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83-01-25
CITY OF MOUND AGENDA Mound, Minnesota MOUND CITY COUNCIL Regular Meeting Tuesday, January 25, 1983 7:30 P.M. - City Hall Pledge of Allegiance - Mayor Polston Minut. es of January ll, 1983, Regular Meeting PUBLIC HEARING · Amendment to Condition~'l Use Permit·to allow a Class I Restaurant and'Dance Hall - Mr. TOm Watson - 5558 Auditors Rd. Pg. 83-86 Pg. 87-158 4. PUBLIC HEARING Delinquent Utility Bills 5. Appointments. to Park Commission Ms. CherYl Burns -'term: to expire 12-31-85 Mr. Art Anderson -'term to expire 12-31-85 Comments & Suggestions from Citizens Present. 6. Presentation by George Boyer, Hickok & Associates on City water system (Report to be handed out at the meeting) 7. Request to appear before the Council - Ms. Jane M. Weisman .·8. Set date for 1983 City Board of Review - Proposed date: May 31, 1983 9. Parking restriCtions for Island View Drive - Bruce Wold 10. Renewal of Annual Gambli.ng & Entertainment Permits: Gambling Permits: --a.-American Legion Post 398 b. V.F.W. Club 5113 Entertainment Permits: a.- Su~r_fside, Inc. · .---b. ~hr~ee Points. Tavern 11. Payment Request #2 - Mound Bay·Park Project - Perkins Landscaping - $10,958.43 12. Payment of Bills 13. Set date for Proposed Use Hearing for 1983-84 HUD Funds in the amount of $92,822 - February 22, 1983 14. INFORMATION/MISCELLANEOUS Pg. 159-160 Pg." 161-166 Pg. 167 Pg. 168-169' Pg. 170-172 Pg. 173-176 Pg. 177 Pg. 178-179 A. January Calendar - Hubert H. Humphrey~lnstitute of Public Affairs Pg. 180-184 B. Letter from City of Orono and Lake Access Parking Agreement Pg. 185-191 C. Westonka Chamber of Commerce "Chamber Waves" Pg. 192-193 D. Metropolitan Council's 1983 Legislative Program Pg. 194-196 E. Proposed Metropolitan Council's District Boundary Lines Pg. 197-198 Page 81 F. Eetter from Councilmember Gordon Swenson regarding actions taken at the ~-11-83 Council Meeting G. Minnehaha Creek Watershed District - Agenda N. Job Training Partnership Act Materials I. "Main Street News" Report J. Public Notice - U.S. Army Corps of Engineers K. Letter from Senator Tad Jude Pg. 1~ Pg. 200 Pg. 201-208 Pg. 20~' Pg. 210-215 Pg. 216 Page 82 8 January 11, 1983 ~£~UL~ ~EETIN~ OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Council of the. City of Mound, Hennepln County, Minnesot'a, was held at 5341Maywood Road in said CitY on January 11, 1983, at 7;30 P.M. Those present were: Mayor Bob' Polston, Councilmembers Pinky Charon, Gary Paulsen and Russ'Peterson. Councilmember~Gordon Swenson was absent and eXcused. Also present were: City Manager Jon Elam, Water Superintendent Greg Skinner and City. Clerk Fran Clark. The following interested citizens were present: Bob.Wiggly, 'Ron Gehrin'and John Wagman. The Mayor opened the meeting, welcomed the people in attendance and lead the Pledge of Allegiance. MINUTES The Minutes of the January 4, 1983, Regular Meeting were presented for consideratiOn. Paul~en moVed and Peterson seconded a motion to approve the Minutes of the January 4, ]983, Regular Meeting as submitted. The vote was unanimously in favor. Moti'on carried. METRO HRA - RENTAL REHABILITATION LOAN PROGRAM 'The City Manager explained that the Metro HRA has announced the availability of below-market interest rate rehabilitation loans to.owners'of rental- property occupied.primarily, by low- and moderate-income-hou{eholds. He is recommendtng .approval of a resolution authori'zing the Metro Council to implement the Rental Rehabilitation Program within'the City of Mound. ... Charon moved and Peterson seconded the following resolution. RESOLUTION #83-17 RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IMPLEMENT THE RENTAL REHABILITATION LOAN PROGRAM WITHIN THE CITY OF MOUND The vote'was unanimously in favor. Motion carried. .pAyMENT OF BILLS Charon moved and Peterson seconded a motiOn to pay the bills in the amount presented on the pre-list of $65,848.92, when funds are available. A roll call voZe was .unanimously in favor. Motion carried. HEALTH INSURANCE PROGRAM The City Manager explained that if any of the Council would tike to be included in the health insurance coverage the City offers it-s employees they would have to pass a resolution authorizing it. No one expressed an.' interest. No action taken. TONKA CORPORATION - E.D.A. PROPOSAL January 11, 1983 The City Manager had given the Council a draft of a three page ~roposal to the Economic Development Administration (EDA) on a feasibility study .on Tonka's building. He explained.that the $6,250 that would be the City's share would come from the HUD grant. He then explained 'that he has received a call from the State and they said that we would probably qualify, for funds for the Tonka problem under a technical assistance program they have. They will be submitting the forms necessary. The Council agreed we should explore all avenues that are open to us.and that we have to consider all the uses of the land and/or building. charon moved and Peterson seconded the following resolution. REsoLuTION #83-18' RESOLUTION.AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL TO EDA ON A FEASIBILITY STUDY ON TONK'S BUILDING The vote was unanimously in favor. Motion carried. WATER METERS The Ci.ty Manager explained that as the COuncil had directed the City solicited quotations on a three..wire water meter system for Mound. We received 3 qUotes. One from Neptune and one from Rockwell on the three wire system and one from Badge~ for a 2 wire system. He then read the quotes to the Council. The Council discussed all three quotations at great length. ' Greg Skinner was present and explained how the Water Department fe~ls about the 3 wire system and why the~ feel the two wire system should be retained. He also submitted a memo'which exp'lained the Water Department's reasoning on the meter subject. The City Manager explained that this was not an action item for this Agenda. No action was taken. INFORMATION/MISCELLANEOUS A. MinUtes of Planning Commission Meeting December 27, 1982. B'. Metropolitan Vlsi.ting Nurse Asso~.iation Newsletter. C'. Letter of Resignation from Police Officer Scott Racek. D. West6nka School'Board Minutes of December 13, 1982. E. American Legion Post #398 Gambling:Report for month ending December 30, 1982. Suburban Rate Authority Meeting Notice - January 19, 1983. MayOr` Polston asked how.the T.I.F. Feasibility Study was coming along. The City Manager stated that he expected to have all the figures 'put together by the 1st or 2nd week in February. 10 January 11, 1983 Paulsen moved and Charon seconded a motion to adjourn at 9:15 P.M. vote w~s unanimously ~n ~avor. Motlon carrled. The City Manager City Clerk BILLS--'---JANUARY 11,...19~3 Bradley Exterminating Butch's Bar Supply Coca Cola Bottling City Club Distrib Day Distrib. East Side Beverage Flahertys Happy Tyme Gold Medal Beverage Kool Kube Ice Midwest Wine A.J. Ogle Co. Pogreba Dis~rib Pepsi Cola Bottling Regal Window Clean Real' One Acquisition Nels Schernau Twin City Home Juice Thorpe Distrib Griggs, Cooper Johnson Bros. Liquor MN Distillers " Old Peoria Ed Phillips & Sons Total Liquor Bills (82) All Star Electric Bl ackowiak & Son Jan Bertrand Boulevard Service Bryan Rock Prod Jan Bertrand David Boyd Commiss of Revenue 'Custom Pool's Coast to Coast Robert Cheney Downtown Motel Dependable Services Farmers Wholesale Tarp .Fire Control Extinguisher Judy Fisher Fire Safety & Commun. Glenwood In~lewood Group Health Wm Hudson 83 unif allow Eugene Hickok & Assoc Hale Fire Pump Hennepin County Treas Hoffman Shoe Repair Island Park Skelly Johnson Paper Co. J.B. Distributing 19.00 238.80 222.65 2,657.20 2,923.26 4,148.08 153.60 112.55 144.50 1,078.00 1,258.15 4,041.74 259.75' lO.75 675.00 10.ol 19.04 5,215.75 2,845.45 5,178.14 1,142.70 1,265.75 3,007.33 36,627.20 153.68 56.OO 12.72 '53.00 469.00 54.75 4O.OO 2,954.27 11.1o 18.37 324.00 44.52 33.00 5O.5O 82.5o 99.05 512 42 43 8O 132 48 400 ,Ob 11000 5O O0 1,196 55 6 O0 16.00 316.15 120.60 Mac Queen Equip Mi ller/Davis Patco Mound Postmaster II II City of Mound Mike Muel ler MBL Marina Auto Supply Minnegasco N.S.P. Robert Ptacek Police Uniform Allow 6x160 Popham Haik Pitney Bowes Credit Reo Raj Kennels Smith Heating & Air Shepherds Rental Rugs Nels Schernau Thurk Bros. Chev Unitog Rental V & R Heating V & S Jewelry Westonka Sanitation Winner Industries Water Products Wallin-Heating & Air Xerox Ziegler, Inc. Total Bills (82) Amer Waterworks. Assn"., Air Comm Burlington Northern Internatl Assn Fire Chiefs Lake Region Mutual Aid Lake Mtka Conserv Metro Fone Commun~ Minn Com, MN State Fire Dept Assn Metro Area Mgmt Assn MN M.F.O.A. Pitney Bowes R.L. Youngdahl Westonka Chamber Commerce Total Bills (83) GRAND TOTAL ALL BILLS 400.o0 45.95 3.60 349.72 108.12 6OO.OO 44.64 206.31 679~78 642.89 3,790.48 4O.OO 960.00 1,729.43 26.00 238.00 780.00 53.00 17.z5 190.84 357.72 13o.oo 7.oo 5o.oo 2.41 537.O0 30.50 · 859.84 177.50 26,115.34 '48.O0 96.00 533.33 ' 60.00 10.O0 '1,998.50 11.80 28.75. 90.00 5.00 lO.O0 65.00 lO0.O0 50.00 3,106.38 65,848.92 CITY of MOUND MOUND, MINNESOTA 55364 January 22, 1983 TO: CITY COUNCIL FROM: CITY MANAGER RE: "YOUTH ENTERTAINMENT cENTER'' Enclosed, in somewhat chronological order, 'i's all the background material and memos we have'on Tom Watson land his various conditional use permit applications. This evening.there a~e three separate applications for your consideration: A. An amendment to hi{.-Conditional Use Permit to allow dancing and a Class I restaurant'- -B. The Dance Permit. C. Restaurant Licehse. I belive most of the material speaks for itself. I think I would like to share 'with you what my conclusions and recommendations are on this. In Mr. Watson, 'l think we have an applicant who is pretty well committed to this project, so much so that he has invested at least $25,000 without any.assurance whatsoever that he will-receive City Council approval on his applications. Before we go into that I do want to mention that Mr. Watson has a mixed record with the City. His first Arcade was closed because of building code vi'olations; he has been lake with his arcade machi-ne fees; there were a series of questions 'regarding his building permits. Somehow after alot of meetings and negotiations all the various past problems have be~n overcome. Basically,. what'he decided to do was expand his'existing arcade into the room adjacent to it which he rented fromMrs; Moy. This simple arcade expansio~with a change of hours was approved October 12, 1982. The work to complete that grew from an initial remodeling job of $6,000 to an estimated $25,000 now. He had to take out an amended Building Permit after we noted alot of extra work going on that was not covered by the first Permit. Most all of those bul]dlng problems have been .resolved and the construction work is almost complete and, in fact, he has told people the Center will be open Tuesday evening as soon as' the Council approves his applications. He is impatient because that could be a major hurdle because we have to hold a public hearing to solicit public advice and the vote to approve or not approve his request. This vote will be to amend his existing Conditional Use Permit and then grant his request for a Public Dance Permit and a Class I Restaurant License. Page 2 January 22, 1983 "Youth Entertainment Center'' I have gone over all the attached material and tried to organize it into a series of conditions that might be incorporated into an approving resolution. This is back in the packet. In conclusion, he has build a very nice place and his proposal has lots of conditions and rules built into it. I think we have all gotten used to working with Mr. Watson's unorthodox style and I would recommend approval. dE:lc CITY of MOUND MOUND, MINNESOTA 55364 (612) 472-1155 January 6, 1983 TO: FROM: CBD PARKING COMMITTEE JON ELAM, CITY MANAGER I've had a chance to work through Tom Watson's numbers for his youth center. His bill in 1982 if he had been involved in the assessment district would have been $2,346.68. This would have amounted to 12.1% of the total bill of $19,277.95. When you consider the bill for the Medical Clinic was about $1,]O0 or SuPer Valu Of $1,400, his total seems a little higher under the CBD formula. The reason it is high is because his requirement of 154 parking SPOTS equals 16.48% of all the 937.5 spots. His frontage of 65 feet equals 2.60% of the total and market value of $50,O00 equals 1.65% If you want to give me your reaction to this I would appreciate it otherwise I'll go to the Council with it. JE:fc PARKING REQUIREMENTS The Central Business District (CBD) Parking Advisory.Committee met on january 5th and reviewed the Planning 'Commission's recommendations for 150 parking spots for the "Youth Entertainment Center". They ~upported this with the understanding that the situation will be monitored and if changes in the number need to be made that they will, prior to the adoption of the 1983 CBD Parking AsSessment Role in August. In order to insure continuity and conformity with all other b~s|nesses in Downtown Mound, there was unanimous agreement that the parking formula used for all businesses should also be applied to the "Youth Entertainment Center". The attached map outlines the parking spots proposed to be used to meet the 150 spot requirements. 0 · B 3B3V'W~OD qR.. January 4, 1983 Councilmember Paulsen moved the following resolution. RESOLUTION NO. 83-12 RESOLUTION TO SET DATE FOR PUBLIC H.EARI.NG ON ' .' AMENDMENT TO CONDITIONAL USE PERMIT - TOM WATSON WHEREAS, WHEREAS, Tom Watson, who currently has a Conditional Use Permit for 'an Arcade, is requesting an amendment to this Conditional Use Permit to allow a Class 1 restaurant and a dance hall, and the Planning Commission has recommended approval of this amendment; NOW, THEREFORE, BE IT RESOLVED., BY THE CITY COUNCIL OF MOUND, MN. as follows: That January 25, 1983 at 7:30 P.M; be the date setlfor the public hearing on an amendment to Tom Watson's Conditional Use Permit. A motion for the adoption of the foregoing resOlution was duly 'seconded by Councilmember Charon and upon vote being taken thereon; the .following voted in favor thereof: .Charon, Paulsen, Peterson, Swenson and Polston; the following voted against the same: none; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested b.y the City Clerk. Mayor ATTEST: City Clerk CiTY OF HOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the followlng information) Legal'Des~ripti.on of Property: Lot ~'~' J~ '/,,.:7 Fee Paid Date Filed Block ApPlicant '(if other; than owner) Name Day .Phone No. -Address Type. of.Request: ( . ) Variance ( onditi6nal Use Permit ( ) Zoning Interpretation (; Review m ' ( ) 14etland Permit ( ).P.U.D. *If other, specify: -- .- 'i~'PresenE 'Zoning Distr!ct ~ \ ) Amendment -~-Sign PermSt )*Other Existing Use(s) of Property ~R~_~ID~ .... ," Has an application ever been made for zoning, variance, or~d~ional use permJjor other zoning procedure for thls property? ~/.e~ If so, .list da~e~s) of list date(s) of application, action taken a6d provide Resolution No.(s) Cop.i'es of previous resolutions shall accompany present request. ! certify.that all'of the above-statements and the statements contai.ned in any required paPers or plans to be submitted herewith are true and accurate. ! consent to the an. try in ibed In .th on or upon the premises descr . is app)~i by any authorized official of the City of Hound for the' purpose of inspecting,~r o,/v posting, maintaining and removing such notices-as ma¥..be required by. law.~_____~~ Signature of Appllcant Planning Commission Recommendation: Date Coanci 1 Action: Regolution No, Date 6-IT'I, 0¥. HOUI~ Moundo. ML,'meso~a.. PUBLIC DANCE PERMIT APPLICATION Stre e$ ~ity S~te (3) Does ~one other t~n above ~ve f~clal ~te=est ~ the bus.ess? (4) ~o~t~o~ o~ ~, ~ ~~' ~ ~ Phone No.~ Zip (5) Dates of Single Dances (6) If A~uual Dance Permit: From when to when 7) Fee:. Single Dance - ~ per day.,. · ~ · - *If' the answer to Item 3 is "Yes," please list others having a financial ~nterest in the business below, giving name, address and te.lephone number. ./° CITY' OF MOUND 5341 Maywood Road LICENSE APPLICATION {2) R~$TAURANTS, CAFF~ ;%ND PUBLIC EATING ~OUS~S Street .City (4) Does anyone othe~ than above have Phone SUate Zip financial inter&st in the business? //f~ ' Section 37.10 .License Required: That all Restaurants, Cafes aha Public' Eating ~ouses~....~. shal'l secure a license to operate, from the City, which license shall run for c .~,,.. year, and be signea by the City ·Clerk. The license fee shall be $5.00 and sa/8 license shall expi:e annually on APril 30. (Revised - Or~d_nance 397 Feb. 27, 1979} Date * If the answer to Item 4 is 'Yes", please list others hav. ihg a financial interest . interest in the business below on this application, giving name, address and telephone number. .ture of Applicant 74// Zf/ o. f Da, P~ge 2 Planning Commission Hinutes December 27, 1~82 BOARD OF APPEALS 1, Case .No. 82-157 · Tom Watson, 5'558 Auditors'Road Lot 5 and W. 45ft. Front &-Rear of. Lot 3, Auditors Subdivision 170 Alter'a:ion and Expans!on ~f an Existing Arcade Conditional USe Permit. Mr. Watson was present and.gave each Con-hi,sion memb~r;-a written outline describi.dg'hi$ pr°posed."¥oung:Adult.En.tertainment Center". Mr. Watson is requesting approval of an amendment to his Conditional Use Permit to include restaurant and dance hall licenses.'. ' - Building Off~cia.l,. Jan Bertrand, was present'and:reported that at 'her meeting with Mr. Watson'on December 16; 1982, she expl~ined a number of items .that needed to'be outlined by Mr. Watson for the Commission and the City Council. The items'were as follows: l. Type.of.Restaurant: .. a. seating capacity, and arrangement b. storage and equipment layout ' -. c. floor.area · d. miscellaneous 2. 'Phases of his operation: · a. existing use b. present"requested use .... c.' any future.plans to involve this year's licenses, 3- Dance Hall: a...area.designated b. occupant capacity c. de type. of music .(lide entertainment is not allowed in-Cla~s restaurants or.B-1 district) other provisions.to, be met by local and State Statutes 4. Noise/Odor ' a. control provi~ions .-b. any cooking facilities 5. Signage/Exterior and Interior Lighting 6. Parking " a. customer parking b. employee parking c. loading and delivery of goods d. age group vs. parking needs : e. hours of operation vs. C'.B.D. parking for other businesses needs Page 3 Planning Commission Minutes December 27, 1982 Sanitation a. refuse storage b. customer refuse, if food containers leave the building (Class restaurant.does not include take out, drive-in or convenience food establishments) The Planning Commission then discussed the outline Mr. Watson submitted and the memorandum the Police Chief had submitted. Mr. Watson agreed that the Police Chief's memorandum could be incorporated .into his Conditional Use Permit if approved. The following is the outline Mr. Watson submitted with the revisions by the Planning Commission: "The following.outline will'.describe.a.young adult entertainment center, located at 5'558 Auditors Road, Mound, Minnesota. The entertainment for the facility, the operating hours, management and general policy will be designed to reinforce th~ community, standards"of the Ci.ty'of Mound;'.as well as the wishes of other neighborhood business'.i'nterests~and local homeowners. The facility will be profess.io~ally designed to take into consideration traffic flow, crowd control and decor details. The phys'ical layout and decor will'be designed around the same Cr.iteria used in a restaurant lounge. This..'decorating scheme has also.included refurbishing the exterior'of the building.' .. The management and. operating policies for a dance hall can be broken down.to'four main categorles:..Clientele, Operating Hours, Secbrity and General Operating Rules. . I.' CLIENTELE· " The cllentele will'be based around students at 'local MOund schools. Promotion in school newspapers, and participation in 'student activities will insure a large percentage of local yOuth. .Also, a discount in the admission charge will. be.given to. pat~o~sL-with a valid Mound I.D. The age group we will.cater to'.iis from 16 to 18 Years old with policies discouragi'ng younger or older individuals from admission. Exceptions will be made and we stress that parents are invited and welcome to view our facility 'and may enter without paying the admis§ion charge. Written cOnsent for the parent or legal guardian is required. II. OPERATION HOURS Upon approval from thb City Council hours for holding dances would be 7:30 P.M~ to.lO:-30 P.M. weekdays and 7:30 P.M. to ll:O0 P.M. weekends. Special functions will from time to ~tlme be sponsored in the facitity. Ill. SECURITY Arrangements have been made with the Mound Police Dept. for on-duty Mound Police Officers to work the interior as well as the exterior Of the building. 'The payment for these Officers will be the Page 4 Planning Commission Minutes December 27, 1~82 responsibility of the-facilitY and will in no way cost thc residents of Mound additional tax dollars. The cost of police officers to staff the "Youth Center" will be billed at l~ times the officer's pay plus the cost of ~rlnge benefits.· All payment will go through the City and will be paid for in advance of the service rendered. The above police officers will also be augmented by .house security people, hired by the. facility. Exterior lighting will.be installed around the building will be installed, ia. a ligh~..in the secluded a'rea where the temporary entrance is, If the Police.Chief feels more lighting is necessary, the facility will 'install at their expense.. IV. GENERAL OPERATING RULES Operating r.ules'.which relate to control of the'clientele in the. 'building and parking area are as follows:' All coats and outerwear will be checked at the-time of admittance. This also includes purses. Customers are not allowed to re-enter into the building after exi~ing .without paying a second .admission. ' A dress code will be strictly'enforced restricting customers to school attire. Mr. Watson. wa~.asked to spell.out his dress code. His .reply was. Only dress:.slacks, dresses or designer jeans. No shoes with holes, jeans with holes or.t-shirts, short'shorts, or'halters.tops. Liquor or drugs are totally, banned from the~facillty. AnyOne caught withFcontraband will be banned from the facility and be sobject to arrest and'prosecution. Smoking will not be allowed.in the building. Heating, air conditioning and noise control will be according to code. There wi'll b'e no open doors or windows. V. MISCELLANEOUS INFORMATION PARK1NG: There are i14 parking stalled across Auditors Road'from the young adult'center and an additional 6 stalls on Marion Road running along the side of the facility, also across Shoreline the~e is a.large parking lo~ consi, sting ~f apprOximately ~0 stalls. There .is also.ample parking 'for. all employees.behind Branty's. There was considerable discussion on the parking requirements'for this use. The Planning Commission recommended)'imi:ting occupancy to 300 persons and requiring 150 stalls for the dance facility and 33 spaces for the Class I restaurant. They also advised Mr. Watson to meet with the City Manager and the CBD Parking Committee to work out an agreement on the use of the parking, lots and payment for that use.. Mr. Watson stated that he could see Page 5- Planning Commission Minutes December 27, no conflict width the business people on the use of the parking Tots because. he would be using them after the businesses' were'closed after 7:00 P.M. "FOOD: Upon approval from the-City. Council food served wou'ld consist of the following: Ice cream soda type drinks and pop. Micro wave heated sandwishes (deli express type) frozen pizza and it Would be served at the table, .NOT TO BE CARRIED OUT'OF THE BUILDING. Food preparation area will 'meet.all requirement of Hennepin County and the City. The restaurant will.meet alt-the Class I restaurant requirements in the Zoning Ordinance. TRASH & LITTER: All food and:drinks will.be served in disposable containers.. Ample disposal.units will-b~ placed.around the facility for disposing Of same.. The facit'it¥ will be responsible for picking up any litter outside the building'and .in the parkin9 lots," . CONCLUSION "In conclusion, we confidently'state that our ~ject will'be an asset to'the cOmmunity.c. We will give the.young adult's.6f Mound. a~sophlsticated and well managed place to socialize. We'wi)l ~evelop:the respect 6f our.clientele and help to maintain and de.velop:~the ·individual'patron themselves.~' The Planning Commission Wout:d~.]i.ke to have the City Attorney draw. up this amendment to'Mr. Watson's Conditional USe Permit. Mr. Watson'agreed to have' the Police Chi'ef's memorandum, dated December. 20, l~82, incorporated into the. amended:~Conditional Use Permit. Weiland moved and Jensen'seconded...a'motion .~o recommena, approval of.' the amendment to Mr. WatSon~s Condit~.onal Use Permit allowing a dance hall and Class.! restaurant according to.the spe6i, fi~cations above, all being incorpor.at~d in~o.the amendment.. "The vote was Wei:land; Jansen and'.Swenson in'favor with Mierzejewsk) and.Paterson .voting nay. Motion carried, Mierze]ewski voted nay. because he felt Mr,.Watson would'.have prob)ems-living up.conditions of admlnisterln'g't~e dance hall"-for the teens (checking .notes from pa'rents., etc.) · 'Peterson'voted'nay beqause h~ didn't feel the Planning Commission-had enough time or information to specify what they were voting on and he felt a temporary, trial permit would be more advi. sable. z Case No. 82-157 ~Procedure for Conditional Use Permit D. E. Fe case Location of: Signs, easements, underground utilities, etc. Indicate North compass direction. Any additional information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. III Request for a Conditional Use A. All information requested below, a site plan as described in Part II,'and a development schedule providing reasonable guarantees for the completion. of th~ construction must be provided.before a hearing will be scheduled. B. Type of development for which a Conditional Use Permit is requested: " 1. Conditional Use Current Zoning and Designation in the future Land Use Plan for Hound .D. Development Schedule: '- 1. A development schedule shall be attached to this'application providing reasonable guarantees for the completio~o_~.of the proposed development.' 2. Estimate of. cost of. the project: $_~_~ Density (for resident|al developments only): I. Number of structures: 2. DwelliAg Units Per Structure: a. Number of type: Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 3. Lot area per dwelling unit: '. 4. Total lot area: IV. Effects of the Proposed Use List impacts the proposed use will have on property in the vicinity, in- cluding, but not limited to traffic, noise, light, smoke/odor, parking, and, describe the steps.taken to mitigate or eliminate the impacts. CITY OF HOUND Mound, Minnesota Planning Commission.Agenda of December 27, ]982: Board of Appeals Case No. 82-157 Location 5558 Auditors Road Legal Desc.: Lot 2 and W 45' front and Rear of Lot 3, Auditors Subd. 170 Request: Alteration and Expansion of an Existing Arcade Conditional Use Zoning District: B-1 Applicant:. Tom Watson 5558 Auditors Road Mound, MN. 55364 Case No. 82-157 Revised Mr. Watson is ~equesting to expand his'arcade operation from the present floor' area of 762 square feet to add .another 3,310 square feet' for a total of 4,072 square feet. The City Council approved a resolution April 6, ]982 for the sion of his previous operation and then a letter wa% received from Mr. Watson on October 8, 1982 to extend his hours of operation'which stated "I'm also requesting the City Council Members to permit me to expand the Youth Center". At the Octo- ber 12, 1982, City Council meeting. Re~olution # 82-277 was adopted to extend his hours and also extend his operation into an adjoining area, (copies are attached). On November.8, 1982, I issued a building permit for $5,000 value to sheetrock, carpet, remove windows and block.up window openings and install exit door. After .some discbssion with Mr. Watson, regarding.the,conversi, on from a parking/storage garage use to an assembly use .provisions of'.the Building Code,'he retained an architect and a stop work order was issued;' The architect's drawings are dated November 16, 1982.which indicate a-Youth Center/Dance Hall use. Bruce Wold, Police Chief, after hearing that Mr. Watson was going to operate a dance hall/food establishment stopped by there on November 16,'19~2. Mr. Watson showed him a drawing of a equipment and seating layout which indicated a restau- rant/dance hall. The City received a copy of that drawing at the Planning and Zoning meeting of December 13', 1982. On December 2, 1982, Mr. Watson applied to the City for a Conditional Use expansion, restaurant and dance hall licenses. Also, I'discussed with Mr. Watson the construction value of the work involved .should include all work for mechanical, p]umbi.ng, wiring (all permanent work and equipment); he obtained another building permit on December 16, ,1982. I explained to Mr. Watson that he still had a stop work order effective until his change in request was approved for a dance hall/restaurant. I met with Mr. Watson on December 16~ 1982 to' discuss the outlined items that the Planning Commission would like him to address in a written statement. I also gave'Mr. Watson a copy of the · State Statute governing Dance Halls as well as'told him he should get copies of. the local Ordi.nan~e. He has met. with the County Health Department regarding res- taurant requirements. The Planning and Zoning meeting of December 13, 1982 had a lengthy discussion of Mr. Watson's request after which, it was decided a trans- cript should be made of the topics discussed. (Attached transcript). At my meeting with Mr. Watson of December 16, 1982, I feel the items needed to be outlines for the Commission and the City Council are: Type of Restaurant: a) seating capacity and arrangement b) storage and equipment layout INTEROFFICE MEMO TO: FROM: SUBJECT: Jan Bertrand, Building Inspector Bruce Wold, Chief of Police Mound Arcade DATE December 20, Jan, on about 12-15-82, you asked me to research requirements ~,ir. Watson would, have to meet. under the dance hall ordinance and state statutes. ~ review caused me to contact one of the attorneys on the state attorney general's staff and City Attornc.~ Curt Pearson. ~.~ findings are stated below: Requirements under the Minnesota statute 624.40 a) 624.49 Not to admit certain'persons: This statute subdivision states intox~~ cated persons,'prostitutes, or any person of known immorality may not enter. The subdivision further states that unmarriedpersons under 16 years in age, may not enter unless accompaniedby parent or legal guardian. It further states that unmarried persons more than 16 but less.than 18years must be accompanied by a parent or legal.guardian or have written consent of the parent or legal, guardian which.is given to and kept by the officer present. b) 624.50 Officer'must'attend:alI. public'dances: This section of the statute requires an Officer of the law, as designated by the police chief, be present during all dan6es. It further states .that the salary of the officer shall be paid in advance. ~. ~.~ · c) 624.51 Hours: The hours stipulated on the existing conditional use permit exceed the requirement set' down by state statute. Requirement contained in M°und City Ordinance Chapter 38Part Ci Dancing - Public and Dinner. a) 38.15: Adopts Minnesota:statute 624.42 624.54 by reference. b) 38.22: Requires the presence ora police officer who is approved by the po--~e chief. Salary of the Police officer is to be paid in advance of the event. c) 38.23' Entrance:~ requirements' Sets the same type of moral requirement for entrance as MSA 624.49 .... d) 38.24 thru 38.29A: Set down noise and conduct requirement to be monitored by the officer on duty. conversation with the attorney general's staff lead no where. They are very co~nittal about enforcement and referred me to the city'attorney. Curt Pearson was quite helpful and very definite about what the city should require. He advised that the Ci~y'adopt~all of chapter 38Part C sections 38.15 thru 3~.29A as part of the conditional use oermit. Failure of the~iSy %~ perform as the ordinance requires would be an Omission on the part o± the City. Jan Bertrand Dec. 20, 1982 Page 1%~o Mr. Watson and I had a conversation approximately two weeks ago concerning exterior lighting. Mr. Watson agreed, at that time, to install a light in a secluded area where his temporary entrance is. The light would serve to discourage loitering in this area and make visibility of the area easier for patrol officers. I would like the plm~ning con~nission to address this issue. ~I]~e cost of police officers to staff the arcade will be billed at 1½ times the o~ficer's pay plus the cost of fringe benefits. All payment will go through the City m~d will be paid for in advance of the service rendered. I anticipate being able to fill the overtime required on a volunteer basis. However, assig~nents of police officers is possible under the ordinance. Billing ~through the City is required to reflect the on-duty status of the officer making him eligible for workers compensation and other fringe benefits should he be injured. The officer is also under my control and direction while assigned and must conform to department rules. The hourly rate will fluctuate from $22.82 to $2?.25 depending upon which officer is available to work. Very truly yours, Chief Bruce Wold Mound Police Department BW/sh "YOUNG ADULT ENTERTAINMENT CENTER" Mound Community 5558 Auditors Road Mound, Minnesota 55364 The following outline will describe a young adult entertainment center, located at 5558 Auditors Road, Mound, Minnesota. The entertainment for the facility, the operating hours, management and general policy will be designed to reinforce the community, standards of the City of Mound, as well as the wishes of other neighborhood business interests and local home owners. The facility will be professionally designed to take into con- sideration traffic flow, crowd control and decor details. The physical layout and decor will be designed around the same criteria used in a restaurant or lounge. This decorating scheme has also included refurbishing the exterior of the building. The management and operating policies can be broken down to four main categories: Clientele, Operating Hours, Security and General Operating Rules. I. CLIENTELE The clientele'will be based around students at local Mound schools. Promotion in school newspapers and participation in student act- ivities will insure a large percentage of local youth. Also, a discount in the admission charge will be given to patrons with a valid Mound I.D. The age group we will cater to is from 16 to 18 years old with policies discouraging younger or older individuals from admission. Exceptions will be made and we stress that parents are invited and welcome to view our facility and may enter without paying the ad- mission charge. Written consent of the parent or legal guardian is required. II. OPERATION HOURS The operating hours are compatible with the Mound Police Department and will run from 2:30 p.m. to 11:00 p.m. ~nday through Friday and 2:30 p.m. to 12:00 midnight on Saturdays. Special functions will from time to time be sponsored in the facility; such as Dayton's Fashion Shows or school affiliated parties. Upon approval from the City Council hours for holding dances would be 7:30 to 10:30 weekdays and 7:30 to 11:00 weekends. III. SECUP~TY Security is an area everyone is concerned about. We have developed good rapport with the b~und Police Dept. and working in close comm- unication, have made arrangements for off-duty Mound Police Officers to work the interior as well as the exterior of the building. The payment for these Officers will be the responsibility of the facility and will in no way cost the residents of.Mound additional tax dollars. The above police officers will also be augmented by house security people, hired by the facility. I have been totally involved in the development of the existing arcade facilities and although problems and the need for security are minimal, we will initially overstaff in this area to make a statement to our clientele as to our policies. IV. GENERAL OPERATING RULES Operating rules which relate to control of the clientele in the building and parking area are as follows: Ail coats and outerwear will be checked at the time of admittance. This also includes purses. Customers are not allowed to re-enter into the building after ex- iting without paying a second admission, this will prevent loitering in the building area. A dress code will be strictly enforced restricting customers to school attire. Experience elsewhere shows that the students are in fact dressing up to attend similiar facilities. Liquor or drugs are totally banned from the facility. Anyone caught with contraband will be banned from the facility and be subject to arrest and prosecution. We sincerely feel that this facility will show area young adults that liquor or drugs need not be a part of a .great evening of entertainment. Smoking will not be allowed in the building. These rules are designed to create a healthy and fun environment for everyone attending. V. MISCELLANEOUS INFORMATION PARKING: There are 114 parking stalls across Auditors Road from the young adult~center and a~ additional 6 stalls on ~.~rion Road running along the side of the facility, also across Shoreline there is a large City Parking lot consisting of approximately 90 stalls. There is also ample parking for all employees behind Branty's. FOOD: Upon approval from the City Council food served would consist of the following; Ice Cream soda type drinks and pop. ~cro wave heated sandwiches (~eli express type) frozen pizza and it would be served at the table, NOT TO BE CARRIED OUT OF BUILDING. Food prep- aration area will meet all requirements of Hennepin County and City. //O TRASH & LITTER: All food and drinks will be served in disposable containers. Ample disposal units will be placed around the facility for disposing of same. We will also be responsible for picking up of any litter outside on parking lots. COMMD~ITY FUNCTIONS: I talked with Mr. Don Ulrick, Community Service Director, offering our facility to the community for fund raising luncheons and other special functions. He was very much in favor of using our facility for various type community sponsored events. CONCLUSION In conclusion, we confidently state that our project will be an asset to the community. We will give the young adults of Mound a sophist- icated and well managed place to socialize. We will develope the respect of our clientele and help to maintain and develope the individual patron themselves. )11 Dear Parents and Students, On Tuesday, January 25, 1983 there will be a public hearing with the Mound City Council to decide whether a special dance permit will be issued to a Young Adult Entertainment Center, located at 5558 Auditors Rd., Mound. Here are some facts you, as a parent, need to know: !. This facility has been designed to provide dancing, social- izing, games, sandwiches, pizza and non-alcoholic beverages, primarily to our young people between ages 16 to 18. The Center will also be available to other community groups for special functions. 2. The operating hours comply with our local curfew laws. 3. In addition to responsible supervision supplied by the Center, a Police Officer will be on duty to ensure security at all dance functions. The payment for these officers will be the responsibility of the faci]itv and will in no way cost the residents of Mound additional tax dollars. 4. There will be an admission charge, and no one may leave and re- enter without paying a second time - this will discourage loitering. 5. Dress and behavior codes will be strictly enforced° 6. Liquor or drugs are totally banned from the facility. Anyone caught with contraband will be banned from the facility and be subject to arrest and prosecution. We sincerely feel that this facility will show area young adults that liquor or drugs need not be a part of a great evening. Smoking will not be allowed in the building. WE URGE YOU TO COME AND INSPECT THE CENTER FOR YOURSELFI~! Information can also be 6btained by calling Tom Watson at (472-9564) 2:30 to 10:00, (hours available). After you have seen what the Center has to offer our teenagers and the community, we hope you will help us secure the special dance permit needed to provide a healthy, well sup- ervised, LOCAL place of entertainment for our youth. Please tear off and return the form below to us either in person at the Center, or mail. to: 5558 Auditors Rd., ~und, as soon as possible. We must receive them before the Public Hearing on January 25th. 'If you wish to provide more support, come to the hearing, or call a council- member, and voice your support. THANK YOU. WE URGE YOU TO ATTEND THE PUBLIC HEARING ON JANUARY 25th. YOUR SUPPORT IS GREATLY NEEDED. Please include my name on a petition to be presented to the City Council of Mound requesting the issuance of a special dance permit to the Young Adult Entertainment Center at 5558 Auditors Rd., Mound, Minnesota. Date: Signature: · Address: Phone: CITY of MOUND January 22, 1983 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is the only pjece of mail on this the City has received as of January 21, 1983. o~.~., Ne,4:fia A~.' . ' ' open, .a:nd,,.~..~e peopJ, e tw. ee. .61ze~e ca~, g~. }_oo~ ZLke a ~ aJ.o~. T/ze tnv.~ -2- 9 v. ouJZ app, te.e. Za~ ,, ~p.~ eormo_~.r~ ~LitLam 2. N~ INTEROFFICE MEMO FROM: Jon Elam Bruce Wold SUBJECT: Mound Youth Entertainment Center DATE January Zl, By interviewing merchants in the area of the center, I discovered the following concerns about the opening of the center. These are: 1. Harrassment of merchants and customers by loitering juveniles 2. Vandalism of cars and graffiti on the walls 3. Careless driving 4. Litter 5. The fear that the police department may not be able to deal with such a large influx of juveniles. Two merchants voiced no concerns, and one of these was looking forward to the center opening so Mound youth had a place to recreate. The concerns registered by the merchants are all legitimate. I feel the police department can cope with the problems of the youth outside the center. There will be times however, when calls for service in other areas of the co,~J~nnity will make patrol difficult. For that reason, I would request that action be taken on the following items: .. 1. Require Mr. Watson to post rules of conduct which includes a no loitering provis ion. 2. Require }ir. Watson, Ms. Moy or both to seal off the enterance to the basement. ramp at the northwest corner of the building. This can be done by some sort of moveable screening which is secure enough to keep juveniles from forcing it open. I am concerned that this secluded area could be the scene for rape, assault, burglary, fire, drug consumption and drug transactions. 3. Require lighting in the following areas: a. At the current enterance to the arcade (this is discussed in my memo to the building inspector). b. Depending upon the recommendation of the City Engineer, install adequate lighting in the 24 hour parking lot west of the youth center. This light- ing should help illuminate some of the surrounding area of Lost Lake and spill over Onto the Netka property. 4. Require ~tr. Watson to pay thepolice-officer on duty inside the youth center one half hour ~ast the end of dancing to assure juvenile patrol disburse from the area ~f the arcade. 5. Require ~ir. Watson to provide the City. Of Mound the name of the corporation, partnership, or proprietorship the youth center does business under. Re- quire a co~y of 'such documents be turned over to the City Of Mound so the City Of Hound has record of the company holding the licenses and special use permits. If the above crime prevention measures are taken, police presence in the area of the youth center could be reduced. Random surveillance work would keep juvenile offenders off guard and less likely to act out. Increased patrol by reserve officers and ex?lorers would serve to keep the police awareness at a high level in the area. Case No. 82-157 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of December 13, 1982: Board of Appeals Case No. 82-157 Location: 5558 Auditors Road Legal Desc.: Lot 2 and W 45' front and rear of Lot 3, Auditors Subd. 170 Request: Alteration and Expansion of an Existing Arcade Conditional Use Zoning District: B-1 Applicant: Tom Watson 5558 Auditors Road Mound, MN. 55364 Mr. Watson is requesting to expand his arcade operation from the present floor area of 762 square feet to add another 3,310 square feet for a total net area of 4,072 square feet. He would like to include a dance and food serving area. License applications are attached along with other ipformation that was submitted to the City Council in October, 1982. As per Zoning Ordinance definition, "Section 23.302(23) Commercial Recreation - Recreational facilities such as bowling alleys, tennis courts, race tracks, etc., constructed and operated for profit, by private enterprise~',, the use as an ar- cade is permitted by conditional use. It is my understanding that Mr. Watson is planning to have public dances with electronic music as an accessory use of his original arcade conditional use permit. Section 23.505.3(6) states "An amended conditional use permit application shall be administered in a manner similar to that required for a new conditional use permit". Section 23.505.3(3) requires the 'City Council to hold a public hearing on the matter. Mr. Watson has applied for a restaurant license. My understanding is that Mr. Watson plans to serve such things as ready made items--pizza or Stewart type sandwiches, ice cream, possibly 'hot dog. Section 23.302(94) which states "Restaurants (Class I) - Traditional Restaurant - Food served and consumed by a customer while seated at a counter or table and the restaurant does not serve intoxicating liquor or provide live enter- tainment. Cafeteria: Food is selected by a customer while going through a serving line and taken to a table for consumption" and SectiOn 23.302(95) which states "Restaurants (Class II) - Fast Food, Convenience, Drive-In and Liquor Ser- .vice Restaurants - A restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or able to be taken to a table, counter, automobile, or off the premises to be consumed; or a drive-ih where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve intoxicating liquor or have live entertainment" Mr. Watson seems to be requesting a Class II restaurant license which is not a permitted use in the B-1 Zoning'District. I will advise Mr. Watson that he may apply for a zoning amendment to possibly correct that situation. To date, I have not received his revised plans for the expansion of his operation in. writing. The letter to the City Council dated October 8, 1982 only alluded to some type of expansion. My blueprint, part of which is attached, calls for such items as exit doors, lighting, heating, insulation, sound wall and a floor finish of carpet with sheetrock walls. Recommend: I would recommend that Mr. Watson completely lay out for the Commission his intentions, schedule for completion, and estimated cost. (Page 2 of the application). If the Commission would approve an amendment to the Class II Restaurant definition and a larger volume of refuse is Planning Commi.ssion Agenda of December 13, 1~82 Board of Appeals - Case No. 82-157 Page 2 Case No. 82-157 generated, screening and refuse containment should be considered. Present]y, there is one dumpster serving the entire site (Moy's Restaurant and'the Arcade). Outside lighting of the entrances and signage should be discussed along with off-street parking and loading areas. Food deliveries to Moy's are made at the west and rear 'of the ~uilding, alongside of .the Arcade. A sound wall is' being constructed between t'he Arcade and-Moy's. The outside walls of the Arcade are conCrete block and I do not feel noise should be a problem. At the present, the Zoning'Ordinance, Section 23.708.2 adopts the MPCA stan- ard which states fo~ the 721 Entertainment Assembly Noise'Area Classi- ification use the dB'level is to be a maximum of 60 dB fo~'50~ to 65 dB for 10~ of the operating hours. //? TO~Cl~y Manager; INTEROFFICE Jon Elam FROM: Pol ice Chief; Bruce Wold SUBJECT: Mound Arcade MEMO DATE, December 7, On December 3, 1982, Mr. Tom Watson saw the City Clerk and informed her that there is a second person with a financial interest in the Mound Arcade. The Person is Howard Hopkins Thompson Jr. Sgt. Hudson completed a backround check on Mr. Thompson earlier today. A · copy of Sgt. Hudson's report is attached to this memo. As you can see by review- ing Sgt. Hudson's report, Mr..Thompson has one felony arrest, a number of misdem- eanor arrests and a number of driving arrests. All of these arrests are also confirmed convictions. Several times in the past Mr. Thompson has failed to appear to answer citations issued to him. The failure to answer the citations lead to numerous warrants being issued for his arrest. Frequently Mr. Thompson was arrested on.a number of warrants at the same time. The result of these warrant arrests is to cause numerous same day convictions on his arrest record. Mr. Thompson has a current active bench warrant for his arrest. Perhaps most disturbing about Mr. Thompson is his convictions for Burglary and Possession Of Marajuana. Mr. Thompson was 18 years old at the time he was arrested for Burglary and Theft Over $100. Mr. Thompson's sentencing was done under Minn. State Statute 609..135 allowing charges to be dismissed upon.the successful completion of a specified-program. The burglary occurred on December 1977.at a Kenny's Market in Minnetonka: Two past convictions for Possession Of MaraJuana raise questions.about_the fitness of Mr. Thompson to be in close contact with the youth of Mound. His most recent conviction in April 1982 tends to portray Mr. Thompson as a person active in drugs of one form or another. I have reviewed Chapt. 36 of the Mound City Ordinances which regulates Arcades and Arcade Licensing. A copy of sections of the ordinance which apply to Mr. Thompson are attached to this memo. Under Chapt. 36, Mr. Watson errored in not supplying information that Mr. Thompson had operated an arcade in the past, and that Mr. Thompson had past convictions for crimes. Section 36.15 Subd. 6 (2)(a) makes the arcade ineligible for licensing if the person owning the licensed activity is not a person of "Good Moral Character". I have concluded from my check of the backround material that Mr. Thompson fails to meet the "Good Moral Character" standard required by Mound City Ordinances. His recent criminal convictions, his disregard for law in failing to answer citations until arrested for warrants and his lengthy driving record all portray Mr. Thompson as a person of less than "Good Moral Character". I feel this case closely parallels the case made for revoking the license of the Mound Lanes after the conviction of Mr. Ferris. I would recommend that you urge the Mound City Council not to approve any permits or licenses for Mr. Watson until he can prove Mr. Thompson has relinquished all interests in the business currently licensed as the Mound Arcade. PAGE 2 Proposed Conditions of Ai)proval the building and in the parking lots. 15. Require Mr. Watson, Mrs. Moy or both to seal off the entrance to the basement ramp at the northwest corner of the building. This can be dOne by some sort of moveable screening whiP, is secure enough to keep juveniles from forcing it open. 16. Require Mr. Watson to provide the City of Mound with the name of the corporation, partnership or prorietorship that the youth center does business under. Require a copy of such d~uments to be turned over to the City of Mound so the City has a record of the company holding the licenses and special use permits. ~ ¢~~l~u~ PROPOSED CONDITIONS OF APPROVAL 1. Parking provided for 150 cars with expenses to be figured based on the Central Business District Assessment Formula. 2. Clientele will be based around~students at local Mound Schools (Ages 16-18). Dance hours will be: 7:30 P.M. to 10:30 P.M. Weekdays 7:30 P.M. to 11:O0 P.M. Weekends On-duty Police Patrol of the dance hall interior and exterior and they will remain on-duty for 'at least 45 minutes following each dance to insure no loitering takes place, d~ ~, ¥:~.1~.~.~_~_ ~ Payment for these Officers will be the responsibility of Mr. Watson. He will be required to pay the City in advance for each dance. No loitering signs to be posted outside the facility to be paid for by Mr. Watson. Require lighting in the following areas: a. At the current entrance to the arcade. b. Depending upon the recommendation of the City Engineer, install .adequate lighting in the 24 hour parking lot west of the "Youth Entertainment Center" This lighting should help illuminate some of the surrounding area of Lost Lake. 6. All coats and ou~erwear will be Checked at time of admittance. This also includes purses. 7. Customers are not allowed to re-enter the building after exitihg' without paying a second admission. 8. Dress code will be strictly enforced, restricting customers to school attire. Liquor or drugs are totally banned from the facility. Anyone caught with cont[aband will be banned from the facility and be subject to arrest and prosecution. 10. 11. 12. 13. Smoking will not be allowed in the building. Heating, air conditioning and noise control will be according to Code. There will be no open doors or windows. Occupany will be limited, per Fire Code, tO 240 persons. "FOOD": Upon approval from the City Council food served would consist of the following: Ice cream soda type drinks and pop. Microwave heated sandwiches (deli-express tYpe),frozen pizza and it would be served at the table, NOT TO BE CARRIED OUT OF THE BUILDING. Food preparation area will meet all requirements of Hennepin County and the City. The restaurant will meet all the Class I restaurant requirements of the Zoning Ordinance. 14. TRASH & LITTER: All food and drinks will be served in disposable containers. Ample disposal units will be placed around the facility for disposing of same. The facility will be responsible for picking up any litter outside ~') 23. 505 23.505.1 (5) No application of a property owner for an amendment to the text of the Ordinance or the zoning map shall be considered by the Planning Commission within the one-year period following a denial of such request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it. CONDITIONAL USE PERHITS Criteria-for Granting Conditional Use Permits In granting a conditional use~permit, the Mound City Council shall consider the advice and recommendations..~T the Planning Commission and ~he effect of the proposed use upon the health, safety, morals and general welfare o~ occupants of surrounding lands. Among other things, the City Council may make the following findings where applicable. (1). That the conditional use wil____l not b~e injurious to the use and enjoyment of other property in the immediate vicinity_for t~e purposes alread~ permitted, nor substantially diminish and impair property values within the immediate vicinity. (2) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. (3) That adequate utilities, access roads, drainage and other necessary fac.ilities have been or are being provided. (4) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. (5) That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of. these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. (6) (7) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. (8) The use is not in conflict with the policies plan of the City. (9) The use wilJ not c~aus? traffic hazard or'c0ngestion_~. (10) (11) E__x~s_ting uses adiacen~ wil~not be adversely affected because of cur- tailment of customer trade brought about by intrusion of noise, glare or general-unsightliness. The developer shall submit a time schedule for completion of the project. ,5'8. ol 23. 505.3 (12) The developer shall provide proof of ownership of the property to the Zoning Officer. Additional Conditions In permitting a new conditional use or the alteration of an existing con- ditional use, the City Council may impose, in addition to those standards- and requirements expressly specified by this Ordinance, additional conditions' which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. The conditions may include, but are not limited to the following: (1) Increasing the required ioW'size or yard dimension. (2) Limiting the height, size or location of buildings. (3) Controlling the location and number of vehicle access points. (4) Increasing the street width. (5) Increasing the number of required off-street parking spaces, (6) Limiting the number, size, location or lighting of.signs. (7) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. (8) Designating sites for open space, Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the City Council; time limits, review dates, and such other information as may be appropriate. Procedure (1) The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form, A site plan must be attached at a scale large enough for clarity showing the following information: a. Location and dimensions of: lot, building, driveways, and offstreet parking spaces. Distance between: building and front, side, and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. c. Location of: signs, easements, underground utilities, etc, Ch@pter 56 - P~rt II Page 2 Section 56.15 Arcade Licenses Subdivision 1. Definition. For the purpose of this section the term "arcade" shall mean any building, structure or tract of land which has as its principal use or activity the prgviding of any of the Dollowing or a~ combirmtion of any of the following abusements: %/1) Billiard, pool, foosball, air hockey, or pigeon hole tables (2) Pinball m_~ chine s (5) Shooting gallery machines '(4) Any other medhanical or electrical device which is designed to be played by a contestant or contestants and upon which the contestants receive a score or ra~ing based upon their perfo~- ~ce. 'Subdivision 2 ]._~en.~es hecuircd. ::o ::erson shall o~erate an arcade wdthout first paying a license fee and obtaining and having a cu~ent license as herein provided. The license required under this section shall be in addition to any license or licenses re~:uired {o be obtained for any of the amusements described in Subdivdsion i. Subdivision 3- Aoolication. Any person desiring to oI~rate an 'arcade or'to renew his license to conduct such activity shall file with the clerk an application on forms provided by the clerk for that The application form s]~ll contain the following, together with any other information which the manager ~my require: (1 (6) (7) ].:ame and address of applicant Address of the proposed arcade The name and address of all persons owning or b~ving an interest in the licensed premises. In the case of a corpora- tion this s'.',ail include the names and addresses cf t~he cfficers and directors of the corporation and al! shareholders '.'ho own alone or in conjunction with their spouse or children more t.han 10~ 'of the issued shares of corporate stock. If the licensed business is owned ba- a corporation, a copy of the certificate of incorporation, articles of dncorporation and by-laws of the corporation. The name and address of the mar~ger or managers who will super- vise the licensed activity. l.fnether any of the persons listed in-para~iraphs (!), (3), or (5) of this subdivision, have been en~-aged in tLe business cf operating an arcade in the last five )'ears. '.;lo, ether any of the persons listed ir, parae~-u-aphs (1), (5), or (5) of this subdivision ?>-ye been convicted of a crime or k=-ve P.~-d an application for an arcade license den~ed, revoked or suspended within the last five years. C -1 -76 Division 3 Cb~ter 36 - P~rt II P~9¢ 2a Subdivision 4. License Fees and L~cense Period. The license s'.,m!! be for the calendar year or rem_=ining portion thereof. ~ne license fee shall be $100.O0 for such period. The entire fee shall acccmpany the application and such fee sh~ll be ref,~n~ed only if the app!icaticn is w~thdrawn before council consideration of the application. Subdi¥~$i'On 5- Crantin~, of L~censes. (1) All applications for licenses shall be referred to the Chief of Police and to such other persons on the city staff as the city manager shall deem necessary for investigation and recom- mendation. The persons to whom an application has been referred shall make their report and recommendations in writing. Upon receipt of the written reports and recommendations, the city manager shall cause to be pub%ished in the official news- paper, at least 10 days in advance, a notice of public hearing to be held by the city council setting forth the day, time and place when the hearing will be held, the name of the applicant and the location where the business is to be conducted° The application together with the city manager's recommendation shall be submitted to the city council at the hearing. After the hearing the council ~ay grant or deny the license. In ~an~ing the license, the council'~ay ~mpose special conditions if it deems such conditions to be necessar~j because, of parti- cular circunstances related to the application. Subdivision 6. Ineligibility for license. Existence of any of the following conditions shall render the applicant ineligible for a license. (1) If either the applicant or the manager .of the !icensed"business iS: (a) under ]8'years of a~ (b) an alien (e) a foreign corporation (2) If the applicant, m=-nager, or persons owning the ]icenscd activity: (a) is not a person of good moral c~.mracter and repute (b) has been convicted of an offense x..'hich reiate.~ to the conduct of the licensed business (c) has operated a similar business elsewhere which operation did not substantially comply with the .nrovisions of this sec.tion, relating to the mznner in which the business is conducted, C-1 -76 D~vision 3 Chsoter 36 - Pert II PaDe 2b (d) has been denied a license to conduct a like or similar activity or has had such license suspended, revoked or canceled. (5) 'If the mnnager supervising the licensed activity is not a resident of the Cit~' of ]~ound. (Ord. 348 - 2/18/76) PART III 7U~SEI,~NT DEVICES SECTION 36.20 Amusement Device Defined. An amusement device is hereby defined as any m~chine which upon the insertion'of a cofn~ tchen or slug operates or may be operated by the oublic generally for entertains, chi or amusement~ which emits music or noise or ~ich disol~ys motien pictures. C-1 -76 INTEROFFICE MEMO Police Chief; Bruce Wold Investigator; ¥1|lliam Hudson SOBJECT: Backround Investigation on Howard Hopkins Thompson Jr. DATE December 7, Acting on your orders, I compiled the following arrest and conviction data on Howard Thompson Jr. The arrest data is a matter of public record obtained from Hennepin County Court records. A. Felony Convictions 1. Burglary - City Of Minnetonka - 1/11/78 2. Served above sentence on Operation DeNova and had charge dismissed upon completion of the program. B. Misdemeanor Convictions Da t e 1. Possession Of Marajuana 2. Disorderly Conduct 3. Damage To Proper~y 4. Possession Of Marajuana 04/18/82 10/14/81 10/14/81- 09/20/80 C. Moving Traffic Violations 1. Speed 2. Fail To Stop For Stop Sign 3. Speed 4. Drivers License Violation 5. Speed 6. Expired License Plates 7. Equipment Violation 8, Uncoded Moving Violation 9. Speed 10. Uncoded Moving Violation 11. Equipment Violation 12. Warrant - Parking' 13. Registration Violation 14. Uncoded Moving Violation 15, Speed 08/21/82 08/01/82 06/29/82. 05/22/82 04/18/82 04/18/82 04/18/82 11/21/81 09/12/81 09/12/81 09/12/81 09/20/80 09/20/80 09/20/80 05/20/80 D. Hennepin County Warrants 1. Active Bench Warrant for Speed 2. Arrested on numerous warrants in the past. Mr. Thompson's past employment includes work with an arcade in Minnetonka which is no longer in business. It is unknown whether or not Mr. Thompson was a manager in the company. However, we have information that he had a large enough interest in the business to supply electronic games for the arcade. Division 3 Chapter 36 - Part II Page 2 Section ~6.15 Arcade Licenses Subdivision 1. De£inition. For the purpose of this section the term "arcade" shall mean-any building, structure or tract of land ~.hich has as its..principal use or activity the pro. viding of any o£ the £°ollo~-ing cr an), combir,~tion of any of the following a'musements: (1) Billiard, pool, foosball, air hockey or pigeon hole tables (2) Pinball machines (3) Shooting m-allery machines (4) 3.ny other mechanical or electrical device which is desto-ned to be played by a contestant or contestants and upon ~:hich the contestants receive a score or rating based upon their perform- · . ~nce. 5ubii','io-~on 2. Licenses P. ecuire6. Xo u:orson zhail c~ezmte ~rc~.de without £irst ~ving a license fee a:'~d obtaining an6 h.:-¢5n.~ current license as herein prov5ded. The 3-;cerise r~quire~ uu5er this section shall be in addition to any license or licenses revuire6 obt.~ined for any of the amusements described in Subdiv5.~io;: !. Sub.45vision 3- A.oolication. ~.ny person desiring .to o~,rato ~-rc.~de or to renew his license to conduct such'activity shall fi'-,e ~:ith t'.'-.e.;clerk ~n application on forms provided by the c~erk for that The application form s~ll contain the following, together ~'ith ~n? oil,er. · i)3£orm.~t~on ~'hich the m=_rmEer ~.my require: (l) ];.'-~.'..e and addre_ss of applicant (2) Address of the proposed arcade '. [=)~ The na~ and address of all persons owning or ~_~vinr 5nterest in the l~censed premises', in' the case of a corpora- tion this shell include the ~*.am~s ~nd ~fldre;ses cf s:,~ ~irectors of the corporation and a~! shareholders alone or in conj~ction ~.ilh their spouse or c]~i.16ran l'O;J of the 5ssued shares of corporate stock. (~) If the licensed business is o~-ned b3- a corpo~tdon, a copy of the certdficate of 5ncorpo~tion, articles of dncorporztion and by-la~s of the corpo~tion. (5) The rm~ and address of the ~rm~r or ~nagers ~.ho ~-i!! super- vise the licensed activity. (6) ~&~ether any of the oersons listed in pzra~zphs (~), ~, or (5) of this subdivision, have been ended in .$ocratln~ an arcade in tbs ~ast five yezrs. ~) of this subdivision kmve been convicted of a crime cr h~ve ~md ~n ~oplication for an arcade license denied, revoked susoended ~.ithin the last five C -1 -76 ~lt~r2Eg. Articles of Incorporation, duly signed end acknowledged unda oath, have be~n ~led for record in the o~ice of the Secrtta~ of day ol ~=~ A.D. 19 02 fo~ th~ incorporation of und~ end in ,ccotdence with the provisions o~ ~innemt~ by IIw, as ~ecretafy Of ~llte of the ~tate of ~innelola { do hereby Ctrlify is * 1~gallV orgaflized Corp~et~n under the laws of this ~ate. %X/i~ncss my o~ficid! s~jna~urc hereunto su~- ~cunlo e~ix~d this ~~] day of ~c~ __. ~ the y~,r ol om Lord one thousand nln~ hundred end ~[~'~ OF ELEC?~IC L~G~? COMPANY ?he uhdersigned lncorporatora~ being natural persons of full age, in orae£ to form a corporation under ~inneaota Statutelt' Chapter 302A (hereinafter r~ferred to as the 'Act') hereby adopt the following Articles of Incorporations 1.1} ~he name of the corporation Shall be COmPAnY. °' ARTICLZ ~. ~.1) the corporation shall have general b~siness purposes in accordance with the Act. PO~RS 3ol) ~he corporation shall have all the ps.era 9ranted available under the Act. DURATION 4.I) {he duration of th~ corporation Shall be perpetual. A~TICLE 5. '~- 5.1) The registered office of the corporation shall be located at 5458 Auditors ~oad, ~ound, ~lnneaota. ~PTICLE 6, CAPITAL 6.1) Authorized Shares - ?he ~ggregste number of shares that the corpor~ion s~ll have the authority to issue ia twenty-thousand (20,000) abates. The ~oard of Directors shall have the authority tO Issue the shares and rights to shares in accordance with the Act. The shares shall be of the same class and series with equal righta and preferencea unlesa the eoard of Directors ' establish a separate cIass o~ series.' *.'. 6.2i Distr. ibution Of Classes/Series - The Board of '";,',,":Directors. shall have' (be"~ut~ority to.issue shares of a class or series to holder~ of shares ~f another class or aeries to effectuate share dividends, splits, or Conversion of its outstanding shares. 6.3) ~otin9 RiGhts - Each share of the corporation shall be entitled to one (1) vote Unless otherwise provided in the terms of the share. Cumulative voting for melnbers of the Board of Directors shall not exist. 6.4) p~eemPtive Rlqhta - The shareholders of the corpora- tion shall have pree~nptive 2N~OAPO~ATOR~ ?.1) The name and address of the persons acting ss ~.;. Incorporators of this corporation are as follows~ ~oward R. ~hompson, ~r. T.L. Watson 2211 Black Oak Drive 3013 Bluffs Drive Minnetonka, Minnesota Mound, Minnesota PTICLE ~R~C?ORS **~-.i i! 8.1) ~i~st Roard of ~irectors - ?he names and addresses of the m~bers of the first ~oa~d of Directors, who shell serve ~he~first ~eeting of.the shareholders and until their successors : shall be elected end qualified are as follows~ Roward B. Thompuo'n, ~r. T. 5. Watson 2211 Black Oak Drive 301~ Bluffs Drive ~lnnetonka, ~Innesota ~ound, Hionesots 8.2) ~ylavs - The Board of Directors shall have tbs au- thority to adopt, 'amend, or ropeal the Bylaws of this corpo~ation sub~ect to the poker of the shareholders to adopt, ame~d~ or repeal such Bylaws. A~TIC~B 9. VOLUNTARY TRANSFER OF CORPORATE ASSETS/MERGER OR EXCRANCE 9.1) Shareholder Vot6 ~e~u~rement - Fifty-one percent (51%) of all aharehol~ers-~f~ted to vote at any duly constituted meeting of the ~hareholders shall have the po~er to authorize the Board of Directors (1) to sell~ lease~ exchange or otherwise dispose -2- and for such consideration as c or fl) to ado~ ...... the ~oard of o~d~lone g .,~gec of ex~haflqe. An?TCL~ JO. lO.l) ~h~rcholder Va " (52~) of ~ll eh ...... '~ .... ~e~ulremen, repeal ..~ ;:~.fF~re~ders sh~l hay .... ac a~y duly Conat~tu ~' ~czc4ee of Zncor ' · the DOver to am ted Prescrl..ed b,, --- · _ Poro~lon to -~ ..... end, alter or · · ateon# ~nco~por4tor ~ ~he ~bove document was acknowledged before me this day of~/~.~ 1982, by Howard ~. ~ompson, "STATE ................ "2.. O~PARTMEN! OF -3- Division 3 Chapter 36 - Part II Subdivision .4. License Fees and License Period. The license s}~!! be for the calendar year or remaining portion %hereof. ~ne license fee sh~ll be $.100.O0 for such pe_riod. The entire fee ab_ail accompany the apolication and such fee s.hall be tern_nde8 only, if the app!icat-2cn is ~'~t~.d~a'.-n before council consideration of t'.,'~e application. (1) All applications for licenses shall be referred to the Chief of Police and to such other persons on the city staff as the city manager shall deem necessary for investigation and recom- mendation. The pers6ns to whom an application has been referred shall make their report and reco~umendations in writing. Upon receipt of the written reports and recommendations, the city manager shall cause to be published in the official news- paper, at least 10 days in advance, a notice of public hearing to be held by' the city council setting forth the day, ti~ and place when the hearing will be held, the name 'of the applicant' and the location where the business is to be conducted. The aPplication toge.ther with the city' .manager's recommendation shall be submitted to the city council at the hearing. 'After the h.earing the council may grant or deny the license. In granting the license, the council'm=y impose special conditions 'if it deems such conditions to be necessary, because of ~.-~rti- cular circumstances related to the application. Subdivision 6. ~neli~ibility for license. Existence of any of the ~following conditions shall render the applicant ineliEible for a license.. (1) If either the applicant or the manager of the licensed'business is: (a) under 18 years of ag~ (b) an alien (c) a foreign corporation If the applicant~ =ana~er~ or pe.rson.s ownin~ the ]icenscd activ~ t~: has been convictcd of an offense which relates to %he conduct of the licensed business (c) has operated a similar business elsewhere which opera~ion did not substantially comply with the provisions of this section relatin~ to the msnner in %:hich the business ~s conducted. C-1 -76 5341 MAYWOOD ROAD CIT¥ MOUND (612) 472-1155 TO: FROM: DATE: SUBJECT: Jon Elam, City Manager Jan Bertrand, Building Official January 25, 1983 "Youth. Entertainment Center" After reviewing the City Council Agenda pertaining to Tom Watson's arcade, I would like to convey some of my concerns regarding his business operation. Possibly Mr. Watson has taken on more than he intended. He is his own general contractor and at the time he started the remodel- ing of the building, I told him it required an architect and/or engineer design. I mentioned that changing the use of the building from storage garage to assembly use also required other changes that he may not have anticipated such as insulation, ventilation, exit lighting and additional doors. I have told Mr. Watson previ- ously that a certificate of occupancy for his building can not be issued until the life safety and health code items are completed. His subcontractors, one of which has told me he can not complete the job until he is paid in full, and the other pulled off the job. I hope I can avoid any further difficulty by bringing this · matter to your immediate attention. In all future dealings with Mound residents, I will require the property owner or a competent contractor to obtain all building permits. I feel it may help alleviate any possible misunderstand- ings. The first permit for Mr. Watson's arcade was with Meyer Construction, who later told me they pulled off the job. When additional repairs were made beyond the scope of the first permit, Mr. Watson obtained the second permit, but the architect withdrew his authorization of the plans for a short period of time, but has not been consulted during various other remodeling changes such as coat check room and handicap ramp. Mr. Watson asked me to approve the ramp before carpeting. The inspection of the ramp found it needed to be corrected. If his architect had been consulted, he would have known he needed the ramp to begin with. I am an inspec- tor not a designer. Jan Bertrand JB/ms 14/83 Jan. 21, 1983 Mound City Council Mound, ~ 55364 Attn: Mr. Elam, Manager Gentlemen: As a resident of Mound and living near the Arc~de on Auditor's Road I surely hope the Council will veto granting further concessions to it's owner. We have enough problems now. I always thought the nearby city parking lot, which I can observe in its entirety from my dining room window, was to be used for customer park- ing while they shop in-Mound. If I were a shopper, I would never park my car there. I see how kids race and spin their cars around raising clouds of dust so that I must closemy windows. They also park their cars with radios blasting which creates a noise problem. We are told to call the police when a problem arises but I would think they have enough to do without these calls plus having to come at night w~ih flashlights looking for hidden items that might be transported by boat. I realize there are good kids using the Arcade but it attracts the undesirables because of it's location and thus creates the problems. Yours very truly, H. S. Miller 2360 Commerce Blvd. ~%und, ~ 55364 SHAR-LYN BEAUTY SPOT 5575 Shoreline Blvd. Mound, Minnesota 55364 January 21, 1983 City of Mound 5341 Maywood Road Mound, Minnesota 55364 To: Mr. John Elam, City Manager Mr. Bob Polston, Mayor Mound City Council This letter is in response to the notice published in the Laker for the conditional use permit of the young adult entertainment center/arcade to be amended to include a Class 1 restaurant and a dance hall. We have a business at 5575 Shoreline Blvd. at the back of the building. One of our main objections is the parking situation. With approximately 6 or 7 businesses using that parking lot and the 24-hour parking lot for employees and customers, it would be too crowded. We have customers coming in, in the morning and afternoon, complaining there is no room to park and that they are afraid to park especially behind Ms. Print because the kids hang around the cars and some have made verbal comments to them. They will not park in the 24-hour lot for the same reason, also because of the way the kids drive into the lot and park their cars, and walking to the parking lot could be hazardous. If there is no room for our customers to park, let alone the employees and customers of the other businesses, where are the cars of these young adults going to park? 'Why is it that a business like the drugstore is discouraged from expand- ing because the city has said they do not have enough parking, yet this is being considered in a crowded area? Another factor is the litter we find every morning when we walk to work, some of which is unmentionable. Paper litter, broken glass (the larger pieces from beer bottles), empty beer cans, empty whisky bottles have been picked up and thrown in the garbage so our customers do not have to see it while walking to our business. The street sweeper does not come that often to clean the parking lot. Before the arcade/center, we did not have this problem. Also we would like to mention that where we live at 2360 Commerce Blvd. (Netka's Apartment), we have a beautiful patio and lawn for the resi- dents. You would think we could use it, but last summer with the loud noises, kids driving through the gravel-and-rock 24-hour parking lot to see who could raise the largest dust cloud, and the youth coming onto the lawn and sitting down to talk, we had to enjoy the out-of-doors through the living room window or go to some public park because we couldn't enjoy our own back yard. City of Mound Page 2 January 2~, 1983 We do feel that some place is needed for the youth of the community, but this is not a desirable location. Perhaps with a different loca- tion and by complying with all the stipulations of a special permit and much more patrolling, the youth could have such a place. Sincerely, Sharon Thiesfeld Lynda Stahlke . December 3, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY CLERK RE: ARCADE - AMENDMENT TO CONDITIONAL USE PERMIT Attached is a memo from the Police Chief regarding possible violations of the Conditional Use Permit granted to Tom Watson for the Arcade. Also attached is a letter written to Mr. WatsOn after conferring with the City Attorney, dim Larson. Mr. Watson came in on December 2nd and I explained to him that his Conditional Use Permit only covered the operation of. an arcade and if he wanted this Conditional Use Permit amended tO cover a restaurant or dance hall he would have to acquire the approval of the Planning Commission and the City Council. Attached is a copy of the letter and drawing that Mr. Watson gave the Council in October when the Council approved the proposed expansion and extended hours. I have also enclosed a copy of the plan Mr. Watson submitted for the building permit. According to. the Building Inspector,. the'Police Chief and the plan submitted, the area of expansion is considerably larger than the drawing submitted in October. The expansion was also much more costly than the amount Mr. Watson claimed on his Building Permit.. Mr. Watson has spoken with the Building Inspector and agreed to get his figures together and come in and straighten out the additional Building Permit fee. Also note in Bruce's memo and letter that a Mr. Howard Thompson appears to have an i.nvestment in the Mound Arcade and this is in violation of Chapter 36, Section 36.15, Subdivision 3, Subsection (3) and Subdivision 5 which requires that the names and addresses of all persons owning or having an interest in a licensed premises record their names with the Police Chief so background checks can be conducted. Today, Mr. Watson came in and applied for an amendment to his Conditional Use Permit adding a restaurant license and a dance hall permit. He would like to be able to serve ice cream and ice cream drinks and allow dancing. We have advised Mr. Watson to get the appropriate approval of the Hennepin County Health Dept. for this restaurant operation and he is working with them now. He has also added Mr. Howard Thompson's name on his application. At this point it is up to the Council to either grant approval of this amendment to Mr. Watson's Conditional Use Permit or refer the amendment to the Planning Commission for their review and recommendations. According to the Zoning Ordinance, Section 23.505.3, Sub. (6) "An amended ' Page 2 Arcade December 3, 1982 Conditional Use 'Permit shall be administered in a manner similar to that required for a new Conditional Use Permit. Amended Conditional Use Permits shall include requests Or changes in conditions and as otherwise described in this ordinance." This, as I see it,'means that he shoUld appea'r before the Planning Commission' first with this request so that they can'review this"amendment"~nd.give their .recommendations to the City Council. I. have checkedlwith.the Building 'Inspector and Mr. Watson could be put on the Planning Commission.'Agenda for December 13th and could conceivably be back ~n the Council Agenda December 14th. Mr. Watson knows about the Planning Commission's timetable. fc RECEiVED'DEC COMMUNITY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH MANAGEMENT GROUP Suites 202-206 32 Tenth Avenue South Hopkins, Minnesota 55343 -- Tom Watson and Howard Thompson, Jr. c/o Electric Light Company 5558 Auditor's Road Mound, Minn. 55364 December 2, 1982 Gentlemen: I have reviewed' the plan that you submitted and discussed with me today for a food service operation at the Electric Light Company in Mound. Equipment and facilities must meet the requirements of the Hennepin County Food Protection Ordinance. The following conditions must be provided to meet these requirements. 1. Floors in'the food service bar, toilets and janitors mop sink area must be smooth, easily cleanable and resistent to wear and abuse and be surfaced with materials suCh as quarry tile, ceramic tile or terazzo. 2. Walls in the toilet subject to abuse from splash such as behind the hand -lavatories, urinal and'water closets must be covered with materials such as ceramic tile or fiber glass sheeting from the floor.to a five foot level to'.make them smooth, cleanable and resistent to wear. Simil.arly, the wall(.s) adjacent to the janitor sink should also be protected. 3. Equipment necessary for the proposed sale of 'soft drinks, nachos, prepared sandwiches and dipped ice cream include the following items: a. Ice making machine. b. Three compartment sink with two drainboards, dump sink and ice bin. c. Ic~ cream freezer. d. Approved refrigerator for sandwiches. e. Approved microwave oven. f. Storage cabinet with all surfaces covered with plastic laminate. g. Approved metal rack for storage of CO2 cylinders and soft drink canisters off the floor. h. A janit6rs sink for drawing and dispo~i.ng of water for routine cleaning. i. Hot and cold running water and pro~e-rt~ plumbed waste drains at each sink. All equipment must meet the requirements of the National Sanitation Foundation Standards. Please submit a complete list of equipment and materials HENNEPIN COUNTY an equal opportunity e'mploy~r Letter to : Tom Watson and Howard Thompson, Jr. 'Page Two to be used and a detailed lay out with plumbing ~nd electrical specifications. If you have any questions please'contact me at 935-1544. Sincerely, cc rhc Roger H. CarlSon Senior Environmentalist Jan Bertrand, Building Official, City of Mound INTEROFFICE MEMO FROM: SUBJECT: Jon Elam, City b~nager Chief Bruce Wold Mound Arcade DATE December 1, Last week I shared, with you information that tended to show Mr. Tom Watson was planning to open a juvenile night club as part of his arcade expansion. On Tuesday, ~yor Elect,' Bob Polston, told me he had ~heard rumors that Mr. Watson was constructing a stage inside the expanded area of the arcade. I stopped at the Mound Arcade in the late afternoon on Tuesday. Mr. Watson was in and showed me around the new expansion. Mr. Watson also introduced me to a ~r. Thompson who appears to have a financial interest in the arcade. The expansion is a large room '(approximately 3,000 sq. ft) which dwarfs the current arcade (approximately 350 sq. ft). Plans submitted to the City early in November, show a large open room, devoid of fixtures, with the name '~qew Youth Center/Dance Hall." Construction on the expansion is well under way with sheet rock in place and joists in position which tend to show that'part of the floor will be raised above the existing slab. This area bears a strong resemblance to a stage and could be the source of the rumor. Mr. Watson and ~{r_. Thompson both told me that the raised portion would be a platform for more games of Skill. Both men assured me that none of their plans call for live entertainment. Mr. Watson pointed to what appeared' to be a counter on the drawing of the expansion. An agreement has been reached with D'vinci's to supply pizza and- the counter would be the dispensing point. The .plar~ also call fora dance floor with tables arranged around the dance floor'in a night club' fashion. The music .for dancing is to come from an electronic source. I informed both men that some of their plans may be against City ordinances' unless proper permits and licenses were obtained. I put both men on notice that if Council approval was required for any of the attractions they planned, that they would have to appear before the Council in short order. ~F intention in doing this Was to keep the men from making a large investment in the expansion and using the invested monies as a lever against the City to force issuance of licenses the City might not otherwise grant. Mr. Thompson made a statement about having $50,000 comuitted to the project. I told ~,~r. Watson I would review the ordinmnces I thought applied to the arcade and give him additional information on Wednesday, December 1, 1982. ' The review of the ordinances revealed the following possible violations: 1. Chpt. 36 - 36.15 subd 3 (3) Arcade Ordinance Names and addresses of all persons owning or having an interest in the licensed premises. We have no record of ~tr. Thompson as an owner or investor. Chpt. 37-37.10 Part B Public Eating Houses That all restaurants, cafes, and public eating houses shall secure a license to operate from the Village .... I believe there is also a County license requirement. Jon Elam 12-01-82 Page 2 Chpt. 58 ~ 58.20 Dance Permits Required This one is open to a question of interpretation on what constitutes admission as defined in 38.15 Zoning Ordinance - Permitted uses in Central Business District (B-l) 25.625.2 This section permits the establishment of Class I restaurant which has food service to rented patrons. ~r. Watson's food dispensing seems to fall into Class II restaurant definition. I spoke to Building Inspector, Jan Bertrand about the plan I saw at the arcade. Ms. Bertrand was concerned that the plan I described went well beyond the scope of the building permit issued. Ms. 'Bertrand ordered the reconstruction supervisor to submit a revised plan and permit or face a shut down on Thursday, December 2, 1982. Ve~/~-uly yours, Chief Bruce .Wold Mound Police Dept. CC: City Council Jan Bertrand City Attorney CITY of. MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 December 1, 1982 Mr. Tom Watson Mound Arcade '5558 Auditors Rd. Mound, Mn. 55364 -Dear Tom: ". On November 30, 198~ Ih ad a chance to visit the arcade and .see .the. new expansion. My'concern at the time I reviewed the plans for the expansion was that you WOuld b~ violation of City ordinances and your conditioml use permit by operating ag..the plan displayed. A-review of City ordinances reveals the following possible ordinance violations: 1. Chpt. 37 '37.10 Part B - Public Eating Places That all restaurants, Cafes, 'and Public Eating Places shall secure a iicense to operate from the Villiage .... Hennepin County had additional license requirements you must meet. 2.' 'Chpt. 38 - 58.20 Dance Hall Permits Permits are required from.the City to operate a public dancehall. 3~ Zoning Ordinance - Permitted uses in a Central Business District 23.625.02. This section permits the establishment of Class I restaurants which have food service to seated patrons. Your food dispensing seems to fall into Class II Restaurant definition. AdditionallY,..Mr. Thompson appears to have a significant.cash investment the Mound Arcade. By Mr. Thompson's own admission, he has or will invest $50,000 in the new expansion. This is in violation of Chpt.'36-36.15 subd 3 (3) of the City of MoundArcade Ordinance. This ordinance requires that the names and addresses of all persons owning or having an interest in the licensed premises record their names with the police chief so background checks can be conducted. Finally, your conditional use permit requires you to operate an arcade' only. Based on the conditions of your permit, the City Attorney has ordered me to have you cease and desist from any variation from your conditional use permit. Any further alterations performed to the Mound Arcade which are designed for purposes othe~ than facilitating the playing of games of skill are outside the scope of your conditional use permit and must cease until the Mound City Council approves a new conditional use permit. Mr. Tom Watson 12-01-82 Page 2 Tom, I regret having zo bring you this news. I hope you will make the necessary arrangements to appear before .the Council and meet other ordinance requirements so you can continue in business. Very truly yours, -- Chief Bruce Wold~' Mound Police Department B~/sh /3:2_ 3.!0 October 12, 1982 Councilmember Swenson moved the following resolution. RESOLUTION NO. 82-277 RESOLUTION TO AMEND THE CONDITIONAL USE PERMIT GRANTED IN RESOLUTION #82-85 EXTENDING THE HOUR5 AS REQUESTED WHEREAS, "Tom Watson, owner of the Arcade located at 5458 Auditor's Road has requested an amendment be made to Resolution #82-85 (Conditional Use Permit) extending the hours of operation as follows: Currently the hours are: 2:30 P,M, to 9:00.P,M, - Sunday thru Friday 2:30 P.M. to 10:O0 P.M; - Saturday Requested change: 2:30 P.M. to 11:00 P.M. - Sunday thru Friday 11:00 A.M. to 12:O0 Midnight - Saturday WHEREAS, Mr. Watson has agreed that he will observe the Curfew hours for individuals under 16 years of age and will not allow them in his estab)ishment af'ter the curfew hour, and WHEREAS, Mr. Watson will also be extending his operation into an adjoining area. N'OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: The Council.does hereby amend Resoluti'on'#82-85 by granting the requested .change in hours as presented. A motion f. or the adoption of the foregoing resolution was duly seconded.by Councilmember Polston and upon vote being taken 'thereon;'~he following voted in favor thereof: Charon, Polston, Swenson, Ulrick and Lindlan; the'following voted against the same: none; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerkv' October 8, 19 82 Mound City Council Mound, Minnesota Dear Council Members, I would like this letter to serve as my request for an extension of my operating hours at the Mound Youth Center Ar- cade, located at 5458 Auditors Road, Mound, Mn. Operating hours at this time are set up for a 2:30 opening'on weekdays and 11:00 a.m. on Saturdays.~ Closing time is set up for.9:00 p.m. weekdays and 10:00 on Saturdays. My request for longer hours effects only the closing time. I would like my closing time moved to 11:00 p.m. on weekdays and 12:00 midnight Satur- days. .I feel this would reduce the problem of all the kids leaving at one time in large groups and ending up at either the S.A. Station or Tom Thumb due to the early closing'instead of going directly home. Longer hours will allow them to leave in smaller group-. Younger kids will not be allowed to stay after 9:00 weekdays and 10:00 Saturdays. I'm also at this time requesting the City Council Members to permit me to expand the Youth Center. A rough plan is att- ached with this letter. Thank you for your cooperation and consideration in my above request. Respectfully, TW/sla Enclosure Tom Watson Owner/Properitor PRESENT ARCADE PROPOSED EXPANSION /33- ' Augus.t 27, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Tom Watson Tomco, Inc. 5558 Auditor'.s Road Mound, MN. 55364 Dear Mr. Watson: I was shocked .today to discover that after all of our conversations about paying 1982's License fees and letters to you dated May 17, 1982, and July 16, 1982, that the required fee~ have not been paid. The Juke Box, Pool Table and Games of Skill L~censes expired April 30, 1982, thus making those fees four (4) months overdue and the Arcade License itself expired December 31,~ 1981, making it eight (8) months overdue. This situation cannot be tolerated .any further. If these fees are not paid by September 1, 1982, your Licenses will be.pulled and your ability to opera'te stopped. In the future, all License fees must be paid in advance. I am really embarrassed about this situation. It seems.to me that those critical of the Arcade could'jump on this to really come down on the City for issuing these Licenses. Since the Summer has.come to an end, I sould like this letter to serve as a Statement for the $25.00.per month cleaning cost the City incurred for June, July and August, a-total of $75.00. i believe this is per our agreement. I hope you understand my frustration with this si'tuatlon and can resolve it quickly. Sincerely, Jon Elam City Manager JE:fc cc: Bruce Wold, Police Chief CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 July 16, 1982 Mr. Tom Watson Tomco, Inc. 5558 Auditors Road. Mound, MN. 55364 Dear Tom: The licenses on your yOuth Center/Arcade are very delin- quent. We are well in~o the license year for the Arcade license and also for the Juke Box, Pool Table and Games of Skill licenses. We must have this matter'taken care of right away. Tom, I do not want to have to bring this matter up to the Council, especiallY in light of the applicat'ion for' another arcade. Sincerely, Jon Elam City Manager JE/ms % ..: ..~ .....'-;-..?~ . - :,. . .....~.~ .'. . . .'-. ~v..,'..~ '.,.i, · ,' -~ ..~. ' · -.~'.-... ,,;~ ,~ ~*~"~, '.:~; . :.'~,:~. ~ ~ ~'~ -~;. _2.-~ _. - ' - . ...... ~- '. ~OM~ ..... Tom W~so~ ..... . ............ - .... -.~, : ~.~,~,~..~' ~..~,~ '- ,' ,'~ .',~ --..~;. - . '"~ '. '~.~?~,~ ~.~ ""_ ~' :- "~.-'_ .~ ~' '_. ,~" b. ',~.~. ~ ',.'. ~ "; ?:' ~" ~'~", ~ ' ~' ; ,".:" · ' ~ ; .'... '~,-~ -~4'~'~'.~'-?~"t"'~.~'~. .~ :~'~ ~-P ...... · , ~.,,- .... Jul~ 6~ · 1982 ........ ~--,- -, .... -,., ....... ~...~- .'~ ~ ~,-. ,,.,.., .-~ ...... ,. ';~" '~' '-".~'~."-':, ~-'" =' .r.- ...... ..~..~-, ' . · .' -.--d?-~.-4.. - '-;:~::;k~.7 · %~.' . .;:.~-~ f~j . .... , ~, ,. - ~.~'-.' ~.. ' .... ~-'. :".' ~- -' .~'~. ~'z~ .','. ~' - ";; :-.~ 2~-~-~ :'~.~.'--.. . ...... 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''" "" ';ahy 'one-caught down' there will be delt.'~th'. -" ~J[' '" ': - severlyo : June 14, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Tom Watson 3013 Bluffs Drive Mound, MN. 55364 Dear Tom, This. is to put you on notice that the City has received a number'of complaints regarding the external problems related'to the Arcade.. These.include, excessive noise coming 'from the Arcade juke box .when the doors are open; bicycles laying all over the front road area; and perhaps worst of all complaints is an excessive level of trash causi:ng us to have tO ~ire a summer student to spend from one.to two'hours a day cleaning up the street area around the Arcade and the parking lot adjacent to it. If these problems continue, I do know'the issure will again come up at the City Council .and we may well have a repeat of last winter, especially in light of the ~onditions under which the Arcade was orlginally approved which seem to be not.being met as originally anticipated~ These include: Condition #2 - "Keep area around the building policed and a'll trash picked up, including the City parking lot to the South of the facility." Condition #3 - "Provide handicapped parking Space to the west side of Marion Street'and necessary bike racks in front of the building for.all Arcade users." Condition #4.-'Eontrol noise of'the Arcade portion of the buildi.ng." Condition #7 - "The Licensee will submit a report to. the City every three months outlining any'problems they are having with parking and Arcade operations." Condition #8 - "Owner will do everything within his power to prevent loitering around the outside of the buildi.ng and the parking area." It would appear that the area around the Arcade is fast becoming the central hangout in the City. People walking up Auditor's Road are often, verbally abused and generally the kids intimidate both old and young alike. The result is that a number of good kids, from our reports, are not going near the Arcade who might otherwise. The burden to prevent these kinds of situations rests, to a major extent, with you and when you see these kinds of problems, the Police need to be called so appropriate measures can be taken. Page 2 Mr. Tom Watson June 14, 1~82 We have also received' complaints from Mr; Kromer who rents the area below the Arcade, that kids are going down the ramp, .smoking and causing some vandalism. This is an issue you probably~should talk to Mrs. Moy or Mr. Kromer about. Finally, you should probably know that the City has received, what would appear to be, a fairly'serious inquiry'about'whether we would issue a license to someone to put in a family type arcade'where Branty's was. It would appear'these peop'le have ~eceived Mrs. Moy's encouragement. That would seem to be somewhat of a direct conflict with the Arcade but you~ probably should again check with Mrs. Moy regarding this development. As always; if '1 can'be of help,~please let me know. Si ncerely, ~i ~yE~~M~ aa~age r JE:fc en c. cc: Mrs. Moy CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1. 155 May 17, 1982 Mr. Tom Watson Tomco, Inc. 5558 Auditor's Road Mound, MN. 55364' Dear Mr. Watson:. In reviewing our license renewals, we find that the licenses on your Youth Center/Arcade are delinquent; The Juke Box, Po61 Table and Games of Skill Licenses expired April 30th.' These licenses run from May 1 of one year through April 30th of the next year. We will need to know total number of machines. The Arcade license also has expired. The Arcade license actually expired December 31 of last year. Since said license is not transferable to another location, the City . held off requiring a new license until after the public hearing on your new location. The license is for the calendar year or remaining portion thereof. We would appreciate your getting these license applications in as soon as 'possible so that we will not haye tO bring this matter back to the Council. If you have any question, please call. Sincerely, Marjorie Stutsman Licensing Department Encl. April 9, 1982 5341 MAYWOOD R©,'. MOUND MINNESOTA ~612) Mr. Tom Watson 3013 Bluffs Drive Mound, MN. 55364 Dear Tom, Just wanted to let you know officially that the City Council approved your Conditional Use Permit pending final inspection approval by the City Building Inspector. The original conditions of Resolution #81-338 have been included in this approval and I have enclosed Resolution #82-85 for your file. Thank you for your assistance in this matter, and I'm glad it ended happily for everyone. Sincerely, Jon Elam City Manager JE:fc enc. April 6, 1982 Councilmember Polston moved the following resolution. RESOLUTION NO. 82-85 RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR THE ARCADE AT 5558.AUDITOR'S ROAD - WITH THE STIPULATIONS STATED IN RESOLUTION #81-.338 - RENEWAL MAY 1, 1983 WHEREAS,. an application has been made to this Council, bY Tom Watson, 'for a Conditional Use Permit to.o~erate a Youth Center/Arcade at 5558 Auditor's Road (part of Lots 2 and 3, Auditor's Subd. #170 - PID #13-117-24 33 0005), and WHEREAS, the matter was reviewed by the Planning Commission which has recommended approval with conditions, and WHEREAS, pursuant to due and proper notice according to law and Chapter' 23 of the City Code, a public hearing was held by the City'. Council at the City Hall in the City of Mound on the 6th day of April, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: The application for a Conditional Use Permit to operate a Youth Center/Arcade at 5558 Auditor's Road is approved subject to the following conditions: !. Hours: 2:30 P.M. to 9:00 P.M. - Sunday thru Friday 2:30 P.M. to 10:00 P.M. - Saturday . 2. Keep area around the building policed and all trash picked up, including the City parking lot to the South of the facility. 3. Provide handicapped parking space to the ~est side of Marion Street and necessary bike racks in front of the building. for all Arcade users. 4. Control noise of the Arcade portion of the building. 5. There will be an adult supervisor on the premises at all · ' times the Arcade is open.. 6. License fees will be paid on all video machines,, pool tables, etc. These license fees shall be renewed on May 1 or each year. The City Police will be responsible for conducting quarterly inspections of the premises to insure all machines are licensed and the facility is clean and well maintained. 7. The Licensee will submlt'a report to the City every three months outlining any problems they are having with parking and Arcade operations. The City will also keep a log of all complaints and ask the Arcade owner to respond to each to the best of his ability. 8. Owner will do everything within his power to prevent loitering around the outside of the building and the parking area. This Conditional Use Permit shall be renewed on May 1 of each year after review by the City Council. This permit is granted pending final inspection of the site by the City Building Inspector and her approval. ' ~8 April 6,' 1982 A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon; the following voted in favor thereof: Charon, Polston, Swenson, Ulrick and Lindlan; the following voted a§ainst the same: none; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. May°~ ~ .... ~ 'Attest: City Clerk CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: DATE: SUBJECT: Jon Elam, City Manager Jan Bertrand, Buildi.ng Official April 6, 1982 5558 Auditor's Road - Arcade/Youth Center I have made an inspection at the Arcade site, 5558 Auditor's Road, today. The contractor is trying to complete all of the interior items listed on my pre-inspection report by the end of today. #3. #4. #5. #6. #7. The exterior landing at the doors will be corrected as the weather will allow. Exit door is completed. Extinguisher will be placed today. Electric circuit repair is complete. Bathroom fixtures are set, walls are framed, floor and' wall surface remain to be finished to code; the exhaust fans are installed. Painting and carpet are complete in public areas. The door opening to garage is closed off with one hour rated construction. I would recommend the approval of the Conditional Use Permit for Mr. Tom Watson at 5558 Auditor's Road with a reviewal date to be consistent with his Arcade/Machine Licenses of May 1, 1983; and that he obtain Arcade/ Machine Licenses for his new location as required by City Code which states, Section 36.02, "No such license shall be transferred to any other game, de- vice, or location than that for which originally issued." and Section 36.15, Subdivision 4, "The entire fee shall accompany the application and such fee shall be refunded only if the application is withdrawn before Council con- sideration of the application". Mr. Watson has been out-of-town for the last two weeks. I would request that the City Council approve his Arcade/Machine Licenses at this time with the prope.r papers and fees to be filed with the City Clerk. Jan Bertrand JB/ms CITY of MOUND MOUND, MINNESOTA 55364 (612) 472-1155 March 31, 1982 TO: FROM: CITY COUNCIL JON ELAM, CITY MANAGER Tonight is the evening for the consideration and public hearing on the Conditional Use Permit for Mr. Tom Watson, who is relocating his Arcade from the building at 5571 Auditor's Road to what was the Ms. Print shop behind the House of Moy at 5558 Auditor's Road. The procedures used to implement this Conditional Use Permit versus the previous one are significantly different (which shows I am learning). First, we inspected the proposed site and drew up a list of what needed to be done in the building. Next, Mr. Watson agreed to these points and Moy's contracted for the work to be done. He got all building permits, and regular inspections have .been undertaken, whic'h"~ontinually has recon- firmed.Moy's and Watson's intent to comply with all City Codes. On March 29th the Planning Commission unanimously approved the Conditional Use Permit. With a better location, improved facilities and correct zoning, I really think we have a good proposal that will really be a credit to the city. Thus, I recommend Council approval. JE:fc CITY OF MOUND Mound, Minnesota Planning Commission Agenda of March 29, 1982: Board of Appeals Case 82-106 5558 Auditor's Road Part of House of Moy '5555 Shoreline Drive Conditional Use Permit B-1 Zoning District Legal Description - Plat 61290 Parcel 0500; Lot 2 & W. 45' front'& rear of Lot 3, Auditor's Subd. 170 Applicant: Tom Watson 3013 Bluffs Drive Phone: 472-3440 Pursuant to the. B-! zoning district requirements, a commercial recreation business is permitted by a conditional use. Mr. Tom Watson received conditional permission to operate an arcade across the street until the building inspector could review the applicant's building. A letter from Jon Elam is attached to explain the history of 5571 Auditor's Road. The City Council on March 9, 1982 revoked his license to operate. The building owner, Mr. Nolan, did not want to improve the building. Now, Mr. Watson is requesting to relocate the Arcade to 5558 Auditor's Road. The City.Council, Mr. Watson and Mr. & Mrs. Moy were given a copy of the Inspection Report for this new location. Work has commenced and permits have been issued to improve the property and allow Mr. Watson occupancy of the building by the April 6, 1982 City Council meeting. The law does not allow a conditional use to be transferred to another location, so Mr. Watson had to reapply, and another public hearing had to be published and notices mailed to property owners within 350 feet. I did not require the usual site plan for this location, due to the fact that this rental area is a small portion of a building used mainly for permitted uses of the B-1 zoning district. Recommend: A motion to approve the Conditional Use with the stipulation that the i. tems listed in the Inspection Report be completed. Refer to City Council for Public Hearing - April 6, 1982. Jan Bertrand Building Official JB/ms March 5, 1982 Mr. Tom Watson 2236 Commerce Boulevard Mound, MN. 55363 RE: 5558 Auditor's Road - InsPection Report Dear Mr. Watson: The following items would be required to operate your Arcade at the new location: 1. Landing at rear door. '2. Place 3 foot exit door more than 1/2 distance from rear entry. 3. Place ABC#2A size extinguisher and wall mount. 4. Remove one electric circuit and cap as I pointed out during the inspection. 5. Provide two (2) bathrooms - to minimum code 6. Redecorate 7. Concrete block up rear door to garage or replace with one hour rated door, frame, threshold, self-closing device. If I can be of any further assistance, please contact me. Sincerely, J~an Bertrand ' Building Official JB/ms cc: Jon Elam, City Manager 24/82 March 3, 1982 Mr. Tom Watson 3005 Bluffs Drive Mound, MN. 55364 Dear Mr. Watson: RE: SPECIAL USE PERMIT On Tuesday evening, March 2, 1982, the Mound City Council voted to immediately suspend your Special Use Permit and ordered a due process hearing regarding permanent revocation, of the Special Use Permit. That means that The Arcade is ordered closed effective today~ March 3~ 1.982, and until such time as the City Council votes to reinstate the Special Use Permit. Failure to close, as directed by the City Council, will result in legal actions being taken. The reason for the immediate closing is that the Special Use Permit conditions have not been met and that it has been further reported that although the rear door has been unbarred, the door swings in rather than out, and that outside that exit there are pipes, a ladder and a pipe rack obstructing the door and that there is wiring strung under the door to the inside. All of which create -a hazard to the public health, safety and general welfare. As soon as these items are cleared up and the items listed in Council Resolution #82-16 '(enclosed) are completed, it is the intention of the Council to again consider allowing the reopening of The Arcade for the remainder of the time covered in the Special Use Permit. If you have any questions on this, please get in touch with the City BUilding Inspector and review the requirements and the procedures for securing the necessary building permit. Sincerely, City Manager JE:fc enc. cc: Bruce Wold, Police Chief /,_¥o M~trch 2, 19q2 Councilmember Ulrick moved the following resolution. WHEREAS, WHEREAS, WHEREAS, RESOLUTION NO. R2-58 A RESOLUTION DIRECTING A TEMPORARY SUSPENSION OF TOM WATSON'S SPECIAL USE PERMIT AND ORDERING A DUE PROCESS HEARING TO PERMANENTLY REVOKE THE SPECIAL USE PERMIT this City Council did on January 12, 1982 adopt Resolution No~ 82-16 issuing a Special Use Permit to Mr. Tom Watson to operate an arcade subject to the applicant completing certain work and meeting certain conditions by March 1, 1982, and the Building Inspector has submitted written reports to this Council dated February 19 and March 2, 1982 indicating that the conditions have not been met and further reporting that the rear door has been unbarred but that the door swings in rather than out and that outside the second exit there are pipes, a ladder and a pipe rack obstructing the door and that there is wiring strung under the door to the inside, all of which create a hazard to the public health, safety and general welfare, and paragraph 3 of Resolution No. 82-16 provides that if the applicant is not in compliance with the conditions by March 1, 1982 "this Council will immediately commence proceedings to revoke the licenses and Special Use Permit". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: 1. The licenses and Special Use Permit granted to Tom Watson by Resolution No. 82-16 on January 12, 1982 are hereby temporarily suspended as of this date because of the fire and safety hazards pointed out by the Building Inspector in her reports of February 19 and March 2, 1982. The Bdilding Inspector shall so notify Mr. Watson of this suspension on March 3, 1982. 2. The City Manager shall give notice to Mr. Tom Watson that his licenses and Special Use Permit will be permanently revoked unless the applicant (Tom Watson) can show cause before this Council why the conditions contained in Resolution No. 82-16 have not been met and further that all safety and fire hazards have been corrected. Said hearing shall be held April 6, 1982 at 7:30 P.M. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Charon and upon voted being taken thereon; the following voted in favor thereof: Charon, Polston, Ulrick and Lindlan; the following voted against the same: Swenson; whereupon said resolution was delcared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Attest: City Clerk CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: SUBJECT: DATE: ~on Elam, City Manager Jan Bertrand, Building Official Arcade License and Structure at 557l Auditor's Road March 2, 1982 I am attaching a copy of my letter to you dated January 8, 1982 in which I stated my conversation with Mr. Tom Watson of the Arcade, regarding plans to improve the building which he is presently renting. Since that time, I have had an opportunity to inspect the portion of the building occupied by Mr. Tom Rockvam. Mr. Rockvam's operation is a dock building and sales office. I was told he only had a sales office at that location. He does use the overhead garage to bring in vehicles; he does welding and sawing of lumber. ! must classify the use of his portion of the building as H-3 occupancy use. The resolution passed by the Council on January 12, 1982, "Item 2a" requires "A one hour rated door, self-closing device, proper hardware and rated frame be installed in .the common wall" The only common wall found during my in- spection was a north/south wall separating the auto body shop next door from .the steel building owned by Mr. Nolan. Therefore, an occupancy separation is needed between Mr. Rockvam (H-3) and Mr. Watson (B-2) of an one-hour fire rating. I have explained to both Mr. Watson and Mr. Nolan's representative, Mr. Larry Weber, the proper method of construction of the wall. I have made an inspection of the property yesterday. Item 2a - nothing has been done. Item 2b -"Fire extinguishers shall be placed in each rental area" Mr. Rockvam has an old extinguisher with the pin pulled in a non-operable con- dition and Mr. Watson has an extinguisher of a 5B:C I size. Both extinguishers are not wall mounted and should be an ABC # 2A size or as the Fire Inspector shall specify. The former Laker Office is vacant at the present time with no fire extinguisher available. Item 2c -"Two useable exits to be provided for each rental area". The rear door from the Arcade has been unbarred and machines moved away, but the door swing is to the inside; it should swing-out in the direction of travel (over 10 occupants) and the outer side has pipes, ladder, and a pipe rack obstructing the door, also there is wiring strung under the door on the inside. Item 2d -"A one-hour fire rated separation be maintained between the boiler/heating/cooling equipment and the exit way in the upstairs with make-up outside air provided to the heating equipment". The doors to each side were locked, one gives access to the cooling equipment. The boiler room has no doors, the frames and hinges are not proper for a one Memorandum to: Jon Elam, City Manager Subject: Arcade License and Structure at 5571 Auditor's Road March 2, 19~2 - Page 2 hour separation; combustible storage is not allowed in the boiler area and must be removed. Item 2e -"Insure each rental area shall have accessibility to rest room facilities". At the Present time, the building has one men's and one women's rest room. Item 2f -"The walls between rental areas be finished with a minimum of 1/2 inch sheetrock and the installing of sound proofing, such as sound~board, insulation batts or equivalent". Nothing has been done with the proper construction of the wall' as stated in my explanation of Item 2a. Items 2g & h -"The building must meet energy code requirements for walls and ceilings and the heating zoned for reach rental area. Heat loss and energy calculations will be submitted at the time of completion." / "A'sur- vey of the property showing adjoining structures will. be required at the time it is remodeled and a building permit granted'l Items 2g and h of the resolution pose a problem to the present building owner. Mr. Larry Weber feels it is not Mr. Nolan's responsibility to meet these re- quirements as his tenant has not yet purchased the building from him as of February ], ]982. I have not been contacted by Mr. Watson or Mr. Weber in the last few weeks. No buildi'ng permit has been applied for or issued. Jan Bertrand Building Official JB/ms 22/82 379 October 13, 1981 Councilmember Charon moved the following resolution. RESOLUTION NO. 81-339 RESOLUTION TO APPROVE THE YOUTH CENTER/ARCADE LICENSE FOR 60 DAYS FROM THE DATE OF OPENING WHEREAS, a special use permit has been granted to Tom Watson for a Youth Center/Arcade at 5571 Auditor's Road for 60 days from the date of opening. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the City Council approves the issuance of a 60 day license for'a Yout~ Center/Arcade at 5571 Auditor's Road to Tom Watson. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon; the following voted in favor thereof: Charon and Swenson; the following voted against the same: Polston; with the following being absent: Ulr|ck and Lindlan; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. Attest~ Acting City Clerk January 12, 1982 Councilmember Ulrick moved the following resolution. RESOLUTION NO. B2-16 RESOLUTION TO APPROVE THE SPECIAL USE PERMIT FOR THE ARCADE (TOM WATSON) WITH STIPULATIONS WHEREAS, a Special Use Permit was granted to Tom Watson to operate an Arcade, and WHEREAS, at the time said Special Use Permit was granted a llst of conditions were imposed including a provision that the License be granted for only 60 days, and WHEREAS, the sixty days has passed and it appears that the operation of the Arcade is serving a community punpose by providing a healthful activity for the youth of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: 1.The Special Use Permit granted on October 13, 1981, is hereby extended for one year to January 1, 1983. 2. This permit is granted upon the condition.that all provisions contained in the original approval and in · Chapter 36 of the City Code relating to Arcade Licenses and the following required modifications to the building: a. A one hour rated door, self-closing device, proper hardware and rated frame be installed in the common wall. b. Fire extinguishers shall be placed in each rental area. c. Two useable exits to be provided for each rental area. d. A one hour fire rated separation be maintained between the boiler/heating/cooling equipment and the'exit way in the upstairs with make-up outside air provided to the heating equipment. e. Insure each rental area shall have accessibility to rest room facilities. f. The walls between rental areas be finished with a minimum of ½ inch sheetrock and the installing of sound proofing material, such as sound board, insulation batts or equ.ivalent'. g. The building must meet energy code requirements for walls and ceilings and the heating zoned for each rental area. 'Heat loss and energy calculations will be submitted at the time of completion. h. A survey of the property showing adjoining structures will be required at the time it is remodeled and a building permit granted. 3. The City Manager is to report to the City Council on February 1, 1982, as to the compliance with these conditions. If all provisions and conditions are not completed by February 1, 1982, this Council will immediately commence proceedings to revoke thelicenses and Special Use Permit. Councilmember Swenson moved the following amendment to the resolution. ~anuary 12, 1982 That the date of compliance in item #3 be changed from February 1, 1982, to March 1, 1982. The City Manager to report on March 2, 1982, on compliance. A motion for the adoption of the foregoing amendment to the resolution was duly seconded by Mayor Lindlan and upon vote being taken thereon; the following voted in favor thereof: Charon, Swenson and Lindlan; the following voted against the same: Polston and Ulrick; whereupon said amendment to the resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. ss/Leighton Lindlan Mayor Attest: City Clerk A motion for the adoption of the original resolution as amended was duly seconded by Councilmember Polston and upon vote being taken thereon; the following voted in favor thereof: Charon, Swenson, Ulrick and Lindlan; the following voted against the same: Polston; whereupon said resolution as amended was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. ttest'. City Clerk ss/Leighton Lindlan Mayor 377 October 13, 1981 Councilmember Charon moved the following resolution. RESOLUTION NO. 81-338 RESOLUTION APPROVING THE SPECIAL USE PERMIT FOR 60 DAYS, FROM THE DATE OF OPENING, TO TOM WATSON FOR A YOUTH CENTER/ARCADE WITH THE CONDITIONS AS STATED. WHEREAS, an application has been made to this Council, by Tom Watson, for a Special Use Permit to operate a Youth Center/Arcade at 5571 Auditor's Road (Part of Lots 6 and 7, McNaught's Addition to Mound, Lake Minnetonka PID #13-117-24 33 0049, and WHEREAS, the matter was reviewed by the Planning Commission which has recommended approval with conditions, and WHEREAS, pursuant to due.and proper notice according to law and Chapter 23 of the City Code, a public hearing was held by the City Council at the City Hall in the City of Mound, on the 29th day of September, 1981, and continued to the 13th day of October, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: The application for a special use permit to operate a Youth Center/Arcade at 5571Additor's Road (Part of Lots 6 and 7, McNaught's Addition to Mound, Lake Minnetonka PID #13-117-24 33 0049) is approved subject to the following conditions. 1. Hours: 2:30 P.M. to 9:00 P.M. - Sunday thru Friday 2:30 P.M. to 10:O0 P.M. - Saturday 2. Keep area around the building policed and all trash picked up, including the City parking lot to the east of the facility. 3. Provide handicap ~arping space and necessary bike racks in front of building for all Arcade users. 4. Control noise by fully insulating the Arcade portion of the building and by having adult supervision. 5. There will be an adult supervisor on the premises at all times the Arcade is open. 6. License fees will be paid on all video machines, pool tables, etc. The City Police will be responsible for conducting quarterly inspections-of the premises to insure all machines are licensed and the facility is clean and well maintained. 7. The Licensee will submit a report to the City every three months outlining any problems they are having with parking and Arcade operations. The City will also keep a log of all complaints and ask the Arcade owner to respond to each to the best of his ability. 8. Owner will do everything within his power to prevent loitering around the outside of the building and the parking area. 378 October 13, 1981 This special use permit is approved for 60 days from the date of opening at which time the permit will be reviewed and a decision will be made on granting an extension of this permit for another period of time. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon; the following voted in favor thereof: Charon and Swenson; the following voted against the same: Polston; with the following being absent: Ulr|ck and Lindlan; whereupoh said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. At~es~: Acting City Clerk Delinquent Water And Sewer 33 424 4759 O1 33 4~9 24~1 61 33 439 4glg 81 33 442 4424 31 33 442 4541 41 · J3 460 4669 51 33 463 4626'91 33 463 4740 81 33 469 4767 81 Carol Grande James Lassek Bruce Johnson Robert Paine Jam~s Christianson Mark Swartz Jill Krueger 60.20 Edna Enstad :--,~_____~ __ Robert Moulton ' 33 472 4555 11 R. Christopherson 33 475 4621 41 H'. Jensen David Borrett 18.18 Geo. Duncan Craig Watson Jerry Olsem James Mc Ginley Donna Luguar 33 478 2854 71 33 484 4553 11 33 484 4610 91 ~ 487 ~ ~" 33 500 4440 41 33 500 4455 21 33 515,3.1_18.51. James Otto 33 515 3155 71 Marsha Jorgenson 33 539 4838 71 Rand Sarles JilJ Potter Mark Anderson Robert Smestad 33 545 4855 81 33 548 3167 31 33 554 3065 71 33 563 2954 41 Valerie Peterson 33 572 4827 11 S_emeja /~h~ Scott Smith Sally Swanson Gary Brynteson Pamela SeYerson 33 581 2873 81 33 581 2901 71 33 587 3045 91 33 587 3068 11 71.82/ 87.21 Made arrangements . Made arrangements 4919 WilShire Blvd. Vacant. Bills are returned 84.48 51.06 . 115.42.~ 4541Denbigh Rd. Will pay Paid· $1.0.00 4740 Bedford Rd. Made arrangements ? 206.24 207.37 4555 Dorchester Rd. 4621 Manchester Rd. ~#~#,/ Paid $35.00 55.02 4553 Tuxedo Blvd. ,~ 4610'Tuxedo Blvd..-.- 72.24. 4440 Radnor Rd. 52.67 / Will pay Feb I 60.66 31~8 Inverness ~d. 96.91 3155 Inverness Rd. 111.84 124.09/ 4838 Glasgow Rd May be able to pay some Feb I 88.50 3167 Argyle 65.16 3065 Dundee 63.27 2954 Devon 60.72 Cannot pay, Unemployed 70.30 108.95 57.66 61.20 2873 Cambridge Ln. 2901 Cambridge Ln. 3045 Brighton Blvd. 3068 Brighton Blvd. 33 620 4737 91 25 620 4928 41 33 644 5238 71 33 647 5217 41 '33 650'4774'91 Ev Nerbach J. Christopherson R. Rucincki L. Freeburg 77.37' 3.78 $41.21 177.72 $34t8..46 $3241.66 Paid Unable to forward 5238 Seabury Paid $50.00 4774 Kildare 33 424 4759 G1 33 4~9 24~1 61 33 439 4919 81 33 442 4424 31 33 442 4541 41. '33460 4669 51 '33 463 4626'91 33 46'3 4740 81 33'469 4767 81 33 472 4555 11 33 475 4621 41 33 478 2854 71 33 484 4553 11 33 484'4610 91 33 487 4873 61 33 500 4440.41 33 500 4455 21 33 515 3155 71 33 539 4838 71 545 4855 81 33 548 3167 31 33 554 3065 71 33 563 2954 41 33 572 4827 11 33 581 2873 81 33 581 2901 71 33 587 3045 91 33 587 3068 I1 Delinquent Water And Sewer ~ 71.82 158.08. 87.21 61.40 84.48 51.o6 305.74 115.42 206.24 207.37 53.18 55.02 189.97 125.22' 72.24 52.67 60.66 96.91 111.84 '124.09 88.50 65.16 63.27 60.72 70.30 108.95 57.66 61.20 ~L "L£[ T.g "[6 L~'LL I6 L~L~ 0~9 £g CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1t55 January 13, 1983 Ms. Jane M. Weisman C/O Koenig & Robin 2305 Commerce Blvd. Mound, MN. 55364 Dear Ms. Weisman: I am in receipt of your letter dated January 7, 1983 requesting that you be placed on the January 25,. 1983 Council Agenda to amend paragraph 1 (c) in the Livingston/Wagner Agreement' I have enclosed a copy of the resolution approving the preliminary subdivision/lot split which was approved upon compliance with various conditions, one of which was, "Separate water and sewer connections be provided for each structure". Mr. Li'v!:ngston. then appeared before the Council on November 3, !982 and asked that this condition not be enforced. After considerable deliberation the Council instructed the City Attorney and the Staff to draw up an · '. Agreement to be.a part Of Resolution #82-249 which included certain things. The Council would then consider the division of the property approved when the Agreement was returned signed by both Mr. Livingston and Ms. Wagner.or yourself as buyer of the property. If the Agreement is not signed, Resolution #82-249 becomes null and void because the dj'vi'sion Was approved contingent upon certain conditions being met, i.e. the separate connections, the Agreement being signed. I will place this matter on. the Age~da for the Council Meeting January 25, 1983, but I wanted you to know the status of the item beforehand. If you change your mind or resOlve the situation before the meeting, just call and I will delete it from the Agenda.. Sincerely, Fran Clark City Clerk fc enc. cc: Frank Livingston January 7, 1983 City of Mound 5341 Maywood Road Mound, Minnesota 55364 Attn: Fran Clark, Clerk RE: Subdivision, P.I.D. #24-117-24 0014; Frank Livingston, Seller/Mary P. Wagner, Buyer Dear Ms. Clark: This letter is in reference to an Agreement that was drafted by you in conjunction with the City Attorney, as a response to an appeal made by Frank Livingston at the November 3, 1982 Council Meeting, to amend or limit the restrictions placed on the above captioned division of real estate (see attached Exhibit A). The undersigned presently resides in the cottage and is the daughter of the Buyer of the property known as Parcel "B" as described in the attached Agreement, and would like to call the Council's attention to Paragraph No. l(e) of that Agreement, where it is stated that ,'no additions, second floor or other improvements will be made to the cottage unless a new owner puts in a separate sewer line to serve the structure". The Buyer regrets that she was not in attendance at the November 3, 1982 Council Meeting at the time this Agreement was being drawn, and wishes to appeal to the · Council to amend this paragraph to include an exception stating that a two-car garage to serve the cottage may be built on the premises. Please place this matter on the Agenda for your January 25, 1983 Council Meeting. Thank you. Sincerely, t /Jane M. Weisman JMW AGREEMENT WHEREAS, the City.of Mound has.ordinances prohibiting the subdivision of property without City approval, and WHEREAS, Frank H. Livingston of 5251 Bartlett Boulevardi Mound, Minnesota has applled for a division of certain lands PID #24-117-24 0014, and WHEREAS, the Council has placed restrictions on the sub- division as set forth in Resolution #82-249, and WHEREAS,-the applicant, Mr. Livingston, appea)ed to the Council at its meeting on November' 3, 1982, to amend or llm. i.t the restrictions placed on'the division, and WHEREAS, Livingston is proposing to sell' one parcel, known as Parce.l "B" and described as: Lot 18 except the westerly 10.OO feet thereof; and that part of Lot 17 lying westerlyof the following described line and Its extensions; iComalenclng at a point on the easterly line of said Lot 17, distant 385.94 feet southerly from the northeast corner of said Lot 17; thence westerly, perpendicular to said easterly line, a distance of 29.79 feet.to the point of.beginning of the line to be described; thence northerly to'a point on the northerly line of said ,. Lot 17 distant 20.89 feet westerly from said northeast corner and said line there terminating. All in Block l, Shirley Hills Unit C; to Mary 'Wagner, 1041 Blossum Road, Eden Prairie, Minnesota, and' WHEREAS, the City Council has directed that an agreement be prepared between the parties; NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. The division referred to in Resolution #82-249 and Council Minutes of November 3, 1982, ls app'roved subject to the following: a. The two units currently located on Lots 17, 18 and '19, Shirley Hills.Uni't C may be divided as set forth in the Council Resolution #82-249 which is incorporated in and made a part of this agre.ement. be The appllcant and the purchaser,'Mary Wagner, and any other party having a written interest in this property shall sign a copy of this agreement holding the City of Mound harmless for any and all damages done by the sewer lines currently constructed from the municipal utility to the individual dwellings, it being, understood that the City ordinances require separate sewer connections for each unit and this is not being done at this time because of the financial hardship to an elderly individual. No additions, second floor or other'improvements will be made to the cottage unless the new owner puts In a separate sewer line to serve the structure. If the cottage is torn down or destroyed, the sewer llne going to the "Y" connection from the cottage and'then to the City sewer ma in'.shall be sealed off and not used in .the future reconstruction ~f any building on the cottage parcel and shall require the construction of new individual sewer hookup to the municipal system. If there is further'subidivision of Lot 18, separate sewer and water llnes must be installed by the property owners. Livingston and Wagner must understand that the City will not respond to or be.respinsible for any clogged sewer to any of the lots being covered by this subdivision. The parties shall understand any and all. work shall be at. their individual expense and that the City is only responsible for problems which develop within the public right-of-way. Livingston.has agreed to provide separate water lines beginning at the "Y" located in the driveway easement on the westerly'lO feet of Lot )8. Thus, there will be the meter now. functioning in the'cottage on Parcel "B" and Llvlngston will have a meter installed in his house. CITY OF' HOUND sy Mayor City Manager ank Livingstone-) Mary Wagner ... The following'is a propssed add].%ion t/ the Resolution 82-299 which to date has not been si~ned by those concerned because h~ere is les]red a clar~ication of some provisions. '.Ie ask that it be understood by Mrs. Mary Wagner, Frank Livinyston 'an~ the ~.[ound City Council that the foregoing provisio~ does not at some future time preve~t Mrs. ~fary Wagner or any owner of the ho~}e on lot 18 fro~ buildin~ a ~r~ra~:e with an enclosed connect~_ng walk to the north door o~' the ho~ne on Lot The garage to be b~tt o~ the north ~;i~e :~d ~t the or~,,~e~' from west line of Lot 18. This, we ~e].ieve, in '.o wa>,~ affects the ~>resent sewer connections. 226 November 3, 1982 SPECIAL MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a. Special Meeting of the City 'Council of the City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in said City on November 3, 1982, at 7:30 P.M. Those pre~ent were: Mayor Rock Lindlan, Councilmembers Robert Polston, Gordon Swenson, Donald Ulrick. Councilmember Pinky Charon arrived at 7:40 P.M. and left at 8:00P.M. Also present were: City Manager Jon Elam, Water, & Sewer Superintendent Greg Skinner, City Clerk Fran Clark; and the following interested citizens: Frank Livingston and. Mr.'. & Mrs. John Livingston. The Mayor opened the m~eting and welcomed the people in. attendance. ELECTION CANVASSING BOARD .The City Election results were presented to:the Canvassing. Board for their approval. The results were as follows: Mayor (two year term) Rock Lindlan Bob Polston Votes Cast 1,822 2,122 Councilmembers (2 elected, each 4 year terms) Gary Paulsen 2,209 Russ Peterson 2,419 Steve Smith 1,788 Swenson moved.and Ulrick seconded the following resolution. RESOLUTION #82-292 RESOLUTION CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION AS PRESENTED ON THE CANVASS OF VOTES OF THE NOVEMBER 2, 1982, GENERAL. ELECTION. The Vote was unanimously in favor with Council'member Charon absent and excused. Motion carried. LIVINGSTON - SUBDIVISION - SEWER CONNECTION The City Manager explained that in September the Council passed Resolution #82-249 approving the preliminary subdivision/lot split of PID #24-}~7-24 24 0014 with stipulations. One of those stipulations was !'separate water and sewer connections be provided for each structure" The two properties have separate water lines but both sewer lines are connected to one stub. Mr. Livingston claims that when this was done in the mid-1960's, it was done in accordance with the orders and directions of the City Sewer Inspector. He feels that the present lines into one stub have been more than adequate and cannot see putting in a separate line to the piece he is subdividing off and selling to the Wagners. The City Code now calls for separate lines to separate stubs. 227 November 3, 1982 Water & Sewer Superintendent Greg Skinner stated that the advantage to following the ordinance and requiring 2 separate .lines is that the the City will be uniform throughout; and the City will not be liable for any back-up if it would occur later. After considerable discussion between the Council and Mr, Livingston, Ulrick moved and Swenson seconded a motion to have the City Attorney draw up an agreement between the City and Mr. Livingston and another between the Ci. ty and the Wagners allowing the 2 sewer lines into one stub if the two property owners give the City the following agreement: 1. A "hold harmless agreement" for any damage done by the sewer lines. 2. That no.additions or second floor will be added to the cottage unless the owner puts i'n a separate sewer line to a separate stub. 3. If the cottage is torn down or destroyed, the-sewer llne nowlcoming from the cottage will be sealed off and not used. 4. If there is any further subdivision of Lot 18, separate sewer lines (as many as necessary) will be install'ed by the property owners. '5. The City will not respond to a clogged sewer line to either lot until a'prtvate contractor .(at the property owner's expense) determines it i"s the City sewer, llne. When this agreement is completed by the City Attorney and submitted and signed by the property owners, the Council will consider it approved. The vote was unanimously in favor with Charon absent and excused. Motion carried. INFORMATION/MISCELLANEOUS A. COMMUNITY SERVICES'BUILDING The City Manager stated that Gary Mayer of lnd, School Dist, 277 had come to..see him after the candidates meeting about the possibility of the;City moving. City Hall to the School. He asked the Council how they feel about moving to the school and how' they wanted ht~ to handle this with the school. Counciilmember Ulrtck stated that h.e wQuld abstain from discussing this because he ~s employed by the school, The Council felt that with a new Council coming ~n,:that furth.er thoughts along that line should come from them,. The Cilt~ Manager stated that he will write a letter-to Gary Mayer and expla~n..that in 1983 the City will be looking at several opti'ons, but would like to hold on a decision until the new Council takes offi'ce. B. TONKA UPDATE The City Manager stated that he is keeping a close watchl on the developments at Tonka and has a meeting with the State Department of Ecomonic Development in the next few days to d~scuss the possible other uses for the building. C. WATER METER PROBLEM' The City Manager suggested that before deciding which meter to go with, that the Council could hire a consultant on this. When he and Greg were in Detroit looking at meters there was a very knowledgeable fellow who held a seminar on the pros and cons of different meters, it might be worth paying for him to come up DATE: Ja:~ 11, 1983 TO: ~=a~cene Clark, Clerk FROM' Donald F, Monk, County Assessor SUBOECT: 1983 Local Board of Revi~ Date Tuesday Day of the Month May 31, 1983 Date Minnesota law requires that I, as County Assessor, set the date for your Local Board of Review meeting. After reviewing previous meeting days and your suggestions of last year, the above date- was. selected. I sincerely hope that it is agreeable with your council. .' As there must be a quorom, I would suggest that an informal review of your members with a request that they mark their calendars would be appropriate. Please confirm-the date set out or call Bob Martin at 348-3~46 with your alternate date by January 24, 1983, so that our printing order can be completed on time. We suggest starting times of 6:30, 7:00 or 7:30 p.m., but Will discuss it with you if you wish a different time. Your early completion and return of the attached tear off strip will be appreciated and we will send your official notice for posting as required by law. CONFIRMATION Municipality: MOUND Date: May 3], 1983 Time: 7:30 P.M. .. Place: City Hall, 5341Maywood Road, Mound, MN. Confirmed by For selecting meeting dates in future years the following information will be helpful , ', , ?ROM: SUBJECT: INTEROFFICE Jon Elam, City }~nager Bruce Wold, Chief of Police Parking Restrictions on Islandview Drive MEMO DATE , January 12 I am attaching a repOrt from Bill Roth with this ~nemo. I 'am in agreement that parking on that hill can be hazardous for traffic flow in general. Should the Council want to act on the qUestion and change the wording in Chapt. 46 sect. 46,29. sub Ia) Sub Sub" [24) the' Signing could be done. The ordinance subsection reads: "Both sides' of Islandview Drive from Clyde Rd. to Dexter' Lane." To accomplish the Change add the wording: ?and Radnor Rd. to MancheSter Rd." An appropriate resOlution could Tead¢ Whereas topographic features' reqUire the City to establish parking restrictions on City roadways for .the Safe and orderly movement of vehicles. Whereas limited' visibility often.resUlts from hills and curves in the roadway, Whereas the hill on Islandview Drive bet~Veen Manchester Rdl and Radnor Road is a ~opographic featUre which limits visibility of drivers on Islandview Drive. Whereas the' safe and orderly 'movement of vehicles is hampered by limited visihili.ty. Therefore be it' resolved that no parking on both sides of Islandview Drive shOUld be' extended to include the portion of Islandview Drive be~,een Manchester' Road and Radnor Road, : /LC SUBJ~T/oFFENSE Hazardious Parkin.q REPORTED BY/~(DOOXN~ Daniel Leo Cummings MOUND POLICE DEPARTMENT INFORMATION REPORT LOCATION Islandview DR. ADDRESS 4440 Radnor Rd. DOB: O4-27-51 PHONE-DAY 472-6801 PHONE-NIGHT SUSPECT ADDRESS DATE 01-O8-83 TIME 1735 hrs. OFFICER Cayo CITY Mound PH.# ' DOB Deta i ) s.: R/O received comp)aint of parkin9 on Islandview Dr. between Radnor. Rd. and M=nch.este.~ ~rl_ which is a big i~ll with a very hazardiious slope. The R/p stated that i~he hill is har~l to drive up and that when vehicles are parked on 'the hil) only one vehicle can get through and when two vehicles meet they can eadll, y hit each other. R/O saw'a possible soluti, on to the problem would be to post both sides of Islandv[ew No Parking from Radnor to Manchester Rd. CITY OF MOUND Mound, Minnesota TO: FROM: DATE: SUBJECT: Jon Elam, City Ma'nager Licensing Department January 19, 1983 Renewal of Annual Gambling and Entertainment Permits Annual Gambling Permits expire January 31, 1983 for the follow- ing: American Legion Post 398, 2333 Wilshire Boulevard V.F.W. Club 5113, 2544 Commerce Boulevard Renewal of the application for the American Legion Post 398 has been received and is attached. The permit period would be from February 1, 1983 through January 31, 1984. Also expiring are the following annual Entertainment Permits: Surfside, Inc., 2670 Commerce Boulevard Three Points Tavern, 5098 Three Points Boulevard The permit period for renewal of these would also be from Febru- ary 1, 1983 through January 31, 1984. Marjorie Stutsman ??o OF'MOUND APPL ! CAT1 ON 'FOR 'GAHBLI N8 'PERHIT AMERICAN LEGION POST #398 Name of organization THE A-~R!.OAN LEGI ON 2333'-WILSHIRE~ BLVD~ MOUND ., a 'VETERANS ..... o. rganization, hereby applres for a ANNUAL '' gambli.n9 permit. annual/single occasion Date to be Used JANUARY 31, 1983'to ~ANTJARy 31, 1984 Phone. Number of Organization 47'2-9582 'or'472-4374 Date Organization was qrganized '-1920 ___ '- Purpose of Organization HELP THE V~TERANS AND COM~NITY-SERVICE .... Type of Gambli.ng to take Place: Paddlewhe~! Yes No Tipboard Yes No' Raffle Yes x No Location.of Gambli.ng: Address: 2333-WILSHIRE BLVD. MOUND, MN. ' .......... Name of Building Owner AM~-/~ICAN LEGION POST f398 ....... . .....'.' Is the buildi.ng owned or leased by the o.rganization' '-'' Date ownership was acquired 1.960 'if leased, expiration date of lease (Copy of lease must accompany application) Gamb! i.n9 I~an.ager: Name of Gambl lng Manager JERONE H~.D ' Home address 2296_SHADyWOOD RD. WAYZATA 55391 Home Phone )'71-9334 is Gambli.ng Manager an active member of'organization YES (Required)' Date membership acquired ]k.~60 APPROXIMaTeLY I.s Gambling Manager paid by the organization for handli.ng the gambli.ng NO (The answer to this question must be no - Sec. 43.40) Amount of bond furnished by Gambling Manager ~lO,O00 (At least $10,000.) WES_~ERN SURETY Name of Company furnishing Bond ~.~l_j~__~_~_~~ ~, ~_ ~,~,~ and we agree to file a copy of the bond wit% t~-Cit-~-Clerk. Name of Bank where gambling funds will be kept MINN. FEDTRAL A~XrD ~T~T= =-~krK OF MOUND ./7/ (2) Bank Account Number for gambling funds STATE BANK OF MOUND #O-O23- 03 Are'funds in the above account mixed with other funds (Answer must be "No") AGREEMENT NO The AMERICAN I~EGION POST #398 hereby agrees that if the 1icense herein Name of Applicant .is granted that the AMERICAN I~GION will save the City, its officers Name of AppIicant ..' an~ agents harml'ess against any claims.or actions and the cost of defending, any claims or actions arising out of or by reason of the granting of the license or the conduct of any.of the activities, authorized.by the license. , ' it is further agreed that monthly reports shall be furnished the City by the Gambling Manager as directed in the Ordinance .and the, 'A]VJ~R~CAN LEG[ON;Z~KK~ Name of Applicant hereby authorizes, the Bank named above as the keeper o[ gambling fun~s to a~l~ the City access to the figures and activity of account number ~ .. listed above.' Signed by authorized Officer of Organization Date JANUARY 17; 1983 .. The above application is made on behalf of the AMERICAN LEGION and all information given herein is true and correct to the best of my knowledge and b~l ief.; ........................ - Date ~ignature -Title Annual Licenses: Expire on January 31 of each year. Fees are not prorated for licenses purchased after February 1. McCOMBS - KNUTSON · ASSOCIATES, INC. 12800 Industrial Pk. Blvd. PLYMOUTH, MN 55441 Phone 559-3700 WE ARE SENDING YOU /~Attached [] Under separate cover via [] Shop drawings [] Prints. [] Plans I-3 Copy of letter [] Change order [] [] Samples .the following items: 1:3 Specifications THESE ARE TRANSMITTED as checked below: //~ For approval [] Approved as submitted For your use [] As requested [] For review and comment [] FOR BIDS DUE 19__ [] Approved as noted [] RetUrned for corrections [] [] Resubmit · copies for approval [] Submit copies for distribution [] Return corrected prints [] PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: ~ If encloeures em not ms noted, kindly notify us et · ENOINEER,: HCCOH~S-~UTSON · .;j - ~800 'IND PK. BLUD PLYMOUTH, MN 5-5441 ''TRACTOR PAY Es'i-IMATE 'NO. ':O8 · ~oSG4 CITY OF HOUND HOUND BAY MOUND ~AY PAPJ< IHPPJ)VHENTS "--" ._ CONTI~CTOR: PERKINS LAND,CARE PAYMENT SUHMARY FOR WORK COMPLETED TO DATE .... .'.~. PA~E OE~ eON'fRAC~+-'-~;.''' "~,:-,-,UNIT ~';""'""*-- THIS. PERIOD ' '- ~'~,:~,IfE~: ~":.-' "!,'rEM:.,,.-. "--' :,. NO.-:'"",: .>. DESCRIPTION : ".,. Q~NII]T UNIT "- PRICE: '~QUANTITY -;::.':'i ~O'~..L~- ' "'"" · - ", - ' ~''- ' --.-.. -- : ;, , . ~,&-l/O ;EA>c .00 , '.;: '- ? 0.9_., ~'~ '.:. '~ "GR~DING '. ,i ;'.'.,.~. '-;-~" s 1.0 .' EA ' ' 1,92.5. O0 ~ ",3 BEACH .S~ND ':'"' ;*' ';' ' ,**-*~;~O:O'**:TDN : 7G..70~.-.' · . --:,, .... .~;...~ "'" "' - "' ': .880.0 ~,¥ 5:1,0"~', · -':4-[*TOPSOIL ..-.~. **. /...: ..=j ~ _ :.:.,. -* ''~'---':'-*"~* :'::-~;o'::"~- ~':9oo.oo . ~<~*' 6' SEEDINg*-" u ..-..~ .:..: . '*"* : 7 WATER FOUNTAIN. :-' ¥';'* .'.~-:.I;O-_EA ..... ~"1','/50.00 '*-:~ :_ <'*:.8 AUTUMN PUP~'LE'~SH :- ~O:O. E~ ' *~' · . :,. ..... -../~3.00. ,~ PAPER BIRCH.(~ CLusTER)..' 3;O"'EA- '~**: 1~0.00 ..... - ,-- " -:8.0-'EA ":-:DS[O0 ': ..... T' 10 P~F'ER'BIP~H .- ~. 0~0: ~.0.00 - i~['. ':11 $ILUER HAPLE '- 16[° EA" .... . ~0.00 "'iG;.*O','. ~ 1,440.00 .***::.: -:~ N~OBE,UEEP~NS ~XLhO~i.-'- ~.. .... ~.0 '£A .. :%: lSe;O0 ' 1.0.0 :: -0.00 ;-' ,"13-ROYALTY CP, AB -:?:-- ... .:- IO.O!,..EA *' -:.1~1~*00 '-:' ~-.~. /SERVICEBERRY .;~'.,; ..... '-' ..m' ~ ' 0 'EA'- 140.00 .. ~-- ,.-~. ~ PAGODA DOSId0OD:,:: ,' "-" "' '~..0...EA 77~:1.30.00. ~,: ';~..:-.-16'Dk~RF.AMUR;MAPLE ....-'?'31.'0 EA "" ~ £1;00 -'"-'." ' ". 17-D~RF___.~ .--,-.__- E~NYMUS :.,.' :. -"; . '., :. E3. O,,. EA '~'<. , '_~1'00- , · :,,4'~',' -'.'" '~-: '~' - ,-: -'f*' . -"% - ~,~ . '< , '::-.~.~ ~.._ ~ -~: ~ - . . . ..... % '. . .,.~ :...~ ,, .* . - ~-;-,.:' ' lO?AD MOI.~D ~Y PA~ IHPRO~E~ffS. ,-' :: .'.f~'"-¢:~ 5 ..... -~. _. ,~0.0 736.0 0.0 0-0 .t -: "0~0 · ~0,-0-.' -.' 0.0 0.0' 0.0 '- ' 0.0 0.0 0.00 ' 0.00 . 0.00 .:0;00 0.00 14,'840.10 /23- ....... '~-OP~ PAY ESTIMATE NO. 02 CITY OF MO~D MOL~'~D BAY F'A~ IMPROVEMENTS MO~,'D BAY PARK IMPROVHENTS PAGE ENC~ INEER: NCCOMBS-KNUTSON 1PBO0 IND PK. BLVD F'LYMOUTH, MN 55441 CONTRACTOR: F'ERKINS LANDSCAPE 552:1 EDEN F'RAIR RD HINNETONKA, DATE: 01/10/8~ ITEM ITEM NO. DESCRIPTION 1 TOT LOT PAYMENT SUHHARY FOR'MATERIAL~ 'ON SITE UNITS DELIVERED 1.0 EA CONTRACT QUANTITY TOTAL HOUND BAY PARK IMPRDVMENTS INVOICE PRICE 3,67~.~P '[HIS' PERIOD UNITS ON SITE 0.9- ORIGINAL CONTRACT PRICE ~' 37,648.00 +.CHANGE 0.00 .T. OTAL - ITEM VALUE ~ 304.90- · TO DATE. INVOICE' >:.. UNITS . .TOTAL - PRICE ON SITE ITEM VALUE-', ': REVISED CONTRACT AHOUNT ..:' 37:.648.00 - ~- : ',;'_ BILLS ..... ~ ...........~, 1983 F.H. Bathke Bill Clark Standard Continental Telephone Dictaphone., Dept of Property Taxation Empi re Crown Auto Fire Control Extinguisher Henn Co. Sheriffs Dept The Hozza Assoc. I ten Chevro.1 et I llies & Sons The Laker Sharon Legg Lowel 1 s League of MN Cities Lakeland Cablevision McCombs Knutson Wm Mueller & Sons Mpls Oxygen Minnegasco City of Mound Metro Waste Control M.F.O.A. N.S.P. Navarre Hdwe N.S.P. Perma-Top Planning & Develop Spring Park Car Wash State Bank of Mo~und Specialty Screening · State of MN Treas City of St. Petersburg State Treas II Il Il Il Stern Levine 2Otb Century Plastics Village Chevrolet Wurst, Pearson, Hamilton Xerox Corp ' R.L. Youngdahl Griggs Cooper & Co. Johnson Bros. Whl Liq MN Distillers Old Peoria Ed Phillips & Son Abdo, Abdo & Eick Acro Minnesota Applebaums Air Comm 10.35 4,188.07 1,100.63 78.48 40.00 12.95 189.05 32.36 150.00 lo7.87 2,75o.5o 54.14 42 73 235 oo 105 O0 4,355 oo 2, 2o7 00 325 65 36 73 1,795.4O 5O .4O 2,524 50 210.00 1,921.89 118.95 193.12 35.00 1,549.0o ':' 95.70 5.10 72. O0. 10.00 5.00 557.83 15.00 5.OO 645.00 4.85 16.73 4,938.14 768.48 1,863.40 4,716.92 2,098.25 I ,154.34 1,767.53 3,487.84 720.00 63.67 16.31 96.00 Borchert Ingersoll 7,500.00 Baldwin Supply 104.88 Holly Bostrom 189.00 Burger Chef 25.00 Davies Water Equip 263.64 dohn Ewald Iii 26.85 Jon Elam 50.1~ Forestry Suppliers 94.92 First B~nk Mpls 4.00 Govt Training Service 35.00 Henn Co. Chiefs Police Assn 15.O0 Hawkins Chemical 244.75 Wm Hudson 30.00 Identi Kit Co. 360.0~3 Internatl Assn Chiefs Police 25.'.. Internatl Confr Bldg Offcl 224.'.,~ Kustom Electronics Io.~.:'-::' K Mart 14t .... Doris Lepsch 45.00 League of MN Cities 30.00 LOGIS 1,177.69 MN State Fire Chiefs Assn 50.00 MN Rescue & First Aid 15.O0 Metro Waste Control Comm 26,126.47 MN C'urriculum Serv 60.00 Natl Fire Protection Assn 16.O0 Nat1 Office Systems 316.11 NW Bell Tele 72.80 N.S.P. 4,192.15 Olsen Chain & Cable 39.98 Pitney Bowes Credit 26.00 Paper Calmenson 311, Power Group Products 136.97 Repro Printing 120.O4 Suburban Community Services 831.75 St. Boni' Farm Store 4.50 Specialty Equip Co. 3,658.50 T & T Maintenance 30.85 Title Insurance 720.99 United Fire Fighters Assn 25.00 Western Area Fire Train Acd 1,241.O0 Widmer. Bros. 2,810.50 Xerox 82.72 Chris Bollis 48.60 TOTAL BILLS 99,23.'~.i]~ /77 URBAN ~E]~IN COUNTY C08G ENTITLE~ YEAR IX - PLA~ING ALLOCATION % of' 1970 % of 1980 % of 1980 % of 1980 Urban County % of Year IX Year IX Urban County Urban Cc~mty Urban County Over Crowded Planning Planning Population Poverty Poverty Housing A11 ocati on A11 ocati on. Chanhassen 01.32 01.23 01.23 01. lg 1.24 Dayton 00.84 01.01 01,01 01.08 0.99 Hanover 00,13 00,33 00.33 00.12 0.23 Rockford 00.50 00.75 00.75 00.28 0.57 St. Anthony 01.6~ 01.11 01'11 01.64 1.38 Brooklyn Center 06.47 09.49 09.49 13.95 9.85 Brooklyn Park 08.98 14.57 14.57 08.73 11.71 Ch~npl i n 01.87 01.09 01,09 01.61 1.42 Corcoran 00.88 01.48 01.48 00.78 1.16 Crystal 05.29 04.23 04.23 10.29 6.01 Deephaven 00,77 O0.SD 00.80. 00.58 0.74 Eden Prairie 03.37 02,45 02.45 01.80 2.52 Edina 09.55 05.54 05.54 02.72 6.34 Excel sior 00.52 00.67 00.67 00~57 0.61 Golden Valley 04.72 02,76 02.76 03.38 3.41 Greenfield 00.29 00.37 00.37 00.42 0.36 Gree~ 00.14 00.10 00.10 00.07 OJlO Hassan 00.37 00.52 00,52 00.51 0.48 Independence 00.55 00.41 00.41 03.55 0~48 Loretto 00.06 00.11 O0.11 00' 17 O. 11 Maple Grove 04.26 03.09 03.09 02.19 3.16 Maple Plain 00.29 00.37 00.37 00.35 0.35 Medicine Lake 00.09 00.07 00.07 00.18 0.10 Medina 00.54 00.49 00.49 00.96 0.62 .Minnetonka Beach 00.12 00.02 00.02 00.04 0.05 Minnetri sta 00.57 01.06 01.06 00.87 0.92 Mound _01.~ 03.42 03.42 02.22 2.75 New Hope ~4'~7~r 05,30 05.30 05.41 5.45 Orono 01.42 03.97 00.97 01.07 1.11 Richfiel d 07.84 07.96 07.96 10.36 8.53 Robbinsdale 02.99 03.02 03.02 03.41 3.11 Rogers 00.14 00.23 00.23 00.19 0.20 St. Boni facius 00.18 00.25 00.~5 00.25 0.23 St. Louis Park 08.90 10.56 10.56 08.39 9.60 Shore~ 00,96 00.78 00.78 00.98 0.88 Spring Park 00.30 00.59 00.59 00.15 0.41 Tonka Bay 00.28 00.25 00.25 00.21 0.25 Wayzata 00.75 00.96 00~96 00.34 0.75 Woodland 00.11 00.23 00.23 00.04 0'15 Hennepin County 7,7'7 19,208 395~374 47;911 39,131 24,948 214,049 115j109 12,116 3j337 16,169 16~169 3j674 11;779 3,337 195;490 37;4~. 28;325 170,826 288,001 104,978 6,714 7;727 324;133 29;676 13,805 8,402 25;286 5,025 $ 3,376,800 375,200 $ 3;752;000 JANUARY EVENTS Hubert H. Humphrey Institute of Public Affairs 909 Social Sciences 267 19th Avenue South Minneapolia, Ninnesota ~45~ Contact Person: Jay, s ~arecek Special Programs Admiulstrator (6~2) 576-97sl January 5-4 4:00-9:00 p.m. January. 7 7: 30 p · m. January 9 12:00 noon 12:30 p.m. January 10 11:00 a.m. January 10-11 4:00-9:00 January 11 11:50 a.m. - 1:30 p.m. 1:00-5:00 bm. January 12 11:50 a.m. - 2:00 p.m. January 15 1:OO-2:50 p.m. January14 7:30 p.m. January 14 7:45 a.m. January 15 9:00 a.m. - 5:00 p.m. January 16 12:00 noon 12:50 p.m. January 17 11:OO a-m. January 17-18 4:00 p.m. - 9:00 p.m. January 18 9:O0-11:30 a.m. 11:30 a.m. - 1:30 p.m. Reflective LeadershipS. Faculty: Sidney Hymen. 'Law, Justice, Common Good." Registered Students. Contact: Sharon Anderson, 576-9S54. Weekend. F~itor: Ted Kolderie. XTCA TV. Minnesota Issues. Host: Arthur Naftali~ XTCA TV 'Cut or Tax? Which Way for Minnesota?' Guests: Roger Nos (DFL), Majority Leader, State Senate; James Ulland (I-R), Minority Leader, State Senate. Weekend. Repeat. XTCA TV. Minnesota Issues. Repeat. (also MUOM AR-i:O0 Reflective Leadership Program. Faculty: Sidney Hymen. "Law, Justice, Common Good." Registered Students. Contact: Sharon Anderson, 376-9S54. Modernization Seminar. Guest: Daniel Toweh. "Triple Collision in L~ 626 Campus Clu~ Contact: Reba Carruth, 576-9855. Civil Service Staff Meeting. 2610 Living Room. All Institute Civil Service Staff are urged to arran~ to attend. Contact Jean Champagne, 576-2221. Consultation Series. 'Parimutual Betting in Minnesota" ~uest: Sidney Hyman, University of Illinois-Chicago and former Illinois Racing Board Commiaaione~ 2610 Living Room. (cost: $10.00) Contact: Sharon Anderson, ~76-985~. Special Seminar. Speaker: Rozanne Ridgway, Ambassador designate to the German Democratic Republic. "On Being a Career Diplomat: The Rewards, The Frustrations.~ Fireside Room, Willey Hall. Public Invited. Contact: Jayne Marecek, 576-9781. Weekend. Editor: Ted Kolderie. ETCA TV. AIPA Women's Caucus. Valli West Restaurant, 1827 1Livereide. Guest: Arvonne F~ser. Sign up in StudentLounse, 909. Contact: Ellis Webster, 721-6116. Invitational Conference. 'Dialogue for Chauge: The Mission of Public Education in an Urban World.' Earl Browne Center. Co-sponsored by Community School Collaborative, St. Paul Public Schools and the Education for Reflective Leadership Program, Humphrey Institute. Contact: Bob Terry, 576-~855. Minnesota Issues. Host: Arthur Naftalin. XTCA TV. 'Fighti~ the Fiscal Crunch.- Cuest: George Latimer, Mayor of St. Paul. Weekend. Repeat. Minnesota .Issues. Repeat. (Also XUOM AI~-I:OO p.m.) Reflective Leadership Pro6ram. "Governance Beyond ~overnment." Faculty: Ted X01derie. Guests: Arvonne Fraser (~Tth), Ronnie Brooks (~Sth). Minnesota Horizons, 1985. XTCA TV. Co-anchors: Ted Xolderie and Jan Falstad. Speakera a~d topics: Walter He!ler--MaJor national and international economic trends, policies and events and Minnesota's future. Gerald Corrigan--~innesota's economy. Russell Fridley--Minnasota's demography historically. Thomas Gillaspy--Demographic trends from 1970-1990. Hazel Reinhardt--The social and economic impacts of demographic trends. Introductions by Roger ~oe & Irv Anderson. Moderzization Seminar. ~uests: Patience Mensah and Martha Osei. "TripleC~ion in Ghana." Dale Shepherd Room, Campus Club. Contact: Reba Carruth, 376-~85~. /$1 · ~uvxrT' 21 January 2&-Z~ J--u~7 ~o January ~I January 31 12:00 noo~ 12:00 =oo,, - 1:~0 7:30 p.-. 12:00 12=~0 p.m. 11:00 4:00 p.m. - 9:00 p.m. 11:~0 &.m. - 1 :~0 7:~0 7:&~ a.m. 12:00 noon 11:00 a.a. &:O0 p.m. - .9:00 p.n. Rianesot. Rorlsons, L98~. ~d Pete~on--~e ~o~mic facto~ umoc~t~ ~chel ~--~er~, ~m ~iz Solen~oct~ ~l C~g Jr. ~ J~ Suby--h~ ,e~ce rods ~ bnem ':: Ro~ D~e--XaJor ~lle~ea ~nt~ X~ooo~'s Ru~ w-~--hJor ~e~m co~nt~ X~emo~'. ~ Romen~l--vt~ ~/de ~ae~on ~ Coherence. (H~ooo~ bso~a~on of Colle~ for ~aident of the World ~ ~ ~e World: ~nomte ~v~ or ~~ Ouel~: ~e ~e~r, Vice Re.er, Re~a~ ~feaaor of W~k~. Re.at. ~-~e Co=m~otoner Coubotoner Jay ~e~u~ M~ota lasue=. ~a*: ~hur N~ta~ ~A ~. ~e Co~u~cen of Sucle~ V~.' G~a~: ~. Eel~ Cal~cott, W~kend. Repea~. taffleccive teade~shi~ Pro~. ~~a Beyond C~aiB ~d Ve~e ~ohu~. Reg~cared S~d~ca. ~cc: A.M~,~ICAN PROGRAM ANNOUNCEMENT The Minnesota Chapter of A.S.P.A. (The American Society for Public Administration) is pleased to announce another important meeting for its members and friends: TOPIC: "A New Fiscal Agenda for Minnesota?",~ GUEST SPEAKERS: Rep. John Brandl, DFL~Minneapolis, and Gus DUnhowe, Minnes6ta's new Commissioner of Finance. DATE AND TIME: Thursday, January 27, 1983, 4:00-6:00 p.m. PLACE: Room 351, Coffman Memorial Union · (See map on reverse side.) RESERVATIONS: NOT REQUIRED PARKING: Available in the parking ramp attached to Coffman Memorial Union (see map on reverse side). Please post ~his notice, circulate it, and bring friends. For further information, contact John Bryson, President of MnASPA, 376-3296. Note: This will be the third in a series of fine sessions sponsored by MnASPA. The first session featured Dick Brubacher and Tom Triplett on the tasks and hazards of executive transition in Minnesota. The second featured Bob Dunn, Chairman of the Minnesota Waste Management Board, on the trials and tribulations of hazardous waste siting in Minnesota. Don't miss this next stimulating session: See you January 27th! OPTIONAL DINNER: Those who wish to continue the discussion at a nearby restaurant will be able to do So. Light refreshments will be served during the session. g dc CITY of ORONO Post Office Box 66. Crystal Bay, Minnesota 55323- Municipal Offices On the North Shore of Lake Minnetonka 'January 14, 1983 Mayor Robert Polston 5780 Lynwood Blvd. Mound, Mn. 55364 Dear Mayor Polston Enclosed for your information and review is an agreement adopted by the Orono City Council on December 30, 1982 identifying On Street Lake Access Parking for all persons using lake accesses to Lake Minnetonka. The Lake Access Parking agreement does address existing suitable areas that are now being used to allow users of Lake Minnetonka safe walking access to the lake. The City of Orono wishes to request you and your City Council to identify similar existing parking areas now being used by your City and to adopt an agreement authorizing continuing availability of identified parking spaces contiguous to Lake Minnetonka, Thanking your in advance. Sincerely, WRB/msw BUILDING & ZONING - 473-7357 ASSESSING ADMINISTRATION & FINANCE - 473-7358 · PUBLIC WORKS - 473-7359 LAKE ACCESS PARKING AGREEMENT This Agreement is made by and between the Lake Minnetonka Conservation District (hereinafter abreviated "LMCD"), a Public Corporation under the laws of the State of Minnesota, and the City of Orono (hereinafter "City"), a Municipal Corporation organized and existing under the laws of the State of Minnesota. WITNESSETH: WHEREAS, the L~CD and the City are jointly concerned with providing a~equate, safe and sufficient public boating access to Lake Minnetonka; and WHEREAS, the L~lCD and the City recognize that a certain level of regulation is necessary to promote the most general and efficient use of public access points, and to protect the health, safety, welfare and property rights of persons owning land adjacent to or near by such public access points. NOW THEREFORE, in consideration of the mutual covenants herein, it is agreed by the LMCD and the City as follows: 1. LAKE ACCESS for purposes of this agreement means general public accessibility to a trailerable boat launching ramp on Lake Minnetonka including availability of parking spaces for vehicles with trailers. 2. PUBLIC LAKE ACCESS WITHIN ORONO. The LMCD and the City hereby recognize Hennepin County's North Arm Landing (Hendrickson Bridge) parking and launching facility located on North Arm Bay near the intersection of County Highways 19 and 51 as the primary public lake access point within the City of Orono. Additional local lake access points or firelanes may if physically suitable be used for walking access, swimming beaches and/or hand-carried boat launching as regulated by the City, but because of their limitations and immediate impact on neighboring properties will not be advertised, promoted or developed for general public lake access. 3. ON-SITE PARKING. The LMCD and the City recognize that vehicle and trailer parking located on and within the site of North Arm Landing will continue to be provided, maintained and regulated by Hennepin County~ The LMCD and the City agree to encourage mazimum provision and use of such on-site parking as being the best, safest and most convenient location for users of the access. ~arke~ parking spaces available on-site as of the date of this agreement are ~4 spaces for vehicles with trailers plus 10 spaces for vehicles without trailers, a total of 7~ spaces. 4. ON-STREET PARKING. The LMCDand the City recognize that the number of vehicle and trailer parking spaces available on- site at North ~rm Landing is often less than the total fequired to accomodate all persons desiring to use the access. The LMCD and the City recognize that users of North Arm Landing have in the past used on-street parking spaces as a supplement to on-site parking, and that suci] on-street parking has at tides extended up to 30~ feet from North Arm Landing. The LMCD and the City agree that safe and convenient on-street parking is a reasonable and effective means of supplementing limited on-site parking, and that continued availability of on-street parking is necessary to provide for fullest public utilization of North Arm Landing. 5. INVENTORY OF AVAILABLE ON-STREET PARKING. The ~City hereby identi~ies and the LMCD hereby recognizes the existence and availability of those supplemental on-street vehicle-with-trailer parking spaces for public users of North Arm Landing as located and listed on attached Exhibit A, and as generally sho%~ on attached map Exhibit B. All spaces identified are certified by the City as being traffic-safe for use in parallel parking at the curb line or on the shoulder of a public street without trespassing on private property and without interference with private driveways, mailboxes, or street intersections. All spaces identifed are determined on the basis of a 5~ foot combined vehicle-trailer length. 4. SPECIAL SIGNAGE FOR ON-STREET PARKING. The LMCDand City agree to place and maintain special information signs along the areas identified and designated for on-street lake access parking. The signs will be a uniform design as may be used for the same purpose in other cities, and will clearly adivse the public that on-street vehicle-with-trailer parallel parking is permitted in the designated areas. Said signs will. be provided by the LMCD, and will be installed, maintaine~ and if necessary replaced by the City. Where necessary, the City will also place other informational signs to designate limits of the allowable parking areas and/or hazardous areas where parking is not allowed. 7. CITY ENFORCEMENT OF PARKING REGULATIONS. This agreement shall not preclude the City from enforcing the State of Minnesota Uniform Traffic Code and other local or State Laws, Ordinances or regulations regarding traffic safety on public streets including parking regulations. Vehicles including trailers that are parked or operated in an unsafe or hazardous manner, including vehicles parked within driving lanes, blocking driveways or intersections, or parked in an area specifically marked "no parking" may be issued citations and/or may be impounded by City police officers. When overnight parking prohibitations are in effect, on-street parking within the specially identified areas shall be allowe~ between the hours of 5:~ AM and 9:0~ PM. Designation of an area for vehicle-trailer lake access parking ~s not exclusive and shall not preclude parking of vehicles without trailers or any parking by abutting landowners or the public at large. 8. GUARANTEE OF PARKING AVAILABILITY. The City hereby guarantees to the L~CD that the areas identified in this. agreement for supplemental on-street lake access parking will continue to be available without restriction, alteration or amendment, and that the City will not institute any special fee, permit or time restriction for parking by the general public within the areas so designated. However, should a change in traffic patterns, ~treet or driveway alignment or other situation arise in the future which causes any parking area designated herein to be lost or to become hazardous, the City reserves the right to restrict or eliminate such spaces, provided that every good-faith effort w~ll be expended by the City at that time to replace any such lost space with new allowable on-street parking spaces within the same walking distance of the landing as Other spaces designated herein. IN WITNESS WHEREOF the LMCD and City have caused this agreement to be duly executed this day of , 19 . LAKE MINNETONKA CONSERVATION DISTRICT by It's Ghairman of the Board and It's Exec6{ive-6irector CITY OF ORONO by It's Mayor and It'§ City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN (LMCD Acknowledgement) The foregoing instrument was acknowledged before me this day of 19__, by. and of the Lake Minnetonka Conservation District, a Minnesota Public Corporation, on behalf of the public corporation. (Notary Public) ' STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) (City Acknowledgement) The foregoing instrument was acknowledged before me this day of 19 ,by and of the City of Orono, a Minnesota Municipal Corporation, on behalf of the municipal corporation. (Notary Public) This instrument was drafted by: Popham, Haik, Schnobrich, Kaufman & Doty 4344 IDS Center Minneapolis, Minnesota 55402 (612) 333-4800 ! ! . t -STREET PARKIN~ SPACEg VEHICLES WITt{ TRAIl,ERS AVAII,A.,3LE ~iT'.!IN 3000 F?. OF NORTiI AR:,'. !,ANDING EAST OF "· '~ LA,~ D.. No 1. North ~.?~c.r--~ .... Drive, south s~.~_~.~ (from 800f". west of Baldur Park ~ Ro_~, to Tonkaw=- Rd.) B=_ldur Park Road, west side (from 250ft north of Birch Lane e:,.'tending 750 ft. more or le-~ SUBTOTAL SOUTH OF LANDING 3. Faaerness Point Road, both sides (extending west from Chad 'w'~o~ Rd) Shadywood Road, west side (City property south of ~erness Pt Road) SUBTOTAL WEST OF LANDING '5. North Sh~re Drive a) north side (=rom Shadvwocd Rd to 150 west of :{inne Ave.) b) south side (from Shadywood Rd. extending 1300 ft. west more or less) c) north side (from North Arm Rd. extending 850 ft. west more or less) d) south side (from Highwood Rd extendin9 500 ft. west more or lesst Maple Place, east side (from North Shore Dr. to Cherry Ave) North Arm Drive, ea-t side !fror North Shore Dr. to Cherry Ave) S UBTOTAr.. , OTA.. ON-STRi'f SPACES AVAILABLE BY D/STANCE TO LAXDING J 0 0 10 5 15 16 4 2O 8 8 10 10 20 0 , I 0 I 15 0 43 - 16 - 4 0 2O - 22 - 19 13 7 - ~ 8 - 5 14 v4 !4 13- MOUND · SPRING PARK MINNETRISTA · NAVARRE JANUARY, 1983 , westonka area chamber o$ commerce Instead of a regu. lar ma.reSet'ship meetin~ ~b_is mon'th, a B~LL~ 'Pl?a'3~ grab a friend or two and spend the even~g of Jan. !5 celebrating our o,~ special corner of the ~ke at the Westonka~Mid~ Winter Ball. Location: ~fayette Club, 8:00 to 12:00, Hor d'oeu~es '9:30 to l1:3° MuS'ic provided by ~ig~ Kallestad' s New Vintage. Tickets are $15.00 per person. Tickets.. m~be Netka ' s . '" ~ · Flowers by Helen ' B~ger ~ef . Or call: Ticket ~ai~erson- Co~ie Norstrem - 672&1277, '.Di~e Theis- 672-~1~, or Chic Rem~en ~ 672-6780~ ~7~-72~7 PLEASE REMEMBER : TICKETS .MAY. NOT BE PURCHASED AT THE DOOR'!l! PRESIDENT' S LETTER: ' ' 1982 was 'a 'very difficult year economically formany of. our Chamber members, in spite of these difficult times, this Chamber .survived ~-----------------~%d is on the threshold of a great year in 1983. The fact that the Chamber is. a viable and solid organization at the beginning of 1983 is a credit to the leadership of Jerry Longpre and Chic Remien. My Chamber goals for 1983 include: 1. Increasing. Chamber membership ' 2.'Increasing theparticipation of Chamber members in the Chamber and hence increasing the overall activity of the Chamber. 3. Promoting Chamber concepts and ideas among the various muni- cipalities se~;ed by the Chamber. 4. Meeting our fiscal responsibilities. 5. Developing formal procedures as guidelines for future. Chamber conduct. Be active and participate in the membership drive. Paul Pond, President THE WIRES ARE HOT AT ~STONKA UNION! Stan Kegler, V. P., U. of M., tell of a native American named Many Han . who made many contributions to the work of Thomas Edison. In fact, dur' ~ one of Edison's frequent naps Many Hand solved a persistent filament problem and actually assembled a functioning light bulb. On awakening Edison returned to find the first successful light bulb burning brightly. /fJ~ POST OFFICE BOX 426 · MOUND, MINNESOTA 55364 Absolutely ecstatic, Edison turned to his young assistant and said: "Your great.contribution will always be remembered by this axiom that I proclaim ' Many Hands make light work ~. ", In the mode of .~hat now great tradition and its infallible truth, the Westonka Chamber is conducting its most enlightening and successful membership drive, and nobody is having to do much because many hands are with u~. Your Campaign Committee and Board are involving themselves and all other members and Prospective .m.emb.ers in signing Up and getting signups for 1983.~ -.-~..: Be receptive· when you're invited to get involved. You'll be as excited Edison was, You may even exclaim as the Chief did when Many Hands .came home for a visit and put the new invention to work in the tribal outdoor privy, "Another first for Many Hands; he'.s the first-great American to wire ahead for his reservation:" ~': .... , Our membership goal for 'the Westonka Chamber is 150 or more for 1983. 0nly many hands, including yours, can make. it happen. Then we ' ll have another great'first for many hands·:' Westonka Chamber moves ahead to 150-151{~s a great moving experience! · ~ -~ ~.,. J~hn Burger,· Chair MemberShip ~rive The date is fast approaching foff':,o'~r. Chamber answer.to January Blahs!l have a great committee working with me; Wayne Smith and bls elf have obtained some terrific prXzes and Connie N0rstrem says that.the ~lckets are selling well. You can call me. with quest, tons or to make table reservations at ~72-11~. · 1923.'DUES PA,Ylt~NT" FOR' THE WESTONKA AREA C.C. Individual M~mbership- $35.00, Small '~2siness- Business (5 to 12 ~mployees)-.$150.00, Large Business (over 12 ~.loyees)-. $350:00, l-~jor ~.~mufacturers- $500.00, ~icipalities- $50.00, Service and Non-Profit..Orgarni- zations- $35.00, 2 Part-time employees = 1 full FIKM l~'~ " OONTACT P~o~SON' - . · ADDRESS CITY ziP POST OFFICE BOX' 626 LEGISLATIVE RECOMMENDATIONS 1982 ANNUAL REPORT TO THE MINNESOTA LEGISLATURE The Metropolitan Council is seeking approval in-1983 of legislation that will help it discharge its responsibilities under the state's Waste Management Act in a more economical and streamlined manner. Over the past two years, the Council has made significant progress in carrying out the major tasks assigned to it by the 1980 law. These involve the siting of a landfill for the disposal of sewage sludge ash in the Metropolitan Area, and performing certain overall management functions with regard to the solid waste disposal and abatement programs being implemented by ~he metropolitan counties. The Council believes several amendments are needed in the sludge landfill siting section of the law. These would: 1. Reduce the number of candidate sludge ash disposal sites from six to five. 2. Provide additional funding for preparing environmental impact statements (EISs) on the candidate sites. 3. Separate the sludge ash site EIS process from the Minnesota Pollution COntrol Agency's permitting process. An adjustment in the schedule for completing EISs on the candidate sites is also needed. The Council is now considering a major report on the potential economic and social benefits associated with more extensive interconnection of cable TV ~y~tems in the Metropolitan Area. This report, completed by a special task force formed by the Council in early 1982, has been forwarded to the Minnesota CaDle Communications Board to help the board carry out its rule-making re~pons!bilities regarding regional cable interconnection. The report contains a number of legislative recommendations, including one providing for the Creation of a regional cable TV commission similar in many respects~to existing regional commissions. The Council will convey its cable TV recommendations to the Legislature when the~ Council completes its discussion of the task force.' report on interconnection. In other areas, the Council: SUPPORTS creation of a "Community Reinvestment Fund" designed to stimulate cOmmercial and industrial activity in declining sections of cities across the state. Legislative proposals to establish the loan and grant program have been ~eveloped jointly by the Minnesota League of Cities and the Council. SUPPORTS designation of the Anoka. County Airport in Blaine as an intermediate facility in the Metropolitan Area's airport system. By law,. it is now classed as a minor airport. SUPPORTS alternative revenue sources for costs associated with the operation and maintenance of the Metropolitan Area's regional park and trail system. A'Council study has indicated that more than $10.6 million from non- . local sources is needed to reduce reliance on property taxes for park operation and maintenance purposes. SUPPORTS authorization of $ I~ 5~°~n state bond funds to continue the program of land acquisition and development of the regional park system. SUPPORTS legislation to enable the Department of Natural Resources (DNR) to acquire the section of abandoned Soo Line Railroad right-of-waY from Interstate Hwy. 35E in St. Paul to County Rd. 68 in Oakdale. This legislation is needed to carry out plans for public use of the right-of-way as supported by the cities and counties involved, DNR, the Minnesota Department of Transportation and the Council. KMGLR1, 12~16.82 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 January 22, 1983 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is the proposed new Metropolitan Council Boundaries. They seem to me to be a great improvement over the past. Once approved by the Legislature, the Governor will make his appointments for each district. The population of each is approximately 120,OOO people. JE:fc HOLLYWOOD WATERTOWN I I ~ W&CONIA LAKCTO~v I 1 FI CARV~ CO. YOUNGAM[RICA I aE~TON I ~ I I BURNS OAK GROVE I , q DAYTON CRAM ANOKA ) [[PHAVEN ID LOUISVILLE EAST I[TN[L I I SAN~ CREEK ~ SPBING LAKE I SCOTT CO. t. I I. MILES 1 HELENA ~ CEDAR LAKE LINWOOD CO. HAM LAKE BLAIN[ COLUMUUS rOI[ST LAg[ · FORES1LAK£ '1 I NEW SCANDIA WASHINGTON GRANT CO. SIILLW4T£R I LAKEYILL[ DAKOTA CO, COTTAGE GLOVE LAK£LAND 31 IOSEJ4OUKT NIHINGER tO 15 20 25 GREENVALE CASTLE ROCK I IWAIERFORO I I V£RMILLION I VE.H'LLIOKI I. I MARSHAN I I I N~PION I DOUGLAS I IRAVENNJ I I I TWIN CITIES METROPOLITAN AREA Political Boundaries, 1981 County Boundary Municipal Boundary Township Boundary AGENDA Minnehaha Creek Watershed District January 20, 1983 St. Louis Park City Hall 7:30 p.m. 1. Call to order; present, absent, staff. 2. Reading and approval of minutes of regular meeting of December 16, 1982. 3. Approval or amendment of January 20, 1983, agenda. 4. Hearing of permit applications. A. 80-103 Richard F. Zejdlik - lake setback variance of 40 feet, 4349, 4355 Shoreline Drive, north shore of Black Lake, Spring Park. B. 82-68 William Niccum - channel dredging and rip-rap, Harrison Bay, Lake Minnetonka, Mound. C. 82-111 City of Mound - maintenance dredging to remove material deposited by storm drain, Emerald Lake, Lake Minnetonka, Mound. D. 82-118 Woody Ginkel - grading and drainage for "Creek Point," a 99 unit residential development, Hiawatha Avenue at Minnehaha Creek, Hopkins. E. 83-01 Minnegasco, Inc. - installation of an 8" natural gas line along T.H. 7 from T.H. 41 to Second Street, Shorewood/Excelsior. 5. Correspondence. 6. Hearing of requests for petitions by public for action by the Watershed District. 7. Reports of Treasurer, Engineer and Attorney. A. Treasurer's Report - Mr. Carroll (1) Administrative Fund Report B. Engineer's Report - Mr. Panzer C. Attorney's Report - Mr. Macomber 8. Unfinished Business. A. Rule and Regulation Revision/Chapter 509 B. District Initiated Maintenance Projects C. Bridge Obstruction D. Draft Permit Application Guidelines 9. New Business. ~d~ 10. Adjournment. league of minnesota oities January 4, 1983 TO:. FROM: RE: Mayors, Managers and Clerks Don Slater, Cathy Quiggle Job Training Partnership Act Attached is an explanation of the new Job Training Partnership Act. The Act replaces the Comprehensive Employment and Training Act (CETA) and is designed to provide training opportunities for economically disadvantaged youths and adults, and for displaced workers. The Act contemplates that local elected officials will cooperate with local businesses in the development of an effective employment delivery system and training program. While funds for training will not be available until October 1983, interested city officials should use this interim period to meet with local business people, chambers of commerce, and other local officials. The purpose of these meetings will be to have a delivery system and training program in place by October 1983 so as to be eligible for funding. The enclosed information from the National League of Cities explains the requirements of the program in more detail. If you have any questions, please contact Cathy Quiggle at the League office, 612-227-5600. DS: CQ: 183 universiCy avenue east, st. paul, minnesota 55101 (612) 227-5600 National 1301 Pe~m¥~vania Avenue NW :L Cities (2O2) 626-3O00 Cable: NLCITIES Officers: ' Mayo~, ,~c=.'..ar.,d Nec*'. ~th Ce,~ina Charles S~o~d V~e Mey~, 51. Pa~. M~ta To: From: .Subject: In this issue: (1) MayOrs and Managers of Direct Member Cities (2) Executive Directors of State Municipal Leagues (3) Steering.Committee Members George Gross, Director, Federal Relations ~~ NLCULegislative Letter: 15 October 82 The Job Training Partnership Act On October i3,'1982, President Reagan signed into 'law the Job Training Partnership Act, which replaces the Comprehensive Employ- ment and Training Act (CETA). The new iaw is designed to provide training opportunities for economically disadvantaged youthand adults, and for displaced workers. Following'is a description of the Act. BASIC STRUCTURE OF THE ACT Title I contains administrative provisions, sets up a new delivery system, outlines the contents of the training plan, and defines tSe terminology relevant to employment training programs. Title II(A) authorizes training programs for economically dis- advantaged youth and adults, establishes an inter- and intra-state · allocation formula, and defines the appropriate use of funds; Title II(B) authorizes a summer youth employment program. State operated programs for dislocated workers are authorized in Title III. National programs, operated by the Secretary of Labor for seasonal and migrant farmworkers, Indians, elderly workers, veterans, and the Job Corps, are included in Title IV. Title V contains miscellaneous amendments to the Wagner-Peyser Act Cestablishing the State Employment SerVice) and to Title IV of the Social Security Act (the WIN program). Pest Preside,'ltl: 'rom Bradley, Mayoc Los Ange'e$, Cai,~cr~'.,a * Hemr,/W. Meier, M~yor. MiIv,~%ukee. Wlscffisln · Tom Mood~, Mey~, C~bus Royum, b x~uhve D,r~I~, NFIh O3kola Leag.e 31 .,I,es. Richer~ S. Callgulrl, Mayor P*ttSOuroh Pennsylvan~3 · Me colin Clark Coup, Me~-~- · u c'~a ..;~al~ · Bob Me~i~ez, '. ~,:. %--~e r:o~,3a- Robe~ H MI let E~Cu v- D,;ec ~ ~ h D~ko ~ M~ '~rk. ~rylg~d · ~hur E. TruJillo. M~yc~ S~,'e ~ '.~ Me,.cO · Glorge V. Volnovlch. ~.tyOr. Clevela=d. Omo- Daniel -2- DELIVERY SYSTEM Service Delivery Areas (SDAs) - In FY 1983 the new program will be put in p.lace. Prime sponsors will be phased-out and replaced with Service Delivery Areas. Units of local government of 200,000 or. more population or consortia of contiguous units of local, govern-. ments whuse aggregate population totals 200,000 must request designation by the Governor as SDA's. The Governor may not deny such. a request. Units of government which do not meet these population criteria, but which serve a substantial portion of a functioning labor market'~ may also request designation as SDA's. The Governor, however, may approve or deny such a request.. Private Industry Councils (PITs) - Each SDA must have ~ Private Industry Council. The majority of the PIC must be representatives. from the private sector, including, where feasible, representa- tives of small and minority business. The remaining PIC members must include representatives from educational agencies (including proprietary schools~, rehabilitation agencies, organized labor, community-based organizations, economic development agencies, and the Employment Service. Initially, the chief elected official--or in the case of a con- sortium, by agreement among the chief elected officials--will determine the size of, and appoint members to, the PIC. .In any SDA where 'there is only. one unit of local government with experience in administering job training programs, the chief elected official of that unit shall appoint members to ~he PIC. The mayor will appoint members to the PIC from a list'of nomina- tions submitted by a local general business organization. The number of nominations must exceed the number of slots available by 50 percent. Non-private sector nominees must be'submitted by the appropriate groups to be represented. The PIC selects a chairman from among the private, sector members. PIC members are to-serve for fixed and staggered terms, with vacancies to be filled in the same manner as the original appoint- ments. A PIC may not be disbanded, nor may PIC members be removed, except for cause. Once a PIC is established, it must be certified by the Governor as meeting the 6riteria set forth in the law. Functions of the PIC - Once a PIC is certified, it will receive a one-time only planning grant of up to $80,000 to begin work. In partnership with the chief elected official, the PIC will determine who develops the plan and who will be the recipient of funds and administrator of the program in the SDA. The PIC, the local government or local governmental agency, or any other entity agreed upon by the PIC and the Mayor, may develop the. plan and. operate the program. After the plan is approved by the PIC and' the chief elected official, it must be jointly submitted to the Governor for review, comment, and approval. -3- If the PIC and the chief elected official are unable to reach agreement, the Governor must mediate the differences. If no agree- ment results from this mediation, the Governor must merge the affected SDA into one or more other SDA's. TRANSITION Fiscal year 1983 (which began October 1, 1982~ is .to be considered a year of transition. During this period, employment training programs for the disadvantaged will be. operated under existing CETA law and regulations. At the same time, federal, state,' and local governments will be expected to gear up for implementation of the new law. The law requires the.Secretary of Labor to publish, in final form, rules concerning the establishment of SDA's by January 1, 1983. Rules and regulations, necessary for appointment and certification of tke'PIC must be published by January 15. By March 15, ragulat~ons governing all aspect~ of programs for the disadvantaged must be 'published in final form. PICs are expected to be in place, with agreements between PICs and chief elected officials arrived at to meet the publishing and submission requirements for plan approval, so that operations may begin on October 1, 1983 under the new law. JOB TRAINING PLAN The new law requires development of a two-year job training plan. To address the continual delay in annual appropriations for DoL, Congress established a program year that will begin July 1 follow- ing the beginning of the fiscal year. While the new program will be in operation beginning October 1, 1983, the full two-year.plan will go into effect the following July 1, 1984. This plan, with modifications as necessary, will be in effect through June 30, ].986. To accommodate the requirements of the new law, it is expected %hat Congress will adopt a supplemental appropriation for the first nine months of FY 1983. Congress should also approve a regular appropriation by October 1, 1983, .to be allocated within 45 days of enactment and to be available for expenditure beginning July 1, 1984, thus, in effect, insuring forward funding. The training plan must include (1) identification of the program administrator; (2) a description of the-services to be provided; C3) procedures for selecting and identifying participants and for eligibility determination; (4) performance standards; (5) pro- cedures, for selecting service providers; (6) a budget for the two program years; (7~ a description of methods of complying with the Governor's coordination and special services plan; (8) coordina- tion provisions where there is more than one SDA in a labor market area; (9) fiscal control, accounting, audit, and debt -4- collection procedures; and (10) procedures for preparation Of ~ annual report to the Governor. Modifications of the plan may be submitted as necessary. Review a~d Ap roval of the Plan - The proposed plan, or a summary must be published and made available to the State legislature, local education and other public agencies, and labor organizations. The final plan, or a summary, must be submitted to the Governor for approval.. The 'Governor may disapprove a plan only if it fails to'comply with any of the following criteria: (11 failure ~to take corrective action for deficiencies found in audits or in meeting performance standards; (21 the administrator of the program does not have the capacity to administer the funds; (3) there are inadequate safeguards for the protection of funds; (4) the plan does not comply'with the Act or with regulations; or (5) the plan does not comply with the Governor's coordination and special services plan. A Governor's'disapproval may be appealed to the Secretary of Labor. ~erfOrmance Standards - The Secretary of Labor will develop .performance criteria for evaluating training programs. For adults, the basic measure of success will be an increase'in employment and earnings and a reduction in dependency. Separate criteria will be developed for youth programs and will be based on competencies acquired and on placement and retention in employ- ment. The Governor will have the authority to modify federal standards within limits, based on unique local conditions. Failure to meet performance standards for two years, after receiving technical assistance, will result in a reorganization or replacement of the SDA. ELIGIBILITY CRITERIA FOR PARTICIPANTS For Title II(A) - Participants in ~ear-round adult and youth ~-~i~~g-~ms must be economically disadVantaged. To qualify as economically disadvataged an individual must: (1) receive, or .be a me.mt~.er of a family which receives, cash assistance un~er a federal, state, o~ local welfare program; or ~(2) have or be from a family whose income for the previous six months was at or below the poverty level or 70 percent-of the BLS lower living standard; or (3) be recieving food stamps; or (4) be a foster child on behalf of whom state or local payments are made; or (5) be a handicapped adult whose own income meets the above criteria, but who comes from a family whose income does not; and (6) aged 16 or over'. Up to 10 percent of the participants in training programs for the disadvantaged in an aDA do .not have to meet the income criteria if they' face other barriers to employment, such as limited English- speaking ability, displaced homemaker, school dropout, teenage parent, handicapped, etc. -5- For Title II(B) - Participants in .~ummer youth ~employment programs must be economically disadvantaged Las above), and aged 14 through 21. For Title III - Participants in displaced worker'programs must be 'individuals who have been (1) terminated or laid-off or have received notice of termination or lay-off from employment, are eligible for or have exhausted their entitlement to Unemployment Compensation, and are unlikely to return to their previous industry or occupation; (2~ terminated or on notice of termination because of permanent closure of a plant or facility; or (3) are long-term ~15 weeks or more) unemployed and have limited opportunity for emp19yment or re-employment in the same or similar occupations. FUNDING/ALLOCATION FORMULA · The. only program for which Congress' authorized a specific dollar amount for FY 1983 was the Job Co~ps ($618 million). All other program funds will be determined through the appropriations process in accordance with the Congress's First Budget Resolution. The budget resolution permits an appropriation level between $3.2 and $3.7 billion for FY 1983. The Job Training Partnership Act allocates 78 percent of the total appropriation for state and local programs for the economically disadvantaged--between $2.4 and. $2.8 billion. Funding for the summer program and the displaced worker program is yet to be determined. The allocation formula for distribution among and within the states is the same: one-third of the funds are to be allocated on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment (areas with.over 6.5 per'cent unemploymentS; one-third on the basis of the relative excess number of unemployed .("excess number" defined as over 4.5 percent unemployment); and one-third based on the relative number of economically disadvantaged individuals. No state shall receive less than 90 percent of its prior year funding. The 90 percent "hold harmless" provision does not apply to SDA's. For displaced worker pro.grams, the Secretary shall reserve up to 25 percent of the total appropriation for distribution to States affected by mass layoffs, natural disasters, federal government actions (.such as closing or relocating a federal facility), or for areas of high unemployment or designated enterprise zones. The remainder of the funds shall be divided among the states as follows: one-third on the basis of the relative number of individuals unemployed for 15 weeks or more; one-third on the basis of the relative number of unemployed individuals; one-third based on the relative excess number of unemployed. -6- LIMITATION ON CERTAIN COSTS Seventy percent of the funds made available to SDA's must'be spent on training activities, such as job search assistance, counseling, remedial education and basic skills training, institutional skill training] on-the-job-training.(.OJT), training programs operated by the private sector, etc. The remaining 30 percent is available' for support service (15 percent), such as day care and transporta- tion, and the costs of program administration (15 percentl. One-half of the costs of work experience programs (public sector OJT~ and "try-out" employment for youth will be funded from the 70 percent funds for the first six months of participation in such programs. SDA's which have (a) an unemployment rate three percent above the national average (10.1 percent), (b) child care costs' which, exceed half of the 15 percent allowable for support services, Cc~ transportation costs which exceed one-third of the 15 percent allowable for support services, or (d) a client population which requires more th~n nine months of training, will be eligible for a waiver of the 70/30 requirement. Allowances, wages, and stipends are permissible expenditures from the 30 percent funds, unless a waiver is in effect. Under a waiver, these costs may be paid from the 70 percent funds. 'STATE ROLE 'state Jo5 'Training Coordinatin~ Council - The Governor shall appoint the State Job Training Coordinating Council. One-third of the membership of the State Council shall be comprised of representatives from the private sector, including individuais serving on local SDA PIC's. Not less than 20 percent of the members of the Council shall be representatives of the state legislature and state agencies; not less than 20 percent shail be representatives of units or consortia or units of'general local government to be nominated by the chief elected officials of the -,unit or consortia of units of local government; and not less than 20 percent shall represent the ellgib~e population and the general public, oTganized 'labor, community based organizations an~ representatives of local education agencies. Among its activities, the State-Council shall recommend a 'Governor's coordination and special services plan; recommend substate service delivery areas for those areas which are ineligible for automatic designation or for those areas which are- eligible but do not request such designa.tion; plan resource allocations; provide management guidance and review for all programs in the State; and recommend variations in performance standards. Governor's Coordination and Special Services Plan -. The Gover'nor shall prepare an annual statement of goals and objectives for job training and placement programs within the state to assist in the preparation of the plan for the SDA and the locally-developed plans for the Employment Service. This plan must also cover two program years and must be approved by the Secretary of Labor. -7- Incentive Grants - Six percent of each State's allocation must be reserved to provide incentive grants to programs in SDA"s exceed-. ing their performance standards. Should the Governor be unable to spend the funds, they shall be earmarked for technical assistance to improve the ability of SDA's to meet performance goals. Dislocated Worker Programs - Funds available to the State for this program may be used to pay 50 percent of the cost of training, retraining, job-search assistance, and other related programs designed to assist dislocated workers secure employment. The remaining 50 percent of costs must be non-federal matching funds. States with unemploymgnt above the national average shall have the matching requirement reduced 10 percent for each one percent that State-wide unemployment exceeds the national average. Unemploy- ment. compensation benefits paid to an individual participant may be counted as non-federal matching funds. 'State Education Coordination Grants - The Governor shall provide funds to any State educational agency to provide services for economically-disadvantaged individuals participating in training programs. Such funds shall also be made available to facilitate coordination of education and training services through cooperative agreements between State education agencies and SDA program administrators. As a result of budget constraints, this is the last of NLC's legislative letters in this form. Beginning in November, the same type of legislative information, in briefer form, will be contained in NLC's Nation's Cities Wgekly. CITY of MOUND January 17, 1983 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-11.55 MEMO TO: DAC COMMITTEE. 'FROM: JO~ ELAM, CITY MANAGER It appears that the State Planning Agency is considering expanding its' program of ass'istance for downtown revitalization. Being one who is always on the look for something new and interesting, I put Mounds. 'name in for consideration. If you have any thoughts, please let me know. JE:fc enc. Mmn ..... · In respo~e to. a growing mte~st m downtown revtm~-. tion; ~bf' 'M~ ~Str~et~= activities, the' O~ of Loll Govemmen(is ~6nside0ng anexphnsion 0fits cu~ent M~n Streef pro.ain,T6 help dete~ine ff there is Sufficient inter- est in an expand~ pro.am of this type. the Offi~ h~ sent lette~ of inqui~ to the cities attending the Main Stre~ Conference t~s past fall. In order to assess the -inter~t of other communities, the accompanying form w~ prepared. It sould be filled out' and returned as soon ~ possible by interest~ citi~:~ .'~ ~:'~': .' '~: .... -" :' : .... '~/-' If the Main Street proem i~ expanded, it will resul~in the selection of five pilot c~ties under 50,000 population. It sould be emphasized that the Proposed.program will not be a grant program. It wi~, however, result in a. major training effo~ with techni~l assistance provided to each of the five com- munities, Program effoms will be comprehensive in nature and will make use of the National Main Street Center's four point approach to reviving downtown~organi~tion, de- sign, promotion, and economic restructuring. Selected cities will be expemed to exhibit a strong com- mitment to downtown revitalization on the pan of the pri- vate and public sectors. ~ch city will also have to make a financial commitment toward the program through the io~I provision of a Main Street project manager. The forms below does not obligate titles to any program under consid- eration. Its use is merely to gauge the extent of interest among Minnesota communities. Public" Notice US Army Corps ' ' of Engineers A p plica nt: St. Paul District Mr. William Niccum In Reply Refer to: NCS¢O-RF (83-114-5 ) Date: 14 January ir Exp. Date: 31 January 19uJ Section: 404 1.. Mr. William Niccum proposes to place about 130 cubic yards of clean pea gravel below the ordinary high-water mark of Lake Minnetonka in a private lagoon off Harrison's Bay. The purpose of the project is to improve fish habitat. The habitat improvement would be done in conjunction with. two other projects. One includes ~xcavation of the lagoon and a channel reaching into Lake .Minnetonka. The dredged material would be d~sposed of upland on the lot. The other consists of placing steel sheet pile along the shoreline of the la~ goon to prevent erosion. Neither of these two projects is within the jurisdiction of the Corps of Engineers and will not be discussed further Un this public notice. The legal description of the proposed project is sec. 13, T. 117 N., R. 24 W., Hennepin County,.Minnesota. 2. The above activity requires an individual Department of the Army permit under Section 404 of the Clean Water Act. Therefore, our public interest r~view will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). 3. The attached drawings and information below were submitted by the applicant and form the basis of our preliminary evaluation. APPLICANT'S ADDRESS: Mr. William Niccum 2895 Westedge Boulevard Mound, Minnesota 55364 PHONE NUMBER: (612) 474-9454 or (612) 472-3457 JURISDICTION: Lake Minnetonka is fed by numerous streams and is drained by Minnehaha Creek, which floWs into the Mississippi River, a navigable water of the United States. QUANTITY AND TYPE OF FILL: About 130 cubic yards cf clean pea gravel. AREA TO BE FILLED: In an area of approximately 2,500 square feet. VEGETATION IN AREA TO BE FILLED: with duckweed in the lagoon itself. submerged vegetation. A few cattail in the lagoon entrance The bottom material is muck with no SOURCE OF FILL MATERIAL: Commercial. SURROUNDING LAND USES: Residential, although zoned commercial. ENDANGERED OR THREATENED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT: No threatened or endangered species are known to use this area. NCS For~ 61 15 Mar 82 NCSCO-RF (83-114-58) SUBJECT: Notice of Application for Permit 14 January 1983 This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concern- ing endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. WORK EXPECTED TO BEGIN: Mid-February '1983 WORK EXPECTED TO BE COMPLETED,: March 1983 THE APPLICANT INDICATED THE FOLLOWING STATE AND LOCAL PERMITS HAVE BEEN APPLIED FOR AND/OR ISSUED: Minnesota Department of Natural Resources, #83- 6030, approved 17 Nov 82 Minnehaha Creek Watershed District, applied for 5 August 82 City of Mound, approved 17 Nov 82 Lake'Minnetonka ConservatiOn District, approved 17 Nov 82 NO ALTERNATIVES to the project as proposed were identified by the applicant. However, through the public interest review the Corps of Engineers will try to identify and evaluate possible alternatives to the project. 4. This Public Notice has been sent to the Minnesota Pollution Control Agency . and is considered by the District Engineer to constitute valid notification to hat~.agency for water.quality certification. T~_e Minnesota Pollution Control. gency has i4dicated that it intends to review this project to determine the appropriate action under Section 401 of the Clean Water Act. Any comments rel- ative to Minnesota Pollution Control Agency actions may be sent to: Minnesota Pollution Control Agency · Permits Section Division of Water Quality 1935 West County Road B-2 Roseville, Minnesota 55113 5. We have determined that a Federal Environmental Impact Statement will not be prepared. This determination may be reversed, if warranted, as a result of any new information provided by Federal, State, and local agencies, comments from the public, or any new'information which becomes available. Our preliminary review was based principally on informatidn provided by the applicant, and a preliminary environmental assessment has been made, A final environmental assessment will be prepared 'using comments received and information which becomes available during the public interest review. 6. This public notice is being sent to the National Park Service, the State Archaeologist, and the State Historic'Preserva~ion Officer to determine if %here are know~, cultural resources which may be affected by the described work. Presently unknown archaeological, scientific, or historical data may be lost or destroyed by the work described in the permit application. However, the 'latest version of the National Register of Historic Places has been consulted. and no listed properties (known to be eligible for inclusion, or included in the Register) are located in the project area. NCSCO-RF (83-114-58) SUBJECT: Notice of Application for Permit 14 January 1983 7. Intecested parties are invited to submit to this office written facts, argu- ments, or objections within 15 days of the date of this notice. These statements should bear upon the suitability of the location and the adequacy of the project and should~ if appropriate, suggest any changes believed to be desirable. Com- ments received may be forwarded to the applicant. 8. Any person may request, in writing, within the comment period, that the Coips of Engineers hold a public hearing to consider this application. Requests for the Corps to hold a hearing shall state, in detail, the reasons why a hearing should be held. A request may be denied if substantive reasons for holding a hearing are not provided.. 9. The decision whether to issue a permit will be based on an evaluation of the probable impact of the described work on the public interest. That decision will reflect the national concern for both protection and use of important re- sources. The benefits which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. Ail factors which may be relevant to the work will be considered; among those are conserva- tion, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recrea- tion, water supply, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. No permit wi!l be granted unless its issuance is found to be in the public interest. Ail environmental documents, including any final environmental assessment, will be available for review 45 days after the date of this notice. Anyone wishing to review these documents may contact the District Enginee~ at the address below. 10. All replies should be addressed to the District Engineer, St. Paul District, Corps of Engineers, 1135 U,S. Post Office and CustomHouse, St. Paul~ Minnesota 55101, ATTENTION: Regulatory Functions Branch. FOR THE DISTRICT ENGINEER: 2 Incl WM. L. GOETZ Chief, Construction-Operations Division o o'.~Z - 2/'0~//- I %UlOd SENATOR TAD JUDE District 48 Room 235, Capitol St. Paul, MN 55155 Phone: 612-296-4248 Sena t January 14, 1983 Jon Elam City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Jon: Thank you for your letter before the recent special session concerning the payment of local government aid and homestead credit to cities. I voted against the bill raising taxes and cutting spending .during the last special session, based on my belief that cities were hit harder than other units of local government by mandated spending cuts as well as other concerns I had about the bill. I can understand your reaction to the possible · loss of four of your thirty-five employees. I appreciate your thoughts on this important issue. As a member of the Senate Tax Committee, I hope to effectively advocate the interests of local government in a new state aid formula we devise.~ ~' I've enjoyed representing the City of Mound in the House over the last ten years and look forward to working closely with you even though I will no longer be your official representative in the Senate. Thank you for your thoughts on this important issue. If I can be of further assistance to you in the future, do not hesitate to contact me. Sincerely, Tad Jude State Senator ng