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2000-11-08PLEASE TURN OFF AT CELL PHONES & PAGERS 1N COUNCIL CHAMBERS' AGENDA MOUND CITY COUNCIL WEDNF. DAY, NOVEMBER 8, 2000, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE PAGE 2. APPROVE AGENDA, WITH ANY AMENDMENTS e CANVASSING OF THE VOrES ~0 BE HANDED OUT WEDNESDAY EVENING). *CONSENT AGENDA *A. APPROVE MINUTES: OCTOBER ~24 REGULAR MEETING . . 4504-4519 *B. . APPROVE PAYMENT OF BILIS ................... 4520-4533 *C. APPROVE PLANS AND SET BID OPENING FOR MOUND COAST TO COAST DEMOLITION: 11:00 AM, NOV 22 ..... 4534-4540 *D. MORTON LANE: HASBRO CO. BIOREMEDIATION PROCESS 1. APPROVE EASEMENT AGREEMENT 2. APPROVE AGREEMENT TO TRANSFER LAND 3. _ ,APPROVF,.~MENT TO STREET VACATION ("l(F_30 L Lrl~(~'~') W O: a. L:o~'r INCORRECT LEGAL DESCRn:WION b. ACKNOWLEDGE THAT ALL PRECONDITIONS ,, ~, TO RECORDING THE RESOLUTION HAVE TAKEN PLACE ...................... 4541-4557 e COMMENTS & SUGGESTIONS FROM CITIZENS PRF.3~ ON ANY ITEM NOT ON THE AGENDA. (LIM1T TO 3 MINUTES PER SPEAKER.) ACTION ON AN ORDINANCE EX'E~G CERTAIN SIGNS FROM THE REQUIREMENTS OF SECTION 365 OF THE MOUND CODE. . 4558-4560 STAFF REPORT ON ACTIV1TI~ W1TH MINNEHAHA WATERSHED DISTRICT AND STORM WATER MANAGEMENT PLAN ........ 4561-4563 4503 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 8. INFORMATION/MISCELLANEOUS A. LMCD report .................................. 4564-4575 B. LMCC report ................................... 4576-4578 C. Westonka Senior Center report ......................... 4579-4580 D. AMM FAX News ................................ 4581-4583 E. Westonka Public School communications ................... 4584-4590 F. Planning Commission minutes: Oct 23 .................... 4591-4602 G. Article: How to Become a Better Governing Board Member ....... 4603-4604 H. Article: Your Minutes Should Not be a Blow-by-Blow Account ..... 46054606 I. Analysis of the cost for one-day leaf drop-off ................... 4607 J. TRAC Correspondence ............................. 46084611 This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www. cityofmound, com. 4504 MINUTES - CITY COUNCIL - OCTOBER 24, 2000 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 24, 2000, at 7:30 p.m., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Mark Hanus; Council Members: Andrea Ahrens, Bob Brown, and Leah Weycker. Absent and excused: Mayor Pat Meisel. Also in attendance were City Attorney John Dean, City Manager Kandis Hanson, City Planner Loren Gordon, City Building Official Jon Sutherland, and Recording Secretary Diana Mestad. The following interested citizens were also present: Jerry Marek, Steve Coddon, Jennifer and Derek Zaugg, Peter C. Meyer, Carol Weber, Stef Mitchell, Steve and Sue Cathers, Staey Cathers, Amy Cicelise, Ed Mauer, Jim Brand, Frank and Betty Weiland, Lois VanDyke, Chris Wan'ell, June McCarthy, Dolly O'Brien, Lina Tucker Reinden, Patti Harry, Paul Glynn, Orr Burma, Rob Rebbyn, Elaine Winter, Michael Mueller, Lee Sampson, Nate Eggert, Trenton Rehberger, Josh Denning, Steve Olson, Tom Eecles, Tom Casey, Ed Carlson, Don and Carthy Scheven Jr. Lorrie Ham, Kevin Hinrichs, Rick & Deb Perry, Ken and Shirley Romness. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING - PLEDGE OF ALLEGIANCE Acting Mayor Hanus opened the meeting at 7:30 p.m. and welcomed the people in attendance. The pledge of allegiance was recited. APPROVE AGENDA AND CONSENT AGENDA Council Member Ahrens added Item 9A Discussion of Leaf Disposal. Acting Mayor Hanus removed Item G1 from the Consent Agenda. MOTION by Brown, seconded by Ahrens, to approve the agenda and consent agenda as amended above. The roll call vote was nnanlmously in favor. Motion carried. 40. CONSENT AGENDA *1.0 APPROVE MINIJTES: OCTOBER 10 REGULAR MEETING AND OCTOBER 16 SPECIAL MEETING. MOTION - Brown, Atu'ens, unanimously. *1.1 APPROVE PAYME~ OF BILLS. MOTION- Brown, Ahrens, unanimously. MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 '1.2 APPROVE MEETING SCHEDULE THROUGH 2000. 1. WED, NOV 8 2. TUES, NOV 14 3. TUES, NOV 28 4. THURS, NOV 30 5. MON, DEC 4 6. MON, DEC 11 7. TUES, DEC 12 8. TUES, DEC 26 HRA & CITY COUNCIL HRA & CITY COUNCIL CANCELED HRA & CITY COUNCIL OPEN HOUSE ON STORM SEWER RATES I-IRA, CITY COUNCIL & TRUTH IN TAXATION HEARING TRUTH IN TAXATION HEARING CONTINUATION 0~ ~Dm~) HRA & CITY COUNCIL HRA & CITY COUNCIL CANCELED MOTION- Brown, Ahrens, unanimously. · 1.3 APPROVE STAFF RECOMMENDATION FOR BID AWARD FOR SNOW REMOVAL CONTRACT. MOTION- Brown, Ahrens, unanimously. *1.4 APPROVE RESOL~ON ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT - CALENDAR YEAR RESOLUTION//00-94 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT - CALENDAR YEAR 2001 Brown, Ahrens, unanimously. '1.5 APPROVE SIGN PERMIT APPLICATION: WESTONKA SOCCER ASSOCIATION - 2001 SPRING TRAVELING SOCCER REGIS2'RATIONS. MOTION- Brown, Ahrens, unanimously. PLANNING COMMISSION RECOMMENDATIONS '1.6 CASE//00-53: VARIANCE. 5456 BARTLETT BLVD.. PATRICIA HARTY, 5456 BARTLETT BLVD.. LOT 5. BLOCK 1. CHANNELTOWN. PID//24-117- 24-22-0010. RESOLUTION g00-95 RF. SOLU~ON TO APPROVE A VARIANCE RECOGNIZING A LAKESIDE SETBACK FOR A MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 DECK ON THE PROPERTY LOCATED AT 5456 BARTLETT BLVD., P & Z CASE//00-53 Brown, Ahrens, unanimously. '1.7 CASE//00-55: VARIANCE. 4600 CUMBERLAND ROAD. PAUL GLYNN. 4600 CUMBERLAND ROAD, LOTS 1, 2. 28.29. 30. BOCK 8. WYCHWOOD. PID //19-117-23-32-0184. RESOLUTION # 00-96 RESOL~ON TO APPROVE FRONT YARD SETBACK VARIANCES FOR AN ADDITION TO THE HOME ON THE PROPERTY LOCAT~I~ AT 4600 CUMBERLAND ROAD, P & Z CASE//00-55 Brown, Ahrens, unanimously. *1.8 CASE//00-56: MINOR SUBDIVISION. 6349 WALNUT ROAD - KEVIN HINRICHS. 6349 WALNUT ROAD. LOTS 3 & 4. BLOCK 10. MOUNT TERRACE. PID//14-117-24-35-0065. RESOLUTION # 00-97 RESOLUTION TO APPROVE A MINOR SUBDIVISION TO CREATE TWO LOTS FROM ~ PROPERTY LOCATED AT 6349 WALNUT ROAD, LOTS 3 AND 4, BLOCK 10, MOUND TERRACE, P & Z CASE # 00-56 Brown, Ahrens, unanimously. '1.9 CASE g00-57 & 00-61: MINOR SUBDIVISION & VARIANCE. 2857 HIGHLAND BLVD. - LEANN HANSEN. LOTS 74 & 75, AUDITOR'S SUBDIVISION NO. 168, PID//23-117-24-42-0098. RESOLUTION # 00-98 Brown, Ahrens, unanimously. RF3OLUTION TO APPROVE A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTY LOCATED AT 2857 HIGHLAND BLVD., LOTS 74 AND 75, AUDITOR'S SUBDIVISION NO. 168, P & Z CASE//00-57 AND 00-61 1.10 CASE//00-52: MINOR SUBDIVISION. 512 LYNWOOD BLVD.. STEVEN CODDON. 5240 LYNWOOD BLVD.. LOTS 6. 7. 8. BLOCK 1. MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 REARRANGEMENT OF BLOCK 10, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK. Acting Mayor Hanus asked why the creation of a flag lot configuration was being approved in this manner. The City Planner stated that this was a minor subdivision in which an additional lot was being created from an existing parcel. Acting Mayor Hanus asked what the minimum amount of lake frontage allowed was. City Planner stated the lot is plated at 40 feet of lake frontage and the Code states a minimum of 40 feet at 929 is required. The Acting Mayor Hanus asked whether from a planning perspective it would be better to move the house to the north and redivide the parcel. He further pointed out that the driveway as proposed serves five homes and wondered if this needed to be a public street. The City Planner stated that the Planning Commission followed the current code in recommending approval of this. Acting Mayor Hanus stated that the purpose for a yard is to provide drainage and for it to be useable. He stated that this does not seem like good planning and that it also requires a driveway easement. Acting Mayor Hanus stated he was not comfortable with this. Steve Coddon, the applicant, stated that this plan does meet the necessary criteria. He stated that as planned, the house would not block the view of existing homes. He stated that he is planning a major subdivision if he decides to subdivide more of the land in the future. Mr. Coddon stated that he has drawn up association documents to cover the driveway and that he owns all the property involved with this. Council Member Brown pointed out that when discussing this the Planning Commission found that it does meet the criteria called for by the code. Council Member Hanus stated that the problem is that it does not meet the spirit of the zone. Mr. Coddon stated that the zone requires 6,000 square feet and the proposed lot is 10,000 square feet. Council Member Hanus stated that the feel of the property is small. Mr. Coddon stated that as proposed, this will not interfere with the existing homes and is conforming. Council Member Brown stated that after discussion, the Planning Commission felt this met all conditions. Brown moved and Weycker seconded the following resolution: RESOLUTION # 00-99 RF~OLUTION TO APPROVE A MINOR SUBDIVISION TO CREATE ONE ADDITIONAL LOT FROM THE PROPERTY LOCATEB AT 5212 LYN'WOOD BLVD., LOTS 6, 7, 8, BLOCK 1, MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 REARRANGEM1Off OF BLOCK 10, ABRAI~AM LINCOLN ADDITION TO LAKESIDE PARK~ P & 7', CASE//00-52 The vote was 3 in favor with Hanus voting nay. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ABOUT SURIECTS NOT ON THE AGENDA. (PLEASE LIMIT TO 3 MINUTES PER SUBJECT.) Michael Mueller requested Council move Agenda Item 8 to earlier on the Agenda because his attendance was required at another meeting. Acting Mayor Hanus asked whether this was allowed. The City Attorney stated that the ordinance would allow this. Acting Mayor Hanus moved Agenda Item 8 to 4A. Peter Meyer, 5748 Sunset, commented that the City's mission statement referred to teamwork and cooperation. He then suggested that the City purchase the Mueller property for additional parking for the downtown business district. Acting Mayor Hanus stated that was one option that was currently being discussed. 1.11 DISCUSSION ON CITIZEN REQUF~T TO RENAME PEMBROKE PARK TO DON SCHERVEN MEMORIAL PARK. Michael Mueller stated that he feels that renaming Pembroke Park to Don Scherven Memorial Park is a good idea and he has been asked to present this by other citizens. Council Member Brown stated that he concurs with Mueller on this as he felt that Don Scherven had worked with kids all his life and he wanted to honor him. Council Member Ahrens stated that she was 100 percent behind this idea and thought it was a fitting tribute. Council Member Weycker asked whether criteria had ever been set for this. Acting Mayor Hanus stated that he did not remember any criteria. Council Member Weycker stated that there have been concerns about requests from others when the person is not deceased and at that time Staff was directed to develop criteria. Acting Mayor Hanus stated that it could be stressed to Staff to work on this criteria and th_at Council could make a motion for Staff to do the preparation work and prepare a ceremony for the renaming. Council Member Ahrens stated that there should be a paper trial on the renaming of Clover Trail Park that Staff could look at. MOTION by Brown, seconded by Ahrens, to direct Staff to bring a Resolution back to Council renaming Pembroke Park to Don Scherven Memorial Park and MOUND CITY COUNCIL MINUTES- OCTOBER 24, 2000 to investigate all legal matters and arrange for a dedication ceremony. was nnanlmously in favor. Motion carried. 40. The vote 1.12 PUBLIC HEARING ON UNPAID WATER AND SEWER BILLS. Acting Mayor Hanus opened the Public Hearing at 8:02 p.m. There was no response. Acting Mayor Hanus closed the Public Hearing at 8:03 p.m. Ahrens moved and Weycker s Weycker the following resolution: RESOLUTION//00-100 RESOLUTION ADOPTING DELINQUF. aNT WATER AND SEWER ASSESSMENT ROLL IN THE AMOUNT OF $79,726.78, TO BE CERTIFIED TO THE COUNTY AUDITOR AT % INTERF3T, LEVY //14936. The vote was unanimously in favor. Motion carried. 4-0. 1.13 Acting Acting Brown PUBLIC HEARING ON CBD PARKING MAINTENANCE ASSESSMENT Mayor Hanus opened the Public Heating at 8:04 p.m. There was no response. Mayor Hanus closed the Public Hearing at 8:05 p.m. moved and Weycker seconded the following resolution: RESOLUTION//00-101 RESOLUTION ADOPTING 2000 CBD PARKING MAINTENANCE ASSESSlVrg~NT ROLL IN THE AMOUNT OF $1,148.01, TO BE CERTIIq~:I~ TO THE COUNTY AUDITOR AT 8% INTERF_3T, LEVY//14937. The vote unanimously in favor. Motion carried. 4-0. 1.14 PUBLIC HEARING ON UNPAID TREE REMOVAL CHARGES. Acting Mayor I-Ianus opened the Public Hearing at 8:05 p.m. There was no response. Acting Mayor I-Ianus closed the Public Heating at 8:06 p.m. Weycker moved and Brown seconded the following resolution: MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 RESOL 0N 0-102 RESOLUTION ADOPI G UNPAII TRF REMOVAL CHARGES ASSESSMENT ROLL IN THE AMOUNT OF ,$394.05, TO BE CE, RTIFIE1) TO THE COUNTY AUDITOR AT 8% INTEREST, LEVY//14938. The vote unanimously in favor. Motion carried. 4-0. 1.15 PUBLIC HEARING ON UNPAID DRIVEWAY APRON REPLACEMENT CHARGES. Acting Mayor Hanus opened the public hearing at 8:06 p.m. There was no response. Acting Mayor Hanus closed the public hearing at 8:07 p.m. Brown moved and Weycker seconded the following resolution: RESOLUTION $00-103 RESOLUTION ADOPTING UNPAII~ DRIVEWAY APRON REPLACEME~ CHARGES ASSESSMENT ROLL IN THE AMOUNT OF $288.00, TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST, LEVY #14939. The vote was unanimously in favor. Motion carried. 4-0. 1.16 CAROL WEBER, REPRESFJqTING TOBACCO-FREE FUTURE FOR YOUTH. PRESENTATION AND REQUESTING ACTION ON RESOLIYrION OF SUPPORT. Carol Weber thanked the City Council for the opportunity to speak on this matter. She stated that this was the group's first formal presentation to the City Council. Ms. Weber stated that she was asking the City Council to create a tobacco free space for youth in public parks and playgrounds. She stated that the group had drawn up a resolution to support this and that they had COmpromised with the City by making compliance with the resolution voluntary. The following people spoke in favor of adopting the resolution: Dr. Ken Romness Dr. Chuck Carlson Derek Zaugg, 3032 Highview Lane Tony Locken, 3023 H/ghview Stef Mitchell Dottie O'Brien, 5053 Bartlett, Officer Sam Nelson the local DARE officer. MOUND cITY COUNCIL MINUTES - OCTOBER 24, 2000 The City Attorney asked the group to elaborate on the various statements in the proposed resolution as far as the sources used and whether or not these were conclusions. Ms. Weber stated they were conclusions. Council Member Brown asked why cigarettes were so accessible to minors with the I.D. checking processes that are in place. Officer Nelson stated that the kids get them from their older friends or steal them. Acting Mayor Hanus stated that the primary issue was that citizens are owed an explanation as to why a right is being taking away. He further stated that the "whereas" in the resolution sounded like points of fact and wanted the sources used for these before the City could recognize these statements as true. Council Member Brown stated that he agrees with the fact issue, but also agrees with the resolution. He stated that he was in favor of putting more teeth in this to allow for enforcement. Ms. Weber stated that this resolution was for voluntary compliance only. Acting Mayor Hanus asked if other communities were doing this. Ms. Weber stated that Bloomington has a clean outdoor act and that this resolution is basically copied from the one in Bloomington. Acting Mayor Hanus stated that he still wanted the data to defend the points of fact in the resolution. Acting Mayor Hanus stated that is was necessary to think about the people on the other side of the issue. He further stated that this was probably only step one in the process. Ms. Weber stated that there were no plans to proceed any further this and that her group would not be back in six months. Ms. Weber stated that only 18.5 percent of the adult population in Minnesota smoke. She stated that this is not a limitation of rights, but a chance to show the youth that the City cares about them. She stated that smokers are not a protected class. Ms. Weber suggested that the Council could pass the resolution tonight with a 30-day effective date making it possible for her group to gather the requested documentation and distribute it to Council. Acting Mayor Hanus stated that Council could wait two weeks to receive the information and then decide about passing the resolution. Ms. Weber stated that there were youth present at the tonight's meeting who would benefit from seeing the resolution pass. Council Member Ahrens asked Ms. Weber if there was any intention to take this further in the future. Ms. Weber stated there was not. Council Member Ahrens stated that she feels youth are pressured by their peers and not by adults. Acting Mayor Hanus stated that he was confused about whether the group's objective was to stop underage smoking or adult smoking. He stated that posting signs would be a license for MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 people to put pressure on smokers. Ms. Weber stated the goal is to reduce youth smoking by reducing social exposure. Ms. Weber stated the lang._a_ge proposed for the signs is "thank you for not using tobacco products in this park." She stated the purpose of the signs is to let people know the resolution passed. Council Member Brown stated that he is opposed to government interference in citizens' lives, but is for healthy living. He stated that Ms. Weber has changed his mind on this issue. MOTION by Weycker, seconded by Brown, to pass the resolution contingent on verification of the facts and also that Staff will develop appropriate verbiage for the signs. Discussion: Acting Mayor Hanus asked what was meant by the term "environmental." Ms. Weber stated this referred to second-hand smoke. Acting Mayor Hanus stated that the wording of "outdoor venue of recreation seemed rather broad and wondered if this could refer to a boat anchored off the beach. Ms. Weber stated it did not refer to boats. The City Attorney suggested that the terms not be defined and that resolution could simply state public parks. Acting Mayor Hanus asked for an explanation of how this could increase the aesthetic value of the community. Ms. Weber stated there would be no cigarette butts on the ground. Council Member Ahrens asked if money for signage was available in the City's budget. Acting Mayor Hanus stated it was not. Ms. Weber asked whether she would be allowed to work with Staff on the language for the signage. The City Manager stated that something could be worked out. Council Member Ahrens made a friendly amendment that the sign verbiage be subject to City Council approval. Council Members Weycker and Brown accepted the amendment. Ms. Weber stated that each sign would cost $44 and a minimum of 7 signs would be needed. She stated that her group had money for ten signs and so there would be no cost to the City. Jim Brand, President of Mound Crime Prevention Fund, stated that he has a budget available to pay for the signs if necessary. MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 Council Member Brown called for the vote. Ahrens seconded. The vote was -nanimously in favor. Motion carried. 4-0. Acting Mayor Hanus called the question. The vote was 4 in favor, unanimous. Motion Acting Mayor I-Ianus called a break at 9:20 p.m. Acting Mayor Hanus called the meeting to order at 9:36 p.m. DOCK AND COMMONS CASES: PUBLIC LANDS APPLICATIONS 1.17 JERRY & LORI MAREK - 4829 ISLAND VIEW DRIVE: 1. TO INSTALL RIP RAP ON THE COMMONS LAKESHORE. AND 2. TO INSTALL A SPRINKLING SUPPLY PIPE ACROSS THE COMMONS. The City Attorney reminded the Council that a 4/5 vote is required on these issues and so tonight it would require all members to vote in favor for an issue to pass. The City Building Official stated that the applicants are also requesting financial assistance. He stated that Staff is in favor of this. Council Member Ahrens stated that she wished to have the information on item 2 at this time. The City Building Official stated that Staff was recommending approval of item 2. Council Member Ahrens stated that item 2 did not require discussion by the Council. MOTION by Brown, seconded by Alu'em, to approve Staff recommendation on the installation of the sprinkler pipe, Item//2. The vote was -nanimously in favor. Motion carried. 4-0. MOTION by Brown, seconded by Ahrens, to approve Staff recommendation of the installation of the riprap, Item #1. Discussion: Council Member Ahrens stated that the applicants are asking the City to bear the cost of the riprap. She stated they do have red rock now. She felt it was a problem to provide them with City funds because there was not policy established for who and how citizens would be eligible for the funds. Jerry Marek, 49829 Island View Drive, stated that he understood the precedence issue. He stated that he is concerned that his yard is receding and that he understands that red rock is no longer allowed. Acting Mayor I-Ianus agreed that fieldstone is the direction the lake is going. MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 Council Member Ahrens pointed out that another property owner had put $5,000 of fieldstone in at their cost and that a policy was needed. Mr. Marek proposed going ahead with the improvement and sharing the expense with the City. Council Member Ahrens stated that the dock budget is currently being looked at that a policy could also be considered. Acting Mayor Hanus stated that Council Member Ahrens was correct about the need for a policy and that it should also be considered that there would be retroactive requests. Council Member Ahrens stated that she did not want to delay Mr. Marek's project, but it was necessary to consider the consequences. She asked whether he would consider doing the project without City funding. Mr. Marek stated he probably would not do the project. Council Member Brown withdrew his motion at this time. Council Member Weycker stated that during budget talks, Staff has indicated that some areas are in greater need of new tiptop and that doing the work piecemeal would raise the City's cost. Council Member Ahrens stated that without a policy she would need to vote against the request. She stated that if the applicants were interested, the request could be passed without the funding and the applicant's might be eligible after-the-fact for funding. Mr. Marek stated this was acceptable. MOTION by Ahrens, seconded by Brown, to approve the permit application for riprap, Item #1 without City reimbursement at this time. The vote was unanimously in favor. Motion carded. 4-0. 1.18 FRED JOHNSON - 4925 ISLAND VIEW DRIVE: CITY CODE 320 VIOLATION. The City Building Official stated that this was an after-the-fact permit. The applicant has done damage to the fire lane during construction. The applicant was unable to be present at this meeting. The City Building Official stated that he has put the contractor on notice that a Certificate of Occupancy will not be issued until the neighbor is happy with the restoration. Staff has requested the applicant propose a restoration plan, but this has not yet been provided. Staff is suggesting trees be planted on the fire lane. Council Member Brown pointed out that Staff is asking for one tree, but at least three appear to have been cut from the pictures. The City Building Official stated that at least one-half dozen trees were cut on the fire lane. He stated that no citations have been written at this time as Staff prefers to work with the applicant. He further stated that shoreline management tt MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 does allow opening up property and that the applicant might have received approval for this if it had been requested. He stated that the request of one tree was a starting point suggested by the Park Director, but the City Council could change this. Council Member Weycker asked what the size trees were cut. The City Building Official stated that some of the trees were six inches in diameter. Ed Maynard, who is the neighbor involved, stated that he has been working with the City Building Official on this. He stated that the applicant has encroached on his property. He stated the fire lane is a buffer and he would like to see a significant number of trees replanted. He stated that the sod that was installed on his property is not level and drains toward his house. He stated that the fire lane is only half sodded. Council Member Weycker asked if Mr. Maynard knew what types of trees were cut. Mr. Maynard stated these were maple, oak, sumac, and cottonwood. The City Building Official stated that the contractor has been difficult to work with and the City Prosecutor is ready to take action. Mr. Maynard stated that the applicant is willing, but there is a time issue as the silt fence is gone. Acting Mayor Hanus asked if the silt fence was included in the restoration plans. The City Building Official confirmed it was. Council Member Weycker stated that Staff's report made it appear this was an accidental situation, but in reviewing the photographs she felt it was intentional and should be turned over for prosecution. Council Member Ahrens stated that she was against prosecution because it would cost the City too much money. Acting Mayor Hanus pointed out that the most the City could recover is a $700 fine. The City Attorney stated that the court could order restitution, but that a fine and a jail sentence would also be possible. Acting Mayor Hanus stated that the cost of prosecution is substantial and that the money would be better spent to resolve the issue. Council Member Brown stated that he felt the applicant should be asked to replace at least six trees, fix the sod, and satisfy the neighbor in terms of the nm off issues. If these terms were not complied with, he felt the Certificate of Occupancy should be withheld. Acting Mayor I-Ianus stated that including approval by the neighbor would make the situation too messy. Council Member Brown suggested changing it to approval by the City Building Official. The City Attorney pointed out that this condition could not be imposed after the building permit had been issued. MOUND CITY COUNCIL MINUTES - OCTOBER 24. 2000 Council Member ens stated g0al was m restore buffer with fl e adjacent neighbor and felt the City should work with the applicant. She suggested arranging a meeting between the applicant and the neighbor. The City Building Official stated that a meeting might not work out, but he can give deadlines for compliance. He stated that he has already issued stop work orders twice. stated the project is far enough along to do the replanting at this time. He Council Member Ahrens stated the applicant should be given the benefit of the doubt and the chance to work with the City. Acting Mayor Hanus asked what the chances were that the applicant would comply with the requests. The City Building Official stated that with clear guidelines and Staff approval of the landscaping he felt that it would be successful and that prosecution could be the backup plan. The City Attorney suggested that no action be taken tonight and that the City Building Official bring back a detailed plan. Council Member Weycker added that she wanted to know the size and type of trees cut. The City Building Official suggested requiring the applicant to replace six trees at a minimum of 2.5 inches and to prepare a landscape plan to be approved by the Park Director. He felt it was important to get the new trees in before winter. He stated that he would bring the issue back to the Council if it could not be resolved. Acting Mayor Hanus asked why this needed to be done immediately. The City Building Official stated that he felt he could get this accomplished and that the grading and drainage issues are covered in the building plan. The City Manager stated that she could be involved in the resolution of this to a greater extent. MOTION by Brown, seconded by Ahrens, to approve Staff recommendation of the planting of six trees, 2.5" in caliper or larger with a deadline of November 30, 2000 or legal action would be taken. The vote was nnanlmously in favor. Motion carried. 4-0. 1.19 REPLACF34ENT OF STAIRWAYS AT WIOTA COMMONS. Jim Fackler, Parks Director, stated that this was requested several years ago and that there is a wide variance in the quotes for this project. MOTION by Brown, seconded by Ahrens, to use Ali Seasons for the replacements. Discussion: MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 Council Member Weycker asked why there was a design difference in the stairways. The Parks Director stated there was a difference in the handrails used. Council Member Weycker stated that she felt all public stairways should have a uniform appearance. Acting Mayor Hanus stated that this is a private area for subdivision use only. Council Member Ahrens stated that citizens would know where the access was. Acting Mayor Hanus called the vote. AYES: 3 NAYS: 1 (Weycker) Motion carried. 3-1. 1.20 PETITION FOR SECURITY LIGHTING AT END OF CANARY LANE. The City Manager stated this is a request for a streeflight accompanied by a unanimous petition from the neighbors. Staff is recommending approval of this. MOTION by Ahrens, seconded by Brown, to accept Staff recommendation. The vote was nnanimously in favor. Motion carried. 4-0. 1.21 DISCUSSION ON ELIMINATION OF HENNEPIN COUNTY PRISONER TRANSPORT SERVICE TO CITIES. The City Manager stated that Council had asked for information on the impact of this with the intention of responding. She stated that the Police Chief does feel this will have an impact and that this has been a meet halfway policy in the past. Council Member Hanus stated that the City Council should direct Staff to write a letter of concern or dispute on this issue. The City Manager suggested that the Police Chief COuld write this letter and express the impact on the department including financial considerations. The City Council agreed with this plan. 1.22 LEAF DISPOSAL DISCUSSION. Council Member Brown suggested supplying a compost company with an address list and having residents present identification to drop off leaves. Council Member Ahrens stated that the citizens do not want to drop the leaves. The City Manager pointed out that for the same money a refuse handler would do a pickup. Acting Mayor Hanus stated that the City has been collecting recycling fees for this purpose. He wondered if the City could open up the Lost Lake site for Mound residents only or reduce the fees. Council Member Ahrens stated that leaf disposal should be in the budget. MOUND CITY COUNCIL MINUTES - OCTOBER 24. 2000 The City Manager stated that the point is that the Lost Lake solution would be short lived and that change has already been initiated. Council Member Brown pointed out that residents have been paying a fee for this. The City Manager stated that the City has money in the recycling fund. She stated that curbside pickup would increase the level of service and demand would become greater. suggested that if people were willing to haul the leaves to a collection site that would be better. She Council Member Weycker suggested leaving this as is and looking at reducing the fees for next year. Council Member Ahrens also suggested looking at the issue next spring. Council Member Brown stated that he wished to do something now and suggested putting dumpsters in front of City Hall for a Saturday COllection. Council Member Weyeker pointed out that this would double the COst. MOTION by Brown, proposing that on November 4 the City will furnish dumpsters in front of City Hall for Mound residents to drop leaves for one day only. The motion died for lack of a second. Council Member Ahrens stated that it was the consensus of the City Council that they would like to do something for reasonable rate and that the City Manager should check into the cost of using dumpsters for a one-day collection program. The City Manager stated she would get this information and call the City Council members with any questions or problems. INFORMATION/MISCELLANEOUS 1. MEDIACOM LETTER. 2. ARTICLE: GROUP WORKS TO CHANGE ATTITUDES TOWARD PUBLIC SECTOR EMPLOYEES. 3. INFORMATION ABOUT TONKA CLEANUP PROJECT. 4. CALL FOR APPLICATIONS FOR VOLUNTEERS FOR THE ASSOCIATION OF METROPOLITAN MUNICIPALITIF3 TRANSPORTATION ADVISORY BOARD. 5. WESTONKA HEALTHY COMMUNITY COLLABORATIVE MINUTES: SEPT. 15. 6. MOUND POLICE DEPARTMENT SAN DIFfoO COMMUNITY POLICING PRESENTATION. t§ 8. 9. LMCD MINUTF.~: ADJO~ MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000 FINANCIAL REPORTS THROUGH SEPT. 2000. AMM FAX NEWS. SEPT. 27. MOTION by Brown, seconded by Weycker, to adjourn the meeting at 11:10 p.m. The vote was unanimously in favor. Motion carried. 4-0. Kandis Hanson, City Manager Attest: City Clerk PAYMENT BILLS DATE: NOVEMBER 8, 2000 BILLS ACCOUNTS PAYABLE BATCtt # #0102 #0103 TOTAL BILLS $193,621.44 AMOUNT $ 87,6o2.13 $106,219.31 PAGE 1 AP-C02-01 VENDOR NO. INVOICE A0414 25122 NMBR INVOICE DUE HOLD DATE DATE STATUS 11108/00 11108/00 ASSURED SECURITY VENDOR TOTAL PURCHASE JOURNAL CITY OF MOUND AMOUNT DESCRIPTION ACCOUNT NUMBER 22i.i0 REPLACE ELECTRONIC SOLENOID 01-4320-3830 22I.i0 JRNL-CD 1010 221.10 ~0~75 87257 "' 11/08/00 11/0~/00 i~--~ONCRETE SHALL LOAD 01-4340-2310 152.56 JRNL-CD 1010 '~-VR,--II~CORPORATED ....... -VENDOR TOTAL IS2.~6 60549 20010700 ll/0B/00 !lV'O'~700 1,489.89 LIGUOR 71-7100-9510 1,-T-41~9.89--URN[-CD .... 1010 3ELLBOY CORPORATION VENDOR TOTAL 50631 91289574 11/08/00 11/08/00 5ORDER STATES ELECTRIC SU~ VENDOR TOTAL 1489.89 i77.91 FLOURSCENT BULBS 01-4320-2300 I77.91 JRNL-CD 1010 i77.91 ~d~92~--001020 11/08/00 11/08/00 18.96~-~ATE~-'AND ~EWER .......... 71-7100-374~ 18.96 JRNL-CD 101r CITY OF MOUND - VENDOR--~OT-A L 1 C0970 61371077 101.68 MIX TAXABLE 71-7100-9540 101.68 JR,'N~t_-~C1)'- .............. lgl0 COCA COLA BOTTLING-MIDWEST VENDOR TOTAL ~1019 3724 11/08/00 11/08/00 CONCEPT LANDSCAPING, INC. VENDOR TOTAL 101.68 3,670.00 DENBIEGH RETAINING WALL 3,670.00 JRNL-CD 3670.00 01-4280-4200 1010 Cl105 001026-A --- ll/OB/O0 11/08/00 4~;~--%~-16-0Q AVALON, 27 SECTIONS 405.00 JRNL-CD 81-4350-4200 1010 ..... 001026-B 11/08/00 11/08/00 46~.00 i'O~TT-~O'-PEMBROKE, 30 SECTIONS 465.00 JRNL-CD 81-4350-4200 1010 001026-C 11/08/00 11/08/00 31J1~---l~-lB-O0 DEVON, 21 SECTIONS 315.00 JRNL-CD 81-4350-4200 1010 001026-D 11/08/00 11/08/00 21~%~--'--i~-~9-00 FAIRVIEW, 14 SECTIONS 210.00 JRNL-CD 81-4350-4200 1010 001026-E ................. 397.00' 10-20-00 HIGHLAND, 23 SECTIONS 11/08/00 11/08/00 397.00 JRNL-CD 81-4350-4200 1010 .... 001026-F 11/08/00 ll/Ol~/O0 21-O.-01)--~14HURST, 14 SECTIONS 210.00 JRNL-CD 81-4350-4200 1010 CREPEAU DOCKS VENDOR- TOT'AL ....... 29'02 ;~0 - - Cllt0 001025 475.00 CURB AT RAMBLER AND MAPLE ROAD 73-7300-4200 PAGE 2 AP-C02-01 VENDOR NO. INVOICE NMBR ----'00103! CRETE WORKS INC Dl172 333218 334608 INVOICE DUE HOLD DATE DATE STATUS 11108/00 11/08/00 11/08/00 ll/0E/00 VENDDR--I'~T~L ll?01~YO0 11/08/00 11/08/00 SS7'-0~00 PURCHASE JOURNAL CITY OF MOUND AMOUNT DESCRIPTION 475.00 JRNL-CD 300.00 DORC"HES7 E~:~ 'RD'AD -CURB 300.00 JRNL-CD 77'5-.'0~- .......... 840.35 HOSE, HELMET, ETC 84U.35 JRNL-CD- 135.51 BLUE HELMET 135.51 jRNE~CD .............. PR ACCOUNT NUMBER 1010 73-7300-4200 iOlO 22-4170-2200 22-4170-2200 "- 1010 DANKO EMERGENCY E@UIPMENT VENDOR TOTAL D1200 113512 11/08/00 i1/08/00 113525 11/08/00 11/08/00 114300 DAY DISTRIBUTING COMPANY 11/08/00 11/08/00 VENDOR TOTAL 975.86 679.55 BEER 679.55 JRNL-CD 416.00 BEER 416.00 JRNL-CD 1,895.60 BEER 1,895.60 JRNL-CD 2991.15 -1~1~20 697878 698928 ...... 699479 699480 702518 703057 -DAST SIDE BEVERAGE E1455 181011 11/08/00 11/08/00 11/08/00 11/08/00 11/08/00 11/05/00 11/08/00 11/08/00 i1/08/00 i1/08/00 11/08/00 11/06/00 VENDOR--T-OT~t 11/08/00 11108/00 E~UIPMENT SUPPLY INC VENDOR TOTAL E1487 645 11/08/00 11/08/00 35~.~---B'E~FR~'-EG'S .................. 358.00 JRNL-CD i~9~-'-~EER - 199.50 JRNL-CD 4,818.70 JRNL-CD 2~75--B~ER- ' 239.75 JRNL-CD 1,721.5~--'~E~--- 1,721.50 JRNL-CD 49~;00 - BEER 493.00 JRNL-CD 293.43 MOTOR FOR EXHAUST FAN 295.%3- JRNL-CD 293.43 69.95 WINTERIZAITON IRRIGATION 69.95 JRNL-CD 71-7100-9530 1010 71-7100-9530 1010 71-7100-9530 1010 71-7100-953'0 ......... 1010 71-7100-9530 1010 71-7100-9530 1010 71-7100-9530 1010 71-7100-9530 --- 1010 71-7100-9530 1010 01-4329-3830 1010 01-4320-3830 1010 PAGE 3 AP-C02-01 - VENDOR NO. I~vOICE FINAL G1750 456543 462825 462824 NMBR INVOICE DUE HOLD DATE DATE STATUS 11/08/00 11/08/00 TOUCH SERVICES, INC VENDOR TOTAL 456544 462826 462823 G & K SERVICES Gt887 75~6 ~AS$ PLUS G1912 063231 GOODYEAR TIRE G1972 283868 283869 283746 u R C H A S E J 0 U R N A CITY OF MOUND AMOUNT DESCRIPTION 479.25 WINDOW CLEANING 479.25 JRNL-CD 479.25 11/08/00-1170~700 '2~%~6--1~-24-00 UNIFORMS 24.76 10-24-00 UNIFORMS 24.76 10-24-00 UNIFORMS 1%~--~_~-~ATS-. -- 11.75 10-24-00 MATS 11.76 10-24-00 MATS I~5-~F--JRNL-CD~ li/OB/O0 ll/Oa/O0 30.43 10-31-00 MATS 30.43 JR'~FL-C1) ........ 11/08/00 11?0~/00 38.21 10-31-00 MATS 3~.--2~"--JRNL-C-D 11/06/00 99.78 10-24-00 MATS 99.78 JR'NL~ 11/08/00-1-1?-0~8Y~0 21.18 10-31-00 MATS 21.1~---~RNL-CD .... ll/OB/O0 11/08/00 VENDOR TOTAL 24.76 10-31-00 UNIFORMS 24.76 1~$~-~ ~NIFORMS 24.76 10-31-00 UNIFORMS 21.08 iO-31-O0 MATS 2I.-X)~---~-31-O0-MATS 21.09 iO-3i-O0 MATS i37.53 JRNL-CD 436.67 ll/OB/O0 11/08/00 --3~-I-=2$----I~NSTALLtED DOOR PULL HANDLE ETC 341.25 JRNL-CD 11/08/00 -11/0 8?0'0 158.62 TIRES (2) i~'8 ~-62-- JRNL-CD DISTRIBUTION VENDOR TOTAL 158.62 29.50 MISCELLANEOUS TAXABLE ll/08/O0 i1/08/00 29.50 JRNL-CD 436.00 WINE i1/08/00 11/08/00 436.00 JRNL-CD 468.48 LIQUOR 11/08/00 ii/08/O0 468.48 JRNL-CD 284747 176.10 WINE 11/08/00 i1/08/00 176.i0 JRNL-CD ACCOUNT NUMBER 01-~320-380U 1010 01-4280-2240 73-7300-2240 76-7800-2240 01-4280-2250 ' 73-7300-2250 78-7800-2250 10~0 -- 22-4170-2230 1010 .... 01-4340-2330 1010 01-4320-4210 '-- 1010 71-7100-421~ 1G 01-4280-2240 73-7300-2240 78-7800-2240 01-4280-2250 73-7300-2250 78-7800-2250 1010 71-7100-3830 1010 22-4170-3820 lOlO 71-7100-9550 1010 71-7100-9520 1010 71-7100-9510 1010 71-7100-9520 ]01' PAGE 4 AP-C02-01 VENDOR NO. INVOICE NMBR INVOICE DUE HOLD DATE DATE STATUS PURCHASE JOURNAL CITY OF MOUND PRE AMOUNT DESCRIPTION ACCOUNT NuMbER A 287277 288030 11/08/00 285031 11/08I~0-~1/06/00 GRIGGS COOPER & COMPANY G1977 001019 VENDOR TOTAL 001019-B .... 001019-C G T E MINNESOTA H1998 046431 H & L MESABI, H2160 002911 INC. HENN CO TREASURER H224t O01010-A 1i/08/00 tl/08/00 11/08/00 11/08/00 ll/OB/O0 11/08/00 VENDOR-TOTAL 89.85 WINE 89.8~-----3R~TL~CD 71-7100-9520 1010 .... 1,763.36 LIQUOR 71-7100-9510 1~B~5~:.36--2~;~-CD 1010 437.93 WINE 437.93---jlq~N~_-C1) 3401.22 71-7100-9520 -'1010 ..... 3.00 LONG DISTANCE ADMINISTRATIVE 01-4320-3200 24.74 THRU iO-IR-O0 PHONE SERVICE 01-4320-3220 24.7~--~T~N'U--%0-~-O0 PHONE ~ERVICE 01-4190-32~0 24.74 THRU i0-19-00 PHONE SERVICE 01-4340-3220 24.74 THRU IO-iR-O0 PHONE SERVICE 01-4090-3220 2~';'~--T~RWI~-~9-OO PHONE SERVICE 01-~040-3220 1.81 THRU 10-19-00 472-0603 LONG DI 01-4095-3220 .45 THRU lO-i9-O0 472-0605 LONG DI 01-4090-3220 3.27 TM~-~-~O ~72-0606~0NG DI - 0~-4090-3220 2.57 THRU I0-19-00 0607/0608LONG DI 01-4190-3220 6.i0 THRU i0-19-00 472-0609 LONG DI 01-4040-3220 ~--~HRU--IO-I~-O0 472-0611 LONG DI 01-4340-3220 2.06 THRU lO-19-O0 472-0614 LONG OI 01-4190-3220 143.46 JRNL-CD 1010 47.35 THRU 10-19-00 PHONE SERVICE 01-4280-3220 47.35 THRU I0-i9-00 PHONE SERVICE 73-7300-322~ ~?~36- THRO ~0-19-00 PHONE SERVICE 78-7800-3220 i42.06 JRNL-CD lOlO 121.57 1~-1~-~ OHONE SERVICE 0'1-4140-3220 121.57 JRNL-CD 1010 ....... ~07%~9 119.2~ PLOW BLADES ..... 110~76----P[0~ BLADES' 601.94 PLOW BLADES i97.i9 PLOW BLADES 11/08/00 llfOB~O 1,-zO29.~-T---URNt-CD VENDOR TOTAL 1029.17 852.50 09-00 ROOM AND BOARD ii/08/O0 ii/08/O0 852.50 JRNL-CD VENDOR TOTAL 852.50 .... lg~2"5~--q~9-'0~ ~NDGON/AUDITORS RUAD 450.00 09-00 METRO PLAINS BOO.OB 09-00 POST OFFICE ................ ~2'5.00 09-00 TIF RELATED MISCELLANEOU 106.88 09-00 TIF RELATED mISCELLANEOU 11/08/00 11/08/00 3,606.~8 JRNL-CD 01-4340-3810 73-7300-2310 01-4280-2310 01-4280-2310 1010 01-4110-4250 1010 55-5880-3100 01-2300-1096 55-5879-3100 55-5560-3100 55-5880-3100 1010 PAGE 5 AP-C02-O1 VENDOR NO. I~vOICE NM~R INVOICE DUE HOLD DATE DATE STATUS PURCHASE JOURNAL CITY OF MDUND AMOUNT DESCRIPTIDN ACCOUNT NUMBER O01010-B oOiOiO-C ..... O01010-D 11108/00'~I7-0b/00 11/08/00 11/08/00 11/08/00 11/08/00 1,563.48 09-00 MISCELLANEOUS PLANNING 01-4190-3100 1,563.~8 JRNL=CD ...... 1010- 845.00 09-00 GILLESPIE FINAL PLAT 395.00---'g~-~g'-1801~ R~STHAVE VARIANCE 1,170.00 JRNL-CD 5,541.55 O9;~O'UN-D'-¥TSION MISCELLANEO 5,541.55 JRNL-CD 01-2300-1085 01-4190-3100 1010 55_5880~3100 1010 I-tOI'S'INGTON KOEGLER GROUP,* YEI~'DO'R--T-OI'-AL 12309 23776765 .......... 11 / O 8/O'Cr~.'l_7'CrE / 0 0 11~i.9i 108.77 i0~.77 10-24-00 THRJ 11-24-00 COPIER 01-4140-2140 JRNE-~CD ................ 1010 ........ IKON OFFICE I2400 6ill 6051 6415 6259 6277 6309 6400 6405 6422 ISLAND PARK 32579 SOLUTIONS VENDOR TOTAL 11/08/00 11/08/00 11/08/00 11/08/00 ii/08/00 11/08/00 1i/08/00 11/08/00 108.77 328.51 328.5i 651.44 651.44 13.00 13.00 22.50 22.50 SKELLY 1174656 1174657 117739B 25.86 11/08/00 11/08/00 25.86 253.53 li/OB/O0 li/08/O0 253.53 62.86 11/08/00 I1/08/00 62.86 25.86 11/08/00 ll/08/O0 25.66 i32.05 i1/08/00 11/08/00 i32.05 LEAF SPRINGS, ETC JRNL-CD MASTER CYLINDER, ETC JRNL-CD FLAT TIRE REPAIR JRNL-CD TEST BATTERY AND CHARGE JRNL-CD OIL CHANGE JRNL-CD DOOR LATCH, ETC JRNL-CD WINDSHIELD, ETC. JPNL-CD OIL CHANGE JRNL-CD BATTERY JRNL-CD VENDOR TOTAL 1515.61 ................. 522.~0-- LIQUOR ' 11/08/00 11/08/00 522.00 JRNL-CD ...... 829.--5~--WI~E ll/OB/O0 11/08/00 829.50 JRNL-CD .............. 767.00' LIQUOR li/O&/O0 11/08/00 767.00 JRNL-CD 22-4170-3820 1010 22-4170-3820 73-7300-3~10 1010 01-4190-3810 1010 01-4140-3810 1010 01-4140-3810 1010 01-4140-3510 1010 01-4140-3810 1010 01-4140-3810 1010 71-7100-9510 1010 71-7100-~520 1010 71-7100-9510 1010 PA~E 6 AP-C02-O1 VENDOR INVOICE NO. INVOICE NMBR DATE 1177399 DUE DATE 11/08/00 ii/08/00 1177&00 11/08/00 11/08/00 JOHNSON BROTHERS LjGUOR VENDOR TOTAL J 261)'0- '001030 I~O~[E NELSON J2630 31177 JUSTUS LUMBER K2699 3&O&3-A 34943-8 11/08/00 11/08/00 V ENDOR---TO=T~ L COMPANY VENDOR TOTAL li/OB/O0 ll/OB/O0 ll/OB/O0 ll/OB/O0 11/08/00 11/08/00 11/08/00 il/08/00 11/08/00 11/08/00 11/08/00 11/08/00 11/08/00 11/08/00 11/08/00 11/08/00 ll/OB/O0 11/08/00 11/08/00 11/08/00 34943-f HOLD STATUS 34943-D 34943-5 34943-F 34943-G 34943-H 34944-4 34944-B P U R C H A S E JO £ITY OF MOUND AMOUNT DESCRIPTION 149.45 LIQUOR 149.45 JRNL-CD 2,550.18 WINE 2,550.18 JRNL-¢D 4818.13 9.75 RE~MBUR'S'E--MI~E~AGE'- 9.75 JRNL-CD 9~7'5 ............. 455.20 LUMBER 45J.20 JRN~'-D ........... 455.20 555.50 555.50 1,713.80 1,713.80 1,092.30 1,092.30 U R N A L ACCOUNT NUMBER 71-7100-9510 1010 71-7100-9520 1010 70-4270-4120 1010 22-4170-2200 ..... 10~10 ........ 09-00 MISCELLANEOUS JRNL-CD 09-00 POST OFFICE LEGAL SERVIC JRNL-CD 09-00 LONGPRE BLDG LEGAL SERVI JRNL-CD BILLING 55-5880-3100 1010 55-5879-3100 1010 55-5880-3100 1010 55-5880-3100 1010 349.80 09-00 CUSTER BLDG LEGAL SERVIC 349.80 JRNL-CD i57.30 09-00 DOWNTOWN REDEV LEGAL SER 55-5880-3100 157.30 JRNL-CD lOlO 91.3i 09-00 METRO PLAINS LEGAL SERVI 01-2300-i096 91.31 JRNL-CD 1010 648.50 09-00 POST OFFICE LEGAL SERVIC 55-5879-3100 648.50 JRNL-CD lOiO 321.60 09-00 METRO PLAINS LEGAL SERVI 01-2300-i096 321.60 JRNL-CD lOlO 60.00 09-00 GILLESPIE fir CLAI~ 01-4110-3100 60.00 JRNL-CD lOlO i24.40 09-00 MORTON LANE STREET VACA~ D1-230D-1089 i24.AO JRNL-£D 1010 34944-C 72.00 ll/O8/OO 11/08/00 72.00 34944-D 210.00 ii/08/O0 i1/08/00 210.00 34944-E1 1,352.89 11/08/00 11/08/00 1.352.89 OO-O0 LANGDON BAY LEGAL SERVIC JRNL-CD 09-00 BECKER LEGAL SERVICES JRNL-CD 09-00 EXECUTIVE JRNL-CD 01-2300-i095 1010 01-2300-1098 1010 01-4110-3100 1010 PAGE 7 AP-C02-Oi VENDOR INVOICE NO. INVOICE NMBR DATE DUE HOLD DATE STATUS PURCHASE JOURNAL CITY OF MOUND PRE AMOUNT DESCRIPTION ACCOUNT NUMBER $ 34944-F 34944-G 34944-H 34944-2 34944-I 34944-K 34944-L 34944-M 34944-N 34944-0 34944-P 34944-~ KENNEDY & GRAVEN L2770 000929 I1/08/00 lll081itO--!-'J, lOBIgO 11/08/00 1~70~00 II/08/00"11t0~/1~' ll/08YO0-~/O 8/00 11/08/00'117~Y00 11/08/01)--1-1-/1)8/00 30.00 09-00 DOCK FEE SCHEDULE 81-4350-3100 30.00 JR NL'~-C'D ............................... '1010 ......... 60.00 09-00 ELECTION REFERANDUM 01-4060-3100 ---6-O~O---jRNL -C1)- 101 D 258.00 09-00 GILLESPIE PLAT SERVICE 01-2300-1088 256'~:YO---' ~tR'N'~--~"'D ......................... '1010 ....... 2,~23.55 09-00 ADMINISTRATIVE LEGAL SER 2 ;,~-23'-.'5-5--UR NE-'Cg 01-4110-3100 1010 60.00 09-00 DOWNTOWN REDEV LEGAL SER 55-5880-3100 60.00 J R N1..~"1) .................. 1010 236.20 09-00 PUBLIC SAFETY 23~-20 --JR Nt - C D 01-4140-3100 - '101'0 - 90.00 09-00 PUBLIC WORKS STREETS 01-4280-3100 90.00 JR'NL~ .............................. ~'0------ 474.00 09-00 GILLESPIE MISC LEGAL 47~;1tO--ctRN1~-Cg ............. 01-2300-1088 96.00 09-00 DOWNTOWN REDEV LEGAL SER 55-5BB0-3100 96.00 JRN[-~ ......................... ~O ....... 11108/00-1-1/08/00 11/08/00 VENDOR TOTAL ll/O8/O0-1t?O-BYO0 LAKE MINNETONKA CONSERVATI VENDOR TOTAL L2820 0Q22561 11/08/00 ll/OB/O0 LAW ENFORCEMENT TARGETS, ~ VENDOR TOTAL -L2~22 1408817 11/08/00 11/08/00 -LAWSON PRODUCTS, INCo VENDOR---T-O-T-Al. L2930 5-304114 36.00 09-00 CODDON SUB-DIV. LEGAL SE 48.40 09-00 GARAGE REMOVAL 48,40 J.~Nt-'~ ................... 60.00 09-00 COMMERCIAL DOCKS 60~O---3R'N~CD -- 10621.55 895.00 DOCK REMOVAL 2001 iO0.O0 DOCK PERMIT 200i 995~O0---JRNL-C~ ........ 995.00 106.I0 TARGETS 106.i0 JRNL-CD 106.10 -2-4.03---FUI~NEI:~-FItLER WITH SPOUT 24.03 JRNL-CD ~03 ........ 26.96 BELT 01-2300-1108 1010 ' 01-4190-3100 ..... 1-D 1-0 81-4350-3100 lOlO - 81-4350-4100 30-5610-3100 01-4140-2270 1010 01-42B0-2310 1010 01-4280-2310 P AGE 8 AP-C02-Oi VENDOR ND. INVOICE NHBR 5-302075 5-3020~2 iNVOICE DUE HOLD DATE DATE STATUS 11/08/00 11/08/00 11/08/00 11/08/00 11/08/00 11/08/00 L0~E~S AUTDMOTIVE/ZITCO~--~ENDOR TOTAL M3030 490 210072 PURCHASE JOURNAL CITY OF MOUND AMOUNT DESCRIPTION ACCOUNT NUMBER 26.96 JRNL-CD 1010 82.£5 TIE--RO~--E~g ETC. - 82.I5 JRNL-CD 1010 28¥6-8---5T~EER1NG STASILIZE 22-4170-3810 28.68 JRNL-CD 10t0 137.79 .............................................. B.55 BEER T1-7100-9530 8~-5T--~RNE -CD .... 1010 2,799.i0 BEER 71-7100-9530 212718 11/08100-~1/08/00 11/08/00'~I-/-0~1~0 212719 .... 11/08/0~-~/08-~00 VII DISTRIBUTOR VENDOR TOTAL M3075 i06318 ll/OB/O0 11/08/00 MAYER LUMBER COMPANY, IN{. VENDOR TOTAL M3082 001018 --M C~I-NLEY, JOHN H3470 59340 11/08/00 11/08/00 ..... --V~NDO R TOTAL 11/08/00 11Y~8~00 MN VALLEY TESTING LABORATO VENDOR TOTAL M3500 001031 11/08/00 11/08/00 001130 HOUND FIRE RELIEF ASSN 11/08/00 11/08/00 VENDOR TOTAL N5737 001018 2,799.10 gR1XIi---C'D ....................... 101'0 ..... 3,188.80 BEER 92.00 LIQUOR 92.00 JRNL-~D 6088.45 I7.81 TREATED LUMBER 17.81 JRNL-CD 71-7100-9530 lO1D 71-7100-9510 ..................... A010 ...... 01-2300-0500 1010 17.81 38~2--'REIMBURSEMENT TUITION 01-4140-4110 388.12 JRNL-CD 1010 388.12 .............................. 72.50 COLIFORM M-F WATER (10 TESTS) 7~.--5~---~RNL-CD 72.50 8,484.17 8,484.17 8,484.17 8,484.17 iO-O0 FIRE RELIEF JRNL-CD ll-OO FIRE RELIEF· JRNL-CD 16968.34 26.1~--~0-18-00, FLEET 01, SKINNER GR 26.13 iO-1B-O0, FLEET 01, SKINNER GR 26.i3 I0-18-00, FLEET 01, SKINNER GR ?~-~-~O~-FLEET~2, FACKLER JA 77.46 lO-1B-O0, FLEET 03, MCEAFFREY 39.00 iO-iS-O0, FLEET 04, HEITZ DONA 59.00-- 10-18-~0, FLEET 05, JOHNSON TI 39.00 i0-18-00, FLEET 06, HENKE JERR 39.00 10--iS--00. FLEET 07. KESTNER AL 73-7300-4215 q_ 010 95-9500-i400 1010 95-9500-1400 lOIO 01-4280-3220 73-7300-3220 78-7800-3220 01-4340-3220 81-4350-3220 01-4280-3950 01-4280-3950 73-7300-3950 73-7~00-3950 PAGE 9 AP-C02-O1 VENDOR INVOICE NO. INVOICE NM~R DATE P U DUE DATE HOLD STATUS R C H A S E J O U R N A L CiTY OF MOUND 11/08/00 11/08/00 A~OUNT DESCRIPTION 39.00 10-18-00, FLEET OB, HARDINA DA 39.00 iO-18-O0, FLEET 09, KIVISTO SC 39.--00 ig-~-~7'-FLEET 10, GRAD¥ DAN 39.00 lO-iS-O0, FLEET ii, HEITZ FRAN i3.00 iO-iS-O0, FLEET i2, NELSON JOY I~.~O--~-T~-O0~ F%EET 12, NELSON JOY i3.00 i0-18-00, FLEET 12, NELSON JOY 39.00 iO-IS-O0, FLEET 13, JAYKO ~RAD 39.00 1~-~-~ ~L~'ET~14~ RAH~-JODI "' 78.36 10-18-00, FLEET 15, SUTHERLAND 39.00 10-18-00, FLEET I6, JOHNSON Ti 3~-.~----~-~-~0~ FtEET 17, HENKE JERR 39.00 10-18-00, FLEET 18, HARDINA DA 39.00 i0-18-00, FLEET 19, KIVISTO SC 39.00 i~-~'~T 20~'~RADY -DAN 39.00 I0-18-00, FLEET 21, HEITZ FRAN 39.00 i0-18-00, FLEET 22, HEITZ DONA 3~.--00 iO--1G-~O, FLEET 23, KESTNER AL 052.67 JRNL-CD ACCOUNT NUMBER 76-7800-3950 78-7800-3950 01-4280-3950 01-4280-3950 01-4280-3950 73-7300-3950 78-7800-3950 01-4340-3950 01-4040-3950 01-4190-3220 01-4280-3950 73-7300-3950' ' - 78-7800-3950 78-7800-3950 01-4280-3950 ....... 01-4280-3950 01-4280-3950 73-7300-3950 1010 NEX-T-E-~-COMMUNICATIONS~-t~ VENDOR TOTAL 1052.67 N3740 TI-0057501 54.23 EXEMPT SIGNS FOR RAILROAD 5~.--2-3--~R~L-CD ...... 01-4280-2360 lOlu NEWMAN SIGNS VENDOR TOTAL P3957 1684444 11/08/00 11/08/00 54.23 55.33 WINDSHIELD WASHER,DRUM,ETC 55.33 WINDSHIELD WASHER,DRUM,ETC 5~-3q-----WINDSHIELD WASHER,DRUM,ETC 166.00 JRNL-CD 01-4280-2310 73-7300-2310 78-7800-2310 1010 -P-AM -COMP A N I E S .... ~ENDOR TOTAL P4000 53206381 11/08/00 107.05 MIX I~.~5--JRNL-CD - ' 71-7100-9540 1010 PEPSI-COLA COMPANY P4021 656825 656826 656827 659069 659070 PHILLIPS WINE VENDOR TOTAL 107.05 1,300.25 11/08/00 11/08/00 1,300.25 324.50 ii/08/O0 11/08/00 324.50 99.00 11/08/00 ll/08/O0 99.00 75.50 11/08/00 i1/08/O0 75.50 428.25 11/08/00 i1/08/00 428.25 SPIRITS, * VENDOR TOTAL 2227.50 LIQUOR JRNL-CD WINE JRNL-CD MISCELLANEOUS NON TAXABLE JRNL-CD LIQUOR JRNL-CD WINE JRNL-CD 71-7100-9510 1010 71-7100-9520 1010 71-7100-9550 1010 71-7100-9510 1010 71-7100-9520 1010 PAGE 10 AP-C02-O1 VENDOR NO. INVOICE NMBR 0403b 36168 PINNACLE INVOICE DUE HOLD DATE DATE STATUS 11/08/00 11/08/00 DISTRIBUTIN$ VENDOR TOTAL PEG49 746067 PLU'N-~E't~*S,' INC Q4171 889000-00 ll/OB/O0 11/08/00 ....... VI~NDOR TOIAL 11t08%%0 ii~8/00 889586-00 U R C H A S E J O U R N A L CITY OF MOUND AMOUNT DESCRIPTION 903.78 CIGARETTES 903.7S JRNL-CD 903.78 9~---0C~--NOV-'DEC' 2000 PEST CONTROL 92.15 JRNL-CD 97.15 771.02 LIQUOR -77~2---'gRNL--CD 2,310.71 LIQUOR 2,310.7i J~NI_~ ...... PRE ACCOUNT NUMBER F 71-7100-9550 1010 01-4320-4200 - 1010 71-7100-9510 1010 - 71-7100-9510 ........................... 1010 ........ 889587-00 890069-00 890149-00 891980-00 891981-00 892397-00 892513-00 11/08/00 ~-8-/'~0 11/08/0~-~/08/00 11/08/00 l!tOBY9~ 11/08/00 QUALITY WINE & SPIRIT5 R4248 000919 RIDGEVIEW MOUND · -~4249 3038 RIV-RAD, INC. R4290 7~388 788Ii VENDOR TOTAL 11/08/00 11/08/00 CLINIC VENDOR TOTAL 11/08/00 11/08/00 SURPLUS PART VENDOR-~OT~-- 1 t / 08 t 00 t-1 ~'9-BYt)-O 11/08/00 1-1fOS-~l~O 49.3~ MISCELLANEOUS NON-1AXABLE 71-7100-9550 49.--3~ JRNt~CD ........... 1010 ....... 83.39 83.39 LIQUOR 71-7100-9510 JRNL--C'D .......................................... TO~ 2,363.28 WINE 71-7100-9520 2,~-2~URNL~CD ........ 1010 .... 44.69 MISCELLANEOUS NON-TAXABLE 4~.69--URNt-~-CO 3,302.19 LIQUOR -~ly2~I~--~RNL-CD-- 71-7100-9550 1010 ....... 71-7100-9510 1010- 1,364.26 LIQUOR 71-7100-9510 1,36~.Z6 289.97 WINE 2B9.-~? .... JRNL-CD .... 10578.85 284.00 EMPLOYMENT EXAM 284.00 JRNL-CD 284.00 i~D~5~---MA$'TfR-CYLINDER, ETC 116.53 JRNL-CD 11~-;5~ ........ 108.08 ICE I~.--0'8~-~RNL-CD ..... 115.38 ICE --1~-5-;-38 .... JRNL-CD JR'N'L-~ClY ............................ l~l-O 71-7100-9520 1010 ..... BUETOW MIKE 01-4140-3110 1010 22-4170-3820 - - 1010 71-7100-9550 1010 71-7100-9550 1010 ~'S ICE COMPANY VENDOR TOTAL 223.46 PAGE 1]. AP-C02-01 VENDOR INVOICE DUE HOLD NO. INVOICE NMBR DATE DATE STATUS PURCHASE JOURNAL CITY OF MOUND AMOUNT DESCRIPTION ACCOUNT NUMBER S4430 62263 SOS PRINTING S4461 S~31871 VENDOR TOTAL ll/DB/O0 11/08/00 ST; JOSEPH EQUIPMENT INC. ~EtCDO~ T01AL S46].0 139751 - 11108/0~'--1~108100 SUBURBAN TIRE COMPANY VENDOR TOTAL 74702 001025 11/08/00 11/08/00 ~- ~ T MAINTENANCE, INC. ~ENDDR~T~L 74703 001026 T-CHEK SYSTEm, S LLC 74770 178417 VENDOR TOTAL il/08/00 ii/08/O0 374.61 RECEIPTS 2-PART 01-4090-2200 S74.-~15~--JRN[-C~ ...................... lOlO 374.61 24?.56 MISCELLANEOUS E~UIPMENT 01-4280-3810 247.56 MISCELLANEOUS E~UIPMENT 73-7300-3810 247.56 MIS'C'E'L-L~E~!JS-~UIPMENT ......... 78-7800-3810 742.68 JRNL-CD 1010 322.74 322.74 TIRES (4) 73-7300-2310 JR~q---'~C~P~ ........................... l'OlO ...... 220.43 REPLACE AXELS AND ROLLERS 01-4280-2250 220.43 REPLACE AXELS AND ROLLERS 73-7300-2250 220.44 RE-PI_-~-C~---A~E~-~ND-ROLL~RS ............ 78-780~-225~ 661.30 JRNL-CD 101 25.00 i1-00 WEBSITE 01-4320-3100 25.00--~-%~ ........................................ ~9~ ..... 25.00 352.00 BEER KEGS 71-7].00-9~30 352.00 JRNL-CD lOlO 209337 ll/OB/O0 ll/OB/O0 i78868 11/08/00 il/08/00 THORPE DISTRIBUTING COMPAN VENDOR TOTAL T'4 80 B 13063-A ..... 13083 11/05/00 ll/0B/00 11/08/00 ll/0B/00 11/08/00 11/08/00 ~IME SAVER OFF SITE SECRE'~ -VENDOR--T~%AL 14831 354956 11/08/00 ll/0B/00 625.00 BEER 71-7100-9530 625.00 JRNL-CD 1010 i93.00 BEER KEGS 71-7100-9530 193.00 JRNL-CD 1010 1170.00 21~.-~---~-~O-O~-~OUNCIL ~ HRA MEETING 213.63 JRNL-CD 1~.~---'1~2-00-DOSCMEETI'NG 113.25 JRNL-CD 01-4020-G200 1010 01-4340-4200 1010 19~g63 10-23-00 PLANNING MEETING 01-4190-4200 - I94.63 JRNL-CD iOlO 32.42 MISCELLANEOUS SUPPLIES ~2.42- MISCELLANEOUS SUPPLIES 32.41 MISCELLANEOUS SUPPLIES 97.25 JRNL-CD 01-4280-2250 73-7300-2250 ' 78-7800-2250 10 PAGE 12 AP-C02-O1 VENDOR INVOICE DUE HOLD NO. INVOICE NMBR DATE DATE STATUS PURCHASE JOURNAL CITY OF MOUND PR A~OUNT DESCRIPTION ACCOUNT NUMGER TOLL GAS & WELDING SUPPLY VENDOR TOTAL T4951 069889 11/08/00 11/08/00 TRUE VALUE VENDOR TOTAL T 4-98~- 275966-0 .... 11/08/00 11/08/00 ......... 273949-0 : 11/08/00 11/08/00 276021-0 11/08/00 11/08/00 ........ 276324-0 i1/08/O0 i1/08/00 .... 27673-1 ...... 11/08/00 11/08/00 N-~C I TY OFFICE U5030 6863689 6865814 6868053 SUPPLY CO- ¥£I~DO1~-T1D'T-AL 11/08Y0-0--1-!/06 / 00 11108/00 llfO8/90~l/O&/O0 US FILTER VENDOR TOTAL ~5492 001130 11/05/00 11/08/00 ~EST METRO BUILDING MAINT. VENDOR TOTAL -Z~7~ 5494 -- 97.25 12.88 COMB/RIP BLADE ETC 01-4340-2200 12.88 JRNL-CD 1010 12.88 48.22 TONE~, BI~DE'R-5 ......................... 22-4170-21'00 ........... 48.22 JRNL-¢D 1010 3-2-1.~-7-'-~I~L~ANEOUS OFFICE SUPPLIES 01-~140-2100 321.17 JRNL-CD 1010 74.6~ B~E~-P~PE~ 'ETC ................. 0~-41A0-2100 ........ 74.66 JRNL-CD 1010 52.93----D~ ................. 01-4140-2100 .... 52.93 JRNL-CD 1010 6.42 CALENDAR~WONT~L~ ..................... 01-~0~-2100 ....... 6.42 JRNL-CD 1010 503.~0 ................ 576.~2 CLAMPS, ETC. 73-7300-2300 576.42 JR-N~C~ .......................... 1010 369.49 WRENCH, VALVES, ETC 73-7300-2300 3~.~---~RNL-CD- -- lOlO "- 1,501.11 HYDRANT, ETC. 73-7300-2300 1,501.11 JRNL-~D~ ...................................... 1-010 2~47.02 1,126.00 11-00 CLEANING 01-4320-4210 91.33 11-00 CLEANING 01-4280-&200 91.3~---~!~O0"~tE~NING ........ 73-7300-4200 .... 91.34 11-00 CLEANING 78-7800-4200 1,&O0.O0 JRNL-CD 1010 1400.00 7-~~Gf ~ETER SUPPLIES O1-AO&O-2200 7.49 POSTAGE METER SUPPLIES 01-4090-2200 7.~9 POSTAGE METER SUPPLIES 01-4140-2200 7;49 'POSTAGE METER SUPPLIES 01-4190-2200 7.49 POSTAGE METER SUPPLIES 01-4340-3210 2.50 POSTAGE METER SUPPLIES 01-4280-2200 2.Jg--POS~GE -METER SUPPLIES 71-7100-3210 3.74 POSTAGE METER SUPPLIES 73-7300-3210 3.7& POSTAGE METER SUPPLIES 78-7800-3210 1010 11 / 08 t 00 --1~l-/0-8-/t) 0 4-9 .--9~ JR~NL-CD ........ TERNATiONAL MAILING 5¥$~ VENDOR TOTAL ~9.93 PAGE i3 AP-C02-O1 VENDOR NO. INVOICE NP,~R INVOICE DUE HOLD DATE DATE STATUS TOTAL ALL VENDDRS PURCHASE JOURNAL CITY OF HOUND AMOUNT DESCRIPTION 106.219.3i ACCOUNT NUMBER ADVERTISEMENT FOR BII)S CITY OF MOUND BUILDING DEMOLITION AND MUNICIPAL PARKING LOT CONSTRUCTION Sealed proposals will be received by the City Clerk until 11:00 A.M. Wednesday, November 22, 2000 at the City Offices, at which time they will be publicly opened and read aloud, for the furnishing of all labor, equipment and materials to complete the demolition of old Coast to Coast building and construction of gravel municipal parking lot. The estimated quantities of major items are: Lump Sum Building Demolition, Basement Fill, Select Granular Borrow, 1400 C.Y., Class 5 Gravel - 100% Crushed Quarry Rock, 1250 TN. The bids will be considered by the City Council at their meeting on Tuesday, November 28, 2000. All proposals shall be addressed to: Fran Clark, City Clerk City of Mound 5341 Maywood Road Mound, Minnesota 55364 and shall be securely sealed and shall be endorsed on the outside with the statement "Municipal Parking Lot" and shall be on the Bid Form included in the specifications for the project. Copies of the plans and specifications and other proposed contract documents are on file with the City Clerk and at the office of McCombs Frank Roos Associates, Inc., 15050 23rd Avenue North, Plymouth, Minnesota 55447. Plans and specifications for use in preparing bids may be obtained at the offices of the Engineer upon payment of $20.00 per set (includes MN sales tax), which is NON- REFUNDABLE. Individual sheets of the plans and sections of the specifications may be purchased at the rate of four dollars ($4.00) per sheet (includes MN sales tax) of plans and twenty-five cents ($0.25) per page (includes MN sales tax) of specifications, which is NON-REFUNDABLE. Each bidder shall file with his bid a cashier's check, certified check, or bid bond in an amount of not less than five (5) percent of the total amount of the bid. No bid may be withdrawn within sixty (60) days after the bids are opened. The City reserves the right to reject any and all bids and waive any informalities or irregularities therein. City of Mound, Minnesota Pat Meisel, Mayor ATTEST: Fran Clark, City Clerk MEMORANDUM DATE: November 2, 2000 TO: JON SUTHERLAND FROM: John Cameron SUBJECT: City of Mound SURVEY REVIEW - 4707 Manchester Road MFRA File # 8901 The following are my review comments for subject project: 1. Need silt fence along both side lot lines. 2. The new sanitary sewer and water services need to be connected to the City mains in the same general area in the street and not separated as shown on the survey. A street excavation permit will be required and the proposed work must be approved by Greg Skinner of Public Works. 3. Both ends of the retaining wall need to be turned in slightly, so the run-off fi'om behind the wall will flow into the drainage easements and be directed towards the street and not at the neighbors property. I would also like to see the high point for the drainage break moved west farther, so it is closer to the southeast comer of the rear of the proposed house. Attached is a marked up copy of the survey with these suggestions. 4. It appears that my recommendations contained in Resolution #00-71 have been all met except for collection of the street unit charge in the amount of $1768.45. 15050 23nD AVENUE NORTH PLYMOUTH, MN 55447 JCAMERON@MFRA.COM (763)476-6010 FAX (763) 476-8532 .~,'~ 10.34 .,~.I I,?.~ .... 953.5., 23.12 [---'"~ ~ 951.9 I I 951.7 I '~ 6.17 M 954.~ ~ ~ 0 I I I " I %/ ~ 955.5~ // % I ' /II~ /' ~ I '-~- k~ :----,~:¢ .... ~ .... I DRAINAGE ~ U IILIfY , .~-: PER RESOLUTION ~ 00-71. ~= .-~-- ~ ~ 75.00 : ~%.~ 96z. o ~ x :x .', '" ': 962.~ ' .- 958.8 9B2.8 . . :' I - ~ ,, ~ j¢2~~ ....~40.00 ...... ~r~ ~ I I I u~ ~m For our Neighbors: Information About the Tonka Cleanup Project BARR Because you live near the former Tonka toy plant, we wanted to let you know about the cleanup project that is currently under way. Chances are you've heard about this project, which was approved by the Minnesota Pollution Control Agency and the Mound City Council. Our plans have also been written up in recent editions of The Laker and The Lakeshore Weekly News. Briefly, we're cleaning up groundwater from beneath the site by creating a wetland in the small channel leading to Harrison Bay. As groundwater flows through the wetland, chemicals in the groundwater will degrade naturally. The new wetland will protect the water quality of Lake Minnetonka and---once it's builtmwill provide open space and increased shoreline protection for the neighborhood. Work should be finished by the end of November. While we don't expect the construction to cause any major disruptions, we wanted to let you know what to expect in the next few weeks. What's that noise? During the first weeks, you may hear a hammering noise or feel slight vibrations as we install the structures that will shape the wetland. You may also hear sawing as some smaller trees are cleared. No large trees will be cut down. There will be very little truck traffic going to and from the site. However, there will be a crane, bulldozer, and backhoe working at the site, so there will be some construction noise during the day. What's that smell? During construction, soil at the site will be dug up. When this happens, you may smell swampy odors or a "rotten-egg" smell from decaying vegeta- tion. Because the weather has been cool and dry lately, these natural wetland odors may not be noticeable. Important: If you detect a "rotten-egg" smell in or around your house, it could be a natural-gas leak not related to the construction work. You should always contact your utility company and/or the Mound Fire Department immediately if you think what you smell is a natural-gas leak. Who can I talk to? If you're concemed about something related to work at the site, you can contact Joe Berns of Barr Engineering Company. Joe is overseeing con- struction and can answer your questions. His cell phone number is 612-306-3512. He will generally be at the site during daylight hours Monday through Friday until the project is finished. I1-G3-00 14:4~ From-KEHNEOY & GRkVEN +E1Z33?g310 T-34Z P.02/13 F-204 EASEMENT I~xo~jAGI~EMENT Agreement made this ~ day of ,2000, between Hasbro, Inc., a Rhode Island corporation, with a principal place of business at 1027 Newport Avenue, Pawtucket, Rhode Island 02862-1059 (hereinafter "Hasbro"), and the City of Mound, County of Hennepin, Stale of MinnesoTa, a municipal corporation, whose ad.ess is , Mound, M~nne.qota (hereinafter the "Ctty"). WHEREAS, Hasbro is the owner of certain land described on Exhibit A attached hereto and made a part hereof, (collectively hereina.fter the "'Land"), ~ portion of which is described in "Resolution ~30-65, A Resolution Approving Vacation of a Portion of'ibc Morton Lane Street R:gh~-of-Way, P&Z Case ~ 00-29 with Conditions," dated luly 12, 2000, as amended November g. 2000, (hereinaI'ter the "Order). all of wl~ich Land is shown on a plan (here~naI'u:r the "Plan"), entitled "Morton Avenue Plan," a copy of which is attachecl hereto as Exhibit B. WHEREAS, the Order requires that Hasbro grant to the City a shorehne easement over a portion of the Land; and WHEREAS, Hasbro has agreed to grant a shoreline easement to the City over a portion of the Land; NOW, THEREFORE, for valuable considerauon each to the other paid, the receipt and sufticlency of which are hereby acknowledged, Hasbro and the City hereby agree as follows: 1. Hasbro hereby grants to the City, without covenants, an exclusive easement to use so much of Ihe Land as is shown on the Plan as "Shoreline Easement Area" for the construction, operation, maintenance and repair of clocks, piers, floa~s, and appurtenances re~onably rela~ed thereto, within the Shoreline Easemen~ Area. The parties agree that the Shorehne Easement Area shall include the shoreline defined as the Ordinary High Water Level of Lake Minnemnka at the time of the curren~ configuration and shall ~ correc~d later Ibr the shoreline as it may be reconf~gured by a construcmd wetlan~ to be approved by the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources, in which event the puaxies agree ~o revise the Plan and to record wi~h the Hennepin County Recorder a revised copy of the Plan showing the consu'ucted wetland and the reco~igured Shoreline Easement Area. 2. Hasbro hereby grams to the City, without covenants, a non-exclusive easement to use and maintain so much o1' flee Land as is shown on the Plan as "Recreation l~aseraem Area" for passive recreational use such as a picnic area. a nature study re.rye. ~ observation area and 11-03-00 t4:46 From-KENNEDY & GRAVEN +6123379310 T-342 P.03/13 F-204 other similar uses which do not reqUtre constructing any improvements, excavating soil or mherwtse disTtlrbing The natural habitat. 3. If, in connection with the exercise of its rights hereunder, the City shall make an excavation or otherwise disturb the condition of the Shoreline Easement Area, the City shall promptly, and at its own cost and expense, restore the surface of the Shoreline Easemem Area as close as is reasonably practicable to its former condition. 4. The City hereby agrees to indemnify, defend, and hold Hasbro harmless from and against any u.nd all costs, losses, damages and habilities, including reasonable attorneys' fees, that Hasbro may suffer which are related to, or which in any wa), arise nut of This Agreement. 5. The City acknowledges and agrees That Hasbro is not tooling, and has not at any time made, directly or indirectly, any warranlies or representations of any kind or character, express or implied, with respect to The suitability or fimess of either the Shoreline Easement Area or the Recreation Easement Area for use by the City. 6. Notwithstanding anyTlang herein contained to the contrary, the City shall not be entitled to construct improvements, excavate or d~slurb the soil, sediment or biota or otherwise take any actions which interfere with the construction, operation or maintenance of the wetland on or within the Land pursuant to Paragr, sph 1 above until the Minnesota Pollution Control Agency ("MPCA") has removed The Lancl and my other land in The vicinity of Morton Avenue upon which Hasbro has conducted response actions from its Permanent List of Priorities or has otherwise released Hasbro from any further response action obligations, and such dehsfing or release is in writing and is fmal, unconditional and non-appealable. 7. Notwithstanding anything herein contained to The contrary, the C~Ty shall not be entitled to exercise ~ny of its rights with respect TO The Recreatmn Easement Area pursaam to Paragraph 2 above until 1 g0 clays after the date Hasbro has completed the construcuon of the wetland ancl such completion has been dc~.'umenTed in a repor~ submit[ed to the MPCA. -2- 11-D~-DD 1~:~ ~rem-KENNEDY & GP~¥EN +GI2]~Tg]lD T-~2 P.D~/I~ ~-2D~ WI'iNE$$ this ^greemeat was executed as of The dare th's~ above written. H,,~I~RO? INC. Its CITY O1~ MOUND By: Irs STATE OF .'l ) ss. COUNTY OF ) On rhi~ day o1' ,2000, before me, u~e ,,-der.~ignecl Notary Public, personally appeared , and__ tho. ~d , respectively, ol' Hasbro. Inc.. a ]~'~ode Island corporaIion? who executed r.h~/orcgoing in~trumcm on bch'alf of such corporation. NOlar~ My commission expires: -3- 11-03-00 14:4E From-KENNEDY & GRAVEN +$1Z33?g310 T-34Z P.OB/13 F-Z04 AGREEMENT gy,,om?]lgr~21TO TRANSFER LAND Agreement made fi'ds day of ,2000, between Hasbro, Inc., a Rhode Island corporation, with a principal place of business at 1027 Newport Avenue, Pawtucket, Rhode Island 02862-1059 0aereinafmr the "Seller"), and the City of Mound, County of Hermepin, State of Minnesota, a municipal corporation, whose address is _ , Mound, Minnesota (hereinafter the "Purchaser"). WHEREAS, the Seller is the owner of certain land described on Exhibit A attached hereto and made a pan hereof (the "Premises"), a portion of which is described in "Resolution · 30-65, A Resolution Approving Vacation of a Portion of the Morton Lane Street Right-of-Way, P&Z Case ~t)0-29 with Condiuons," dated luly 12, 2000, as amended November 8, 2000, (hereinafter the "Order"). WHEREAS, the Seller is required to perform certain remedial work on the Premises pursuant to an order of the Minnesota Pollution Control Agency (hereinafter the "MPCA"); WHEREAS, the Order requires that the Seller transfer the Premises to the Purchaser after the compleuon uf smd remediation worK; and WHEREAS, the Seller has agreed to transfer the Premises to the Purchaser; NOW, THEREFORE, for valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, the SeLler and the Purchaser hereby agree as follows: 1. Agreemem to Sell and Purchase. E~c. a) The Seller agrees to transfer to the Purch~er, and the Purchaser agrees to accept from the Seller, subject to the terms and conditions of this Agreement, the Premises. 2. Purchase Price. a) The purchase price for the Premises shall be ONE DO] TAR and shall be paid at the Closing, ~s hereinat%er defined. 3. The Closine. The consummation of the transfer as provided for in this Agreement and the dehvery of the deed (hereto referred to as the "Closing") shall mice place at 10:00 a.m. on the sixtieth (60~) day after the date that the MPCA releases the Seller from any further obligations that the Seller has to the MPCA to conduct remediation on the Premises, to perform any remediation on any other portion of the way formerly known as Morton Avenue, and to pertbrm any remedianon on Lots 5, 6 and 7 of Block 2, Rearnmgement of Block 10 Abraham Lincoln Addition to Lakeside Park; provided, however, tha~ if the sixtieth day xs a Doc. 16/325779.01 14:46 From-KENNEDY & GRAVEN +612;378310 T-342 P.06/13 F-ZQ4 Saturday, Sunday or legal holiday, then the Closing shall rake place on the first business day thereat~r (the "Closing Date"). Provisions with Respect to the Closine. a) At the Closing, the Seller shall dehver to the Purchaser a Qaitclaim Deed running to the Purchaser such Utle as the Seller may have, subject to all matters of record and in proper form for record. Adiustmem. Speci'd Assessmenm Etc. a) The following shall be adjusted between the Seller and the Purchaser and shall be proramd on a per diem basis as of midnight of the day preceding the Closing Date: 1) Real estate, ad valorem and personal property t~es, sewer rents and charges and other state, county and municipal taxes, charges and assessments affecting the Premises or any portion theteoL on the Basis ot the fiscal year for which the same axe levied, imposed or assessed. If the rate of any such taxes, rents, charges or assessments shall not be fixed prior to the Closing Date, the adjustment thereof at the Closing shall be upon the basis of the rate for the preceding fiscal year applied to the latest assessed valuation (or other basis of valuation) and the same shall be further ad. iusmd when the rate for the current fiscal year is fixed. b) If, on Re Closing Date, the Premises or any pan thereof shall be, or shall have been affected by or shall be subject to, any' special assessment, then, whether or not any such assessment is then a lien on the Premises or any portion thereof, or is payable prior to, on or after the Closing Date, 'all unpaid installments of any such assessment (including those which are to become due and payable after thc Closing), shall be deemed to be dae and payable prior to the Closing and shall not be appomoned between the Seller and the Purchaser but shall be paid and disch~ged by the Seller at the Closing. Failure to Per~brm. a) If the Seller is unable m give title, make conveyance or to deliver possession of the Premises, or to satisfy all of the terms and conditions precedent as set forth in this Agreement, all as herein stipula~d, or if on the Closing Date the Premises do not conform with the provisions hereof, the Pm'chaser may elect by wriuen notice given to the Seller at or before the Closing Dam either ti) to r, tka such title to the Premises as the Seller can deliver in which case all obligations olt' the parties hereto sh',dl be deemed to have been satisfied, or (ii) to sue the Seller/hr specific performance. Doc. 16/325779.01 -2- Prom-KENNEDY & GRAYEH +~12337g31~ T-342 P.07/13 F-N~ .Di.~cl~imer of Warranties ~q Represenuuions. a) The Sener is not m~,_'ng, and has not at any time marie, direcfly or indirectly, any wan'antics or represenuations of any kind or character, express or implied, with respect to the Premises, including, but not limited to, any warranties or representations as to habffabiliw, merchantability, fimess for a particular purpose, title, zoning, ~ax consequences, physical or environmental condition, operating history or projections, valuation, government approvals, government~ regulations, the accuracy or completeness of any other information provided by or on behalf of the Seller to the Purchaser of any other matter or thing regarding the Premises, except as otherwise expressly provided herein. At the Closing, the Seller shall ~ell and convey to the Purchaser and the Purchaser shall accep~ the Premises "As Is, Where Is, With All Faults." Purchaser has not relied upon and will not rely upon, either directly or indirectly, any representation or warranty made by or on behalf of the Seller or any representative of the Seller with respect to the l~emises. Should any clean-up, remediation or removal of H~zardous Substances, as defined in Paragraph g below, or other environmental conditions on the Premises be requi~ed, it is hereby understood and agreed that such clean- up, removal or remediation shall be the responsibility of the Purchaser and the occurrence of ~y such clean-up, removal or rededication sh',fll be at no cost or expense to the Seller, except that any clean-up, removal or remediaton which results from the presence of Hazardous Substances at the Premises which have migrau~d or emanated from the former Tonka manufacturing facility known as the Mare Plant located at 5300 Shoreline Drive, Mound, Minnesota and for which Seller is liable under any Environmenral Law shall remain the Seller's sole responsibilffy. The terms, condffioas and obligations of this Section shall expressly survive the Closing and not merge therein. Purchaser's Ri~h[ to Inspect Premises. a) The Purchaser shall have the opportunity to inspect ~he Premises within sixty (60) days prior to the Closing in order to determine whether there are any Hazardous Substances thereon and in ore,er u) determine whether the Premises are in compliance with Environmental Laws. b) The Seller will allow the Purcb~er and its agents access m the Premises to perform any and all investigaUons and inspections desired by the Purchaser (provided that any entry will be subject to ~e provisions of Pazagraph g(e)); c) I~' the Purchaser objects to the condition of the Premises as a result of such investigations anti inspections, the Purchaser may ~ennina~e this Agreement by wriuen notice m the Seller such notice m be delivered prior to the Closing, waereupon all obligations of the parties hereto shall cease and th~s Agreement shall be void and without recourse to the p~des thereto. T~me is of the essence hereof. Doc. 16/325779.0] -3- 11-D3-00 14:47 From-KENNEDY & GRAVEN +$123379310 T-34Z P.08/13 F-Z04 d) e) If the Purchaser does not terminate this ,agreement trader the preceding subparagraph (c), the Purchaser will be deemed to have waived its objectmns, and this Agreement will continue in full force and effect. The Purchaser and the Purchaser's representatives, agems and designees will have the right, at reasonable times and upon reasonable notice to the Seller, (which notice must describe the scope of the planned testing and investigations) to enter upon the Premises, in con__n_ection with the Purchaser's proposed purchase of the Premises. However, the Purchaser agrees that: i) all tests and mvestigation~ will be ~,t the Purchaser':~ ~ole cost and expense; ii) the Seller will have the right of approval (which will not be unre~onably withheld or delayed) of any proposed physical testing or clrilLing; iii) the Patchier will advise the Seller in advance of the dates of all tests and investigations and will schedule all tests and investigations during normal business hours whenever feasible unless otherwise requested by the Seller;, iv) the Seller will have the right to have a representative of the Seller accompany the Purchaser and the Purchaser's representatives, agents or designees while they are on the Premises; v) any entry by the Purchaser, ns representative, agents or designees will not interfere with the Seller's use of the Premises; the Purchaser will indemnify, defend and hold the Seller harmless [or, from and ag',dnst ~my and all claims, d~u-nages, costs, liabilities and losses (including mechanics' liens) arising out of any entr~ by the Purchaser or its agents, designees or represenuttives; and vii) ute Purchaser will restore the Premises at the Purchaser's sole cost and expense if this transactiun does not close. Until restoration is complete, the Purchaser shall take all steps necessary to ensure that any conditions on the Premises created by the Purchaser's testing will not interfere with the normal operation of the Premises or create any dangerous, unhe',thhy, unsightly or noisy conditions on the Premises. In addition, prior to any entry revolving physical testing, drilling or other physical disturbance, the Purchaser will obtain, maintain and provide the Seller, or shall cause any consultant, contractor or other person entering the Premises to obtain, maintain and provide the Seller, with proof of comprehensive general liability insurance in the amount of at least $1,000,000.00 combined, single limit coverage, naming the Seller as an additional insured and wilh coverages reasonably satisfactory to the Seller. The foregoing indemmty provision will survive the closing or any earlier termination of this Agreement. Duc. I6/325779.01 -4- 11-0~-00 14:4B From-KENNEDY & GRAVEN +E1299?E910 T-94Z P.09/19 F-204 10. g) For the purposes of this Agreement, the following terms have the following meanings: i) "Environmental Law" means any law, statute, orciinance or regulation pertaining to heal,h, industrial hygiene or the environment including, without hmi~afion CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) RCRA (Resources Conserv~uon and Recovery Ac~ of 19/6), and the Minnesota Environmenu~l Response and L~ability Act, Chapter 11515 of the Minnesota Sr~mtes. ii) "Hazardous Substances" means any substance, mamrial or w~,sre which is or becomes designated, classified or regulated as being "toxic" or "huzardous" or a "pollutant" or which is or becomes simil~ly designated, classified or regulated, under any Environmental Law, including asbestos. petroleum and petroleum products. Corr~liance with Ihe Oi'den Upon the completion of the transaction herein described, the Seller shall be deemed to be in compliance with all of the provisions of the Order. except th.t the Purchaser's exercise of its fights under Paragraph 7(c) above ;o terminaut mis Agreement shall not be considered a violation of the Order or otherwise negate the effectiveness or v-didity of the Order. Miscellaneou!. a) Entire Agreement: Modifications. This Agreement embodies and constitutes the entire understanding between the parties with respect to the trans~uons comemplared herein, and all prior or contemporaneous agreement, understandings, represemar/ons and stammems, oral or wrater, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signet by the party against which the ent'orcemenr of such waive, modificauon, amendment, discharge or termination is sought, and then only to th; extent set forth in such instrumem. b) Applicable Law. This Agreement shall be governed by, ~d construed in ~ccordance with, the law of the Suate of Minnesota. c) Captions. The captions of this Agreement are inserted for convenience or reference only and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions hereof. d) 15inding Effect. This Agreement shall be binding upon and shall inure to the benefit of the pames hereto and their respecnve successors and assigns. Doc. 16/325'779.01 .5- 11-03-00 14:48 From-KENNEDY & GRAVEN +$123379310 T-342 P.10/13 F-Z04 e) No Partnership. This Agreement shall not be construed to create or be a partnership or joim venture between uhe parties and the Seller shall not be construed to be the agent of the Purchaser. Drafts. This Agreement shall not be binding or effective until properly executed and dehvered by both the Purchaser and the Seller. The delivery by ~he Purchaser to the Seller of any executed counterpart of this Agreement shall constitute an offer which may be accepted by the delivery to the Purchaser of a duly executed countarpart of this Agreement and the sausfaction of all conditions under which such offer is made, but such offer may be revoked by the Purchaser by written notice given at any time prior to ~uch acceptance and satisfaction. Number and Gender. As used m this Agreement, the masculine shall include the feminine and neuter, the singul~ sh-all include the plural and the plural shall include the singular, as the context may l~T WITNESS WHEREOF, the parties her~lo have execumd this Agreement under seal on the date firs~ above wr/uen. SELLER: HASBRO, INC. By: hs .~d: PURCHASER: CITY OF MOUND By: l~s Doc. 16/325779.01 -6- 11-03-oo 14:49 From-KENNEDY & GRAVEN +61Z;3?O~1D T-34Z P.11/13 F-Z04 EXHIBIT A Legal Description Lots 12, 13, 14 and 15, and The Southwesterly Half of Lot 16, All tn Blockg; That pan of Lots 22 and 23, Block 1 l, lying Northeasterly of a line drawn frotn the most Westerly corner of Block 9 to the point of in~ersecuon o£ the Southeasterly line of Block 11 with a hne drawn parallel to and 40 feet Northerly, measured at right angles, from the Southerly line 0f Block 11 and its extensions; That pan of Bryant Avenue, vacated, lying between the Southwesterly extension of the $outheasmfly line of Block 9 and a hne drawn from the most Westerly comer of said Block 9 to ~he poiaI of intersection of me Southeasterly line of Block 11 with a line drawn parallel to and 40 feet Northerly, measurecl at right angles, from the Southerly line of Block I 1 and its extensions; All in "Abraham Lincoln Acldition to Lakeside Park, Mouncl, Minnetonka", Hennepin County, Minnesota. That part of vacated Morton Avenue, Abraham Lincoln Addition to ! -akeside Park lying south of the southeasterly exten~ton of the northerly line of the Southwesterly Half of Lot 16, Block 9, of said Abraham Lincoln Addition to Lakeside Park and lying northerly of a line drawn from a point on the e~terly line of Lot 23, Block 11, of said Abraham Lincoln Addition to L'~eside Park d~tant 40.00 feet southwesterly of the northeast comer of said Lot 23 to the southwes~ comer of Lot 7, Block 2, Rearrangetnen~ of Block 10 Abraham Lincoln Addition to Lakeside Park. EXCEPT: Tha~ part of vacated Morton Avenue, Abraham Lincoln Addition to Lake:dale Park lying Southeasterly of the centerline of vacated Morion Avenue, and south of the southea:~terly extension of the northerly line of the Southwesterly Hall' of Lot 16, Block 9, of said Abraham Lincoln Addmon to Lalteside Park, and lying Normeastefly of a line drawn Southeasterly at a righ~ angle to the cemer line of vaca~e~l Morion Avenue passing through the Southwest comer of Lot 5, Block 2, Rearrangetnent of Block 10 Abraham Lincoln Addition m kakesicle Park which accrued to Lot 5, Block 2, Rcan'angcment of Block 10 Abraham Lincoln Addition to L'~eside Park. The northerly line of the Southwesterly Half of said Lot 16 has been marked by judicial landtnarks pursuant to Torrens Case No. 15803, as shown in tnetnori',fl plat Document Number 831 ~4. Doc. 16/325779.01 -7- 11-D3-00 14:4g From-KENNEDY & GRAVEN +61233Tg310 T-342 P.1~/13 F-Z04 Doc. 16/3~.5779.0! 11-03-00 14:EO From-KENNEDY & GRAVEN +$12337931g T-34Z P.13/t3 F-ZD4 Page: 1 [DocX97UTht~ document was Ir~alr, d to address robert, at convczs~oa ~s~. While dom~ so, it was no~ ~at the ou~e n~m~c~g coat~ m ~a ~oc~t co~m~ca lo--tang w~ may lc~ m dd~c~es la ~nipulaung mc scheme or d~mg u~at co~sun ~ssioas You can me DocXtool$ Numbing opaoas to ~sess outline num~tng, conv~t to text, ~ rc-aum~te ~pruprt~y. Page: 1 INHalAtIOn: ~= note ~at ~lS d~at was ~eCO~I~c~ to c~; ~=Bt conv~sion issues. Wa~I= c~e has ec~n ~a to ensue ~ ~l for~g umqt~c ~o ~is d~ent w~ prcs~ea, you should, nun:~css, r~ew ~l document xb~ts -- p~c~ly those for a~b=e~ p~apaphs, T~l~ of Con~nt~, ~d uny ~- d~ned styl~ y~u ~ have ~eat~a in ~Ls d~nt. Con~t ~e Help ~sk ~ould you have any ~ qucsUoas. · Upon compl~uon of yo~ r~vi~, ple~a ~ xni~ conm~at. ~a~g you.' RESOLUTION #00- AN AMENDED RESOLUTION TO CORRECT THE PREVIOUSLY APPROVED RESOLUTION VACATING A PORTION OF MORTON LANE STREET RIGHT-OF-WAY P&Z CASE//00-29 WHEREAS, the applicant, Hasbro Corp., has submitted an application to a vacate a portion of Morton Lane for purposes of constructing a bioremediation pond; and, WHEREAS, Morton Lane has not served as public roadway because it was historically dredged as a channel from Lynwood Avenue to Harrison's Bay; and, WHEREAS, the properties along the channel have used it for dock purposes although that portion proposed for vacation is not used by abutting properties for lake access; and, WHEREAS, the vacation of that portion of Morton Lane will not adversely affect the two abutting properties and the owners of these parcels have given consent to vacate; and, WHEREAS, the Planning Commission held a public hearing to review the request and recommended Council approval of the vacation as requested by the applicant. WHEREAS, the other adjacent property owner to the channel also petitioned the City Council to vacate Morton Lane; and, WHEREAS, one hundred percent of the landowners adjacent to the proposed vacation area are petitioning the City Council to vacate; and, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota approves the vacation that portion of Morton Lane described as follows and with the following condition: That part of Morton Avenue, Abraham Lincoln Addition to Lakeside Park lying south of the southeasterly extension of the northerly line of the Southwesterly Half of Lot 16, Block 9, of said Abraham Lincoln Addition to Lakeside Park and lying northerly of a line drawn fi.om a point on the easterly line of Lot 23, Block 11, of said Abraham Lincoln Addition to Lakeside Park distant 40.00 feet southwesterly of the northeast comer of said Lot 23 to the southwest comer of Lot 7, Block 2, Rearrangement of Block 10 Abraham Lincoln Addition to Lakeside Park. The northerly line of the Southwesterly Half of said Lot 16 has been marked by judicial landmarks pursuant to Torrens Case No. 15803, as shown in memorial plat Document Number 831894. 1. Acknowledge that all preconditions to recording of the resolution have taken place. The foregoing resolution was moved by Councilmember by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: and seconded Mayor Attest: City Clerk June 27, 2000 Resolution Igg)-65 RESOLUTION g00-65 A RESOLUTION APPROVING VACATION OF A PORTION OF ~ MORTON LANE STREET RIGHT-OF-WAY P&Z CASE/t00-29, WITH CONDITIONS Wi~REAS, the applicant, Hasbro Corp., has submitted an application to a vacate a portion of Morton Lane for purposes of constructing a bioremediation pond; and, WHEREAS, Morton Lane has not served as public roadway because it was historically dredged as a channel from Lynwood Avenue to Harrisons Bay; and, WltEREAS, the properties along the channel have used it for dock purposes although that portion proposed for vacation is not used by abutting properties for lake access; and, WHEREAS, the vacation of that portion of Morton Lane will not adversely affect the two abutting properties and the owners of these parcels have given consent to vacate; and, WHE~S, the Planning Commission held a public heating to review the request and recommended Council approval of the vacation as requested by the applicant. NOW TmgREI~RE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota approves the vacation that portion of Morton Lane described as follows and with the following conditions: That part of Morton Lane adjacent to Lots 5, 6, and 7 of Block 2, Rearrangement of Block 10 Abraham Lincoln Addition to Lakeside Park, and Lots 12, 13, 14, 15 and the westerly 1/2 of 16, Block 9 of Abraham Lincoln Addition to Lakeside Park. 1. All existing utility easements be retained within the vacated portion. The applicant enters into an agreement with the City providing for eventual conveyance to the City of Lots 12, 13, 13, 15 and the westerly 1/2 of Lot 16, Block 9 of Abraham Lincoln Addition to Lakeside Park together with the portion of Morton Lane hereby vacated and any vacated portion of Morton Lane purchased by Hasbro from others. The agreement will also contain an initial grant to the City of a shoreline easement granting the exclusive right to the City to locate docks along the shoreline of the referenced lots and vacat~ street. Such shoreline easement will include the shoreline defined as the Ordinary High Water Level (OHW) of Lake Minnetonka at the time for the current configuration and as corrected later for the shoreline defined by the June 27, 2000 Resolution It00-65 conslxucted wetland if approved by the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources. The conveyance is to be made no later than the time applicant if informed by the MPCA that there is no further need to continue treatment of the impacted ground water of the north plume. Such conveyance will be fee simple and be public wetland and open space and dockage purposes only. Applicant shall reimburse the City for its costs and expenses incurred in connection with the preparation, review and consideration of the application for vacation. The foregoing resolution was moved by Councilmember Brown and seconded by Councilmember Ahrens. The following Councilmembers voted in the affirmative: Ahrens, Brown and Hanus. The following Councilmembers voted in the negative: Weycker. Mayor Meisel was absent and excused. Attest: City Clerk SS/MARK HANUS Acting Mayor 2 ORDINANCE NO. -2000 AN ORDINANCE EXEMPTING CERTAIN SIGNS FROM THE REQUIREMENTS OF SECTION 365 OF THE MOUND CODE The City of Mound does ordain: Section 365 of the Mound Code of Ordinances is amended in the following respects: I. Section 365:05, Subd. 4 is amended by adding thereto the following new paragraph: "(g) Off-Street Informational Signs." II. Section 365:10, Subd. 2 is amended by adding the following new paragraph (w) and relettering the successive paragraphs: "(w) Off-Street Informational Sign - A sign, not exceeding 4 square feet per sign face, located on private property within or adjacent to off- street parking areas that informs vehicular traffic of parking and access restrictions within the off-street parking area." Adopted by the City Council of the City of Mound, Minnesota this __ 2000. day of Pat Meisel, Mayor ATTEST: Fran Clark, City Clerk JBD-187124vl MU220-5 MOUND CITY COUNCIL MINU'IF_~- OCTOBER I0, 2000 1.7 DISCUSSION/ACTION ON STAFF RECOMMENDATION FOR ORDINANCE REVISION EXEMPTING CERTAIN SIGNS FROM THE REO~ OF SECTION ~}56 OF THE MOUND CODE. MOTION, by Hanus, seconded by Brown, to send this issue to the Pl~anning Commi~ion for their recommendation. The vote was unnnlmously in favor. Motion carried. 5-0. 4 MEMORANDUM Hoisington Koegler Group Inc. To: Kandis Hanson, City Manager From: Loren Gordon, City Planner Date: October 6, 2000 Subject: Sign ordinance amendment Recent events have prompted a review of the City's Sign Code (Section 365) to address directional and informational signage that is customarily found in off-street parking areas. Examples of this are directional arrows for drive-thru's, "No parking" signs, handicapped signs, and special parking privilege designators among others. The code is generally silent on this type of signage although it.might be construed that oa~ applicant apply for a permit. The suggested ordinance modification corrects this deficiency by establishing an "Off-street Informational Sign." Under the provisions, this sign would be limited to 3 square feet in size, would not require permit, and would not have a limit on their quantity. One item the Council should consider prior to adoption is refen'al to the Planning Commission. The sign code is not specifically part of the Zoning Regulations so it doesn't require a public hearing and is on the outside edge of the Planning Commission's review authority. There is not a rush to adopt this language, so it could be a discussion item for the Commission if the Council considers it appropriate. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 Il Nov, 3. 2000 9'03AM MCCOMBS FRANK ROOS ~ngineering No, 4949 _---P, · [~lanr..9 ,, Sgrvuymg MEMORANDUM DATE: TO: FROM: SUBJECT: November 2, 2000 Kandis Hanson, Mound City Manager Daniel Parks, lVlFKA Mound SWMP - Wetland Buffer Lan~agc As discussed previously, the Minnehaha Creek Watershed District (MCWD is requiring wetland buffers as part of the City's Surface Water Management Plan (SWMP). This memorandum has been prepared to assist the Council in selecting language for thc proposed wetland buffering requirements. To assist you and the Council, I have included background information from the MCWD's Plan, language in earlier drafts of the City's SWMP, and suggested language that should meet the requirements of the MCWD and the needs of the City. MCWD WATER RESOURCES MANAGEMENT PL.~I Wetland Buffers are presented within the MCWD Plan as follows: Goals and Policies. Goal I 1 - Wetlands, Action 9 Require native, unmaintained vegetated buffer zones around wetlands in new development sites Regulatory Controls- Wetland Regulation Native unmaintained vegetative buffers must be maintained between development projects and existing wetlands, or replacement wetlands. The required buffer widths are as follows: 15050 23r# Avenue North · Plymoutlt Minnesota . 55447 phone 763/476-6010 * fax 763/476-8532 e.mail: mfra@mfra, com Size of Wetland Width of Buffer Zone 0- 1 acre 16.5 fca . 1 - 2.5 acres 20 feet 2.5 - 5 acres 25 feet > 5 acres 35 feet Rule D - Wetland Protection 2 (d). The project must provide for a buffer zone of the following size: Same buffer table as above. · Buffer zones are required around wetlands, and pubhc water wetlands. · Buffer zones must also be created around all replacement wetlands. · Activities including, but not limited to mowing, yard waste disposal and fertilizer application shall not occur within the buffer zone. CITY OF MOUND SURFACE WATER MANAGEMENT PLAN Original Draft (October 1999) The City will require natural, unmaintained wetland buffers around lakes, wetlands and waterways in development proposals. In addition, the City will encourage the placement of 20-foot natural buffers around all City lakes, wetlands, and waterbodies. Buffer widths will be based on the size of the abutting wetland as shown on Table 6. TABLE 6 - WETLAND BUFFER WIDTHS Adjacent Wetland Size (Ac) Buffer Width fit) 0-1.0 16.5 1-2.5 20 2.5-5.0 25 >5.0 35 (Same buffer widths as MCWD Plan) Planning Commission Draft (March 2000) The City will require natural, unm~~ wetland buffers around lakes, wetlands and waterways in major development proposals requiring infrastructure improvements. The buffers shall be a minimum of 20 feet wide and cover 75% of the lot fixmtage adjacent to the wetland or waterbody. The buffer shall be a native, unmaintained vegetative strip planted with legumes or other perennial grasses. In addition, the City will encourage the placement of 20-foot natural buffers around all City lakes, wetlands, and waterbodies. Nov, 3, 2000 9'04AM MCCOMBS FRANK ROOS No, 4949 P, 4/4 Current Draft (April 2000) The current ch'aR has references to wetland buffers removed. Suggested Buffer Language The City will require natural, ur~maintain~cl wetland buffers arour/d exist~g wetlands or r~placc~'n~-lt wetIands in major dcvelopm;nt proposals. The buffer shall be a native, unmaintained vegetative strip planted with legumes or oth~ p~r~nnial plant materials. Buffer widths will be based on the size of the abutting wetland as shown on Table 6 below. In addition, the City will encourage the pla¢omcnt of 20-foot natural buffers around all Cily lakes, wetlands, and waterbodies. TABLE 6 - WETLAND BUFFER WIDTHS Adiaeent Wetland Size (Ac) Buffgr Width 0-1.0 16.5 1-2.5 20 2.5-5.0 25 >5.0 35 (Same buff~ widths as MCWD Plan) I trust this information has been helpful in addressing this issue. If you have any questions or need additional information, please call me at 763476-6010. LAKE MINNETONKA CONSERVATION DISTRICT 18338 Minnetonka Blvd. Deephaven, MN 55391 745-0789 EXECUTIVE DIRECTOR NEWSLETTER Gregory S. Nybeck October 27, 2000 Update on Special Deputy Litigation: In previous Newsletters, we have informed you that there have been a number of challenges to the authority of Hennepin County Sheriff's Water Patrol Special Deputies on Lake Minnetonka. Just to remind you, the District has been successful on all of these challenges with the exception of one, where the District Court ruled in favor of the defendant. The Distdct appealed the decision of the Distdct Court to the Minnesota Appellate Court in the fall of 1999, which resulted in the Appellate Court upholding the decision of the District Court. The District petitioned the Minnesota Supreme Court eadier this year to further review the case. The Minnesota Supreme Court agreed to the petition by the Bistrict and oral arguments were heard on 5/30/00. Recently, the Minnesota Supreme Court reversed the ruling of the lower courts and upheld the authority of Special Deputies to make arrest for boating infractions on Lake Minnetonka. Further details of the Minnesota Supreme Court ruling are available at the District office. Increased Water Patrol Presence for 2001 Boating Season: Previous communications have been forwarded to LMCD Member Cities regardin§ a proposal to increase Hennepin County Sheriffs Water Patrol presence on Lake Minnetonka, for the 2001 boating season, by two full-time Deputies for five months. A two-year commitment, at $100,000 per year, has been seeked for the proposal, with costs to be shared by Hennepin County (50%), LMCD Member Cities (30%), and the LMCD "Save the Lake" Fund (20%). To date, District staff has not received feedback from a number of LMCD Member Cities on whether they voluntarily would like to participate in this proposal for the 2001 boating season. Feel free to contact the District office if you have questions or if you would like to further discuss this proposal. Exotics Management: The 2000 EWM harvesting season commenced on 6/12/00 and continued through 9/1/00. During the season, 895.75 acres of milfoil and other aquatic plants were harvested, which included 197.00 acres of second cuts in a number of bays. During the 2000 season, there were 358.25 harvester loads, which generated 202.75 truck loads. Consistent with past years, harvesting priorities dudng the season were based upon impediment to public boat navigation on the open water, with higher priority given to areas of the lake that were matted. In the fall of 1999, the District established an EWM Harvesting Program Improvement Task Force to evaluate the program to investigate improvements for the 2000 season. The first recommendation of this Task Force was the purchase of a new aquatic plant harvester. This harvester, which was delivered to Lake Minnetonka on 7/14/00, greatly improved the efficiency and effectiveness of the program. Other recommendations of this Task Force, which were implemented during the 2000 season, include: 1) launching the harvesters in the water earlier, 2) operating five harvesters rather than four, 3) operating these harvesters for a greater number of hours during what has been typically been the peak season, and 4) operating a skeleton harvesting crew from mid August through at least Labor Day. The Distdct plans on reassembling this Task Force this fall to further review the 2000 season and to make recommendations on how to improve the program for the 2001 season. Feel free to contact the District office if you would like a copy of the 2000 EWM Final Harvesting Report. The District launched a zebra mussel billboard campaign this past May at four Lake Minnetonka locations. Additionally, Distdct staff worked with EWM/Exotics Task Force Chair Herb Suerth on the distribution of an educational poster and informational brochures at commercial facilities around Lake Minnetonka. The threat of EXECUTIVE DIRECTOR NEWSLETTER, 10127100, PAGE 2 zebra mussels is becoming more evident with the recent infestation of Lake Zumbro near Rochester. Feel free to contact the District office if you have suggestions or if we can be of assistance in this matter. 2000 Lake Minnetonka Shoreline Count: LMCD staff has completed both the fieldwork and preparation of the Report. This Lake Minnetonka Management Plan project, which is to be completed every two years on even years, was conducted in 1998 and 1999. LMCD staff conducted this project in 1999 to validate the results of the 1998 Lake Minnetonka Shoreline Count. The LMCD Board of D;rectors reviewed and accepted the draft Report of the 2000 Lake Minnetonka Shoreline Count at its 10/25/00 Regular meeting. Enclosed is a copy of the accepted Report for your review. 2000 Boat Density & User Attitude Survey's: Consistent with the Management Plan for Lake Minnetonka, Boat Density and User Attitude Survey's have been conducted by Schoell & Madson this past summer. The Boat Density Survey is required in the Management Plan every two years, with the User Attitude Survey required every four years in the Management Plan. A copy of the final Report will be forwarded to the LMCD Member Cities in the next couple of months. 2001 Board Officers & Board Appointments: Board Officers and other appointments for 2001 are planned in the near future. At its Regular meeting in November, the Board plans on appointing a nominating committee for 2001 Board Officers. Additionally, District staff will be forwarding reminder notices to those LMCD Member Cities whose Board member term expires at the second meeting in January of 2001. Board member terms, as outlined in our state enabling legislation, are for three years. 2001 Board Officers and other appointments will take affect at the 2/14/01 Regular Meeting. Feel free to contact the Distdct office if you have questions or if you would like to further discuss this matter. On-.cloin.q Licenses/Permits: District staff has sent out renewal deicing installation applications for the 2000-2001 season on Lake Minnetonka and is currently processing them. Staff has also sent out all renewal without change applications, for the 2001 boating season, for licensed multiple dock and DMA facilities. Currently, staff is in the process of preparing renewal applications for charter boats and related liquor licenses, for the 2001 boating season. Further details of these on-going licenses/permits are available at the Distdct office. · Web Pa(~e: The LMCD's new Web address is: http://www.lmcd.org. 000 STORAGE 2000 Lake Minnetonka Shoreline Storage Count INTRODUCTION The Management Plan for Lake Minnetonka, adopted in December of 1991, has established Lake Use Objectives for Lake Minnetonka. Beginning in 1992, and every other year thereafter, one of these objectives is to measure watercraft density and the distribution of beached and rafting watercraft on Lake Minnetonka. In compliance with this objective, Lake Minnetonka Conservation District (LMCD) staff has conducted a Shoreline Storage Count for watercraft stored on Lake Minnetonka in 2000. Three primary objectives were established for the 2000 Shoreline Storage Count. They include: 1. Establish the total number of watercraft stored in 2000. 2. Outline data collected from historical Shoreline Storage Counts. 3. Identify any observable conclusions and trends from the Shoreline Storage data collected. METHODOLOGY To ensure consistency and accuracy in the :2000 Shoreline Storage Count, LMCD staff established parameters in which the storage inventory was to be conducted. Detailed below is a summary of these parameters. 1. Survey all 125 miles of lakeshore frontage on Mondays through Thursdays, between the hours of 7:30 AM and 12:00 PM. This time has been selected to best represent when observers could count the maximum number of watercraft stored on Lake Minnetonka. Friday was established to be an alternative day when weather conditions were not favorable. 2. In 1998 and 1999, the count was conducted during the month of June with a completion date prior to July 4. In 2000, the count originated on July 6 and concluded on August 8. 3. The watercraft count was to be conducted by LMCD staff from the 18 foot runabout owned by the District. 4. A shoreline storage count worksheet was established to assist in conducting the shoreline storage inventory. Ten classifications of watercrafts were established on this worksheet to categorize each watercraft type. These watercraft classifications include: runabout, cruiser, sailboat, pontoon, houseboat, charterboat, fishing boat, personal watercraft (PWC), aircraft, and miscellaneous. Further definition of these watercraft classifications are defined in Appendix A. 5. Residences that had docks with 3 boats, 4 boats, and empty slips were also identified in 2000. In this Report, a slip was defined as either a docking structure with three clearly defined sides or a boat lift. In 1999, the category of 3 and 4 boat docks represented residences that had docks with 3 or 4 restricted or unrestricted watercraft storage. In 2000, the numbers under this category represent only restricted watercraft storage. I/I '--1 SUMMARY OF THE 2000 SHORELINE STORAGE COUNT total number of watercraft stored, beached or rafting on Lake Minnetonka for 2000 was 9,519. Appendix B highlights this figure and provides a breakdown, by watercraft classification and bay. Further analysis indicates that 5,721 watercraft were stored at riparian residences and that 3,798 watercraft were stored at multiple dock facilities. Results indicate that over 63% of the watercraft counted on Lake Minnetonka were either found in the runabout or cruiser classification. The lowest percent of watercraft stored on the lake were classified in the houseboat, charter boat and aircraft classifications with less than 1%. Appendix B highlights the 5,721 watercraft stored at riparian residences in 2000. Approximately 66% of the watercraft stored on riparian shoreline were found to be in either the runabout or cruiser classification. Further breakdown of this figure indicates that 46% of the watercraft inventoried were runabouts and that 20% were cruisers. The lowest percent of watercraft stored at riparian residences were found to be in the houseboat, charter boat, and aircraft classifications, which total less than 1%. These percentages are slightly skewed because LMCD staff was unable to distinguish the watercraft counted, by classification, at riparian residences because of the Mound Commons Docking Program. Further details of this drawback are discussed later in the text. Appendix C highlights the 3,798 watercraft stored at multiple docks in 2000. Approximately 57% of watercraft stored at multiple docks were found to be in the runabout and cruiser classification. Fur[her breakdown of this figure indicates that 33% of the watercraft were runabouts and that °.4% were cruisers. The lowest percentage of watercraft stored at multiple docks were houseboat, char[er boat, and aircraft classifications, which total less than 1%. Again, these percentages are slightly skewed because District staff was unable to distinguish the watercraft counted, by classification, at multiple dock facilities because of the Mound Commons Docking Program. The City of Mound indicated to District staff that 574 watercraft, on ten bays, were located at the Mound Commons Docks in 2000. These bays are highlighted by an (*) in Appendix B and C. Fur[her breakdown of these watercraft are detailed below: · Priest Bay 13 · Cooks Bay 81 · Phelps Bay 118 · Spring Park Bay 12 · Black Lake 74 · Emerald Lake 4 · Seton Lake 26 · Harrisons Bay 165 · Jennings Bay 40 · West Arm 41 TOTAL Because this documentation was provided by the City of Mound, the Report is accurate with regards to total riparian and multiple dock watercraft inventoried in 2000. The drawback is that these 574 watercraft were not broken down by watercraft classification by the City of Mound. 2 The end result is that these 574 watercraft are documented in the riparian storage classification count rather than the multiple dock storage classification count. Appendix D highlights residences that had docks with 3 boats, 4 boats, and empty slips. In 2000, there were 355 residences that had 3 boats stored at the dock, there were 186 residences that had 4 boats stored at the dock, and there were 254 empty slips. Again, the 3 and 4 boat dock category in 2000 represented unrestricted watercraft. In 1999, this category represented both unrestricted and restricted watercraft stored at residences around the lake. SUMMARY OF HISTORICAL SHORELINE COUNTS Appendix E highlights historical shoreline storage counts from 1971 to 2000. Watercraft identified in these historical counts ranged from a Iow of 5,245 in 1971 to a high of 10,475 in 1996. In 1996, this project was conducted by Clear Air, Inc. utilizing an aerial survey. CONCLUSIONS/TRENDS Based on the data collected from the 2000 Lake Minnetonka Shoreline Storage Count, LMCD staff believes that conclusions and trends can be further evaluated into three separate categories. They include analyzing overall watercraft storage, analyzing 3Boat/4 Boat storage, and analyzing storage on a bay by bay basis. Further evaluation of these categories is detailed below. Overall Watercraft Storacle Watercraft storage increased 8% from 8,797 in 1999 to 9,519 in 2000. The largest increase was in PWC's from 639 in 1999 to 811 in 2000, a 27% increase. The runabout and cruiser categorizes increased from 5,380 to 5,964 in 2000, an 11% increase. Staff combined these two categories because it is difficult, at times, to distinguish between the two categories. One contributing factor to this increase is that runabouts and cruisers stored at the three licensed drystacking facilities on the lake were not included in the 1999 Shoreline Storage Count. Sailboat storage increased from 719 in 1999 to 773 in 2000, an 8% increase. Pontoon storage increased slightly from 477 in 1999 to 490 in 2000, a 3% increase. Fishing boat storage decreased slightly from 785 in 1999 to 764 in 2000, a 3% decrease. As highlighted above, there are three marina facilities on Lake Minnetonka that are licensed for "off-lake" storage or "drystacking". These three facilities include: · North Shore Marina (Maxwell Bay) 72 BSU's · Rockvam Boatyards (West Arm) 125 BSU's · Tonka Bay Marina (Echo Bay) 54 BSU's Further evaluation of how these facilities affected the 2000 Shoreline Storage Count are detailed in the "Bay by Bay Storage" category. 3 Boat/4 Boat Storaqe The number of residences with three and four restricted watercraft stored at their dock have significantly increased from 447 in 1999 to 541 in 2000, a 21% increase. Staff needs to point out that this increase is even more significant because unrestricted watercraft were included in this category in the 1999 Shoreline Storage Count. Staff believes there are two ways to address this increase. First, the Board could direct staff to take a more proactive approach to evaluate whether these sites comply with LMCD Code relating to boat storage and ownership of watercraft. In order to accomplish this, there would probably be a need to increase LMCD staffing levels. Second, the Board could evaluate LMCD Code relating to boat storage and ownership of watercraft to determine whether any changes should be made to it. Currently, staff evaluates these situations on a public inquiry or complaint basis. Bay by Bay Storage In general, staff believes that shoreline storage around the lake has remained relatively constant, with four exceptions. These exceptions in shoreline storage were observed in West Arm, Maxwell Bay, St. Albans/Excelsior Bay, and Echo Bay. Further details of these exceptions are detailed below: · In West Arm, the storage of watercraft at licensed multiple dock facilities from 177 in 1999 to 284 in 2000, a 60% increase. Staff believes this is attributed to the 119 BSU's that were being drystacked at Rockvam Boatyards during the 2000 boating season. The storage of watercraft at riparian residences in this bay increased from 467 in 1999 to 612 in 2000, a 31% increase. Staff cannot provide an explanation for this significant and believes it should be further evaluated during the 2001 boating season. · In Maxwell Bay, the storage of watercraft at licensed multiple dock facilities increased from 157 in 1999 to 212 in 2000, a 35% increase. Staff believes this is attributed to the 59 BSU's that were being drystacked at North Shore Marina during the 2000 boating season. · In St. Albans Bay, the storage of watercraft at licensed multiple dock facilities decreased from 348 in 1999 to 271 in 2000, a 28% decrease. In Excelsior Bay, the storage of watercraft at licensed multiple dock facilities increased from 59 in 1999 to 180 in 2000, a 205% increase. The City of Excelsior and Cochrane's Boat Yards have docking on both bays. Staff believes that in 1999 Shoreline Storage Count, the boats associated with these multiple dock facilities were reported entirely in St. Albans Bay. · In Echo Bay, the storage of watercraft at licensed multiple dock facilities increased from 204 in 1999 to 302 in 2000, a 48% increase. Staff believes this can be attributed to two factors. First, the 54 BSU's that were being drystacked at Tonka Bay Marina during the 2000 boating season. Second, staff believes the 42 BSU's approved at Lindbo Landing were not included in the 1999 Shoreline Storage Count. 4 Watercraft Classification Definitions (Appendix A) Runabout- single hull-pointed bow, tri-hull-blunt bow, hull may be partially covered, windshield often visible. These boats are usually over 16 feet in length, and powered by a 10 horse power motor or more. · Cruiser- super structure, flying bridge, two windshields usually visible, hull mostly covered. This craft usually has sleeping accommodations. Sailboat- sails often visible, single hull-long slender shape, catamaran-twin hulls visible. Pontoon- rectangular shape, outboard motor, pontoons extend beyond the platform. These boats are often seen with a colorful canvas top. · House Boat- relatively large, rectangular shape with blunt rounded bow. This superstructure is sometimes present. · Charter Boat- excursion or party boats that are licensed by LMCD. · Fishing Boat- any boat 14 feet or longer, used for fishing. This craft is usually out- rigged with special fishing equipment. Personal Watercraft (PWC)- is a watercraft less than 14 feet in length, which uses a motor powering a water jet pump. This water jet pump is its pdmary source of motive power. This craft is designed to be operated by a person in the sitting, standing or kneeling position, rather than in the conventional manner such as sitting or standing inside the watercraft. · Aircraft- any contrivance invented or designed for navigation or flight in the air. The term includes aircraft equipped with floats or skis. Miscellaneous- This designation of watercraft includes any craft other than rowboats, 16 feet or less in length. Miscellaneous watercraft are usually unmotorized, or sometimes equipped with motors of 10 hp or less. Some examples of this miscellaneous watercraft are canoes, wet sailboards and paddleboats. · --" O- ~- O~ ~ ~D ~0 ~0 ~ ~ ~ ~- CO ~ O~ ~ ~- I~ ~ I~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O~ ~0 0 ~0 ~D w~' LO ~0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LAKE MINNETONKA COMMUNICATIONS COMMISSION 4071 SUNSET DRIVE · P.O. BOX 385 · SPRING PARK, MN 55384-0385 · 952. 47 I-7125 · FAX 952. 471-9151 MEMO DEEPFtAVEN EXCELSIOR GREENWOOD INDEPENDENCE LONG LAKE MEDINA MINNETONKA BE~CH MINNETRISTA ORONO Date: To: Fm: Re: October 24, 2000 Fran Clark, City of Mound ~ Sally Koenecke, LMCC ',4~ Studio Usage Report 10-22-00 Enclosed is the Mound Usage Report requested from the LMCC for the Mound City Council. John Weaver, the LMCC Studio Manager, has listed the names of programs, program length, and name of producer for each program as stated in our agreement with Mound. I did ask him to include the names of organizations producers may be producing programs for so you would be made aware of organizational use. The agreement called for an annual report with the end of the year being April 1, 2001. Please keep in mind that this report was submitted at six months. Typically, the public access studio has its lightest use during the summer months and picks up in the fall and through the winter. We feel this is due to many of the programs being school related, but also because of nice weather. ST. BONIFACIUS SHORE~/OOD Thank you for your inquiry. If you have any questions please do not hesitate to call. The LMCC appreciates the opportunity to serve Mound residents. SPRING PARK TONKA BAY VICTORIA ~'OODLAND Mound Usage Report 10-22-00 Prepared by John E. Weaver Programs Produced by Mound Producers Mound Westonka School Board Meeting-2:00-Jacob Gardner-4/00 Lake Minnetonka Association Volunteer Training Session #6-1:30- KimBlievernicht-4/00 Lake Minnetonka Association Volunteer Training Session #7-l:00- Kim Blievernicht-4 / 00 Youth, Law Enforcement and Your Schools- 1:15- Leah Weycker and The Healthy Community Collaborative-5/00 A Visit to Memory Lane with Roger Erickson-l:30- Eli Ehlebracht & District 227 Foundation-6/00 Lake Minnetonka Association Volunteer Training Session #8-1:45- Klm Blievernicht-6 / 00 The Right Price-:30-Val Hessburg & Westonka Schools-6/00 Mound Westonka School Board Meeting-:45-Jacob Gardner-7/00 Mound City Days 2000-1:30-Eli Ehlebracht-7/00 Westonka Historical Society History of Mound Westonka Schools-l: 15- Lavonne Adams-8/00 Westonka Historical Society Mound Visions Update-1:45-Lavonne Adams- 81o0 Mound Westonka Football vs. Benilde-2:00-Eli Ehlebracht-9 / 00 Mound Westonka Football vs. Orono-2:00-Eli Ehlebracht- 10/00 Mound Westonka Football vs. Columbia Heights-2:00-Eli Ehlebracht-10/00 Mound Westonka Football vs. ]3. C.-2:30-Eli Ehlebracht-10/00 Mound Westonka Football Homecoming-2:15-Eli Ehlebracht- 10 / 00 Mound Westonka Football Homecoming Parade and Halftime Show-2:15- Eli Ehlebracht- 10 / 00 Mound Westonka Varsity Soccer vs. Columbia Heights-1:30-Patty Miller- 10/00 Mound Westonka Varsity Soccer vs. Rockford- 1:30-Patty Miller- 10/00 Mound Westonka Varsity Soccer vs. Southwestern Christian- 1: 30- Patty Miller- 10/00 Programs Produced for Mound Organizations (?7 denotes programs for which we no longer have access to run time information) Mount Olive Lutheran Hour-l:00-4/00-5 total programs in April Mound HRA-??-4/00-2 total Mound City Council-??-4/O0-2 total Mount Olive Lutheran Hour-l:00-5/00-3 total programs for May Mound HRA-??-5/00-2 total Mound City Council-??-5/00-2 total Mount Olive Lutheran Hour-l:00-6/00-3 total programs for June Mound HRA-??-6/00-2 total Mound City Council-??-6/00-11 total Mount Olive Lutheran Hour-1:00-7/00 Mound HRA-??-7/00 Mound City Council-??-7/00 Mound HRA-:30-7/00 Mound City Council-3:30-7/00 Mound HRA-:30-8/00 Mound City Council-3:00-8 / 00 Mound HRA-:45-8/00 Mound City Council-2:30-8/O0 Mount Olive Lutheran hour- 1:00-9/00 Mound HRA-:45-9/00 Mound Mound Mound Mound Mound City Council-3:30-9/00 HRA-:45-9/00 City Council-4:00-9/00 HRA-i:00-10/00 City Council- 1:30-10 / 00 Other Programs of Direct Interest to Mound Residents LMCC Volunteer Recognition Program- 1:00-4/00 LMCC Executive Committee Meeting- 1:30-4/00 Orono Town Meeting with Congressman dim Ramstad- 1:15-5/00 Lakeshore Restoration- 1:00-5/00 LMCC Meeting-2:00-5/00 LMCC Meeting-:45-6/00 Tonka Report--With Mound City Manager Kandis Hanson-:30-7/00 Starburst Dance Academy--2000 Simply the Best-2:00-8/O0 LMCC Executive Committee Meeting- 1:30-8/00 Second Generation Watershed Management Plan Forum- 1:30-9/00 LMCC Executive Committee Meeting-1:00-9/00 Tonka Report--With Mound City Manager Kandis Hanson -:30-10/00 LMCC Meeting-:45-10/00 Mound Residents Signed up for or Completed LMCC Classes (This list does not include Mound residents certified before April,00) David Sutton Larry Wittig B. J. Johnson Scott Fredrickson Matt Johnson Dirk Klein_heksel Michael Piepkom Michael Wear lg ll@l -000 HI-NOTES PRESIDENT' S MESSAGE October 15, 2000 Dear Members and Friends, We are planning to use this page each month to update all of you about our new Senior Center until it is completed. We hope by doing this that each of you will have the correct information and will know how things are progressing. This past month has been a month of ground-moving ..... literally. Dirt was moved and hauled away by dozens of trucks and backhoes. It was fun to watch them all lined up and see the progress. It was like watching our children and grandchildren in their sandboxes. At this point the groundwork is being done and all of the infrastructure will begin. Not too exciting until the actual building takes shape. Because we have not raised all of the money necessary, we worked with the Yanik and Associates to pay as work is completed. We are planning another community- wide appeal for the additional funds and hope that we reach the hearts and pocketbooks of the Westonka citizens. We definitely would like to have this building paid in full when we move in. We will be responsible for the operating expenses after completion and that is a job in itself. If we run out of money, we may have to leave the lower level in a non-finished state and purchase furnishing a piece at a time. Hopefully, we will attain our goal and these worries be unfounded. As members of the Westonka Senior Center, you know more than anyone what a valuable asset this building will be to the community. Be sure to remind your family and friends of this asset and do your own fundraising. Look for next month's update, Mahlyn Byrnes President Oct ~6 ~888 89:38:41 Via Fax AMM FAX October 23-27, 2000 Hanson Page 881 Of 88t Association Hetropolitan Hunicipalities Mn/DOT Design-Build Workshop ~he Minnesota Department of Transportation (Mn/DOT) has requested the AMM to provide this information to our members. Please forward this notice to the appropriate city personnel. Mn/DOTs North Star Design-Build Workshop--Nov. 29-30, 2000 Radisson South Hotel, Bloomington At the workshop, you will: ·Leam about design-build con. tracts, processes, and experi- ences from many perspectives; · Discuss the strengths, weak- nesses, opportunities, and threats of design-build delivery; and · Prioritize issues to be resolved over the next year. Mn/DOT has been working cooperatively with Minnesota's contractor and consulting engineer communities to learn about pri- vate, public, and transportation design-build methods around the country. 'We have visited state agency and industry representatives in Florida, Michigan, Arizona, and Utah to hear from people who have experienced design-build. Having learned a great deal from others, we need to continue working together to determine how design-build can work in Minnesota.' Legislators, contractors, consulting engineers, local governments, and others have been invited to attend. The workshop will kick off a long term process to develop a model and identify options and criteria. Please register before Nov. 1 because space is limited. The two, day workshop is planned as a package, so plan to attend both days. The cost is $175 per person and includes break refreshments, lunches, and workshop materials. To receive a Fax of the agenda and registration form, call Laurie or Roger at the AMM at 651-215-4000 or contact Paul Huston, Mn/DOT's Design-Build Program Coordinator, at 651-284-3605 or via e-mail at paul.huston@dot.state.mn.us. AMM .News Fax is faxed to all A.rdM city managers and administrators, legislative contacts and Board members, Please share this fax with your mayors, counciimembers and staff to keep them abreast of impor- tant metro city issues. 145 University Avenue West St. Paul, .~N $$105-2044 Phone; (651) 215-4000 Fax: (651) 281-1299 E-maE: amm~amm145.org Policy Meeting is set for November 9 The AMM's Policy Adoption Meeting is scheduled for Thursday, Nov, 9 at the LMC/ AMM Building. This is the membership's opportunity to debate and Lapprove the AMM's policy platform for the 2001 Legisla- tive Session, Please call Laurie Jennings at 651-215- 4000 to make your reserva- tion if you haven't already done so. There is no charge for this meeting. Oc~ ~8 Z800 1~:15;18 Via Faz -> Hanson Page 881 Of 881 AMM FAX lie October 30, 2000- November 3, 2000 Association Pletropolitan Hunicipalities November Meetings/Conferences to Provide Hints for the 2001 Session and Regional Policies Wsmith the start of the legislative ession beginning in approxi- ately two months, the Governor, the Metropolitan Council and other organizations will publicly discuss legislative initiatives. Among the sched- uled meetings of interest to cities are the following: Nov. 1 --Technical Advisory Core- m ittee (TA¢) of th e Tra n s po rtatio n Advisory Board (TAB) Meeting. The TAC will hear a presentation regarding proposed modifications to the TAB solicitation process from Metropolitan Council staff. The proposal recommends that 100 points for housing and livable communities activities be added to the solicitation criteria. The proposal will also be presented to the Livable Communities Committee on Monday, November 6. Nov. 1 --House Sub-committee on Metropolitan Council. The last of six sub committee meetings will be held in Plymouth City Hall. To date the hearings have provided a wide range of comments regarding the Metropolitan Council. At some hearings the speakers have advo- cated the repeal of the Metropolitan Council, others have generally supported the Council. In some cases there have been critical comments but they have not suggested repeal. Most speakers have stated that over the last few years the Metropolitan Council has become more AMMNews Fa~ iv faxed to all AMM city m anage~$ and administrator, legi$1affve co~ac~ and memb~s. ~lease $ha~ thH f~ ~th ~u~ mayo~. ~un~tmembers and staff to kee~ them ~e~ important met~ c~' la5 Un~ty ~venue We~ & Pa~ MN 55103-20~ ~hone: (6519 215-~000 ~: (651} 281-1299 ~-m~l: am~mml~5, o~g cooperative in working with cities. AMM will testify at the Plymouth hearing. Nov. 3--AMM/Pollution Control Agency Phase II Wastewater Permits. This is the initial meeting to determine ifa general permit can be developed. The Environmental Protection Agency (EPA) has promulgated rules and regulations to implement the program, which is mandated by federal law. All cities having a population of between 10,000 and 100,000 are required to have a permit. A general permit, which is preferred in the guidelines, is a permit that is applicable to more than one municipal- ity. The meeting is scheduled for 1 PM at the LMC Building. The meeting is open and if you wish to attend please contact AMM. Nov. 6--Metropolitan Council Livable Communities Committee. The committee will review the TAB criteria and set a date for a public hearing on the criteria. The criteria will be mailed to cities and counties for review and comment. AMM has established a work group to review the criteria and recommend an AMM position statement to be made at the public hearing. Nov. 7--Affordable Housing Meeting. Minneapolis. Council member Thurber will convene a meeting of local government officials, housing advocates and non-profit groups to discuss afford- able housing issues. The purpose of the meeting is to determine if the invited groups can coordinate and or agree on a legislative strategy. Nov. 9--AMM Policy Adoption Meeting. The annual meeting will be held at the LMC Building. A 45-minute social featuring light hors d'oeuvres will begin at 5 p.m., followed by the business meeting from 5:45-7 p.m. there is no charge to attend the social and/or meeting. Please R.S.V.R by calling Laurie Jennings at 651-215-4000 by Friday, November 3. Nov. 13--Governor's Big Plan. The Governor will discuss the Big Plan at a public meeting with local government officials. The meeting will be held in St. Cloud. It is anticipated that some of the Big Plan proposals will be announced at the meeting. Invitations have been sent to local officials. Nov. 15--State of the Region. Chair Mondale will present his annual address regarding the region. He will probably discuss the Council's legislative program and comment on such issues as land supply and transit funding. Nov. 19--Mayor's Regional Housing Task Force. The initial draft of the task force's report will be released. The report will include findings and recommendations that can be implemented by cities and the legislature. The report will include sections on financing, federal involvement, housing barriers, zoning and land use and the role of local elected officials in housing. The report will be sent to local governments for review and comment. Nov. 29--AMM/BATC Task Force. The task force will review proposals that attempt to reduce the cost of housing production. The task force hopes to agree on three or four proposals that may not necessarily require legislation. Areas being discussed include but are not limited to inspection practices, planning procedures, property tax timing issues, and regulations. It is also probable that the legislative leadership will name committee chairs and announce a broad agenda for 2001. AMM News faxes during the month will keep you appraised of the meetings. AMM FAX lie October 30, 2000 - November 3, 2000 (no. 2j ?age 881 Of 881 Association Hetropolitan Hunicipalities Metropolitan Council Presents Proposed Update to Regional Guidelines for Priority Funding for Housing Performance Metropolitan Council staff presented at the Nov. 1,2000 Technical Advisory Committee (TAC) meeting recommendations to modify the Transportation Advisory Board's (TAB) solicitation process and updatethe Housing Review Guidelines that were last updated in 1985. The TAB recommendations include the following: · Modify the smart growth criteria to include affordable and lifecycle housing. · Smart growth criteria would be increased by at least 100 points. · Affordable and lifecycle housing criteria will be used to evaluate and rank highway proiects that are classified as non-freeway principal arterials, three of the four"A" minor arterials. (relievers, expanders and augmenters) and bikeways/walk- ways. The criteria would be those included in the proposed Housing Review Guidelines update. AMM .News Fax is faxed to all AMM city managers and administrators, legislative contacts and Board members. Please share this fax with your mayors, councilmembers and staff to keep them abreast of impor- tant metro city issues. 145 University Avenue West St. Paul, MN 55105-2044 Phone: (651) 215-4000 tax: (651) 281-1299 £-mail: amm~amm145.org · Assign points in a proportional share system in determining housing points when a project serves multiple communities, The TAB proposal will be discussed by the Metropolitan Council's Livable Communities committee on November 6 and transmitted to the TAB Relations Committee and TAB Programming Committee for consideration in the 2001 solicitation process. The Livable Communities Commit- tee will also discuss the update to the Housing Review Guidelines on Novem- ber 6. The current guidelines contain 100 points: that gives credit for existing subsidized units and afford- able units, local fiscal incentives, and incentives through modifications to local codes and ordinances. The proposed guidelines provide most of the points for local fiscal incentives, and other local incentives. Points are given for zoning codes that permit density (6 or more per acre) and participation in the Livable Communi- ties Act. The proposed guidelines also identify three types of cities for which affordable housing plans and expecta- tions are different and apply applicable criteria to them. Group A communities are those cities that have or should have com- prehensive plans with goals that call for additional affordable units before 2010. Group B communities are cities that may have comprehensive plans with housing goals that propose a net addition of twenty-five or less new affordable units before 2010. The Group C communities are cities and townships that are currently not sewered or have wastewater treatment plants operating at capacity. To discuss the proposal the Metropolitan Council could adopt the following schedule: · Dec. 18, 2000- 4PM - Metropolitan Council Offices. Public Meeting to obtain information: perspectives and ideas. . Jan. 16, 2001 Livable Communities Committee Meeting to review the public meeting comments and make recommendations in the form of draft guidelines to the full Metropolitan Council. · Jan. 17: 2001. Metropolitan Council approves the guidelines for the purposes ora public hearing. · Feb. 21,2001. Public Hearing (tentative). · Mar. 1, 2001. Metropolitan Council adopts the guidelines after the 10 day open public comment period. Copies of the proposed changes to the guidelines should be mailed to all cities within the next ten days. AMM along with the metropolitan counties has established a task force to review and comment on the proposal. If you want to participate in the task force or provide comments please contact Gene Ranieri at AMM. Page 1 of 4 KandisHans0n From: "Barbara Olson" <olsonb@westonka.k12.mn.us> To: <kandishanson@msn.com>; Sent: Friday, October 27, 2000 2:27 PM Subject: westonka.news Vol. 1, No. 4 westonka, news Vol. 1, No. 4 October 27, 2000 The Westonka Public Schools' channel for direct electronic communication to interested parents, staff, and community members, providing up-to-date information about education in District 277. westonka.news publishes weekly; look for it in your mailboxes on Fridays. Westonka Public Schools, 2450 Wilshire Boulevard, Suite A, Mound MN 55364; http://vvvvw.westonka.k12.mn.us; tel: 952.491.8006; fax: 952.491.8043; e-mail: welisten~westonka.kl 2.mn.us. Contents 1. News Briefs - External Review of Technology -- Class Sizes for 00-01 -- Introducing Kevin Cook, Recreation Coordinator 2. Focus Topic: Continuation of School Start Times Discussion 3. Upcoming Events 4. We Want to Hear from You NEWS BRIEFS **External Review of Technology** This week, two consultants with Elert & Associates have been conducting focus groups and gathering research about the district's current technology status (covering hardware/software, training, and usage issues). Their report and recommendations will help the district determine a course for Westonka's technology program. Focus groups have included instructional technology staff, library media specialists, principals and administrators, staff development representatives, curriculum and instruction staff, and community representatives from school parent-teacher organizations and committees. Elert & Associates expects to have recommendations ready by the end of November. The external review was requested by the Westonka School Board, and will provide useful data as the district contemplates a bond referendum to support technology and other needs. 10/28/2000 Page 2 of 4 **Class Sizes for 00-01'* As it has for the past decade or so, enrollment remains stable. Class sizes remain Iow overall, especially in the lower grades, thanks to federal and state funding to reduce class sizes in grades K-3. Early Childhood approx. 575 children ages 0-5 Kindergarten 165 students, avg class size 18 Primary (1-4) 664 students, avg. class size 21 Middle (5-7) 552 students, avg. class size 28 High School Prep (8-9) 406 students, avg. class size 29 Secondary (10-12) 580 students, avg. class size 28 Total K-12 enrollment (as of September 2000) 2367 **Introducing Kevin Cook, Recreation Coordinator** If you have children in youth sports and recreation activities offered through Westonka Community Education and Services, you'll soon have an opportunity to meet Kevin Cook, the district's new recreation coordinator. Cook will coordinate youth sports and some adult recreation activities. He came to Westonka from the University of Minnesota, where he graduated with honors with a master's degree in sports management. He is an accomplished alpine skier, and qualified for the U.S. Olympic Trials in that event. While pursuing a bachelor's degree from St. Olaf College, he won many honors in football, including MVP, Ali-Region, Ali-Conference, and Player of the Year. You can reach Kevin Cook at 491-8047 or cookk~.westonka.k12.mn.us FOCUS TOPIC **School start times discussion continues** At the School Board Special Study Session on October 23, Board members heard reports from building principals on the discussions among parents, staff, and student council members on the issue of school day start times. The School Board had requested data on this topic to familiarize them with the research and practices already underway in other districts that have moved to later start times, especially for high school students. Board members had reviewed the research prior to this discussion. The Board carefully examined the materials gathered by Supt. Pam Myers (including an extensive "School Start Time Study" conducted by the Center for Applied Research and Educational Improvement, College of Education and Human Development, University of Minnesota). After reviewing the material, and discussing it with staff and parents present at the study session, the Board requested that Dr. Myers bring back three possible models, including costs, for changing school start times. If the Board believes the topic should be pursued further, it may request that the administration follow up and solicit parent, student, and community feedback on one or several models. Page 3 of/~ UPCOMING EVENTS --Celebrity Basketball Game, featuring the Westonka Slamma Bamma Jammers vs. the Harlem Ambassadors on Sunday, October 29, at 2 p.m. Our own Dr. Pam Myers, superintendent, plus principals Rich Nicoli, Gene Zulk, Kevin Borg, and Paul Schullo will be among the Westonka staff members who take on this powerhouse showcase team. They'll be assisted by WCCO's Don Shelby and other superstars from the Westonka business and civic community. All proceeds will be used for student scholarships. The event will take place at Mound Westonka High School, 5905 Sunnyfleld Road East, Minnetrista. For tickets, call 491- 8040 to arrange "will call," or purchase them at the door. --Early Childhood Craft Show This popular event marks its 10th anniversary in 2000. Saturday, November 4, 9 a.m.-3 p.m. Mound Westonka High School gym. Gifts & crafts for everyone; fabulous silent auction; food & refreshments. New crafters are always welcome. For information, call Early Childhood at 491- 8048. WE WANT TO HEAR FROM YOU! **Especially about the format of this newsletter** From the editor: I'm trying to find a happy medium that works for everyone receiving this electronic newsletter. I've heard from one person who has software that does not do automatic wrapping--so the text extends beyond her screen. Since some people customize their software to provide wraps of varying line lengths on incoming messages, it might cause even more problems if I were to put in hard returns. But if you have a similar issue with text not wrapping, please let me know and I'll do a separate message with hard returns to those of you with this concern. If you have any questions or comments about the way this newsletter is formatted, please let me know and I'll do what I can to take care of them <olsonb~westonka.k12.mn.us> **Other comments** We would like to hear your feedback on any of the topics above, or anything other school- related issue. Use whichever way works best for you: send an e-mail message to <welisten~.westonka.k12.mn.us>; call the District Feedback Line at 952.491.8260; or mail your comments to Barbara Olson, Community Relations Coordinator, Westonka Public Schools, 2450 Wilshire Blvd., Suite A, Mound MN 55364 Westonka Public Schools 2450 Wilshire Boulevard, Suite A Mound MN 55364 tel: 952.491.8006; fax: 952.491.8043 10/28/2000 Page 1 of 2 KandisHanson From: "Barbara Olson" <olsonb@westonka.k12.mn.us> To: <kandishanson@msn.com>; Sent: Tuesday, October 31,2000 12:41 PM Subject: Important update re roofing work at high school The combination of roofing work plus the threat of impending rain is posing some challenges at Mound Westonka High School today. Indoor air quality in the building became a concern about 9:30 this morning, when contractors finishing up work on the roof used materials with a potent odor near an air handler that supplies fresh air to parts of the building. When the odors became noticeable, Principal Gene Zulk immediately conferred with other administrators to consider options for either Continuing the school day or sending students home early. At the same time, facilities staff went up on the roof to redirect contractors' activities away from any air intake equipment. The transportation department also was contacted and prepared for the possible early release of high school students. All building staff were alerted to the situation immediately and were advised to be attentive to students and colleagues who might complain of feeling ill. As of this writing, two students have been released to go home. The school nurse and central office staff are prepared to accommodate any others who indicate they might feel ill. Moving equipment away from the air handlers did provide some dramatic short-term relief, but when the situation worsened again a short time later, the roofing work was shut down until the close of the school day. The decision to shut down work on the roof meant that school could continue and students would not have to be released early to possibly empty homes. Normally, roof work is done during the summer and over school breaks. In this case, however, the repairs were required because contractors damaged the roof in the process of replacing the bricks around the perimeter of the building earlier this school year. There was, therefore, no choice but to repair it before winter sets in. All repairs are being covered by the contractor; there is no cost to the district for these roof repairs. Until today, workers were restricted to off-school hours only and had nearly completed the job. But when the forecast for tomorrow came in with rain and the roof still had a full day's worth of repair left, contractors were given permission to work on it today only. They will continue their work after school lets out at 2:15 p.m. this afternoon. Contractors have confirmed that they will complete the job before the end of the day today. Barbara Olson Community Relations Coordinator Westonka Public Schools 2450 Wilshire Blvd, Suite A Mound MN 55364 p: 952.491.8006 f: 952.491.8043 10/31/2000 Page 1 of 4 KandisHanson From: "Barbara Olson" <olsonb@westonka.k12.mn.us> To: <kandishanson@msn.com>; Sent: Friday, November 03, 2000 11:12 AM Subject: westonka.ne westonka.news Vol. 1, No. 5 November 3, 2000 The Westonka Public Schools' channel for direct electronic communication to interested parents, staff, and community members, providing up-to-date information about education in District 277. westonka.news publishes weekly; look for it in your mailboxes on Fridays. Westonka Public Schools, 2450 Wilshire Boulevard, Suite A, Mound MN 55364; http://www.westonka.k12.mn.us; tel: 952.491.8006; fax: 952.491.8043; eomail: welisten~.westonka.k 12 .mn. us. Contents 1. News Briefs --Shirley Hills featured in Hollywood movie --New outreach to area Realtors --Closing date for Lynwood property 2. Focus Topic: Auditor's Report on District Finances for 1999-2000 3. Upcoming Events 4. We Want to Hear from You NEWS BRIEFS **Shirley Hills featured in Hollywood movie** Local residents may recall that a movie crew used Shirley Hills Primary as a set for a movie filmed during Summer 1999. Over a matter of days, certain areas in the school were transformed into a prison visiting room, a warden's office, a women's clothing shop, and a hospital room. Trailers for the movie, "Sugar and Spice" (rated PG-13) are now available online at http://www.sugarandspicemovie.com/. The film depicts teenagers getting into mischief--but whether it's worth seeing, we don't know. Regardless of how the quality turns out, the film did benefit the students at Shirley Hills. Fees 11/03/2000 Page 2 of 4 received for use of the building were used to purchase four state-of-the-art iBook laptop computers and an "airport" peripheral that allows the laptops to talk to computer network without actually being plugged into it. In other words, four students can be working on projects, connecting to the Internet, and sending files to the same printer all at once. **New Outreach to Realtors** A new form of outreach to local Realtors went out this week. The newsletter, "Connect," has several objectives: (1) provide current, accurate information about accomplishments of students and staff in the Westonka Public Schools; (2) offer first-person accounts from prospective residents who have toured Westonka schools during their family's school choice deliberations; (3) develop a feedback loop so that Realtors can let the District know how it can be a more useful resource to them as they work with prospective residents. The newsletter will be sent quarterly to about 750 Realtors in the Lake Minnetonka area, reaching as far east as St. Louis Park and Hopkins, and including the communities on the west side of the lake. **Closing Date for Lynwood Property** December 15 remains the closing date for the district-owned property at 5600 Lynwood Boulevard. Once the sale is completed, plans will proceed with upgrading the athletic fields at Mound Westonka High School, and replacing administrative service center offices that are now temporarily housed in classrooms throughout the district. According to Supt. Pamela Myers, one of the critical moments in the timeline for the construction of the new fields is August 15. On or about this date, the grass seed needs to be in, so that it can germinate before winter and be ready to be played on the following fall. At this time, it seems unlikely that the August 15 deadline will be met. FOCUS TOPIC **Auditor's Report on District Finances for 1999-2000'* At the October 9 School Board meeting, a representative from Kern, DeWenter, and Viere presented the firm's findings on its audit of the 1999-2000 finances for the Westonka Public Schools. The auditors found that the Westonka Public School District continues to handle its financial accounting well. There are, however, three growth areas the district should try to address: 1) The District employs too few staff in the business office to assure separation of duties. Previous audits have resulted in the same finding. Like Westonka, small districts across the state (about half of all school districts in Minnesota) struggle with this issue. Adequate staffing continues to be a challenge. 2) The District does not have a fixed asset inventory. Nearly all school districts in Minnesota are in a similar situation, lacking staff to maintain an inventory of all fixed assets. Due to a change in law, however, all districts will be required to maintain a fixed asset inventory starting 11/03/2000 Page 3 of 4 in 200§. $) The District did not have 110% collateral in the bank. This situation has since been corrected. How was the money spent in 99-00? Out of every $1 spent: 85¢ supported the General Fund (68¢ of that amount was used to pay salaries. The General Fund also covers Transportation, Capital, and Health and Safety expenditures.) 3¢ supported Food Services 6¢ supported Community Services 6¢ was used to pay off debt If you'd like more information on school funding, especially as it impacts school districts in this area, check out the November 2 issue of the Lakeshore Weekly News. A front page story on the topic, written by assistant editor Elizabeth O'Sullivan, will be posted online sometime today at http://www.weeklynews.com. UPCOMING EVENTS --Early Childhood Craft Show Popular event marks its lOth anniversary this year. Saturday, November 4, 9 a.m.-3 p.m. Mound Westonka High School gym. For information, call Early Childhood at 491-8048. --Theater Performances: "Mayhem in the Middle," Nov. 3~4 at 7 pm; November 5 at 3 p.m. Grandview MS, $4 adults; $3 students; "Miracle Worker," November 10-11 at 7:30 pm; November 12 at 2 p.m. MWHS Theater. Tickets $5; Prairie Fire Theatre's "Jack and the Beanstalk." Auditions: November 13, 6-9 p.m.; open to adults and children 7 yrs and up. $3 audition fee. Those given parts will pay an additional $15 participation fee. Performances November 17 and 18 at 7 p.m. $5 adults, $3 children. Call 491-8040 for info. --American Education Week, November 12-18. WE WANT TO HEAR FROM YOU! We would like to hear your feedback on any of the topics above, or anything other school- related issue. Use whichever way works best for you: send an e-mail message to <welisten~westonka.k12.mn.us>; call the District Feedback Line at 952.491.8260; or mail your comments to Barbara Olson, Community Relations Coordinator, VVestonka Public Schools, 2450 Wilshire Blvd., Suite A, Mound MN 55364 Westonka Public Schools 2450 Wilshire Boulevard, Suite A 11/03/2000 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, OCTOBER 23, 2000 Those present: Chair Geoff Michael; Commissioners: Orvin Burma, Becky Glister, Cklair Hasse, Michael Mueller, Bill Voss, Frank Weiland, and Council Liaison Bob Brown. Absent and excused: Commissioner Jerry Clapsaddle; Staff present: City Manager Kandis Hanson, City Planner Loren Gordon, Building Official Jon Sutherland, Mound Vision Coordinator Bruce Chamberlain, and Recording Secretary Diana Mestad. The following public were present: Veto Hanson of Metro Plains, Brian Mundstock of SEI, Pam Madsen, Kathy Anderson of KKE, Judy Marshik, Mark Hanus, Brett Stufemges, Kris Morgan, Jamie DeMarais, Peter C. Meyer, Mike Koch of Metro Plains, Peter Johnson. Chair Michael welcomed the public and called the meeting to order at 7:36 p.m. Chair Michael called for a recess while the Commission reviewed last minute information received from Staff on the Metro Plains Development. Chair Michael called the meeting back to order at 7:44 p.m. 1.0 MINUTES - APPROVAL OF THE OCTOBER 9, 2000, MINUTES OF THE PLANNING COMMISSION MEETING. MOTION by Brown, seconded by Hasse, to accept the October 9, 2000, Planning Commission meeting minutes. Mueller questioned why his point in his written comments regarding the creation of nonconforming property in item 1.0 were not discussed at the meeting. The City Planner stated that the new parcel would have a width of 60 feet and the existing parcel has a width of 40 feet, both of which meet code. Mueller apologized for misunderstanding the information. Mueller stated he wished to discuss his concern about the HRA decision regarding the Park and Ride that he had also submitted in his written comments. Michael questioned what the problem was with this. Mueller stated that the concept plan was changed without input from the Planning Commission. Michael stated that the current discussion was regarding the Minutes from the prior meeting. Mound Planning Commission Minutes, October 23, 2000 Michael called the question. AYES: 8 NAYS: 0 Motion carried. DISCUSSION ITEMS: 1.1 METRO PLAINS DEVELOPMENT SKETCH PLAN REVIEW The City Planner stated that Veto Hanson of Metro Plains would begin the presentation. Michael stated the concerns of the Commission that the Staff information was received so late. Mueller stated that he was concerned because this is the largest development ever considered and he felt the information should have been available before the meeting. He stated he was willing to move forward with tonight's presentation, but was uncomfortable. Brown stated that he felt it would be unfair to Metro Plains not to let them present their material. Mueller questioned whether the developer had submitted their documents for inclusion on tonight's agenda in the same manner in which all others are required to do so. The City Planner stated that the Metro Plains has met the City's requirements and they have already made one presentation to the Parks Commission. He further stated that Staffran short of time and that is the reason for the lateness of the report. The City Building Official confirmed that Metro Plains has met all requirements. He further stated that the sketch plan review was considered an introduction to the project. Vern Hanson, Metro Plains, stated that he had brought the entire development team to the meeting to answer any questions. He stated that he has presented this development to City Staff on two prior occasions and feels that this plan makes the most sense. Mr. Hanson stated that the site is the 18.8-acre parcel of the old school site. He pointed out the survey of the property and stated that an unoccupied single family home would also be part of the development. Mr. Hanson stated that the property is broken into three zoning classes including commercial, residential, and parks. Paul Madsen, architect, stated that his finn specializes in the master planning of larger developments. He further stated that this would be a mixed-use project including a commercial portion, 59 town homes, 40 units of flats that would appear as 3-story large homes, and a park development plan that has been proposed by the Park Commission. 2 Mound Planning Commission Minutes, October 23, 2000 Mr. Madsen stated the streets in the development would be 24 feet wide with parking bays throughout. The town homes would have two car garages and the flats would have underground parking. Mr. Madsen stated there would be extensive landscaping throughout the development, a walking path, and a designated ponding area on site. He further stated that the town homes would be of two types. The interior homes would be 2-stories with walkouts and the perimeter homes would be built into the hill. Kathy Anderson, architect, stated that her firm specialized in commercial architecture. She stated that there is an interest from a grocer that would be considered the main anchor for the commercial portion of the development. She stated that she was aware of the concern about the facades along the roadway and that there was a second major entry by the Ponds Arena. She stated they are studying ways to deliver an urban edge to the roads. Ms. Anderson stated that an outdoor plaza is planned at the intersection with possibly a clock tower. She stated that she likes the idea of a central park. Brian Munstock, engineer, stated that the water main for the project would be brought in off the existing main in Commerce. He stated that planning is underway for storm water management including planning for sufficient capacity in the pond. Mr. Hanson pointed out the amount of green space planned for the commercial space and stated that 1 ½ and 2 story buildings were being planned. He stated that this plan would encourage a pedestrian experience and ties in with the Mound Vision Plan. Mr. Hanson stated that they are currently meeting with the Pond Arena regarding the impact this development will have on them. Pond is waiting to hear the financial implications before making any decisions. Brown asked in regard to the concept plan for the grocery store, had the possibility of a buffer of trees with single stall parking in the back to share with the south side tenants been considered. Ms. Anderson stated that the building has been moved back to anticipate the county right of way and they are hoping to have parallel parking. She further stated that it would be necessary to consult with a traffic engineer before these decisions could be made. Brown restated that he was wondering about moving the whole building north for parking. Ms. Anderson stated that was a possibility that could be considered, but again, a traffic engineer would need to be consulted. She further stated there was a concern about the densities needed to make the tenant mix work and that it was necessary to balance the parking needs. Mr. Hanson stated that they have been to Hennepin County three times and that getting approval for parallel parking has been very difficult. He felt the County would not be in favor of diagonal parking. 3 Mound Planning Commission Minutes, October 23, 2000 Voss stated that he was surprised to hear about the plans for a grocery store. Mueller stated that he felt it was appropriate to have Staff give their report at this time. Bruce Chamberlain, the Mound Vision Coordinator, stated that he thought the development was a good overall fit with the Mound Vision Plan. He stated that from a commercial standpoint, the plan has urban character with the buildings brought up to the intersection. He further stated that during the initial discussions about this site, he had stated it was important that the residential portion make a strong connection with the commercial portion. Mr. Chamberlain felt that this plan does a good job of uniting these two portions. He felt the plan made the retail frontages into urban streetscapes. Mr. Chamberlain stated that Staff had the following specific comments on the plan: · Buildings "H" & "J" are proposed to be located at the street edge with the suggestion of an urban plaza at the 15/110 intersection. High-quality street-side faqade treatments and plaza design will be critical - especially since there will be long building facades without retail entries. · The relationship between retail building 'T' and the closest residential flat could either be uncomfortable or extremely interesting and unique - depending on how the area is fenestrated. Staff suggests that particular design attention be paid to this small area. · Since there is a gap in building facades between buildings "H" and "J" along 110, that stretch of streetscape should be given special attention to ensure an interesting and attractive edge. · The site entry off of Lynwood Boulevard and the follow-up driveway split between the commercial entry and the residential entry seems to need greater attention and possibly more formal urban character. That could occur through use of a round-a-bout or similar street element. · The sketch plan suggests a strong pedestrian connection past the commercial storefronts between the residential neighborhood and the core downtown. A high level of streetscape treatment will be necessary to make pedestrians comfortable in using the connection. · The plan suggests that the residential development be mostly inwardly focused. This is of special note on Elm Road where there are existing homes facing the development site and new homes facing away from the street. Special treatment should be given to the green space south of Elm Road to minimize the negative impacts of back yards facing the street. · Design of the ponding basin needs to be well conceived in order to make it an amenity to the neighborhood. The City Planner stated that the residential site would be downtown residential. He stated the parcel is zoned RI, K2, and B 1 and that it would all be rezoned to a planned development area. He further stated that the residential portion includes a pond and park sites. Ninety-nine units are proposed for this making this a medium density residential. He stated that in the past, the 4 Mound Planning Commission Minutes, October 23, 2000 Planning Commission had discussed the possibility of greater densities by building four to five story homes instead of the two to three stories being proposed in this plan. The City Planner stated that in general town homes are often short of parking, but this plan does provide for extra parking bays on the 24-foot wide private streets. Weiland asked whether the streets would be wide enough for fire tracks. The City Planner stated that 24 feet is acceptable. The City Planner stated that the disposition of the U.S. West cellular tower is still being explored. The City Planner stated that he is concerned about the level of detail shown on the grocery store. He stated that the proposed parking is 325 spaces, which is short of what the code requires. He further stated that Staff would like to see the access drive aligned with Church Road. The City Planner stated that Staffhad originally proposed getting the parkland in one piece, but the Park Commission liked the urban approach that was presented. Staff has asked Metro Plains to provide tot lots and park improvements and are currently working with the developer on this. He stated that the City intends to be involved in the plans for the pond with consideration to using it for ice-skating. Brown asked whether the type of arrangement that exists at Centennial Lakes in Edina is being considered as far as a full water lake that can be used year around. Mr. Hanson stated this type of use was under consideration. He stated it would be necessary to stabilize the water level and aerate the pond. Mueller confirmed that the purpose of a sketch plan review was to let the developer know what was comfortable and what was not. The City Planner agreed that this was essentially the purpose. Mueller stated that the buildings on the interior in the residential area were less dense than originally discussed and further stated that he thought the buildings on the perimeter should be less dense. The City Planner stated that the perimeter of the development was, in fact, park space. Mueller again expressed his dissatisfaction with receiving the Staff information so late. He questioned Mr. Chamberlain about his report stating that the first long building on the faCade would not have a street entrance and wondered if that would alienate the downtown focus. Mr. Chamberlain stated that this issue was addressed by putting some smaller retailers in the comer of the grocery building where the plaza is located. Mr. Chamberlain stated that in the next round, Metro Plains would provide more detailed drawings. Mound Planning Commission Minutes, October 23, 2000 Voss questioned whether planning for a grocer as the anchor was wise. He stated there were two grocers in Mound that are currently struggling. He wondered how this comer would appear if the grocer did not succeed and a large building was left vacant. Ms. Anderson stated that the grocer is the key in delivering the better tenants. Voss asked what consideration had been given to the possibility that a new grocer would hurt the existing businesses. Ms. Anderson stated that traditionally a new store would raise the quality of service in the existing stores. Mr. Chamberlain stated that this site has always been destination retail and envisioned with a larger retail store. Mueller stated that he did not feel that the trails and walkways make a connection to downtown. He did not see how the pedestrian flow would work. Mueller further asked what the distance was from the back of the buildings to the adjacent properties. Mr. Madsen stated that the distance from the back of the homes to the adjacent properties is 65 feet. He further stated that the sidewalk system runs from patios to the park and down into the retail area. Mueller asked whether there would be walkways around the pond. Madsen confirmed that the walkways would connect and would go around the pond. Voss asked whether consideration had been given to putting in more senior housing, including rentals. Larry Olson, the developer, stated that when he first became involved with this, he listened to the needs in Mound and was told that housing for empty nesters and professionals were needed. Voss asked whether the market research that determined what the needs were would be made available to the Planning Commission. Mr. Hanson stated that they had talked with realtors and Maxfield Research, but no written report was produced. He stated that a report could be obtained if necessary. Brown expressed his concern that bringing a new grocer in town would hurt the existing grocers. Mr. Olson stated that the existing grocers would not be excluded from any discussions on who the tenant would be. Glister asked what the price range on the residential housing would be. Mr. Hanson stated that the base price would be $150,000 to $180,000. Voss asked when the preliminary plat would come before the Planning Commission. The City Planner stated that the preliminary plat would be presented at the next meeting and would move on to the City Council in December if at all possible. 6 Mound Planning Commission Minutes, October 23, 2000 Voss stated that he was opposed to the big box building for the grocer as he was concemed about it sitting empty. He further stated that he liked the residential part of the plan. Glister stated that she disagreed with Voss' concerns about the big box building sitting empty as she felt it would be possible to split the building into smaller areas if necessary. Mueller asked what effect the Livable Communities grant, which includes an equity buy down grant, would have on this project. Mr. Chamberlain stated that it is proposed to use the grant money on a portion of the units. He further stated that the grant had not yet been approved and a final program would not be determined until that time. Mueller asked how the grant would open up the area for lower value housing. Mr. Chamberlain stated that the unit quality would remain the same as the others built, but that the grant dollars would be used to bring the total cost down allowing people to qualify for loans. Mueller asked about the easement agreement with the Pond Arena parking. Mr. Hanson stated that the arena currently has 20 stalls and it is being suggested that they expand to 40 or 50 spaces. These proposed spaces are separate from the 325 stalls proposed for the commercial area. Mr. Hansen stated that 95 percent of the time, the arena would have enough spaces, but would need alternative spaces for mainly the high school hockey games. He stated that Pond does have the option to work with some agreements that are already in place in order to utilize other spots. Mueller stated that in regard to the proposal of private streets it would create the right to have a gated community and he wondered if that would be conducive to downtown. Mr. Hansen stated that a gated community is not the intention here. The private streets are requested because public streets with the required right of ways would impede an urban style development. The City Planner stated that the issue of public versus private has been discussed as great length. Staff feels that the qualities of this development would not work with public streets. Mueller asked whether this would set a new precedent. The City Planner stated the difference is that many of the prior developments were town homes with greater driveway separation. Jon Sutherland, City Building Inspector, asked what the size of the proposed residential units was. Mr. Hansen stated it was 1200 to 1600 square feet but nothing was set on this. Voss stated that he would like to hear from the citizens present if the Chair would allow. Michael stated that this was not a public hearing, but he too would like to hear input from the citizens. Mound Planning Commission Minutes~ October 23, 2000 Brett Stufemges stated that he was the renter in the home that currently exists on this site and that he and his family will be the only people displaced by this development. Mr. Olson stated that no purchase agreement for the home Mr. Stufemges is renting has been finalized. He stated that he was willing to meet with the family to discuss their displacement. James DeMarais, Glenwood, stated that he was concerned about the main entry of the arena being in a high traffic area and also he was concerned about where the snow from the lots would be dumped. Mr. Hanson stated that the entry would be moved to the west of the building and a protected drop off would be created. Peter Johnson, from the Pond arena board, stated that they have been meeting with the developer and that they feel this is the best plan that they have seen. He stated that the entry could be moved and screened and that the issue of the extra parking needs occurs approximately ten times per year. He stated that when the arena was built, the school and church agreed to allow the use of their parking lots, but that no formal easements were granted. He stated that the arena hopes to reach an agreement for joint use of parking. Peter Meyer, 5748 Sunset Road, asked where the baseball, football and soccer fields would be located. Michael reminded Mr. Meyer to stay focused and further stated that those fields did not currently exist on the site. Mr. Meyer asked where the warming house and restrooms would be located for the skating pond. Michael stated that the Commission was taking public comment focused on the sketch plan presented only. He reminded Mr. Meyer to stay focused on the Planning Commission's agenda and not his agenda. Michael further stated that he realized Mr. Meyer would say that the Planning Commission was not friendly, but that the Commission had always allowed him to speak. Mr. Meyer stated that in regard to the proposed tot lot, the City of Mound cannot maintain the parks it has. He further questioned the proposed grocery store as he did not feel it would provide for the needs of the citizens. He suggested the City purchase the Mueller property for use as parking. Mr. Meyer sated that he did not think it was appropriate for the Planning Commission to get the information on this development so late. He was concerned that there was an effort to push the project through without proper consideration. He then stated his appreciation for being allowed to speak. The City Planner stated that he wished to clarify Mr. Meyer's statement about the tot lot. The City Planner stated that the Park Commission requested that a tot lot be included and he wondered if Mr. Meyer was speaking on behalf of the Park Commission tonight. Mr. Meyer stated that he recalled discussing parkland, but not a specific use. Mound Planning Commission Minutes~ October 23, 2000 Brown stated that this project is not being pushed through and has been on the agenda prior to this. Metro Plains has worked diligently to define the plans. He then asked whether the tot lot was going to be built by the developer. Mr. Hanson stated that the tot lot is still a discussion point and that it did result from the Park Commission meeting. Brown requested that the developer keep the Planning Commission informed as to how they are working with the local business concerns. Burma stated that in reviewing the Park Commission minutes included in the packet, he did not see any objection to the tot lot raised by Mr. Meyer and he resented having the Commission time taken up with this. He also stated that he has concerns about the possibility of 4 or 5 story buildings going into the residential area and felt that the neighbors should be aware of this if this is the direction being considered. Glister inquired how far the U.S. West cellular tower was required to be from the residential area. The City Planner stated that there is a clear zone of 1 ½ to 2 times the height of the tower. He stated that the variance does allow the tower to stay and that location of the tower is still a bridge to cross. MOTION by Voss, seconded by Brown, to move the sketch plan forward, as presented tonight, to the preliminary review status which will specifically address all comments, questions, and concerns of the City Commissions, City Departments, and Staff. Discussion: Mueller stated that this is not an issue to be taken lightly and it is very important to allow enough time to discuss. He stated that normally the Commission gets the items that are varianceable including lot size widths, setbacks, and hardcover. He stated that these items have been required of all other developers and that there is no mention of them in the Staff report. Mueller stated that he felt the glibness on the part of the Planning Commission was inappropriate. The City Planner stated that the largeness of this project means that the details will be honed as it is discussed. He stated that tonight was a first opportunity to look at the plan, but that the detail cannot yet be defined. Mueller asked whether the City Planner was stating that other developers have not given a defined plan at the sketch plan review. The City Planner stated that he was not saying that; but that this is a different style of development and would require a different approach. Michael stated that he had originally met with the developer last spring and at that time it was discussed that when the developer had a plan, he would bring it before the Commission and they could kick some ideas around. Voss and Brown both agreed that this was their understanding of the meeting. 9 Mound Planning Commission Minutes, October 23, 2000 Mueller stated that Staff is saying this is coming back in two weeks with the preliminary plat. This would be the Commission's only chance to give their opinion on this. Michael pointed out that the Planning Commission could stop the preliminary plat if desired. Mueller stated that there were time limits on how long the Commission could hold the plan before it would move on without their approval. The City Planner stated that 120 days is allowed for plat approval, but if the Commission holds the plat up, it puts the City Council behind. He further stated that the developer is in attendance tonight asking for the Commissions' ideas and that there is an obligation to stay on track. Brown asked for confirmation that if the Commission is not comfortable with the plat they can ask the developer to withdraw and table the issue. The City Planner confirmed this was correct. Mueller stated that the Commission would still feel a need to get it done. He stated that the sketch plan was the time to decide variance issues. Mr. Chamberlain stated that the sketch plan is intended as an introduction and does not require Staff review. He stated that because a preliminary plat has not been submitted, the variance items are not known. Mueller asked what Staff had recommended when Rottland asked for private streets. The City Planner stated that Rottland asked for public streets and that was what went forward. Mueller asked how Staff felt about the proposal of 9.3% of parkland. Michael stated that the Planning Commission would not allow 9.3% of parkland as the Code stated 10%. He further stated that there would be issues about the public versus private streets. He warned the developer that the Commission would be looking very closely at the preliminary plat. The City Planner stated that technically a motion was not required. Brown stated that he and Voss wanted this in writing in a motion format. Michael called the question. AYES: 8 NAYS: O Motion carried. Voss asked whether one entire meeting could be dedicated to the discussion of the preliminary plat. Michael stated that according to the work roles, the chairperson can dictate the agenda and he asked Staff for a one item meeting. 10 Mound Planning Commission Minutes, October 23, 2000 The City Planner stated that this would need to be discussed, as there are other Planning Commission issues in process. He suggested that perhaps a special meeting could be called. Michael called a break at 10:05 p.m. Michael called the meeting back to order at 10:17 p.m. Mueller asked about page 10 of the meeting packet where he has asked that the HRA defer to the Planning Commission on any changes to the proposed Park and Ride. Brown stated that the issue of the Park and Ride was addressed at the last meeting and the new plan improves the feasibility of the development with the hotel and farmers' market. Mueller asked whether Brown was stating that the Planning Commission should have no input on changes to the Mound Visions Plan. The City Planner stated that he was not sure what happened here. Mueller stated that the Planning Commission has once again been pre-empted by the HRA. Brown stated he would bring the issue to the HRA. Mueller stated that the Planning Commission should be reviewing all changes. The Planning Commission agreed that they should be reviewing changes to the Mound Visions Plan. Brown conceded that a mistake had possibly been made. Brown made a recommendation to Staff to remind them that any changes to the Visions Plan need to come back to the Planning Commission. 1.2 SIGN ORDINANCE SECTION 365. MOTION, by Mueller, seconded by Voss to approve Staff recommendation. Weiland stated that he wanted to look at the last paragraph. Michael stated that most cities allow 4 feet without a permit. The City Planner asked whether 3 feet would be enough. Michael stated that he thought this should be 4 feet. Amendment by Mueller, seconded by Voss to amend Staff's recommendation to 4 square feet. Michael called the question. 11 Mound Planning Commission Minutes, October 23, 2000 AYES: 6 NAYS: 2 (Weiland, Hasse) MISCELLANEOUS: 1.3 DRAFT HRA MINUTES OF OCTOBER 10, 2000. 1.4 DRAFT CITY COUNCIL MINUTES OF OCTOBER 10, 2000. 1.5 DRAFT POSC MINUTES OF OCTOBER 12, 2000. ADJOURNMENT: MOTION by Mueller, seconded by Brown to adjourn the meeting. CARRIED: 8-0. Chair Michael adjourned the meeting at 10:45 p.m. MOTION Chair Michael 12 - MENTALf WAYS &MEANS FORTHE PUBLIC SECTOR How to Become a Better Governing Board Member As a governing board member, you fill an important role for a public sector entity. Your obligation is virtually the same for any type of organization you serve or the number of years that you are involved. Your general responsibilities revolve around three basic duties: the duty of care, the duty of loyalty, and the duty of obedience. Duty of Care This duty is fulfilled ~vhen a board member acts in good faith in all dealings with. and on behalf of, the organization. An individual's actions are measured against the "reasonable person" standard; in other words, how an ordinarily pru- dent person acts in similar circumstances. In evaluating your performance as a board member, ask yourself these ques- tions: · Am I sufficiendy informed to vote on and evaluate potential problems! · Are board and committee meeting minutes sent to and reviewed bi.' mem- bers in advance of meetings? Are the organization's ne~vsletters. magazines, or other publications viewed to assure adherence to the ex- empt pm?oses? Are periodic financial reports, includ- ing comparisons with budget amounts, received regularly? Do independent consultants possess adequate knowledge to provide ex- pert advice when needed? Are board meetings long enough to allow adequate discussion of the sues? · Are there sufficient long- and short- range plans ? · Are approved plans monitored to as- sure accomplishment of objectives? · Are financial budgets for one- to three-year periods developed and ap- proved before the start of the fiscal year? · Is ratio analysis conducted on finan- cial statements? · Do staff members develop feasibility plans for proposed projects ? · Is the organizational structure ad- McGladrey, Inc. Business Solutions RSM Third Quarter 1999 · An update on new governmental regulations · Charitable giving jumps in an economic boom equate to assure an efficient and ef- fective operation? · Are internai financial controis in place ? · Is an annual audit conducted by an independent auditor when required by law, other regulations, or require- menu? · Are duties de!egated sufficiendy? · Are personnel policies spelled out, published ir,, a manual, and moni- tored at [east annually by a board ' committee? · Is investment performance for endow- ment, working capital, and restricted funds monitored regularly! Duty of Loyalty This dui7 involves acting in the best interest of the organization at att times. Most board members are familiar with the need to avoid conflicts of interest. In fact, many organizations have formal conflict of interest policies, which re- quire board members to acknowledge their compliance in writing. While this certainly is an important element of loy- continued on page four FUN[D^,,V,,EhrrALS 4 Board Member co~m~e~/'rom/>~e one ally to the organization, this duty has a much broader reach. At times, being loyal to the organi:ation may mean heip- lng the organimtion achieve a new, broader, or narrower s~ra~e~ic direcuon or aepping aside to allow room for new individuals on ~he board. As a board member, some key queaions ~o ask in- dude ~he following: [ Is my oversight and supervisory role appropriate ~o my position, as op- posed ~o an operauonal and mana~e- men~ positioa~ · Do ~ regularly a~en~'bo~rd meetings and committee m~etings~ ] Do I have allegiance :o ~he or~aniza- don~ [ Have I avoided conflicts of in~eres~ wxh ~he organi:auon~ · Does :he or~ankauon have a polic~ and procedures for documendn~ self- interested ~ransacuons when conflicts of in~eres~ are unavoidabie~ · If ~here are common or overlappinl boards for affiliated en~i~ies, are deci- sions evaluated from ~he perspective of ail ~he involved enddes~ · Is ~here a system for iden~i~'ing new board members~ [ Is ~here a syaem for ~he romuon of members on staggered ~e~s~ · Is there a new board member orienta- tion program? Duty of Obedience Organi:auons operating in the punic sector exist to fulfill a public need and have an obligation to operate in a man- ner that fulfills the stated purpose or mis- sion as defined in the articles of incorpo- ration, bylaws, application for tax-ex- empt status, and other official docu* ments. Board members have a duty co follow the direction set by these govern- ing documents, as well as ro oversee compliance with laws and regulations that affect r_he organi-arion. Consider: · As a board member, have I read the charter and byIaws? · Did I review the mission statement and other documents ? · Am I informed about significant con- tractual lawsuits or potential claims on assets ? · Do I know the intended beneficiaries of the exempt activities? · Am I satisfied chat resources are dedi- cated and used in accordance with the organi:ation's mission and pur- pose as defined in its official docu- ments ! · Is there a system in place to assure compliance with local, state, and fed- eral laws and regulations, and am I familiar with these laws and regula- tions? Want to Learn More? Each state is going to have specific laws and regulations that govern your performance as a board member. If you are interested in learning more about these specific responsibilities, ~ve suggest that you contact the Charities Division of your State Attorney General's office. ~ [nformalion provl0ed in this DUblicatJon r~as been obtainea Dy RSM McG-laOrey. !nc. ~om sources believed to be reiiable. However, ,=[SM Mc,Giaorey guarantees neither the accuteC'/nor completeness cf any information anti is net resoonsible Ior any errors or omzss~ons or for results obtained by others as a result of reliance u~xm sucn information. This DuDlicatJon does not. and is not in[encleo to, proviOe legal, tax. or accounting advice. Visit our WeD site al www. rncgiadrey, com. For aociitional co~es of trlis newsletter, aadress changes, cr any additional information, contac~ your local RSM McGladrey Office. ©1999 RSM McGiaorey, inc.. pnnted in the U.S.A. FUNDamentals Third Quarter 1999 iTITT'"IIITTI'T'ITT'TITI"I'I'I f0[[-~6~ ~ ~S ~S q~S ~0~ NO$S~x/ ~0 X~ID ~OStt~TB SIONhDI fLO IO~OEZ~6gg- 'ou1%aJPelOOlAl 10-18-2000 ll:20AM FROM ASSO IA.TION 4 · MN Chiefs of Police Rssn TO Len Information for Association Your Minutes Should Not be a Blow-by-Blow, Account The most frequent problem with minutes is facie evidence of the adoption of a resolution by the that they tend to become a near-transcript of board. Various third parties, such as banks and title the board meeting. The executive (or hoper companies, can rely on duly certified minutes as fully, an assistant) is required to ensure thatevidence of valid board actions, Anything else one every word is recorded-often both electroni: finds in minutes, which is not in some wa5, germane tally and manually. Moreover, the minutes to providing e,'idence of valid actions, is surplus. become a son ofgarbage.can-a mini-Congres, sionalRecord-where 2. Minutes may be in- everyboardmember Are your minutes up to specter by dissident is encouraged to .. members. You should deposit any piece of snuff? Or are they a never assume that minutes paper Lhat remotely wordy hodgePodge that will be seen 0nly'by board involves the ass0- ' members and key staffand elation. If you are could expose Your esso- w/11 never reach individu- one of these execu- clarion to danger? Has a~s with different motives tires, you appreciate · than your own. Most how difficult, time-your association revel- members' inspection of consuming, and opedbad.habil's when it minutes is a routine event, un. rewarding it is to but when a dissident mem- - keep minutes in this comes to minutes? ber is intent on harming the manner. These board or a board member, habits are hard to quite a different proposi- change because board members like to see . fion is presented. A dissident member will give the their names in print. After all, if a board most negative, damaging interpretation possible to member makes a statement at the meeting, it a board member's comments as reported in the is, by that board member's definition, signifi- minutes. Blow-by-blow minutes just make things cant. easier for the dissident member.and stickier for the board. Why You Should Keep Them Short 3. Minmes ma}, be inspected by regulatory There are important reasons-both from a legal agencies. Your association may be subject to an and management standpoint-to avoid blow- antitrust investigation by the U.S. Attorney Gen- by-blow minutes, eral, the Federal Trade Commission, or the California Secrete.tv of State. These agencies come to your 1. Minutes ser~e a critical legal put- officestSdocumemviolationsoftheantitrustlaws. pose. The legal function of minutes is to They are prone to interpreting any statements in provideevidenee of valid actionsbytheboard, the minutes again.qt your board members. They are By law, a certified cop3' of the minutes prima continued on page four 18-18-2000 11: ZJgM HROM THE. EXCHANGE MN Chiefs of Police Assn TO :---Minutes... Harrell P.03/03 continued from pase one: review an), tapes of Meetings that you have inadvertently retained. Becau~ these tapes are entixely unedited, they are highly suitable to reinterpretation in ways that were never intended. What You Should Include The minutes arc the association's official record of valid actions by the board. Therefore, the nfinutes' primary functions are to demonstrate that a valid action has been taken and to accurately state the action. , The minutes, therefore, must include a recitation of the board's compliance with the basic elements of a legal meeting (i.e., the prerequisites of a valid board action): call, notice; place; date and time of meeting, roll call, determination of qu0mm, and proper vote. fl'he requiu'ements for meeting by conference call are the same. Actions taken without a meeting by ufianimous consent must be stated in a comparable manner and filed with the minutes.) The minutes do not require the name of the one who made the motion or who seconded the motion. However,:your association may lure 'imposed that requirement on 'itself by adhering to a particular parliamentary procedure, such a.s Roberts Rules of Order· em/laxly, there is no requirement to state the manner in Which an dividual director voted, the only requirement being to:state that the resolution passed by the required margin. However, when- ever a board member requests that his or her negative vote be recorded on any particular resolution, *he request should be honored, especially when the board Member is concerned about potenfi~ liability that might.arise out of an affirmative vote· What You Should Leave Out 1. Board members' comments. If the primary purpose of the minutes is to serve as legal evidence of board actions, then it is not the prim..ajTy purpose of the minutes to record the comments of board members. This includes those comments, leading up to the passage of a resolution unless those comments are essential to a proper understanding of the resolution itself. 2. AssiDunents to staff. Is your association one that uses the mimites for various extraneous purposes such as assigning ms-ks to committees or staff?. You should ask whether items of this nature need to be recorded in the minutes themselves. Soon after the meeting the assignments are usually of little conse- quence, whereas the actions of the board am .required. to be reported and presented in the minutes for future reference. 3. Repons. Some associations are not certain how to process board and comminee reports So they append them to the minutes. These reports should not become p-art of the which are designed to report the board's own actions. ritten committee reports are not normally made part of the minutes. The on. ly exception should be when a particulhr repor( is deemed necessary to ensure accurate interpretatiofi by th~ board. Therefore, a com_m_ittee report might be handled asifollowsi "The president announced that the committee had provided its report to the board before the meeting..Thereafter, the board engaged in a brief question and answer'session with the committee chair to prepare an appropriate resolution for presentation at the next board meeting." 4. "When in d°ubt, leave it out. ~Iris rare that you Fill hea~ leeal counsel advising you to err on the side of excludirig some-.. th~ng f:mm a written document. }-Iowevir. in the case of hTfinutesi that is our best advice. There seems to be a widespread, ir/esistiblq temptation to include virtually anything:in the minutes..In some associations, the minutes become huge'rec, eptacles that contai'~ words and documents unworthy of keeping anywhere else. ~ Bow You Should Prepare Them You should ensure that >,our association erases any tape afterit hasi sen'ed its purpose-assisting you in preparing the minute~. Be~ ),et, you should avoid taping meetings at all. (Note that the needi to tape diminishes sig'nificantly wh. en the minutes are pfimari:lyI focused on recording actions taken by ,the'board.) ,: The chief execuuve officer or designee should rewew proposed~ minutes. Any prevmus drafts of the rmnutes (and notes to prepare[ the drafts) should be discarded. The final draft of the proposed{ minutes should be routinely reviewed by le,*al counsel tO ensureI compliance with various legal requirement~ including hntitntstl and tax issues. It wilt be necessaB, to have the proposed minutesI approved by the board, usu',dly at its next meeting. Minutes are extremely important. First, they serve as prima faciei evidence of board actions. As a matter o'f corporate law,:minutesl supersede any statements made at the meeting because!it is the! minutes that se~'e as evidence of a board' s actions, not statements· at the meeting. On one hand, it is important that the minutes accurate and' comprehensive so that they include venous items:. documenting that valid actions were taken at a proper meefin& such as notice, quorum, and vote· On ~he other hand, minutes: should be specific, focused, and relevant because idle, ~neditedl ' statements may cause more harm than good. .,.. It is part of your responsibility to educate your board. members about the pro.per function of minutes and their,' content. You May want to clip this article, or cop5, it fol' inclusion in your board packet. You should teifforce tfiis message at your board orientation so that each bbard mimber understands the value of minutes that are short .and to the point. James G. Seely, Senior A,orn©' with Association Legal'. Sen,ices, specializes in representing trade and pr°fessibnal associations and their affiliates. He can be reached:at i415 ) 989-1122. : o ,ot r 2oo0. Ocus City of Mound Leaves Cleaning Day Nov. 4, 2000 This is our analysis of the cost to take and dispose leaves at City Hall: Bins ( 1 per hour ) P.W. Maintenance Personnel Loader + Operator Skidster + Operator $4,504.00 330.30 800.00 640.00 Subtotal 6,274.30 General Overhead 627.43 Total $6,901.73 T.R.A.C. Tracking Repeat and Active Criminals October 26, 2000 The Honorable Jesse Ventura Governor State of Minnesota 130 State Capitol 75 Constitution Avenue Saint Paul, MN 55155 Dear Governor Ventura: Thank you for supporting Katie's Law last year. By signing it into law, you demonstrated to victims, their families and all Minnesota citizens that public safety is a priority for your Administration. But more importantly, Katie's Law was the first step toward much-needed reform in our criminal justice information systems. Katie's Law is the foundation for CriMNet, a statewide system that will give police, sheriffs, judges, prosecutors, probation and corrections officers something they do not have right now: the information they need to do their jobs. This information will help hold the system and the offender accountable by ensuring that crime fighters have complete, detailed and up-to-the- minute profiles of individuals who have been detained or suspected of a crime. Right now, far too many criminals slip through the cracks because not enough names are linked to a fingerprint, or because computers can't "talk" to one another to share necessary information. Every few weeks, we see another story about someone who has evaded the system, or we hear about officials who were unaware of an important criminal history. Many of these offenders go on to re-offend, creating new victims and harming more families. Therefore, it is critical that we move from the first step to the next step, by fully updating our state's criminal justice technology infrastructure from the 1970's to the 21st century. We cannot do it alone. A broad-based, bipartisan group has worked for than a year to develop a sound model for implementation. The proposed model also enjoys the support of Minnesota's business community leaders, who have reviewed the project to ensure its feasibility. But a reform this vital and far-reaching will require the support and leadership of the state's top executive and legislators. So today, we urge you and the Minnesota Legislature to provide the leadership and level of funding necessary to support full statewide implementation of CriMNet. We are encouraged by principles outlined in the "Big Plan," which highlight the very same themes of accountability and information sharing that CriMNet was designed to address. In the 2001 session, we have not just an opportunity, but an imperative to improve the effectiveness of Minnesota's criminal justice system and make Minnesota a safer place for us all. Sincerely, Citizens for a Safer Minnesota, Minnesota Business Partnership, Minnesota HEALS, Stop Gun Injuries and Death Coalition, Target Corporation and WA TCH Robert J. Ulrich Chairman and CEO Target Corporation Duane Benson Executive Director Minnesota Business Partnership Patty Wetterling Jacob Wetterling Foundation Senator Jane Ranum (DFL-Minneapolis) Chair, Senate Judiciary Committee Minnesota Senate Senator Becky Lourey (DFL-Kerrick) Chair, `4bduction Task Force Minnesota Senate Representative Rich Stanek (R-Maple Grove) Chair, Crime Prevention Committee Minnesota House of Representatives Erin Murphy Executive Director Citizens for a Safer Minnesota Ellen Luger Executive Director Minnesota HEALS Robert K. Olson Chief of Police City of Minneapolis Dennis Delmont Executive Director Minnesota Chiefs of Police Association Jim Trudeau Executive Director Minnesota Sheriffs Association Sharon Sayles Beiton Mayor City of Minneapolis Jill Heins Nesvold Stop Gun lnjuries and Death Coalition Patrick D. McGowan Sheriff Hennepin County Richard Larson Community Police Officer City of Faribauit Bill Clark Chief of Police City of Mounds View Amy Klobuchar County ,4 ttorney Hennepin County Reverend Devin Miller New Beginnings, Pilgrim Baptist Church Cheryl Thomas Executive Director WATCH Todd Miller Chief of Police City of White Bear Lake Robert M. A. Johnson County `4 ttorney Anoka County Jim Backstrom County `4 ttorney Dakota County Mark Stenglein Commissioner Hennepin County Kathy Thurber Councilmember, 9~ Ward Chair, &ICC City of Minneapolis Joe Biernat Councilmember, 3nt [Yard Vice President, City Council City of Minneapolis Jay M. Heffern City `4ttorney City of Minneapolis Jan Smaby Director of Community Corrections Hennepin County Mike Opat Commissioner Hennepin County Kevin S. Burke Chief ffudge Fourth Judicial District T.R.A.C. Tracking Repeat and Active Criminals October 31, 2000 Dear City Manager: Minnesota is taking important steps to develop a uniform criminal justice information system. Building and implementing an integrated, statewide system will be the most significant contribution to a safer Minnesota in many, many years. What will this system mean? Let us share two examples: After being released on a $5,000 bond, Doug Welsh fatally shot his ex-wife. Welsh had pleaded guilty to a gun charge, but without the benefit of his criminal history, the judge thought the case before the court was an isolated incident. Unknown to the court was Welsh's record of domestic abuse including at least two previous threats against former girlfriends. Donald Blom, convicted in the Katie Poirier kidnapping and murder, had 14 aliases and multiple felony convictions but they were not all captured in one unified information system. In both of these cases, extremely important information was not readily available to local law enforcement persons. It is possible that these tragedies could have been prevented if only the information on these criminals was complete and easy to find. The benefits aren't just in the headline-grabbing cases. A more efficient and comprehensive system of tracking criminals and their history will make it easier for law enforcement departments, prosecutors, probation officials and the courts to do their jobs. What will it take to develop this system? First, adequate funding is needed. As you know, the Minnesota Legislature with the support of Governor Ventura passed Katie's Law (named after Katie Poirier) in 2000. This bill provided $12 million as the first installment for the implementation of the state's blueprint for an integrated criminal justice information system known as CriMNet. The first installment was to be used to begin purchasing electronic digital fingerprint and photo-imaging equipment, which is essential for any statewide system. In addition, several major counties have completed the design phase of this project and are moving toward implementation. The next round of funding is critical to ensuring that these counties are able to implement the prototype. In addition, these dollars will assist other counties around the state to do the design work necessary to become a part of CriMNet. Page 2 More funds are needed. Enclosed is a copy of a letter to Governor Ventura urging his support for funds in the next biennial budget. As you will see, the breadth of support for this effort--from law enforcement to the business community, from government to citizen groups--is truly impressive. Second, the initiative will continue to rely on cooperation. Early study tells us that once fully implemented, the statewide system will be more efficient as well as more effective and comprehensive. But there will be some costs. We are asking the state to take the lead in this investment, and not to impose unfair and unaffordable burdens on local law enforcement and local government. We hope you will join in supporting this effort to make Minnesota safer. Please call or write the Governor and let him know of your support. Thank you. Robert Ulrich Chairman and CEO Target Corporation Senator Jane Ranum (DFL-Minneapolis) Chair, Judiciary Committee Minnesota Senate Duane Benson Executive Director Minnesota Business Partnership Representative Rich Stanek (R-Maple Grove) Chair, Crime Prevention Committee Minnesota House of Representatives