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83-02-0816. MISCELLANEOUS/INFORMATION A. Memo from City Planner B. Letter Regarding Closing of Metro DNR Headquarters C. February Schedule - Humphrey Institute D. Press Release - Dave Durenberger Pg. 312-313 Pg. 314-318 Pg. 319-321 Pg. 322 Page 250 REGULAR MEETING OF T~E CITY COUNCIL 11 January 25, ]983 Pursuant to due'call and notice thereof, a regular meeting of the City Council of the City of Mound, Nennepin County, Minnesota, was held at 5431Maywood Road in said City on January 25, 1983, at 7:30 P.M. Those present were: Mayor. Bob Polston, Councilmembers Pinky Ch~ron, Gary Paulsen ~nd Russ Peterson. Councilmember. Gordon Swenson was absent and excused. Also present were:. City Manager Jon Elam, City Attorney Curt Pearson, Building Inspector Jan Be~.trand, Police Chief Bruce Wold, Water Superintendent Greg Skihner and City Clerk Fran Clark. The following i.nterested citizens were present: Rodney Wilkens, Jay Pete~sen, Frank Livingston, John & Helen Livingston, Jane M. Weisman, Mike and Debbie Netka, Stephen Kepke, Sharon Thiesfeld., Linda..$tahlke, Bill and' Dorothy Netka, Stephen Levin, Gladys Watson, Helen Cole, .To~ Watson', Dan Cummings, Pat Flynn, Roe Miles, Curt Johnson, Mr. & Mrs. John Wagman, Steven Gronwall, George Boyer, Scott Turner, Tom Goulette. . The Mayor opened the meeting, welcomed the people in attendance and lead the Pledge of Allegiance. M I NUTES The Minutes of the January ll, 1983, Regular Meeting were presented for cons.id- eration. Councilmember-Peterson asked that a typographical error on page 2 under Water Me~ers, second pacagraph, be corrected (change' the word then to ~hey). Peterson moved'and Charon seconded a motion to approve the minutes of the J~nuary ll, 1983, :Regular Meeting, as cprrected. The vote was unanimously in favor.' Motion carried. .PUBLIC HEARING - AMENDMENT TO CONDITIONAL' USE 'PERMIT - TOM WATSON Mayor Polston asked the City.Att°rney to explain what actions are proposed to be taken. The City Attorney explained that there are 3 separate applications for the Council's consideration. They are: l. An amendment to the. Conditional Use Permit to allow~--~XPansion of the area for an arcade, dancing and a Class I restaurant. 2. The Dance Permit. 3. 'A Restaurant License. He then e~plained the difference between a Class I and Class II restaurant as defined in the Zoning Ordinance. The City Manager then explained that the Council was given the following additional .information before the meeting tonight: a. Part of the Zoning Ordinance dealing with Conditional Use Permits. b. The 'Incorporation papers for the Electric Light Company. c. 2 additional.letters 'from. c~t|zens agai;nst the amendment. d. A memo from the Building Official. e. The Arcade Ordinance. The Mayor then opened the public hearing and asked if anyone would llke to speak for' or against the amendment. 12 January 25, 1983 TOM WATSON - Explained that he wants this amendment so that he can cater to the young people in town without drugs and liquor. He will have the Police Dept. on duty to help security. W~nts to hold dances 2 nights a week probably Friday and Saturday. He has been open for 1½ years with very little trouble. ROE MILES - Locksmith in town, next to Arcade. Too'dark in the small' parking area by the entrance to the Arcade. Kids congregate, has had tires on a car slashed, kids running all over the roof of Moys and his shop and the Police later found stolen property on the roof. Against the amendment. 'Parking by his shop has impeded his business because he cannot get cars close enough to.his shop to work on locks~ BILL NETKA - owner of apartment building at 2360 Commerce. He stated he has tolerated the Ar.cade for 2 years. During that time the kids have tresspassed on his property,, littered, harassed his 'tenants and there'has been vandalism of approximately $1,000. The business people used to be able to park in the back lot but now don't because of the damage done to their cars by the ~ids. CURT JOHNSON - owners of adjacent office building. Has had cars parked in private parking lot where it is dark and vandalis.m has been happening. Also had a sign damaged. SHARON THIESFELD - has a beauty shop at 5575 Shoreline Blvd. Her customers have been harassed., there is no room for customers to park, the litter.and graffiti are terrible. Is not against the kids'having a place to go but feels it should be in another area.that is less congested. STEVE LEWIN - Minnetrista resident. Agreed it is too dark around the entrance and parking i~ limited there, but there is a largeP area to park across the road. is in favor of the Arcade. STEVE KEPKE - Tenant in apartment building at 2360 Commerce. Has been harassed by the kids when out on the patio barbecuing. Against the Arcade. RODNEY WILKENS -.Felt that with proper supervision and direction from the City Council the Youth Entertainment Center would be' an asset. MRS. WAGMAN - asked about Mr. Watson's Building Permit and why he was doing much more than the permit was taken out for. The City Manager explained that Mr. Watson has taken out a permit for t~e corrected amount of work. done. The City Attorney explained that Mr. Watson proceeded with the extra work at his own risk. The City has given him no assurance that they would grant approval for his dance hall/restaurant/arcade. JAY PETERSON - Stated he saw alot of positive aspects for this facility. It would be a centralized facility, to get together with no liquor or drugs. 13 January 25, 1983 TOM GOULETTE - Mr. Watson's idea would be a positive addition to Mound. Most of the problems that have been encountered have not been while the kids were under Watson's supervision. STEVE GRONWALL - It will be a real nice setup with different things to do. MIKE NETKA - Caretaker of apartment building at 2360 Commerce Blvd. There have been littering problems and harassment of the tenants in the apartment building. Some patrons of the facility have used the apartment building's docks on the Lost Lake Channel which is trespassing. MRS. WAGMAN - Would want to make sure that the sidewalk on Shoreline Blvd. in front of Moy's Restaurant was not a congregating place for the kids. The Mayor asked if Mr. Watson would like to address any of the above statements. TOM WATSON 1. There would be no problem in front of Moy's because the entrance to his facility is off of Auditor's Road. 2. Mr, Miles insists on taking the parking places that Mr. Watson rents from Mrs. Moy. There are actually very few cars that use the parking lots for his facili.ty. Most of the kids either walk or ride bikes. 3. He too has'had some vandalism, but nothing out of the ordinary. 4. He has brought the building up to code as it should, be. There are always bad things to say about anything. 5. If someone trespasses by using a private dock, the owner can call and have the boat towed out. There is a 6 foot fence that was put up on the apartment building property and why would anyone want to dock their boat there and climb over the fence. 7. The stolen merchandise on Moy's roof had nothing to do with the Arcade. 8. The trash around.the Arcade is picked up on a regular basis. The Mayor closed the public hearing. He then stated that the Council should make a decision based on the facts as they exist and not allow emotionalism to determine the outcome. Councilmember Peterson asked Mr. Watson what Howard Thompson has to do with the operation. Mr. Watson replied that he owns the arcade machines, leases them to him and they split the profit. The Council informed Mr. Watson that they have the Incorporation Papers for the Electric Light Company and Mr. Thompson is listed as an incorporator. Mr. Watson replied that Mr. Thompson has not been connected with the corporation since December 10, 1982. Mr. Watson then submitted a paper from Mr. Thompson stating that he resigned from,]The Electric Light Co., Inc., as an incorporator and member of the Board of Directors on December 10, 1982. The paper was not notorized. The City Attorney then explained to Mr. Watson that the Council cannot issue licenses in sensitive areas, such as young people, if there is a person of questionable character involved in the operation. According to the Police 14 January 25, 1983 Department investigation of the original applications which listed Mr. Thompson as having a financial interest in the business, it was found that Mr. Thompson had I felony conviction , 4 misdemeanor convictions (including possession of marajuana), 15 traffic violations and outstanding warrants for his arrest. The point being that if Mr. Thompson has money in the operation, the ordinance prohibits the Council from issuing licenses. The City Attorney then read Subdivision 6 of Chapter 36 of the City Code, "lneligi.bility for license. Existence of any of the following conditions shall render the applicant ineligible for a license. (2) If the applicant, manager, or persons owning the licensed activity: (a) is not a persons of good moral character and repute ..... " Mr. Watson then stated that he has no contracts with Mr. Thompson and that Mr. Thompson has no controls over the Arcade. Mr. Watson stated that he has had 3 different suppliers of machines since he was issued the Conditional Use Permit and he could change suppliers. The Mayor then read the proposed conditions for approval. Councilmember Peterson suggested that maybe Mr. Watson could have 2 Police Reserve Officers patrol the outside area during the dances. He suggested that no dances be held prior to a school day. He also asked Mr. Watson how many people would have to attend to break even. Mr. Watson replied he thought about 200 would have to attend to break even. Peterson then suggested a 60 day trial period because he thought the -idea has merit and Watson has good intentions. The City Attorney then cautioned the Council about granting a temporary 60 day license because there are all kinds of problems if the Council then wanted to revoke the license. Mayor Polston then read the Criteria for Granting Conditional Use Permits, Section 23.505.1 of the Zoning Ordinance. Councilmember Charon stated that she would have to vote no as long as Thompson is in anyway involved. Mr. Watson asked if he should change suppliers. Councilmember Peterson stated that the Council could table this until Watson gets a new supplier of machines. Mayor Polston stated he couldn't support the dance hall now or next week because he doesn't feel locating this facility in the Central Business District is correct zoning. Councilmember Paulsen stated that as long as Mr. Thompson is involved in the business, he could not support an action to approve. By the machines remaining, Mr. Thompson is still involved. The paper submitted by Watson regarding Mr. Thompson's resignation was not notorized. 15 January 25, 1983 Mayor Polston asked if there was an action the Council would like to take. Councilmember Peterson stated that if it is proven the lh0mgs0n is not involved, he would probably be for the amendment. Mr. Watson stated that'he could change suppliers and Lieberman coul~supply the arcade machines. He also stated that he would supply proof that Mr. Thompsbn is not involved with the Arcade. Mayor Polston moved and Peterson seconded a motion to deny the.amendment to the Conditional Use Permit for the following reasons: a. it will be injurious to the use and enjoyment of other property in the immediate vicinity. b. The use is not reasonably.related to the ove~l~lall needs of the City and to the existing land use. c. The use will cause traffic hazard or congestion. d. Existing uses adjacent will be adversely affected because of curtailment of customer trade brought about by inltrusi.on of noise to the downtown business district. e.The use would not be in the best interest of the surrounding area or the community as a whole. The City Manager reminded the Council that according to the Zoning Ordinance, "No application for a conditional use permit shall be resubmitted for a period of one year from the date of said order of denial" CounciimembeF Peterson wi'thdrew his second. Charon moved the following motion.' Grant approval of the amendment to the Conditional Use Permit .for a dance hall and restaurant stipulating the proposed conditions of approval on page 97 & 98 of the Council Packet and adding #17, "That proof be given to the City that Mr. Thompson is not involved with the operation". Also approving the expansion from 700 square feet to approximately 4~000 square feet and making the plans for'the expansion Exhibit A of the Conditional Use Permit. The motion died for lack of second. There was considerable discussion about Resolution #82-277 which extended Mr. Watson's hours of operation and whether it should have included an expansion of this operation. Charon moved and Paulsen seconded a motion directing the City Attorney and Staff to prepare a resolution amending the prior conditi~c~p~l use permit incorporating the plans, specifications, findings and colons. The vote was unanimously in favor. Motion carried. The Mayortsuggested that #7 on the Agenda be taken up at this time because the people ~nvolved have waited for some time. The Council agreed. LIVINGSTON AGREEMENT - RESOLUTION #82-249 Ms. W~isman was present representing Mrs. Wagner who is purchasing the subdivided property from Mr. Livingston. Mrs. Wagner would like to add a detached garage to the cottage property. The Agreement, "Exhibit A", which was added to Resolution #82-249 approving the subdivision stated that, "No additions, second floor or other improvement will be made to the cottage unless the new owner puts in a separate sewer line to serve the structure". 16 January 25, 1983 ~/ Since the detached garage has no plumbing, she would like t atement added to the agreement which would allow her to add the deta~ed garage. Charon moved and Peterson seconded the following motion'to'amend the Agreement incorporated into Resolution #82-249 adding under c. "This agreement shall not prohibit the addition of a detached, garage,'. The vote was unanimously in favor. Motion carried. PUBLIC HEARING - DELINQUENT UTILITY'BILLS The Mayor opened the public hearing and asked if anyone present would like to be heard in regard to an¢ of the delinquent water and sewer bills proposed to be shut-off. There were none. The Mayor closed the public hearing. Charon moved and peterson seconded the following resolution. RESOLUTION #83-19 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $3,241.66 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THESE DELINQUENT ACCOUNTS The vote was'unanimously in favor. Motion carried. PARK COMMISSION APPOINTMENTS Charon moved and' Peterson seconded the following resolution. RESOLUTION #83-20 RESOLUTION APPOINTING CHERYL BURNS AND ART ANDERSON TO THE PARK COMMISSION - TERMS TO EXPIRE DECEMBER 31, 1985 The vote was unanimously in favor. MOtion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from citizens present. There were none. CITY 'WATER SYSTEM - GEORGE BOYER George Boyer, from Hickok & Associates, was present with an 1983 Update on Water System Improvements for the City of Mound. He reported that with Tonka Corporation leaving, it changes thel.r recOmmendations from 1977 because that reduces the water usage by 200 million gallons per year. Therefor% the ground water sources are adequate thru the year 2000. Mr. Boyer also submitted a separate report on Island Park water sour'ce alternatives. They are as follows with preliminary cost estimates: 'IP-1 a. New Hinckley Well b. Well Pump c. Pump House (complete) d. 250,000 gallon standpipe $110,OOO 10,000 60,OO0 14o..,oo0. $320 ,OOO This is not being recommended because of very poor water quality and the possibility of also having to put in a water treatment plant for the objectionable water quality. 17 January 25, 1983 IP-2 a. Booster Pump Station b. 2,700 L.F. - 8" DIP c. 250,000 gallon standpipe a. Booster Pump Station b. ~,7OO L.F. - 8" DIP $ 52,000 67,5OO 140,OOO $247,5O0 $ 52,000 67,500 $119,500 Both IP-2 and IP-3 h'ave distribution system improvements, Consisting of a new 8 inch line from Shoreline Blvd. to the corner of Wilshire Blvd. and Emer~l~ Drive. This would be required in order to provide sufficient flow qua~ltity at the booster pump station. IP-3 and IP-2 are essentially the same except that the 250,000 gallon 'standpipe-is not on IP-3. The City Manager reported that IP-2 could be done in stages and probably would be done using reserves instead of water revenue bonds. George Boyer stated that the new mains and.the booster pump station will help the pressure problem on the Island. NO action was taken. The staff will proceed with plans and specifioations in order to go.for bids in the Spring. \. SET DATE'- 1983 CITY BOARD OF REVIEW The City Manager reported that the County has suggested that the City Board of Review be held on Tuesday, May 31, 1983. That Tuesday is the 5th Tuesday of the month and would be fine with'the Staff if the Council feels it is alright. Charon moved and Peterson seconded a motion to set the date for the 'City Board of Review for Tuesday, May 31, 1983, at 7:30 P.M. in the Council Chambers. The vote was unanimously.in favor. Motion carried. ORDINANCE AMENDMENT - PARKING ON ISLAND VIEW DRIVE Police Chief Wold expla'ined that he is pr~posingno parking on both sides of Island View Drive from Radnor Rd. to Manchester Road. The reason being that this area is a big hill with a very hazardous s'loPe and the hill is hard'to drive up and when vehicles are parked on it only one vehicle can get through. When two vehicles meet they could easily hit each other. Peterson moved and Paulsen seconded the following. ORDINANCE #445 AN ORDINANCE AMENDING SECTION'46.29 (al, SUBSECTION 24 OF THE CITY CODE BY ADDING "NO PARKING ANYTIME BOTH SIDES' OF ISLAND VIEW DRIVE FROM RADNOR ROAD TO MANCHESTER ROAD" The vote was unanimously in favor. Motion carried. 18 January 25, 1983 ANNUAL GAMBLING & ENTERTAINMENT PERMITS - RENEWAL Charon moved and Peterson seconded a motion approving the renewal and issuance of permits to the following: A Gambling Permit to American Legion Post #398, 2333 Wilshire Blvd. Permit period from February 1, 1983 through January 31, 1984. An Entertainment Permit to the Three Points Tavern, 5098 Threat Points Blvd; Permit period from February 1, 1983 through January 31, 1984. The vote was unanimously in favor. Motion-carried. PAYMENT REQUEST - PERKINS LANDSCAPING The City Manager reported that a payment request from $10,958,43 has been received from Perkins Landscaping.for work that has been completed in the Mound Bay Park ImprovEment Project. Charon moved ~nd Peterson seconded a motion to approve Payment Request #2 in the amount of $10,958.43 to Perkins Landscape ~or work completed in the Mound Bay Park Improvement Project. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Charon moved and Peterson seconded a motion to approve the payment of bills as presented On the pre-list, in the amount of $99,234.14, when funds aFe available. A roll call vote was 3 in favor with Mayor Polston abstaining. 'Motion cbrried. SET DATE FOR PROPOSED USE HEARING OF 1983-84 HUD FUNDS Peterson moved and Charon seconded a motion to set the date for the Proposed Use Hearing for 1983-84 HUD Funds in the amount of $92,822, for Tuesday, February 22, 1983. The vote was unanimously in favor. Motion carr|ed: INFORMAT'ION/MISCELLANEOUS A. January Calendar for the Hubert H. Humphrey Institute of Public Affairs. B. Letter from the City of Orono and Lake Access Parking Agreement. C. Westonka Chamber of Commerce "Chamber Waves" - January - 1983. D. Metro Council's 1983 Leglslative Program - Annual Report E. PropOsed Metro Council's District Boundary Lines. Fo Letter from Councilmember Swenson regarding actions taken at the January 11, 1983 Council Meeting. G. Minnehaha Creek Watershed District - Agenda - January 20, 1983. H. Job Training Partnership Act Materials for the League of Minnesota Cities. I. "Main Street News" Report. J. Public Notice - U.S. Army.Corps of Engineers. K. Letter from Senator Tad Jude. 19 January 25, 1~83 Polston moved and Charon seconded a motion to adjourn at 12:20 A.M. was unanimously in favor. Motion carried. The ~ote Jon E)am, City Manager Fran Clark, City Clerk ~ILL5 ..... JAHUA~ Z~, I~O~ F.H. Bathke Bill Clark Standard Continental Telephone D i ctaphone Dept of Property Taxation Empi re Crown Auto Fire Control Extinguisher Henn Co. Sheriffs Dept The Hozza Assoc. Iten Chevrolet Illies& Sgns The Laker Sharon Legg Lowel 1 s League of MN Cities Lakeland Cablevi sion McCombs Knutson Wm Mueller & Sons Mpls Oxygen Mi nne'gasco City of Mound Metro Waste Control M.F,O.A. N.S.P. Navarre Hdwe N.S.P. Perma-Top Planning & Devel.op Spring Park Car Wash State Bank~,'of Mound Specialty Screening State of MN Treas City of St, Petersburg State Treas II II II Stern Levine 20th Century Plastics Village Chevrolet Wurst, Pearson, Hamilton Xerox Corp R.L. Young.dahl Griggs Cooper & Co. Johnson Bros. Whl Liq MN Distillers Old Peoria Ed Phillips & Son 10.35 Bor'chert Ingersoll 7,500.00 4,188.O7' Baldwin Supply 104.88 1,100.63 Holly Bostrom 189.00 78.48 Burger Chef 25.00 40.00 Davies Water Equip 263.64 12.95 John Ewald Ill 26.85 189.05 Jon Elam 50.18 32.36 Forestry Suppliers 94.92 150.00 First Bank Mpls 4.00 107.87 Govt Training Service 35.00 2,750.50 Henn Co. Chiefs Police Assn 15.00 54.14 Hawkins Chemical 244.75 42.73 Wm Hudson 30.00 235.00 Identi Kit Co. 360.00 105.OO Internatl Assn Chiefs Police 25.00 4,355.00 Internatl Confr Bldg Offcl 224.75 2,207.00 Kustom Electronics 163.45 325.65 K Mart 141.84 36.73 Doris Lepsch 45.00 1,795.40 League of MN Cities 30.00 50.40. LOGIS 1,177.69 2,524.50 MN State Fire Chiefs Assn 50.00 210.O0 MN Rescue & First Aid .15.O0 1,921.89 Metro Waste Control Comm 26,126.47 118.95 MN Curriculum Serv 60.00 193.12 Natl Fire Protection Assn 16.00 35..00 Natl Office Systems '316.11i 1,549.OO NW Bell Tele . 72.80 95.70 N.S.P. 4,192.15 5.10 Otsen Chain & Cable 39.98 72.00 Pitney Bowes Credit 26.00 10.00 Paper Calmenson 314.40 5.00 Power GrouP Products 136.97 557.83 Repro Printing 120.04 15.00 Suburban Community Services 831.75 5.00 St. Boni Farm Store 4.50 645.00 Specialty Equip Co. 3,658.50 4.85 T & T Maintenance 30.85 16.73 Title Insurance 720.99 4,938.14 United Fire Fighters Assn 25.00 768.48 Western Area Fire Train Acd 1,241.00 1,863.40 Widmer Bros. 2,810.50 Xerox 82.72 4,716.92 Chris Bollis 48.60 2,098.25 1,154.34 1,767.53 3,487.84 TOTAL BILLS 99,234.14 Abdo, Abdo & Eick 720.00 Acro Minnesota 63.67 Appl ebaums .. 16. Air Com~") ~ ~ 96.~ REGULAR MEETING OF THE CITY COUNCIL 2O February 1, 1983 Pursuant to due call and notice'thereof, a regular meeting of the City Council of the City of. Mound, Hennepin County,' Minnesota was held at 5341Maywood Road in said City on February 1, 1983, at 7:30 P.M. Those present were: Mayor Robert POlston, Councilmembers Pinky Charon, Gary Paulsen and Russ Peterson. Councilmember Gordon Swenson was absent and excused.' Also presen, t were: City Attorney Jim Larson, City Manager Jon Elam, Police Chief Bruce Wold, City Clerk Fran Clark and the following interested citizens: Roe Miles, Tom Helget, Stephen Kepke, Gerald Babb, Bruce Charon, Mr. & Mrs. Netka, Russ Falness, Roland Beach, Pat Flynn, Steve Gronwall, Rodney Wilkens, Tom Watson. The Mayor opened the meeting, welcomed the people in attendance and lead the Pledge of Allegiance. He then thanked the Girl Scouts who provided the cookies for the evening. TOM WATSON -'AMENDMENT TO CONDI~I'ONAL USE PERMIT The City Attorney stated that they have prepared a resolution as was directed by the Council at the last meeting. This resolution has incorporated certain findings that the Council is required to make when considering a conditional use permit. The'criteria for these findings is found in the Zoning Ordinance Section 23.505.1. The City Council may now adopt the resolution that has' been prepared .and add. or delete Conditions as they wish. It was th~ Attorney's recommendation that if the council decides to adopt other than what was directed to be drawn up that they would direct the City Attorney to prepare it for the Council's consideration. Mr. Watson submitted a Certificate of Amendment of Articles of Incorporation for the Electric Light Company to the City Council. The Mayor stated that the public hearing was closed but that the CoUncll would be willing to allow anyone who wished to speak. There were no comments, He then stated that the Ci.ty Council has received two more letters this week against the Arcade. All Councilmembers were given copies tonight. Councilmember Peterson moved and Paulsen seconded a motion directing the City Manager and 'the City Attorney to prepare a resolution of denial for the Tom Watson conditional use permit amendment, incorporating the provisions of the draft resolution that was considered by the Council and prepar!ng findings to set forth the reasons for denial. This resolution to be returned to this Council f6r final consideration at the meeting February 15, 1983. · '~D'i'scussion"-followed. Councilmember Peterson stated that he has spoken to · a number of people this last week with regard to "youth centers" and one of those was the Chief of Police in Stillwater. Stillwater had a similar 'facility that was open for 6 years but has been closed for approximately 5 years now. It was run by a responsible individual. It had some problems with liquor and drugs being brought in by kids from other areas and ultimately closed because of lack of attendance. The problem with Mr. Watson's proposal is that this would not just be a facility for Mound 21 February 1, 1~83 teenagers but would command attendance from miles around and a potential for many problems. Councilmember Charon commented that since Mr. Watson is currently in violation of his current Arcade License, she could not see why we were even considering an amendment to his conditional, use permit. She stated that maybe the Council should be considering revocation and that would have been her motion. She doesn't care what papers Mr. Watson brings in, she still believes Mr. Thompson is involved 'and'the only way Mr. Watson can prove differently is to show up in Police Chief Wold's office tommorow morning giving the City a release to investigate his (Mr. Watson's) financial background. .Councilmember Paulsen agreed and commended Councilmember Peterson on his stand. Mr. Watson stated that he is going to have Twin City Novelty Corp. supplying his machines. A roll call vote was unanimously in favor. Motion carried. The Council then discussed what shOuld be done about the Mr. Watson's current violations of his Arcade License, etc. The City Attorney suggested a 2 level approach. First, have theChief of Police and the City Manager develop a set of facts outlining the various violations that have occurred and allow Mr. Watson access to this list of charges and violations. Second, would then be the setting of a public hearing so Mr. Watson has the opportunity to respond to the specific charges and allegations being brought with respect to his licenses. Charon moved and Paulsen seconded a'motion directing the Staff to cOnduct an investigation and finding of facts and then, based on those facts, make a recommendation to the Council on the possible action the Council should take with regard to Mr. Watson's licenses and conditional use permit. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM.CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from citizens present. There were ~one'. STATUS OF WATER METERS The City Manager.reported that he feels there is a solution to the problem of the stuck meters and the Water Superintendent, Greg Skinner was there to explain. Greg stated that of the'120 that were stuck, they are down now to 77. Neptune has agreed to replace all the bad registers with. the new type registers for a small fee. This fixing up program will be less costly than rewiring the entire town. This program will also help the financing for the improvement of the Island Park water service. 22 February 1, 1983 PRIVATE INDUSTRY COUNCIL Mayor Polston explained that he has received a memo from Don Ulrlck asklng that the City Council support him as the Private Industry Council representative from this area. The PIC group is being formed as part of the Jobs.Training PartnershipAct and will assure representation of educational agencies within each service delivery area. Polston moved and Paulsen seconded a motion directing the City Manager to send a letter,.recommending that Don Ulri-ck be appointed as the'Private Industry Council representative from this area. The vote was unanimously i'n favor. Motion carried. INFORMATION/MISCELLANEOUS' National League of'Cities Congressional-City Conference - This conference .will be held March 6 thru March 8. 'Th~ City Manager suggested sending the Mayor. The Mayor asked if any of the other Councilmembers would like to attend. Charon moved and Peterson seconded'a motion authoriZng the Mayor and the City Manager to attend the National League of Cities Congressional- City Conference in Washington D.C. The vote was unanimously in favor. Motion carried. Metropolitbn'Council "Review" - January 21, 1983 LegiSlative Bulletin - League of Cities - Summary of Major Bills Ind. School Dist. #277 - School Board Minutes - January 10, 1983 Meeting January 17, 1983 Meeting E. February, 1983 Calendar F. "LPA News"- January Local Planning Assistance Newsletter G. Twin Cities Labor Market Information -'January 1983'. H. Miscellaneous L.M.C.D. Information - Gray~s Bay OUtlet Control Report and an article on the "Lake Lovers Ball" to be held February'lO'at Lord Fletcher's. I. Legislative Program Approved the the Association of Metropolitan Municipalities Membership 1983-84. CHANGE OF MEETING DATE The City Manager suggested that becuase there doesn't seem to be anything pressing for the February 8 Agenda that the Council might want to cancel that meeting and hold a meet!ng after the joint meeting with the Planning Commission on February 15, 1983. Paulsen moved and Peterson'seconded a motion to change the meeting date for the regular meeting on February 8, 1983 to February 15, 1983. The vote was unanimously in favor. Motion carried. February l, 1983 The City Manager then brought the Council up to date on a couple of storm sewer situations and some administrative items. Mayor Polston .suggested that the City formulate a formal street light policy. The City Manager stated he would send letters to some other communities and see how then handle their street light policy. Paulsen moved and Peterson seconded a motion .to adjourn at 8:55 P.M. vote was'unanimously in-favor'. Motion carried. The Jon Elam, City Manager Fran Clark, City Clerk o#ouo t, t Case No. 83-100 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of January 31, 1983: Board of Appeals Case No. 83-100 Location - 1972 Shorewood Lane Legal Desc.: Lot 19, Block 2, Shadywood Point Request: Variance and Administrative Appeal Zoning District: R-1 Applicant: Bruce W. Larson 1968 Shorewood Lane 472-2686 The applicant is requesting that he wants to use the structure on the property as an accessory building in his letter attached to the variance application. Pursuant to the Zoning Ordinance definition 23.302(2) an "Accessory Use or Struc- ture - a use or structure or portion of a structure subordinate to and serving the principal use structure on the same lot and customarily incidental thereto". Pursuant to Section 23.407(1) "No accessory building or structure shall be con- structed on any residential lot prior to the time of construction of the princi- pal building to which it is accessory". Section 23.604.4 Permitted Accessory Uses - Within any R-1 District, the following uses shall be permitted accessory uses: Garages Fences Gardening and other horticultural uses where no sale of products is conducted on the site. One lodging room per single family dwelling Lawn, garden and utility building Recreation Equipment Open off-street parking space not to exceed three spaces per dwelling Private docks, in accordance with Lake Minnetonka Conservation Dis- trict ~egulations. Recommend: I would like to give you some background on my dealings with this property. I received a complaint last Spring regard?ng the condition of the mentioned structure. On June 14, 1982, I wrote a letter to the then owner, Henry Stefan, to remove the structure. I then heard from Tim Heyman, Real Estate Agent, who was selling the property and requesting a vacation of a portion of a City street lake access to make the lot size conforming (9800 square feet instead of lO,O00 square feet re- quired). The Real Estate Agent then informed the City not to pursue the street vacation because the property was sold to the neighbor, Bruce Larson. When Mr. Larson brought in the requested variance, I mentioned to him that he could not have an accessory building without a principal struc- ture; also the structure was in very poor condition. It is leaning into the lake with no adequate frost protection; it is served with sewer which is not necessary for an accessory building and should be disconnected; the well should be checked; improper plumbing; support joists (floor) are rotting. The loft area has a low ceiling with step- ladder, no supports over windows, heating appliance not installed to meet code. Square footage is 460. Jan Bertrand Building Official Case No. 83-100 Ge'Se No. 83~100 Variance:and Administrative Appeal for 1972'shorewood Lane 'Lot 19, Block 2, Shadywood Point..· Bruce Larson, applicant, was presentand also Dorothy Gerard of'1960 Shorewood Lane. The Bui.lding Official explained the. Administrative'Appeal was because she had reques, ted the structure'which l's-nonconforming and l..n very poor condition to be removed..Mr; 'Larson-~s.:request Is to use the structure as'an accessory building;' proposed use of the'structure was not.stated. The Code states" .... ..structure subordinate to and serving the principal use structure on the same lot and customarily i.ncldentat thereto." To be an accessory to his present home, the lots would .have to .be combined. -Mr. Larson wants touse the.structure for..the next few. years,'would.put beams in to ~upport..the.front..and.make'it safe... He does .not wish to.combine the lots. He stated that the structure.had been there for 25 or 26 years, but'has not been used for over ten years. HiS.Wife had made the complaint, but only because no one ever took care of the property.except.themselves. Ms. Gerard commented years ago"..a permit was taken out'f°r.a boathouse and a house Was constructed instead.' The Planning'Commission discussed the request. The structure is t~o.close'.to.lake and nonconforming~ .Former owner was to have- removed the structure. One.Commiss'loner. quoted a similar case where.they had had. to post a bond to -insure rembval of the structure.. Je'nsen. moved and Reese seconded .the motion that the Plan~ing CommisSion ~e- commend .that·the City'Council deny the variance and the administrative appeal. -The vote was unanimously in favor.' Mr. Earson s~ated he would be'out of town when these items would.come up and would.not appeal· the denial to the City Council. I, x_U .... il CITY OF MOUND ~ll~! -. ~ :'~4PPLICATION TO PLANNING & ZONING COMMISSION ~ti~'"~ ~'j:;~ .,.,..~-~,~.L~i]DI ~}:~ (P1 ease type the following information) 2. Legal Descriptl.on of Property: 'Addition -~/~ ~ ~' ~ c~a o c~ 3. Owner's Name.T/~/2 ~ Q ~ Cu. Address · CASE NO. 83- 1 O0 l/ Fee paid .3~-.o~ 4. Applicant (if other than 'owner): Name Day Phone No. Address 5. Type of Request: f other, specify: (~'Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review " ( ) Wetland Permit ( ) P.U.D. ( ) Amendment ( ) S'ign Permit ( )*Other .- ~, Present Zoning District R 7. Existing Use(s) of Property Nas an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? L/)~_~ If so, list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entr~ in or upon the premises described in this application by any authorized official of the City of Mound for the' purpose of inspecting, or of posting, maintaining and removing such notices as may be requi~ ~-~ Signature of Applicant , ~-~, ~ Date /.~ Planning Commission Recommendation: Date Council Action: Resolution No. Date Request for Zoni.ng Variance Procedure 83-100 (Z) Case # .D. Locati°n of: Signs, easements; underground utilities, etc. E. Indicate North compass direction F. Any additional, information as may reasonably be required by the City Staf~ and applicable Sections of the Zoning Ordinance. III. Request for a Zoning Variance A. All Information below, a site plan, as described In Part !1, and general C, .Do the ex.lstlng-structures comp]y, with adll area~height.and bulk. regulations for the ·zone district in'which i't.is.]ocate/d?~. No ',( ) ' If ;'no", spec[fy'each non-conform,rig use: ~_~,~.lc[- De.- ~~ O.. ~h'ch unique physical characteris(ics of thin'ct p4perty preven~ its ~easona~]e use for any of the .uses .permitted in that zoning distrlct~ ( ) .Too narrow (.) Topography ( ) Soil ( ) Too. small ( ) Drainage.. ( ) Sub-surface ( ) Too shallow ( ) Shape' ( ) 'Other: Specify: application must be provided before a hearing will be scheduled. Does the present use of the property' conform to al ! use regulations for the z6ne dlstrict In .which It Is located? Yes ( ) No (~j' If "no", specify ea~li n'on-conforming use: E..Was the hardship described above'created by the action of anyone having property interests-in the la~d after 'the Zoning Ordinance was adopted? '' Yes (.) No '( ) If yes, explain: F. Was the hardship created by'any'o,the~j: man-made change', such'as the reloca- tion of a road? Yes ( ) No~ If yes, explain: Are the conditions of hardship for'which:you request a vari~s~ce peculiar 'only to the property described in this petition? Yes ~ No ( ) If no, how many other properties are similarly affected? H..What is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) Will granting of the variance be materially detrimental to'property in the same zone, or to the enforcement of this ordinance? December 21, 1982 CASE 83-10[ THE JOHN HENRY COMPANY BRUCE I. ARSON Mound Planning Commission 5341 Maywood Road Mound, [v~ 55364 Attn: Jan Bertrand My plan for the building lacated at 1972 Shorewood Lane, Mound, I~N is to level and secure it by replacing the beam on the' lake side and whatever else is necessary. We plan to paint it the same color as our house next door and repair all windows, doors and etc. It will be used as a accessary building during the summer months for the next few years. ~here will not be anyone living in it full time nor will it be rented. Very truly yours, /Bruce W. Larson ~_~a____-~ 1968 SHOREWOOD LANE, MOUND, MINNESOTA 55364 612/472-2686 Case No. 83-101 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of January 31, 1983: Board of Appeals Case No. 83-101 Location - 2340 Fernside Lane Legal Desc: Lots 16 & 17, Block 3, Shirley Hills Unit A Request: Zoning Map Amendment Zoning District: R-2 Applicant: Dave Moore and Rick Illies P.O. Box 15 Navarre, MN. Phone: 471-8457/932-9513 The applicant is requesting that the zoning district in which his property lies be changed from the R-2 single family 6,000 square foot of lot area to R-3 single and two family, 6,000 square foot of lot area per living unit zoning district. He would then like to remodel the existing walkout structure to allow for a duplex rental of the house. He has attached a site drawing with his application. Pursuant to 23.504.1 which states "Zoning Amendments shall not be issued indis- criminately., but shall only be used as a means to reflect changes in goals and policies of the community as reflected in the Comprehensive Plan or changes in conditions in the City." The R-3 and R-4 zoning districts to each side of County Road 15, to the north of the property in question, are designed to be buffer zones to the single family R-2 and R-1 proceeding to the south. The Code Section 23.610.5 for lot area, width and yard requirements for the R-3 district (or R-2) will be met even if a two car garage would be attached. Recommend: The Zoning District line running west to east is somewhat of an arbi- trary line with no natural boundaries such as streets, railroad, lake, etc. The present use of the area when I toured the block, tended to be single family homes. The planned use of the district was R-2 under the previous Zoning Ordinance. If we are to seriously consider a Zoning Map Amendment, ~ feel we should probably re-zone going south on Fernside to Bartlett Boulevard, then proceed east on Bartlett to Montclair (adjoining the B-2 district) then proceed west from Montclair on Shoreline to Fernside and return to the beginning. Although the original platting of the area would not allow one lot (parcel) large enough for a two-family dwelling, the present trend seems to indicate higher density housing and /or conversions from single family homes to two family homes. If the Planning Commission recommends approval, the City Council at their February 1st meeting could set a public hearing. A sug- :gested date for the public hearing would be February 22nd. Jan Bertrand Building Official JB/ms Dave Moore and Rick Illies Case No. 83-101 Case No. 83-101 Zoning Map Amendment'for .2340 .Fernside Lane Lots 16 & 17, Block 3, Shirley Hills.Unit A Dave Moore and Rick Illies were present. The applicants are requesting ~he Zoning District for Lots 16 and 17, Block 3, Shirley Hills Unit A be changed to R-3 from R-2 so that the existing structure can be remodeled for ~ duplex. The abutting properties on north are zoned R-3. The Building Inspector explained that there really isn'-t a natural boundary for the zoning and, if you're going to consider rezoning, her recommendation would be to include the area going south On Fernside to Bart'lett, then East to Mont- clair.~ from Montclair west on Shoreline to Fernside and back to beginning. The Planning Commission discussed whether ground floor space would count as habitable space? (One room on ground floor would not be counted as habitable.) Number of'' doors and size of windows were questioned? Would parking area met the require- ments? (There is parking for more than 4 cars.~) The applicants' remodeling plans include putting in larger window ~nd proper d~or downstairs; plans on having one unit upstairs of approximately llOO square feet and one down'of 800 square feet. The Building Inspector stated that 1. door in each unit iS all that the Building Code requires. The Chairman stated that the main issue is how the Planning Commission would li''~ to handle the request for a change of Zoning District? ' ' Byrnes stated that since there a. re very nice single family home on Bartlett (R-2 Zoning), he would like to propose to the City Council that.the¥ include in the R-3, the property, the line of which extends south of the existing down Fernside to the north property llne of parcel (Lot) 14 and go in an easterly by.northeasterly direction along the property line to Norwood and using the southerly boundary of R-3 at point, and returning to Ferhside. This would include Lots 6, 7, 15, 16 and 17 of Block 3~ Shirley Hil.ls Unit A. There was no second - motion failed for lack of a second. Vargo stated ~hat he would like to say that it doesp't seem appropriate to re- zone anywhere you want simply because it works out to one's advantage. If he 'understahds it correctly, they could let out a Foom in the house without re- zoning. Vargo moved and Reese.seconded a motion to recom~nend denyihg the request. Byrnes voted against the denial; all others voted in favor. Motion carried. il-'! ....... ....)~'-~...~ APPLICATION TO PLANNING & ZONING COMMISSION '.:: ~/~..~U~, (Please type the followlng ]nform, tlon) 1 Street Address of Property. 2. Legal Description of Property: Lot~ / 3. Owner's Name CASE 83-.~-101 Fee ~a i d /*~-~)t Date Fi led Block .Day Phone No. " Address ! Applicant (if other than owner): 5. Type of Request: Day .Phone No (.)' Variance ( ) Conditibnal Use Permit ( ) Zoning Interpretation ~ Review ( ) Wetland Permit ( ) P.U.D. Amendment Sign Permit *If other, specify: Existing Use(s) of Property /_~A/ - r_',¢'~'~; ,~ ~.'./ (~,)*Other Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property?.. /k~ if so, list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in .this application by any authorized official of the City of Mound for the' purpose of inspecting, or of posting, maintaining and removing such notices as may be(/"/~ - /~/~) ~'~'~~reg'u'i-red'xbylaw. /~/~/d~//~ //~/K~ 7"' /'/-' Planning Commission Recommendation: Date 1 Action: Regolution No. Date ~7,~' ~/R? Procedure for Zoning Amendments (2) Case # 83-101 D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections III.An Amendment to .the Zoning Ordinance (Answer either. A or B below) A. It is requested that section ' of the Zoning Ordinance be amended as follows: Reason for Amendment: Amendment to Map: It is requested that the property described below and shown on the attached site plan be rezoned'from R~'. .... to ~P-?j . Address of Property: ~3~)''~J~2~ ~,~ Legal~description of property (lot.~ block, subdivision or metes and bounds) Attach additional sheets, if necessary) Note: Present Use of Property: ~/~/- OeQ~O,¢c~/ No application of a property owner for an amendment to the text of the ordi- nance or the zoning map shall be considered by the Planning ~ommission within one year period following a denial of such request. FERNSIDE CASE NO 83-101 2340 Fernside Lane (D Case No. 83-102 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of January 31, 1983: Board of Appeals Case No. 83-102 Location - 5042 Tuxedo Boulevard Legal Desc.: Lots 5 & 6, Whipple Shores Request: Variance of Lot Width Zoning Distr~ct: R-1 Applicant: Robert J. Veilleux 5042 Tuxedo Boulevard Phone 472-6444 The applicant is requesting to split his parcel of land thereby creating another building site on Lot 6, Whipple Shores. His existing house and garage are on Lot 5, Whipple Shores. His attached survey shows an encroachment of a sidewalk which Mr. Veilleux plans to remove. The detached garage meets the setback requirements for lakeshore lots pursuant to Section 23.407(5), but the driveway was not located on the survey as well as the utility locations. Pursuant to Section 23.604.5(2)~ the minimum lot width is 60 feet. The lot width of Lot 6 is approximately 47 feet~ Lot 5 is approxi- mately 49 feet; a deficiency of ll to 13 feet. (Established at the building set- back line of 30 feet). The lot area of both lots exceed 10,O00 square foot required area. Pursuant to Section.23.408(3)b, the walkway on the existing house to rear deck may extend within 2 feet of the lot line, but the structure is 6.6 feet to the side lot line and the required distance is lO feet pursuant to 23.604.5(2). The lakeshore and front yard setbacks on Lot 5 comply with the required 50 feet and 30 feet ~espectively.~ Recommend: I would concur with the owner that the sidewalk be removed. The utilities should be located and separate water lines to each lot be provided. If the driveway is onto Lot 6, a new access must be provided or relocate the existing. Due to the original platting of the subdivision known as Whipple Shores and the location of Tuxedo Boulevard as well as the excessive lot depth and narrowness of the lot, I would recommend approval of the lot width and sideyard set- back variance. Jan Bertrand Building Official JB/ms Case No."83-102 Variance of Lot Width - 5042 Tuxedo Boulevard Lots 5 and 6, Whipple Shores Robert Veilleux, applicant, was present. The Building Inspector explained that the variance needed is determined by the width of the'lot at the street front setback line or about.13 feet. The deck walkway is not higher than the main floor so cad extend to within 2 feet from the lot line by our present ordinance (exiAting house on Lot 5), but structure is 6.6 feet from east side yard and needs a variance. Applicant plans to turn garage door and put in new driveway for Lot 5,-so there will be no encroachment for Lot 6. There is a sewer stub for 6 and the water line is in right between the ldt lines of 5 and 6. He would be willing to stub in another water llne. The owner of Lot 7, Whipple Shores, Marie George, was present and had questions re: the applicant building a new house on Lot 6. She feels her view will be "shot". The Planning Commission discussed that all setbacks would have to be met for a structure on Lot 6. Mierzejewski moved and Vargo seconded a motion to recommend approval of the .i variance of lot width providing he maintain all sideyard and setbacks, provide separate sewer and water lines and driveways; recognizing the nonconforming 3.4 feet into existing sideyard of the present structure oh Lot 5. The vote on'the.motion was.Jensen opposed and all others in favor. Motion carried. Jensen opposed the action because it created another nonconformancy. Ms. George wanted to go on record.as being opposed to the variance being granted' Proposed Resolution Case No. 83-102 RESOLUTION NO. 83- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE LOT WIDTH VARIANCE AS REQUESTED FOR LOT 6, WHIPPLE SHORES (5048 TUXEDO BOULEVARD) WHEREAS, the owner, Robert J. Veilleux, of the property described as Lots 5 and 6, Whipple Shores, PID 24-117-24 43 0054, has applied for an approximately 11 to 13 foot lot width variance pursuant to the Zoning Ordinance Section 23.403 which would disallow the lot to be defined as a lot of record, and WHEREAS, the City Code requires the existing principal structure to be 10 feet from the side lot line on Lot 5, and WHEREAS, the property owner has requested Lot 6, Whipple Shores, be a separate parcel thereby creating a future building site with the lot area, building setbacks, bulk and height to meet all City Code requirements, and WHEREAS, the Planning Commission recommended approval of this variance due to the original platting excessive lot depth and lot narrowness, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNE- SOTA: That the City Council does hereby concur with the Planning Commission recommendation to approve the lot width variance of 11 feet for Lot 5 and 13 feet for Lot 6, Whipple Shores. The City Council concurs with the Planning and Zoning Commission re- commendation agreed upon with the owner to relocate the present drive- way from Lot 6 or provide a new driveway location to Lot 5; relocate the existing garage door; remove the sidewalk which is encroaching onto Lot 6; supply all utility connections to the newly created build- ing site; recognize the 6.6 foot existing building side yard setback as non-conforming. CITY OF MOUND b..;~'~..~ ......... '" APPLICATION TO PLANNING & ZONING COMMISSION 1. Street Address of Property 2. Legal DesCrlptl.on of Property: Lot Addition b3 I+[ 3. Owner's Name /~(~/~~ Fee P a Date Filed Address Block .Day Phone No. fiT~-~'z/Z./ 4. Applicant (if other than owner): Name Day Phone No. -Address 5. Type. of Request: Ye (~>~ Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Uetland Permit ( ) P.U.D. \ ) Amendment ] Sign Permit )*Other *If other, specify: Present Zoning Distr.ict Existing Use(s) of Property -- / Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? ~)~ If so, list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate, i consent to the e~try in or upon the premises described in this application by any authorized official of the City of Mound for the' purpose of inspecting, or of posting, maintaining and removing such notices as may be requlre~-~l~i~ ~ Signature of Applicant .... ~ x.~--, ~, : Date I Planning Commission Recommendation: Date 1 Action: Re~olution No. Date ~ques~ for Zoning Variance Procedure (2) Case # 83-102 D. Location of: Signs, easements, underground utilities, etc. £. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. III..Request for a Zoning Variance A. All i~formation below, a site plan, as described in Part II, and general application must be provided before a hearing..will be scheduled. B. Does the present use of. the property'conform to a~l use regqlations for the zone district in .which it is located? Yes (~(,) ~~x~)'v If "no", specify each n~n-conforming use: C. Do the existlng'st[uctures ~omply with all area height and bul.ktregulations for the zone distr~ct in'which i't is located? 'Y~ No (~) if "no", specify each non-conforming use: D. Which unique physical characteristics of the subject property prevent its reasonable use for anY. of the.uses.permitted in that zoning district? ~) .Too narrow ( ) Topography ( ) Soil ( ) Too. small · ( )' Drainage ( ) Sub-surface ( ) Too shallow ( ) Shape ( ) Other: Specify: Was-the hardship described above 'created by the action of anyone having property interests in the land after the Zoning Ordinance was adopted? Yes ( ) No (~) If yes, explain: F. Was the hardship created by any other man-made change, such as the reloca- tion of a road? Yes ( ) No (~) If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (~") ~o (.) If no, how many other properties are similarly affected? H. What is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) I. Will granting of th~'variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? ., ' Certificate of 2m'v(:y ' for Robert J. Vejl[,'m× .,! df Lots 5 and 6, Whipple Shor~a ;~°~l"~O"m~ Hennepin Com-~ty, bti~musotu CASE 8~-102 ,oOO I hereby m:.:ri.:if'y 'tl~t, i ;, ~,:: ',~ ~ld f'Ol'l'E'k~'~ I'C;ml'~:~,(':.r,' ~ , . ' OZ' the all e xi'.;t in~' anU sidewalk or encroaehment~. Land 'Surveyor and Planner Long Lak~, Minnesota NO'L. HDI~.t~ I! 'ON E'~ll Case No. 83-102 N em imm CASE 83-103 January 25, 1983 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: PLANNING COMMISSION JON ELAM, CITY MANAGER Enclosed is an application to subdivide off a parcel of land 210 feet x 210 feet from Lot 59, Auditor's Subdivision #168. The rema'ining parts of Lot 59 have been given to the City of Mound under Warranty Deed. This all came about as a result of a settlement of a legal matter filed by the owner of the property as a part of the 1980 Street Improvement Project. I won't go into all the details of that in this Memo because they aren't relevant to this application, although I'll be happy to explain them at the meeting. The benefits to the City are that one of the best preserved wetlands area is now retained in City ownership and it means public access for the use of it as a natural wildlife area. The subdivision covers the land that presently has a house and existing yard at 5938 Idlewood Road. This is the last step in clearing this action up and I would urge your concurrence. Case No. 83-103 Subdivision Of Land - 5938 Idlewood Road Lot 59, Auditor's Subdivision No. 168 The City Manager explained that this' is an application to subdivide'off a parcel of land 210 feet by'210 feet from Lot 59, Auditor's Subdivision 168 and that this'parcel is not.owned by the City, but all the rest. of Lot'59 was given to the City under a Warranty Deed. This was part of the settle- ment against the City for a storm sewer and outfall pipe that was put.in without permission. The City now has ownership of one of the best preserved wetlands area with the express understanding that these lands wi-il be used for park, wetlands and drainage purposes until December 20, 1997. Reese moved and Jensen seconded a motion to recommend approval of the sub- division of the land the City is requesting. The vote was unanimously in favor. Proposed Resolution Case No. 83-103 RESOLUTION NO. 83- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE FINAL SUBDIVISION FOR LOT 59, AUDITOR'S SUBDIVISION 168, PID 23-117-24 42 0008 AND PART OF PID 23-117-24 42 0007 WHEREAS, the final subdivision of the south 210 feet of the east 210 feet of the west 460 feet of Lot 59, Auditor's Subdivision 168. Lot 59 (S.E. corner of the property only) has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 22.00 and under Minnesota State Statute Chapter 462 and all proceedings have been duly conducted thereunder, and WHEREAS, the remaining undivided lands are being conveyed to the City of Mound with the express understanding that these lands will be used only for park, wetlands and drainage purposes until December 20, 1997. These land restrictions on the use of the above described lands shall termi- nate on December 20, 1997, and from that date forward the grantee, or its successors or assigns shall have complete and unrestricted fee title to said lands, and WHEREAS, said subdivision is consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the Ordi- nances of the City of Mound, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNE- SOTA: A. That the City Council concurs with the Plannlng Commission recom- mendation to approve the final subdivision request for the City of Mound to divide the south 210 feet of the east 210 feet of the west 460 feet of Lot 59, Auditor's Subdivision 168. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the above named owner(s) and subdivider(s) after completion of requirements, for their use as required by M.S.A. 462.358. C. This final subdivision shall be filed and recorded within 180 days of the date of the adoption of this resolution in the Office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulation of the City of Mound. APPLICATION FOR SUBDIVISION Sec. 22.03-a VILLAGE OF MOUND OF LAND FEE S N/A FEE OWNER CITY OF MOUND PLAT AUDITOR'S SUBD, #168 ~ARCEL Lot 59 Location and complete' legal description of property to be divided: ZONING R-.I' To bedividedasfollows: The South 210 feet of the East 210 feet of the West 460 feet of Lot 59, Audi'tor's Subdivision #168,.Lot 59 (Southeast corner of the propert'/ only) The remaining undivided lands are being conveyed to the City'of Mound with the express understanding that these land~ will be used.only for park, wetlands and drainage purposes until December 20, 1997. This restriction on the use of the above described lands shall terminate on D6cember 20, 1997, and Trom that date forward the grantee or its successors or assigns shall have a complete and unrestricted fee title to said lands. {attach survey or scale drawing showing a~acent streets, dimension~proposed building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From Square feet TO Squar~ feet Reason: ~y of Mo'Gnd APPLICANT ~' ~ ' /~A Elam tsignatureiC'ity Manag'er ADDRESS [~1Maywood Road Mound, MN. 55364 Applicant's interest in the property: Fee owner TEL. NO. DATE This application must be signed by all the OWNERS of the property, or an explan- ation given why this is not the case. 472-1155 1-23-83 PLANNING COMMISSIbN RECOMMENDATION: I Case No. 83-103 21 I' zo A' I[~I D I I I I 'I S I l J CASE 83-103 ,oS aA'Il{ ~. i'i; .... !! .L, CITY OF HOUND 2 8 t983 · ~,~X ~5"~'A~I~LICATION TO PLANNING & ZONING COMMISSION ., type Street Address of Property Ba~oo~ ~a~e Paid L~gal Des~rlptipn of Property: Lot 4 Date Filed Addition Replat of Harrison Shores Owner's Name Walter F and Joan E. Helland Addres~ 1701 Baywood Lane, .Mound, MAT .Block 4 · PID No. 13-117-24-21-0049 472-2767. (h) Phone No. 559-5003 (0) · 55364 Applicant '(if other than owner): Name -Address Day .Phone No. Type. of Request: (X)'.Vari'ance ( ) Conditibnal Use Permit ( ) Zoning Interpretation & Review : ( ) Wetland Permit ( ) P.U.D. ( ) Amendment ( ] Sign Permit ( )*Other *If other, specify: {~,. Present Zoning Distr.!ct 7. Existing Use(s) of Property, VACANT ' .- Has an applicatlon ever been made for zoning,N~ariance, or conditional use permit or other zoning proCedure for .this property? If so, .list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Co~.ies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained In any required papers or plans to be submitted' herewith are true and accurate. ! consent to the e~try in or upon the premises described in .this app]ica~ion by any authorized official of the'City or of posting, maintaining and removing such of M. ound for the' purpos, e of inspect'inSJ, notices-as may. be requiiq~d by~ Si gnatur~ of App]icant_~U~~~~ Planning Co~ission Reco~endatlon: Da te Date Council Action: Regolution No. Date I~equest for Zoni.ng Variance Procedure (2) Case # D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. III. Request for a Zonin9 Variance A. All information below, a site plan,.as described in Part II, and general application must be provided before a hearlng.will be scheduled. B. Does.the present'use of. the property'conform to.~}.! use regulations for the zone district in which it is located? Yes ~ No ( )' If ,'no". specify each nbn-conforming use: . 7°' C. Do .the existing-structures comply, with all area heighl~ and bulk.regulations for the zone district in'which i't is.located? Yes '(~()'No--~) -~ .. If ."no", specify each non-conforming use: D. · Which unique physical chnracteristics of the subject property prevent its reasonable use for any of the uses .permitted in that zoning district? ( ) .Too narrow (.) Topography ( ) Soil ( ) Too small .- ( ) Drainage. ( ) Sub-surface ( ) Too shallow ~ Shape ( ) Other: Specify: Was the hardship described abOve 'created by the action of anyone having property interests in the land after the Zoning Ordinance.was adopted? Yes ( ) No (~/) ..... If-yes, explain: F. Was the hardship created by any'other man-made change, such as the reloca- tion of a road? Yes ( ) No (~ If yes, explain:. G. Are the conditions of hardship for'which:you r~quest a va,fiance peculiar only to the property described in this petition? Yes(~ No ( ) If no, how many other properties are similarly affected? H. What is 'minimum ~diflcation (variance) ~egulati~ns that will permit you to make reasonable use of your 1ar, d? (Specify, using maps, site plans with dimensions and written explanation. Attach additional PROPOSED RESOLUTION Case No. 83-104 RESOLUTION NO. 83- RESOLUTION TO.CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A 10 FOOT STREET SETBACK VARIANCE AS REQUESTED FOR LOT 4, BLOCK 4, REPLAT OF HARRISON SHORES (NEWLY ASSIGNED ADDRESS, 1701 BAY- WOOD LANE) WHEREAS, the owner, Mr. and Mrs. Walter F. Helland, of the property described as Lots 3 and 4, Block 4, Replat of Harrison Shores, PID 13-117-24 21 0049 has applied for a building setback variance of lO feet from the required 30 foot street front off from Three Points Boulevard on Lot 4.pursuant to the Zoning Ordinance Section 23.403 which would disallow the lot to be defined as a lot of record, and WHEREAS, the City Code requires the existing principal structure to be lO feet from the side lot lines and it is 8.9 feet at its closest point, 50 feet from the shoreline (Mean High Water elevation), 30 feet from the street front on Lot 3 and it is 23.33 feet at its closest point, and WHEREAS, the property owner has requested that Lot 4, Block 4, Replat of Harrison Shores be a separate parcel thereby creating a future building site with the lot width and area, building bulk and height, and, except for a building setback variance of lO feet to Three Points Boulevard, all other setbacks to be conforming, a proposed driveway easement to be obtained from Lot 3 for garage access, and WHEREAS, the Planning Commission recommended approval of this variance, due to the unusual shape of the original platted lo.t as to provide maxi- mum utilization of lake shoreland to property owners, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNE- SOTA: That the City Council does hereby concur with the Planning Commission recommendation to approve a 10 foot street front variance for Lot 4., Block 4, Replat of Harrison Shores. Also the City Council recognizes the existing Lot 3 non-conforming building setbacks. The City Council concurs with the Planning Commission and property owner that a survey be submitted and reviewed by the Building Inspector and/or City Engi- neer to assure compliance with this resolution before a building per- mit is issued to construct on Lot 4, Block 4, Replat of Harrison Shores. e Case No..83-104 Variance Request.- 1701Baywood Lane Lot 4j Block 4, Replat of Harrison Shores Mr. and Mrs. Walter F. Helland were present. The Building Inspector explained that the applicants a~e asking for a front yard setback off of Three Points Boulevard. They do.not have a survey yet, but they are getting one. They wish to build a 1200 square foot house.'and a 2 car garage on'site which they have owned for some time.' Setbacks'are 30 feet from.'streets and..50 feet. from the'Lagoon. Applicant won't kn°w exactly the amount of variance required to meet' the 30 feet side yard setback abutting the street for a lot of'record until survey is compl.eted. Has present house sold on contingency. His property ilne is 16 feet from back of curb;-if a variance is granted so.a house can be 20.feet from property line, it would give 36 feet to back of curb. Planning Commission discussed that'he will also need a Watershed Permit and.encouraged him to get dock and eas~ment'approval from the L.M.C.D. Vargo.moved and Reese.seconded-a motion to r~commend to the'City Council a ten'(lO) foot variance allowing a twenty (20).foot setback from the'lot line o~ Three Points BOulevard. The vote was.unanimously in favor. We purchased this property in 1970 from Bermel-Smaby Realty as an approved buildable lot and as a part of their development known as Harrison Shores,Inc. We have owned and resided at the adjoining property for 17 years (Lot 3, Block 4). We presently plan to sell our present home and wish to build a new home on Lot 4, Block 4. WALTER-F. HE,LAND ~ JOAN E. HELLAND o f 'i'$~ ..... KESOLUTION A RESOLUTION DENYING AN AMENDMENT TO THE CONDITIONAL USE PERMITED GRANTED BY RESOLUTION 82-85 AND AMENDED BY RESOLIJTION 82-277~ AND DENYING AN EXPANSION OF THE FACILITY AND FURTHER DENYING EXPANDING THE ACTIVITIES AND USES AUTHORIZED ON THE PREMISES WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City Council, with the aid and assistance of the City Planning Commission, to carry out municipal planning activities which guide future development and improvement of our community, and WHEREAS, Section 23.625.3 of the City's Zoning Ordinance allows by conditional use permit commercial recreational facilities in the B1 Zoning District, and Section 23.505 establishes the criteria, conditions and procedures in issuing a conditional use permit or amending a conditional use permit, and WHEREAS, Mr. Tom Watson applied in'/1981 for a conditional use permit for a youth center/arcade and this Council approved such permit on a temporary basis, and WHEREAS, by Resolution 82-16 (January 12, 1982) this Council approved a conditional use permit with certain stipulations and by Resolution 82-58 on March 2, 1982 this Council directed a temporary suspension and ordered a due process hearing to consider permanently revoking the special use permit, and WHEREAS, on April 6, 1982 the Council adopted Resolution 82-85 approving a conditional use permit for the Arcade at 5558 Auditor's Road with the stipulations contained in Resolution 81-338, and WHEREAS, on October 8, 1982 Tom Watson wrote to the City Council and asked them to amend the conditional use permit by expanding the hours which he could be open, he also stated in his letter: '~'m also at this time requesting the City Council members to permit me to expand the youth center. A rough plan is attached with this letter." A rough sketch showed about a 50% expansion, and WHEREAS, this Council adopted Resolution 82-277 (October 12, 1982) amending Resolution 82-85 "Extending the Hours as Requested", in the Whereas provisions of the resolution it was mentioned that the applicant was proposing to extend his operation into an adjoining area, no permission for such expansion was contained in the Council's resolution which is on file in the City offices, and WI-II~.i~I~.A~, Watson states that he assumed he had been given permission to expand, his operation and he went to tl~e l~uilding Inspector and obtained a building permit stating that $~D,.0.0~ would be spent, in late November, 1982 city staff members learned that a major 'e~pansion was taking place and Watson was ordered to cease construction, and WHEREAS, Watson then produced a new set of plans and obtained a second building permit stating that $25,000 of construction would take place, he was advised by the City staff that he needed an amendment to his conditional use permit to expand the operation, he also needed a public dance permit and a restaurant license to operate what he was planning and he was proceeding at his own risk, and WHEREAS, Watson executed three applications for 1) an amended conditional use permit 2) a dance permit 3) a restaurant license on all three original license and permit applications Watson indicated that another party had a financial interest in the business, and WHEREAS, Section 36.15 "Arcade Licenses" establishes the procedures, standards and regulations under which arcade licenses may be granted, and the City Code requires that applications be referred to the Chief of Police for investigation and recom- mendations and further indicates that if the applicant, manager or persons owning the licensed activity is not a person of good moral character and repute they are ineligible for a license, and WHEREAS, the Chief of Police investigated the person listed on the application as having a financial interest and he found and reported to this Council that the person had been convicted of a felony, four misdemeanors relating to the use of drugs, disorderly conduct and damage to property and 15 traffic violations and further had current bench warrants outstanding for his arrest, and WHEREAS, Watson filed amended applications for the licenses and these ap- plications indicated that no one else has a financial interest in the operation of the arcade but he does indicate that the person who was originally listed on the application owns $50,000 of machines in the arcade and that the profits from the machines will be split 50/50 between Watson and the owner of the machines, and WHEREAS, this Council is very concerned that people who deal with and supervise youth using the arcade (16 to 18 year olds) be persons of good moral repute and responsible, and WHEREAS, an arcade and a dance hall which cater to youth have a potential for serious problems in the neighborhood and a number of neighboring business persons and residents have testified before this Council that the area has been littered, the youth who are attending the arcade have harassed and threatened persons in the neighborhood and have caused other problems which have been and will be injurious to the uses and enjoyment of other property in the area, and WHEREAS, this Council has many serious reservations about locating an arcade in this area because of traffic, noise, litter and is even more concerned by expanding the use from 762 square feet to 4,072 square feet, and WHEREAS, this Council wants to provide an activity for the youth of this City which will provide good clean fun and provide a place of recreation without drugs, alcohol and other social vices which create police and social problems~and WHEREAS, Mr. Watson is currently in violation of the requirement that each of'his machines must have a City license, because only 10 of 24 machines are licensed, and WHEREAS, it is believed that the potential benefits to Mound teenagers are outweighed by the potential for the facility's activities to be used by other individuals from Mound and from outside of Mound to facilitate the wider distribution and use of controlled substances by teenagers in spite of intentions and rules to attempt to prevent it, and WHEREAS, testimony and evidence have been given to this Council which indicates that the current arcade consisting of approximately 762 square feet is causing trouble in the neighborhood, that the entrance and parking areas are located to the rear of other commercial businesses, and the location is similar to an alley, and WHEREAS, testimony from other property owners has called the Council's attention to the lack of lighting, alley entrances, vandalism, and the negative effect that a large assembly of young people have on the willingness of citizens to use municipal parking facilities in the area, and WHEREAS, the 762 square feet of space being used has created problems, an expansion to over 4000 square feet would increase the intensity of the use by over 500%, the request for a public dance permit would intensify the utilization of the property for uses which would cause concentrations of persons in an area which has difficulty with the current uses which are not concentrated as to times, NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Mound: 1. The application of Thomas Watson for an amended conditional use permit which would expand the area and intensity of use and the types of commercial recreational uses allowed is denied for the following reasons: ae The expansion of the conditional use will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and will substantially diminish and impair property values within the immediate vicinity as testified to by abutting property owners. be The expansion of the conditional use will impede the normal and orderly development and improvement of surrounding vacant property for uses ee re ge ho ke needed in the central business district. The goal of the comprehensive plan, the zoning ordinance, and other civic projects is to expand and improve commercial ventures to provide services to all people in the community. Adequate access roads, parking, drainage, lighting, and other necessary facilities are not provided in the area. Adequate measures have not been shown to exist to provide sufficient off-street parking to serve the proposed uses. Adequate measures have not been shown by the applicant to prevent or control offensive noise and vibration, and that these problems may con- stitute a nuisance to the area and there has been no showing regarding lighting for the area to protect the health, safety, and general welfare of the neighboring properties. The proposed expanded uses, in the opinion of the City Council, are not reasonably related to the overall needs of the City or to the existing land uses in the area. The expanded uses are not consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed new uses or larger structure. The dance use in particular will cause traffic hazard or congestion for the neighborhood. Existing land uses of business and residential properties adjacent to the applicant' property will be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness and will impair their right to use their properties for resi- dential social activities. The applicant proceeded to construct an expanded facility after being advised by City staff that "he was proceeding at his own risk." He commenced construction of the expanded facility far beyond the terms of his original building permit or his conditional use permit. The applicant's request to amend his existing conditional use permit by expanding the size from 762 square feet to in excess of 4000 square feet to permit public dancing would create a concentration of youth estimated at 240 to 300 which is beyond the capacity of the area and neighborhood. The location is similar to an alley; the area is poorly lighted for this type of concentration of people at limited times. Lighting, traffic, noise and other problems will have an adverse affect on neighboring businesses and residents. The applicant originally filed three applications for 1) an expanded con- ditional use permit for both area and types of use; 2) a public dance 303 permit; 3) a restaurant license. At the time these applications were filed another party was stated to have a financial interest in the premises and the business. Pursuant to Chapter 36 the Chief of Police conducted an investigation to establish the moral character and repute of the applicant and those having a financial interest in the facility. The investigation revealed that one of the persons alleged to have a financial interest was a young man who had been convicted of burglary (a felony), possession of marijuana on two occasions, disorderly conduct, damage to property, and 15 moving traffic violations (all misdemeanors) and in addition there was an outstanding bench warrant for his arrest for speeding. The applicant now indicates that this person has withdrawn from a corporation organized to own and operate this venture but that the person would own the machines located in the business and would share the profits on a 50/50 basis. This Council finds that the record does not indicate the person to be of good moral character and repute. The claim that he is removed from the venture cannot be disproved without a complete check on where the funds to build and operate this activity have come from and such information has not been provided. This Council is extremely concerned that the youth of this City be supervised in their recreational activities by people who are responsible and of good character; that finding cannot be made in this case. 2. The application for a public dance permit in this location is denied for the same reasons and based on the findings set forth in paragraph i and in the Whereas provisions of this resolution. 3. The application for a restaurant license is denied because it was to be located in the expanded area of the building. Therefore, since the area for the use and location of the proposed restaurant do not exist, no license can be granted. 4. This Council is concerned for the City's youth, business community, zoning regulations and its comprehensive plan. It has struggled with these applications in an effort to be fair to all concerned. To approve the expansion and the expanded uses would be "to take a chance" that the youth and the central business district would not be adversely affected - the evidence presented to the Council in the form of testimony, staff reports and other information about the applicants and the area do not suggest the Council should "take a chance." If the activities are approved and a tragedy should result, this Council is concerned that it may be found negligent in failing to provide proper control and police protection. The City is operating on a limited budget and does not have sufficient police personnel to supervise 240 to 300 youths in an alley setting; it is believed that such youth dance activities can be better supervised and controlled within the school system and in their facilities. 5. It is a further finding of this Council that the granting of an expanded conditional use permit (area) and a dance permit would be detrimental to the health, safety and general welfare of this City. McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING £NGINrc[RS I LANO SURVEYORS · PLANNERS 3anuary 27, 1983 Reply To: 12800 Industrial Park Boulevard PIyrnouth, Minnesota 55441 {612) 559-3700 Mr. Oon Elam City Manager City of Mound 5341Maywood Road Mound, MN 55364 Subject: City of Mound Peabody Road Storm Sewer Payment Request No. 1 File #6510 Dear Oon: Enclosed is Payment Request No. 1 in the amount of $10,971.55 from Widmer Brothers, Inc. for the Peabody Road storm sewer. This project is substantially complete except for the clean up and seeding of disturbed areas. Final payment will be withheld until this work is completed this spring. If you have any questions, please contact me. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. OC:sj Enclosure prirtted on reeve!ed Dapper ~ 0.,-4 rnxo_ 0 ~ ..~ -~-~ · O. 000 000 000 000 0 000000 0 000000 ~ 000 ~ ~0 ~ 0 000000 ~~Z 0 000000 0 000~00 0~0 r_~ o f,..4 "E~ - o c: ,--i 4-,~ o · ,"q 0 :'~P~'TRACTOE '[:'AY ESTIMATE NO, 02: 6564 CITY OF MOUND MOUND ELqY PARK IMPP, OVEMENTS PAGE O~ ENQINEER: MCCOMBS-ENUTS~N CONTRACTOR: PERKINS LANDSCAPE -- · 18800 IND F'K. Bt. VD 5531 EDEN F'PAIR ED PLYMOUTH, HN 55441 HINNETONKA, 55~3 5hTE: 08108/83 -- CONTPACTOP, PAY ESTIMATE SUMMARY -- I~QRK COMPLETED HOL~;D 8AY PARK IMPEDVflENTS HATERIALS ON SITE HOUND BAY PA~K IMF:ROdENTS ADJUSTED TOTAL LESS"RETAINAGE - S% PREVIOUS, THIS PERIOD TO DATE 1,818. O0 84,6G5.68 O. O0 -367.81 1,818.00 2.S, (Y38.8~ CURRENT BO.G0 1,851.G4 TOTAL .AMOUNT DLE FOR WOP, K COHPLETED TO DATE ~.,781.40 83,78!.84 LESS PREVIL/US PAYMENTS ' . ,... -0,00 88,059.84 TOTAL AMOUNT DUE .~ . . ... ' i~781.40 1,781.40 -- SUflHARY OF PREVIOUS F'AYtfENTS -- ESTIMATE NO. DATE TOTAL 1 11/30/88 11,101.41 8 01/10/~ . 88,059.84 ENGINEER: HCCOHBS-KNUTSON AMOUNT 11,101.41 10,gS8.43 PERKINS LAND~AF'E CONTRACTOR PAY ESTIMATE NO. 03 6SG4 CITY OF MOUND MOUND BAY PARK IMF'ROVEMENTS MOUND BAY PARK IMPROVMENTS PAGE O2 ENGINEER: MCCOMBS-KNUTSON CONTRACTOR: PERKINS LANDSCAPE 18800 IND PK. 8LVO SS~i EDEN PRAIR RD PLYMOUTH, MN 5~41 M!NNETONKA, 5S343 DATE: 08108183 -- PAYMENT SL~gMARY FOR .WORK COMPLETED TO DATE -- ITEM ITEM NO. DESCRIPTION 1 TOT LOT 8, CRADING 3 BEACH SAND 4 TOPSOIL S PERENNIAL 8~RDER 6 SEEDING , ? WATER FOUNTAIN 8 AUTUMN PURPLE ASH 9 PAPER BIRCH (3 CLUSTER) 10 PAPER BIRCH 11 SILVER. MAPLE 18 NIOEE WEEPING WILLOW 1.3 ROYALTY CRAB 14 SERVICEBERRY iq PAGODA DOGWOOD 16 DWARF AMUR MAPLE 17 DWARF EUONYMUS CONTRACT UNIT QUANTITY UNIT PRICE 1.0 EA 7,985.00 1.0 EA 1,985.00 1,350.0 TON G.70 880.0 C.Y S.IO 1.0 EA 1,875.00 8.0 ACE 900. O0 1.0 EA 1,150. O0 80.0 EA 183.00 3.0 EA 180.00 8.0 EA 98.00 1G. 0 EA 90. O0 4.0 EA 138.00 10.0. EA 181.00 9.0 EA 140. O0 6.0 EA - 130.00 -31.0 EA 81.00 23.0 EA 81.00 .... THIS PERIOD ..... QUANTITY 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4.0 0.0 9.0 0.0 0.0 0.0 AMOUNT 0.00 0.00 0.00 0.00 O. O0 0.00 0.00 o. do 0.00 0.00 0.00 ~.00 0.00 1,860.00 0.00 0.00 0.00 ...... TODATE QUANTITY 0.9 · 0.5 1, Or--,~7.. 4 736.0 0.0 0.0 0.0 20.0 0.0 0.0 1G. 0 4.0' 0.0 9.0 0.0 0.0 AMOUNT 7,185.50 968.50 7,051.08 3,7S3.G0 0.00 0.00 0.00 8,460.00 0.00 0.00 1,440.00 558.00 0.00 1, GO.OO 0.00 0.00 0.00 TOTAL MOUND RqY PARK IMPROVHENTS 1,818. O0 84,665.68 CONTRACTOR PAY ESTIMATE NO. 03 6564 CITY OF MOUND MOUND BAY PARK IMPROVEMENTS MOUNO BAY PARK IMPROVHENTS PAGE 03 ENGINEER: MCCOMBS-KNUTSON CONTRACTOR: PERKINS LANDSCAPE 1~800 IND Pi<. Bt. VD ~31 EDEN PRAIR RD PLYMOUTH, MN 55441- MINNETONKA, 55343 DATE: 02/02/83 -- PAYHENT SUHHARY FOR MATERIALS ON SITE -- THIS pERIOD ITEH ITEM CONTRACT UNITS INVOICE UNITS NO. DESCRIPTION QUANTITY .DELIVERED PRICE ON SITE 1 TOT LOT 1.0 1.0 3,67~.]2 0.0 EA TD DATE TOTAL INVOICE UNITS ITEM UALUE PRICE ON SITE 0.00 3,6'~. IP 0.1 TOTAL. Il*EM VALUE .. ~7.~1 TOTAL MOUND BAY PARK IMPROVtiENTS 0.00 367.~1 ORIGINAL CONT~qCT PRICE 37,648.00 + CHANGE 0.00 = REVISED CONTRACT AMOUNT 37,648.00 ~B~-~:/..~/'"~l, 9 D~:J~SS NIAI 'ONnOIAi OB'e'A:49190B O0=:mxrl.L Z.~I.S SB]QV]J.S]IAiO BILLS .... FEBRUARY 15, 1983 Ben Franklin Brown Photo Henn Co. Treasurer Popham Haik Schnobrick ReD Raj Kennels Bradley Exterminating Henn Co. Sheriffs Dept Badger Meter Blackowiak & Son Holly Bostrom Bryan Rock Prod. Berry Auto Bowman Ba Fries Janet Bertrand Commissioner of Revenue Continental Tele Cargill Salt Coast to Coast .. Fran Clark Robert Cheney Counterfitting Plus Capitol Rubber Stamp Dependable Services Jon E1 am Empire Crown Auto Greyhound Travel Govt Training Serv G 1 enwood Ing 1 ewood Gerry' s Plumbing The Hozza Assoc Internatl Conf Bldg Offic Illies& Sons Herman Kraft Lowel 1 ' s' The Laker Long Lake Ford Tractor · Sharon Legg Lindstroms Mound Postmaster MacQueen Equip Marina Auto Supply Miller Davis Mi nnegasco Mound Fire Dept Mound Super Valu Wm Muel 1 er Metro Fone Communications MN UC Fund~ Medical Oxygen & Equip Martins Navarre 66 Navarre Hdwe N.S.P. 42.39 69.75 817.50 1,689.94 3o2.~o 19.00 95.00 298.37 98.42 106.30 91.97 42.60 3,906.00 1,117.7o 1,081.74 267.09 12.43 334.00 126.60 11.50 33.oo 26.18 3.28 396.00 35.00 62.45 125.85 75.OO 37.OO 3,386.75 3.68 53.95 116.87 29.50 18.87 5o9.5o 3oo.oo 221.00 5o4.o3 18.50 3,023.29 3,242.80 51.31 1,325.64 11.8o 631.53 4.OO 10.00 130.79 5,991.49 No Henn Cummunity College Daniel Nelson Natl League of Cities II II II P~ they Bowes Perkins Landscape Rustique Decorating Nels Schernau Shepherds Rental Rug Spring Park Car Wash Suburban Ti re Greg Skinner Ted Stal lman Duane Smith John Scherven T & T Maintenance Thrifty Snyder Drug .Thurk Bros. Chev Title Ins. Univ of MN Unitog Rental Village Chev Wid~er Bros Bruce Wold Westonka Firestone Ziegler, Inc. Total Bills LIQUOR BILLS Butch's Bar Supply Coca Cola'Bottling Day Distributing East Side Beverage Gold Medal Beverage Twin City Home Juice City Club Distrib Midwest Wine A.J. Ogle Peps i Cola Regal Window Clean Thorpe Distrib Pogreba Distrib Knights of Columbus Real One Acquisition Griggs, Cooper Johnson. Bros. Liq Old Peoria Ed Phill ips & Sons Total Liquor Bills GRAND TOTAL--ALL BILLS 18.25 580.31 380.00 38o. oo 158.OO 1,721~40 38.79 .30.OO 66.25 75.4O 457.36 10.OO 12.72 50.DO 75o.oo 25.75 11.27 31.52 46.00 6O.OO' 317.16 14.64 2,148.75 6.OD 46..71 28.53 38,543.28 242.95 156.8o 2,117.O4 2,429.21 91.35 28.80 2,269.00 645.15 1,480.20 191.25 10.75 3,291.65 2,586.75 5.OO 731.85 2,631.47 5,239.55 1,133.24 2,737;61 28,O19.62 66,562.90 3// PLANNING AND DEVELOPMENT SERVICES, INC. 529 South Seventh Street Suite 535 Minneapolis, MN 55415 612-332.4166 FROM: DATE: SUBJECT: MEMORANDUM TO: '~Mound City Council and Planning Commission Rob Chelseth, City Planner February 4, 1983 Suggested Planning Activities for Discussion on the Development of a Planning Work Program. The work of a Planning Commission all too often becomes fixed on handlin9 the steady stream of on-goin§ administrative requests and procedures. This is understandably so, as there always seem to be several sticky variances to be considered, a subdivision or two to review, and a con- ditional use permit request for some heretofore unconsidered use. Consequently, Mound must be applauded for attempting to step back, catch its breath, and take stock of the planning needs at hand. Over the last four years, Mound has completed several major planning projects. Among these are the drafting of a new comprehensive plan, the adoption of a new zoning ordinance, completion of a special wetlands pro- tection zoning district, and most recently, the adoption of a revitalization plan for the downtown. These accomplishments provide an excellent base from which consideration can be given for making continuing progress on Moundls planning program. The following suggestions have been developed and assembled for your consideration. Development of new subdivision regulations. Normally done in con- junction with the redrafting of the zoning code, Mound's subdivision regulations were not examined during the planning and zoning work done over the last four years. The current subdivision code is many years old, outdated in its content, and contains several organizational errors. A complete redrafting of this code to bring it up to date is highly recommended. Minor revisions to "fine-tune" the zoning ordinance. During the past year of its application, the staff and Planning Commission have spotted minor problems in the zoning code. While not necessarily critical to its effectiveness, these changes should be made to make the ordinance as clear and consistent as possible. One small example is the difference between provisions in the milti-family standards calling for at least one indoor parking space (23.620.7 (4a)), and parking performance standards calling for one space under cover (23.716.5 (2)), which would allow carports. Other questions concern the definitions of terms, and particular uses allowed in districts. In short, a brief review of the zoning ordinance could lead to the quick elimination of many of these minor problems. Mound City Council and Planning Commission P age Two February 4, 1983 e Sign Ordinance. Currently Mound has a short and a very general sign ordinance. In their efforts to encourage attractive displays within their cities, many communities have gone to more sophisticated codes governing the size, location and lighting used for ~igns. The objectives are normally to reduce large, roadside signs lined up along the city's mainstreets, in favor of a more standardized format of signs designed to add to rather than detract from the communities appearance. Work on a sign code could be initiated by the City in conjunction with representatives of the local business community. Plannin9 to support local economic growth. Probably the most ambitious, and therefore most difficult area to address. The Planning Commis- sion's work in this area may range from assisting the City in its exploration of programs and opportunities to redevelop the Tonka Toy plant, to consideration of activities to promote commercial growth in Mound's central business district. There are, of course, many other old and new issues which may arise during the next year (e.g. plans for access/use of Lake Minnetonka). The City Council and Planning Commission may consider these to be more urgent needs than those issue identified above. In all cases, I look forward to the opportunity to continue working with Mound, and am interested in dis- cussing these and all other planning activities at your request. klw A1 Kehr Consultants, Inc. 988 W. County Road D Roseville, Minnesota 55112 February 3, 1983 To the Honorable Rock Lindlan, Mayor of the City of Mound; Leonard L. Kopp, Manager; and Members of the Mound City Council The Minnesota Legislature has directed the Department of Natural Resources (DNR) to close its Metro Region Office, located on Warner Road in St. Paul, and transfer the functions of that office to an outstate DNR facility. I feel that this move would seriously affect the quality of service that DNR provides to local units of government and community residents. The DNR Metro Region Office is scheduled to close by the end of the month unless action is taken immediately. This issue is presently being considered by the Minnesota Legislature. Please consider the attached resolution regarding this matter at your next meeting. The enclosed newspaper articles provide background material on this issue. Please adopt the resolution and send a signed copy to me at the following address: A1 Kehr 988 W. County Road D Roseville, Minnesota 55112 This resolution will be hand delivered to the Minnesota Legislature. Thank you for your cooperation in this matter. Sincerely yours, A1 Kehr RESOLUTION REGARDING DNR METRO REGION OFFICE Whereas the City of Mound works closely with the DNR Metro Region Office to plan and implement proper management of the natural resources that are located within this city, and this cooperative effort could not be continued effectively from an outstate DNR facility; and Whereas the City of Mound has many fishing/hunting related businesses that contribute to our economy as well as a large number of anglers, hunters, and other outdoor sports enthusiasts who regularly utilize the services of the DNR Metro Region Office and who could not be served effectively from an outstate DNR facility; and Whereas it now appears that closing the DNR Metro Region Office and transferring its functions to an outstate DNR facility will not in any event accomplish the cost reduction that was the legislative intent of HF 2190 (Laws of Minnesota for 1982, Ch. 641, Art. 1, Sec. 2, Subd. 1. item f) but would instead diminish the services available to the City of Mound and its residents; Be it therefore resolved that the City Council of the City of Mound is opposed to closing the DNR Metro Region Office and requests that the Minnesota Legislature adopt legislation enabling the continuation of the present regional structure of the Department of Natural Resources. Rock Lindlan, Mayor date Leonard L. Kopp, Manager date VOL. 16, NO. 4 Outdoor News, P.O. Box 27145, Golden Valley, Minn. 55427 Phone 546-4251 copv,{sh, it,s FRIDAY. JANUARY 28. 1983 If Metro DNR Headquarters Is Closed By LEN LIBBEY statewide regions to three, and access site, and appraise the. If cost-conscious members of this specific mandate wasinclud- Parcel. The hydrologist and the Minnesota legislature force ,ed. inthe,,b,u, dget-reductionbillasa engineer would help design the the Department of Natural Re- rider: this reduction shall in- physical layout -- ramp, parking sources to close down or transfer clude closing the metropolitan area and access road. Karen its Metro Region Headquarters, region office." Loechler, the regio, na! a.d. min- Twin Cities area sPOrtsmen will IF THE LEGISLATURE does istrator, would coordinate me ac- notice more than just the loss of not change its instructions to the tivities of the headquarters s, taff metro-oriented fisheries manage- DNR, it will, in fact, destroy what so as to avoid waste and duplica- meat. seems to be a compact, serf-con- tiaa, and she also chairs the Aloss of emphasis on metropol- itan area fishing would be bad enough. FRANK SCHNEIDER, Jr., Minnesota SPOrt. fishing Congress president, recently praised Metro Region Fisheries Supervisor Du- ane Shodeen for inovative and forward-looking programs that benefit the hundreds of thousands of iisbermen in the seven-county metroPOlitan area. Fish management in the metro- POlitan area must confront pro- blems that don't exist in any other part of the state, "because the pressure is there," Schneider said. "Prior to 1974 (when the Metro office opened with Shodeen as fisheries supervisor)," Schneider added, "the DNR prac- tically ignored the game fish potential of metropolitan area lakes." THE DNR METRO Region Headquarters is in danger of clos- ing because in March, 1982, the state legislature found itself look- ing at another huge budget deficit. Lawmakers "solved" the deficit problem by cutting more than $30 mill Jan from state agency oper- ating expenses through the fiscal year ending on June 30, 1983. A total of $450,000 was cut from the DNR's budget. The Depart- ment was ordered to reduce its tained adrnirdstrative and opera- tional "team" that works well together and has cooperated with numerous local government bo- dies on projects that have worked to the advantage, not only of sportsmen, but anyone who en- joys contact with wildlife and the outdoors as part of the unique "quality of life" in the Twin Cities metroPOlitan area. The "core" of the Metro Head- quarters, on Warner Road, in St. Paul, is comprised of Fisheries, Wildlife and Enforcement super- visors. Complementing them are State Parks and Forest super- visors, a Trails and Waterways coordinator and one for the Lower St. Croix. A headquarters administrator, field service coordinator, land specialist, hydrologist, engineer, naturalist and business manager round out the "team." IF SHODEEN were trying to Public Water Access SubcommR- tee of a task force studying access needs on the huge suburban lake. ROGER JOHNSON is regional wildlife supervisor. He commutes between an office at the Carlos Avery Game Farm, north of the Twin Cities, and the Warner Road iacRity. Johnson oversees the work of two area game managers and the resident manager at Carlos Avery. He is also responsible for all of the smaUer wildlife manage- ment areas around the seven counties, and other wildlife- enhancement programs, such as cooperative habitat projects with private landowners. THE ENFORCEMENT super- visor, Mike Gruppa, sees all the problems DNR conservation of- ricers face in the larger regions, but in Metro they are compounded by the tremendous population density. Then there are problems get a new public access on Lake peculiar to the urban Twin Cities Minnetonka, for example -- -- like over-fishing by Laotian which lake, he says, could easily and Hmong immigrants -- which supPOrt two.to-three times more fishing than it now gets -- other members of the headquarters "team" would handle specinlized parts of the task. The land specialist would try to locate property that could be ac- quired from a willing seller for the Gruppa and a St. Paul neigh- borhood justice center are trying to reduce with a tri-lingual hand- book for Southeast Asian fish- ermen. Gruppa supervises 11 conserva- tion officers. Ten have parts of the metropolitan area assigned to DNR REGIONS--At 2,968 sq~ miles, "Metro" is the smallest of six administrative and operational regions, but it has nearly one.half the fishing population in Minnesota. Because of its high-density popula- tion, and sharply increased demand for outdoor recreation, the Metro Region Headquarters faces problems unlike those in other parts of the state. them. The other, Pat MeGulre, specializes in snowmobile and firearms safety training -- and routinely oversees the training of one-third of Minnesota's youth each year. TYPICAL enforcement pro* blems range from deer shining and investigation of illegal walleye sales in south Min- neapolis (summer of 1982), to complaints about people snaring tame ducks and geese on their lawns or luring them into garages where they are killed. "Metro" also handles Game and Fish Code enforcement on metropolitan area lakes and rivers, hundreds of "an' nuisance" calls, and 75 to ll~ quests each day for information during the fall hunting seasons, some 1,400 highway deer kills an- nually and other DNR enforce- ment functions. Plan to close DNR office in St, Paul is criticized By ~ob Schranck I - :~-o_ Staff Writer A legislative order made during the waning hours of last year's session -- to close the Metro Region headquar- ters of the Minnesota Department of Natural Resources (DNR) --came under fire this week from the Minne- sota Sportfishing Congress. The organized opposition to the clos- ing of the office at 1200.Warner Rd., St. Paul, came just as the DNR pre- pared to submit a study ordered by the legislative conference commit- tee, a pla~ to close as many as two more regional offices. '"Since there was no date certain when the Metro office had to be closed," DNR Commissioner Joe Al- exander said Wednesday, "we have kept it open while completing our study that goes all the way from closing that one to closing three. This Study will be distributed in the Legis- lature T. hursday (today). "We felt we had some time to get our act together. We don't doubt the or- der to close it (Metro office) before (July 1), but we do want the Legisla- ture to understand what closing this office will mean in service to the public and comparative costs to maintain the service elsewhere. "We haven't cost anybody any mon- ey by not closing it before this." · The issue arose when it was decided that the DNR had to trim $450,000 from its 1983-1985 budget. "It costs $,150,000 annually to run that region, including the hatchery," Alexander said. "I don't think we could get rid of the real estate. I don't believe anyone has looked at what would happen if we closed it." Ti~e Metro office in St. Paul opened in',19'~5. All DNR functions -- en- forcement, fisheries, forestry, parks argl recreation, waters, wildlife and find services -- are handled from si~, regional of flees. The others are in;Grand Rapids, Bemidji, Brainerd, N~w Uim and Rochester. Frank Schneider Jr., president of the sportfishing congress, said his group will urge the Legislature "to rescind this short-sighted decision." would deprive 'hundreds of thou- sands of sportsmen in the seven- county area of vital DNR services and effectiv.ely cancel many innova- tive fish management programs now being conducted by the Metro of- fice,'' he said. Schneider noted that 40 percent of the state's 1.5 million fishermen live in the metro area, which has about 300 fishing lakes in addition to por- tions of the Mississippi, Minnesota 'and St. Croix rivers. "It's really a valuable tool for us," Alexander said. "There's no way the central office could handle what a regional office does in the same lev- el of service. We could not absorb the activities of the office and an- swer the complaints the way they are done through the Metro office. And there is a hatchery and repair shop there, so closing the office wouldn't shut down the facility. "The onlY/ reason we're having any trouble is that it's in St. Paul. The feeling is: 'Why can't you do it in the Centennial Building' (central of- fice)?' "The Metro office was organized be- cause of a definite need; we were getting so many of these field-type things in and didn't have the person- nel in the office to handle them. Those pressures on the resources are greater now than they were in '75." Schneider said the Metro office was "in the forefront of developing inno- vative fish management programs, including maskle, walleye and pan- fish stocking and hybrid breeding; public access purchases and mainte- nance; development of parking facil- ities and children's fishing ponds, and aeration of winter-threatened shallow lakes.' He said closing the Metro office and relocating its services in Rochester could cost up to $800.000. but doubt- ed that many of the 10,000 yearly inquiries would be made with Iong- dis~nce calls. "The raw savings of closing the Met- ro office would be about $150,000 per year," Alexander said. "Out we don't know what relocation expenses will be, with bumps and unemploy- ment. "Elimination of the Metro office 317 J/? FEBHUARY EV~TS Hubert H. Humphrey Institute of Public Affairs 909 Social Sciences 267 19th Avenue South Minneapolis, Minnesota 5~455 Contact Person: Jayns Marecek Special Programs Adminiatrator (612) 576-9781 February' 2 ~:00-5:00 p.m. February 3 12:15 5:30-5:00 p.m. February 4 7:30 p.m. February 6 12:OO noon February 7 February 8 February 9 February 10 February 11 February 15 February 14 February 16 February 17 12:~0 p.m. 11:00 a.m. 6:00 l~m. 8:50-9:30 p.m. 11:~0 a.m. - 1:30 p.m. 7:30-9:30 p.m. 3:30-5:00 p.m. 4:00-9:00 p.m. 7:50 p.m. 12:00 noon 12: IK) p.m. 11:00 a.m. 9:00-11:00 a.m. 4:00-6:00 l~m. 3:30-5:00 l~m. 4:00-9:00 p.m. Facult[ Meetin$. Conference Room, 909 Social Sciences. Calvin Bradford and Mike Temali will present the findings on the "Politics of Public Private Partnership: The Case of City Venture Corporation' at West Bamk Union Auditorium (basement of Willey Hall, east and~ Free and open to the public. Minnesota Development PolicT~ork~o~ 230 Classroom Office ~uilding, St. Paul Campus. Open, no cost. Con- tact: Margi Dewar, 373-4621. Weekend. Editor: Ted Koldsrie. KTCA TV. Minnesota Issues. Host: Arthur Naftalin. k'TCA w'~Israeli Peace. Movement: Does it Offer a Realistic Alternative?' Cuesta: Meir Pa'il. Israeli educator and former member of Knesaet; Cad Ben-Ari, Israeli Twin.- Weekend. Repeat. KTCA TV. ~';~" Minnesota Iasue8. Repeat. (also KUOM A~-, :00 p;m.) Hum~hre~ Inatitute Women's Caucus. Potluck Dinner. Cueot~ Special -"~ine~h,~ut~¥e Director of Minneapolis Indian Health Board Clinic. Rm. ~09, Coffman Union. Sig~ up in Student Lounge. Contact: Ellis Webster, 721-6116. Calvin Bradford and Mike Temalai will present the first of a series of community workshops for organizing and action: Doin6 Research at the Communit7 Level: "Quick and Dirty--But~o--~-~"--.2--~l~ Conference Room. Contact: Calvin Bradford or ~arlene ~ertken, 376-9798. Modernization Seminar. Cuest: AleJendro Rottini. "~ripla Collia[-6~ in Argentina.' Campus Club, Dale Shepard Room. Contact: Reba Carruth, 376-98~. Calvin Bradford will participate in a panel discussion hosted by the Twin Cities ~ray Panther~ "Rousing: Band Aids or Cures?.' Hudson House, ]2~ First Avenue South. Free and open to the public. Minnesota Development Policy ~ 230 Claanrooe Office Building, St. Paul Campus. Open, no cost. Contact: ~argi Dewar, 373-4621. Elected Officials Seminar. 'Leadership: Changes, Trends and Dira~Discussants: Bob Terry, Dave Jennings, Harry SieBen, Rom Sieloff and Roger Moe. 2610 Living Room. Contact: Sharon Anderson, 376-985~. Weekend. Editor: Ted Kolderie. KTCA TV. Minnesota Issues. Host: Arthur Naftalin. KTCA TV. ~-~e We Heading ~or Moral Decadence?# ~uest: Nat Hentoff, author and social critic, columnist for the Village Voice. Weekend. Repeat. KTCA TV. St, Yalentine'aDay Minnesota Issues. Repeat (also k'UOM A~-I:O0 p.m.) Reflective Leadership P.ro~ram Consultation Series. Raul Hanglapus, former Philippine official, now in self-exile, will discuss his views of how democratic countries should respond to those ruled by martial law. Manglapua is presi- dent of the Movement for a Free Philippines. 2610 Living Room. (Advance reservations required. Cost, $5, includes breakfast.) Contact: Betty Radcliffe, 376-9801. Leadershi~ ~eminar Alumni Catherin6. "Information aa a Resource discussion with Don Geesaman. Minnesota Development Polic~ ¥orkeho~ 250 Classroom ~uilding, ~t. P~ul Campus. Open, no cost. Con- tact: Margi Dewar, 575-4621. Elected Officials Seminar. #Leadership: Changes, Trends and Dire~ Discussants: Bob Terry, Dave Jennings, Harry Sieben, Rom Sieloff and Roger Mos. 26~O Living Room. Contact: Sharon Anderson, February 17 5:00-6:30 p.m. (cont.) February 18 7:50 p.m. February 19 9:00-11:50 a.m. & 1:50-4:OO February 20 12:00 noon February 21 February 22 February February February 24 12:30 p.m. 11:00 a.mo 11:3/) a.m. - 1:~0 p.m. 2:00-5:00 p.m. 8:30 a.m - 5:30 p.m.. . 2:30-5:00 p.m. 5:00 February 25 7:45 a.m. February ?:~0 p.m. 12:00 noon 12:30 p.m. February 28 11:00 a.m. 8:00 p.m. Even~upcomin~ ~n earl~March: March 1 11:20 a.m. - 2:00 p.m. March 2 12:00 noon - 1:30 p.m. March 5 12:15 p.m. March 5 3:00 p.m~ MN ASP~ 'Job Training and Retraining: Are We Getting the Job Done?' Metro Council Chambers, 3~)O Metro Square Building, 7th and Robert Streets, St. Paul. Open to the · Public. No reservations or fee. Contact: Roger Israel (61z) zgi-6~oz. Weekend. Editor: Ted Xolderie. ETCA TV. "Symposium on Polish $oliaarity." Health Sciences Unit A. Contact Jayne Mare(ak, 376-9704. (Humphrey Institute is a co-sponsor.) Minnesota Issues. Host: Arthur Haftalin. XTCA TV. "The Governor and His Budget." Guest: Governor Rudy Perpich. (This will ~bstitute for the program "Can Minnesota Business Guide the State's Future" with E. Peter Gillette and Harold Chucker.) Weekend. Repeat. KTCA TV. ~niversit[ Holiday. Presidents' Day. Minnesota Issues. Repeat. (Also EUOH A~-i:OO p.m.) - Modernization Seminar. Guest~ Jag Santos Lucaa. 'Triple Collision in Portugal.' Campus Club, Dale Shepard Room. Contact: Reba Carruth, 3/6-9855. Faculty Mee{ln~[' Conference Room, 9~9 S;cial Sciences. Calvin Bradford and Mike Temali will'present the second in the aeries of community vorkahope for organiaing and action: "Communities and Tax Policies. 2610 Conference Room. Contact: Calvin Rradford or Marlane Certken, 376-979~. Minnesota Development Policy~ 230 Classroom Office Building, St. Paul Campus. Open, no cost. Contact: ~argi Dewar, 373-4621. Alumni ~orum. Presentor: John Brandi. "Realth Care Cost Containment: Ro~ to Balance the Budget and Remain Humane. 2610 Living Room. Contact: Fram Sontag, 376- 9130. Rumphre~ Institute_Women's Caucu~ Valli West ' ' Restaurant. Special Guest: Mary~eRochea, Comptroller- Treasurer, City of Minneapolis. Sign up in Student Lounge. Contact Ellis Webster, 721-6116, Weekend. Ed~tor~ Ted Kolderie. ETCA TV. Minnesota Issues. Host: Arthur' Naftalin. ~ Can We Do With Our Hazardous Waste?' Guests: Robert ~ Dunn, Chairman, Hinnesota Waste Management Board, and Representative Dee Long of Minneapolis, Vice Chairperson, ~egislative Commission on Waste Mnnagenen~. Weekend. Repeat. XTCA TV. Minnesota Issues. Repeat. (also E'USM AM-I:OO p.m.) M*AeS*H. WCCO TV, Channel 4~ Final Episode .... Reflective Leadership Consultation Series. Resource Person: Prof. Vern Ruttan (Agriculture and Applied Engineering). 'World Hunger: What Institutions Need to be Built, and What Should be America's Role?' Living Room. Contact: Sharon Anderson, Carlson Lecture Series. Jeanne Xirkpatrick, U.S. Ambassador to the United Nations. Coffman Memorial Union. Free and Open to the Public. Contact: Jayne Marecek, ~76-9784. Public Lecture. Prof. Martin Sherwin, diplomatic historian ffrom Tufts University. '~he Legacy of Riroohima: From Roosevelt to Reagan.' West Bank Union Program Hall Auditorium (east end, lover level, Willey Hall). Public Lecture. Prof. Hartin Sherwin, diplomatic historian from Tufts University. 'The Legacy of Hiroshima: From Roosevelt to Reagan." Jean D'Arc Auditorium, College of St. Catherine. Contact: Elaine Tyler Hay, Program in American Studies, 376-~704. (Humphrey Institute is a co-sponsor of these two lectures.) 353 Senate Office Buildin9 Washington, D.C. 20510 (202) 224-3244 FOR IMMEDIATE RELEASE FEB. 2, 1983 Durenberger Suite 550 East Butler Square Buildin§ 100 N. Sixth Street Minneapolis, MN 55403 (612) 725-6111 CONTACT: KAREN DOYNE (202) 2~4-7837 NEW REVENUE SHARING PLAN WOULD RESTORE STATE FUNDING (Washington) -- State governments would receive General Revenue Sharing (GRS) funds for the first time in four years, under revisions in the GRS program proposed today by Senator Dave Durenberger (R-Minn.). Speaking ~o a meeting of the Municipal Finance Officers Association in Washington, Durenberger said the proposal answers the need "to build on the GRS program; to use General Revenue Sharing as a creative vehicle for federalism reforms that have been long sought and recommended by officials from all levels of government." Durenberger said he would introduce the revised 5-year GRS reauthorization in mid-February. The program's current authorization runs out on Sept. ~.0, 1983. "I think we made a major error when we dropped the states (from the GRS program) in 1980," Durenbe~ger said. "The Congress had a deficit and the states had a surplus, so we booted them out. Now we are in a scramble looking for new programs to get money back out to the states. As Senator Dole said recently, 'The best jobs program I know of is General Revenue Sharing.'" Under Durenberger's plan, states initially would receive $6 billion per year. Like local government recipients, the states could use the funding at their own discretion to answer their own particular needs. The state funds would be distributed through a formula based upon a state's fiscal capacity--its ability to raise its own revenues to finance social services, maintain infrastructure, and meet the other needs of its citizens. There are great disparities in this capacity among the states, Durenberger said, fueled partly by the ability of energy-rich states to export their tax burden to other states through resource severance taxes. The allocation of the state GRS funding would be aimed at easing such disparities. Local governments initially would receive $5.5 billion per year from the GRS program, $900 million above the current funding level. The bill also would make what Durenberger termed "pratical adjustments" in the mathematical formula used to allocate the local funds, in order to achieve more equity. Durenberger said the changes "assure that cities of equal size and need will be treated equally" and "that more of the funds will go to local governments with greater need." However, he added, "No government will get less funds under this legislation than it would receive if the current program were simply reauthorized." The bill would create a General Revenue Sharing Trust Fund from which to draw GRS funding. It would consist of a permanently ear- marked, fixed percentage of Federal income tax collections. Currently, the program relies upon short-term authorizations and appropriations from general revenues. To help fill the trust fund, Durenberger's proposal would limit the deductibility of state and local taxes frem the federal income tax. For each taxpayer, the amount paid in state income tax, sales tax and property tax would be "pooled" into one figure; only the amount exceeding 1 percent of the taxpayer's adjusted gross income would be deductible from federal income tax. Durenberger said the "tax pooling" approach would sufficiently broaden the tax base, while not affecting the ability of state and local governments to raise revenues. -30- CITY of' MOUND MEMO 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 February 11, 1983 TO: CITY COUNCIL FROM: CITY MANAGER RE: PUBLIC ACCESS SITE The Lake Minnetonka Task Force has come up with a preliminary list of three public access sites in the City of Mound. They would like to have some feedback from the City as it relates to our position on these. Enclosed are maps of the three proposed sites. I have not placed this item. formally, on the Agenda since it came in late, but if you want to discuss them, I am sure the Task Force would be happy to receive some direction from us. JE:fc enc. :OF ~ ¢OUND trot 227~ I 1¢0~. · Port of Lot ¢o voo HARR see record Wo~! sectlofl are' thefoeffc~ .. dfo[|nI pu T ,Il 15 Core, ongle s ore/o ~:" /he lints - est. by ody. pos ond div. line b~n. 6o~'l Lots : .~ ~ SHIR 19 ° LAKE MINNETONKA CONSERVATION DISTRICT TO: FROM: DATE: SUBJ: EXECUTIVE COMMITTEE F. Mixa February 11, 1983 Ta~k Force Interim~Report to Legislative Committee February 9, 1983 Attached is the Task Force interim report to the House subcommittee on DNR activities February 9, 1983. Summary of Recommendations February 9, 1983 1. Existing boat accesses should be improved by adding make-ready docks, redesigning and upgradin§ on-site parking, improving site appearance, improving signing and providing and protecting off-site parking opportunities. a. Improvement of two sites are recommended: ° North Arm (Zone 1), Spring Park (Zone 4). b. Agreements guaranteeing street parking are needed between the Lake Minnetonka Conservation District and the appropriate municipalities at these sites and possibly others 2. New boat access sites to the lake~are needed. The following areas are recommended:' a. A new boat access site is needed in Gideons Bay (Zone 3). The Task Force has located three sites and is confident that one can be developed (see map). b. More access is needed in Zone $. The Task Force has recommended two sites and is confident one or both sites can be developed (see map). 3. Expansion of some present access sites is desirable. recommended for expansion: a. Williams Street (Halstad's Bay, Zone 5). b. Greys Bay Causeway (Zone 2, see attached resolution). Two sites are 4. Expansion of shore fishing opportunities is needed by securing parking and developing fishing piers. One site has been recommended in Brown's Bay (Zone 2). 5. Acquire and develop Big Island as a regional park. park. the veteran's camp (see map). Include in the new 6. Marinas currently provide access and services to lake users. We recommend that LMCD code be charged to require all existing and future marinas to provide more public service facilities. 0498E Charge to lask Force The charge to the task force'members is to prepare a report that addresses the recreational use of Lake Minnetonka and adjacent public land, including but not limited to the following topics: 1. Evaluation of present recreational management programs, including law enforcement and maintenance, with recommendations for improvements to those programs if needed. 2. Adequacy of existing public access to the lake, including a comprehensive inventory of public and private commercial lake access facilities and lake-oriented recreational facilities such as beaches and parks. Recommendations for improvement to existing facilities and proposals for additional facilities should be made if necessary. 3. Evaluation of recreational water surface use patterns on the lake, including identification of surface use conflicts and recommendations for resolving those conflicts. A draft report should be completed by mid-April. ~ C rn ~ Lake Minnetonka Task Force A RESOLUTION SUPPORTING CONCEPT DESIGN PLANS FOR IMPROVEMENT TO THE GRAYS BAY CAUSEWAY AREA WHEREAS, The Lake Minnetonka Task Force was formed at the request of the Governor to, among other charges, report on the adequacy of existing public access to the Lake and to make recommendations for improvements to existing ~acilities; and WHEREAS, The Lake Minnetonka Task Force is addressing those specific charges; and . ..WHEREAS, The Lake Minnetonka Task Force has agreed that there is a recognized need for improved boat access sites on Lake Minnetonka; and WHEREAS, The Grays Bay Causeway site has long served as a heavily used boat access site on Lake Minnetonka even though it is hazardous, environmentally unsound, and aesthetically unpleasing; and WHEREAS, There have been numerous proposals over the last 15 years to improve the area which have not proceeded due to lack of funding and unresolved differences between local cities and various agencies; and WHEREAS, The Lake is a resource that must be approached from a regional persPective; and WHEREAS, There is a need to provide increased accommodation of those individuals who want to enjoy the Lake by swimmin§ on its b:ach~s and f~shing on its shores; and WHEREAS, Highway lO1 across the causeway is one of only a few areas where a significant public road is located immediately adjacent to the Lake providing aesthetic enjoyment of the Lake by vehicular traffic; and ~HEREAS, While placement of fill in the Lake is generally prohibited, expanding the access site area by suitable and environmentally acceptable means will have overall public benefit; and WHEREAS, Highway lO1 and the associated causeway site are scheduled for improvement in the near future by the Minnesota Department of Transportation; and WHEREAS, Concept design plans have been created which generally address and include the desired features; and WHEREAS, Early approval of the ..concept design plans is required by the Minnesota Department of Transportation for the project to proceed with the desired features; NOW, THEREFORE, BE IT RESOLVED By the members of the Lake Minnetonka Task Force that: ~mprovement and expansion of the Causeway access site is necessary and ~esirable and should be designed to meet the need of a re§ional constituency. 2. Development and improvement of the Causeway site should provide for boat launching facilities and related parking on the Grays Bay side of the Causeway, preserving and enhancing the Wayzata Bay side for aesthetic and general recreational use of the Lake; and 3. The City of Wayzata, the City of Minnetonka, the Department of Natural Resources, the Hennepin County Park Reserve District~ the Lake Minnetonka Conservation District, the Minnehaha Watershed District the Metropolitan Parks and Open Space Commission and other needed agencies are urged to expeditiously approve a concept design plan, incor'porating the recommendations identified in this Resolution. Adopted by the Public Access Committee of the Lake Minnetonka Task Force this 8 day of February, 1983. Chai rman Staff Coordinator ..S. 1222 1' Prat of Los Z5 I I . I I (wEST Z , i ~mO?!N I1~ . .agum0 STATE OF D PARTAAENT OF NATURAL Metro Region Headquarters, 1200 Warner Rc~.-.~, St. Paul, 296-8949 March 30, 1982 RESOURCES ~tinnesota 55106 FIL,E Roy O' Donnell 3207 Charles Iane ~und, MN 55364 Dear t.~r. O ' Donne~ 1: We %.;ish to thank you for considering selling your _T~]ce ~ZinnetoP2<a property to the Depal~n~ent of Nab:_ral Resources. Ro~mver, at this time, the Department will not pursue a purchase of the property. Currently the emphasis of the access progr~n is to develop accesses J/] areas of the lake which have no accesses within a reasonable distance. Y~,_~ property is on a bay within close proximity to existing accesses in Orono and Spring Park. To better service the public's access needs to Lake b~innetonka, a task force made up of persons frcm a variety of disciplines an~ various units of government is in the process of being formc<t. This task force will investigate and analyze the Minn.:tonka access situation and ~.~ke reco~,w~ndati~s for imp?=~c.~.~t. Should the task force decide to ~rsue affJditional access to the nort/]west area of ~ ~inneto.~a, I 'm confi¢]ent yuur property, if still available, %~uld ba c~3nsidered due to .its high po'b~ntial for an access development. If you are interested in the pro~.'ess and re~a~endations of the task fOrce, feel free to contact F.~ later this year. ~l~¥'~.nJc you' again for offering the property to the Depar~_nt of Na~u~l Resources. Respectfully, POrj~o Paul Olson