In Congress, July 4, 1776

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Contract for Wayzata Boulevard Corridor Study approved

Small backyard homes, basement dwellings and above-garage living units have been the hot topic of discussion during the city’s drafting of Ordinance 811 over the last year.

The ordinance, which had its first reading during Tuesday’s council meeting, makes amendments to ordinances for residential, commercial and institutional zoning districts. Eleven districts in total are affected by the changes, which are meant to bring city code into alignment with the 2040 Comprehensive Plan.

“Ultimately we want our zoning code to work for us, but also be usable for developers and property owners,” said Emily Goellner, Community Development Director.

The proposed update brought about several significant changes to the code. It creates a “New Use Table” which allows staff, developers and property owners to easily see what is allowable or allowed by permit in each district. It eliminates overly specific uses which differentiated jewelry stores, locksmiths and taxidermists for example, and considers them under general retail. It reins in the language of the R-5 district, which was called “out of whack” with the comprehensive plan compared to other districts. It also addresses guidelines for Accessory Dwelling Units.

According to the proposal, ADUs must always be smaller than the main unit on the property. To have an ADU, the lot area must be 11,000-square-feet or larger in the R-3 and R-3A districts if it is detached from the primary home structure. A detached ADU is limited to two stories or 25 feet in height. The owner of the property is required to live in one of the units on site.

“The idea behind allowing them was to consider ways to increase housing diversity in our community,” said Valerie Quarles, Assistant City Planner. “We can account for more people wanting to live alone — live intergenerationally — stay living on their properties longer than their two-story home would allow them to.”

The setback requirement for accessory buildings, such as a garage calls for 5-feet in the front and rear yard. Councilwoman Cathy Iverson questioned whether that was too small for a unit which would have people living in it. After a short discussion between the council and staff, a caveat was added that a 5-foot setback is allowed for structures in existence before the date the ordinance goes into effect. It will go into effect when it is published in the Sun Sailor. After that, new ADU structures will require a 10-foot setback.

Councilman Jeff Buchanan raised concern over an increase in short-term rental units such as AirBNBs taking the “charm” away from the community. According to Goellner, there are about a dozen short-term rentals spread around town.

There was one letter from the public submitted on this item and included in the agenda packet. The author of the letter was looking into converting their basement into an ADU. They were concerned about the ADU size cap, which is set at 960-square-feet and no more than 33-percent of the residence’s living space. They felt this size cap would limit their ability to implement an ADU, even though 960-square-feet is far less than 33-percent of their existing home.

“If you have a 1,200-square-foot home and want to convert a 1,200-square-foot basement, in my opinion I don’t see how that differs from a duplex,” Quarles said. “I would be more comfortable with a variance if it were to go above that ADU cap.”

Finally, the amended zoning ordinance creates a new district, District C-3A, which encompasses the Wayzata Blvd corridor. The new district allows for a taller building height up to three stories. No properties are being rezoned at this time, but this allows developers to rezone properties to the C-3A district while a study on the corridor is still underway.

If a developer did want to construct a three-story building, they would need to rezone their property which requires council approval. 

The council unanimously approved the adoption of the resolution and first reading of the zoning ordinance amendment.

Wayzata Boulevard Corridor Study

The next item on the agenda was approving a services agreement with SRF Consulting, based in Minneapolis, for the Wayzata Boulevard Corridor Study. The services agreement is not to exceed $74,984.25. The 2022 Capital Improvement Plan budgets $128,800 for the corridor study. The remaining budget will be allocated to an agreement with city architect Van Meter Williams Pollack.

The study will consider Wayzata Blvd in four sections: Highway 12 to N. Minnetonka Ave; N. Minnetonka Ave to Superior Blvd; Superior Blvd to Highway 12; S. Central Ave. from Wayzata Blvd to Highway 12.

“The reason why we broke it up is because the character of each of these segments is quite different,” Goellner said. 

A team of city staff members and the architect will meet bi-weekly throughout the study. The study will include community engagement, design strategy, a roadway safety analysis, a transportation and mobility plan, and a small area land use plan.

The design portion of the study will focus on the western portion of Wayzata Blvd, which is slated for reconstruction east of N. Central Ave in the early 2030s.

SRF Consulting was involved in the 2040 Comprehensive Plan process.

“We’re just excited to be a part of this community,” said Mike McGarvey, Project Director. “We’re just happy to continue our relationship with this city.”

While councilors Alex Plechash, Molly MacDonald and Buchanan voiced their approval of the study, Iverson was not in favor.

“The main reason is I, from a philosophical standpoint, do not agree with the redevelopment of Wayzata Blvd,” she said. “As I stand today and the feedback I get from residents, I cannot support this.”

Iverson clarified that her opposition was not directed toward the contractor, but was focused particularly on redeveloping at the corner of Wayzata Blvd and N. Central Ave.

Buchanan motioned to approve the agreement, which passed by a 3-1 vote.

The Wayzata City Council unanimously approved the schematic design and permit for alterations to the Section Foreman House during a regular meeting on May 17.

City staff, along with representatives from design firm Cushing Terrell, presented renderings and layouts of what is to come for the historic building. This includes the preservation and restoration of the house as a historic site, as well as alterations to make it accessible for all visitors.

The house will become a learning center for children, with activities taking place inside and outside of the structure. Programming will be held on the first floor of the house, with the basement and second floor used for storage and maintenance. There is room for about a dozen people to take part in indoor gatherings.

As for alterations, two doors will be widened and a ramp will be installed on the east side for accessibility. The north-side facade will be kept structurally as is.

To maintain the historic feel of the house, documentation was collected about its history from inception to today.

“Great advocacy efforts were made,” said Quentin Collette, director of New History, a consulting firm. “The historical significance of this building has been celebrated and recognized.”

The celebration and recognition Collette referred to included the city designating the building a heritage preservation site in 2020. Then in 2021 it was listed on the National Register of Historic Places.

The estimated cost of construction and improvements to the Section Foreman House is $1.325 million, which will be funded through private donations. This estimate includes 10 years of operation and maintenance with inflation taken into account. It does not include the installation of fire suppression equipment at an estimated $40,000 cost, which the council also opted to approve at the recommendation of staff.

BNSF Railway pledged a $25,000 grant toward the house for signage. 

“I like the simplicity of what I see,” Mayor Johanna Mouton commented. “Most importantly we are able to resurrect a piece of history where there are so few left. And put it to such amazing use and that is the education of all children from around the area.”

The address of the Section Foreman House is 738 Lake Street East, Wayzata, MN 55391

Following the approval of the schematic design and alterations of the Section Foreman House, the council also approved a zoning amendment creating a new district called “Parks and Open Spaces.” The zoning amendment passed its first reading, which will codify the zoning requirements of 11 parks and 15 open spaces in Wayzata. 

Parks planner Nick Kieser said this move will add another layer of protection to the city’s parks in the case of those properties being sold or a future council wishing to redevelop. If either scenario would happen, the property in question would need to go through a rezoning process and public hearing, allowing for public input.

“All of the development that happens within these park parcels are incorporated in the Parks and Trails Master Plan,” Kieser said. “This zoning is not changing anything proposed in the master plan. It’s just rezoning it into what the Parks and Trails Master Plan intends to achieve.”

The proposed zoning change went through a Zoning Task Force review twice, two Parks and Trails Committee reviews, a community meeting in March and a review by the planning commission in April.

All of the property being converted to the new zoning district is city owned property. Kieser noted the intention is to include the Panoway to this zoning classification in the future.

In other business

The council unanimously approved on-sale and Sunday on-sale liquor licensing for Macanda, a new Mexican restaurant opening soon at the former Wayzata Brew Works location at 294 E. Grove Lane. 

The restaurant’s planned operating hours are 3-10 p.m. Monday-Friday and 11 a.m.-10 p.m. on Saturday and Sunday. 

Aaron Switz, co-owner of Z&H Boatworks which will operate Macanda, said the restaurant will seat 80 people inside plus 17 at the bar, and another 70 to 90 people on the patio. The target opening date is June 21.

“I own a bunch of restaurants in town,” Switz said. “This one is more of a high-end Mexican food with an interior that makes people feel like they are on vacation.”

City manager Jeff Dahl said the police department completed a background check on the applicant, site and the use being requested by permit. They found no issues with approving the permit.

The city council unanimously passed a resolution denying a Planned Unit Development (PUD) concept plan for 200 E. Lake Street.

The council passed the resolution following the recommendation of the planning commission. The commission cited concerns about mechanized parking, traffic, parking located under the water table, lack of public benefit and obstructing views among other issues. More than 100 pages of public comments were received and several members of the public spoke against the concept at the meeting in February. 

The concept before the council Tuesday included an underground mechanical parking system, 32 condominiums and retail space. There would also be pocket parks on the property, and 25-foot facade breaks every 150 feet.

During Tuesday’s meeting, applicant Curt Fretham, chief manager of Lakewest Development, said there were several aspects of his concept which were misrepresented to the commission. He believes the miscommunication caused the commission to recommend denial.

Among the information Fretham said was incorrect was stating the concept had 133 parking stalls. He said he is proposing 230 stalls. The commission was told the concept would remove the sidewalk on the west end of the site, which he said will be built back with a width reduction. He said the plaza would be entirely handicap accessible which he said one of the commissioners thought it would not be. Finally, he noted the traffic study he had conducted confirmed the plan meets city requirements.

“I think staff can concur all those things are true. Can you please do that?” Fretham asked.

“We are not prepared to verify those facts at this time,” responded Emily Goellner, community development director.

After a back-and-forth with Mayor Johanna Mouton on whether the council had accurate information on the concept, Fretham said he commissioned architects to come up with alternatives. Mouton asked Fretham to clarify whether he was making a proposal. She reiterated that the council would only be considering the concept reviewed by the planning commission and whether or not to adopt its resolution for denial. Fretham said he had seen applicants propose modifications to council before.

“This is more than a modification. This is a completely different design, sir,” Mouton said.

City manager Jeffrey Dahl said Fretham’s new proposal was submitted late the week prior to the meeting and was not included in the agenda packet.

Fretham agreed to continue his presentation without the new modifications.

“I hope that you can see we’ve applied these principles of being a good listener. Our request is reasonable,” he said.

Mouton asked staff if it had a response to Fretham’s statement about his concept being misrepresented to the planning commission. Planner Eric Zweber said he agreed the traffic study was reviewed and meets city standards, but he disagreed with Fretham’s other three points.

The council voted unanimously to deny the application, citing similar concerns as the planning commission.

“I am disappointed today in how this meeting started. I am disappointed in the tone that was taken,” Mouton said. “You can insult me all day long, sir. I don’t accept that for the people that provided the recommendations after many hours of deliberation and heard and read every piece of information that you provided them.”

In other business

The council moved to consider an application by Comcast for a cable franchise to operate a cable system with cable services in Wayzata. Comcast, the largest cable television operator in the country, has 110 franchises in Minnesota. 

The company is proposing a 750 MHz system, largely using fiber optic communication cable, which would provide more than 200 channels and other services delivered via cable. If the application is approved, Comcast would begin construction this summer, bringing customers live as it goes, with completion by third quarter 2023.

The council approved a driveway setback variance for 445 Bovey Road. City engineer Mike Kelly said the driveway crosses a large sewer main. Without allowing the setback variance, there could be an impact on the city’s ability to access the main. The variance will also save several trees on the property. Mouton was the lone vote against approval.

The council unanimously denied four applications meant to redevelop a lot at 1022 E. Wayzata Boulevard. The former gas station location land locks a small, non-conforming residential property which the applicant also purchased to redevelop. Staff recommended the applicant combine both parcels into one.

The applicant was proposing a Caribou Coffee location, which would largely cater to drive thru orders, alongside an Urban Wok. The planning commission recommended denial at its meeting in March.

Residents of the neighborhood spoke against the plan, citing noise from the drive-thru microphone, traffic and the loss of the property as a buffer.

Councilor Alex Plechash said combining the lot seems to have some adverse effects for the neighborhood. He noted the property owner has a right to try to develop the lot.

“If you’re wanting to keep it as a buffer, why don’t you buy it?” he asked. “He owns it and he has a right to propose what he wants to do. If you want that lot to remain a buffer you should buy that lot.”

Trojans 71, Moorhead 28 as Trojans advance in opening round

Defending State Class AAAA Champion Wayzata won a lopsided contest against the Moorhead Spuds in the opening round of the MSHSL State Basketball Championship Tournment on Tuesday, March 22nd.

Myles Barnette went 6 of 6 on field goal attempts and 1 of 2 from the line to score 13 points in the contest. Spencer Hall shot 4 of 6 from the floor and 1 of 3 from behind the arc on his way to 11 points. 

The Trojans will take on Cretin-Derham Hall and senior guard Tre Holloman Thursday, March 24th at 8pm at Williams Arena. The Raiders were able to Holloman had six rebounds and nine dimes in the Raiders 52-51 win over Number 2 seed Owatonnna.