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1991 - Minutes & Resolutions• 0 U CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTIONS 1991 91-01 Naming An Official Depository - Marquette Bank of Mound 91-02 Naming An Official Depository - First National Bank of the Lakes 91-03 Naming An Official Depository - First Minnesota of Mound 91-04 Establishing Order of Business and a Time for Regular Meetings 91-05 Implementing a Recycling Program 91-06 Establishing A Policy for Fund Balances 91-07 Supporting the Fiscal Disparities Program 91-08 Extending Dancing on Friday Notes 91-09 Opposing Further Cuts in State Aid 91-10 Designating Year end Fund Balances 91-11 CDBG - Allocation for Year XVII 91-12 Municipal Support For Suburban Hennepin Parks Legislation 91-13 Adopting a Moratorium on Subdivisions and Tandem Lot Splits 91-14 Proclaiming Westonka Senior Center Week - May 6 - May 10 91-15 WHHS Agreement 91-16 Negotiations With Dakota Rail 91-17 Promoting the Use of Materials with Recycled Content in Publicly Construction 91-18 Memorializing the Dedication of Lafayette Lane 91-19 Urging Hennepin County's Adoption of Local Option Sales Tax 91-20 Establishing the Date for a Public Hearing for Revenue Bonds 91-21 Subrecipient Agreement with Hn. Cty. CDBG Funds for Year XVII 91-22 Adopting a Program & Giving Preliminary Approval to Project & Financing 91-23 Preliminary Approval Presbyterian Homes & Issuance of Revenue Bonds 91-24 Adopting a Moratorium on Impervious Surface 91-25 Approving The Appointment & Reappointment of Members of the HRA 91-26 Approving 1992 Proposed Tax Levy & Budget 91-27 Relating to Health Care Facility Revenue Bonds - Authorizing the Issuance of the Bonds - Execution of Documents & Minutes 91-28 Relating -to $1,400,000 City of Spring Park, MN Multifamily Housing Revenue Notes (Lakeshore Village Project) & Authorizing the Issuance Thereof Pursuant to MN Statutes, Chapter 462C 91-29 Approving The 1992 Budget For The Lake Minnetonka Cable Communications Commission 91-29 NOT ADOPTED 91-30 Setting A Hearing on Proposed Assessment - CSAH 15 91-31 Adopting Assessment For Improvements - CSAH 15 91-32 Adopting 1992 Budget & Tax Levy 91-33 Approving Henn. Cty. Agreement & Authorizing Admistrator to Sign - CSAH 125 91-34 Approving Gambling License Applications for the Northwest Tonka Lions Club 91-35 Approving the Preliminary Draft Plan of the Stormwater Management Plan CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-1 NAMING AN OFFICIAL DEPOSITORY BE IT RESOLVED by the City Council of the City of Spring Park that the Marquette Bank of Mound is hereby appointed the official depository for the funds of the City of Spring Park retroactive to January 1, 1991. BE IT RESOLVED that the Marquette Bank of Mound is hereby directed to honor and pay any checks or orders when signed by the Mayor and Clerk - Treasurer or their duly appointed alternates as indicated on signature cards duly executed and previously transmitted to said depository, for the withdrawal or transfer of funds on deposit in said bank in whatever form. BE IT FURTHER RESOLVED that in case such deposits shall at any time exceed one hundred thousand (100,000.) dollars, said depository shall immediately furnish bond or securities in lieu of bond as collateral according to law. The Marquette National Bank of Minneapolis, Minnesota is hereby designated as the place for the safekeeping of all securities furnished as collateral in lieu of such bond. • BE IT FURTHER RESOLVED that said bank shall be entitled to rely upon this resolution until written notice of modification or recision has been furnished to and received by said bank. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS DAY OF January, 1991. ATTEST: 40 ADMINISTRATOR/CLERK/TREASURER 7th CITY OF SPRING PARK • SPRING PARK, MINNESOTA RESOLUTION 91-2 NAMING AN OFFICIAL DEPOSITORY BE IT RESOLVED by the City Council of the City of Spring Park that the First National Bank of the Lakes is hereby appointed the official depository for the funds of the City of Spring Park re- troactive to January 1, 1991. BE IT RESOLVED that the First National Bank of the Lakes is hereby directed to honor and pay any checks or orders when signed by the Mayor and Clerk -Treasurer or their duly appointed alternates as indicated on signature card duly executed and previously trans- mitted to said depository, for the withdrawal or transfer of funds on deposit in said bank in whatever form. BE IT RESOLVED that in case such deposits shall at any time exceed one hundred thousand ($100,000) dollars, said depository shall immediately furnish bond or securities in lieu of bond as collateral according to law. American National Bank of Saint Paul, Minnesota is hereby designated as the place for safekeeping of all securities furnished as collateral in • lieu of bond. BE IT FURTHER RESOLVED that said bank shall be entitled to rely upon this resolution until written notice of modification or recision has been furnished to and received by said bank. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 7th DAY OF January, 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER APPROVED: MFOR CITY OF SPRING PARK SPRING PARK, MINNESOTA • RESOLUTION 91-3 NAMING AN OFFICIAL DEPOSITORY BE IT RESOLVED by the City Council of the City of Spring Park that the First Minnesota, of Mound, Minnesota is hereby appointed the official depository for the funds of the City of Spring Park retroactive to January 1, 1991. BE IT FURTHER RESOLVED that the First Minnesota of Mound, Minnesota is hereby directed to honor and pay any checks or orders when signed by the Mayor and Clerk-Treasureror their duly appointed alternates as in- dicated on said depository for the withdrawal or transfer of funds on deposit in said bank in whatever form. BE IT FURTHER RESOLVED that in case such deposits shall at any time exceed one hundred thousand ($100,000) dollars said depository shall immediately furnish bond or securities in lieu of bond as collateral according to law. First Minnesota of Des Moines, Iowa, is hereby designated as the place for the safekeeping of all securities furnished as collateral in lieu of such bond. is BE IT FURTHER RESOLVED that said bank shall be entitled to rely upon this resolution until written notice of modification or recision has been furnished to and received by said bank. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 7th DAY OF January, 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER L� 0 • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-4 ESTABLISHING ORDER OF BUSINESS AND A TIME FOR REGULAR COUNCIL MEETINGS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THAT: The business of the City Council shall be conducted in the following order: 1_ Call to order 2. Roll call 3. Adopt agenda 4. Approval of minutes 5. Petitions, requests, and applications 6. Ordinances and resolutions 7. Reports of officers and committees 8. Claims for payment 9. Unfinished business 10. New business and communications 11. Miscellaneous 12. Adjournment BE IT FURTHER RESOLVED THAT Effective with the date hereof the Council shall meet regularly on the first and third Monday of each month except when such date falls on a legal holiday, whereupon the Council shall meet on the day succeeding the legal holiday. The place and hour of the meet- ing shall be in the City Hall at 7:30 p.m. unless due notice to the con- trary shall have been served. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS January, 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER 7th DAY OF CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-05 IMPLEMENTING A RECYCLING PROGRAM WHEREAS, Pursuant to Minnesota Statute 115A.551, by December 31, 1993, each county in the metropolitan area will have as a goal to recycle a min- imum of 35 percent (35%) by weight of total solid waste generation, and each county must develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, Pursuant to Minnesota Statute 115A.552, counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County had adopted a Hennepin County Funding Assistance Policy for Source -Separated Recyclables on September 11, 1990, to distribute funds to cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds, cities must meet the conditions set forth in the "funding policy"; and WHEREAS, the City desires to receive these County funds; THEREFORE, BE IT RESOLVED, that the City Council authorizes the submittal of the 1991 Hennepin County Grant Application for Municipal Source -Separated Recyclables; BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hennepin County Funding Assistance Policy the City agrees to implement a waste reduction and recycling program as committed to by its submission of the 1991 Hennepin County Recycling Grant Application and that the City will use such County funds for the limited purpose of implementing the city's waste reduction and recycling program. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 22nd OF January , 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-06 ESTABLISHING A POLICY FOR DESIGNATION OF YEAR-END FUND BALANCES IN THE GENERAL FUND AND OTHER FUNDS AS NOTED. WHEREAS, the City of Spring Park operates on a calendar year for financial purposes. Since the major revenue sources of the General Fund are the tax levy and licenses and permits, and since none of these monies are received by the city until late June, it is important to have a fund balance in the General Fund for working capital purposes. THEREFORE, it shall be the policy of the City to maintain a minimum year- end designated fund balance in the General Fund equal to 50% of the following year's adopted General Fund Budget. WHEREAS, other funds of the City have been created to provide for a specific purpose, therefore the policy of the City regarding the year end fund bal- ances of these funds shall be as follows: 1. SPECIAL INVESTMENT FUND: Future Road Improvements 2. HRA: Payment of Tax Increment Bonds in event of default. 3. WATER FUND: (a) Reserved for replacement/repair of wells, water plant and water lines (b) Reserved for payment of revenue bonds. 4. SEWER FUND: Reserved for replacement, capital improvements and major un- foreseen repairs of the sewer system. BE IT FURTHER RESOLVED that the City Council shall designate the dollar amounts to be designated each year-end in each of the above funds when balances are determined at year end. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 22nd OF January , 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER is APPROVED:, DAY • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-07 A RESOLUTION SUPPORTING HENNEPIN COUNTY'S PROPOSAL FOR REFORM OF THE FISCAL DISPARITIES PROGRAM WHEREAS, the Minnesota Legislature implemented a Fiscal Disparities Program in 1975, and WHEREAS, the intent was to let everyone share in the growth of the region, and WHEREAS, some cities are gainers and some are losers, Hennepin County and its municipalities have been losing tax base to fiscal disparities primarily due to inflationary value increases, and WHEREAS, Hennepin County has proposed a modification of the Fiscal Disparities program limiting the size of the tax base to its 1991 level, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Spring Park that Hennepin County be supported in its effort to improve the Fiscal Disparity Policy and that the Minnesota Legislature be urged to consider such modification. • ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 22nd DAY OF January 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER C J ,'Jerome P.. Ro vam, C CITY OF SPRING PARK SPRING PARK, MINNESOTA • RESOLUTION NO. 91-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SPRING PARK ALLOWING FOR PUBLIC DANCES ON FRIDAY AND EXTENDING THE TRIAL PERIOD FOR AN ADDITIONAL YEAR. WHEREAS, Ordinance No. 17.03 presently prohibits public dances on any days other than Saturdays or New Year's Eve; and WHEREAS, the City Council has considered expanding the days allowed for such public dances; and WHEREAS, the City Council wishes time to consider the desirability of allowing dances on other days of the week; and WHEREAS, Council felt the trial period should be extended for an additional year for a fair appraisal, this will be reviewed in January 1992. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Spring Park: 1. That applications for public dances shall be considered for both Fridays and Saturdays between the hours specified in Section 6 Ordinance 17.03. 2. That on or before January 1992 the City Council will consider the desirability of a permanent amendment to the Public Dance Ordinance, 3. That approval of applications for Friday public dances shall be subject to all of the conditions and requirements of Ordinance 17.03. Licensees shall meet all requirements of, and be subject to penalties provided in, Ordinance 17.03. ADOPTED BY THE SPRING PARK CITY COUNCIL THIS 22nd DAY OF January, 1991. ATTEST: mil/' o�✓a-Y,��v • Patricia Osmonson, Administrator Clk Treasurer CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-09 A RESOLUTION OPPOSING FURTHER CUTS IN STATE AID TO CITIES WHEREAS, State aid helps fund basic city services for the City of Spring Park and aid cuts would force large property tax increases and threaten cuts in these services; WHEREAS, cities in Minnesota deliver essential services such as police and fire pro- tection, snow plowing and street construction and maintenance, sewer and water ser- vice, and WHEREAS, state financial assistance programs such as local government aid and home- stead credit aid have been used to lower and equalize Minnesota residents' property tax burdens, and WHEREAS, our City has already faced large aid cuts: in 1989, $85 million in aid was shifted from cities to school districts; in 1990, city aid was permanently cut by $15.6 million and the $30 million LGA inflation adjustment was eliminated for Pay 1991 and all future years; for 1992, another $29 million dollars in local aid cuts are expected to meet the budget reduction target in the 1990 tax bill; WHEREAS, we oppose Governor Carlson's plan to cut local government aid (LGA) and homestead and agricultural credit aid (HACA) by $21 million to help solve the $197 million state budget shortfall; • WHEREAS, cities are not the cause of the current budget crisis, and cities, like our own, have proven to be frugal spenders. Per capita city spending in 1989 was virtually unchanged from its level in 1980; THEREFORE, BE IT RESOLVED by the City Council of the City of Spring Park, Minnesota, that state aid to cities be maintained at current levels; FURTHERMORE BE IT RESOLVED that further cuts in property tax relief programs or tightening of levy limits for Pay 1991-1993 will force the City of Spring Park to raise property taxes and seriously affect our ability to provide vital services to our citizens; FURTHERMORE, BE IT RESOLVED that our members of the Minnesota State Legislature oppose cuts in state aid to cities, tightening of levy limits, or reductions based on fund balances. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 20th DAY OF Feb. 1991. APPROVED: ATTEST: � = CJ • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-10 DESIGNATING YEAR-END FUND BALANCES WHEREAS, the City of Spring Park has set forth a policy for designation of year-end fund balances, and WHEREAS, Council policy states that dollar amounts of the various fund balances be set at year-end after the audit, and WHEREAS, the auditors have completed the audit of the books for year 1990 and have established the amounts of year-end balances as follows: Special Investment Fund 91,488.55 HRA 613,688.80 Water 247,316.11 Sewer 636,853.66 NOW THEREFORE be it resolved by the City Council of the City of Spring Park that the fund balances be recorded in the audit papers as designated above, and FURTHER, that 50% of the 1991 General Fund Budget be designated as oper- ating capital in the audit papers in the amount of $291,611.00 Adopted by the City Council of the City of Spring Park this 20th day of February , 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER 6 0 CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION NO. 91-11 APPROVING PROPOSED PROGRAM FOR YEAR XVII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Spring Park, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit it the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Spring Park has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, following a public hearing on MARCH 18, 1991 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and the City's following proposed use of $10,083.00 from the Year XVII Urban Hennepin County Community Development block Grant; Projects Budget Westonka Senior Center/Outreach $4676.00 Westonka Intervention $1000.00 Westonka Community Action Network (WeCan) $1000.00 Comprehensive Plan Update $3407.00 Total $10,083.00 BE IT RESOLVED that the City Council of Spring Park approves the proposed use of Year XVII Urban Hennepin County Community Development Block Grant funds and program related income and authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XVII Urban Hennepin County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 18th DAY OF March , 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-12 MUNICIPAL SUPPORT FOR SUBURBAN HENNEPIN PARKS LEGISLATION WHEREAS, the Suburban Hennepin Regional Park District is a unit of local government created to develop, manage and maintain the Suburban Hennepin Regional Park System, and is empowered to levy taxes on the property owners of the Suburban Hennepin Regional Park District and plan for the expenditure of property tax revenues for the benefit of the Suburban Hennepin Regional Park system, and; WHEREAS, an independent and democratically elected Suburban Hennepin Regional Park District Board of Commissioners is essential to assure public confidence in the activities and priorities of the Board of Commissioners, BE IT THEREFORE RESOLVED, that the City Council of the City of Spring Park, on this day, March 18, 1991, expresses unqualified support for legislation before the Minnesota Legislature in the 1991 legislative session that would establish the Suburban Hennepin Regional Park District • Board of Commissioners as an all -elected seven -member board, with com- missioners representing equal size districts within the Suburban Hennepin Regional Park District. BE IT FURTHER RESOLVED, the City Council of the City of Spring Park, on this day, March 18, 1991, expresses unqualified support for legislation before the Minnesota Legislature in the 1991 legislative session that allows the Suburban Hennepin Regional Park District Board of Commissioners to formulate and implement annual budgets for the Suburban Hennepin Regional Park District without review or veto of the Hennepin County Board. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 18th DAY OF March , 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER CITY OF SPRING PARK 16 SPRING PARK, MINNESOTA RESOLUTION 91-13 A RESOLUTION ADOPTING A MORATORIUM ON SUBDIVISIONS AND TANDEM LOT SPLITS IN THE CITY OF SPRING PARK WHEREAS, the City provides for the regulation and orderly development of the City through its zoning code and subdivision ordinance; and WHEREAS, the City Council has determined that reconsideration of tandem lot splits is necessary in order to provide for the most orderly growth and development of the City; and WHEREAS, the City of Spring Park, Minnesota (the City) is implicitly authorized by MN Stat. Sec. 462.351 to adopt a moratorium on developments of limited duration; and WHEREAS, during the period of consideration the City Council believes it to be in the best interests of the City and its property owners to es- tablish a moratorium on all subdivisions and tandem lot splits for properties that may be affected by the Council's actions: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Spring • Park that: From the date hereof through September 18th 1991 there shall be a moratorium on the issuance of any subdivision or tandem lot splits in any District within the City. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 18th DAY OF March , 1991. ATTEST: • ADMINISTRATOR/CLERK/TREASURER • CITY OF SPRING PARK SPRING PARK, MINNESOTA PROCLAIMING WESTONKA SENIOR CENTER WEEK MAY 6 - 10 RESOLUTION 91-14 WHEREAS, we need to realize now, more than ever, what a resource our older Americans are, and that the abilities of older Americans to invest our country with their knowledge, creativity and experience cannot be denied; and WHEREAS, senior centers offer valuable service to the community in providing our senior citizens the benefits of good fellowship, en- couragement and support, the opportunity to help themselves and each other, and offering service of access to community services as needed; and WHEREAS, the month of May has been proclaimed Older Americans Month, and communities across the country are giving special recog- nition to the role of senior centers; THEREFORE, I hereby proclaim May 6th through May 10th as Westonka Senior Citizens Silver Anniversary Week in celebration of past accomp- lishments and encouragement for continuation of involvement and con- tribution to our Westonka Community. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS DAY OF April, 1991. ATTEST: _:j V ADMINISTRATOR/CLERK/TREASURER n 15th CITY OF SPRING PARK 46 SPRING PARK, MINNESOTA RESOLUTION 91-15 RESOLUTION AUTHORIZING THE CITY OF SPRING PARK TO ENTER INTO AGREEMENTS WITH NORTHERN STATES POWER, MINNEGASCO, AND DESIGNATED COMMUNITY BASED ORGANIZATIONS TO PROVIDE COMMUNITY ENERGY SERVICES TO THE RESIDENTS OF SPRING PARK. WHEREAS, rising energy costs are a major expense for low and moderate income families who either own or rent their homes; and WHEREAS, residential energy conservation helps preserve the environment and the quality of life in our community; and WHEREAS, the City Council wants to help its residents contain or reduce their energy costs through energy conservation improvements to their home; and WHEREAS, Minnegasco, a division of Arkla, Inc. and Northern States Power Co. have been directed by Minnesota law to implement residential energy conservation projects; and WHEREAS, both Minnegasco and Northern States Power Company are interested in working with the City in promoting residential energy conservation; and WHEREAS, West Hennepin Human Services Planning Board, the Self Reliance Center and Natural Resources Center have over 25 years of experience in providing residential conservation energy services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK, as follows: 1) The Mayor and City Administrator are authorized to execute the Community Energy Service program for the City of Spring Park. 2) The Mayor and City Administrator are authorized to execute the Community Energy Council Program agreement with Northern States Power and three community based groups (West Hennepin Human Services Planning Board, the Self Reliance Center, and Natural Resources Center) to jointly support those components of the Conservation Energy Service Program identified in this agreement to be funded by Northern States Power and implemented by the three community based groups. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS loth DAY OF MAY , 1991. ATTEST: Adm/Clk/Treas CITY OF SPRING PARK SPRING PARK, MINNESOTA • RESOLUTION 91-17 PROMOTING THE USE OF MATERIALS WITH RECYCLED CONTENT IN PUBLICLY FUNDED CONSTRUCTION AND REMODELING PROJECTS WHEREAS, Hennepin County wishes to encourage municipalities to purchase materials with recycled content and to use such materials in the construc- tion or remodeling of municipal facilities, thus encouraging the develop- ment of markets for materials with recycled content. WHEREAS, Hennepin County has developed a model policy using a rate of reimbursement for municipal recycling programs. BE IT RESOLVED By the City Council of the City of Spring Park the follow- ing model policy is adopted: GOAL: To ensure, wherever practical and appropriate, that materials with recycled content are used in the construction or remodeling of municipal facilities, for the City of Spring Park, the Council requires that: 1. Within twelve months, subsequent to the effective date of this policy, the Purchasing Agent of the City of Spring Park conduct a review of • existing construction or remodeling projects and service specifications to determine whether such specifications promote or exclude the use of recycled products, reuseable products, or products designed to be re- cycled, for use by department agencies, offices, boards, and commissions. 2. In the event that such specifications prohibit or otherwise exclude the use of recycled products, such exclusions or requirements should be eliminated unless the operating department or entity can reasonably demonstrate that the recycled product would be impractical, is unproven, or would not achieve necessary performance or design standards. 3. Within the same 12 month period, all City departments and agencies must make recommendations to the Purchasing Agent to ensure that performance standards and specifications for products used in construction or remodel- ing of municipal facilities do not prohibit the use of products with recycled content. Departments are to initiate or recommend policy changes to ensure that specifications incorporate a requirement which promotes use of materials and products with recycled content wherever practical and appropriate, or they must reasonably demonstrate that either the performance requirements of the product will be compromised or that a product with recycled content is impractical or will otherwise negatively impact health, safety or operational efficiency. 4. Contractors bidding to provide products or services to the City, must meet the intent of requirements described in Paragraph 3. CITY OF SPRING PARK RESOLUTION 91-17 / • Page 2 Cl 5. The City will cooperate with neighboring City, County, and State governments in an effort to develop consistent, and effective procurement efforts which promote the use of recycled products in construction materials wherever practical and appropriate. 6. All related City departments and agencies will work cooperatively to further the purposes of the Resolution. The City's economic develop- ment process will incorporate the "goal" of promoting the use of recycled material. 7. The City's Purchasing Agent shall submit an Annual Report, to be filed with the City Clerk, with a copy to the Clerk to the Hennepin County Board, which overviews the use of construction materials with recycled content which are used in the construction or remodeling of municipal facilities. 8. The City will promote the use of recycled materials and products wher- ever practical and providing that it does not mandate increased costs. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS DAY OF June . 1991. ATTESTED: v ADMINISTRATOR/CLERK/TREASURER 17th • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-18 A RESOLUTION MEMORIALIZING THE DEDICATION, PURSUANT TO MINNESOTA STATUTES SECTION 160.05 AND PURSUANT TO COMMON LAW, OF LAFAYETTE LANE WHEREAS, the City of Spring Park authorized the construction of and did construct a roadway commonly known as Lafayette Lane over and across real property situated in the City of Spring Park, County of Hennepin, State of Minnesota in approximately 1969; and WHEREAS, since that time, said roadway has been paved, plowed, worked, and kept in repair by the City of Spring Park at public expense for the benefit of the general public; and WHEREAS, since that time, said roadway has been continuously used is by and open to the public; and WHEREAS, Minnesota Statutes Section 160.05 provides that a roadway "used and kept in repair and worked for at least six years continuously, as a public highway by a road authority . . . shall be deemed dedicated to the public to the width of actual use and be and remain, until lawfully vacated, a public highway whether it has ever been established as a public highway or not"; and WHEREAS, by Resolution No. 86-18A adopted June 21, 1986, a certified copy of which was recorded in the office of the Hennepin County Recorder on July 29, 1986 as Document No. 5135663, a portion of said roadway was recognized as a public roadway of the City of Spring Park by the Citv Council of said City; and WHEREAS, it is desirable to recognize as a public roadway, in addition to those portions referenced in said Resolution 86-18A, the remainder of said roadway; and WHEREAS, in addition to its dedication to the public pursuant to Minnesota Statutes Section 160.05, said roadway has been dedicated to the public pursuant to the principles of common law dedication and that such roadway has been accepted by the City of Spring Park for use by the public. • . NOW, THEREFORE, BE IT RESOLVED, that said Lafayette Lane is recognized as a public roadway of the City of Spring Park and that it be deemed dedicated to the public to the full extent described in Exhibit A hereto and made a part hereof, which Exhibit includes in its description those portions of said roadway which are the subject of Resolution No. 86-18A. BE IT FURTHER RESOLVED, that the Administrator/Clerk/Treasurer is hereby directed to cause a copy of this Resolution to be recorded in the offices of the County Recorder and Registrar of Titles in and for Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 3rd DAY OF June , 1991. Attested: Patricia Osmonson Administrator/Clerk/Treasurer KAL12/42 • APp SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 105BO WAYZATA BOULEVARD • MINNETONKA, MN 55343-5482 (612) 548-7601 • FAX (612) 546-9065 June 3, 1991 Mrs. Patricia Osmonson City Clerk/Administrator City of Spring Park 4349 Warren Avenue South Spring Park, MN 55384 Subject: Lafayette Lane Description Job No. 10008-004 Dear Ms. Osmonson: I received the copies of the division of the State-owned • land on the west end of Lafayette Lane. Parcel 18-117-23-34-0064 is the portion surrounded by the plat of LAKESHORE VILLAGE and the easterly portion is Parcel 18-117-23-34-0065. This division took place in 1987. Kenneth A. Larson, the city attorney, has provided me with the mortgage document numbers, and I will get copies and determine what property is under each mortgage and what, if any, is affected by RTC. I have received a copy of the resolution to declare Lafayette Lane as a public roadway and can provide you with the description of the right-of-way to be dedicated. Part of this right-of-way is across Torrens land, and I will include a description of the portion of this right-of-way which is Torrens. Description for Lafayette Lane Right -of -Way The south 10.00 feet of Lots 8, 9, 10, 11, 12 and 15, "SAMUEL H. JOHNSON'S ADDITION," according to the recorded plat thereof. The north 20.00 feet of the south 77.00 feet of that part of Government Lot 8, Section 18, Township 117 North, Range 23 West of the 5th Principal Meridian which lies easterly of the southerly extension of the west line of Lot 8, "SAMUEL H. • JOHNSON'S ADDITION," according to the recorded plat thereof. AFFIRMATIVE ACTION • EOUAL OPPORTUNITY EMPLOYER SCHOELL & MADSON, INC. 0 r� U • Mrs. Patricia Osmonson -2- i June 3, 1991 Part of the above Described Dedication is Torrens Property which is Described as follows: The south 10 feet of Lots 10 and 11, "SAMUEL H. JOHNSON'S ADDITION," according to the recorded plat thereof. The north 20.00 feet of the south 77.00 feet of that part of Government Lot 8, Section 28, Township 117 North, Range 23 West of the 5th Principal Meridian which lies between the northerly extension of the east line of Lot 4 and the northerly extension of the west line of Lot 5. Please let me know if I can be of further assistance. TDK/cj cc: Mr. Ken Adolf Mr. Kenneth A. Larson Very truly yours, SCHOELL & MADSON, INC. N, e�4� S ���j rk, Theodore D. Kemna CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-19 URGING HENNEPIN COUNTY'S ADOPTION OF LOCAL OPTION SALES TAX WHEREAS the adoption of the 1/2 percent local option sales tax by Hennepin County would maintain aids to the county and the cities and townships within the county, and WHEREAS failure of Hennepin County to adopt the local option sales tax would result in the loss of all county, city, and township aids with- in the county, amounting to an aid loss of about 2.4% times as much as the county revenues from the 1/2 percent sales tax, and WHEREAS the failure of Hennepin County to adopt the tax would result in the aids currently being received by the local governments in County instead being re -distributed as a windfall to the counties which adopt the tax, and WHEREAS failure to adopt the tax would greatly increase property taxes in Hennepin County, • THEREFORE BE IT RESOLVED that the Spring Park City Council urges the Hennepin County Board of Commissioners to adopt the 1/2 percent local option sales tax prior to the July 1 deadline for such adoption. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 3rd DAY OF June , 1991. ATTEST: • ADMINISTRATOR/CLERK/TREASURER U • • RESOLUTION NO. 91-20 OF TH$ CITY OF SPRING PARRr MINNEBOTA RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF REVENUE BONDS THEREFOR; AND AUTHORIZING THE PUBLICATION OF NOTICE THEREFOR WHERraS. there has been presented to this City Council (the "Council") by Presbyterian Homes of Minnesota, Inc. a nonprofit corporation (the "Company") a proposal that the City issue its revenue bonds in an aggregate amount not to exceed $8,000,000 to finance the acquisition by the Company , or its designated aff iliate corporation, of the nursing home, personal assisted living facility and senior housing facilities commonly known as Lakeshore Village, -in the City of Spring Park, Minnesota (the "Project"); and WHEREAs, prior to approving the issuance of revenue bonds for the Project, as provided in Minnesota statutes Chapter 462C, as amended and Sections 469.152 through 469.165, as amended (collectively, the "Act") the Project and the housing program related to a portion thereof must be considered at a public hearing after a notice published at least fifteen days before said hearing in the official newspaper of the City which circulates generally within the City and on orprior must the bete. said submitted oticto a the is published, the housing program Metropolitan Council for_comment. NOW, THEREFORE, be it resolved by the City Council of the City of spring Park, Minnesota: 1. That the City Council of the City will conduct a public hearing on the proposal to issue revenue obligations and undertake the Project on July 15, 1991 at 7:30 p.m. at the City Hall. 2. That the City Clerk -Administrator of the City is hereby authorized and directed in the formcause publication of the notice of attached public hearing hereto as Exhibit A upon the earliest available publication date. 3. That prior approval by the City of a proposed form Metropolitan Council to the publication thereof, Attorney, is authorized to of housing proaram to be for review. Adopted: June 17, 1991- Attest: Administra or er reasurer the Company,upon cause submission submitted to the tit# of Park CERTIFICATE of APPRECIATION In grateful acknowledgement of many years of faithful and efficient service to this community as a public official and as CHIEF of POLICE It is hereby resolved by the City Council of the City of Spring Park that this certificate of appreciation be awarded to MELVIN KILBO on the occasion of your retirement from public service. The City of Spring Park gratefully expresses appreciation for your long and honorable record of service with this City and wishes you many years of happy retirement. SIGNED AND SEALED ON BEHALF OF THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 27th DAY OF June, 1991 CITY OF SPRING PARK SPRING PARK, MINNESOTA 0 RESOLUTION 91-21 RESOLUTION AUTHORIZING MAYOR & CITY ADMINISTRATOR TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Spring Park has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1991 (Year XVII) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U.S. Department of Housing and Urban Development for purposes of the program and the City is a subrecipient under the program and receives a share of the grant; and WHEREAS, program regulations require that the City and County execute a Subrecipient Agreement which sets forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED, that the City of Spring Park City Council hereby authorizes and directs the Mayor and City Administrator to execute Subrecipient Agreement, • County Contract Number A07771, on behalf of the City. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 15th DAY OF July , 1991. ATTEST: ADMINISTRATOR CLERK TREASURER • RESOLUTION NO. 91-22 • OF THE CITY OF SPRING PARR, MINNESOTA RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF PRESBYTERIAN HOMES OF MINNESOTA, INC., OR ITS DESIGNATED AFFILIATE AND AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF REVENUE BONDS OR NOTES OF THE CITY; REFERRING THE PROPOSED PROJECT TO THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS WHEREAS, under Sections 469.152 through 469.1641 of Minnesota Statutes, as amended (the "Act") the City of Spring Park, Minnesota (the "City") is authorized to issue revenue bonds or notes for the purpose of providing financing for the acquisition, construction and installation of projects consisting of real and personal property used or useful in connection with revenue -producing enterprises engaged in any business including any properties, real or personal, used or useful in connection with a revenue -producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes • and related medical facilities; and WHEREAS, in enacting the Act, the Legislature found that the welfare of the State of Minnesota requires the active promotion, attraction, encouragement and development of economically sound industry and commerce to prevent, as far as possible, the emergence of blight and areas of chronic unemployment and to prevent economic deterioration; and WHEREAS, in enacting the Act, the Legislature further found that the welfare of the State requires the provision of necessary health care facilities so that adequate health care services are available to residents of the State at reasonable cost; and WHEREAS, representatives of Presbyterian Homes of Minnesota, Inc., on behalf of itself or a designated affiliate (the "Company") have indicated an interest and desire to acquire an existing 192- bed nursing home facility known as the Twin Birch Health Care Center located at 4527 Shoreline Drive in the City (the "Project"); and WHEREAS, the Company has proposed that the City issue one or more series of its revenue obligations (the "Bonds") for the purpose of financing the Project, in a principal amount not to exceed $8,000,000 (a portion of which shall be utilized, as designated by the Company to acquire approximately 160-units of • multifamily rental housing for senior citizens and 32-units of personal assisted living units located adjacent to the Project, all in accordance with Chapter 462C of the Minnesota Statutes); and the • proposal calls for the proceeds of the Bonds to be applied by the Company pursuant to a revenue agreement wherein the Company will be obligated to acquire the Project (and related housing units) and to make payments thereunder at the times and in amounts sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds and all costs and expenses of the City incident to the issuance and sale of the Bonds; and WHEREAS, the City has been advised by representatives of the Company that conventional, commercial financing to undertake the Project has not been obtained and is available only on a limited basis and at such high costs and on such terms of borrowing that the economic feasibility of acquiring the Project would be significantly impaired, such that the Project would not be undertaken but for the availability of industrial development bond financing under the Act; and WHEREAS, the proposed Project consists of real and/or personal properties to be used in a revenue -producing enterprise engaged in providing health care services as a nursing home, as authorized by the Act; and WHEREAS, the undertaking of the proposed Project and the issuance of the Bonds to finance the cost thereof will further promote the public purposes and legislative objectives of the Act • by continued provision of necessary health care facilities so that adequate health care services remain available to residents of the City at reasonable cost and by providing additional or retaining existing employment opportunities for residents of the City and surrounding area or by stimulating the development and redevelopment of marginal lands within the City; and WHEREAS, the full faith and credit of the City will not be pledged or responsible for the Project or for the payment of the principal of, premium, if any, and interest on the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA: 1. That it is hereby found and determined that the Project would not be undertaken but for the availability of industrial development bond financing under the Act. 2. That the undertaking of the Project and the issuance by the City of its Bonds pursuant to the Act in an approximate aggregate principal amount of $8,000,000 (or such lesser amount as • 2 shall be designated by the Company as being allocable to the • Project, rather than to the housing units to be acquired by the Company in connection with the proposed acquisition of the Project) to finance the costs thereof, all as referred to above, is hereby authorized and approved by the City, subject to approval of the project by the Department of Trade and Economic Development of the State of Minnesota (the "Department") under the Act, and to the agreement of the City, the Company and the purchaser or purchasers of the Bonds on the detailed terms and conditions on which the Project will be acquired and the Bonds will be issued, sold and secured. 3. The City Clerk -Administrator is hereby authorized and directed to submit the proposal for undertaking the Project to the Department requesting approval of the Project. The Mayor, City • Clerk -Administrator and the City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Department such preliminary information as may be required for this purpose. The City Attorney is also authorized in cooperation with Leonard, Street and Deinard, as bond counsel, to prepare such documents as may be appropriate to the Project in order that, when and if the Project is approved by the Department, it may be carried forward expeditiously. 4. That the adoption of this resolution by the Council does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Company. The City reserves the right, in its sole discretion, to withdraw from participation • 3 and accordingly not issue any Bonds to finance the Project at any • time prior to the adoption of the final bond resolution authorizing the issuance of such Bonds should the City so determine. The Bonds, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the Bond, including interest thereon, is payable solely from the revenues and property specifically pledged to the payment thereof and shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. • • 224\PRESBYTERIAN\Resolution 4 • PLAN FOR COMPLIANCE WITH EMPLOYMENT PREFERENCE OF UNEMPLOYED OR ECONOMICALLY DISADVANTAGED INDIVIDUALS WHEREAS, the City of Spring Park, Minnesota (the "City") is authorized by Minnesota Statutes, Section 469.152 through 469.165 (the "Act"), to issue its revenue obligations to finance properties used or useful in connection with a revenue producing enterprise, whether or not for profit, engaged in providing health care services, including hospitals, nursing homes and related medical facilities. WHEREAS, we, Presbyterian Homes of Minnesota, Inc., a Minnesota nonprofit corporation, on behalf of ourselves or affiliates, have presented a proposal to the City Council of Spring Park, Minnesota, that the City, acting pursuant to and in accordance with the Act, issue its revenue obligations (the "Bonds") to finance a project consisting of the acquisition of a 192-bed skilled care nursing facility located within the corporate boundaries of the City (the "Project"). WHEREAS, the welfare of the City and the State of Minnesota requires that, whenever feasible, employment opportunities made available as a result of the Act should be offered to individuals • who are unemployed or who are economically disadvantaged as defined in the Federal Job Training Partnership Act of 1982, Statutes at Large, Volume 96, Page 1322 (Public Law 97-300). WHEREAS, as a condition to the City's issuance of the Bonds, the Company agrees, to the extent feasible and to the extent not in violation of the Company's legally binding obligations, as follows: 1. Employment opportunities resulting from the Project should be offered when feasible to qualified individuals who are unemployed or who are economically disadvantaged as defined in the Federal Job Training Partnership Act of 1982, Statutes at Large, Volume 96, Page 1322. 2. The Company agrees to take reasonable steps to target employment opportunities resulting from the Project to qualified individuals who are unemployed or economically disadvantaged. 3. The Company agrees to use the Minnesota Department of Economic Security Job Service ("Department") offices as one of the Company's sources of employment recruitment, referral and placement. • • 4. The Company agrees that not later than July 1, 1992 and not later than each July 1 for the succeeding three years, it shall file on its own behalf and on behalf of the City, the attached employment report, as the same may from time to time be amended, with the Minnesota Department of Trade and Economic Development office, with a copy thereof to the City. PRESBYTERIAN HOMES OF MINNESOTA, INC. By • • 224\PRESBYTERIAN\Employment.Com 2 Its MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT Municipal Industrial Development Act. Minn. Stat. §474.01, Subd. 11 0983 Supp.) (see attached) (Please complete dates as appropriate) EMPLOYMENT REPORT AS OF JUNE 30.198 FOR PROJECTS CLOSED SINCE JUNE 30,1983 (Due By July 1. Annually) This report is required pursuant to Minn. Stat. 1474.01. Subd. 11 0983 Supp.) (see attached) for all projects employing financing mechanisms authorized by Minn. Stat. ch. 474 or similar state laws un- dertaken and closed from July 1, 1983 to June 30, 198 . NAME OF ISSUER: NAME OF PROJECT: DATE PROJECT CLOSED: PRINCIPAL AMOUNT OF ISSUE: $ TOTAL COST OF PROJECT. $ EMPLOYMENT A. Number of jobs created as date of report: B. Number of unemployed persons hired: C. Number of economically disadvantaged persons hired: (see attached definition from P.L. 97-30) D. Average hourly wage level of jobs created: THIS REPORT SUBMITTED BY. TITLE: PHONE: Men Women Total t : 5 :. RETURN TO: MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT BUSINESS FINANCIAL MANAGEMENT ROOM 900 150 EAST KELLOGG BOULEVARD ST. PAUL, MINNESOTA 55101 TEL. NO.612/297-4398 . Subd. 11. Employment preference. The welfare of the state requires that, Minn. Stat. 5474.01. Whenever feasible, employment opportunities made available in part by sections 474. 1 to 474.15 or other state law providing for financing nempechanisms similar to those loyed or who are econom caldly disadvantaged a din those efined ons should the be offered to individuals who are P e 1322. Every munici federal Job Training partnership o Act of 1982, Statutes at other person undertaking arge, Volume project financed wholly or in part by these polity, tedevelopment ag Y financing mechanisms is encouraged vant disadvantaged. The intent of this subdivision to target employment opportunities to �mayfbe accomplished by are unemployed or economicaied individuals who l y but is not limited to officemechaas n first source for employment recruftmengreement in which tuisms such as a first source a refepral,eand placement.a designated employment three years, Not later than July 1; 1984, and e$who undertofor kesthe a pcojectt financed wholly oren part byry these redevelopment eed agency, or other person financing mechanisms shall submit an cf arms provided mloyment by the Commissionereport to the eand sha11 include. but nomic Development. The report shall ben need not be limited to, the following information: (a) the total number of jobs created by the project, (b) the number of unemployed and economically disadvantaged persons hired, and (c) the average wage level of the jobs created. ......................................................................... JOB TRAINING PARTNERSHIP P.L. 97-300 Sec.4• (8) The term "economically disadvantaged" means an individual who State, localiwelfare p ogram; mem- ber of a family which receives, cash welfare payments under a Federal, a total family income for the six-month period (B) has, or is a member of a family which has, exclus ve of unemp oymen compensat on, hid support prior to application for the program involvede higher of to family size, was not in excess of th payments, and welfare payments) which, rth cri era established by the Director of the Office of the poverty level determined in accordance w e lower living standard income level; (C) is receiving Management and Budget, or (ii) 70 percenAtcofof 1977; (D) is a foster child on behalf of whom State or food stamps pursuant to the Food Stamp local government p�+YTents are made; or (E) in cases permitted by regulations of the Secretary, is an meet such requiremeniremetss of clause lA1 or IBf, but who adult handicapped individual whose own income is a member of a family whose income does STATEMENT CONCERNING A PROPOSED • PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651 I. The undersigned, being the acting and duly qualified Mayor of the City of Spring Park, Minnesota (the "City") certifies that the City Council of the City (the "Council") has been provided by -Presbyterian Homes of Minnesota, Inc., a Minnesota nonprofit corporation (the "Company"), with certain information concerning a proposed project under Minnesota Statutes, Sections 469.152 through 469.1651 (the "Act"). On the basis of such information, the Council, by resolution adopted on July 15, 1991, has given preliminary approval to the proposed project and the financing thereof by the issuance of one or more series of revenue bonds or notes of the City (the "Bonds"). The following are factors considered by the Council in determining to give preliminary approval to said project: 1. The proposed project consists of the acquisition by the Company of an existing 192-bed skilled care nursing home known as the Twin Birch Health Care Center and located at 4527 Shoreline Drive in the City of Spring Park, Minnesota (the "Project"). Simultaneously with the acquisition of the Project, the Company will acquire the facilities adjacent to the Project which consist • of a 32-unit personal assisted living facility, 66 units of multifamily rental housing for senior citizens known as the Villa Apartments, and 94 units of multifamily rental housing for senior citizens known as Court Apartments. The Company's purpose and mission statement is to provide a broad continuum of care to older adults through a variety of services. 2. One of the policies of the Act is to provide necessary health care facilities, so that adequate health care services are available to residents of the state at reasonable cost. In issuing Bonds for the Project, the City will assist in providing continued medical and health care for its citizens and citizens of surrounding communities. 3. Leonard, Street and Deinard, bond counsel, is of the opinion that the proposed Project constitutes a "project" within the meaning of Minnesota Statutes, Section 469.153, subd. 2. 4. The Company will agree to pay certain payments -in -lieu of taxes to the City with respect to the Project. Payments of taxes with respect to the Project have been delinquent and all delinquencies are expected to be brought current in connection with the acquisition of the Project by the Company. Based upon the foregoing, the Project, as owned by the Company, will restore all or a portion of the tax base of the City. 0 5. One of the purposes of the Act is to preserve or increase employment opportunities in the State, in the City of Spring Park and surrounding communities. The Company has represented to the City that upon acquisition of the Project, it will retain employment for the existing 210 persons working at the Project and plans to add additional employee positions for eight full-time employees at the Project during the 18 month period following acquisition of the Project by the Company. II. The City and the Company will enter into a revenue agreement, and upon entering into such revenue agreement, the information required by Minnesota Statutes, Section 469.154, Subdivision 5, will be submitted to the Department of Trade and Economic Development. The proposed Project does not include any property to be sold or affixed to or consumed in the production of property for sale and does not include any housing facility to be rented or used as a permanent residence. Simultaneous with issuance of the Bonds to finance the Project, the City is being requested to issue its revenue obligations to finance a multifamily housing development adjacent to the Project under the provisions of Minnesota Statutes, Chapter 462C. Bonds for the Project as well as the housing • development may be issued as one series under the authority of both provisions of law. Pursuant to Minnesota Statutes Section 469.154, Subdivision 4, a public hearing was held by the Council on July 15, 1991, at approximately 7:30 p.m., at City Hall in the City of Spring Park, and all interested parties were afforded an opportunity to express their views concerning the proposed Project and the proposed issuance of Bonds. A draft copy of the application required under the Act together with all attachments was available for public inspection prior to the public hearing. CITY OF SPRING PARR, MINNESOTA By • 224\PRESBYTERIAN\Statement 2 Mayor RESOLUTION NO. 91-23 A RESOLUTION ADOPTING A PROGRAM AND GIVING PRELIMINARY APPROVAL TO A PROJECT AND ITS FINANCING, UNDER MINNESOTA STATUTES, CHAPTER 462C AND AUTHORIZING SUBMISSION OF THE PROGRAM TO THE MINNESOTA HOUSING FINANCE AGENCY FOR REVIEW WHEREAS, the City of Spring Park, Minnesota (the "City") is authorized, pursuant to Minnesota Statutes, Chapter 462C (the "Housing Act") to develop and administer multifamily housing programs pursuant to a housing plan, which may be financed by the issuance of revenue bonds of the City; and WHEREAS, the City has adopted the City of Spring Park 462C Housing Plan (the "Housing Plan") pursuant to and in conformance with the provisions of the Housing Act and has held a public hearing thereon, after at least 30 days' published notice thereof, and after review and comment by the Metropolitan Council thereon; and WHEREAS, the City Council (the "Council") has been presented with a proposal from Presbyterian Homes of Minnesota, Inc., on behalf of itself or a designated affiliate (the "Company") that the City amend the Housing Plan, by approving and adopting a multifamily housing revenue bond program entitled Program for a • Multifamily Housing Development - Villa Apartments, Court Apartments and The Residence Project (the "Program"); and WHEREAS, under the Program the Company has proposed that the City issue one or more series of its revenue obligations (the "Bonds") in an aggregate amount of up to $8,000,000 (a portion of which shall be utilized, as designated by the Company to acquire the Twin Birch Health Care Center located adjacent to the proposed project in accordance with Minnesota Statutes Sections 469.152 to 469.165) for the purpose of providing financing to the Company to acquire (i) 66-units of multifamily rental housing for older adults known as Villa Apartments and located at 4523 Shoreline Drive, (ii) 94-units of multifamily rental housing for older persons known as Court Apartments and located at 4501 Shoreline Drive, and (iii) a 32-unit personal assisted living facility known as The Residence and located at 4497 Shoreline Drive, all in the City (the "Project"); and WHEREAS, the Project will be reserved for rental in part by persons of low and moderate income, with at least twenty percent (20%) or forty percent (40%) of the units occupied or held open for occupancy by families or individuals with adjusted gross income not in excess of fifty percent (50%) or sixty percent (60%), respectively, of the median family income estimated by the United States Department of Housing and Urban Development for the 0 Minneapolis/St. Paul Standard Metropolitan Statistical Area; and WHEREAS, the Program is in conformance with the provisions of the Housing Act; and WHEREAS, the City has held a public hearing on the Program on July 15, 1991, after at least 15 days' published notice thereof and after submission of the Program to the Metropolitan Council for review and comment; and WHEREAS, the Council and the staff of the City has reviewed the Program and believes that the Program is in furtherance of the housing policies of the City; and WHEREAS, the Council has been advised by Piper, Jaffray & Hopwood, Incorporated, representing the Company, that on the basis of information available to them, the Project is economically feasible and the Bonds could be successfully issued and sold; and WHEREAS, neither the City nor the State of Minnesota shall be liable on the Bonds, and the Bonds shall not be a debt of the City within the meaning of any state constitutional provision or statutory limitation, and will not constitute or give rise to a charge against the general credit or taxing power of the City or a pecuniary liability of the City, nor shall the Bonds be payable out of any funds or properties other than those provided as security therefore; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Spring Park, Minnesota: 1. The Program, attached hereto as Exhibit A, is hereby approved and adopted by the City. 2. The City gives preliminary approval to the issuance of its revenue obligations in an aggregate principal amount of up to $8,000,000 (or such lesser principal amount as shall be designated by the Company as being allocable to the Project, rather than the nursing home to be acquired by the Company in connection with the proposed acquisition of the Project) to provide financing for the Project, together with related issuance costs, and thereby declares its present intent to have the City issues its revenue bonds under the Housing Act to finance the Project. Notwithstanding the • 2 foregoing, however, the adoption of this resolution shall not be • deemed to establish a legal obligation on the part of the City or its Council to issue or cause the issuance of such revenue bonds. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in this Section, should the City, at any time prior to issuance thereof, determine that it is in the best interests of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in this Section, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. The Bonds, if issued, shall not constitute a charge, lien or • encumbrance, legal or equitable, upon any property of the City, except the revenues specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the Bond, including interest thereon, is payable solely from the revenues and property specifically pledged to the payment thereof and shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 3. The staff of the City are hereby directed to take those actions necessary for review of the Program by the Minnesota Housing Finance Agency ("MHFA") pursuant to the requirements of the Housing Act. The staff of the City are hereby authorized and directed to provide the MHFA with any preliminary information needed for such purposes. • 3 l 4. The staff of the City is hereby authorized and directed • to take all steps necessary and desirable to proceed to develop the Program and the financing therefor, and to prepare for implementation of the Program at the earliest possible date, provided, however, that no Bonds shall be issued pursuant to the Program until the MHFA shall have had an opportunity to review the Program in accordance with the Housing Act. PASSED AND APPROVED this 15th day of July, 1991. Mayor Attest: City Administrator -Clerk 11 • 224\PRESBYTERIAN\Approval.Res 4 • • H. COPY OF CHECK PAYABLE TO MHFA FOR $1,000 1J • [INSERT COPY FO CHECK MADE PAYABLE TO MINNESOTA HOUSING FINANCE AGENCY IN AMOUNT OF $1,000, • PAYABLE BY EITHER DEVELOPER OR CITY, AS AGREED UPON BETWEEN THE TWO OF THEM.] E • • I. CORRESPONDENCE • w E CORRESPONDENCE When processing this application, please direct questions to: DEBRA G. STREHLOW, ESQ. LEONARD, STREET AND DEINARD Suite 2300 150 South Fifth Street Minneapolis, Minnesota 55402 (612)335-1500 Please send copies of correspondence to: KENNETH LARSON, ESQ. HEAD, HEMPEL, SEIFERT & VANDERWEIDE 2100 First Bank Place West Minneapolis, Minnesota 55402 224\PRESBYTERIAN\Submission MR. TERRY McNELLIS PIPER, JAFFRAY & HOPWOOD, INC. 222 South Ninth Street Minneapolis, Minnesota 55402 MS. PATRICIA OSMONSON CITY HALL 4349 Warren Avenue Spring Park, Minnesota 55384 MARK LARSON, ESQ. MESSERLI & KRAMER 3800 West 80th Street Bloomington, Minnesota 55431 CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-24 A RESOLUTION ADOPTING A MORATORIUM ON DEVELOPMENTS WHICH DO NOT MEET THE IMPERVIOUS SURFACE REQUIREMENTS OF THE DNR SHORELAND GUIDELINES WHEREAS, the City is required to adopt guidelines proposed by the DNR for all shorelands within 1000 feet of the lakeshore of Lake Minnetonka, and an impervious surface limit of 25% coverage is one of the guidelines so proposed, and WHEREAS, the City is preparing an ordinance for approval by the DNR and the City needs time to determine a reasonable alternative to the 25% limit. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Spring Park that a moratorium be placed on all projects which exceed the 25% limit of impervious surface unless a Stormwater Management Plan has been approved by the MCWD. This moratorium shall be in effect from the date of this Resolution until December 31, 1991. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS DAY OF August 1991. ATTEST: ADMINISTRATOR/CLERK/TREASURER • 5th CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION NO. 91- 25 A RESOLUTION APPROVING THE APPOINTMENT AND REAPPOINTMENT OF MEMBERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY. WHEREAS, the City Council of the City of Spring Park has activated its Housing and Redevelopment Authority; and WHEREAS, Commissioners of the Housing and Redevelopment Authority are appointed to serve for terms of office coinciding with their terms as members of the City Council or as Mayor; and WHEREAS, Jerome P. Rockvam has been re-elected as Mayor and William Weeks, MaryAnn Thurk, and Harlyn Dill have been elected or re-elected as members of the City Council; and WHEREAS, Carl Widmer has replaced Ronald Kraemer as a member of the City Council; and • WHEREAS, Jerome Rockvam by virtue of his office as Mayor and • pursuant to the provisions of Minnesota Statutes §462.425, subd. 6 has appointed MaryAnn Thurk, Harlyn Dill, Carl Widmer, William Weeks and Jerome Rockvam as Commissioners of the Housing and Redevelopment Authority for terms of office which coincide with their terms as members of the City Council and as Mayor; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Spring Park that the appointment and reappointment, respectively, of the persons hereinafter named as Commissioners of the Housing and Redevelopment Authority in and for the City of Spring Park, Minnesota are hereby approved: 8/2/91 dp spdoc/22 MaryAnn Thurk Harlyn Dill • Carl Widner William Weeks Jerome P. Rockvam ADOPTED BY THE SPRING PARK CITY COUNCIL this 5th day of August, 1991. Attest: Patricia Osmonson, City Clerk/Adiminstrator 8/2/91 dp spdoc/22 U CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-26 A RESOLUTION APPROVING 1992 PROPOSED TAX LEVY & BUDGET BE IT RESOLVED by the City Council of the City of Spring Park, County of Hennepin, Minnesota, that the following sums of money be levied for the current year, collectible in 1992 upon the taxable property in said City of Spring Park, for the following purposes: GENERAL FUND 503,721 BONDINDEBTEDNESS 46,000 TOTAL 549,721 The City Clerk is hereby instructed to transmit a certified copy of this • resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 19th DAY OF August , 1991 ATTEST: ADMINISTRATOR/CLERK/TREASURER • • CERTIFICATE OF MINUTES RELATING TO Health Care Facility Revenue Bonds (Twin Birch Health Care Center Project) Series 1991 Issuer: City of Spring Park, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on August 19, 1991, at the City Hall in Spring Park, Minnesota. Members present: Members absent: Documents attached: Minutes of said meeting RESOLUTION NO. 91-27 RESOLUTION RELATING TO HEALTH CARE FACILITY REVENUE BONDS • (TWIN BIRCH HEALTH CARE CENTER PROJECT) SERIES 1991; AUTHORIZING THE ISSUANCE OF THE BONDS, THE EXECUTION OF DOCUMENTS AND OTHER MATTERS RELATING THERETO I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of the meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of August, 1991. Patricia Osmonson City Clerk -Administrator • [SEAL] Member resolution and moved its adoption: RESOLUTION 91-27 introduced the following 9 nESOLUTION RELATING TO HEALTH CARE FACILITY REVENUE BONDS (TWIN BIRCH HEALTH CARE CENTER PROJECT), SERIES 1991; AUTHORIZING THE ISSUANCE OF THE BONDS, THE EXECUTION OF THE DOCUMENTS AND OTHER MATTERS RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Spring Park, Minnesota (the "City"), as follows: Section 1. Recitals. It is hereby found, determined and declared as follows: 1.01. General Authority. The City is authorized by Minnesota Statutes, Section 469.152 through 469.165, as amended (the "Act"), to issue its revenue bonds to finance capital projects consisting of properties used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes and related medical facilities. 1.02. Proposed Financinq. The City has received a proposal that it issue its Health Care Facility Revenue Bonds (Twin Birch Health Care Center Project), Series 1991 (the "Bonds") under the Act and lend the proceeds to Langton Lake Place, Inc., -a Minnesota nonprofit corporation (the "Corporation") in order to (a) finance all or a portion of the cost of (1) acquiring an existing nursing home facility (the "Project") located within the City; and (2) issuing the Bonds; and (b) funding a reserve fund for the Bonds. The Council adopted a resolution on July 15, 1991, giving preliminary approval to the Project and the issuance of the Bonds. 1.03. Documentation. Forms of the following documents (the "Documents") relating to the Project and the Bonds have been prepared and submitted to this Council and are hereby directed to be filed in the office of the City Clerk -Administrator: (a) Loan Agreement, dated as of August 1, 1991 (the "Loan Agreement"), proposed to be made and entered into between the City and the Corporation; • • (b) Indenture of Trust, dated as of August 1, 1991 (the "Indenture") , proposed to be made and entered into between the City and American National Bank and Trust Company, as trustee (the "Trustee"); (c) Mortgage, Security Agreement and Fixture Financing Statement, dated as of August 1, 1991 (the "Mortgage"), proposed to be made and entered into between the Corporation and the Trustee; (d) Assignment of Leases and Rents, dated as of August 1, 1991 (the "Assignment"), proposed to be made and entered into between the Corporation and the Trustee; - (e) Operating Deficit Guaranty Agreement, dated as of August 1, 1991 (the "Guaranty") proposed to be made and entered into between The Presbyterian Home of Minnesota, Inc. and affiliates (collectively, the "Guarantor") and the Trustee; (f) Bond Purchase Agreement (the "Bond Purchase Agreement"), proposed to be made and entered into among the City, the Corporation, the Guarantor and Piper, Jaffray & Hopwood, Incorporated (the "Underwriter"); • (g) Agreement for Payments in Lieu of Taxes (the "Tax Agreement") dated as of August 1, 1991 from the Corporation in favor of the City; and (h) Preliminary Official Statement, dated August 12, 1991 (the "Preliminary Official Statement"). Section 2. Findings. It is hereby found, determined and declared that: (a) The authorization of the Bonds, the execution and delivery of the Bond Purchase Agreement, the Loan Agreement, the Indenture, the Tax Agreement and any other documents authorized hereby to be executed by officers of the City and the performance of all covenants and agreements of the City contained in the Bond Purchase Agreement, the Loan Agreement, the Indenture, the Tax Agreement and any such other documents and all other acts and things required under the Constitution and laws of the State of Minnesota to make the Bond Purchase Agreement, the Loan Agreement, the Indenture, the Tax Agreement and any such other documents and the Bonds valid and binding obligations in accordance with their terms, are authorized by the Act; and 0 2 (b) It is desirable that a series of Health Care Facility Revenue Bonds in the principal amount of $6,250,000 be issued by the City upon the terms set forth in the Indenture, under the provisions of which a pledge of and security interest in the City' s interest in the Loan Agreement and the payments thereunder (except for certain expenses and indemnification) will be granted to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds; and (c) The loan payments contained in the Loan Agreement are fixed, and required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of principal of, premium, if any, and interest on all Bonds issued under the Indenture when due, and the Loan Agreement also provides that the Corporation is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the site of the Project and payable during the term of the Loan Agreement; and (d) Under the provisions of Minnesota Statutes, Section 469.162, and as provided in the Loan Agreement and Indenture, • the Bonds are not to be payable from nor charged upon any funds of the City other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon and no holders of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any of the Bonds or the interest thereon nor to enforce payment thereof against any property of the City-; and Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and each Bond issued under the Indenture shall recite that the Bonds, including interest thereon, are payable solely from the revenue pledged to the payment thereof and that no Bond shall constitute a debt of the City within the meaning of any constitutional or statutory limitation; provided, however, that nothing contained in this paragraph (d) shall impair the rights of the holders of the Bonds or the Trustee to enforce covenants made for the security of the payment of principal or redemption price of, premium, if any, and interest on the Bonds. 3 • • 3. Approval of Issuance of Bonds and Execution of Documents and Bonds. 3.01. Approval of Issuance of Bonds and Terms of Bonds. In anticipation of the collection of payments under the Loan Agreement,the City shall proceed forthwith to issue the Bonds in the aggregate principal amount of not to exceed $6,250,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof. The Bonds shall have a final maturity of no later than August 1, 2016 and shall have a maximum average interest rate of not greater than ten percent (10%) per annum. The proposal of the Underwriter to purchase the Bonds upon the terms and conditions set forth in the Bond Purchase Agreement is hereby found and determined to be reasonable and is hereby accepted. 3.02. Approval and Execution of Documents. The forms of Documents referred to in Section 1.03 hereof are approved subject to such modifications as are deemed appropriate and approved by the Mayor and the City Clerk -Administrator, which approval shall be conclusively evidenced by the execution of such Documents and the Bonds by the Mayor and the City Clerk -Administrator. The Mayor and City Clerk -Administrator are directed to execute the Loan Agreement, the Bond Purchase Agreement, the Indenture and the Tax • Agreement upon execution thereof by the other parties thereto. Copies of all of the Documents shall be delivered, filed and recorded as provided therein. The Mayor and City Clerk - Administrator are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated (including, without limitation, all of the certificates, agreements and other instruments as may be required by the Documents approved by this Resolution) which instruments shall be deemed to be certificates or agreements, as the case may be, of the City. 3.03. Execution of Bonds. The Mayor and City Clerk - Administrator are hereby authorized and directed to execute the Bonds as prescribed herein and in the Indenture by manual or facsimile signature and to deliver them to the Trustee, together with a certified copy of this resolution, the other documents required in the Indenture, and such other certificates, documents and instruments as may be appropriate to the effect the transaction herein contemplated. The Trustee is hereby appointed authenticating agent pursuant to Minnesota Statutes, Section 475.55, subdivision 1. 3.04. Modifications, Absence of Officers. The approval hereby given to the various documents referred to above includes an approval of such modifications thereto, deletions therefrom and 4 • additions thereto as may be necessary and appropriate and approved by the City Attorney and the City Clerk -Administrator prior to the execution of the Documents. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence or disability of the Mayor, any of the documents authorized by this resolution to be executed may be executed by the acting Mayor and in the absence or disability of the City Clerk -Administrator by such officer of the City as, in the opinion of the City Attorney, is authorized to execute such documents. Section 4. Authentication of Proceedings. The Mayor, City Clerk -Administrator and other officers of the City are authorized and directed to furnish to the purchaser of the Bonds, the Corporation and bond counsel certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officer's custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. • Section 5. Official Statement. The City hereby consents to the distribution by the Underwriter to potential purchasers of the Bonds of the Preliminary Official Statement and of an Official Statement relating to the Bonds in substantially the form of the Preliminary Official Statement. The City has not participated in the preparation of the Preliminary Official Statement.or Official Statement, has made no independent investigation with respect to the information contained therein or in the appendices thereto, and assumes no responsibility for the sufficiency, accuracy or completeness of such information. Section 6. Tax Matters. 6.01. Qualified Tax -Exempt Obligations. This Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended (the "Code"), relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities thereof during calendar year 1991 does not exceed $10,000,000. 5 • • 6.02. Arbitrage Rebate. The City recognizes its obligation to comply with the provisions of Section 148(f) of the Code relating to the rebate of certain amounts to the United States, and covenants that it will take or refrain from any actions, the result of which would be to cause the interest on the Bonds to become subject to federal income taxation as a result of the failure to comply with Section 148(f) of the Code and applicable Treasury Regulations. The City will, by the Loan Agreement, obligate the Corporation to take all actions necessary to comply with the rebate requirement, including making or causing to be made the computations of rebate or penalty amounts. The City will, by the Loan Agreement, obligate the Corporation to make any payments of rebate or penalty amounts, and pay the costs of computing any such rebate or penalty amounts. Adopted August 19, 1991. CITY OF SPRING PARK, MINNESOTA Mayor Attest: • Clerk -Administrator • The motion for the adoption of the forgoing resolution was duly seconded by Member following voted in favor thereof: and the following voted against the same: . and the whereupon said resolution was declared duly passed and adopted and was presented to the Mayor, who approved and signed the same, which was attested by the City Clerk -Administrator. • C] 224\PRESBYTERIAN\Cert.Res 7 0 • CITY OF SPRING PARR, MINNESOTA RESOLUTION NO. 91-28 RESOLUTION RELATING TO $1,400,000 CITY OF SPRING PARR, MINNESOTA MULTIFAMILY HOUSING REVENUE NOTES (LAKESHORE VILLAGE PROJECT); AND AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C. BE IT RESOLVED by the City Council of the City of Spring Park, Minnesota, as follows: Section 1. Definitions. 1.01. In this Resolution the following terms have the following respective meanings: "Assumption Agreement" means the Assumption Agreement dated as of the date of delivery of the Notes, from the Holders and the Corporation in favor of the City and the HRA; "City" means the City of Spring Park, Minnesota, a municipal corporation and political subdivision under the Constitution and laws of the State of Minnesota, its successors and assigns; • "Code" means the Internal Revenue Code of 1986, as amended through the date hereof, and any subsequent amendment made retroactively applicable to the Notes; "Corporation" means Gideon Pond Center, Inc., a Minnesota nonprofit corporation, its successors and assigns; "Corporation Note" means the Promissory Note of the Corporation dated as of the date of delivery of the Notes from the Corporation in favor of the City in the principal amount of $1,400,000. "Development" means the multifamily residential rental project for the elderly to be acquired by the Corporation and located on the Land; "Guaranty" means the Guaranty given by The Presbyterian Homes of Minnesota, Inc., in favor of the City and the HRA; "Holders" means Charles T. Thompson and Charles P. Thompson and any subsequent owner(s) of the Notes; "Housing Act" means Minnesota Statutes, Chapter 462C, as amended through the date hereof, and any subsequent amendment • made retroactively applicable to the Development; 1 "HRA" means the Housing and Redevelopment Authority in • and for the City; "Land" means the real property described in the Mortgage upon which the Development is located; "Mortgage" means that certain Mortgage, Security Agreement and Fixture Financing Statement, dated as of the date of delivery of the Note, given by the Corporation in favor of the Holders; "Note" or "Notes" means the $1,400,000 principal amount Multifamily Housing Revenue Notes (Lakeshore Village Project), dated as of the date of delivery thereof, issued by the City to the Holders pursuant to this Resolution; "Pledge Agreement" means the Pledge Agreement, dated as of the date of delivery of the Notes, between the City and the Holders; "Program" means the City's program for the Development duly adopted under the Housing Act; "Regulatory Agreement" means the Regulatory Agreement, dated as of the date of delivery of the Notes, between the City, the Corporation and the Holders; and • "Resolution" means this resolution of the City. Section 2. Findings. 2.01. It is hereby found and declared that: (a) based upon representations made to the City by representatives of the Corporation as to the nature of the Development as described in the Program, the Development constitutes a "multifamily housing development" authorized by the Housing Act; (b) by the provisions of the Housing Act, the City is authorized to plan, administer, issue and sell revenue bonds or obligations and to make or purchase loans to finance multifamily housing developments within its corporate limits. The City has developed the Program authorizing the issuance by the City of its Multifamily Housing Revenue Notes (Lakeshore Village Project) (the "Notes") for the purpose of assisting the Corporation in financing the acquisition of the Development; 2 0 • (c) the financing of the Development, the issuance and sale of the Notes, the execution and delivery of the Pledge Agreement, the Regulatory Agreement and the Assumption Agreement, and the performance of all covenants and agreements of the City contained in the Notes, the Pledge Agreement, the Regulatory Agreement and the Assumption Agreement and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Notes, the Pledge Agreement and the Regulatory Agreement valid and binding obligations of the City in accordance with their terms are authorized by the Housing Act; (d) the financing of the Development by the issuance of the Notes is in the best interests of the City, and will further the housing policies and goals set forth in the Program and it is desirable that the Notes in the principal amount of $1,400,000 (or so much thereof which is approved by Leonard, Street and Deinard, as Bond Counsel) be issued by the City upon the terms set forth herein and that the City pledge its interest in the Corporation Note and grant a security interest therein to the Holders as security for the payment of the principal of, premium, if any, and interest on the Notes; (e) the payments provided in the Corporation Note are fixed and are required to be revised from time to time as • necessary, so as to produce income and revenue sufficient to provide for prompt payment of the principal of, premium, if any, and interest on the Notes when due, and the Corporation Note and the Mortgage also provide that the Corporation is required to pay all expenses of the operation and maintenance of the Land and the Development, including, but not limited to, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the Land and payable during the term of the Corporation Note; ( f ) the Notes are not to be payable from nor charged upon any funds of the City other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no Holder of the Notes shall ever have the right to compel any exercise of the taxing power of the City to pay the Notes or the interest thereon nor to enforce payment thereof against any property of the City; the Notes, premium, if any, and interest thereon shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing power and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than its interest in the Development and in the Corporation Note; • 3 (g) the execution and delivery of the Note, the Pledge • Agreement and the Regulatory Agreement shall not conflict with or constitute, on the part of the City, a breach of or a default under any existing agreement, indenture, mortgage, lease, or other instrument to which the City is subject or is a party or by which it is bound; provided that this finding is made solely for the purpose of estopping the City from denying the validity of the Notes, the Pledge Agreement and the Regulatory Agreement by reason of the existence of any facts contrary to this finding; (h) no litigation is pending or, to the best knowledge of the members of this City Council, threatened against the City questioning the organization or boundaries of the City or the right of any officer of the City to hold his or her office or in any manner questioning the right and power of the City to execute and deliver the Notes or otherwise questioning the validity of the Notes or the execution, delivery, or validity of the Pledge Agreement or the Regulatory Agreement or questioning the pledge of revenues to payment of the Notes or the right of the City to loan the proceeds of the Notes to the Corporation; (i) all acts and things required under the Constitution and the laws of the State of Minnesota to make the Notes, the Pledge Agreement and the Regulatory Agreement the valid and binding obligations of the City in accordance with their terms • shall have been done upon adoption of this Resolution and execution of the Notes, the Pledge Agreement and the Regulatory Agreement; and (j) the City, is duly organized and existing under the Constitution and the laws of the State of Minnesota and is authorized to issue the Notes in accordance with the Housing Act. Section 3. Authorization and Approval of Documents. 3.01. Authorization. The City is authorized by the Housing Act to issue revenue bonds or notes for the corporate purposes of the City, including the making of loans to finance the acquisition of multifamily housing developments substantially for the use by or intended to be occupied in part by persons of low and moderate income or elderly persons, and to make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of such authority. 3.02. Preliminary City Approval. By resolutions duly adopted by the City Council on July 15, 1991, the City has developed and adopted the Program for the Development after public hearing thereon after at least fifteen days published notice thereof in a newspaper of general circulation in the City, and the Minnesota 4 • Housing Finance Agency has not rejected the Program, all in conformance with the provisions of the Housing Act, and on such date, this City Council further gave preliminary approval to financing the acquisition of the Development through the issuance of the Notes. 3.03. Approval of Documents. Pursuant to the foregoing, there have been prepared and presented to the City Council copies of the following documents, all of which are now or shall be placed on file in the office of the City Clerk -Treasurer: (a) the Corporation Note; (b) the Pledge Agreement; (c) the Regulatory Agreement; (d) the Mortgage; (e) the Assignment of Leases and Rents (the "Assignment"); (f) the Assumption Agreement; and (g) the Guaranty. • The forms of the documents listed in (a) through (g) above are hereby approved, and the officers of the City (to the extent the City is a signatory thereto) are hereby authorized to execute the same with such variations, insertions, and additions as are deemed appropriate by such officials, as evidenced by their execution thereof, and approved by Bond Counsel and counsel to the City. Section 4. Authorizations. 4.01. Upon the completion of the Corporation Note, the Pledge Agreement, the Regulatory Agreement, the Mortgage, the Assignment, the Assumption Agreement and the Guaranty approved in Section 3.03 hereof and the execution thereof, the Mayor and City Clerk - Administrator are authorized to execute and deliver the Notes, in substantially the form approved in paragraph 5.01 hereof, and the Mayor and City Clerk -Administrator are authorized to execute such other certifications, documents, or instruments as Bond Counsel and counsel to the Holders shall require, and all certifications, recitals, and representations therein shall constitute the certificates, recitals and representations of the City. Execution of any instrument or document by one or more appropriate officers of the City shall constitute and shall be deemed the conclusive evidence of the approval and authorization by the City and the City Council of the instrument or document so executed. • 5 Section 5. The Notes. • 5.01. Form and Authorized Amount. The Notes are hereby authorized to be issued and shall be issued substantially in the form presented to the City Council and set forth as Exhibit A to this Resolution with such appropriate variations, omissions, and insertions as are permitted or required by this Resolution and which are approved or required by the Holders or by Bond Counsel and counsel to the City, in the aggregate principal amount of $1, 400, 000 or so much thereof as shall be approved by Bond Counsel. The offer of the Holders to acquire the Notes in exchange for its conveyance of the Development to the City is hereby accepted. The terms of the Notes are set forth therein, and such terms, including, but not limited to, provisions as to interest rate, dates and amount of payment of principal and interest and prepayment privileges, are incorporated by reference herein. The Notes shall in all events contain a recital that they are issued pursuant to and in accordance with the Housing Act. 5.02. Execution. The Notes shall be executed on behalf of the City by the manual signatures of the Mayor and City Clerk - Administrator, and shall be sealed with the City's corporate seal, and the Certificate of Registration shall be signed by the Note Registrar. In case any officer whose signature shall appear on the Notes shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. • 5.03. Mutilated Lost and Destroyed Notes. In case the Notes shall become mutilated or be lost or destroyed, the City shall cause to be executed and delivered a new Note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Note or in lieu of and in substitution for such Note lost or destroyed, upon the Holder's paying the reasonable expenses and charges of the City in connection therewith and, in case a Note is destroyed or lost, filing with the City evidence satisfactory to it of such loss or destruction. 5.04. Assignment. No Notes shall be transferred by the original Holders unless such transferee or purchaser shall enter into an investor letter substantially in the form which has or will be delivered to the City on the date of delivery of the Notes to the original Holders. No Notes may be transferred or sold within two years from the date hereof. The original Holders are hereby designated as Note Registrar (the "Note Registrar") and shall keep a Note Register in which, subject to such reasonable regulations as it may prescribe, the Note Registrar shall provide for the registration of transfer of ownership of the Notes. The Notes shall be initially registered in the name of the Holders and shall be transferable upon the Note Register by the Holders in person or by its or their agent duly authorized in writing, upon surrender 6 of the Notes together with a written instrument of transfer duly • executed by the Holders or its duly authorized agent in the following form: For value received hereby sells, assigns and transfers unto the within Note of the City of Spring Park, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of the Note Registrar with full power of substitution in the premises. The undersigned certifies that the transfer be made in accordance with the provisions of the Note Resolution of the City. Upon such transfer the Note Registrar shall note the date of registration and the name and address of the new Holder of the Notes in the Note Register and in the registration blank appearing on the Notes. 5.05. Delivery and Use of Proceeds. Prior to delivery of the Notes, the documents referred to in Section 3.03 hereof shall be completed and executed, and an original, executed counterpart of each such document shall be delivered to the Holders. The City shall thereupon deliver to the Holders of the Notes, together with a copy, duly certified by the City Clerk -Administrator, of this Resolution and such closing certificates as are required by Bond Counsel. Upon delivery of the Notes and the above items to the Holders, the Holders shall thereupon transfer title to the Development to the City and the City shall immediately thereupon transfer such title to the Corporation in exchange for and in receipt of the Corporation Note. All costs and expenses of the City in connection with the issuance of the Notes, the acquisition and conveyance of the Development and all other costs shall be paid by the Corporation. 5.06. Rebate to United States. The Corporation is hereby directed to comply with all requirements of Section 148(f) of the Code and applicable treasury regulations related thereto. The City shall have no obligation at any time to compute or pay the amounts, if any, required to be rebated to the United States. 5.07. Issuance of New Notes. The City shall, at the request and expense of the Holders, issue new Notes, in an aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly payment payable thereunder, and be registered by the Note Registrar in the name of the Holder or such transferee as may be designated by the Holders. • 7 5.08. Rights Under Corporation Note and Mortgage. The City • hereby agrees that the Holders in their own name may enforce all rights of the City transferred to it and all obligations of the Corporation under and pursuant to the Corporation Note, the Mortgage and the Assignment. 5.09. Amendments to Note Resolution. The City shall not amend the terms of this Note Resolution without the prior written consent of the Corporation and the Holders. Section 6. Limitations of the City's Obligations. 6.01 Notwithstanding anything contained herein or in the Notes, the Corporation Note, the Pledge Agreement, the Regulatory Agreement, the Mortgage or the Assignment or any other documents referred to in Section 3.03 hereof, the Notes, the principal thereof, premium thereon, if any, and interest thereon and the Pledge Agreement and the Regulatory Agreement shall not constitute any indebtedness of the City within the meaning of any constitutional, charter, or statutory limitation and shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than their interest in the Development, and no Holder of the Notes shall ever have the right to compel any exercise of the taxing power of the City to pay the Notes or the interest thereon or to enforce payment thereof against any property of the City other than its interest in the Development. The agreement of the City to perform the covenants and other provisions contained in this Resolution or the Notes, the Pledge Agreement or the Regulatory Agreement and the other documents listed in Section 3.03 hereof shall be subject at all times to the availability of revenues furnished by the -Corporation sufficient to pay all costs of such performance or the enforcement thereof, and neither the City nor any of its officers, employees, or agents shall be subject to any personal or pecuniary liability thereon. Section 7. City Representative. 7.01. The Mayor and the City Clerk -Administrator of the City are hereby designated and authorized to act on behalf of the City for all purposes under the Notes. Section 8. Election Under Section 142(d) of the Code. 8.01 The City hereby elects to apply the provisions of Section 142(d)(1)(A) of the Code to the Notes and the Development in accordance with the Regulatory Agreement, which election shall • 8 remain in effect so long as the Regulatory Agreement shall remain in effect. Adopted: August 19, 1991 CITY OF SPRING PARK, MINNESOTA By COUNTERSIGNED: Mayor City Clerk -Administrator 0 224\PRESBYTERIAN\Auth.Res 9 • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-29 APPROVING THE 1992 BUDGET FOR THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION WHEREAS, the City of Spring Park is an existing member of the Commission: WHEREAS, said joint and cooperative effort is authorized by Minnesota Statutes Section 238.08, Subd. 5: WHEREAS, the existing joint powers agreement provides that the member Cities of Commission shall review and approve the Commission budget: WHEREAS, the City has reviewed the 1992 budget of the Commission and believes it to be proper; NOW THEREFORE, be it resolved, that the City Council of the City of Spring Park approve the 1992 budget of the Lake Minnetonka Cable Communications Commission. • ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS DAY OF September , 1991. N®-- f�D0FT`�l ATTEST: ADMINISTRATOR/CLERK/TREASURER 18 APPROVED: MAYOR 3rd o nc� �anGe im g P. O. BOX 452, SPRING PARK, MINNESOTA 55384 0 Phone: 471-9051 • ON LAKE MINNETONKA Mayor Jerome P. Rockvam September 5, 1991 471-9515 Councilmembers Harlyn Dill 471-8857 Ms. Jennifer Watts Lake Minnetonka Cable Communication Commission MaryAnn Thurk 443 Oak Street 471-9286 Excelsior, MN 55331 WWeeks 471- 85 RE: 1992 LMCCC Budget Carl Widmer Dear Ms. Watts: 471.9429 At their meeting on September 3, 1991 the Spring Park City Council reviewed your proposed 1992 budget and moved to reject it because of these concerns: 1. Salary increases are excessive (17% - Adm. and 12.8% on staff.) 2. Operating expenses are increased 12.7% which exceeds your stated 5% general increase. The Council pointed out that all governmental units are limited to a much smaller increase and feel that the Cable Commission should also abide by more modest increases. Another concern raised at several meetings is the cable rates. The Council stated the rates are too high and wonders why they do.not come down in light of increased subscriptions. The Council would appreciate a response to its concerns. Sincerely, Patricia Osmonson Administrator/Clerk/Treasurer cc: LMCCC Member Cities 0 CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-30 A RESOLUTION SETTING A HEARING ON A PROPOSED ASSESSMENT WHEREAS, Hennepin County has now determined total costs on CSAH 15 improvements which included sidewalks and street lighting in the City of Spring Park, and WHEREAS, the City Engineer and City Clerk have been directed to prepare a pro- posed assessment of 50% of the cost of sidewalks and street lighting on abutting properties, and WHEREAS, such proposed assessment has been completed and filed in the City Office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK: 1) A hearing shall be held on the 28th day of October, 1991 at 7:30 P. M. in the City Hall to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. • 2) The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. • 3) The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City Treasurer the entire amount of the assess- ment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 7th DAY OF October , 1991. ATTEST: CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-31 RESOLUTION ADOPTING ASSESSMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of CSAH 15 between the easterly line of Spring Park and the Seton Bridge and has amended such proposed assessment as it deems just, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SPRING PARK, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein in- cluded in hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years,and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of this assessment resolution. To the first install- ment shall be added interest on the entire assessment from the date of this resolu- tion until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner, of any property so assessed may, at any time prior to certification • of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit to the county auditor to be extended on Such assessments shall be collected and municipal taxes. certified duplicate of this assessment the property tax lists of the County. paid over in the same manner as other ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 28th DAY OF OCT. 1991. 0 ATTEST: ADMINISTRATOR/CLERK/TREASURER • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-32 A RESOLUTION ADOPTING THE 1992 BUDGET AND AUTHORIZING THE TAX LEVY COLLECTIBLE IN 1992 WHEREAS, the City Council of the City of Spring Park held a public hearing on November 18, 1991 on a proposed budget for 1992 in the amount of $485,521 and after discussion moved to adopt said budget and resolved that the fol- lowing sums of money be levied for Year 1992 upon the taxable property in said City of Spring Park for the following purposes: GENERAL FUND 485,521 BOND INDEBTEDNESS 46.000 TOTAL 531,521 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. E ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 18th DAY OF NOVEMBER , 1991. ATTEST: FA 11 L I 1 11 2FA I IN:(.3,311 1,01 • APPROVED: CITY OF SPRING PARK • SPRING PARK, MINNESOTA RESOLUTION 91 -32 ADOPTING THE 1992 BUDGET AND APPROVING LEVY COLLECTIBLE 1992 ESTIMATED REVENUE GENERAL FUND Property Taxes 485,521 (Bond Indebtedness) (46,000) Licenses & Permits Beer & Set-ups 320 Dance & Police Fees 5000 Cigarette 150 Building 7000 Sur Charge 1000 Plan Review Fees 3500 Sign 700 Liquor 28050 • Dog 135 Garbage Haulers 200 Amusement Device 900 Miscellaneous 500 TOTAL LICENSES & PERMITS 47,455 Fines & Penalties Court Fines 25,000 Dog Fines 200 TOTAL FINES & PENALTIES 25,200 Intergovernmental Revenue County Road Aid 20,000 Recycling 3,500 Interest on investments 26,800 Other Revenue 1,000 TOTAL GENERAL FUND REVENUE 609,476 0 CITY OF SPRING PARK RESOLUTION 91-32 • Page 2 Estimated Disbursements GENERAL FUND ADMINISTRATION Mayor and Council 9600 Council Expense 735 Planning Commission Expense 200 Salaries Adm/Clk/Treas 8862 Office 6832 PERA/FICA/HOSP/INS 2979 Administrator Expense 250 Contracted Services Insurance 5740 Audit & Acct. 2323 City Attorney 6760 Maintenance • Office Supplies 1248 Postage 750 Telephone 750 Schools/Fees/Dues 200 Copy Mach MAiht. 1000 Miscellaneous 500 Election Judges 3000 Supplies/Print/Pub 85 Miscellaneous 350 Capital Out Lay 500 TOTAL ADMINISTRATION DISBURSEMENTS BUILDING & GROUNDS Salaries Util. Supt. 3189 • PERA/FICA/HOSP/INS 888 Maintenance Janitorial 1839 Supplies 600 Insurance 2751 52,664 CITY OF SPRING PARK • RESOLUTION 91-32 Page 3 BUILDING & GROUNDS continued Garbage Service 500 Utilities 4000 Bldg Maint & Yard 1000 Tractor Depreciation 360 Tractor Operation 300 Lawn Care Service 200 Miscellaneous 300 Capital Outlay Council Table 2500 Council Chairs 1000 TOTAL BUILDING & GROUNDS DISBURSEMENTS STREETS & ROADS Salaries Adm/Clk/Treas 3544 . Util Supt 4783 Asst. Util 200 PERA/FICA/HOSP/ INS 1950 Contracted Services Insurance 3216 Legal 1300 Engineer 4680 Snow Plowing 8000 Snow Removal - Sidewalks 4000 Street Sweeping 800 Audit & Acct. 1549 Seal Coating 5000 Maintenance Street LIghting 11,800 Signs 700 Truck Operation 400 Truck Depreciation 268 Tractor Depreciation 519 Repairs & Maintenance 8000 Supplies & Misc. 400 Capital Outlay 12,903 0 TOTAL STREETS & ROADS DISBURSEMENTS 19,427 74,012 CITY OF SPRING PARK • RESOLUTION 91-32 Page 4 PARKS & RECREATION Salaries Adm/Clk/Treas 3544 Util Supt 3189 Other Help 800 PERA/FICA/HOSP/INS 1080 Contracted Services Insurance 2377 Satellites 600 City Attorney 1250 Engineer 400 Audit & Acct 1489 Maintenance Truck Operation 250 Truck Depreciation 268 Tractor Operation 300 Tractor Depreciation 520 • Supplies, Maint & Repair 600 Lawn Care Service 425 Miscellaneous 300 PARK COMMISSION 3500 TOTAL PARKS & RECREATION DISBURSEMENTS PUBLIC SAFETY & WELFARE Salaries Adm/Clk/Treas 8861 PERA/FICA/HOSP/INS 1536 Adm Expense 300 Contracted Services Police 288,976 Police Fees/Dances 500 Fire Service 34,117 Prosecuting Attorney 14,040 LMCD 4018 Assn of Metro Munic 466 League of MN Cities 1097 Assessment Contract 6902 Sur Charge 1100 Bldg Insp 7000 City Attorney 13500 Planner 10000 West Suburban Mediation 700 20,892 CITY OF SPRING PARK RESOLUTION 91-32 Page 5 PUBLIC SAFETY & WELFARE continued Contracted Services Suburban Rate Authority 375 West Hennepin Human Services 346 Chamber of Commerce 100 Workhouse 9600 Booking Charges 500 Animal Patrol 1800 Solid Waste Disposal 8500 Recycling 4813 Research & Development 5000 Publications 1800 Shade Tree Control 1500 Beautification 11000 Miscellaneous 1000 Operating Telephone 800 Audit & Acct 2234 TOTAL PUBLIC SAFETY & WELFARE DISBURSEMENTS 442,481 • TOTAL GENERAL FUND DISBURSEMENTS 609,476 DEBT SERVICE FUND Water Revenue Bonds REVENUE Transfers from Water System Fund 44445 Ad Valorem Levy 46000 TOTAL REVENUE 90,445 DISBURSEMENTS Bond Payments - Principal 65000 Bond Interest 24645 Misc Charges 800 TOTAL DISBURSEMENTS - DEBT SERVICE 90,445 • CITY OF SPRING PARK RESOLUTION 91-32 Page 6 WATER SYSTEM FUND Service Fees 85,000 Meter Deposits &-,.Permits 500 Sales Tax 1,800 Interest on Investments 39,000 Penalties 2,000 Water Equalization Charges 16,000 Other Income 100 Tax Levy 46,000 TOTAL WATER SYSTEM FUND REVENUE DISBURSEMENTS Salaries Adm/Clk/Treas 5317 Util. Supt., 12754 Asst. Util 1500 Office 6832 • PERA/FICA/HOSP/INS 5889 Adm. Expense 200 Contracted Services Insurance 3800 Water Tower Cleaning 15000 City Attorney 1800 Engineer 2000 Audit & Acct. 3724 Pager 180 Maintenance Sales Tax 1800 Truck Depreciation 802 Utilities 13000 Office Supplies 700 Misc. Supplies 2600 Truck Operation 500 Chemicals 600 Postage 650 Well Depreciation 5300 Repairs &.Maintenance 15000 Tractor Depreciation 300 Dues/Fees/Schools 500 Health Dept. Testing Fees 250 Iron Removal Plant Depreciation 10620 • DISBURSEMENTS Sub -Total 190,400 111,618 CITY OF SPRING PARK • RESOLUTION 91-32 Page 7 WATER SYSTEM FUND - DISBURSEMENTS continued Transfers to Debt Service Service Fees 44,445 Equalization Fees Interest Tax Levy 46,000 Total Transfers 90,445 TOTAL WATER SYSTEM FUND DISBURSEMENTS 202063 PUBLIC UTILITY FUND - SEWER • Service Fees 170,500 Permits 50 Interest on Investments 15,000 Penalties 2,000 Sewer Equalization Fees 5,000 SAC (Metro) 1,950 Other Income 300 TOTAL PUBLIC UTfiLITY FUND REVENUE 194,800 DISBURSEMENTS Salaries ADm/Clk/Treas 5317 Util. Supt. 14348 Asst. Util. 1500 office 6830 PERA/FICA/HOSP/INS 6121 Adm Expense 200 Contracted Services SAC 1950 Metro Waste Control Commission 99111 Insurance 4147 City Attorney 1250 Engineer 1500 • Audit & Acct. 3724 Pager 180 i • CITY OF SPRING PARK RESOLUTION 91-32 Page 8 PUBLIC UTILITY FUND - SEWER contind(ed Maintenance Truck Operation 500 Truck Depreciation 802 Dues/Fees/Schools 100 Utilities 4500 Repairs & Maintenance 5000 Office Supplies 600 Postage 750 Lift Depreciation 5000 Other Supplies 700 Miscellaneous 500 Tractor Depreciation 300 TOTAL PUBLIC UTILITY DISBURSEMENTS • 9 164,930 • 0 CITY OF SPRING PARK RESOLUTION 91-32 Page 9 HOUSING & REDEVELOPMENT - PROJECT AREA #1 REVENUE Interest Earnings 30,000 Tax Increments 252,437 TOTAL REVENUE 282,437 DISBURSEMENTS Transfers to Debt Service 224,288 Legal, etc. 5,000 Misc. 2,000 TOTAL DISBURSEMENTS 231,288 DEBT SERVICE FUND - TAX INCREMENT BONDS REVENUE Transfers from BRA 224,288 TOTAL 224,288 DISBURSEMENTS Bond Principal 50,000 Bond Interest 173,788 Fees 500 TOTAL 224,288 • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-33 APPROVING THE STORM SEWER AGREEMENT NO. PW 71-47-91 CSAH 125, COUNTY PROJECT 9045 WHEREAS, agreement for participation in the storm sewer construction on County State Aid Highway No. 125 near the intersection with Channel Road, Hennepin County Project No. 9045, Agreement No. PW 71-47-91 has been pre- pared and presented to the City, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Spring Park that said agreement be in all things approved. BE IT FURTHER RESOLVED that the Mayor and Administrator are authorized to sign Agreement No. PW 71-47-91, Hennepin County Project No. 9045. • ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 18th DAY OF November , 1991. ATTEST: 0 APPROVED: • CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 91-34 A RESOLUTION APPROVING GAMBLING LICENSE APPLICATIONS FOR THE NORTHWEST TONKA LIONS CLUB WHEREAS, the Northwest Tonka Lions Club of Mound, Minnesota has applied for renewal of their gambling licenses at establishments within the City of Spring Park, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Spring Park that the Northwest Tonka Lions gambling applications be approved for the following premises in the City of Spring Park: 1. Minnetonka Mist - 4050 Shoreline Drive, Spring Park, MN 55384 2. All Stars Sport Bar - 4673 Shoreline Drive, Spring Park, MN 55384 • ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 2nd DAY OF December, 1991. APPROVED: ?oerDP. ockv arfi, AAYOR ATTEST: ADMINISTRATOR/CLERK/TREASURER CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA REGULAR MEETING January 7, 1991 7:30 p.m. - City Hall OATH OF OFFICE - Rockvam, Thurk, & Dill 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - December 17, 1990 5. PETITIONS, REQUESTS & APPLICATIONS a) Appointments for 1991 1. Kelly Law Offices 2. Appointment of Official Newspaper b) Board of Hennepin County Commissioners - Re: Legislative Support c) Cigarette & Non- Intoxicating Malt Liquor Application - 4311 Shoreline Dr. d) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Resolution 91-1 - Naming An Official Depository b) Resolution 91-2 - Naming An Official Depository c) Resolution 91-3 - Naming An Official Depository d) Resolution 91-4 - Establishing Order of Business & Time of Regular Meetings 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission - December 18, 1990 2. Administrative Committee - January 3, 1991 b) Council Kraemer Weeks Thurk Dill c) Engineer d) Utility Superintendent e) Administrator 1. LMC - Re: LMCIT Property/Casualty Dividend 2. Building & Sign Report - December 1990 3. Resolution 90-16 - Dance Extension for Friday Nites 4. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Regional Transit Board - Re: Meeting . b) LMCD - Re: Shoreland Rules - c) LMC - Re: Board of Directors d) Board of Henn. Cty. Commissioners - Re: Fiscal Disparities e) Letter - Head, Hempel - 12/26/90 Re; DNR Shoreland Regulations & 1/91 Re: Dakota Rail g) Letter DNR - Re: Shoreland 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES REGULAR MEETING January 7, 1991 7:30 p.m. - City Hall OATH OF OFFICE The oath of office was administered to Mayor Rockvam, Councilmembers MaryAnn Thurk and Harlyn Dill by the city clerk, prior to the beginning of the meeting. 1. CALL TO ORDER The meeting was called to order by Mayor Rockvam at 7:30 p.m. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Kraemer second by Weeks to adopt the agenda as presented. All votes were aye. Motion declared carried. • 4. APPROVE MINUTES - December 17, 1990 Motion by Kraemer second by Weeks to approve the minutes of December 17, 1990. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Appointments for 1991 (See attached list) Motion by Weeks second by Thurk to appoint Kraemer as acting Mayor. All votes were aye. Motion declared carried. Motion by Weeks second by Kraemer to appoint Froehling, Anderson, Plowman and Egnell as Auditor. All votes were aye. Motion declared carried unanimously. Motion by Kraemer second by Weeks to appoint Head, Hempel, Seifert & Vander Weide City Attorney. All votes were aye. Motion declared carried. 1. Kelly Law Offices The Administrator read a letter dated January 2, 1991 from Kelly Law Offices, they presented a proposal for legal prosecuting representation . and also LMCD legal consultation and representation. CITY OF SPRING PARK REGULAR MEETING - January 7, 1991 Page 2 Motion by Rockvam second by Weeks to appoint Gregory Keller Prosecuting Attorney. All votes were aye. Motion declared carried. Motion by Weeks second by Kraemer to appoint the Orono Chief of Police as Civil Defense Director and Goman the alternate. All votes were aye. Motion declared carried. Motion by Rockvam second by Weeks to appoint Ken Adolf from Schoell & Madson the City Engineer. All votes were aye. Motion declared carried. Motion by Kraemer second by Weeks to appoint Dr. Romness & Carlson as City Health Officer and Osmonson as the alternate. All votes were aye. Motion declared carried. Motion by Weeks second by Thurk to appoint Rockvam, Kraemer and Osmonson as Official Signatures. All votes were aye. Motion declared carried. 2. Appoint of Official Newspaper Two proposals were received for appointment of the official newspaper. The Laker and the Westonka Sailor. The Mayor thanked Lorrie Ham from The Laker for attending and reporting on the Spring Park council meetings. • Motion by Rockvam second by Weeks to appoint the Laker the Official Newspaper. All votes were aye. Motion declared carried. Motion by Weeks second by Kraemer to appoint Mayor Rockvam as the Weed Inspector and Dill as the alternate. All votes were aye. Motion de- clared carried. Motion by Weeks second by Kraemer to appoint Thurk to the Administrative Committee and Dill to the Police Commission. All votes were aye. Motion declared carried. Motion by Kraemer second by Weeks to appoint Weeks as the Planninq Com- mission Ex-Offico and Beautification Chairperson and Thurk as the al- ternate for both positions. All votes were aye. Motion declared carried. Motion by Rockvam second by Weeks to appoint Rosen and Dill for the Cable TV Committee and Kraemer as the alternate. All votes were aye. Motion declared carried. Motion by Weeks second by Kraemer to reappoint Shavlik to the Planninq Commission for a four year term. All votes were aye. Motion declared carried. It was noted Erickson's term had expired on 12/31/90 and he has de- clined seeking another term. CITY OF SPRING PARK REGULAR MEETING - January 7, 1991 Page 3 • b) Board of Hennepin County Commissioners - Re: Legislative Support A letter dated December 18, 1990 was received from the Board of Hennepin County Commissioners. They are requesting a resolution supporting the Fiscal Disparities Program. Council requested a resolution be drafted for the next meeting. c) Cigarette & Non -Intoxicating Malt Liquor Application - 4311 Shoreline Dr. Motion by Weeks second by Kraemer to approve the cigarette and non - intoxicating malt liquor application for Brooks' Food Inc. at 4311 Shoreline Drive. It was determined the fee would be pro -rated. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. d) Miscellaneous A letter dated January 4, 1991 from Sheldon Meyers stated he was re- signing his position on the Planning Commission. His term would have expired December 31.. 1992. Motion by Kraemer second by Weeks to accept the resignation of Sheldon Meyers. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all • voted aye. Motion declared carried. Council requested a letter be sent to Meyers expressirig appreciation for his years of service on the Planning/Park Commission. 6. ORDINANCES & RESOLUTIONS a) Resolution 91-1 - Naming An Official Depository Motion by Weeks second by Kraemer to adopt Resolution 91-1, naming the Marquette Bank of Mound official depository. All votes were aye. Motion declared carried. b) Resolution 91-2 - Naming An Official Depository Motion by Kraemer second by Weeks to adopt Resolution 91-2, naming the First National Bank of the Lakes as official depository. All votes were aye. Motion declared carried. c) Resolution 91-3 - Naming An Official Depository Motion by Kraemer second by Weeks naming the First Minnesota of Mound official depository. All votes were aye. Motion declared carried. d) Resolution 91-4 - Establishing Order of Business & Time of Regular Meeting • Motion by Weeks second by Kraemer to adopt Resolution 91-4, establish- ing order of business and time of regular meetings. All votes were aye. Motion declared carried. L CITY OF SPRING PARK REGULAR MEETING - January 7, 1991 Page 4 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission - December 18, 1990 It was noted Chief Kilbo announced his plan to retire at the end of June 1991. 2. Administrative Committee - January 3, 1991 Don F-gnell and Mark Kammer also attended the meeting to discuss City fund balances which are being reviewed by legislature be- cause of shortfalls, they believe Cities should be forced to ex- pend them. The City accounting firm of Froehling, Anderson, Plow- man and Egnell, LTD. were requested to review the City's fund balances and make a recommendation as to designation of these funds. A resolution will be prepared for the next Council meeting. Motion by Kraemer second by Weeks to set a special two hour meeting on January 28th with the Council, Planner and the Planning Com- mission to discuss the Planning Inventory. All votes were aye. Motion declared carried. The Administrator stated the Police Commission meeting has been changed to January 15th. • b) Council Kraemer - Kraemer asked about the electrical problem with the street light pole near Twin Birch. The Utility Superintendent reported a fuse needed replacement. Weeks - No Report Thurk - No Report Dill - No Report c) Engineer Council asked about the Storm Water Management Plan, this is being reviewed by the Watershed. Ken Adolf will check on the status. Adolf also stated he had sent a letter to the oviners of the Edgewater Apartments regarding an easement for a utilities service connection for the Yacht Club. He will also contact Edgewater again. d) Utility Superintendent Goman asked the Council about shutting off the Christmas decorations. He stated the storage rack for the decorations has been received and he would contact someone about a cherry picker for removal of the decorations. Council discussed prices for additional decorations, flags and brackets. The Mayor asked about the time involved changing the bulbs that had broken, he suggested reimbursement from the company • where they were purchased. CITY OF SPRING PARK REGULAR, MEETING - January 7, 1991 40 Page 5 e) Administrator 1. LMC - Re: LMCIT Property/Casualty Dividend The Administrator stated a dividend of $5,726.00 has been received. 2. Building & Sign Report - December 1990 - Noted 3. Resolution 90-16 - Dance Extension for Friday Nites A six month resolution had been prepared to allow dances on Friday nites, this has now expired. Council requested another resolution to extend dancing on Friday nites for another year, after a year it will again be reviewed. 8. CLAIMS FOR PAYMENT Motion by Weeks second by Kraemer to approve the claims for payment except number 9, Lake Minnetonka Conservation District dues, this will be discussed at the next meeting. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None 10 NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Regional Transit Board - Re: Meeting • b) LMCD - Re: Shoreland Rules c) LMC - Re: Board of Directors d) Board of Henn. Cty. Commissioners - Re: Fiscal Disparities e) Letter - Head, Hempel - 12/26/90 Re: DNR Shoreland Regulations & 1/91 - Re: Dakota Rail g) Letter DNR - Re: Shoreland h) Letter _ DNR - Jan. 4, 1991 i) SRA - Meeting - January 16, 1991 The Mayor stated he would attend a LMCD meeting on January 8th. A letter dated Jan. 3, 1991 from Ken Larson, the City Attorney,was received concerning Mr. Mills',from Dakota Rail Inc.,demand for payment for access to West Arm Road. Larson was asking the Council if the City would prefer to discuss the matter with Mr. Mills rather than pursuing the present course. Council authorized Ken Larson to prepare a response. 11. MISCELLANEOUS The Mayor asked about recycling. Flyers with instructions on preparing plastics for recycling are being enclosed with the water bills. 12. ADJOURNMENT Motion by Kraemer second by Thurk to adjourn the meeting at 8:45 p.m. All votes were aye. Motion declared carried. Secretary Administrator/Clerk/Treasurer i 0 CITY OF SPRING PARK SPRING PARK, MINNESOTA APPOINTMENTS FOR YEAR 1991 1. ACTING MAYOR 2. AUDITOR 3. CITY ATTORNEY 4. PROSECUTING ATTORNEY 5. CIVIL DEFENSE DIRECTOR Alternate 6. CITY ENGINEER 7. CITY HEALTH OFFICER Alternate 8. OFFICIAL SIGNATURES 9. OFFICIAL NEWSPAPER 10. WEED INSPECTOR Alternate 11. ADMINISTRATIVE COMMITTEE Kraemer Froehling, Anderson, Plowman & Egnell P.A. Head, Hempel, Seifert & Vander Weide Gregory Keller Chief of Police David Goman Schoell & Madson, Inc. - Ken Adolf Dr. Romness & Carlson Osmonson Rockvam, Osmonson & Kraemer The Laker Rockvam Dill Rockvam, Osmonson & Thurk 12. POLICE COMMISSION Rockvam, Osmonson, Dill & Police Chief 13. PLANNING COMMISSION - EX-OFFICIO Weeks Alternate Thurk 14. BEAUTIFICATION CHAIRPERSON Weeks Alternate Thurk 15. CABLE TV COMMITTEE Rosen & Dill Alternate Kraemer 16. APPOINTMENTS TO PLANNING COMMISSION - Shavlik Term Ending 12/31/95 0 0 I a W:: 0('ity ot Spntng Ta4k P. O. BOX 452, SPRING PARK, MINNESOTA 55384 • Phone: 471.9051 • ON LAKE MINNETONKA Mayor Jerome P. Rockvam 471.9515 Councilmembers January 8 1991 Don Dill 471-8185 Ron Kraemer TO: Planning Commission 471-7339 FROM: City Administrator Wm. D. Weeks SUBJECT: Special Meeting 471-7285 Carl Widmer 471.9429 Please be advised that a Special Meeting has been set by the City Council for January 28, 1991 (Monday) at 7:30 P. M. at City Hall. This meeting is the second called to discuss elements of the Comprehensive Plan update. Bring your copy of the Planning Inventory dated September 1990. The Planning Commission is urged to make every effort to attend this important meeting. L� 0 CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT January 7, 1991 1. ATW Landscape - R. Schnabel 1567.65 2. American WaterWorks Assn. 66.00 3. Assn. of Metro Municipalities 480.00 4. Blackowiak & Son 24.38 5. DPC Industries 35.90 6. Hennepin County - Elections Section 65.28 7. 11if Workhouse 272.75 8. Labatt's Spring Park Spur 151.77 9. Lake Mtka Conservation District 1087,25 10. The Laker 72_80 11. League of MN Cities 16.50 12. Lowell's Automotive 8.47 13. Metro Waste Control Commission 8266.00 14. Mound, City of (Fire Contract) 8792.25 15. Northern States Power Co. 834.64 16. " 11 " 1205.37 17. NW Associated Consultants 520.00 18. Orono, City of 1008.83 19. Polka Dot Recycling 516.25 20. Sterne Electric Co. 59.72 21. U. S. West Communications 116.09 22. Westonka School Dist. #277 4170.00 29,337.90 23. Schoell & Madson, Inc. 12,750.18 42,088.08 ,qI) C)oj`),3 No. 206—Oath of City Officer Miller -Davis btate of jainne0ta, County of ..... .......N.E.N.N.E.PI.N........................................... sa. .................................... CITY .... O.E.... S. p R.I.N.G... . PARK H....L.... DILL .......................I do solemnly swear I,................................................................................................................................................................. ..........................................................................................that I will Support the Constitution of the United States and of the State of Minnesota, and faithfully discharge the duties of the office of .........0001 .. MEMBER..... of the ............ ...IT.%..................of.....SPRING....PARK.....................................in the County of ............ H.ENNEPIN..................................... and State of Minnesota, to the best of my judgment and ability. So help me God. ............................................................................................................................................................................................................................................................ Cou�ici.�...... Term....�.vj.1.pa...1.213.I./..�..4....................................................................... ........................................................................... ...... Subscribed and sworn to before me this 7th day of......January.................., 19..91.... ... , ' . ::................ ADMINISTRATOR/CLERK/TREASURER ............................................................................................................ .�....... ' :.j..............,......................................................... I ........ Harlyn Dill 2. Metro Relations - Letter - Jan. 1U, 1991 3. February Calendar 4. Miscellaneous 8. CLAIMS FOR PAYMENT - LMCD Dues 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) LMC - Re: Newly Elected Officials Conference b) AMM - Reception Invitation c) Metro Relations Inc. - Re: Appointment 11. MISCELLANEOUS • 12. ADJOURNMENT CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES REGULAR MEETING Tuesday - January 22, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk and Dill were present. Kraemer was absent. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - January 7, 1991 Motion by Weeks second by Dill to approve the minutes of January 7, 1991. Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. • 5. PETITIONS, REQUESTS & APPLICATIONS a) Yacht Club - Revised Plans Jack Dennis from RDP Partners was present to update the Council. RDP Partners has resubmitted building plans for a proposed Yacht Club located east of the Edgewater Apartments. Mr. Dennis stated the build- ing size will remain the same but the proposed wood decks will now be verandas, the windows are flush with the building. The plan also has a clock in the front of the building. A new survey has been done and the high water mark located. There are currently 119 parking stalls. The plan has been approved by the DNR. A letter dated March 20, 1989 from the DNR stated an environmental impact statement would not be necessary. Mr. Dennis stated a 13 foot variance on the lake side was needed and he was asking the Council for their advice. He will seek a variance and will go thru the procedure for obtaining variances re- garding the set back. The building is 69% leased, but 80% is needed before construction will begin, Edina Realty will lease the 1st floor. Construction is expected to start in March of 1991. Rockvam and Weeks stated they did not see a problem with the required variance because the building will be set back more from the lake than the Water Patrol and the Edgewater Apartments. Mr. Dennis inquired about installing the dock before the building is completed. The Administrator checked the zoning ordinance for uses • in a C-4 district and it was determined this would be a legal issue, E CITY OF SPRING PARK REGULAR MEETING - January 22, 1991 Page 2 this will be checked with the attorney. The Mayor felt the dock was an amenity relating to the structure. Mr. Dennis stated they would like to start their sailing school. A curb cut would be provided and gravel for parking would be installed for a temporary parking lot. This will be discussed after an opinion is obtained from the attorney. b) Miscellaneous The Mayor suggested lake set backs in relation to neighboring struc- tures be discussed with the City Planner at the meeting scheduled for January 28th. 6. ORDINANCES & RESOLUTIONS a) Resolution 91-05 - Implementing a Recycling Program Motion by Weeks second by Dill to adopt Resolution 91-05 Implementing a Recycling Program. All votes were aye. Motion declared carried. b) Resolution 91-06 - Establishing a Policy for Designation of Year -End Fund Balances In the General Fund The League of Minnesota Cities has suggested Cities adopt a Resolution designating fund balances for a specific purpose. These amounts will • be allocated after the audit is completed. Motion by Weeks second by Thurk to adopt Resolution 91-06. All votes were aye. Motion declared carried. c) Resolution 91-07 - Supporting the Fiscal Disparities Program Motion by Weeks second by Dill to adopt Resolution 91-07. All votes were aye. Motion declared carried. d) Resolution 91-08 - Extending Dancing On Friday Nites Motion by Weeks second by Dill to adopt Resolution 91-08. Extending dancing on Friday nites for another year. All votes were aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission - Jan. 15, 1991 - Animal Control Report 1990 - Noted 2. Special Meeting - LMCD - Management Plan - Jan. 10, 1991 This meeting was called to discuss the specific areas of disagreement between the LMCD Management Plan and the City of Spring Park in an effort to resolve those differences to satisfy both the City and the LMCD. The City Planner, City Attorney, the Mayor, the Administrator • and some of the LMCD Board were present. CITY OF SPRING PARK REGULAR MEETING - January 22, 1991 Page 3 • Motion by Rockvam second by Weeks to present a plaque to Meyers and Erickson in appreciation for their time and work on the Planning/Park Commission. All votes were aye. Motion declared carried. The Mayor also suggested consideration be given in recognition to the Commissioners for their service,a dinner or yearly event. b) Council Weeks - Weeks inquired about the recycling program. Thurk - No Report Dill - No Report c) Engineer Ken Adolf reported on sewer service for the proposed Yacht Club. The pipe runs along the north side of County Road 15 now, elevations from the Water Patrol are not certain and the cost would be approximately $3,900.00 but would not cover the cost to dig, to determine the elevation of the line. The stub near the Edgewater Apartments was put in some time in the 1960's and is a shorter route, cost would be approximately $4,400.00, but would not cover the cost of obtaining an easement. Adolf has had contact with Jeff Robinson from the Edgewater Apartments, he has indicated they would • be asking for compensation for the easement and had three conditions: 1. Edgewater would not be assessed for any of the costs. 2. The property would be restored. 3. Edgewater would not be charged for future costs. Adolf will work out a formula to offer Edgewater for the easement. This will be brought back to the Council before an offer is made. The Mayor inquired about the Storm Water Management Plan that had been given to the Watershed about a year ago. Adolf stated the Watershed would like to see each City do their own reviews and they are concerned with run-off water, water quality and flood plains. The Watershed is seeking more detail in the Plan and it should be more specific, they are asking the Plan be re -done to comply with the new Watershed rules. Adolf stated holding ponds often are not practical and the Watershed would like to see a basin for every 20,000 square feet of impervious surface. Adolf will discuss this at the next meeting. d) Utility Superintendent The Utility Superintendent reported the Christmas decorations have been taken down. The Mayor asked about the Utility Superintendent's time and replacement for the broken bulbs. The Utility Superintendent reported it would be approximately $35.00. The Mayor suggested a letter be sent to the company where the decorations were purchased. e) Administrator • 1. Change of Meeting - February 19th The Mayor stated he would be gone February 7th, for the Administrative CITY OF SPRING PARK REGULAR MEETING - January 22, 1991 Page 4 Committee meeting and also on February 12th for the Police Commission meeting. Motion by Weeks second by Dill to cancel these two meetings for Feb. All votes were aye. Motion declared carried. The Mayor also stated he would be gone on the regular Council meeting scheduled for February 19th. Motion by Weeks second by Thurk to change the meeting to February 20th or possibly the 25th after checking with Kraemer. All votes were aye. Motion declared carried. Weeks suggested an agenda be sent to the Planning Commissioners to re- mind them about the meeting on January 28th with the Planner. 2. Metro Relations - Letter - January 10, 1991 In a letter dated Jan. 10, 1991 Gene Franchett had offered his service to analyze and review the work of the (MWCC) Metropolitan Waste Control Commission. He is now with -drawing this offer for consulting services. In a letter dated Jan. 16th Mr. Franchett is seeking support for appointment as chairman of the MWCC. The Mayor suggested the LMC be contacted for information. • The Administrator stated a resume has been received from Kathleen Olson, 4580 West Arm Road expressing a desire to be on the Plann- ing/Park Commission. The Mayor suggested she come to the next Council meeting for an interview. 8. CLAIMS FOR PAYMENT Motion by Weeks second by Dill to approve the claims for payment except item number 14 which had been duplicated. Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) LMC - Re: Newly Elected Officials Conference b) AMM - Reception Invitation c) Metro Relations Inc. - Re: Appointment d) Letter - Gregory Keller, P.A. - Jan. 18, 1991 - Re: Macks' Sports Bar e) Letter - Congress - Gerry Sikorski - Re: Tax meetings f) LMCD - Minutes 12/5/90 - 1/12/91 & 1/14/91 A_letter dated Jan. 17, 1991 from the LMC regarding a newly elected officials conference was received. The conference is scheduled for Feb. 2, 1991. • MaryAnn Thurk and Harlyn Dill stated they would attend. CITY OF SPRING PARK REGULAR MEETING - January 22, 1991 Page 5 A letter dated Jan. 18, 1991 from Gregory Keller, P.A. was received on the status of liquor violations at Mack's Sports Bar. This will be discussed at the next Council meeting. It was noted the LMCD minutes of January 12th 1991 regarding Spring Park on page 2 were not correct. The minutes stated if the Memorandum is approved by the Spring Park City Council the Spring Park Resolution ob- jecting to the Management Plan would be withdrawn. The Mayor stated the minutes should be changed. 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Weeks second by Thurk to adjourn the meeting at 9:15 p.m. All votes were aye. Motion declared carried. CJ Administrator/Clerk/Treasurer 0 Secretary CITY OF SPRING PARK . SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT January 22, 1991 1. ARA/Cory Refreshment Services, Inc. 36.00 2. A T & T Credit Corp. 93.47 3. ATW Landscape - R. Schnabel 1184.20 4. American Linen Supply Co. 4.50 5. American National Bank (Fees) 50.00 6. American National Bank (Bond & Int.) 139,950.00 7. Froehling, Anderson, Plowman & Egnell, Ltd. 232.85 8. G & K Services 55.50 9. Gopher State One -Call, Inc. 15.00 10. Head, Hempel, Seifert & Vander Weide 2512.50 11. Heitz, Frank, Trucking 150.00 12. Ini:. Instit, of Munic. Clerks 55.00 y3. Keller, Gregory E., P. A. 1166.66 K-Ami.ca Business Maehines 149.99- Voloe_b DvpLi. 15. Labatt's Spring Park Spur 43.51 16. Metro Waste Control Comm. 8266.00 17. Minnegasco 712.69 18. Minnesota Cellular One 349.CC 19. Minnesota DNR 73.50 20. Minnesota Dept. of Revenue (Sales Tax) 282.73 • 21. National City Bank (Bond Interest) 14,885.68 22. Navarre Hardware 22.80 23. Northern States Power Co. 75.96 24. Orono, City of Animal Control 357.00 1084.75 Util. Stand -By 727.75 25. Osmonson, Patricia 87.77 26. Schoell & Madson, Inc. 151.36 27. Westonka Chamber of Commerce 100.00 28. Widmer, Inc. 2047.00 173,828.43 140- 173, 6&S''/ 3 0 . CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA SPECIAL MEETING - COUNCIL - PLANNING COMMISSION & PLANNER January 28, 1991 7:30 p.m. - City Hall 2 Hour Limit 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. DISCUSSION ON PLANNING INVENTORY a) Set Backs b) Advance Site c) Lot Size d) Tandem Lot Splits e) Acceptable Density f) Screening & Landscaping • g) Apartment Parking h) Inpervious Surface 5. MISCELLANEOUS 6. ADJOURNMENT • CITY OF SPRING PARK . SPRING PARK, MINNESOTA MINUTES SPECIAL MEETING - COUNCIL - PLANNING COMMISSION & PLANNER January 28, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk, Dill, Shavlik and Cherry were present. Van Beek, Klohn and Rosen were absent. 3. ADOPT AGENDA Motion by Weeks second by Kraemer to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. DISCUSSION ON PLANNING INVENTORY Alan Brixius the City Planner from Northwest Associated Consultants, Inc. • was present. He had prepared a preliminary Development Framework Compre- hensive Plan which he presented to the Council and the Planning Commission- ers. He stated he has tried to incorporate the LMCD and the DNR into the Comprehensive Plan, he used the 1980 plan for a format plan and made it more specific. He mentioned the Plan could be modified to suit Spring Park's drastically unique configurations, and he had tried to establish balance. The Plan includes Issues, Policy Plan, Concepts and Develop- ment Framework. Brixius read sections of the Plan where he wanted issues to be discussed. In the Natural Resources Policy Plan it was determined the "LMCD" word be deleted in objectives - #7 and the word "LMCD" be deleted in the last paragraph under Lake Minnetonka. Brixius stated in his Plan existing wetlands and natural drainageways will be preserved as part of the Com- prehensive stormwater Management System. In review of the LMCD Plan, Spring Park, in conjunction with seven other cities, have raised opposit- ion to the Shoreland Management section of the plan. Brixius stated off-street parking is a critical feature and if the City is looking at new development the objectives under the Policy Plan should be considered. Tandem lot splits or "back lots" were discussed and the Planner stated they • • LJ • CITY OF SPRING PARK SPECIAL MEETING - January 28, 1991 Page 2 be permitted only when adequate access can be established without creating non -conforming property. Spring Park is striving for 25 foot streets. Non -conforming single family homes can be expanded up and maintained or improve livability provided the non -conformity of the structure is not increased. The Mayor inquired about set backs from the lake. Brixius stated the DNR will accept the situation if site lines are maintained and this could be done by a variance or by Administrative review. Kraemer stated he felt it should not be a Administrative decision. The Planner stated Spring Park has about 14 acres of buildable land and in the event that the railroad looks to abandon the rail line in the future the City should consider acquiring the total right-of-way which would allow the City to improve its local street system and consolidate the manufacturing zoning district into a single redevelopment site. He also stated some areas of the City need controls for outside storage, and this could also be addressed. The provisions of medium density nand use were discussed and it was de- termined more language needed to be incorporated. Council and Planning Commissioners felt the lot size of square feet per unit be left open. Brixius stated he will leave density open. High Density Residential - It was decided to include the following in low and medium density as well as in high density: a) Lot size b) Compliance with required building setbacks c) Compliance with required parking standards d) Provisions of on -site storm water management techniques that will protect the lake from storm water runoff and pollutants. Brixius stated the Advance site should compliment existing use. Fletchers parking problems were also discussed, but Council felt it was only a problem that existed about 20 days out of the year and the paragraph will be re -addressed. Council also determined exterior building materials should be determined by the builder and the word "equal" should be replaced by the word "high", to read "Exterior materials should be of high quality". The Planner inquired about zoning lines if the City were to acquire rail road property. The Zoning Administrator said this should be addressed specifically and should be zoned with abutting property. The Mayor stated screening and landscaping had not been addressed. The Planner suggested the Chamber Plan for beautification be incorporated into the Comprehensive Plan. The Planner stated he would make the necessary changes and the next draft of the Plan would be a complete version. CITY OF SPRING PARK SPECIAL MEETING - January 28, 1991 Page 3 • Motion by Kraemer second by Weeks to set the next meeting for March 11, 1991, with the Council, Planning Commission, Planner and Staff for 2 hours. The Administator stated after checking with Kraemer the regular council meeting will be on February 20th. 5. MISCELLANEOUS New plans for the Yacht Club were discussed. Variances are needed for set backs from the lake and parking. This will be discussed at the public hearing on February 13th. 6. ADJOURNMENT Motion by Weeks second by Thurk to adjourn the meeting at 9:55 p.m. All votes were aye. Motion declared carried. • Administrator/Clerk/Treasurer • Secretary CITY OF SPRING PARK • SPRING PARK, MINNESOTA AGENDA REGULAR MEETING February 4, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES a) January 22, 1991 b) January 28, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Planning Commission - Resumes 1. Kathleen Olson - 4580 West Arm Road 2. Richard Dietz - 2400 Interlachen Road b) Letter - Gregory Keller - Re: Liquor Violations c) Miscellaneous 6. ORDINANCES & RESOLUTIONS • 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Council Kraemer Weeks Thurk Dill c) Engineer 1. Storm Water Management Cost Update 2. Miscellaneous d) Utility Superintendent e) Administrator 1. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) LMCD - Re: Crappie Contest - 4/20/91 b) Bureau of Census - 1990 Population Totals c) Letter from Triax Cablevision - Re: Rate Increase & Channel Line -Up d) LMCCC - Re: Notice of Public Hearing e) LMCD - "Save The Lake" - Banquet - 2/21/91 f) Proposed Legislation - Letter - Steve Smith 1/29/91 g) Letter - NSP - 1/28/91 - Rate Increase • 11. MISCELLANEOUS 12. ADJOURNMENT • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES REGULAR MEETING February 4, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Weeks second by Kraemer to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES a) January 22, 1991 • Motion by Weeks second by Dill to approve the minutes of January 22, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. b) January 28, 1991 Motion by Kraemer second by Thurk to approve the minutes of January 28, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Planning Commission - Resumes The Mayor stated there were two vacant positions on the Planning/ Park Commission, one an unexpired term of two years and another for a four year term. He explained Spring Park is a unique situation with mixed uses, Spring Park is now re -doing their Comprehensive Plan, and the Planning Commission is also the Park Commission. Two resumes were received. 1. Kathleen Olson - 4580 West Arm Road Olson stated her reasons for seeking appointment to the Commission • were: She liked to be actively involved, Spring Park is a good CITY OF SPRING PARK REGULAR MEETING - February 4, 1991 Page 2 place to live, she liked the small town atmosphere, she was concerned with the economy of Spring Park because of the closing of McDonald's Restaurant and would not have a problem with attend- ing the evening meetings. Weeks inquired if she was familar with the LMCD. Olson stated only what she had read in the papers. The Mayor asked if she would like to serve on the Planning Commission for a two year term or a four year term. Olson stated she would like to try the two year term first. Motion by Kraemer second by Weeks to appoint Kathleen Olson to the Planning/Park Commission for a two year term ending 12/31/92. All votes were aye. Motion declared carried. 2. Richard Dietz - 2400 Interlachen Road Dietz stated he moved to Spring Park in 1983, is a owner of a Bayview Condominium, he is retired and wanted to get into City government and felt he now had the time to do so, but would possibly be gone one month in the winter. The Mayor inquired if he was familar with Spring Park's conflict with the LMCD's Shoreland Management Plan and the proposed Yacht Club project. Dietz stated he was. The Mayor stated the Planning Commission's recommendations were valued by the Council. • Motion by Rockvam second by Kraemer to appoint Richard Dietz to the Planning/Park Commission for a four year term ending 12/31/94. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. b) Letter - Gregory Keller - Re: Liquor Violations A letter dated January 18, 1991 from Gregory Keller, P.A. was received on the status of liquor violations at Mack's Sports Bar. Keller stated he had reports of other violations occurring after these and anticipated that additional charges will be filed in the near future. In discussion with the City Attorney it was suggested Council take no action at this time. c) Dance Application - Minnetonka Mist - 4050 Shoreline Drive Motion by Weeks second by Kraemer to approve the dance for the Minne- tonka Mist on February 9, 1991. All votes were aye. Motion declared carried. 6. ORDINANCES & RESOLUTIONS The League of Minnesota Cities is encouraging cities to adopt a resolution opposing further cuts in state aid to cities. They are also asking the resolution be sent to local legislators, the governor's office and local • media. CITY OF SPRING PARK REGULAR MEETING - Febuary 4, 1991 • Page 3 Resolution 91-09 - Opposing further Cuts in State Aid Motion by Rockvam, second by Kraemer to adopt Resolution 91-09 Opposing further cuts in State aid. All votes were aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor The Mayor requested contact with the 8 cities that are opposed to the LMCD Plan to determine if they are paying their LMCD dues. Spring Park's dues are being withheld. Met Council has tabled review of the LMCD Comprehensive Plan for 90 days or until conflicts are resolved. The Mayor also requested a date be set in March for Council pictures, and Mr. O'Flanagan be contacted regarding his sign. b) Council Kraemer - No Report Weeks - Weeks inquired about the proposed Kings Road project. The Engineer statedit was being worked on. • Thurk - No Report Dill - No Report c) Engineer The City Engineer, Ken Adolf, from Schoell & Madson, Inc. submitted a proposal to finalize the Stormwater Management Plan. In his letter dated February 1, 1991, he stated in order to update the plan to meet the requirements for approval of the Minnehaha Creek Watershed District the following items would need to be included in the final plan: 1. Detailed drainage standards which would include the MCWD "rules," modified to address specific conditions found in the City of Spring Park. 2. Construction details of sump manholes, skimming weirs, erosion control measures, etc. 3. Plan maps indicating basin locations, flow rates, runoff flow paths and basin volumes. Address wetland alteration, shoreline work, flood plain filling, etc. This would be done by including MCWD "rules" regarding these issues in the plan. Establish a more aggressive policy and standards regarding water quality treatment. The items that would be included in the plan are listed below: • 1. A policy or program for constructing sump manholes on existing storm sewer lines in the City. CITY OF SPRING PARK REGULAR MEETING - February 4, 1991 Page 4 • 2. Program for cleaning sump manholes. 3. Establishing detailed standards for water quality treatment of runoff from new developments. Also included in the final plan would be an update of the strom sewer inventories and maps. The estimated fee would be $2,900.00. The Mayor stated the majority of water collects on railroad right-of-way and inquired if the MCWD was aware of this. It was determined the Engineer should proceed with the plans, then get in touch with the Railroad. Motion by Weeks second by Kraemer to authorize the $2,900.00 to update the Stormwater Management Plan to the standards of MCWD requirements. All votes were aye. Motion declared carried. The Engineer stated he has contacted Bob Ryan from the Edgewater Apartments and he has offered $200.00 for a sewer easement for the Yacht Club. At this time Ryan has not yet responded. d) Utility Superintendent - The Utility Superintendent was excused. e) Administrator 1. Building & Sign Report - January 1991 - Noted. • 8. CLAIMS FOR PAYMENT The Administrator stated she had received a claim for payment from the Law Office of Gregory Keller, P.A. for his monthly retainer of $1,170.00. Motion by Kraemer second by Weeks to approve the claims for payment but omit the LMCD dues, include the payment to Keller and include the Jan- uary payroll. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS The Administrator stated flags have been ordered for the light poles. 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) LMCD - Re: Crappie Contest - 4/20/91 b) Bureau of Census - 1991 Population Totals (1,571) c) Letter from Triax Cablevision - Re: Rate Increase & Channel Line -Up d) LMCCC - Re: Notice of Public Hearing e) LMCD - "Save The Lake" - Banquet - 2/21/91 f) Proposed Legislation - Letter - Steve Smith - 1/29/91 g) Letter - NSP - 1/28/91 - Rate Increase 0 CITY OF SPRING PARK REGULAR MEETING - February 4, 1991 40 Page 5 11. MISCELLANEOUS The Administrator stated the next Council meeting will be February 20th, 1991. 12. ADJOURNMENT Motion by Kraemer second by Thurk to adjourn the meeting at 8:37 p.m. All votes were aye. Motion declared carried. 0 Administrator/Clerk/Treasurer 4) Secretary • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT February 4, 1991 1. ATW Landscape - R. Schnabel 938.35 2. Blackowiak & Son 24.38 3. Cellular One 14.53 4. DPC Industries, Inc. 35.90 5. G & K Services 44.40 6. Hennepin County (Workhouse) 268.00 7. Brook's Foods 12.6 8. Lake Minnetonka Conservation District 1087.2 No'i 9. Lowell's Automotive 1 .90 10. Minn Comm Paging 342.00 11. MN Mayor's Assn. 10.00 12. Mound Coast to Coast 9.98 13. NSP Street Lights 825.98 14. NSP 651.16 15. Orono, City of (Police) 69,706.50 74,001.93 • 16. Gregory E. Keller 1170.00 74-, U94-.b$ January payroll: 15th D. Osmonson 56.00 PERA 320.07 31st D. Osmonson 56.00 PERA 323.81 Marq. Bank 1980.52 Physicians Health Plan 827.00 Comm. Life Insurance 22.65 3586.05 n Atr-pov o �> CITY OF SPRING PARK SPRING PARK, MNINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Spring Park Planning Commission at 7:30 p.m. on Wednesday, February 13, 1991 in the Spring Park City Hall, 4349 Warren Avenue for the purpose of reviewing a variance request. A variance to lakeshore set back requirement and determination of criteria for parking needed on the site. Applicant: The Yacht Club - RDP Partners Address: 4165 Shoreline Drive PID: 18-117-23-44-0022 All concerned parties will be heard at the above time and place. City of Spring Park By - Patricia Osmonson Administrator Publish in the February 4, 1991 issue of The Laker. CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PUBLIC HEARING & PLANNING/PARK COMMISSION February 13, 1991 7:30 p.m. - City Hall OATH OF OFFICE Gene Shavlik - Kathleen Olson & Richard Deitz The oath of office was read by Shavlik and the new Commissioners. Terms will expire: Gene_Shavlik - 12/31/94 Kathleen Olson - 12/31/92 Richard Dietz - 12/31/94 1. CALL TO ORDER The meeting was called to order by Chairperson Shavlik at 7:30 p.m. 2. ROLL CALL Shavlik, Cherry, Olson, Dietz and Ex-Officio Weeks were present. Van Beek, Klohn and Rosen were absent. 3. ADOPT AGENDA Motion by Dietz second by Olson to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. OPEN PUBLIC HEARING - 4165 Shoreline Drive Findings of Fact The following notice was published in the Laker Newspaper and read by Shavlik: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Spring Park Planning Commission at 7:30 p.m. on Wednesday, February 13, 1991 in the Spring Park City Hall, 4349 Warren Avenue for the purpose of reviewing a variance request. A variance to lakeshore set back requirement and determination of criteria for parking needed on the site. Applicant: The Yacht Club - RDP Partners Address: 4165 Shoreline Drive PID: 18-117-23-44-0022 All concerned parties will be heard at the above time and place. Notice has been sent to the property owners within 350' of 4165 Shoreline Drive. The Planning Commissioners were given the variance application, a letter from the Yacht Club dated January 18, 1991, background information, CITY OF SPRING PARK PUBLIC HEARING & PLANNING/PARK COMMISSION - February 13, 1991 Page 2 parking plans, a floor plan, a picture of the outside of the structure and a planning report from Northwest Associated Consultants, Inc. Richard Putnam, John Dennis and Les Renner were present as owners and developers of the property. DISCUSSION & COMMENTS Shavlik reiterated events of the project to inform the new Commissioners what had happened at past Planning Commission and Council meetings. Shavlik then asked what had been changed in_ -the plans. Dennis brought along past plans that had been approved and pointed out the changes. Putnam stated variances needed would be a set back between the building and the lake and off-street parking requirements. Revised plans were submitted and the property had been re -surveyed because it was discovered the previous survey was inaccurate which resulted in problems with the tree locations and changes in the 929.4 high water contour which reduced the depth of the lot. Putnam stated he would give the Commissioners background information and he related these facts: They had first looked at the property in 1986 because they were looking for an alternate site because of low water at their present site. They had made a proposal to Tonka Corp. which did not work out and they later approached Balboa. The property had been zoned R-3 and has been re -zoned to C-4. They have 320 feet of shoreline, 1.5 acres and the building would be located between the Henn- epin County Water Patrol and the Edgewater Apartments. The RDP Partners then decided to combine an office building with the Yacht Club. He explained they have had numerous meetings with the City Council, Edge- water Apartment=residents, the Planning Commission and the City Planner and they felt the project relates to existing uses. They have consulted with Hennepin County on a curb cut after a traffic study had been done. The curb cut would be on the west side of the property and the County has agreed to cut back the island on Shoreline Drive. They orginally started with a four story. building, it was reduced to three stories and then the site plan was approved. Putnam stated the 32 boat slips have been approved by the LMCD through public hearings and approved with certain conditions. They decided the old plan did not look attractive from the lake side, the revised building plan would be a traditional landmark building. Amenities such as handicap bathrooms and a large meeting room resulted with a lot of space that could not be rented. Putnam said there is approximately 76% of useable rental space. The pitch of the roof was increased but it still meets the.height re- quirements. The middle of the building facing the lake was brought out to break up the looks of the building, the back of the building also did not match the front of the building. The building is 67% pre -leased and they need 80% for construction financing. CITY OF SPRING PARK PUBLIC HEARING & PLANNING/PARK COMMISSION Page 3 Dietz inquired about the meeting room. Putnam stated it would be used for the sailing school and also be rented out for public meetings. Dietz also asked about the verandas. Putnam stated they would be used by the tenants. Alan Brixius the City Planner had presented a site plan report dated January 22, 1991, regarding the Yacht Club. The proposed Yacht Club plan provides 119 parking spaces. According to strict interpretation of the Ordinance standards,133 spaces are required, this results in a parking deficiency of fourteen spaces. The total proposed building has 24,425 square feet of floor area. The City ordinance suggests one space for each 200 square feet of floor area for office type uses. Brixius presented a alternative parking plan. Because of the design of the build- ing allowing a percentage for common space such as mechanical rooms, hallways and larger bathrooms the City may wish to consider a lesser parking standard than the 110 office space required by the ordinance. Putnam stated two spaces were gained when the property was re -surveyed. Set backs from the lake for the Water Patrol and the Edgewater Apart- ments were discussed. The Yacht Club is set back from each of these buildings. According to the Department of Natural Resources they will make exception to the 50 foot set back from the lake provided structures on adjoining lots on both sides of the proposed building site have set backs less than the ordinary 50 foot distance. Rosen arrived at 8:30 p.m. Putnam stated the hardship required for a variance would be difficult to define because space is needed for landscaping and if the building were to be moved there would not be enough parking spaces and they would have to remove the trees, it is now a better looking building and it will work better financially. Putnam had an overlay of the building which was tried in different positions, which did not work. Olson asked how far the Water Patrol was set back from the lake. Putnam stated it was approximately 25 feet. Shavlik asked if the size of the building could be reduced. Putnam stated they needed the proposed size to make it workable. Rosen inquired about the building costs. Putnam stated it would be 2.4 million to build because they are shooting for Class A space. Shavlik was concerned about the run-off water. Putnam said the project has Watershed approval and a basin would be provided. Shavlik also asked about screening and buffering on the west side of the property. Putnam stated this was being worked out with Edgewater and they would do what- ever Edgewater felt was acceptable. Lois Velasco, one of the owners from Edgewater Apartments was present, she was concerned with screening and lights from the parking lot. It was determined about 16 parking spaces would face the apartments. Putnam explained they would work with Edgewater to provide the screening they CITY OF SPRING PARK PUBLIC HEARING & PLANNING/PARK COMMISSION Page 4 wanted and they did not expect the parking lot to be full very often. Space had been provided for a loading zone and also a trash enclosure. There would be no.trailer parking. The layout of the parking lot was discussed in relation to the entrance of the building and it was decid- ed most of the parking would likely be on the oppositeside of the apart- ments. It was also determined the 6 parking spaces needed for the swim- ming school would only be used 10 afternoons a year and the people for the sailing school would not come by car. Shavlik asked if there were any other comments on the parking. There were none. The set back variance from the lake Shavlik stated was the strongest item because of the site line. Putnam stated they did not want to re- move the trees or destroy the view of the lake for the residents of the Edgewater Apartments. He also said the County took 12 feet from the property when the road was being re -done. Olson asked how far the Edge- water Apartments were from the lake. Putnam stated approximately ten feet. Shavlik asked if there were any other comments or questions on the set back from the lake. There were none. 5. CLOSE PUBLIC HEARING The public hearing was closed at 9:10 p.m. 6. OPEN REGULAR MEETING Recommendation - 4165 Shoreline Drive a) Variance for Set Back From the Lake Motion by Rosen second by Dietz to recommend approval for the set back from the lake. Shavlik stated the Ordinance requires a 50 foot set back but both buildings.on the adjacent sides of the proposed building are closer which alters the fact. Olson stated the part of the building that extends does add to the aesthetic value of the building, she also asked about the length and width of the extension, It is 8 feet by 36 feet wide. Rosen stated he was in favor of the variance because of the line of site and the fluxuation of the water. Upon roll call Shavlik, Cherry, Rosen, Olson and Dietz all voted aye. Motion declared carried. b) Variance for Parking Motion by Rosen second by Olson to recommend approval for the parking. Shavlik stated he was in favor because of the unique situation. Dietz stated parking is a critical issue in Spring Park and he was concerned with the lack of parking spaces. Cherry stated the strict interpretation of the parking requirements should be taken into con- sideration because of the short time the spaces for the swimming and sailing school will be used. Olson stated they are making every effort to save the trees which is a plus, and she asked if most of CITY OF SPRING PARK PUBLIC HEARING & PLANNING/PARK COMMISSION Page 5 the Yacht Club members would come to the site by boat. Putnam stated they would. Dennis stated he did not expect the parking lot to ever be full. He stated Edina Realty has leased the first floor and they have a board meeting on Tuesday morning with their realtors and that would probably be the time the lot has the most cars in it. The Commissioners asked if over -flow from the Water Patrol would be allowed. The RDP Partners said no. Dietz stated if the parking variance were.to be approved he was afraid it would set a precedent which he disapproved of. Shavlik said there was a lot of common area in the building and it is a unique situation. Upon roll call Shavlik, Cherry and Olson voted aye. Rosen and Dietz voted no. The motion was declared carried. Rosen stated the Planning Commission should vote in favor of the rules and adhere to the ordinances until changed by the Council and Planning Commission. Dietz stated even if he voted no on the parking the pro- posed building is a very good looking building and will look better than the vacant property. The RDP Partners stated they will come to the February 20th Council meeting. 7. PARK COMMISSION Shavlik asked the Commissioners to consider a long range plan for the Parks which was suggested by the Mayor. This will be out on the next agenda. 8. MISCELLANEOUS Dietz and Rosen stated they would not be able to attend the March 11th meeting with the Council and Planning Commission. The following communciations were noted: a) March Calendar - Note Special Meeting - March 11 - Council & Commission b) Building & Sign Report - January 1991 c) Letter - Sheldon Meyers - Resignation d) Minutes - Nov. 14, Dec. 12, 17, 1990 & Jan. 7, 22, 28, & Feb. 4, 1991 e) LMCD Minutes - Dec. 5, 1990 Jan. 12 & 14th 1991 9. APPROVE MINUTES Motion by Rosen second by Cherry to approve the minutes of the meeting as read. All votes were aye. Motion declared carried. 10. ADJOURNMENT Motion by Cherry second by Dietz to adjourn the meeting at 9:58 p.m. All votes were aye. Motion declared carried. -) secretary r CITY OF SPRING PARK SPRING PARK, MINNESOTA February 15, 1991 TO: Mayor and City Council FROM: City Administrator SUBJECT: Docking on the Yacht Club site. At the last meeting, RDP Partners requested consideration of the 1991 use of their docking facilities in light of the delay in construction of their building. The Council requested the City Attorney be con- sulted on whether this would be a violation of the zoning ordinance. Ken Larson was consulted as to whether the Yacht Club could operate the sailing/docking portion of their property without the construction of the building. Mr;. Larson, after researching the wording in the C-4 Zoning assumes that of a yacht club but suggests Club's DOCK application for 1991 wishes to that license (See Ord. zoning ordinance, stated that the that docking is an ancillary use to that the Council reconsider the Yacht and attach whatever provisions it 47, Sec. 7 Subd. 1 attached). Since dock licenses must renew each year the Council is able to control the usage with restrictions. r ORDINANCE N0. 47 Page S SECTION 6:00. License Expiration and Renewal. Subd. 1. A license shall expire on December 31 next following its issuance. Any application for license renewal shall be made no later. than December 1 preceding the year of its issuance. Subd. 2. In the event this ordinance is amended to provide for license fees, such license fees shall not be prorated. Subd. 3. In the event this ordinance is amended to provide for license fees, such license fees shall not be prorated. The annual license fee for a license shall be as determined the pre- vious year, unless not later than thirty (30) days prior to the expiration date of each year, the City Council shall determine otherwise by amendment of this ordinance. Subd. 4. The City Council may waive the fee in the event such fee is enacted for lakeshore property owned by Hennepin County within the City of Spring Park. SECTION 7:00. Issuance of License. Subd. 1. Any license issued by the Council pursuant to this ordinance may contain restrictions as the Council deems necessary to protect the health, welfare and safety of the general public from over- burdening the primary harbor, limits of this City and the lakeshore at any particular location having in mind (among other things) parking problems, safety requirements for docking and mooring, contamination of the lake. Each license when issued shall contain a statement of the restrictions and conditions and said license with such restric- tions and conditions shall be conspicuously posted on the licensed premises. Subd. 2. No license shall be issued by the Council pursuant to this ordinance authorizing a multiple or commercial boat dock or boat docking or storage upon property within the confines of this City contrary to the regulations and limitations applying to said property set forth in the City's Zoning Ordinance. SECTION 8:00. Inspection. The City Council or such officer as may be designated by the Council for the purposes may, at reasonable times, inspect or cause to be inspected any such licensed multiple or commercial boat dock; and if it shall appear that such dock has not been constructed or is not being maintained or used in accordance with the license issued by the Council, or in accordance with the terms of this ordinance, the Council, by its City Administrator, shall notify the owner thereof in writing of the way or ways such dock does not comply with the license or within the ordinance, after which the owner shall have ten days to remove the dock or make the same comply with the terms of the license and within the ordinance. If the violation is not corrected within the allotted time the Council shall revoke the license. Notification under this ordinance shall be made in writing to the owner of the dock at the address given in the application. Failure to have a valid license in force shall be prima facie evidence of a violation of this ordinance. CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA REGULAR MEETING Wednesday, February 20, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - February 4, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Yacht Club - Variances 1. Planning Commission - Minutes of February 13, 1991 2. Lake Set Back 3. Parking Standards 4. Reconsideration of 1991 Dock Application b) Insurance Coverage Proposal LMCIT c) Expediting Shoreland Grant Agreements 1. LMCD Dues 2. Letter LMCD - Re: Met Council Review d) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Resolution 91-09 - Opposing Further Cuts in State Aid to Cities b) Resolution 91-10 - Designating Year End Fund Balances 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Council c) Engineer - Update on Edgewater Easement d) Utility Superintendent e) Administrator 1. Mack's Sport Bar - Letter from City Attorney 2. March Calendar 3. Building Permit - 4014 Sunset Drive 4. Miscellaneous 8. CLAIMS FOR PAYMENT - Attorney's Bill 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMI UNICAT ION a) The Link - Winter 1991 b) Water & Land Control Commission - Information c) Metro Waste Control Commission - Re: - Meetings d) LMCCC - 2/22/91 - Re: Meeting & Annual Review e) Henn. Community Health Department - Re: Services for Elderly People 11. MISCELLANEOUS 40 12. ADJOURNMENT CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES REGULAR MEETING Wednesday, February 20, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Weeks second by Kraemer to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - February 4, 1991 Motion by Kraemer second by Thurk to approve the minutes of February 4, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion is declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Yacht Club - Variances 1. Planning Commission - Minutes of February 13, 1991 2. Lake Set Back 3. Parking Standards 4. Reconsideration of 1991 Dock Application Richard Putnam, John Dennis and Les Renner were present. The Administrator read the variance application which stated - "The variance is requested be- cause when the property was re -surveyed on January 2, 1991, it was dis- discovered that the data we had been working from the previous survey was inaccurate. Most significant were changes in existing tree locations and changes in the 929.4 high water contour which reduced the overall depth of the lot. In refitting the building on the site, we feel the best sol- ution is represented on the attached drawing". The Mayor asked what the changes were from the approved plan. Putnam ex- plained the back (lake side) of the building had been extended because the decks were now being enclosed, the meeting room and the common area had been enlarged. Putnam put a colored layout on the board showing the lay- out of the building, parking lot and tree locations. He stated a perfora ed pipe would be put around the trees in an effort to save them. • n U CITY OF SPRING PARK REGULAR MEETING - February 20, 1991 Page 2 The Balboa survey they had been using was found to be inaccurate. Because of the new survey the high water contour reduced the overall depth of the lot, this resulted in a difference of 4 to 6 feet. The balconies would still be on pier footings but the roof line would be extended to cover them. The size of the building was now 24,425 square feet, the approved plan had 22,440 square feet. The Mayor stated the plan that had been approved did not need variances. It was noted the building had increased approximately 8% in size. The Mayor stated the variance application did not list the proper items for a hardship. It was also noted the property was rezoned from R-3 to C-4 provided no variances were needed. The DNR has approved the set back plan because of the site line. The City Planner had presented a site plan report dated January 22, 1991, regarding the Yacht Club. Brixius, the Planner, presented a alternative parking plan because of the interpretation of the ordinance. The Mayor stated Spring Park has always had a problem with parking. Putnam stated the rip -rap could be extended five feet towards the water which would give them additional footage. The Mayor stated the 929.4 high water mark does not change with rip -rap. The Mayor also stated he felt their hardship should be in different areas than what was stated on the application. Dennis stated he felt the hardship would be remov- ing the trees and also destroying the view of the lake for residents • of the Edgewater Apartments. Kraemer stated the zoning had been changed provided no variances were needed, he was happy with the project but could not go along with the new plan because it was for financial gain. Dennis said the common area could not be reduced because then the building would not meet the build- ing code and the plan has been approved by the Fire Chief. Putnam stated if the variance was not approved the options would be: 1. Go back to the first building plan. 2. Move the building up into the parking area, but they felt the park- ing should not be on the lake side. 3. Remove the portion of the building that extends. Putnam said he did not understand why the City had greater restrictions than the DNR and the LMCD. They will list reasons for a hardship on the variance application. It was determined the City Attorney will be contacted to determine if because of the prior motion in 1989, to rezone without a variance, could Council have flexibility of granting a variance now, or will the property revert back to R-3. The RDP Partners also asked if they could put in their docks before con- struction has started. Kraemer stated this is an ancillary use to the building. Thurk asked about the parking. Putnam stated a temporary park- ing lot would be used. The City Attorney suggested Council re -consider is • CITY OF SPRING PARK REGULAR MEETING - February 20, 1991 Page 3 the dock application for 1991 and attach whatever provisions it wishes to the license. The Mayor suggested the LMCD be contacted about the dock permit, then Council will review the dock permit next year. After the Attorney has been contacted the variance will be reconsidered at the March 4th meeting. b) Insurance Coverage Proposal LMCIT An annual insurance report had been received from Roger Hennessy. It was noted property values have increased 5% and the City had received a dividend check for $5,726.00 from the LMCIT. Motion by Weeks second by Kraemer to approve the insurance bid from the LMCIT. All votes were aye. Motion declared carried. c) Expediting Shoreland Grant Agreements Gene Strommen, Dave Cochran, Steve Prestin and Doug Babcock were present. A letter from the DNR dated February 5, 1991 was received, they were ask- ing the City to indicate its intentions. Strommen presented a new Memorandum of Understanding Regarding Shoreland • Protection Management Objectives. Two new items were listed on the mem- orandum since the meeting of January 10th. The Mayor stated the City still has questions regarding the Shoreland Management Plan. One of the new items listed was: #7 - "Upon acceptance of this Memorandum of Understand- ing, the City of Spring Park agrees to rescind its Resolution 90-29 dated 12/10/90". The Mayor stated in order to have the Resolution rescinded another meeting would be needed to resolve disagreements which he felt could be worked out because he did not want the Management Plan to go back to the legislature. The Mayor suggested the memorandum be given to the City Attorney to review. The Mayor stated there was going to be a meeting with the 8 Cities that are not in agreement with the LMCD Plan on the 22nd. Strommen stated they had not been informed of the meeting. Doug Babcock asked if the Council would approve the Shoreland Grant Agree- ment because he felt these were two different items. The Mayor stated the City would not do anything until the issues are resolved and stated the Grant Agreement will be sent to the City Attorney for review then it will be put on the March 4th agenda. Babcock also reported Victoria and Minnetrista have new LMCD representatives, funding for milfoil harvesting is slow to come in, the buoy and dredging budget ►vas reduced and the lake level is now 926.6, as of January 1991. d) Miscellaneous 0 The Administrator inquired about the LMCD dues that had been on the claims CITY OF SPRING PARK REGULAR MEETING - February 20, 1991 Page 4 • for payment list. The Council determined a quarter of the dues should be paid which is $1087.25. The Administrator read a memo she had prepared regarding a building permit on a non -conforming lakeshore property at 4014 Sunset Drive. The lot is 4822 square feet, side yard set backs are 4.1 feet and county road set back is 30 feet, but it is a lot of record and has been assessed one unit for water and sewer. The Administrator asked if the Council could see a problem with allowing the increase of the structure to add a partial sec- ond story. Mr. Breneman owner of the property had a new survey and he stated he had a letter signed by two of the neighbors that did not object to the proposed plan. Weeks stated the permit should include the new foundation that was put in without a building permit. Mr. Breneman stated he would be extending the roof line. Motion by Rockvam second by Kraemer stating the Council did not see a problem allowing the increase, but to include the cost of the foundation in the building permit. All votes were aye. Motion declared carried. 6. ORDINANCES & RESOLUTIONS a) Resolution 91-09 - Opposing Further Cuts in State Aid to Cities • Motion by Kraemer second by Thurk to adopt Resolution 91-09. All votes were aye. Motion declared carried. b) Resolution 91-10 - Designating Year End Fund Balances Motion by Thurk second by Weeks to adopt Resolution 91-10. All votes were aye. Motion declared carried unanimously. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor The Mayor reported he would attend the meeting with the 8 Cities that are opposed to the LMCD Shoreland Management Plan on January 22nd. b) Council Kraemer - No Report Weeks - No Report Thurk - No Report Dill - No Report c) Engineer - Update on Edgewater Easement The Engineer reported he had offered Bob Ryan from the Edgewater Apart- ments $200.00 for a sewer easement for the Yacht Club. Mr. Ryan stated CITY OF SPRING PARK REGULAR MEETING - February 20, 1991 • Page 5 E they wanted $500.00 to agree to an easement. The Council decided to ask the developers if they would be willing to pay the additional $300.00 Information from Schoell & Madson, Inc. was provided for the Council regarding the leak in the elevated water storage tank, which was dis- covered on February 8th. The leak consisted of a 3-inch long crack. The crack was repaired by draining the tank and welding, this is a temporary repair. The Engineer recommended obtaining a proposal from CBI (Chicago Bridge and Iron which orgina ly built the tank) to in- spect the tank and to install a reinforcing collar around the riser pipe. A estimate will be presented to the Council. The Utility Super- intendent stated the leak was due to stress, metal fatigue, the con- stant water movement and the tower is 28 years old. A letter dated February 18, 1991 from Schoell & Madson stated Audrey Jorgensen who owns property at 3900 Shoreline Drive was seeking con- firmation from the City that she could add a driveway from Del Otero Ave. at a future date. Due to new construction on Del Otero she was no longer able to access the property from Del Otero Ave. Her plan is to eliminate the driveway on Shoreline Drive, she is requesting a commitment from the City to allow the new driveway and remove the existing driveway at her expense. Motion by Rockvam second by Kraemer to instruct the Engineer to update this agreement in writing. All votes were aye. Motion declared carried. e) Administrator 1. Mack's Sport Bar - Letter from City Attorney In a letter dated Feb. 6, 1991 from Ken Larson he stated options regarding the liquor violations which have occurred at Mack's Sports Bar. Each time a bar is found to have violated liquor statute, rule or ordinance the licensing authority shall do one of the following things: 1. Suspend the license or permit for up to 60 days; or 2. Revoke the license or permit; or 3. Impose a civil penalty of not more than $2,000.00. The Administrator stated she had reason to believe, because of a call from the Revenue Department that the Corporation had changed owners. The City Attorney suggested Council instruct the Adminis- trator investigate. Motion by Weeks second by Kraemer to authorize the Administrator to investigate. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. CITY OF SPRING PARK REGULAR MEETING - February 20, 1991 • Page 6 2. March Calendar - Noted A letter from Hennepin County regarding Year XVII (1991) Urban Hennepin County CDBG funds was received, they were suggesting a date be set for the public hearing. Allocation for Spring Park is $10,083. Motion by Kraemer second by Weeks to set March 18, 1991 for the public hearing. All votes were aye. Motion declared carried. 8. CLAIMS FOR PAYMENT Motion by Kraemer second by Dill to approve the claims for payment. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. The Administrator was seeking approval for payment to the West Suburban Media- tion in the amount of $700.00. The Police Chief had been urging the City to participate in the program. It was provided for in the budget. Motion by Weeks second by Kraemer to approve the $700.00 payment to the West Suburban Mediation. All votes were aye. Motion declared carried. • 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) The Link - 1991 b) Water & Land Control Commission - Information c) Metro Waste Control Commission - Re: - Meetings d) LMCCC - 2/22/91 - Re: Meeting & Annual Review e) Henn. Community Health Department - Re: Services for Elderly People f) Letter - 2/18/91 - Schoell & Madson, Inc. Re: Driveway - 3900 Shoreline Dr. g) Letter - 2/19/91 - Ken Larson - Re: Dakota Rail - West Arm Road h) Revised Ordinance Index 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Kraemer second by Thurk to adjourn the meeting at 10:30 p.m. All votes were aye. Motion declared carried. Secretary • A ministrator C erk Treasurer 0 CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT February 20, 1991 1. American Linen Supply Co. 6.75 2. ARA/Cory Refreshment Services, Inc. 36.00 3. A T & T Credit Corp. 93.47 4. ATW Landscape - R. Schnabel 1856.00 5. Brook's Foods 60.25 6. Dixco Engraving 7.50 7. Froehling, Anderson, Plowman & Egnell, Ltd. 317.30 8. Gopher State One -Call, Inc. 25.00 9. Head, Hempel, Seifert & Vander Weide 2750.00 10. Ingman Laboratories, Inc. 7.00 11. Johnson, Tim 100.00 12. Knutson Services, Inc. 398.75 13. Lake Minnetonka Conservation District 1087.25 14. The Laker 16.44 15. Metro Waste Control Comm. 8266.00 16. Minnegasco 491.29 17. Navarre Hardware 35.04 18. North Country Flags 721.50 19. Northern States Power Co. 557.38 20. NW Associated Consultants, Inc. 4210.95 21. Orono, City of 427.70 22. Schoell & Madson, Inc. 761.55 23. University of Minnesota 105.00 24. U. S. West Communications 115.54 22,453.66 CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA REGULAR MEETING March 4, 1991 7:30 p.m. - City Hail 7:00 p.m. Council Photos 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - February 20, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Yacht Club b) Garbage Haulers Licenses (See Attached List) c) Letter - Doug Babcock - 2/25/91 - Re: Deletion of Appendix C from the LMCD Management Plan d) LMCD - Notice of Meeting - 3/6/91 e) Police Costs by Formula - 1991 f) LMCCC - Re: Cable Legislation g) Miscellaneous 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Councii Kraemer Weeks Thurk Dill c) Engineer 1. Let -ter - 2/26/91 - Re: Easements - Dakota Rail 2. Yacht Club - Sewer Easement - Letter - 2/27/91 d) Utility Superintendent e) Administrator 1. Building & Sign Report - February 1991 2. Audit & Adjusted December Statement 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) LMCD - Minutes - Jan. 23 & February 9, 1991 b) Letter - City of Mound - 2/26/91 - Re: Proposed Fire Station Addition c) LMC - Re: Opposition to Budget Cuts - State Aid to Cities 11. MISCELLANEOUS 12. ADJOURNMENT • CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES REGULAR MEETING March 4, 1991 7:30 p.m. - City Hall 7:00 p.m. - Council Photos Council photographs for 1991 were taken by Michelle's Photographs from Mound. 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Kraemer second by Weeks to adopt the agenda as presented. All votes is were aye. Motion declared carried. 4. APPROVE MINUTES - February 20, 1991 Motion by Kraemer second by Dill to approve the minutes of February 20, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Yacht Club A public hearing had been held by the Planning Commission on February 13, 1991 to consider a set back variance for the Yacht Club at 4165 Shoreline Drive and determination of criteria for parking on the site. The RDP Partners were seeking a 37 foot set back for their building rather than the required 50 feet. The Planning Commissioners had recommended approval for both requests. This was also approved by the DNR because of line site. The property had been rezoned from R-3 to C-4 for their proposal. The RDP Partners had first proposed a building that did not need any variances. This plan had been approved by the Council if the trees were left on the property and no variances were required. Their request was considered at the Council meeting on February 20, 1991. Because of an inaccurate survey, the fact that they had enlarged the building and the Shoreline Drive construction had taken some footage they were now seek- ing a 13 foot variance. At the meeting on February 20th Council deter- mined they would like an opinion from the City Attorney because of their Is CITY OF SPRING PARK REGULAR MEETING - March 4, 1991 Page 2 prior motion in 1989. Council also felt the hardship stated on their variance application was not sufficient reason to grant a variance, there- fore they requested the RDP Partners state their hardship reasons for the variance. In a letter dated March 1, 1991 to Mayor Rockvam and the City Council members the RDP partners stated these reasons for a hardship A. Two significant natural site features restrict our placement of the building. The location of major oak trees on the southwest portion of the site suggest the building's location to the east side. Likewise, the steep, wooded slope on the southwest suggests an alternate building location. B. The site's size and shape have been restricted by the condemnation by Hennepin County of extra road right-of-way for C.S.A.H. 15. The loss of site depth on the eastern end of the property has created a hardship in providing parking, building and setback space. C. The location and type of adjacent land uses restrict our building location. The location of the Edgewater Apartments adjacent to our western boundary restricts our building location to the east- ern side of the site. If the building were located on the west side the 50 foot lake setback could be met, but the impact upon the Edgewater Apartments would be negative. D. The adjacent buildings are located within the 50 foot lake setback at approximately 10 and 25 foot distances from the O.H.W.The location of The Yacht Club building at the 50 foot setback is inconsistent with adjacent uses. It is a hardship for the Yacht Club building to meet the 50 foot setback rather than the existing average setback line established by the existing adjacent buildings. In a letter dated March 1, 1991 from the City Attorney, Ken Larson, he stated the Council is not bound by its past action and the developer must prove that there is some type of "undue hardship" and the applicant must show all three of the following elements: A. That the property cannot be put to a reasonable use under the terms of the zoning ordinance; B. The problem exists because of circumstances unique to the property and not created by the landowner; and C. The granting of a variance will not alter the essential character of the locality. To qualify for a variance, the applicant is not required to show that • it has no reasonable use for the property if the application is denied. It is sufficient for the applicant to demonstrate that its proposed use is "a reasonable use." 0 CITY OF SPRING PARK REGULAR MEETING - March 4, 1991 Page 3 The City Planner had presented an alternate parking plan for the proposal, because of the amount of common space in the building and a different interpretation of the ordinance regarding parking requirements. Putnam stated the valuation of the building is now 1.3 million. Motion by Weeks second by Thurk to approve the variance for a minimum of 37 feet from the lake. The Mayor asked if there were any other questions or comments. Weeks stated according to the Attorney's letter Council did have the right to grant the variance based on the facts and the projection of the building does add to the aesthetic value. Kraemer questioned if the property could not be put to reasonable use if the variance were not granted. Dick Putnam said no, they then would go back to the original plan, but that would create other problems, and they felt their present plan was much better, and it was larger because of aesthetics and the unique situation. Kraemer said the property was blank and the problem was caused by the developer, and the building was too large for the property, he also felt this would set a precedent. The Mayor suggested it be looked at from a different view point because of the two other buildings that are adjacent to the proposal, he also felt it would not set a precedent unless there would be a proposal that had the same situation. The Mayor requested an amendment to the motion that the value of the building be included in the motion, that it would not be less than 1.37 million, the maker and the second to the motion agreed. Upon roll call Rockvam, Weeks, Thurk and Dill voted aye. Kraemer voted no. Motion declared carried. The parking plan was then considered. The Mayor asked if the meeting room had been counted as leaseable space and considered in the amount of required spaces. Putnam replied it had been considered and they are providing 119 spaces, plus a space for a dumpster. Motion by Weeks to allow the alternate parking plan as stated by the Planner. This motion was withdrawn in discussion. Motion by Weeks second by Thurk to accept the alternate method for parking spaces as recommended by the Planner but to provide no less than 119 spaces. Rockvam, Weeks, Thurk and Dill voted aye. Kraemer was opposed. The motion was declared carried. Putnam stated the finance regulations leased and construction would begin in Council. b) Garbage Haulers Licenses were now to have the building 70% pre - about 45 to 75 days. He thanked the The following applications were in order for approval. 1. Blackowiak & Son 2. Westonka Sanitation 3. Woodlake Sanitary Service, Inc. 4. Randy's Sanitation, Inc. 5. Aagard Sanitation CITY OF SPRING PARK REGULAR MEETING - March 4, 1991 Page 4 • Motion by Weeks second by Kraemer to approve the Garbage Haulers Licenses. All votes were aye. Motion declared carried. c) Letter - Doug Babcock - 2/25/91 - Re: Deletion of Appendix C from the LMCD Management Plan In a letter dated February 25, 1991, Doug Babcock, Spring Park's representative on the LMCD, requested Council re -consider retaining Appendix C in the LMCD Long Term Management Plan. He stated if Appendix C is deleted the DNR will be forced to begin Shoreland Ordinance neg- otiation from the statewide ordinances, since no other ".model" for Lake Minnetonka would then exist. This would require all 14 cities to renegotiate the differences in Appendix C. The Mayor reported on a meeting he had attended on Jan. 22nd with the 8 Cities that are opposed to the plan and stated another meeting is planned and he felt the problems could be resolved. Babcock inquired about the Shoreland Grant Agreement and the Memorandum of Understanding. The Administrator stated they are being reviewed by the City Attorney. d) LMCD - Notice of Meeting - 3/6/91 - Noted e) Police Costs by Formula - 1991 The Administrator noted the contract costs had 3 different Administrative • and contract fees. The Mayor suggested Mark Bernhardson from Orono come to the next Police Commission meeting. f) LMCCC - Re: Cable Legislation In a letter dated February 21, 1991, Jennifer Watts, LMCCC Administrator was requesting support for legislative bills to favor local regulatory authority. Motion by Kraemer second by Weeks to send a letter to our Senator and elected officials. All votes were aye. Motion declared carried. g) Dance Application - Mack's Sports Bar & Grill - 4673 Shoreline Drive Mack's Sports Bar and Grill was seeking approval for a dance on Saturday, March 16, 1991. Motion by Weeks second by Kraemer to approve the dance for March 16th. All votes were aye. Motion declared carried. h) Insurance Proposal - American Agency Inc. An outline of coverages was presented to the Council. The representative, David Seppelt, pointed out he felt there were some mistakes in the pre- sent policy and he felt the sub -contractors should be excluded from the • policy and Spring Park was paying approximately 10,000 to 20,000 more CITY OF SPRING PARK REGULAR MEETING - March 4, 1991 Page 5 • than was necessary. Weeks asked if this could be considered by the Administrative Committee and a suggestion be brought back to the Council. This will be discussed at the meeting on March 18th. 6. ORDINANCES & RESOLUTIONS - There were none. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor The Mayor reported on a meeting with a prospective buyer for the Twin Birch complex. They are seeking 7 million in Housing Revenue Bonds. The bonds would be sold at a tax free rate. The Mayor explained the City would not be obligated in any way. They were requesting a meet- ing with the Council. The Mayor suggested a meeting be set on March 13th. This would be a normal Planning Commission meeting but due to the fact there is no business to discuss the meeting will be cancelled. Motion by Rockvam second by Kraemer to cancel the Planning Commission meeting and set the meeting for 2 hours on March 13th. All votes were aye. Motion declared carried. b) Council Kraemer Kraemer inquired about the flags being caught on the light poles. The Utility Superintendent will try an extension of the flag poles and will check with the other Cities to determine when the flags will come down. Weeks - No Report Thurk - No Report Dill - No Report c) Engineer 1. Letter - 2/26/91 - Re: Easements - Dakota Rail - Noted 2. Yacht Club - Sewer Easement - Letter - 2/27/91 - Noted d) Utility Superintendent - No Report e) Administrator 1. Building & Sign Report - February 1991 - Noted 2. Audit & Adjusted December Statement - Noted 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: • a) LMCD - Minutes - Jan. 23 & February 9th & 25th, 1991 b) Letter - City of Mound - 2/26/91 - Re: Proposed Fire Station Addition CITY OF SPRING PARK REGULAR MEETING - March 4, 1991 Page 6 1] c) LMC - Re: Opposition to Budget Cuts - State Aid to Cities d) AMM - Governors Budget Analysis 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Weeks second by Dill to adjourn the meeting at 9:35 p.m. All votes were aye. Motion declared carried. Administrator l erk Treasurer • E Pi • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT March 4, 1991 1. ATW Landscape - R, Schnabel 1423.30 2. American Linen Supply Co. 4.50 3. American National Bank 255.75 4. Awards, Inc. 215.40 5. Blackowiak & Son 24.38 6. Brook's Foods, Jnc. 49.25 7. Cellular One 10.33 8. Employee Benefit Administration 2982.00 9. G & K Services 44.40 10. Hennepin County (Workhouse) 2135.82 11. Keller, Gregory E., P. A. 1170.00 12. Metroquip, Inc. 459.80 13. Northern States Power Co. (Street Lights) 828.38 14. " " " 33.44 15. Orono, City of 128.00 16. Pitney Bowes, Inc. 50.25 17. Sterne Electric Co. 52.00 18. U. S. Postmaster 24.24 19. Edgewater Apartments (Easement) 500.00 10,391.24 • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA SPECIAL MEETING March 13, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. DISCUSSION ON HOUSING REVENUE BONDS • 5. MISCELLANEOUS 6. ADJOURNMENT This meeting was cancelled • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA SPECIAL MEETING COUNCIL & PLANNING COMMISSION March 11, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL Council: Planning Commission: 3. ADOPT AGENDA 4. REVIEW COMPREHENSIVE PLAN DEVELOPMENT FRAMEWORK - Dated February 1991 • 5. GENERAL DISCUSSION Possible Changes/Suggestions 6. MISCELLANEOUS 7. ADJOURNMENT • CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES SPECIAL MEETING COUNCIL & PLANNING COMMISSION March 11, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Council - Rockvam, Weeks, Thurk and Dill were present. Kraemer was excused. Planning Commission - Shavlik, Cherry and Olson were present. Van Beek, Klohn and Dietz were absent. Rosen was excused. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. • The Mayor presented awards of appreciation to Sheldon Meyers and Steve Erickson in recognition for years of outstanding public service on the Planning Commission. Meyers had been on the Planning Commission thru the years of 1985 to 1990 and Erickson had been on the Commission from 1986 to 1990. 4. REVIEW COMPREHENSIVE PLAN DEVELOPMENT FRAMEWORK - Dated February 1991 Alan Brixius the City Planner from Northwest Associated Consultants, Inc. was present. Brixius explained at the last meeting on January 28th, land uses and natural resources had been discussed and he had been asked to make the following changes: Page 9 - Delete LMCD from objective number 7 Page 12 - Paragraph 5 - Delete LMCD from Shoreland Ordinance reference Page 23 - Policy 10 - Add reference to medium density residential dev- velopment and delete reference to compliance with a minimum unit size Page 25 - Policy 12 - Reference cooperation in implementing the Westonka Chamber of Commerce Streetscape Plan for County Road 15 Page 29 - Paragraph 4 - Change density range for medium density residen- tial to (5 to 12 units per acre) Paragraph 5 - Delete a miniumum lot size per unit reference and outline design parameters for determining density 40 CITY OF SPRING PARK SPECIAL MEETING - March 11, 1991 Page 2 • Page 30 - Paragraph 1 - Change high density to (13+ units per acre) Page 31 - Paragraph 2 - Item 3 was revised by deleting reference to dwelling unit size restrictions Page 32 - Paragraph 3 was added to address future potential parking shortages for Lord Fletcher's Page 33 - Paragraph 3 - Delete reference to exterior wall construction treatment Page 34 - Change all references of industrial to manufacturing The changes have now been done and the latest book of the Development Framework of the Comprehensive Plan dated February 1991 had been re- viewed by the Council and Planning Commission. 5. GENERAL DISCUSSION The Planner asked if Spring Park still wanted to consider tandem lots, as this should be addressed in the Comprehsive Plan . The Mayor suggest- ed tandem lot discussion should be put on the next agenda for full Council discussion. Brixius stated it would be in the best interest of Spring Park if the City would investigate Dakota Railway's future intention for the rail line, if they should ever consider abandoning or selling the right-of- way, the City should consider using it as future right-of-way, trails, • more efficient snow plowing, better access for emergency vehicles, or any other development needs. In the section devoted to Community Facilities, Lake Use, the Mayor suggest- ed.the Hennepin County launching ramp be addressed in the plan because of the congestion in the area, he suggested some volunteer help be considered to monitor traffic. The Mayor also suggested the plan address a possible merger of the school districts. The Mayor stated the Westonka Chamber of Commerce Beautification Plan be implemented along County Road 15, and also any new development that would occur could be asked to comply with the Beautification Plan. The Mayor asked Shavlik (who works with the Chamber) if it would be possible to give residents an incentive to participate in the Plan. Council suggested on Page 72 of the Comprehensive Plan (Subdivision/Site Plan Review) a number 8 be included - "Landscape Plan". In our present plan manufacturing currently allows progressive zoning. Council suggested all other uses be deleted from manufacturing but to incorporate the uses that are now there. Brixius explained the next process would be to schedule a public hearing to discuss the Comprehensive Plan and then Council could consider the recommendation of the Planning Commission before the Plan goes to the • Met Council for approval. CITY OF SPRING PARK SPECIAL MEETING - March 11, 1991 Page 3 Motion by Thurk second by Weeks to instruct the Planner to co-ordinate with the Administrator any necessary adjustments in the Plan. All votes were aye. Motion declared carried. It was determined a public hearing will be held on April 10, 1991 with the Planning Commission, the Commissioners will forward a recommendation for Council to consider on the April 15th meeting. 6. MISCELLANEOUS Tad Jude, Hennepin County Commissioner was present. He thanked the Council for adopting Resolution 91-07 which was supporting Hennepin County's pro- posal for reform of the Fiscal Disparities Program. The Administrator stated the paper work the County is requiring for the recycling program is becoming burdensome. Jude stated he would look into it. The Mayor thanked Jude for attending the meeting. Meeting Scheduled for March 13, 1991 The Mayor stated the meeting planned for Wednesday, March 13th with the people from North Ridge Nursing Home, that are considering buying the Twin Birch complex would be cancelled because they are considering another appraisal. They had requested Council consider Housing Revenue Bonds. Grant Agreement The DNR was requesting the Council adopt the Shoreland Management Implemen- tation Process and Grant Agreement for Lake Minnetonka Communities. Motion by Rockvam second by Weeks to instruct the Administrator to send a letter to the DNR, addressed to John Stine and Ed Fick that it go on record that Spring Park would like to make application for the grant money thru the DNR and we would like to reserve the right to participate with the Technical Review Committee at a later date. The Mayor stated he would like to see some of the wording in the Grant Agreement changed. Brixius stated if Spring Park has an approved Comprehensive Plan it would be an advantage for the City. All votes were aye. Motion declared carried. The Mayor reported fish houses are being stored behind the Soda Fountain and he asked if this was something we wanted to allow. A letter dated March 4, 1991 from Governor Carlson concerning the budget was noted. The Administrator stated the City's insurance is due March 16th. A new proposal for insurance was received and is being reviewed. The Administator was seeking authorization to pay the present policy. r� L • CITY OF SPRING PARK SPECIAL MEETING - March 11, 1991 Page 4 Motion by Weeks second by Thurk to authorize the Administrator to pay the present insurance policy for one year. All votes were aye. Motion declared carried. 7. ADJOURNMENT Motion by Weeks second by Thurk to adjourn the meeting at 8:47 p.m. All votes were aye. Motion declared carried. Secretary 74TZI�1� • Administrator Clerk/Treasurer u • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING & PUBLIC HEARING March 18, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES a) March 4, 1991 b) March 11, 1991 OPEN PUBLIC HEARING - CDBG - Year XVII (1991) - Hennepin County Community Development Block Grant Program - $10,083.00 a) We Can b) Westonka Senior Center/Outreach c) Westonka Intervention d) Comprehensive Plan Update CLOSE PUBLIC HEARING OPEN REGULAR MEETING 5. PETITIONS, REQUESTS & APPLICATIONS a) Letter - Ken Larson - 2/27/91 - Re: Shoreland Grant Agreement b) DNR - Letter - 3/5/91 - Re: DNR Operating Procedures for Implementation of Shoreland Management Land Use Controls for Lake Minnetonka c) Letter to the DNR from the City of Spring Park - 3/13/91 d) Tandem Lot Splits e) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Resolution 91-11 - CDBG Allocation for Year XVII 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - 3/7/91 2. Police Commission - 3/12/91 b) Council Kraemer Weeks Thurk Dill c) Engineer d) Utility Superintendent e) Administrator 1. City Insurance 2. State of Minnesota - Letter 3/8/91 - Re: State Aid to Cities 3. April Calendar 4. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS CITY OF SPRING PARK REGULAR MEETING & PUBLIC HEARING - March 18, 1991 Page 2 10. NEW BUSINESS & COMMUNICATIONS a) West Suburban Mediation Center - Letter 3/4/91 b) LMC - 1991 Legislative Conference 11. MISCELLANEOUS 12. ADJOURNMENT 0 • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES REGULAR MEETING & PUBLIC HEARING March 18, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Weeks second by Kraemer to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES a) March 4, 1991 • Motion by Thurk second by Weeks to approve the minutes of March 4, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. b) March 11, 1991 Motion by Dill second by Kraemer to approve the minutes of March 11, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. OPEN PUBLIC HEARING - CDBG - Year XVII (1991) - Hennepin County Community Development Block Grant Program - $10,083.00 The public hearing was opened at 7:32 p.m. by Mayor Rockvam, with the roll call remaining the same. The following notice of the Public Hearing had been published in The Laker Newspaper: NOTICE OF PUBLIC HEARING YEAR XVII (1991) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM NOTICE is hereby given that the CITY OF SPRING PARK in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Devel- opment Act of 1974, as amended, is holding a public hearing on MONDAY, MARCH 18, 1991, at 7:30 P.M. in the Spring Park City Hall, 4349 Warren • Avenue, Spring Park, MN 55384. CITY OF SPRING PARK REGULAR MEETING & PUBLIC HEARING - March 18, 1991 Page 2 The public hearing is on the housing and community development needs of the City and Urban Hennepin County, the Urban Hennepin County Community Development Block Grant Program Statement of Objectives, and the proposed use of the Year XVII Urban Hennepin County Community Development Block Grant Program planning allocation of $10,083 by the City. The statement of objectives consists of seven program areas, basically: (1) ADMINISTRATION, to maximize program benefit and effectively administer program funds; (2) HOUSING, to rehabilitate and assist in the development of housing which is affordable to low- and moderate -income households; (3) NEIGHBORHOOD REVITALIZATION, to maintain and preserve viable heighbor- hoods through concentrated community development activities; (4) PUBLIC FACILITIES, to improve existing and assist in the development of new public facilities which benefit low- and moderate- income persons; (5) ECONOMIC DEVELOPMENT, to provide financial assistance to businesses which will provide or retain employment to the benefit of low- and moderate -in- come persons; (6) PUBLIC SERVICES, to expand and improve the quantity and quality of public services available to low- and moderate -income persons; and (7) REMOVAL OF ARCHITECTURAL BARRIERS, to remove material and architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons. THE CITY OF SPRING PARK is proposing to undertake the following activities with Year XVII Urban Hennepin County CDBG funds starting about July 1, 1991. ACTIVITY BUDGET • Westonka Senior Center/Outreach 46�7 .— Westonka Intervention 1000. Westonka Community Action Network (WeCan) 1000. Comprehensive Plan Update 3407. 10083 For additional information on the proposed activities, level of funding, program objectives and performance, contact the City of Spring Park or Hennepin County Office of Planning and Development at 348-6418. The public hearing is being held pursuant of MS 471.59 a) We Can Margaret Holste, President of the Board of Directors of We Can, was present to represent We Can. She was requesting 1,200.00 of the CDBG Year XVII fund allocations. She stated they had also received $25,000. assistance through the McKnight Grant. Their services included meals on wheels, the Pennywise Shop, the Westonka Food Shelf, they provided heat, medical and crisis assistance and other critical services. She stated their largest expenditure was housing. They provided heat and crisis assistance to 13 households in Spring Park in the last year. b) Westonka Intervention Dan Hessburg was present to represent the Westonka Intervention Program. They were requesting $1,000.00. Hessburg stated the program began in 1984 and they work through the local Police Departments from Spring Park, Minnetrista, St. Bonifacious, Orono and Long Lake. The program objective is to increase community awareness of the problems of dom- • estic violence, to provide victims with access to support and CITY OF SPRING PARK REGULAR MEETING & PUBLIC HEARING - March 18, 1991 • Page 3 decrease numbers of repeated domestic violence. They have a group of 18, one paid and 17 volunteers to go to the victim, they offer shelter and transportation. Their budget for the year is $11,500.00. 57 persons were helped in the area last year and they look to the Cities for support. c) Westonka Senior Center/Outreach Dottie O'Brien was present to represent the Senior Center. They were requesting $3,495 for the Senior Center and $1,181 for the Senior Out/ reach Program, a total of $4,676.00, this is 5% more than last year. They provide meals for the elderly, health screenings, income tax assistance and energy assistance. Sue Wilkens was present, she stated she was the co-ordinator for rides provided and 20% of the riders were from the Spring Park area. Bev Abbott spoke about the Outreach Program and stated they go to the frail and elderly and provide them with information and resources available to prevent them from going into a nursing home. The Out- reach Program began in 1979. 56 Spring Park residents were helped in 1990. 58% of Spring Park's population is over 80 years of age, and 60°% live alone. The Mayor thanked everyone for attending the meeting. CLOSE PUBLIC HEARING isMotion by Kraemer second by Weeks to adjourn the public hearing at 7:55 p.m. All votes were aye. Motion declared carried. OPEN REGULAR MEETING The regular meeting was opened at 7:56 p.m. The roll call remaining the same. It was noted the $3407.00 or the balance would be allocated to the Comprehensive Plan Update. The Mayor requested the persons seeking CDBG funds submit their request as soon as possible next year. The agenda was moved to Resolution 91-11. Resolution 91-11 - Allocating Urban Hennepin County Community Development Block Grant Funds - Year XVII (1991) Motion by Kraemer second by Weeks to adopt Resolution 91-11. Allocating the following: Westonka Senior Center/Outreach $4676.00 Westonka Intervention $1000.00 Westonka Community Action Network $1000.00 (WeCan) Comprehensive Plan Update $3407.00 Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. • Motion declared carried. CITY OF SPRING PARK REGULAR MEETING & PUBLIC HEARING - March 18, 1991 • Page 4 5. PETITIONS, REQUESTS & APPLICATIONS a) Letter - Ken Larson - 2/27/91 - Re: Shoreland Grant Agreement The letter was noted and the Mayor stated the agreement is now being changed. b) DNR - Letter - 3/5/91 - Re: DNR Operating Procedures for Implementation of Shoreland Management Land Use Controls for Lake Minnetonka The letter was noted. c) Letter to the DNR from the City of Spring Park - 3/13/91 A letter from Spring Park had been sent to John Stine from the DNR informing him of the City of Spring Park's intention is to apply for Grant Assistance through the DNR for expenses associated with the Shoreland Ordinance adoption and the City would like to reserve the right to participate with the Technical Review Committee at a later date. The Mayor reported the dead line had been extended for the Grant Assistance. d) Tandem Lot Splits • Alan Brixius, the City Planner had asked the Council if they wanted to continue allowing tandem lot splits. At present the Ordinance states - "Adequate access for both pedestrian and vehicles has to be provided for each dwelling so that residents, visitors and emergency vehicles can reach each dwelling with ease. In no event shall the minimum access provided be less than 15 feet in width." The Admin- istrator asked does the 15 feet constitute access to a public road? In discussion it was determined maybe this would be worked out in the Shoreland Ordinance. Motion by Kraemer second by Weeks to place a Moratorium on tandem lot splits and subdivisions for six months or until the Shoreland Ordinance is finalized, not to effect any lot splits that are currently in place. All votes were aye. Motion declared carried unanimously. The Mayor requested tandem lot splits and subdivisions be put on the Pending Project List. Weeks inquired if a survey could be done to determine the amount of lots that have 20,000 square feet that could possibly be divided. e) Miscellaneous A letter dated 1/13/91 from Gen Olson, Senator of the 43rd District was received. She was requesting Council adopt a Resolution request- ing all members of the Suburban Hennepin Regional Park District be a all -elected seven -member board. Currently, the Hennepin Parks Board of Commissioners is a seven -member board with five Commissioners elected and two Commissioners appointed by the Hennepin County Board. CITY OF SPRING PARK REGULAR MEETING & PUBLIC HEARING - March 18, 1991 • Page 5 Resolution 91-12 - Municipal Support for Suburban Hennepin Parks Legislation Motion by Rockvam second by Kraemer to adopt Resolution 91-12. All votes were aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor The Mayor reported David Licht, from Northwest Associated Consultants, Inc. has been asked to re -write the LMCD Plan and return it for review. He also reported the DNR will chair the technical Review Committee for comment only and neighboring Cities, on either side, will have the right to comment on issues. 1. Administrative Committee - 3/7/91 It was noted payment charges for sewer/water availability is due from Bayview Condominiums on March 18th. Ken Larson reviewed the status of the sale of Twin Birch. 2. Police Commission - 3/12/91 The Police Chief presented criteria for selection of a new chief. • Possible assistance with the Hennepin County Launching Ramp maybe considered from the DOT. Contracts for the "Contract Cities" are still being discussed. b) Council Kraemer Weeks - No Reports Thurk Dill c) Engineer Ken Adolf will prepare a presentation for the next meeting on road and drainage improvements for Lafayette Lane and Kings Road. The Mayor requested each cost be kept separate, but a total be given for the entire project, then it will be determined if a public hearing will be necessary. Adolf stated curbing was proposed for the project to control water run-off. The Mayor requested the balance of road aid be checked. Council also requested the Engineer contact Hennepin County to deter- mine their plan for the catch basin that they were going to install by Channel Road. d) Utility Superintendent Goman stated the neighboring Cities have determined the flags will be removed when the peace treaty is signed. Council agreed. Goman also stated he is working on extensions for the flag poles. CITY OF SPRING PARK REGULAR MEETING & PUBLIC HEARING - March 18, 1991 • Page 6 e) Administrator 1. City Insurance The Administrator reported an error has been found in the insurance, and North Star admitted the error was due to an inadequate applica- tion furnished by them. The Administrator stated North Star evaluates the premium not the agent. North Star has asked the premium not be paid until a letter is received from them. 2. State of Minnesota - Letter - 3/8/91 - Re: State Aid to Cities - Noted 3. April Calendar - Noted 8. CLAIMS FOR PAYMENT It was noted in the Summary of billing from Head, Hemple, Seifert and Vander Weide a charge for the City of Spring Park VS Quello. Council requested the Administrator inquire about the charge. Motion by Weeks second by Kraemer to approve the claims for payment including the February payroll. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. • 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) West Suburban Mediation Center - Letter 3/4/91 b) LMC -1991 Legislative Conference 11. MISCELLANEOUS The Administrator had given the Council a Progressive Zoning Ordinance Revision prepared by the Planner in June of 1989. This item had been tabled until the Comprehensive Plan was being worked on. It was noted a public hearing would be required if a "M-2" - Manufacturing Transitional District were to be created, and also to put the Balboa building in conformance. The Mayor suggested the Planner be reminded of the report. 12. ADJOURNMENT Motion by Kraemer second by Thurk to adjourn the meeting at 9:30 p.m. All votes were aye. Motion declared carried. Secretary Administrator/Clerk/Treasurer • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT March 18, 1991 1. ARA/Cory Refreshment Services, Inc. 37.75 2. AT&T Credit Corp. 93.47 3. ATW Landscape - R. Schnabel 851.25 4. Brook's Foods, Inc. 24.50 5. CEI 18.30 6. Copy -Mate, Inc. 82.00 7. Froehling, Anderson, Plowman & Egnell, Ltd. 11,698.70 8. Head, Hempel, Seifert & Vander Weide 5636.10 9. Hennepin County Treas. (Tax Book) 19.77 10. Ingman Laboratories, Inc. 7.00 11. Knutson Services, Inc. 398.75 12. The Laker 8.00 13. Lowell's Automotive 45.05 14. Metro Waste Control Comm. 8266.00 15. Minnegasco 408.28 16. Mound Coast to Coast 24.54 17. Navarre Hardware 61.78 • 18. 19. NEBS, Inc. Northern States Power Co. 241.01 1036.77 20. NW Associated Consultants, Inc. 400.00 21. Orono, City of (Bldg. Insp.) 377.25 22. Osmonson, Patricia 83.79 23. Rockvam, Jerome P. 9.98 24. SOS Printing, Inc. 64.10 25. Schoell & Madson, Inc. 1158.90 26. U. S. WEst Communications 115.72 31,168.76 February Payroll: 2/15 D. Osmonson 56.00 PERA 339.49 2/28 D. J. Goman 84.00 D. Osmonson 56.00 PERA 320.38 Marq. Bank 2030.38 Physicians Health 827.00 Comm. Life Ins. 22.65 3735.90 u CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING April 1, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - March 18, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Survey on Possible Tandem Lot Splits b) Spring & Fall Clean Up - Set Date c) Planning Report - 3/27/91 - Progressive Zoning d) Miscellaneous 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Council Kraemer Weeks Thurk • Dill Di Dill c) Engineer 1. Drainage Improvements - Lafayette Lane & Kings Road 2. Letter - Schoell & Madson 3/22/91 - Re: Services d) Utility Superintendent 1. Minnesota Department of Health - Re: Water Survey - 11/8/90 e) Administrator 1. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Letter - Ken Larson - 3/26/91 - Re: Bayview Condominiums b) AMM - 3/22/91 - Re: Annual Meeting c) We Can - 3/27/91 - Re: Budget & Thank You d) Metropolitan Council - Notice of Public Hearing e) Letter - City of Mound - 3/20/91 - Re: LMCD Meeting f) LMCD Minutes - Feb. 27, March 9, 18 & Information g) Met Council - Copied from Star Tribune h) Hennepin County Fair - 3/18/91 i) Minnesota Board of Water & Soil Resources j) Revised 1991 Comprehensive Plan k) City of Spring Park 1990 Home Sales 11. MISCELLANEOUS . 12. ADJOURNMENT • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING April 1, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Kraemer second by Weeks to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - March 18, 1991 Motion by Weeks second by Kraemer to approve the minutes of March 18, 1991. Upon • roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Survey on Possible Tandem Lot Splits A moratorium had been placed on tandem and lot splits for six months at the last meeting. Weeks had requested a survey of possible lot splits. Maps were given to the Council indicating lots that have 20,000 or more square feet that could possibly be divided. There are approximately 18 lots in the City that could be split. Under the new DNR regulations 15,000 square feet may be required. The Mayor stated when the Shoreland Ordinance is completed the problem may be resolved, he suggested lot splits be put on the Pending Project List. b) Spring & Fall Clean Up - Set Date Requests for quotes have been sent out for the Spring and Fall Clean Up, and will be ready for discussion at the next meeting. Tires will be picked up but they will not be included in the flyer. Motion by Kraemer second by Weeks to set May 20th for the Spring pick up date. All votes were aye. Motion declared carried. • CITY OF SPRING PARK REGULAR MEETING - April 1, 1991 Page 2 c) Planning Report - 3/27/91 - Progressive Zoning Alan Brixius, from Northwest Associated Consultants, Inc. had prepared a revised Progressive Zoning Ordinance report, dated March 27, 1991. He strongly recommended consideration of the proposed changes. The Planning Commission had held a public hearing on April 14, 1989 on the Progressive Zoning. The Administrator stated she was unable to contact the Planner as she questioned if another public hearing would be re- quired. In discussion of the Planner's report Council had some quest- ions and requested the Planner come to the next meeting on April 15th. 6. ORDINANCES & RESOLUTIONS - None 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor The Mayor reported on a meeting with the LMCD and 8 Cities on March 27th. He stated Northwest Consultants had prepared a new draft of the LMCD Long Term Management Plan and there will be another meeting at Wayzata on April 10th at 7:00 p.m. The Mayor also reported there will be a new draft of the Shoreland Grant Agreement. • b) Council Kraemer Kraemer inquired about the missing reported two of the flags had been another near the Soda Fountain. Weeks - No Report Thurk flags. The Utility Superintendent stolen, one by the Post Office and Thurk asked about the barrels being stored at Goods Inc. The Adminis- trator stated they are hauled away after they have accumulated a pile of them. Council requested contact with them to determine if they would consider some type of screening. Dill - No Report d) Utility Superintendent The Utility Superintendent reported quotes had been sent out for street sweeping and he was recommending Clean Sweep. Sweeping will be approxi- mately April 20th or the last week in April. Goman reported the side- walks had been swept today. He also reported the Mound Fire Department has taken responsibility for repairing the fence that was taken down at • the Seton Channel. The fence had been removed for rescue workers when snowmobiles had gone thru the ice. n U CITY OF SPRING PARK REGULAR MEETING - April 1, 1991 Page 3 A letter was received from the Minnesota Department of Health regarding a report on the water supply. This survey was done November 8, 1990. There were four recommendations from Bassam Banat, the public health engineer, these were: 1. All containers holding hydrofluosilicic acid should be sealed as airtight as possible and vented to the outside atmosphere to min- imize the effects of the acid fumes. 2. An overlapped cover should be installed at the opening of the reclaim tank. 3. The opportunity for additional training in water supply work should be made available to the operator(s). Attendance at the annual waterworks operators seminar, held in the area, is a valuable ex- perience for anyone engaged in this field. 4. A free chorine residual of at least 0.2 to 0.5 milligrams per liter should be maintained on all points of the distribution system. e) Administrator The Administrator reported Head, Hempel, Seifert & Vander Weide had made a mistake in billing. The claim for payment should have been towards the railroad instead of Quello. • A check for $1,000.00 had been received from Bayview Condominiums for sewer/water availability. $7,000.00 was due March 18th, because they are in default of their agreement the Administrator was asking if the Council would accept the $1,000.00 payment towards the balance. Mr. Meyers from Bayview has stated he will remit $1,000.00 a month. The City Attorney stated the amount could be accepted without harm to the contract. Motion by Rockvam second by Kraemer to have Ken Larson, the City Attorney send a letter acknowlegding the receipt of the $1,000.00 and ask them to consider remedies for the rest of the contract. Full payment of $57,254.13 will be due March 18th, 1996. The Mayor inquired about Mack's Liquor Store (Marina Wine & Spirits). The store is closed due to remodeling and re -stocking and is still under the license of P.M. Pizza. c) Engineer The Engineer presented a cost update with drainage improvements and street improvements for Lafayette Lane and Kings Road, total costs would be estimated at $79,550.00. Schoell & Madson are recommending concrete curb and gutter as part of the street construction. The street would be 25 feet wide and would have a "T" turn around. The Engineer stated the fire hydrant would have to be moved and some ease- ments may have to be obtained on the north side. Mr. Sorsensen, CJ • 0 CITY OF SPRING PARK REGULAR MEETING - April 1, 1991 Page 4 4437 Lafayette Lane was present, he stated the road should have two exists, at present it is a dead-end street, he also inquired about the costs and the type of construction that would be used for the curb and gutter. Council discussed assessments and easements. The Mayor requested the Engineer determine the amount of easements needed and have a break down of costs for the next meeting, the Mayor explained he would like a feasibility study for street improvements, broken down to determine accurate costs on each item. A public hearing was considered for May 15th. A letter dated October 3, 1990 from Hennepin County Department of Public Works stated the County would pay for the proposed storm sewer basin at Channel Road and CSAH 125, estimated costs of $9,421.50. The Engineer stated this could be done in conjunction with another project. A letter dated 3/22/91 was noted from Schoell& Madson, Inc., stating a variety of services available. 8. CLAIMS FOR PAYMENT Motion by Kraemer second by Weeks to approve the claims for payment in- cluding the March payroll. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS The Mayor suggested contact with Scott Anderson at Durenburger's office to seek help with the purchase of the Ortenblad complex because it is moving so slow. 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Letter - Ken Larson - 3/26/91 - Re: Bayview Condominiums b) AMM - 3/22/91 - Re: Annual Meeting c) We Can - 3/27/91 - Re: Budget and Thank You d) Metropolitan Council - Notice of Public Hearing e) Letter - City of Mound-3/20/91 - Re: LMCD Meeting f) LMCD Minutes - Feb. 27, March 9, 18th & Information g) Met Council - Copied from Star Tribune h) Hennepin County Fair - 3/18/91 i) Minnesota Board of Water & Soil Resources j) Revised 1991 Comprehensive Plan k) City of Spring Park Home Sales - 1990 1) Letter - City of Orono - 3/29/91 - Re: Interchange of Ideas m) Hennepin County Commissioners - 3/25/91 - Re: Recycling • CITY OF SPRING PARK REGULAR MEETING - April 1, 1991 Page 5 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Kraemer second by Thurk to adjourn the meeting at 9:35 p.m. All votes were aye. Motion declared carried. Secretary • Administrator/Clerk/Treasurer 0 CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT April 1, 1991 1. Cellular One 8.63 2. DPC Industries, Inc. 35.90 3. Government Training Service 30.00 4. Hennepin County (Workhouse) 909.84 5. 11 11(Tax Increment Admin.) 294.89 6. Keller, Gregory E., P. A. 1170.00 7. Knutson Services, Inc. 398.75 8. The Laker 73.98 9. State of Minnesota - Sales Tax 299.59 10. 11 11Sur Charge 36.79 11. Mound, City of (Fire Contract) 8792.25 12. Northern States Power Co. Street Lights 776.42 13. Orono, City of - Police Contract 69,706.50 Police Dance 144.00 69,850.50 14. Suburban Rate Authority 187.50 • March Payroll: 3/15 D. Osmonson 56.00 PERA 318.77 3/31 D. Osmonson 56.00 PERA 315.02 Marq. Bank 1957.52 Physicians Health 827.00 Comm. Life Ins. 22.65 3552.96 C� J 82,865.04 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA BOARD OF REVIEW April 8, 1991 7:30 p.m. - City Hall The following notice was published in THE LAKER NEWSPAPER on March 15, 1991, and posted at the Post Office and the City Hall: ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, that the Board of Review of the City of Spring Park in Hennepin County, MN will meet at the office of the City Clerk, in said City Hall, 4349 Warren Ave. at 7:30 p.m. on Mon- day, the eighth (8) day of April, 1991, for the purpose of reviewing and correcting the assessment of said City of Spring Park for the year 1991. All persons considering themselves aggrieved by said assess- ment or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting and show cause for having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. HEAR APPEALS 5. MISCELLANEOUS 6. ADJOURNMENT 0 11 BOARD OF REVIEW - April 8, 1991 PLEASE SIGN IN NAME • m m ADDRESS CITY OF SPRING PARK • SPRING PARK, MINNESOTA AGENDA BOARD OF REVIEW April 8, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk and Dill were present. Kraemer was excused. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. HEAR APPEALS The City Clerk read the assessment notice. The notice was published in the Laker Newspaper on March 25, 1991 and was posted at the Post Office • and the City Hall. ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, that the Board of Review of the City of Spring Park in Hennepin County, MN will meet at the office of the City Clerk, in said City Hall, 4349 Warren Ave. at 7:30 p.m. on Mon- day, the eighth (8) day of April, 1991, for the purpose of reviewing and correcting the assessment of said City of Spring Park for the year 1991. All persons considering themselves aggrieved by said assess- ment or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting and show cause for having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. James Ingemunson, Senior Appraiser from Hennepin County was present. No letters or telephone calls were received at the City Office. The following persons were present and requested their valuations be lowered. The property will be reviewed by the Assessor and a recommend- ation will be brought back to the Adjourned Board of Review. is CITY OF SPRING PARK BOARD OF REVIEW - April 8, 1991 Page 2 Glenn and Elaine Morgan - 2494 Black Lake Road. - PID - 19-117-23-12-0023. Assessed market valuation - 1992 - $133,400 Land - $102,000 - Building - $31,400 Last years market valuation was $131,600 Land - $102,000 - Building - $29,600 It was noted the property is residential homestead lakeshore. The Assessor stated Black Lake Road area is scheduled for review in 1992, but he will review the property. David Hoogenakker - 4492 West Arm Road. - PID - 18-117-23-34-0068. Assessed market valuation - 1992 $115,300. 1992 - Land $39,000 - Building $76,300 1991 - Land $35,000 - Building $76,100 Mr. Hoogenakker stated the house is 120 years old, not on the Lakeshore, the basement wall is falling in and the highest a real estate appraiser had estimated it as $114,000. The Assessor stated he had received notice from the following persons asking for a review: Thomas Cogan - 2473 Black Lake Road - PID - 19-117-23-12-0025. It was noted the purchase price in April 1990 was $132,167. 115 feet of lakeshore. Is Dale Rossing - 3800 Sunset Drive - PID - 17-117-23-32-009. This property was in a deteriorated state, it has been recently purchased for $40,000 and is being remodeled. The property has been reviewed and reduced from $80,000 to $46,000. Maynard Johnson - 3950 Sunset Drive - PID - 17-117-23-32-0027. The property was reviewed but the Assessor's recommendation was not to lower it. It was noted this is rental property. The Assessor stated the Bayview Condominiums had been adjusted downward, they will be adjusted to reflect apartment values rather than condo values. No other persons came to appear before the Board. Motion by Weeks second by Thurk to set April 15th, 1991 at 7:30 p.m. for an adjourned meeting for the Board of Review. All votes were aye. Motion declared carried. The Mayor noted the schools are receiving the largest portion of the tax dollar. The Assessor stated there is a form available for senior citizens to file for a rebate on property taxes. • CITY OF SPRING PARK • BOARD OF REVEIW - April 8, 1991 Page 3 5. MISCELLANEOUS A letter from the LMCD dated April 2, 1991, regarding the Long Term Management Program Review Progress was noted. 6. ADJOURNMENT Motion by Thurk second by Dill to adjourn the meeting at 8:07 p.m. All votes were aye. Motion declared carried. Secretary ADMINISTRATOR/-CLERK/TREASURER CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA ADJOURNED BOARD OF REVIEW & REGULAR MEETING April 15, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - April 1, 1991 & April 8, 1991 CONVENE ADJOURNED BOARD OF REVIEW 1. Assessor's Report 2. Council Determinations ADJOURN BOARD OF REVIEW FOR 1991 REOPEN REGULAR MEETING 5. PETITIONS, REQUESTS & APPLICATIONS a) Quotes on Spring Clean Up (Award Bid) b) Patrick O'Flanagan - Appeal for modification of Ordinance Without Variance Procedure c) Adopt Comprehensive Plan Update - Alan Brixius d) Review Planning Commission Recommendations • e) Discuss Progressive Zoning Amendment with Planner f) Miscellaneous 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - April 4, 1991 2. Police Commission - April 9, 1991 b) Council Kraemer Weeks Thurk Dill c) Engineer - Feasibility Study Update - Lafayette Lane & Kings Road d) Utility Superintendent e) Administrator 1. May Calendar 2. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS flMetropolitan Council - 4/5/91 - Re: Fiscal Disparities Letter - Steve Smith - 4/2/91 - Re: Municipal Support for Henn. Parks Legislation c) MWCC - 4/5/91 - Re: 1990 Final Cost Allocation • d) Henn. County Commissioners - 4/5/91 - Re: Recycling, Transfer Station e) LMCD - News Release - 4/8/91 f) City of Mound - Open House - 4/21/91 g) On The Lake - 1991 Spring Publication 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES ADJOURNED BOARD OF REVIEW & REGULAR MEETING April 15, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Weeks second by Kraemer to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES a) April 1, 1991 Motion by Kraemer second by Dill to approve the minutes of April 1, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. b) April 8, 1991 Motion by Weeks second by Thurk to approve the minutes of April 8, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. CONVENE ADJOURNED BOARD OF REVIEW The roll call remained the same as above. 1. Assessor's Report 2. Council's Determinations James Ingemunson, Senior Appraiser from Hennepin County was present. A letter from Hennepin County dated April 15, 1991 listed the appraisal recommendations. Two residents requested a review of their property. Glenn and Elaine Morgan - 2492 Black Lake Road were present. . PID - 19-117-23-12-0023. The Morgans stated their property is located on a congested dead-end street and the approach to the property is not • CITY OF SPRING PARK ADJOURNED BOARD OF REVIEW & REGULAR MEETING - April 15, 1991 Page 2 that great. The house was a double garage, remodeled, and a couple of rooms had been added. The Assessor had recommended no change. Estimated market value $133,400. The land had remained at the same value but the building value had changed. Last years estimated mar- ket value was $131,600. Motion by Rockvam second by Kraemer to leave at last years evaluation of $131,600 instead of $133,400. All votes were aye. Motion declared carried unanimously. David Hoogenakker - 4492 West Arm Road - PID - 18-117-23-34-0068. Estimated 1991 market value $115,300. The Assessor's recommendation was to reduce to $107,000. Mr. Hoogenakker stated there is a small easement to the lake. Motion by Weeks second by Dill to accept the recommendation based on the Assessor's reviewed appraisal, to reduce to $107,000. All votes were aye. Motion declared carried unanimously. Randy Zedlik - 4349 -4355 Shoreline Drive. Mr. Zedlik had contacted the Assessor today. The Assessor stated a brief review had been done and the recommendation will be referred to the County Board. • There were no other persons requesting a review. Motion by Thurk second by Weeks to adjourn the Board of Review for 1991. All votes were aye. Motion declared carried. REOPEN REGULAR MEETING The regular meeting was opened at 7:40 p.m. with the roll call remaining the same. 5. PETITIONS, REQUESTS & APPLICATIONS a) Quotes on Spring Clean Up (Award Bid) Four quotes had been requested for the Spring and Fall City -Wide Trash/Yard Pick Up. One quote was returned, Westonka Sanitation, John Zuccaro. The amount was $2700.00 for each pick up and extras such as major appliances, tires, mattresses, couches or large items will be additional. It was noted this is a $100.00 increase per pick up. Motion by Weeks second by Kraemer to approve the quote from Westonka Sanitation for the Spring and Fall Pick Up - May 20th and October 21st. All votes were aye. Motion declared carried. CITY OF SPRING PARK ADJOURNED BOARD OF REVIEW & REGULAR MEETING - April 15, 1991 Page 3 • b) Patrick O'Flanagan - Appeal for modification of Ordinance without Variance Procedure Mr. O'Flanagan had originally proposed a three story office building at 4388 Shoreline Drive with an off -site parking lot at 4381/87/89 Pattee's Lane. On May 7, 1990 Council rezoned the property from R-2 to C-1 on Pattee's Lane for the proposed parking lot with stipu- lations. Mr. O'Flanagan agreed to the stipulations. Council had been given a letter dated March 15, 1991 to Mr. O'Flanagan from the Administrator regarding his request. Mr. O'Flanagan was present, he explained he wishes to develop the building without the parking lot at this time. The City Planner had been consulted and he recommended a variance. Mr. O'Flanagan stated the building has been scaled down and the parking lot would not be needed at this time. The Mayor asked what would happen if Mr. O'Flanagan decided to sell the property? The Mayor also said the Council cannot go against its own ordinance. Mr. O'Flanagan said the top floor would be empty for now. He said 39 spaces are needed for parking for the size of the building. The Planner suggested Council consider a variance that would hold the property until Mr. O'Flanagan needed it. Mr. O'Flanagan stated he did not plan to sell the lot, and asked if there was a way the City could be guaranteed the property would not be sold? He said his plans have changed to a two story building with parking underground. The Administrator said she had not seen the new plan. Council recommended a Staff review of the new plan to verify figures, then it will be discussed again at the next meeting. c) Adopt Comprehensive Plan Update - Alan Brixius d) Review Planning Commission Recommendations The Planning Commission had held a public hearing on April 10th and had recommended approval. Alan Brixius, the City Planner was present. He said the modifications to the Comprehensive Plan had been done. He reviewed various items. He asked about the unresolved issue of tandem lot splits, he stated more people would be inclined to seek lot splits to reduce their tax burden, the Plan will now discourage tandem lot splits, he asked if there would be any further modification to the Plan. Land Use was discussed and the Planner stated the Plan would be laying a format for implementation. Motion by Weeks second by Kraemer to adopt the Comprehensive Plan • as revised. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. CITY OF SPRING PARK ADJOURNED BOARD OF REVIEW & REGULAR MEETING - April 15, 1991 Page 4 • The Planner stated the Plan would be forwarded to the Met Council, neighboring communities, schools and the County. e) Discuss Progressive Zoning Amendment with Planner The Progressive Zoning Ordinance revision dated March 27, 1991 was addressed. The Planner stated this would make all the districts pure, and recommended the proposed changes to the Progressive Zoning Ordinance structure. Council discussed Conditional Uses and Manufacturing, it was deter- mined to remove #2 in Section 14 - delete #2 & #3 under Section 11, add R-3 to Section 9 #1, and add the words "or manufactured on the premises" to Section 10 #1. The Planner will make the changes, he also stated a public hearing before the Planning Commission would be required on the Progressive Zoning. Motion by Weeks second by Dill to set the date of May 8, 1991 for a public hearing before the Planning Commission. All votes were aye. Motion declared carried. The Planner inquired about the Planning Commission's recommendation for a long range plan for the Parks. The Mayor suggested the plan be expanded, a survey of equipment in each park and a questionnaire be sent along with the water billing to determine what improvements the citizens would like to see in the Parks. The Mayor reported the LMCD meeting that had been scheduled for April 10th had been cancelled, the next meeting will be on the 17th at 7:30 p.m. in the Mound City Hall. The Mayor urged the other Council members to attend. 6. ORDINANCES & RESOLUTIONS Resolution 91-14 - Proclaiming May 6 through May 10 1991 as Westonka Senior Center Week A letter dated April 8, 1991 was received from Dotty O'Brien, President of the Westonka Senior Citizens, Inc. They are celebrating the 25th anniversary of their senior club. They were asking the Council to pro- claim May 6 through May 10th 1991 as Westonka Senior Center Week. Motion by Weeks second by Kraemer to adopt Resolution 91-14, to proclaim May 6th through May 10th as as Westonka Senior Center Week. All votes were aye. Motion declared carried. The Mayor requested the Senior Center be notified. 7. REPORTS OF OFFICERS & COMMITTEES • a) Mayor 1. Administrative Committee - April 4, 1991 Goods Inc. has been contacted regarding the barrels on their property, they will either screen or remove the barrels. CITY OF SPRING PARK ADJOURNED BOARD OF REVIEW & REGULAR MEETING - April 15, 1991 Page 5 2. Police Commission - April 9, 1991 It was noted Spring Park will receive a net credit of $9166. from Orono on the 1990 contracted police service. The Mayor requested the Council table be repaired and also requested prices on Council chairs. b) Council Kraemer Kraemer inquired if the City had been notified by Orono about the proposed twin home development at the east end of the City. The Administrator stated the plan had been forwarded to the Engineer for a recommendation. Kraemer was concerned it may interfere with the drainage. The Mayor suggested thanking Orono for the notifica- tion and also mention the retention area should not be filled. Weeks - No Report Thurk - No Report Dill - No Report c) Engineer - Feasibility Study Update - Lafayette Lane & Kings Road Mr. Sorensen - 4437 Lafayette Lane was present. The Engineer stated • the feasibility study was not yet completed, it will be ready for the next meeting. He also said part of the road is now over the utility easement and it should not be. He had three alternate cost estimates. Alternate I - $79,550 - Street with concrete curb, gutter and Storm sewer. Alternate II - $42,000 Storm sewer. $37,500 Street Costs. Alternate III- $75,800 Street with bituminous gutter. The Engineer stated he recommended not less than a 20 foot wide road. He will continue to check on the easements needed. d) Utility Superintendent - The Utility Superintendent was excused. e) Administrator 1. May Calendar - Noted 8. CLAIMS FOR PAYMENT Motion by Kraemer second by Thurk to approve the claims for payment. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None CITY OF SPRING PARK ADJOURNED BOARD OF REVIEW & REGULAR MEETING - April 15, 1991 Page 6 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Metropolitan Council - 4/5/91 - Re: Fiscal Disparities b) Letter - Steve Smith - 4/2/91 - Re: Municipal Support for Hennepin Parks Legislation c) MWCC - 4/5/91 - Re: 1990 Final Cost Allocation d) Henn. County Commissioners - 4/5/91 - Re: Recycling, Transfer Station e) LMCD - News Release - 4/8/91 f) City of Mound - Open House - 4/21/91 g) On The Lake - 1991 Spring Publication 11. MISCELLANEOUS Council reviewed the Council photographs and decided to select one at the next meeting. 12. ADJOURNMENT Motion by Kraemer second by Thurk to adjourn the meeting at 10:05 p.m. All votes were aye. Motion declared carried. 0 Administrator/Clerk/Treasurer • Secretary • u 11 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT April 15, 1991 ARA/Cory Refreshment Services, Inc. AT&T Credit Corp. AT&T Communications ATW Landscape - R. Schnabel American Linen Supply Co. Blackowiak & Son Brooks' Foods, Inc. Froehling, Anderson, Plowman & Egnell. Ltd. G & K Services Gopher State One -Call, Inc. Head, Hempel, Seifert & Vander Weide Ingman Laboratories, Inc. Lake Minnetonka Conservation Metro Waste Control Comm. Minnegasco Mound Coast to Coast Navarre Amoco Navarre Hdwe Northern States Power Co. District (2nd Qtr.) NW Associated Consultants, Inc. Orono, City of Osmonson, Patricia Schoell & Madson, Inc. Sterne Electric Co. U. S. Postmaster U. S. West Communications Water Products Co. 37.75 93.47 49.80 132.00 4.50 24.38 94.94 205.00 55.50 15.00 2693.93 7.00 1087.25 8266.00 309.59 8.50 6.00 46.52 10.06 636.15 1095.10 190.83 177.16 349.90 400.00 115.72 219.76 16,331.81 CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA REGULAR MEETING Mav 6, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - April 15, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Doug Babcock - LMCD b) Garbage Haulers License Application - Nitti Disposal, Inc. c) Dakota Rail - Letter 4/23/91 & 4/22/91 d) League of Minnesota Cities - Seeking Support for Brady Bill e) Roger Hennessy - City Insurance (8:30/9:00 p.m.) Letter - Dave Seppelt f) Miscellaneous 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - May 2, 1991 b) Council • Kraemer Weeks Thurk Dill c) Engineer - Feasibility Study - Lafayette Lane d) Utility Superintendent - Removal of Flags e) Administrator 1. Recycling Report - March 2. Building & Sign Report - March & April 1991 3. Parks Survey 4. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS a) Review Council Photographs 10. NEW BUSINESS & COMMUNICATIONS a) LMCD Minutes - 3/27/91 - 4/13/91 & 4/15/91 b) West Suburban Mediation Center - Annual Meeting c) State of MN - 4/8/91 - Re: State Agency Budget Cuts d) LMCCC - 4/6/91 11. MISCELLANEOUS a) Catalogs on Office Furniture b) Letter to Gregg Klohn - April 18, 1991 • 12. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES REGULAR MEETING May 6, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks and Thurk were present. Kraemer and Dill were excused. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - April 15, 1991 Motion by Thurk second by Weeks to approve the minutes of April 15, 1991. All votes were aye. Motion declared carried unanimously. • 5. PETITIONS, REQUESTS & APPLICATIONS a) Doug Babcock - LMCD This was tabled until later in the meeting because Mr. Babcock was not present at this time. b) Garbage Haulers License Application - Nitti Disposal, Inc. Council asked if the application was in order. It was. Motion by Weeks second by Thurk to approve garbage hauler license for Nitti Disposal, Inc. to haul garbage in Spring Park. All votes were aye. Motion declared carried. c) Dakota Rail - Letter 4/23/91 Ken Larson - Letter 4/23/91 A letter dated April 23, 1991 was received from Ken Larson, the City Attorney in which he also enclosed correspondence from Elli Mills, from Dakota Rail. Mr. Mills is questioning encroachment of roadway just west of Advance Machine. In a letter dated April 23, 1991 from Elli Mills he stated Dakota Rail, Inc. is exercising its option to terminate all agreements including a fence near Seton Village and also construction and maintenance of a lift station. Mills stated a check • for $11.83 was enclosed, it was not received. Council stated Seton Village Association should be contacted to determine if they would CITY OF SPRING PARK REGULAR MEETING - May 6, 1991 • Page 2 like to have the fence remain and pay the lease for the fencing. The Mayor stated the practical approach would be to start condemnation of the properties. Council determined the City Attorney would take the necessary action. d) League of Minnesota Cities - Seeking Support for Brady Bill The National League of Cities is urging city officials who support the passage of a national seven-day waiting period for the purchase of handguns to send signatures to NLC immediately. Motion by Weeks second by Thurk to send a letter supporting the Brady Bill. All votes were aye. Motion declared carried. The agenda was moved back to 5 a. a) Doug Babcock - LMCD Mr. Babcock reported on the following events of the last LMCD meeting: Dock permits, approved changes in the Management Plan, deleting Appendix C, amending the Shoreland Plan. Milfoil funds are short, the milfoil harvesters will unload on a barge to cut transport time. He also re- ported on a meeting with the Lakeshore Homeowners, their concern was • the LMCDacquiriing lake shore thru condemnation and the need for 700 parking spaces. User or ramp fees are being considered, 2,100 boats are on the lake at the peak time. Chapman Place dockage. Approval of renewal of the Wayzata Yacht Club multiple -dock -and- mooring license and Wayzata's concern of a conditional use permit. There is a 2 boat limit for dockage per resident. Babcock inquired about the Grant Agree- ment revisions that were received this evening. The Mayor stated it would be reviewed and discussed at the next meeting. e) Roger Hennessy - City Insurance This was tabled until Mr. Hennessy is present. f) Miscellaneous - Upper Tonka Little League A letter dated April 23, 1991 was received from the Upper Tonka Little League. They were seeking use of Thor Thompson field for the use of a Minor League program and permission to put in a stationary storage shed for equipment needed and a stationary home plate. They also thanked Spring Park for the use of the field. Council requested more information about the shed, but the home plate would be alright. 6. ORDINANCES & RESOLUTIONS - There were none. 7. REPORTS OF OFFICERS & COMMITTEES • a) Mayor CITY OF SPRING PARK REGULAR MEETING - May 6, 1991 Page 3 1. Administrative Committee - May 2, 1991 Additional Christmas decorations were discussed. The Mayor suggested placing the Christmas decorations on the Planning Commission agenda, and also inquire if the Lions Club would again contribute towards the purchase of the decorations. The Administrator suggested more specific guidelines in Spring Park's Ordinance regarding fences was needed. Model ordinances will be obtained. b) Council Weeks - No Report Thurk - No Report c) Engineer - Feasibility Study - Lafayette Lane & Kings Road John Karwacki and Ken Adolf were present. The feasibility study for roadway and drainage improvements for Lafayette Lane and Kings Road has been completed as the Council requested. Adolf put a drawing on the board showing which easements would be required and he suggested contacting the City Attorney about obtaining tax forfeited property needed. An easement would also be needed from Mrs. Sorensen 4429 Lafayette Lane. Council suggested contacting Mrs. Sorensen and her • son. The Engineers had prepared 3 alternative estimated project costs. Council discussed financing and how the project would be assessed. It was determined this would be put back on the agenda for full Council discussion. The agenda was moved back to 5 e. 5 e) Roger Hennessy - City Insurance - Letter Dave Seppelt Mr. Hennessy was present. A letter dated April 30, 1991 from Dave Seppelt, representing the American Agency, Inc. was received, he stated he was still interested in acting as Spring Park's agent. Mr. Hennessy explained the form that is being used now will be more defined in the future to determine the amount of the insurance. The League of Minnesota Cities has North Star underwrite them and they are checking their records for possible refunds, a refund of $4,378.00 has been received. Mr. Hennessy will contact the Adminis- trator. d) Utility Superintendent - Removal of Flags Goman has contacted surrounding Cities about removal of the flags. Three of our flags have been stolen and they are getting weather beaten. • Motion by Weeks second by Thurk to remove the flags until May 24th then replace them for Memorial Day. All votes were aye. Motion de- clared carried. CITY OF SPRING PARK REGULAR MEETING - May 6, 1991 Page 4 e) Administrator 1. Recycling Report - March It was noted 115 stops were made, participation was 42%. A refund of $51.99 was received from Knutson for materials sold. 2. Building & Sign Report - March & April 1991 - Noted 3. Parks Survey The Parks surveys are coming in slowly and it was noted most of the residents are requesting walking paths. Council suggested contacting the County regarding walking paths on Sunset Drive. 8. CLAIMS FOR PAYMENT Motion by Weeks second by Thurk to approve the claims for payment including the April payroll. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS a) Review Council Photographs The photographs will be reviewed when there is a full Council. 10. NEW BUSINESS & COMMUNICATIONS • The following communications were noted: a) LMCD Minutes - 3/27/91 - 4/13/91 & 4/15/91 b) West Suburban Mediation Center - Annual Meeting c) State of Minnesota - 4/8/91 - Re: State Agency Budget Cuts d) LMCCC - 4/16/91 e) Metro Council 5/6/91 - Grant Agreement 11. MISCELLANEOUS a) Catalogs on Office Furniture The Mayor suggested upgrading the Council table so it was determined to wait on ordering new chairs. b) Letter to Gregg Klohn - April 18, 1991 Council suggested checking the Planning Commission Ordinance. 12. ADJOURNMENT Motion by Weeks second by Thurk to adjourn the meeting at 9:55 p.m. All votes were aye. Motion declared carried. Secretary fidministrator/Clerk/Treasurer • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT May 6, 1991 1. ARA/Cory Refreshment Services, Inc. 37.75 2. A T & T 34.74 3. ATW Landscape - R. Schnabel 549.00 4. American Linen Supply Co. 4.50 5. Banyon Data Systems, Inc. 195.00 6. Blackowiak & Son 24.38 7. Brooks' Foods, Inc. 43.50 8. Cellular One 11.13 9. DPC Industries, Inc. 35.90 10. Froehling, Anderson, Plowman & Egnell, Ltd. 205.00 11. G & K Services 45.60 12. Gopher State Onc-Call, Inc. 70.00 13. Heitz, Frank 300.00 14. Hennepin County - Workhouse 1237.74 15. Hennepin County - Voters Registration 6.51 16. Keller, Gregory E., P. A. 1170.00 17. Knutson Services, Inc. 398.75 • 18. LMCIT - Insurance 17,485.00 19. Lake Business Supply 28.50 20. The Laker 49.32 21. Metro Waste Control Commission 643.50 22. Northern States Power Co. 815.63 23. NW Associated Consultants, Inc. 604.70 24. U. S. WEst Communications 116.28 25. Waldor PUmp & Equip. Co. 3627.39 26. Water Products Co. 9.60 27. Wayzata, City of 59.09 27,808.51 April Payroll: 4/15 D. Osmonson 84.00 PERA 326.35 4/30 D. Osmonson 56.00 PERA 316.63 Marq. Bank 1975.56 Physicians Health 827.00 Comm. Life Ins. 22.65 •IS • • CITY OF SPRING PARK 16 SPRING PARK, MINNESOTA AGENDA REGULAR MEETING May 20, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - May 6, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) License Applications as Per Attached List b) Variance Application - 4357 Channel Road - Barry & Alice Schultz 1. Planning Commission Recommendations 2. Tim McDonald - 4365 Channel Road c) Variance Application - 4590 West Arm Road - Steve Battis 1. Planning Commission Recommendation d) Performance Marine - Chris Butler - Temporary Sign Extension e) Upper Tonka Little League - Storage Shed f) Ken Larson - Railroad - Letter dated 5/10/91 g) DNR Grant Agreement - Dated 5/6/91 - Letter Ken Larson 5/15/91 h) Miscellaneous • 6. ORDINANCES & RESOLUTIONS a) Ordinance 56-12 - Progressive Zoning Ordinance 1. Planning Commission Recommendation 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission - May 14, 1991 b) Council Kraemer Weeks Thurk Dill c) Engineer d) Utility Superintendent e) Administrator 1. June Calendar 2. Building Construction - 2429 Black Lake Road - Gary Christensen 3. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS a) Council Photographs 10. NEW BUSINESS & COMMUNICATIONS a) Letter - Duane Markus - 5/6/91 - Re: LMCD • b) LMCD - Article in Sailor 5/15/91 11. MISCELLANEOUS 12. ADJOURNMENT E 1. Stannard's, Inc. CITY OF SPRING PARK SPRING PARK, MINNESOTA LICENSE APPLICATIONS May 20, 1991 2. Restaurants, No Limit, Inc. 3. P. M. Pizza Enterprises, Inc. 4. Town & Country Foods 5. Rockvam Boat Yards, Inc. 6. Superamerica 7. B & L Vending 8. Bayview Condos 9. Four Star Vending 10. LaVay Nelson - Shoreline Bait 11. Ron's Music - R. Scheuble 12. American Amusement Arcades 0 LIQUOR - ON-OFF-SUNDAY AMUSEMENT DEVICE - OPERATOR'S LIQUOR - ON-OFF-SUNDAY CIGARETTE DINNER DANCE AMUSEMENT DEVICE - OPERATOR'S LIQUOR - ON-OFF-SUNDAY CIGARETTE & 3.2 OFF SALE BEER CIGARETTE AMUSEMENT DEVICE - OWNER'S CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES REGULAR MEETING May 20, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Kraemer second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - May 6, 1991 Motion by Thurk second by Kraemer to approve the minutes of May 6, 1991. Upon roll call Rockvam, Kraemer, Thurk and Dill all voted aye. Motion declared carried. • Weeks arrived at 7:32 p.m. Two Resolutions were added to the agenda - Resolution 91-15 and Resolution 91-16. 5. PETITIONS REQUESTS & APPLICATIONS a) License Applications as Per Attached List The Mayor read the list of renewal of Liquor (on & off -sale) Cigarette, Amusement Devices and Dinner Dance applications. See list attached to the agenda. The Mayor asked if the applications were in order. They were. Motion by Kraemer second by Weeks to approve the license applications in a blanket form except for P.M. Pizza Enterprises, Inc. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. Motion by Weeks second by Thurk to open for discussion the liquor license requested by P.M. Pizza. All votes were aye. Motion declared carried. Mrs. McGinnis and Patrick McGinnis were present. Mrs. McGinnis ex- plained Bill McNamee who was running the operation (under the name of I & I Incorporated) of the liquor store and the bar and restaurant, • under a lease agreement had just walked away, but the license was under their name, as advised by their attorney. They are holding the lease on the property and plan to re -open the liquor store this week, which will be managed by Pat. She said the bar and restaurant CITY OF SPRING PARK REGULAR MEETING - May 20, 1991 Page 2 will also open as soon as possible. The Mayor pointed out that there are violations against the operation which are still pending. Mrs. McGinnis stated she was only aware of one of the violations. Council determined the City would contact the Prosecuting Attorney and the Police Department before renewal of their application is approved. b) Variance Application - 4357 Channel Road - Barry & Alice Schultz 1. Planning Commission Recommendations The Planning Commission held a public hearing on May 8, 1991. The Administrator read the findings of fact and the recommendation of the Planning Commission. The Commissioners recommended approval. Alice Schultz and Mr. Cleary from Cleary Construction were present, they were requesting a 7 foot variance on the lake side to convert a deck to a three season porch. Cleary stated the stairs have now been moved to the side of the building. The Commissioners had noted a 11 foot variance was need to include the stairs. He also stated the proposed ground level deck could be eliminated if it would cause a problem, because the deck had also not been figured in the set back requirements. According to the DNR regulations a ground deck 30 feet from the Lakeshore could be approved, but Spring Park has not adopted the Shoreland Ordinance, so according to our Ordinance • this would also require a variance. Cleary stated the present deck is not useable because it is rotted and not safe. Mrs. Schultz was seeking the variance for health reasons. They were not going to increase the size, only build upwards. Rockvam stated this would be considered a new structure because the old deck would be removed, he also stated the side yard set back was also in need of a variance because it is 9.3 from the lot line. Ten feet is required. Cleary had a picture and a revised drawing of the plan. Tim McDonald, 4365 Channel Road, had come into the office and stated he was against the proposed structure because it would block his view of the lake. Sheldon Meyers, 4325 Channel Road was present and he stated he talked to the neighbors and they were all in favor of the variance. Commissioner Van Beek was present and he stated the set back would remain the same as it is now and they were requesting to build upwards. The Mayor said it was a hard decision and really not a hardship, and it would be setting a precedent. Kraemer also stated there was no hardship and it would increase the non -conforming structure, he did not understand why the Planning Commission had recommended approval, and felt the Planning Commission had placed too much emphasis on what the neighbors thought. • • CITY OF SPRING PARK REGULAR MEETING - May 20, 1991 Page 3 Mrs. Schultz stated it was a hardship for her because of back problems, she needed the space for entertainment and enjoyment of the lake and carpenter ants had damaged the old deck. Motion by Weeks second by Kraemer to table the variance application until June 3rd, which would give the Council the opportunity to view the property before the next meeting, at which time they will vote on the variance. All votes were aye. Motion declared carried. c) Variance Application - 4590 West Arm Road - Steve Battis 1. Planning Commission Recommendation A public hearing was held before the Planning Commission on May 8, 1991. The Administator read the findings of fact and the Planning Commission recommendation. The Commissioners had recommended approval. Steve Battis, the property owner was present, he was requesting a 10 foot variance from the road set back for construction of a proposed garage and house. The variance needed was to save a large oak tree on the property. The Mayor stated the hardship was a legitimate excuse, because of the oak tree. The Mayor suggested a joint meeting with the Planning Commission to review hardships and the Ordinance as Shavlik had suggested. Motion by Dill second by Kraemer to approve the variance for 4590 West Arm Road. The Mayor stated most people opposed would be at the meeting and there were none present. Kraemer stated he also felt there was a hardship and the Planning Commission had also put too much emphasis on the neighbors. Weeks stated he valued the opinions of the neighbors. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. d) Performance Marine - Chris Butler - Temporary Sign Extension The Administrator explained Chris Butler had applied for 3 temporary signs, they are flags stuck in the ground around his permanent sign and he was seeking an extension thru the summer months to promote business. Chris Butler was present, he explained the flags were red, white and blue. The flags say "Open" - QSale" and "Boats". He would like to have them up until the end of July. The Mayor explained the intention for temporary signs was for a new business and asked if he had consid- ered putting the flags on the permanent sign. Motion by Weeks second by Thurk to approve the extension for the 3 flags until July 15th. All votes were aye. Motion declared carried unanimously. 0 • 0 CITY OF SPRING PARK REGULAR MEETING - May 20, 1991 Page 4 e) Upper Tonka Little League - Storage Shed Upper Tonka Little League had requested keeping a storage shed for equipment at Thor Thompson Park. The Utility Superintendent stated he had asked for more information on the storage shed but they have not responded. f) Ken Larson - Railroad - Letter dated 5/10/91 & 5/17/91 Ken Larson, the City Attorney was present. He reiterated to the Council events -and progress being made towards negotiating with Elli Mills, President of Dakota Rail Inc. Mills had stated he was terminating all agreements with the City, in 30 days, which included a fence near Seton Village, construction and maintenance of a lift station and West Arm Road Central. Larson explained Mr. Mills had surveyed the railroad property and it was determined West Arm Road West was not on railroad right-of-way. Larson explained to Mills the City could not respond in 30 days to his demands, but a document was found showing the City had paid the railroad $3,500.00 for West Arm Road Central. Ken Larson explained he had a meeting on May 17, 1991 with Elli Mills, and his attorney Eric Nilsson. The meeting was to discuss issues and how they could be resolved. Mr. Mills indicated he desired to have some indication from the City Council that it agrees that the City should engage in negotiations. Ken Larson drafted a resolution for Council's consideration to attempt to negotiate thereby avoiding litigation which Larson stated would be expensive, he also suggested an appraiser, a title company, the City Engineer and the City Attorney have input to help Council to make informed judgments. Fair compensa- tion and long-term rights were discussed at the meeting. Larson stated Mills had no interest in granting permanent easements, his proposal was limited to 5 year easements. The Mayor stated a 5 year lease is not acceptable and if a long-term easement could not be obtained the City should go to court. Larson suggested another idea would be to move the road, but the lift station is another story. The Mayor raised questions about the City being reimbursed for the crossing coming down all the time on Sunset Drive. Mills should also comply with the Watershed 509 rules and the railroad right-of-way is a disgrace due to the debris. He also said the fence by the Seton Townhomes is of no value to the City. It was noted some of the railroad property is listed as belonging to Mcleod County and Dakota Rail, Inc. The Attorney suggested obtaining information from Mcleod County and determinating first who really owns the property. CITY OF SPRING PARK REGULAR MEETING - May 20, 1991 Page 5 • g) DNR Grant Agreement - Dated 5/6/91 - Letter Ken Larson dated 5/15/91 A revised Grant Agreement between the DNR/LMCD and Lake Minnetonka Cities has been received. The Grant Agreement had been sent to the City Attorney to review, he felt the language could be more clear. The Mayor felt most of the concerns the 8 Cities that had been opposed, have now been satisfied. He stated the Technical Review Committee may be an advantage to Spring Park because of the flexibility Spring Park needs and perhaps we could appoint our City Planner to the Technical Review Committee. He suggested the Agreement be tabled until June 3rd because on May 29th there is a meeting with all the Cities. The LMCD will pay the Cities 50% of all actual expenses incurred for prep- aration and adoption expenses which would be $2,500.00 provided we spend $5,000.00. Council suggested contacting Jim Uttley, Planner from the Metropolitan Council. 6. ORDINANCES & RESOLUTIONS a) Ordinance 56-12 - Progressive Zoning Ordinance • 1. Planning Commission Recommendation The Planning Commission held a public hearing on May 8th, 1991 and had recommended approval of the Progressive Zoning Ordinance revisions. Motion by Weeks second by Kraemer to approve Ordinance 56-12, the Progressive Zoning Ordinance Revisions. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. b) Resolution 91-15 - A Resolution Authorizing the City of Spring Park to Enter Into Agreements with Northern States Power, Minnegasco, and Designated Community Based Organizations to Provide Community Energy to the Residents of Spring Park. Motion by Weeks second by Thurk to approve Resolution 91-15. All votes were aye. Motion declared carried unanimously. c) Resolution 91-16 - Negotiations With Dakota Rail Council decided to wait for more information on Resolution 91-16 before adoption then they will reconsider. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor • 1. Police Commission - May 14, 1991 - Noted CITY OF SPRING PARK REGULAR MEETING - May 20, 1991 Page 6 The Mayor stated a poor job had been done on the repairs needed on the fence by the Seton Channel. The Utility Superintendent reported it is still being worked on. The Mayor suggested inquiring what the Planning Commission would like to discuss at a joint meeting then set a date. The Mayor had received a letter from the RTC (Resolution Trust Corporation) stating Charlie Thompson seeking to buy Twin Birch has 120 days to close the sale. b) Council Kraemer - Kraemer reported there are still wild cats on Del Otero Ave. and they are living in a trailer house there. The Mayor asked if any- thing could be done to remove the trailer. A new house is being built at 2265 Hazeldell and there have been complaints about the mud on the street. The Mayor suggested the C.O. be withheld until they clean the street. Kraemer inquired about the Spring Clean Up. The Utility Superintendent reported he had one complaint. Jim Riley, 3820 Togo Road, asked if a speed bump could be installed on Togo Road to slow traffic. Dill stated most of the speeding is done between 5:00 p.m. and dark. Council suggested more Police attention in the area. Bud Heller, husband of former Council member Ellie Heller has died. Council suggested a card of condolance be sent to Mrs. Heller. Weeks - No Report Thurk - No Report Dill - No Report c) Engineer The Administrator stated the Engineer has been excused because a meet- ing is scheduled for tomorrow with the Engineer, Attorney and the Administrator to discuss easements needed for Lafayette Lane improve- ments. The Mayor stated he would like a document, in writing, who is going to run P.M. Pizza when it is re -opened, who holds the license, the type of operation and who the managers will be. Kraemer inquired about the businesses closing in Spring Park. Mc- Donalds, Orlando's and Crown Auto have closed recently. CITY OF SPRING PARK REGULAR MEETING - May 20, 1991 Page 7 • e) Administrator 1. June Calendar - Noted 2. Building Construction - 2429 Black Lake Road - Gary Christensen The Administrator received a building application for 2429 Black Lake Road, Gary Christensen. The present structure is now non -conforming. Side yard set backs are only 2.9 feet and 4.5 feet. They are seeking permission to replace the foundation on the same foot print. In June 1990 they applied for a building permit to add a 2nd floor and the Building Inspector determined the foundation was not adequate to support a 2nd story. The Administrator was asking if the applicant should be allowed to replace the foundation or should it be treated as a new structure and conform to the set backs. The Administrator stressed this sort of construction should be brought into conformance and there is a need for stricter rules. Weeks stated adding a 2nd floor would be adding to non-conformance. Kraemer asked if the house could be moved over on the property. The Mayor suggested this would be a good item for Planning Commission discussion. Council decided to look at the property and discuss it at the next meeting. 3. Miscellaneous • The DNR was asking for the City's comments on docks for the proposed Yacht Club. The Mayor stated they had been reviewed and there is no further comment. 8. CLAIMS FOR PAYMENT Motion by Weeks second by Kraemer to approve the claims for payment. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS a) Council Photographs - This item was tabled. 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Letter - Duane Markus - 5/6/91 - LMCD b) LMCD - Article in Sailor 5/15/91 c) Memo - Mel Kilbo, Police Chief - 5/16/91 - Re: Bomb Threat Procedures d) LMCD Minutes - 4/24/91 & 5/11/91 11. MISCELLANEOUS Kraemer stated the LMCD is in need of changes in their membership. 12. ADJOURNMENT Motion by Dill second by Weeks to adjourn the meeting at 10:17 p.m. All votes were aye. Motion declared carried. Secretary 41 Administrator/Clerk/Treasurer • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT May 20, 1991 1. ATW Landscape - R. Schnabel 688.00 2. Brooks' Foods, Inc. 75.55 3. Clean Sweep, Inc. 798.75 4. Employee Benefit Administration Co. 937.00 5. Froehling, Anderson, Plowman & Egnell, Ltd. 410.00 6. Head, Hempel, Seifert & Vander Weide 982.00 7. Ingman Laboratories, Inc. 7.00 8. Long Lake Ford Tractor, Inc. 125.68 9. Metro Waste Control Comm. 8266.00 10. Minnegasco 273.19 11. Navarre Hdwe. 2_99 12. North Country Flags 223.25 13. Northern States Power Co. 61.50 14. Orono, City of (Bldg. Insp.) 185.95 15. Osmonson, Patricia 89.79 16. Schoell & Madson, Inc. 275.42 17. Water Products Co. 419.70 13,821.77 • CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA REGULAR MEETING JUNE 3, 1991 7:30 p.m. - CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - May 20, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) License Application - Renewal of Liquor - P.M. Pizza b) Variance Application - 4357 Channel Road - Barry & Alice Schultz c) DNR Grant Agreement - Dated 5/6/91 d) Building Construction - 2429 Black Lake Road - Gary Christensen e) Dance Application - Minnetonka Mist - 4050 Shoreline Dr. 6/7/91 f) Miscellaneous 6. ORDINANCES & RESOLUTIONS • a) Resolution 91-18 - Memorializing The Dedication of Lafayette Ln. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Council Kraemer Weeks Thurk Dill c) Engineer d) Utility Superintendent e) Administrator 1. Building & Sign Report - May 1991 2. Recycling Report - May 1991 3. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS a) Council Photographs 10. NEW BUSINESS & COMMUNICATIONS a) AMM Bulletin - 5/28/91 - Re: 1991 Omnibus Tax Bill b) Westonka Public Schools - 5/28/91 - Re: Education & Services c) Letter - Ken Larson - 5/24/91 - Re: Dakota Rail • d) Letter - Steve Smith - 5/23/91 e) LMCD Minutes - May 20th & 23rd, 1991 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES REGULAR MEETING June 3, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks and Thurk were present. Dill was absent. 3. ADOPT AGENDA Motion by Kraemer second by Weeks to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - May 20, 1991 Motion by Kraemer second by Thurk to approve the minutes of May 20, 1991. Upon roll call Rockvam, Kraemer, Weeks and Thurk all voted aye. Motion declared carried. 0 Dill arrived at 7:33 p.m. 5. PETITIONS, REQUESTS & APPLICATIONS a) License Application - Renewal of Liquor - P.M. Pizza Mrs. McGinnis and Patrick McGinnis were present. At the last meeting Council had requested information, who would run the business when it was to be re -opened, who holds -the license, the type of operation and who the managers will be. A letter dated May 28, 1991 was received from Delores McGinnis, President of P.M. Pizza Enterprises, Inc. She expressed the intentions of P:M. Pizza Enterprises, she stated the rest- aurant would be operating with a Sports theme. A letter from Gregory Keller, P.A. was also noted, it was a chronological review of the liquor violations which occured during the time the operation was managed by Bill McNamee. Two warning letters had been sent to John McGinnis, the license holder. McGinnis stated only one letter was received. A memo dated June 3, 1991 from Melvin Kilbo, Chief of Police, stated he felt that some of the charges may have been non -willful by the license hold- er of P.M. Pizza, and recommended Council renew their liquor license. Motion by Kraemer to approve the license application, second by Weeks to open for discussion. Weeks asked McGinnis if they had seen the letter from Keller, and if they were aware of the charges? They stated Is they had seen the letter, but received only one letter on the violations, CITY OF SPRING PARK REGULAR MEETING - June 3, 1991 Page 2 • and the other letter must have been sent to McNamee, because they had not received a second warning let-cer. Weeks stated the license holder should have been notified. The Mayor suggested contacting Chief Kilbo and Keller to determine why McGinnis was not notified because they are held responsible for the license. Upon roll call Rockvam, Kraemer, Thurk and Dill voted aye. Weeks voted no. Delores McGinnis requested a copy of information we may obtain from Keller explaining why they were not notified. Thurk suggested letters to the license holders be sent certified. b) Variance Application - 4357 Channel Road - Barry & Alice Schultz Mr. & Mrs. Schultz and Mr. Cleary from Cleary Construction were present. The Schultzs were requesting a 7 foot variance on the lake side to convert a deck to a three season porch. The variance application had been tabled at the last meeting. Council had determined they would physically review the property before making a decision. Motion by Rockvam second by Thurk to approve the 7 foot variance. Weeks stated he thought it would be a gross enlargement of a non -conforming use. The Mayor felt sympathy for the applicant but it would set an extremely bad precedent and the addition would be creating a permanent structure. Dill agreed with Weeks and stated it was an encroachment. Mrs. Schultz explained she has back problems, this would allow her to go on the porch, and there would be less cleaning. Kraemer said it was expanding the non- conformance of the home which is not allowed. Cleary asked about putting • six foot rails on the deck or enclosing the porch with glass, screens or a roof on the deck. The Administrator stated it then would not be a deck. Cleary also stated it would not effect anybodys site line, but one of the neighbors had complained it would. Thurk stated it would increase the value of the home which was purchased for enjoyment of the lake. Mrs. Schultz stated she could produce medical records if needed. The Mayor asked the Council if they would consider putting restrictions on the deed, which call for removal of the porch if the property was sold. The Admin- istrator said she didn't think they could hold a new buyer to such an agreement. Kraemer stated he would have to see the medical reasons first. Weeks stated he might consider another application with new language that could be explored and that could be attached to the deed. Kraemer said he would consider it if an attorney could draw up something attached to the property. The expense of attorneys was then discussed. The Schultzs' said they would approach the problem from their end. The maker of the motion and the second withdrew their motion until the Schultzs are heard from. c) DNR Grant Agreement - Dated 5/6/91 The Mayor stated some cities might not agree to a Technical Committee or the flexibility, but he felt Spring Park would gain by it and he was recommending adoption. Motion by Rockvam second by Kraemer to approve the revised Grant Agreement between the DNR/LMCD and Lake Minnetonka Cities, dated May 6, 1991. All • votes were aye. Motion declared carried. CITY OF SPRING PARK REGULAR MEETING - June 3, 1991 • Page 3 d) Building Construction - 2429 Black Lake Road - Gary Christensen Mr. & Mrs. Gary Christensen were present. They had submitted a building application to replace the foundation on the same foot print. A year ago they had applied for a building permit to add a second story, the Building Inspector had determined the foundation would not support a second story. The present structure is non -conforming. The Administrator had asked Council at the last meeting if this should be allowed or should it be treated as a new structure and conform to the set backs? Council had tabled a decision until they could look at the property. The Administrator explained the lot is pie shaped and presented a hardship. The Mayor stated this would be considered replacement not expansion. Weeks stated this was not increasing the size. Council determined this should be allowed. e) Dance Application - Minnetonka Mist - 4050 Shoreline Drive - 6/7/91 A dance application was received from the Minnetonka Mist for a dance on a Friday nite, June 7, 1991. The Police Department has,been notified. Motion by Weeks second by Kraemer to approve the dance application. All votes were aye. Motion declared carried. 6. ORDINANCES & RESOLUTIONS • a) Resolution 91-18 - Memorializing The Dedication of Lafayette Lane A Resolution was prepared by the City Attorney memorializing the dedication of Lafayette Lane. It had been determined the legal description was not complete when it was previously filed, therefore the Attorney had prepared a revised Resolution. Motion by Weeks second by Dill to adopt Resolution 91-18, Memorializing The Dedication of Lafayette Lane. All votes were aye. Motion declared carried. The Council also questioned why the easements were not filed when the Ortenblad agreement was signed. This will be checked with the City Attorney. The Mayor suggested this topic be put on the agenda for the Administrative Committee. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor The Mayor stated he has had contact with the R.T.C. and Charlie Thompson,who is purchasing the Ortenblad complex, and the closing is scheduled for August 6, 1991, and they will be seeking 6 to 71/2 million in revenue bonds. 0 CITY OF SPRING PARK REGULAR MEETING - June 3, 1991 Page 4 • b) Council Kraemer A letter dated June 3, 1991 was received from Ron Kraemer, he was giving written notice of his resignation as Spring Park City Council Member, effective July 1, 1991. Motion by Rockvam second Weeks to reluctantly accept Kraemer's resignation as of July 1, 1991 and declare a vacancy of a Council Member. All votes were aye. Motion declared carried. Weeks - No Report Thurk Thurk asked about the catch basin on County Road 125 and Channel Road that the County had agreed to. The Engineer stated this would be combined with another project such as the Yacht Club. The Engineer stated the Yacht Club is delayed because of leasing problems. The Mayor asked about the two drainage projects that were recently done, he asked how they were working because of the large amounts of rain. The Utility Superintendent reported Channel Road and Del Otero Ave. have both been working excellent. • Dill - No Report c) Engineer The Enginner reported a single family home would now be built at the east end of Spring Park near the Hennepin County shop instead of a duplex. d) Utility Superintendent The Utility Superintendent reported he will attend a meeting tomorrow concerning the well capping at the Advance site. Mr. Goman also reported the Building Inspector has been documenting events for the new construction at 2265 Hazeldell Ave. e) Administrator 1. Building & Sign Report - May 1991 Thurk questioned the sign at the Minnetonka Drive In. It was explained it is a temporary sign. 2. Recycling Report - May 1991 The increase in recycling was noted. A year ago 87 households were participating, now there are 122 to 128 participating, and the apart- ments are also recycling. It was noted 15 appliances, 23 mattresses and 41 tires were picked up on the Spring Clean-up, which accounted for extra charges. n CITY OF SPRING PARK REGULAR MEETING - June 3, 1991 Page 5 • 8. CLAIMS FOR PAYMENT Motion by Kraemer second by Thurk to approve the claims for payment including the May payroll. All votes were aye. Motion declared carried. A bill from Harris Office Equipment was received for service on a typewriter. Amount was $85.00 which the Administrator was seeking approval to pay. Motion by Kraemer second by Thurk to approve the $85.00 to Harris Office Equipment. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS a) Council Photographs Motion by Thurk second by Kraemer to select photograph number 8 as the official Council photograph. All votes were aye. Motion declared carried. 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) AMM Bulletin - 5/28/91 - Re: 1991 Omnibus Tax Bill b) Westonka Public Schools - 5/28/91 - Re: Education & Services c) Letter - Ken Larson - 5/24/91 - Re: Dakota Rail d) Letter - Steve Smith - 5/23/91 e) LMCD Minutes - May 20th & 23rd, 1991 • f) Retirement Dinner - Chief Kilbo - 6/27/91 g) Letter - Department of Revenue - 5/30/91 - Re: Tax Option h) LMCD - 1992 Budget A sample Resolution was presented for Council's consideration requesting the County Board enact the 1/2 cent sales tax. Motion by Rockvam second by Weeks to adopt Resolution 91-19 urging Hennepin County to adopt the local sales tax. All votes were aye. Motion declared carried. The retirement party for Police Chief Kilbo on June 27th was noted. The Administator asked if the Council would like to make a presentation. This will be put back on the agenda. 11. MISCELLANEOUS Weeks suggested the Administrative Committee consider an appointment for the vacancy on the Council. 12. ADJOURNMENT Motion by Thurk second by Dill to adjourn the meeting at 9:35 p.m. All votes were aye. Motion declared carried. • �� Secretary Administrator/Clerk/Treasurer Ron Kraemer • 3910 Del Otero Ave Spring Park, Mn. 55384 City of Spring Park 4349 Warren Avenue South Spring Park, Mn. 55384 June 3, 1991 Mayor Rockvam, and Fellow Council Members, This letter is written notice of my resignation as Spring Park City Council Member, effective July, 1, 1991. Serving on the Spring Park City Council has been an invaluable experience for me personally, and I trust my goal of equitably and consistently representing all members of our community was met. I wish the City the best of luck in all of its future endeavors, and again, appreciate the opportunity I was given to represent the residents of Spring Park. Respectfully Yours, Ron Kraemer • • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT June 3, 1991 1. ARA/Cory Refreshment Services, Inc. 36.00 2. A T & T Credit Corp. 93.47 3. A T & T MN Branch 34.74 4. Blackowiak & Son 24.38 5. Cellular One 9.65 6. Chemlawn 43.00 7. G & K Services 45.60 8. Gray, Ron, Excavating 145.00 9. Hennepin County Workhouse 1791.84 10. Long Lake Ford Tractor, Inc. 42.54 11. Northern States Power Co. 831.78 12. Schoell & Madson, Inc. 3732.64 13. U. S. Postmaster 380.00 14. Valentine, Carol (Tree Reimbursement) 69.00 15. Water Products.Company 71.43 16. Westonka Sanitation 3550.00 17. Widmer, Inc. 105.00 11,006.07 May Payroll: 5/15 - DJ Goman 126.00 D. Osmonson 56.00 PERA 311.48 5/31 DJ Goman 150.00 D. Osmonson 56.00 PERA 317.14 Marq. Bank 1960.36 Physicians Hlth 827.00 Comm. Life Ins. 22.65 3826:63 • CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA REGULAR MEETING June 17, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - June 3, 1991 5. PETITIONS, REQUESTS AND APPLICATIONS a) Sale of Ortenblad Property 1. Letter - Ken Larson - June 12, 1991 2. Proposal to Set Date for Public Hearing on Housing Revenue Bonds b) Planning Commission Minutes - June 12, 1991 1. Confirm Meeting Date c) Park Survey Results d) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Resolution 91-17 - Promoting Recycled Materials for Construction 7. REPORTS OF OFFICERS & COMMITTEES • a) Mayor 1. Administrative Committee - June 6, 1991 2. Police Commission - June 12, 1991 b) Council Kraemer Weeks Thurk Dill c) Engineer d) Utility Superintendent e) Administrator 1. July Calendar 2. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS a) Retirement Party for Chief Kilbo - June 27, 1991 10. NEW BUSINESS & COMMUNICATIONS a) Letter - Gen Olson - 6/5/91 - Re: Legislative Session b) AMM Bulletin - 6/6/91 c) Letter - Metropolitan Council - 5/31/91 d) LMC - 6/7/91 - Re: Governor's Veto of Tax Bill Provisions e) The Link - Spring 1991 f) Letter - Eric Tischler - 3842 Northern Ave. - Re: Spring Clean -Up • g) Hennepin County 1990 Traffic Flow Map h) Information - Re: Filling Vacancies i) Zoning Ordinance Pages - #56 j) Minnesota Association of Small Cities k) Letter to LMCD - Tonka Bay - 6/12/91 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES REGULAR MEETING June 17, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Kraemer, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Kraemer second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - June 3, 1991 Motion by Weeks second by Kraemer to approve the minutes of June 3, 1991. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. • 5. PETITIONS, REQUESTS & APPLICATIONS a) Sale of Ortenblad Property Letter - Ken Larson - June 12, 1991 Ken Larson's letter explained Spring Park's Ordinance 55 pertaining to issuance of bonds. 2. Proposal to Set Date for Public Hearing on Housing Revenue Bonds Ken Larson, City Attorney, Dan Bolhouse, President of Presbyterian Homes, Debra Strehlow from the Bond Counsel and Charlie Thompson and Son from North Ridge Nursing Homes were present. Thompson is holding the purchase agreement for the Ortenblad complex (Lakeshore Village, Inc.), due to financing he is proposing to sell to Presbyterian Homes of Minnesota, Inc. This would include the en- tire project, four buildings: Twin Birch Health Care Center, The Villa Apartments, The Court Apartments, and the Residence (32 assisted living units.) Mr. Bolhouse presented a 5 minute video. The video included other nursing homes and health care facilities run by Presbyterian Homes, Johanna Shores in Arden Hills, Langton Place in Roseville and Gideon Pond in Bloomington. The video included services provided to the care of older adults. A closing date of August 6th has been set. 0 • CITY OF SPRING PARK REGULAR MEETING - June 17, 1991 Page 2 Ken Larson stated at this time Presbyterian Homes was only reguesting a public hearing for 8 million in Housing Revenue Bonds. The Nursing Home would be operated as a non-profit organization, therefore it would be tax exempt (only the Nursing Home will be tax exempt). In return Presbyterian Homes is offering the City 15% of the taxes that would be due if it were to be operated by another individual. Weeks asked if their other facilities had been financed thru revenue bonds and Mr. Bolhouse replied yes. Kraemer inquired about the back taxes that have not been paid. Mr. Bolhouse stated the taxes will be paid. Kraemer also inquired about the vacant property to the east of the complex and the lakeshore property. Mr. Bolhouse stated they will also pursue obtaining that property, some of this property may have gone back to Widmer, this will be checked. Ken Larson explained the buyer would assume the TIF obligations by paying the taxes and offering low to moderate income housing. Ken Larson pointed out Housing Revenue Bonds would not carry the full faith and credit of the City of Spring Park, they are only requesting approval from the City. Motion by Weeks second by Kraemer to set July 15th for a public hearing. All votes were aye. Motion declared carried. • Resolution 91-20 - Establishing the Date for a Public Hearing on a Proposed Project and the Issuance of Revenue Bonds Therefor; and Authorizing Publication of Notice Therefor Motion by Kraemer second by Thurk to adopt Resolution 91-20. All votes were aye. Motion declared carried. An application fee of $40,000.00. which is 1/2% of one percent of the principal amount of the proposed bond issue was presented. Mr. Bolhouse inquired about a refund of the unused portion if for some reason the agreement were not to be consummated. Ken Larson will draw up an agreement. b) Planning Commission Minutes - June 12, 1991 Section 3 of Ordinance 55 provisions require the application for the Ortenblad sale be reviewed by the Planning Commission for recommendation to the Council. This will be done on July 10th. The Mayor suggested the discussion on variances be postponed to a later date. Council noted Cherry had resigned from the Planning Commission and requested Lorrie Ham, from the Laker Newspaper put an article in the newspaper stating Spring Park is seeking another Commissioner. c) Park Survey Results 0 This item was tabled for the next meeting. CITY OF SPRING PARK REGULAR MEETING - June 17, 1991 Page 3 d) Miscellaneous Mr. and Mrs. Schultz, 4357 Channel Road and Mr. Cleary from Cleary Construction were present. They had orginally requested a 7 foot variance to convert a deck to a three season porch. Council had suggested a restriction of removal on their deed which would call for removal of the porch if the property were to be sold. Their attorney indicated this would not be a wise decision. They presented a new plan which would need a 3 foot variance. They were asking the Council if they felt it should be pursued because it would require a public hearing. Weeks stated the proposal had some merit. Kraemer stated he did not feel there was a hardship, only medical reasons. Cleary stated the hardship was the use of the property. Mrs. Schultz stated she would get a medical report from her doctor. Thurk and Dill stated they thought it would be beneficial to return the application to the Plann- ing Commission. The Mayor stated this will still make the property non -conforming. Ken Adolf, the City Engineer was present. He placed a drawing of Lafayette Lane on the board to discuss improvements. Easements and ownership of property east of the Ortenblad property was discussed. The holding pond was also under question, Ken Larson reminded the • Council the City did not want the responsibility of the holding pond and there is no easement on file. The holding pond is not in the TIF district. Ken Adolf stated the holding pond was designed to drain all of the Ortenblad property and County Road 15 run-off. The Attorney will determine ownership of the properties in question and the Engineer will approach the owners about easements. Lot 3 was also discussed, this property had been combined, the Attorney suggested it be subdivided again if it was not purchased by Presbyterian Homes. The Attorney and the Engineer suggested meetings with the property owners in an attempt to negotiate easements. This will be discussed again at the next meeting. 6. ORDINANCES & RESOLUTIONS a) Resolution 91-17 - Promoting Recycled Materials for Construction The Administrator read Resolution 91-17 - Promoting the Use of Materials With Recycled Content in Publicly Funded Construction and Remodeling Projects. Hennepin County was seeking approval from the City to consider recommend- ing using recycled materials in the City's purchase of products for publicly funded construction. If the City adopts such a policy by July 1, 1991 the City would receive an additional 10 percent reimbursement for its recycling program expenses. L� • CITY OF SPRING PARK REGULAR MEETING - June 17, 1991 Page 4 Motion by Weeks second by Thurk to adopt Resolution 91-17 if it did not mandate spending more money. The Mayor suggested an item #8, stating this be added to the Resolution. All votes were aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - June 6, 1991 - Noted 2. Police Commission - June 12, 1991 The Mayor stated he had received a letter from the City of Orono regarding screening for a new police chief. The Mayor asked if anyone would like to serve on the committee for this selection, he also stated final selection will be made by the Orono City Council. Motion by Weeks second by Kraemer to recommend the Mayor be the Spring Park representative for the selection of a new Police Chief. All votes were aye. Motion declared carried. Motion by Rockvam second by Weeks to draft a commendation, to be read at the retirement dinner for Chief Kilbo, for his service. All votes • were aye. Motion declared carried. Weeks inquired about a Council member replacement for Ron Kraemer. Kraemer is moving from the City, his term would expire on December 31, 1992. Council requested an item be put in the Laker Newspaper for potential candidates. b) Council Kraemer Kraemer requested the van driver for Lord Fletcher's Restaurant be asked to slow down because of speeding. Weeks - No Report Thurk inquired about mowing the weeds on the empty Trask lot on Shore- line Drive. Mr. Trask will be notified. Thurk also noticed the milfoil cutters were working on Saturday and Sun- day and wondered if they were paid overtime. Dill - No Report c) Engineer Adolf reported easements needed for the proposed Yacht Club have been completed. The Mayor suggested Dick Putnam be contacted about their • building plans. CITY OF SPRING PARK REGULAR MEETING - June 17, 1991 Page 5 0 d) Utility Superintendent The Utility Superintendent stated patching of pot holes will begin tomorrow. The Mayor had received a complaint about a pot hote on Togo Road. Weeks inquired about painting the water tower. The Utility Superintendent stated we are waiting for recommendation on the collar that needs re- placement. Ken Adolf will send a letter to Chicago Bridge & Iron be- cause they were the original contractors. Adolf suggested the City obtain bids this winter for painting, and paint the water tower in Spring. e) Administrator 1. July Calendar - Noted 8. CLAIMS FOR PAYMENT Motion by Kraemer second by Weeks to approve the claims for payment. Upon roll call Rockvam, Kraemer, Weeks, Thurk and Dill all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None • 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Letter - Gen Olson - 6/5/91 - Re: Legislative Session b) AMM Bulletin - 6/6/91 c) Letter - Metropolitan Council - 5/31/91 d) LMC - 6/7/91 - Re: Governor's Veto of Tax Bill Provisions e) The Link - Spring 1991 f) Letter - Eric Tischler - 3842 Northern Ave. - Re: Spring Clean -Up g) Hennepin County 1990 Traffic Flow Map h) Information - Re: Filling Vacancies i) Zoning Ordinance Pages #k56 j) Minnesota Association of Small Cities k) Letter to LMCD - Tonka Bay - 6/12/91 1) Metro Council - 6/13/91 - Re: Review of LMCD Draft Plan The Mayor suggested the LMCD budget be put on the next agenda for discussion. 11. MISCELLANEOUS An award was presented to Ron Kraemer because of his resignation. His years of service were from 1981 to 1991. 12. ADJOURNMENT • Motion by Weeks second by Thurk to adjourn the meeting at 9:13 p.m. All votes were aye. Motion declared carried. . . a��, 11�'a� Secretary Administrator/Clerk/Treasurer E • 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT June 17. 1991 A T & T Credit Corp. American Linen Supply Co. Awards, Inc. Brooks' Foods, Inc. Browning -Ferris Industries Chemlawn Coast to Coast - Mound Froehling, Anderson, Plowman & Gopher State One -Call, Inc. Head, Hempel, Seifert & Vander Hennepin County Assessor Ingman Laboratories Keller, Gregory E., P. A. Knutson Services, Inc. Konica Business Machines, Inc. Lake Business Supply Lakeland Eng. Equip. Co. The Laker Lowell's Auto Egnell, Ltd. Weide Metro Waste Control Comm. MN Clerk's & Finance Officers Assn. Navarre Hdwe Northern States Power Co. NW Assoc. Consultants, Inc. Orono, City of Pitney Bowes, Inc. SOS Printing Schoell & Madson, Inc. Sterne Electric Co. U. S. Postmaster U. S. West Communications 93.47 4.50 73.54 41.75 175.22 478.00 159.99 285.00 26.46 6199.06 6633.56 8.00 1170.00 398.75 131.88 95.94 133.37 589.10 14.16 8266.00 25.00 88.40 1289.39 143.43 333.00 50.25 59.70 153.60 184.38 11.25 115.72 27,431.87 • n LJ CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING July 1, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - June 17, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Dick Putnam - Yacht Club - 4165 Shoreline Drive b) LMCD - Doug Babcock c) LMCD Budget - Tonka Bay Comments d) Park Survey Results e) Miscellaneous 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Council Weeks Thurk Dill c) Engineer - Lafayette Lane Easements Update - Letter June 26, 1991 d) Utility Superintendent e) Administrator 1. Building & Sign Report - June 1991 2. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) LMCD - Minutes - May 22 & June 17, 1991 b) LMCD - Lake Tour & Luncheon - August 3, 1991 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES REGULAR MEETING July 1, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Thurk second by Weeks to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - June 17, 1991 Motion by Weeks second by Dill to approve the minutes of June 17, 1991. All • votes were aye. Motion declared carried unanimously. 5. PETITIONS, REQUESTS & APPLICATIONS a) Dick Putnam - Yacht Club - 4165 Shoreline Drive Jack Dennis and Les Renner were present to represent the R.D.P. Partners. Council had requested an update of the project because construction had been anticipated to start this spring. Mr. Dennis and Mr. Renner ex- plained the building has not been started because of financing, they are actively looking for financing or other alternatives, such as expanding the partnership. They are keeping their dock permits current with the LMCD. They stated they have a significant investment and want to see the project completed, they have building plans ready to go. The Mayor suggested they keep in touch and report to the City on a monthly basis. b) LMCD - Doug Babcock c) LMCD Budget - Tonka Bay Comments Mr. Babcock was not present. This will be discussed at a future date. e) Miscellaneous Reimbursement of Presbyterian Home's Application Fee . Presbyterian Homes are seeking approval from the City for Housing Revenue Bonds to finance the purchase of the Ortenblad complex. CITY OF SPRING PARK REGULAR MEETING - July 1, 1991 Page 2 An application fee of $40,000.00 had been presented to the City which is 1/2% of one percent of the principal amount of the proposed bond issue. Presbyterian Homes had requested a refund of the unused portion. Ken Larson, the City Attorney prepared a document and a letter dated July 1, 1991 pertaining to partial reimbursement under some circumstances. Motion by Weeks second by Dill to sign the Reimbursement Agreement according to the recommendation of Ken Larson. Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. d) Park Survey Results The Mayor suggested the Park Survey be placed on the Pending Project List for future reference and also involve the City Planner. He also suggested a person on the Planning Commission with young children be considered. The Administrator reported Alan Brixius, the City Planner is currently working on the Shoreland Ordinance and the Comprehensive Plan Update. The Administrator also stated the Flood Plain Ordinance needs to be updated before September 1st. Miscellaneous • Tom Geffre and his son Dan were present. They stated they were not happy with the type of operation at Get -It -Rent A Car, 4478 Shoreline Drive, owned by John Valek. Mr. Geffre was informed the property was zoned commerical, but the City does not issue a license for a car dealership. The Mayor stated this would be considered a civil matter, but the City could send Mr. Valek a letter stating the City had received his complaint. 6. ORDINANCES & RESOLUTIONS - There were none. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor The Mayor reported on the retirement party at the Woodhill County Club for Mel Kilbo, Orono's Police Chief. Gary Cheswick will be acting Police Chief until a replacement is found for the position. b) Council Weeks Weeks noted there has been illegal parking on Sunset Drive during the Little League games and also on Saturday nite at Lord Fletchers, he was concerned with safety. The Mayor requested the acting Police Chief • be contacted to halt the illegal parking. CITY OF SPRING PARK REGULAR MEETING - July 1, 1991 Page 3 • Thurk - No Report Dill Dill asked how it was determined in which bays the milfoil would be cut. The Mayor stated West Arm Bay is now being cut and the harvesters average about 50 acres a day. c) Engineer - Lafayette Lane Easements Update - Letter June 26, 1991 The Engineer reported on a meeting with Fritz Widmer, Ted Kemna and the Administrator on June 26th. The meeting was an attempt to negotiate needed easements for improvements on Lafayette Lane. Mr. Widmer and Cheryl Edstrom have orally agreed to give the City needed easements. The Engineer stated nothing could be done until the back taxes are paid, he suggested doing the project in the Spring of next year. Council requested the Engineer obtain the necessary easements and schedule a public hearing for this Fall. The catch basin on County Road 125 and Channel Road was discussed, this project was intended to be done along with another project but the Mayor suggested it be completed this year. He instructed the Engineer to obtain quotes. • d) Utility Superintendent Due to heavy rains the Utility Superintendent requested a meeting with the Engineer on the Northern Avenue drainage. The Utility Superintendent stated a wall along the B & C Heating building needed to be replaced because of the sediment running to the catch basin, he also suggested a swale along side of the Rockvam building. e) Administrator 1. Building & Sign Report - June 1991 - Noted 2. Knutson Recycling Report - It was noted the amount of recycled material has been increasing, and also the reimbursement portion to the City. 8. CLAIMS FOR PAYMENT Motion by Weeks second by Thurk to approve the claims for payment. Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS Weeks inquired about a replacement of a Council member. Interviews are scheduled for the next meeting. CITY OF SPRING PARK REGULAR MEETING - July 1, 1991 Page 4 10. NEW BUSINESS & COMMUNICATIONS a) LMCD - Minutes - May 22 & June 17, 1991 - Noted b) LMCD - Lake Tour & Luncheon - August 3, 1991 The LMCD is offering a lake tour and luncheon for public officials on August 3, 1991. The Mayor recommended attendance. 11. MISCELLANEOUS The Administrator stated the Planning Commission and Council had been sent a memo to guide them when considering variances. 12. ADJOURNMENT Motion by Thurk second by Dill to adjourn the meeting at 8:40 p.m. All votes were aye. Motion declared carried. Secretary Administrator/Clerk/Treasurer • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT July 1, 1991 1. A-1 Mtka Rental 21.94 2. ARA Cory Refreshment Services, Inc. 36.00 3. Brooks' Foods, Inc. 47.80 4. Cellular One 9.28 5. DPC Industries, Inc. 24.97 6. Gray, Ron Excavating 414.00 7. Keller, Gregory E., P. A. 1170.00 8. Lake Minnetonka Conservation District 1087.25 9. Long Lake Ford Tractor, Inc. 64.54 10. The Map Store 46.00 11. Minnegasco 187.63 12. Mound, City of (Fire) 8792.25 13. Northern States Power Co. (Street Lights) 834.83 14. Orono, City of 440.00 15. Pitney Bowes 54.00 16. Don Wendling 15.00 . 13,245.49 June payroll: 6/15 D. Osmonson 56.00 PERA 315.33 6/30 D. Osmonson 56.00 PERA 317.95 Marq. Bank 1997.82 Physicians Heal. 827.00 Comm. Ins. 22.65 3592.75 • CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA PUBLIC HEARING & REGULAR MEETING July 15, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA • 4. APPROVE MINUTES - July 1, 1991 5. OPEN PUBLIC HEARING - a) Presbyterian Homes - Planning Commission Recommendation CLOSE PUBLIC HEARING b) Variance Applications 1. Barry Schultze - 4357 Channel Road Planning Commission Recommendation 2. Scott Truempi - 3804 Budd Lane Planning Commission Recommendation c) Patrick O'Flanagan - Request for Parking Provision d) P.M. pizza Enterprises - Amusement Device License e) Shoreland Ordinance Proposal - Budget Acceptance f) Doug Babcock - LMCD Budget • g) Appointment of Council Member 6. ORDINANCES & RESOLUTIONS a) Resolution 91-21 Authorizing the Execution of Agreement with Hennepin County for CDBG b) Resolution 91-22 Adopting A Program & Giving Preliminary Approval To. A Project & Its Financing, Under MN Statutes c) Resolution 91-23 Giving Preliminary Approval to A Project on Behalf of Presbyterian Homes of MN, Inc. or Its Designated Affiliate & Authorizing The Issuance of One or More Series of Revenue Bonds or Notes of the City; Referring the Proposed Project to the Department of Trade and Economic Development for Approval & Authorizing the Preparation of Documents 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission Minutes - July 9, 1991 2. Administrative Committee - July 11, 1991 b) Council Weeks Thurk Dill c) Engineer d) Utility Superintendent e) Administrator 1. August Calendar 2. Miscellaneous 8. CLAIMS FOR PAYMENT CITY OF SPRING PARK . AGENDA - July 15, 1991 Page 2 UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Letter of Resignation - Carol Cherry b) Public Hearing - Metro Transit Commission • c) Hennepin County - Tree Disposal Site d) Hennepin County - Hazardous Waste Collection 11. MISCELLANEOUS 12. ADJOURNMENT 0 CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES PUBLIC HEARING & REGULAR MEETING July 15, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk and Dill were present. 3. ADOPT AGENDA Motion by Thurk second by Weeks to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - July 1, 1991 Motion by Dill second by Thurk to approve the minutes of July 1, 1991. Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. • 5. OPEN PUBLIC HEARING a) Presbyterian Homes - Planning Commission Recommendation The public hearing was opened at 7:32 p.m. Findings of Fact Presbyterian Homes are seeking approval from the City for Housing Revenue Bonds to finance the purchase of the Ortenblad complex. The Planning Com- mission had discussed and reviewed the criteria for evaluation of revenue bonds at their meeting on July 10, 1991 and had recommended approval. The Administrator read the minutes and the Planning Commission recommendation. Ken Larson, the City Attorney, Debra Strehlow from the Bond Counsel, Dan Lindh, Vice President of Presbyterian Homes and a representative from Piper, Jaffray and Hopwood were present. They were seeking approval of two Resolutions, adopting a program and preliminary approval of the project in behalf of Presbyterian Homes. It was explained that the TIF District would remain the same and only the Nursing Home will be tax exempt, and Presbyerian Homes will offer approxi- mately 16% of the present tax amount in lieu of the taxes. Ken Larson explained this amount will vary from year to year according to the apprais- ed valuation. The bond issue will be 71/2 to 8 million, and the underwritter of the bonds are taking the largest risk. The City of Spring Park residents �J CITY OF SPRING PARK PUBLIC HEARING & REGULAR MEETING - July 15, 1991 Page 2 would not be responsible in case of default. Private investors will be buying the bonds. The Mayor was concerned about future payments. Stehlow explained at that point Presbyterian Homes would then make up the difference. In accordance with State law each nursing home must submit a financial statement, and they are also required to keep records for the Department of Human Services. They stated they will be adding people to the nursing home staff and would like to add a green area to the east of the property. The Mayor asked if the green area would also be tax exempt. Ken Larson stated it would depend on how it is used, but the Vice President stated they would not contest taxes on any of the other property. It was determined there will be two separate contracts: 6.3 million for the nursing home and 1.4 million for the Pal, Court and the Villa. Ken Larson will draft two agreements for Council auproval. Various contracts will be ready at the time of closing for final approval. The closing date is set for August 22nd or 23rd and this is agreeable with the R.T.C. (Resolution Trust Corpora -Lion) CLOSE PUBLIC HEARING Motion by Weeks second by Thurk to close the public hearing at 8:10 p.m. All votes were aye. Motion declared carried. Motion by Weeks second by Dill to amend the agenda and move it to 6 b and 6 c regarding the Presbyterian Homes. All votes were aye. Motion declared carried. 6. ORDINANCES & RESOLUTIONS b) Resolution 91-22 - Adopting a Program and Giving Preliminary Approval to A Project and Its Financing, Under Minnesota Statutes, Chapter 462C and Authorizing Submission of the Program to the Minnesota Housing Finance Agency For Review. Motion by Weeks second by Dill to adopt Resolution 91-22. All votes were aye. Motion declared carried unanimously. c) Resolution 91-23 - Giving Preliminary Approval To A Project On Behalf of Presbyterian Homes of Minnesota, Inc. Or Its Designated Affiliate And Authorizing The Issuance Of One Or More Series of Revenue Bonds Or Notes Of The City; Referring The Proposed Project To The Department Of Trade And Economic Development For Approval; And Authorizing The Preparation of Necessary Documents. Motion by Weeks second by Dill to adopt Resolution 91-23. Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. Ken Larson will draft documents for the meeting. Final approval will be acted on August 19, 1991 by the City Council. C� CITY OF SPRING PARK PUBLIC HEARING & REGULAR MEETING - July 15, 1991 Page 3 0 The agenda was moved back to 5 b b) Variance Applications 1. Barry Schultze - 4357 Channel Road Planning Commission Recommendation - The Administrator read the Planning Commission recommendation. A public hearing was held on July 10, 1991 regarding the Schultze's new proposal. They were seeking a lake set back variance of 3 feet and a side yard variance of 8 inches to build onto the kitchen area and replace an existing non -conforming deck. The Planning Commission had recommended approval. Motion by Weeks second by Thurk to open for discussion. Rockvam stated a variance approval needed to be related to improving the property and not related to people. He stated the existing deck is still encroaching into the 50 foot set back area. Mr. Cleary was present to represent the Schultze's and stated they were trying to compromise. Weeks asked if there was a way to reduce the non -conformity, he asked if the stairway could be moved around the corner. Upon roll call Rockvam and Weeks voted no, Thurk and Dill voted yes. The motion was declared to fail. The Mayor stated he understood the physcial problem, but it was too much of an en- croachment and there is no tree or an easement involved to rectify a variance hardship. 2. Scott Truempi - 3804 Budd Lane Planning Commission Recommendation - The Planning Commission held a public hearing on July 10th, 1991. The minutes were read by the Administrator. The Planning Commission recommended the variance be denied because of the lot size. A letter opposing the project had been received from Wm. Naegele. Mr. Truempi owner of the property was present. He was seeking a lot size variance to build a new 3 bedroom, 2 story house and remove the present cabin, he also was requesting a side yard variance of 5 feet to accommodate the new structure. Mr. Truempi's lot size is 4,760 square feet but it is a lot of record. Mr. Truempi cited reasons for the needed variance and stated he was not aware at the time of purchase that he would have a problem because of the lot size. He also stated the new structure would be an improvement to the present non -conformity. Motion by Rockvam second by Dill to approve the variance application. Weeks stated it was too much house for the extremely small lot and it would establish a poor precedent. Rockvam said a lot of record • is buildable if it can meet the set back requirements. He asked if 0 CITY OF SPRING PARK PUBLIC HEARING & REGULAR MEETING - July 15, 1991 Page 4 the house could be changed to fit the lot? He stated he would have to vote against the proposal. Mr. Truempi stated they like living in Spring Park, hope to live here a long time, they liked the locat- ion and activity, but they needed more space. If the variance would not be approved they would add onto the cabin. Upon roll call Rock- vam, Weeks, Thurk and Dill all voted no. The motion was declared to fail. c) Patrick O'Flanagan - Request for Parking Provision Mr. O'Flanagan has scaled down his originally proposed office build- ing with off -site parking at 4381/87/89 Pattee's Lane. He was now requesting postponement of constructing the parking lot until the space would be needed. He needs 39 spaces for the size of the build- ing and has 26 on -site parking spaces. He stated until the spaces are needed he would like to have green area there for the time being. The City Planner, Alan Brixius suggested a deed restriction be filed with the County giving the City of Spring Park options to future development. Mr. O'Flanagan presented a Declaration of Restrictions which would also prevent the sale of the property. Mr. O'Flanagan stated for now 1/3 of the building space will be used, and did not feel the spaces would be needed. Ken Larson stated this is not unheard of but it could be accomplished • with a variance. Weeks requested Ken Larson approve the language in the Restriction. The Administrator stated the Building Inspector could issue a partial certificate of occupancy. O'Flanagan asked if the document drawn up was not acceptable. The Mayor stated it will be checked and it will be on the next agenda. d) P.M. Pizza Enterprises - Amusement Device License P.M. Pizza Enterprises is seeking approval for a mechanical amusement device at 4673 Shoreline Drive for 8 machines. Motion by Weeks second by Thurk to approve the application for the amusement devices. All votes were aye. Motion declared carried. e) Shoreland Ordinance Proposal - Budget Acceptance Alan Brixius, the City Planner from Northwest Associated Consultants, Inc. presented a proposal for adopting the Shoreland Ordinance and a budget to cover the costs tailored to the City's needs. The cost is $6,700.00 and $150.00 would be billed after 4 meetings. These costs can be reimbursed by the DNR for 50% of actual costs. Motion by Rockvam second by Dill to approve the cost of the Shoreland Ordinance proposal. All votes were aye. Motion declared carried. CITY OF SPRING PARK PUBLIC HEARING & REGULAR MEETING - July 15, 1991 • Page 5 f) Doug Babcock - LMCD Budget Doug Babcock was present, he stated the LMCD has officially adopted the 1992 budget. The Mayor stated he agreed with Tonka Bay that their increases were too high. Babcock stated the overall increase was approximately 10%, with a 3% levy increase to Cities. He reported on docks, milfoil, harvesting and chemical tests for the milfoil. g) Appointment of Council Member Ronald Kraemer resigned from the Council at the end on June because he has moved out of Spring Park. His term expires December 31, 1992. A new Council person is being considered to fill the unexpired term. Two letters of intent were received at the City office: J. Mork Bredeson, 3848 Sunset Drive and Peter van Beek, 4428 West Arm Road. Mr. van Beek is a current Planning Commission member. Carl Widmer, a former Council person living at 3882 Sunset Drive also stated he would like to be considered. Motion by Rockvam second by Thurk to adjourn at 9:40 p.m. to the office to conduct private interviews. All votes were aye. Motion declared carried. Council resumed the meeting at 10:05 p.m. The candidates interviewed were: J. Mork Bredeson Peter van Beek Carl Widmer By ballot there were two votes for Carl Widmer, one vote for Peter van Beek and one vote for J. Mork Bredeson. The Administrator then suggested a motion be made and it should be voted up or down. Council decided to try the ballots again, this produced three votes for Carl Widmer and one vote for Peter van Beek. Motion by Rockvam second by Weeks to appoint Carl Widmer for the unexpired term. Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. The Mayor inquired if J. Mork Bredeson would consider being a candidate for an opening on the Planning Commission, she said she would be interested. The Mayor also asked Peter van Beek if he would remain on the Planning Commission and he replied yes. Motion by Rockvam second by Weeks to send letters to Scott Truempi and Barry Schultze regarding their variances to inquire if they would like to come back for a re -consideration by full Council. All votes were aye. Motion declared carried. CITY OF SPRING PARK PUBLIC HEARING & REGULAR MEETING - July 15, 1991 Page 6 • h) A cigarette License Application was received from Langdon Foods, Inc. (formally Town & County Foods) Motion by Weeks second by Thurk to approve the cigarette license for Langdon Foods at 4695 Shoreline Drive. All votes were aye. Motion declared carried. The agenda was moved back to 6 a 6. ORDINANCES & RESOLUTIONS a) Resolution 91-21 - Authorizing Mayor & City Administrator to Execute Subrecipient Agreement With Hennepin County For The Urban Hennepin County Community Development Block Grant Program. Motion by Weeks second by Thurk to adopt Resolution 91-21. All votes were aye. Motion declared carried. A letter dated July 12, 1991 from the DNR was received regarding Shore - land Management Grant Agreements and the Technical Review Committee for Lake Minnetonka Communities. Motion by Weeks second by Rockvam to appoint the City Planner, Alan Brixius to represent Spring Park on the TRC (Technical Review Committee). • Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission Minutes - July 9, 1991 The Mayor reported Lt. Cheswick is one of the five final candidates for the new Orono Police Chief. 2. Administrative Committee - July 11, 1991 It was noted Bayview Condos has continued their $1,000.00 per month payment for availability charges. The committee suggested a 4% increase should be included in the proposal for the preliminary 1992 budget discussion. The committee also reviewed the Pending Project List. b) Council Weeks - No Report Thurk - No Report Dill - No Report c) Utility Superintendent - No Report is d) Administrator 1. August Calendar - Noted n L J CITY OF SPRING PARK PUBLIC HEARING & REGULAR MEETING - July 15, 1991 Page 7 8. CLAIMS FOR PAYMENT Motion by Thurk second by Dill to approve the claims for payment including a bill from Scheell & Madson for $1,743.02. Upon roll call Rockvam, Weeks, Thurk and Dill all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS It was noted there will be a LMCD Management Plan meeting on July 17th. 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Letter of Resignation - Carol Cherry b) Public Hearing - Metro Transit Commission c) Hennepin County - Tree Disposal Site d) Hennepin County - Hazardous Waste Collection e) Metro Transit Commission - July 10, 1991 f) Dakota Rail - July 10, 1991 g) Letter - DNR - Re: Shoreland Management h) Metro Council - Re: LMCD Draft Plan Meeting - July 17, 1991 A letter of resignation from the Planning Commission, was received from Carol Cherry stating she has moved out of the City. She thanked everyone • for the opportunity to participate in the community planning functions. Council requested a letter be prepared for the next meeting for Council's signature. A letter was received from Hennepin County regarding a tree disposal site in Maple Grove. Thurk inquired about the location and Dill inquired about the rates. This will be checked. A letter dated July 10, 1991 was received from Dakota Rail, Inc. (Elli Mills). They are prepared to offer a lease of $3,500.00 per year for an indefinite term with an escalator of 4% per year for the first 5 years and then 5% per year after that for roadways, utility pipelines and fences. The City Attorney will review the proposal and have a recommendation for the next meeting. 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Weeks second by Thurk to adjourn the meeting at 10:32 p.m. All votes were aye. Motion declared carried. Secretary Administrator/Clerk/Treasurer 0 NAME, btba /'77z ,A . r� PLEASE SIGN IN July 15, 1991 ADDRESS �� U�t.Q. � i��fi �=� Uhl ✓ILGLc� 0 0 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT July 15, 1991 A T & T Credit Corp. A T & T MN Branch American Linen Supply Co. American National Bank Anthony's Floral Blackowiak & Son Brooks' Foods, Inc. Browning Ferris Ind. Froehling, Anderson, Plowman & G & K Services Gopher State One Call, Inc. Gray, Ron Excavating Head, Hempel, Seifert & Vander Hennepin County (Workhouse) Ingman Laboratories, Inc. Knutson Services, Inc. League of MN Cities Lowell's Auto The Map Store Metro Waste Control Comm. Minnesota, State of (Sales tax) " 11 (Sur Chg.) National City Bank Navarre Hdwe. Northern States Power Orono, City of Police 65, Osmonson, Patricia U. S. Postmaster U. S. West Communications 30. Schoell & Madson, Inc. Wasmuth, Ltd. Weide 123.50 BI 814.88 93.47 34.74 4.50 87,925.00 53.00 62.54 71.18 97.00 205.00 57.00 20.00 1395.00 3933.70 206.82 7.00 398.75 958.00 23.55 5.00 8266.00 175.39 114.72 80,050.67 74.55 2182.67 65,938.38 86.25 400.00 115.92 252,955.80 1,743.02 254,698.82 • r,IL • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING August 5, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER OATH OF OFFICE - Carl Widmer 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - July 15, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Patrick O'Flanagan - Request for Parking Provision b) Barry Schultze - 4357 Channel Road - Variance Reconsideration c) HRA - New Members d) Presbyterian Homes - Ken Larson - Letter - August 1, 1991 e) Dakota Rail - Letters - July 30 & July 31, 1991 f) Knutson - Letter - July 30, 1991 - Contract Extension g) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Resolution 91-24 - Adopting a Moratorium on Impervious Surface 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Meeting - August 1, 1,991 b) Council Weeks Thurk Dill Widmer c) Engineer d) Utility Superintendent - I/I Report - Letter Schoell & Madson - July 1991 e) Administrator 1. Update of Appointments 2. Building & Sign Report 3. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Community Health Department - 7/8/91 - Re: Health Services b) State of Minnesota Senate - 7/15/91 - Re: Tax Bill c) LMCD Minutes - June 6, July 13 & 15th 1991 11. MISCELLANEOUS a) Letter - Carol Cherry - Requiring Signatures 12. ADJOURNMENT • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES REGULAR MEETING August 5, 1991 7:30 pm - City Hall 1 CALL TO ORDER The meeting was called to order at 7:30 p. m. by Mayor Rockvam. 2. OATH OF OFFICE Mr. Carl Widmer was sworn in and took the oath of office for a term expiring December 31, 1992. Mr. Widmer was appointed to replace Ron Kraemer who re- signed June 30, 1991 because of his move from the City. 2. a ROLL CALL Rockvam, Weeks, Thurk, Dill and Widmer were present. 3. ADOPT AGENDA • Motion by Weeks, second Thurk to adopt the agenda as presented. Upon vote the motion was declared carried. 4. APPROVE MINUTES - July 15, 1991 Motion by Weeks second Dill to approve the Minutes of July 15th, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Patrick O'Flanagan - Request for parking provision. Mr. O'Flanagan was present and reviewed his request to postpone development of his parking lot to the north of Pattee's Lane. He is ready to start construction in two weeks on his commercial building at 4388 Shoreline Drive. Mr. O'Flanagan had previously requested the rezoning of the Pattee's Lane lot to accommodate his parking lot since the off street parking could not be satisfied on the building lot. The Council had approved the rezoning and the stormwater management plan previously submitted. Mr. O'Flanagan now is requesting relief for the need to install this parking lot and the stormwater management provisions at the present time. He has reduced the original size of his building and he stated he does not need the parking that is required by the ordinance. He stated his reasons were that his business does not • need that much parking at the present time and the cost of installation drives the cost of the project too high. He added that at the time of any expansion (new employees or a tenant) the lot would then be developed. • CITY OF SPRING PARK MINUTES - August 5, 1991 Page 2 Mr. O'Flanagan proposed to give the City a deed restriction or any other document the Council feels is necessary. The Mayor asked Mr. O'Flanagan if he had recalculated his parking needs since he reduced the size of his building. Mr. O'Flanagan stated the ordinance calls for 39 spaces and he can provide 26 including 8 underground. The Mayor asked the Council if they wished to discuss a deed restriction or con- sider Mr. O'Flanagan's request. The City Attorney cautioned the Council that it is possible to place a deed res- triction but Council should not act arbitrarily in enforcing its rules. Motion by Weeks second Widmer to grant Mr. O'Flanagan's request for postponement of the installation of the parking lot. In discussion Council felt the ordinance should not be relaxed on parking requirements. Other developers must also comply. Upon roll call Rockvam, Thurk and Dill voted no; Weeks and Widmer voted aye. Motion declared failed. • b) Alice & Barry Schultze - RECONSIDERATION OF VARIANCE 4357 Channel Road Mrs. Schultze was present and reviewed her request for lakeshore variance to add on to their house at 4357 Channel Road on the lake side. She questioned a variance that had been granted recently to the Yacht Club for a Lakeshore set back. The Mayor replied that the adjoining properties of the Yacht Club both were closer to the lake than the Yacht Club and this criteria was used by the DNR. However, in this case Mrs. Schultze's deck already encroaches in the lakeshore set back and would be ahead of any neighboring buildings. Motion by Dill second Thurk to approve the Variance. Upon roll call Rockvam, Thurk and Dill voted aye; Weeks & Widmer voted no. Motion declared failed. (Variance needs a 4/5's vote to pass.) c) HRA - New Members The City Attorney pointed out that the City must update it's HRA membership to include new Council members and to administer the oath of office to each. Motion by Weeks, second Thurk to Adopt Resolution 91-25 appointing all the members of the City Council as members of the HRA. Upon call all votes were aye, motion was declared carried. The Administrator read the members oath of office which was then signed by each • member. CITY OF SPRING PARK • MINUTES - August 5, 1991 Page 3 d) PRESBYTERIAN HOMES Ken Larson had requested time on this agenda to review with the Council all the needed agreements and approvals that will be presented on August 19, 1991. Presbyterian Homes is seeking approval for Housing Revenue Bonds in the approximate amount of 7.5 million dollars in their effort to purchase the Twin Birch Nursing HOme and adjoining apartments. Mr. Larson presented a chart showing what will happen, why and how. He explained the seventeen different documents, their purpose and how they each relate to the City. He felt explanation ahead of the August 19th meeting would save time and questions at that meeting. Council appreciated Mr. Larson's complete and thorough explanation and had their questions answered. The Council was aware that the nursing home will be tax exempt as to property taxes and Mr. Larson explained that Presbyterian Homes has agreed to pay the City an amount equal to the City's share of what the property taxes would be if they were not tax exempt. He further stated that this agreement was only for the duration of the out- standing Revenue Bonds. The Council felt they wanted some agreement beyond the life of the bonds. Mr. Larson said he would suggest this to Presbyterian Homes. Finally, Mr. Larson stated all the documents are on file for review. e) DAKOTA RAIL Mr. Larson wished to discuss the proposal from Elli Mills and the City's possible options in response but felt that due to possible litigation, this discussion should take place in Executive Session. Motion by Widmer second Weeks to proceed into the office for an executive session. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer voted aye. Motion declared carried. The meeting temporarily adjourned at 9:10 PM. The Council returned and reconvened at 9:35 P. M. f) KNUTSON SERVICES - RECYCLING PROPOSAL A letter had been received from Knutson explaining they are now prepared to collect magazines and catalogs and are offering that option to the City. They stated that presently the cost of disposal is costly but in lieu of charging the City Knutson asks that their present contract with the City be extended by one year which would be 1994. • The Administrator recommended the City accept the offer and extend the contract. CITY OF SPRING PARK • MINUTES - August 5, 1991 Page 4 Motion by Weeks second Widmer to accept Knutson's offer and approve the one year contract extension. All votes were aye. Motion declared carried. g) MISCELLANEOUS - NONE 0. ORDINANCES & RESOLUTIONS a) Resolution 91-24 - Adopting a Moratorium on Impervious Serface The Mayor had requested a moratorium be drafted to prevent any projects from being approved which did not comply to the DNR's guideline of 25% limit on impervious surface. Motion by Weeks second Thurk to adopt Resolution 91-24. Upon call all votes were aye, motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor - The Mayor reported that he had attended a farewell dinner for Mark Bernhardson, Orono Administrator, and that John Gerhardson is presently the acting administrator. • The Mayor also reported that a new police chief had been hired by Orono. He added that the contracting cities did have a vote on the selection. The Administrative Committee minutes were noted. The Mayor was informed that the County intended to place a 2" overlay of black- top on CSAH 51 this construction season but there has been some delay on the project. The City has been asking the County for the installation of bike/walking paths along this road. It was suggested that Dennis Hanson of Hennepin County be invited to attend a meeting to discuss with the Council the feasibility of proposing more permanent improvements, such as bike paths, walking paths and drainage. Possibly this could be included in their 5 year capital improvement program. The County will be contacted. b) Weeks - Mr. Weeks asked if anything could be done to eliminate the weeds in the sidewalk cracks. Goman stated they can be sprayed with weed killer. Some of the sidewalks have already been sprayed. Thurk and Dill had no report. Widmer inquired about the catch basin project on Channel Road. The Engineer is working on it. c) Engineer - Was excused. • d) Utility Superintendent An I/I Report was presented for Council's information. CITY OF SPRING PARK MINUTES - August 5, 1991 Page 5 7 e) Administrator 1. There are several appointments to which Mr. Kraemer had been assigned and the Administrator stated new appointments should be made. The assignments were ACTING MAYOR, OFFICIAL SIGNATURES and ALTERNATE REPRESENTATIVE on the CABLE COMMISSION. Motion by Weeks second Thurk to appoint Carl Widmer to all three. Upon call all votes were aye, motion declared carried. 2. Building and sign report for July was noted. 8 CLAIMS FOR PAYMENT Motion by Weeks second Thurk to pay all bills. Upon roll call Rockvam, Weeks, Thurk, Dill & Widmer voted aye, motion declared carried. 9 UNFINISHED BUSINESS - None • 10 NEW BUSINESS AND COMMUNICATIONS A) Community Health Department - 7/8/91 B) State of Minnesota Senate - 7/15/91 Re: Tax Bill C) LMCD Minutes of 6/6, 7/13 & 15, 1991 11 MISCELLANEOUS A) A letter of appreciation had been drafted to Carol Cherry upon her resignation from the Planning Commission. This was signed by all Councilmembers. B) Mr. Weeks announced he would not be able to attend the next meeting on August 19, 1991. 12 ADJOURNMENT Motion by Weeks second Widmer to adjourn at 10:10 P. M. Motion declared carried. -d—minis ra or er< Treasurer 11 No. 206—Oath of City Officer Miller -Davie 6tate of Ainnvgota, Countyof... ...... ..HENNEP.IN...................................... ss. ........CLTY...OF...SPRING PARK I ............Carl.......W.idmer....do solemnly swear ................................................................................................................................................................ , ..........................................................................................that I will support. the Constitution of the United States and of the State of .Minnesota, and faithfully disoharge the duties of the office j2ce of .... o u n c i .1 ....Mem.b.e.r .................................................. of the......9.1t.Y......................... of ............... Spri.ng... Park ........................... in the County Of.........Hennepin and State of Minnesota, to the best of my judgment and ability. So help me Clod. Term Expires - December 31, 1992 ............................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................ ............................................................................................................................._............................................................................................................................. ............................................................................................................................._............................................................................................................................. ............................................................................................................................................................................................................................................................ Subscribed and sworn to before, me this ....day of....Au.9ust.......................1 19............ 5h..... /.......... /............ ......................... Administrator/Clerk/Treasurer ............................................................................................................ v. a J 1 u J 1 %J 1 1 . 7/15 D. J. Goman 192.00 D. Osmonson 84.00 PERA 335.65 7/31 D. J. Goman 186.00 D. Osmonson 56.00 PERA 319.00 Marq. Bank 2199.28 Medica 827.00 Comm. Life Ins. Co. 22.65 4221.58 Is • • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA HRA & REGULAR MEETING August 19, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - August 5, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Presbyterian Homes Resolution 91-27 - Re: Revenue Bonds Resolution 91-28 - Re: Issuance of Revenue Bonds b) Convene HRA Resolution 91-1 Resolution 91-2 Resolution 91-3 Adjourn HRA c) LMCD - August 9, 1991 - Re: Appointment to LMCD Board d) Metropolitan Council - Final Edited Version of Environmental Protection and Management Chapter e) Metropolitan Council - August 8, 1991 - Re: Comprehensive Plan Update f) Planning Commission Minutes - August 14, 1991 g) Planning Commission Appointment - Jean Bredeson h) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Resolution 91-26 - Approving 1992 Proposed Tax Levy & Budget 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission - August 13, 1991 b) Council Weeks - Excused Thurk Dill Widmer c) Engineer d) Utility Superintendent e) Administrator 1. September Calendar 2. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) West Hennepin Recycling Commission - Hazardous Waste b) Letter to Hennepin County - Re: CSAH 51 c) West Suburban Mediation Center Report - August 9, 1991 d) LMC - Re: 1992 Conference Planning Committee e) Lake Minnetonka Lakeshore Owners - Re: Comments on LMCD Long Range Plan f) Letter - Ken Larson - August 15, 1991 - Re: Dakota Rail 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES HRA & REGULAR MEETING August 19, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Thurk, Dill and Widmer were present. Weeks was excused. 3. ADOPT AGENDA Motion by Thurk second by Dill to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - August 5, 1991 Motion by Dill second by Thurk to approve the minutes of August 5, 1991. Upon • roll call Rockvam, Thurk, Dill and Widmer all voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Presbyterian Homes Presbyterian Homes is requesting approval for Housing Revenue Bonds in the approximate amount of 7.5 million dollars to purchase the Twin Birch Nursing Home and the adjoining apartments. Ken Larson, Charles Thompson, Debra Strehlow, from Bond Counsel and Dan Lindh from Presbyterian Homes were present. Ken Larson explained there had been a meeting today at Piper, Jaffray and Hopwood. He stated the agreement in regards to payment in lieu of taxes was discussed. Presbyterian Homes has agreed to pay directly to the City 20% of the valuation, which would be the City's share of property taxes if it were not tax exempt. This payment will also extend after the bonds are paid, this also includes re-evaluation of the property. This amount will be applied towards costs to cover fire and police protection. Mr. Larson also explained Gideon Pond (Presby- terian Homes) will also assume the obligations that had been establish- ed in the TIF District. Mr. Thompson also asked that the promissory note also be tax exempt. Council saw no problem with this. U CITY OF SPRING PARK HRA & REGULAR MEETING - August 19, 1991 Page 2 The Mayor questioned the application fee of $40,000.00, which is 1/2% of one percent of the principal amount of the proposed bond issue. This will be applied to legal fees. Final papers will be signed on August 26th and 27th Debra Strehlow reported. Resolution 91-27 - Relating to Health Care Facility Revenue Bonds (Twin Birch Health Care Center Project) Series 1991; Authorizing The Issuance of the Bonds, The Execution of Documents and Other Matters Relating Thereto Motion by Dill second by Thurk to adopt Resolution 91-27. Upon roll call Rockvam, Thurk, Dill and Widmer all voted aye. Motion declared carried. Resolution 91-28 - Relating to $1,400,000 City of Spring Park, Minn- esota Multifamily Housing Revenue Notes (Lakeshore Village Project); And Authorizing the Issuance Thereof Pursuant to Minnesota Statutes, Chapter 462C. Motion by Widmer second by Dill to adopt Resolution 91-28. Upon roll call Rockvam, Thurk, Dill and Widmer all voted aye. Motion declared carried. • b) Convene HRA The HRA convened at 7:45 p.m. with the roll call remaining the same as above. Ken Larson explained officers of the HRA needed to be brought up to date. Motion by Thurk second by Dill to nominate Rockvam as Chairperson of the HRA. All votes were aye. Motion declared carried. Motion by Rockvam second by Thurk to nominate Widmer as Vice Chair- person for the HRA. All votes were aye. Motion declared carried. Motion by Widmer second by Dill to nominate Thurk as Secretary of the HRA. All votes were aye. Motion declared carried. Motion by Thurk second by Dill to nominate Patricia Osmonson (Adminis- trator/Clerk/Treasurer) as assistant Secretary and Director of the HRA. All votes were aye. Motion declared carried. Resolution 91-1 - Authorizing The Execution And Delivery Of An Assump- tion Agreement Pertaining to $1,995,000 Taxable General Obligation Tax Increment Bonds. �� LJ CITY OF SPRING PARK HRA & REGULAR MEETING - August 19, 1991 Page 3 Motion by Dill second by Thurk to adopt Resolution 91-1. Upon roll call Rockvam, Thurk, Dill and Widmer all voted aye. Motion declared carried. The Mayor suggested HRA Officers be selected and voted on the first meeting of each year. Adjourn HRA Motion by Widmer second by Thurk to adjourn the HRA at 7:52 p.m. All votes were aye. Motion declared carried. A recess was called to sign the purchase agreement. c) LMCD - August 9, 1991 - Re: Appointment to the LMCD Board Doug Babcock, Spring Park's representative to the LMCD was not present, therefore this was tabled. d) Metropolitan Council - Final Edited Version of the Environmental Protection and Management Chapter The City Planner has reviewed the Environmental Protection and Manage- ment Plan and drafted a letter to James Uttley, Senior Planner of the Metropolitan Council, stating Spring Park can not adopt the Plan as written because the whole City would be non -conforming. The Mayor suggested Alan Brixius, Spring Park's Planner, work with James Uttley to resolve Spring Park's problems with the Plan. e) Metropolitan Council - August 8, 1991 - Re: Comprehensive Plan Update A letter from Metropolitan Council dated August 8, 1991 was received regarding the Comprehensive Plan Update. The review period ends on November 1, 1991. The Mayor inquired about the plan to inter -connect the sanitary sewer system with Orono on CSAH 19. The Mayor suggested costs for installing a force main from Lift 2 to CSAH 19 be considered. f) The Commissioners and the Council have confirmed August 26th to meet with the Planner to discuss the Shoreland Ordinance. g) Planning Commission Appointment - Jean Bredeson Motion by Rockvam second by Thurk to appoint Jean Bredeson to the Planning Commission for the un-expired term of Carol Cherry ending December 31, 1993. All votes were aye. Motion declared carried. h) Miscellaneous - None • 0 CITY OF SPRING PARK HRA & REGULAR MEETING - August 19, 1991 Page 4 6. ORDINANCES & RESOLUTIONS a) Resolution 91-26 - Approving 1992 Proposed Tax Levy & Budget A memo from the City Administrator was given to the Council explaining the proposed levy must be a maximum amount. A 4% increase in the proposed budget was considered. However the Police budget figure has now been changed to another 6.6%. The Administrator and the Council felt this was out of line because of the slight increase in the other contracting Cities. The Mayor suggested a meeting with the new Orono Police Chief and emphasize the contract and scheduling needed to be worked on, also if Spring Park is paying for 4 officers we want them in the City. The figure in the Resolution was changed to reflect the additional $7,291 increase, total of $549,721. Motion by Widmer second by Dill to adopt Resolution 91-26, approving the 1992 proposed tax levy and budget. All votes were aye. Motion declared carried. • 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission - August 13, 1991 - Noted b) Council Thurk and Dill had no report. Widmer inquired if there were any regulations or rules on roller blades. c) Engineer The Engineer was excused but had reported the bids are out for the catch basin on Interlachen Road. The removal of the extended pipe for drainage running into the lake at Margie Smith's was discussed. The Utility Superintendent will have it removed. d) Utility Superintendent The Utility Superintendent reported he will attend a meeting with Henn- epin County tomorrow regarding work being done on Sunset Drive. He also stated a four foot drainage way will be put on the east side of Sunset Drive. Council requested the American flags be put up for the Labor Day week -end. i CITY OF SPRING PARK HRA & REGULAR MEETING - August 19, 1991 Page 5 • e) Administrator 1. September Calendar - Noted 8. CLAIMS FOR PAYMENT Motion by Widmer second by Thurk to approve the claims for payment including $11.80 reimbursement to the Mayor. Upon roll call Rockvam, Thurk, Dill and Widmer all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) West Hennepin Recycling Commission - Hazardous Waste b) Letter to Hennepin County - Re: CSAH 51 c) West Suburban Mediation Center Report - August 9, 1991 d) LMC - Re: 1992 Conference Planning Committee e) Lake Minnetonka Lakeshore Owners - Re: Comments on LMCD Long Range Plan f) Letter - Ken Larson - August 15, 1991 - Re: Dakota Rail g) The Link - Summer 1991 A letter from Ken Larson regarding Dakota Rail was discussed. Motion by Widmer second by Dill to authorize the Engineer and the Utility Superintendent to work with Ken Larson to furnish a description of the areas the City proposes to acquire. 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Thurk second by Widmer to adjourn the meeting at 8:55 p.m. All votes were aye. Motion declared carried. Administrator/Clerk/Treasurer • Secretary • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT August 19, 1991 1. A T & T Credit Corp. 2. Brooks Foods, Inc. 3. Froehling, Anderson, Plowman & 4. Hennepin County (Workhouse) 5. Metro Waste Control Comm. 6. Michelle Louise Studio 7. Navarre Hardware 8. Northern States Power Co. 9. NW Associated Consultants, Inc. 10. Orono, City of (Bldg. Insp.) 11. Perkins, Dave Contracting, Inc. 12. Schoell & Madson, Inc. 13. Sterne Electric Co. 14. Suburban Rate Authority 15. U. S. West Communications 16. Widmer, Inc. 17. Jerome P. Rockvam Wasmuth, Ltd. 93.47 43.65 205.00 458.46 8266.00 97.00 65.76 382.09 1529.50 176.80 2359.10 1137.02 229.69 187.50 100.56 90.00 15,421.60 15,433.40 CITY OF SPRING PARK 16 SPRING PARK, MINNESOTA AGENDA SPECIAL MEETING Monday, August 26, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL Council Planning Commission 3. ADOPT AGENDA 4. SHORELAND ORDINANCE DISCUSSION a) Alan Brixius 5. SET DATES FOR BUDGET HEARINGS 6. MISCELLANEOUS 7. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES SPECIAL MEETING Monday, August 26, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Council - Rockvam, Weeks, Thurk and Widmer were present. Dill was absent. Planning Commission - Olson and Dietz were present. Shavlik, Van Beek, Klohn and Rosen were absent. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. • 4. SHORELAND ORDINANCE DISCUSSION a) Alan Brixius Alan Brixius the City Planner from Northwest Associated Consultants, Inc. was present. Brixius had prepared a memorandum comparing the new DNR Model Shore - land Ordinance to the existing Spring Park Shoreland Ordinance. The memo had numerous items the City needed to comply with. He stated the DNR Model Shoreland Ordinance favors pristine lakes which Spring Park could not comply with. The DNR regulations have much lower den- sity than Spring Park has. Brixius suggested focus on lot size and density and staying away from PUD's, also holding to the 50 foot set back from the lake. He stated Spring Park has 13 acres of vacant land and the DNR will recognize a lot of record. The DNR is suggest- ing impervious surface not exceed 25%. Brixius stated it was to our advantage to continue to involve the Watershed in projects, and submitting our Storm Water Management soon. He stated they realize Spring Park doesn't have many alternatives and they are looking at redevelopment within the City, and they will not take away existing conditions. Brixius stated the maintenance items suggested by the Engineer would also be compatible with the Storm Water Management Plan. is CITY OF SPRING PARK SPECIAL MEETING - August 26, 1991 Page 2 The Administrator inquired about establishing lot widths. The Planner stated they would be left out of the plan and felt if set backs were established as we have practiced this would be taken care of. Dietz inquired what would happen if an agreement could not be reached. Brixius stated then the DNR could impose regulations. The Mayor said he felt Brixius was on the right track. Brixius inquired if there were any other questions and stated the next step would require getting the first draft of the Shoreland Ordinance written which he thought would be ready in about a month. 5. SET DATES FOR BUDGET HEARINGS The Administrator was seeking approval for dates for Truth in Taxation Public Hearings. Motion by Weeks second by Thurk to set November 18th and December 2nd for a reconvened hearing if necessary. All votes were aye. Motion de- clared carried. 6. MISCELLANEOUS The Administrator was seeking approval for a retroactive dance permit for the Minnetonka Mist, 4050 Shoreline Drive. Motion by Weeks second by Widmer to approve the dance permit. All votes were aye. Motion declared carried. 7. ADJOURNMENT Motion by Widmer second by Thurk to adjourn the meeting at 8:35 p.m. All votes were aye. Motion declared carried. Secretary A ministrator Clerk Treasurer CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA REGULAR MEETING Tuesday, September 3, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES a) August 19, 1991 b) August 26, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) LMCD - Doug Babcock b) LMCD - Appointment to the LMCD Board c) Snow Removal & Sand City Streets & Sidewalks - Proposals d) Moratorium on Tandem Lots Extention e) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Ordinance 61 - Requiring Owners of Multiple Family Dwelling Units within . the City of Spring Park to Participate & Cooperate with Recycling Efforts b) Resolution 91-29 - Approving 1992 Budget for LMCCC 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Council Weeks Thurk Dill Widmer c) Engineer - CSAH 125 d) Utility Superintendent e) Administrator 1. Recycling Report 2. Building & Sign Report - August 1991 3. Miscellaneous 8. CLAIMS FOR PAYMENT a) Authorize Payment of $1750.00 to Presbyterian Homes 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Metropolitan Council - 8/23/91 - Re: Forecasts of Population b) Metropolitan Council 1992 Work Program & Budget c) Lakeville - 8/27/91 - Re: LMC Meeting • d) Metro Council - Water Supply Issues e) Welsh Companies - 8/26/91 - Re: Painting f) Small Talk - August 1991 g) LMCD Minutes - 7/24 - 8/10 & 8/19 1991 h) Hennepin County Community Health Department - 1990 Annual Report i) BWSR - Water Planning 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES REGULAR MEETING Tuesday, September 3, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Thurk, Dill and Widmer were present. Weeks was absent at the time of roll call. 3. ADOPT AGENDA Motion by Thurk second by Widmer to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES • a) August 19, 1991 Motion by Dill second by Thurk to approve the minutes of August 19, 1991. All votes were aye. Motion declared carried unanimously. b) August 26, 1991 Motion by Widmer second by Thurk to approve the minutes of August 26, 1991. All votes were aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) LMCD - Doug Babcock Doug Babcock Spring Park's representative on the LMCD Board was present. He reported on a LMCD meeting held on August 28th. They are working on a possible ordinance amendment for parking the milfoil harvesters and a code regarding lighting towards the lake. Weeks arrived at 7:38 p.m. Babcock also reported: There will be no temporary low water extensions for next year. 8,000 boats are stored around the lake area. The Water Patrol has reported there have been 55 BWI's. The milfoil harvesting is under budget partly due to the barges used to transport the milfoil. • CITY OF SPRING PARK REGULAR MEETING - September 3, 1991 Page 2 • The cost for harvesting one acre of milfoil is $132.00. Arndorfer is continuing to review the LMCD Management drafts. A 30 day extension was granted on the draft and is now due November 14th. Babcock recom- mended writing a letter to the LMCD asking them to involve the 14 Cities in the review process of the final plan and also send a copy of the letter to the other Cities. The Mayor inquired about Sonar treat- ment for the milfoil. Babcock said the DNR has turned down their request to use chemicals. b) LMCD - Appointment to the LMCD Board In a letter dated August 9, 1991 the LMCD has requested appointment of a director to represent Spring Park, this is a 3 year term. The Mayor stated the Administrative Committee will be having a meeting and will discuss the possibility of a contract for the representative. An appointment will be made at the Council meeting on the 16th of September. c) Snow Removal & Sand City Streets & Sidewalks - Proposals Two proposals have been received: ATW Landscape and Ron Gray. Widmer inquired about the sand and salt contract with Orono. The Mayor stated the rates in the proposal were comparable with last years. Motion by Widmer second by Dill to accept the proposal from ATW Land- scape for one season. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. d) Moratorium on Tandem Lots A moratorium had been placed on tandem lot splits through September 18th, 1991. The Administrator suggested the mortorium be extended until the Shoreland Ordinance has been completed. Motion by Weeks second by Dill to extend the moratorium until the Shoreland Ordinance is completed. All votes were aye. Motion declared carried. e) Miscellaneous - None 6. ORDINANCES & RESOLUTIONS a) Ordinance 61 - Requiring Owners of Multiple Family Dwelling Units within the City of Spring Park to Participate & Cooperate with Re- cycling Efforts The Administrator pointed out Section V of the Ordinance which states multiple -family dwellings may be charged for recycling at a future time. • n U CITY OF SPRING PARK REGULAR MEETING - September 3, 1991 Page 3 The Mayor suggested the multiple -family units be sent a copy of the Ordinance, and it will be discussed at the next meeting. Motion by Weeks second by Widmer to table Ordinance 61 until the next meeting. All votes were aye. Motion declared carried. b) Resolution 91-29 - Approving 1992 Budget for the LMCCC Council questioned the budget because it is not in line with the economy and also questioned why rates were not coming down in light of increased subcriptions. Motion by Rockvam second by Weeks to reject the LMCCC Budget because the percentage rate is too high. All votes were aye. Motion declared carried. Council requested a copy be sent to the other Cities. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor The Mayor inquired about a silt fence at the Shoreline Nursery, 4532 Shoreline Drive. They are adding fill and grading. • The final draft of the LMCD Management Plan was discussed. Motion by Rockvam second by Weeks to send a letter requesting review of the final draft plan before it is adopted by the LMCD Board. A copy to be sent to the other LMCD Cities. All votes were aye. Motion declared carried. The Mayor stated Doug Babcock has been a good representative on the LMCD Board but he felt there is no provision if the City wanted to recall the representative. b) Council - Weeks, Thurk, Dill and Widmer had no report. c) Engineer - CSAH 125 Two letters were received from Schoell & Madson, Inc. regarding the County Road 125 drainage improvements. The County had previously committed to share the cost. The Engineer had received three quotes for the construction of the storm sewer. Widmer Inc. was the low bid. The Engineer suggested awarding the bid on the condition a plan is worked out with the County. This will be tabled until the next meeting. The Engineer reported the draft of the Storm Water Management Plan will be ready for the next meeting for Council's review, then it will be submitted to the Watershed. • Council suggested contact with Dave Feltl from Hennepin County re- garding assessments for CSAH 15. CITY OF SPRING PARK REGULAR MEETING - September 3, 1991 Page 4 • d) Utility Superintendent The Utility Superintendent inquired about cleaning snow from the side- walks. It was determined the sidewalks would be cleaned after the County has finished plowing. e) Administrator 1. Recycling Report - Noted 2. Building & Sign Report - August 1991 - Noted Council scheduled a two hour meeting on October 15th for a work session only, to discuss the 1992 budget. 8. CLAIMS FOR PAYMENT Motion by Weeks second by Widmer to approve the claims for payment with an amendment to also include a bill from Gregory Keller, for $1,170.00 and the August payroll. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS Weeks inquired about the easements needed for Lafayette Lane drainage • improvements. The Administrator stated Ken Larson had reported Presbyterian Homes has paid $900.000 in back taxes. 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Metropolitan Council - 8/23/91 - Re: Forecasts of Population b) Metropolitan Council 1992 Work Program & Budget c) Lakeville - 8/27/91 - Re: LMC Meeting d) Metro Council - Water Supply Issues e) Welsh Companies - 8/26/91 - Re: Painting f) Small Talk - August 1991 g) LMCD Minutes - 7/24 - 8/10 & 8/19 1991 h) Hennepin County Community Health Department - 1990 Annual Report i) BWSR - Water Planning j) Letter - Hennepin County 8/39/91 - Re: CSAH 51 k) Letter - 8/29/91 - Presbyterian Homes 11. MISCELLANEOUS Motion by Rockvam second by Weeks to meet with Patrick Murphy, from Hennepin County to discuss permanent improvements on CSAH 51. Council suggested a meeting in late fall and also placing the item on the Pending Project List. 12. ADJOURNMENT • Motion by Widmer second by Thurk to adjourn the meeting at 9:06 p.m. All votes were aye. Motion declared carried. minis ra or er reasurer Secretary • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT September 3, 1991 1. ARA/Cory Refreshment Services, Inc. 36.00 2. AWWA - Conference Registration 120.00 3. American National Bank 175.87 4. Cellular One 21.46 5. G & K Services 46.35 6. Hennepin County - Workhouse 324.00 7. Knutson Services, Inc. 398.75 8. Lake Business Supply 31.05 9. The Laker 15.07 10. Minnegasco 91.87 11. Northern States Power Co. (Street Lights) 849.34 12. 2931.60 13. Presbyterian Homes of MN, Inc. 1750.00 14. Water Products Co. 91.35 6882.71 15. Gregory E. Keller 1170.00 August payroll: 8/15 D. J. Goman 120.00 D. Osmonson 56.00 PERA 305.84 8/31 D. J. Goman 192.00 D. Osmonson 56.00 PERA 315.78 Marq. Bank 2094.06 Medica 827.00 Comm. Life Ins. 22.65 3989.33 CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA REGULAR MEETING September 16, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - September 3, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Introductions 1. Orono Administrator - Ron Moorse 2. Orono Chief of Police - Steve Sullivan b) Appointment of Spring Park Director to the LMCD Board c) Planning/Park Commission - Minutes - September 11, 1991 d) Storm Water Management Plan - Review e) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Ord. 61 - Requiring Owners of Multiple -Family Dwelling Units Within the City Of Spring Park to Participate and Cooperate with • City Recycling Efforts 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - September 5, 1991 2. Police Commission - September 10, 1991 b) Council Weeks Thurk Dill Widmer c) Engineer Bid for Interlachen Road & Channel Road Drainage d) Utility Superintendent e) Administrator 1. Calendar for October 2. Set Date for Fall Pick -Up 3. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Letter - Ken Larson - Sept. 9, 1991 - Re: Railroad • b) Letter - To Gene Strommen - Sept. 9, 1991 - Re: Final Review of Management Plan c) LMCCC - Executive Committee Meeting - September 10, 1991 L] 0 • CITY OF SPRING PARK REGULAR MEETING - September 16, 1991 AGENDA - Page 2 d) Letter to Jennifer Watts - Re: LMCCC 1992 Budget e) Metro Waste Control Commission - September 3, 1991 f) AMM - Re: Metro Council 1992 Budget g) Letter from Tonka Bay - Aug. 30, 1991 - Re: Long Term Management Plan h) E.F. Johnson Letter - Re: Radio Communications 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES REGULAR MEETING September 16, 1991 7:30 p.m. - City Hall Introductions 1. Orono Administrator - Ron Moorse 2. Orono Chief of Police - Steve Sullivan The new Orono Administrator and new Chief of Police were present, and also the acting Administrator John Gerhardson. They introduced themselves to the Council. The Administrator stated he formerly was at Roseville for ten years and is still residing there. The Chief of Police stated he is a resident of St. Louis Park. The Mayor told them he and the Council are happy with the relationship between Spring Park and Orono. Council expressed concerns with the Police budget and the scheduling. The Chief said he could not ex- plain the budget figures but he and the finance director are trying to come up with an answer. Weeks inquired if this could be accom- plished before the Spring Park budget meeting on October 15th. The • Chief stated they will do the best they can. Council thanked them for coming to the meeting. 1. CALL TO ORDER The meeting was called to order at 7:35 p.m. by Mayor Rockvam 2. ROLL CALL Rockvam, Weeks, Thurk and Widmer were present. Dill was excused. 3. ADOPT AGENDA Motion by Thurk second by Widmer to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - September 3, 1991 Motion by Weeks second by Widmer to approve the minutes of September 3, 1991. Upon roll call Rockvam, Weeks, Thurk and Widmer all voted aye. Motion de- clared carried. 5. PETITIONS, REQUESTS & APPLICATIONS b) Appointment of Spring Park Director to the LMCD Board • Doug Babcock was present, he reported reports of Zebra Mussel are CITY OF SPRING PARK REGULAR MEETING - September 16, 1991 • Page 2 being checked in West Arm Bay. He stated that could be a problem because they rob the lake of nutrientsand attach to everything. At the last meeting Council decided to table the appointment of a Director to represent Spring Park on the LMCD Board. The Mayor stated we have had a good relationship with Spring Park's representative Doug Babcock on the LMCD Board but in the _future Council may want to try a representative on a trial basis for six months and would want it understood that if voting becomes a problem or if there is a conflict the representative may be asked to resign. The Council commended Doug Babcock for his excellent communications and reports. Motion by Rockvam second by Weeks to appoint Doug Babcock to the LMCD Board to represent Spring Park for a three year term, but if there is a problem it will be discussed. Upon roll call Rockvam, Weeks, Thurk and Widmer all voted aye. Motion declared carried. c) Planning/Park Commission - Minutes - September 11, 1991 The Administrator read the Planning/Park Commission minutes. The Commissioners had recommended Council approve the cost of a long • range park plan. Council requested the benches with advertising on them be put on the Pending Project List and table the request for a long range park plan until after the Shoreland Ordinance is complete. d) Storm Water Management Plan - Review The Engineers had the new Storm Water Management Plan ready for Council's review. The Engineer summarized the plan and stated John Karwackiwillmake a formal presentation at the next meeting. e) Miscellaneous - None 6. ORDINANCES & RESOLUTIONS a) Ordinance 61 - Requiring Owners of Multiple -Family Dwelling Units Within the City of Spring Park to Participate and Cooperate with City Recycling Efforts A copy of Ordinance 61 had been sent to the apartment owners as Council had requested. No persons had contacted the City Office regarding the Ordinance. Mr. Swart from Shoreline Place was pre- sent, he questioned the recycling procedure. He will work with the City staff and Knutson Services to implement the recycling. • CITY OF SPRING PARK REGULAR MEETING - September 16, 1991 Page 3 Motion by Weeks second by Thurk to adopt Ordinance 61. Upon roll call Rockvam, Weeks, Thurk and Widmer all voted aye. Motion de- clared carried. The Administrator stated the Ordinance will be effective on the publication date. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - September 5, 1991 The Mayor stated Presbyterian Homes has completed the purchase of the Ortenblad complex. The Mayor suggested a change be made in Ordinance 55 that would enable the City to retain the applica- tion fee and to collect other fees, such as legal fees, in addi- tion to the application fee. 2. Police Commission - September 10, 1991 Council questioned the Police contract with Orono. Weeks suggested another proposal for contracted services be obtained. The Mayor said the service was satisfactory but he requested the Administra- tor try to get the budget worked out. b) Council Weeks and Thurk had no report. Widmer inquired about the un-sealed well on the Advance Machine property. The Utility Superintendent said there is a problem try- ing to locate the well. The Utility Superintendent will contact Advance Machine. c) Engineer - Bid for Interlachen Road & Channel Road Drainage The Engineer reported Hennepin County has committed to paying 100% of the drainage costs. He suggested the bid be given to Widmer Inc. at a cost of $12,825.00. Motion by Weeks second by Thurk to approve awarding the bid to Widmer Inc. for drainage improvements on County Road 125. The Engineer stated the County would reimburse the City. All votes were aye. Motion declared carried unanimously. d) Utility Superintendent The Utility Superintendent reported Hennepin County will be paving CSAH 51 some time next week. e) Administrator 1. Calendar for October - Noted 2. Set Date for Fall Pick -Up Motion by Widmer second by Thurk to set October 28th for the date of the Fall Pick -Up. All votes were aye. Motion declared carried. 0 CITY OF SPRING PARK REGULAR MEETING - September 16, 1991 Page 4 The Administrator reported County Road Aid money can be allocated for Lafayette Lane improvements. This would be money from 1989 to 1992, the County will send a letter to confirm this. The Administrator also reported final assessments for CSAH 15 will be ready in 6 to 8 weeks. 8. CLAIMS FOR PAYMENT Motion by Widmer second by Weeks to approve the claims for payment. Upon roll call Rockvam, Weeks, Thurk and Widmer all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Letter - Ken Larson - Sept. 9, 1991 - Re: Railroad b) Letter - To Gene Strommen - Sept. 9, 1991 - Re: Final Review of the Management Plan c) LMCCC - Executive Committee Meeting - September 10, 1991 d) Letter to Jennifer Watts - Re: LMCCC 1992 Budget e) Metro Waste Control Commission - September 3, 1991 f) AMM - Re: Metro Council 1992 Budget g) Letter from Tonka Bay - Aug. 30, 1991 - Re: Long Term Management Plan h) E.F. Johnson Letter - Re: Radio Communications The Administrator reported other Cities have also objected to the LMCCC budget. It was noted the Metropolitan Council 1992 budget has decreased 3.64%. The Mayor reported there is another LMCD meeting scheduled for Wednesday nite at 7:30 p.m. 11. MISCELLANEOUS The Administrator requested Council set a date for a public hearing for County Road 15 assessments. Motion by Widmer second by Thurk to set November 12th for a public hearing for CSAH 15 assessments. All votes were aye. Motion delcared carried. 12. ADJOURNMENT Motion by Weeks second by Thurk to adjourn the meeting at 9:10 p.m. All votes were aye. Motion declared carried. <2a,zL �- Z�� -) ecre ary ADMINISTRATOR/CLERK/TREASURER CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT September 16, 1991 1. A T & T Credit Corp. 93.47 2. A T & T MN/Branch 34.74 3. American Linen Supply Co. 4.50 4. BFI Services Group, Inc. 97.00 5. Blackowiak & Son 62.84 6. Brooks' Foods, Inc. 68.55 7. Dixco Engraving 3.75 8. Froehling, Anderson, Plowman & Wasmuth, Ltd. 205.00 9. Gopher State One -Call, Inc. 40.00 10. Government Training Service 25.00 11. Grainger, Inc. 167.09 12. Gray, Ron Excavating 85.00 13. Head, Hempel, Seifert & Vander Weide 13,929.45 14. LMCD 1087.25 15. Lowell's Auto 7.50 16. Metro Waste Control Comm. 8266.00 17. Mound, City of (Fire) 8792.25 18. Navarre Hdwe 20.50 19. Northern States Power Co. 367.37 20. NW Associated Consultants, Inc. 2203.75 21. Orono, City of 2536.43 22. Osmonson, Patricia 94.69 23. Pipe Services Corp. 596.00 24. Pitney Bowes, Inc. 50.25 25. SOS Printing, Inc. 289.25 26. Schoell & Madson, Inc. 849.04 27. U. S. West Communications 115.18 40,091.85 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING October 7, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES - September 16, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) LMCD Long Term Management Plan - Comments Due Oct. 11, 1991 b) LMCCC - Response to Sept. 5th Letter - Re: Budget 1. Letters From Other Cities c) Request For Waiver of Fees - Constance Dove -Clover d) County Road 15 Assessments e) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Resolution 91-30 - Setting A Hearing on a Proposed Assessment 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - October 3, 1991 b) Council Weeks Thurk Dill Widmer c) Engineer 1. Storm Water Management Plan d) Utility Superintendent e) Administrator 1. Investment Update 2. Shoreland Grant Advance 3. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Letter From City of Orono - Re: Police Contract b) LMCD Minutes - Aug. 28th, Sept. 14th & 16th c) Metropolitan Council - Sept. 19, 1991 - Re: Radio d) Ordinance 61 Pages e) Knutson Services - August Report f) Letter - Schoell & Madson, Inc. - Re: Anonymous Mail • 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES REGULAR MEETING October 7, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER. The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk, Dill and Widmer were present. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES - September 16, 1991 Motion by Dill second by Widmer to approve the minutes of September 16, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion • declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) LMCD Long Term Management Plan - Comments Due October 11, 1991 Doug Babcock, Spring Park's representative on the LMCD Board was present. The Mayor asked for comments on the LMCD Long Term Management Plan. Widmer inquired how the plan would be enforced and where the funding would come from. The Mayor stated implementation would depend on the funding and this should be addressed in the Plan. The Mayor said the trails should be deleted as had been agreed on. Other items discussed were the Water Patrol, Metro boat stickers, State and Hennepin County funds, public facilities, dredging, permits, septic systems, controls on building heights, procedures of zoning and ordinances being review- ed, increasing staff, water quality, retention ponds and hard cover. Babcock said we should work with the Watershed on some of the issues. Babcock asked if the Council would please submit their comments in writing, comments will be accepted until October 11th. Babcock was seeking direction on Spring Park's vote on the Long Term Management Plan. Council stated Alan Brixius, the City Planner would submit a formal comment. Motion by Weeks second by Widmer to instruct the City Administrator to co-ordinate with the City Planner a response to the LMCD Long Term • Management Plan. All votes were aye. Motion declared carried. • CITY OF SPRING PARK REGULAR MEETING - October 7, 1991 Page 2 Council determined after receiving the comments from the Planner special meeting could be called if necessary or the Council could be polled by telephone. b) LMCCC - Response to Sept. 5th Letter - Re: Budget I. Letters from Other Cities Letters were received in opposition of the increased budget from Tonka Bay, Orono and Long Lake. Spring Park's Council had also objected to the proposed budget. The Administrator stated the LMCCC 1992 budget has been adopted because they had received a majority vote from the other Cities. Council requested Jennifer Watts, Administrator of the LMCCC come to the next meeting to discuss the budget. c) Request For Waiver of Fees - Constance Dove -Clover Constance Dove -Clover and Ardell Jones were present. The Administrator read a letter dated October 3, 1991 from Constance Dove -Clover. She is seeking a waiver of fees for massage services to be offered in conjunction with the Delo Beauty Salon, 4032 Shoreline Drive, operated by Ardell Jones, owner of the Delo Beauty Shop. Attached to the letter were professional and education experience and a letter from Touch of Life School of Massage. Ordinance 53 requires a $1000.00 annual fee for the establishment. An investigation fee for the purpose of considering issuance of a license fee for the establishment is $1,500.00. A $100.00 fee for the person plus $150.00 investigation for license of the person. She stated with the amount of fees required she could not work in Spring Park, she requested the Ordinance be changed or have a separate ordinance for therapeutic massage. She stated the State of Minnesota does not require or issue a license for this. She presented an ordin- ance from Burnsville which she requested Council consider. Council questioned if there is a difference between therapeutic massage and a regular massage. Council suggested Ken Larson, the City Attorney be contacted, but Council did not want the intent of our current ordinance changed. Council suggested Dove -Clover come to the next meeting on October 21st. d) County Road 15 Assessments Ken Adolf, the City Engineer was present, he referred to a letter dated October 3, 1991, May 12th and 23rd 1988. In 1988 the Council had determined that a portion of the City's share of County Road 15, such as sidewalks and street lighting costs would be assessed. A public hearing was held which presented estimated assessment rates. Due to a dispute between Hennepin County and its contractor the final project costs have not been available, therefore an assessment hear- ing had not been held. These costs will be furnished shortly and a CITY OF SPRING PARK REGULAR MEETING - October 7, 1991 Page 3 hearing is now scheduled for October 28th. The following was decided: Only frontage on CSAH 15 would be assessed because the City had request- ed some improvements on County Road 51. Should the City include interest? No. 50% of the project would be assessed, the other 50% would be paid by the City. Residential property would be 1/2 the price of the business areas. Interest rate will be 8%. Repaid over a spread of a 10 year period. Shoreline Place would be assessed 2/3 for the businesses and 1/3 for the condos. The tabulating on each individual property will be done as soon as final figures are received. Notice will be sent to each property owner and the public hearing notice will be published for two weeks in the Laker Newspaper. e) Miscellaneous - None 6. ORDINANCES & RESOLUTIONS • a) Resolution 91-30 - Setting A Hearing on a Proposed Assessment Motion by Weeks second by Widmer to adopt Resolution 91-30. Rockvam, Weeks, Dill and Widmer voted aye. Thurk voted no. The motion was declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - October 3, 1991 - Noted Council suggested a graphic sign for the public hearing displaying costs of the total CSAH 15 project, the City's share and the property owners share. Ken Adolf will prepare the graphic sign. b) Council Weeks, Thurk, Dill and Widmer had no report. c) Engineer 1. Storm Water Management Plan - Council tabled this item. d) Utility Superintendent - No Report e) Administrator 1. Investment Update - Noted is2. Shoreland Grant Advance - Noted 3. Miscellaneous - None CITY OF SPRING PARK REGULAR MEETING - October 7, 1991 -Page 4 8. CLAIMS FOR PAYMENT Motion by Weeks second by Thurk to approve the claims for payment including the September payroll. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Letter From City of Orono - Re: Police Contract b) LMCD Minutes - Aug. 28th, Sept. 14th & 16th c) Metropolitan Council - Sept. 19, 1991 - Re: Radio d) Ordinance 61 - Pages for Ordinance Books e) Knutson Services - August Report f) Letter - Schoell & Madson, Inc. - Re: Anonymous Mail g) Letter - LMCCC - Oct. 4, 1991 - Re: Budget h) Letter - City of Wayzata - Oct. 3, 1991 - Re: Final Draft of LMCD Management Plan 11. MISCELLANEOUS - None • 12. ADJOURNMENT Motion by Rockvam second by Weeks to adjourn the meeting at 10:05 p.m. All votes were aye. Motion declared carried. DMINISTRATOR CLERK TREASURER LJ Secretary CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT October 7, 1991 1. A T & T MN/Branch 34.74 2. American Linen Supply Co. 4.50 3. Browning Ferris Industries 97.00 4. Blackowiak & Son 62.84 5. Brooks' Foods, Inc. 87.05 6. Cellular One 7.20 7. DPC Industries 24.97 8. Display Sales 1550.00 9. Froehling, Anderson, Plowman & Wasmuth, Ltd. 285.00 10. Goman, David L. 284.20 11. Gray, Ron, Excavating 280.00 12. Head, Hemple, Seifert & Vander Weide 4299.41 13. Hennepin County Treasurer - Workhouse 300.00 14. Keller, Gregory E., P. A. 1170.00 15. The Laker 79.46 16. Lowell's Automotive 27.25 17. Minnegasco 109.51 18. Metro Waste Control Comm. 1287.00 19. State of MN - Sales Tax 287.13 20. 11if Sur Charge 466.35 21. Northern States Power Co. Street Lights 842.38 22. 11 " " 2152.27 23. NW Associated Consultants, Inc. 2472.30 24. Orono, City of 65,123.50 Police 65,340.85 217.35 BI 25. Schoell & Madson, Inc. 3673.06 26. Water Products Co. 1082.77 86,307.24 September Payroll: 9/15 D. J. Goman 108.00 D. Osmonson 56.00 PERA 315.78 9/30 D. J. Goman 102.00 D. Osmonson 236.00 PERA 315.45 Marq. Bank 2094.42 Medica Choice 827.00 Comm Life Ins 22.65 4077.30 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA SPECIAL BUDGET MEETING Tuesday, October 15, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. BUDGET DISCUSSION 5. MISCELLANEOUS a) AMM - October 4, 1991 - Re: Recommendations for 1992 Legislative Policies 6. ADJOURNMENT 40 CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES SPECIAL BUDGET MEETING Tuesday, October 15, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk, Dill and Widmer were present. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. BUDGET DISCUSSION The Administrator reported there is a decrease from the original budget • due to contracted police service. A 4% over-all increase was anticipated in the budget. A public hearing is scheduled for November 18th for the budget discussion after truth in taxation notices are sent out by the County. Council reviewed the budget line by line. Total levy is $549,721.00, this amount will be adjusted. Insurance was estimated at no change. Accounting and Attorney fees were estimated at a 1% increase, engineer costs are based on projects requested, but the Mayor requested letters from them. The Administrator explained FICA had increased because of Council salaries and the fact the City has to match the funds. Election costs were increased due to three elections in 1992, the Presidential Primary, the Primary and the regular election. $2,000.00 had been entered for a fax machine, but Council decided $500.00 a year be set aside for a fax machine and also obtaining a price. The Mayor in- quired about the lawn service and requested more information on the chemicals being sprayed. The Utility Superintendent reported all the streets had been seal coated in 1990 except for Channel Road, Lafayette Lane and Patties Lane because of anticipated improvements, he suggested seal coating every three years, therefore the amount was increased from $4,000.00 to $5,000.00. Council determined the storm water drainage projects be spread over a ten year period, allocating $22,903.00 for the first year. CITY OF SPRING PARK SPECIAL BUDGET MEETING - October 15, 1991 • Page 2 The Mayor questioned where the money was being spent for police service, commercial?, traffic?, patrol?, bars?, or businesses or liquor establish- ments?. He would like these questions answered. There was no increase in fees for the Prosecuting Attorney. Fees for the Planner were up due to the Comprehensive Plan Update. Recycling costs have increased $1800.00. The water tower maintenance needed to be increased because of chipping paint. The Engineer had suggested this be amortized over a period of time because of the lead base primer on it which may require removal. He suggested polyethylene, the tower was last re -painted in 1986. It was noted fewer tickets are being issued by the police department. The Mayor requested this item be put on the agenda for the next police commission meeting. The Mayer stated a possibility would be to cut down on the drainage projects to reduce the budget. Council recommended the Administrative Committee make a recommendation on salaries. The Mayor recommended a call to Hennepin County because of the complaints received about the driveways due to construction on County Road 125. The Administrator stated final figures on the budget will be ready for the November 4th meeting. 5. MISCELLANEOUS a) AMM - October 4, 1991 - Re: Recommendations for 1992 Legislative Policies - Noted The Mayor stated there is a special meeting on the LMCD Management Plan on October 16th at 7:30 p.m. at Tonka Bay. 6. ADJOURNMENT Motion by Thurk second by Dill to adjourn the meeting at 9:30 p.m. All votes were aye. Motion declared carried. Secretary • ADMINISTRATOR/CLERK/TREASURER CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING October 21, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES a) October 7, 1991 b) October 15, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Constance Dove -Clover - Massage Services 1. Letter - Ken Larson b) R.E. Almquist - Broadway Pizza - 4032 Shoreline Drive Approval of Off -Site Parking c) LMCCC - Jim Olds - Letter October 7, 1991 d) Dance Application - Minnetonka Mist - 4050 Shoreline Drive e) Planning Commission Minutes - October 9, 1991 f) Miscellaneous • 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission - October 11, 1991 b) Council Weeks Thurk Dill Widmer c) Engineer - Storm Water Management Plan d) Utility Superintendent e) Administrator 1. November Calendar 2. Assessment Role 3. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Northwest Lions Club - Donation b) Letter - City of Orono - 10/16/91 - Re: LMCD Plan c) MWCC - 10/14/91 - Removal of Phosphorus from Wastewater d) AMM - Legislative Policy Adoption Meeting e) Metropolitan Council - Re: Comprehensive Plan 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES REGULAR MEETING October 21, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk, Dill and Widmer were present. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES a) October 7, 1991 • Motion by Weeks second by Widmer to approve the minutes of October 7, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill, and Widmer all voted aye. Motion declared carried. b) October 15, 1991 Motion by Dill second by Widmer to approve the minutes of October 15, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Constance Dove -Clover - Massage Services 1. Letter - Ken Larson The Administrator read a letter from Ken Larson dated October 17, 1991. A proposed amendment was also read. The Attorney suggested various ways to allow the massage parlor. At the last meeting Constance Dove -Clover had requested a waiver of fees for massage service to be offered in conjunction with the Delo Beauty Salon, 4032 Shoreline Drive. CITY OF SPRING PARK REGULAR MEETING - October 21, 1991 • Page 2 The City Attorney prepared an ordinance amending Ordinance 53 by excepting from the definition of "massage parlor" certain estab- lishments licensed by the State of Minnesota as cosmetology salons or barber shops. The Mayor stated he did not feel comfortable with the ordinance amendment and stated it was an alternative to get around the pre- sent ordinance which was adopted for a specific reason. Constance Dove -Clover was present, she suggested a number of revisions she would like to see changed in the present ordinance such as "fully clothed" changed to "draped", fees required, reference to female or male and being photographed by the police department. The Mayor suggested the Ordinance be put on the Pending Project List for further study. Motion by Weeks second by Dill to adopt the amendment as suggested by the City Attorney. In discussion Weeks stated he felt there were no language changes in the proposed amendment needed. Dill stated he thought the amendment was strict enough. Widmer stated there was a time when Spring Park had a serious problem and there were many issues Council was concerned about. Upon roll call • Rockvam, Thurk and Widmer voted no, Weeks and Dill voted aye. The motion was declared to fail. The Mayor stated it would require more deliberation. Motion by Rockvam second by Widmer to move Ordinance 53 to the Pending Project List. All votes were aye. Motion declared carried. The Mayor suggested Constance Dove -Clover keep in contact with the City. b) R.E. Almquist - Broadway Pizza - 4032 Shoreline Drive Mr. Almquist was present. He presented a letter leasing off -site, five parking spaces and another stating employees would use these spaces for parking. He also had a sketch indicating the off -site parking spaces to be used. The Administrator stated the proposed restaurant would have 34 seats which would require 12 parking spaces. According to their plan they were three spaces short. They also needed Council approval for off - site parking. The Mayor inquired about a trailer that has been stored near the parking spaces behind the Post Office. Council requested the lighting be checked and the driveway be kept open for mail delivery. E CITY OF SPRING PARK REGULAR MEETING - October 21, 1991 • Page 3 Motion by Weeks second by Thurk to approve the five off -site parking spaces provided the provisions are met. All votes were aye. Motion declared carried. c) LMCCC - Jim Olds - Letter October 7, 1991 Council had requested more information on the LMCCC 1992 budget which had increased substantiality. Council had objected to the budget. Jim Olds was present to represent the LMCCC, he explained the budget had increased as much as the franchise fees had increased. He also explained a survey had been taken and salaries were below in com- parision to other cable companies and this was a catch up jump which would not be expected in the future. The Mayor stated they were told fees for cable would start out high then would be lowered but this has not happened. Council thanked Mr. Olds for coming to the meeting. d) Dance Application - Minnetonka Mist - 4050 Shoreline Drive The Minnetonka Mist was requesting approval of a dance permit for • Friday, November 1, 1991. The application was in order. Motion by Weeks second by Widmer to approve the dance permit. All votes were aye. Motion declared carried. Jim Elliot from Midwest Propellers at 4100 Sunset Drive was present requesting a 30 day extension for 2 temporary yellow, portable signs. He stated he would then remove the signs for the winter months. Mr. Elliot stated there were other signs up that did not have permits. Motion by Widmer second by Dill to approve the 30 day extension for the signs. All votes were aye. Motion declared carried. e) Planning Commission Minutes - October 9, 1991 - Noted 7. REPORTS OF OFFICERS & COMMITTEES 1. Police Commission - October 11, 1991 It was noted 1 shift that Spring Park is not covered has been changed by the new Chief into two 4 hour segments instead of one 8 hour shift. The Mayor suggested the police department be alerted to problems with signs popping up and enforcing ordinances. • CITY OF SPRING PARK REGULAR MEETING - October 21, 1991 • Page 4 The Mayor reported another LMOD draft will be presented on the Long Term Management Plan with changes. b) Council Weeks - Weeks noted rocks from the driveway at 4358 Shoreline Drive are being deposited on the sidewalk. The Administrator stated she would contact the property owner. Thurk and Dill had no report. Widmer - Widmer inquired about progress of sealing the well at Advance Machine. The Utility Superintendent reported he has been in contact with Bill Martin from Advance Machine and informed him the City would like them to cap the well before winter. Widmer also inquired about negotiations with the railroad. The Administrator will contact the City Attorney. c) Engineer - Storm Water Management Plan - This item was tabled. Shoreline Drive Assessments • The Engineer reviewed a letter dated October 17th in which he enclosed a cost summary for the City's share of Shoreline Drive construction costs and the calculation of the assessment rates. Total costs were $267,046.11 - Amount to be assessed is $135,048.29. Non single family was assessed at $14.8091 a foot and single family at $7.4046 a foot. The Mayor inquired about Mound's and Orono's assessments. The Administrator reported Orono had assessed the whole cost of street lighting - $3.90 a foot for residents and $11.70 for commercial property, at a 8% interest rate for a 10 year period. The Mayor requested Mound be contacted also. d) Utility Superintendent - No Report e) Administrator 1. November Calendar - Noted 8. CLAIMS FOR PAYMENT Widmer questioned item #8. The Utility Superintendent stated it was to Orono for 3 month stand by service for every other week -end. Motion by Weeks second by Widmer to approve the claims for payment. All votes were aye. Motion declared carried unanimously. CITY OF SPRING PARK REGULAR MEETING - October 21, 1991 Page 5 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Northwest Lions Club - Donation b) Letter - City of Orono - 10/16/91 - Re: LMCD Plan c) MWCC - 1-/14/91 - Removal of Phosphorus from Wastewater d) AMM - Legislative Policy Adoption Meeting e) Metropolitan Council - Re: Comprehensive Plan f) Minnesota House of Representatives - 10/14/91 g) LMCD Minutes - Sept. 25 & Oct. 12, 1991 Widmer was concerned about the letter from the Metropolitan Waste Control Commission. Removal of phosphorus from wastewater is being considered, this would raise rates as much as 40%. Council requested a letter a be sent to the Northwest Tonka Lions Club thanking them for. their $3,000.00 donation towards the City's Christmas decorations. The Mayor suggested all of the Council members sign the letter. Council also requested a Resolution to be presented to the Lions Club for the donations over the past years. 11. MISCELLANOUS - None 12. ADJOURNMENT Motion by Dill second by Thurk to adjourn the meeting at 10:03 p.m. All votes were aye. Motion declared carried. r. ADMINISTRATOR/CLERK/TREASURER U Secretary • 0 CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT October 21, 1991 1. ARA/Cory Refreshment Services, Inc. 2. A T & T Credit Corp. 3. G & K Services 4. Gopher State One -Call, Inc. 5. Knutson Services, Inc. 6. Metro WAste Control Commission 7. Navarre Hardware 8. Orono, City of - Stand By Service 9. U. S. West Communications 39.50 93.47 57.00 50.00 398.75 8266.00 10.97 708.95 115.18 9,739.82 • • • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PUBLIC HEARING ON ASSESSMENTS - CSAH 15 7:30 p.m. - City Hall October 28, 1991 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. OPEN PUBLIC HEARING COMMENTS & DISCUSSION 5. CLOSE PUBLIC HEARING 6. MISCELLANEOUS 7. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES PUBLIC HEARING ON ASSESSMENTS - CSAH 15 7:30 p.m. - City Hall October 28, 1991 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk, Dill and Widmer were present. 3. ADOPT AGENDA Motion by Dill second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. OPEN PUBLIC HEARING The public hearing was opened at 7:32 p.m. by Mayor Rockvam. • The following notice was published in the Laker Newspaper two times, on October 14th and October 21, 1991, it was read by the City Administrator. NOTICE is hereby given that the Spring Park City Council will meet at the City Hall, 4349 Warren Avenue, Spring Park, MN on October 28, 1991 at 7:30 p.m. to hear, consider and pass upon all objections, both oral and written, to a proposed special assessment against abutting properties for the following improvements: SIDEWALKS AND STREET LIGHTS ON COUNTY ROAD 15 FROM THE EASTERLY CITY LIMITS TO THE SETON BRIDGE. TOTAL AMOUNT OF PROPOSED ASSESSMENT IS $140,608.00 The proposed assessment roll is now on file in the office of the City Clerk and is open to public inspection. PAYMENT Following the Assessment hearing, the owner of any property assessed may pay the whole assessment, without interest to the City Treasurer, on or before November 29, 1991. If not prepaid by that date, the proposed assessment will be payable in 10 annual installments. The first payment will be payable together with real estate taxes payable in 1992, with interest on the entire assessment at the rate of 8% per annum from October 28, 1991 to December 31, 1992. To each subsequent installment shall be added interest for one year on the unpaid balance. Partial prepayment of assessments has not been authorized by ordinance. APPEAL Any owner may appeal the assessment to the District Court pursuant to Mn Stat. 429.081, by serving notice of the appeal upon the Mayor or Clerk CITY OF SPRING PARK PUBLIC HEARING - Assessments CSAH 15 Page 2 • of the City of Spring Park within thirty (30) days after the adoption of the assessment by the City Council and by filing such notice with the District Court within ten (10) days after service upon the Mayor or Clerk. HOWEVER NO APPEAL MAY BE TAKEN AS TO AN ASSESSMENT UNLESS A WRITTEN OBJECTION SIGNED BY THE AFFECTED PROPERTY OWNER IS FILED WITH THE CLERK OF THE CITY OF SPRING PARK PRIOR TO THE HEARING OR PRESENTED TO THE PRESIDING OFFICER AT THE HEARING. The City Council has not adopted a policy providing for deferment of assessments pursuant to MN STAT 435.193 to 435.195. BY ORDER OF THE CITY COUNCIL OF THE CITY OF SPRING PARK Patricia Osmonson Administrator/Clerk/Treasurer Notice of the amount of the proposed assessment for each parcel and the public hearing date were sent to abutting property owners and evidence of the date of mailing was copied along with the notices mailed which is a part of this record. The parking lane along the Balboa Building is a special item requested by Balboa, and related costs have been paid by Balboa. A letter had been received from Richard White - PID 18-117-23-43-0054 - • 4337 Shoreline Drive. There appeared to be a misunderstanding about the assessment. Mr. White had been told by the County he would not be assessed in exchanged for utilitizing their existing easement. The Engineer consulted with Hennepin County regarding the misunderstanding and a letter from the Administrator was sent to Mr. White explaining this did not preclude the City from assessing for its costs of street lighting and sidewalks. Mr. White's assessment was reduced from the original figure to $1,184.73. COMMENTS & DISCUSSION A letter of objection regarding the assessment for street lights and sidewalks was received from Stephen and Pauline Erickson - PID 18-117-23- 43- 0154 - 4367 Shoreline Drive. The Administrator read the letter. They stated in their letter the project was a benefit for thousands of others using the roadway and they did not benefit, and it was not a benefit for their property because they lost their buffering shrubs, removing their privacy, they stated the County would not let them replace the shrubs, and their driveway is now being used as a public turn around which is causing a potential hazard to their family. They also stated they now have excessive snow removal. They also objected that they were charged double because the property was rezoned to R-2. Mr. and Mrs. Erickson were present. Mrs. Erickson asked how the project was considered a benefit to their property. She stated they did not need the street lights and the sidewalks, she also stated they have CITY OF SPRING PARK PUBLIC HEARING - Assessments CSAH 15 • Page 3 More dust and fumes from the traffic and the project benefited the general public. Ken Adolf, the City Engineer from Schoell and Madson, Inc. was present, he stated at this time no appraisals have been done. The Engineer gave background information on the project. He stated the project was started in 1988. The Council had a public hearing on May 23, 1988, at that time abutting property owners were notified. Council determined only half of the street lights and the sidewalks would be assessed, based on front footage and single family assessed half the rate of non - single family. Assessments had not been levied because of a dispute between Hennepin County and the contractors and final costs were not known. The Engineer presented these figures on a screen for reviewal of the Shoreline Drive construction costs: Total Cost of the Project $4,878,112 Spring Park's Portion 2,086,000 Total Cost to Spring Park 286,500 Sidewalks and Street Lights 206,250 Eligible Costs to be Assessed 135,048 • Street Lights 147,796 Sidewalks 74,857 There were 505 feet of single family residents. The formula was $14.81 for non -single family and $7.41 for single family. The assessment is to be spread over 10 years at 8% interest. This would work out to be approximately $2.21 a foot per year for non-residential and $1.10 for residential. Richard Swart - 17-117-23-33-0101/0112 - 2 Shoreline Place was present, he questioned how the assessment was determined for the condominiums. It was explained the condominiums were charged at 1/3 and the businesses were charged 2/3 of the assessment. This was determined by the Council. Craig Gustafson - PID 18-117-23-43-0156 - 4373 Shoreline Drive was present. He read a notice of appeal to eliminate the assessment for the following reasons: 1. The design of the read, which he felt has led to nurierous close call accidents. 2. The sidewalks, he felt sidewalks on one side of the street would be adequate. He has acquired more mailboxes on his side lot. Weeds and vegetation growing on the sidewalk and snow that is plowed into his yard are a problem. 3. The property being zoned R-2 was not beneficial to his property. 4. Distance of the garage to the road had been reduced making it a dangerous situation. Vandalism is now a problem which he did not CITY OF SPRING PARK • PUBLIC HEARING - Assessments CSAH 15 Page 4 have before. The noise has increased and headlights now shine into his living room. He felt the project had de -valued his property. Dorothy Stannard - PID 18-117-23-44-0028 - 4050 Shoreline Drive - Mtka. Mist. Dorothy Stannard was present. She inquired if Sunset Drive was figured into the assessment because the corner also had been improved. She was told by the Engineer that it had not been assessed and their property had been squared off to figure the front footage. Sharon Rappe - PID 18-117-23-43-0047 - 4308 West Arm Road was present. She inquired if she would also be assessed. The Administrator stated only properties on Shoreline Drive had been assessed. The Administrator ex- plained the project had been paid from County Road Aid, $28,209, - Revenue Sharing, $56,314, - the sale of the Spring Park Liquor Store, $73,897 and the Beautification Fund, $57,463. Richard Dietz - 2400 Interlachen Road was present, he inquired about the Bayview Condominiums. That property does not abut Shoreline Drive. The Mayor stated he did have sympathy towards Erickson and Gustafson and would like to resolve the problem here and not in court. Council suggested an appraiser be contacted. • Ken Larson, the City Attorney was present and offered these suggestions: 1. The Public Hearing could be adjourned. 2. Close the Public Hearing except for these two parcels. 3. Allow or make adjustments now. Erickson stated it would be foolish to go to court because of the expense and an appraiser is not always right, market value is established by the buyer. Widmer asked the Attorney if the Council could reduce the assess- ment of these two properties. The Attorney stated they could. Other property owners that did not appeal the assessment needed to do so prior to or at this Public Hearing. Council asked the Ericksons' and Gustafson if it would help if the assess- ment were to be cut in half, the City picking up the rest of their assess- ment? They both agreed it would help. Motion by Widmer second by Rockvam to reduce the property assessment at 4373 - PID 18-117-23-43-0156 and 4367 Shoreline Drive - PID 18-117-23-43- 0154 to half of the rate. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. 5. CLOSE PUBLIC HEARING Motion by Weeks second by Dill to close the Public Hearing at 8:45 p.m. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Is Motion declared carried. CITY OF SPRING PARK • PUBLIC HEARING - Assessments CSAH 15 Page 5 6. MISCELLANEOUS Ken Larson presented alternatives for Council to consider in amending Ordinance 53 to allow a massage parlor at the Delo Beauty Salon, 4032 Shoreline Drive. He stated there would be an advantage to imposing a certificate requirement that would control issuance of the certificate as provided in Section 16 of the Ordinance. The Mayor requested Council consider these alternatives for further discussion. Resolution 91-31 - Adopting Assessment for Improvements of CSAH 15 Motion by Thurk second by Widmer to adopt Resolution 91-31 as amended and allowing residents 30 days, until November 29th, 1991 to pay the assessment. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. 7. ADJOURNMENT Motion by Dill second by Thurk to adjourn the meeting at 9:20 p.m. All votes were aye. Motion declared carried. 0 ADMI STRATOR K TREASURER 0 Secretary PUBLIC HEARING ON ASSESSMENTS - CSAH 15 October 28, 1991 0 0 PLEASE SIGN IN NAME rat, /ADDRESS `Tj `� •i�t Oc•-�/ � 4 L C� Assessment No. 1 2 3 4 5 0 FA E WE • • SPRING PARK SHORELINE DRIVE (HCSAH NO.15) ASSESSMENT ROLL Property Owner/ P.I.D. Address No. John & Patricia Tombers 18-117-23 33 0053 1736 Baywood Shores Drive Mound, MN 55364 Bennyhoff-Eklund Inc. 18-117-23 33 003 P.O. Box 274 004 Spring Park, MN 55384 005 John Zuccaro 18-117-23 33 0002 3146 Island View Drive Mound, MN 55364 Douglas C. Trask 18-117-23 34 0008 4569 Shoreline Drive Spring Park, MN 55384 Art Graikowski 18-117-23 34'0007 7031 Redman Lane Chanhassen, MN 55317 McDonald Corp. 18-117-23 34 0006 P.O. Box 66207 AMF O'Hare Airport Chicago, IL 60666 Mary Lou Valek 18-117-23 34 0005 P.O. Box 56 Spring Park, MN 55384 S. Pauly 18-117-23 34 0004 4470 Shoreline Drive Spring Park, MN 55384 Assessment Front Per Total Feet $ Front Foot Assessment 250 14.809128 3,702.28 102.01 1,510.68 68.85 1,019.61 102.01 1,510.68 280 4,146.56 296.04 4,384.09 100.52 1,488.61 217.89 3,226.76 175.00 2,591.60 171.25 14.809128 2,536.06 1.0 Assessment No. Property Owner/ Address P.I.D. No. Front Feet Assessment Per $ Front Foot Total Assessment \ 11 Westonka Firestone 18-117-23 34 0003 84.38 14.809128 1,249.59 P.O. Box 277 Spring Park, MN 55384 12 Marquette Bank Mound 18-117-23 34 0055 .298.66 14.809128 4,422.89 4400 Shoreline Drive Spring Park, MN 55384 13 Patrick O'Flanagan 18-117-23 43 0026 70.06 1,037.53 14 1745 Wildhurst Lane 0027 80.69 1,194.95 Mound, MN 55364 15 Richard D. Hardina 18-117-23 43 0028 55.88 827.53 4372 Shoreline Drive Spring Park, MN 55384 - 16 Lynn Bremer 18-117-23 43 0029 58.99 873.59 4030 Williston Road Minnetonka, MN 55345 17 Dean & Dianne Whitting 18-117-23 43 0012 124.22 1,839.59 4400 Enchanted Drive Shorewood, MN 55331 18 J.B. Connors 18-117-23 43 0008 124.65 1,845.96 19 P.O. Box 66 0010 124.06 1,837.22 St. Bonifacius, MN 55375 20 Paul Meisel 18-117-23 43 0158 125 1,851.14 P.O. Box 258 Mound, MN 55364 55 Balboa MN Co. 18-117-23 43 0031 441.47 14.809128 6,537.79 21 c/o Home Savings Bank 0155 920 13,624.40 22 Attn: Steve Mallory 18-117-23 44 0014 115 1,703.05 23 120 West 12th St. Ste. 500 0038 215 3,183.96 Kansas City, MO 64105 ssessment No. 24 25,26 27,28,29 Property Owner/ Address D.M. Stannard et al 220 Ashley Road Hopkins, MN 55343 L.J. Jones P.O. Box 346 Spring Park, MN 55384 Grace S. Johnson 1 Shoreline Place Spring Park, MN 55384 Richard Swart 2 Shoreline Place Spring Park, MN 55384 Roger Sandler 1038 Loma Linda Lane Mound, MN 55364 Group VI Investments 318 Garden Road Albert Lea, MN 56007 Martha Mayer 5 Shoreline Place Spring Park, MN 55384 Claudine Dick 7 Shoreline Place Spring Park, MN 55384 Shelly Burick 9 Shoreline Place Spring park, MN 55384 • Assessment P.I.D. Front Per Total No. Feet $ Front Foot Assessment 18-117-23 44 0028 260 14.809128 3,850.37 18-117-23 44 0039 120 14.809128 1,777.10 17-117-23 33 0100/0111 68.52 17-117-23 33 0101/0112 68.52 17-117-23 33 0102/0113 68.52 0105/0116 68.52 17-117-23 33 0103/0114 68.52 0107/0118 68.52 17-117-23 33 0104/0115 68.52 17-117-23 33 0106/0117 68.52 17-117-23 33 0108/0119 68.52 • :U- s> t, 1 Assessment Property Owner/ P.I.D. No. Address No. Paul W. Larson 17-117-23 33 0109/0120 10 Shoreline Place Spring Park, MN 55384 Thomas W. Hansen 17-117-23 33 0110/0121" 11 Shoreline Place Spring Park, MN 55384 Thorpe Bros. Inv. 17-117-23 33 0123 8085 Wayzata Boulevard Minneapolis, MN 55426 30 R & M Thompson 17-117-23 33 0042 3946 Shoreline Drive Spring Park, MN 55384 31 Lorna Charest of al 17-117-23 33 0041 3940 Shoreline Drive Spring Park, MN 55384 32 John Kaster 17-117-23 33 0040 2600 Casco Point Road Wayzata, MN 55391 33 Clark R. Oltman 17-117-23 33 0039 3924 Shoreline Drive Spring Park, MN 55384 34 Douglas Gamble 17-117-23 33 0038 3916 Shoreline Drive Spring Park, MN 55384 35 Audrey L. Jorgenson 17-117-23 33 0037 3900 Shoreline Drive Spring Park, MN 55384 36 Sage Company 18-117-23 33 0049 37 1712 Hopkins Crossroad 0048 38 Minnetonka, MN 55343 0009 39 0010 Assessment Front Per Total Feet $ Front Foot Assessment 68.52 68.52 1,507.19 70.00 7.404564 518.32 70.00 70.00 70.00 75.00 150.00 518.32 518.32 518.32 555.34 7.404564 1,110.68 371.27 14.809128 5,498.18 185.00 2,739.69 114.17 1,690.76 115.25 1,706.75 • Assessment No. 40 41 42 43 44 45 46 47 a; :t 50 51 • Property Owner/ P.I.D. Address _ No. Michael Gorra 18-117-23 33 0011 323 West 59th Street Minneapolis, MN 55419 Gary S. Holmes 18-117-23 34 0010 Shoreview Apts. 630 Kasota Avenue Minneapolis, MN 55414 Presbyterian Homes of 18-117-23 34 0060 Minnesota, Inc. 0075 3220 Lake Johanna Boulvard St. Paul, MN 55112-7997 Godfrey H. Widmer 18-117-23 34 0063 St. Bonifacius, MN 55375 0027 Craig Gustafson 18-117-2.3 43 0156 4373 Shoreline Drive Spring Park, MN 55384 Stephen & Pauline 18-117-23 43 0154 Erickson 4367 Shoreline Drive Spring Park, MN 55384 MW & Lisa Littell 18-117-23 43 0052 4363 Shoreline Drive Spring Park, MN 55384 Baton Corp. 18-117-23 43 0053 331 2nd Avenue North Minneapolis, MN- 55401 Richard White 18-117-23 43 0054 16907 Weaver Lake Drive Osseo, MN 55369 William J. Ellis 18-117-23 43 0016 4329 Shoreline Drive Spring Park, MN 55384 Assessment Front Per Total Feet $ Front Foot Assessment 280.00 14.809128 4,146.56 1. 114.81 14.809128 1,700.24 335.00 4,961.06 389.72 5,777.41 117.00 1,732.67 388.77 5,757.34 111.66 1,653.59 57.87 857.00 65.15 964.81 80.00 14.809128 1,184.73 �,� /, / g�• 73 -}, 14.809128 1-,-705.27 60.00 14.809128 88.55 • s • assessment Property Owner/ P.I.D. No. Address No. 52 James Bedell 18-117-23 43 0014 2625 Wilshire Boulevard Mound, MN 55364 53 Curtis Johnson 18-117--23 43 0017 P.O. Box 246 Spring Park, MN 55384 54 Murphy Oil USA Co. 18-117-23 43 0020 200 Peach Street El Dorado, AR 71730 56 Edgewater Four 18-117-23 44 0021 c/o Gordon Paske 10236 Berkshire Road Bloomington, MN 55437 57 RDP Partners 18-117-23 44 0022 3055 Casco Point Blvd. Wayzata, MN 55391 58 County of Hennepin 18-117-23 44 0025 Dept of Prop Mgmt. A2208 Government Center Minneapolis, MN 55487 Assessment Front Per Total Feet $ Front Foot Assessment 50.00 14.809128 740.46 1. 50.00 740.46 120.00 1,777.10 353.80 5,239.47 257.84 14.809128 3,818.39 1,170.00 16,403.43 is CITY OF SPRING PARK • SPRING PARK, MINNESOTA AGENDA REGULAR MEETING THIS MEETING WAS November 4, 1991 CANCELLED 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES a) October 21, 1991 b) October 28, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Alternatives for Amending Ordinance No. 53 b) Zoning/Shorelard Ordinance - Preliminary Draft c) Budget d) Miscellaneous 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Council Weeks Thurk Dill Widmer c) Engineer - Storm Water Management Plan d) Utility Superintendent e) Administrator 1. Building & Sign Report 2. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Suburban Rate Authority - Minutes & Memo - 10/16/91 b) LMCD - Minutes 10/21/91 c) MCWD - 10/29/91 d) Metropolitan Council - 10/29/91 - Re: 1991 Comprehensive Plan Update 11. MISCELLANEOUS 12. ADJOURNMENT • CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA PUBLIC HEARING & REGULAR MEETING November 18, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES a) October 21, 1991 (See November 4th Packet) b) October 28, 1991 " " OPEN PUBLIC HEARING - 1992 BUDGET - Truth In Taxation PUBLISHED NOTICE - See Attached DISCUSSION & COMMENTS a) Letter - Froehling, Anderson & Plowman b) Letter - Head, Hempel, Seifert & Vander Weide ADOPT RESOLUTION 91-32 - Adopting the 1992 Budget CLOSE PUBLIC HEARING 5. PETITIONS, REQUESTS & APPLICATIONS a) Alternatives For Amending Ordinance No. 53 • b) Zoning/Shoreland Ordinance - Preliminary Draft - Set Date for Joint Meeting c) Planning/Park Commission Minutes - November 13, 1991 d) Miscellaneous 6. ORDINANCES & RESOLUTIONS a) Resolution 91-33 - Approving the Storm Sewer Agreement No. PW 71-47-91 CSAH 125 - County Project 9045 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - November 7, 1991 2. Police Commission - November 12, 1991 b) Council Weeks Thurk Dill Widmer c) Engineer d) Utility Superintendent e) Administrator 1. Building & Sign Report - Sept. & Oct. 1991 2. December Calendar 3. Miscellaneous 8. CLAIMS FOR PAYMENT a) November 4, 1991 b) November 18, 1991 • • • • CITY OF SPRING PARK BUDGET PUBLIC HEARING & REGULAR MEETING - November 18, 1991 AGENDA - Page 2 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Suburban Rate Authority - Minutes & Memo - 10/16/91 b) LMCD - Minutes - 10/21/91 & 11/12/91 c) MCWD - 10/29/91 d) Metropolitan Council - 10/29/91 - Re: 1991 Comprehensive Plan Update e) Demographics - 1990 Census f) Metro Digest - 11/1/91 - Re: Comprehensive Plan g) LMC - 11/5/91 - Re: Insurance h) Small Talk - November 1991 i) MWCC - 11/12/91 11. MISCELLANEOUS 12. ADJOURNMENT • • Notice Of Proposed Property Taxes The Spring Park city council will hold a public budget hearing to vote on the amount of property taxes to collect to pay for services the city will provide in 1992. The property tax amounts below compare Spring Park's 1991 property taxes with the property taxes the city council proposes to collect in 1992: ' 1991 Proposed 1992 Increase from Property Texes . Property Taxes' ,1991 to 1992 $366,794, $426,774 ' 16.85% Attend the Public :Hearing �' All Spring Park residents. are invited to attend the public hearing to express their opinions on the budget and the proposed amount of property taxes on: Monday, November 18 7:30 p.m. Spring Park City,.Hall 4349 Warren Avenue Spring Park If the discussion of the budget cannot be..completed, a time and place for continuing the discussion will be announced at the hearing. You are also invited to send your written comments to: Mayor's Office Spring Park City Hall 4349 Warren Ave. Spring Park, MN 55384 0 CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES PUBLIC HEARING & REGULAR MEETING November 18, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk, Dill and Widmer were Dresent. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES a) October 21, 1991 Motion by Weeks second by Widmer to approve the minutes of October 21, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. b) October 28, 1991 Motion by Weeks second by Thurk to approve the minutes of October 28, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. OPEN PUBLIC HEARING - 1992 BUDGET - Truth In Taxation The Public Hearing was opened at 7:32 p.m. by Mayor Rockvam. The roll call remained the same with Rockvam, Weeks, Thurk, Dill and Widmer present. The following notice was published in the Laker Newspaper: NOTICE OF PROPOSED PROPERTY TAXES The Spring Park City Council will hold a public budget hearing to vote on the amount of property taxes to collect to pay for services the City will provide in 1992. The property tax amounts below compare Spring Park's 1991 property taxes with the property taxes the City Council proposes to collect in 1992: • • CITY OF SPRING PARK PUBLIC HEARING - 1992 BUDGET & REGULAR MEETING - November 18, 1991 Page 2 1991 Proposed 1992 Increase From Property Taxes Property Taxes 1991 To 1992 $366,794 $426,774 16.35% ATTEND THE PUBLIC HEARING All Spring Park residents are invited to attend the public hearing to express their opinions on the budget and the proposed amount of property taxes on: Monday, November 18 7:30 p.m. Spring Park City Hall 4349 Warren Avenue Spring Park If the discussion of the budget cannot be completed,a time and place for continuing the discussion will be announced at the hearing. You are also invited to send your written comments to: Mayor's Office Spring Park City Hall 4349 Warren Ave. Spring Park, MN 55384 There were no comments written There were no persons present the proposed 1992 budget. DISCUSSION & COMMENTS or oral received at the City Office. at the public hearing to comment on The Administrator stated the amount of the levy will be lower than the amount certified in August because more accurate figures have been received. The new figures for the levy have been reduced by $18,200.00 in some categories. In discussion the Administrator explained disbursements were raised for election judges because there will be three elections in 1992. The $2,000 for a fax machine was cut to $500 which will be amortized, seal coating for the streets was increased $1,000. Widmer stated the snow plowing figure would be hard to anticipate. a) Letter - Froehling, Anderson & Plowman - Noted b) Letter - Head, Hempel, Seifert & Vander Weide Ken Larson, the City Attorney explained in his letter dated October 21, 1991 that it is difficult to anticipate fees because of negotia- tions with Dakota Rail, and other issues which cannot be foreseen, but an increase of 3.5% to 5.5% be taken into account corresponding to the cost of living increases in 1991. CITY OF SPRING PARK PUBLIC HEARING - 1992 BUDGET & REGULAR MEETING - November 18, 1991 Page 3 The Mayor suggested a meeting with Dick Schnable, the City snow plower to discuss equipment. Weeks stated Spring Park needed to obtain a clean, simple Police contract from the City of Orono. The Mayor stated the high Administrative fees should be watched in the contract. The Administrator stated the patrol men have stated a significant amount of their time in Spring Park is attributed to the apartment buildings. $22,900 per year has been budgeted for storm water improvements. Kings Road and Lafayette Lane improvements are anticipated for the Spring of 1992. The Administrator reported one easement still needed to be obtain- ed before a public hearing could be set. ADOPT RESOLUTION 91-32 - Adopting the 1992 Budget Motion by Widmer second by Thurk to adopt Resolution 91-32. A Resolution Adopting the 1992 Budget and Authorizing the Tax Levy Collectible in 1992. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. CLOSE PUBLIC HEARING • Motion by Dill second by Thurk to adjourn the public hearing at 8:10 p.m. All votes were aye. Motion declared carried. The regular meeting was called to order by Mayor Rockvam at 8:11 p.m. with the roll call remaining the same as above. 5. PETITIONS, REQUESTS & APPLICATIONS a) Alternatives For Amending Ordinance No. 53 Ken Larson, the City Attorney has presented an amendment to Ordinance 53 to allow persons providing massage services with certain stipulations and specfic hours which would also require a certificate. The Attorney had also suggested Council may want to consider a sunset provision. Council determined this would be satifactory on a six month trial period. Motion by Weeks second by Thurk to adopt Ordinance 53.01_Amending Ord- inance 53 by excepting from the definition of "Massage Parlor" certain establishments licensed by the State of Minnesota as cosmetology salons or barber shops for six months, to expire on July 1, 1992. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion de- clared carried. The amendment will be published. b) Zoning/Shoreland Ordinance - Preliminary Draft - Set Date for Joint 0 Meeting The Mayor suggested the Zoning/Shoreland Ordinance be divided into 3 • CITY OF SPRING PARK PUBLIC HEARING - 1992 BUDGET & REGULAR MEETING - November 18, 1991 Page 4 separate meetings. Motion by Rockvam second by Widmer to set November 25th and December 9th 1991 at 7:30 p.m. for 2 hours a meeting with the Planner and Planning Commission. All votes were aye. Motion declared carried. c) Planning/Park Commission Minutes - November 13, 1991 It was noted Gene Shavlik has resigned. Peter Van Beek was voted in to replace Shavlik's position as Chair of the Commission. Council suggested Roger Westman be contacted to determine if he still wanted to be on the Commission. Council also noted the Commissioners are working on a beautification plan for Shoreline Drive. d) Miscellaneous - None 6. ORDINANCES & RESOLUTIONS a) Resolution 91-33 - Approving the Storm Sewer Agreement No. PW 71-47-91 Motion by Weeks second by Widmer to adopt Resolution 91-33. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion de- clared carried. It was noted the County share of the improvements on • CSAH 125 were $11,325. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee - November 7, 1991 The Mayor requested notice of the joint session be sent to the Planning Commission to discuss the Zoning/Shoreland Ordinance as soon as possible. Salary recommendations were also discussed. A 4% increase had been proposed in the budget from the July recommendation of the Administrative Committee. Thurk stated she felt Spring Park's salaries were not up to neighboring cities. The Mayor suggested 3%. Thurk did not agree but stated 31h% might be acceptable, but should come before the entire Council. Motion by Thurk second by Widmer to increase the salaries to 31/2% for 1992. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. The Mayor suggested contracting part time park care. He requested actual total figures for part time for the next meeting. The Administrative Committee also reviewed the Pending Project List. Some completed items were removed. The Administrator stated Spring Park needed a policy on Veteran's preference for hiring. • CITY OF SPRING PARK PUBLIC HEARING - 1992 BUDET & REGULAR MEETING - November 18, 1992 Page 5 2. Police Commission - November 12, 1991 It was noted the Police Chief had been unable to attend this meeting. b) Council - There were no reports. c) Engineer - The Engineer was excused. d) Utility Superintendent Goman reported the Christmas decorations would be put up on Tuesday. Council suggested an official lighting with the Commissioners and the Lions present. It was decided the lighting would take place on November 25th at 7:00 p.m. at the Hennepin County launching ramp. e) Administrator 1. Building & Sign Report - Sept. & Oct. 1991 - Noted 2. December Calendar The Administrator reminded Council to add December 9th for the • joint meeting for the Zoning/Shoreland Ordinance to their calendar. 8. CLAIMS FOR PAYMENT a) November 4, 1991 Motion by Weeks second by Widmer to approve the claims for payment for November 4, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. b) November 18, 1991 Motion by Rockvam second by Widmer to approve the claims for payment for November 18th 1991 including the payroll. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Suburban Rate Authority - Minutes & Memo - 10/16/91 b) LMCD - Minutes - 10/21/91 & 11/12/91 c) MCWD - 10/29/91 d) Metropolitan Council - 10/29/91 - Re: 1991 Comprehensive Plan Update 0 CITY OF SPRING PARK PUBLIC HEARING - 1992 BUDGET & REGULAR MEETING - November 18, 1991 Page 6 e) Demographics - 1990 Census f) Metro Digest - 11/1/91 - Re: Comprehensive Plan g) LMC - 11/5/91 - Re: Insurance h) Small Talk - 11/91 i) MWCC - 11/12/91 j) Hennepin Cty. Department of Environmental Management - 11/15/91 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Widmer second by Thurk to adjourn the meeting at 9:15 p.m. All votes were aye. Motion declared carried. ADMINISTRATOR/CLERK/TREASURER Secretary • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT November 18, 1991 1. American Linen Supply Co. 4.50 2. ARA/Cory Refreshment Services, Inc. 36.00 3. A T & T MN Branch 34.74 4. A T & T Credit Corp. 83.78 5. ATW Landscape - R. Schnabel 5816.00 6. Blackowiak & Son 62.84 7. Brooks Foods, Inc. 71.75 8. DPC Industries, Inc. 24.97 9. Froehling, Anderson, Plowman & Wasmuth, Ltd. 205.00 10. G & K Services 45.60 11. Gopher State One -Call, Inc. 45.00 12. Head, Hempel, Seifert & Vander Weide 2190.85 13. Keller, Gregory E., P. A. 1170.00 14. Knutson Services, Inc. 398.75 15. Lowell's Auto 12.20 16. Metro Waste Control Commission 8266.00 17. Mound Coast to Coast 11.12 18. Navarre Hdwe 52.02 19. Northern States Power Co. 528.47 20. NW Assoc. Consultants, Inc. 2984.20 21. Orono, City of 297.69 22. Schoell & Madson, Inc. 3781.70 23. U. S. West Communications 115.18 24. Water Products Company 617.85 25. Westonka Sanitation 3080.00 26. Widmer, Inc. 315.00 October payroll: 30,251.21 Oct 15 D. Osmonson 70.00 PERA 320.25 Oct 31 D. Goman 180.00 D. Osmonson 70.00 PERA 323.24 Marq. Bank 2136.36 Medica 827.00 Comm Life Ins 22.65 3949.50 • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT November 4, 1991 1. ATW Landscape - R. Schnabel 2788.00 2. Bremer, Lynn (Tree) 174.00 3. Brooks' Foods, Inc. 54.30 4. Cellular One 9.78 5. Display Sales 3135.00 6. Hennepin County- Elections 12.50 7. 11 " Workhouse 552.00 8. The Laker 63.98 9. Metro Waste Control Commission 643.50 10. Metroquip, Inc. 449.20 11. Minnegasco 232.43 12. Northern States Power Co. Street LIghts 834.70 . 13. " 11 " 709.43 14. Orono, City of (Animal Control) 528.00 15. Osmonson, Patricia 80.12 16. Water Products Co. 138.72 10,405.66 • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA SPECIAL JOINT MEETING CITY COUNCIL & PLANNING COMMISSION November 25, 1991 7:30 p.m. - City Hall 2 Hour Limit 1. CALL TO ORDER 2. ROLL CALL Council Planning Commissioners 3. ZONING/SHORELAND ORDINANCE - Preliminary Draft DISCUSSION & COMMENTS Northwest Associated Consultants, Inc. - Alan Brixius 4. MISCELLANEOUS a) Letter - Ken Larson - 11/19/91 - Re: Dakota Rail 5. ADJOURNMENT 0 • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA SPECIAL JOINT MEETING CITY COUNCIL & PLANNING COMMISSION November 25, 1991 7:30 p.m. - City Hall 2 Hour Limit 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Council - Rockvam, Weeks, Thurk and Dill were present. Widmer was excused. Planning Commission - Van Beek and Bredeson were present. Klohn, Rosen, Olson and Dietz were excused. 3. ZONING/SHORELAND ORDINANCE - Preliminary Draft • DISCUSSION & COMMENTS Alan Brixius, the City Planner from Northwest Associated Consultants, Inc. was present. The Mayor stated there is a lot of material to review and felt the discussion should be covered in 3 meetings. Brixius stated he would review the zoning provisions at this meeting. He said he would explain the changes. The shoreland regulations have been incorporated into the zoning ordinance. Brixius requested the Council and the Planning Commissioners make a list of any changes they would like to see so the changes could be blended into the draft. He stated the existing zoning ordinance had not been changed, most of the changes had been identified with an asterisk. The following changes were made: Page 1 - Subd. C - Starting with "such regulations" ending with "to Promote orderly development" were added. Page 2 - Subd. D - Newly added. Page 3 - Subd. H - Newly added. Page 4 - Subd. L - Newly added. • Page 6 - Subd. B - "Bluff" - Newly added, this will be defined better, "balcony" will also include more language. CITY OF SPRING PARK SPECIAL JOINT MEETING - ZONING/SHORELAND ORDINANCE - November 25, 1991 is Page 2 Page 10 - "Deck" - The wording of deck will be expanded to explain the difference between structure and a walk way. The Planner ex- plained it is not considered a structure if it is below 3 feet and it could be extended into the 50 foot set back from the lake if it does not increase the impervious surface and it is not enclosed. Page 13 - Subd. F - "Filling" - More wording will be added to include a "lot" other than waterbody, watercourse, or wetland. Page 15 - Subd. I - Industrial Use willbe changed to "Manufacturing Use Intensive Vegetation Clearing was added to comply with the DNR code. Page 17 - Subd. M - "Marquee" will be deleted, this is covered in the sign ordinance. Brixius stated the zoning districts have been made more restrictive for better control of uses. Page 20 - Subd. P - Planned Unit Development - New Addition. Page 23 - "Shoreland Impact Zone" - this wording will be expanded. • Page 25 - Density was discussed. Page 26 - The Administrator requested the word "trailers" be better defined to include Kinds of trailers. Page 28 - Subd. Y - Yard - the word "occupied" should be "unoccupied." Page 31 - Subd. C 7 - Private dock facilities - The language will be expanded to include wording from the present ordinance. Page 32 - Subd. D - Number 1 will be deleted. Subd. E 1 - Lot width of 75 feet will also be deleted. The Planner stated from air views the City has approximately 16% hard cover. In discussion a "lot of record" and density were discussed. The Administrator stated limitations were needed to curtail building on very small lots. Van Beek agreed with this. Page 34 - Number 2 will be included under lot area density as number 8. "Impervious surface coverage will be researched further by the Planner. He will draft 25% impervious surface into all districts. CITY OF SPRING PARK SPECIAL JOINT MEETING - ZONING/SHORELAND ORDINANCE - November 25, 1991 Page 3 n U Page 39 - Subd. C - Number 3 "Permitted Accessory Uses" will be better defined. Page 40 - 3 b - This will be deleted. 4. MISCELLANEOUS a) Letter - Ken Larson - 11/19/91 - Re: Dakota Rail - Noted 5. ADJOURNMENT Motion by Thurk second by Weeks to adjourn the meeting at 9:40 p.m. All votes were aye. Motion declared carried. • ADMINISTRATOR/CLERK/TREASURER 11 ecretary� • • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING December 2, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES a) November 18, 1991 b) November 25, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) LMCD - Doug Babcock b) Storm Water Management Plan c) Miscellaneous 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor b) Council Weeks Thurk Dill Widmer c) Engineer d) Utility Superintendent e) Administrator 1. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Budget 1992 b) Triax Cablevision - 11/25/91 c) LMCD - Minutes - 10/23, 11/16, 11. MISCELLANEOUS 12. ADJOURNMENT 11/21 & 11/25/91 CITY OF SPRING PARK • SPRING PARK MINNESOTA MINUTES REGULAR MEETING December 2, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Rockvam, Weeks, Thurk, Dill and Widmer were present. 3. ADOPT AGENDA Motion by Thurk second by Widmer to adopt the agenda as presented. All votes were aye. Motion declared carried. 4. APPROVE MINUTES a) November 18, 1991 Motion by Dill second by Widmer to approve the minutes of November 18, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. b) November 25, 1991 Motion by Thurk second by Widmer to approve the minutes of November 25, 1991. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) LMCD - Doug Babcock Mr. Babcock was not present. Richard Schnabel, the City snow plower, from ATW Landscape, was present to discuss snow removal from the sidewalks on County Road 15. Due to the large amounts of snowfall this is presenting a problem be- cause of costs involved and stacking of the snow. The Mayor stated he assumed Mr. Schnabel was in possession of a blower as stated in the 1991/1992 contract. Mr. Schnabel stated the blower had been sold because it had not been used for two years. Council discussed where the snow could be stacked or pushed to, to avoid hauling the snow, which would reduce costs. Schnabel stated he would contact 9 CITY OF SPRING PARK REGULAR MEETING - December 2, 1991 Page 2 • Larry Sohns, he has a snow blower but does not have insurance, this will be worked out. The Mayor stated the City would need a certiicate of insurance. Schnabel stated if this plan would work he would pur- chase a blower. Mr. Schnabel also stated because of the sand and salt he did not want to be liable or responsible for shrubs, trees or grass that might die because of the sand and salt. Council determined only the sidewalks on the south side of County Road 15 would be cleaned to reduce costs. Council authorized the Utility Superintendent to contact Mr. Sohns and also requested a memo be sent to the people on the south side of County Road 15 to explain the City's views. There is a vacancy on the Planning Commission. Roger Westman, 2400 Interlachen Road was present to answer any questions Council may have. Mr. Westman had been interviewed at an earlier date for an opening on Planning Commission. Mr. Westman stated he is an owner of a condominium and is interested in the area in which he lives. He was born and raised in Tonka Bay then moved to Omaha where he was on a sanitary sewer board, he planned to stay in Spring Park and wants to make it a good place to live. The Mayor explained Spring Park has a lot of unique situations and small lots and flexibility had been requested in the LMCD Shoreland Ordinance. • Motion by Rockvam second by Thurk to appoint Roger Westman to fill the unexpired term of Shavlik's which would expire on December 31, 1994. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. b) Storm Water Management Plan John Karwacki and Ken Adolf, the City's Engineers from Schoell & Madson, Inc. were present to review the preliminary draft of the Storm Water Management Plan. Karwacki explained the preliminary copy has three sections in it: 1. Stormwater Management Policy - 2. Stormwater Management Standards - 3. Stormwater Drainage Plan. Karwacki pointed out the relationship of the City to the MCWD. Projects still require a MCWD permit or review, the Plan follows Watershed District regulations, and water quality is a big concern. He stated the Plan is written to help with building permits and drainage, related to building permits, as requested by the Administrator. The Mayor inquired if the Plan were to be adopted would old or existing plans need to be changed. Karwacki stated only new development or re- development would be effected. Thurk noted the Plan should be more specific and state each property owner would need to contain their own run-off water. The Mayor and Council agreed. CITY OF SPRING PARK REGULAR MEETING - December 2, 1991 • Page 3 The Mayor commended the Engineers on the Del Otero Avenue drainage project. He has not had any complaints since the project was completed. Other items discussed were sump/sedimentation, stormwater grit chambers, sump pit manholes and retention ponds. The Mayor inquired if a time table was needed to implement the Plan. The Engineer will check this. The Mayor also inquired about property that is not owned by the City. Karwacki stated this property was in- cluded in the Plan for future improvements when easements could be obtained. Karwacki will also check on the Watershed's 509 Plan. The Mayor asked if the Plan is more restrictive than the Watershed Plan. Karwacki stated in some areas because the Watershed is more concerned with water quality. The Spring Park preliminary plan was designed to review projects in greater detail. A summary of projects costs were also included in the Plan. Council thanked Karwacki for his presentation and instructed the Engineers to send the Plan to the Watershed for approval. c) Miscellaneous - None • 6. ORDINANCES & RESOLUTIONS Resolution 91-34 - A Resolution Approving Gambling License Applications For the Northwest Tonka Lions Club The Northwest Tonka Lions Club is requesting a resolution approving their gambling license at the following establishments: 1. Minnetonka Mist - 4050 Shoreline Drive, Spring Park, MN 55384 2. All Stars Sport Bar - 4673 Shoreline Drive, Spring Park, MN 55384 Motion by Weeks second by Thurk to adopt Resolution 91-34. All votes were aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor - No Report b) Council - Weeks, Thurk, Dill and Widmer had no reports. c) Engineer The Engineer stated he would like a Resolution approving the Preliminary Draft Plan of the Stormwater Management Plan. • CITY OF SPRING PARK REGULAR MEETING - December 2, 1991 Page 4 Resolution 91-35 Approving the Preliminary Draft of the Stormwater Management Plan Motion by Weeks second by Dill to approve Resolution 91-35 - Approving the Preliminary Draft of the Stormwater Management Plan and have it sent to the Watershed with the necessary changes. All votes were aye. Motion declared carried unanimously. d) Utility Superintendent The Utility Superintendent has gotten two proposals for a new tractor, one from Long Lake Ford Tractor, Inc. - $10,380.00 and another from Carlson Tractor & Equipment Co. for $10,800.00, both proposals in- cluded a trade allowance. Widmer inquired if the new tractor could clean the sidewalks. The Utility Superintendent stated they then recommended chains and a chute. The Mayor asked if the tractor would have a cab. The Utility Superin- tendent stated no. Goman explained the tractor is 8 years old and has been amortized over a few years and the 4 wheel drive is out of it. Motion by Widmer second by Thurk to offer $9,000.00 for a tractor. All votes were aye. Motion declared carried. • Widmer inquired about the well at Advance Machine, he was concerned about re -development on the property, and asked if it should be dug down more than 6 feet. The well will be capped after the water is tested. Council requested the Utility Superintendent keep urging Advance Machine to seal the well. 8. CLAIMS FOR PAYMENT Motion by Weeks second by Widmer to approve the claims for payment including the bill from Gregory Keller, the City's Prosecuting Attorney for the amount of $1,170.00. Upon roll call Rockvam, Weeks, Thurk, Dill and Widmer all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Budget 1992 b) Triax Cablevision - 11/25/91 c) LMCD - Minutes - 10/23, 11/16, 11/21 & 11/25/91 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Thurk second by Rockvam to adjourn the meeting at 9:45 p.m. All votes were aye. Motion declared carried. Q22 ADMINISTRATOR/CLERK/TREASURER Secretary • • CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT December 2, 1991 1. American Linen Supply Co. 4.50 2. ATW Landscape - R. Schnable 2665.00 3. Brooks' Foods, Inc. 69.05 4. Cellular One 15.86 5. G & K Services 45.60 6. J & R Refrigeration, Inc. 495.36 7. Lake Business Supply 135.82 8. The Laker 132.67 9. Metroquip 449.20 10. Minnegasco 399.89 11. Northern States Power Co. - Street Lights 827.93 12. 11 1182.48 13. West Publishing Co. 6.00 14. Widmer, Inc. - (County Road 125) 13,214.00 15. Widmer, Inc. - (Snow Removal) 495.00 19,038.36 Gregory Keller 1,170.00 20,208.36 • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA SPECIAL JOINT MEETING CITY COUNCIL & PLANNING COMMISSION December 9, 1991 7:30 p.m. - City Hall 2 Hour Limit 1. CALL TO ORDER 2. ROLL CALL Council Planning Commission 3. ADOPT AGENDA 4. ZONING/SHORELAND ORDINANCE - Preliminary Draft DISCUSSION & COMMENTS • Northwest Associated Consultants, Inc. - Alan Brixius 5. MISCELLANEOUS 6. ADJOURNMENT r� U CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES SPECIAL JOINT MEETING CITY COUNCIL & PLANNING COMMISSION December 9, 1991 7:30 p.m. - City Hall 2 Hour Limit 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Rockvam. 2. ROLL CALL Council - Rockvam, Weeks, Thurk and Widmer were present. Dill was excused. Planning Commission - Klohn, Rosen, Olson, Dietz and Westman were present. Van Beek was excused. Bredeson was absent. 3. ADOPT AGENDA Motion by Weeks second by Thurk to adopt the agenda as presented. All • votes were aye. Motion declared carried. 4. ZONING/SHORELAND ORDINANCE - Preliminary Draft DISCUSSION & COMMENTS Alan Brixius, the City Planner from Northwest Associated Consultants, Inc. was present. He explained the reason for changing the Ordinance is to incorporate the DNR regulations into the Ordinance, to comply with shoreland protection. The community of Spring Park is 98% with- in the shoreland boundaries and Spring Park is looking for flexibility to maintain their regulations. The following changes were made in the preliminary draft: Page 41 - Widmer inquired about building heights and what would be considered "grade"?. The Planner stated Spring Park has a 40 foot limit on height but the DNR 's regulations are 25 feet and the grade is figured on an average of the ground to the roof, and a walkout is considered to be a story. Page 42 - The Mayor questioned the lot surface of 65% for impervious surface coverage. Weeks suggested it may be a benefit to increase the percentage to 75%. • n U CITY OF SPRING PARK SPECIAL MEETING - ZONING/SHORELAND ORDINANCE - December 9, 1991 Page 2 Number 6 - The language will be changed to "landscaping" and the word "screened" removed. Brixius stated the Ordinance will be written to avoid variances. Page 44 - Subd. E 1 - This will be deleted. The Administrator stated she had a model ordinance for transient merchants. A copy will be sent to the Planner. Brixius stated he will provide better language for conditional uses. Impervious surface, combining lots and then dividing them off was discussed. Dietz offered the Planner language pertaining to combin- ing lots. Brixius stated he would also check with Hennepin County about the recording of lots. Page 53 - All of #5 & #6 will be deleted. Council requested the Yacht Club come in for an up -date. The Admin- istrator stated their variances are good for one year. Brixius suggested a letter be sent to them asking if they would like an ex- tension on their variances. Outdoor sales lots were also questioned, the Planner asked Council how they felt about having them in the manufacturing district. The Mayor stated they would be allowed to continue in the manufacturing • district. Page 56 - Subd. C - Number 4 & 5 will be deleted and "office space" will be added to number 6, along with more language. The page numbers on page 55 and 56 were transposed. Page 70 - Number 2 "if long duration flooding is anticipated" - Brixius will check this language. Page 71 - Several errors were noted - #1 should read "there shall be a minimum of 10,000 square feet per dwelling" - #2 - the word "east" should be "ease", and should read "In no event shall the minimum access provided be less than fifteen (15) feet in width". Page 72 - #10 - Language will be expanded to define "junk". Council, Planning Commission and the Planner agreed discharge water used for cooling purposes needed more consideration. Page 74 - #5 - The word "meet" should be "meeting". #5 b - The language will be changed. The Planner stated Page 74 will again be discussed at the next meeting. 1-1 CITY OF SPRING PARK SPECIAL MEETING - ZONING/SHORELAND ORDINANCE - December 9, 1991 Page 3 • Motion by Weeks second by Widmer to continue the Zoning/Shoreland discussion on January 14th, 1992 (Tuesday) for two hours at 7:30 p.m. All votes were aye. Motion declared carried. 5. MISCELLANEOUS The Administrator stated the Police Commission meeting scheduled for December 10th had been cancelled and now is scheduled for December 12th. The Administrative Committee meeting had also been cancelled. The next meeting will be in January. Weeks stated he will need to be excused for the next regular Council meeting on December 16th. Widmer inquired about the unsealed well at Advance Machine. The Administrator will contact the City Engineer. 6. ADJOURNMENT Motion by Thurk second by Weeks to adjourn the meeting at 9:40 p.m. All votes were aye. Motion declared carried. ADMINISTRATOR CL RK TREASURER 0 Secretary CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA REGULAR MEETING December 16, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVE MINUTES a) December 2, 1991 b) December 9, 1991 5. PETITIONS, REQUESTS & APPLICATIONS a) Doug Babcock - LMCD b) Variance Application - 2463 Black Lake Road c) Planning Commission Minutes 12/11/91 Recommendations d) Dock Applications - Per Attached List e) Dance Application - Minnetonka Mist - 4050 Shoreline Drive f) Miscellaneous 6. ORDINANCES & RESOLUTIONS 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission - 12/12/91 b) Council Thurk Dill Widmer c) Engineer d) Utility Superintendent e) Administrator 1. January Calendar 2. Miscellaneous 8. CLAIMS FOR PAYMENT 9. UNFINISHED BUSINESS 10. NEW BUSINESS & COMMUNICATIONS a) Comprehensive Plan Development Framework - December 1991 b) MN House of Representatives - Steve Smith - Re: Repeal of Presidential Primary c) MCWD - 11/29/91 - Re: Management Policy d) LMCD - Notice of Meeting e) Orono - Letter Re: LMCD Plan 11. MISCELLANEOUS 12. ADJOURNMENT CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES REGULAR MEETING December 16, 1991 7:30 p.m. - City Hall 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor 'Rockvam. 2. ROLL CALL Rockvam, Thurk, Dill and Widmer were present. Weeks was excused. 3. ADOPT AGENDA Motion by Thurk second by Widmer to adopt the agenda as presented. All votes were aye. Motion declared carried. Richard Schnabel was added under miscellaneous. 4. APPROVE MINUTES a) December 2, 1991 • Motion by Widmer second by Thurk to approve the minutes of December 2, 1991. Upon roll call Rockvam, Thurk, Dill and Widmer all voted aye. Motion declared carried. b) December 9, 1991 Motion by Widmer second by Thurk to approve the minutes of December 9, 1991. Upon roll call Rockvam, Thurk, Dill and Widmer all voted aye. Motion declared carried. 5. PETITIONS, REQUESTS & APPLICATIONS a) Doug Babcock - LMCD Doug Babcock was present to update the Council on LMCD activities. He reported the LMCD Long Term Management Plan is being reviewed by the Metropolitan Systems Committee and the recommendation is favor- able. He reported on the threat of the Zebra Mussel, Milfoil, multiple docks, the DNR's plans for a public access on Maxwell Bay and lights directed towards the lake. The Mayor inquired about funding for the plan and control of the Zebra Mussel, he was concerned where the funds would come from to activate the plan and felt they would be in trouble if the staff were to increase. Babcock stated the LMCD wants to prevent and control introduction of • the Zebra Mussel into Lake Minnetonka and if nothing is done it will CITY OF SPRING PARK REGULAR MEETING - December 16, 1991 Page 2 be in Lake Minnetonka next year. He asked the Council to consider closing access points to the lake. The Mayor replied Spring Park has only one access and it is a very poor access for launching boats. Babcock said the LMCD would like to have guidelines for lighting and the Zebra Mussel by next year, he will keep the Council informed. b) Variance Application - 2463 Black Lake Road Mr. and Mrs. Robert Swenson were present. They are requesting an after the fact approval for an encroaching deck, a six foot variance is needed. The Administrator read the minutes of the Public Hearing held on Dec. 11, 1991. The Commissioners had recommended the variance be denied, they could not find a hardship involved. Mrs. Swenson said they have a single garage and do not have any storage space and the deck had been enclosed. Mr. Swenson stated the house is three stories and this makes it more comfortable for painting. Mrs. Swenson had been in the City office comparing other properties and variances. The Mayor said all variances are different and could not be compared unless everything is the same. The Mayor felt footage should be shown on their 1980 survey that they had submitted. Council • decided they would look at the property and the new deck and consider it at the next Council meeting on January 6th, 1992. c) Planning Commission Minutes - 12/11/91 The Commissioners had requested to be put on the agenda on January 14th when the Zoning/Shoreland Ordinance will be discussed. Council determined it would be better to have their discussion on January 21st. Motion by Rockvam second by Widmer to have the Planning Commission discussion on the Beautification Plan on January 21, 1992. All votes were aye. Motion declared carried. d) Dock Applications - Per Attached List Widmer inquired if the applications were in order. The Administrator stated they were. Motion by Widmer second by Thurk to approve the dock applications, per the attached list except number 13 (The Yacht Club). Thurk, Dill and Widmer voted aye. Rockvam abstained. Motion by Rockvam second by Widmer to approve the dock application for the Yacht Club with the stipulation that construction be started and the building be up out of the ground and they also receive LMCD approv- al. All votes were aye. Motion declared carried. CITY OF SPRING PARK REGULAR MEETING - December 16, 1991 • Page 3 e) Dance Application - Minnetonka Mist - 4050 Shoreline Drive Motion by Widmer second by Thurk to approve the dance application for the Minnetonka Mist on December 31, 1991. All votes were aye. Motion declared carried. f) Miscellaneous Dick Schnabel was present, he presented a letter to the Council re- questing a years extension on his snow removal contract with a 3% increase for 1992 and 1993. He has recently purchased a new snow blower to clean the sidewalks. Council determined Mr. Schnabel should present a new contract when the budget is considered and also continue to clean the sidewalks on the south side of Shoreline Drive for the rest of the winters snowfall. 6. ORDINANCES & RESOLUTIONS - There were none. 7. REPORTS OF OFFICERS & COMMITTEES • a) Mayor 1. Police Commission 12/12/91 - Noted The Mayor asked if the Police officers do door checks, he requested this be put on the next Police Commission agenda and suggested the Chief be contacted so he could report on it at the next Police Commission meeting. b) Council Thurk Thurk inquired about the closing of the County Kitchen. The Utility Superintendent reported the business is for sale. Dill - No Report Widmer Widmer inquired about the abondoned well at Advance Machine. He was referred to a letter written by the City Engineer on December 13, 1991 requesting Advance Machine seal the well in compliance with the State Well Code and the Department of Health requirements as soon as possible. c) Engineer - The Engineer was excused. d) Utility Superintendent The Utility Superintendent reported the last snow removal was completed with no problems. C� CITY OF SPRING PARK REGULAR MEETING - December 16, 1991 Page 4 e) Administrator 1. January Calendar The Administrator pointed out several changes of meetings in the month of January. 8. CLAIMS FOR PAYMENT Motion by Widmer second by Dill to approve the claims for payment including the November payroll. Upon roll call Rockvam, Thurk, Dill and Widmer all voted aye. Motion declared carried. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Comprehensive Plan Development Framework - December 1991 b) MN House of Representatives - Steve Smith - Re: Repeal of Presidential Primary. c) MCWD - 11/29/91 - Re: Management Policy d) LMCD - Notice of Meeting e) Orono - Letter Re: LMCD Plan f) LMCD - Minutes 12/2/91 & 12/12/91 • g) Bioline - Spring/Summer 1991 h) Letter - City of Greenfield i) Metro Meeting - Re: LMCD Management Plan j) Letter - Schoell & Madson - Re: Advance Well Council requested the Administrator attend a LMCD meeting to discuss implementation objectives of the Long Term Management Plan and give a report to the Council. The meeting is on January 3rd. 11. MISCELLANEOUS - None 12. ADJOURNMENT Motion by Thurk second by Widmer to adjourn the meeting at 9:00 p.m. All votes were aye. Motion declared carried. Secretary • ADMINISTRATOR/CLERK/TREASURER CITY OF SPRING PARK SPRING PARK, MINNESOTA • The following applicants have submitted renewal forms for a Dock License in 1992 Dock Location 1. Park Hill/Island Apts. 2380/2350/2470 Island Drive 1680 Arboretum 4601/09 Shoreline Drive Chanhassen MN 55317 2. Nelson/Jones Properties 4032 Shoreline Drive P.O. Box 346 (Hennepin County) Spring Park MN 55384 3. Lord Fletcher's of the Lake 3746 Sunset Drive P.O. Box 446 Spring Park MN 55384 4. Minnetonka Mist 4050 Shoreline Drive P.O. Box 366 (Hennepin County) Spring Park MN 55384 5. P.M. Pizza Enterprises (All Stars) 4673 Shoreline Drive 6835 Cardinal Cove Mound MN 55364 • 6. Rockvam Boatyards 4068 Sunset Drive P.O. Box 335 Spring Park MN 55384 7. Bayview Condominiums 2400 Interlachen Road 2400 Interlachen Road Spring Park MN 55384 8. Hennepin County Shoreline Drive 320 Washington Ave S. Hopkins MN 55343 9. Shoreview Apartments 4589 Shoreline Drive 2561 Territorial Road St. Paul MN 55114 10. Lord Fletcher Apartments 4400 West Arm Road 701 S. 9th St. Mpls MN 55404 11. Seton Village Assn. Inc. 4732 West Arm Road 4732 West Arm Road Spring Park MN 55384 12. Midwest Management 3930/3940 Sunset Drive • 715 Florida Ave. S. Mpls. MN 55426 Dock License Page 2 0 13. The Yacht Club 4165 Shoreline Drive 2765 Casco Point Road Wayzata MN 55391 14. Thorpe Bros. Inc. 4000 Shoreline Place 8055 Wayzata Blvd. Minneapolis MN 55426 • 0 i r1 U 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. CITY OF SPRING PARK SPRING PARK, MINNESOTA CLAIMS FOR PAYMENT December 16, 1991 ARA/Cory Refreshment Services, Inc. AT&T MN/Branch ATW Landscape - R. Schnabel (1265.00) Sidewalks Blackowiak & Son Brooks' Foods, Inc. Copy -Mate, Inc. Dixco Engraving Froehling, Anderson, Plowman & Gopher State One -Call, Inc. Head, Hempel, Seifert & Vander Hennepin County (Workhouse) Konica Business Machines Knutson Services, Inc. The Laker Long Lake Ford Tractor Lowell's Auto Mound Coast to Coast Navarre Hardware Northern States Power Co. NW Associated Consultants, Inc. Orono, City of Pitney Bowes Schoell & Madson, Inc. U. S. West Communications Widmer, Inc. November payroll: Wasmuth, Ltd. Weide 11/15 D. J. Goman 168.00 D. Osmonson 35.00 PERA 334.07 11/30 D. J. Goman 78.00 D. Osmonson 70.00 PERA 324.60 Marq. Bank 2195.14 Medica Choice 827.00 Comm. Life Ins. 22.65 4054.46 37.75 34.74 2556.12 62.84 54.40 100.40 3.75 205.00 45.00 1233.25 360.00 223.55 398.75 86.31 8965.00 12.46 8.50 84.89 1162.10 133.15 70.00 50.25 533.62 115.18 367.50 16,904.51