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1999-08-03AGENDA MOUND CITY COUNCIL COMMITTEE OF THE WHOLE MEETING TUESDAY, AUGUST 3, 1999 AT 8:00 P.M. MOUND CITY COUNCIL CHAMBERS 7:30 P.M. SPECIAL HRA MEETING - SEE ATTACHED AGENDA 8:00 P.M. (approximate) - COW 2. 3. 4. 5. 6. Discussion on replacement well and future water needs. Discussion on infrastructure issues. Storm Water Utility Charges. Discussion drainage problem on Halstead Lane. EXECUTIVE SESSION: Woodland Point Litigation. Discussion on Agreement between the City of Mound and Lake Minntonka Communications Commission to run Public, Educational, and Governmental (PEG) access programming. Discussion on City Manager replacement. Discussion on Tax Forfeit Property that Michelle Berglund would like to purchase. Discussion on personal vehicle use and mileage reimbursemem. Adjourn. 2 2, Igg9-- 4:18PM~MCCOMBS FRANK ROOS Eng~ ng No. 3909~P, Plann~g ' 2/3~ Surveying MEMORANDUM TO: Edward J. Shulde, ~., City Manager FROM: lohn Cameron, City Engineer DATE: November 4, I99g SUBJECT: City of Mound Proposed Plat "South Saunders .Lake" Minnetrista Request for City Utilities MFRA NO.: 12149 As per the Council's request at the Committee ofthe Whole (COW) meeting of October 20, 199g, we are submitting the following additional The estimateA cost of a 16" to 18", 200-foot deep municipal well capable of pumping 7:50 to 1,000 gpm would be approximately $125,000. An additional $25,.000 should be added for a building to house the che~ feed equipment and piping necessary to connect to thc City's distribution system. Thus, for planning purposes I would suggest using $150,000 plus 20 percent for engineering, legal, fiscal, and admLui~ve costs for a total of approximately $1g0,000. h must be understood that the actual cost to'install a new well has a number of variables that can greatly affect est~m,~s. I! is conceivable that a well of much greaer depth may be required at a specific location in order to achieve the output desired. Our estimate is based on the City's four existing wells, wMch range in depth from 175 feet to 317 feet. The City's pr/mary well is No. 7 and is 195 feet deep in glacial dAf~ A logical location for the well and building would be the City owned property adjacent to the elevated storage tank on Evergreen Lane. Them should be enough available space south of the tower without affecting the existing park. 15050 2$rd Avmnu¢ North . Plymourl~, Minnesota . 55447 pt~one 612/476-6010 . fax $12/476-g552 e-mail: rnfr~mlra.com 2, l§9g~ I'I§P~CCO~BS FRANK ROOS 3gog~P, 3/3~ Edward J. Shulde, Jr., City ~,4anager November 4, 1998 Page 2 I waz a lit=dc low with thc estimated c~st for a water tower. The elevated storage ~ arc c~ntly oosting bctw~n $130 and $1.$0 per gallon; thus a 350,000 gallon tower would cost roughly $500,000 to construct. Here too, an additional 20 percent or $100,000 should be added to cover engineering., legal, fiscal, and administrative costs. I do not have a good location to suggest, except ~h¢ present tower site on Chateau Lane. This existing 75,000 gallon tower would be eliminated with the consuuction of a new tower, regardless of where the new tower is locatccl. Any site should be fairly close to one oft, he Civ/'s larger distribution mains, other, vise th_ere will be additional costs .to ire'all a new watermain. ¢:~"nain:kl2149~mklel 1.4 MOUND POLICE DEPARTMENT Memo To: Mayor Pat Meisel From: Len Harrell Date: 07/20/99 Re: Infrastructure Issues There are only three issues that come to mind for the police department in terms of facility needs. Kennel: We have explored for several years the need for a local impound fadlity for the Lake area in general. We are at the mercy of a provider in Mayer because the Wdght County Humane Society would not handle the volume of biting dogs that we have experienced. The time for officer travel as well as the inconvenience for citizens is a major issue in our current arrangement. It is expensive and unknown how long the current owner will be available for our impounds. A local kennel for our impounds would cost in the neighborhood of $200,000 for a cement block building with fenced runs if we were to have land available. Garages: Squads currently are stored out of doors. We have experienced some vandalism, but the larger issue is winter parking and cold weather starting. On many extremely cold days, officers are confronted with vehicles that will not start and assistance is needed from our service provider for starting. I do not know what the cost would be, but the area where the vehicles are currently parked would accommodate a structure being built into the hill behind city hall on property currently owned by the city. Property Storage: Current overflow for large items is at Island Park. Remodeling there may change the use of the structure and require a change in our storage habits both for secudty and space concerns. A storage facility closer to our current location would save time and travel. Suggestion: A multi purpose facility north of the current police department built into the hill accommodating garages, additional storage, and a six run sound proof kennel. I have not researched the cost of such a facility but it may be able to address all of our future needs in one facility. · Page 1 FROM : MUNIMETRIX SYSTEMS CORP FAX NO. : 7753344788 Jul. 30 1999 Munimetrix Systems Corporation 1325 Airmotive Way-Suite 300 · Reno, Nevada 89502 · Phone (702) 334-4777 · For Product / Sales Information E-Mail: mai. lCa0munimctrix.com Web Site: www.munimetrin.com (800) 548-7895 Fax (702) 334-4788 For Customer Support (800) 45%3733 Scanl~lg/OCR Informalion T}~ you for your interest in file Munimelrix scanning solution. W'ilh Munimctrix's respected standing itt t}le Clerk's Indexitg arena, scamiing was ;m expected addition to our product linc. Wc know your requirement% and now we can offer a more complete solutio.,l to your agency. I am fotx*arding information on several r~mge, s of scanning solutions. 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Sincerely, Munimctrix Systems Corporation I:~MMX\WPD OC$ ~USSS;OCR.COV.DOC CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 July 29, 1999 TO: Pat Meisel, Mayor From: Jim Fackler, Park Director Subject: Future Improvements 1) Park Garage Repair 2) Yearly Wall Replacement for lOyrs 3) Park Play Structure Replacement for 10yrs 4) Tennis Court Replacement 3 Courts 5) Moundbay Park Parking Lot 6) Ball Field Repair Swenson, Philbroke & Three Pts. 7) Play Shelters Swenson, Philbroke, Three Pts. & Highland 8) Moundbay Boat Launch Repair 9) Purchase Property On Lynwood & Westedge 10) Depot Deck On Lake Side 11) Repair Four Small Boat Landings 12) City Hall Work Stations 13) City Hall Refurbish / Carpet, Paint & etc. 14) City Hall Lower Level Parking Garage 15) Storm Drain Under Swenson Repaired 16) Dakota Rail Trail Way Fund 17) Top Dress Commons Rip Rap for 5yrs 18) Fund For Monies To Be Used To Subsidize Sale Of City Unuseable Lands for 10yrs 19) Moundbay Park Improvements 20) Shelters For Portable Toilets 21) Monies Put Into A Fund Each For C/O $ 200,000.00 75,000.00 30,000.00 35,000.00 40,000.00 45,000.00 90,000.00 20,000.00 300,000.00 75,000.00 30,000.00 30,000.00 50,000.00 200,000.00 100,000.00 200,000.00 30,000.00 15,000.00 50,000.00 30,000.00 50,000.00 NOTE: Cost figures are very rough estimates. printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 July 28,1999 TO: Pat Meisel, Mayor FROM: Greg Skinner, PW SUBJECT: Capitol Expenses Listed below are the costs, the year of purchase and description of equipment that will be needed for the next five years. For the year 2OO1. 1. Single axle dump truck w/plow, wing, and sander to replace existing 1981 truck. Cost $85,000. Street Department. 2. Sign Maker to replace existing 1970 maker. Cost 15,000. Street Department. 3. Crane to replace existing 1985 crane. Sewer.Department. 4. Pick-up truck w/plow to replace existing 1991 truck. Cost $38,000. Water Department. $. Overlay for 1.3 mi. of Toad. Cost $50,000 Street Department. For the year 2002. 1. Street Sweeper to replace existing 1980 model. Cost $70,000. 2. Woodchipper to replace existing 1974 model. Cost $25,000. 3. Liftstation panel upgrade. Co~t $20,000. sewer Department. 4. Grinding of excavated asphalt. Cost $15,000. Water and Sewer Department. 5. Overlay for 1.3 mi. of road. Cost $50,000. Street Department. I printed on recycledpaper For the year 2003. 1. Single axle dump truck w/plow, wing and sander to replace existing 1983. Cost $90,000. Street Department. 2. Tandem dump truck to replace existing 1985. This would be a used truck. Cost cannot be determined now. 8est estimate would be $50,000. Water and Sewer Department. 4. Overlay for 1.3 mi. of road. Cost $50,000. Street Department. For the year 2004. 1. Liftstation panel up-grade. Cost $25,000. Sewer Department. 2. Overlay for 1.3 mi. of road. Cost $50,000. Street Department. 3. Skid-steer to replace 1994 model. Cost $35,000. Street and Water Department. For the year 2005. 1. Single axle dump truck w/plow, wing and sander. Cost $95,000. Street Department. 2. Overlay for 1.3 mi. of road. Cost $50,000. Street Department. 3. Liftstation panel up-grade. Cost $30,000. Sewer Department. 4. 1-Ton dump truck w/plow and sander to replace 1995 model. Cost $ 45,000. Street and Water Department. This does not include some smaller items that would be added to the capitol outlay budget each year. In regards to your second request, what qualities would I like to see in a City Hanager. I would like to see someone with experience and that plans to stay here for an extended period of time. Someone with vision and long range goals. A manager that will work with the community. Not someone that will make wholesale changes for their personal gain and than leaves in a short period of time. Host importantly, a manager that is willing to work and trust staff. 7-30-99 INFASTRUCTURE IMPROVEMENTS From Jon Sutherland: Streets - Long term plan, (Island View Drive curb & gutter) See city engineer & go for a tour, offer people assistance when we do a street to put in a driveway, Citywide it would help Lake Minnetonka (and our catch basins) City Hall: take a close look in and out Retaining Walls - take a comprehensive look @ what we should do, you may save some money. Saint Louis Park is building brand new walls out of the same material we are throwing away. Our old walls are constructed with an excellent "natural" product but the design & installation was flawed. Retaining walls should go through an arch review committee. Issues such as safety (see attached zoning code line of site). Include the input of the person who lives adjacent to the wall, and the input of a landscape architect. Get some "art & design" into the reconstruction. Stormwater/Streets - tie stormwater into streets when possible, collect stormwater fees. Many misc areas - where we can do improvements - need to include City Engineer and go out to look at sites. Jon Sutherland has a quick list. Scattered site requistion. City wide matching trash cans like Minneapolis. When you move into the city you receive a can. Parks (see Planning Commission wish list) Trail acquisition and development connection beyond our borders. Sell existing City Hall building to High Tech Co. and build a new City Hall in conjunction with the Post Office. MOUND CITY CODE ¢ Z] SECTION 350:745, SUBD. 1. The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout development areas shall be encouraged to reduce peak flow, erosion damage, and construction cost. Section 350:750. Traffic Control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid: (a) congestion on the public streets, (b) traffic hazards, and (c) excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business areas shall in all cases be forward moving with no backing into streets. On corner lots, nothing shall be placed or allowed to grow with the exception of seasonal crops in such a manner as materially to impede vision between a height of two and one-half (2-1/2) and ten (10) feet above the centerline grades of the intersecting streets to a distance such that a clear line of vision is possible of the intersection street from a distance of thirty (30) feet from the intersection of the right-of-way lines· STREET No Obstruction in Clear Sight Triangle 84 3/15/93 CITY COUNCIL MINUTES - JUNE 9, 1998 1.15 CONTINUED PUBLIC HEARING: STORM WATER UTILITY ORDINANCE~ The City Manager explained the background of this item. The City Attorney reviewed the memo written by attorney Karen Cole, regarding the Council's question of what would happen if the City failed to prepare a Stormwater Management Plan. 1. Failure would give the (MCWD) Minnehaha Creek Watershed District the power to regulate the use and development of land in the City of Mound. 2. The Metropolitan Council could bring suit in district court to enforce the statute requiting preparation of the plan. The City Attorney's recommendation was not to subject the City of Mound to either of the above sanctions. The Mayor stated the following: "The Stormwater Management Plan is something that has been mandated by the Legislature through the Metropolitan Planning Act and the Met Council is charged with carrying out the Comprehensive Plan Review. The Stormwater Management Plan is a part of that Comprehensive Plan Review. We have known for a number of years that we would be faced with completing a Stormwater Management Plan by the end of 1998. The Council has taken a strong position with the Legislature to curtail, unfunded mandates that the City needs to generate more tax revenue to implement. The Mayor stated that the Stormwater Management Plan preparation will cost approximately $50,000." The Mayor stated that the Council takes very seriously, the equitable spreading of cost. The sole reason the Council and Staff came up with this Stormwater Utility Ordinance is to set up the utility where the City can spread the cost among the users that is a more fair and equitable way of spreading the costs of treatment of stormwater and runoff and upkeep of the system. The City is hoping that the public will realize that as stormwater management becomes more complex and more regulations are generated, and more is required to be done, that the fairest way of spreading this cost and insuring that single family homeowners do not get caught UP · paying a disproportionate share, is to have a user generated system in place. The Mayor opened the public heating. The following persons spoke: Mark Chatterton, 5429 Bartlett Blvd. Para Amidon, 1909 Lakeside Lane Vince Forystek, 3131 Inverness Lane Bob Schmidt, 4708 Island View Drive Becky Glister, 5008 Wren Road Peter Meyer, 5748 Sunset Road Bob Hanson, 5424 Bartlett Blvd. Dave Osmek, 2160 Basswood Lane Shale Nyberg, 2872 Highland Blvd. Scott Nagal, 4586 Denbigh Road The above people made the following comments: Just tell whoever is requiring a Stormwater Management Plan no that we will not prepare one. Would like to see a plan before setting up the Utility and charging fees. They want to see the stormwater cleaned up before it gets to the Lake. The Council discussed g2 from the comments. They explained that fees would be worked on after the plan is prepared. Setting up the utility does not generate any fees. The fees would be set by resolution after the plan is completed. Even though a public hearing is not required to be held on fees, there will be a public heating before fees are set to let the public know how much will be charged for all users of the system. The Council discussed the following: Having to use money from the Capital Improvement Fund for the preparation of a Stormwater Management Plan and then paying it back when the fees are set. Section 650:15 and requiring a public hearing before setting rates and adding this requirement to the proposed ordinance setting up the Stormwater Management Utility. Section 650:25 which talks about adjustments'that can be made to the basic charges including the classifications based on unique situations such as the differences in hardcover on residential lots. Polston moved to adopt the ordinance setting up the Stormwater Utility with the provision that the setting of rates would require a public hearing added to 650:15 and that Section 650:25 reflect the impetus of what was discussed on adjustments by establishing user fees based on the amount of hardcover and the amount of stormwater being generated. ORDINANCE//98-1998 AN ORDINANCE AMENDING CHAPTER VI OF THE CITY CODE, MUNICIPAL SERVICES AND PUBLIC UTILITIES, BY ADDING SECTION 650 RELATING TO STORM SEWER SYSTEM Councilmember Hanus seconded the motion for discussion. The City Attorney asked if the Council wants 650:25 to say that adjustments will be made reflecting extraordinary properties which have nonconforming and extraordinary hardcover ratios. Councilmember Hanus stated what he had in mind was listing them in the land uses as conforming and nonconforming. Councilmember Hanus felt that would be clearer for someone reading the ordinance. The City Attorney suggested that this can be done when the rates are set in Section 650:15. The Council agreed. The Council discussed setting rates when the Stormwater Management Plan is completed and approved by the Metropolitan Council as part of the Comprehensive Plan Update. They will then have more hard data to indicate what the rates should be. The Council asked that the following change be made to Section 650:15: Section 650:15. Establishing Basic Rate. In determining charges, the Council shall, from time to time, by resolution and after a public hearint,, establish a basic system rate to be charged against one acre or land having and REF of one. The charge to be made against each parcel of land shall then be determined by multiplying the REF (Residential Equivalency Factor) for the parcel's land use classification times the parcel's acreage time the system rate. There was comment from the audience that what they want is a plan before anything is acted upon, including setting up the stormwater utility. The Council asked the City Engineer when he thought the Plan would be done and approved. He stated it could be March or April of next year, depending on the review process. Councilmember Weycker stated she does not understand why this has to be adopted now if it is likely we will not be setting rates and charging for another year. The Mayor stated that this, at least, establishes the utility and the fact it will be based on user fees and not property taxes to pay for and implement the plan and the operation of the stormwater utility. The vote was 4 in favor with Weycker voting nay. Motion carried. ORDINANCE NO. 98-1998 AN ORDINANCE AMENDING CHAPTER VI OF THE CITY CODE, MUNICIPAL SERVICES AND PUBLIC UTILITIES, BY ADDING SECTION 650 RELATING TO STORM SEWER SYSTEM The City of Mound Does Ordain: Section 650 is hereby added to the City Code to read as follows: Section 650 - Storm Sewer System Section 650:00. Storm Sewer System: Statutory Authority. Minnesota Statutes, section 444.075, authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities ("charges"). By this Section, the City elects to exercise such authority. Section 650:05. Findings and Determinations. In providing for such charges, the findings and determinations set out in this Section are made. Subd. 1. In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City has constructed, operated and maintained a storm sower system (the "system"). This Section is adopted in the further exercise of such authority and for the same purposes. Subd. 2. The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this Section. Subd. 3. In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the City and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the expected storm water runoff from the various parcels of land within the City during a standard one-year rainfall event. Subd. 4. Assigning costs and making charges based upon expected typical storm water runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this Section undertake to establish a reasonable and practical methodology for making such charges. Section 650:10. Rates and Charges. Subd. 1. Residential Equivalent Factor. Rates and charges for the use and availability of the system shall be determined through the use of a "Residential Equivalent Factor" ("REF"). For the purposes of this Section, one REF is defined as the ratio of the average volume of surface water runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one-year rainfall event. Subd. 2. Determination of REF's for Land Uses. The REF's for the following land uses within the City and the billing classifications for such land uses are as follows: Land Uses REF Cemeteries .25 Parks and Railroads .75 Two-family Residential 1.00 Single-family Residential 1.00 Public and Private Schools and 1.25 Institutional Use Multiple-family Residential Uses and 3.00 Churches Commercial, Industrial and Warehouse 5.00 Uses Classification 1 2 3 4 5 Subd. 3. Other Land Uses. Other land uses not listed in the foregoing table shall be classified by the City Manager by assigning them to the classes nearly like the listed uses, from the standpoint of probable hydrologic response. Appeals from the City Manager's determination of the proper classifications may be made to the City Council in the same manner as other appeals from administrative determinations under Section 350:510. Section 650:15. Establishint, Basic Rate. In determining charges, the Council shall, from time to time, by resolution and after a public heating, establish a basic system rate to be charged against one acre of land having an REF of one. The charge to be made against each parcel of land shall then be determined by multiplying the REF for the parcel's land use classification times the parcel's acreage times the basic system rate. Section 650:20. Standardized Acreage. For the purpose of simplifying and equalizing charges against property used for single-family and two-family residential purposes, each of such properties shall be considered to have an acreage of one-fifth acre. 2 Section 650:25. Adjustments of Charges. The City Council may by resolution, from time to time, adopt policies providing for the adjustment of charges for parcels or groups of parcels, based upon hydrologic data supplied by affected property owners, demonstrating an actual hydrologic response substantially different from the REF being used for the parcel or parcels. Such adjustment shall be made only after receiving the recommendation of the City Manager and shall not be made effective retroactively. If the adjustment would have the effect of changing the REF for all or substantially all of the land uses in a particular classification, however, such adjustment shall be accomplished by amending the REF table in Section 650: 10, Subd. 2. Section 650:30. Excluded Lands. No charge for system availability or service shall be made against land which is either (i) public street right-of-way or (ii) vacant and unimproved with substantially all of its surface having vegetation as ground cover. Section 650:35. Supplyinf Information. The owner, occupant or person in charge of any premises shall supply the City with such information as the City may reasonably request related to the use, development and area of the premises. Willful failure to provide such information or to falsify it is a violation of this Section. Section 650:40. Estimated Char~es. If the owner, occupant or person in charge of any premises fails or refuses to provide the information requested, as provided in Section 650:35, the charge for such premises shall be estimated and billed in accordance with such estimate, based upon information then available to the City. Section 650:45. Drainage and Erosion Control. Subd. 1. Drainage Plan. In the development, improvement or alteration of land, the direction, quantity or qualify of drainage shall not be changed unless plans for the development are submitted to the City Engineer. Run-off shall be properly channeled into a storm drain, watercourse, ponding area or other public facility. Subd. 2. Erosion and Sediment Control Plan. Prior to the issuance of a building or grading permit for any development, improvement or alteration of land, a plan for erosion and sedimentation control shall be presented with the site plan. The erosion and sedimentation control plan shall specify the measures to be used before, during and after construction until the soil and slope are stabilized by permanent cover. These control measures shall be maintained in good working order until site stabilization occurs. Subd. 3. Plan Approval. In areas which are susceptible to erosion hazard or sedimentation damage, the City may require the erosion and sedimentation control plan to be approved by the appropriate water management organization prior to the issuance of a permit. Subd. 4. Approval. Plans and provisions required for compliance with this Section must be submitted to the City Engineer for approval. ATTEST: SS/BOB POLSTON Mayor City Clerk Adopted by the City Council 6-9-98 Publish in the Official Newspaper, The Laker, 6-20-98 4 The Cit7 ot: Mound is considerin9 the use of o new technique to pay for the costs of managing storm wQter runoff-Q Storm W~ter Utility. A public hearing is scheduled on May 26 to discuss the proposed storm water utility. Everyone is invited. Below-are some frequently asked questions about storm water utilities. What do you mean by storm water? Why does it need to be managed?- Very simply, storm water is another name for rain. Before people settled in Mound, rainwater that fell was absorbed into the ground or flowed naturally to Lake Minnetonka or other water sources. When people moved to Mound they built roads, driveways, stores, churches and parking lots. Consequently, the ground cannot absorb the water as easily, and more water runs off when it rains. The storm sewers, the grates in the curbs on the streets, collect the water that falls and directs it into the sewer system. What is o storm water utility? A storm water utility is a service similar to the water and sanitary sewer utilities. Like the sanitary sewer utility fee, the fee is based on the amount of water that is discharged into the system. For instance, a parking lot creates more runoff than a similar-sized grassy area so it pays a higher rate. Similarly, a large parcel creates more runoff than a small parcel, so it too pays a higher amount. In this way, the citizens of Mound will pay for the management of storm water in proportion to the amount of water they "contribute," not on the value of their property. Why is a utility needed? Federal and state regulations require Mound to take greater and costlier actions than ever before to protect water quality in our community. These actions include forming new water management organizations and developing regional and local plans to identify problems. These new costs, when combined with the money spent for ongoing storm drainage maintenance each year, represents a major expenditure. Today, most storm water costs are paid for using property taxes and sanitary sewer fees. Mound must find a way to meet these rising costs in a fair and equitable manner, without adding to the tax rolls. How much will it cost me? Fees will not be set at the May 26 meeting. The ordinance that will be considered on May 26 simply creates the utility and allows, by resolution, to estab- lish a fee schedule based on the needs of the city. The fees would likely be set later after the issue has been studied in greater detail. What would the money funds collected be used for? The money collected would be used for the operation and maintenance of the city storm water collection system. Some examples include · Maintaining existing storm facilities so they will operate properly for a longer period of time. · E~ha~cing wetlands to clean storm water. · Replacing existing storm facilities that no longer are usable. · Sweeping streets and picking-up leaves so they don't get into the system. A more specific example would be the Mound Visions program. As Mound Visions is put in place downtown, there are requirements that must be met relating to ponding to handle the downtown area's drainage system. Specifically, the City will need special ponds in the downtown area to collect and handle the drainage of the developed area. Ponds will also be needed to account for other drainage issues in the community. Costs associated with the redevelopment of downtown under Mound Visions would certainly be eligible for payment out of a storm water utility. Where can 3: get more information? The Mound City Council will hold a public hearing on the Storm Water Utility on Tuesday, May 26 at 7 p.m. at Mound City Hall. Everyone is invited to attend. You can also call City Hall at 472-0600 for more information. CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM April 10, 1998 TO: FROM: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER&'~ 5- SUBJECT: ESTABLISHMENT OF A STORM WATER UTILITY As you know, we have been discussing, for about one year, the idea of creating a storm water utility. The purpose of such a utility provides the City with a fair method of financing needed operations and maintenance to the overall drainage system of the City. The utility also provides funding for improvements such as the possible acquisition of property for regional storm water ponds and/or the maintenance of such ponding areas. As you know, federal and state laws, as well as watershed district regulations mandating stormwater management, are currently in place. For example, as the Mound Visions program is implemented in the downtown area, there are requirements that have to be met relating to ponding to handle the downtown area's drainage system. Specifically, the City will be required to have regional ponds in its downtown area to handle the drainage of the redeveloped area as well as to account for other drainage issues in the community. Costs associated with the redevelopment of the downtown under Mound Visions would certainly be eligible for payment out of a storm water utility. The City will be required to complete a stormwater management plan as a part of its Comprehensive Plan Update that is due into the Metropolitan Council by the end of 1998. A possible source of funding for the stormwater management plan would be the storm water utility fund. Other costs, such as street sweeping, which are now paid for out of the general fund, could be paid for out of the storm water utility fund. As you can see, there are many advantages to having such a utility available. Attached is a proposed ordinance creating a storm water utility. This ordinance is based upon the prmted on recycled paper Memorandum to Mayor and City Council April 10, 1998 Page 2 City of Richfield's ordinance which was passed in 1985. The ordinance does not spell out the fees to be charged within the utility. The ordinance simply creates the utility and allows, by resolution to establish a fee schedule based upon the needs of our City. The fees could be established later after we have had the opportunity to study the issues in more detail. Although this ordinance does not require a public hearing, you may want to consider having one so that when you actually establish a fee schedule, the public would have had some background on the utility. I have also attached some information that Richfield used to educate the public on the purpose of the utility. Although they used a public hearing process, they were also very careful to provide adequate education to their residents so that everyone became informed about the utility and why it was being created. I share this idea with you only to avoid public relations problems that could occur after the ordinance is established. We can talk more about this Tuesday evening. I believe we are proceeding in the right direction by establishing a storm water utility. It will provide another source for financing necessary improvements to our overall drainage system in the City of Mound. If you have any questions, please contact me. ot,3 3 ;ity of .~,~ ~ U.S. Postage  PAID ichfield P,~,, ~o. ~ M~nneaooli$, MN '00 Porlland A~ue South ~chtield, Minnesota 5S423-2598 .I STORM SEWER CHARGE CITIES 0 - 2,500 Spdn9 Park Watertown Woodland CITl1~'.$ 2,500 - ]0,000 Arden Hills Bayport Cimle Pines Dayton Deephaven Falcon Heights Independence Jordan Lauderdale Mahtomedi Mound Newport Oak Park Heights Orono Shorewood Spdng Lake Park St. Anthony St. Francis St. Paul Park Wayzata CITIES 10,000 - 20,000 Champlin Chanhassen Columbia Heights Hastings Mendota Heights Mounds View North St, Paul Oakdale Pdor Lake Robbinsdale Rosemount Savage Shakopee Stillwater West St. Paul CITIES OVER 20,000 N/F Apple Valley 3.95/MO N/A RES,EQUIV N/A Blaine N/A Bloomington 5.50/2 MOS Brooklyn Center 7.50/QTR Brooklyn Park RES. 3.98/UNIT; Bumsville 22.40/REU TWNHSE 5.16 Coon Rapids N/A UNIT;APT.32.48/ Cottage Grove NONE AC,IND.COMM Crystal 3.20 QTR. 50.75/AC. Eagan 5.25/REF/QTR Eden Praide 3/QTR SGL-FAM; N/A OTHER 7.38-38.07/ N/A ACRE N/A Edina 40 3.25/LOT/QTR Inver Grove Heights NONE N/A Maple Grove N/A Maplewood N/A Minneapolis 2.04 PER CF NO N/A STRMWTR N/A Minnetonka VARI ES N/A New Brighton N/A /PROJECT New Hope 15/YR Plymouth N/A Richfield 8.55/LOT 4.88/QTR. Shoreview NONE South St. Paul N/F St. Louis Park N/A N/A St. Paul White Bear Lake N/A CITY HAS DETAIL Woodbury 8.50/QTR SGL FAM N/A CITY HAS DEAIL NONE N/A 3.50/QTR. N/A 1.35/LOT 0 3.75 1/MO 5.15/QTR 4/BI-MO RES N/A N/A 59 CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 July 16, 1999 Mr. Kevin Bielger 2820 Halstead Lane Mound, MN. 55364 Dear Mr. Bielger: The City of Mound is considering a storm sewer improvement project to eliminate an on-going drainage problem in the area of your property. An information and discussion meeting with City Staff is scheduled for Wednesday, July 28, 1999, at 7:30 P.M. at Mound City Hall. You are encouraged to attend this meeting and discuss this potential project. Sincerely, Fran Clark Acting City Manager CC: John Cameron, City Engineer, McCombs Frank Roos Associates, Inc. Gregg Skinner, Public Works Supt. Pat Meisel, Mayor printed on recycled paper McCombs Frank Roos Associates, Inc. Worksheet By: Date: Checked By: Client: Project: Project No.: File: e:~aain:~forms\worksheet (12/96) Engineering · Planning ° Surveying May 26, 1999 Ms. Pat Meisel, Mayor City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Halstead Lane/West Edge Boulevard Storm Sewer MFRA/ti 1379 Dear Pat: This letter is a follow-up to our meeting with resident Kevin Beigler and then City Manager, Ed Shukle, regarding flooding problems on Mr. Beigler's property at 2820 Halstead Lane. Myself and another engineer from our office made another trip to the site and conducted an inspection of the complete system from the storm sewer outlet in the wetlands west of Halstead Lane to the beginning of this drainage area at Beachwood Road and West Edge Boulevard. We also obtained copies of the original surveys from the property jackets that were used when building permits were issued for the Beigler property and also the three lots on the north side of Pine Road between Halstead Lane and West Edge Boulevard. A few more facts have come to light that may help to explain why there is a problem with this storm sewer system. I was also very concerned about the sinkholes on Mr. Beigler's property after watching the videotape of the 1995 rain event. The closed storm system from the inlet on the Beigler property to the outlet in the wetlands west of Halstead Lane does not appear to be of sufficient size to accommodate the run-off under present conditions. At the time, this system was installed when Woodcrest was developed in the early 1970's, West Edge Boulevard did not have curb and gutter or catch basins. As part of the 1980 Street Improvement project, concrete curb and gutter and storm sewer was installed in West Edge Boulevard. The culvert under West Edge Boulevard at the lot line between Lots 11 and 12, Block 2, Westwood was replaced with catch basins and a storm sewer line which discharges into the same swale where the old culvert outlet was located. At that time, the only house of the four in question to exist was the home on Lot 12, 2879 West Edge Boulevard, PID 23-117-24 32 0030. The other three homes were built between 1982 and 1984. The improvement of West Edge Boulevard, with the 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 612/476-6010 · fax 612/476-8532 e-ma/L' mfra@mfra.com Ms. Pat Meisel, Mayor May 26, 1999 Page 2 addition of curb and gutter and storm sewer, directed all the street run-off to this system. Previously, much of the rainfall was absorbed or ran to other areas before it could reach the swale between Lots 11 and 12. The elevations at which the storm sewer inlet on the Beigler property and the Beigler home itself were built at, also add to the problem. The storm sewer inlet was installed approximately two feet higher than the design grade as shown on the development plan for Woodcrest of Mound. In addition, the survey used for the building permit on the Beigler home did not show the existing storm sewer and has different proposed elevations for the house then what was actually built. Storm sewer systems such as this one, with inlets in rear yards, should have emergency overflows below any openings into structures. The intended overflow for this system has a number of obstructions, such as bushes and a large clump of trees at the curb line. The threshold of the patio door on the Beigler home is well above the storm sewer inlet, but it is only a couple of inches higher then the top of the curb at the intended overflow. The overflow elevation at the street should be 6 to 12 inches below any door opening in adjacent homes. The area of the outlet for this system is also in need of major repairs and maintenance. Twenty-five years of silt deposited at the flared end section has resulted in large delta, which restricts the flow into the wetland. This area needs to be cleaned out and riprap added at the apron. The only complete solution that we see for this flooding problem is to replace the existing storm sewer system with larger pipe and at the same time extend the storm sewer to the catch basins in West Edge Boulevard. This will put the flows from West Edge Boulevard in a closed system and eliminate the erosion problems now experienced between West Edge Boulevard and the inlet on the Beigler property. An additional catch basin should be added to the west curb line on West Edge Boulevard, which will help to eliminate the problem of water overflowing the curb in larger rainstorms. A section of street at the catch basins in Halstead Lane will need to be removed to allow the curb lines to be lowered six to eight inches, which will provide the necessary emergency overflow. At a minimum, the large clumps of trees behind the east curb line must be removed and the overflow swale regraded. Replacement of the storm sewer from Halstead Lane west to the outlet is a problem because of the number of large trees growing in the easement, some of which may be over the existing pipe. At least two, possibly three, will need to be removed. Some regrading of this area will also be necessary to eliminate an erosion problem next to the foundation at the back portion of the home on the north side (Lot 8, Block 6, 2811 Halstead Lane). At the present time, if the catch basins in Halstead Lane cannot accommodate a larger rainstorm and the street overflows, it runs next to the house instead of in a swale within the drainage easement. Ms. Pat Meisel, Mayor May 26, 1999 Page 3 Except for one small area, the existing permanent utility and drainage easements are sufficient for the new lines; however, temporary construction easements may be required to allow working space for the contractor during the construction. The problem of the sinkholes could be handled when the storm sewer pipe is replaced. They need to be filled to eliminate future erosion. The issue of how to pay for the reconstruction of this storm sewer system also needs to be addressed. The drainage area of this system covers approximately 9.2 acres, which includes all or a portion of 27 lots and some School District property. It would be very difficult to assess a project such as this on a basis of drainage area and be able to justify the assessment. As an alternative, we would suggest a meeting with the six property owners adjacent to the proposed construction and directly affected by the situation. Methods of financing and cost sharing could then be discussed at this meeting. Enclosed is a cost estimate to replace and extend the present storm sewer as previously suggested. It also includes the excavation required to clean out the sediment deposit and create an open swale at the outlet end of the system. If you have any questions or need additional information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron, City Engineer JC:pry Enclosure cc: Fran Clark, Acting City Manager, City of Mound eSrnain:\11379\meise15-25 Ma,/ 26. 1999': 10'22AM' '"'MCCOMBS FRANK ROOS'::"" ..... :-' No. 7919--P. 5/5' COST ESTIMATE HALSTEAD LANE/WEST EDGE BOULEVARD STORM SEWER !TEM UNIT UNIT COST Tree and Brush Removal Lump Sum $ 2,000.00/LS Bituminous Removal 300 SY $ 3.50/8Y 15" RCP 70 LF $ 30.00fLF 18" RCP 160 LF $ 35.00/LF 21" RCP 75 LF $ 50.00/LF 24" RCP 130 LF $ 60.00/LF 24" Apron with Trash Guard I EA $ 1,000.00/EA Maztholes 2 EA $ 1,500.00/EA Catch Basin Manhole 1 EA $ 1,500.00/'EA Catch Basin 1 EA $ 1,200.00/'EA Reconstruct Existing Catch Basin 2 EA $ 500.00/EA Riprap 10 CY $ 75.00/CY Remove and Replace Curb and Gutter 150 LF $ 25.00fLF Class 5 Gravel 100 TN $ 12.00frN Bimm/nou$ Ba$e (2") 35 TN $ 45.00/TN Bitummou~ Wear (1-1/2") 25 TN $ 50.00/TN Sod 600 SY $ 4.00/SY Seed and Mulch Lump Sum $ 500.00/LS Remove Sedimem at Outlet 40 CY $ ' 25.00/CY Contingencies (10%) Total Estimated Consmlction Cost Engineering, Legal, Fiscal & Administrative Cost (35%) Total Estimated Cost TOTAL 2,000.00 1,050.00 2,100.00 5,600.00 3,750.00 7,800.00 1,000.00 3,000.00 1,500.00 1,200.00 1,000.00 750.00 3,750.00 1,200.00 1,575.00 1,250.00 2,400.00 500.00 1,000.00 $ 4,275.0ff $ 46,700.00 $ 16,300_.00 $ 63,000.00 June 23, 1999 IIECEI¥ 'D JUN 2 4 lggg Honorable Pat Meisel Mayor City of Mound 5341 Maywood Road Mound, MN 55364 Dear Pat, We last spoke the week of May 24 at which time you informed me that you were waiting for the city engineer's report regarding the repeated flooding and pending of water that has been occurring on my property at 2820 Halstead Lane. At this time I expressed my concern that the flooding was once again occurring as we entered the rainy season. At this point you told me that due to the delay in this report you had set a deadline with your engineer for the following week which would have been the week of Memorial Day Or May 31~t. It is now 3 weeks later and I have yet to receive any contact fi.om the City of Mound. I am writing this today to inform you that once again flooding had occurred on my property and has extended to more than just ponding of water in the yard. Today this flooding has included inundating the deck area and has included internal flooding of my home with water standing in the basement. I cannot express my complete disappointment in the cities' persistent unwillingness to correct a problem that is the direct result of the easement through my property that is used for drainage. The damage to my property and home continues to expand and become cumulative. Pat, I have expressed my interest in working with the city to correct these problems however, there is a limit and my home is being repeatedly damaged and devalued and I feel that between the photographs, video tape, letters, and my own private mgineers report I think that the city of Mound has had adequate notice of the problem (4 years) and more than sufficient documentation of the problem with more than enough time to correct this on their own. I am requesting at this point an immediate follow-up to this correspondence and considering the most recent damage re-emphasizing my desire to have the property restored to it's original condition to reflect it's actual and appreciated value. I am more than willing to meet with city officials to review and itemize these damages and would like them documented for future reference. Thank you, 2820 Halstead Lane Mound, MN 55364 Cc: Leah Weycker, Mound City Council June ~3, 1999 Honorable Pat Meisel Mayor City of Mound 5341 Maywood Road Mound, MN 55364 ,ECEii/Eg dUN 4 1999 Dear Pat, We last spoke the week of May 24 at which time you informed me that you were waiting for the city engineer's report regarding the repeated flooding and ponding of water that has been occurring on my property at 2820 I-lalstead Lane. At this time I expressed my concern that the flooding was once again occurring as we entered the rainy season. At this point you told me that due to the delay in this report you had set a deadline with your engineer for the following week which would have been the week of Memorial Day Or May 31'. It is now 3 weeks later and I have yet to receive any contact l~om the City of Mound. I am writing this today to inform you that once again flooding had occurred on my property and has extended to more than just ponding of water in the yard. Today this flooding has included inundating the deck area and has included internal flooding of my home with water standing in the basement. I cannot express my complete disappoinlment in the cities' persistent unwillingness to correct a problem that is the direct result of the easement through my property that is used for drainage. The damage to my property and home continues to expand and become cumulative. Pat, I have expressed my interest in working with the city to correct these problems however, there is a limit and my home is being repeatedly damaged and devalued and I feel that between the photographs, video tape, letters, and my own private engineers report I think that the city of Mound has had adequate notice of the problem (4 years) and more than sufficient documentation of the problem with more than enough time to correct this on their own. I am requesting at this point an immediate follow-up to this correspondence and considering the most recent damage re-emphasizing my desire to have the property restored to it's original condition to reflect it's actual and appreciated value. I am more than willing to meet with city officials to review and itemize these damages and would like them documented for future reference. Thank you, 2820 Halstead Lane Mound, MN 55364 Cc: Leah Weycker, Mound City Council CITY OF MOUND Memorandum 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 To: MAYOR & CITY COUNCIL From: FRAN CLARK, ACTING CITY MANAGER Date: August 2, 1999 Subject: Proposed Agreement with LMCC As you all know, as of February 1, 1999, Triax, is no longer in charge of our local access studio. I have been communicating with the LMCC (Lake Minnetonka Communications Commission) about taking over our Public, Educational and Governmental (PEG) programming. Attached is the proposed agreement as prepared by our cable attorney, Brian Grogan, after a meeting with LMCC. Please remember we are not loosing any money. We have never received the PEG fees until this year, 1999. It appears that will be approximately $6,500 per quarter or $26,000 per year that we would be paying LMCC for their service. I do not feel we, as a City, can provide the access services for this amount of money per year. If we join the LMCC, they will be in charge of the access studio which they already have in Spring Park. They would be in charge of providing the necessary personnel to videotape each City Council meeting for cablecast on Channel 20. They would also assist other public, religious organizations, public libraries and educational institutions, and other groups and organizations of the City in the facilitation of PEG access programming efforts under the same terms, conditions, and standards adopted for LMCC residents. printed on recycled paper Jun-30-gg 12:ZSpm From-MOSS & BARNETT +4900 T-IZg P.az/11 F-S?6 B~^~ T G~.~ C6~2? E-Mad. ~roganl:l~raoa~-t~a.,ncrc eom MOSS & BARNETT A P.e-OIt'ZSSION.,~.I. 4600 N0~w~sr Cgu's't~ lune 30, 1999 Ms. Francene Clark-Leisinger City Clerk 5341 Maywood Road Mound, MN 55364-1687 Draft Agreement be~een the City of Mound, Minnesota and Lake Minnetonka Communications Commission ,,~ith respect to PEG Access Programming Dear Fran: Pursuant to our telephone conversations and face-to-face meeting, enclosed herewith please find a draft agreement for your review and consideration. This agreement concerns the provision of PEG access programming services by the Lake Minnetonka Communications Commission ("LMCC") m return for payment by the City of Mound of $.84 per subscriber per month as remitted by Triax. A£[er you have had a chance to review the enclosed agreement, please conu:ct me to discuss any proposed revisions or amendments you believe necessary. Thereafter, we can for~,ard the document on to Sally Koenecke at the LMCC for their review and consideration. Ifyo, should have any immediate questions or iii can provide any additional information or assistance, please feel free to contact me. Very truly youxs, Brian T. Groga~ BTG/tlh Enclosures 2673a4/z Jun-30-gg 1Z=Z6pm From-MOSS & BARNETT +4gO0 T-1zg P.03/11 F-676 DRAFT - June 30, 1999 LOC.~L PROGRAMMING FACILITIES AGREEMENT This Local Pro~ramming Facilities Ageement ("Agreement") is entered into this ~ day of , ! 999, between the City of Mound, Minnesota ("City") and the Lake Minnetonka Communications Commission ("LMCC"). RECITAl,S: WHEREAS, both LMCC and City have, through separate documents, granted to Triax Midwest Associates, L.P. ("Triax") fifteen (15) year non-exclusive cable television francl:uses; and WHEREAS, each franchise requires Tna.x to remit to both LMCC and the City a five percent (5%) franchise fee on Triax's Gross Revenues; and WHEREAS, each franchise further requires Triax to remit a separate public, educational, and governmental ("PEG") access fee to LMCC and the Cffy in suppor~ of PEG pro~amming; and WHEI~EAS, each franchise requires Triax to only provide the PEG access fcc and dedicated channel capacity in suppor~ of PEG access programming, and Tnax has no further PEG access responsibilities; and WHEREAS, the City collects a $$4 PEG access fee, while LMCC collects a $.50 PEG access fee, per subscriber, per billing period, ~hich is paid by Triax on a quarterly basis; and WHEKEAS, LMCC operates a $,000 square foot equipped PEG access studio fhcility ("Studio"), which it pays for with its Pt~G access fee and with portions of its five percent (5%) franchise fee; and WHEREAS, the City has a~ailable PEG access eqmpment, outlined in Exhibit ,~ ("City Equipment"), which it desires to locate at the Studio for PEG access use; and WHEREAS, the City desires the use of the S~udio as well as the professional assistance which LMCC PEG access staff can provide; and WHEREAS, LMCC desires the C~ry's PEG access fee to help offset the costs associated ~ith the operation of the Studio. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and Yalaable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 2648~57tl Jun-30-gg 12:25pm From-MOSS & BARNETT +4go0 T-1zg P.04/11 F-676 .qF.e.'r ION 1 $COPF OF SERVICES A. LMCC Obligations. This Agreement obligates LMCC to perform the following functions: 1. Manage, operate, and maintain the Studio and audio/video production eqaipmem and facilities located at , available for use by the City and its residents, Maintain and repmr, at LMCC's expense, the City Equipment; 3. Provide outreach and promote activities and opportunities relaung to PEG access programming to City residents under the same terms, conditions, and standards adopted for LMCC residents; 4. Provide the necessary personnel to v,deotape each City council meeting of Cny throughout the term of this Agreement for cablccast on Channel 20; 5. Arrange for playback and live cablecasting of¥id¢o, audio, and text programming to the City and ~ts residents under the same terms, conditions, and standards adopted for LMCC residents; 6. Assist the public, religious organizations, public libraries, educational institutions, and other groups and organizations of the City in the facilitation of PEG access programming efforts under the same terms, conditions, and standards adopted for LMCC rest. dents; 7. Provide all PEG access programming for the City and its residents on cable Channel 20; and 8. Respond to questions and requests of City residents that pertain to PEG access programming and related facilities and equipment. B. City Obhganons. This Agreement obligates the City to perform or provide the following functions: 1. Provide LMCC with the appropriate PEG access fee, in accordance with Section II herein, as well as the City Equipment, m accordance with Section IH herein; 2. Cooperate with LMCC in the effective implementation and administration or' the requirements and responsibilities outlined within this Agreement; and 3. Maintain sole responsibility for responding to questions and requests from City residents regarding which do not pertain to PEG access programming, related facilmes and equipment regarding regulatory or franchise enforcement proceedings. 264567/I 2 Jun-30-gg 12:ZTpm From-MOSS & BARNETT +4go0 T-IZg P.05/11 F-$78 SECTION II PROVISION OF PEG ACCESS FE]E A. pEG Access Fee to Be paid to [.MCC. The current franchisee in the City, Triax, collects a PEG access fee in the mount of $.84 per subscriber per billing period. Triax provides the PEG access fee to the City on a quarterly basis, which the City has agreed to use to pay for PEG access programming. The City hereby agrees to fia-nish LMCC with the PEG ~ccess fee it receives from Tnax within thirty (30) days of receipt from Triax, and LMCC hereby agrees to use said fees exclusiYely for support of PEG access obligations required hereunder. City's first payment to LMCC shall be calculated beginning on the effective date of this Agreement through the end of the calendar quarter. B. Right to RenegodaTe PFG Access Fee. If, at any time, LMCC chooses to return a portion of its franchise fee paid by Triax to LMCC to any LMCC municipality, or reduce the $.50 per subscriber PEO access fee collected by LMCC, the City has, in its sole discretion, the option to renegotiate the amount of the PEG access fee to be supplied to LMCC. If an agreement cannot be reached, this Agreement shall terminate upon thirty (30) days advance written notice. SECTION III GR ANT OF CITY FQUIPMFNT A. General Grant. Upon the effecnve date of this Agreement, the City shall provide LMCC with use of the City Equipment. LMCC shall not, by use of the City Equipment, have any further rights therein. In the event this Ageement is terminated or expires, LMCC shall return to the City the Cily Equipment in its entirety and in the same condition as when first supplied to LMCC, absent norm',d ~ear and tear. B. Use of'City Equipment. The City Equipmem shall be used by LMCC exclusively for the development, construction, operation, maintenance, and other Iimctions relating to the PEG access operations set forth m this Agreement. LMCC shall exercise reasonable care in maintaining and repairing the City Equipment. Upon fa,lure to do so, the City may hire a contractor to perform the maintenance and repair and seek reimbursement from LMCC for the expenses resulting therefrom. ,amy use of the City Equipment by LMCC that is not specified in this Agreement shall require the prior written consent of the City. C. Condition &City leq~tipment. LMCC acknowledges that it has examined the Cily Equipment and that said City Equipment is no~v in good and satisfactory condition for LMCC's purposes. LMCC agrees m remm the Ci~' Equipment to the City at the termination or expiration of this Agreement in the same condition as when initially examined and used, absent normal wear and tear. The City rrpresents to LMCC that it is not aware of any substamial defects m the City Equipment that would not have been observable to LMCC. Jun-3a-gg IZ:2?pm From-klO$$ & BARNETT +4gOO T-12g P.aS/11 F-$?$ D. Inventory of City I~quipmenI. LMCC shall, at all times, maintain an inventory of the C~ty Equipment, which shall be available for the City's review upon the City providing ten (1 O) days notice to LMCC. E. Insurance. LMCC shall, in accordance with applicable laws, maintain all reasonable and necessary insurance for the City Equipmen! ~6 long as the Cit~ l:quipmen! remains on the property of or in the possession of LMCC. Such insurance shall be comparable to tho corned for PEG access equipment owned by LMCC, and it shall list the City as an additional insured on any and all policies covenng the City £quipment, SECTION IV Ol ]TR E ^ cH/pROMOTION .aND p ROG R A MMING A. Outreach and ?romotioo. The City desires to provide PEG access programming that will meet t. he needs of ~Is residents. LMCC recognizes that community awareness and understanding ~s essential to accomplish this goal. As such, LMCC agrees that it shall provide outreach and promotion to City residems under the same terms, conditions, and standards adopted for LMCC residents. B. programming. LMCC shall maintain a liaison with educational institutions, public libraries, and religious organizations. LMCC shall assist these groups in their programming efforts. This includes the coordination of program sources through tape exchange and technical consultation services, as available and practicable. SFCTION v RFCORDS .aND REpOgTS A. Maintenance of Records and R~poHs. LMCC shall make available to the City, upon request, any requested financial information regarding the PI~G access Studio and facilities. LMCC 'shall 'also maintain records and prepare an annual report stating the name of each City resident who has used the local programming facilities and City Equipment, the name and description of each program produced, and the duration of each program produced (measured in minutes and seconds) CRepon"). B. Inspection of Record8. The Ctty shall have the right to inspect LMCC's records during regularly scheduled business hours or at such other times as mutually agreed to between LMCC and the City: ^nm, al R~orr. LMCC shall submit the annual Report to the City on or before __ of each year. Jun-30-gg lZ:ZSpm From-MOSS & BARNETT +4go0 T-1zg P.O?/11 F-$?$ -~ECTION vi .INDEMNIFICATION LMCC and the C~ty shall each indemrufy and forever hold harmless the other, their respective affiliates, officers, directors, employees, agents, and partners from and against any and all liabilities, claims, losses or damages, costs and expenses (including reasonable attorneys' fees) arising out of any brea~h of any obligation, representation or warranty hereunder made by any party to this Agreement which gives rise to any claim by any person or entity; provided, that in any case in which indemnification is sou~t, the pony seeking indemnification ("Indemnified Party") shall 1) promptly notify the party from whom such indemnification ~s sought ("Indemni~ing Par~y"); 2) afford the Indemnifying Pony the opportunity of defending such claim; and 3) the indemnified Pony shall fully cooperate in connection with such defense, lmgation, settlement, or disposiuon and shall ha~'e the right, but not the obligation, to join in and be represented by its own counsel at its own cost and expense. LMCC shall indemnify and forever hold harmless the City, its respective officers, directors, employees, agents, and panners from and against any and all habihties, claims, losses or damages, costs and expenses arising out ofprogamming errors or omissions over which LMCC has responsibility, including copyright infrmgemem, misappropriatmn of literary property, or ofprogam format, defamation, iuvasion of privacy, due to or arising out of programming cablecasted on a PEG access channel. This indemnity shall be subject to the procedural requiremems including notice and opportunity to defend as set forth above. .~FCTlON Vll T~RM OF ^GREI~MENT This Agreement shall be effective as of the date hereof and shall expire on December 31, 2000. However, this Agreement shall automatically be renewed for additional one (1) year terms unless the objecting party supplies the other with ninety (90) days written notice of termination. Such notice of termination may be submitted at any time, by either party, following December 31, 2000. SECTION Vlll MISCELL,a-N~OUS PROVISIONS A. Supe~edes Prior Agreements. LMCC and the City agree that this Agreement shall supersede any and all fights and obligations of LMCC and the City under any prLor agreements. B. Binding on Succe.~.~ors. This Agreement shall be binding upon and shall inure to the benefit of LMCC and the City al'Id their respective successors and assigns. 264867/L ~ Jun-30-gg lZ:ZSpm From-I~SS & BARNETT +4900 T-Tzg P.08/11 F-676 C. Force M~0eure. fi, by reason of Force Majeure, LMCC or the City are unable m whole or in part to carry out their obligations hereunder, neither party shall be cteemed in violation or default during the continuance of such inability. 1. If any law, ordinance or regulation shall require or pecmit an), party to this Agreement To perform any service or shall prohibit any party from performing any service which may be in conflict with the terms of this Agreement, as soon as possible following knowledge thereof, said party shall give notice to the other puny of the point of conflict believed to exist between such law, ordinance or regulanon. 2. If any secuon, sentence, paragraph, term or provision of this Agreement is determined to be illegal, invalid, or unconsritudon'al by any court of competent jurisdiction or by any state or federal regulatory agency having jurisdzction thereof, such determxaation shall have no effect on the validity of any other section, sentence, p~-~graph, tm-m or provision hereof. 3. In the event such decision, law, rule or regulation is subsequently reversed, repealed, rescinded, amended, or otherwise changed, so that the section, sentence, paragraph, renn or provision hereof which had been invalid or modified is no longer in conflict with the decisions, law, roles and regulations, said section, sentence, paragraph, term or provtsion shall thereupon return to fall force and effect and shall thereafter be binding on all parties, provided that the party relying on the section, sentence, paragraph, form or provision shall give the other party or parties thirty (30) days ~,finen nonce of such change before requiring comphance with said prm, ision. 4. In the event state or federal law changes so as to substantially affect thc authority of' local governments over cable television franchising, this Agreement shall be reopened for negofianon. E. Captions. The captions throu~out this Ageement are intended solely to facilitate reading and merely reference the sections and provisions of tins Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. F. lnterpretatior~. This Agreement has been arrived at by negotiation and shall not be construed against any party. G. Gnveming [4w. This Agreement shall be interpreted m accordance with Minnesota law. H. Notices. Unless otherwise provided for herein, all notices, reports or demands required to be ~ven m writing under this Agreement shall be deemed to be given when delivered personally to the persons designated below, or when three (3) business days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or cenitied mail postage prepaid thereon, or on the next addressed busxness day if sent by express ma.il or overnighg air courier addressed to the party to which nouce is being given, as follows: Jun-3o-gg 1z:Zgpm From-MOSS & BARNETT +4go0 T-12g P.og/11 F-$?$ if to LMCC: Lake Minnetonka Communications Commission 540 Second Street P.O. Box 473 Excelsior, M'N 55331-0473 At/n: Ms. Sally Koenecke with copy to: Bermck and Lffson, P.A. 5500 Wayzata Boulevard Golden Valley, MN $$416 Attn: Thomas Creighton, gsq. if to the City: City of Mound 5341 Maywood Road Mound, MN 55364-1687 Ann: Ms. Francene Clark-Leisinger with copy to: Moss & Barneu A Professional Association 90 South 7th Street 4800 Norwest Center Minneapolis, M'N 55402-4129 Arm: Brian T. Grogan, Esq. Such addresses and phone numbers may be changed by either party upon notice to the other party given as provided in this Section. I. ]::ntire Agreement. This Agreement constitutes the entire agreement ancl understanding between LMCC and the City. No oral modifications or add,nons hereto unless specifically ret~renced herein shall be binding. No verbal or written statements of either LMCC or the City shall be considered a modification of this Agreement except by written documents signed by both parties expressly stating that n is modifying this Agreement. J. No Joint Venture. NoS'ting in this Agreement shall create a joint venture or principal- agent relationship between LMCC and the City. Neither LMCC nor the City is authorized to act towards third patties or the public in any manner Much would indicate such a relationship with the od~er. K. No Waiver. The failure of either LMCC or the City to strictly enforce any provision of this Agreement shall not be construed as a waiver or as excusing the other party fi'om future performance. Jun-30-gg 1z:2gpm From-MOSS & BARNETT +4go0 T-1Zg P.10/11 L. ^s.~ig:nm;l~ts. This Agreement shall not be assigned or performance of'the du~.es hereunder delegated witho,~t the express prior written consent of the parties to do so. A.ny consent of assignment shall not be unreasonably withheld. Thas Agreement is hereby accepted and we agree to be bound by ail of its leans and conditions. LAKE MINNETONKA COMMUNICATIONS COMMISSION By: Dated: ,1999 CITY OF MOUND, MINNESOTA By: Its: Dated: , I999 STATE OF MINNESOTA ) ) COUNTY OF HENNEP1N ) $$. The foregoing instrument was acknowledged before me this day of ,1999, by . offlae Lake Mirmetonka Communications Commissmn, on behalf of the Commission. Notary Public STATE OF MINNESOTA ) ) COLTNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me tb~s day of ,1999, by , flae of the City of Mound, Minnesota, on behalf of the City. Notary Public 2~$67/1 8 Jun-30-gg 1Z=3Opm From-MOSS & BARNETT +4go0 T-1zg P.11/11 F-676 CITY EQUIPMENT EEEEEEEEEEEEEEEEEEE c ~ 0,~ ~.Ei'=oC,J o'E eu~ 0 · c,)r~.- m m w w m w ~~~~~~~oooooooo oo LAKE MINNETONKA COMMUNICATIONS COMMISSION Considerations regarding the sharing of studio/access costs. Equipment at Cost $120,000 Five Year Depreciation Annual Operating Budget $24,000 $114,746 Total Initial Investment $100,000 Annual Return on Investment $5,000 Total Annual Cost of Studio Facilities $143,746 Cost per Hour (Based on 2,080 Hours) $69 If we agree to share the studio facility with Mound for their entire PEG Fee collections which are estimated to be $27,690 per year, we could allocate 400 hours per year (just under 8 hours per week) for their use. Chanhassen's playback requirements require staffing, equiping and maintenance of the facility. Assuming 10% of the annual cost for this activity results in $14,400 to be paid from theeir PEG Fees. This amount represents roughly 30 cents per month per Chanhassen subscriber. These figures are based on preliminary estimates of costs without the benefit of actual experience operating the new LMCC Studio Facility. LAKE MINNETONKA COMMUNICATIONS COMMISSION 1999 Budget Wages $85,600 Secretarial Service $855 Payroll Taxes/PERA $10,640 Travel Expense $2,400 Health Insurance $4,000 Insurance/Bonds $5,900 Legal Fees $9,000 Accounting/Audits $2,100 Conference/Schools $7,400 Rep.Maint. Serv. Supplies $4,000 Dues/Subscriptions $1500 Telephone/Voice Mail $2,330 Postage/P.O. Box $2,000 Miscellaneous $1,000 Advertising/Promo. News Let. $6,675 Office Equipment $0 Office Rent $11,500 Gas Utilities 0 Taxes 0 Electricity 0 Water/Sewer 0 Equip. Maint./Repair $20,700 Security 0 Sales Tax $1,000 1999 Revised Expenditures Percentage $480 $790 $24,500 $3,000 $4,888 $2,400 $432 $642 Additions 1999 Allocated Access Adminis~ation Revised To Access Assumption Assumption $85,600 45% $38,520 $47,080 $855 35% $299 $556 $10,640 45% $4,788 $5,852 $2,400 25% $600 $1,800 $4,000 45% $1,800 $2,200 $5,900 50% $2,950 $2,950 $9,000 35% $3,150 $5,850 $2,100 50% $1,050 $1,050 $7,400 20% $1,480 - $5,920 $4,480 50% $2,240 $2,240 $1,500 40% $600 $900 $3,120 50% $1,560 $1,560 $2,000 50% $1,000 $1,000 $1,000 50% $500 $500 $6,675 75% $5,006 $1,669 $o 0% $o $o $36,000 75% $27,000 $%000 $3,000 75% $2,250 $750 $4,888 75% $3,666 $1,222 $2,400 75% $1,800 $600 $432 50% $216 $216 $20,700 100% $20,700 $0 $642 50% $321 $321 ($1,ooo) $o $o $o Total Operating Expenses $178,600 $36,13~2 $214,732 57__~_% $121,496 $93,235 LAKE MINNETONKA COMMUNICATIONS COMMISSION Capital Outlay (One Time Expenses) 1999 1999 Budget Additions Revised Remodeling Moving/Leasehold Improvements (Telephone, Security, Etc.) Studio Equipment Special Funds * $37,600 $76,000 $76,000 $6,000 $6,000 $19,500 $19,500 ($37,600) $O Total Capital Outlay $3'1,600 $63,90~0 $!01,500 Total 1999 Expenditures $216,200 $290,732 * Note Special Funds expenditures have been deleted or transfered into 1999 operating costs and capital outlay items. LAKE MINNETONKA COMMUNICATIONS COMMISSION 1999 Revised Revenues Franchise Fees PEG Fees Interest Triax Franchise Fee Settlement Triax Moving Settlement Landlord Contribution 1999 Franchise Fees (Paid Quarterly in 1999) 1999 Budget $160,000 $52,200 $4,000 1999 Additions Revved $9,565 $169,565 $52,2OO $4,000 $15,000 $15,000 $15,000 $15,000 $10,000 $10,000 $180,000 $180,000 Total 1999 Revenues $216,200 $229,565 $445,765 LAKE MINNETONKA COMMUNICATIONS COMMISSION 1999 Revised Budget Summary And Resulting Cash Balance Total 1999 Revenues Operating Expense Capital Outlay Total 1999 Expenditures Beginning Cash Balance Increase (Decrease) to Cash 1999 Ending Cash Balance 1999 Budget $216,200 $178,600 $37,600 $216,200 $104,031 $o $104,031 Additions $229,565 $36,132 $63,900 $100,032 1999 RevVed $445,765 $214,732 $101,500 $316,232 $104,031 $129,533 $233,564 CITY MANAGER City of Mound, Minnesota, (9,650), a Lake Minnetonka community, twenty-five miles west of Minneapolis in suburban Hennepin County seeks a highly motivated and creative individual. Appointed by the Mayor and 4 City Councilmembers. The City Manager is the chief executive officer serving at the pleasure of the City Council. The City has operated under a City Manager form of government since 1950, having only had 6 managers. The City has 36 full-time employees and 3 bargaining units. $7M budget ($3M General Fund). Bachelor's degree in public administration or related field plus 7-10 years of city management experience. Experience in economic development and redevelopment is a high priority. Requires a leader with integrity, a proficient manager, a team player able to lead a strong experienced staff, and someone with innovative problem solving skills. Salary negotiable DOQ/E and proven ability. Applicants should respond with a cover letter, a resume, three municipal government references, proof of experience, educational background, and current salary to: Acting city Manager, 5341 Maywood Road, Mound, MN. 55364. 'oN l.m~ocI CIIVcI ogmsocI 'S'f~ uo~ .~rz~u~'~O ~o.tcI-uoN ~o.tlocl o.tlqucI pu~ uo~t~s..n~upV offqucI ~o~ ~uoo um~o~I ~!s~o~.tuft u~tfl MOUND POLICE DEPARTMENT Memo To: Mayor Pat Meisel From: Len Harrell Date: 07/2O/99 Re: Qualities of New City Manager The qualities that I would like to see in our new manager include: Integrity; high ethical standards Ability to make independent decisions Proactive, innovative, hands on Knowledge, candor, honesty Win-Win conflict resolution philosophy Ability to deal with the "big picture" Community odented government Compassion for co-workers and dtizens Accountability focus, but trusting in the abilities of her/his subordinates Secure in allowing department heads to run their departments. · Page 1 7-30-99 QUALITIES OF A CITY MANAGER From Jon Sutherland: · Honesty · Hard Working · Educated · Capable · Progressive · Innovative · Fun From Kris Linquist: Employee Oriented Hold City staff meetings to keep employees informed From Jodi Rahn: · Approachable · Honest · Caring From Collette Roberts: Approachable/Sincere/Positive, Fun Attitude- Willing to listen to employees ideas, suggestions, & concerns & act on them. Willing to keep employees informed, ie: Hold regular full staff meetings or dept meetings or write informational memos Work towards performance based pay/merit raises after the first 3 years. To: Pat Meisel From: Gino Businaro Date: July 23, 1999 Re: Qualities in City Manager I do not intend to list the general qualities that a city manager must have to qualify for such a position per se, but the ones that are relevant from a finance department perspective. 1. Vast knowledge and proven experience in city governmental budget matters. 2. General knowledge and experience of governmental cash management, finances and accounting. 3. Skills in the human resources area to take charge of all personnel matters from hiring to supervision to compensation to discipline to discharge, if necessary. 4. Excellent interpersonal skills to work well with department heads in a professional way. 5. Proven record of a management style for decision making, cooperation, prioritization and delegation. 6. A person that has excellent problem solving and interpersonal skills, and is able to lead toward group consensus. 7. Some general knowledge of information systems and technology. 8. And some general knowledge of insurance issues. OF CERTIFICATE OF %URVEY FOR MICHELLE BERGLUND LOTS 29 AND ,30, BLOCK 9, WHIPPLE HEblNEPIN COUNTY, MINNESOTA ,' i'e' ~' I, I f S88025"00"E 109.00 I ~ ' o m PgRCEL A  ..._ r,~, I 8265~ SQ. FT. '~"*'~.~/-- ~" I "2 ~*~ o ~" ~ m · ~0 I 0 Z 13995t SQ. FT. ,, I : ¢""~"~'*, NBg"50' O0'W ] 09.00 " SW ~ tOY,' . SE COil LOT HANOVER ROAD I~XISTING LEGAL DESCRIPTION : Lots 29 or~d. 30., BIs. c.k .9, WHIPp.LE. PROPOSED LEGAL DESCRIPTIONS : PARCEL A: Those ports of Lots 29 ond 30. Block 9. WHIPPLE, lying northerly of o line drown from o point on the West line of sold Lot 29 distant 77.00 feet north of the Southwest corner of sold lot to o point on the Eosl line of sold Lot ,30 distont 5,3.00 feet norlh of the Southeast corner of sold Lot 50. PARCEL B: Those ports of Lois 29 and 30, Block 9, WHIPPLE, lying southerly of o line drawn Irom o point on the West line of sold Lot :29 diatont 77.00 feet north of the Southwest corner of said lot to a point on the £ost line of sold Lot 30 distont 3..3.00 feet north of the S0utheost corner of sold Lot .30. o : de~otes ii:'on marl<er (g64.3): denotes existing spot elevation, mean sea level datum Bearings shown ore based upon an assumed datum. This survey intends' to show the boundaries of the above described property, and the proposed location o! o proposed dividing line thereon. I't' does not purport to show any other improvements or encroachments. MOUND CITY COUNCIL MINUTES- SEPTEMBER 22, 1998 1.13 RECOMMENDATION FROM PARK AND OPEN SPACE COMMISSION RE: REQUEST T0 PURCHASE TAX FORFEITED LANDS, MICHELLE BERGLUND, 5138 HANOVER RD. The City Manager explained that earlier this summer Ms. Berglund contacted the City about purchasing 2 lots that adjoin her property. The lots are tax forfeited land. A portion of those lots are in a wetlands which are not available for sale. The City Engineer has looked at the property and there is a portion of Lots 29 and 30 that could be sold and are not in the wetlands. It amounts to approximately 5,000 square feet. The applicant is concerned about the 2 lots being built upon. The City Staff assured her that cannot happen, but she is still interested in purchasing the non-wetlands portion of the lots. It has been the policy to send these types of requests for tax forfeit property to the Park Commission for their review and consideration. This was done and the Park Commission recommendation was that the property continue to be held by the City of Mound and that discussions occur with the Minnesota Land Trust to convey a conservation easement. This would then give Ms. Berglund what she is requesting, that nothing be built on the property. Ms. Berglund still wants to purchase the portions of the lots that are not in the wetlands for her own reasons. Ms. Berglund stated that the Land Trust is only interested in large parcels (10 acres or more) and this would not qualify. The Council discussed the options. Councilmember Hanus stated he would prefer to have the City be in control of any small parcels of land that are tax forfeit rather than outside City control such as land trusts. The City Clerk explained that if the Council chose to release the portions of these lots that are not in the wetlands, Ms. Berglund would have to combine the parcel with her property which would make it one tax parcel and then if she wanted to subdivide, it would come back to the City for approval or denial. The City Clerk further explained that the City is just the caretaker for this property. The City does not sell the land. The City would have to reconvey the portion of the lots that is not in the wetlands back to the State of Minnesota and Hennepin County and request that it be sold only to an adjoining property owner. The City receives a portion of the sale price. The Council discussed the costs of determining what portion would be reconveyed and any other related costs. They decided it should be Ms. Berglund. Ms. Berglund stated she would pay all related costs. The Council discussed putting a conservation easement on the property so that it could not be developed in the future. The City Attorney stated the City could put a covenant on the property to preclude any development of the property. Ms. Berglund stated that would be acceptable to her. The City Attorney will prepare the covenant. Polston moved and Hanus seconded the following resolution: RESOLUTION//98-109 RESOLUTION TO RECONVEY A PORTION OF LOTS 29 AND 30, BLOCK 9, WHIPPLE, THAT IS NOT IN THE WETLANDS 469 MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998 Ms. Berglund to pay all related costs for this. The vote was unanimously in favor. Motion carried. 470 Mound Planning Commission Minutes May '10, lgg9 MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, MAY 10, 1999 Those present: Chair Geoff Michael, Commissioners: Orv Burma, Jerry Clapsaddle, Cklair Hasse, Michael Mueller, Bill Voss, Frank Weiland, Becky Glister, and Council Liaison Bob Brown. Staff present: City Planner Loren Gordon, Building Official Jon Sutherland, and Secretary Deb Hawkinson. Public Present: Acting City Manager/City Clerk Fran Clark, Daren Jensen (2625 Wilshire Blvd), Kirk & Kelly Geadelmann (1709 Baywood Lane), Mike & Chris Stoltenow (2925 Holt Ln), Michele Berglund (5138 Hanover Rd), Eisa Watson (4610 Tuxedo Blvd), Ted Metz (1601 Bluebird Ln), Clyde Bonnema (5513 Bartlett Blvd). Chair Geoff Michael called the meeting to order at 7:40 p.m. MINUTES - APPROVAL OF THE APRIL 26, 1999 MINUTES OF THE PLANNING COMMISSION MEETING. MOTION by Weiland, seconded by Hasse to accept the minutes as presented. Motion carried: 9-0. BOARD OF APPEALS: PUBLIC HEARING: CASE # 99-11: MINOR SUBDIVISION; TO RELEASE A PORTION TAX FORFEIT PROPERTY TO BE SOLD TO ADJACENT PROPERTY OWNER, XXXX HANOVER ROAD; BLOCK 9, LOTS 29 AND 30, WHIPPLE, CITY OF MOUND, 37970 PID # 25-117-24 12 0064 Gordon introduced the property as one that is located on the north side of Hanover Road at the east end. it is characterized as a steep hillside with heavy vegetation and is undeveloped. The slope averages almost 50% and there are a number of large trees on this property. The lot area is approximately 14,260 square feet and there is 109 feet of frontage on unimproved Hanover Road. The parcel is owned by the County/City having been a tax forfeiture property. The adjacent property owner, Michele Berglund, inquired about some type way to preserve this property as it was. After review by the Park Commission, the issue was turned back over to the City to work with the Minnesota Land Trust to secure a conservation easement. However, the parcel is not large enough. The City Council 67 Mound Planning Commission Minutes ,. May 10, 1999 reviewed and made a motion to recombine the portion that is not wetlands to Ms. Berglund. As a result, the properly has been surveyed and Split into two proposed parcels. Parcel A contains the land laying below 932.1 feet would be retained by the City as wetlands. Parcel B is everything above 932.1 feet and is approximately 5995 square feet. As the adjacent property owner, Ms. Berglund intends to purchase the property. She has paid for the survey to date. Since this property does not meet lot area and lot depth requirements of 6000 square feet and 80 feet respectively, it is nonconforming and the current practice is not to approve nonconforming subdivisions. However, since this property is proposed to be combined with the parcel adjacent to it, the situation could be considered differently. The proposed Parcel B is also considered a bluff under the Shoreland Management Ordinance which would preclude any building and provide protection to the vegetation or grade. A conservation easement could be written which would not allow any removal of vegetation Staff recommends the Planning Commission recommend Council approval of the minor subdivision request with the following i;onditions: 1. Combination of lots 27, 28, and Parcel B into one tax'parcel. 2. A conservation easement be placed on Parcel B to protect grading and vegetation and restrict construction or buildings of any type. 3. The existing shed be moved off of Parcel B. Fran Clark, Acting City Manager, stated that because it is a tax forfeiture, it should be handled differently than a nonconforming parcel. It should be released to the County for sale to the adjacent landowner, Ms. Berglund. Weiland indicated that Parcel A would be land locked if this subdivision went through. Clark indicated that it was already land locked today since it was part of the wetlands and Hanover Road was undeveloped at this location. Gordon stated that since it would be protected as a bluff, there could be, no buildings on it anyway. Voss asked how much land would result when combining lots 27, 28, and Parcel B. Approximately 16,000 above the 932.1 foot level. He asked if making it one tax parcel would prevent someone from coming in and subdividing it into two parcels. Gordon stated that was why the conservation easement was recommended so that there could be no buildings on it. 68 Mound Planning Commission Minutes May 10, 1999 Mueller asked if making it a conservation easement would preclude it from being a buildable area. Yes, stated Gordon. Mueller then asked if part of lot 27 could be combined with Parcel B to make it a buildable lot. Gordon stated that lots 27 and 28 could be combined to make a buildable area, except for the part under water. Possibly part of these two lots could be a bluff also. Mueller asked if the bluff area was considered in the total square footage. Gordon said it was. Mueller stated that there was 14,000 square feet which could easily be split and he did not want to see that happen. Clark stated that there wasn't a road there today. Sutherland stated that once it becomes a conservation easement, although it might have the square footage requirements, he doesn't feel it can be build on. Mueller stated that if it was reconfigured, it could be a buildable area. Sutherland agreed and understood where Mueller was coming from. He stated that the problem was that it didn't come through the normal planning process for staff and Planning Commission review and they possibly could have put a conservation easement on lot 28. Mueller stated that the City could still keep this land and there Wouldn't be that issue. Voss asked what was wrong with subdividing and having two new homes if the lots and homes meet the zoning requirements. Brown asked a similar question. Gordon stated that the lot was difficult to subdivide into two buildable lots. Mueller stated that it was too crowded already and maybe a conservation easement would work. Sutherland stated that he was unable to locate the survey of the home for lots 27 and 28, so he couldn't say for sure.what was buildable or not. Voss stated that someday a subdivision would be asked for and they would be questioned as to why it was a conservation easement. Gordon stated that it was difficult to play out different scenarios and the current proposal is for purposes of protecting Parcel B. 69 Mound Planning Commission Minutes May 10, lggg Mueiler asked why the City was trying to sell the property. Gordon indicated that Ms. Berglund had approached the City with the request as a way to protect the bluff. Clark responded that it was one way to get tax forfeiture property back on the tax rolls. Clapsaddle asked if the property sat alone would it be subject to being built upon. Gordon stated not as it. Clapsaddle said the "salvation of this property is not incumbent on this subdivision." Clark indicated that she explained the same thing to the applicant. However, the applicant wanted to "make sure nothing happened to it." Additionally, since one of the goals is to get tax forfeiture property back on to the tax rolls. Finally, she stated that the applicant had paid all the costs thus far for survey and application. Ms. Berglund stated that she chose to purchase the property knowing that in her control, it could be preserved. She wanted to maintain the view and scenery for her family. She is aware of the "Al and Alma's" issue and did not want to see that happen again. She thought she had the "go-ahead" from previous dealings with City and thought it was a done deal. Michael asked if it was unbuildable now. Gordon stated yes. Michael indicated that it was less expensive to keep as City property. Fran stated that she brought this case before the Planning Commission as a "courtesy." The action to sell it was approved by City Council last year. She wouldn't even have had to bring it before them tonight. Brown stated that was a different Council and a different Planning Commission. Mueller stated that State laws mandated that any publicly held land be reviewed by the Planning Commission to validate that it was consistent with the Comprehensive Plan for the City prior to selling it to a private party. Since the City C~uncil approved it last year, he felt they acted in error legally by not bringing it before the Planning Commission. Clark disagreed with him and reiterated City laws (1980's) which strive to get tax forfeiture land back on tax rolls. MOTION by Mueller, seconded by Clapsaddle, to table the issue until an attorney could clarify the issue legally. Discussion Clapsaddle believes that by selling the property, the City is creating more problems than they would by keeping it. 70 Mound Planning Commission Minutes May 10, 1999 A call for the question was made. Ayes: 8-1 (Voss voting Nay). Motion carried. Mueller suggested that perhaps they could recommend to keep the land and not to sell it, but they could reimburse the applicant her expenses. Sutherland stated that the normal procedure is to bring in survey of existing configuration and proposed configuration. This application is missing half the information. Clark did go and find the survey for Sutherland. Mueller stated they still needed legal advice on this issue. Clark indicated that the City Attorney was at the City Council meeting last year when this was approved. She indicated that he recommended this action. Michael indicated that it would go on the docket as soon as possible. Clark indicated that she could and would send this in right now. There was some further "heated" discussion between the Acting City Manager and the Planning Commission members. Chair Michael called the meeting back to order. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum To: MAYOR & CITY COUNCIL From: FRAN CLARK, ACTING CITY MANAGER Date: August 3, 1999 Subject: Personal Vehicle Use and Mileage Reimbursement This has not been changed since before I started to work for the City in 1981. It is currently at $.22 per mile. I would recommend changing this to reflect the current IRS rules of $.31 per mile and change in the future when the IRS changes. This is only used when someone is on City business and an administrative staff car is not available. printed on recycled paper Vehicle Cents-Per-Mile: IRS Revenue Procedure 98-63 (published Internal Revenue Bulletin, 1998-52, December 28, 1998). Internal Revenue Procedure 98-63 lowered the standard business mileage rate fi.om 32.5 cents per mile in 1998 to 31 cents per mile in 1999, but IRS Announcement 99-7 (Internal Revenue Bulletin 1999-2, January 11, 1999) delayed the effective date of the new rate until April 1, 1999. All other provisions included in Revenue Procedure 98-63 are effective January 1, 1999. BD