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HomeMy WebLinkAbout08-09-1995 Council AgendaAGENDA CITY OF LITTLE CANADA REGULAR COUNCIL MEETING WEDNESDAY, AUGUST 9, 1995 1. Call To Order - Regular City Council Meeting - 7:30 P.M. 2. Roll Call Mayor Mr. Michael Fahey Council Member Council Member Council Member Council Member City Administrator City Attorney Consulting Engineer City Planner Administrative Asst. Mrs. Beverly Scalze Mr. Jim LaValle Mr. Steve Morelan Mr. Bob Pedersen Mr. Joel R. Hanson Mr. Tom Sweeney Mr. Jerry Bourdon Mr. Steve Grittman Mrs. Kathy Glanzer 3. Approval of the Minutes - July 26, 1995 Regular Meeting July 31, 1995 Workshop Meeting 4. Announcements This agenda is subject to change by additions and deletions. AGENDA CITY COUNCIL AUGUST 9, 1995 C. CONSENT AGENDA 5. Vouchers 6. Call for Special Meeting on Old Fire Hall Renovation Correspondence Page 1. 7. Rescind Approval of Temporary Liquor License for LCRA - August 11 -13, 1995 Correspondence Page 2. 8. Approval of Temporary Non - intoxicating Malt Liquor License for LCRA - August 11 -13, 1995 9. Call for Rice Street Development Guide Workshop Correspondence Page 3. D. STAFF & CONSULTANT REPORTS 10. City Attorney a. Solicitors Ordinance Correspondence Pages 4 -10. 11. City Administrator a. Gilanderi /Viking Drive Improvements - Accept Easements & Approve Agreement Correspondence Pages 11 -35. b. Update on "No Wake Zone" Southwest Bay of Lake Gervais Correspondence Pages 36 -49. E. DEPARTMENT REPORTS 12. Economic Development 13. Public Safety /Gaming 14. Public Works 2 AGENDA CITY COUNCIL AUGUST 9, 1995 15. Building /Zoning /Code Enforcement 16. Parks & Recreation a. Appointment to the Parks & Recreation Commission Correspondence Pages 50 -54. 17. Administration 18. Adjourn CORRESPONDENCE CITY OF LITTLE CANADA AUGUST 9, 1995 PAGES CORRESPONDENCE 1 Call for Special Meeting on Old Fire Hall Renovation 2 Motion to Rescind Approval of Temporary Liquor License for LCRA (August 11 -13, 1995) and Issuance of Temporary Non - intoxicating Malt Liquor License 3 Call for Rice Street Development Guide Workshop - August 31, 1995 at 7:00 p.m. 4 -10 Solicitors Ordinance 11 -35 Gilanderi /Viking Drive Improvements 36 -49 Update on "No Wake Zone" - Southwest Bay of Lake Gervais 50 -54 Appointment to Parks & Recreation Commission 4 j 2,/14 Casa 515 Little Canada Road, Little Canada, MN 55117-1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor and City Council FROM: John Pechman, Code Enforcement Official DATE: August 3, 1995 RE: "Old" Fire Hall Renovation MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson At the last Council Meeting, the City Council requested a special meeting be held to discuss the "Old" Fire Hall Renovation project. City staff is recommending the special meeting be held on Tuesday, August 22, 1995 at 7:00 p.m. in the City Hall Council Chambers. The purpose of this meeting is to begin the schematic design phase of the "Old" Fire Hall renovation project. The City's architect, Paul Finsness, will be present to discuss the project and receive feedback from the citizens that are present. At the Council's request, the meeting will also be telecast over the local cable station. Page 1 GJ 1 1" MB/ `4agzaaa 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: August 4, 1995 MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson RE: Motion to Rescind Approval of Temporary Liquor License for LCRA (August 11 -13, 1995) and Issuance of Temporary Non - intoxicating Malt Liquor License A State law has been passed that limits the number of temporary intoxicating liquor licenses issued to any one organization to three (3) within any twelve month period. Due to the fact that LCRA has already met this limit within the past twelve months, they are not eligible for this license. In discussing this matter with John Keis of LCRA, they have decided to pursue the issuance of a non- intoxicating malt liquor license in lieu of the temporary on -sale liquor license. (The limitation does not apply to this license.) Therefore, staff would recommend that we rescind the approval of the temporary intoxicating liquor license for the LCRA on August 11 -13, 1995 and issue them a temporary non - intoxicating malt liquor license for the same dates. JRH:kpv Page 2 cXG � 9 4 ceemache 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: August 4, 1995 RE: Rice Street Development Guide Workshop MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Rusty Fifield of Ehlers & Associates has suggested that the Mayor and Council call for a workshop to be held on Thursday, August 31, 1995 at 7:00 p.m. at Little Canada City Hall to discuss the Rice Street development guide. Staff would like discretion to adjust the time and date of this meeting as necessary based on the outcome of the Town Meeting scheduled for August 15, 1995. JH:kv Page 3 MEMORANDUM TO: Mayor and City Council FROM: John Pechman, Code Enforcement Official DATE: July 19, 1995 RE: Amendments to Section 804 Solicitors. One of the responsibilities that falls under my title of Code Enforcement Official is to review and issue permits for solicitors. I have been receiving an increasing number of calls for individuals wishing to solicit in the City. Under the current City Ordinance, Section 804, the City does not have the necessary control to regulate solicitors. Anyone who has the goods at the time of sale does not need a permit. In addition, the current ordinance does not list activities which are prohibited (i.e. harassment, false statements, safety hazard). The amended City Ordinance, Section 804, gives the authority and control necessary for the City to insure that proper information on solicitors /peddlers is provided and citizens rights are more protected than in the current Solicitors Ordinance. Prohibited activities, currently, are not grounds for revocation of the permit, but would be with the amended ordinance. The amended ordinance was generated through reviewing City Ordinances from: Shoreview, White Bear, White Bear Township, and Roseville. Sections from each of these City's Ordinances were used in formulating the amended Section 804. I have also included a permit application form which City staff has put together in conjunction with the amended ordinance. The form takes the guess work out of the solicitation application procedure by confirming what information solicitors /peddlers need to provide. I recommend the City Council adopt a resolution setting the permit fee at $25.00 to cover administrative and investigative costs. cc. Joel Hanson, City Administrator Tom Sweeney, City Attorney Page 4 Thomas M. Sweeney George F. Borer Paul T. Ostrow Patrick I. Sweeney Robin D. Tomney Sweeney, Borer & Ostrow Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 August 1, 1995 VIA FACSIMILE AND U.S. MAIL Mr. John Pechman Code Enforcement Official City of Little Canada 515 Little Canada Road Little Canada, MN 55117 Re: Solicitors /Peddlers Ordinance Our File No. 8051 Dear John: Telephone (612) 222-2541 Facsimile (612) 223 -5289 As we discussed by telephone we believe a simple change in the proposed Peddlers /Solicitors Ordinance would be appropriate. Specifically we would recommend that Section 804.080 be changed to the following: 804.080 Exemptions, Candidates for public office and religious solicitors are exempt from the provisions of this Chapter. Please call if you have any questions regarding this proposed change. Thank you for your consideration of this matter. GFB:gc Very truly yours, SWEENEY, BORER & OSTROW Page 5 orer CITY OF LITTLE CANADA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 804 OF THE CITY OF LITTLE CANADA MUNICIPAL CODE RELATING TO SOLICITORS AND PEDDLERS THE COUNCIL OF THE CITY OF LITTLE CANADA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 804. of the Municipal Code of the City of Little Canada is hereby deleted in its entirety and is replaced by the following: 804.010. SOLICITORS AND PEDDLERS. For the purposes of this Chapter, certain words and terms are defined as follows: 1. Peddler. Any person and /or corporation who goes from dwelling to dwelling, business to business, place to place, or from street to street, carrying or transporting goods, wares or merchandise and offering or exposing them for sale. 2. Solicitor. Any person, firm or corporation who goes from dwelling to dwelling, business to business, place to place or from street to street soliciting donations of money or services, or attempting to take orders for any goods, wares or merchandise for future delivery. 804.020. REGISTRATION REQUIRED. It is unlawful for any peddler or solicitor to engage in any such activity within the City of Little Canada without first registering with the City Administrator in compliance with the provisions of this ordinance. Registration does not exempt compliance with all other applicable local, state and federal laws. Persons registering under this ordinance shall file a sworn statement with the City Administrator's office on a form to be furnished by the City. 804.030. REGISTRATION FEE. At the time of registration, the person registering shall pay a fee to cover the administrative costs of processing and investigation. The fee shall be in an amount determined by Council resolution. 804.040. PERSONS WORKING FOR OR ASSISTING REGISTRANT. The registrant shall also supply the name, address, driver's license and social security numbers of all persons working for or assisting the registrant. -1- Page 6 804.050. REGISTRATION IDENTIFICATION. To identify that they have duly registered with the City, all registered solicitors and peddlers and persons working for those registered shall carry a copy of the registration permit issued by the City to the registrant. 804.060. PROHIBITED ACTIVITIES. No solicitor or peddler shall conduct business in any of the following manners: 1. Entrance to Premises Restricted. It shall be unlawful for any peddler or solicitor to enter upon any private premises when such premises are posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect. 2. Refusing to Leave. It shall be unlawful for any peddler or solicitor to enter upon premises owned, leased or rented by another and refuse to leave such premises after having been notified by such owner or occupant to leave. 3. Misrepresentation. It shall be unlawful for any peddler or solicitor to engage in the business of peddling or soliciting within the City between the hours of 9:00 p.m. and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer. 4. Safety Hazard. It shall be unlawful for any peddler or solicitor to conduct business in such a way as to create a threat to the health, safety and welfare of any individual or general public. 5. Proof of Permit. It shall be unlawful for any peddler or solicitor to fail to provide proof of permit or registration and identification when requested; or to use the permit or registration of another person. 6. False Statements. It shall be unlawful for any peddler or solicitor to make false or misleading statements about the product or services being sold, including untrue statements of endorsement. No peddler or solicitor shall claim to have the endorsement of any City solely based on the City having issued a permit or Certificate of Registration to that person. 7. Harassment. It shall be unlawful for any peddler or solicitor to remain on property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive. -2- Page 7 804.070. REVOCATION. Any permit issued under this section may be revoked at the discretion of the City Administrator for violation of any of the following: 1. Fraud, misrepresentation or incorrect statements on the application form. 2. Fraud, misrepresentation or false statements made during the course of the permitted activity. 3. Conviction of any offense for which granting a permit could have been denied. 4. Violation of any provision of this Chapter. The revocation of any permit issued for the purpose of authorizing multiple persons to conduct business as peddlers or solicitors on behalf of the permittee, shall serve as a revocation of each such authorized person's authority to conduct business as a peddler or solicitor on behalf of the permittee whose permit is revoked. 804.080. EXEMPTIONS. Candidates for public office and religious solicitors are exempt from the provisions of this Chapter. 804.090. REGISTRATION PERIOD. Registration shall be valid for the calendar year. All registrations shall expire on December 31st after their issuance. 804.100. MISDEMEANOR. Any violation of this Chapter shall be a misdemeanor. Each day on which such violation continues shall constitute a separate offense. This after its PASSED by day Attest: Section 2. Ordinance shall take effect and be in force from and passage and publication. the City Council of the City of Little Canada this of , 19 . Joel R. Hanson Michael I. Fahey, Mayor -3- Page 8 804. SOLICITORS. 804.010. TERM. A solicitor, for the purpose of this Chapter, shall be defined to be any person who goes from house to house, or from place to place, in the City, selling or taking orders for, or offering to sell or take orders for, goods, wares or merchandise or any articles for future delivery, or for services to be performed in the future, or for making, manufacturing or repairing of any article or thing whatsoever for future delivery; provided, however, that this Chapter shall apply only to solicitors who demand, accept, or receive payment or deposit of money in advance of final delivery. 804.020. PERMIT. It shall be unlawful for any person to act as solicitor within the meaning of this Chapter without first securing a permit from the City Clerk in accordance with the provisions hereto. 804.030. WRITTEN APPLICATION. That hereafter any applicant for a permit to engage in the business of a solicitor, as herein defined, shall file with the City Clerk a written application for such permit, on a form to be provided, stating the name and address of the applicant, the name and address of the person, firm or corporation which he represents, the kind of goods offered for sale, or kind of service performed. In the case of certain solicitations covering the entire City, the Council may waive licenses and require a surety bond in such amount as the Council may determine. Such bond, when required, shall provide for indemnification if any funds paid to solicitors are fraudulently or unlawfully diverted by solicitors or those responsible for the solicitation. 804.040. PERMIT FEE. Upon payment of Ten Dollars ($10.00) to the City Treasurer, the Clerk shall issue a solicitor's non - transferable permit for the period of one (1) year, permitting said person to operate as a solicitor, as herein provided. Any person, upon the expiration of the term of his permit, may renew same by paying an annual fee of Ten Dollars ($10.00), said application for renewal to be made to the Clerk. (Source: Ord. 38, Amended: Ord. 198) Page 9 APPLICATION FOR SOLICITOR'S LICENSE CITY OF LITTLE CANADA 515 East Little Canada Road Little Canada, MN 55117 (612) 484 -2177 -- Fax (612) 484 -4538 "PLEASE PRINT" Name of Applicant: Name of Organisation: Name of Contact Person: Address: Product Sold: Permit # Fee: $ Phone #: Will product be delivered at time of sale? Yes or No (circle one) Dates Soliciting in City: Has your soliciting license ever been revoked in other cities? Yes or No (circle one) If yes, why? Date: Signed "The City reserves the right to deny or cancel this license at any time for any cause" The following items should be submitted with this application: [ 1 Organization's Articles of Incorporation, if any. [ 1 Registrations or certificates from the State of Minnesota, if any. [ I Brochure or written information about organization and /or product that will be sold. [ 1 List of all persons soliciting along with their social security #'s and driver's license #'s. ss********** s**" s******** s sss "" **r** *"**s** *s** * ****sss** »MSS* * * **ss*** " * * * " * *s *** * ** FOR OFFICE USE ONLY Comments:: Approved Page 10 c6+ O? 7i1�ra ` ee 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: August 4, 1995 RE: Gilanderi /Viking Drive Improvement Project MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Enclosed are documents relative to the above - referenced project. Those documents are as follows: * Declaration of Covenants, Conditions & Restrictions * Waiver of Right to Appeal Special Assessments for Little Canada Improvement Project #94 -7 (See listing attached for amounts to be included in Waiver of Right to Appeal Special Assessments for each respective parcel.) Grant of Permanent Easements relative to roadway (See map enclosed.) As of this date, five of the seven parcels have returned all the necessary documentation. I anticipate that the two remaining parcels should be resolved by Wednesday's meeting. Therefore, I am asking that the Council approve the Declaration of Covenants, Conditions & Restrictions as presented and authorize staff to accept the Easements for each respective parcel. Upon execution of all the documents, this project will then be completed by the contractor. JRH:kpv Enclosures cc: Viking /Gilanderi Drive Property Owners Page 11 Parcel # Water Street NSP Total 08- 29 -22 -41 -0042 08- 29 -22 -41 -0041 08- 29 -22 -41 -0040 08- 29 -22 -41 -0039 08- 29 -22 -41 -0038 08- 29 -22 -41 -0037 08- 29 -22 -41 -0036 $9,200 (2) $6,961 0 6,961 0 6,961 4,600 6,961 4,600 6,961 4,600 6,961 4,600 6,961 $941.26 $17,102.26 470.63 7,431.63 * 470.63 7,431.63 * 470.63 12,031.63 * 470.63 12,031.63 * 47(163 12,031.63 * 470.63 12,031.63 * Indicates Easements, Declaration of Covenants & Waiver of Right to Appeal have been executed. Page 12 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this 1995, by day of and , husband and wife, (hereinafter referred to as the "Declarants "), WITNESSETH: WHEREAS, the Declarants have an interest in the real property located in the City of Little Canada, County of Ramsey, State of Minnesota, which is legally described as follows: WHEREAS, the City of Little Canada has awarded a contract to construct Little Canada Improvement Project 94-7, which consists of installation of water main and service connections as well as a street resurfacing project affecting the current Gilanderi Lane /Viking Drive loop, and WHEREAS, the City of Little Canada makes no representations or warranties as to the specific life or durability of Little Canada Improvement Project 94 -7. NOW, THEREFORE, the Declarants, their heirs, successors, representatives and assigns hereby declare that the above - described property shall be owned, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions hereinafter set forth, which covenants, conditions, and restrictions shall run with the real property, and be binding -1- Page 13 on all parties having any right, title or interest in the above - described property. 1. Declarants acknowledge and agree that the City of Little Canada has made no representations or warranties as to the specific life or durability of Little Canada Improvement Project 94 -7. 2. Declarants acknowledge and agree that Little Canada Improvement Project 94 -7 is the street construction option preferred by the vast majority of the neighborhood (six of seven property owners) and acknowledge that Little Canada Improvement Project 94 -7 will not result in the streets being built to City standards. 3. The deficiencies that will exist relative to this project are that the streets will lack proper width of pavement, right -of -way width, and curb and gutter including related storm sewer improvements. A portion of this street will also be located on Minnesota Department of Transportation right -of -way for State Highway 36. 4. The Declarants acknowledge and agree that the streets are not being built to City standards because of the character and layout of the neighborhood and the request of the majority of the affected property owners to construct the loop option as proposed in Little Canada Improvement 94 -7. 5. The City has declared that this roadway configuration will serve as an improved access under City zoning and subdivision standards for the purpose of allowing subdivision of -2- Page 14 the parcel described as follows and subject to compliance with other zoning requirements: That part of the west 218.00 feet of the east 825.00 feet of the south 1980.00 feet of the southeast quarter of Section 8, Township 29, Range 22, Ramsey County, Minnesota except the east 12.50 feet of the north 252.50 feet thereof. Lying southwesterly of a line 20.00 feet southwesterly of and parallel with the following described line: Commencing at a point on the east line of said Section 8, distant 1970.07 feet north of the southeast corner thereof; thence westerly at an angle of 89 degrees 27 minutes 30 seconds with said east section line, measured from south to west, a distance 691.44 feet to the beginning of the line to be described; thence southerly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 130.94 feet; thence southeasterly a distance of 59.63 feet along a tangential curve concave to the east having a radius of 110.19 feet and a central angle of 31 degrees 00 minutes 00 seconds; thence southeasterly, tangent to said curve, a distance of 180.00 feet and there terminating. 6. The Declarants acknowledge and agree that the future maintenance that the City of Little Canada intends to perform on the streets, after completion of Little Canada Improvement Project 94 -7, will be equivalent to maintenance performed on other city streets. 7. The City has acknowledged that the "loop" configuration of the streets for Gilanderi Lane /Viking Drive as installed pursuant to Little Canada Improvement Project 94 -7 shall be used for any future reconstruction of these roads subject to standards and technology in effect at that time. 8. The Declarants acknowledge and agree that this Declaration of Covenants shall be recorded in the office of the -3- Page 15 County Recorder for Ramsey County, if the property is abstract, or in the office of the Registrar of Titles for Ramsey County, if the property is Torrens, and acknowledge and agree that the terms and conditions of this Declaration of Covenants shall be a covenant on any and all deeds relative to the above - described property. If applicable, the Declarants agree to deliver the Owner's Duplicate Certificate of Title either to Little Canada City Hall or to the office of the Little Canada City Attorney so that the recording of this document can be accomplished. 9. The Declarants acknowledge their obligation and agree to reimburse the City of Little Canada for all costs incurred by the City in defense or enforcement of this Declaration of Covenants, or any portion thereof, including court costs and reasonable attorney's fees. 10. The Declarants acknowledge and agree that if any provision of this Declaration of Covenants is for any reason held to be invalid or unenforceable as to any person or circumstance, the application of such provision to persons and circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected thereby, and all provisions of this Declaration of Covenants in all other respects shall remain in full force and effect and be valid and enforceable. 11. Declarants acknowledge and agree that there shall be no amendment or alteration of this Declaration of Covenants without the written approval of the City of Little Canada. IN WITNESS WHEREOF, the undersigned, being the Declarants -4- Page 16 herein, have executed this instrument as of the date and year first above written. STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1995, by and , husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Little Canada 515 E. Little Canada Road Little Canada, MN 55117 (612) 484 -2177 -5- Page 17 WAIVER OF RIGHT TO APPEAL FROM SPECIAL ASSESSMENT OF LITTLE CANADA IMPROVEMENT PROJECT 94 -7 The undersigned, , husband and wife, are the owners of the following- described property located in the City of Little Canada, County of Ramsey, State of Minnesota, which is legally described as follows: subject to easements of record. The undersigned, its successors, representatives and assigns understand and agree that the sum of $ , a portion of the cost of Little Canada Improvement Project 94 -7, relating to the construction of streets, water main, and underground electric service, as described in the City Engineer's Feasibility Report, dated „l,r „,, „.,J , 1995, is to be assessed against the above - described property. The undersigned further understand and agree that the assessment shall be made pursuant to Minnesota Statutes Chapter 429, and shall be certified for payment to the Department of Taxation for Ramsey County. The undersigned understand and acknowledge that the special assessment of $ could be challenged and that a court would independently review the propriety of the assessment and would uphold the assessment only upon a finding that each of the following have been established: (1) The property received a special benefit, in other words, a benefit not generally received -1- Page 18 by other properties which were not assessed; (2) The special benefit, or increase in the market value of the property as a result of the improvement, is equal to or greater than $ ; and (3) The special assessment levied was imposed equally on similar properties and did not unfairly discriminate against the undersigned. The undersigned understand and acknowledge that an appeal could be commenced by serving notice of the appeal within thirty (30) days after the adoption of the Resolution for Assessment of Little Canada Improvement Project No. 94 -7. The undersigned also understand that the decision of any trial court as to the propriety of the assessment could be appealed to the Minnesota Court of Appeals or the Minnesota Supreme Court, and that they would have the right to be represented by counsel at its own expense in all such proceedings. With full knowledge of its rights and liabilities, the undersigned, its successors, representatives and assigns hereby WAIVE IN ALL RESPECTS AND IN ALL EVENTS their right to appeal from the special assessment of the property relating to Little Canada Improvement Project No. 94 -7, which special assessment shall be $ or a lesser amount, AND FURTHER WAIVE any objection to any irregularity with regard to the actions taken by Little Canada City Council in this matter and agree to pay the assessment as set forth above. -2- Page 19 Dated this STATE OF MINNESOTA) SS. COUNTY OF RAMSEY ) day of , 1995. The foregoing instrument was acknowledged before me this day of , 1995 by and , husband and wife. Notary THIS INSTRUMENT WAS DRAFTED BY: City of Little Canada 515 E. Little Canada Road Little Canada, MN 55117 (612) 484 -2177 -3- Page 20 4.4 • . : :1141/4 MO 1 THIS AGREEMENT, made this day of by and between David Allen Smith, Grantor, a single person, and the City of Little Canada, a municipal corporation under the laws of the State of Minnesota, Grantee; WITNESSETH, that the. said Grantor, in consideration of One and No /100 ($1.00) Dollars to them in hand paid by said Grantee, and for other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant and warrant to said Grantee, its successors and assigns, a permanent easement for street, drainage, and utility purposes, and for ingress and egress at any and all times with all machinery, equipment and materials necessary for the aforesaid purpose, in, over, and upon the following described property owned by Grantor and situated in Ramsey County, Minnesota, which permanent easement is described as follows: Permanent Easements for Street, Drainage, and Utility Purposes: The East 12.50 feet of that part of the North 70 rods of the South 120 rods of the East 50 rods of the Southeast quarter of Section 8, Township 29, Range 22, which lies North of Minnesota Trunk Highway No. 36, except the East 607 feet thereof and except the West 12.5 feet of the East 619.5 feet of the North 252.5 feet thereof, subject to easement for roadway in East 12.5 feet of that part of tract herein described lying South of the North 252.5 feet thereof, according to U.S. Government Survey, lying Westerly and Southwesterly of a line 20.00 feet Westerly, Southwesterly of and parallel with the following described line: Commencing at a point on the east line of said Section 8, distant 1970.07 feet north of the southeast corner thereof; thence westerly at an angle of 89 degrees 27 minutes 30 seconds with said east section line, Page 21 measured from south to west, a distance 691.44 feet to the beginning of the line to be described; thence southerly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 130.94 feet; thence southeasterly a distance of 59.63 feet along a tangential curve concave to the east having a radius of 110.19 feet and a central angle of 31 degrees 00 minutes 00 secondst thence southeasterly, tangent to said curve, a distance of 180.00 feet and there terminating TO HAVE AND HOLD said Easement unto said Grantee and its assigns.. The Grantor hereby warrant the title to the Easement property and will defend such title against the lawful claims of all persons. IN WITNESS WHEREOF, said Grantor has hereunto set his hand the day and year first above written. STATE OF MINNESOTA) )SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by David Allen Smith, a single person. David Allen Smith Notary Public Page 22 ;41/4 • • :.U.: \ \ 4 -- CA THIS AGREEMENT, made this /7 day of , 19 95 , by and between Betty N. Anderson, Trustee of "the'Anderson Family Trust dated January 9, 1990, Grantor, and the City of Little Canada, a municipal corporation under the laws of the State of Minnesota, Grantee; WITNESSETH, that the said Grantor, in consideration of One and No /100 ($1.00) Dollars to them in hand paid by said Grantee, and for other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant and warrant to said Grantee, its successors and assigns, a permanent easement for street, drainage, and utility purposes, and for ingress and egress at any and all times with all machinery, equipment and materials necessary for the aforesaid purpose, in, over, and upon the following described property owned by Grantor and situated in Ramsey County, Minnesota, which permanent easement is described as follows: Permanent Easements for Street, Drainage, and Utility Purposes: The South 15 feet of the West one hundred sixty -six and 5 /10ths (166.5) feet of the North two hundred fifty -two and 5 /10ths (252.5) feet of the East six hundred nineteen and 5 /10ths (619.5) feet of the North seventy (70) rods of the South one hundred twenty (120) rods of the East fifty (50) rods of the Southeast quarter (SE 1/4) of Section eight (8), in Township twenty -nine (29), Range twenty -two (22). TO HAVE AND HOLD said Easement unto said Grantee and its assigns. The Grantor hereby warrant the title to the Easement property and will defend such title against the lawful claims of all persons. Page 23 IN WITNESS WHEREOF, said Grantor has hereunto set his hand the day and year first above written. STATE OF MINNESOTA) )SS. COUNTY OF 40k The foregoing day of as Trustee of the Betty N. Anderson instrument was acknowledged before me this , 19 95- , by Betty N. Anderson, $derson Family Trust dated January 9, 1990. i S_YrYMNEtOTA Mani Poe tE1 Page 24 to \ • Z4'1, \ MI I. THIS AGREEMENT, made this /9 day of , 19 9r, by and between Wiley G. Bennett, a single person, and Pamela K. Sparks, a single person, as joint tenants, Grantors, and the City of Little Canada, a municipal corporation under the laws of the State of Minnesota, Grantee; WITNESSETH, that the said Grantors, in consideration of One and No /100 ($1.00) Dollars to them in hand paid by said Grantee, and for other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant and warrant to said Grantee, its successors and assigns, a permanent easement for street, drainage, and utility purposes, and for ingress and egress at any and all times with all machinery, equipment and materials necessary for the aforesaid purpose, in, over, and upon the following described property owned by Grantors and situated in Ramsey County, Minnesota, which permanent easement is described as follows: Permanent Easements for Street, Drainage, and Utility Purposes: The South 15.00 feet of the West 154.00 feet of the West 166.50 feet of the East 453.00 feet of the North 252.5 feet of the North 70 rods of the South 120 rods of the East 50 rods of the Southeast Quarter of Section 8, Township 29, Range 22. TO HAVE AND HOLD said Easement unto said Grantee and its assigns. The Grantors hereby warrant the title to the Easement property and will defend such title against the lawful claims of all persons. Page 25 IN WITNESS WHEREOF, said Grantors have hereunto set their hands the day and year first above written. STATE OF MINNESOTA) )SS. COUNTY OF 1 The foreg i day of , 19 `, by Wiley G. Bennett, a single person. v Wil G. Bennett -Li I Pamela K. Spa g nstrument was ackngw edged before me this STATE OF MINNESOTA) )SS. COUNTY OF TARA S. McCARTNY•LEONARO NOTARY PUBLIC - MINNESOTA RAMSEY COUNTY My Commission Expires January 31, 2000 t2, The foregoi i strument was ackn wledged before me this I Jam- day of 19 �� by Pamela K. Sparks, a single person. TAPA S. McCARTHY•LEONARD NOTARY PUSUC • MINNESOTA RAMSEY COUNTY My January 31, 2000r� Page 26 1/4M • • :• :J W ol4 �M THIS AGREEMENT, made this day of , 19 , by and between James H. Schlaeger and Christine Schlaeger, husband and wife, Contract Vendors, and James Richard Manteuffel and Terry Marie Manteuffel, husband and wife, Contract Vendees, Grantors, and the City of Little Canada, a municipal corporation under the laws of the State of Minnesota, Grantee; WITNESSETH, that the said Grantors, in consideration of One and No /100 ($1.00) Dollars to them in hand paid by said Grantee, and for other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant and warrant to said Grantee, its successors and assigns, a permanent easement for street, drainage, and utility purposes, and for ingress and egress at any and all times with all machinery, equipment and materials necessary for the aforesaid purpose, in, over, and upon the following described property owned by Grantors and situated. in Ramsey County, Minnesota, which permanent easement is described as follows: Permanent Easements for Street, Drainage, and Utility Purposes: The West 12.50 feet of the South 30.00 feet of that part of the South 115 feet of the North 268 feet of the East 286.5 feet of the South 120 rods of the Southeast Quarter of Section 8, Township 29, Range 22, except that part thereof taken for Minnesota Trunk Highway 36 and the West 12.5 feet of the South 30 feet of the North 268 feet of the East 299 feet of the South 120 rods of said Southeast Quarter, Section 8, Township 29, Range 22, as is dedicated for those purposes. Page 27 TO HAVE AND HOLD said Easement'unto said Grantee and its assigns. The Grantors hereby *warrant the title to the Easement property and will defend such title against the lawful claims of all persons. IN WITNESS WHEREOF, said Grantors have hereunto set their hands the day and year first above written. James H. Schlaeger Christine Schlaeger James Richard Manteuffel Terry Maria Manteuffel STATE OF MINNESOTA) )SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by James H. Schlaeger and Christine Schlaeger, husband and wife. Notary Public Page 28 GRANT OF PERMANENT EASEMENT THIS AGREEMENT, made this 2NDday of PojK4JEA-- , 1515 by and between Sigurd Edward Ericson and Eleanor R. Ericson, husband and wife, Grantors, and the City of Little Canada, a municipal corporation under the laws of the State of Minnesota, Grantee; WITNESSETH, that the said Grantors, in consideration of One and No /100 ($1.00) Dollars to them in hand paid by said Grantee, and for other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant and warrant to said Grantee, its successors and assigns, a permanent easement for street, drainage, and utility purposes, and for ingress and egress at any and all times with all machinery, equipment and materials necessary for the aforesaid purpose, in, over, and upon the following described property owned by Grantors and situated in Ramsey County, Minnesota, which permanent easement is described as follows: Permanent Easements for Street, Drainage, and Utility Purposes: The West 12.50 feet of the North 25.00 feet of the South 1727.50 feet of the West 154 feet of the East 607 feet of the Southeast Quarter of Section 8, Township 29, Range 22, Ramsey County, lying North of State Trunk Highway No. 36/118; and Permanent Easements for Street, Drainage, and Utility Purposes: That part of the South 1727.50 feet of the West 154 feet of the East 607 feet of the Southeast Quarter of Section 8, Township 29, Range 22, Ramsey County, Minnesota lying Southwesterly of the following described line: Page 29 Beginning at a point on the north right -of -way line of said State Trunk Highway 36/118 30.00 feet northeasterly of its intersection with the west line of said property; thence northwesterly, to a point on the west line of said property and 60.00 feet north of said intersection and there terminating. TO HAVE AND HOLD said Easement unto said Grantee and its assigns. The Grantors hereby warrant the title to the Easement property and will defend such title against the lawful claims of all persons. IN WITNESS WHEREOF, said Grantors have hereunto set their hands the day and year first above written. ihrya rd Edward Ericson Eleanor R. Ericson STATE OF MINNESOTA) )SS. COUNTY OF The foregoincl,ins?�ent was acknowledged before me this ZMfi, day of Fl�(�1�' -� , 19q/5 , by Sigurd Edward Ericson and Eleanor R. Ericson, husband and wife. f MMMMAAAMAAAAAAWAMMAAMAM/ KRISTIN P. VANSCHOONHOYEN NOTARY PUBLIC- MINNESOTA RAMSEY COUNTY My Comm. Expires Jan. 31.2000 AY Page 30 i :\ • 8 Z44, 1. THIS AGREEMENT, made this ink day of 19 CIS, by and between Gertrude J. Lehner, widowed and not remarried, Grantor, and the City of Little Canada, a municipal corporation under the laws of the State of Minnesota, Grantee; WITNESSETH, that the said Grantor, in consideration of One and No /100 ($1.00) Dollars to them in hand paid by said Grantee, and for other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant and warrant to said Grantee, its successors and assigns, a permanent easement for street, drainage, and utility purposes, and for ingress and egress at any and all times with all machinery, equipment and materials necessary for the aforesaid purpose, in, over, and upon the following described property owned by Grantor and situated in Ramsey County, Minnesota, which permanent easement is described as follows: Permanent Easements for Street, Drainage, and Utility Purposes: The East 12.50 feet and the North 25.00 feet of the West 154.00 feet of the East 453.00 feet of that part of the South 1727.50 feet of the Southeast Quarter of Section 8, Township 29, Range 22, Ramsey County, Minnesota lying North of State Trunk Highway No. 36/118: and Permanent Easements for Street, Drainage, and Utility Purposes: That part of the West 154.00 fee of the East 453.00 feet of that part of the South 1727.50 feet of the Southeast Quarter of Section 8, Township 29, Range 22, Ramsey County, Minnesota lying North of State Trunk Highway 36/118 which lies Northeasterly of the following described line: Beginning at a point on the East line and 80.00 feet Page 31 South of the Northeast corner of said property; thence northwesterly, to a point on the North line of 50.00 west of the Northeast corner of said property and there terminating, and which also Southeasterly of the following described line lies: Beginning at a point on the north right -of -way line of said State Trunk Highway 36/118 22.00 feet Southwesterly of its intersection with the East line of said property; thence Northeasterly, to a point on the East line of said property and 65.00 feet North of said intersection and there terminating TO HAVE AND HOLD said Easement unto said Grantee and its assigns. The Grantor hereby warrant the title to the Easement property and will defend such title against the lawful claims of all persons. IN WITNESS WHEREOF, said Grantor has hereunto set his hand the day and year first above written. STATE OF MINNESOTA) )SS. COUNTY OF ) The foregoi g i strument was ackr).owledged before me this 5Th day of , 19`16 , by Gertrude J. Lehner, widowed and not ema led. Notary MARY B. GRANLEY NOTARY PUBLIC - MINNESOTA RAMSEY COUNTY My Comm. Expires Jan. 31, 2000 ivvwwwvw It ■ Page 32 ... k • • ; 4.4J. \ 4 THIS AGREEMENT, made this J1 day of , 1995, by and between Michael T. Gawreluk and Susanne M. Gawreluk, husband and wife, Grantors, and the City of Little Canada, a municipal corporation under the laws of the State of Minnesota, Grantee; WITNESSETH, that the said Grantors, in consideration of One and No /100 ($1.00) Dollars to them in hand paid by said Grantee, and for other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant and warrant to said Grantee, its successors and assigns, a permanent easement for street, drainage, and utility purposes, and for ingress and egress at any and all times with all machinery, equipment and materials necessary for the aforesaid purpose, in, over, and upon the following described property owned by Grantors and situated in Ramsey County, Minnesota, which permanent easement is described as follows: Permanent Easements for Street, Drainage, and Utility Purposes: The West 12.50 feet of that part of the East 299.00 feet of the South 120 rods of the Southeast Quarter of Section 8, Township 29, Range 22, which lies North of and West of right -of -way of the Minnesota Trunk Highway No. 36, except the North 268 feet thereof. TO HAVE AND HOLD said Easement unto said Grantee and its assigns. The Grantors hereby warrant the title to the Easement property and will defend such title against the lawful claims of all persons. Page 33 IN WITNESS WHEREOF, said Grantors have hereunto set their hands the day and year first above written. 2%1,0 f ' 5,1jQ!m Michael T. Gawreluk & gang P.AAA' 1 L Susanne M. Gawreluk STATE OF MINNESOTA) )SS. COUNTY OF ) -� The forego'ng instrument was acknowledged before me this \\ day of �c,‘ \ \I , 19C , by Michael T. Gawreluk and Susanne M. Gawreluk, husband and wife. Page 34 SUZANNE L. RAIOLA NOTARY PUBLIC-MINNESOTA RAMSEY COUNTY My Commission Expires Jan. 31, 2000 x • 1 • • WOODS azigartismisr I,. 0N38 17/L - „9 r. dir a ton x fa 49%, 0 73 zo rn m c i mo Rarn C mm 0 • • • + 1t 0 t\ \\ 1 1 4 4- 0 '1141411101111.1.• — 111 .�. �r �h\ i �,1., VV \, IS I Page 35 00 w \ Q, rn 0 m V — v ( N -Arno zm vrrnz mo n rm 12.5 ? 2941/4 ceasaila 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: August 4, 1995 RE: Gervais Lake "No Wake Zone" Update MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson I have discussed the possible formation of a "No Wake Zone" for the southwest bay of Lake Gervais with Mike McGuire, City Manager of Maplewood. He indicated their city would likely be receptive to this request, with the only caveat being citizen reaction. He suggested we put together a draft and get it to them for action. We also discussed the possibility of the County enacting this ordinance. We felt it would be better accomplished at the city level in order that we not lose our ability to react to citizen input. Also, enclosed for your review is the DNR's information regarding water surface management. You will note that there are a number of options available from the regulatory standpoint (See 6110.3700). Based on my conversation with Lieutenant Bergeron of the Ramsey County Sheriff's Department, we would be proposing the initiation of a "slow -no wake" zone for the southwest bay for a 24 hour a day period which would be in effect the entire calendar year. If the Council feels modifications to this approach are warranted, we should discussed them at Wednesday's meeting. Should you have any comments or questions in the meantime, please let me know. JRH:kpv Enclosure Page 36 STATE OF DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155 -40 46 DNR INFORMATION (612) 296-6157 To Whom it May Concern: Each year the Minnesota epartment of Natural Resources (DNR) receives numerous inquiries regarding water surface use management. This letter is intended to provide general information concerning the rules and statutes that may govern the water surface of lakes and other waterways in Minnesota. Water surfaces are managed through numerous statutes and rules. Minnesota Rules parts 6110.3000- .3800, Water Surface Use Management (WSUM Rules) describe the goals of the rules, requires an assessment of the water surface use conditions, and establishes water surface management standards or parameters which may be included in an ordinance. For more specific information, a copy of the statutes and rules are enclosed. Any governmental unit formulating, amending or deleting controls for water surface use must submit the following information to the DNR for review prior to adopting a proposed WSUM ordinance: 1. Water surface worksheet with a map of the lake highlighting the areas to be regulated. 2. A statement evaluating whether the information reveals significant conflicts and explains why the particular proposed controls were selected. 3. The proposed ordinance. 4. A description of the public hearing held concerning the proposed controls, including an account of the statement of each person who testified. • If more than one governmental unit is involved in adopting an ordinance, all the governmental units with jurisdiction over the particular body of water must agree with the ordinance. All the governmental units must submit the required information to the DNR for approval. Enclosed is an example of a WSUM ordinance that was approved by the DNR. If for some reason DNR denies the proposed ordinance, then the denial will be in the form of a letter which will explain the reasons for denial. The governmental unit may amend the proposed ordinance in accordance with the denial letter and resubmit the proposed ordinance for a second review by the DNR. Page 37 AN EQUAL OPPORTUNITY EMPLOYER The DNR will notify the governmental unit in writing of approval or denial within 120 days after receiving all of the above information. Failure of the-DNR to notify the governmental unit shall be considered approval. The governmental unit adopting an crdinance must provide for notification of the ordinance to the public, which involves placing signs at public watercraft launch sites outlining essential elements of the ordinance. Governmental units desiring further information on water surface use management may call the Department of Natural Resources, Boat and Water Safety Section at (612) 296 -3310. Enclosures Page 38 Water Surface Use Rules and Statutes Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4046 Page 39 WATER SURFACE USE MANAGEMENT 6110.3000 POLICY. It is the policy of this state to promote full use and enjoyment of waters of the state, to promote safety for persons and property in connection with such use, and to promote uniformity of laws relating to such use. Statutory Authority: MS s 361.25 6110.3100 SCOPE. As part of implementing that policy, Minnesota Statutes. sections 378.32 and 459.20 authorize counties, cities. and towns to regulate by ordinance the use of surface waters by watercraft, upon approval of any such ordinance by the com- missioner. Minnesota Statutes, section 361.26, subdivision 2a authorizes the commissioner to regulate such use by rule, upon request of a county, city, or town, and after the rule is approved by the majority of the counties affected. Parts 61 10.3000 to 6110.4200, however, shall not apply to units of government other than counties, cities, and towns, or to counties, cities, or towns adopting ordi- nances identical to and on the same body of water as a lake conservation district ordinance. Statutory Authority: MS s 361.25 61103200 GOAL OF WATER SURFACE USE MANAGEMENT. The goal of water surface use management shall be to enhance the recre- ational use, safety, and enjoyment of the water surface of Minnesota and to pre- serve these water resources in a way that reflects the state's paramount concern for the protection of its natural resources. In pursuit of that goal, an ordinance or rule shall: A. where practical and feasible, accommodate all compatible recre- ational uses; B. minimize adverse impact on natural resources; C. minimize conflicts between users in a way that provides for maxi- mum use, safety, and enjoyment; and D. conform to the standards set in part 6110,3700. Statutory Authority: MS s 361.25 6110.3300 STATUTORY AUTHORITY. Parts 6110.3000 to 6110.4200 are required by Minnesota Statutes, section 361.25. They provide procedures for the development and approval of rules and ordinances for resolving water surface use conflict by regulating: A. type and size of watercraft; B. type and horsepower of motors; C. speed of watercraft; D. time of use; E. area of use; and F. the conduct of other activities on the water body where necessary to secure the safety of the public and the most general public use. Statutory Authority: MS s 361.25 Page 40 6110.3400 JURISDICTION OF COMMISSIONER. The commissioner shall exercise his discretion under Minnesota Statutes. section 361.26, subdivision 2 to regulate a water body when so requested by a county, city, or town only when the water body: A. is traversed by a state or international boundary; or B. is within the jurisdiction of two or more counties which cannot agree on the content of ordinances; and C. regulation is necessary to achieve the goals in part 6110.3200. In all other cases, water surface use regulation shall be by county, city, or town ordinance as specified in Minnesota Statutes, sections 378.32 and 459.20. If a body of water is located within the jurisdiction of two or more cities or towns which cannot agree on the content of ordinances, any such city or town may peti- tion the county in which they are located to adopt an ordinance. Statutory Authority: MS s 361.25 6110.3500 EXISTING ORDINANCES AND RULES. All existing ordinances and rules adopted on or after January I. 1975 affect- ing water surface use shall be brought into compliance with parts 6110.3000 to 6110.4200 within a reasonable time period after promulgation of these parts. Statutory Authority: MS s 361.25 6110.3600 ASSESSMENT OF CONDITIONS. Subpart 1. Factors to consider. The commissioner of any governmental unit formulating, amending, or deleting controls for surface waters shall acquire and consider the following information, noting factors that are not relevant: A. Physical characteristics: (1) size: normal surface acreage, if available, or the basin acreage listed in the Division of Waters Bulletin No. 25, An Inventory of Minnesota Lakes; (2) crowding potential: expressed as a ratio of water surface area to length of shoreline; (3) bottom topography and water depth; (4) shore soils and bottom sediments; (5) aquatic flora and fauna; (6) water circulation: for lakes, the existence and locations of strong currents, inlets, and large water level fluctuations; for rivers and streams, velocity and water level fluctuations; (7) natural and artificial obstructions or hazards to navigation, including but not limited to points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms, and buoys; and (8) regional relationship: the locations and the level of recreational use of other water bodies in the area. B. Existing development: (1) Private: to include number, location, and occupancy character- istics of permanent homes, seasonal homes, apartments, planned unit develop- ments, resorts, marinas, campgrounds, and other residential, commercial, and industrial uses. (2) Public: to include type, location, size, facilities, and parking capacity of parks, beaches, and watercraft launching facilities. C. Ownership of shoreland: to include the location and managing gov- ernmental unit of shoreline in federal, state, county, or city ownership as well as private, semipublic, or corporate lands. 2 Page 41 D. Public regulations and management: to include federal, state. or local regulations and management plans and activities having direct effects on water- craft use of surface waters. E. History of accidents which have occurred on the surface waters. F. Watercraft use: to include information obtained in the morning, afternoon, and evening on at least one weekday and one weekend day, concerning the number and types of watercraft in each of the following categories: kept or used by riparians, rented by or gaining access through resorts or marinas, using each public watercraft launching facility, in use on the waterbody. G. Conflict perception and control preferences: to include opinions gained by surveys or through public meetings or hearings of riparians, transients, local residents, and the public at large. Subp. 2. Written statement. Any governmental unit formulating, amending, or deleting controls for surface waters shall submit to the commissioner the fol- lowing: -, A. the information requested in subpart 1, portrayed on a map to the extent reasonable; B. a statement evaluating whether the information reveals significant conflicts and explaining why the particular controls proposed were selected; C. the proposed ordinance; and D. a description of public hearings held concerning the proposed con- trols, including an account of the statement of each person testifying. Subp. 3. Commissioner review and approval. The commissioner shall require the ordinance proposer to provide additional information of the kind described in subpart 1 when needed in order to make an informed decision. The commis- sioner shall approved the ordinance if it conforms with these rules. Statutory Authority: MS s 361.25 6110.3700 WATER SURFACE MANAGEMENT STANDARDS. Subpart 1. Purpose. To promote uniformity of ordinances or rules on the use of watercraft on surface waters of this state, to encourage compliance and to ease enforcement, the commissioner and any government unit formulating such ordi- nances or rules shall follow these standards. When formulating an ordinance or rule, it is not required that all the standards listed below be incorporated into every ordinance or rule. Rather, the commissioner or governmental unit shall select from the standards listed below such standard(s) as are needed to regulate the surface use of waters. Subp. 2. Watercraft type and size. Controls may be formulated concerning the type and/or size of watercraft permissible for use on surface water body(ies) or portions thereof. Subp. 3. Motor type and size. Controls, if any, concerning the maximum total horsepower of motor(s) powering watercraft on surface waters shall utilize one or more of the following horsepower cutoffs or motor types: 25 hp; 10 hp; electric motors; no motors. Subp. 4. Direction of travel. Directional controls, if used, shall mandate watercraft to follow a counterclockwise path of travel. Subp. 5. Speed limits. Controls, if any, concerning the maximum speeds allowable for watercraft on surface waters shall utilize one or more of the follow- ing miles - per -hour cutoffs: A. "Slow -No Wake" means operation of a watercraft at the slowest pos- sible speed necessary to maintain steerage and in no case greater than five mph. 13. 15 mph. C. 40 mph. Page 42 Subp. 6. Effective time. Controls must use one or more of the following time periods. A. sunrise to sunset or sunset to sunrise the following day; B. 9:00 a.m. to 6:00 p.m. or 6:00 p.m. to 9:00 a.m. the following day: C. noon to 6:00 p.m. or 6:00 p.m. to noon the following day: D. all 24 hours of the day. Controls must be in effect during one of the following calendar divisions: all year; Memorial Day weekend through Labor Day weekend; on all weekends and legal holidays occurring within Memorial Day weekend through Labor Day week- end. Controls governing the use of watercraft may be adopted which are placed into effect based upon specific water elevations. Subp. 7. Area zoning. Controls shall clearly specify which portion of the water body is affected by such controls. Area controls may be formulated concerning any of the subject matter cov- ered in the water surface management standards in subparts 2 to 9. Controls concerning a "Slow -No Wake" shall be established for the entire water body or portion thereof according to the following criteria: within 100 feet or 150 feet from the shore; or where watercraft speed or wake constitutes a hazard to persons, property, or the natural resources; or where it has been determined that such control(s) would enhance the recreational use and enjoyment of the majority of users. Subp. 8. Conduct of other activities on a body of water. Controls formulated by a governmental unit which restricts other activities (such as swimming or scuba diving) shall conform to part 6110.3200. Subp. 9. Emergencies. In situations of local emergency, temporary special controls may be enacted by a county, city, or town for a period not more than five days without the commissioner's approval. The commissioner shall be noti- fied, however, as soon as practicable during this five -day period. Subp. 10. Additional evidence. A government unit may submit additional evidence if it feels that variance from the afore - stated standards is necessary to best address a particular problem. The commissioner will review such evidence and shall rant a variance if there are circumstances peculiar to the body or bodies of water in question of such magnitude as to overshadow the goal of uni- formity. Statutory Authority: MS s 361.25 6110.3800 ADMINISTRATIVE PROVISIONS. Subpart 1. Enforcement and penalties. Any government unit adopting ordi- nances pursuant to Minnesota Statutes, sections 378.32 and 459.20 shall provide for their enforcement and prescribe penalties for noncompliance. Rules estab- lished pursuant to Minnesota Statutes, section 361.26 shall be enforced by con- servation officers of the Department of Natural Resources and the sheriff of each county. Rules or ordinances shall contain a provision exempting authorized resource management, emergency, and enforcement personnel when acting in the perfor- mance of their assigned duties. They may also provide for temporary exemptions from controls through the use of permits issued by the unit of government adopt- ing the ordinance or rule. Subp. 2. Commissioner's approval for proposed ordinances. Any governmen- tal unit formulating ordinances or desiring amendments and deletions to existing ordinances shall submit the written statement required by these rules with the proposed ordinance to the commissioner pursuant to Minnesota Statutes, section a Page 43 378.32 for his approval or disapproval. Determination of approval or disap- proval shall be based upon the written statement and the compatibility of the ordinance with these rules. If the proposed ordinance is disapproved by the com- missioner and a satisfactory compromise cannot be established, the governmen- tal unit may initiate a contested case hearing to settle the matter. The commissioner shall notify the governmental unit in writing of his approval or disapproval of proposed ordinances within 120 days after receiving them pursuant to Minnesota Statutes, section 378.32. Failure to so notify shall be considered approval. Subp. 3. Public notice. Any governmental unit adopting ordinances shall pro- vide for adequate notification of the public, which shall include placement of a sign at each public watercraft launching facility outlining essential elements of such ordinances, as well as the placement of necessary buoys and signs. All such signs and buoys shall meet requirements specified in Minnesota Statutes, section 361 and parts 6110.1500 to 6110.1900. The commissioner shall publish and update at his discretion a listing of watercraft use rules and ordinances on surface waters of the state for distribution to the public. Statutory Authority: MS s 361.25 CHAPTER 86B REGULATION OF SURFACE WATER USE 86B.201 STATE LAW AND LOCAL ORDINANCE AUTHORITY. Subdivision 1. Application of state law. The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other related matters for a watercraft operated on the waters of this state, or the time when an activity regulated by this chapter may take place. Subd. 2. Local authority to adopt ordinance. (a) This chapter does not limit the authority of a political subdivision of this state to adopt regulations that are not incon- sistent with this chapter and the rules of the commissioner relating to the use of waters of this state that are wholly or partly within the territorial boundaries of a county or entirely within the boundaries of a city. (b) A city of the first class of over 200,000 or the park board of the city may forbid the use of motorboats or boats with attached motors on its lakes. History: 1990 c 391 art 9 s 9 86B.205 WATER SURFACE USE ORDINANCE. Subdivision 1. Assistance. The commissioner shall develop and publish guidelines to assist counties adopting water surface use ordinances for waters within their jurisdic- tion. • Subd. 2. Surface use ordinances. (a) A county board may, by ordinance, regulate the surface use of bodies of water located entirely or partially within the county and not located entirely within the boundary of a single city or lake conservation district established by law. Page 44 5. (b) If a body of water is located within more than one county, a surface use ordi- nance is not effective until adopted by the county boards of all the counties where the body of water lies under section 471.59 or placed into effect by order of the commis- sioner under subdivision 9. (c) With the authorization of an affected city or lake conservation district. a county board may assume and exercise the powers in subdivisions 2 to 5 with respect to bodies of water lying entirely within that city or lake conservation district. The regulation by the county of the surface use of a portion of a body of water located within the boundary of a city. must be consistent with any city regulation existing on May 25, 1973, of the surface use of that portion of the body of water. After January 1, 1975, the ordinance must be consistent with the provisions of this chapter and rules of the commissioner under this chapter. Subd. 3. Prior ordinances invalid without approval. A surface use zoning ordinance adopted under subdivisions 2 to 5 by a local governmental unit after May 25, 1973, is invalid unless it is approved by the commissioner. Subd. 4. Approval of ordinances. A proposed surface use zoning ordinance must be submitted to the commissioner for review and approval before adoption. The com- missioner must approve or disapprove the proposed ordinance within 120 days after receiving it. If the commissioner disapproves the proposed ordinance, the commis- sioner must return it to the local governmental unit with a written statement of the rea- sons for disapproval. Subd. 5. County regulatory authority. A county board may: (1) regulate and police public beaches, public docks, and other public facilities for access to a body of water, except: (i) regulations are subject to subdivision 6; (ii) a county board may not regulate state accesses; and (iii) a municipality may by ordinance preempt the county from exercising power under this subdivision within its jurisdiction; (2) regulate the construction, configuration, size, location, and maintenance of commercial marinas and their related facilities including parking areas and sanitary facilities in a manner consistent with other state law and the rules of the commissioner of natural resources, the pollution control agency, and the commissioner of health, and with the applicable municipal building codes and zoning ordinances where the marinas are located; (3) regulate the construction, installation, and maintenance of permanent and temporary docks and moorings in a manner consistent with state and federal law, per- mits required under chapter 1030, and sections 86B.111 and 86B.115; (4) except as provided in subdivision 6, regulate the type and size of watercraft allowed to use the body of water and set access fees; (5) subject to subdivision 6, limit the types and horsepower of motors used on the body of water, (6) limit the use of the body of water at various times and the use of various parts of the body of water; (7) regulate the speed of watercraft on the body of water and the conduct of other activities on the body of water to secure the safety of the public and the most general public use; and • (8) contract with other law enforcement agencies to police the body of water and its shore. Page 45 Subd. 6. Public access restrictions. The county board must allow the same types and sizes of watercraft and horsepower of motors to access and enter the lake or water body as are generally allowed to be operated on the lake or water body. Special use exceptions that are not dependent on Lakeshore or property ownership may be granted by permit. Subd. 7. County acquisition of public access. A county board may acquire by pur- chase, gift. or devise land for public access to a lake or stream and may improve the land as a park or playground if the land is less than ten acres and is contiguous to the meander line of a navigable lake or stream wholly or partly within the county and not entirely within the corporate limits of a city. Subd. 8. Advisory assistance. The county board may invite any municipal council or town board or the soil and water conservation district board of supervisors or water- shed district board of managers to designate a representative to advise and consult with the county board on water use regulation and improvement. Subd. 9. Watercraft use rules for local waters. (a) On request of a county, city, or town, the commissioner may, after determining it to be in the public interest, establish rules relating to the use of watercraft on waters of this state that border upon or are within, in whole or in part, the territorial boundaries of the governmental unit. (b) The rules shall be established in the manner provided by sections 14.02 to 14.62, but may not be submitted to the attorney general nor filed with the secretary of state until first approved by resolutions of the county boards of a majority of the coun- ties affected by the proposed rules. (c) The rules may restrict: (1) the type and size of watercraft and size of motor that may use the waters affected by the rule; (2) the areas of water that may be used by watercraft; (3) the speed of watercraft; (4) the times permitted for use of watercraft; or (5) the minimum distance between watercraft. (d) When establishing rules, the commissioner shall consider the physical charac- teristics of the waters affected, their historical uses, shoreland uses and classification, and other features unique to the waters affected by the rules. (e) The commissioner shall inform the users of the waters of the rules affecting them at least two weeks before the effective date of the rules by distributing copies of the rules and by posting of the public accesses of the waters. The failure of the commis- sioner to comply with this paragraph does not affect the validity of the rules or a convic- tion for violation of the rules. (f) The cost of publishing rules and of marking and posting waters under this sub- division shall be paid by the counties affected by the rules, as apportioned by the com- missioner. (g) Regulations or ordinances relating to the use of waters of this state enacted by a local governmental unit before January 1, 1972, shall continue in effect until repealed by the local governmental unit or superseded by a rule of the commissioner adopted under this subdivision. History: 1990 c 391 an 9 s 10 1 Page 46 86B.211 WATER SAFETY RULES. The commissioner shall adopt rules and publish the rules in the manner prescribed in section 97A.051, subdivision 3, that relate to: (1) the application for, form. and - numbering of watercraft licenses: (2) the size. form, reflectorized material, and display of watercraft license num- bers, which must comply with the requirements of the federal watercraft numbering system: (3) placement and regulation of docks, piers, buoys, mooring or marking devices. and other structures in the waters of this state; (4) rules of the road for watercraft navigation; (5) standards for equipment used in the towing of persons on water skis, aqua- planes, surfboards, saucers, and other devices; (6) standards for lights, signals, fire extinguishers, bilge ventilation, and lifesaving equipment; (7) standards of safe load and power capacity; (8) accounting, procedural, and reporting requirements for county sheriff; (9) designation of swimming or bathing areas; (10) standards of safety for watercraft offered for rent, lease, or hire; (11) the use of surface waters of this state by watercraft as provided and in accor- dance with section 86B.205, subdivision 9, paragraphs (c) and (d), including: (i) standards and criteria for resolving conflicts in the use of water surfaces by watercraft; (ii) procedures for dealing with problems involving more than one local govern- mental unit; (iii) procedures for local enforcement; and (iv) procedures for enforcing the restrictions in section 86B.205, subdivision 9, paragraph (c); and (12) other rules determined by the commissioner to be necessary to implement the provisions of this chapter. History: 1990 c 391 art 9 s 11 LAKE IMPROVEMENT DISTRICTS 103B.551 BOARD OF DIRECTORS. Subdivision 1. Membership. After a lake improvement district is established. the county board or joint county authority shall appoint persons to serve as an initial board of directors for the district. The number, qualifications, terms of office. removal. and filling of vacancies of directors shall be as provided in the order creating the board of directors. The initial and all subsequent boards of directors must include persons own- ing property within the district, and a majority of the directors must be residents of the district. Subd. 2. Compensation. The directors shall serve with compensation as deter- mined by the property owners at the annual meeting and may be reimbursed for their Page 47 actual expenses necessarily incurred in the performance of their duties in the manner provided for county employees. Subd. 3. Powers. County boards. joint county authorities, statutory and home rule cities. and towns may, by order. delegate the powers in this section to the board of direc- tors of a district to be exercised within the district. Programs and services undertaken must be consistent with the statewide water and related land resources plan prepared by the commissioner of natural resources and with regional water and related land resources plans. A body of water may not be improved by using authority granted under this section unless the public has access to some portion of the shoreline. County boards. joint county authorities. statutory and home rule cities, and towns may delegate their authority to a district board of directors to: (1) acquire by gift or purchase an existing dam or control works that affects the level of waters in the district; (2) construct and operate water control structures that are approved by the com- missioner of natural resources under section 1030.245; (3) undertake projects to change the course current or cross section of public waters that are approved by the commissioner of natural resources under section 103G. 245; (4) acquire property, equipment, or other facilities. by gift or purchase to improve navigation; (5) contract with a board of managers of a watershed district within the lake improvement district or the board of supervisors of a soil and water conservation dis- trict within the district for improvements under chapters 103C and 103D; (6) undertake research to determine the condition and development of the body of water and the water entering it and to transmit the results of the studies to the pollu- tion control agency and other interested authorities; (7) develop and implement a comprehensive plan to eliminate water pollution; (8) conduct a program of water improvement and conservation; (9) construct a water, sewer, or water and sewer system in the manner provided by section 444.075 or other applicable laws; (10) receive financial assistance from and participate in projects or enter into con- tracts with federal and state agencies for the study and treatment of pollution problems and related demonstration programs; (11) make cooperative agreements with the United States or state government or other counties or cities to effectuate water and related land resource programs; (12) maintain public beaches, public docks, and other public facilities for access to the body of water; (13) provide and finance a government service of the county or statutory or home rule city that is not provided throughout the county or, if the government service is pro- vided, the service is at an increased level within the district; and (14) regulate water surface use as provided in sections 86B.205, 1030.605, and 1030.617. History: 1990 c 391 art 2 s 40 Page 48 PARK DISTRICT 398.08 GENERAL POWERS. Park districts shall have all the rights, powers. privileges and immunities of a municipal corporation at common law and they shall be subject to the duties of a municipal corporation at common law. Except as otherwise limited in this chapter they shall have perpetual succession, may sue and be sued. may use a corporate seal, may acquire by lease. purchase, gift, condemnation or otherwise such real and personal property as the purposes of the board may require and may hold. manage. control. sell, convey, lease or otherwise dispose of such property or its interests therein. The board shall have full authority to exercise all the powers of the district, to make all necessary or desirable contracts, to procure public liability and other insurance protection as may be necessary or desirable. to hire and employ help and assistance as its needs require. to exercise the power of eminent domain, to enact ordinances and to declare that the violation thereof shall be a penal offense and to prescribe the penalties thereof, not to exceed a fine of $100, or imprisonment in a statutory city or county jail for a period of not more than 90 days, or both, and in either case the cost of prosecution may be added to the penalties imposed. The board shall have full power and authority to acquire and establish parks and to operate, maintain, protect, improve and preserve a park system and to conduct a recreational program in its parks. History: 1955 c 806 s 8; 1973 c 123 art 5 s 7 398.09 SPECIFIC POWERS. Park district boards in addition to the foregoing general powers shall have these specific powers: (a) The power to regulate by ordinance the use of the waters of any lake lying wholly within a park established under this chapter and the use of any lake shore which is within a park established under this chapter and the waterfront immediately abutting such lake shore for not to exceed 300 feet therefrom, by all persons, including persons boating, swimming, fishing, skating or otherwise, in, upon or about said lake, lake shore and abutting waterfront, subject to regulation by the state of Minnesota. CITIES AND TOWNS 459.20 AUTHORITY OVER PUBLIC WATERS. The governing body of any home rule charter or statutory city or town in the state has, with respect to any body of water situated wholly within its boundaries, all the pow- ers to improve and regulate the use of such body of water subject to section 86B.205, subdivision 6, as are conferred on county boards by sections 86B.205 and 103F.801, and to establish and administer lake improvement districts under sections 1038.501 to 1038.581. With respect to any body of water situated wholly within the contiguous boundaries of two or more home rule charter or statutory cities or towns or any combi- nation thereof, the city councils and town boards may, under the provisions of section 471.59, jointly exercise such powers to improve and regulate the use of the body of water subject to section 103F.751, as are conferred on county boards by sections 86B. 205 and 103F.801, and to establish and administer lake improvement districts as pro- vided under sections 1038.501 to 1038.581, provided that no home rule charter or stat- utory city or town may establish and administer a lake improvement district or exercise any of the powers granted in this section if a lake improvement district covering the same territory has been created by a county board under sections 1038.501 to 103B. 581. References in sections 86B.205, 1038.501 to 1038.581. and 103F.801 to the county board shall be construed to refer to the governing body of a home rule charter or statutory city or the board of supervisors of a town. Page 49 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 CITY OF LITTLE CANADA APPLICATIONS PARK & RECREATION COMMISSION MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson The Council of the City of Little Canada is seeking applicants to fill one vacancy on the Little Canada Park & Recreation Commission. The term of office is through December, 1997. The Park & Recreation Commission usually meets once a month on the first Thursday of each month. Members receive $10 for meetings attended. The Park & Recreation Commission advises the City Council on matters relating to parks, park development and recreation within the City. All persons desiring to serve on the Park & Recreation Commission are requested to submit their own resumes on or before August 3, 1995 to the City Administrator, City of Little Canada, 515 Little Canada Road, Little Canada, MN 55117. Applications will be considered at the August 9, 1995 meeting of the City Council. Joel R. Hanson City Administrator Page 50 2442 Rice Street #158 Little Canada, MN 55113 July 31, 1995 Mayor and Council Members City Hall 515 East Little Canada Road Little Canada, MN 55117 Dear Mr. Mayor and Council Members: I am hereby submitting my application to be considered for the vacancy on the Parks And Recreation Commission for the City of Little Canada. I have had five years experience as a City Commissioner in the City of Chula Vista, CA serving as member and chairperson. My specific area of expertise on that commission was Cultural Arts. I have also been involved with children's summer recreation programs amd I was founding chairperson for the City Music Festival. I served for three years on the Bayfront Development Commission and four years as a Chamber of Commerce Ambassador. I recently retired from my restaurant business and relocated to Minnesota. I currently teach Culinary Arts to disadvantaged youth at Hubert H. Humphrey Job Corps Center in St. Paul, a Department of Labor Contract. I would enjoy the opportunity to serve our community of Little Canada with the same commitment and enthusiasm that I gave to the Mayor, Council Members, and citizens of Chula Vista, CA. I am enclosing my resume and references for your consideration. Thank you for taking the time to review my application. Pat Ables Page 51 SUMMARY PATRICIA M. ARLES 2442 Rice Street #158 Little Canada, MN 55113 (612) 481 -8506 Thirty years experience in food preparation and presentation, restaurant /bar management, and employee supervision. Holds a Certificate of Proficiency from New Zealand Chef's Association, Teaching Credentials for States of Minnesota and California, and a Food Service Sanitation Managers Certificate. 1994 - 1995 Culinary Arts Program Coordinator, Hubert H. Humphrey Job Corps Center, St. Paul, MN. Dept Of Labor contract. 1992 - 1993 Culinary Arts /Hospitality Instructor, San Diego Job Corps Center, Imperial Beach, CA. Dept Of Labor contract. 1988 - 1992 Professor in Engineering Applied Sciences Department of Southwestern Community College in Chula Vista. Food & Beverage Services Coordinator from Feb 1991. 1985 - 1993 Owner /Food & Beverage Manager, Abigail Catering /The Abigail Pantry /Abigail's Restaurant. 1985 - 1989 Food Service Training Program Supervisor. Association For Retarded Citizens, San Diego. 1984 - 1985 Pantry Chef, Hotel Del Coronado 1980 - 1984 Manager, Chula Vista Lions Club Community Center 1980 - 1980 Manager, Crown City Coffee Shop, Coronado, CA 1976 - 1978 Bar Manager, New Railway Hotel, Christchurch, NZ 1959 - 1976 Owner /Manager, Granity Hotel, NZ Community Service: Founding Chair Person, City Music Competition and Festival Commissioner and Chairperson, Cultural Arts Commission Ambassador, Chamber Of Commerce Commissioner, Bayfront Development Commission Board of Directors, Girls And Boys Club Of America Founding Member and Past - President, On Stage Productions Founding President, On Stage Productions Community Theater Member, Soroptomists Club Member, American Business Women's Association National Vice President, New Zealand Community Theater Federation Page 52 Patricia M. Ables 2442 Rice Street #158 Little Canada, MN 55113 (612) 481 -8506 References: Mr. Boyd Barger Center Director San Diego Job Corps Center 1325 Iris Ave. P.O. Box 186 Imperial Beach, CA 91932 (619) 429 -8500 Mr. Ralph DiBattista Center Director Hubert H. Humphrey Job Corps Center 1480 N. Snelling Ave. St. Paul, MN 55108 (612) 642 -1133 X105 Mr. Tim Nader Mayor, Chula Vista City Council 276 Fourth Avenue Chula Vista, CA 91910 (619) 691 -5044 Mr. Donald R. Read Chief Executive Officer Chula Vista Chamber Of Commerce 233 Fourth Avenue Chula Vista, CA 91910 (619) 420 -6603 Page 53 •col I Y A O E u Iti c 0. .0.• wet term, ;,t,, , , sr. O IlilliW f•'�6�•.t .. III i i � ,k�yk� • I:4S. � `� 00 a: cs; = ?kt ... 3 4., 0 r a •t THIS IS TO CERTIFY THAT PAT ABLES HAS BEEN APPOINTED BY THE CITY COUNCIL FOR THE PRESCRIBED TERM, AS A MEMBER OF THE O O D s a) c) 1 Page 54 N O O 0