The URL can be used to link to this page

2001-05-08PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. The City of M0Und, through te~w°rk and ¢°°perati0n' Pr0~id~ a~a f~'~o~abi~ ~''~' , the needs of all citizens, fostering a safe, attractive and flourishing commUnity, AGENDA MOUND CITY COUNCIL TUESDAY, MAY 8, 2001 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. o OPEN MEETING - PLEDGE OF ALLEGIANCE APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA * A. APPROVE MINUTES: APRIL 24, 2001 REGULAR MEETING MAY 2, 2001 SPECIAL MEETING *B. APPROVE PAYMENT OF CLAIMS *C. APPROVE PERMITS FOR 2001 FIRE DEPARTMENT FISH FRY *D. APPROVE 2001 LMCIT INSURANCE RENEWAL *E. APPROVE VOICE STREAM CELL TOWER ANTENNA AGREEMENT *F. APPROVE UPDATED JOINT COOPERATIVE AGREEMENT AND CONTRACT FOR FIRE SERVICE WITH COOPERATING CITIES COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. (LIMIT TO 3 MINUTES PER SPEAKER.) DAN PARKS OF MFRA, WITH UPDATE ON STORMWATER MANAGEMENT PLAN APPROVAL AND PERMITING AUTHORITY CONSIDERATION/ACTION APPROVING RESOLUTION APPROVING PRELIMINARY LAYOUT NO. 11 FOR CSAH 15 & 110 INTERSECTION AND CSAH 15 REALIGNMENT RH DEVELOPMENT - LANGDON BAY FINAL PLAT: CASE # 01-12: BRENSHELL HOMES - LANGDON WOODS FINAL PLAT: CASE #10-13 PAGE 6898-6905 6906 690%6922 6923 6924-6927 6928-6949 6950-6964 6965-6983 6984-6989 6990-7041 7042-7081 10. 11. 12. 13. 14. 15. pLEASE TUP~ O~ AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. PLANNING COMMISSION RECOMMENDATIONS Ao JOHN SHAUGHNESSY: 6024 CHERRYW00D CASE #01-06: VARIANCE CASE #01-08: MINOR SUBDIVISION CONSIDERATION/ACTION ON STAFF RECOMMENDATION FOR APPLICATION OF WOODLAND POINT DECISION TO OTHER PRIVATELY DEDICATED COMMONS PROPOSAL REQUESTING AUTHORIZATION FOR EXPENDITURE TO ADD CITY-OWNED DOCK AT BEACHSIDE SOUTH DISCUSSION OF ISLAND PARK HALL PRESERVATION AND USES CONSIDERATION/ACTION ON NUISANCE ABATEMENT ORDINANCE: CHAPTER V, SECTION 1000 DECISION ON CITY DAYS PARADE INVOLVMENT INFORMATION/MISCELLANEOUS mo B. C. D. E. F. G. H. I. J. K. L. M. LMC Friday Fax LMCD communications Mound Police Department monthly report: April 2001 Letter: Mediacom on services and rates Mound Westonka communications Letters: City of Shorewood on phosphorus fertilizers AMM Fax News FYI: Letter of thanks to VFW for donation AMM Annual Meeting notice Urban Hennepin County project status report Zero Gravity Skate Park task force meeting minutes Westonka Senior Center news letter Hennepin County Assessor's Report: 2001 Open Book Meeting 16. ADJOURN This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. agendas may be viewed at City Hall or at the City of Mound web site: www. ci .tyofmound. com. 7082-7120 7121-7167 7168-7172 7173-7226 7227-7236 7237-7238 7239-7240 7241-7242 7243-7244 7245-7246 7247-7251 7252-7258 7259-7264 7265 7266 7267-7270 7271-7272 7273 7274-7277 More current meeting COUNCIL BRIEFING May 8, 2001 HRA MEETING, DUE TO LACK OF AGENDA. #3.E. Voice Stream Contract The contracts we are securing for antennas on our water towers offer the City a unique opportunity to generate revenues that are applied to the General Fund and offset the cost of doing business. We continue to negotiate excellent agreements and bring in great rents. This agreement is the work of Loren Gorden along with Bob Vose of Kennedy and Graven. Both have represented the interests of the City well in these negotiations and the proof is this very lucrative contract. #3.F. Fire Service Contracts At the request of one of the contracted cities, the Fire Department has generated an updated contract. The new contract is a three-year contract and better reflects the times. The changes do not materially affect either party. The contract is the product of the Fire Chief, Finance Director, and the City Manager, with review performed by attorneys at Kennedy and Graven. #6. CSAH 15 & 110 Preliminary Plan The open house on this topic last Thur proved the support for this new alignment and accompanying streetscape improvements. Having been on the burner for literally years, it is my belief that those affected are fairly well resigned to the new road and what that means for many of them. Attached is the unabridged schedule of events. This very aggressive schedule must be maintained for this project to be completed in 2002, and to facilitate the other redevelopment plans currently in place. A cooperative agreement assigning the responsibilities will be ;ented at the April 24 meeting. #10. Privately Dedicated Commons Staff is receiving countless calls from mostly Dreamwood Subdivision residents regarding the future of Dreamwood's commons and the dock program located there. To deflect the possibility of this developing into a lawsuit, staff has conferred and is recommending a proactive approach. The recommendation puts the issue in the hands of each of the subdivisions. This will minimize the time and the cost for all involved, and expedites the inevitable. Should you approve this recommendation, outcome for each subdivision could be unique, each being the product of their neighborhood, however they may chose. The City would participate as a landowner, not as a facilitator. #13. Nuisance Abatement There is a great deal of call for "cleaning up" the community. The Council has, as various times, reinforced the need to do so. To be clear, Staff is not insinuating any particular degree of enforcement through these discussions. The level of enforcement is a matter of policy and the prerogative of the Council. It is necessary, however, that our policies be reviewed and tightened up in certain areas, especially process, so they stand up when challenged. Project Clean Sweep is being promoted, and will be enforced based on the ordinances as they are adopted. City Manager Report My review should have been performed in April. Due to the size of the workload, I am not prepared to do so. Priorities have been to get three new people hired, keep up with the huge agendas and the redevelopment and to put out a newsletter, which should be out about May 12. Labor negotiations for the three unions also started. I hope to be ready for my performance evaluation at the May 22 meeting. The entire building has been rekeyed for security reasons. To date, Mayor and Council have not held keys. Do you want that to change?? ergonomics specialist reviewed all the workstations and advised employees in all departments how to more perform their jobs. This effort will hopefully cut down on workplace injuries and the cost of health insurance. I am at the City Manager's conference at Cragun's on Gull Wed through Fri this week. Gino is Acting City Manager during that time. I have joined the Taste of the Lakes committee. I am chair of the entertainment committee. Hard to believe, I know!! I have also joined the City Days committee. They are really short of help. The festival is really floundering. Know of anyone who would like to get involved? I am calling for new members. Human Resources Report Jill Norlander from Rockford was hired as Planning and Inspections Secretary. Brian Swartzer from Watertown was hired as Public Service Worker: Parks/Docks. Katy Hoff from Minnetrista was hired as Dock Inspector. Almost 30 resumes were received for the Community Development Director. They will be narrowed to about 12. I will take over from that point. Public Works is really down on help. Two have had surgeries. Others had some family situations. Greg S. is on a well-deserved vacation. Please be patient with pot holes, etc. We completed the street cleaning. Ten houses had sewer backup in the heavy rains. H A IR T E: IR E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com Apfill0,2001 Kandis Hanson City Manager 5341 Maywood Road Mound, MN 55364-1627 ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 *Certified Real Property Law Specialist VIA FACSIMILE 952-472-0620 AND U.S. MAIL Re: Reconstruction of Hennepin County Road 15 Dear Kandis: This is intended as a follow-up to the meeting which you, John Cameron, Brace Chamberlain and I had with Brace Polaczyk, Steve Theis and Mark Stafi~e of Hennepin County about the above matter on Thursday, March 27, 2001. The following is a revised schedule of tasks relating to the County Road 15 project as discussed March 29, 2001' TASK City public meeting regarding preliminary plan City notice to County regarding public comment on preliminary City send draft right of way agreement to County City order title evidence County finalize preliminary plan and send to City City Council approval of preliminary plan County comment on draft ROW agreement TARGET COMPLETION DATE April 26, 2001 April 27, 2001 April30,2001 May 1,2001 May 1, 2001 May 8, 2001 May l5,2001 City and County staff agreement on ROW agreement May City and County order appraisals June City and County letter to owners advising of inspection by June appraisers City and County Order Phase I environmental report City Council approval of ROW agreement City and County receive Phase I environmental report Hennepin County Board approval of ROW agreement City and County receive appraisals 30, 2001 1, 2001 5, 2001 June 5, 2001 June 12, 2001 July 15,2001 July 30, 2001 August 1, 2001 RIL-195472vl MU220-4 *Certified by Minnesota State Bar Association Kandis Hanson Ltr April 10, 2001 Page 2 TASK TARGET COMPLETION DATE City and County order Phase II environmental investigations August 1, 2001 City City City City and County execution of right of way agreement and County receive review appraisals and County determination of just compensation and County send offers to affected owners August 10, 2001 August 10, 2001 August 15,2001 August 17, 2001 August 17, 2001 August 20, 2001 August 30, 2001 September 17, 2001 September 17, 2001 September 22, 2001 City and County send notice of eligibility for relocation benefits to owners and occupants City and County obtain voluntary environmental rights of entry City and County adoption of eminent domain resolution City and County commence eminent domain proceedings. City and County send quick take notices City and County serve petition, notice of hearing on petition and motion for order authorizing entry upon property by personal service Court hearing on motion for order authorizing right of entry Court hearing on public purpose and necessity and use of quick take City and County receive Phase II environmental reports Cotmty complete final plans and specifications City and County approve final plans and specifications City and County deposit or pay quick take amount ("Quick Take Date") County solicit construction bids City start demolition #1 County receive construction bids City finish demolition gl City begin environmental remediation gl October 10, 2001 November 15, 2001 November 15, 2001 December 1, 2001 December 15, 2001 December 17, 2001 January 5, 2002 January 20, 2002 February 1, 2002 February 20, 2002 March 1, 2002 County award construction contract March 1, 2002 City begin demolition #2 City complete envirgnmental remediation gl City begin environmental remediation #2 City complete demolition #2 City complete environmental remediation #2 Construction start Construction completed March 30, 2002 April 1, 2002 April 15, 2002 ~.pril 30, 2002 May 15, 2002 May 15, 2002 November 1, 2002 RJL- 195472v 1 MU220-4 Kandis Hanson Ltr April 10, 2001 Page 3 Please let me know if there are items which should be added to the schedule or other changes which should be made. Very truly yours, Robert J. Lindall RJL:peb cc: Bruce Chamberlain, Hoisington Koegler Group, Inc. (via fax: 338-6838) John Cameron, McCombs, Frank, Roos (via fax: 763-476-8532) Jim Prosser, Ehlers & Associates (via fax: 651-697-8555) John Dean, Kennedy & Graven RJL-195472vl MU220-4 MOUND CITY COUNCIL MINUTES APRIL 24, 200"1 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 24, 2001, at 7:30 p.m. in the council chambers at 5341 Maywood Road, in said City. Councilmembers Present: Mayor Meisel, Councilmembers Bob Brown, Mark Hanus, Klm Anderson and Peter Meyer. Aisc Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; City Engineer, John Cameron, City Building Official, Jon Sutherland; Lorrie Ham, Bill and Dorothy Netka, Gary Strand, Bart Roeglin, Corey Huson, Rick Roberts, Barb Roberts, Steve & Sharon Cod, Phill Mitchum, R. Goodfelow, Todd Landon, Mark Smith, Rene & Wes LaFortune, Andrea Ahrens, Joel Reinitz, Ron Motyka, Julie Weisenborn, Merlin & Connie Woytcke. *Consent Agenda: Afl items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING AND PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:30 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA Councilmember Anderson added 10a, a Planning Commission item, and Councilmember Meyer added 10b, a Parks Commission item. MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA Councilmember Anderson requested that item G be pulled from the consent agenda, and Mayor Meisel pulled item I(1), as requested by a person in the audience. Item 1(2) was pulled from the consent agenda because of a revision received as a handout. MOTION by Brown, seconded by Hanus to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes: April 10, 2001 regular meeting B. Approve payment of claims in the amount of $284,474.03. -6898- Mound City Council Minutes - Apd124, 2001 Co Approve Licenses and Permits contingent upon all required forms, fees, insurance, etc., being submitted: Restaurant Al & Alma's Supper Club American Legion Post 398 Domino's Pizza Happy Garden Hardee's House of Moy Scotty B's Subway Sandwiches VFW Post 5113 Uncharted Grounds Games of Skill American Legion Post 398 VFW Post 5113 Pool Tables VFW Post 5113 Amusement Devices American Legion Post 398 VFW Post 5113 Tree Removal D.J.'s Stump Removal Ray's Services Above Ground & Beyond RESOLUTION NO. 01-33: RESOLUTION ACCEPTING BID FOR 2001 SEALCOATING PROJECT E. Approve Municipal Recycling Grant Agreement with Hennepin County F. Set Special Meeting Retreat with Lynn and Associates for May 2, 2001. H. RESOLUTION NO. 01-34: RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE GRANT-IN- AID SNOWMOBILE TRAIL FUNDS J. Approve Agreement for Disposal between Southern Minnesota Compost and City of Mound. G. APPROVE RECOMMENDATIONS FOR APPOINTMENT TO PARK AND OPEN SPACE COMMISSION: Gene Hostetler and Ron Motyka MOTION by Councilmember Anderson, seconded by Meyer to appoint Tom Casey and Gene Hostetler to the Parks and Open Space Advisory Commission. Discussion followed regarding qualifications of candidates. Ayes: Anderson and Meyer. Nayes: Brown, Hanus and Meisel. Motion defeated. Councilmember Meyer wanted noted for the record that Tom Casey did not vote on the Park Commission ballot when he was told he had a right to vote. Meyer also wanted noted that we have a very young Park Commission and feels that historical knowledge of parks and issues is needed and feels that Casey would have been the better candidate. Hanus stated for the record, in the Park Commission minutes of April 12, it states that the March 8th minutes were amended to have a discussion of Klm Anderson's inserted verbatim. Hanus wants it clear that anything said by Anderson referring to a conversation with Bob Brown, was on their own behalf, and -6899- Mound City Council Minutes - Apdl 24, 2001 not the behalf of the City Council. Brown wanted noted for the record that the Park Commission minutes are not correct. MOTION by Councilmember Brown, seconded by Hanus to follow the recommendation of the Commission and appoint Gene Hostetler and Ron Motyka to the Parks and Open Space Advisory Commission. Ayes: Brown, Hanus and Meisel. Nayes: Anderson and Meyer. Motion carried. PLANNING COMMISSION A. Brenshell Homes - 4646 Island View Drive, Case #01-05: Minor Subdivision Rene LaFortune, 4649 Island View Drive, came before the Council eXpressing deep concern over the potential water drainage problems in the area, and if the current catch basins can handle the additional water flow from the subdivison. She stated the property in questions is quite steep and has a lot of erosion now, and requested that retaining walls be erected on a permanent basis, and during the construction phase. Mark Smith, 4645 Island View Drive, expressed concern not only with the proposed subdivison, but with the current water problem. He feels the water is a definite problem that needs to be addressed. Jon Sutherland and John Cameron addressed the public's concerns. Tom Stokes, the developer, explained the catch basin, retaining walls and driveway placement that will handle the water runoff from the subdivision. John Cameron also explained that there is an additional catch basin proposed by the City. MOTION by Brown, seconded by Hanus to adopt the following resolution, as amended. All ayes. RESOLUTION NO. 01-41: RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4646 ISLAND VIEW DRIVE, LOTS 1, 2, 3, BLOCK 2, AND PORTIONS OF LOTS 12, 13, 14, AND 15, BLOCK 3, DEVON PID #30-117-23-22-0010 AND #30-117-23-22- 0011. P & Z CASE #01-05. B. Steve Cod, 4225 Wilshire Boulevard, Case #01-09: Variance. A revised resolution was presented to the Council. Hanus asked if the applicant was aware and in agreement with the changes. Sutherland assured that he was. MOTION by Hanus, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. -6900- Mound City Council Minutes - Apd124, 2001 RESOLUTION NO. 01-40: RESOLUTION TO.APPROVE VARIANCES FOR THE PROPERTY LOCATED AT 4225 WILSHIRE BLED, PORTIONS OF LOT A, THE FIRST REARRANGEMENT OF PHELPS ISLAND PARK FIRST DIVISION PID #19- 117-23-12-0003. P & Z CASE #01-03 AND #01-O9. 4. COMMENTS FROM CITIZENS None were offered. 5. PUBLIC HEARINGS Westedqe Boulevard/Retaininq Wall Proiect City Engineer John Cameron reviewed the proposed Westedge Boulevard Improvement Project. Mayor Meisel opened the public hearing at 8:53 p.m. Bart Roeglin, 2260 Westedge Blvd., stated his major concern is the proposed assessment to the five Mound properties. He's perfectly happy with the road as it is and feels that Rottlund and the City should pay for the improvement because Rottlund needs it and the City wants it for a collector. He stated he is receiving no benefit from the improvement, only more traffic and more danger to his kids. He's not happy with being assessed and never will be. City Attorney John Dean explained that this hearing is not regarding the proposed assessment, and that property owners will have an opportunity to be heard regarding the assessment at a later hearing. Mr. Roeglin also expressed concern over the increase in dust during construction. Ron Motyka, 1545 Bluebird Lane, asked where the overflow from the second Rottlund pond would be going and the engineer told him it will run along the railroad tracks, parallel to the sanitary sewer, where the City has an easement. Mary Ann Sells, 2218 Westedge Blvd., stated that this improvement is not something that she wants and she bought her house because of the country feel in that area. She doesn't believe she will realize any benefit and shouldn't pay assessments for the improvement. Rick Roberts, 2277 Westedge Blvd., agreed with the other residents, adding that he doesn't feel the citizens should pay for the improvement on the Minnetrista side of the street. The Mayor told him that there is a proposal for cost allocation to cover that portion, as well as the road maintenance. Phill Mitchum, 2232 Westedge Blvd., asked how much the improvement would raise his driveway. He was told that his drive would remain on the same grade. -6901 - Mound City Council Minutes - April 24, 2001 Bo Joel Reinit7_, 2610 Halstead Lane, asked about the watermain extension and who will be paying for it. John Cameron explained that Rottlund Homes will be paying for their portion. Gary Strand, 2355 Westedge Blvd., asked if there would be added police patrol after the improvement. Mayor Meisel will take note of that, along with dust control. Corey Huson, 2246 Westedge Blvd., stated he moved to that area because of the gravel road and having a quiet place to live. He doesn't feel he will realize any benefit from the improvement. City Engineer Cameron reviewed the plans for the retaining wall portion of the project. Mayor Meisel asked for additional comment. None were offered. The hearing was closed at 9:35 p.m. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO, 01-35: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR PROPOSED IMPROVEMENT OF WESTEDGE BOULEVARD AND CERTAIN RETAINING WALLS THROUGHOUT THE CITY. MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-36: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENT OF WESTEDGE BOULEVARD AND CERTAIN RETAINING WALLS THROUGHOUT THE CITY. It was recommended by the City Engineer that advertisement for bids for the retaining wall portion of the project be ordered at a later date. MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-37: RESOLUTION ORDERING ADVERTISEMENT FOR BIDS FOR THE IMPROVEMENT OF WESTEDGE BOULEVARD Modification of Tax Increment Financinq District Mayor Meisel opened the public hearing at 9:38 p.m. Jim Pro§ser of Ehlers & Associates, reviewed the proposed modification. There were no comments offered from people in attendance. Mayor Meisel closed the hearing at 9:43 p.m. -6902- Mound City Council Minutes - April 24, 2001 MOTION by Brown, seconded by Hanus to adopt the following resolution. Meyer stated that from what he understands, when bond obligations are met for District 1-1, the Council can either return tax revenue to the tax base for the City, County and School District, or take these taxes and pool them with the dollars in the TIF District 1-2, and the rest of downtown, to be used for projects or expenses on that TIF District, and keep them off of the tax roles. He personally feels that there is an obligation to increase the tax base, the TIF District has run its course and if there is an opportunity to get the tax revenues back into the general fund, they need to do that. Mayor Meisel stated, as pointed out earlier, action would be basically not tying the Council's hands at this point, but would leave the options open. The decision isn't being made now, as to what to do with these funds. Hanus also stated that this action is just leaving the options open at this time. Ayes: Brown, Hanus, Meisel. Nayes: Anderson, Meyer. Motion carried. RESOLUTION NO. 01-38: RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ADOPTING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1-1 THEREIN. C. Public Hearinq to Increase Certain Liquor License Fees Mayor Meisel opened the public hearing at 9:50 p.m. The proposed fee increases affect the 3.2 beer off and on-sale, temporary on-sale licenses, and the club liquor licenses. Upon no comments being offered from the public, Mayor Meisel closed the public hearing at 9:53 p.m. MOTION by Brown, seconded by Meyer to approve raising certain liquor license fees as allowed by State Statute, said fees to become part of the fee schedule to be considered later in this meeting. All voted in favor. Motion carried. Mayor Meisel called for a recess at 9:53 p.m. Mayor Meisel reconvened the meeting at 10:10 p.m. 6. 2001 BONDING PROJECTS Jim Prosser of Ehlers & Associates reviewed the capital bonding issues that the council will consider at their May 22nd meeting. There is no Council action needed on this issue at this time. After discussion regarding the Island Park Hall and Parks Department storage facility, Mayor Meisel gave directive to the City Manager to compile information regarding restoration and rebuilding for a future meeting. -6903- Mound City Council Minutes - April 24, 2001 7. AGENCY AGREEMENT BETWEEN CITY AND HRA MOTION by Brown, seconded by Hanus to approve the presented agreement between the HRA and the City for Purchase of Services. All ayes. 8. 2001 FEE SCHEDULE MOTION by Brown, seconded by Hanus to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 01~39: RESOLUTION ADOPTING FEE SCHEDULE 9. PLANNING COMMISSION MEETING DATES MOTION by Meyer, seconded by Anderson to follow the Planning Commission recommendation of holding their meetings on alternate Mondays. Mayor Meisel asked if he would consider amending his motion to add that this schedule is on a trial basis until the end of the year. Meyer declined to amend. Ayes: Anderson, Meyer. Nayes: Brown, Hanus, Meisel. Motion defeated. MOTION by Meisel, seconded by Hanus to accept the Planning Commission meeting schedule of alternating Mondays until year end, with re-evaluation at the December 11, 2001, council meeting. Reports by staff will be given at that time as to the impacts of this schedule change. All voted in favor. Motion carried. 10. APPOINTMENTS TO OPEN SPACE AND ADVISORY COMMISSION MOTION by Brown, seconded by Hanus to table action on this item until a joint work session can be scheduled with Council and Commissions. All voted in favor. Motion carried. May 29, 2001, at 6:30 p.m. was suggested as a date for this session. 10a. Planninq Commission Item Councilmember Anderson asked that this item be added to the agenda because a member of the Planning Commission received a subpoena in regard to the Polston et al, case. City Attorney Dean informed her that legal counsel will be contacting those that received these subpoenas for information. 10b. Parks Commission Item Councilmember Meyer voiced concern over the report given by Jim Fackler at the Parks Commission meeting, stating that there will be no lifeguards at Centerview Park this year dueto budget problems. 11. INFORMATION/MISCELLANEOUS A. LMC Friday Fax B. LMCD communications C. AMM bill Tracking Index D. Mound Police Department monthly report: March, 2001. E. Westonka Healthy Community Collaborative communication F. LMCC communication G. Financial reports: March, 2001. -6904- Mound City Council Minutes - April 24, 2001 H. Final report on Woodland Point litigation I. Letter praising passage of cat ordinance 12. ADJOURNMENT MOTION by Brown, seconded by Hanus to adjourn the meeting at 11:40 p.m. in favor. Motion carried. All voted Attest: Acting City Clerk Mayor Pat Meisel -6905- MOUND CITY COUNCIL MINUTES SPECIAL MEETING OF MAY 2~ 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Wednesday, May 2, 2001, at 5:00 p.m. at the Lafayette Club located at 2800 Northview Road, Minnetonka Beach, Minnesota. Councilmembers Present: Mayor Meisel, Councilmembers Bob Brown, Mark Hanus, Klm Anderson and Peter Meyer. Also present: City Manager, Kandis Hanson; James Lynn, Lisa Lynn. Jim Lynn and Lisa Lynn of Lynn and Associates led the members of the Council and the City Manager in a discussion of team building and meeting streamlining. They reviewed the results of the members' self-assessments as they relate to the 'q'en Habits of Effective Councils." They also jointly completed the matrix for the Role/Responsibility Exercise, defining the roles of Mayor, Council, City Manager, Department Heads, Staff, Consultants, the Commissions, and the public. A final report, with recommendations, will be received from Lynn and Associates. Adjourned at 10:10 p.m. Pat Meisel, Mayor ATTEST: Kandis Hanson, City Manager -6906- PAGE 8 BATCH- 4/01/0072 TRANSACTION EDIT REPORT STAT-NEW PAGE t P d R C H ^ $ ~ J 0 U R N A L AP-C02-01 CITY OF HOUND VENDOR IN'¥OI CE DUE HOLD NO INVO:ICE NMBR DATE DATE STATUS ~!]OUN]'T .D'~S.C'RIPT.tON : .ACCOUNT 'k £'R A0150 010424 1,007.18 REPAIR CO~PRESSOR 22-4170-3820 5/08,(0! 5/0.8/0.! 1,007.18 JRNL-CD lOlO VEND'OR TOT AL t007.i:8 ALEX AIm AP:PARATUS, INC. A0270 01O522 5tgg../O1 5/08/D1 VENDDR TOiTAL AMERICAN EXPRESS A0335 010423 AMOCO OIL COMPANY B0549 211 7630 0 21223900 33 ? 2630 0 BELLBOY CORPORATION 80760 010424 297'.¢~ .... b'3':'~820'i'"~ARRE'E['~'~'~']~:~ ........................ 0i%4~'402~'120 48.47 03-28-01 HARRELL SEMINAR 01-4140-4110 621.67 04-10-01 NICCUM SEHINAR 01-4140-4110 967.14 -"jR,~EgCD ............. BUR'T, EARL R. :967.14 5/08/01 5/06/01 VENDOR TO% A:L &82~55 g'~¢':o~ .... 6~~' 5/08/01 5/08/01 685.05 JRNL-CD 5/08¢01 5/0.8~01 1010 182.53 TPRU 04-23-01 GAS CHARGES 73-7300-2210 182.53 JRNL-CD lOZO 5/08/01 5/08/01 5/o8/.ol VENDOR TOTAL ' 5'3'~4'J'4~ 5/08/0i 5/~aSk01 VENDOR TOTAL C0810 1716955 5108/01 5108/01 CAHNERS CONSTRUCTION pUBL! V:ENDDR TOTAL 71-7100-9510 1010 1,949.45 LIQUOR 71.7100~-9510 '" 1~949.45 JRNL-CD 1010 71-7100L95~0'' 2,455.85 JRNL-CD 1010 274.to 274.10 JR:NL~:CD 1'01,0 80.00 JAN FEb MAP, APRIL HRA NEETINGS 01-4030-3 1010' 80. O'O 105.95 SEAL COAT PROJECT 27-5800-2340 105 95 JRNL-CD .......... , 1010 5/08/01 5/08/01 10.64 JRNL-CD 1010 D86141 CHAMPION A'OTO VEN'DOR TOT'AE 2'3~';;'~? : : : ........ : .................................. C08~5 010425 ~0.~7 REZHBURSE TRAVEL EXPENSE 01-4140-4110 5~08101" '510:810:!" *: : : --:,, ........ ,,,=~ *'"~O~O -6907- PAGE 2 P U R C H A S E J O U R N A L AP-C02-01 CITY OF MOUND ZEN$ COMMUNICIATION$ VENDOR TOTAL 269.57 5/08/01 5/08/01 188.62 JRNL-CD 71-7100-9540 10!0 5/08/01 5/08/01 CONCEPT LANDSCAPING, INC. VENDOR TOTAL 475.00 JRNL-CD 475.00 1010 DANKO EMERGENCY EOUIPMENT VENDOR TOTAL 68.16 5108/01 5108101 33.80 JRNL-CD 71-7100-9550 1010 5/08101 5/08/01 33.80 JRNL-CD 5/08/01 5/08101 53.70 JRNL-CD 1010 776053 31.60 MISCELLANEOUS 71-7100-9550 779357 4,301.70 BEER 73-7300-9530 -6908- AP-C02-01 I-' u K L H A b b J U U CZTY OF HOUND 4,301.70 JRNL-CD ',') EAST SIDE BEVERAGE VENDOR TOTAL 8991.25 .:: E1487 883 83.79 ROTOR AND SERVICE CALL ~.~ 5/08/01 5/08/01 ENVIRONMENTAL LANDFO~MS, I VENDOR TOTAL 167.58 K N A L 1010 01-4320-3830 1010 ~'0'~4270~/* 20'g E-Z RECYCLING INC VENDOR TOTAL 7525.00 ~-:,~.5-2-~0.,~..;~. ~,~ ........................................................ ~:2 ~,'66 D:R:U'G 'TES¢ ~' ....................................................................... 5-7~'8-'?'-0'"£ ..... ~7~'~7'0T ................................... ~ -g~0~0-'~'~3'RTCE :.T'b' 683215 38.00 DRUG TEST ~8~7800.3~40 78-7800-3Z40 F1548 17012 516.53 WINDOW CLEANING 01-4320-3800 .... , 5/08/01 5/0~/0I 516.53 JRNL-CD 1010 5/08/01 5/08/01 35.00 JRNL-CD ........................ ~ ....... ~T~N~D~O~' '~Ti,~,£ .............. ~!3~ 'i~"~'~ ............................ i'~ ~:'~- .'--'.T: ...... ~'"': 35.54 04-17-01 UNIFORMS 73-7300-2240 35.54 04-17-01 UNIFORMS 78-7800-2240 16.38 04-17-01 MATS 01-4280-2250 613544 5/08/0i 5108101 41.50 04-17-01 MATS 22-4170-2230 41.50 JRNL-CD 1010 -6909- PAGE 4 PURe NA SE JOURNAL __~ p_-__c__o_2. -_0 z ...................................................................... .C.Z T_Y._,OF__M o__u N D V E NDOR 619739 23.3.8 04-24-01 UNIFORMS 01-4280-2240 · 23.~,8' O~'~,O~'UNIFORMS 78-7,800~-~40 16,~3 04 -2~+-~) ~L 'MA,TS 16.23 04-24-01 MATS 73-7300-2250 16.23 04-24-ol MATS 78-7B00-225 0 5/05/01 5/08/01 11~.23 JRNL-CD 1010 G ~ K SER~VICES V'~NDOR TOTAL $183,29 5/08/0i 5/08/0i 47.76 JRNL-CD iOlO :~ i'~ O-q;B-O~'i'fl'~=~ O- .................................... ?~'~'ff -?~-?'X-L ................... ~;?'~ ?~ G1~87 780~ 8Z~.,$4 N,I~NDS~H ~ ~'~D S / W-~N DO:W~ ~ 0~280~3810 5/08/01 5/08/01 812.14 JRNL-CD GLASS PLUS VENDOR TOTAL 812.14 ~8~90 OlO~,$1 26.93 O~-.~l ,WATER #5~5~8~0~0 01~,4020~2200 ~"2"~'B7 ~'~'-- '~'7O~'Y'~ ............................................................ 53,85 JRNL-CD LOIO OL03$O 2L.74 0~-0~ WATER ~5L5850~ 0~-&~20-2200 6LE;NWOO'D SN~LE;~OO-D VENDOR TOT:AL ~5 ~ 59 G1922 00145878 50.00 PUBLICATION 01-4090-4130 5/08/0~ 5/08/0~ 50.00 JRNL-CD 10~0 22-4170-3820 lOIO 36678]. 1,348.78 LIQUOR lOlO 71-7100-9510 369769 2,699.59 LI@UOR 71-7~00-9510 ) H206~ 340065 1,039.95 CHLORINE AND ACID 73-7300-2260 5/08/01 5/08/01 1,039.95 JRNL-CD -6910- PAGE 5 P U R C H A S E J 0 U R N A L AP-C02-O1 CITY OF HOUND HAWKINS, INCORPORATED VENDOR '::' :: : :: TOTAL 1039.95 HEFNER, AL VENDOR TOTAL 385.00 H2Z70 UTI LO000157 250.00 iST ~TR UTILITY PERMITS 73-7300-4220 HE, N:NEPIN ~OU:NTY P::UBL,t:C ~OR VENDOR ~OT'AL H2221 OZPG217730 L1.42 STRAIGHT THR S 5108101 5108101 11.~2 JRNL-CD lOlO HERC:UL I:F T V:E ND~ R TO T ~-L ii 5/08/0! 5/C8/01 1,743.71 ORNL-CD 1010 ........................ O-'fO'4'l'~:C-i ....... 5108101 5108101 :L-:o ZO 280.00 JRNL-CD 1010 5108101 5108101 350.00 JRNL-CD 5~08Iol 5~0810.~ 280 .:00 JRJ~'L~CD: ~o~ 70'750 ....... 5108101 5108101 70.00 JRNL-CD lOlO ~ Z08 ~.01 510 8 ~:~1 35~3~ 0';:16~0~.0:0 T=' 3~U'~6"0' ...... 5/08/01 5/08/01 300.00 JRNL-CD 1010 ....................... : ............................. [~;::~3~:~¥'"~f4:6i77~-6~[:s't-~;N'%,[:~'~l~:~7T~- ....... = ......... TT='~:~T~;~:~';'~-i~:~ ........ '-- 5/08/01 5/08/01 3,229.88 JRNL-CD 1010 -6911- PAGE 6 AP-C02-Oi PURCHASE JOURNAL CITY OF MOUND HOISINGTON KOEGLER GROUP,~ VENDOR TOTAL HUTCHINSON POLICE DEPARMEN VENDOR TOTAL I2309 23908988 60.00 48.60 04-10-01 THRU 05-10-01 MAINTEN 01-4320-3800 5/08/01 5108/01 33.10 04-12-01 THRU 07-12-01 MAINTEN 73-7300-2140 33.I0 04-12-01 THRU 07-12r01 MAINTEN 78-7800-2140 99.30 JRNL-CD !010 IKON OFFICE SOLUTIONS VENDOR TOTAL 259.66 5/08/01 5108/01 15.00 TIRE REPAIR 01-4340-3810 15.00 JRNL-CD 10!0 7617 5/08/0i 5/08/01 488.94 RADIATOR, ETC. 73-7300-3810 488.94 JRNL-CD 1010 1244705 221.15 LIQUOR 1010 71-7100-9510 1247511 5108/01 5/08/01 1,535.75 WINE 1010 71-7100-9520 K2699 37378-A1 5/08/01 5/08/01 16.50 03-01 POLSTON LAWSUIT 01-4110-3100 16.50 JRNL-CD 1010 37378-B1 5/OB/Oi 5/08/01 1,341.05 03-01 REDEVELOP AREA #1 55-5880-3100 1,341.05 JRNL-CD 1010 -6912- 5/08/01 5108101 5/08/0f 5/08/01 PURCHASE JOURNAL CITY OF MOUND 654.50 03-01 EXCEL SUBSTATION 27.50 11.00 280.50 91.16 5108/01 5/08)01 61.00 01-4110-_ 5/08/01 5/08/01 30.00 ~s,; 37379-C 337.62 5/08/01 156. O0 ~ 37379-E 132. O0 37379-G1 84.00 JRNL-CD 03-01 POST OFFICE RELOCATION JRNL-CD 03-01 METRO PLAINS DEVELOPMENT 37379-G3 37379-I JRNL-CD 03-0i BAILEY, WOODLAND POINT JRNL-CD 03-01 LANGDON BAY JRNL-CD 03-01 APT TOWER LEASE 03-01 BAILEY WOODLAND POINT 1010 55-5B79-3100 1010 01-4110-3100 1010 01-4110-3100 1010 01-2300-1095 IOlC 01-4110-3100 101( 01-41!0-3100 1,740.00 03-01 COUNCIL PROTOCOL 01-4110-3100 36.00 03-01 LIQUOR STORE LEASE 10~ 71-7100-3100 101( -6913- PAGE 8 P U R C H A S E AP-C02-01 CITY OF MOUND JOURNAL ;- V~END OR tNVOICE DUE HOLD - NO. I.N'VOICE NM'B:R DATE ,DATE STATUS AMOU~'IT ,D'E:B;~RIPTtO-N ~C~QUNT NUM'BEI:{ 5/08/01 5/08/01 213.00 JRNL-CD 1010 5/08/01 5/08/01 60.00 JRNL-CD 5/08/0t 5/08/01 510.00: JRNL-CD 1010 .................... -3'%3~¥';L-f z,oza.z~ o3-o~ COMMONS ~SSUES ~Z-43~0-~Z00 5/08/01 5/08/01 1,026.24 JRNL-CD 1010 .-L28tt i~9~0 9.52 ,COP I, NG ~ARSON PRINTING E GRAPHICS VENDOR TOTAL 9.52 L285~ 0~02'01 .92 0~--01~01 TO-02,0~-0~ W~.ORK COMP '~01-4020-3600 .74 02~01-0'1 TO O~-Ol~O&. W:ORK COMP 0'1-40&0~36'00 23.80 02-01-01 TO 02-03-0~ WORK COMP 0i-4140-3600 z.3s oz-ol-Ol TO 02-03-0~ WORK CO~P 0~-4~90-360o 2,08 02;01~0~ TO 02~'~03-0~ WORK COM,P ~.~4 o2-o~-oz To oZ-O~-OZ VOR~ CO~P ~3-~00-~600 17.51 02-01-01 TO 02-03-01 WORK COMP 78-7800-3600 5/00/~8 5'/00/08 ~38.00 JRNL~CD 1010 021364 108.44 AUTOCUT, AIR FILTER, ETC. 01-4340-2300 · L2930 5-315135 5~00~08 5/00~08 8.64 STRAP CLAMP 8.64 JRNL-CD 01-4280-2310 1010 5/00/08 5/00/08 59.95 JRNL-CD 1010 1010 9127 165.60 04-05-01 DELIVERY CHARGE 71-7100-9530 -6914- PAGE 9 P U R C H A S E J O U R N A L AP-C02-O]. CITY OF MOUND 5~00~08 5/00108 165.60 JRNL-CD 1010 9163 96.80 04-12-01 DELIVERY CHARGE 71-7100-9530 5/00/08 5/00/08 96.80 JRNL-CD 1010 5/00/08 5/00/08 3,461.10 JRNL-CD 1010 270107 2,269.30 BEER 71-7100-9530 5/00/0B 5/00/08 3,9~0.75 JRNL-CD ~0~0 MARK VII DISTRIBUTOR VENDOR TOTAL 964&.i5 METROPOLITAN STATE UNIVER~ VENDOR TOTAL 95.00 S:,~'O:0 ~'0,8 :, ;'5 ~;0 ~,D8 ,29,/~:,;77 .....~JR',NU--CD ;': &,:O 1'0 M3370 010430 23.00 CLASS D KIVSITO, SCOTT 78-7800-4230 .......................................... 7~0-6Y'0::E --'~-~0'~E ............................ ~;~ ~'N-E';-Ci~ ....... :7 ................................. M3470 75640 72.50 COLIFORM, HF--WATER 73-7300-42_ 5/00/08 5/00/08 72.50 JRNL-CD 1010 'VAt LE:Y: ~ ES T.I N G .L:AB, O~TD V'EN'DQR ~'O~AL 7:2 .,5;0 -';(. 5/00/08 5/00/08 17.71 JRNL-CD 1010 22-4~70-1380 ~-, 1,250.00 04-01 MAINTENANCE 22-4170-1380 5/00/08 5/00/08 9,623.00 JRNL-CD 1010 ,.,, ~OUND F~RE ;DEPARTMENT ~:ENDOR T:O~T:~AL 5/00/08 5/00/08 8,823.33 JRNL-CD 1010 -6915- PAGE 10 P U R C H A S E J 0 U R N A i AP-C02-O1 CITY OF MOUND END OR MOUND mIRE RELIEF ASSN VENDOR TOTAL 8823.33 41.79 04--01 , JERRY 73-7300-3959 4,1~79 ,04-,0~ #18 HARDIN:A~' D:AMON' . ~.: 7:'B-7870D-3950 41.79 0~-01 ~20 GRAPY, DAN 01-~280-3950 ~1.79 O~-O1 ~21 HEITZ, FRANK 01-4280-3950 ~.79 04=01 #23 K. ESTNER-~ 'AiL 29.~1 NO7 6Z2-2.2~-6812 SK,~N:NER, .GRE6 : , 01-42BO-3~2Q ' 29.3i ~07 6Z2-22Z-6812 SKINNER, GREG 78-7800-3220 i35.23 ~15 612-221-68~2 FACKLER, JIM 01-4340-3220 ~,79 :~03 6~2-22~;68~4 RAHN,.~d;ODI 0'[~040-3950 ..................................... ~3.93 ~02 6~2-~21-6822 NELSON, JOYCE 73-7300-3950 13.93 ~0~ 6~2-22~-68~2 NELSON, JOYCE 78-7800-3950 63.75 ~3 6~2-221-8385 JAYKO, BRAD 01-~340-3950 ~15:6'12-~8Z-'5889 SUTH~RMAND~ ~00 ::,61,2~363-5,B83 NORL,AND~R, NEXTEL COMMUNICATIONS, INC VENDOR TOTAL 1038.~6 ~.: N3780 ~CS'IL-~0101 ~,05.0.00 ,COM.MAND~S.~HOOL: 0'4-~1t 2:2-Z~L?O-4110 ~ NORTHEAST FIRE APPARATU$~ VENDOR TOTAL ~050.00 ./j='-'-~ ~:gWO~ ~2:~3~0-~'9 6~0 ~ ................................................... ' ........... ~-= ~'1'~"~ P~R .............................................. ~0-:~7~:0- ...... ~7.3~. ,P'~PER 01-4Z40-'~A200 ' - ~TV3'i'~'A-P~'R- .................................................................. -C1=~4'~0 ;~"~-~0-~- L?.3i PAPER 01-4340-2200 i7.31 PAPER 0~-4280-2200 OFFICE DEPOT VENDOR TOTAL 155.79 PEPSI-COLA COMPANY VENDOR TOTAL 69.44 5/08/01 5/08/0i 1,163.25 JRNL-CD 1010 -6916- PAGE 11 P U R C H A S E J 0 U R N A L AP-C02-O1 CITY OF MOUND 714313 5108/01 5/08/01 3,275.00 LIQUOR 3,275.00 JRNL-CD 71-7100-9510 1010 714315 5/08/01 5108/01 49.60 MISCELLANEOUS 49.60 JRNL-CD 71-7100-9550 1010 5/08/01 5/08/01 860.53 JRNL-CD 71-7100-9550 1010 P4055 I200100773 7.00 04-18-01 MEETING SRA 01-4020-4120 P4111 010414 5/08/01 5/08/01 142.80 05-01-01 THRU 07-31-01 HONITOR 142.80 JRNL-CD 01-4320-3100 1010 PROTECTION ONE VENDOR TOTAL 578.57 5108/01 5/08/01 257.25 JRNL-CD R4199 010419 111.95 REPLACE BALLAST POLICE DEPT 01-4320-3830 R4209 1490 5/08/01 5/08/01 110.77 04-01 TRASH SERVICE 110.77 JRNL-CD 01-4320-3750 1~10 5/08/01 5108101 149.44 JR ~L-CD 71-7100-9550 1010 -6917- PAGE 12 P U R C H A S E J 0 U R N A L ^P-C02-01 ........ CITY OF MOUND VENDOR iN\~OI.CE '. DUE HOLD 0204Z7 5/08/01 5/08/0~ Z~6.78 JRNL-CD J'S ICE C. DMPANY VENDOR TOTAL 5/08/02 5/08/0~ 2¢059.38 JRNL-CD ~0~0 S~39t 3306 239,63 THREE PQ~S ,REMOVE STUB 3317 186.38 REMOVE DOWN TREE 81-4350-5110 5/o8/oz 21,3096.1 l, 508~2'5 S~UAD E ~'U I'P'MEN T 5~08/,0& 5/08/0t 1,5i08.25 JRNL-CD · 2Z3 099-1 2,~32.55 SQUAO EQUIPMENT 01-4240-5000 5/08/01 5/08/01 2,~32.55 JRNL-CD lOlO ~176:57:~. 1 ?:4 ~. 9,5 S;eU A;D: EeUi P:MENT 2~9232.1 907.65 S~UAD ~UIPHENT 5/08/02 5/08/02 907.65 JRNL-CD 10~0 ST:REI CHER ~S VENDOR T'O:T AL ': JRNL-ED ZOZO lOlO 1¢8980 39.38 TUSE~ ETC. 01-4280-23~.0 54630 0~0519 782.82 THRU 04-24-02 GAS CHARGES 02-4280-2210 247.59 THRU 04-24-01 GAS CHARGES 78-7800-22~0 ......... ~-r-?:7:~T~,~=~ :'~-~: ,~7----,~ = ~77-----=- ,7:-,m=7----=,~:--~ Z 7 -- :'~4-~-~:~-6'~:?~-D '~~7~:5~C~:R~S~ ~ ~=~-0-=2-~-~~' -6918- PAGE 13 P U R C H A S E J 0 U R N A L AP-C02-01 CITY OF MOUND SPEEDWAY SUPERAMERICA LLC SPEEDWAY SUPERAMERICA LLC S4633 010519 VENDOR TOTAL VENDOR TOTAL 1167.45 256.37 65.60 THRU 04-23-01 VEHICLE #02 01-4280-2210 ~2.64 THRU 04-23-01 VEHICLE #11 78-7800-2212 I56.70 THRU 04-23-01 VEHICLE #16 01-4280-2210 81.00 THRU 04-23-01 VEHICLE #18 01-4280-2210 64.18 THRU 04-23-01 VEHICLE #23 01-4280-221G 40.00 THRU 04-23-01 VEHICLE #24 01-4280-2210 33.41 THRU 04-23-01 VEHICLE #25 01-4280-2210 SPEEDWAY SUPERAMERICA LL£ VENDOR TOTAL 962.23 5/08/01 5/08/01 2,106.85 JRNL-CD 460 792 . 33 04-07-01 ORDINANCE 03-2001 10' 01-4140-3510 ' ,~ T4770 193058 5108/01 5108/01 ~ 224154 3,747.90 5/08/01 5/08/01 3,747.90 312.00 312.00 BEER JRNL-CD BEER JRNL-CD 71-7100-9530 10: 71-7100-9530 -6919- PAGE 14 P U R C H A S E J O U R N A L AP-C02-O1 CITY OF MOUND ¥,END:O R I N VO I'¢ E D U E H OLD NO. IN'~VOICE NMBR DA~E DATE STATUS AMO~UNT OES'CR~PTION ACCOUNT NU~qBE 224815 9,114.75 BEER 71-7100-9530 225519 25.,t0 M~SC'ELL ANEOUS ?1- 7.1:00.-9550 225520 4,663.90 BEER 71-7100-9530 T~ORPE DISTRIBUTING C.O~PA'N VENDOR TOTAL 18'216.1:0 TA930 W019616 63.30 KNIFE SHAR°EN 01-4280-&200 5/08/01 5/08/01 63.30 JRNL-CD 10t TRENCHERSPLUS, INC VENDOR TOTAL 63.~0 5/08/01 5/08/01 2,365.70 JRNL-CD lOl T49,45 '0'79081 4.0,10 .BAT:TERIES 78'-7800-2200 078850 5.14 BATTERIES 01-4280-2250 ~..14 BATTERIES ~8-~800-2250 TRUE VALUE MOUND VENDOR TOTAL 55.52 T ~i~ ~ 0? ~!~' '~'::~ i : :': '~¥ ~7~':q' :''':: T~':~? ":~r ~7~:' ~:'~ ~Ff ~: ~ ~%EYL-E]~-E-6~--~ ~f ~STO' ~L~T~¥~'~~ ~'~%Yz: ~: ~:4~'~ i~ ~ 2.47 MISCELLANEOUS OFFICE SUPPLIES 01-4340-2100 .82 MISCELLANEOUS OFFICE SUPPLIES 01-4280-2100 5/08/01 5/08/01 16.49 JRNL-CD 101 298902-0 29.07 CUSTOM STAMP 01-4190-2100 101 299472-0 82.57 MISCELLANEOUS OFFICE SUPPLIES 01-4140-2100 29999~0 ~:2~~0 ~ ~ 0 ~'0 ~' ~'Z~7~-~' ......................... ~ 101 300149-0 Z8.89 MISCELLANEOUS OFFICE SUPPLIES 2Z-4170-ZlO0 -6920- PAGE 15 P U R C H A S E J 0 U R N A L AP-C02-01 CITY OF MOUND 5/08/01 5/08/01 28.89 JRNL-CD -':-:~':' "~,~:':b :~:: 3.60 MISCELLANEOUS OFFICE SUPPLIES 0i-4190-2100 3.60 MISCELLANEOUS OFFICE SUPPLIES 01-4340-2100 ~.20 MISCELLANEOUS OFFICE SUPPLIES 01-4280-2100 5/08/01 5/08/0~ 23.99 JRNL-CD 101 ~,~ 300088-0 8.71 MARKERS 01-4190-2100 -:-, W5320 04239 60.53 TREATED PINE 0i-4280-2330 :,~ 5/08/01 5/08/01 60.53 JRNL-CD lO~ 50 1,320.60 05-01 CLEANING 01-4320-4210 "' ilO.05 05-01 CLEANING 0i-4280-4200 .... 110.05 05-01 CLEANING 73-7300-4200 Z5860 57885539 INT. AL ~650.75 29.31 ZEP 40 PROTECT ALL ETC. 01-4280-2250 ZIP HANUFACTURING COMPANY VENDOR TOTAL 87.94 !~: Z6817 MN059 19,481..55 S~UAD CAR VIN #2833 01-4140-5000 34.34 PUBLiCATiON -6921 - TUTE Of POLICE TECHN,~ VENDOR TOTAL 34.34 TOTAL ALL VENDORS 179,157.28 -6922- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com To: City Council From: Bonnie Ritter Subject: Fish Fry Permits The Fire Department has applied for the following permits for their Fish Fry, to be held June 2, 2001: Temporary On-Sale Non-Intoxicating Malt Liquor Permit Public Dance Permit Set-ups Permit FROM A J Gal lagher (952) 944-9795 (THU) 5. 3' 01 14:45/ST, 14:44/N0. 3760085398 P 2 May 3, 2001 IVir. Crino Businaro, Finance Director City of Mound 5341Maywood Road Mound, MN55364 RE: 2001 LMCIT Insurance Renewal Dear Gino' There is a significant increase in your City's renewal premium. The Workers' Compensation estimated deposit premium increased from $26,870 to $35,853 due to: 1) The Experience Modification increased 23 % from .71 to .87, which is still a 13% credit. 2) Estimated payroll increases and Workers' Compensation rate increases. The remainder of the LMCIT package premium increase is primarily due to: 1) Property-The LMCIT increased the property values 2.8% for inflation. There is a 10% rate increase due to recent Minnesota wide weather related loss experience. 2) Municipal Liability (including Public Officials Liabiliy)-Liability rates dropped 3%, but your estimated operating expenditures increased slightly from $3,140,857 to $3,241,240. The biggest Liability premium impact was your three Land Use claims in the 1997 and 1998 policy years, which resulted in an approximate $8,500 renewal premium penalty. Land Use and Employment Practice losses are given more penalty weight than other general or automobile claims in the LMCiT liability premium experience rating system. Essentially, these losses are "counted double" their defense and loss costs, as these claims often depend on the City's own discretionary decisions. In addition, on Land Use, Development or Franchise Litigation claims the City must pay 50% of any defense costs incurred prior to reporting the litigation to the LMCIT. After the litigation has been reported, the City has to pay 15% of the incurred defense costs from $50,000 to $250,000, and then 40% of any defense costs in excess of $250,000 The City is also responsible for 715% of any damage.r which the "city" shall be required to pay. ?:~"_'?., /,I,..-.i, ,'Wi, n ,h,e,,,.,_~ [,3, dl, 'Z.ude 300 .;h f-'h~,,l,: !~U.)-').-I-l-::3;)di'.% fi-h, ,ii~ ;- , ~':t , i.' :r<'.. ':'4~ 7' -6924- FROM A J Gall¢~h~r (952) 944-9795 (THU) 5. ~' 01 14:46/ST. 14:44/N0. 3"760085~98 P ~ Open Meeting Law Defense Cost Reimbursement is an LMCIT coverage your City has chosen. The policy definition is: "Ope, Meelmg £~m:/ctwsui!" means a lawsuit secking penalties against a ciO.. q[ficia/based on an allegation that the ciO: of. ficirt/has viol ated M. S. 471. 705, commonly known as the Minnesota Open Meeting La,,,. ] am looking forward lo continuing to work with you in providing for the City's insurance needs. Sincerely, Carl A. Bennetsen -6925- PREMIUM SUMMARY PROPERTY INLAND MARINE LIABILITY/E&O AUTO LIABILITY · AUTO PHYSICAL DAMAGE CRIME WORKER' S 'COMPENSATION BOILER & MACHINERY AD&D BENEFIT LIQUOR LIABILITY EMPLOYEE DISHONESTY OPEN MEETING LAW 2001 10,499 2,518 51,857 17,928 20,576 Included 35,853 1,604 Cancelled 4,275 1,353 772 2000 9,336 2,382 49,764 17,881 19,527 Included 26,870 1,511 350 3,958 1,353 796 TOTALS 147,235 133,728 -6926- FROM A J OallCzher /952)944-9795 (THU) 5. 3'01 14',57/ST, 14;54ZN0. 3"?60085405 P 2 CITY OF MOUND CLAIMS ANALYSIS (AS OF 3/31/01) 1996-97 1997-98 !998-99 1999-00 ~000-01 PAIl} LOSSES 32,223 17,602 39,281 79,144 1,039 PAID EXPENSES' 5,067 109,952 72,698 46,843 0 RESERVE LOSSES 0 0 0 0 1,000 RESERVE EXPENSES 0 40,130 0 0 I TOTAL INCURRED AMOUNT 37,290 167,684 111,979 125,987 2,040 SAL/SUBRO AMOUNT 0 0 -75 -1,120 0 DEDUCTIBLE RECOVERY -5,000 -8,050 -8,818 -5,798 -1,000 DEDUCTIBLE: $500 PRIOR TO 2/1/97, .42qD $1,000 THEREAFTER. CLAIMS: (CLOSED-OVER $5~000 COST AND SELECTED OPEN CLAI3/IS) CLAIM # DATE DESCRIPTION 11012124 02/02/96 11015148 08/08/96 11016835A-C 01/13/97 11019873 02/01/92 11022581 05/15/98 11022635 11/25/97 11025400 01/04/99 11026123AD 03/08/99 11028118 08/19/99 11029780 04/21/98 Water tower overflowed (Paid Loss $5,570) Bike rider fell on street seal coat (Paid Loss $3,000/Exp.$5,067) Insured}s plow hit claimant's vel'title, which struck garage (Paid Loss $4,649 + $1,308) (Claim made 8/14/97) land use easement rights (Open) Property storm debris removal ('Paid Loss $16,706) (Claim made 5/13/98) land use, Writ of Mandamus (Closed Pd Defense Costs to 1/31/00 $72~698 Pd Loss $0) Lift station motor explosion (Paid Loss $10,712) Insured's veh/cle hit utility pole (Paid Loss $12,398) Park swing broke (Closed Paid $0) (Claim made 5/21/99 - Westonka ISD- Alleged Breach of Contract (Paid Loss $60,000 & Paid Expense $44,960) Remarks: This information is provided for loss control analysis purposes only, and should be dissen'Linated to others with discrimination for confidentiality. -6927- WATER STRUCTURE SPACE LEASE AGREEMENT THIS WATER STRUCTURE SPACE LEASE AGREEMENT (the Agreement) is made as of ,2001 (the Effective Date), between VoiceStream Minneapolis, Inc., a Delaware corporation, c/o VoiceStream Wireless 12920 SE 38~, Bellvue, WA 98006 (VoiceStream); and the City of Mound, a Minnesota municipal corporation, 5341 Maywood Road, Mound, MN 55364 (Owner). STATEMENT OF FACTS The Owner owns certain real estate located in the City of Mound, in the County of Hennepin, State of Minnesota, legally described in Exhibit A hereto (the Premises). The Owner owns and operates a municipal water Structure on the Premises (the Structure). VoiceStream desires to lease a portion of the Premises and certain space on the Structure for the purpose of installing, maintaining and operating certain equipment thereon. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1.) TERM. (a) Initial Term. The term of this Agreement shall commence on the Effective Date, and continue for a period of five (5) years, through December 31, 2005 (the Initial Term), unless sooner terminated as provided for herein, or on the date the Structure is removed, whichever is earlier; provided, however, that the Owner may terminate the Agreement by demolition of the Structure whether it occurs within the time of the Initial Term or within a renewal term. (b) Renewal Term(s). The term of this Agreement shall automatically renew on the same terms and conditions herein, for up to four (4) additional periods of five (5) years each (the Renewal Terms), unless earlier terminated as provided for herein. The Initial Term and all Renewal Terms are collectively referred to herein as the "Term." 2.) DEMISE OF SPACE. Owner hereby lets and demises unto VoiceStream, and VoiceStream hereby receives and accepts from Owner, the following: (a) Building Space. Owner shall provide 200 square feet of space adjacent to the Structure to accommodate the construction, maintenance and operation of an equipment shed to house VoiceStream's equipment, in accordance with the specifications, equipment and requirements listed in Exhibit B hereto (the Site Plan). The shed shall be screened with trees or other foliage acceptable to the Owner, as shown on the Site Plan attached as Exhibit B, and in compliance with the Site Standards attached as Exhibit D and any reasonable amendments thereto, all FCC rules and regulations, and good engineering practices. The parties acknowledge that Owner may later construct a shed or RJV- 192346v3 MU200-88 -6928- similar structure suitable for VoiceStream's equipment. In the event Owner constructs an alternate structure for location of VoiceStream's equipment, VoiceStream shall, within a reasonable time after written request, remove its shed and relocate its equipment to such structure. VoiceStream may refuse to relocate its equipment in the event Owner's alternate structure is inadequate for operation of VoiceStream's equipment. VoiceStream shall not incur additional rent as a result of relocating its equipment to Owner's alternate structure. (b) Structure Space. (1) Initial --Owner shall provide space on the Structure for the purpose of attaching up to 12 whip antennas and the transmitting equipment in the locations shown on the Site Plan attached as Exhibit B and for operating at the fi'equencies listed in Exhibit C, and apparatus and facilities used in connection therewith (the Initial Equipment), in the locations designated in such exhibit (the Structure Space). The manner in which the Initial Equipment may be attached to the Leased Premises shall be subject to the prior approval by Owner. (2) Additional Equipment and Modifications --Any plans to: (i) modify, change or replace the Equipment; (ii) modify or change the installation of such Equipment; (iii) change the location or frequency of all or any part of the Equipment; or (iv) add any additional equipment to the Structure, shall be submitted for Owner's prior approval, which approval shall not be unreasonably withheld. All equipment added pursuant to items (i) through (iv), inclusive, shall hereinafter be collectively referred to as the "Additional Equipment." VoiceStream shall, promptly upon demand by Owner, pay the reasonable cost of an evaluation performed by an independent structural engineer and/or a professional communications engineer, retained by Owner, as Owner deems necessary, to determine whether the Additional Equipment will interfere with existing or proposed operations on the Premises and whether the Structure can structurally support the Additional Equipment. In addition, proportional adjustment to the Base Rent shall be agreed upon by the parties hereto, if additional antennas will be installed or additional space on the Structure is required to accommodate the Additional Equipment; provided, however, that there shall be no adjustment to the Base Rent unless and until VoiceStream installs more than nine (9) dipole antennas. The Initial Equipment and Additional Equipment shall hereinafter be collectively referred to as the "Equipment." (c) Access. Subject to acts' of God and other occurrences beyond the reasonable control of the parties, VoiceStream and its authorized agents shall be provided access to the Premises twenty-four hours a day, seven days a week in order to install, maintain and operate its Equipment thereon. Except in the case of emergency, VoiceStream shall request access to the Premises in advance, to the Director of Public Works at the address provided in paragraph 25. RJV-192346v3 MU200-88 -6929- (d) Removal of Structure. VoiceStream hereby acknowledges that Owner intends, but is not obligated to, demolish the Structure and construct a similar water tower in the immediate area. Owner shall give VoiceStream nine (9) months written notice of termination prior to the date the Structure will no longer be useable for Equipment. In the event the Structure is demolished or otherwise rendered unsuitable for the Equipment prior to expiration, the parties agree to modify this Agreement or enter into a new agreement for the new water tower location on substantially similar terms and conditions. Owner retains the right, however, to terminate this Agreement without entering into a new agreement if in the exercise of its police power it demolishes the Structure and does not replace it with a new water tower in the immediate area. The Owner further retains the right to terminate or substantially modify the terms of this Agreement notwithstanding the building of a new water tower in the immediate area, if the Owner can demonstrate that the health, safety or general welfare of Owner's inhabitants will be adversely affected by the leasing of space on the new water tower to VoiceStream under substantially similar terms and conditions as this Agreement. The Building Space and Structure Space are collectively referred to herein as the "Premises." 3.) RENT. (a) Base Rent. RJV-192346v3 MU200-88 (1) VoiceStream shall pay Owner the annual rent beginning ten (10) days after the Effective Date for the first calendar year (or portion thereof) and thereafter ten (10) days prior to the first day of the next calendar year of the term of this Agreement. Payments will be wired directly into the Owner's bank account in accordance with written instructions provided by Owner to VoiceStream. During the first calendar year of the Initial Term, VoiceStream shall pay Base Rent to Owner, for the Premises, in an annualized amount of Twenty Thousand and No/100 Dollars ($20,000) per year. For the remainder of the Term, VoiceStream shall pay Base Rent to Owner, for the Premises, in an annualized amount (as adjusted pursuant to Section 3(a)(2) below) payable .in advance on January 1 of each calendar year, through the remainder of the Term. VoiceStream shall pay a pro rata portion of the Base Rent for the period from the Effective Date to December 31,2001, which shall be payable on the Effective Date. (2) Annual Adjustments --The annualized Base Rent shall be increased as of January 1 of each year after the first full calendar year, by the greater of: a. five percent (5%) of the previous year's annualized Base Rent; or bo by an amount equivalent to the increase in the Consumer Price Index for All Urban Consumers, All Cities, All Items (1984 = 100) (the CPI), as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor -6930- index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties hereto. To determine the annual increase in Base Rent under this paragraph, the annualized Base Rent for the previous calendar year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter one year earlier. Such fraction shall be converted to a percentage equivalent, and shall be multiplied by the previous year's Base Rent. (b) Additional Rent. All taxes, charges, costs and expenses imposed by any federal, state or local taxing authority that are directly attributable to VoiceStream's improvements, together with all interest and penalties that may accrue thereon, if VoiceStream fails to pay the same, and all damages, costs, expenses and sums that Owner may incur or that may become due by reason of any default by VoiceStream or failure by VoiceStream to comply with the terms and conditions hereof. Those items shall be deemed to be "Additional Rent"; and, in the event of nonpayment thereof, Owner shall have all rights and remedies as hereinafter provided for failure to pay Base Rent when due. 4.) GOVERNMENTAL APPROVAL CONTINGENCY. VoiceStream's right to use the Premises is expressly contingent upon its obtaining, in advance, all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. Owner shall cooperate with VoiceStream in its efforts to obtain such approvals and shall take no action that would adversely affect the status of the Premises with respect to the VoiceStream's proposed use thereof. In addition, before obtaining a building permit, VoiceStream shall cause to be performed and pay the reasonable cost of: (i) a radio frequency interference study performed by an independent, qualified communications engineer selected by the Owner, showing that VoiceStream's use contemplated herein will not interfere with any existing communications facilities upon the Structure, (the Interference Study); and (ii) an engineering study performed by an independent structural engineer selected by the Owner, showing that the Structure is able to support the Equipment, without prejudice to the Owner's use thereof, (the Structural Stability Study). If the Interference Study reveals that there is a potential for interference that cannot be reasonably remedied, or the Structural Stability Study reveals that the structure is unable to safely bear the weight of the equipment, neither of'-such findings shall constitute a default by either party hereto. 5.) OWNERSHIP. (a) Structure. Owner shall at all times retain exclusive title to and interest in, and control of the Structure and the Premises. (b) Equipment. VoiceStream shall at all times retain exclusive title to and interest in, and control of the Equipment. The Equipment shall at all times remain the personal property of VoiceStream and shall not be fixtures on the Premises. RJV-192346v3 MU200-88 -6931 - (c) 6.) (a) (b) (c) (d) RJV-192346v3 MU200-88 Equipment Cabinet. VoiceStream shall install a suitable outdoor equipment cabinet in which VoiceStream will place its Equipment and appurtenant lines and cables. USE, INSTALLATION AND NON-INTERFERENCE. Generally. VoiceStream shall use the Premises only for and in connection with the operation and maintenance of a Owner-approved communications antenna facility, equipment and cabinets and uses incidental thereto for providing radio and wireless telecommunication services. The Equipment shall be installed at VoiceStream's sole cost and expense in a manner approved by Owner in advance which approval shall not be unreasonably withheld. Frequencies. The transmitter and receiver frequencies to be used on the Premises are identified in Exhibits C and D. VoiceStream agrees to notify the Owner of any modified frequencies so that Owner can perform necessary interference studies. For the purpose of this Agreement, harmful interference shall be defined as transmitters that produce receiver desensing because of inadequate frequency spacing between new transmitters and existing receivers, or transmitters that produce second, third, or fifth order harmful intermodulation products within twenty (20) KHZ of existing receivers on the Premises. VoiceStream will not utilize transmitters at the Premises that cause harmful interference to existing radio users on the Premises. Owner acknowledges that, from time to time, VoiceStream, in the course of its business, may be required to change or to increase or decrease the number of frequencies upon which its transmits and receives, and that VoiceStream may do so provided that prior to any such changes or increases VoiceStream shall give Owner seventy two (72) hours written notice identifying such changes or increases. User Priority. VoiceStream agrees that the following priorities of use, in descending shall apply in the event of communication interference or other conflict while this Agreement is in effect: o Owner; Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Owner; Other governmental agencies where use is not related to public safety; and VoiceStream and other government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. Frequency Interference. The Owner, public safety agencies and other government units are allowed to place antennae or other communication faCilities on the Structure. VoiceStream shall immediately cure any such interference or, if such interference cannot immediately be cured, shall temporarily reduce power or cease the offending operations, until a cure at full power is achieved. If VoiceStream -6932- (e) (f) (g) 7.) causes impermissible interference with higher priority users as set forth above or with preexisting tenants, VoiceStream shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty-eight (48) hours after receiving Owner's written notice of the interference, VoiceStream shall immediately cease operating its Equipment and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 60 days after VoiceStream received Owner's written notice, Owner or VoiceStream may at its option terminate this Agreement immediately for cause and without payment of any damages. Interference Study - New Occupants. Upon written notice by Owner that it has a bona fide request from any other party to lease an area including or in close proximity to the Premises, VoiceStream agrees to provide Owner within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational by VoiceStream on the Premises at the time of such request. Owner may then have an independent, registered professional engineer of Owner's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to VoiceStream. Owner shall require the new applicant to pay the reasonable cost for such interference studies. Interference-New Occupants. Owner agrees that it will not grant a future lease in the Premises to any party who is of equal or lower priority to VoiceStream, if such party's use is reasonably anticipated to interfere with VoiceStream's operation of its Communications Facilities or would contribute to causing interference with higher priority users. Owner agrees further that any future lease of the Premises will prohibit a user of equal or lower priority from interfering with VoiceStream's Equipment. Owner agrees that it will require any subsequent occupants of the Premises of equal or lower priority to VoiceStream to provide VoiceStream these same assurances against interference. Owner shall have the obligation to eliminate any interference with the operation of VoiceStream caused by such subsequent occupants. If such interference is not eliminated, VoiceStream shall have the right to terminate this Agreement or seek injunctive relief against the interfering occupant, at VoiceStream's expense. Interference with Structure. VoiceStream shall not interfere with Owner's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Owner's use thereof no later than three business days after receipt of written notice of the interference from Owner. In the event that VoiceStream cessation of action is material to VoiceStream's use of the Premises and such cessation frustrates VoiceStream's use of the Premises within VoiceStream's sole discretion, VoiceStream shall have the immediate right to terminate this Agreement for cause and without payment for any damages. MAINTENANCE AND REPAIR. RJV- 192346v3 MU200-88 -6933- (a) Structure. Owner shall be solely responsible for the maintenance and repair of the Premises and the Structure, in a safe condition and fit for the use contemplated hereby. Except, however, any damage resulting from the acts or omissions of VoiceStream or its authorized agents shall be repaired by Owner, and VoiceStream shall reimburse Owner, upon demand, for all reasonable costs associated with such repair. The Owner shall provide Voieegtream with copies of invoices for any such repairs. (b) Equipment. VoiceStream shall pay and be solely responsible for the maintenance and repair of the Equipment. If VoiceStream fails to timely maintain or repair the Equipment as herein required, Owner may, but is not hereby required to after 30 days notice to VoiceStream, take reasonable steps to maintain or repair the Equipment, and VoiceStream shall reimburse Owner, upon demand, for all reasonable costs associated with such repair and maintenance. In addition, at all times during the Term of this Lease, all of the Equipment installed on the Structure shall be painted with paint provided by the Owner and VoiceStream shall reimburse Owner for the cost of the paint. The Owner shall provide VoiceStream with invoices for the paint. 8.) EVENTS OF DEFAULT. The occurrence of any one or more of the following events shall constitute an Event of Default under this Agreement: (a) Failure to Pay. VoiceStream shall fail to timely pay any amount due under this Agreement, and such failure shall continue uncured for more than thirty (30) days after receipt of notice thereof from Owner; (b) Failure to Perform. Except as otherwise stated herein, VoiceStream shall fail to perform any other covenant of this Agreement and VoiceStream does not cure or reasonably commence and proceed diligently to cure such failure within sixty (60) days after receipt of notice thereof from Owner; or (c) Bankruptcy. During the Term: (i) VoiceStream shall make an assignment for the benefit of creditors; (ii) VoiceStream files a voluntary petition under the Bankruptcy Code of the United States or any state statute similar thereto, or VoiceStream be adjudged insolvent or a bankrupt pursuant to an involuntary petition; (iii) a receiver or trustee is appointed for the property of VoiceStream by reason of insolvency of VoiceStream; (iv) any department of the state or federal government, or any officer thereof duly authorized, takes possession of the business or property of VoiceStream"by reason of the insolvency of VoiceStream; (v) VoiceStream continues in possession without the appointment of a receiver or trustee under ChVoiceStreamer 11 of the Bankruptcy Code; or (vi) VoiceStream is the subject of any petition or proceeding related to relief from creditors. 9.) REMEDIES ON DEFAULT. If an Event of Default occurs, Owner may at any time thereafter: (a) Terminate this Agreement. Terminate this Agreement pursuant to Section 10(b) below; and/or RJV- 192346v3 MU200-88 -6934- (b) Other Available Remedies. Pursue any other available remedies at law or in equity that may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of this Agreement. 10.) TERMINATION. Upon termination of this Agreement, except if terminated by reason of an Event of Default, VoiceStream shall be entitled to a refund of any Base Rent paid in advance. This Agreement may be terminated pursuant to any of the following provisions: (a) By Default. Either party may terminate this Agreement as described in this paragraph. If Owner or VoiceStream fail to perform any covenant of this Agreement and does not cure or reasonably commence and proceed diligently to cure such failure within sixty (60) days after receipt of notice thereof from the other party, the other party may at any time thereafter: (i) terminate this Agreement as of the date stated in such notice; and/or (ii) subject to the limitations of Section 27(k) herein, pursue any other available remedies at law or in equity that may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of this Agreement. (b) By Failure of Governmental Approval Contingency. Owner may terminate this Agreement if the Governmental Approval Contingency is not satisfied, including specifically as a result of an adverse finding in either the Interference Study or the Structural Stability Study. (c) By VoiceStream. VoiceStream may terminate this Agreement with cause, if: (i) VoiceStream gives Owner at least sixty (60) days notice of VoiceStream's exercise of this provision; (ii) VoiceStream is not in default under the terms hereof; (iii) VoiceStream pays Owner all outstanding amounts that are due and payable hereunder as of the termination date; and: (i) VoiceStream is unable, after exerting all reasonable efforts, to obtain and/or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Equipment or VoiceStream's business; (2) The Premises is or becomes unacceptable for technological reasons substantiated by the opinion of a radio frequency expert; (3) VoiceStream is unable to eliminate or reduce, to a level-acceptable to the parties hereto, the interference referenced in Section 6 herein, within sixty (60) days after such interference begins to occur. (d) By Owner. Owner may terminate this Agreement if Owner gives VoiceStream at least sixty (60) days notice of Owner's exercise of this provision, and: (1) Owner's Council decides, for any reason, to redevelop the Premises, or any portion thereof, in a manner inconsistent with the continued use of the Premises by VoiceStream, and/or discontinues use of the Structure for all purposes. The Owner will undertake its best efforts to provide notice of at least one year to VoiceStream; RJV-192346v3 MU200-88 -6935- (2) An independent structural engineer determines that the Structure is structurally unsound, after considering all reasonable factors, including without limitation, the age of the Structure, damage or destruction of all or any part thereof, and factors relating to condition of the Premises; (3) After considering relevant engineering studies, Owner determines that a Owner of Mound government unit as provided for in Section 6 herein cannot find another adequate location on the Structure, or the Equipment unreasonably interferes with the governmental unit's use of the Structure; or (4) By Owner, upon sixty (60) days written notice, if after engineering studies, it determines that a potential user with a higher priority under cannot find another adequate location, or the Equipment unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process, provided that Owner shall not at any time over the balance of the then existing term and all unexpired renewal terms, lease the Premises to another party with equal or lesser priority for the same use as that of VoiceStream. (5) Owner determines that VoiceStream has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder. (e) By Destruction. Either party may terminate this Agreement upon thirty (30) days notice, if, as a result of any natural disaster, act of God or other occurrence beyond the control of the parties hereto, all or any part of the Premises is destroyed or damaged to the extent that it is reasonably determined by Owner that such will be unusable for more than sixty (60) days. If this Agreement is not so terminated, Owner shall undertake to repair or replace the Premises within a reasonable period of time, and if such damage renders the Premises unfit for VoiceStream's use; and VoiceStream, by reason thereof, discontinues its use of such facilities, the Base Rent payments due hereunder shall abate in proportion to that part of the Premises that is rendered unusable, until such time as the Premises is again operational. 11.) INTERRUPTION. If the FCC or Owner determines that continued operation of the Equipment would cause or contribute to an immediate threat to public health and/or safety (except for issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Owner may order VoiceStream to discontinue its operation of the Equipment, or any part thereof. Pursuant to such order, such disconnection shall continue only for the period that the immediate threat exists. Owner shall not be liable to VoiceStream or any other party for any interruption of VoiceStream's operations at the Premises, except as may be occasioned by the gross negligence or willful misconduct of Owner, its employees or agents. During the Term, a temporary interruption or discontinuance of the operation of the Structure, VoiceStream's operations at the Premises, or any part or combination thereof, resulting from some occurrence beyond the reasonable control of Owner, shall not constitute a default under this Agreement, if the length of such interruption or discontinuance is commensurate with the seriousness of the event that caused the interruption or discontinuance. 12.) COMPLIANCE WITH LAW. RJV-192346v3 MU200-88 -6936- (a) VoiceStream. VoiceStream shall (i) acquire, at VoiceStream's sole expense, all necessary federal, state and local certificates, permits, licenses, zoning and other approvals that are necessary for VoiceStream to operate and maintain the Equipment on the Premises, as contemplated in this Agreement, and (ii) comply with all federal, state and local laws, and regulations that are applicable to such use of the Premises. (b) Subject to Section 12(a) above, Owner shall: (i) acquire, at Owner's expense, all necessary federal, state and local certificates, permits, licenses, zoning and other approvals that are necessary for Owner to operate and maintain the Structure, and (ii) comply with all federal, state and current local laws, and regulations that are applicable to the operation and maintenance of the Structure. 13.) TAXES. VoiceStream shall be solely responsible for charges, levies, taxes, assessments and similar impositions, directly attributable to VoiceStream's Equipment, the Building, or that arise out of VoiceStream's use of the Structure. Lessor agrees to furnish proof of such increase to VoiceStream. 14.) UTILITIES. VoiceStream shall be responsible for payment and separate metering of all utility services directly with the utility providers for services consumed by VoiceStream's operations at the Premises. 15.) INDEMNIFICATION. VoiceStream indemnifies Owner and holds Owner, its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of VoiceStream's use and occupancy of the Premises or the installation, operation, use, maintenance, repair, removal, or presence of VoiceStream's Antenna Facilities on the Premises, which may be asserted against or incurred by the Owner, including claims against the Owner for its alleged negligent issuance of permits or negligent inspection. VoiceStream does not agree to indemnify the Owner for claims of negligence of Owner not related to permit insurance or inspection. 16.) REPRESENTATIONS AND WARRANTIES. Without limiting the scope of paragraph 15 above, VoiceStream will be solely responsible for and will defend, indemnify, and hold Owner, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Premises associated with the VoiceStream's use of Hazardou~ Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA, other than such materials used in the ordinary course of VoiceStream's business in accordance with all applicable laws and regulations. Owner represents that it has no knowledge of any substance, chemical or waste on the Premises that is identified as hazardous, toxic or dangerous in an applicable federal, state or local law or regulation. 17.) INSURANCE. KIV-192346v3 MU200-88 -6937- (a) Coverage. During the Term, VoiceStream shall, at its sole expense, obtain and keep in force comprehensive general liability coverage with limits of not less than One Million Dollars ($1,000,000) each occurrence; One Million Dollars ($1,000,000) personal injury; Two Million Dollars ($2,000,000) general aggregate, and One Million Dollars ($1,000,000) products and completed operations aggregate, covering VoiceStream's work and operations at or in connection with the Premises, listing Owner as an additional insured. (b) Evidence of Coverage. Not less than ten (10) days prior to the expiration of any- then current policy, VoiceStream shall deliver to Owner, evidence of insurance in a form reasonably acceptable to Owner. Such coverage shall also provide that Owner must receive thirty (30) days' notice of any expiration or cancellation thereof, or change in coverage limits, and shall be issued in a form reasonably satisfactory to Owner. (c) Waiver of Subrogation. Notwithstanding anything in this Lease to the contrary, each party releases the other party from all liability, whether for negligence or otherwise, in connection with any loss covered by any policies which the releasing party carries with respect to such property, but only to the extent that such loss is collectible under such insurance policies. Any policy required to be obtained pursuant to this lease shall contain a Waiver of subrogation in favor of the party hereto. 18.) ASSIGNMENT. This Agreement and VoiceStream's rights and duties established hereunder, may be sold, assigned, or transferred at any time by VoiceStream to an affiliate or subsidiary under common ownership, without notice to or the consent of Owner. Subject to the foregoing sentence, VoiceStream shall not assign this Agreement or any of the rights or duties established hereunder without the prior written consent of Owner. Owner's consent shall not be unreasonably withheld or unduly delayed. Owner hereby consents to the assignment of its rights under this Agreement, as collateral, to any entity that provides financing for the purchase of the equipment to be installed at the Premises. 19.) CONDEMNATION. (a) Entire Premises. If, during the Term, the entire Premises shall be taken as a result of the power of eminent domain, condemnation proceedings, or other like proceedings (the "Proceedings"), this Agreement and all right, title, and interest of VoiceStream hereunder shall cease and come to an end on the date of taking of possession pursuant to the Proceedings. (b) Portion of the Premises. If, during the Term, less than the entire Premises shall be taken by the Proceedings, this Agreement shall, upon taking of possession pursuant to the Proceedings, terminate as to the portion of the Premises so taken, and either party may elect to terminate this Agreement with respect to the remainder of the Premises, as of the date of taking such possession, by giving the other party at least thirty (30) days notice. If neither Owner or VoiceStream elects to terminate this Agreement as to the remainder of the Premises, this Agreement shall continue in full force and effect, but the Base Rent shall be reduced pro rata in accordance with the percentage of value of the Premises so taken compared with the total value of the Premises immediately prior to such taking. KIV-192346v3 MU200-88 -6938- Nothing herein contained shall affect VoiceStream's obligation to pay in full the Additional Rent. Owner shall, however, at Owner's sole cost and expense, restore that portion of the Premises not so taken to a complete architectural unit for the use and occupancy of VoiceStream. (c) VoiceStream's Share of Condemnation Award. If all or any portion of the Premises is taken, VoiceStream shall not be entitled to any portion of any payment or award made in connection therewith. VoiceStream hereby expressly waives any right or claim to any portion of such award or payment. VoiceStream shall, however, have the right to claim and recover from the condemning authority, but not from Owner, such compensation as may be separately awarded or recoverable by VoiceStream on account of any and all damage to VoiceStream's business and relocation costs and expenses. 20.) QUIET ENJOYMENT. Except as otherwise provided for herein, VoiceStream shall have quiet and peaceable possession of the Premises throughout the Term, and Owner will not intentionally disturb VoiceStream's occupancy thereof as long as VoiceStream is not in default hereunder, subject to Owner's ongoing use of the Premises and Structure for a water Structure. Notwithstanding the foregoing, VoiceStream's right to quiet enjoyment shall not apply to events beyond the control of Owner, or interference during periods of normal and extraordinary repairs and maintenance of the Premises or Structure by Owner. 21.) REMOVAL AND SURRENDER; REMOVAL BOND. Unless otherwise agreed to in writing by Owner, within a reasonable period of time, not to exceed ninety (90) days, after the expiration or earlier termination of the Term, VoiceStream shall, at VoiceStream's sole expense, remove all of the Equipment from the Premises, and restore and surrender the Premises to Owner in good condition without damage thereto, reasonable wear and tear and casualty excepted. If VoiceStream fails to timely remove as required herein: (i) the Equipment shall be deemed abandoned and become the property of Owner (subject to the interests of other persons or entities disclosed in writing to Owner prior to the date of hereof); and (ii) Owner may take reasonable steps to remove the same and restore the Premises, and VoiceStream shall be responsible for, and pay upon demand by Owner, all reasonable costs associated with such removal and restoration. Upon the commencement of this Agreement, VoiceStream shall deposit with the Owner the sum of Two Thousand and No/100 Dollars ($2,000.00) or provide for a $2,000.00 bond or irrevocable Letter of credit which principle shall be fully refunded to VoiceStream upon the timely removal of the Equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Owner, reasonable wear and tear and casualty excepted. The provisions of this paragraph shall not be limited by Owner's waiver of rights concerning the Communications Facility as provided for in paragraph 20. 22.) BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, assigns and successors in interest. 23.) LIENS. VoiceStream shall not permit any mechanics or other liens to be filed or placed against the Premises or any part thereof by reason of work, services, materials supplied to or claimed to have been supplied to VoiceStream, and if such lien is filed against the Premises at any time, VoiceStream shall cause the same to be discharged of record by paying the amount claimed to be due, shall deposit with the court an amount equal to the amount claimed, or shall RJV-192346v3 MU200-88 -6939- post bond for the same, within thirty (30) days of the date of such filing. If VoiceStream shall fail to discharge such lien or to so deposit such amount within such period, then, Owner may, but is not hereby required to, take reasonable steps to discharge such lien, and VoiceStream shall reimburse Owner, upon demand, for all reasonable costs incurred by Owner in connection with such discharge. 24.) ADDITIONAL BUILDINGS. Owner shall have the right to permit the construction of other buildings on the Premises and VoiceStream shall permit such buildings to be placed immediately adjacent to the Building and to allow certain attachments to be added to the Building so as to give the appearance that the Building and the other buildings are a connected facility. Such attachments shall be made at no cost to VoiceStream and will not comprise the structural integrity of the Building. 25.) NOTICE. Any notice, election, request, or other communication herein required or permitted to be given or served shall be delivered to the other party hereto (with receipt obtained therefor), or mailed by United States certified mail, return receipt requested, postage prepaid, properly addressed to such other party at the following address: (a) If to VoiceStream: VoiceStream Minneapolis, Inc. c/o VoiceStream Wireless Corporation 12920 SE 38th Street Bellevue, WA 98006 Attn: PCS Lease Administrator and Legal Department with an additional copy to: VoiceStream Minneapolis, Inc. Attn: Real Estate Department 8000 West 78th Street, Suite 400 Minneapolis, MN 55439 (b) If to Owner: City of Mound Attn: City Manager 5341 Maywood Road Mound, MN 55364 with an additional copy to: Kennedy & Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 Unless and until changed by notice as herein provided, notices and communications shall be addressed to the above-listed addresses. Each such mailed notice or communication shall be deemed to have been given to, or served upon the party to which addressed, (i) on the date the same is personally delivered or (ii) on the date set forth on the certified receipt. All payments required by this Agreement shall be made to Owner at the address designated above, or as may be hereafter designated. RJV- 192346v3 MU200-88 -6940- 26.) CASUALTY. If any portion of the VoiceStream's Property or Communications Facility is damaged by any casualty and such damage adversely affects VoiceStream's use of the Property, this Agreement shall terminate as of the date of the casualty if VoiceStream gives written notice of the same within thirty (30) days after VoiceStream receives notice of such casualty. 27.) MISCELLANEOUS. (a) Applicable Law. The parties acknowledge that this Agreement is subject to the provisions of applicable federal and state laws and regulations. Any obligation, duty or provision under this Agreement that conflicts with any provision of applicable federal or state laws or regulations, is to that extent void. This Agreement has been made, and its validity, performance and effect shall be determined in accordance with the internal laws of the State of Minnesota. (b) Waiver. The waiver by either party of a breach or violation of, or failure of either party to enforce, any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation or relinquishment of any rights hereunder. (c) Entire Agreement and Modification. This writing represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all previous agreements of whatever nature between the parties with respect to the subject matter. This Agreement may not be altered or amended except by an agreement in writing signed by both parties. (d) Headings; Exhibits. The headings of sections in this Agreement are for convenience only; they form no part of this Agreement and shall not affect its interpretation. The Statement of Facts contained herein, and all schedules, exhibits, addenda or attachments referred to herein are incorporated in and constitute a part of this Agreement. (e) Severability. If any part of this Agreement is invalid or unenforceable under applicable law, that part shall be ineffective only to the extent of such invalidity or unenforceability without in any way affecting the remaining parts of the provision or this Agreement. (f) Sublet/Sublicensing Prohibited. VoiceStream shall not sublease, license or otherwise make the Premises available to others for use in any manner. (g) Construction. Both parties hereby acknowledge that they participated equally in the negotiation and drafting of this Agreement and that, accordingly, no court construing this Agreement shall construe it more stringently against one party than against the other. (h) Counterparts. This Agreement may be executed in two or more counterparts, each, of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. RJV-192346v3 MU200-88 -6941 - (i) Trade Term Usage. Words used in this Agreement shall be given the meanings that they normally possess in the wireless communications industry, unless otherwise specifically defined herein. (j) Recording. At the option of either party, this Agreement, or a mutually agreeable Memorandum hereof, may be recorded in the real property records of the county where the Premises is located. (k) Limitations on Owner's Liability. Notwithstanding any provisions to the contrary contained herein, if Owner terminates this Agreement other than as provided in this Agreement, or breaches this Agreement, Owner's liability for damages to VoiceStream as a result thereof, shall be limited to the actual and direct costs of Equipment removal, relocation and repair, and shall specifically exclude any recovery for value of the VoiceStream's business as a going concern, future expectation of profits, loss of business or profit, or related damages to VoiceStream. (1) Waiver of Landlord's Lien. To the extent permitted by law, the Owner hereby waives any and all lien rights it has or may have concerning the Equipment or any portion thereof which shall be deemed personal property for purposes of this Agreement, regardless of whether or not the same is deemed real or personal property under applicable law. (m) Prevailing Party. The prevailing party in any action or proceeding in court to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party, up to an amount not to exceed $5,000. (n) Authority. Owner represents and warrants that Owner has full authority to enter into and sign this Agreement and has good and marketable title to the Property. (o) Laws. This Agreement shall be construed in accordance with the laws of the State of Minnesota. Each party agrees to furnish to the other, within (10) days after request, such truthful estoppel information as the other may reasonably request. (p) Negotiation Expenses. VoiceStream shall pay Owner's documented legal and related costs associated with negotiation of this Lease in an amount not to exceed $2,700. IN WITNESS WHEREOF, the parties have executed this agreement as of the date indicated on page 1 hereof. VoiceStream Minneapolis, Inc. A Delaware corporation By¸ Michael O'Rourke Its Director of Engineering and Operations City of Mound, a Minnesota municipal corporation By Its Mayor By Its City Manager RIV-192346v3 MU200-88 -6942- STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of , 2001, by Michael O'Rourke, the Director of Engineering and Operations of VoiceStream Minneapolis, Inc. a Delaware corporation, on behalf of said corporation. Notary Public RJV-192346v3 MU200-88 -6943- STATE OF ) COUNTY OF ) The foregoing instmmem was acknowledged before me this day of , 2001, by and ., the Mayor and City Manager, respectively of the City of Mound, a Minnesota Municipal Corporation on behalf of the Municipal corporation. Notary Public RJV-192346v3 MU200-88 -6944- EXHIBIT A Attached to and Forming a part of the Water Structure Space Lease Agreement Legal Description - Premises: LEASE TRACT VOICESTREAM SITE ALP410- MOUND, MN EVERGREEN LAND WATER TOWER That part of the east 300.00 feet of the west 660.00 feet of the south 165.00 feet of Government Lot 3, Section 23, Township 117 North, Range 24 West, Hennepin County, Minnesota, described as follows: Commencing at the southwest comer of said east 300.00 feet of the west 660.00 feet of the south 165.00 feet; thence on an assumed bearing of South 88 degrees 46 minutes 17 seconds East, along the south line of said Government Lot 3, a distance of 10.00 feet; thence North 02 degrees 22 minutes 03 seconds East a distance of 19.24 feet to the point of beginning of the lease tract to be described; thence continuing North 02 degrees 22 minutes 03 seconds East a distance of 20.00 fee; thence South 87 degrees 37 minutes 57 second East a distance of 10.00 feet; thence South 02 degrees 22 minutes 03 seconds West a distance of 20.00 feet; thence North 87 degrees 37 minutes 57 seconds West a distance of 10.00 feet to the point of beginning. The lease tract contains 200 square feet. RJV-192346v3 MU200-88 -6945- EXHIBIT B Attached to and Forming a part of the Water Structure Space Lease Agreement Site Plan: See the seven (7) attached drawings identifying the specifications, Initial Equipment, and required landscaping, and depicting the Structure Space, numbered as follows: 2. 3. 4. 5. 6. 7. A1 P410-T1 (Project Information and General Notes) A1 P410-C 1 (Site Plan and Enlarged Site Plan) A1 P410-Al (Tower Elevation and Antenna Information) A1 P410-S 1 (Antenna Mounting Details and Sections) A1P410-S2 (Details and Sections) A1P410-S3 (Painting Notes) A 1 P410-E 1. (Power and Grounding Plan) RIV-192346v3 MU200-88 -6946- EXHIBIT C Attached to and Forming a part of the Water Structure Space Lease Agreement Operating Frequencies: Transmit: 1950-1965 Mhz Receive: 1870-1885 Mhz RJV-192346v3 MU200-88 -6947- EXHIBIT D Pursuant to the Lease Agreement dated between the City of Mound, a Minnesota Municipal Corporation ("Owner") and VoiceStream Minneapolis, Inc., a Delaware corporation ("VoiceStream"). CITY OF MOUND WATER TOWER COMMUNICATIONS SITE STANDARDS The following specifications shall apply: Proposed Radio Band: Proposed Radio Frequency: Proposed Base Station: Power Output: Antenna types: GHz MHz MHz (First Carrier) __ dBM per channel The following will also apply if applicable: Unless housed in a separate solid, walled, closed room dedicated to single user, all equipment must be housed in a RF tight, metal enclosure. Desktop base stations and open racks cannot be used unless separate RF tight enclosures are provided around individual transmitters and receivers. Additional shielding kits may be required. ° All receivers must be adequately protected with a band-limiting device, such as cavities, duplexers or other filters. Unprotected preamplifier devises or receivers will not be guaranteed freedom from radio frequency interference. ° May manufacturers provide receiver options for maintaining narroTM receive bandwidth. These devices, typically crystal filters, will be used whenever necessary to eliminate interference problems caused by overload. At least 60 dB of isolation for 440-470 MHz and 800-920 MHz transmitters and 25 dB of isolation for 140-170 MHz and 30-50 MHz transmitters must be provided. A band pass cavity must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case by case basis. EXCEPTION: Frequency bands not covered above will be reviewed and subject to proper installation and operation. o Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter provided that maximum effective radiated power (ERP) will be 1640 watts. EXCEPTION: Higher power levels will be considered on a case by case basis. Additional protective devices may be required. RJV-192346v3 MU200-88 -6948- o Only jacketed copper Haliex cable will be permitted for transmission line at the site. All on-site intercabling must use RG/9, RG/142, RG/214, 1 5/8 inch co-ax superflex or equivalent. RGB or any other single shielded cable will not be allowed. All outside connections must be dept weather tight at all times. VoiceStream may use 1 5/8" cable and DIN connectors. All transmitters must have band-pass cavities that will provide at least the following attenuation of side bank noise: 30-50 MHz band: 140-170 MHz band: 440-470 MHz band: 800-920 MHz band: 15 dB at 1 MHz 15 dB at 1.5 MHz 15 dB at 2.5 MHz 20 dB at 10 MHz EXCEPTION: Requirements for transmitters outside of these bands will be Considered on a case by case basis. Each cabinet must be identified by the owner's name, address and FCC station license. It must also have the name and telephone number of the responsible service agency. Each user will inform the Lessor of all receive and transmit frequencies in use at all times. Any changes in frequency use or modifications of any kind of equipment will be reported to and approved by the Lessor at least 10 days prior to the change. Where it can be demonstrated that there is a strong likelihood such frequency use will result in an interference problem, testing of that frequency use prior to its actual operation may be required by the Lessor. GENERAL EQUIPMENT SPECIFICATIONS ANTENNAS: See Exhibit B drawings. ANTENNA MOUNTS: See Exhibit B drawings. COAX CABLES: See Exhibit B drawings. RADIO EQUIPMENT: See Exhibit B drawings. UTILITIES: See Exhibit B drawings. RJV- 192346v3 MU200-88 -6949- CITY OF S~:~hl~ P~RK 3~1P01 M~Y 04 '01 10:47 1 2 3 $ $ 7 9 10 ... 11 3.2 13 1,4 17 3.9 20 21 22 23. 24, 25 26 2'7 28 29 ~tober ,,,,,-.-:_ 19~, by end ~e~a~ ~e C~t~ o~ ~d,'. a. ~tct~al co.oration o~ ~e Co~ o~ ~ep~n ~ S~e ~tnneso~, pa~y of ~he ~trs~ p~, ~ ~e Ct~ of ~ He~epin ~d State of Mi~es~a, p=y oE the se~ ~, ~a~, ~, ~be ci~ o~ S~R~..F_~ ~ ~~, ~e Cit~ of Mo~d has ~e facllitie~ ~ . e~lRmen~ a~ t~ willing, a~ ~le =o p~vtde fi~ .. ~~, ~e City of Mo~d ~s prepared for ~a City o~ ........ ~P~NG PA~ ~ ~ual financial b~get cov~G t~ck b~d~d tnd~te~e~s~ fire e~i~ ~pttal ~tla~s, ~nual ope~tlng costs a~ Piton' s Relief .Associa~i~n. NOW, ~~O~, in conai~era~ion of ~ pr~sea ~d the mutual covenants of the panics hereto, it is a~e~ as follows: 1} Defi~itic~~_~s_~= For the pu~se of ~him Agreement, ~he =e~ in ~t~ ~e~tion ~hall have ~e following meanings given to ~. A. "Contact year" m~ns a 12 mon~ peri~ duri~ which ~ire pro=ection se~ices are to be rendered or were rendered to ~he Ci=y of SPRING PA~ ~ by =he Ci~y-of Mound. The contra~ year shall co~oe on ~nu~ I and resinate on the next Dec~m~r 31. -6950- CITY 0~ S~l~ P~K J31 PR MAY 04 '01 18:48 32 33 34 35 3? 38 40 42 .,44 46 47 49 SO 51 52 54 50 61 62 B. ,,con==ao~ing cities" means any city which is a percy ~o ~is con=rac~ or a si~Llar oon~rac~ which by i~s terms is interrelated wi~ ~ts con~ract ~or ~e punches o~ de=eralning total cost for th~ contrac=inq'cities ere Hirme~onka B~aoh, Minnetris~a, Orono, ghor~0~, spring and Mo~d. p=el~tna~ e~t~a2ed and a~ual co.ts of ~eratin~ ~e ~pa~en= ~f ~e Ci=y of Mo~d for a given con, fac= year, incZuding bu= no~ l~i=ed to: Fire Drill Pay Salaries Office $.uppltes .~. ~opy Machine Operating Supplies, ~eneral Fire l~evention service ~ofessional Se~i=~ G~eral Halfpence c~icntions (Radio aeplaC~t) Postage Telephone ~rintinq (Insurance Other E~tpmen~ Repair. Building Re, ir Rental of ~ipment Miscellaneous -6951 - CITY OF Sm~IHG P~K ~1 PO~ ~9~4Y 04 '01 10:4B '/3 74 76 77 75 7~ Conferences & Schools Dues & subscriptions O~her Contractual ObLi~at~on~ Capital hereto. 2) ~ea p~o~e~ed, xn accurate wi~ ~e Ce~ an~ provis~ons ~ereot, ~e City of Ho~ ~al~ prairie :ire proration ae~ice ~ar ~e City of _ SP~NG P~ i~ ~e area legally descried on E~it K, ~d aa ahoy. on ~e Fire Semite ~ Map ~ibi: ~. 3) Z~el o~ Se~ice. ~e City of ~d, ~~h irs Fire Depa~en:, shall em~ea~r to p:~te~ a~ save 'l~e. 81. and p~pe~y from deat~ction by ~i~ in said area ~ ~e a2 ~ ext~t as i~ does within' ~e Cltg of Mo~d. 83 4) A~nis~=a~iv8 ao~p~hil~tv. ~e f~e 84 pro~eo=ion ~e~ic~ render~ to ~e oon~at~g oitie~ ~hall 85 be ~der the sole direc:ion of ~e City o: Mo~d. ~e 86 de~ee o~ $~ices rendered, ~e a~ndar~a o~ perfo~e, 87 ~he firing ~d discipline cf ~e personnel assigned, and SS other ~tters relating to requ!ation and policies, ~all 89 r~ain in the contel of' ~he City of Mo~d. ~2 disputes. ~0 be%wa~ the par:ies to ~is agre~ent aa to ~e ~t of 91 functions and duties to ~ ~ndered he=eunder, or ~e level 92 or ~nne: o: perto~ce ~ such aspics, ~all ~ resolved 9~ by the City Hanage: of ~e City of Mo~d. If ~e ~4 contracting city disagrees wi~ the resolution, it may ~5 appel, with~ sev~ days, in writing, ~o ~e Ct~ of Mo~d ~6 asking for arbitration, as provided ~ paragraph 5. The ~7 City Manager of the City of M~ shall s~mit to the g$ contracting cities a mon~ly repo~ of me~ice~ r~dered :o -6952- 61~d?lglGO CITY DF SF~IHG PP~K 331PB.4 MAY Od '0! 10:J9 lO0 101 105 107 105 11). 3.3.3 114, 115 116 117 ~he contracting cit~ ms w~11 as suggestions r gar~llg any oh~ge~ ~mt may be helpS1. Perso~el ~asi~ed to praise fire prote~on se~u,s in ~e contract~g city s~11 to worker'; oom~ation, Piton' s Relief ~sociation, w~oldi~ ~x, ~sur~, etc. for su~ volt,esr firemen, i~ ~y. ~a con~ract~q ci~ ~all not ~u~iah any of ~e foregoing frogs ~e contracting ct=y ~loys such ~ro~eo=lon mm~l~s ~n ~e oont~oting cit~. ~ ~oh ev~t, of much ~ployee o= pe~on ~11 shall be entered into ~ ~e oont=a~g =i~ wi~out first 119 city of Ho~d. 120 121 122 123 124 125 126 1,31 ].32 6) ~R~. This agreement shall r~ain in a~ually automatic=lly h~r~after ~or a su~essive year ~less cancelled ~ eider p=~y b~ se~ing written ~Ice upo~ the city Clerk of all co~tra~ing 'cities by, 7) O~$~ to th~ C~tv of SP~NG P~_ , . A. ~ for and ih consideration of .rendi=ion of Fire Protection Se~ices under ~m agre~ent, ~e City of SPRING P~K ..... ;hall pay ba;e oo~; de=e~ined by the fo~ula, as ~llus~ated below, for each con~r~c= year. 1) aSSa~:_Falua~i.=n:.of_~he~ ~i=e.__Se~ca ~rea ~ff ~ach ContractIDg Ci2w The asaessad valuation of ~e -6953- 61247!9160 CITY ElF Sc'RING PP~F( ~31 PO~ M~Y 04 '01 10;51~ 2,34 140 141 149. 143 144 145 ],46 14~ '149 con, race remains in e~£ec~, Fire Service Area o~ e~c~ con~gac~ix~ due and parle for~e y~= ~ediatel~ ~u~get year. ~e S~rce ct ~e aaaesa~val~tAon ~sessor's Deplane. ~e level of se~i~ sh~l ~ de~in~by~e'n~r fire calla, res~e calla a~~l aid ~11~ baaed ho~s. ~e ~o~ula o~ usess~ value, toned l~els se~.i~ ~ea by ~e oon~ra~i~ city will assessed valuation of ~e y~r p=eoeding ~a ~ree previo~ years av~age o~ ~e m~ ho~G p~id~ to ~e contracting oi~y. ~ese will ~h~ ~1~ e~ally giving ea~p~ioi~g cig~ l~s ~ro~=age cf ~e.budget for ~e u~m~% ye~. ~e City 150 152 153 154 156 159 ~.~o each contracting city of ~he preliminary oos~ estimates for the next con~rac~ year. By October I of each year, the'City of Mound shall notify each oontr~cting city of the estimated- costs for ~he next contract year. The final estimated coat shall be paid in'egual q~ar~erly insYallments on =anuary 1, ~ril 1, July I and October I of the nex~c co~a~ yea= by ~ha con=rac~in~ city to ~he City of Mound. The con~.~a~ting city unders=an~s amd agree~ t~a= it is impossible ~o project wi~h comple~e accurac~ ~e actual cos~ for labor an~ e~uipment as well as ~he service to be require~ by each ci=y for ~he forthcoming contract year, and therefore hereby agrees to a yearly audi= =o adjust t. he prior year's estimated cost of service as set forth above to =he actual costa incurred by t/~e City of Houn~. On o= before April 1 of each year, the City o~ Mound will tabulate the actual cost of ~he Fire Depar~men~ Budget for t_he prior contact year aha will submit to each -6954- 6124719160 CITY OF SA~IN~ P~,K 331PB6 MAY 0~ '01 10:50 ].72 175 174, ~ aoo~e~ ~1 a ~d bal~e e~l to t~ p~c~ (10%) o~ ~% prior 175 cities will deci~e whether to reduce ~eir ~nnual 177 178 179 180 181 183 184 185 186 189 190 191 192 19] 194 196 197 198 199 200 operating contribution to offset the operating fund balance or cen~rlbute ~o keep it at ~e ten perc~t (Lo%) rmse~e level. ~e f~d may be u~ilized ~o pay ~y ~c~ase for a ~jority does not appr~e, ~e ~9~! cost pa~s shall be paid in an amo~t ~o l~er ~e 100% of. ~at yea~ final estimates oos=s. ~e allo~tion of the c~dit or ~it shall be made ~rsu~t ~o ~a basic cos= fo~ula se~ ~ve. A) In or,ar to facilita~ ~a acco~ti~ and reposing o~ all fire =~ds, a a~ial ~d oallea ~i~e Se~ioe ~" ia h~eby crea~ed. ~1 .a~ensas shall coma ~rom ~ia f~. O~er separate .already in ~lst~ca. include, Fire ~pa~an= Capi=al Outlay F~ (E~tpmen~ Aese~e} i Firemen's Relief Association ~nd~ ~d Fire ~ok Bon~ad Indebte~ess ~d. ~epo~ on each of ~ese ~s will also be p~vided 2o each contrac~ing city ~ ~he ci~ o~ ~o~d, ~uall2 ~ollowing ~he con~rac~ ~ear. ~) If anM of ~e above mentioned ~nds, for ~hat~ver reason~ shall become delin~ent and add!~ional funds prior ~o ~he ne~ con~rac~ year, each contracting c~ty shall be no=irked of such shot=age in ~stimated revenue ~d khe con2rac2~ng p~r2its, by majority of all of the contractinq cities shall vote to transfer from -6955- 202 .gu~r~erly OOsts Set ~Or~h i~ l~rsgTaph 3 above, 203 204 205 206 207 208 209 210 211 212 213 2!4 215 '** 216 218 220 221 222 224 225 226 22'7 229 23O 231 B. ~. Zf ~he oon~ac~in~ city is by the determination of the City of l~.ound as to the alloca- tion of 'l~e a~utl cOltS Of the p~OL' yla~;i s&L*v','j.c~41r the contracting city ~ay appeal said ~e~er~i~a~ien wi=him 30 days after receipt of ~he City of Mound's audi~. appeal shall be made in writing ~nd shall be addr~ to the City of Mound ask/ag for arbitration by a Bo~r~ thr~e persons: one to be appointed bY the Cit~ of Mound~ one to be appointed by the apple, ling oon~racting city; and the third to be appointe~ by the two so selecte~. Th~ name of each arbi~ator, solec~sd shall be s~.b...~itted, in writht~, selecte~ do not appoint the third arbitrator within '15 .da~s a~teg their appointment, the Chief ~udge of the Cou~t of Hennepin County shall have J~risdio~ion to a~point, ........ upo~ application of either the City of ~ound o~ the appealing contracting city, the %hird arbitrator to the Board. The third ~rbitrator selected shall not be a resident of either contracting oi~y, and shall be ~ city manager or cit~. adm~niltrator. The arbitrator's expenses counsel fees, incurrs~, in =he Conduc~ of the shall be divi~ed e~ually between the parties to ~he a=bi=ra=ion. Arbitration shall be con~u~ted in w£~ ~he Uniform Arbitration A~, Chapter 5?2 of the Minnesota S=a=u~es. Sai~ arbitration shall be binding on both parries. C. "-a~_ A..~a! ~x_umnai.~urm ,..a_~d/.0r~ ~n~e r~_u ~ Not withstanding any of the above, oontrao=ing cities shall have' the right to be hear~ regarding any proposed capital e~enditures, which are not in -6956- 6124719160 CITY OF SPRING PF-~K 331PO~ MAY 04 '01 10:52 235 236 23'7 238 239 241 ~or in~er~ ~ncreas~ in ~e ~ds no~ o~e~ise included in ~e ~ual budge~. Ho~tce of such p~posod and non- b~eted ca~a2 ~d[~ur~ and/or ~nter~ ~creas~s ~n ct~ies shall ~eaft~ ~ve ~ days in ~tch to ap~=ove o~ disapprove ~e same in ~it~g and if ~re is no r~se 243 which disapproves ~he expenditure, 245 248 it is agreed that such proposed expenditures may be made and the cost thereof sh~ll be included ~n ~ha~ year's b~dge~, oontra~cing cities a~rree~hat it is important ~hat~hs volunteer =ir~en of ~o city o~ Ho~d have a relief association that will provide retirement bene£tts after retirement to compensate the ~iremen for all the volunteer 251 'hours ~hsy contributed. The contracting cities also realize 252 the wisdom o~ contributing 2o ~his £und on a pay as you go 253 besis. The contracting ci~i~ also geco~ize ~a= as 2~4 retiram~t levels increase ~t iddition~ oon~uttons 255' will bo re~ired beyond ~e present 1988 con~ution level. 256 257 :258 260 261 264 265 266 267 The retirement costs paid to the Relief Association'shall be considered as a part, of the prior years operating costs. The contrac~cin~'cities amount being Paid for relief benefits will be paid until and unless a ma~orl=y of ~e contrao~ing cities approve increased benefits and increased oontribu- ~ions to the fund. I. Prior Cg~raot. l~ ~ound cancels this contract under ~hs p=o¥isions cf section ~-{ or f~ a oon~aoting city canc~lsthe contrac~ for ~he ~xprsss purpose of establishin~ its own fire department, then the capital expenditure to purchase any capital equipment as provided ~or in amendment =o ~he previous contract da~ed December 2, 1971, and amended December 5, 1978, shall govern ~he contributing 8 -6957- 6124719160 CITY O~ SPRING P~ 3M1 P89 MAY' 04 '01 10:S8 27O 372 273 275 276 ~e ~rior contract. No~i~st~din~ oon~ra~, or in prior con=rac~ ~twmen ~e ~i~, any oredi= or d~i= due to a ~ntraot~g pro.orion ~twe~ the ~ies shall follow~q p~su~t oon~a~ ~n~ly CITY OF SPRII~G PA~K and By: Part,cia Osmonson Its Agmlnis ~rator ~Clerk/T~eas. · CITY OF MOUND Mayor Its; City ~nager -6958- JOINT COOPERATIVE AGREEMENT AND CONTRACT FOR FIRE SERVICE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. THIS AGREEMENT, made and entered into this 1st day of January 2001, by and between the City of Mound, a municipal corporation in the County of Hennepin and State of Minnesota, and the City of Shorewood, a municipal corporation in the County of Hennepin and State of Minnesota. WITNESSETH: WHEREAS, The City of Shorewood is desirous of having fire protection service furnished by the City of Mound Fire Department, and WHEREAS, The City of Mound has the facilities and equipment and is willing and able to provide fire protection service to the City of Shorewood and WHEREAS, The City of Mound has prepared for the City of Shorewood an annual financial budget covering truck bonded indebtedness, fire equipment, capital outlays, annual operating costs and Fireman' s Relief Association. NOW, THEREFORE, in consideration of the mutual covenants of the parties hereto, it is agreed as follows: Section 1. DEFI~TITION OF TERMS. For the purpose of this Agreement, the terms in this section shall have the following meanings given to them. 1.01. "Contract term" means a 3 year period during which fire protection services are to be rendered or were rendered to the City of Shorewood by the City of Mound. The contract term shall commence January 1 and terminate after three (3) years on December 31. 1.02. "Contracting Cities" means any city which is a party to this contract for the purposes of determining total cost for services. The contracting cities are Minnetonka Beach, Minnetrista, Orono, Shorewood, and Spring Park. 1.03. "City of Mound Fire Budget" shall include all preliminary estimated and actual costs of operating the Fire Department of the City of Mound for a given contract year, including but not limited to: Officers and Fire Inspector's Pay Drill Pay Monthly Salaries FICA / PEKA Office Supplies Copy Machine and Fees Operating Supplies Motor Fuel Cleaning Supplies Safety Supplies Fire Prevention Professional Services Medical Services General Maintenance 1 -6959- 43 44 45 46 47 48 49 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69 70 71 72 73 74 75 76 77 78 79 80 81. 82 83 84. 85 86 87 88 Pagers - Fire Dept. Postage Telephone Printing Worker's Comp. Insurance General Liability Insurance Electricity Gas Service Garbage Other Equipment Repair Building Repair Rentals Radio Rentals Miscellaneous Conferences and Schools Dues and Subscriptions Capital Outlay Fire Truck Repair Fireman's Relief Association Payments 1.04. "Fire Service Area" of each contracting city shall be that area within the City shown on Exhibit A attached hereto. Section 2. AREA PROTECTED. The City of Mound shall provide fire protection service for the City of Shorewood in the area legally described on Exhibit A, and as shown on the Fire Service Area Map Exhibit B. Section 3. LEVEL OF SERVICE. The City of Mound, through its fire department, shall endeavor to prevent, protect and save life and property from the destruction by fire in the protected area to the same extent as it does within the City of Mound. The extent of service provided through the City of Mound Fire Department will include but not be limited to, fire inspection and prevention service through a member of the Mound Fire Department or an approved sub contractor, as well as "professional quality" fire and rescue protection. Any fire inspection and prevention service sub contractor must be approved and supervised by the Mound Fire Department Fire Chief. Section 4. ADMINISTRATIVE RESPONSIBILITY. The fire protection services rendered to the contracting cities shall be under the sole direction of the City of Mound. The degree of services rendered, the standards of performance, the hiring and discipline of the personnel assigned, and other matters relating to regulation and policies, are in the control of the City of Mound. Any disputes between the parties to this agreement as to the extent of functions and services to be rendered hereunder, or the level or manner of performance of such service, shall be resolved by the City Manager of the City of Mound. If a contracting city disagrees with the resolution of the dispute, it may appeal, within seven days, in writing, to the City of Mound asking for arbitration, as provided in section 8. The City of Mound shall submit to the contracting cities a monthly report of services rendered to the contracting city as well as suggestions regarding any changes that may be helpful. 2 -6960- 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. Section 5. VOLUNTEER FIREFIGHTERS OF THE CITY OF MOUND. Personnel assigned to provide fire protection services in the contracting city shall be volunteer firefighter of the City of Mound. Mound assumes all obligations with regard to worker's compensatio~ Firef~ghter's Relief Association, withholding tax, insurance, etc. for such volunteer firefighter. The contracting city shall not be required to furnish any of the foregoing fringe benefits or assume any other liability of employment to any employee or other person assigned to duty within the contracting city. If the contracting city employs such employee or person directly, independent of this agreement, to provide fire protection services in the contracting city, all obligations and liabilities with respect to employment of such employee or person shall be the responsibility of the contracting city. No such direct employment shall be entered into by the contracting city without first obtaining the written approval of the City Manager of the City of Mound. Section 6. TERMINATION. This agreement shall remain in full force and effect until January 1, 2004, and be renewed automatically hereafter for a successive contract term unless cancelled by either party by serving written notice upon the City Clerk of all contracting cities by January first of the year prior to the contract term expiration. Section 7. COST CALCULATIONS. Cost for and in consideration of rendition of Fire Protection Service under this agreement, shall be determined by the formula, as illustrated below, for each contract year. 7.01. ASSESSED VALUATION OF ~ FIRE SERVICE AREA OF EACH CONTRACTING CITY. The assessed valuation of the Fire Service Area of each contracting city is based on taxes due and payable for the year immediately preceding the budget year. The source of the assessed valuation data shall be the official figures of the Hennepin County Assessor's Department. 7.02. LEVEL OF SERVICE FOR PRIOR CALENDAR YEAR. The level of service shall be determined by the number of fire calls, rescue calls and mutual aid calls based on personnel hours. The formula of assessed valuation and levels of service used by the contracting city will incorporate the assessed valuation of the year preceding the budget year and the three previous years average of the personnel hours provided to the contracting city. These will then be balanced equally giving each participating city its percentage share of the budget for the upcoming year. 7.03. BUDGET. By September 1 of each year, the City of Mound shall notify each contracting city of the estimated costs for the next contract year. The final estimated cost shall be determined and all contract cities notified by December 15 of each year. The final estimated cost shall be paid in equal quarterly installments of January 1, April 1, July 1 and October 1 of the next contract year by the contracting city to the City of Mound. The contracting city understands and agrees that it is impossible to project with complete accuracy the actual cost for labor and equipment as well as the service to be required by each city for the forthcoming contract year, and therefore hereby agrees to a yearly audit to adjust the prior year' s estimated cost of service as set 3 -6961 - 135 136 137 138 139 140 141 142 143 144 145 146 147. 148. 149. 150. 151. 152. 153. 154. 155 156 157 158 159 160 161 162 163 164 165. 166. 167. 168. 169 170 171 172 173 174 175 176. 177. 178. 179. 180. forth above to the actual costs incurred by the City of Mound will tabulate the actual cost of the Fire Department Budget for the prior contract year and will submit to each contracting city a summary of actual costs. The actual cost of the Fire Department Budget for the prior year and a summary of the actual costs will be submitted to all contracting cries by September 1. The actual costs set forth for the prior contract year may result in either a credit or a debit to each contracting city. If a surplus is carried over from the prior year, paid monies shall be placed in a reserve fund. Said reserve fund shall be accrued until a fund balance equal to ten percent (10%) of the prior year's operating budget is arrived at. Once the reserve fund level is established, the contracting cries will decide whether to reduce their annual operating contribution to offset the operating fund balance or contribute to keep it at the ten (10%) reserve fund level. The fund may be utilized to pay any increase for service if a majority of all contracting cities approve. Ifa majority does not approve, the annual cost payments shall be paid in an amount to lower the 100% of that years final estimated costs. The allocation of the credit or debit shall be made pursuant to the basic cost formula set forth above. 7.04. FIRE DEPARTMENT FUNDS. In order to facilitate the accounting and reporting of all fire funds, a special Fund of the CRy of Mound called "Area Fire Service Fund" is hereby crated. All operating expenses shall come from this fund. Other separate funds already in existence include, Fire Department Capital Outlay Fund (Equipment Reserve), Firemen's Relief Association Fund, and Fire Truck Bonded Indebtedness Fund. Reports on each of these Funds will also be provided to each contracting city by the City of Mound, annually following the contract year. All financial issues and reports related to these funds will be the responsibility of the City of Mound Finance Director/Treasurer. 7.05. DELINQUENT FUNDS. If any of the above mentioned Funds, for whatever reason, shall become delinquent and require additional funds prior to the next contract year, each contracting city shall be notified of such shortage in estimated revenue and the contracting parties, by majority of all of the contracting cries shall vote to transfer from the reserve fund or to pay as a part of the current year's quarterly costs set forth in paragraph 3 above. Section 8. ARBITRATION. If the contracting city is aggrieved by the determination of the City of Mound as to the allocation of the actual costs of the prior year's service, the contracting city may appeal said determination within 30 days after receipt of the City of Mound's audit. Said appeal shall be made in writing and shall be addressed to the City of Mound asking for arbitration by a Board of Arbitration. The Board of Arbitration shall consist of three persons: one to be appointed by the City of Mound; one to be appointed by the appealing contracting cry; and the third to be appointed by the two so selected. The name of each arbitrator selected shall be submitted, in writing, to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 15 days after their appointment, the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either the CRy of Mound or the appealing contracting city, the third arbitrator to the Board. The 4 -6962- 181. 182. 183. 184. 185. 186. 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201. 202. 203. 204. 205. 206. 207, 208 209, 210 211 212 213 214 215. 216. 217. 218. 219. 220. 221. third arbitrator selected shall not be a resident of either contracting city, and shall be a City Manager or City Administrator. The arbitrator's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. Said arbitration shall be binding on both parties. Section 9. CAPITAL EXPENDITURES OR INTERIM INCREASES IN TIlE FUND. The contracting cities shall have the right to be heard regarding any proposed capital expenditures by the City of Mound which are not in the annual estimated cost budget and which exceed $25,000.00 or interim increases in the funds not otherwise included in the annual budget. Notice of such proposed and non budgeted capital expenditures or interim increases in Funds shall be in writing to the contracting cities prior to actual expenditures for such items and the contracting cities shall thereafter have ten days in which to approve or disapprove the same in writing. If a contracting city does not disapprove the expenditure, it is agreed that such proposed expenditure may be made and the cost thereof shall be included in the year's budget. Section 10. FIRE DEPARTMENT RELIEF ASSOCIATION. The contracting cities agree that it is important that the volunteer firefighters of the City of Mound have a relief association that will provide retirement benefits after retirement to compensate the firefighters for all the volunteer hours they contributed. The contracting cities also realize the wisdom of contributing to this fund on a pay as you go basis. The contracting cities also recognize that as retirement levels increase that additional contribution will be required beyond the present 2001 contribution level. The retirement costs paid to the Relief Association shall be considered as a part of the prior years operating costs. The contracting city's amount being paid for relief benefits will be paid until and unless a majority of the contracting cities approve increased benefits and increased contributions to the fund. Section 11. PRIOR CONTRACT. If Mound cancels this contract under the provisions of section 6 or if a contracting city cancels the contract for any reason, then the capital expenditure fund established to purchase any capital equipment will be evaluated and the contributing city's capital investment will be considered. Notwithstanding any language herein to the contrary, or in prior contracts between the parties, any credit or debit due to a contracting city or to the City of Mound on account of prior agreements and contracts for fire protection between the parties shall be payable in the year following pursuant to the contract currently in force. 5 -6963- CITY OF ~HOREWOOD CITY OF MOUND By: Its Mayor By: Its Mayor And And By: Its City Clerk By: City Manager 6 -6964- Engineering , Planning ~ Surveying May 1, 2001 Ms. Glenda Spiotta Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road, Suite 37 Navarre, Minnesota 55331 SUBJECT: City of Mound Surface Water Management Plan Review and Approval MFRA# 10293 Dear Glenda: Kandis and I appreciated:the, opportunity to present Mound's Surface Water Management Plan (SWMP) before the MCWD Board of Managers last Thursday. This letter is a follow up to our discussion with the Managers and incorporates their specific requirements to receive SWMP approval. The four items below were identified in your previous correspondences as not entirely meeting the MCWD requirements. All these items were discussed with the Board at Thursday's meeting. We understand that the following proposed actions and language to be incorporated into the SWMP will meet the Boards requirements and will allow the SWMP to be approved. The items are as follows: 1. Wetlands Functions and Values Assessment. We understand that the MCWD has begun the functions and values assessment within the City of Mound. The CitY will Participate in the effort and will assist with the wetland ranking protocol:After the assessment is:completed the information will be included as an Appendix of the SWMP and the appropriate Goals, Policies, and Implementation Strategies will be updated as necessary. In addition, the City will consider developing a wetland management system based upon the findings of the assessment. At Thursday's meeting, the Board indicated that the City's SWMP would be approved without the assessment being completed since the District will be completing the effort. 2; Wetland Buffers. The City will incorporate the following wetland buffer information into the 'S~: ' ",'. "': ;': '"'!:';~::::'~i~:':':"::: ::":~':" ;:':':':~::".!:~-' Al: :'" ;,':;i; The City:will:reqUire natural ,wetland .bUfferS around existing wetlands or: replacement.wetlands with development proposals. The buffer shall be a native vegetative strip with widths based on the size of the abutting wetland as shown in Table 6 below. 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-marl: mfra@mfra, com -6965- Ms. Glcnda Spiotta May 1, 2001 Page 2 TABLE 6 - WETLAND BUFFER WIDTHS Adjacent Wetland Size (Ac) 0-1.0 16.5 1-2.5 20 2.5-5.0 25 >5.0 35 Buffer Width (ft) Wetland buffers will not be required for development proposals that disturb an area less than 5,000 square feet and involve the grading, excavation, or filling of less than 50 cubic yards of soil. We understand that the proposed wetland buffers meet the MCWD standards. 3. Excavation in Wetlands. The City will incorporate the following verbiage in the SWMP related to excavation in wetlands: The City will manage wetlands in conformance with the Minnesota Wetlands Conservation Act (WCA) of 1991, its amendments and rules (MN Rules Chapter 8420). In addition, the City will require the following: A. Wetland excavations for the purpose of wildlife enhancement will comply with the criteria described in the MDNR publication "Excavated Ponds for Waterfowl" (1992). Bo Excavations in wetlands for purposes other than wildlife habitat improvement will comply with the sequencing requirements of the WCA. Unavoidable wetland excavation in semi- permanently or permanently flooded areas of Type 3, 4, or 5 wetlands will be replaced at a 2:1 ratio. A wetland replacement ratio of 1:1 will be required for unavoidable excavation in other wetland areas unless the following criteria are met for a "self-mitigating" wetland intended to improve water quality or for wetland restoration: 1) The wetland has been degraded as defined by the Minnesota BWSR; 2) A MNRAM assessment shows that the excavation would result in an increase in overall function and value of the wetland, and; 3) The wetland design is designed such that the enhanced value will be maintained over time. We understand that the proposed excavation in wetlands policies meet the MCWD standards. -6966- Ms. Glenda Spiotta May 1, 2001 Page 3 We believe that the District's outstanding issues have been fully addressed by this letter and the proposed actions. Please review this information and placed the Approval of the SWMP on the Board's May 10, 2001 Agenda. Thank you in advance for your assistance. If you have any questions or need additional information, please call me at (763) 476-6010. Sincerely, MFRA Daniel M. Parks, PE /dmp cc: Kandis Hanson, City Manager, City of Mound parks/jobs/mcwd5.1.01 -6967- TO Letter of Transmittal City of Mound Engineering · Planning · Surveying 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 612/476/6010 · fax 612/476/8532 e-maih mfra~mfra, com DATE 4/23/01 [ JOB 10293 ATIENTION Kandis Hanson CLIENT City of Mound RE: SWMP WE ARE SENDING YOU [] Attached [] Under separate cover via [] FedEx [] Mail [] Messenger The following items: [] UPS [] Shop Drawings [] Copy of letter [] Prints [] Change Order [] Specifications [] Plans [] Samples [] 1 Recent MCWD Comment/Reviews REMARKS For your review and files. COPY TO SIGNED: Daniel Parks If enclosures are not a - 6968 -ndly notify us at Sent by: WENCK ASSOC. 783 479 4242; 04/08/Ul ~:89AMj~41j rage MEMORANDUM Wenck To: FrOm: Olenda Spiotta Mirmehaha Creek Watershed District Lisa Tilman ¢ Date:. Subject: April 6, 2001 City of Mound Surface Water Management Plan Changes Review Wenck File/tO 185-04-267i INTRODUCTION On behalf of the M!nnehaha Creek Watershed District, Wenck Associates has completed our review.of the.proposed changes re the City of Mound Surface Water Management Plan (SWMP).. The City of Mound:addressed the District's March.2,. 2001 review comments in a letter from Daniel Parks of ME. RA dated April 3, 2001. The purpose of this memorandum is to discuss the proposed Plan changes and provide comments on conformance with the requirements of local plans as defined in Minnesota Rules Chapter 8410, the Minnehaha Creek Watershed District Rules, and the District Water Resources Management Plan. -(-, 'SUMMARY The City of Mound has adequately addressed previous comments on ordinances, runoff rate ce.ntt01 and function and value wetland classification system. Additional changes need to be made for the Plan to be as stringent as MCWD Plan and Kules. The City has proposed the following in response to review comments: · The City has completed an inventory of necessary ordinance changes and will update existing ordinances within the 180 day timeframe required by Statute 103B.235 and will enter into a cooperative agreement to allow the transfer of peanit authority.' - · The Plan will be amended to include maintaining ruaoff rates equal to or below .the 1 year even! as well as the $ and 100 year events already analyzed. The City of Mound will incorporate the District's function and value assessment when it is completed and will update goals and policies based on the results. The City will consider establishing a management classification. · The City will require wetland buffers of an average width equal to the Distrivt's current requirements. The minimum buffer width cannot be less than 50% of the required average and the average calculation cannot include a buffer width greater than 150% of the required average. · , The City will require that excavation for wildlife enhancement in wetlands comply with DNR recommendations and will manage wetlands in accordance with the Wetland Conservation Act. Excavation for other purposes will be -6969- Minnehaha Creek Watershed District REQUEST FOR BOARD ACTION PREPARED BY: TELEPHONE: E-MAIL: REVIEWED BY: City of Mound Water Resource Management Plan TYPE: I--1Action CIConsent I~Discussion CIInformation Glenda D. Spiotta, Planner/Program Manager 952-471-0590 gspiotta@minnehahacreek, org [] Administrator [] Board Committee [] Counsel [] Senior DistrictTech I~ Consulting Engineer [] District Technician [] Planner/Program Mgr [] Other Date: April 12, 2001 Fiscal/FTE Impact: [] None [] Amount included in current budget [] Budget amendment requested [] Project/program adjustment needed for FTE [] FTE included in current complement [] New FTE(s) requested [] Other (include explanation in text). PURPOSE or ACTION REQUESTED: Discuss City of Mound's proposed Plan changes and provide direction on any outstanding issues. SUMMARY: ,Over the past months, the City of Mound and MCWD staff and engineering consultants have progressively ..... Addressed a number of outstanding city Plan issues. The City of Mound has made significant changes to their Plan based on MCWD review comments, diligently returning certain matters to the City Council for discussion and resolution. At this point, the majority of MCWD concerns have been addressed. However, before we can recommend Board approval of the Mound WRMP, we would need to find the wetlands sections to be in conformance with the MCWD Plan, which is now not the case. There needs to be a discussion with the Board on a proposed wetlands buffer strategy under consideration by the City. There are two general topics not fully resolved at this time: a. Mound's Wetlands Functions and Values Assessment is in process through auspices of the MCWD/HCD partnership and is scheduled to be completed this spring following field verification work. The City will incorporate the District's function and value assessment when completed and will update its goals and policies based on the results. The City will consider establishing a management classification. (The Mound work is underway and can be handled in the Cooperative Agreement). b. MoUnd's _wetland'bufferS and mitigation for excavation requirements are not consistent with MCWD rules. (See Wenck memorandum dated April 6, 2001) Included for your review are the following background memos: a. June 13, 2000 b. September 1, 2000 c. September 12, 2000 d. February 2,2001 e. March 2, 2001 f. April 3, 2001 g. April 6, 2001 Initial Wenck review comments Metropolitan Council review comments Mound plan timelines from MFRA for City MRFA response to June 13, 2000 Wenck comment letter Wenck review comments to proposed Plan changes MRFA response to MCWD review comments Wenck repsonse to latest Plan proposed changes STAFF RECOMMENDATION: Staff recommends the Board discuss the City's wetland requirements with the City's consulting engineer, providing the City the opportunity to directly present their position and receive Board input and direction. ~XPLANATION OF FISCAL/FTE IMPACT: Local water resource management plans reviews are budgeted for 2001. -6970- Glenda Spiot~a ' Minnehaha Creek Watershed District April 6, 2001 Page 2 of 2 required to provide 1:1 replacement unless an increase in function and value cm be proven. RECOMMENDATIONS The following re, commendations address the proposed change~ to the City Plan in response to initial Plan review comments of the District. , The proposed changes have adequately addressed concerns with ordinances, and runoffrates, and the incorporation of wetland functions and value assessment results. , Th~ change in wording ~o require buffers is an improvement, however, the requirement of an average buffer is not as stzingent as the District Rule D and will not provide as high a level ofprote~cion of wetlands as Rule D. Buffer widths can be reduced to accommodate existing peamanent structu~s, but reduced widths are not allowed on a regular basis. An average buffer width requirement would regUlarly allow buffers to be less than 16.5 £eet, the minimnm required by District Rules and the minimum allowed under the Wetland Conservaticm Act To grant public value credit for establi~hlng a native buffer. , Under Rule D, bu_t'fers are required on all si~.~ that need a permit from the District. Requiring b~Ters only on "major development proposals" would not be as strict as the current Rule D. Buffers need to be required for all wetlands impacted by filling or excavation and for wetlands on sites with new dc'velopmcnt or changes in development. · MitigatiOn for excavation in wetlands other than Types 3, 4, and 5 should include the three requirements for self-mitigating as practiced by the District. Wher~ excavation in a d~graded wetland is intended to improve water quality or restore ff~e wetland and the following critcrria are rr~t, the excavation can be determined to be "self-mitigating" ancl no additional mitigation is required. 1. Th~ disturbed wetland has been substantially degraded as defined by BWSR. 2. A M~M asscssement shows that the excavation would result in an increase in overall function and value of the ,wetland. 3. The project is designed such that the enhanced value will be maintained over time. T:\01~lS\04~26ZMouud Plan Clinics m~.rno2.doc -6971 - MEMORANDUM Wenck To.' l~rom: Datc: Subject: Glenda Spiotta Minnehaha Creek Watershed District Lisa Tilman ~/ April 9, 2001 City of Mound Surface Water Management Plan Ordinance Review Wenck File #01 $5-04-267i INTRODUCTION On behalf of the Mirmchaha Creek Watershed District, Wcnck Associates has completed our review of the proposed changes to the City of Mound Ordinances relating to the Surface Water Management Plan (SWMP). The proposed ordinance language changes were submitted April 6, 2001. Thc existing ordinances were not submitted for review. The purpose of this memorandnm is to discuss the proposed ordinance changes and provide comments on conformance with the Minnehaha Creek Watershed District Rules and the District Water Resources Management Plan. SUlVfMARY The City of Morned is requesting p~rmitting authority for District Rules B, C, D, and N. The City proposes changes to the following ordinances: · Shoreland Management, · Grading, Soil Erosion and Sedimentation Control, and · Drainage, Grading, Erosion and Sediment Control. Compliance with Rule B - Erosion Control would be covered under the Grading, Soil Erosion and Sedimentation Control ordinance and the Drainage, Grading, Erosion and Sediment Control ordinance. The proposed new additional language is the same for both ordinances and includes a requirement that an erosion control plan be approved with any building permit that includes soil disturbance. Minimization of disturbance is emphasized. No grading or filling will be allowed within 40 feet of the Ordinary High Water (OHW) mark. Re,oration is required within five days after completion of' grading, ErosiOn control will be required m be installed prior to site grading. Erosion control practices used are required to be consistent with the City's Best Management Practices Handbook. The District's Rule B requires permits for any land disturbing activity of 5,000 square feet or greater or 50 cubic yards or greater. Mound will only requixe aa ~rosion control plan when a building permit is required. Any amount of disturbance associated with thc building permit will require an erosion control plan. MCWD R.ulcs requixc compliance with the MPCA manual "Protecting Water Quality in -6972- Olenda Spiotta Minnehaha Creek Watershed District April 9, 2001 Page 2 of 2 Urban Areas" which outlines BMPs. Since the Motmd BMP handbook was not submitted for review it is assumed that it is similar to the MPCA manusl, Depending on what types of activities require a building i~crmit, these ord'mance changes should adequately cover the requirements of Rule B. Ordinance changes for Rule C- Floodplain Alteration compliance are not specifically mentioned. The listed change to the Shoreland Management ordinance is to require that impervious surface cover for business, industrial, public, and mixed uses not exceed 75%, To comply with Rule C, an ordinance should state that no net decrease in 100-year flood storage is allowed. Changes to the Wetland ordinance are intended to allow the transfer of authority for Rule D - Wetland Protection. The only change is to include a buffer requiremcnt~ Natural buffers would be required for development or redevelopment sites requiring a MajOr Subdivision. The buffers are of the widths required for Rule D, but an average is allowed with widths orS0% to 150% of thc require. The buffer must rcmsin unmaintsined and no structures arc allowed in the buffer. The City will require monument markers at thc wetland and buffer edge. Kcquiring buffers only for major subdivisions and regularly allowing an average buffer width is less restrictive than Rule D. Rule lq compliance is included in the Gr~dlng, Soil. Erosion, and ScSimentation Control ordinance. The basic levels of requirements for BMPs, water quantity control, and water quality control are taken directly from Kule N. However, the requircrncnts for each o£ the three categories, BMPs, water quantity control, and water quality control, are not discussed. As subrnittcd~ the proposed changes do not meet the requirements of Rule N. RECOMMENDATIONS The following recommendations address the proposed changes to the City orclinanccs. Existing ordinances relating to Rules B, C, D, and N should bc reviewed before thc transfer of permitting authority. To determine compliance with Kule B. it should be clarified what a~tions require a building Permit from the City. Ordinance language pertaining to floodplzin alteration should be submitted for review. · The buffer requirement should be changed to require buffers on all sites requiring a permit and to eliminate the allowanc~ of an average width. Direction should be taken from thc Board of Managers on this issue. e An expJaitation of the requirements for BMPI, water qua.,~ity control, and water quality control shoult be i~tci.d~ to comply with Rule -r:~o i 81~04~267hMound ordinance m~mo.doc -6973- TOTRL P. 0~ City of Mound Water Resource Management Plan Outstanding Review Elements April 12, 2001 (See attached Wenck Associates memo, dated April 9, 2001) A. Wetland Buffers Mound is proposing to require wetland buffers for major subdivisions only, Buffers are of required widths for Rule D but an average is allowed with widths of 50% to 150% of the required. Clarification is necessary: a. When does City intend to apply buffer requirements? b. Will buffer averaging be any acceptable.technique? B. Erosion Control Erosion control requirements are applied only to areas needing Building Permits. City needs to describe this application as it appears that no erosion control is required for grading and site preparation work for large areas nor for road work. MCWD rules use a 5,000 square foot or 50 cubic yards or greater of excavation to trigger application of an erosion control requirement. Mound BMP handbook needs to be submitted for review for compliance with MCWD Rules/MPCA manual "Protecting Water Quality in Urban Areas." Mound does include the basic levels of requirements for BMPs, water quantity control, and water quality control, yet requirements of each category, are r~ot discussed. C. Wetlands Functions and'Values Assessment Mound is one of two priority cities scheduled for immediate completion of its wetlands functions and values. Field work is set for May, 2001 as the weather -6974- permits. The City is advised that it will be involved in the determination of the reference wetlands. ~Estimated date for .completion is June, 2001 after which time the City has to incorporate results into the City's WRMP. A provision of the Cooperative Agreement would be to allow the City 120 days to review the wetlands functions and values assessment and make appropriate modifications, if necessary, to the City's WRMP. D. Floodplain Mound's ordinance information is incomplete at this time. Shoreland Management ordinance is to require tl~at impervious surface cover for business, industrial, public and mixed uses not exceed 75%. Ordinance should state that Ilo rlet decrease in 100-year flood storage is allowed. -6975- MEMORANDUM Wenck To; From: Date: Subject: Glenda Spiotta Minnehaha Creek Watershed District Lisa Tilman ~/~ April 9, 2001 City of Mound Surface Water Management Plan Ordinance Review Wenck File #018'5-04-267i INTRODUCTION On behalf of the Minnehaha Creek Watershed District, Wenck Associates has completed our review of the proposed changes to the City of Mound Ordinances relating to the Surface Water Management Plan (SWMP). The proposed ordinance language changes were submitted April 6, 2001. The existing ordinances were not submitted for review. The purpose of this memorandum is to discuss the proposed ordinance changes and provide comments on conformance with the Minnehaha Creek Watershed District Rules and the District Water Resources Management Plan. SUMMARY The City of Mound is requesting permitting authority for District Rules B, C, D, and N. The City proposes changes to the following ordinances: Shoreland Management, Wetlands, · Grading, Soil Erosion and Sedimentation Control, and · Drainage, Grading, Erosion and Sediment Control. Compliance with Rule B - Erosion Control would be covered under the Grading, Soil Erosion and Sedimentation Control ordinance and the Drainage, Grading, Erosion and Sediment Control ordinance. The proposed new additional language is the same for both ordinances and includes a requirement that an erosion control plan be approved with any building permit that includes soil disturbance. Minimization of disturbance is emphasized. No grading or filling will be allowed within 40 feet of the Ordinary High Water (OHW) mark. Restoration is required within five days after completion of grading. Erosion control will be required to be installed prior to site grading. Erosion control practices used are required to be consistent with the City's Best Management Practices Handbook. The District's Rule B requires permits for any land disturbing activity of 5,000 square feet or greater or 50 cubic yards or greater. Mound will only require an erosion control plan when a building permit is required. Any amount of disturbance associated with the building permit will require an erosion control plan. MCWD Rules require compliance with the MPCA manual "Protecting Water Quality in -6976- Glenda Spiotta Mirmehaha Creek Watershed District April 9, 2001 Page 2 of 2 Urban Areas" which outlines BMPs. Since the Mound BMP handbook was not submitted for review it is assumed that it is similar to the MPCA manual. Depending on what types of activities require a building i)ermit, these ordinance changes should adequately cover the requirements of Rule B. Ordinance changes for Rule C - Floodplain Alteration compliance are not specifically mentioned. The listed change to the Shoreland Management ordinance is to require that impervious surface cover for business, industrial, public, and mixed uses not exceed 75%. To comply with Rule C, an ordinance should state that no net decrease in 100-year flood storage is allowed. Changes to the Wetland ordinance are intended to allow the transfer of authority for Rule D - Wetland Protection. The only change is to include a buffer requirement. Natural buffers would be required for development or redevelopment sites requiring a Maj or Subdivision. The buffers are of the widths required for Rule D, but an average is allowed with widths of 50% to 150% of the required. The buffer must remain unmaintained and no structures are allowed in the buffer. The City will require monument markers at the wetland and buffer edge. Requiting buffers only for major subdivisions and regularly allowing an average buffer width is less restrictive than Rule D. Rule N compliance is included in the Grading, Soil Erosion, and Sedimentation Control ordinance. The basic levels of requirements for BMPs, water quantity control, and water quality control are taken directly from Rule N. However, the requirements for each of the three categories, BMPs, water quantity control, and water quality control, are not discussed. As submitted, the proposed changes do not meet the requirements of Rule N. RECOMMENDATIONS The following recommendations address the proposed changes to the City ordinances. · Existing ordinances relating to Rules B, C, D, and N should be reviewed before the transfer of permitting authority. · To determine compliance with Rule B, it should be clarified what actions require a building permit from the City. · Ordinance language pertaining to floodplain alteration should be submitted for review. · The buffer requirement should be changed to require buffers on all sites requiting a permit and to eliminate the allowance of an average width. Direction should be taken from the Board of Managers on this issue. · An explanation of the requirements for BMPs, water quantity control, and water quality control should be included to comply with Rule N. T:\0185\04'O.67~Mound ordinance memo.doc -6977- Engineering ,, Planning ~ Surveying April 5, 2001 Ms. Glenda Spiotta Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road, Suite 37 Navarre, Minnesota 55331 SUBJECT: City of Mound Surface Water Management Plan Review and Approval MFRA# 10293 Dear Glenda: Last month, you and Lisa Tilman of Wenck Associates met with me to discuss the latest MCWD review of Mound's Surface Water Management Plan (SWMP). Subsequent to our meeting, I have presented the remaining outstanding issues with the Mound's City Council and staff. I trust that this letter addresses the issues and allows the SWMP to be presented to the MCWD Board of Managers for approval. The comments to follow address the six issues presented in Ms. Tilman's March 2, 2001 memorandum. Attached to this letter is a listing of ordinances that will be changed to be consistent with the SWMP. I understand that Minn. Statute 103B.235, Subd. 4, requires the City to implement its plan within 120 days and to amend its official controls within 180 days of plan approval by the MCWD. The City has initiated those activities and intends to comply with those time periods. It appears that the statute presumes approval of the SWMP by the watershed prior to ordinance preparation. From our discussions I understand that the MCWD will not transfer permit responsibility until after the ordinances have been approved by the City and reviewed by the District, and that a Cooperative Agreement between the MCWD and the City will formalize the transfer. The SWMP will be amended to require maintaining runoff rates for the 1-year, 5-year and 100-year storm events. -6978- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mail: mfra@mfra, corn Ms. Glenda Spiotta April 5, 2001 Page 2 I understand that the wetlands functions and values assessment has been initiated by the MCWD for wetlands within the City of Mound. The City is willing to participate in that effort and to provide insight in the wetland ranking protocol. After the assessment is completed the information will be included as an Appendix of the SWMP. In addition, the appropriate SWMP Goals, Policies, and Implementation Strategies will be revisited and updated as necessary with the wetlands information. Also after the assessment is completed, the City will consider developing a wetland management system based upon the findings of the assessment. I understand that the MCWD's plan "encourages" the development of a wetland management system, rather than "requiring" its preparation (See attached page from MCWD Plan). 4 & 5. The City will incorporate the following wetland buffer information in the SWMP: The City will require natural wetland buffers around existing wetlands or replacement wetlands in major development proposals. The buffer shall be a native vegetative strip with average widths based on the size of the abutting wetland as shown in Table 6 below. The minimum buffer widths shall not be less than 50% of the table value and the calculation of the average width shall not include buffer widths greater than 150% of the table value. TABLE 6 - WETLAND BUFFER WIDTHS Adjacent Wetland Size (Ac) Buffer Width (ft) 0-1.0 16.5 1-2.5 20 2.5-5.0 25 >5.0 35 The City will incorporate the following verbiage in the SWMP related to excavation in wetlands The City will manage wetlands in conformance with the Minnesota Wetlands Conservation Act (WCA) of 1991, its amendments and rules (MN Rules Chapter 8420). In addition, the City will require the following: Wetland excavations for the purpose of wildlife enhancement will comply with the criteria described in the MDNR publication "Excavated Ponds for Waterfowl" (1992). Excavations in wetlands for purposes other than wildlife habitat improvement will comply with the sequencing requirements of the WCA. Unavoidable wetland excavation in semi-permanently or permanently flooded areas of Type 3, 4, or 5 wetlands will be replaced at a 2:1 ratio. A wetland replacement ratio of 1:1 will be required for -6979- Ms. Glenda Spiotta April 5, 2001 Page 3 unavoidable excavation in other wetland areas unless a functions and values assessment demongtrate, that the proposed excavation is self-mitigating by increasing the overall quality of the resource. We appreciate your prompt review of this information and desire to be placed on the Board's April 12, 2001 Agenda for consideration of SWMP approval. Thank you in advance for your assistance. If you have any questions or need additional information, please call me at (763) 476-6010. Sincerely, MFRA Daniel M. Parks, PE /dmp cc: Kandis Hanson, City Manager, City of Mound s:\main :LMou 10293 :\correspondence~spiotta4-3 -6980- MEMORANDUM Hoisington Koegler Group Inc. To: Kandis Hanson, City Manager From: Loren Gordon, City Planner Date: March 28, 2001 Subject: SWMP implementation language for Zoning Code revisions In anticipation of the Minnehaha Creek Watershed District (MCWD) approval of the City's Surface Water Management Plan (SWMP), draft language has been prepared for subsequent zoning code updates. The zoning revisions are necessary in order for the MCWD to mm over review and approval authority to the City. To date, Jon Sutherland, Dan Parks and myself have been involved in identifying the areas of the plan that need to have ordinance language put in place. The Planning Commission has also reviewed language at their March 26th meeting. The Commission was very supportive of the SWMP and proposed language. To facilitate the review process with the MCWD, the following language will be submitted for their cursory review. There are two major areas of review. One is the increased hardcover allowance in the Shoreland Management Ordinance for nonresidential properties. The second addresses wetland buffering, found in the Wetland Ordinance. It should be noted that the proposed language is not a change of practice, because the MCWD is already requiring these buffers with development. Staffis proposing the following language to comply with SWMP implementation. Shoreland Management - 3 5 0:1200 Section 350:1225, Subd. 6(B)(2) Impervious surface coverage for business, industrial, public, and mixed uses shall not exceed 75%. Mixed use projects dannot be exclusively residential to qualify for this impervious surface standard. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -6981 - 1>.2 SWMP zoning code implementation March 28, 2001 Wetlands - Section 350:1100 Section 350:1121 Wetland Buffers. When a site is proposed to develop or redevelop in a manner that requires a Major Subdivision, a natural wetland buffer shall be provided. The minimum buffer width along a wetland or replacement wetland within each lot may range from 50 to 150 percent of the requirement in order to provide flexibility and encourage a natural appearance. Subd. 1. Wetland Buffer Widths Wetland Size (Ac) Bu__ffer Width (ft.) 0-1.0 16.5 1 -2.5 20 2.5 - 5.0 25 > 5.0 35 Subd. 2. Setbacks. All structures, roadways, driveways, and parking areas must be located outside of the required buffer. Exceptions to the setback include stairways, walkway& and trails. Subd. 3. Protection of Wetland Buffers. Wetland buffers can be established by preserving existing native vegetation, supplementing existing vegetation, or replanting the buffer with native vegetation. The wetland buffer shall left unmaintained, except when burned to promote its continued health. A delineation of both wetland and buffer edges shall be established through the use of monument markers as approved by the City. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -6982- 'q~~areas~whe~'qtte*~i~plet~;~:'.vent~/~ Local plans are · required by statute to be completed wi~in two years of approval of the District's PI'an. The District will encourage municipalities to utilize the methodology set forth in the document Wetland evaluation teeTmiques (WET): Volume II: Methodology, Operation Draft Technical Report Y-87, U.S. Army Corps of Engineers (1987) for determining function and value. The District will encourage, municipalities to utilize the classification system ~et. forth in the document ,,,,~ ..i ...... '__ ' '' States (Cowardin, et al., 1979 edition). 'l~e~ist~i.~o~,~ ~ '*ipatiti~to cl.~s~,_ .we~d!.. ~¢or~g Xo the ~ae)t .~lassifi~fion.~,sy~m dgy..el.~ed? b~,~th~,' Dis~as~s~t4~0.i~h above. 3. Principal Watershed Lakes The DNR classifies 40 watershed basins as lakes. The lake inventory for the District, however, includes 67 basins over 10 acres in size (27 of which are classified as type 3, 4 Or 5 wetlands). Tables 11-25, II-26 and I1-27 summarize this information and includes information on the DNR. Physical Classification status. The major lakes basins are sorted by watershed area as follows and listed in alphabetical order wi~in these groups: Lakes in the Lake Minnetonka sub-basin, Hennepin County. Lakes in the Lake Minrtetonka sub-basin, Carver County. Lakes in the Minnehaha Creek sub-basin, east of Interstate 494. The DNR has classified 22 of the 67 listed lakes and wetlands as principal watershed lakes. These lakes warrant further discussion. Size, depth and relative importance in providing sport fishing opportunities provided the primary basis for the principal lake designation. N:V} l 85V~*2231Wom'~0~Plan,3.1~t-AES-ljv 42 -6983- CITY OF MOUND RESOLUTION NO. APPROVAL OF PRELIMINARY LAYOUT NO. 11 FOR THE CONSTRUCTION OF CSAH 15 ON NEW ALIGNMENT BETWEEN EXISTING CSAH 15 APPROXIMATELY 191 FEET EAST OF CYPRESS LANE AND EXISTING CSAH 15, APPROXIMATELY 682 FEET WEST OF CSAH 110 (AKA COMMERCE BOULEVARD) AS WELL AS ADJOINING PORTIONS OF CSAH 110, IN THE CITY OF MOUND WHEREAS, preliminary layout no. 11 for the proposed construction of County State Aid Highway No. 15 on new alignment between existing CSAH 15 approximately 191 feet east of Cypress Lane and existing CSAH 15, approximately 682 feet west of CSAH 110 (aka Commerce Boulevard), as well as adjoining portions of CSAH 110, has been prepared and presented to the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Plans for the construction of CSAH 15 on new alignment between existing CSAH 15 approximately 191 feet east of Cypress Lane and existing CSAH 15, approximately 682 feet west of CSAH 110 (aka Commerce Boulevard), as well as adjoining portions of CSAH 110, identified as Layout No. 11 County Project No. 9417, are hereby approved, subject to agreement by the City Manager and County Transportation Engineer upon: a) b) c) d) e) width of right of way; streetscape improvements; curb radii of taming movements; taper distances; and stacking distances. Authority is hereby granted to acquire all rights of way, permits and/or easements required for said improvements in accordance with said plans. The City shall ban the parking of motor vehicles within the project limits of the portion of CSAH 15 which is within County Project No. 9417. The City will not be using tax increment financing for any portion of the project cost. Dated: May ,2001. Pat Meisel, Mayor ATTEST: Bonnie Ritter, Acting City Clerk RJL-197083vl MU220-4 -6984- Hennepin County Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 763-74.5-7500, Phone 763-478-4000, FAX 763-478-4030, TDD www. co.hennepin.mn.us April 25, 2001 Ms. Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: County's 2001 - 2005 Transportation Capital Improvement Program (CIP) In order to aid in coordination of each of our roadway projects over the next five years, we are providing a list of projects in your city that are included in Hennepin County's adopted 2001-2005 Transportation Capital Improvement Program. The list that follows is presented first by budget year, then road number and finally a brief caption of the project. County County Budget Highway/ Year Project No. General Proiect Description and Limits Funded 2002 15/9417 Reconstruct Road from CSAH 110 to 0.25 Miles East Note that the column "County Budget Year" is the first year that construction funds would be budgeted by the county. Thus, the year is more of a funding schedule than a construction schedule. Right of Way acquisition may precede the budget year for construction; while actual construction may be the same as, or follow, the budget year listed above. The list above does not include projects funded in prior years that have been delayed or projects currently under construction. It also does not include maintenance projects such as overlays, signage, or spot safety improvements performed by our Operations Division. Enclosed for your information are data sheets on each of the projects listed above, with a location map on the backside. The data sheets provide some detail on the purpose, location and description of each project. For the funded projects the data sheets also include a cost breakdown as to anticipated sources of funding. The details and cost participation for each project will be further refined as each project progresses. An Equal Opportunity Employer - 6 9 8 5 - Recycled Ms. Kandis Hanson April 25, 2001 Page 2 We invite any comments you may have on project concept, scope, cost, community support, timing or any other aspect of a project that you believe should be brought to our attention. If you wish, we would also welcome a meeting at your convenience to discuss any or all of the projects in the CIP. We hope this information is helpful in each of our planning and programming efforts. Sincerely, Thomas D~ Transportation Planning Engineer TDJ:WKP:jrh Enclosures CCi Gary Erickson Jim Grebe Brace Polaczyk Greg Chock Warren Porter -6986- 6987 X O~ 1¥~ N3~30N[ 0¥0~1 ~ '0:4 ONVgHOIH -6988- ~Je ldo, gg~oggo PROPERTY (This Is not 0 T.I. ~ ' 81 18~Bggh 4O SCALE I I 80.00'_ I I ! I I ! F !~ D/V 110.00' 40.00' 4 CARLOW RD SKE TC H survey) ',~1 :~ CA~F 50.00 o. CARL OW RD 4730 CARLOW RD MOUND arid should IOl bi used as a Iurve?. !1 does iOl ~IlllUll · IlOblllJ S II II -6989- ,~fo RESOLUTION #01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING FINAL PLAT AND DEVELOPMENT PLAN APPROVAL FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, FOR LA~I_ GDON BAY RESIDENIJ_&L_D_.E_y~J.OPMF. NT ~CASEg 01-t~2 WHEREAS, the applicant, R.H. Development, has submitted a Final Plat application for a single family Planned Development Area development called Langdon Bay in the manner required for platting of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota State Statue and all proceedings have been duly conducted thereunder; and, WHEREAS, the proposed development 74 single family detached units on the 27.41 acres acre site including proposed right-of-way to be vacated with approval of the final plat. This land represents the largest single undeveloped parcel of land in the City. The development of the property has been identified as a triggering mechanism to correct a number of public infrastructure deficiencies that the proposed development would further impact including roadways, water systems, and drainage; and, WHEREAS, the Mound City Code allows the establishment of Planned Development Areas "to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires a more unique and controlled platting technique to protect and promote the quality of life in the City"; and, WHEREAS, the development is located in the R-1 Zoning District which requires for lots of record, a minimum of 10,000 sq. ft. lot area, a minimum lot width of 60 feet, a front yard setback of 30 feet, side yard setbacks of 10 feet, 15 feet rear yard setback, and a minimum building floor area requirement of 840 square feet; and; WHEREAS, all lots exceed the minimum lot size requirement of 10,000 square feet and lot width requirements of 60 feet at the required front yard building setback as required in the R-1 zoning district; and, WHEREAS, the City has considered traffic and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations; and, WHEREAS, the Planning Commission and City Council have studied the practicability of the preliminary plat planned development area, and the variances, taking into consideration the requirements of the City, giving particular attention to the arrangement and location of the street, their relation to topography, floodplain, wetlands, water supply, sewage disposal, drainage, tot size -6990- and arrangement, the present and future development of adjoining lands and the requirements of the Zoning Ordinance and other official controls; and, WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated subject to the conditions imposed herein, and the proposed subdivision as conditioned is consistent with the Comprehensive Plan and the existing land use in the area; and, ....... : ~WHER_F~S;~i t 4s -the-intent~ o~ the-C i ty~o ~preser~e-wooded-~eas. ,and- t o-re-tain~-as-far-as- practicable, existing tree cOver. The property contains significant tree cover of native maple and basswood varieties. Construction of public roadways and building pads for single family units will require a large degree of grading to certain areas of the property. In these areas it is not practical to protect existing trees and vegetation. In other areas where limited grading will occur, especially in secondary grading of individual lots, there is a greater opportunity to protect existing trees; and, WHEREAS, an upgraded water system will need to provide an acceptable level of water service to the development for private use and public fire protection. This area of the city currently has low water pressures and an additional 74 homes will further degrade the water supply to this area without system upgrades; and, WHEREAS, the variances requested are the minimum variances necessary to alleviate the practical difficulty created by the topography of the site and to facilitate the preservation of existing vegetation, and the granting of variances will would not be detrimental to the purposes of the Zoning Ordinance or to property in the same zone; and, WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound; and, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. Final Plat issuance subject to compliance with the following requirements and conditions: The final plat drawing labeled as Exhibit A is hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City Engineer. 2. Conditions and recommendations as contained in the Engineer's Memo dated May 4, 2001 report. o Prior to the City releasing the final plat, the Developer shall sign a development contract with the City. The development contract shall stipulate that construction of all public improvements covered by said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall fumish the City with a performance bond or an irrevocable letter of credit or other form of -6991 - security approved by the City Attorney in the amount of 125% of estimated construction COSTS as per plans approved by the City Engineer. 4. Outlots A, B, C, and D be dedicated to the City. B. Final Development Plan approval subject to compliance with the following requirements and nnnditinn,c;' o o 10. 11. A 50 feet right-of-way be provided along Robin Lane to its connection with Lynwood Blvd. The developer comply with Hennepin County access requirements of Robin Lane at Lynwood Blvd. The buildable area for each lot include all structure encompassing the house, attached garage, decks and porches to meet the setbacks as shown on the proposed building plans. Hardcover for each lot be not more than 30%. The stormwater drainage plan be reviewed and approved by the Minnehaha Creek Watershed District (MCWD). The Developer shall secure and provide the City with a copy of a stormwater permit from the Minnehaha Creek Watershed District prior to the City releasing the final plat. The homeowner's association be responsible for storm water pond maintenance. The developer shall be responsible for the installation of private utilities. The utilities shall not be installed until the boulevard or utility easements have been graded and the grade elevations are approved by the City Engineer. All utilities shall be located underground. No building permits shall be issued until a contract has been awarded for utility and street construction-and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. The Conservation Easements be provided prior to release of the Final Plat for all wetland and bluff areas. The Developer shall secure and provide copies to the City's Building Official of all reviews and required permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency, or any other applicable permits, prior to beginning construction. The Building Official will not authorize construction until permits are secured. -6992- 12. The developer shall comply with the Wetland Conservation Act (WCA) and other regulatory agency requirements including the Army Corps of Engineers and Department of Natural Resources. 13. Right-of-way tree planting varieties be reviewed and approved by the City Planner. Minimum size and dimension for deciduous trees are applicable as prescribed by the City's landscarfine reeulations. Plantine details shall be r)rovided r~rior to installation 14. A sidewalk be installed along the north side of Pintale Lane from Westedge Blvd. to Outlot B. 15. The proposed right-of-way vacation request be conditioned on approval of the final plat. 16. The City Attorney shall examine title to the property and shall render a title opinion to the city showing the ownership status of the property prior to filing. The applicant shall provide the City Attomey a current abstract or register of property abstract for Langdon Bay. 17. The plat shall be filed with Hennepin County within one hundred eighty (180) days of the City Council approving the final plat. If the plat is not filed within that time period, it shall become null and void. 18. A Homeowner's Association shall be established for all lots within the subdivision and provided prior to the Final Plat Approval. All of these documents shall be reviewed and approved by the City Attorney. 19. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Public Works Superintendent, and Building Official. 20. The MPCA's Best Management Practices shall be applied to the development and subsequent management of the property. 21. Developer will reimburse the City for legal, engineering and planning costs incurred for review and approval of this plat. 22. Development standards as follows. Required Proposed Cul-de-sac right-of-way radius 50'r 45'r Lots: Required Proposed -6993- Setback for one side yard on all lots 10' Front Yard Setbac~ 30' Lot 4, Block 2 - Bluff Setback 30' I,ot 8: Block 2 - Bluff getbaek lQ' C. Approves a Conditional Use Permit conditioned on approval of a Final Plat. D. Approves the vacation request of Butternut Road. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statute Chapter 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember by Councilmember and seconded The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Pat Meisel, Mayor Attest: City Clerk -6994- Memorandum Hoisington Koegter Group Inc, TO; City_ of Mound Staff. Planning Comrni,~.~inn and Council F~O_.~_: ~ Eere_,,_ C_?rddfi~ 2a!CP DATE; May 4, 2001 SUBJECT: Final Plat and Development Plans - "Langdon Bay" - R, H. Development APPLICANT: R. H. Development/Rottllund Homes OWNER: R.H. Development LOCATION: 1000 Robin Lane ZONING: Residential R-1 COMPREHENSIVE PLAN: Low Density Residential BACKGROUND: The applicant, R.H. Development, has submitted a Final Plat for a 74 lot single family development named "Langdon Bay." The project is located in the western portion of the community along Westedge Road, Langdon Lake and County Road 15. Specifics of the plan are as follows: PARCEL SIZE 27.41 ac PROPOSED UNIT # 74 DENSITY 2.7 units/acre ZONING (EXISTING) R-1 ZONING (PROPOSED) R-1 PDA Minimum Lot Size 10,000 sf Minimum Lot Width 60 feet Front Yard Setback 25 feet Side Yard Setbacks 6 and 10 feet Rear Yard Setbacks 15 feet LAND USE PLAN Low Density Residential ( 1-6 units acre) SUBDIVISION STREET DESIGN Right-of-way width 50 feet Pavement width 28 feet/varies Park Site Dedication 2 acres The Site The property contains about 27 acres and represents the largest remaining undeveloped tract of land in Mound. The property has one home and a few outbuildings. Access to Lynwood Blvd. is 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -6995- p. 2 iiO l-12 Langdon Bay Final Plat and Development Plans May 4, 2001 via a gravel driveway along unimproved Robin Road. Big woods vegetation of maples and basswoods and wetlands characterize the property. There is about 60 feet of elevation changes on the site. The central portion of the property is a high point and has views of Lake Langdon. Development Plan The development plan suggests a curvilinear subdivision design approach for the site. The developer has indicated this design approach is preferred as it is more sensitive to the environmental features of the property than a typical grid. design, The 75 single family lots are all similarly sized, averaging 12,830 square feet. This meets the minimum 10,000 square feet standard for the R-1 Single Family Residential zone. Average lot widths are about 70 feet which meet the 60 feet minimum. Roads/Circulation The development will be served by two public road accesses from West Edge Road and Lynwood Blvd. A 50 feet right-of-way and 28 feet pavement width are proposed for all local roadways in the development. Cul-de-sacs are proposed at a 60 feet ROW radius and 50 feet pavement radius. Staff has suggested the pavement be reduced to a 45 feet radius which will reduce hardcover and provide good emergency vehicle movement. The existing Robin Road ROW at Lynwood Blvd. is 30 feet. The plans indicate a 50 feet ROW as suggested by staff will be used. The developer is securing additional land from the two abutting property owners at this time. The developer has proposed the vacation of portions Glen Lane and Interlachan Road otherwise known as Buttercup Lane. Each has a 30 feet ROW and would be split in half with each side going to the adjacent property owner. Th unvacated portion of Interlachan Road would serve the proposed trail. A sidewalk is provided along Robin Lane. Additional sidewalk should be provided along Pintale Lane. Street names are proposed but do not satisfy the previous discussion regarding names that reflect the history of the site. Staff would suggest names such as "Sugarshack Lane" as an alternative to Pintale, "Ladyslipper Circle" as an alternative to Skylark Circle, and "Alwin Circle" as an alternative to Starling Circle. Wetlands There are a number of wetlands that impact the development layout. The plan proposed to fill some and create others in order for the development plan to work as shown. The Army Corps has reviewed and approved the wetland plans. A wetland buffer is part of the approval conditions by the Minnehaha Creek Watershed District. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -6996- p. 3 #01-12 Langdon Bay Final Plat and Development Plans May 4, 2001 Grading/Storm Water The site will be heavily graded to allow the street slopes to work and provide building areas for the homes. The grading plan shows the limits of grading on the site. This also impacts the stormwater flows entre ske. ~hr. ee-smn:n.~,vater.-~-sixes-axe-provided.-Yhe¥-vdll-trea~-wate~,- A bluff areas exists along Interlachen Road that will be left untouched. Homes here will need to maintain$O~eet4 etbacks-~on~thelop-of4hebluf£~ dd i tionally- Parks and Trails Outlet B will be the primary park site with Outlets B and C serving as trail connections. Discussions during the preliminary plat process included an 8 feet trail that would connect these park sites by Butternut Road. The MCWD required a 35 feet wetland buffer as part of the permit application and will not allow a trail within it unless a variance is granted. Staff has directed the developer to wait on building the trail until the City assumes approval authority over water management issues. RECOMMENDATION: Staff recommends Council approval of the Langdon Bay Final and Development Plan as per the attached Resolution. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -6997- May 4, 2001 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound Langdon Bay - Final Plat MFRA #12754 Dear Mayor and Councilmembers: Enclosed is the Engineer's memo for the final plat of Langdon Bay. This memo should become a part of the final plat approval. If you have any questions or need additional information, please contact us. Sincerely, MFRA John Cameron, City Engineer JR:pry Enclosure cc: Ron Helmer, R.H. Development Loren Gordon, Hoisington Koegler Group, Inc. s:\main:\Mou 12754 :\Correspondence\mayor5 4 -6998- CITY OF MOUND, MINNESOTA ENGINEER'S MEMO TO THE MOUND CITY COUNCIL DATE: May 4, 2001 CASE NO: 01-12 FINAL PLAT: Langdon Bay LOCATION: County Road 15 and West Edge Boulevard ASSESSMENT RECORDS: N/A Yes No [] [] x 2. E3 x E3 3. [] x V1 4. [] X ~-] 5. Vl E3 x Watermain area assessments have been levied based on proposed use. Sanitary sewer area assessments have been levied based on proposed use. SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. Area assessments. Watermain area assessment based on 74 unpaid units ~ $1,500 per unit = $111,000. Total due $111,000 Other additional assessments estimated: LEGAL / EASEMENTS / PERMITS: 6. [--] [~] X 7. E3 E3 x Complies with standard utility/drainage easements - See Special Condition 25. The City will require utility and drainage easements ten feet (10') in width adjoining all streets and five feet (5') in width adjoining side and rear lot lines. All standard utility easements required for construction are provided - See Special Condition 25. The City will require twenty feet (20') utility and drainage easements for proposed utilities along the lot lines were these utilities are proposed to be installed. This item has been -6999- N/A Yes No reviewed with the final construction plans and the following changes are necessary: 81 [--] X C0~plieS With ~0nding -reqUirern;nts ~ The City will require the dedication of drainage easements for ponding purposes on all property below the established 100- 7ear high water elevation and conformance with the City's 9. I--] x x x All existing unnecessary easements and rights-of-way have been vacated - See Special Condition 26. It will be necessary to vacate the obsolete easements/right-of- way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the Owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property Owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. All necessary permits for this project have been obtained - The following permits must be obtained by the Developer: x DNR x Hennepin County N/A x MPCA x State Health Department x Minnehaha Creek Watershed District [~] U.S. Army Corps of Engineers x Other Permit from Dakota Rail for storm sewer outlet The Developer must comply with all conditions contained within any permit. -7000- N/A Yes No TRANSPORTATION: Z3 x Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City ~ricl ~wtem for ~treet narne.~ The fnllnwinc~ e. hanaee 14. ['--1 X Conforms with the City's Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. Acceleration/deceleration lanes provided - By-pass lane required by Hennepin County. Acceleration/deceleration and turn lanes are required at the intersection of and All existing street rights-of-way are required width - Additional right-of-way will be required on Robin Lane. UTILITIES: 16. [--] X E] 17. E3 x Conforms with City standards requiring the Developer to construct utilities necessary to serve this plat - In accordance with City standards, the Developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer, and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. Final utility plans submitted comply with all City requirements The Developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as -7001 - N/A Yes No 18. x well as the proposed street system (public and private). Per the Developer's request, final plans will be preparedby the City. If it is their desire to have the City construct these facilities as part of its Capital Improvement Program, a petition must be submitted to the City. The cutoff date for petitions is October 191 I--] ~ [--I ............... _,- 2 _~ :~-~:_~+73Ft' :5: _-- ~--: ......... -.' ',-_g -~._-i~__ g~ ...... ~ .... paying 100v/o of the cost. The cOnstrUction plans conform to the Comprehe. n.qive Wnter Distribution Plan - City'S adopted The following revisions will be required: 20. Z] x Z] The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: It will be necessary to contact Greg Skinner, the City's Public Works Superintendent, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The Developer shall also be responsible for contacting the Public Works Department for an excavating permit prior to any digging within the City right-of-way. GRADING, DRAINAGE AND EROSION CONTROL: 22. [-] Have minimum basement elevations has been established. Minimum basement elevations must be established for the following lots: All lots adjacent to wetlands or pond must meet minimum basement elevation of 2 feet above 100 year flood elevation. 23. [--] x Complies with Storm Drainage Plan - See Special Condition 27. The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The Grading and Drainage Plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. -7002- N/A Yes No Additionally, the following revisions will be necessary: SPECIAL CONDITIONS REOUIRED: 24. Utilit~ and drainage easement along west lot line of Lot 1~ Block 1 must be 10' wide. Proposed~storm-sewer-outtet frompond~atsouthwestx-ornerof ptat'crosses~he corner of a platted lot in Minnetrista, between MHll4 and MHll3. If there are no existing utility easements on this lot, the developer will need to acquire one. 26. Slope easements along south side adjacent to Dakota Rail needs to be vacated. 27. Location of silt fence shall be reviewed at time of installation and any adjustments or additions shall be made as directed by the City Engineer. 28. Owner's Engineer shall provide construction observation sufficient to certify compliance with plans and specifications. 29. No construction work shall be done between 7:00 P.M. and 7:00 A.M. nor on Sundays or legal holidays, without the approval of the City of Mound. 30. The Developer shall be responsible for the installation of private utilities, such as telephone, electric and natural gas services. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 31. No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been approved by the City Council. 32. Prior to acceptance of the completed subdivision by the City Council, it will be necessary to furnish an Engineer's Certification of Completion. Upon receipt of said certification and recommendation by the City Engineer that the completed work will be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. -7003- N/A Yes No 33. The Developer shall provide an escrow guarantee (surety bond, cash, certificate of deposit, or irrevocable letter of credit) in the amount of 125% of the estimated cost of street and utility imprOVements. 34. The Developer shall enter into a development with the City of Mound. 35. The Developer shall sign consent and waiver agreement for the City improvements to West Edg~Boulevard. Submitted by: John Cameron, City Engineer s:\main:\Mou12754:\Correspondence\engineersmemo5-3 -7004- Application for MAJOR SUBDIVISION City of Mound 5341 Maywood Road, Mound, MN 55364 ................ Phone:472~06OZ,..Fax:_472-0620 - DISTRIBUTION DATE TYPE OF APPLICATION FEE ~[~/~ ~ (74 ~O~S) $3~0+$,Sperlot PUBLIC W,~RKS FINAL P~T DNR ~'i~ i CONDITIONAL USE PERMIT: POA $ 350 / Please type or print the following Information: PROPERTY Subject INFORMATION Address Name of. Propo§ed Plat ~ang~ton Ba¥~ EXISTING LEGAL DESCRIPTION Lot Block Plat # Subdivision PID# ZONING DISTRICT Circle: R-1 R-lA R-2 R-3 B-1 B-2 B-3 APPLICANT The applicant is: _~._owner __.other: Name R. H. Development Address 9448 Lyndale Ave, Suite 200 Bloomington, MN 55437 Phone (H) (W) (952) 346-8072 .(U). Name OWNER (if other than Address applicant) Phone (H). .(W) .(M) Name Pioneer Engineering, P.A. SURVEYOPJ ENGINEER Address 2422 Enterprise Drive Mendota Heights, MN 55120 Phone (H). .(W) (651) 681-191~-.: .(M). 'Revised 2/01) Major Subdivision Application -7005- Description of Proposed Use: Single Family Development EFFECTS OF THE PROPOSED .... .......... including;-but-not-limited to~raffi¢-rnoise~light,-smokelodor~parking,.and_descrJb~ th~e_s~t_e_ps taken to mitigate or eliminate the impacts. - If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ RESIDENTIAL DEVELOPMENTS: Number of Structures: 74 Lots Number of Dwelling Units/Structure: Lot Area Per Dwelling Unit: sq. ft. Total Lot Area: sq. ft. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. This application must be signed by all owners of the subject property, or an explanation given why this is not the case. Print Applicant's Name ~plic ' ' ~i atu e Date John J. Helmer ~~'---~" 4 '~1 --o ! Print Owner's Name O/w~er's Signature Date Print Owner's Name Owner's Signature Date (Revised 2/01) Major Subdivision App#cation Page 2 -7006- ~lugu$~ 8, 2000 RESOLUTION A RESOLUTION OF TFW.. C~ COUNCIL OF THE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL, FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, LOT AND STREET DESIGN VARIANCES, FOR ~EAS, the applicant, R,H. Development, has submitted a Preli~ Plat · e ~er r~u~ for p~g of l~d under ~e Ci~ of Mound ~d~ C~e, S~fion 330:~ ~d ~der Chap~r 462 of ~e ~e~ Sm~ S~me ~d ~ pr~Mgs ~ve b~n dMy =~ndu~=&ere~der~d~ WHEREAS, the proposed development includes 27.41 acres of land including proposed right-of-way to be vacated with approval of the final plat. This land represents the largest single undeveloped parcel of land in the City. The development of the property has been identified as a triggering mechanism to correct a number of public infrastructure deficiencies that the proposed development would further impact including roadways, water systems, and drainage, and Wi~REAS, the Mound City Code allows the establishment of Planned Development Areas "to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires a more unique and controlled platting technique to protect and promote the quality of life in the City", and Wl~REA~, a number of natural and physical conditions on the property including wetlands, bluffs, topographical elevation changes, native hardwood forest, existing road right-of- way, and available access points. These conditions present a number of complicated development issues that will need to be addressed to develop the property as proposed. To minimize the impacts on the property's natural features, reduced front yard setbacks are proposed to reduce primary and seconda~ grading. The benefits of this approach will allow a greater number'of trees to be protected versus a development incorporating typical subdivision design standards; and Wi~REAS, the development is located in the R-1 Zoning District which requires for lots of record, a minimum of 10,000 sq. ft. lot area, a minimum lot width of 60 feet, a front yard setback of 30 feet, side yard setbacks of 10 feet, 15 feet rear yard setback, and a minimum building floor area requirement of 840 square feet, and Wl:IE~S, all lots exceed the minimum lot size requirement of 10,000 square feet and lot width requirements of 60 feet at the required front yard building setback as required in the R-1 zoning district, and 1 -7007- August 8, 2000 Resolutionn ~10-75 ~, all lots exceed the minimuTM lot size requirement of 10,000 square feet and lot width requirements of 60 feet at the required front yard building setback as required in the R-1 zoning district, and the City has considered traffic and other aspects of the proposed project as .... WH..I*;RgAS;' th-e p~g c0mm~ssioh and City Qoune~-hav~ S~di~ the Praetieabili¢ Of the Preliminarv plat l)~ed develo_r~ent area, and thai variane~.~i talcin~ lnltc~ e~girlara~A,~ the requirements of the City, giving particular attention to the arrangement-and location~of t~-~ street, their relation to topography, floodplain, wetlands, water supply, sewage disposal, ~e,_!ot s~ ~d awangement,-the-present~:and fu~edevelopment~f~djoiningqands~and the requirements of the Zoning Ordinance and other official controls, and WHEREAS, the City Council, on July 25, 2000, held a public hearing pursuant to Section 330:0Qof the Mound City Code of Ordinances, to consider the approval of the Langdon Bay Subdivision located on property described as follows and shown on the attachment: Lots 1 and 2, Auditor's Subdivision No. 231, Hennepin County, Minnesota. WHEREAS, the physical/:characteristics of the site are suitable for the type and density of development contemplated subject to the conditions imposed herein, and the proposed subdivision as conditioned is consistentwith the Comprehensive Plan and the existing land use in the area, and WHEREAS, it is the intent' of the City to preserve wooded areas and.to retain, as far as practicable, existing tree COver.:.: The property, contains significant tree cover 0f native maple and basswood varieties. COnstruction of public roadways and building pads for single family units will require a large degree of grading to certain areas of the property. In these areas it is not practical to protect existing trees and vegetation, In other areas Where limited grading will occur, especially in secondary grading, of. individual lots, there,is a greater oppommity' to protect existing trees, and WHEREAS, an.upgraded water system will need to be provided an acceptable level of water service to the development for:private use and public fire protection. This area of the city currently has low water pressures and an additional 75 homes will further degrade the water supply to this area without system :upgrades, and WHI~REAS, the variances requested are the minimum variances necessary to alleviate the practical difficulty created by the topography of the site and to facilitate the preservation of existing vegetation, and the granting of variances will would not be detrimental to the purposes of the Zoning Ordinance or to property in the same zone, and 2 -7008- .,4ugust 8, 2000 Resolutionn ~g~0- 75 ~rl~ERI?.~S; ~d l~latis ~all r~i~n~iig6nt ~'the City p~ ~d th~ ~'6gulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. Wlt~iiE~, at the, Planning Commission lm voted 7 to 0 for approval of the NOW THI~EI~3R~, ]~_,iT_~~~ City Council_of_the City_oiMound, A. .The issuance Preliminary Plat sUbject to compliance with the City Engineer's report, dated June 6, 2000, and the following requirements and conditions: 1. The final plat drawings: labeled as Exhibit A is hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City Engineer, The location of all dwellings shall be only as provided on the City's ZOning regulations, or as modified by official action of the City Council; and any inconsistent dwelling location in the final plat shall be ignored. 0 Prior to the City releasing the final plat, the Developer shall sign a development contract with the City. The development contract shall stipulate that. construction of all public improvements covered by said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other, form of security approved by the City Attorney in the mount of 125 % of estimated construction costs as per plans approved by the City Engineer. 3. The developer install a 10 inch public watermain consistent with the City Engineer's recommendation including looping connections. The developer provide funding necessary for upgrading of Westedge road to City collector roadway standards to include 32 feet pavement section, curb, gutter and drainage improvements on the City of Mound portion from the south property line of the development to Lynwood Blvd. (County Road 15). Assessments from abutting Mound property owners will contribute their fair share to include the value of a local residential roadway design. The Minnetrista side of the roadway will receive only roadway surface and shoulder improvements. No curb and gutter improvements are required unless requested participation by the City of ~etrista is offered. Upon approval of the final plat, the City shall enter into appropriate agreements with the City of Minnetrista to allow for the design and constrUction of Westedge Road. Such agreements shall be negotiated prior to Final Plat approval. 6. Upon approval of the final plat, the City shall enter into appropriate agreements with the City of Mirmetrista and private property owners as needed to allow for the design 3 -7009- August 8, 2000 Resolutionn ~,~t00- 75 and construction of the waterrnain. Such agreements shall be negotiated prior to Final Plat. approval. 7..A 50 .feet right-of-way be provided along Robin Lane to its connection with Lynwood Blvd. Lynwood Blvd~ 9. Th~6d~~-6a for each lot include all stm~--u2re~encom,assin~ thehouse.attanhed .... garage, decks and porches to meet the setbacks as shown on the proposed building plans. 10. Hardcover for each lot be not more than 30%. 11. The stormwater drainage plan be reviewed and approved by the Minnehaha Creek Watershed District 0VlCWD). 12. The Developer shall secure and provide the City with a copy of a stormwater permit from the.Minnehaha Creek Watershed District prior to the City releasing the t'mal plat. 13. . The homeowner's association be responsible for storm water pond maintenance. 14. The developer shall be responsible for the installation of private utilities. The utilities shall not be installed until the boulevard or utility easements have been graded and the grade elevations are approved by the City Engineer. All utilities shall be located underground. 15, No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. 16. The Conservation Easements be provided and included in the Final Plat Approval for all wetland and bluff areas. 17. The developer shall work in good faith with City Staff prior to commencement of grading work to identify the primary and secondary grading limit areas. Within the secondary grading limit area and where feasible in the primary grading limit area, City Staff and the developer shall identify and secure measures to protect appropriate trees and vegetative.stands. 18. In areas outside of primary and secondary: grading limit areas, all trees over a 6 inch caliper shall be protected, except where wetland, POnding and drainage systems may preclude protection. 4 -7010- A~gust 8, 2000 Resohationn ~ 75 19. The Developer shall secure and provide copies to the City's Building Official of all reviews and required permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency, or any other applicable permits, prior to beginning construction." The Building Official will not authorize construction regulatory. 'agency~luix~ae~ ~.Department_Of N~Re~. 21. Right-of-way tree planting varieties be reviewed and approved by the City Planner, Minimum size and dimension for deciduous trees are applicable as ~ be provided prior to installation along with material warranty evidence from the nursery. 22. The proposed right-of-way vacation request be conditioned on approval of thc final plat, 23. The City Attorney shall examine title to the property and shall render a title opinion to the city showing the ownership status of the property prior to filing. The applicant shall provide the City Attorney a current abstract or register of property abstract for Langdon: Bay. 24. The plat.shall be filed with Hennepin county within one hundred eighty: (180) days: of the City COuncil approving the final plat, If the plat is not filed within that time period, it shall become null and void. 25. A Homeowner's Association shall be established for all lots within the subdivision and provided prior to the Final Plat Approval, All of these documents shall be reviewed and approved by the City Attorney. 26. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Public Works Superintendent, and Building Official. 27. The MPCA's Best Management Practices shall be applied to the development and subsequent management of the property. 28. Developer will reimburse the City for legal, engineering and planning costs incurred for review and approval, of this plat. 29. Conditions as contained in the City Engineer's report dated June 5, 2000, except item # 5. 5 -7011- August 8, 2000 Resolutionn [glO- 75 B. Approves the following variances subject to approval of the Final Plat: Required ~Proposed Variance Lots: , ................ R~equir~ P r_opo_se~t- S~tbiick for on~ ~ide'yard on Front Yard Setback Lots: Lot 4, Block 2 - Bluff Setback Lot 8, Block 2 - Bluff Setback 30' 25' 5' Reo_uired Proposed V a r i a n c e 30' 25' 5' 30' 10' 20' C. Approves a Conditional Use Permit conditioned on approval of a Final Plat. BE IT FURTHER RF_3OLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statute Chapter 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember Brown and seconded by Councilmember Ahrens. The following Councilmembers voted in the affirmative: Ahrens, Brown Hanus and Weycker. The following Councilmembers voted in the negative: none. Mayor Meisel was absent and excused. J~tes'~i city Clerk Acting Mayor 6 -7012- MINUTES - CITY COUNCIL - AUGUST 8, 2000 1.8 DICUSSION/ACTION ON CASE//00.22 & 00-23: LANGDON BAY PUD AND STREET VACATION. The City Planner summarized the issues involved. He stated that the Wara project in Minnetrista is planned to have access out to Westedge with about 65 lots. Minnetrista is not it is improved. The City-Pl~he~-Sta~,~tv that i~ ref~i-/~e ~to' tf~e-isf~servation; Stafflil~-s"th~' itl~ oT~orlfin~ ......... with the developer to establish grading limits. The idea is to look at the secondary area on the lots where the grade will not be impacted as substantially. Staff recommendation is for roping and staking of areas for preservation. The City Planner stated that the elevation at Westedge and Lynwood is an issue. He showed photos taken yesterday of this area and discussed trees that are within the right of way that would be lost to the grading. In reference to the questions about parks, the City Planner stated that Staff was asked to look at the contours of the land adjacent to the lake. Staff found this to be steeper than originally thought on one portion, but the remainder is relatively flat. The City Planner showed photos that indicated reed grass growing in the lowest spot. Staff questioned what the value of this lake piece would be if it was not accepted as parkland. The City Planner sated that staff feels this piece is a good one for the City to have as it protects the area between the raikoad and the lake. If the parkland were to move, Staff suggests also looking at the trail arrangement. Council Member Brown stated that he liked using the sliver of land for benches and feels it is an important buffer. He further stated that he has looked at the property on Westedge and Lynwood and feels the property owner will loose a lot of land. Acting Mayor Hanus stated that this land was currently in the public right of way and that no personal property would be lost. Council Member Weycker asked about the width of the road and whether it had to be at the stated width. The City Planner stated that this is a collector road and will carry more traffic -7013- MOUND CITY COUNCIL MINUTES ' AUGUST 8~ 2000 and, therefore, needs more width. Staff is recommending that the road be 32 feet in width. The City Engineer confirmed this. Acting Mayor Hanus asked where the dirt road runs in the right of way. The City Engineer stated that no surveys had been done, but the right of way is 66 feet and he did not know Council Member Weycker asked if Minnetrista was aware o the prOpo . e ~y anner -- .............. -- stated~that"there'have-been-t-wo-meetmgs-and--a, nu-mber_o f_ph one callsumttL-the._~iLy ~UL_ ............... Minnetrista. _They are aware fli~t~he-~-w~l-I b~-e~o-pedXxranqn'ban~tand~-°~:e- Mound side. Acting Mayor Hanus asked if the Council had more questions for Staff. There were none and the applicant was invited to come forward Tim Whitten, The Rottlund Company, stated that they are comfortable with the Resolution as written. In reference to Westedge Road, Rottlund is not comfortable with including the sidewalk along the Mound side. Rottlund does not feel there is a need for the sidewalk and is not willing to pay for it. Mr. Whitten feels the sidewalk will.complicate the grading and drainage. He further stated that there is still an issue of permits for having the models open prior to completion of the streets and the use of temporary signage during the marketing period. In reference to the park area, they have looked at an alternative to the original proposal. The trail would remain as originally proposed with enlargement of the park to be graded and seeded. The area near the lake that is upland would be dedicated to the City. Rottlund is willing to grade that piece to make it more useable. The total amount of land proposed is 1.9 acres, which is .8 short. Rather than the gazebo originally proposed, Rottlund now proposes putting in a $30,000 play structure and $30,000 in cash to complete the park package obligation. Acting Mayor Hanus stated that one week ago he walked the property with Mayor Meisel with the specific intent of looking at the Lake Langdon area and its potential value to the City. They did not feel it would serve the .city. To make an improved trail, it would be necessary to cut into a hill and would require retaining walls. Acting Mayor Hanus does feel the new proposed higher land would be a nice area for viewing the lake. He finds this new plan more palatable. Council Member Brown stated that he really likes the bigger property for the park with playground equipment and the land overlooking the lake. Council Member Weycker asked about who would retain ownership for the area left by the lake. Mr. Whitten said it would be the homeowner's association or the City could have the land if they wanted it. The City Attorney asked the City Planner if the City would benefit from ownership of the lower portion of the land. The City Planner stated it would probably be in the City's best MOUND CITY COUNCIL MINUTES - AUGUST 8t 2000 interest to have the land from a hardcover standpoint. The City Attorney pointed out that the Lake Langdon land would allow the City credit from the DNR for the watershed. Council Member Weycker stated that if a park was there, public access to the water should be there. not feel a few more feet was an issue. Council Member Weycker felt that lakeshore was too The City Manager stated she felt there could be some issues arising because of trespassing and garbage. Council Member Hanus stated that the delineation between the lands was a cliff. The City Manager asked what the maintenance issues would be and how the public would know where the private land began. Council Member Ahrens stated that signs were a possibility. Acting Mayor I-Iamrs-stated~hathe-didmot want [l~e piece to com-~[ [oward~g-but otherwise he did not mind if the City kept it. Acting Mayor Hanus asked Rottlund if the land had value to them. Mr. Whitten stated it did not, and the City could have it at no cost. Council Member Brown asked for clarification on signage for the resolution. Acting Mayor Hanus stated it would be added as numbers 29 and 30 on page 3486. The City Planner stated that if all were in agreement this could be part of the Motion and the details put in the development contract and final plat. Acting Mayor Hanus stated that on p. 3432 bottom line "WHEREAS, impervious cover for the project .......... "is confusing. The City Planner stated this line should be struck. Acting Mayor Hanus stated that on p.3434 No. 2 referring to the development contract timeline is unclear as to what needs to be completed. The City Planner suggested changing the word "items" in this statement to public imrovements. Council Member Weycker stated that No. 26 on p 3436 needed work on the language. Acting Mayor Hanus asked how Council felt about the sidewalk requirement. Council Member Brown stated that he did not feel the sidewalk was necessary. Acting Mayor Hanus stated that he felt some day the sidewalks would be needed, but with the current situation, he could agree that the sidewalks not be done. Council Member Hanus asked if there was room if the current road was in the center of the right of way. The City Engineer said there was definitely room. Council Member Brown wanted to delete the sidewalk language. Council Member Ahrens agreed with this. Council Member Weycker asked how if the street would be striped and whether there would be a bike trial. The City Engineer said there would not be room for this stripe. / MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 The City Planner sated that discussions at Staff level determined that the sidewalk is not an item that would be used now, but in the future it would be a heavily used connection to the future trial. Council Member Brown stated that he felt that he did not want the Mound citizens to pay will not be4here&~he~mure: He ~,ggested that there could be a provision put in to escrow The City Manager asked what was happening with the trail on the east side. Mr. Whitten stated that this was saying and Rottlund was paying for it. Council Member Weycker pointed out that this trail could be used for walking or biking. Acting Mayor Hanus agreed that help to pay does exist today, but that the road is far more expensive and of more concern. Acting Mayor Hanus stated that on p. 3435 NO. 19 the wor~ "required'-~ghbtildbe moved before "permits." Council Member Weycker asked about the radius turn from the fire department that is requested at 75 feet. The City Engineer feels this is way off. The City Engineer sated that he wants his June 26 engineering report referred to in the Resolution as this includes points that are not listed otherwise. Acting Mayor Hanus asked how to incorporate the new land proposal in the Resolution. The City Planner suggested accepting the overhead as an exhibit. The City Attorney suggested that on p. 3434, Items 5 and 6 after "Westedge Blvd." add the following language: "such agreement shall be negotiated prior to final plat approval." Mr. Whitten asked if the final plat might be held up in relationship to needing an agreement with Minnetrisa. The City Attorney said yes, because the project is moving into a different city, they could hold this up. The City Attorney sated that this brought up the issue as to whether to let this development go forward with the possibility that the road may never be improved. Council Member Ahrens asked if this would include the watermain. The City Engineer sated that Rottlund's obligation for the watermain extended to the border and the City's obligation starts after that. He is recommending that this be extended, and that this will be in Minnetrista. The City Engineer is unsure if there would need to be an easement, but he felt the project could not be done without the watermain looping. It is the City Engineer's opinion that Minnetrista could hold this project up. MOUND CITY COUNCIL MINUTES - AUGUST 8, 2000 Mr. Whitten stated Rottlund is committed to paying the funds for the watermain looping. The City Engineer stated that the proposed loop is necessary to maintain firefighfing capabilities and water pressure. railroad. The City Attornev suede%ted a condition for final~lp at approval2~-~lu-ti-on-oT-t~- main issue in order to allow time to work on this. The City Manager stated that her meeting with the Minnetrista developer has indicated his willingness to work together on the watermain issue. The City Attorney stated that in terms of language on page 3434 No. 5, that as long as the cost is secured, the City is not prepared to require the road to be constructed prior to final platting. Council Member Ahrens asked what would guarantee that the City is in possession of the funds. The City Attorney said this would be in the development contract. The City Manager clarified that the road was a City project and the City Planner confirmed this. Acting Mayor Hanus asked if Council was clear on the City Attorney's changes. The Council agreed that they were. Council Member Brown confirmed that the sidewalk language was being removed and this was agreed to by Council. Acting Mayor Hanus stated that a public hearing was already held on this issue and was closed. He stated that he would allow people to bring new information forward, but asked that it be kept to a minute or two. The City Manager stated-that should the project be assessed, there would be another public hearing held at that time. Acting Mayor Hanus confirmed that the assessed portion would be one-quarter. The City Engineer stated that the City and county would also contribute to this cost and this would be discussed at the public hearings. Bart Roeglin, 2260 Westedge, asked how the land being offered near the lake would be accessed, as this was private property. Acting Mayor Hanus stated that this is currently being worked on in terms of a vacation from the railroad and that there is access from the south. Mr. Roeglin stated that this area was fenced, but Acting Mayor Hanus stated he had recently walked through there. -7017- MOUND CITY COUNCIL MINUTES - AUGUST 8, 2000 Joe Nepstanek, 6550 Woodedge, Minnetrista, wanted confirmation that if Westedge were not developed, the development would still be allowed. Acting Mayor Hanus said no, if permits could not be achieved from Minnetrista, money will be provided by the City to do on its own. Mr. Nepstanek stated that he has asked Minnetrista about Mound improving Westedge and they said they would not ~nind. Mr. Nepstanek also asked about the Watershed. The Mary Sells, 2218 Westedge, asked why there has been no Survey o i~at time about the -deVelopment of Westedge. Slm feels that sheis suffering a Sells is concerned about letting this project begifi witiiout reso~uuon' 6f the/-oad i~SQe. suggested there be consideration of making Westedge a one-way street. Acting Mayor Hanus stated that a one-way street would not be a reasonable option. Acting Mayor Hanus stated that as far as the elevation is concerned, he does not feel the road will need to be raised very much. . Council Member Weycker asked where in the Resolution the tree preservation language was contained. The City Planner stated item 17 contained that language. MOTION, by Brown, seconded by Ahrens, to accept and go forward with the resolution granting prelimhmry plat approval with all the noted changes in Numbers 4, 5, 6, 26, 29, 30, and 31 (Ihe City Engineer's Report) and to include the parkland overhead as exhibit B. The vote was unanimously in favor. Motion carried. 4-0. Brown moved and Ahrens seconded the following resolution: RESOLUTION//00-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL, FOR A PLANNED DEVELOI'MENT AREA BY CONDITIONAL USE PERMIT, LOT AND STREET DESIGN VARIANCES, FOR LANGDON BAY RESIDENTIAL DEVELOPMENT, P&Z CASE//00-22 AND 00-23 The vote was 4 in favor. Motion carried. Acting Mayor Hanus called a break at 10:05 p.m. Acting Mayor Hanus reconvened the meeting at 10:15 p. zn. -7018- THISPAGE IS- ....................................... INTENTIONALLY LEFT BLANK -7019- NOTE: J PRELIMINARY I Subject to revisionJ without notice. J '5' S00'01'40"W 672.20 L ....... .J PRELIMINiARY I Subject ilo revisionI without !otice. I 8 0 66'gL 15.00 /'"7 A=71'02'00' , R,-45.00 55.79 m I I I 7© 7.7'7 ~>© © 7 ..qrqmm mm mm m-<~ -( re-(m-( u) u~u~-~mom_~ mmm m~m<m 0 U~ 0 cg o c~ c~ c~ - rq o rtl iTI C~ Z Z Z Z Z LANGDON BAY ~::::: :u: ~ : ::::.~' :::~i~i~: ~::::::: ~:::::u:::::¥ ......... ~ ......... a~ ....... ............... :::~:li'i .... ~~: ........ ::: ....... :: :;;;;;;;;; :~;' ';/~:::,,;;~;~: ~::: ........ ~ ....... MH~'28 ' ' ' ........... a ............ ~ .................. Z ..................... ............................. ,~ .................................. ::::::::::::::::::::::::::::::::::::::::::::::::::::: ............................... ~ ........ ~ .................... .................................. ~~:::::::::::~ .... , ............... ::: ::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: ............................................ ' .............. ....... ~ ........... ::::::::::::::::::::::::::::::::::::: ...... .~ :::::::.':a~>~::' .................. :.:..:,:.:::~,:.: ::::::::::::::::::::: ::::::::::::::::::::: ............................................................ ................................ !:~...1:1 .............. I:: ....... /... ~v. 9~z.5~.-w .... ::':::"::'::: ...... :~":::11:'"!~: ............. ~: ....... z · ' ' INV' g~ 51' -E ........ ............. ........... ...................... !1~'~!~ ..... ~..IFFF_L~ ........ ...................... ..................... tl"/tl"F ......... / ................... ~" ~<~ ::::::::::::::::::::::::::::::::::::::: , .............. :::~ .' ,~. . ~ .................. ................... //::;I ;::::~ ........ ~ .................. ............... ~ ......... x. ................ :::::: ::::::::::: :: ::::: :V:::::::: :::: ::::::::: :::: :::: ::::: .............................................. NV gsg. O.~ ~W ......... ......................... ....... ....... .................. ' ..... ~.. ~..~ .... ~,~ ................................ :::::::::::::::::::::::::::::::::::: ........ :'"::':"::' ...................................................................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: LANGDON BAY I ~IllO~ · , , , . ,~ . ,0 . .~ .0 . .~ :0 ' ,~ · , '~=-~* . · · · -~ ........... : : · ~ :.~ R B !, Il, Il, I~ ~ ,~:~ ~z < ~,- ~.z ,.i~.. .... : : - ..... - ' ~ . ................ · ..................... -~ . !~Tj ............................. :::::::::::..t:TmA:::::::::::r ........ ::::::::::::::::::::::::::::::: :~, i ~ i :::::::::::::::11::: 1::::~:~ ! ::::::::::::::::::::::c I · ' ....................... ::::::::::::::71::: I:::~.tff'~rrT~x-i~: ............. ::::::::::::::::::::::: · ....................................... . ..................................... .. ! ::::::: .............. ,~ ..... ===================== ................... i- f ~.:~ ~ ::::::::: ::::::::::::::::::::::::::::::::::::::::::::: .::::::::::: ! ~ ::: ......... :::::::::::::::::::::::::::::::::::::::::::::::::: ..:::::::::::: "I ~'~ ................. ',::::~'~'1'..:': ...... l'q"~,".~ ........ INV.~SI~.~2;-E : :::i:: .~ ............................... ,:,~ ..... ,, .................................. '- " ::::: :::::::'..::..:::: ..~ ======================== :: : I~?t.~ :"::::::: ..................................... ,~,.~ .'~: /.~ ," .' ." .' .' %~ ~ t ~ ~ ..............' .............. ~t; :::::::::::::::::::::::::::::::::: :::::::::::: ============================== o ~. · ................... < ...... ~ ~. ............ ~' ........... ~ ,~ ' ........................ oo-, .... ,.. ~ - A .................... ;..~ ~-~;:;~::" · .............. ~- ....... '-~ :::::::::: ::::: : ?~ ======================= ~-::::: ~ ~ ~N~x~] I~c~'// ~ ~ ~l~§L~§§~s~sj~;~l) lil~ z o ~ .............................................. ~-~ ................................. ................................................. ............................ ...... ,~-~ , .~- . ...... . .................................. ~. U § ~ a. a ~,~i~ ' °~' ..................... ::::::::::: :~ .............................. ~ ::::::::::::::::::::::i4;~: ' ;::;;~:::::::il;iV:g~;~g~:L¥1~I:::: ----I ,, ............... :::~:::~ii::::: :::::~iilL..~.~¢ ..... ::> .~; ::::::::::::::::::::::::::::::::::::::::: !::ii::~~i':~i:~'?ii::iiiiF i ..................... "": ........ ' "2 .............. II ~1~ ~11 "~ ~ = = -~ ; !:!::i!!!. :::::: :: ::::: :: .... ========================== :::::: F ::::::::::: ~:' ....................... ~ :::::::::::: .......... ~.~., .............. :::: ......... .... . ............. ,..,.- .............. ,, .......... .......................... i ........... ~. ............. O'rT1 .... m '.'~- ................ ' .............. II ~t ~ .a ~ ~ ~ m . . ............ .................................... ,. ::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::: ,t~ ~, .~ ,~ ®--_~ //-~ ~ i:i!!iii!iiii~i i !' :: ::: ...... ::'::::::::: : ::::~:=:::: : ii .......... . ............................... ,,.~ ............ ~t il . -- ~7~' ' ' ............. om ..................... 1~ NG NV g~ 811~-~ ~ ............................ ;', ;i;;;~:~ ..... ' .... · 0 ........... ~t ~ 1"0 -q ~ . ....................... ~...~ ............. ....... >~ . ........ . ............. x ..................... ~ ........... ~ ~o,~., ~ v.. ~. ............. ~ '--* ~ .................. "% ...... NV' 95'1'G7'-~ ' m' ~ ........... ::::::::::::::::::::::: :::: :iiii l '~jii;i~..vi~'~?:r..;:::::::;::;:;;;: ..... ~ /il I. , ~' ~ ;:: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ii;~i~;~ ~ : .................................. ' ............................. ........... -I~. ~ ~ ti..0-1 ........ 01 ....... ~ .0~.:::::: ,44:::: .... .44 ....... ~ ........ CO ........ ........... ~' ' ' ' °' .x:D ........ r,j! ....... .0 ....... ~ ' ~ ....... ~ ........ ~.n ........ ~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::~::::::::::::iiiiiiiiiiiiiii!iiiiiiiiiiiiii!iiiiiiiiii ::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::: :.m.:::::::.,o ::::.,.0::: ~:::::::~::::::::~o o~o :::::::: o~ ~: ~ ~ ' "'~ ....... ~ .......~ .......,~ ....... :<,i::::::::-;,J:::;;:::c~ ~ I o~ ,: ........... ~ .... u ........ ========================== ;o~ ;O :::o~:::::::'O .~,: ~~., ............ :::::::::::::::::::::::::::::::::::::::::::::::::::: : ~.o_~,~ ............ ...................................... I ',(~i ' ~ ......................... ~ ':: . : :~: ~ ............................... ~ :::t~ 4~.'''F ~ ~ I ,~ ::::::::::::::::::::::: ...... ::::.= :::: : ::.::::: ~,e~-2 ::::::': ..... > ~,~1 ~,~,~..~-~ ~ o · .~ m '~:=l~'o'J~.l:::::.:'~,~: .................... RE 95050: ::::::: ............ . ............... ........... _ . . ~ ~. ,, ,, ,~ ~.kk[ ..... ~~ii .......... .v. ,,~ ~-.~ ...... .._. I~ ...o_~...~. ..................... .'< ........................... · ................. TI ~ = or'_o 0~<(nm ~ < ~ -t ~' : ':~o'~ ........... 0 ............. ~:~ .................................... : -- Z-OO I~ II II , I - J ~. .................................................................. ::: .......!illin°' ...... . ...................................................... ....... ,~ ................................................ ~,~ : - · ~. ...... ':- .................................................... rq ....................... ::::::::::::::::::::: .............. · r,1 ........................................... :~x .................... ::::: (~ / I'~1 .......... ~ .......................... ~. ................. o : ::::: : -~ ...................... -~ ...................................... (~ ~r-o z ~ ....... :::::::: :: .................. ~ ................................. A ~J~+ .................... ................. ,~~ x --I .............................. ~. .:::: : ~, ..... > ...................................... ~ .....................: ............ ' ...... I F!, < m~ ................. :.:~~::::::::: i~":~"' ~-~ ::::::::: ::: ........... ~ ...... ,I ......... RE -969.72, ~ ; ::;;;;;;;~ ' '": ..... :'"::: ::::::::::::::::::::::::: Z I ..................... ::::::::::::::::::~d:::: : :::::::::::::::: :::::: ::::: ~. .... NV'95]'g7'-E ~ / / z ........... <~ ................................. , : Z ~ . , , o ' ~ '~"* .................................. tl ~ ~ ............... I '1 - .~,~' .......... ~ ...................................... % ............... :.:i:.iiii::;;;iiii;;ii;;i;;;i";;i';"~ ............... ::::'::: ....... ::::: ..... ? ~ .......... ¼ ~' ' ::::0 :::::::::::::::::::::::::::::::::::::::~':::: ~::: :::::: : !!:::,:::::: : : ; ~ ..... RE g70.81 ~ ~<~ I -- :r ..................................................................... .'~ :;'~ ..... "~' 'NV g~ 4g-E : ................... : ..... :...:::::::::~;g:~::::::::::::::::::: :::::?:~:::::::::::::::: >. ~'~r~ ~~' ~ ~.'a.~ P i!i?!!!!!!ii!!!i!i!!i?!!ii!!!!'!"'i!'!~ .... .................. i'":::::::::: .... : .............. '. '"' O ................................................................... ::::::::: : :: : :: ~H:;I ' ' - ' ~ ~,~-~ _ · ............................................................... 1... ~' u : :: ::: :: :: .... I ................. 'l'/ .............. ~ ....... RE.970.93; / I I ..~-<, ~,~.,,J~'[\ ~'-c'-~/ ~ ....................................... :,,' ............................................ J ~ ::. :::::::::::::::::::::::::::::::::::::::~ ::::::::::::::::iff:: ::::::: / I."; R~:~:~ Z ....................... ~ .................................... / .................... :::::::::::::::::::::::::: :; ............................................... ~, -~ :::::::::::::::::::: :::: ...... //::: ........... 7 ........ ::::::::~.: -- I~1-~-~ V& \', \ ~,~ o~.~.~ ...................................................... .... "" ............................................ . .......... i/ii ................................. ;; .... ¥. :::: ....... ~ ............. ~ .... ::::::::::::::::::::::::::::::: ~" _ c-~ ~ ,r--~ ~z ::::::::::::::::::::::::::::::::::::::::::::::::::::: .:/f~!!! L!i! ~.~ ... r- ::::::::::::::::::::::::::::::::::::::::::::::: ::::::::: /~:::: ..... /:~:"/ ........::': ~ ::::::::::::::::::::::::::::::::::::::::::::::: : :~./Y::::: : ]~!!~'~! ...... :::: ........................... ~ ............ "::::::::: / ~ ..... :.: .. : : :: :: : :: ::~: :::::::::::::::::::::::::::::::::::::::: --~ : .......... ~ ............................... '~m ....... ~ ~ · x. . :::::::::::::::::::::::::::::::::::::::::::::: i!!ii]!!i: :!iiii!!!i!il ... ====================== / ' , ::::::::::::::::::::::::::::::::::::::::::::: :~:'.]:: ~.::::::::: ::''.::::: : · ~ -- ............ : ....... :::.:::::: ::::::::::: ::~ : : : ':::: : :;'::::::~ :::::: : r~O ...... rT~ ~<~ ..................................... · ................ ~. o ....... Cn ~" ....... ::::::::::::::::::::::::::::::::::::::: ::: ' ;: : .::::: I'L. ........ '~O ....... Z :::::::: . .~ ........ :~::: ::::: G-) ........................................ :-..::: :::: : ::: : : :::::::: ~'-~. 'oz · i :::::::::::::::::::::::::::::::::::::::::::::::: :~~,.~.~_~.~-w ~ .......... : ..... :::::::::::::::::::::::::::::::::::::: :L~u:::::::::::::::::: ~o<z.~ /~,~./ /, > ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ,~~F-/- ~ ,~ ?. ~-~? ?. --< ......................................................... ~hc~+ / \ ~ II / .......................................................... I~N~I \ O~ + ........................................................................................ :::::::::::::::::::::::::: ................................ - ..::::::::::::::: ::::::::: :::: _ ,, c,,~o o ::::::::::::::::::::'::::::::::::::: tri ........ ~ ................... >~ >~ ~, &~o \ ~' z :::::::::::::::::~::::::i:i~:.~:~ ~ ~.~ ~ .-.~,~ '~V./ o ................. ~) ........................... :::::::::::::::::::::::::::::::::::::::::::::::: .q ' '' re1 ................................................................................ ....... -~t ................................................................................ .......................................................................... r"-- Z-- -r 0 =--o il ~ '~ .~.~ · ................. I,~ ... ' ................................................. ..:.:...:. . I__ ::::::::::::::::::::::::::::::::::::::::::::::::::: ~z. ......... . ................................................ ~. <~.;, ~l._~ -'~- ~ ::::::::::::::::::::::::::::::::::::::::::::i!!iiii!!i!iiiii!!i!iiiiiiiii!!i!ii!!!iiiiiii! iiiiii i! ~ g -'"!'~'i .... ! ........ ! ................ ! ........ : .... : .... : .... : .... : .... : .... : .... : .... : .... : ;, u o. : .. :~ : :~ : ~ ~ .o'2_ ~ : ~ : ;q : :',4 : :co ~= o= ~ ---.~..~ .., ~ "-~' '....: .... : .... : .... : .... i .... ! .... i .... ! .... ! .... ! .... i .... ? .... i .... ! .... i .... ! .... i .... ! ".~ ,.~ ~ J'~ LANGDON BAY .......... ~ ............. ~,~..:iiiiiiiiii!iiii ~'~ ·" ~ ............. 0 .................. ...................... : : ::: ........... !"1..o :~ .................. ::::::::::~ ::::: : · ::::::::::::::::::::::::::::::::::::::::::::::::::: ........................................ :... ::::::::::i::Z ;::::::::: ::: :: ............. m.-~ ...... ~-,/ .................. /~33 .................. ............ ::::::::::1 :::::::::::::::::::::::: :: ::: ~1~ ~:~ ............. ::::::::::::::::::::::::::: : ~ ::: :1: :~ ................... o~ .................. m~_ :::::::::::::::::::::::::::::::::::::::: i::: : ~: [: ::iii : :::::::::::::::::::::::::: ::::::::::::::::::::::::::: : ~-;::~::Jl: ............. :::::::::::::::::::::::::::::::.<~ :::::::::: ::::: ............... :::::::::::::::::::::::::::::::::::::::::::::: ............... ::¢: ::::::::::::::::::::::::::::::::::::::::::: ::1; ::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: ........ ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: .......... ;::;2;::::;:::.;~ ::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::: ~ ::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::: ;:;; ~ :::::::::::::::::::::::::::::::::::: :;: :::::::::::::::::::::::::::::::::::: .... :::::::::::::::::::::::::::::::: © :: ...... ::::::::::::::::::::::: ============================ :::::::::::::::::::::::: 1:::::: :::::rTI .............. I;::;;;.;;;;: ..~ ............. :::.:: '"i:JNV:~?O;51 ~N::'" INV 970:41 --S'- ::::::::::' :::::::::::::::::::::::::::: :: :--:: :::::::'::::::::: '.: ::'.:::::::: :: :~:::: :::::::::::::::::::::::::::::::::: ::: :~:?::i:: :: ::::::::::::::::::::::::::::::::::: :::::::::: :::::::::::::::::::::::::::::::::::::: ;f!?~!!:!!! .... :::::::::::::::::::::::::::::::::::::: .... ============================================= ..... ~ ::::::::::::::::::::: .... : .......... ......... ::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::: ........... :.~: ....................................... :::::::::::::::::::::::::::::::::::::::::::::::::::::: ::: :::::::~Nv:~e:~m ~:~:::::: :::::::::::iii!!!iiiii!ii!!i ........................ ::::::::::::::::::::::::::::::::::: MH~5 ........... : I ................................. ................................................ ::::::::::::::::::::::::::::::::::::::::::::::::::::: ............................................... :::::: :::OP:::: :::::: :::: :::: ::::::::: ::: :::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::;: ::::::: : ======================== ............................................................................. I...... ~ ............. :.:::::::::::::: :: : ::::::::::::::::::::::::::::: ....... ~ ....o ............................................................................. :...::::::: ~. ~ : - :::::: .............................................................. ~::: ~ : ::::: ....... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :~ :0 :~ :o L~ :o ~ ~o .'~ :o : .-o ! ......... : ......... : ......... : ................... : ......... ! ......... ! ......... ! ......... : .... : .... OT ? I',0 II 110 0 ',o o~+ / / ~/) <: II I#o :~.o LANGDON BAY ! .... ! .... i .... ! .... ! .... i .... : ......... : : ...... . ......... ii;~f.~ ::::: ~,v: ~,~.oz~-,~: ::~:~' ' ....... ::1'" :~,:~:~ ::: ...:~.:... : :'~: ::::: ::::::::::::::::::::: r-'"" ::?:::: iii i iii%~ ............ ' ....... ::: ........ :::::::::::::::::::::::::::::::::::::::::::::::: !i!:::!:c~. :::::: ..- · ............................................................ ............. "'*'"4. ........ ::::::::::::::::::::::::::::::::::::::::::::::::::::: L~ '"'"~:: ';: :2 ' .,~..'~ :5.. 10'. 'DI~OP -E ~ ..... ~ ........ ~.::: L:::::: INV: g55 OC[;-:W : :;:;::::::~' ========================:::::::::::::::::r~O r-'- .......... ::::::::::::::::::::: ::::::::::::::::: ,.. ................. r-F1 ::::::::::~ . ............................... :::::::;;:' :o, ...~...i!iiiiiiiii!iiii[i!ii ............................ .................. · .. ~.'~.::~:~::: ::: ===================== ......................... : : ::::om::::': ...........? 0 ............. '~ ...... :.::::::::~:,b: !i!!!i!!!~! ::::::::::::::::::::::::::::::::::::::: '" ::: :l,~: 9:~o.:*,~ ~ii !i ii!ii i ii iii ii ITl .... INV' 9~Q ~4~ ~/ ........ :.:;;;;;.::::;.::iii;iZi ii fJ") :::::::::::::::::::::::::::::::::::::::::: : :: :''::"; ............. ~.~ ; ;:::::::::::;;;::: ............ ~. ~ =================================================== z .< ~ : ~. ===================================================== ...... ~ ~ ..... ~ .......... 1: ....... ® II IIo ~+ Oo oo-q+ '-4 .-4.-4o.` ............................ ~ ~~~: ~ t:: t:: ~: ............................ ............... /~xx:~:::y::: ............................ ~ x 'x I / I ............... :::::::::::::~:/::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: : ::i:::::::,i !iii!iiiii!ii!iiiiiiii:iiiii:i:iiii:ii:::::::::::::::iU LANGDON BAY ............................... : :: ::::::::::::::::::::::::::::::: :::::::::: : : ::::::: · I .. : : :::".: ....... :..I.~..ii: ................... :::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::: · ..... ::::::::::::::::::::::::::~:~::: :::::::::::::::::::::::::::::::l:l::: '" :::::::::::::::::::::::::::::::::::::::: :::: ................................ I:n::... :::: :::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: !ii ::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: =============================== I-ri ::::::::::::::::::::::::::::::::: ........... :::::::::::::::::::::::::: :::::::::: =========================== r~ .......... ::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::: ....... :::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: ::: .............. . ......................... ::::::::::::::::::::: ....... ~'1~'": : .... :..: ...... :!:!::!!!?:.~!!:: ::::::::::: ::::::::::::::::::::::::::::: ............................... I ::::::::::. ::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: ::: ............. ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: .............. :::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: ............ :::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ~'MH ................................ RE.965;10 ..................... ................................ : .......... ::IN~ ~5§.~t:gN~$:::::: ........ : :::::::::::::::::::::::::: ........... . .......................................... ::::::::::::::::::::::::::: !!!!?~!!!!!!!!!!!!!!i!~ ...................................................... MH::: ................................................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :01: ..... ::C~::::::::Oi::::"::(;D .... ::::::::::::::::::::::: .... ::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::: ................... ::::::::::::::::::::::::::::::::::: ::::::::::i :::::::::::::::::::::: .................................. '"'... ::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: .~x .............................. NEW.RE, 958.95 o,~ i ::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::: =========================================================================================== _ : o~ ; : : : : : ; : .' ~ ~ : ;~::, : ~ : ~ : I~ . m..fo · '04 - 'C~ . '-~ · .-h. I ' : ~ : :0 : :Ch : :0 : :U~ q / / / / / I I LANGDON BAY .................... :::::::::::::::::::::::::::::: .......................... :::::::::::::::::::::::::: ............. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::~::~:::::::~:::: ~l :::::::::: ....................... :::::::::::::::::::: :: ~J~ ....... ~ ~ ~Ec~~ ~c0o. c · 'q ............. . ............................... ~ ...... ..r~.,, '~ ..... o ........~. ' ......................... ~ ....... ~.~u~.l~ ~ ~, ~ ,~ ~ o ::::: ~-,~.,,~.~ ..................... :::::::::::::::::::::::::::::: : .... _ ~ ,, _ ~ :.o~ :~. ,_, ................. ' ...................................... ~t ........... ~ o -,,. ,:,, ~ "", :": '-' ,:;t -, ~- n ...... .~'od'~ .......... :::::::::::::::::::::: ::: o/ ................... ~ ' ::::::::: ~m':"i~ ......................................... :.:~.::: : :: :::: : > ~ > ~,. ~ ~. ~. :.i ._ ~ :~- ~m~ ~o~ ',,'( ................ --~...~ ..... :~:': ................................................................. ' ...... .............. ~.~- ~' ..................... ~ I~' ~v' 9~-~ '-~4, ' L .... .... ::::::::::':"~'~'~:~. ..................... , : ' ............... .................. "~.~ . . ~ m m ~ o~ o ~ m~ mmd~ m~ ~- hmo o~ oz~O 0--1 ' ~1:; ........................... ~,.,., .:t ................. '' I I I- ~m - g~ r . . vi.. . ' .............. ;~ .......................... MFJ ~,11 ...... r ~ O :~ r .............. ~1... ~~ ~. ,.,. '-" .............. NV-g.544.~2~.~f... ovm ~ I ~ > O ........ ~.o.~ ,~.~L .... ~ ............................ : ~V 9'34.4~-2~..NW.. z ~ ~ o m ::::::::::::::::::::::: ................................. INV. g:~ g:~-3O~: E::: : ..... ........ o','~"'~"' "'~J",~i~~---'~---' .......................... :::::::::::::]::: :;:: : ::::::::;:':'.. ~ ~ ~z~ m -- :::::::... ~ ..................................................... ::::::::: r,1 ....... ::::::: ~ ...... ~ ....... ~ .................. < ' ::::::::::: :~. ::::. · ......... ==================================== - ...... :h'f':::~'~.;'~'. :,.: v~]:::INg',g~.~.~X-27F NW ; : :':: ............................ :::::¥::::::~::::~.::::: ~;:::::::[HV:9D3. g:4;-:53~"C ......... ::::::::::::::::::::::::::::::: z · ~ ..... ~'~i ~- -~ ....... --:, - ',,. ...................... :...: : ::::::::::::::::::::::::::::::: :..<~]::::: ,1:~ :~:::~~': ::: - :MH~113": .................................................. :~,,:~:.:.~:.:::~i. ....... ========================================== .............. :o::: ~j H ..N' ! i::::: q~...u~:: : ::::::::::::::::::::: ::::::::::: :: ......................... ::::::::::::::::::::::: .~::~::..i ........... :.::!i X ============================================ ...... .................................. ============================================== ................. : .... :::.- --~ ....................... ............................................ r - .. ................................. ::::: ;:::',:::~,j.::::::: :::::: · ~ ~! ...... ::::::::::LL: >~ .................... ..... :': : . ' ................... ~0 ....................................... il ............ .,,; .... o:.z .................. :.:::::::::::::::::: ,~l~ ..~j ('..'~,'. ~ ................ % ...................... :.:::::::: ::::::::: ~- .'.~ .,.-:. ~ ::~:::::: :: ............................ ========================================== / · ::::::::::::: :::::::: ::::: :: : ...... ::::::::::::::::::::::::::: ' I : : .......................... / 'N,~;,~':''' .............................................. I. - - : ..... ~ ~ '.""~ ' ...................................... I ........... ::''';:::::: ~ b~ I : :.',.~ :.~-'~ : :: ~ ~.'.';.:: ~ :I,Y: ~..6~ '-2?"' s£..::: ::: :: :- ,: ::::::: .................. ::::::::::::::::::::::::::::::::::::::::::: iiiiiiiiiiiiiiiii!!!::iii:i::~: .... ::::::::::. .:::::::::: !:: ~:"ui:::::::::::::: ................... c,-n ...... ~ca.~ ........ .::~:::~:: ' -::.' 4':;~'~'' ii :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .................... : ...... :::::::::::::::::::::::::: ~ ~i~Z::; ::::::::: ~.~L~ :'7':~"~ : ............ ~ ............... "'''~m ................................... \ ~-~'~ ........................................................ k~ ~ ................................... \ ~.;..~..~.~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ............ ., ..' ).. ?.~ .'.~.--.',~ ~ · _ ,-,:.,,~ 'c.. ......................... "'11' 0 ........................................ ' .............................. :::::::::::::::::::: :::: ~= :: ::::::::: ::::::::: ::: ·: ~~' \ ...................................................... .~,.~ ........ ::::::::::::::::::::::::::: ..... ~ ' ~ .,"4: ! ~ ::::: : ~"':: ::::::::::::::::::::::::::::::::::" :::::::::::~.:::::::~::::;:::~.:::::::~.::::::i:qi:iii~i~iiiiiii:~.iiii~ii~i:iiiiiiiiiiiiiii~ ..... ..................................................................................................... -- -- -- ~ ................................................................... ~ ii!iiiiiiiii]ii!i!!!.~iii .~ ::::::::::::::::::::::::::::::::::::::::::::::::::::/ : ~ ~ . m ....... ~ ....... =================================== //~./'~. ~ oZq~_~ ..................... O ....... :r. TI ..... :::::::::::::::::::ID::::::::::::::::: .................. ~ //'/~ "~ 'x ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: _ NI ~U/~ ',,~ ...... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~: I'-I L>~.~' X ::: : : b~''t~*~ : : ...................................... · · ~..o. ...................... :::::::::::::::::::::::::::::::::::::: ~c.~ = \ :: : ~.~,.,.~ .............................................................. ~ v~\~', \ / ~:~ .'1,'--:.-~7~ ~ ~r, ~ o!I · ~o~ . ::::::::::::::::::::::::::::::: ............................... ~ ~ >. l, iT. - I ~ ~(~t~ ................................ -- 0 ~:~' 12) ' Z' ~ ~1%~ :: ::::.:... . ............................................. x~--1 \LL_ _~_ i/~x :,~....~ ~I _;; ~; · .~m. ~ i ....... >~_.=..~:: .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: \\",~/7 / ~ Iai i / :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::: ::::::::: \\~// / I~l~q~l / I I~1 ; o ~ , , ......... m ...... ~in ........ i'~ ....................................................................... ' ....... ~'""'- ......... ," .................................................................... .~C ~ lil/~L/ ~ ~' ~ '° °~ " ~]~o~L::: ~ ~ .............................................................. :: oJ ....... '""' ............................................................................. ....... ~,~ 0 I~ '~ .................. ~-F ...................................................... q~ / ~ " ; ;;;; NF~g,,5..'fO~:--;l:~,"'i/I ........................................... .~ o ~:'~ .......... ~..~ ........ x .............. ' :::::::::::::::::::::::::::::::::::::::::::::: o~ , :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: , :: ~ :.':';:::~:~::::::::~::: ::::: : ...... : ...................... ~\ ~ ~'.~)"~/ ~<~E~ ; ~T;"~ ' :::::::::::::::::::::::: ' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ /~Y .~ i!~lrm~b ~I'"~] iii!!!!! !! .~ .,.~ i 'i!!ii!iii iii!! i! ! ::::: ::::::::::: ~ ',\',_~--,~'~~_~ ,(' ~-..','~: I ~' ' ............... ------~- ~ ~'- '>~ x' I ~,~" ~:~ : ~ : ......................................... / .-~ ................. ~ ....................................... :::::::::::::::::::::::::::::::::::::::: ~-~' ~ I / .~'& '~, ~ , ..................................................................................................... n ,<gs -- ::: : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: L________ ~ 1 / // NL.,/i , ~..-.,[~'~ I ::::::::::::::::::::::::::::::: ,":::::::::::::::::::::::::::::::::::::::::::::::::::::::::.":::::::::: I ' ~ -- -- ................................ ~ .................................................................... T~ / I ~'-' ~' ' :::::::: ::: : :; :: :: ::::::::::::::::::::::: ii!ii!!!! !!iiiiii!:! ! i : I ---n-'~r]~ ...... ' ........................................................ : ......... : I c. I I __ I I . I i:'t-~ ' i:' i i :::::::::::::::::::::::::::::::::::::::::: I -' Il I,I - I , ~;~ I iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiC~::::::: ':::!!!!i ............................... : ......... ::: ............. o,,o ......... : .... ::::::::::::::::::::::::::::::::::::::::: ............... C,-', b~ ............... ............... -~m ix~ ~ ~ .... ~ '11' 0 ....................... ::::::::::::::::::::::::::::::::::::: ::::::::: :::::~,~bi~<.~, :I~'":L~ : : : : : : :::::::::::::::::::::::::::::::::: ..... 'i~ M~"~:;:: .p.;:::;;.; ...................... mx ......................... ::::: : :.. ~_,.:dM...(~> ........ :::::::::::::::::::::::::::::::::::::::::::::: ........ ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................. .,~,,~,_,.:, ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................ ~: Z'"~ ~ ~ ~ 'L .... r' ~ ~-~ .............................. OL-1 .............................. ~r~ 'N: :.,~ q : ::: ............ ,~ ........................ iiii::i!i[ii!!::![::[i::}i::~-::~i.~ li il ~~fi f :: ~~:: :: :: :: :: :: [ ! :: i i } :: ::::::!i::f::::i f::ii:: if - :::::::::::::::::::::::::::::::: :: :::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: F =================================== ..................... ....... :::::::::::::::::: ....... ,,.. ................ ~..~ ......... ~,4.J: ......... : ::: :::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.6:.:::::: ............ ....................................... "'~ ...... : ......... : ...... ;'~°'°;;;;'":::":;':':::;:::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ......... ~ .............................. ............................. : ...... c) ....... : ........ :::::::::::,~': .... : ...................... ...... ~.o.~ ....................... ' .......................... :::::::::::::::::::::::::::::::: ......... .::~:~. ;::::-., ...... .,-CepH-.0 ...... :.: ......... : ..................................... ======¥¥=========:== :::::::::::4-::::::::::::::::::: :::::::::: ::::::::::::::::::::::::::: ~::::~':::: ......... ': :;:'"~ :"~:"' ~':~ :"':::::::::: ~ t :::::::::::::'::::':::::::::'::::::::::::::: ...;;'. ........... : :Z: J~V. :g63'gI ¼t2", ;$;:;:; ';;;;:: ~ ~ ~ !~!~ ::::::::::::::::::::::::: ' i.~ ................................ t~-.,:.:' ::::::::::::::::::::: ~ ' ' LANGDON BAY -k ~_,'~ ,..- ..'~_. ..'~2 : ?.o : .~D : ..~ · ~:~ . . : : :o. o.< ~ I I ~zoo, · - · ' .... < Z · ,,.~uu? . . .O ~J~ : :O ' lr~ ' .,-, . .,,; . : : · ~.-~ ~ : · · -: · : Y : ..... :~'~ i ,~ I ~. .......... :~:.:~:~:~::::: :: ,~i :::::: .................... ::::::::::::::::::::: ~.~ ~ , iilb?~ :0::::::.'.~::::~:':,::::::iiiiiiiiiiiiiiiii iii ::::::::::::~o° bo° ........... =========================== ; .................. :;:::::::::; ~m m ~ ' ' ' '", ...... ' ......... :::::::::::::::::::::::::::::::: :: .......... :::::::::::::::::::::::::::::: ~C ~ I',1 _, ' ........................................ : ........................ .... :: ::::::::::~:'~"--,~:::: ......... ~E.~;9~ ...... :: ::: : :::;' ,~:=tl? -~ fiil ~1~1 .......................... ~.:.::~: ::::: ~vm~z~a"'w ....................... 'x I'~='--¥_~ i,5, I~1 :::::::::::::::::::::::::::::::::::::::::::::: : ::::::::::::::::::::::: m~z~N x,___~____Z / z L____~______ j ======================= ~ Li::::: :: ............................ :::::::::::::::: .~, :::::::::: :: : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~i-r-§g . ;;;;': l~ ~, :::::::::::::::::::::::: ............. :::::: : :: "P I I/ ; ~ ~ i 'I ~ I . ................ ~..:: ~ :ia¢~A'-~;: .............................. .................. : ..x::: ;. :.:;..t ........... 9~2.;,1.~1~1.5..E ....................... .................. o"~'-'~'it.~4t~ .... I:::::::::ivir~A~ ....................... ~-q ~ ~ ~ ~ ~ H=-~ , :: :::':::'"~ .... ~-!i"','".~, .... I~ii~"~i/~i~s:~ :: ':::: ...... ....... :;::::::::::: ::: ~ ~: ~-F~: .... ~ ...... ::;::::::FZ ....................... :.:::: ...... ~,~ ..... ::::::::::::::::::::::::::::::::::::::::: ....... :::;:::::::::: ................. ;-;~'; ....... .'~ ................................................ i~:~ I ' I ::::::::::::::::::::::::::::::::-e ........ ::::::::::::::;:::: :; ";;? ::~: ::~':: :;: ::::::::::::::::::::::::::::::::::::::::: ' E C~ ~. I .................... ~ ..... :;.: i ',:::::::,:, ............................... ~ ~ ° ....................... ~- ........ :: :::::: : ....... : ; ::il ................ ~'~",'1 ................. ;:.m;. '";'; '" ; ;;;; " x / ............ · , , · .,.;:;:~:::~:? ..... ~.-~o~ ............ /~L~B,-'~'M ,' / I ::::::::::::::::::::::::::: ...... '.;.'.,-;.;;:;:::: :::: RE 969-10 :;::::: ''':': :::::::::::::::::::::::::::::::::::::::::::::::::::::::: :NV958.~SF~"W ....... :::::: ~ ~"~.. / / :::::::::::::::::::::: ei~.~: ;:;::::: ............. Nv'g~l;6~i'L~8)":~"::::::::::::: ~ "x'x~-")/ - I :::::::::::::::::::::::::::::::::::::::: .... ::::::::::::::::::::::::::::::::::::::: :::::::::::::::: , o~:~ ::::: : ................................. :.::::::::: .,Xx/ ..;'.' ~ / ..... ::t' .;~.m.~ ..... ~11.~. .......... :::: :::::: ,. : : ..................... :::::~:~:~,,~,; :, ,~..,.:: :::::::: ............................... ::::::::::::::::::::: ,~', ..... ~-~'~.~'-~.~ ..... ~-~: ............................... :::::::::::: ..................... \,~ ............................ i..,;;;; : ................. ~ ~-~' :::::::::::::::::::::::::::: ~ i~'~'~ i~ ~ : :::::::::::::::::::: ::::::::.':t:::::::::~;::::::::: Ny'958~5'~Iff"'W ............ : ~-~, \ / \~ ~ .e.--"-'~':/~ ' ::: : :::::::'::::::':::~%,~,1: x:::::::::::l,,: ..... ::' ::::::::::::::::::::::::::::::: _ , ::::::::::::::::::::: : ~ ~ ::::::::::::::~:: .................................... -~ I I..,,~"'~ ~'~x~ ~ ~/ ~ \\\ =========================== : ................. ~ , i ! ::::::::::::::::::::::::::::::::: ::::: : -__J I~li I/ ', \ ~/~,N\~/ \\X' :::::::;::!:ii!!i!!i~ii!i!!~::::::;;.'h::;:::;;;;;;;;::;:;:::;::: ~ ,, .................... ~ ....... =================================== - :::;::: :~ .... ~~ii~ .......................... ~.~ \ '~ il~i .... I' ......................... ~ ................. Omo~ ~ /\ ........... · '~ i ............................. > ................. r~ :::::::::::::::::::: : -~bi~- , ~ : : :: :::: ....... m.-'/:JNy:~l~i2.9/l:Tl~}".i,~::. 'lip .... · ............. ~... =========================== .......... ~_ , ....................... -~-. ........ +!'. ...... ::::::::': : ......... ~ / ~ . ............................ ~::::::~ii~i ............. :..::::::: > :!iii!ii! !i!ii!ii i ============================= ?_~ - ................................ '* ...... ' RE '974'24. ........... ........................ ~ ..... ~; ......... : .... :... . -- ................................ :~" ,' '1 .................... , ......... lilY. !~3.2~ ;-.15: c; :::::::::::::::::::::::::::::::::::::: :::;:::::;:::::::::: ::::::::: lYY:9~t~.,o.41~-:12:' N : :: '::::: .............. ~'~'~ \ .................... I ............................. .......... : ..... :::: :::::::::.::0 :' :: :::::::;::::'": ............................... ::::::::::::::::::::::: ....... ~..~ .... ": ............. :iii:i~.iiiiii{:: ::::::: : :::::::::::::::::::::::::::::::::: :: I >,; !~::::: :::::::::'::':': ......... :::::::::::::::::::::::::::::::::::::: :::: ::::::c,::';,'fx::::: :: :::: ::: :::: ::::::::: :: :: :: ::: -I :::::;: ; ::::::::::~: :~r~..;:::/:;:::;4:::::~l~'~i~q~ ..... ; .............. :z ~ L) t I I;11 II ! : : ::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::: d~ ~ ......... ° .............................................. :;U J :::::::::: ::::: : ~:::M::::::::::::::: ............. :-:"::;::::::::;;~' ~ ~.~.-..-..-..-..-..-.~ltgtl~illiililil ;::::::::::::::::::: :::::: ............................................. ,~' .............................. ~~:.:....... ~...:::..::: ......................... :*, .... ~-,",m' C ....................................................... ~I~'~ ~ ~m' C .--I '-'J I -r-- ....................... '~ , - ~ ................................................. ~ ~. ~, c~ ~ ~ ~, o~ ~z~ I*'rl mO o-4 ................ z..~.~-~::::::~ ........ Nv.g6400::i2!':E:::::::::::::::::: : ~ ~ I~ '.] r'- :~ r- ~ ~ ~o(n ~o mz : ......................... ~.~ ~ . ..................................... ~ ~ ~ ~m o<3 :::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::: I*~~ ,~ 1::1 · . ~.';~:ii ::-::::::: ...................... I, ! :: I ~III1~ ~,-~ ~ o ...................................... '~,11.? ................ : ....... :::::::::::::::::::::: I~ ~ ..~ .... ~ , ~ ,~ . ~ · ~ , ~;~ : kO : :~O : : : : : : mo - ; ~ : .'Ch : O~ : 1::)3 :-.,I : ;',.,I : : : : ; ' r-5' :o : ..(.,n : ;o : .c~ : :c) : ..(.n : : : : : i Z 7 7 i~. LANGDON BAY I y.(~.iL ; : .'~, : :u : ? : ~ ~ ' :~ : : : : : I '~ '-' ~.~ ::::"~ ................... ' ....... : ..... ::::::::::::: : :::::: ' ~,~ ,"'m '%' ~ : ;~k~ : ::::::::::::::::::::::::::::::::::::: ..................... +++~" ~-:~ ~ ~ I I,, ,...'~.~.., .................. :::: ........................................... : -~.~ . ~.~o. ~ · ~ I ~ ...... ~ .............. OEI~t ........................................ r-- 0 u ~ Zx ~'~: ~" · -.o.a.~:.. ~ ...... 'Lee~t'- ............................................ =~;o ,~ I::~ ,- ~ ,,'= z -- ......... ~: .... I .... INV. g67.05Ll~':' ~ ........... ~1 ........ !.4 ....... ~ ......... ~r-~ ) m (no~ ............... ' ~ .......... - ............... ' ...... ~ ............................... ~'" ~ o ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;-1 gll : : .... ~!::::::::: ............ ...<~ ....... ~ .................. ~,.c , (n~m o,- ~ ,o ~ -4 ~ u, .. ~ ~ ~ o ~ -4 0~ ~i-_,.~, :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: vgZ ~ ~,'p ~( ~ I ~!1 :::::::~:~~ ............ ::::::::::::::::::::::::::::: ~,§ ' ,.~.~ ~ z ,~ ~-' ...... · .... ,* - ;;1:: ....... t')' ' ............................ · ~ ~ 0 --4 LO ~,, c~ c~ - ( ~iiiii:.iiiiiii:::::.u,.::::~.:::::..::,~v:g~s.~.,~.:.~Z..s... :z:o~~ = ~ ~¢z o ........... ' ::: Y~.':'.::iii::::::::::::::.:=,'~i!iiii:;:! ....... =:: ~'~o .' --~< -~o -~ = ~- · ...... ~;:::;;:::::::::::; ....... :- ....... ~': .... ~::::'k::::."',-~,:,;,::;;~ ::::" i~-~.~ ' ~mm ?z 0 · v.:z ....... '., ....... I ....... ::;::;;;::;:: ".;-, ................. ~ .... x._,~,~M~i.i.,,t .... r',l-~ s ~ i~[~- ..................... ::::: : 14.e:<: :: ........................... RE.969.59 .......... __.m >rom r" o o o~ o o o o, o o ~ o o~ o o-, - ~, ......................... ' .......... NV 96607'-,15. W.. Zr-- o - · .... ~ ....... ;" .... M ~lt ... · ........................... ~ . ~ ) ~ , I -!E ..... m ...... · .... :::::::::: ......................... INV. 06;5.8;2:--18;. ~.. .. m°.'-'m . .~-< ~ 1~ ,=ir'- ~'-; ::::~5:~ ~::::~.N...V~9~6~.=O;7:%lS"'W:O~::;:::: ::: ~ ::::.9,.~ ............... ~ :3: . OS,,,Z m I~' _ ' .... ('3'~ ~::;: Yd :;;; :: ;:; ~:: ....... ~ ...... ' ..................... m . 3- -- ~s~ ......... = ========(I = = = = = = = = = = = E2 : :;:: ............................... ' mo · = · ............ ..r'''%-~7. . .. .% ....... ~E .970 77 ~o ............................................... [::; ;:0 ~ :::::::::-;4 :: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ....... .-. ~ ~,:::::::::::::::::::::::::::: ....... ::: .:.:.: ..... _~ , a ir; ......... ~ ......... :. ~'.::d!ii:::::::.:::: ................................. ::: ,~ I ..... · ''- .................. ,. ° ............ ' ......... , Z~ Z i ~ ................ c ............. IN~ g65.08 ~.18. NE... : ::: ...................... _ _ _ +- ~ h- . + ~E ::::::::::::::::::::::::::::::::::::::::::::::::: .............................. :::::::::::::::::::::: ~ E~ ~ ~:rll I I ,; · , :o~ :::::::::::::::::::::::::::::::::::::::::: :;!i!! s~ ,,~ f '--==---'~,~L · ' ..... & ............... ~ r'r~ ~= .... Z :: : :::C;~.:::::::.'~.:..'::: ~ ::::::.'C~. ~m:;,",'o ......................... : :::::::: m' ~' :~ ..... ~ r ~' L_~ .......................... : ............... : i~i~ .................................... r- <r- ~ ...... ,o ....... ,.o...k..,.o ...... ~ ..... ~<~8o, o,~.._::::::::= .......... ~-~ -.~ :~ ~ ~ ~ ~t <'~-i ....... ~ ..... ~t.:,?~..,,u ....... ,,~ ....... ~... ~ <~ &-~ .! r II~ ~- olMI '-I~, .............. ' ::;:::::0 .... -- '.' blbl ' ' . '%,1 ............................ ' '~ :~ ~'~ + ' ::::::::::::::::::::::::::::::::::::::::::::: :: ~ ....... ~ ..... ::"~':::::::':~':::::::: ~o° b~ ~ ~ ---]- ~ :::::::::::::::::::::::::::::::::::::::::::::::::: ........... : ....... ::::::::::::::::::::::: ~ o~ ~b~ j ' ::::::::::::::::::::::::::::::::::::::::::::::::::: : : ii !ii::::::::::::::::: i,,~ ~ ~~ I'~ 4-/--~---_ 1' :::::::;:: ::::: ~'.~t~,~ ..... ~;~ ............................... ::::::1::::::::: -.4~ ~ i.~ ~ '~ I t ~-~z~ ~ .............................. :..~: ;:~,.::::: ':~:.. , ............... I I o~ - :::::::::: :::::::::: ...... ................................. :::::::::::::::: _._ ............................... ;~ ~ ~,,-,'~ c-.U:: :it:.::::: : ::::::: ............ ~ ":-~ ....// o~'~ : ; : m:'"k"''~""-~''L ......... FE~-G ............ : ......... 1::::::::: "q":---- /' / o o~.~ ....................... :. a~';:Q'< ...... '~'~-$,~..'.'x INV. g64.-50-'.1..~ ...................... ~ ................ PI~ o--'>~ ...... . ..... , .......... -,,. ,-- . ~.f~ i :::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::~ ~ L~' \ ~,~\ 'o- o :::: : : : :: ~::m ....... '~.' .... :-::.:::" ;~0::::::::::: ~1 f~ ............................... : ..... ::"..::::~.: ....... V. 964.69-2t. · NW. · '- ~ : ====================================================== ::::::::::::.~ : \ ,\~,,~\ %. "~.:.d-,X',---" :::::::::::::::::::::::::::::::::::::::::::::::::::::: ................. ~ ,V'"~\\\\\\ -\~/'." .................... ~Tk~ rO %.1 ~ .................... · / :..::: ....... ;::: ..... :::::::::::::::::::.6i:::::::: ::::::::::::: [: NV:gB'50~418't.4~W ,-- \ ................................. · ~ .,.,, ...................... ::,: .,.: ,,=.0,,-:,,.- .,,,~ ...... ~.~X~ .~ ..... ::::::::::::::::::::::::?'~.:::::::::.:::::::?::: ~ NV964~:4-:.e2~ I?It4'- .......... /__/\ ~,~-'-~ : ." :::::::: ........ : : : :: ~':~ *-:::'::: ..... , ................. ................. ::::::~,::::::: ~, \ I~,1 .>\\',.~/'.\ck\ ..... ::::::::::::::::::::::::::::::::::::::::::::::: : .............................. :::: :::1::: ~,~'~!t ..... ::: ................. :.. : ============================================== ~{'~J ~ ..... ::::: ::::::::: :::::: ............. *" ......... I ............................... ' .......... ........ , ........... +~ ......................................... .q ........,..../ NV:9:652!~=-18"'SW ............ ~ ..................................................................... ' = i. ;;:;;;;;: · ~ ::::::::::::::::::::::::::::::::::::::: <: .*,' ~~ii ........... ,.-.:::::::::::: -~ ................................................ ~. o ================================= '>' \ r~ ~'*.tll,~',(~¢r~.~/ O ~ :::::::::::::::::::::::::::::::::::::::: ::::::::~' k~ ~:.'x~::'F:::: : · · :::::::::::::::::::::::::::::::::::::::: :::: :~ ~ ~..:..~"~.."~:':ii::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::: :: : : . . ~'::::::::::::: \ : O ....................... :::::; : :::::: : : ~~::?:~::::~::::2~ ........ ................................................ ~ .... ''':;:::::2.:::: : m'~ ......... ::::::::::::::::::::::::::::::::::::::::::::: ~:::::,.::~ ........ - 03 ::::::::::::::::::::::::::::::::::::::::::::::::::::::: !::: : ....... '::::::: ~.'':::;:;:: \ '"':= ........................................ '~' .4., '..~ .... x ....... II'.IV' g~ 5~ ' 18"' SW "' ~ :::::::::: ::::::::: :: : : ~ ~ ..--~~;i?~g ........ 'd-~\\ \\\% ....................................... I,..t ......... ~...,,3 .o..~ ......... : ......... :;;' :; ;:;~2. Z. - ......................... o..., ~~!~;!?f .......... ;20 : ................ ' '4) ......... c> · ,~/ ............................. o ......... i!~iii!iii iiiii I ~III~L: !:::: ::::::::::::::::::::::::::::::::::::: ....................... ~.,.u-: ..... , ...... ~i,~,:.,,,::::::::::::.. ~ r .......... : ...... ::::::::::::::::::::::::::::::: ~-=~.;;;lr~65;g~;:~." Sw : ~ , ~ _3 \ \ % ~\ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: : : ~ i -" '",~ :::::::::::::::::::::::::::::: :::::: :: ;: F:~ ....... ................................ oI ~ ............................................. ~.-~ . ~-] ====================== ~ - ; ...... :::::::::::::::::::::::: : : :::::..::::: ::"-:"'.RE;'~I,,:2,.9 ..................... ~'1 _, ~ ~ ~ ~~~_~,~'~ ~o~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: B ; ~ : :: ::::: ..................... ============================================================== ~ -~ '~----~ ................ :::::::::::::::::::::~`~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~i - /.'..~.~\~.L~'~\~.~''-~''-/ +,;~'1 J, ~ .~,'?/ .~ :::::::::::::::::::::::::::::::::::::~ 8:=.x::::::::::::::::::::::::::::=::::::::::::::::::::::::: ~ -<..~'/'-"ff \,~\9.._X,\\\~-' Z................. :::::::::::::::::::::::::: ..... RE'964;50':::::::::::::::::: 'S-"'I ,,\x~.%\\,\ \ ~1 I I ~Th - ::::::::::::::::::::::::::::::::::::~::::~'::::::::::`~:`;:::::::::::~::::::::::::::::::: - \.,~,~---~_\ xx., \'\ ~ \ -I I I I I II 0 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: \ \'\ \'~P~'"\ \ \ 0 \ / --'"-"~- , I I I II rtl ::::::::::::::::::::::: ............. ~::::"-:"~'-"'~. ................................. \ x \ \'~S \\ \~ < ................. :::::::::::::::::::::::::=:::Fi:::::::::::::::::::::::: '~ ~ * k¢~'\ \~<~v~ ~0 :::::::::::::::::::: ::::::::: 4~'~/t:::::.':::!Ny:~2.~. .................... ~-/~'(C~)/ / ] ,(x. ~ X '~ \ -o ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ;' "J/// .-5¢\ \\'m\ · :.: ........................ ..~ ................... ~ ................ : .... ::::::::::::::: \ / ============================ .;. :~x ::::::::::::: ..................... ::::::::::::::::::::::::::::::::::::::::::::::::::::: W:W/%' - '"'~: .................... ===================== ::::::::: .~.'~..'~'~.~.,~ d / 'o: b ~ ................... ~ ........ re.9~e:0e ........... ~ .............................. './-'/% ~_ ~ x/ :0 ... :::::::::::::::::::::::::::::::::::::::::: :: :::::::::::::::::::::::::::::::::::::::::: - / X ) I ~-~,:%N o. 'c~ "] .... :~A"~::::::: I V. 9~l.TZ ........... ~ ................. /~ ' %. / I ! ~4 '0r,~ - ' ......... L;.~ ......................................... ;~.~ ............... ::::::::::::::::::::: t3: ' ,, o.....~~':'..: ............................. ,,, ..................................... ~ ~' f.F--~ -,~' o ............................. ....................... d M/IA · .q % .' ::'~~/~,!i~i:::: : ::: : :::!!i:iii!!ii!i!iii!iiiiiiiii!i:i:ii:::::::: "c/' ,'/.,,=\ ::' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~; I~1'"- :~: ll:c~'--.~i ::: :::=:: :: :: ;: ::::::::::::::::::::::::::: ............... / r; III ,. ~,o,,, ~ ~,~ ..... . ................ , r- ., .~ .,I,,~,~ .~ ................................ ::,:::::: ............ ..... r'~ ...... ,-~ IXI. i G,I fdl ......... ' ..................... ///~ · '" '%~,u~ :4~: ~ ................................ :"'::::::::::::::: ........ ! ............ Z .. ,~ ii. o ...... 3:2'N.~'3 ~. .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ ,~.~ ~,~,aF~:::: : :::::':::~'-'"'~::::::::::::::::::::::::::::::::::::::::::::::::: '. I'rl il/ ~ ...~ ........ m~E]~::::..: .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: \, ~ %./_L .... z :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: \.'~ -'~<'~/ /~ · 4~ ' 1 ..... ~ · ~.. r-O'~ ....... .~. .......... o~'c~ ......... .~. ....... .'M ............................ r / "~ _ .... .... ....... ,,, ............................................................... ¥ :-ff---'/, I~ · ~ ~ ........ m .................... I , r--.i ,. ,%~ ........ 0 ....... ~ ............................ '' ~ .................................... - ' · ................. :': ........ :':::.::::::: ........... /~ -< , ,~ ,.. ~ . ~j 0 ::::::::::::::: ........................ ::h=================================================== ," :; ,~;;:;:::;:::;;;;:::;:=:;::::;:;;;':;::; ,~ ::::::::::::::::::::::::::::::::::::::::::::::::::::: \ -- :::::::::::::::::::::::::::::: ::::: : t~%~ ~ !:!!~!!!!!!!!!!!!i!!!!!!!!ii!:::: ITl\ \~ / _~-// ........................................... -4 ................................................... :::: ~ c,.. · ii .............. C~~ ....................................... ..................................... ........ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ ~'~' ../~' I '{ 4 :::::::::: :::::::::::::::::::::: :~ ::: >':: ::6"'::::: .'~: ':::: :N:: :;4::::::;-:1:~. :::::::: ::::::::::::::::::::: ~,\ .,~ ~ ~ '~ _< -~ -,~ ~ ::::::::::::::::::::::::::::::::::::::::::::::::: ::: : : : : : :: : : \\~ ~ v \~1 ~ .. · ~.F.~.b>~,~., ................................................ ,, o- ~ ~.~~': ~'[t~' :::::::::::::::::::::::::::::::::::: ........... ,. ................................................ ', rl~.~ ',:' ::::::::: :::: :::: ::::::::::::::::::::::::::::::::::::::::: -,% , _~_ · ........................................ ...?.,.~ ............... ::::::::::::::::::::::::::::::::: ~?,.~4 \ ,~ o ....................................... ;~'>"~' · '~: ................................................... ! ~ ~ ,.:_. : : : : : : : ~× -: : : : : : : : : : : \ ~x,~. \V' IIIIIIII111111 LANGDON BAY I '~U* : : : .... : : , : !o : :_. ,o · ~'2'" : : : : : : ; i i : : : : : : : : : f fill i::::::::::::::::::: :: : :::::::::::::::::::::::::::::::::::::::::::::::::: i Z~ :: :::::::::::::::::::::::::::::::::::: :::::::: :: ::: : :::::::::::::::::: ~ ~1 .......... : ........ :::::::::::::::::::::::::: :::: ................... :,;:::::::::: I : ..... :::::::::::::::::::::::: : :~:O: ................................ :::::::::::::::::::: ~ ............................ o- -~ ............. · ............... ~ ~ · . ::: ........................ :'~'C~ ..................... ::;:: ': ........ I -4 -- I O 4,0 ......... 3~c'lz :>O O ~ [~ ........ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ...... :::::::::::::::::::::::: I ~r- ~< :;~ ;- [~ :::::::::::::::::::::::::::: ............... (,"'..I~] ..... I":.:::::B-::~::::-::::::::::::::::::::::::::::: ! ~m ~ ~ !i :::::::::::::::::::::::::::::::::::::::: ~~.:::~.~.,:_:.: ===================== +++~. ~o~ ~,~ ~ ~ ~ ~ ~ ~ ~o ~ ~ i ¢ ~, .................. ~ ..... ! ...... ~ .... ::::::::~.~.:'4_~_~'t4q ,; : · ~o ~"~ ITl o o *"' o ~ ~' ~' ~' ~' ~:1'" ~'' *r ~: ~. iJ : ,~ :::::::::::::::::::: ::: : ::.~;:.:-..:.~'~:::J:: :::: ::::::::::::::::::::::::::::::::::::::::: E~O~m ~-~ ~----x ,,' ::::::::::::::::::::::::::::::::::::::::::::::::::: .... :::::::::::::::::::::::::: ~f,~ ~, ~. ::::::::::::::::::::::: ; :.~;~>;g~;;:" ~ ......... :::::::::::::::::::::::::::::::: Z C:> ~ZO O I ~. ............................... :~.~.~,..m~..l~~ ................... o .... ~ ~ o I , ~-- ' ...................... o", .... ~ .... I~::~ ............... ~1,~ -4~-I ~ O "_,,~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: >~,,~ ~ ~ ,.,., :~ z ~'~ ............................... ~" ..... :~;-~::'::J-;J~~L~:~8.S7.:-~5~'SW ............ ~':0~' ~-4 ~o "~'~ ........................................................... :.'.. ::.. . ' ........ -- ~ "o -'-I ~ ~ -- ~ ....... ; ..... 0 -~ .......................... ~i;~: :;;;: .......... ~o~ or- _z ,._. ~ ................ ::::::::::::::::::::::::::::::~:: ~ ............. :~-~ ~,~ oz~z ~ = :~ ~ ~,~:~ = :. = :~ :~ :~ ~ :~ :~ , a~ : :::::::::::::::::::::::::::::::::::::: ::::::::::: ,..,.~°~ · -~ ::::::::::::::::::::::::::::::::::::::::::::::::9::::::::::::::::::::::::: ~:-io ~-~r.3 o~ ~, ~ ~. ~. c, ~ ~ ~ ~ ~. ~ ~ -- c. - ~m ~1 I ........................................ ,.,... · ........ ~. ................. r- ~ ~ s~'~ ........... : ::?:::::::::.":::~ ......... Nt~.~4,51 ..... -no_O ~ ~ r- ~ I I I I I II I I I I r~O~: ~;_'" .......... :":::::::::::::::a::'.:~~E~"~;"': o=~>~ i'°<= ~ o ' ' ~'J~ ' ......... :::::::::::::::::::::::: ............................ : "o ~z z .'~o ~ Fq = ..... : : .::::...~:.. ~.I.~':-,,,.,,,,,, ~ .. o ~-." .................... : .... :: :fa.::: ~::: :~,:;: .' I~. ~:7.7..5Q+:18"' S · · · ;' '~-4 s~ '': ............................. ,'~'' . ..... ::::.~:::: . ' . : mO .~ :::::::::::::::::::::::::::::::::: . ~J ........... :::::::::::::::::::::::::::::::::::::: ......... : ~3 : : ::::: ........ ~ ~ ~ ~ R~ :~7.'~,:: ~ · z ~ .......................... :::: :::: ~:: ~ X IN¥: PT~.9~lB:' N' ' ·: o ~.~ :::::::::::::::::::::::::::::::::::::::::-':8:::::: ................................. ~,:.::::: ......... : :;:: ................................................ : ........ : :'::::: ~ I , ~.,,.., ~l~l ~ :::::::::::::::::::::::: .... : ....................... · .../...:::;::::: -- .............................. O . . : :: : ............... '/ ............ o--~: ........................................ ~]::l::.. · , ............ .............................................................................. , : :::::::::::::::::::::::~ .... ::::::::: ::::::::m::::::u~::,::: : t .......... : ...... ::::::::::::::::::::::::::::::: ............. :.:::::::::: :;.:': ::: ~:::m m '9 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::: : NY ::75.~:.'-:119~' N ' :::::::::::::::::::: ::::::::: "'"~~' ......... >':u ....... ,v. s75~,-~,.s~.. ......................... : .;;;;:: :..;-.: ;::::::::::::;::; ............................ :..::~, : ? ::,.:::::: ...................... ~ ~ : : ..................... ~.4m ........................ / ........... ::::::::::: :: + ¢~ ............. ::::::::::::::::::::::::::::: :::::::::::::::::::/:::::::::::::: ::::: ~¢~1~I 7-' t,j' ~ : .................... :::::::::::::::::::::: :::::::::::::::::::::::::::::::::::: ::::::: : : 1__~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ' ........................ :::::::::::::::::::::::::::::::::::::::::::::::::::'/::' ....' °-" = ::::": ................................ , ..... ~ ..................... U~-.fi~ · ................... IL: ,, .......... ,, ............. i::: ........ .~ ,~,:~ ........... ~ ,. ~ .~ ,,, .............................. I:.1 ....... ~. ............... 7::: ........ ~v. ~75.0z~la. NW ...................................... .~..J: .I ...... 2 .............. : ;/:::;::;:::;; IN¥: 97~.0.7:~-!1~; ~E: ' ::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: .................................................................. ~ ............................ '~. ~ ......................................... ~' ................. ~'Z ............................. -4 I'0 ~' .,. . . .... ::::::::::::::::::::::::::::::::::::: .............................. ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: i ~,ITI .................................................................. ............................. / ~ ::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: o~ ~ j / ~ ................................... ~ ................ ~ ............. > .~ .............................. __- ::::::::::::::::::::::::::::::::::::::::::: ~iii::i i::::: i~::::::::::: : : : :::::::: ::::::::::: ::r-. ' :::::::::::::::::::::::::::::::::::::::::::::::::::::~'~ / '--I ::::::::::::::::::::::::::::::::::::: :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: I O :: ........................ I .......................................... ~' : ...... ::::-:: ..... :'::: ....... ~.: ................. RE..gTe,74..:..:::::::::::::::::::::::::: t ~-t,._~ j I /~["/ J~ / ; ...... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~z~n t ~) :::::::::::::::::::::::::::::: ...... ~'-~"":'~ : ::.::::INV:92:OS~-:I2"NE : :::.:::::::::. o-4~i~,~ ~-~s~,.~'n i rll ~ I I · *~ ......... ........................... ' INV g 70.5~ --.~JR~+ ~W~ ..... ' ~ r m ~ 0 m ~ ' rtI : ....... ;'.;.:'.::';;;;;:; ....... ;". ................... o ~ -~ ~ -~ ~".~ ¢, I ......................... ::' rll~ ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: i ~ ~ .......................................................................................... .~ ~o .............. l ..................................................... ...u ........ o~, .... ::: :: , ': · ......... .(~ ....... ~ ........ -.J ..... ::::::::::::::::::::::::::::::::::::::::::::::::::::: "n- -- :::::::::::O::: ::: r..~ O ID1 O :LTI::':':::O ': ..... ~ ....... ~ ........ -4 ~ ................................................................. :-: ..... :::::::::::::::::::::::::: ol ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ! : :::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: a ---~ .-- ::::::::::::::::::::::::::::::::~j::°~J:::::::::::::~:~e:.:::::::::5::;~g:::¢`:::::::::::::::::::::::::: Fq / ~.--. I - ~~::::~:::: ............................... u~ --*- 'T .............................. ~- :: ::::::::::::::::::::::: .............. :: / · :::::::::: :: : ::::::::::::::::::::::::::::::::::::::::: ,,: o :::::::::: ::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::: m'~\ ~,, ~ 1, /~.~ ~:=1-6-1 m ....................... -'~ .... :::::::::::::::::::::::::::::::::::::::::::: --I '- ~ ~ "-": ~ i t"~ I ~\tll ',~, T +-.ITl -( :::::::::::::::::::::::::::::::::::::::IN::::::::::::'::::::::::::::::::::::::: '. ~\ ~--~t~":~-~ ~~ ~ ~ ', I ~ HI~ \~- m. ~ILI m .: .. ::::: :: :::::::: n:~ r~~'" "'"/::: ::IIIV:97:'tH'-'~2"$E:'0 ~, ............ ' ...................... 'q "-.'k--"~ u ............... :::: .~;~ ' : :::' ... ======================= .... : ............... / m O,o~ -- ...................... ~ ........ ~ ............ :~. ......................... ::::.::::::::::::::: ~- : ' 3: : ' '4-.'%.' ·: ................................................. / ~ ~ ~, o, I -- :;~ rtl ............. I~ ................. ~,~ ,~. ' ::'''::j '':::::: ................................ / <tmm~'~ :~0 ;~ O z ::::::::::::::::::::::::::::::::::::::::::::::: '~ :::::::::: "*",:,~ ========================================= ~~-'-'-'-'-'-'-'-'-'~ ~-- ~ :::::::::::!:~:~ ====27,"================================= />.. ,'/----~,~-~~~ :::::::::::::~:~,:: ============================ ....... ................. ~ ........ $~t ...................... ~ ..................... ::::::: 4 :::::::::::::::' ================================================================================== .... . . ............. /:'L,.,,.,:.,...,, ............ ,~ ............................ ,.~ ........................... /~~--'~'-.'-'--'~1-~---~ ~ ===================================== .................... ,,.o ............ :::..:::.: ..... /~~:-:Y__7_Z--~, ~ ::;..q.'V.,-,.:~:::)4. 4~,~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .~_~._.~--~~~" ~ ' ' ' r m ~ :0'~ :-4::: ~ ~'0 .~,'~'~ .............. :~ ...................................... :::::::::::::::::::::: ~ - ...,^ .>..<..-;:::,~<B....<~..i~ ................ ,, ......................................... :--~.~ --..Z/~,~...~----T-~ " ,~ .~ ~'- -,- : .~ , ~h::~-. o~:~' ......................... ":: ................................... ;. ' "-~~'-"-- ,~ ~- rrli :~.~ '~:':x:~,~'~ ..................... ~, ............. ::::::::::::::::::::::::::::::::::::::::: /"-.. ~"--."~ ~9.~ :~:(:?,~ :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ?/~.-"E~ ___~.~.-*'-~lr---~l--41 · '.mmm:.:'~ ...... ~- ...... :::: ::::::::::::::::::::::::::-::::::::::::::::::::::::::: / r- ... m~:~ ................................ ~ ............................................... : ...... :,,. ....... ~.::::¢~..~ ........................ ~ .................................................... ~:,/K-~ili Z :::~::r:::::: =================================================================================== ///~ C) ::;-;l::m:mr-~::::¢: :-~1 ~ I :co :: ::::::::::::::::::::::::::::::::::::::::: i 0 .......... .'~ ................. .~ ....... .ia, ........ ~ ....... .~ ....... .~. .... :::::::::::::::::::::::: Z ::::::::::::::::::::::::::::::: :: : ~.'~0 ~ :::::: :f4~.::::::: :q~.::: .... ~ ....... ............................................... ;.',4 ....... .--,I ....... 433 ....... :OJ · ..:::: ki3::: ::: :: ~::::: :: ::::::::::::::::: ::::::: :::: :: ::::: :::: :: ::~:::: :: :::: :::: ::::::: ::::::::::: :: :: ::::: ::: ::::: ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: '. ::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .................................... '1'1 ......... I ..... RE .976:74-:,~ .... .......... :: ::::::::::::::: ::::::: :::: :::::::::.&::::::: :::::::::::::::::::::::::4.::::::::::::::::: :::::: :::::::::::::::::::::::::::: :::::::::::: ::~.::: ::::::::::::::::::::::::4-:::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::: :::::: ~L;:::: ::::: ::?t::::::::~':~S::::::::::::: ::::::::::::::::::::::::::::::::::::.~::: :::::::/:~Y:I~:Zq-~.9-:'~¢"'~w":::':'::::o- - . . ........... ~,~ .... :::::::::::::::::::::::: ~ ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::: '"::l::::::::::::::~ ~::~. ~ ~-o ~ ::::::::::::::::::::::::::::::::::::::::: ..... ,.,,..: .................... ~ >~"" ~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ......... '"'ii .. ::::::::::::::::::::::::: ::::::o:,!!::!~.~ :.r.. z* ~J -~ / S ::::::::: : : :::: :~~::~:~ ..... : "::~: ~ '~ ................................................. ,,~'~::::::~:*:::::!7 :'~ ~ ' ...................................... fl' ................. RE 974.69 ................... --~-- ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~-~<r .... :,.~,: .... : .... : .... : .... : .... : .... : .... :...~ .... : .... : .... : .... : .... : .... : .... : .... :..~.~...: ~ o. . -.. . . . : . : : ?,D : .~O : ,~O : .'r,.O : ~ : : ~- ......... ',4 . ',4 · CO . 03 · :~) . . ~ ,"-5' : : : : : : : : :O : t.n : :(3 : ;03 : ;(:3 : :~ LANGDON BAY Z ~Z ~ :~ : ~ : '~ : '~ · ~ . ~ · ~ ~ ...... ~ ~ · ~ · :,~ '., · .--, ...... : : : - . ~ ~: ~ m--O .......... :::::::::::::::::?:: ? EVCS=~BVI:~i, ~+75 ....... =========================================== o .............. / .... : ~::::::::: .................. ~'~ ................................ .~.~ ~ .. :::::::::::::::::::::::::::: :: .... ~< ...... ~'~ .......... :::::::::::::::: : :::::::: :. : :: :::': ................................................................. ~ ~ ~ -- ~ -- ::::::::::::::::::::::::::::::::::::::::::::::::::: : : ::::'::: ................: .... :::::: -~:-~"~:1;1~1:1#:;~:~ ~ ~ :~ -- + ..................... :::'::::::: ............................... :::::::::::::::::::::::::::::: ::: : ::::::::::::::::::::::::::::::::::: ~ iiiii:: ~ ~i:::~iiiA ...................... :::::::::::::::::::::::::::::::::::: : .~ ............................................... : ......... ::::::::::::::::::::: ~:~ - ~':::::::::::::::::::::::::::::: ::: : : ' i : ! iiiiiiii!!i :::::::::::::::::::::::::::::: ' :::::::::: :::::::: :: ~::::::~L::::::\: ......................................... e782~... ~ ~ / /~ ,~/ ~ ~ ~ -~ I~--~-~. ~ ================================================================== // /~// ~ ~ ' ' -fl ~ 1 ...................................... .. ...................... :::::::::::::::::::::::::: I ================================================ ~ : :::::::: ::::::::::::::::::::::::::::: ......................................................................... ~,~1 :;: .......... -- / ======================================================================== :::::::::::::::::::::::::::::: ~A:. ~-~.~=0,00 ........................... :/::: ..... .~..-. .... ~ .................................... I : !:::: .... / .................................... 978 08 · · + ............................................. /:::::..~ ........................ ::::::::::::::::::::::: ~ ,z,!, .......... : ........... : .... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ============================================================================================ '~ ~h~ ~..1~ /z/~,~ ;: .~' T :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: : L: : :1 :: :: ::::::::::::::::::::::::::::::::::: ..... : :"972 ~8:" /.'/ \ : ~ : : ::::::': ::::::..:...: ...................................................... .................................................... I~' * ~*" ' ~ '~' ~ .................... 970 t8' , , o ~ 972 81 ~ ~ 4 ......... :_..: .... .... : .... ............................................................ °' :" ~ ~ ' :0 ' ~ : ~ ' :: :: : : ...... : .... : .... : .... : .... : ......... : ......... : ......... : ..... LANGDON BAY ::::::::::::::::!i! J,~ :!i ..................................................... ? ......... ::::::::::::::::::::::::::::::::::: iiii!iiiiiiiiiiiiiii!i!ii~!!iiiiiiiiiiiiii' ::::::::::::::::::::::::::::::::::::::: ..... ::":::::: :::::::::::::::::::::::::::::::::::::::::: ....................................... § !i !!ii i! ~!'~ii!:! :::::::'" · ........................................... ............. ::::::::::::::::::::::::::::::::: .......' ............................................... ~ ........ ::::::::::::::::::::::::::::::::: ~]~:~: l(~-i-~.b.': :::::::::::::::::::::::::::::::::::: .::..' .... 'i~ii:i :::::::::::::::::::::::::::::: ========================================= ..... 8vI2E:. 970.6eI .... :::::::::::::::::::::::::::::::: ; ....... ~' ........... : :::::::: I: :: ~:~:0_.~:::: ............... .................... ::::::::~;::::::::: .................. :j...;~.~ ~... Z ..~ ::::::::::::::::::::::::::::::::::::::::: ............. il.' ~ ' ;,';. -:::::::"::::: .... ' ;:;;;;;;;;;:: ......~ .....,....~. '~....~..i .r,-i ........ :: ..... :::: =============================================================================~ :::::::::::::::::::::::::::::::::::::::::: +::::::::::::::::::::::::::::::::::::::::: iiiiii~:.~C~ :::::::::::::::::::::::::::::::::::::::::: ....................................................... =========================================== ,,,, . ....................................... ,:.~::: +o ::iiiiiiii!iiii!!i ii!i!i!ii:::! :::::::::::::::::::::::::::::::::::::::::::::: =============================================== :~t:~:~ :" ':: .............................................. .............................................. ::::::>~ !!iii!!!!!i!! ::::::::::::::::::::::::::: ................................................................... ::::::::::::::::::::::::::: ~. ............................................. :::~,~::::::: :: ~ ........................ ::::iii ...... ,,, ....... ::::::::::::::::::::::::::: 0z· : , ............... ,, :::::::::::::::::::::::::: ii!iiiiiiiiiiiiiiiiiiiiiiiiiiiii;i;]iiiiiiii;;iii :::::::::::::::::" :::::::::::::::::::::::::: ............................................... ' ....................... ~ ''b' ~ 'lb'' 974''4B' ' :¢4 :~: PIN TAlE :LANE. :&: ROBIN: ti&ISlE:: .................. )1: :<.::: ..... :: :-;;~::;:::;;;: ...: ::::::::::P,,i~i!!!!!!!i! -7 ~ : : : : :::::::::::::.~o}..97-3.75-.~--- 8~ :::: :[vc~: .~t, 00: ~:::: ::::::.::i f!iTiii!iiiii!--I ............................................. ~ :::::::::::::::::::::::::::::::::::::::::: ; D.V. CE:; ::::::::::::::::::::::::::::::::::::::::::: ::::::::::/: ......... ;::::::::::::::::::: ::::::::: ::::::: : : ;- :::::::: :::::::::::::::::::::::::::::::::: ............................................ ,, ........................~:. ~;::::::::: ::::::: : : '~ ' '..;( ...... : ............. -o'"~ ........... g70.75....,1.~ u,: :::: : : ......... I .... :'~' ::::::'::::: :::::::::::::::::::::::::::::::: + ............................. ;:;;;; ::::::::::::::::::::::::::::::::::::: ................. o ................................... ,,' ........... O ........................................ .,4 ........... ::::::::::::::::::::::::::::::;:::::; ;~/ :: ::::::::::::::::::::::::::: . ,: :: :.:::J-FI ===================== ::::::::: ! ~ ~.: ~ ~ ~'.~ ::::-.::~¢~9.92.. + :::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~n ........................................................................ ======================================= ::2:::::;:::': .................. ~0' . o... ' .................................................. :.::::::::::::::::::::..:: ..................................... ::::::::::::::::::::::::::::::::::::::: o ....................................... :: :'t :E~C,.~: 16¥/2.:5d: ::: §~'~.§~:: ========================================= *... :::::::::::::::::::::::::::::::::::::::: ........................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::: .......................... ::::;!i'" ........................................ 9.70.?0 · ~ ' · ': :8VC~: ;16~t75: : .......... x ............................................. iiiiiiiiiiiiii :" :::::::::::::::::::::::::::::::::::::::::::::::::: ::I. ::::::::::1~:~ .... :::::::::::::::::::::::::::::::::::::::: ::: ::~: ~ :r~:~ .............. .. k- 9-71:29- 8 ........... -~ i8 .................. ::; ............................... : ::::~: ;~: :~:~ . ::::::::::::::::::::::::::::::::::::::: i::'!~i!,!!'i!!'! ![ i~.:::::::::::::::::: ~ iii;i~:''''''':''~u:-.,:~ :_:, '" ::rf" .................. · ......... ::::::::::::::c0.~ .... .............. :::::::::::::::::::::::: .... ========================================= - ::::::::::::::::::::::::::::::::::::::::::: ~ !iiiiii!i!!iii::ii!i!iiiiiiiiii!i .... ,.:: ........................................ oo ........... 9.~.~: :::::::::::.,/...: .... ::::::::::::::::::::::::::::::::: ~. .................................... : ¢ : :::::::::::::::::::::::::::::::::::::::::: 0::::::::'::''::. -.....-..,,......... .................. . .... / .............. : .... ~x.: ......... ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................ !i ............................ o-.: .... ::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: :: --~ ........................ ~E ................................ :CENTER :0~: PINTA[L; :I.;ANE: S~C::: ::::::::::::::::::::::::::::::mo::::::::::::::::::::::::::::::: :STA: lg ~'-~g.2'2 ::::::::::::::::::::::::::::::::::::: ....... : ............... g65.67 , :;:;:;;;:;:;;;;:; ;;;::;:;;; ;;;:;;;;:;;:;:::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: J . ~ · . : ,''''; .... : .... : .... : .... : .... : .... : .... : .... : .... : .... ; .... : .... : .... : , : ~ : ~ : ~ : .to : .'r.¢ : ~ : ~ : :~:) : : : : lo~ ' .~. - ~ . -0~ . "-4 · '",4· O~ ' ~ · .tO, .... I ' : : :0 : :L~ : l:~ : :L~ : :0 : :~ ; :0 : : : : . ~ :~ ~ · ~ ~ ' ~ ~ ~ : ~ ~ : : : : ...... ::: ..................... : .... ; ......... :.. : .~ ........... ' ........................................ ============================================== :::::::::::::::::::::::::::::::::::: :::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: ............... :::::::::::::::::::::::::::: :: .................... :::::::::: : : :::::::::::::::::::::::::::::::::::::: :::: ::~ .......................... :.::::::::::::::::: : : ............................... ......................... . ° ............ ' ........................................: ........ : :: '~ :::::::::::::::::::::::::::::::::::::::::: ............................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::: :::::::~ ~/ :::::;:::::::::;:::: :: ......... I ..... :::::::::::::::::::::::::::::::::::::::: ::::: .......... ::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::: :::::::: :: : :::::::::::::::::::::::::: .................... ~;::::;;": .............. ::::::::::::::::::::::::::::::::::::::::::: ...................................................... 0 C LANGDON BAY :::::::::::::::::::::::::::::::::::::::: :::;:::: ; ::::::::::::::::::::::::: ~:~ ........... ::::::: .......... · ~, ............................ .................................................... :; :; :: ~::;:: .................. .~ .......... ' ' " ,:7;; ............ ;;;:; ....... u·-j ............................. :::::::::::::::::::::::::::: :: :: ::::::::::::::::::::::::::::::::::::::::::::::::: ~.l~V'-g92D:4:::::::::: : : :: :: · :::::::::::::::::::::::::::::::::::::::::::::::''~ :::::::::::::::::::::::::::::::::::::::: ;::::::::4: ::: : : ::" · :: ::::::::::::::::::::::::::::::::::::::::: (. :..' ======================================= o ...................................... I ........ +: ............................................. /:' ===================== :: : :: : ::::::::':: ............. ,, .............. ::::::::::::::::::::::::::::::::::::::::: : :: : :::::::::::::::::::::::::::::::::::::::::: + ;;;;;;':; ............................... l ...................... 4- .............................................................................. : ..... :.:. ============================== ::::~::/: .::~ ........................................................ :::::::::::::::::::::::::::::: ;:: : :/::~ : :;::;::::::: ............................. ====================================================== :::::::~:"!-i~::~i!!!!!i! : : ::::: .................... ~:!! .................... ~' ' 'X ~'r- m'~'z ............. 983 42 '. .... !~:::: . > m ,9~..o7:., o ..................................... : ............... :::::::::::::::::::::::::::::::::.. .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................. ::::::::::::::::::::::::::: ::.: :.~:~:~.~..L.: .... : :::::: 9;e2 ~.2 :: ;:;;;;;;;;;:;;;;; t;;:; ...... ; .................... ~" · - '~'~ ...................... ::::::::::::::;::;:: : : :::~--;.%: : : : ::::::;::;::;:::::: ..................... 4- ................................. ~ :' ~f..o2~ ............................................................ ~ ............... ~ ........................................................ ~.~.. o .............. : : !~!~::::::::: :: : :::::::~:..:..: ............9~. .. : : '::: 1::: '\' · ~1¥¢$; ' ¢4~75 ............... ============================= ............................... i i i~ i i.. ~kvc~- ~ ~ : ! ~,:~ ~. : : :: 9~.-~ : ~ .~:aT~/'~U ~0 : ............ '~ ........ .'~ ............. [' ' '. I~ .......................... ' ..... ~ ........... ~;~!~.::...: :::::::::::::::::::::::::::::::::::::::::::::::: ..................... :::::::::::::::::::::: :::::: :::::::::::::::::::::::::::::::::::::::::::::::::: =========================================== :::::::::::::::::::::::::::::::::::::::::::::::::: ·: ........ : .................... ~g.:l~ .. ................................................ ::::::::::::::::::::::::::::::::::::: Z ================================================= .... ......................................................... ~.::::::: ::::::::::::::::::::::::::::: =================================================== ================================================== :::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: ........... ............. x ....................... 990-62~ · · Z~ .............. :::::::::::::::::::::::::::::::::: :::;:::::::~:: ::::::::::::::::::::::::::::: ......... / .... , ............. --.. m.: .......... :::::::::::::::::::::::::::::::::::::::: ~! ! ! ! !! !! ! !!~ ! !.*.' ~i~ ::!~:=: :: :~.!'~: :: /:. :::::: ::::::::::::::::::::::::::::: .... :.::: ::: ::::::::::::::::::::::::: ::: :::::: ::: ::::::::~:::: :~:::::::::::: ....................... ? ...... 9g0.2'3.: :~,i~iiiii::::::: 9~.~ :: 9a&B¥ :: g87.59 '" ::::::::::::::::::::::::::::::::::: ~'iii!;!iiii!iiiiiiiiii!iiiiiii~,~i:;;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::........................................... o; ............ "1~-1-50 ................................................... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: =============================================================================================== .~ .......................... e ............. : ........ :,..~ .... :.~.~..~..: ..... - ..... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... = .... : .... : .... : · . .,-4 · .-4 : ~ : ~ : ~'~ : :~ ' 'o : : ' : ' ' : : :0 : :r~ : t:~ : :C~ : ~ : ~'~ : :0 : : : : : : 0 c LANGDON BAY · · ~ - .-4 · ~ : :~ : :~ : :::::::::::::::::::::::::::::: !:ii! ........................................ :.::::: ;:::::::::;:::::::::;:::::::::;:::::::::;:::::::::;::::::::: ..;;:::: ......... o ................................................ ,-. . ,~. ........................ :~ ........ ======================================= STA4, Z~9006 ~: ~:~:~:::: E~CS;"2+'75 ................ :~'~ ..................................... ELE3/ 97 ~' ................. .¢' ....................................... "= :161;::::~.:::;;. ' ' ............. ' 'X; ......................................... .' ................ . ...... "~. EVCE e.7~.Oe ~ ~i~;; ::::::'::::: ..............g72:06.__ ~, ................. /. ....... · ......... : .... ' .......... / ,..m. ,.4 .......... : ..... :::::::::::::::; ..... .,---4 + ................ ,l ........ ~- ....................... / / ~ !..~!: .......................... ~ .1~, ....................................... ;.. o ................ ~. ...... ::::::::: : ::::::::::::::::::::: ........ : ............. ~,:,3:00..~....- :::;:::::: :::::: :%:: ~::~: ..... ,, .... o-~+ ..................................... ~ ..................... =========== ================================================================ ===================== .~.~.~%:.~.¢.,.;, ; ~.::::::: ....... :.: ..................... / +::.: ...... :::::::::::::::::::::::::::::::::::::::::::::::::::::: ................ For~ ................... '~.....~ .................. I ........ ~ '~'. · '-o ........... : ......... : ~. ,,~ '~ ~' .' .' ~: ~ ..... ................ i! :: ................ +~ :: ..: :.:::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: o ................... ====================================================================== : : ::: ~VC~$.~ :O¢-:Z~ :~. :,~ · ·:: ........... -". ........ ::.: .... ::;::: :::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ( T~; STARtJNG :CIRCL~ :~: PD~ITNI:; LANE; ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ================================================================================================= ....................................... o ............................................................ :::::::: ::::::::: :::: :: :: t:: :::::::7 ;::: ::: :::: ::::::. :: :::::: :r ::::: ::::: ;:: ::::::: :::::: ::: ::: ::::: :';;:;;;;;:;:: ;;;;;;."';;;;;:;;:';;;;;;;;:;;;;;; ';;.';;;;;;;":;;;;;;:;;.";;';;;;;-.";;;:;;;:;"";;;;;;;: ====================== ......... · · ·.. · . ......:..:..::E:::::~:~::~:~:~:::::~:::::~:~.~:~u.....~....:.~..:.:::..:::::.".~:.-~ ::::::::::::::::::::::::::::::::::::::::::::::::::::: ======================================== :::::::::::::::::::::::::::::::::::::::::::::::::::: :::::a:¥:::::::::::::::::::::::::::::::: - - :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ .¢..e0a~. ~ ." "~ :. :. !o~ ~ ............................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... : ..~;.: .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... : .... ::,..: I~ ' ~ ~ ' -'-4 ' ~ . '00 · ~ · '.¢ . 4O ...... I' ,.~.5. ,.:0~ ::::0 :: ..~ :: .~0 :: ~.Z..~ ::.~ :: .~:: :: :: :: :: :: LANGDON BAY I-q IANGDON BAY I o-<zo 0 ISEE SHEET D F >~ >-~ :7¸ LANGDON BAY JSEE SHEET goo~ i LANGDON BAY ISEE SHEET lJ ISEE SHEET 21 mo-~z '1 LANGDON BAY RESOLUTION #01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING FINAL PLAT AND DEVELOPMENT PLAN APPROVAL FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, FOR LANGDON WOODS RESIDENTIAL DEVELOPMENT LOCATED AT 5989 AND 5984 CHESTNUT ROAD, PID's # 14-117-24-43-0006, 14-117-24-43-0005 AND 14-117-24-43-0046 CASE #01-13 WHEREAS, the applicant, Brenshell Development, has submitted a Final Plat application for a single family Planned Development Area development called Langdon Woods in the manner required for platting of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota State Statue and all proceedings have been duly conducted thereunder; and, WHEREAS, the site contains approximately 3.27 acres of land. The development plan proposes 5 new single family lots in addition to the home on existing lots 25 and 26 of Koehler's 2na Addition. The proposed lots range in size from a 1/4 to 3/4 acre, resulting in an overall density of 1.5 units per acre; and, WHEREAS, the Mound City Code allows the establishment of Planned Development Areas "to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires a more unique and controlled platting technique to protect and promote the quality of life in the City"; and, WHEREAS, a number of natural and physical conditions on the property including wetlands, topographical elevation changes, woodland features, existing road right-of-way, and available roadway access; and, WHEREAS, the development is currently located in the R-lA Zoning District which a minimum of 6,000 sq. ft. lot area, a minimum lot width of 60 feet, a front yard setback of 20 feet, side yard setbacks of 10 feet, 15 feet rear yard setback, and a minimum building floor area requirement of 840 square feet, and WHEREAS, as proposed the property would be rezoned to R-1 PDA Zoning District with standards as proposed in the development plan; and, WHEREAS, an extension of Chestnut Road to a cul-de-sac is proposed with a 70 feet right-of-way diameter. A 30 feet right-of-way width is proposed at the west property line; and, WHEREAS, a private drive, identified as Outlot A, is proposed to provide access to homes -7042- located on lots 1-4 in Block 1. Private drives are regulated by conditional use permit called for by Mound City Code section 330:00. The Planned Development Area approach is regulated by approval ora conditional use permit. The private drive is steep, almost 19 percent grade, before it flattens out on the "hammerhead" at the top. City Code does not establish a maximum grade for private streets as it does with public streets. Generally, a 10 percent grade maximum is desirable, however, given the topography in Mound, this is not always feasible to maintain. The driveway is 22 feet in width and no sidewalks are proposed. The private driveway will reduce the overall hardcover for the project which will improve the quality of water runoff; and, WHEREAS, Outlot B would be used for storm water ponding and dedicated to the City upon final plat approval; and, WltEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated subject to the conditions imposed herein, and the proposed subdivision as conditioned is consistent with the Comprehensive Plan and the existing land use in the area; and, WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. WHEREAS, the City has considered traffic and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations; and, WHEREAS, the City Council has studied the practicability of the final plat and planned development area, taking into consideration the requirements of the City, giving particular attention to the arrangement and location of the street, their relation to topography, floodplain, wetlands, water supply, sewage disposal, drainage, lot size and arrangement, the present and future development of adjoining lands and the requirements of the Zoning Ordinance and other official controls. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Final Plat issuance subject to compliance with the following requirements and conditions: The Final Plat drawing labeled as Exhibit A is hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City Engineer. Prior to the City releasing the final plat, the Developer shall sign a development contract with the City. The development contract shall stipulate that construction of all public improvements covered by said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of 125% of estimated construction -7043- Bo costs as per plans approved by the City Engineer. 3. The City Attorney review the title work for the development. Park dedication fees be paid to the City upon final plat approval at a 10 percent contribution of land value determined by the Hennepin County Assessor's market value of the property minus the land value of Lot 1 Block 2. Final Development Plan approval subject to compliance with the following requirements and conditions: o o The location of all dwellings and accessory buildings shall meet the City's Zoning regulations or as specifically approved in the development plan. Lot area, width, and street frontage standards shall be as specified by final plat and development plan. Compliance with the Construction Documents as approved by the City Engineer. Compliance with the conditions and recommendations as contained in the Engineer's Memo dated May 3, 2001. A setback of 40 feet be required from the garage to the private driveway on lots 1-4 in Block 1. o o 9. 10. 11. 12. Homes on lots 2 and 3 in Block 1 maintain a 15 feet setback from the edge of the private driveway. The private driveway be designated as a fire lane on the plans and identified with "No parking" signs. Other recommendations per the City Engineer, Public Works Dept. and Fire Chief. Hardcover for each lot be not more than 30%. The stormwater drainage plan be reviewed and approved by the Minnehaha Creek Watershed District (MCWD). The Developer shall secure and provide the City with a copy of a stormwater permit from the Minnehaha Creek Watershed District prior to the City releasing the final plat. Provide homeowner's association documentation and access easements for the private driveway. -7044- 13. The developer shall be responsible for the installation of private utilities. The utilities shall not be installed until the boulevard or utility easements have been graded and the grade elevations are approved by the City Engineer. All utilities shall be located underground. 14. No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. 15. The Developer shall secure and provide copies to the City's Building Official of all reviews and required permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency, or any other applicable permits, prior to beginning construction. The Building Official will not authorize construction until permits are secured. 16. The City Attorney review the homeowner's association documents. 17. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Public Works Superintendent, and Building Official. 18. The MPCA's Best Management Practices shall be applied to the development and subsequent management of the property. 19. Developer will reimburse the City for legal, engineering and planning costs incurred for review and approval of this plat. C. Approves the following variances subject to approval of the Final Plat: 1. Recognize the setbacks of the existing buildings on lots 25 and 26 as follows: Existing Required Variance Shed sideyard 1 feet - 4 feet 3 feet Shed frontyard - allow location within Shed sideyard 3 feet 4 feet 1 feet Shed frontyard - allow location within Garage sideyard 3 feet 4 feet 1 feet D. Approves a Conditional Use Permit conditioned on approval of a Final Plat. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without -7045- further formality, all in compliance with Minnesota Statute Chapter 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember by Councilmember and seconded The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Pat Meisel, Mayor Attest: City Clerk -7046- Memorandum Hoisington Koegler Group Inc. mll TO: City of Mound Staff, Planning Commission and Council FROM: Loren Gordon, AICP DATE: May 4, 2001 SUBJECT: Final Plat and Development Plans - "Langdon Woods" - Brenshell Homes APPLICANT: Brenshell Homes LOCATION: End of Chestnut ZONING: Residential R- 1A COMPREHENSIVE PLAN: Low Density Residential The Final Plat for Langdon Woods is in order for City Council approval. The only change from the preliminary to final plat is the inclusion of the stormwater pond as an Outlot that would be dedicated to the City. Previously easements were requested and an Outlot will allow the City more control over the facility. RECOMMENDATION: Staff recommends Council approval of the Langdon Woods Final and Development Plan as per the attached Resolution. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -7047- May 4, 2001 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound Langdon Woods - Final Plat MFRA #12911 Dear Mayor and Councilmembers: Enclosed is the Engineer's memo for the final plat of Langdon Woods. This memo should become a part of the final plat approval. If you have any questions or need additional information, please contact us. Sincerely, MFRA John Cameron, City Engineer JR:pry Enclosure cc: Tom Stokes, Brenshell Homes Loren Gordon, Hoisington Koegler Group, Inc. s:\main:\Mou12911 :\Correspondence~mayor54 -7048- CITY OF MOUND, MINNESOTA ENGINEER'S MEMO TO THE MOUND CITY COUNCIL DATE: CASE NO: PETITIONER: FINAL PLAT: LOCATION: May 3, 2001 01-13 Brenshell Development Corporation Langdon Woods End of Chestnut Road ASSESSMENT RECORDS: N/A Yes No [] x 2. Vq lEI x 3. E] x E] 4. ~] X I--] Watermain area assessments have been levied based on proposed use. Sanitary sewer area assessments have been levied based on proposed use. SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. Area assessments. Sanitary sewer area assessment based on 3 unpaid units ~ $1,000 per unit = $3,000. Watermain area assessment based on 4 unpaid units ~ $1,500 per unit = $6,000. Total due $9,000. X Other additional assessments estimated: LEGAL / EASEMENTS / PERMITS: 6. [-] X [-'-] 7. [--] x Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and five feet (5') in width adjoining side and rear lot lines. All standard utility easements required for construction are provided - The City will require twenty feet (20') utility and drainage easements for proposed utilities along the lot lines were these -7049- N/A Yes No utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property below the established 100- year high water elevation and conformance with the City's comprehensive stormwater drainage plan. 10. 11. El I-1 x E 1-1 x All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of- way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the Owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subiect property is abstract property, then this requirement does not apply. It will be necessary for the property Owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. All necessary permits for this project have been obtained - The following permits must be obtained by the Developer: [--] DNR ~] Hennepin County N/A x MPCA []]]] State Health Department Received x Minnehaha Creek Watershed District [-] U.S. Army Corps of Engineers [-] Other The Developer must comply with all conditions contained within any permit. -7050- N/A Yes TRANSPORTATION: No 12. [5 x [-5 Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary: 13. X [--1 [~] 14. X [--1 [~ Conforms with the City's Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. Acceleration/deceleration lanes provided - Acceleration/deceleration and mm lanes are required at the intersection of and All existing street rights-of-way are required width - Additional right-of-way will be required on UTILITIES: 16. [--] X ['--1 17. E] ~] x Conforms with City standards requiring the Developer to construct utilities necessary to serve this plat - In accordance with City standards, the Developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer, and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. Final utility plans submitted comply with all City requirements - See Special Condition #24. The Developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). -7051 - N/A Yes No x [2] 73 19. [-] X [--I Per the Developer's request, final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvement Program, a petition must be submitted to the City. The cutoff date for petitions is October 1st of the year preceding construction, if the Developer is paying 100% of the cost. The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 20. [] x The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 21. Z] x It will be necessary to contact Greg Skinner, the City's Public Works Superintendent, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The Developer shall also be responsible for contacting' the Public Works Department for an excavating permit prior to any digging within the City right-of-way. GRADING. DRAINAGE AND EROSION CONTROL: 22. [--1 [--] x Have minimum basement elevations has been established. Minimum basement elevations must be established for the following lots: Lot 2, Block 2 - minimum basement elevation is 942.00. 23. ['-] Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The Grading and Drainage Plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Any conditions imposed by MCWD permit. A -7052- N/A Yes No SPECIAL CONDITIONS REQUIRED: 24. Catch basin and manhole castings must meet City standards. a. Change catch basin casting to Neenah #R-3067. b. Change manhole casting to Neenah #R-1733. 25. Revise crown on public street section to 3%. 26. Owner's Engineer shall provide construction observation sufficient to certify compliance with plans and specifications. 27. No construction work shall be done between 7:00 P.M. and 7:00 A.M. nor on Sundays or legal holidays, without the approval of the City of Mound. 28. The Developer shall be responsible for the installation of private utilities, such as telephone, electric and natural gas services. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 29. No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. 30. Prior to acceptance of the completed subdivision by the City Council, it will be necessary to furnish an Engineer's Certification of Completion. Upon receipt of ~aid certification and recommendation by the City Engineer that the completed work will be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. 31. The Developer shall provide an escrow guarantee (surety bond, cash, certificate of deposit, or irrevocable letter of credit) in the amount of 125% of the estimated cost of street and utility improvements. -7053- N/A Yes No 32. The Developer shall enter into a development contract with the City of Mound. Submitted by: John Cameron, City Engineer s:\main:\Mou 12911 :\Correspondence\engineersmemo5 -3 -7054- , L:!: Application for P~tJD APR 1 3 2001 MAJOR SUBDIVISION APR I 1" ~.001 City of Mound 5341 Maywood Road, Mound, MN 55364 CiTY OF MOUND Phone: 472-0607, Fax: 472~620 PLANNING COMM. DATE CASE NO. CITY COUNCIL DATE: DISTRIBUTION DA TE TYPE OF APPLICATION FEE CITY PLANNER ~ / ' SKETCH PLAN REVIEW $350 + $15 per lot PUBLIC WORKS /'~-'~)- O I X FINAL PLAT ~7 X ~ ~ ~)~'O $350 · $15 per Io, PARKS DNR CONDITIONAL USE PERMIT: PDA $ 350 FIRE DEPARTMENT ESCROW DEPOSIT $ 5,000 ASSESSING VARIANCE $ 200 Please type or print the following Information: INFORMATION Address EXISTING DESCRIPTION Lot Block Plat # Subdivision K/0~/I~ ~,~/'~ ~~ PID~ ZONING DISTRICT Circle: R-lA R-2 R-3 B-1 B-2 B-3 APPLICANT The appli~nt is: ~owner o~er: Name ~J~ Address Phc Name ~~ OWNER (if other than Address applicant) Name ~ ~~~ Phone. _ (H) DI~-~ ~ ~0 (W) (M) Revised 2/01) Major Subdivision Application -7055- Description of Proposed Use: EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. ! If applicable, a development schedule shall be attached to this application providing reasonable ggarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ RESIDENTIAL DEVELOPMENTS: Number of Structures: Lot Area Per Dwelling Unit: Number of Dwelling Units/Structure: Total Lot Area: ,~' ~--"~ Has an ap.plic, ation ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property?/~es, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutionS. This application must be signed by all owners of the subject property, or an explanation given why this is not the case, Print Applicant's Name Print Owner's Name Print Owner's Name (Revised 2/01) Major Subdivision Application Page 2 Applicant's Signature (:;~ner's Signature Ow~ture_ ~~.~ Date Date Date -7056- CITY OF MOUND RESOLUTION #00-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MO~ GRANTING PRELIMINARY PLAT AND DEVELOPMENT PLAN APPROVAL FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, LOT AND STREET DESIGN VARIANCES, FOR LANGDON WOODS RESIDE~ DEVELOPMENT LOCATED AT 5989 AND 5964 CH-ESTNUT ROAD, PID's # 14-11'7-24-43-0006, 14-117-24-43-0005 AND 14.117-24.43-0046 P&Z CASE #00-35 AND 00'68 WI:IEREAS, the applicant, Brenshell Development, has submitted a Preliminary Plat application for a single family Planned Development Area development called Langdon Woods Addition, in th~ '~i:i~eq~iired for piatting'0f land under the Ci~0f Mound ordifi~6e :C6de, Section 330:00 and under Chapter 462 of the Minnesota State Statue and all proceedings have been duly conducted thereunder; and, WHEREAS, The site contains approximately 3.37 acres of land. The development plan proposes 5 new single family lots in addition to the existing home on lots 25 and 26 which is shown within the plat. The proposed lots range in size from a ~A to SA acre, resulting in an overall density of 1.5 units per acre; and, wmr~REAS, the Mound City Code allows the establishment of Planned Development Areas "to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires a more unique and controlled platting technique to protect and promote the quality of life in the City"; and, WHEREAS, a number of natural and physical conditions on the property including wetlands, topographical elevation changes, Woodland features, existing road right-of-way, and available roadway access; and, Wlt-EREAS, the development,is currently located in the R-lA Zoning District which a minimum of 6,000 sq. t~. lot area, a minimum lot width of 60 feet, a front yard setback of 20 feet, side yard setbacks of 10 feet, 15 feet rear yard setback, and a minimum building floor area requirement of 840 square feet, and WHEREAS, as proposed the property would be rezoned to R- 1 PDA Zoning District with standards as proposed in the development plan; and, WHEREAS, an extension of Chestnut Road to a cul-de-sac is proposed with a 70 feet right-of-way diameter. A 30 feet right-of-way width is proposed at the west property line.; and, -7057- , RESOLU~ON NO. 00-123 WItEREAS, a private drive is proposed to provide access to homes located on lots 1-4 in Block 1. Private drives are regulated by conditional use permit called for by Mound City Code section 330:00. The Planned Development Area approach is regulated by approval of a conditional use permit. The private drive is steep, almost 19 percent grade, before it flattens out on the "hammerhead" at the top. City Code does not establish a maximum grade for private streets as it does with public streets. Generally, a 10 percent grade maximum is desirable, however, given the topography in Mound, this is not always feasible to maintain. The driveway is 22 feet in width and no sidewalks are proposed. The private driveway will reduce the overall hardcover for the project which will improve the quality of water runo~ and, Wlt-EREAS, the physical characteristics of the site are suitable for the type and density of development contemplated subject to the conditions imposed herein, and the proposed subdivision as conditioned is consistent with the Comprehensive Plan and the existing land use in the area; and, W~REAs, S~d plat is inall respects ConSistent with the City Pl~ and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. WItEREAS, the City has cohsidered traffic and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations; and, WltEREAS, the Planning C6mmission and City Council have studied the practicability of the preliminary plat planned development area, and the variances, taking into consideration the requirements of the City, giving particular attention to the arrangement and location of the street, their relation to topography, floodplain, wetlands, water supply, sewage disposal, drainage, lot size and arrangement, the present and future development of adjoining lands and the requirements of the Zoning Ordinance and other official controls; and, WItEREAS, at the Planning Commission has recommended Council approval of the preliminary plat and development plan. NOW TItEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Preliminary Plat issuance subject to 'compliance with the following requirements and conditions: The revised preliminary plat drawing labeled as Exhibit A is hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City Engineer. The location of all dwellings shall be only as provided on the City's Zoning regulations, or as modified by official action of the City Council; and any inconsistent dwelling, location in the final plat shall be ignored. 2. Prior to the City releasing the final plat, the Developer shall sign a development contract with the City. The development contract shall stipulate that construction of all public -7058- RESOLUTION NO. 00-I 2:3 improvements covered by said contract shall be completed within 280 days of the City releasing the final plat. As pan of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of 125% of estimated construction costs as per plans approved by the City Engineer. The existing house on lots 25 and 26 be legally described with a lot and block consistent with the subdivision platting. 4. A 40 feet right-of-way and an 80 feet cul-de-sac right-of-way be dedicated. 5. The City Attomey review the title work for the development. Park dedication fees be Paid to the City upon final plat approval at a 10 percent C0ntributi0n'0fi~d ~alue determed by th~ He~epin county As~ssOF S mark~'valu~ of the property minus lots 25 and 26. Preliminary Development Plan approval subject to compliance with the following requirements and conditions: A setback of 40 feet be required from the garage to the private driveway on lots 1-4 in Block 1. Homes on lots 2 and 3 maintain a 15 feet setback from the edge of the private driveway. The private driveway be designated as a fire lane on the plans and identified with''No parking" signs. 4. Install a concrete curb on the private driveway. 5. Provide an easement for City maintenance of the storm water pond. 6. Other recommendations per the City Engineer, Public Works Dept. and Fire Chief. Hardcover for each lot be not more than 30%. The stormwater drainage plan be reviewed and approved by the Minnehaha Creek Watershed District 0VlCWD). 10. The Developer shall secure and provide the City with a copy ofa stormwater pennit from the Minnehaha Creek Watershed District prior to the City releasing the final plat. Provide homeowner's association documentation and access easements for the private driveway. : -7059- RESOLUTION NO. 00-123 11. 12. 13. The developer shall be responsible for the installation of private utilities. The utilities shall not be installed until the boulevard or utility easements have been graded and the grade elevations are approved by the City Engineer. All utilities shall be located underground. '~ No building permits shall be issued until a contract has been awarded for utility and street cOnstruction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. The Developer shall secure and provide copies to the City's Building Official of all reviews and required permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency, or any other applicable permits, prior to beginning construction. The Building Official will not authorize construction until 14. 15. 16. 17. 18. 19. The developer shall comply with the Wetland Conservation Act (WCA) and other regulatory agency requirements including the Army Corps of Engineers and Department of Natural Resources. A Homeowner's AssoCiation shall be established for all lots within the subdivision and provided prior to the Final Plat Approval. All of these documents shall be reviewed and approved by the ,City Attorney. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Public Works Superintendent, and Building Official. The MPCA's Best Management Practices shall be applied to the development and subsequent management of the property. Developer will reimburse the City for legal, engineering and planning costs incurred for review and approval of thiS Plat. Conditions and recommendations as contained in the City Engineer's report dated November 13, 2000; eXCept recommendation # 5. SEE "EXHIBIT A". Co Approves the following variances subject to approval of the Final Plat: 1. Recognize the setbacks of the existing buildings on lots 25 and 26 as follows: -7060- RESOLLrrION NO. 00-123 Existing Required Variance Shed sideyard ' 1 feet 4 feet 3 feet Shed frontyard - alloTM location within Shed sideyard 3 feet 4 feet 1 feet Shed frontyard - allow location within Garage sideyard 3 feet 4 feet 1 feet Street and cul-de-sac right-of-way width variances of 10 feet. Improved public street frontage for lots 3 and 4, Block 1. BE~ FIJR~R ~SOLVED that such exeCutiOn 6fthe c~rtificate UPon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statute Chapter 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember Brown, seconded by Councilmember Weycker. The following Councilmembers voted in the affirmative: Brown, Weycker, Meisel, Ahrens, I-Ianus. The following Councilmembers voted in the negative: None. Adopted by the City Council this 19t~ day of December, 2000. Pat Meisel, Mayor Attest: City Clerk -7061 - RESOLUTION NO. 007123 "EXHIBIT A" MEMORANDUM DATE: Novembe:-. 13, 2000 ....... : TO: ton Snr. b. ertan& Planning and. Zoning .Tohn C~,'qerom Ci~ Engineer S L'BJ~ CT: City of Mound Brensbell Development Preliminary ?taz - Chesmut Addition C~e ,~00-~ ~ #129I 1 have ~e following ¢ornrnenm and r~.omme=datiOnX. C OlvS'v~=NTS PRELIB, gN)dtY PLAT 1. I~ ~pear~ that additional title work wilt need to be done on the property under consideration for platting. According to City mord~, the City ofMound ov,-m the north 30 feet of Lot~ 27 and 28, KoeMer's 2nd Addition to Mound, which is shown aa part of Lo~ 1, Block 2. 2. Tn.is also brings ~ the question of ~eet rip, at-of-way along the north end of Lorn 25 and 26. The prelimimry plat include~ mi~ pamel in the overall boundary, bm it does not have a lot m~mber shown. This property with the existing home located on it should be included in the plat, allowing for the necessary merit right-of-way to be dedicated as part of the &nM plat. 3. The proposed right-o f-way for the extension of Chesmut Road i~ shown a~ 30 feet wide, whereas City code requires 50 feet. We would raggcst thaz-i0 feet would be -7062- Mr. Yon S:th~land Nov~mb~ 13, 2000 Page 2 m~ci~:~, which r:quires a 10 foot vmauce from the code requirements. The of the ROW for the cul-de-sac is shown as .lO feet which does not meet thc mlnirnum r~~t of 50 feet. As with the ~eet width, variauc~ have been gr'ant~ ha the past for cul-de-sacs with ~ foot radius'; however this smaller area would par~r,g at ail ~im~ on the City GI~M)ING _~'VI) DI~.klNAGE 1. The proposed grade of 18 pm'=,-nt shown for the private street to access Lots I throuah ~ i~ steeper', then normally allowed by most m,ra~cipalkies. :',,[ound's City. Code'does not address maximum grades for a private ~-treet; however, k docs rcsu4c'. new Cir/su'~',s to au ~ per=em slope. Many older Ciw. sunera exceed this ~ pement ma.~rnum with a few even greater than I8 percen~ az ~quested in .:his case. 'Uae of ;,ce ~u .'.he wmmr. The plan c~is for acc=s :o Lous I and 3 ~rom ~e :ee secnon at the ;op ofhiI1 which should be a condition of approval. for their review and approval. A.~ .~reviousty mentioned, the proposed 70 foot ddameter improved portion of the cud de-~ac will ~quir¢ a variauc~ which have b~n gr~.-~- ~ the pas~ for similar The site oIan shows an exze~ion of the e.-dsfing c'~-b lines a~ 2.3 :~e: wide. back of curb to b'ack of curb. The exising width of Caesmu~ is 25 feeq thu.~ the new pordoa taus; match this width. The access for Lotz 1 throu~ ~ is proposed as a private strut for which Ctw. code r~quh'~ a Conditional Use Permit (Section 3~0:95, Subdivision 11). Concrete curb and ~um- wtI1 also be a requir¢mcnt. It appcm's the width iz proposed az 1~ f~t on the north/south s~tion and 20 feet on the east/west pordou. We would r¢coramend that the north~south section be 22 f~t wide, back to back md the east/west portion ZZ f~t wide, back to back. The private street should be posted az a ~e lane, with no parking any~me. Az you m'¢ awm'¢, it was the conzcnmm at our ~mtY r~view that off street ~est parking accommodating up to eight vehicles should be provided along the north side o f the private strut, centered on the lot line berween Lots 1 and 4. -7063- .Mr. Jon Sathertaud November 13, 2000 Utiliw easements w/ii ned to be provided for the sanitary sewer and water-main located in the private strut. These e~emenm must be of sufficient width to include the water service curb boxes located a minimum of 5 feet behind the curb. We would suggesz locating the north/south section of waterm~in closer to the center of the private street. The wat=xmain extemSon to the east plat boundary, is shown as an ei~ht inch main which can be reduc~ to six inch_ 1. Utiliry Assessmenra Sarfimry Sewer - The or'i~mal_ planed Lots _?, ~" , '~, -and 2S have .oaid the assessments levied when sanitm-q/sewer was installed in the 1960' s. r_or 23 was nor assessed and has not paid any or,her £e~.s for sanitary, sewer. Chy. 's has used $1,000 per building u.rfit in the past as an area charge, wkich on this particular development would resuh in a total sanhary sewer charge of 2.3,000. Watermain - Lot 24 is be only ori=o-i_'nal lot ,.hat has paid :'or water sero'ice. Tee City's area charge for watermain is $1,500 per building unh, which totals $6,000 for the remain/rig four building sites in the proposed, develooment. RE C OtVD,,FEND A~ONS 1. Include the existing home as a lot in the preliminary plat. Right-of-way for the public street shall be 40 feet with 80 diameter dedicated for the cul-de-sac. The improved mrface of the cul-de-sac shall be a m~nimum 70 feet diameter with no parking allowed and the remainder shall be 28 feet wide te match the exSsring portion of Chestnut Road. The private street to have concrete curb and gutter, 22 feet wide, back to back on the north/south section and 24 feet wide back to back on the east/west section. 4. ACcezs to Lots 1 through 4, Block I fi.om the east/west section of the private street. 5. Provide minimum of ei~t off street parking ~aces. 6. Payment ofwatermain area charge of $6,000 and sanitary, sewer area charge of S3,000. ~:xmam:~mo u 1:291 l'amtr~mdm~c~uth~rt:md I 1 - I 0 -7064- MINUTES OF THE DECEMBER 19, 2000 CITY COUNCIL MEETING DEVELOPMENT, Steve Behnke, Fine Line Design Group. This is a property that exists at the end of an unfinished street labeled Chestnut Koad. Currently the road ends at this location. Mr. Wilcox owns these four parcels for his residence. He also owns a parcel that exists in this area here, Lot 24. Brenshell Development has purchased these lots from the Moby's. All three parcelS are being combined in this application. They currently are zoned K-lA. We are requesting as part of the PUD process to down-zone K-1. None of the lots are less than the 10i000 square foot minimum and other than some internal, private yard setbacks, all setbacks comply with R-1 setbacks. A number of recommendations were handled at the Planning Commission. There were some observations that the original platting did not show the_existing residence as part of the plat. This has been incorporated. Some recommendations in terms of right-of-way size and etd-de-sac size have now been incorporated. One change that was discussed at the Planuing Commission Meeting was taking three lots and making five lots. The project is similar to the Seton Bluff project. It was decided to incorporate a private drive because of typo and vegetation considerations. BecaUSe of the private drive, two of the lots are smaller..They do still meet R-1 standards. One of the recommendations that staffmade was to add parking for the houses offthe top of the lots. Chestnut Road extended into a etd-de,sac n front of the Wilcox home. One lot access south off of the cul-de-sac and a private drive that accesses to the north to a "T" that subsequently accesses to the homes in the south. The grade up this private drive is steep. It does approach 19%. Staffhad originally recommended the'need for additional guest parking. There is definitely adequate space in front of the garages in all cases here to handle the mount of extra Parking that staff requested which is two extra spaces for house. There will be room for eight extra sparking spots on the individual lots. -7065- It becomes the individual homeowners responsibilities-to: take care of their .own. guest ...... parking and to take care of their own maintenance of the driveways. Staff recommended that the setbacks fi-om the fi-ont of the houses, the front being the garage doors, to the private drive be a minimum of 40 feet. The concept being that you need 20 feet per parking stalls. The two lots that are being restricted by.the setbacks are actually the smaller of the two. However, we did feel that negotiating to a 15 feet setback was acceptable. Also accepting the private drive in this case does need to be labeled as a fire-lane and is 22 feet wide. This is not designed to be used for parking. We will be in.qtalling concrete curb for the private drives to meet city standards. Thereis a request from stafffor an easement for city maintenance of the storm water pond, which exists, in the southeast quadrant of the cul- de-sac. The entire pond will be surrounded by a drainage utility, easement to benefit the City of Mound. There was also a request by staff that the hydrant that is located at the end of the private ~Ve~Be:~blet-6 tfieetTared~p:~ent: s~d/~d-g.=:we=~awe ~eeep~e~d fliaf~as.: ~ll:'~:Th~ bottom of the first page of the resolution, (packet page ~4771) has an error. In that the "whereas" describes an extension of Chestnut Road with a proposed 70 feet fight-of-way diameter. Next sentence a 30 feet right-of-way is-proposed atthe west. property-t/ne: This should actually be 40 feet fight-of-way is proposed at the west property line. Also Packet page 4773 Item #7, shows a hardeover for each lot be not more than 30%. In a normal subdivision this would be handled on the road. I am ~g for council consideration of either allowing the upgrade slightly of the hardcover, specifically for Lot 2 and Lot 3. Lot 3 as drawn is 29.7% and that is not~:taking into consideration any decks or sidewalks. We propose a 30% average for four lots or someway for allowing those two lots specificallya little more coverage or a credit for the extra parking. Council Member Hanus suggested averaging the hardcover for all lots. Building Official Sutherland, believes the Shoreland Management Ordinance with the tiering effect would allow 30% on the whole involvement and it would need to be covered under some consideration or restriction on the Lots. Mr. Behnke requested approximately 35% hardcover and continued that he has read through the balance of the Resolution and concurs with all the findings. Council Member Ahrens questioned Packet page 4771 on the bottom of the page is it 70 and 30 or 80 and 407 'Council Member Hanus followed with that it was proposed by the applicant at 70 feet and staff`indicated 80 feet. John Cameron cleared up the situation explaining this is how it was submitted. It was submitted with a 30 feet fight-of-way extension and a 70 feet diameter cul-de-sac. The -7066- code requirements for Mound are for a 50 feet fight-of-way and a 100 feet diameter fight- of-way. Mound standards in. the past have been for the improved section of the cul-de-sac to be 80 feet diameter and there have been a nnmber of variances granted, The right-of-way was reduced from 50 feet to 40 feet which is what staffis suggesting with an additional 5 feet on each side of the existing fight-of-way that is to the west. The right-of-way for the cul-de-sac is reduced to 80 feet diameter with a 70 feet diameter improved street limit. There would be a 35 feet turning radius that would be improved and a 40 feet radius on the cul-de-sac. It is not called out in the Resolution itself. It is in Staff's report that is in the packet page 4798 item//3 in the preliminary plat. Mr. Cameron then explained the grade situation. The prime street that is proposed is approaching 19%; however the cul,de-sac will have a flat landing area. The City's code for : pubtic, str~ i~- .dard~/n~rar~st~e~,~Otl~er ....... ...~ ..... communities limits private drives to 12% to 15%. At this time3 the watermm-ends at the endof the improved street; Applicant-is proposing a watermain extension and a hydrant, Applicant was also requested to extend the watermain to the east 1/ne of their plat so that in the future the City could extend this watermain to Langdon Lane and connect to that main~ Also one of the requirements ,.was. for the developer to finnish fire flows to meet the requirements of the Mound Fire Department. Also this property has unpaid utility assessments because there was no sewer and water extended to this site. Staff' s report on page 4800 explains the dollar amounts. The City would require this to be paid as part of this platting procedure. Council Member Weycker asked Mr. Cameron to explain the easement for the Storm Water Pond. Mr. Cameron.explained the Storm Water Pond'proposed in this area would gather the storm water in the cul-de-sac, go into the storm water pond, then an outlet into the wetland. The City owns this parcel. It was discussed with Greg Skinner he would prefer that the City maintain the Storm Water pond. The advantage is that the City does not have to rely on a homeowners association to maintain it. The Storm Water Utility Fund would pay for this maintenance. These types of ponds do not have to be cleaned for 15-20 years. At this time Mayor Meisel open the meeting to the public hearing. -7067- Mr. Stokes, President of Brenshell Development. Reiterated what was previously discussed. Also the shed on the Wilcox property will be removed and some evergreen trees will be planted. David Wilcox owns the majority of the property and is supportive of this project. MOTION by Brown to approve the Resolution. Adding and recognizing on page 4787 the recommendation of John Cameron concerning the watermain and sewer charges. Cul-de- sac radius to be '80/40 asPer Resolution ~on page 4773. Also a condition :to realign the property line adjusmaent be made. COuncil Member Weycker Seconded and added a correction under "A" number three and sewn '~'th~-~eV~"TI~~t~~tffl~y~~d~215~l'e~~-eiSb~d ~th alot ad block consistent with the subdivision platting. And the removal of the shed that was an existing three feet. Seconded accepted by Brown. RESOLUTION #00-123 A RESOLUTION GRANTING PRELIMINARY PLAT AND DEVELOPMENT PLAN APPROVAL FOR A PLANNED DEVELOPMENT AREA BY CONDITONAL USE PERMIT~ LOT AND STREET DESIGN V.MIlANCES FOR C-.[tE-S-T-Nt.4-T-~t~T-ION-~i;~.': i'"~?~ RESIDENTAL DEVELOPMENT LOCATED AT 5989 'AND 5964 CHESTNUT ROAD. P & Z CASE # 00-68 & CASE # 00-35 MOTION carries unanimously. CAS;E #00-35 PRELIMINARY PLAT, 5989 AND 5964 CHESTNUT ROAD, BREN$ttELI., DEVELOPMENT. Mayor Meisel opened the public hearing. Council Member Brown rescinds the motion until the public hearings are complete. MOTION by Ahrens, seconded by Brown to rescind the motion until the second public hearings. -7068- MOTION carried unanimously. Mayor Meisel opened .the second public hearing which address the preliminary plat. MOTION by Brown~ seconded by Weycker to make the same Motion as made before with the conditions Council Member Weycker added. RESOLUTION # 00-123 A RESOLUTION GRANTING PRELIMINARY PLAT AND DEVELOPMENT PLAN APPROVAL. FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL.US PERMIT, LOT AND STREET :DESIGN DEVELOPMENT. CASE # 00-68 & CASE# 00-35 MOTION carried unanimously. -7069- 3O q I I I I I '14. I I ~__L~__ o-r z> . I13 z© Z 'i C Z ~D ~$ 0 o Z 0© :1 \ \ \ \ I /I / LAKE STREET / ] I L Z Z z 1 I'll I Excerpts from MOUND ADVISORY PLANNING COMMISSION MONDAY APRIL 9, 2001 VARIANCE MINOR SUBDIVISION JOHN SHAUGHNESSY 6024 CHERRYWOOD Commissioner Mueller offered to step down for the consideration of these cases because he was involved with the sale of the property last year and his name is on a letter that was submitted to the city included in the packet. Weiland didn't see any reason why he should step down. Glister concurred. Chairman Michael informally polled the commission and saw no ethics problem as the consensus of the commission. Planner Gordon introduced the cases. The property is two lots previously combined, zoned R1 and is a through lot. The house sits on the east parcel. Property owners are asking to divide the parcel down the center, both halves being 50 feet in width. The owners would build a new house on the westerly parcel. The lots are shown at 8,615 SF for the existing residence and 8,809 SF. Both are short square footage to meet minimum requirements. Lot width is also short. Sixty feet is required; 50 feet is proposed. There are other things that happened with the subdivision. The existing garage is only 15 feet off Hawthorne. It is a difficult parcel to look at and give a recommendation because it is not close enough to the zoning requirements to be comfortable. This request was at the action of the owner and not a pre-existing condition. Staff recommends denial. Engineer Cameron has conditions in his memo if an approval is granted MOTION by Commissioner Voss, seconded by Commissioner Glister, to deny the request. Mueller said that they were both separate lots and have paid sewer and water. In 1978, approval was given to build as separate lots. If we look at the boulevards as part of lot area it fits into the 10,000 SF, or very close. We could look at the entire green space, including the boulevard. John Shaughnessy, owner 6024 Cherrywood Road said he bought the property as 2 separate lots with the intent of building on the other lot. In 1992, he was going to build a garage on other lot and was told he couldn't because it wasn't his primary property. He also couldn't store his boat on that parcel. The property got combined at some point and he is not sure how it happened. The county was willing to split it back to 2 parcel identification numbers. He purchased 2 lots when I moved into this town and now there being taken away. There are people interested in the property and he is willing to cooperate to do whatever is needed. There are a number of very -7082- Planning Commission Minutes April 9, 2001 small houses on Hawthorne and somebody needs to start the improvements to get the neighborhood to clean up. Chairman Michael wanted to know how 2 parcels could be combined without the property owners knowledge. Gordon thought the owner would have to initiate something. He asked the property owner if the lots were combined so he could build the garage and store the boat. John Shaughnessy indicated that he didn't pursue any issues. He couldn't afford to build a house on the second lot. Sutherland said that the city uses various tools over a long period of time to help enforce conformance to the ordinance. For example, if street or utility projects went down the street they look at the properties and combine some to gain control of parcels and conformance to zoning requirements at that time. Owners generally ask for combinations like this. He could have gotten bad information from someone and thought that splitting later would be possible. The problem is that regulations get more restrictive over time, as a general rule. Unfortunately, sometimes you do lose rights later. Mueller asked if separate sewer and water assessments were paid on the parcels. Also, in 1978 another building permit was given on this property. Mr. Shaughnessy said it was his personal opinion that the city would have more control if there was a house on the property rather than trying to deal with a vacant lot. He restated that he didn't sign anything with the city to combine the lots and he wouldn't sign away his buildable lot to store a boat on the property. It makes no sense. Hasse believes that as long as the city shows that there is 2 lots he sees no reason why we need to split something that is already split. Gordon objected that this is one property with one pid. Building Official SUtherland referred to his letter to the county on page 62. He stated that Mueller was assisting with the separation of the parcel and the county asked for our approval. He denied the request because the parcels didn't meet requirements for the zoning area. Over time many things change and city has a right to say "no, you can't develop that parcel because it doesn't meet requirements". We established another section of code to speed up the process. That's the process that was used but the parcel didn't meet zoning criteria. Burma asked if separate parcels would be assessed differently than a combined parcel if a street project came through. Sutherland indicated it would be. Burma asked if it would be required to combine 2 parcels before building a garage on the vacant one. Sutherland said an accessory building cannot be built before the primary residence or on a parcel without a primary residence. Mr. Shaughnessy restated that Hennepin County split the parcel into 2 parcel identification numbers in October, 2000. Sutherland reminded him that the city objected and the county rescinded the action. Burma feels that, if there was no authorization to do it in the first place, someone should back it out and allow it to be split. Mueller said that last year we allowed a 50 foot width lot to be built upon in the same area. Michael told Mr. Shaughnessy that it would serve his interests to have it reconsidered at a later time and go to the county and find out where the combination occurred. Mueller thought that, since it was the city that refused to allow the split, the city should rectify it. Clapsaddle felt it doesn't matter whether they split it or not, it still doesn't meet code. -7083- Planning Commission Minutes April 9, 2001 Burma thought that it falls at the feet of the city to prove that the owner requested the lot combination. Jim Clark of 1665 Bluebird Lane asked if, in 1992, the city changed code to the 10,000 SF minimum in RI. Gordon said no, that R1 district was split into R1 and R1A Tom Gang, 1001 Wildhurst Trail, felt it was ridiculous to ask Mr. Shaughnessy to hire an attomey when he's just spent $25,000. Referring to combining property as a city tool to maintain order was taking without compensation. Councilmember Anderson wanted to know if it was reasonable to ask staff to find proof. Sutherland said he needed direction from the city attorney before staff can pursue it. Clapsaddle thought we should table this and check it out so the property owner doesn't have to go through another process. Gordon thought that if someone were to come in and buy three parcels and combine them into 1 there would be no process. He doubted that we would find anything and thought that we would find a request by the property owner. We aren't going to find a letter saying "I didn't request this". He wants to be realistic. Sutherland said that if the Planning Commission was interested in providing the applicant time so he can investigate at the county, staff could research the issue again and come back with a recommendation. Clapsaddle wanted to know if the county could provide something that can prove the process as it took place. Burma thought the burden of proof should not be on the applicant. MOTION DENIED 6 to 2. Those in favor were: Glister and Voss. Those opposed were: Burma, Hasse, Clapsaddle, Weiland, Michael and Anderson. Abstained: Mueller. MOTION by Commissioner Weiland, seconded by Commissioner Clapsaddle, to table action. Motion carried unanimously. Commissioner Mueller abstained. -7084- PLANNING REPORT Hoisington Koegler Group Inc. Jill TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: April 9, 2001 SUBJECT: Minor Subdivision and Variance APPLICANT: John and Pam Shaughnessy CASE NUMBERS: 01-06 and 01-08 HKG FILE NUMBER: 01-05 LOCATION: 6024 Cherrywood ZONING: R-1 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential BACKGROUND/DISCUSSION: The applicant has submitted an application for a minor subdivision to modify parcel line to allow for two buildable lots. Variances of 9 feet for improved street frontage and 1192 square feet for minimum lot area are also requested. Approval of both minor subdivision and variance requests would be required for the project to move forward. Proposed Required Variance Existing residence Lot Area 8615 sq. ft. 10,000 sq. ft. 1385 sq. ft. Lot Width 50 feet 60 feet 10 feet Sideyard 8.3 feet 10 feet 1.7 feet Sideyard 2 feet 10 feet 8 feet Garage - St. setback 15.6 ft. 6000 sq. ft. 500 sq. ft. New Lot Lot Area 8809 sq. ft. 10,000 sq. ft. 1192 sq. ft. Lot Width 50 feet 60 feet 10 feet As held today, the parcel encompasses 17,424 square feet which exceeds the R-1 district minimum of 10,000 square feet. The proposal would reduce both lots below the minimum area and lot width standards. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -7085- Shaughnessy Minor Subdivision and Variance April 9, 2001 The existing residence is a lot of record and has two existing building nonconformities. The east sideyard would be a third building nonconformity with the subdivision. The new lot does indicate a buildable footprint with a proposed 26 feet by 60 feet house that maintains setback minimums. Drainage and utility easements are not shown on the preliminary plat and would need to be provided for review by the City Engineer if approved. This would also be a requirement for drainage plans. DISCUSSION: In order to subdivide the property, the applicant needs to demonstrate a hardship is present in order for the Council to find reason to grant variance approvals. Without hardship, the minor subdivision cannot be approved. Staff cannot find a reason to recommend approval of variances for this site. There are no unusual prOperty conditions that qualify it for special considerations. RECOMMENDATION: Staff recommends the Planning Commission recommend Council deny the minor subdivision and variance with the following findings: 1. The property has no exceptional or extraordinary circumstances as the result of lot shape or topography which would necessitate the granting of a variance. 2. The variance request is the result of proposed actions by the property owner. 3. The granting of a variance would confer special privileges not afforded to other lands and structures thereon with a non-lot of record status in the R-1 zoning district. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -7086- Engineering o Planning · Surveying APR 4 2001 MEMORANDUM DATE: April 3, 2001 TO: FROM: SUBJECT: Comments o Jon Sutherland, Planning and Zoning Cameron, City Engineer ~.~ John City of Mound Shaughnessey Minor Subdivision Case #01-06 MFRA #13224, The survey submitted with the application shows a tentative house location with proposed elevations; however a final grading and drainage plan will be required when application is made for the building permit. This is one of the older plats in the City, which typically did not provide drainage easements along the lot lines; therefore drainage easements should be provide along all new lot lines. It appears from City utility records that Lot 4 is served by sanitary sewer with-a service from the main in Cherrywood Road; however it appears there is no existing water service for this lot. A Cew service will need to be installed from the watermain in Hawthorne Road. There is no watermain located in Cherrywood Road. 4.~ Our records show that these two lots were separate parcels and paid the full. assessments for the 1979 s'treet improvements; therefore there would not be any deferred charges due upon subdividing back ,to the original lots. 5. The original ~anitary'~ewer and watermain assessment records should also be checked for any deficient charges. -7087- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mail: mfra@mfra, com Jon Sutherland, Planning and Zoning April 3, 2001 Page 2 Recommendations 1. Final grading, drainage, and erosion control plan to be approved by the City Engineer at the time of building permit application. 2. Provide drainage and utility easements along all new lot lines, five feet wide on side lot lines and ' ten feet in width along both street sides. 3. The new water service either be installed or some type of financial guarantee provided, such as cash escrow or performance bond. cc: Loren Gordon, Hoisington Koegler Group, Inc. s:\main :hMou 13224:\Corrcspondenceksutherland4-3 -7088- JAN.-~.:&: 01 {THU) 09: 49 PA~D ,.~u'~ t ~ 2001 CITY OF MOUND CDA TRACTOR TEL:667 1919 VARIANCE APPLICATION CSTY OF MOUND 5341 Mayweod Road, Mound, MN 55364 Phone: 472..0607, Fax: 4720620 P, oo3 ~,-~, ~ ~ ~,~' JAN ! 8 2001 Application Fee:. $1o0.oo (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: l~Ul~ / ~Q -D~:- 4 / City Engineer ..o- DG- 6 / Public Works ~:3~i/~- 8/=.. o / DNR -0 & -. cO/. PARK Other SUBJECT Lot \\\ Brock ZONING DIS~ICT T Addms Phone PROPERTY LEGAL DESC, Name ~" Address '-~- Phone /~'" (H) "// (W) PROPERTY OWNER APPLICANT (iF, OTHER,, THAN OWNER) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed description of proposed constru~on or alteration (size, number of stories, type of use, etc.): Revised 07-11-00 -7089- [AN.-18:'~OI(THU) 09:49 GDA TRACTOR TEb:667 1919 P. 004 Do the existing structures comply with all ama, height, bulk, and setback regulations for ~e zoning district in which it is 'located? Yes (~, No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): REQUIRED REQUESTED VARIANCE (or e=istin{I) Front Yard: ( NCF~W ) ~0 ft. 7~' ft. /c//~ ft. Side Yard: ( N S(EJW~) ~0 ff. / 2 ft. _~,~___ ft. Side Yard: (_N S E(~)) I~ ft. /Z ff. ,C~/',~ .....ft. Rear Yard' ((~S E W ) . ft. 37 .... ff. . .X~,~ ft. Lakeside: ( N S E W ) ff- ft. '.(NSF_W) ft.. fL ft. Street Frontage: /nD ff. ~-/ ff- ~P -- ff. Lot Size: /_/'"]//'J,,P/P sq ft ~P~ ~ sq ff //~2 sq ft Hardcover: sq ff sq ff .sq Does the present use of the property conform to all regulations f~r the zoning dlstdct in which it is located? Yes (~, No ( )~' If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? too narrow ( ) topography ( ) soil too small ( ) drainage ( ) existing situation too shallow ( ) shape ( ) other:, specify Please describe: Revised 07-11-00 -7090- JAN,-I$'Oi(THU) 09:49 GDA TRACTOR TEL:667 1919 P, 005 Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982.)? Yes (), No (). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (~. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property descdbeci in this petition? Yes (), No ~ If no, list some other properties which are similarly affected? ., ,, · t~,~. ~w,~5 ~L~,, ' g. Comments: I certify that all of the above statements and the statements contained'in any required papers or plans to be submitted ~ewith are true and accurate. [ consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for tile purpose of inspectJng, or of posting, maintaining and removing su ?c,h notices as may be required by law. Owner's Signature Applicant's Sign.,~Jre Revi.~$d 07-1 -7091 - /-lt-o f f-/t-o[ PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR JOHN SHAUGHNESSY OF LOTS 3 & 4, BLOCK 9, THE HIGHLANDS HENNEPIN COUNTY, MINNESOTA ,, Bearings shown ore based upon an assumed datum. ho, dcover is ii~[ed by ice and snow cover. ..... " ........... ~ COFFIN 01,,,-037 -7092- LaT ~' CITY OF MOUND HARD¢0VER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) LOT AREA ~809 So. FT...y, 30% = (for all lots) .............. l LOT AREA ~O~O ~ SQ: FT:"X'40'%"-'='"(for L6tS d'f" Rib-dO'rdo) ....... I .~ ~- LOT AREA SQ. FT. X 15% = (for detached, buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as oUtlined.in Zon!ng Ord!r)ance Sect. ion 350. ~.1225,Subd:.6. B.:.I. (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQFT HOUSE O X DETACHED BLDGS (GARAGE/SHED) DRIVE'WAY, PARKING AREAS, SIDEWALKS, ETC. TOTAL. HOUSE ......................... X = X .- TOTAL DE?ACHED BLDGS ................. DECKS Open decks (1/4" min, opening between bdarde) wilth a pervious surface under are not counted as hardcover OTHER TOTAL .DRIVEWAY, ETC TOTAkDECK X = TOTAL OTHER /04'0 2¢~01 TOTAL HARDCOVER / iMPERVIOUS SURFACE PREPARED BY. ¢~)~/~, ¢ ~'~A.~Z¢¢~., /~.,¢, DATE -7093- JAN.-I~'OI(THU) 09:48 CDA TRACTOR TEL:667 1919 P, O02 Application for MINOR SUBDNISION OF LAND City of Mound, 5341 Maywood Road, Mound, MN 55364 Phone: 43'2.0607, Fax: 472-0620 ~l~]icatio. ~e: ......... $75.00 Escrow Deposit: , $~,00o ~-D6 -d~/ eib/Planner '~-O ~,,- 4~ / _ DNR _~)--~/~-y? / Public Works _~-~ -C~ / Parks ~ City ~_ngineer ~.O-O~o ~ 6 / Other Deficient Unit Charges? Delinquent Ta~es? VARIANCE REQUIRED? DESCRt~ION Su~i~si~ Pl~ ZONING ~PE~NT ~e ~pl[~ i~ ~er o~er: ~NER N~e ~ appn~nq" ' Add~s/~ , ,,, Phone (H) ~) . (MI N~ SUR~O~ ~GINE~ ~dr~ Phone (H) ~). ,{M) Has an application ever been m~de for zoning, variance, cond!~?~al use permit, or o~er zoning procedure for this pml3etty? { ) yes, ( no. If yes, [is[ date(s) of applicati~rt, action taken, r~.eotut~n nu~b~S) and provide c~3pies of resolutions. rhi$ appfication rnu, t be sign~ed.~y all own~ers of the subject property, or an explana'~on give~j why this is not the case. Ow~ $ign~tur; '-- // /" Date Owner's Signature ~-.~. ~.~ % Date Rev}seO 07-'13.00 Revised 07-13-00 -7094- CITY OF MOUND HARDOOVER ,CALgULATIONS (IMPERVIOUS 8URFACE COVERAGEi PROPERTY ADDRESS: OWNER'S NAIVJE: ,/'~,4/,k,/ LOT AFIEA LOT AREA ~ SQ. FT. X 30% = (for all tots) ... ....... · ...... J_ 2,~"~" J LOT AREA SQ, FT. X 15% : (for detached buildings only.)'.. *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined.in Zon!ng Ordinance Section 350~ ~,1225,Su,bd:,6. B:,I. (see back). A plan must be submitted and approved by the Building Official. · .. HOUSE LENGTH WIDTH .SQ FT x = X = DET. ACHED BLDGS (GARAGE/SHED) DRIVE'WAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open deck., (114' min. opening between board~} with . pervious surface under are not counted as hardcover OTHER TOTAL HO'JSE 2+.3 :. X = TOTAL DETACHED BLDGS ................ x = x = 5~1 TOTAL DRIVEWAY, ETC ' " ' ..... x = X = X = TOTAL DECK . ' 116 L.. ~', x X = TOTAL OTHER TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER t OVER (indicate difference.)..~ ..-.-~....=; ;....; . .. :... ~.., ....~.,., . ,......,.-...... PREPARED BY ~OrT',hl ~ ~'Rord~r~. - "'DE. el< ON 5/DE Ol:: - Reel< we/-/,. -7095- CiTY OF MOUND HARD,OVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: I[OWNER'S NAME: LOT AREA ~O9 SQ, FT..X 30% = (for all lots) .......... ,,... I, LOT AREA ~30~ ~' ~ SQ: FT;"×' 40'%" ='"(foe L6tS 0f"R~'C'o'rd*) ........ I LOT AREA SQ. FT. X 15% = (for detached, buildings only) ,, 1 *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined.in Zoning Ordinance Sec.t. ion 350~] 225,Su~bd:.6. B:.I. (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE I~ X 2~' = /S~'O DETACHED BLDGS (GARAGE/SHED) DRIVE'WAY, PARKING AREAS, SIDEWALKS, ETC. TOTAL DRIVEWAY, ETC ................... / o4o DECKS Open deck. (1/4" miR, opening between b0arde) with a pervious surface under are not counted as herdcover X = X = TOTAL DECK ................... ;~ ..... OTHER ~¢~ 2 'X Z ~ = ,'::'~:!"~'~J~ " X = TOTAL OTHER ............. ¢ .......... .. TOTAL HARDCOVER/IMPERVIOUS SURFACE ~/~/'~£E~2) I., -7096- ¢40 I PRELIMINARY PLAT AND CERTIFICATE OF SURVEY .FOR- JOHN SHAUGHNESS¥ OF LOTS 3 & 4, BLOCK 9, THE' HICHLANDS "/~/ ·" .. HENNEPIN COUNTY, MINNESOTA' ' //~., ./~ .". ' Lot 3 Block 9 THE H~ANDS ~~,. ~.'"~ (e ) .... t ~ow t~ ~o~rles of the obove described ~operty ''' ' -~Q~ '/ ' This survey int~s o ' ' · 'hordcover' [he~on It does ~t pur~r[ to s~w ~y o[her im~o~ ~~ ' ' '' ~TE : Accurocy of hordcover Io¢otion ond ex[eriE of eddltionol 01-037 -7097- '- COFFIN ./ .q~ ~f. C.r Z ! ! -7098- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-168'7 (612) 4.72-0600 FAX (612) 472-0620 November 28, 2000 Mr. Keith Rennerfeldt Hennepin County Surveyor A-2 ! 03 Govern_ment Center 300 South 6th Street Minneapolis, MN 55487 SUBJECT: DIVISION REQUEST LOTS 3&4 BLOCK 9 THE HIGHLANDS (6024 CHERRYWOOD ROAD) Dear Mr. Rennerfeldt, Please do not complete the division request as noted above, because the city has not approved the division at this time. A review of the division request and the lot of record status is currently in progress. Approval of a subdivision for this parcel may require action by the city council as there appears to be issues that are not in conformance with the city zoning regulations. The property is currently located in the R-1 Zoning District. I have attached separate information which details the requirements applicable to this property. Thank you for your assistance in this matter. If you have any questions you can reach me at 472- 0614. JOn Suther"ntnd ] - Building Official JS:mb Enc: cc: Jim Holan Hennepin County PID Supervisor, Michael Mueller, John and Pam Shaughnessy -7099- -7100- 0 o o mom ~ .. 0 -7101 - )45 9 (50) ~7 ;, 145 ..'.~,.20 16 o 31 7 (40),~ 145(491 o" B 14.5 Ln )45 ~'0i 29 0 ~o',' )o ~ z? 145 ~" I ~n (47)145 (4) 216 NO 1405045 IDLEWOOD RD ~OOD RD '""'-PARK LAGOON 18.4 ,,. AS SHOWN ON PLAT OF 'THE HIGHLANDS' ...... ~.~,,.~ ~ /~ ×, ', , ~'" 0 ' ~ ,"~ ~ ~ ',~_~~~s, OOVT LOT ~ -7102- PRIESTS BAY 3886,76 RES Mound City Code Section 350:620. Single Family Residential (R-l). Subd. 1. Purpose (R-l), The purpose of this district is to allow the continuation of existing residential development and the infill of existing lots in residential areas of the City where services ,are available. Subd. 2. Lot Area, Height, Lot Width, and Yard Require-ments (R-l). Ao Building Height. No building hereafter erected shall exceed two and one- half (21/2) stories or thirty-five (35) feet in height. Lot Area, Lot Wid~ and Setback Req~rements (R-l). The following minimum requirements shall be observed subject, to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. Minimum Lot Area ................ : .................................................... I0,000 square feet Minimum Lot Width ..................................................................................... 60 feet Front Yard .................................................................................................... 30 feet Side Yard ...................................................................................................... 10 feet Rear Yard ..................................................................................................... 15 feet Minimum Lot Depth ...................................................................................... 80 feet Minimum lot frontage on an improved public street shall be 60 feet, except that lots fronting on a cui4e-sac shall be 60 feet at the front building setback line. Co Lots of Record (R-i). The following minimum setback requirements shall be observed for Lots of Record (R-I). Side Yard Requirements The required side yard setback shall be a minimum of 10 feet. Lot Width Minimum Setback on One Side Yard > 40 - <79 feet 6 feet 80 - 100 feet 8 feet ~ 101 feet 10 feet 2. Front Yard Except as regulated in Section 350:440, Subd. 6, the front yard setback shall be based on the lot depth as follows: Lot Depth Front Yard Setback <60 feet 20 feet 61 - 80 feet 24 feet 281 feet 30 feet -7103- 27 November 2000 TO: Jon Sutherland - Building Official - City o£ Mound RE: Lot Separation Request - Lots 3 & 4, Block 9 "The Highlands" FROM: Michael Mueller - Re/Max A-1 Excellence Realty Agent for John & Pam Shaughnessy 6024 Cherrywood Road / Mound, MN 55364 The owners of the above referenced lots have asked for my assistance in getting a lot separation completed for the two lots, 3 & 4, of Block 9 in The Highlands addition. When they purchased this property, the owners were informed by their realtor at that time that they were purchasing 2 lots with the home. The home currently resides on Lot 3 and Lot 4 is vacant. The address for Lot 3 is 6024 Cherrywood. When researching this property for the purpose of listing it, I found that when the house was originally built in 1970, the ownership of Lot 4 was different than that of Lot 3. The building permit was issued for Lot 3 only (See Attached Survey). In 1986, the City of Mound granted a variance for construction of a home on Lot 4 (See Attached Resolution). Additionally, City records show that both lots were separately charged for the 1979 Storm Sewer and Steet Improvements. This research would lead anyone to believe that if you purchased Lot 4 it would still be a buildable site even if the resolution has somehow expired. Sometime in the past, Lots 3 & 4 were combined at the County for tax purposes only. Nowhere in the records available at City Hall was there a requirement or a formal combination of these two lots. My assumption is that the title company suggested a county combination as the mortgage was to placed on both the lots and not just on Lot 3. Subsequently, the owners have requested from Hermepin County a separation of the two parcels which was the entity that originally allowed them to be combined. The County has approved the separation and has issued two new PID numbers. The sellers are requesting the City confirm in writing the lot separation as approved by the County. This would allow the owners to sell the two parcels separately, which is their intent. Requiring a formal subdivision of these parcels appears to be outside of the scope of the City of Mound Code requirements. The parcels are two separate Lots of Record and should be treated as such. The confirmation letter or any questions can be addressed to me at the address listed below. My phone number is 472-5302. The owners are requesting a timely review of this request by you and your staff, as they wish to proceed with their relocation out of state. If there are ordinances or requirements that are applicable or are not included in this packet, please let me know ASAP so we can jointly address those issues. Thanl~. you, Michael Mueller 5910 Ridgewood Road / Mound, MN 55364 / 472-5302 ' Attachroen{s: Survey (Lot 3); Survey (Lot 5); Special Assessment Notices (both lots); Resolutions (both lots). ' ". ' ~ \ . ~-.._~ " ,; ,,'y,-~,,,:.,' .... ~ t, . I HER£!IY CERTIFY' TI.lAT.'THE AROVE II A TRUE AND t~ORRECT ~L,AT OF A BURVEY OP ....... 'Lo~ 3 Block ~, The ltig "-. '.'.}:i.: April . ,-, A~ ~BUflYEY~ BY Mi THIS (cl~'h ....... DAY OF ..... ----~ ..... j .'2 HAWTHORNE ROAD 0.70 WALL :~ of thai port ~ne drawn al: , line aJ: o point , the North- cj. "The Nighlonds", :of. RD 4 : Lhe above described property. e, garage, yard born, and at:her r~ol[ purport Lc' show any oJ:her -7106- HC 1212 (10-78) SPECIAL ASSESSMENTS PREPAYMENT FORM MUNICIPALITY MUNIC CODE STATEMENT NO. DATE ISSUED VOID AFTER To the City Treasurer, please permit: mound '. 86-Ooo7oo September, 12, 1986 First Security Title, Inc. 1501 West 80th Street Bloomington, MN 55431 to pay the following deferred installments of special assessments. PROPERTY I.D. 23-117-.24 34 0023 LOT 3' BLOCK 9 ADDN. CODE 61610 ADDN. NAME The Highlands DESCRIPTION LEVY PROJECT YESRS INTEREST TOTAL PREPAYMENT FROM TO PAID PRINCIPAL AMOUNT / Rdqwd Storm 6702 19R7] ! 991 l 7~-~2 q~.qn 1979 Street Imp. 7928 1987.1995 3784.07 2270.43 Rema r ks: TOTALS 2~28.q~ 30-1751-799-00 56-1751-829-00 58.50 FUND/AMOUNT 2270.43' FUND/AMOUNT To Hennepin County Special Assessments Unit; Please cancel the above special assessments which have been paid to the City Treasurer. AUTHORIZED BY E Shukle/D Schwalbe For County use only: White I City Treasurer ~'Jnk - City Clerk PREPAYMENT DATE September 12~ 1986' RECEIPT NO. (")~D ~ ~ (~ TRANSACTION DOCUMENT NO.~'"'~-"~'~_I -7107- Hc ~z~2 (~o-Ts) SPECIAL ASSESSMENTS PREPAYMENT FORM MUNICIPALITY MUNIC CODE STATEMENT NO. DATE ISSUED VOID AFTER TO the City Treasurer, please permit: 85 84-ooo42o NnwmN~r _K, 1 Reed end Pond 5425 Shoreli.ne B!vd_ ~_,Jnd, MN 553~ to pay the following deferred installments of special assessments. PROPERTY I.D. 23-117-24 3h 0024 LOT 4 BLOCK 9 ADDN. CODE 61610 ADDN. NAME The Highlands DESCRIPTION LEVY PROJECT YEARS INTEREST TOTAL PREPAYMENT -~-~OM~ TO PAID PRINCIPAL' AMOUNT Sewer Lq. Feral j388 ...... J985 1990 851.26 204.30 Rdgwd storm 6702 1985 1990 182.26 85.06 1979 Street Imp. 7928 1985 1994 3925.26 2878.53 3167.89 Remarks: TOTALS FUND/AMOUNT To Hennepin County Special Assessments Unit; Please cancel the above special assessments which have been paid to the City Treasurer. FUND/AMOUNT AUTHORIZED BY ,I Flmm/n _qrhwnlh~ PREPAYMENT DATE NoVember q, 1984 For County use only: White - City Treastlret Yellow- Fir, am'lc~. Director Pink - City Clerk Gold- File RECEIPT NO. ~aANS^CTION OOCUM~-NT NO. TAX BOOr BY -7108- RE~OLUTION NO. 70-27 RESOLUTION ACCEPTINQ THE REPORT AND WAIVING LOT SIZE REQUIREMENTS. " PROVIDING ALL SIDE YARD AND SET BACK REQUIREMENTS ARE HET ... :.' i:'..:.. WiLERF~S, the owner of Lot 3, Block 9, The Highlands has appealed to the Planning Commiesion for a lot size variance from lO,O00 mquare feet to 8,720 equate feet, and ... WI'L~a~S', the owner purchaeed thie lot thinkin~ it was a buildab'le lot, and '~ ' · %F~LEREAS, ~he Planning Commission recommended that the lot size requir, ement . be waived providing ~:hal: all side yard and setback requirement/~ are met, N0~/, TR3~.REFORE, BE 'IT RESOLVED BY THE VILLAGE COUNCIL' OF MOUND, MOUND, ~LI~ESOTA: That a lot size variance be granted provided al-1 side yard and · setback requ rements are met. -. ' -7109- 84 RESOLUTION NO. 86-51 RESOLUTION TO APPROYE A VARIANCE IN LOT WIDTH AND AREA FOE LOT ~, BLOCK 9, THE HIGHLANDS, ,PID ~23-117-2~ 3~ 0024 (6032 CBERRTWOOD ROAD) WHEREAS, Gerald R. Barrow, owner of a vacant parcel of land described as Lot 4, Block 9, The Highlands, has applied for a variance in lot size and width to allow construction of a single family dwelling with conforming setba, cks; and WHEREAS, the City Code requires a 10,000 square foot lot in the R-1 zoning district with a lot width of 60 feet; and WHEREAS, the property described has a lot area of 9,060, plus or minus, square feet and a lot width of 50 feet; and WHEREAS, the Planning Commission has reviewed the request and does recommend a lot width and arena variance to afford the property owner reasonable use of his property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the lot size and width variance as it is within ten (10) percent of the required lot area and the lot width of ten feet for Lot 4, Block 9, The Highlands (6032 Cherrywood Road) to allow the construction of a single family dwelling with conforming setbacks for the lots This variance is granted upon the following of record. conditions: 1. The variance is valid for one year after approval unless renewed by the City Council. The lot size is within the ten (10) percent of the required 10,000 square feet. The topography is to be limited to 8 percent slope. Exceptional or extraordinary circumstances due to the existing sites in close proximity to it are fully developed. The variance requested is the minimum variance which would alleviate the hardship. No furth.er variances will be granted. The foregoing resolution was moved by Mayor Polston and seconded by Councilmember ?eterson. The following Counoilmembers voted ~in the affirmative: Jessen, Paulsen, Peterson, Polston and Smith. The following Councilmembers voted in the negative:· no~e · 'Attest: City Clerk Mayor -7110- '. ' 0 x I I ~ ~ ° ~1~ o ~ l~ .. ~ ~ l :.2:, ~ ~ ~ oo ~ -7112. .¢ -7114- J -t - J 1 1 MOUND, MINNESOTA ZONING APPLICATION Street Location of Property , Name Address /'~ Phone ., Type of Request: Rezoning ~ ~ Varic~ce Description of Request.. _~ ._.~l~ · /.~ - Reason for Request Note - Sketch of proposed property and structure to be drawn on back of this form or attached. Fee: $ Following to be filled in by Village Date B~y__ bli h d Pu s e -.*.,- :, On. PI. Comm. Agenda Pl. Comm. Action PI. Comm. Postponement On Council Agenda Council Postponement Council Action Bldg. Dept. Notified Applicant Notified Special Use Permit Subdivisional Approval / Other "~ Date Recommendations of Village Officials ' Any official making any comments should sign and date. Use additional sheet for comments if necessary-attach hereto. Please draw or attach a sketch .of proposed structure showing the following: 1. Indicate North 2. Location on lot 3. Adjacent Street names 4. Location set backs and use of adjacent existing buildings 6. Dimensions of proposed structure 7. Proposed set back 8. State zoning in force in area concerned Distances between any purpose structure and structures on adjacent property PLANNING COMMISSION RECOMMENDATIONS On the l/ day of .J~c-c.- .19 ~' 6' the action requested in the foregoing petition approved ,',r' disapproved subject to the fo"~'-('~£onditions: Mest Suburban Builders, Inc. Lot 9 Block 3 The Eighlands Tax Forfeit 5/21/69 $1800. O0 Oontains 8720 sq. ft. plus or minus Zoned Residential A-1 10,000 sq. ft. Min. (~t time of Zonin~ it was felt that 5% should be the allowable maximum deviation) This would be a deviation of 8.72~. Disbursement of Sale Price. State 180.00 Special Assessments lost Through Cancellation County 540. O0 Village 360. O0 Sewer Unit 292.00 School 720.00 Sewer Lateral 8,51.26' 1800. O0 If this had been improved property with a market value of 21,000.00 land & bldg. the Vi]_lage would have received ~pproximately 75.00 as their share of a total tax of $560.00 based on the 1969 mill rate,~for real estate plus $110.00 for special assessment annual payments including interest. Village Share of Sale Los s t o ViLlage Plus delinquent taxes for seven years plus interest on the annual special assessments. 11~3.26 ~6o.oo ?83.26 If this had been improved for total market value the village would have received 75.00 and nothin~ for special assessments -7117- / 14912 Mirnuetonka Boulevard, Hopkins /Lot Size Variance /Lot 3, B~ock 9, The Highlands ' Planning Commission Discussion Hasse moved and Bargman seconded to recommend that the lot size require- ment of lO,OO0 square feet be waived providing that all side yard and setback requirements are met. ~or: Hasse, Bargman, Brandenburg, Partington. Against: Newell and Weiland. Abstain: Schmidt 1. Election of Officers carried over to January meeting. 2. Recommend that the Council consider a Special Permit for fences with fees based on cost of materials and construction. That such oermit define snow fences in residential areas as temporary fences not to b~ erected prior to November 1st. That all such fences be removed by May 1st of the succeeding year. Tha~ such fences not conforming to these conditions be removed by the Village with a penalty for cost of removal to be assessed against the property if possible. Parking carried over to January meeting for action. Balconies and Decks that encroach into front and side yard requirements. It is the consensus that such structures are an integral part of ~he building and should be back of the side yard and setback lines. That the Council consider amending the Building Code if necessary to make this clear ~o builders and remodelers when plans are submitted. The Planning Commission feels that use of new construction methods and materials such as joists should be considered as special cases by the~ Planning Commission and ~he Council until enough instances of use and performance have proven satisfactory before the Building Code is changed '~o include them. Adjotured at lO:O0 P.M. Attest: -7118- ,- .... 70 -27 1-13-7o RESOLUTION NO. 70-27 RESOLUTION ACCEPTING THE'REPORT AND WAIVING LOT SIZE REQUIREMENTS PROVIDING ALL SIDE YARD AND SET BACK REQUIREMENTS ARE MET WHEREAS, the owner of Lot 3, Block 9, The Highlands has appealed to the Planning Commission for a lot size variance from 10~O00 square feet to 8,720 square feet, and W~EREAS, the owner purchased this lot thinking it was a buildable lo~, and WqiEREAS, the Planning Commission recommended that the lot size requirement be waived providing that all side yard and setback requirements are met, NOW, T~EFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MOUND, MINNESOTA: That a lot size variance be granted provided all side yard and setback requ~..rements are met. Adopted by the Council this 13th day of ~January, 1970. -7119- CIFY OF MOUND - ZONING INI;ORMATION SHEET Rl~)iO, 000~60 ~i ?, SOO/O ~L)T WIDTH: RiA ~, ooo/4o s2 20,000/80 ;URVEY ON FILE? YES / NO R2 ~,ooo/4o ~ io,ooo/~o R2 14, 000/80 L~T DEPTtI: .OTOF RECORD? YES / NO R3 g~g ORD. ~1 ~0.000/100 IIOUSE ......... FRONT N S E W FRONT N $ E W SIDE N S E W SIDE N S E W REAR N S E W 15' LAKE N S E W 50' TOP OF BI.I. JFF 10' OR 30' GARAGE, $1lEI) ..... DETACIIED BUll.DINGS NS E W FRONT N S E W SIDE N S E W SIDE N S E W REAR N S E W LAKE N S E W 4' OR 6' 4' OR 6' 50' TOP OF ItliIFF I0' OR 30' I lA RI.)COVF, R 30% OR 40% ,RMIN(;'~ YE.$ / NO / ? lB,': [DATED: Tiffs Zoning Inf,~mmticm Sheet m_lLv, summarizes a pmtion of the rcquiremcnm oullined in fl~e Cily of Mound Zoniug Ordiuance. For flmrfl~er info~ation, contact ~le City of Mound at 472-O6(X). -- . ...... ~ o ~ I I I ~ ~ ~ Ov I I vv D RD s ~ w o ~ ~ I ~ 0 I I o o )t ,., ,~ Final To.' From: Date: Subject: MEMORANDUM Mound City Council Karen Cole and John Dean May 3,2001 Application of Woodland Point decision to other privately dedicated commons. On April 2, 2001, Hermepin County District Court Judge Steven Lange entered an order approving the stipulated settlement of the Woodland Point case. You will fred a summary of the decision attached to this memorandum at Tab A. One of the key points in the Woodland Point case, and in the predecessor case involving Wawonaissa Common on Woodland Point is that the City had no authority to regulate that commons because they were not publicly dedicated either in the plat or by usage. The dedication of the commons in the Woodland Point plat was to the owners of lots in the subdivision. Several other commons that are incorporated in the Mound dock program are also dedicated to the owners of lots in the subdivision, and not to the public. Consequently, it may be advisable for the Council to formulate a process to follow in determining how to deal with those other "privately" dedicated commons. While the Woodland Point case may be helpful in approaching this subject, it should not be viewed as controlling for several reasons: 1. The only determination that was made as a matter of law was that Mound had no authority to regulate a common that was not dedicated to the public or used by the public, under the theories that were considered in that case. All of the provisions concerning docks, dock locations, costs, use of the commons and maintenance were the result of negotiated agreements of the parties that the Judge approved. It is not known how the Judge would have ruled on any of these matters had the parties disagreed. As a result, although the way those matters were handled in the Woodland Point case may be noteworthy, no one is bound by them in connection with any of the other private commons. 2. Mound was under no obligation to provide docks or stairways for non-abutting properties. Much of what Mound did was to attempt to provide for the continued availability of dockage for abutter and non-abutter alike upon its departure from the area. The high expense, staff time and city energy diverted to the settlement, were, far greater than was expected; and the Council may conclude that the price for a Woodland Point type settlement is too high. JBD-196700v3 MU220-6 -7121 - 3. Each of the other private commons presents its own unique facts. (See attachment at Tab B.) At best, the Woodland Point type settlement would have to be modified to meet those facts; and it may not be of any value at all in some cases-even if the Council wanted it to. The Woodland Point case did provide Mound with an education, however, that should help prepare it to deal with the other private commons. Here are some of the things Mound has learned. 1. Because any agreement will not be effective unless it is binding on all of the property owners, including future property owners, and all lien holders and encumbrancers, the only practical approach is through a court approval of the agreement. 2. That means attorneys, title companies, and a great deal of time and money. 3. Negotiating a settlement is hard because one is never sure that all interests are represented. Abutters and non abutters frequently had different agendas, and a compromise that would be acceptable to one group might be unacceptable to the other. That "education" and the lessons it has taught form the basis for the following recommendations; 1. The City's dock and commons program has worked well and has provided broad exposure to recreational resources to the general public. As such it should not be voluntarily withdrawn from any of the commons unless and until a program can be worked out that preserves the opportunity for the greatest possible number of persons. 2. Because any settlement will bind 100% of the property owners, and because settlement discussions are a waste of time unless all segments are included, the City should not undertake to consider withdrawing from any of the private commons unless it is petitioned to do so by a large percentage of the property owners. A figure in the 75% range might seem unreasonable, but the grass roots organization necessary to get that sort of response will have a very positive effect in working out a final agreement. 3. Upon receipt of the petition, the Council should decide whether or not to consider negotiating a agreement to withdraw. That consideration should include a determination whether any aspect of the common has been dedicated to the public by use (i.e. beaches, utilities, etc.),. The petitioners should be notified promptly of the Council's conclusion. 4. At that point, and before any suit is commenced, the owners and Mound should begin to discuss a possible settlement agreement. There should be ground rules, and they should include an agreement by the spokespersons for the owners that they will not present any proposal or respond to any proposal unless they have a reasonable belief that it will be their position is supported by a significant majority of the owners, including both abutters and non abutters. It would also be helpful if all the parties understood that recriminations and accusations typically do not foster a constructive atmosphere. Because of the need for consensus of the owners, it would be useful for the owners to make the first settlement proposal. -7122- 5. There should be an understanding even before Mound receives the first petition about how the costs involved in the lawsuit will be borne. In that regard, we make the following suggestions: a. The cost of title work to determine ownership should be the responsibility of the owners. b. Every party retaining an attorney or other professional or expert should be responsible for that cost. c. The cost of serving the summons or other initial pleading should be the responsibility of the owners. d. The cost of recording the settlement order should be the responsibility of the owners. e. The fees charged by any other governmental entity in connection with any permit or approval shall be borne by the owners. 6. There should also be some understanding regarding how far Mound is willing to go to provide docks and other infrastructure to the commons. The options generally include providing no docks and stairways, or providing these improvements at street ends. 7. Mound is currently undertaking a study to better quantify the amount of shoreline in the dock program. The results of the study may impact on the city's settlement posture. 8. Until the court has approved the settlement, unless otherwise directed by the court, Mound should continue to treat the common as part of the city dock and common program. -7123- Tab A KAREN R. COL~ Attorney at Law Direct Dial (612) 337-9212 emaih kcole(~kennedy-graven, corn April 19, 2001 Mayor Meisel and Members of the City Council Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Bailey et al. v. Lien et al. Court File No.: MC97-15540 Our File No.: BE295-34 Dear Mayor and Council Members: This is, I hope, my last report to you on the Woodland Point litigation. The Woodland Point Litigation Most of you are very familiar with the Woodland Point litigation. A short summary of the litigation follows for the benefit of the new council members who may not have followed it. The case was brought to apportion rights and responsibilities as to the Wawonaissa and Waurika Commons among four groups: the abutting landowners, the inlanders, the City and the public. The litigation was an outgrowth of an earlier case, Flack v. City of Mound, that was brought by six landowners on Wawonaissa Common against the City. In that case, the Court determined that the abutting landowners owned segments of the Common in front of their houses, but that the inlanders had some kind of interest, akin to an easement to some type, to use the Common. The Flack Court held that the City and the public did not have any interest in the parts of the Common at issue in that suit (the six segments of the Common adjoining the homes of the six plaintiffs). The Flack Court suggested that a new suit involving all the landowners in Woodland Point would be needed to really resolve everyone's interests in the entire Commons. The Bailey v. Lien et al. suit was brought in -7124- response to that suggestion. The suit was brought in the name of all the inlanders against all the abutting landowners and the City, and addressed rights as to Wawonaissa and Waurika Commons. The Settlement Process After the suit was brought, there were extensive efforts to settle it. Judge Lange appointed a retired judge to assist in settlement discussions among the parties. After extensive efforts, the settlement process bogged down. The inlanders brought a motion asking Judge Lange to resolve a number of the issues in an attempt to move the case forward. As a result, the Judge made a number of critical decisions. First, he decided that because the Commons were private Commons and there was insufficient evidence of widespread and sustained use by the public, the public as a whole (and therefore the City) does not have rights to use the Commons, except for Canary Beach which the Judge ruled is public. The Judge also found that the abutting landowners own the segments of Commons in front of their homes, but that the inlander homeowners in the Woodland Point subdivision have some rights akin to an easement of some type to use the Commons. The Judge said that further proceedings would be needed to determine the exact nature of the inlanders' rights. That ruling sparked another intensive round of settlement discussions. Those discussions were spearheaded by several landowners. Members of the City Council also played a key role. The discussions focused in particular on dock rights. It was eventually determined that the abutters docks would no longer be part of the City's program, and that the City would construct multiple slip docks at the street ends for use by the inlanders. The initial draft of the Settlement Agreement was prepared by Mark Hanus. After further additional discussions, key landowners and the City Council agreed to it. The Settlement Agreement was then taken to all of the landowners in the Subdivision, and virtually all of them signed it. The Judge's approval of the Settlement Agreement was needed because all of the landowners had not signed the Agreement. In spring 2000, the Judge held a hearing to determine whether or not he should approve the Agreement. A few landowners who opposed the Agreement came to the hearing and presented evidence on their objections. The hearing focused on a dock in the lagoon off Bluebird Lane South, and on several landowners' interest in eliminating the dock at Woodland Road. Eventually, the Judge approved the Settlement Agreement, contingent on approval of variances by the Lake Minnetonka Conservation District (LMCD). The LMCD's Role Variances from the LMCD were needed because the strips of the Commons at the street ends were not wide enough for the multiple-slip docks under the LMCD's rules. Navigational easements were also needed to allow enough room for boats to maneuver in and out of the inner- most dock slips. Extensive discussions with the LMCD took place in 2000 culminating in approval by LMCD of the needed variances. As a condition of the variances, the LMCD imposed a number of requirements, which it required to be included in the Settlement Agreement JBD-196700v3 MU220-6 -7125- as modified by the Judge. Specifically, the LMCD required that the following language be included in the Agreement: The City of Mound shall not assign, transfer or otherwise divest itself of any of its rights or responsibilities under this Agreement, or transfer, sell or convey its interests in the street end easements which are created by the Agreement, and any attempted assignment or transfer in violation of this section shall result in forfeiture of the right to maintain shared docks at the street ends After approval of the variances by LMCD, the Judge needed to approve the Settlement Agreement one last time, pursuant to his prior order. We also asked the Judge to make several additional changes to the Agreement, based on issues that had arisen after his preliminary approval. The Last Hearing The last hearing was held on April 2, 2001. At that heating, we asked the Court to make several changes to the Agreement: · To adopt the conditions imposed by the LMCD as part of the Agreement; · To clarify how the asphalt walkway at the end of Woodland Lane would be handled (since Mike Gardner had raised issues as to it); and · To clarify that the City may maintain and replace all utilities in the Commons. At the hearing, the inlanders' attorney also asked for a change to clarify that the parties to the Agreement may enforce it. Mike Gardner asked for several changes as well. Those proposed changes were not accepted by the Judge, except for one change requiring the City to remove the asphalt pathway near Woodland Lane when that asphalt is degraded. I revised the Settlement Agreement to reflect the changes the Judge said he would accept. On April 10, 2001, the Judge signed the Agreement. A copy of the Order signed by the Judge with the Settlement Agreement and attached Exhibits is attached. The City's Responsibilities Under the Settlement Agreement Exhibit C to the Judge's Order is the Settlement Agreement as modified by the Judge. The City has a number of responsibilities under the Settlement Agreement. These responsibilities are summarized below. The City will no longer administer its dock program as to the property on the Commons, except as to the street ends. The City has an easement at the street ends to construct multi-slip docks. There will be seven docks: · one · one · one · one · one 2-boat dock at Gull Lane 4-boat dock at Finch Lane 4-boat dock at Eagle Lane 4-boat dock at Dove Lane 4-boat dock at Bluebird Lane North JBD-196700v3 MU220-6 -7126- · one · one 2-boat dock at Woodland Road, and 2-boat dock at Bluebird Lane South. Diagrams of these docks (except for the Bluebird Lane South dock) are attached to the Settlement Agreement. Slips at the docks will be available for use by the inlanders and, if not all taken by inlanders, by members of the public. The City will be responsible for maintenance and replacement of the docks. The City will also construct stairs at four locations (Bluebird Lane North, Dove Lane, Eagle Lane and Woodland Road) which are needed to provide access to the multiple-slip docks. The Agreement specified fees to be paid by the abutters to be applied to the costs of stairs construction. The Agreement indicates that the City will not be responsible for dealing with future disputes between the Woodland Point residents as to access to the Commons, trespassing or other features of the Agreement, but that any such disputes are to be resolved through the Court or mediation by the landowners. The purpose of this provision is to keep the City out of disputes among the landowners and to put the burden on the landowners to resolve these issues themselves. Lastly, the Agreement must be filed with the Hennepin County Recorder and Registrar of Titles, and must be mailed to the owners of all parcels in the subdivision. We worked with the supervisor for the abstract and Torrens offices to assure that we will be able to file the document against all the parcels at minimal cost. The letters to the landowners will be ready to send out next week. If you have any questions about the Agreement, please let me know. Very truly yours, KENNEDY & GRAVEN, CHARTERED Karen R. Cole KRC/cm Enclosure cc: Robert Weisbrod (LMCIT 11019873) John Dean JBD-196700v3 MU220-6 -7127- Tab B. FACTS CONCERNING PRIVATELY DEDICATED COMMONS Characteristics of Wiota (Dreamwood) and Wychwood Commons A. Wiota Common Dedication. Privately dedicated in 1907. Length. 1360 lineal feet of shoreland.* Characteristics of shore. a. Flat along shoreline; then goes up hill in most areas. b. All traversal. (Can go from Avocet to Gull). Streets Seven streets go to commons. Stairways a. Five stairways. b. All but one are owned by the City and have been replaced. c. One would have to be replaced. o Docks 15 abutting docks. 30 nonabutting docks. (This includes 5 docks that are being shared, either by two nonabutters or by a nonabutter and an abutter.) 7. Beaches. None City utilities. a. Water main. b. Fire hydrants. c. Sanitary sewer manhole. d. Storm sewer pipe and outlet. Wychwood Common 1. Dedication. Privately dedicated in 1908. * A shoreline that will determine the amount of shoreland that is currently in the City's dock program is being conducted this summer. The estimated lineal feet of shoreline for Wiota and Wychwood Commons may go up or down as a result of this survey. JBD- 196700v3 MU220-6 -7128- 3. ft at south end and 100 lin fi (beach) at north end. 4. Streets Length. 1280 lineal feet of shoreland.* Characteristics of shore. Steep along almost all of length, except for 150 lin No roads to commons. Six fire lanes (15 feet wide). Stairways. Five new stairways would be needed. Docks 17 abutting docks. 5 nonabutting docks. (This includes two sharing docks with nonabutters.) nonabutters who are Beaches. Wychwood Beach (100 lin ft of shoreline). City utilities. a. No sanitary sewer or water utilities. b. Storm sewer pipe and three outlets. H. Impact on Dock Program A. Background Under LMCD requirements, the City is allowed 1 BSU (boat storage unit) for each 50 feet of lineal shoreline in its dock program. There are 25,570* lineal feet of shoreline in the program. This equates to 511.4 BSUs. The actual boat court in the year 2000 was 520 boats. If the boats of abutters in the Wiota and Wychwood commons are subtracted, this leaves 488 boats attributable to other segments of the program. This is 23.4 boats less than the maximum allowed under LMCD's requirements. The study that is under way this summer could increase, decrease or eliminate the amount of this buffer The buffer between the actual boat count and the maximum allowed has historically been significantly greater. The following analysis compares the number of BSUs attributable to the lineal feet in the program as operated currently to the number of BSUs for each common if only street ends are included in the dock program and if nonabutters are accommodated at street ends. JBD-196700v3 MU220-6 Woodland Point -7129- 1. Before lawsuit a. Total lineal feet in program before lawsuit: 2135 lineal feet. b. Number of BSUs this contributes to program: 42.7 BSUs. 2. After lawsuit a. Total lineal feet in program: 350 lineal feet (210 lineal feet and 140 lineal feet at Canary Beach). b. Number of BSUs attributable to shoreline left in program: 7 BSUs. 3. Amount of BSUs provided nonabutters under program: 22 BSUs. 4. Non impact on BSUs available: Wiota Common 1. Current status a. Total lineal feet in program: 1360 lineal feet b. Number of BSUs this contributes for program: 27.2 BSUs 2. Situation if shoreline other than street ends is removed from program total lineal feet in program a. 210 lineal feet at street ends attributable to shoreline left in program: 4.2 BSUs 3. Amount of BSUs that could be provided to nonabutters ifa 4-slip dock is placed at each street end: 28 BSUs (4 BSUs/street end x 7 street ends) 4. Net impact on available BSUs: Wychwood Common 1. Current Status a. Total lineal feet in program: 1280 lineal feet b. Number of BSUs this contributes to program: 25.6 BSUs JBD-196700v3 MU220-6 1 -7130- H A RTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com KAREN R. COLE Attorney at Law Direct Dial (612) 337-9212 email: kcole~kennedy-graven.com April 19, 2001 Mayor Meisel and Members of the City Council Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Bailey et al. v. Lien et al. Court File No.: MC97-15540 Our File No.' BE295-34 Dear Mayor and Council Members: This is, I hope, my last report to you on the Woodland Point litigation. The Woodland Point Litigation Most of you are very familiar with the Woodland Point litigation. A short summary of the litigation follows for the benefit of the new council members who may not have followed it. The case was brought to apportion rights and responsibilities as to the Wawonaissa and Waurika Commons among four groups: the abutting landowners, the inlanders, the City and the public. The litigation was an outgrowth of an earlier case, Flack v. City of Mound, that was brought by six landowners on Wawonaissa Common against the City. in that case, the Court determined that the abutting landowners owned segments of the Common in front of their houses, but that the inlanders had some kind of interest, akin to an easement to some type, to use the Common. The Flack Court held that the City and the public did not have any interest in the parts of the Common at issue in that suit (the six segments of the Common adjoining the homes of the six plaintiffs). The Flack Court suggested that a new suit involving all the landowners in Woodland Point would be needed to really resolve everyone's interests in the entire Commons. The Bailey v. Lien et al. suit was brought in response to that suggestion. The suit was brought in the name of all the inlanders against all the abutting landowners and the City, and addressed rights as to Wawonaissa and Waurika Commons. KRC-196400vl BE295-34 -7131 - Mayor and Council Members April 19, 2001 Page 2 The Settlement Process After the suit was brought, there were extensive efforts to settle it. Judge Lange appointed a retired judge to assist in settlement discussions among the parties. After extensive efforts, the settlement process bogged down. The inlanders brought a motion asking Judge Lange to resolve a number of the issues in an attempt to move the case forward. As a result, the Judge made a number of critical decisions. First, he decided that because the Commons were private commons and there was insufficient evidence of widespread and sustained use by the public, the public as a whole (and therefore the City) does not have rights to use the Commons, except for Canary Beach which the Judge ruled is public. The Judge also found that the abutting landowners own the segments of Commons in front of their homes, but that the inlander homeowners in the Woodland Point subdivision have some rights akin to an easement of some type to use the Commons. The Judge said that further proceedings would be needed to determine the exact nature of the inlanders' rights. That ruling sparked another intensive round of settlement discussions. Those discussions were spearheaded by several landowners. Members of the City CoUncil also played a key role. The discussions focused in particular on dock rights. It was eventually determined that the abutters docks would no longer be part of the City's program, and that the City would construct multiple slip docks at the street ends for use by the inlanders. The initial draft of the Settlement Agreement was prepared by Mark Hanus. After further additional discussions, key landowners and the City Council agreed to it. The Settlement Agreement was then taken to all of the landowners in the Subdivision, and virtually all of them signed it. The Judge's approval of the Settlement Agreement was needed because all of the landowners had not signed the Agreement. In spring 2000, the Judge held a hearing to determine whether or not he should approve the Agreement. A few landowners who opposed the Agreement came to the hearing and presented evidence on their objections. The hearing focused on a dock in the lagoon off Bluebird Lane South, and on several landowners' interest in eliminating the dock at Woodland Road. Eventually, the Judge approved the Settlement Agreement, contingent on approval of variances by the Lake Minnetonka Conservation District (LMCD). The LMCD's Role Variances from the LMCD were needed because the strips of the Commons at the street ends were not wide enough for the multiple-slip docks under the LMCD's rules. Navigational easements were also needed to allow enough room for boats to maneuver in and out of the inner- most dock slips. Extensive discussions with the LMCD took place in 2000 culminating in KRC-196400vl BE295-34 -7132- Mayor and Council Members April 19, 2001 Page 3 approval by LMCD of the needed variances. As a condition of the variances, the LMCD imposed a number of requirements, which it required to be included in the Settlement Agreement as modified by the Judge. Specifically, the LMCD required that the following language be included in the Agreement: The City of Mound shall not assign, transfer or otherwise divest itself of any of its rights or responsibilities under this Agreement, or transfer, sell or convey its interests in the street end easements which are created by the Agreement, and any attempted assignment or transfer in violation of this section shall result in forfeiture of the right to maintain shared docks at the street ends After approval of the variances by LMCD, the Judge needed to approve the Settlement Agreement one last time, pursuant to his prior order. We also asked the Judge to make several additional changes to the Agreement, based on issues that had arisen after his preliminary approval. The Last Hearing The last hearing was held on April 2, 2001. At that hearing, we asked the Court to make several changes to the Agreement: To adopt the conditions imposed by the LMCD as part of the Agreement; To clarify how the asphalt walkway at the end of Woodland Lane would be handled (since Mike Gardner had raised issues as to it); and To clarify that the City may maintain and replace all utilities in the Commons. At the hearing, the inlanders' attorney also asked for a change to clarify that the parties to the Agreement may enforce it. Mike Gardner asked for several changes as well. Those proposed changes were not accepted by the Judge, except for one change requiring the City to remove the asphalt pathway near Woodland Lane when that asphalt is degraded. I revised the Settlement Agreement to reflect the changes the Judge said he would accept. On April 10, 2001, the Judge signed the Agreement. A copy of the Order signed by the Judge with the Settlement Agreement and attached Exhibits is attached. The City's Responsibilities Under the Settlement Agreement Exhibit C to the Judge's Order is the Settlement Agreement as modified by the Judge. The City has a number of responsibilities under the Settlement Agreement. These responsibilities are summarized below. KRC-196400vl BE295-34 -7133- Mayor and Council Members April 19, 2001 Page 4 The City will no longer administer its dock program as to the property on the Commons, except as to the street ends. The City has an easement at the street ends to construct multi-slip docks. There will be seven docks: · one 2-boat · one 4-boat · one 4-boat · one 4-boat · one 4-boat · one 2-boat · one 2-boat dock at Gull Lane dock at Finch Lane dock at Eagle Lane dock at Dove Lane dock at Bluebird Lane North dock at Woodland Road, and dock at Bluebird Lane South. Diagrams of these docks (except for the Bluebird Lane South dock) are attached to the Settlement Agreement. Slips at the docks will be available for use by the inlanders and, if not all taken by inlanders, by members of the public. The City will be responsible for maintenance and replacement of the docks. The City will also construct stairs at four locations (Bluebird Lane North, Dove Lane, Eagle Lane and Woodland Road) which are needed to provide access to the multiple-slip docks. The Agreement specified fees to be paid by the abutters to be applied to the costs of stairs construction. The Agreement indicates that the City will not be responsible for dealing with future disputes between the Woodland Point residents as to access to the Commons, trespassing or other features of the Agreement, but that any such disputes are to be resolved through the Court or mediation by the landowners. The purpose of this provision is to keep the City out of disputes among the landowners and to put the burden on the landowners to resolve these issues themselves. Lastly, the Agreement must be filed with the Hennepin County Recorder and Registrar of Titles, and must be mailed to the owners of all parcels in the subdivision.. We worked with the supervisor for the abstract and Torrens offices to assure that we will be able to file the document against all the parcels at minimal cost. The letters to the landowners will be ready to send out next week. If you have any questions about the Agreement, please let me know. Very truly yours, KENNEDY & GRAVEN, CHARTERED Karen R. Cole ICRC/cm Enclosure cc: Robert Weisbrod (LMCIT 11019873) John Dean KRC-196400v ! BE295-34 -7134- STATE OF MINNESOTA COUNTY OF HENNEPIN Blaine Bailey and Molly Bailey, et al., Petitioners, ¥. Robert M. Lien and Carol L. Lien, et al., Respondents. DISTRICT COURT FOURTH JUDICIAL DISTRICT Court File No. MC97-15540 ORDER The above entitled matter came on for hearing before the Honorable Steven Z. Lange, one of the Judges of this Court, on April 2, 2001 pursuant to the motion of the City of Mound to obtain approval of a settlement herein. Barbara Ross, Esq., appeared on behalf of petitioners. Marc Simpson, Esq., appeared on behalf of certain of the answering respon_~ents collectively referred to as the Wawonaissa Abutters; KRC~ 194124v3 1 BE295-34 -7135- Karen R. Cole, Esq. appeared on behalf of respondent City of Mound. Upon all of the files, records, and proceedings herein, the arguments of counsel, and the Court being fully advised in the premises, the Court makes the following: ORDER 1. The property affected and bound by this Order are the parcels listed in Exhibit A attached to this Order (collectively referred' to as the Property). 2. The Settlement Agreement (attached as Exhibit B) is hereby APPROVED, subject to the following modifications. a. Paragraph 4 is modified to read as follows: No more slips may be provided at any one location than are specified above, nor may fewer slips than specified be provided unless there is insufficient demand for slips by Woodland Point residents. These docks will be configured as straight docks. Tt-.e~u~.,~'~"~-~ ,.~.~..~,~,.a~;~"~+~a ~,,.r"' c.,~,.. .... ~,~,~.~,,,,~ maintain zetkacka A diagram of the dock at Gull Lane is attached as Exhibit 2~ a diagram of the docks at Finch Lane, Eagle Lane and Bluebird Lane North is attached as Exhibit 3; a diagram of the dock at Dove Lane is attached as Exhibit 4; and a diagram of the dock at Woodland Road is attached as Exhibit 5. In the event that any slip becomes unusable because of climatic or water level changes, the City is not obligated to provide additional dockage or provide alternative sites. Paragraph 10 is modified to read as follows: 10. Docks for the year 2000 2001 boating season will be assigned first to Woodland Point residents who paid a dock fee in 1999. Woodland Point residents who applied in 1999 but were not awarded a dock will get second priority for the year 2000 2001 boating season. The City will assign the remaining multiple dock slips in the year 2000 2001 and in following years with the following priorities: 1 st 2nd 3rd Woodland Point non-abutters Woodland Point non-abutters who want a second slip Non-Woodland Point Mound residents. KRC-194124v3 BE295-34 2 -7136- Persons who have been assigned slips will have priority in following years. c. Paragraph 18 is modified to read as follows: 18. The abutting properties will no longer be included in the City of Mound's shoreline count. The City will only count Canary Beach and the street ends in its total count. The abutters will no longer be part of the City's dock program in any way and will not pay any fee to the City. Abutters are permitted to maintain docks on their respective segments as defined in paragraph 1, consistent with the City's rights under paragraph 27 and consistent with requirements imposed by the LMCD as a condition for the grant of variances for construction of the multiple slip docks. d. Paragraph 19 is modified to read as follows: 19. ......................................... ~, ........ e wa way at Woodland Road will remain as it is until it is degraded to the point where it must be replaced, at which time the City will remove the asphalt and place black dirt and seeds at the location, without doing landscaping. At that time, petitioners will pay to place a sign at this location to delineate the walkway. e. Paragraph 36 is modified to read as follows: 36. All disputes arising out of this Settlement Agreement, unless privately mediated, shall be brought before the Court under the caption for MC97- 15540. 'The parties to this Agreement have the right to enforce this Agreement notwithstanding the rights of the LMCD under paragraph 37(e). f. A new paragraph (paragraph 3a) is added to read as follows: 3a. The City may retain, utilize, maintain and replace utilities presently located in Wawonaissa and Waurika Commons, including storm and sanitary sewer pipe, manholes, water lines and hydrants. Conditions imposed by the Lake Minnetonka Conservation District (LMCD). 3. The Settlement Agreement is further modified in the following way in order to comply with requirements imposed by the Lake Minnetonka Conservation District (LMCD) as a KRC- 194124v3 3 BE295-34 -7137- condition for the grant of variances needed for the construction of the multiple slip docks at street ends: The Settlement Agreement, as modified herein by the Court, is binding on all parties, their successors, heirs and assigns, and the Property, and runs with the Property, and provides permanent restrictions on utilization of the Property as follows: Non-abutters shall not place or maintain a dock, nor store or moor any boats at the commons, other than as provided in the Settlement Agreement at the shared docks at the Street Ends. Properties adjacent to the street ends at Finch Lane, Eagle Lane, Bluebird Lane North and Gull Lane (Lot 1, Block 2; Lot 4, Block 1; Lot 1, Block 3; Lot 4, Block 2; Lot 1, Block 6; Lot 4, Block 5; and Lot 1, Block 1), shall not place or maintain any structure, including, without limitation, a dock or store boats or any other watercraft closer than twenty (20) feet to the extension of the street end boundary nearest their Property, and hereby grant a navigational easement over the same area for the purpose of allowing ingress and egress to the shared docks adjacent to the Property described in this subparagraph. Co Properties adjacent to the street end of Dove Lane (Lot 1, Block 4; Lot 4, Block 3), shall not place or maintain any structure, including, without limitation, a dock or store boats or any other watercraft closer than ten (10) feet to the extension of the street end boundary nearest their Property, and hereby grant a navigational easement over the same area for the purpose of allowing ingress and egress to the shared docks adjacent to the Property described in this subparagraph. do The City of Mound shall not assign, transfer or otherwise divest itself of any of its rights or responsibilities under this Agreement, or transfer, sell or convey its interests in the street end easements which are created by the Agreement, and any attempted assignment or transfer in violation of this section shall result in forfeiture of the right to maintain shared docks at the street ends. eo The Lake Minnetonka Conservation District is considered a benefited party and may enforce subparagraphs 3(b) - (d) of this Order. f. For purposes of paragraph 3, the following definitions apPly: Abutters Owners of parcels in the Woodland Point subdivision that are listed in Exhibit 6 attached to this Agreement. ii. Commons Property Property included in Wawonaissa and Waurika Commons as shown on the plat for Woodland Point subdivision. KRC- 194124v3 BE295-34 4 -7138- iii. Non-abutters Persons owning private property in Woodland Point subdivision other than Abutters. iv. Street Ends The portions of Waurika and Wawonaissa Commons located between the street boundaries of Finch Lane, Eagle Lane, Bluebird Lane North, Gull Lane, Dove Lane and Woodland Road extended to Lake Minnetonka. 4. The Settlement Agreement as modified b.y this Order ("the Modified Settlement Agreement") is attached as Exhibit C. 5. All disputes arising out of the Modified Settlement Agreement, unless privately mediated, shall be brought before this Court under this caption. 6. The Court directs that the Hennepin County Registrar of Titles, shall file this Order with the Modified Settlement Agreement (Exhibit C) against the Property, specifically against each Certificate of Title affected. The Registrar shall charge $19.50 for the first memorial and shall make no charge for any additional memorials. 7. Copies of this Order shall be sent to counsel for the represented parties and to the pro se parties which shall be proper service for all purposes. ' /~ Dated: April ~, 2001. This document was approved by the Court A proposed order was drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 KRC KRC- 194124v3 BE295-34 5 -7139- EXHIBIT A To the Court's Order Parcels Affected and Bound By the Court's Order The following parcels in the Woodland Point Subdivision, City of Mound, Minnesota are affected and bound by the Court's Order. The torrens parcels are idemified by listing the certifi cate number. Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Lot 4, Block 1 Lot 5, Block 1 Lot 6, Block 1 Lot 7, Block 1 Lot 8, Block 1 Lot 9, Block 1 Lot 10, Block 1 Lot 11, Block 1 Lot 12, Block 1 Lot 13, Block 1 Lot 14, Block 1 Lot 15, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 3, Block 2~ Lot 4, Block Lot 5, Block 2 Lot 6, Block 2 Lot 7, Block 2 Lot 8, Block 2 Lot 9, Block 2 Lot 10. Block2 Lot 11. Block ~' Lot 12. Block 2 Lot 13. Block'2 Lot 14 Block2 Lot 15. Block2 Lot 16, Block 2 Lot 17, Block 2 Lot 18, Block 2 Lot 19, Block2 Torrens, CertificateNo. 809001 Torrens, Certificate No. 807575 .Torrens, Certificate No. 677773 -7140- Lot 1, Block 3[ Lot 2, Block 3~ Lot 3, Block 3- Lot 4, Block 3 Lot 5, Block 3 Lot 6, Block 3 Lot 7, Block 3~ Lot 8, Block 3 ~ Lot 9, Block~J Lot 10, Block 3 Lot 11, Block 3 Lot 12, Block 3 Lot 13, Block 3 Lot 14, Block 3 Lot 15, Block 3 Lot 16, Block 3 Lot 17 Block 3 Lot 18 Block 3 Lot 19 Block~ Lot 20 Block 3[ Lot 21 Block,.~ Lot 22 Block 3 Lot 23 Block 3 Lot 24 Block 3 Lot 1, Block 4 Lot 2, Block 4 Lot 3, Block 4 Lot 4, Block 4 Lot 5, Block 4 Lot 6, Block 4 Lot 7, Blocl~ 4[ Lot 8, Block.,~J Lot 9, Block 4 Lot 10. Block4 Lot 11. Block 4 Lot 12. Block4 Lot 13. Block'~ Lot 14. Block,~J Lot 15. Block 4 Lot 16. Block4 Lot 17. Block 4~ Lot 18. Block..~J Lot 19. Block 4 Lot 20. Block 4 Lot 21. Block4 Torrens, Certificate No. 784485 Torrens, Certificate No. 822303 Torrens, Certificate No. 749219 .Torrens, Certificate No. 548485 Torrens, Certificate No. 569899 Torrens, CerfificateNo. 475654 Torrens, Certificate No 468592 2 -7141 - Lot 22, Block 4 Lot 23, Block 4 Lot 24, Block 4 Lot 25, Block 4 Southwesterly half of Lot 26, Block 4, Northerly half of Lot 26, Block Lot 27, Block 4 Lot 1, Block 5 Lot 2, Block 5 Lot 3, Block 5 Lot 4, Block 5 Lot 5, Block 5 Lot 6, Block 5 Lot 7, Block 5 Lot 8, Block 5 Lot 9, Block 5 Lot 10, Block 5 Lot 11, Block 5 Lot 12, Block 5 Lot 13, Block 5 Lot 14, Block 5 Lot 15, Block 5 Lot 16, Block 5 Lot 17, Block 5 Lot 18. Block 5-'] Lot 19. Block 5 Lot 20. Block~ Lot 21~ Blocl~SJ Lot 22. Block 5~ Lot 23. Block'-5] Lot 24. Block~ Lot 25. Block~.[ Lot 26. Block 5 Lot 27 Block 5 Lot 28, Block 5 Lot 29, Block 5 Lot 30, Block 5 Lot 1, Block 6 Lot 2, Block 6 Lot 3, Block 6 Lot 4, Block 6 Lot 5, Block 6 Lot 6, Block 6 Lot 7, Block 6 Torrens, Certificate No. 694139 Torrens, CertificateNo. 842055 Torrens, CertificateNo. 802185 Torrens, Certificate No. 703000 Torrens, Certificate No. 733766 Torrens, Certificate No. 612547 3 -7142- Lot 8, Block 6 Lot 9, Block 6 Lot 10, Block q, Lot 11, Block 6~ Lot 12, Block~,~ Lot 13, Block.~I Lot 14, Block 6 Lot 15, Block 6 Lot 16, Block 6 Lot 17, Block 6 Lot 18, Block 6~ Lot 19, Block 6 Lot 20, Block 6 Lot 21, Block 6 Lot 22, Block 6 Lot 23, Block 6 Northerly 20 feet of Lot 24, Block6~ r That part of Lot 24 lying southerly o'F~ the northerly 20 feet thereof, Block 6~ Lot 25, Block 6 Lot 26, Block'S, Lot 27, Block 6.~ Lot 28, Block 6 Lot 29.,. Block 6 Lot 30, Block 6 Lot 31, Block 6 Lot 32, Block 6 Lot 1 Block7~ Lot 2 Block 7 Lot 3 Block 7 Lot 4 Block 7 Lot 5 Block 7 Lot 6 Block 7 Lot 7 Block 7 Lot 8 Block 7 Lot 9 Block 7 Lot 10, Block 7 Lot 11, Block 7 Lot 12, Block 7 Lot 13, Block 7 Lot 14, Block 7 Lot 15, Block 7 Lot 16, Block 7 Lot 17, Block 7 Lot 18, Block 7 Torrens, CertificateNo. 1030298 Torrens, Certificate No. 519901 Torrens, Certificate No. 665184 Torrens, Certificate No. 519901 Torrens, Certificate No. 665184 Torrens, Certificate 1030298 Torrens, Certificate No. 842841 4 -7143- Lot Lot Lot Lot Lot Lot 19. Block 7 20. Block 7 21 Block 7 22. Block 7 23. Block 7 24. Block 7 Lot 1, Block 8 Lot 2 Block 8 Lot 3 Block 8 Lot 4 Block 8 Lot 5 Block 8 Lot 6 Block 8 Lot 7 Block 8 Lot 8 Block 8 Lot 9, Block 8 Lot 10, Block 8 Lot 11, Block 8 Lot 12, Block 8 Lot 13, Block 8 Lot 14, Block 8 Lot 15, Block 8 Lot 16, Block 8 Lot 17, Block 8 Lot 18, Block 8 Lot 19, Block 8 Lot 20, Block 8 Lot 21, Block 8 Lot 22, Block 8 Lot 23, Block 8 Lot 24, Block 8 Lot 1, Block 9 Lot 2, Block 9 Lot 3, Block 9 Lot 4, Block 9 'Lot 5, Block 9 Lot 6, Block 9 Lot 7, Block 9 Lot 8, Block 9 Lot 9, Block 9 Lot 10, Block 9 Lot 11, Block 9 Lot 12, Block 9 Lot 13, Block 9 Lot 14, Block 9 5 -7144- Lot 15, Block 9 Lot 16, Block 9 Lot 17, Block 9 Lot 18, Block 9 Lot 19, Block 9 Lot 20, Block 9 Lot 21, Block 9 Lot 22, Block 9 Lot 23, Block 9'~ Lot 24, Block_2.J Lot 1, Block 10"'] Lot 2, Block ll0J North ½ of Lo~, Block 10 Southwesterly ½ ~f Lot 3, Block Lot 4, Block 10, Lot 5, Block 10 Lot 7, Block 10 Lot 8, Block 10 Lot 9, Block 10 Lot 10, Block 10 Lot 11. Block 10 Lot 12. Block 10 Lot 13. Block 10 Lot 14 Block 10 Lot 15. Block 10 Lot 16. Block 10 Lot 17. Block 10 Lot 18 Block 10 Lot 19 Block 10 Lot 20. Block 10 Lot 21. Block 1'~ Lot 22 Block 1_2j Lot 23. BlockT0l Lot 24, Block 10[ Lot 1, Block 11 Lot 2, Block 11 Lot 3, Block 11 Lot 4, Block 11 Lot 5, Block 11 Lot 6, Block 11 Lot 7, Block 11 Lot 8, Block 11 Lot 9, Block 11 Lot 10, Block 11 Torrens, Certificate No. 766266 Torrens, Certificate No. 626365 Torrens, Certificate No. 816740 .Torrens, Certificate No. 671534 Torrens, Certificate No. 754097 6 -7145- Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot 11, Block 11 12, Block 11 13. Block 1~ 14. Bloc~ ~ ~1 15. Block 11 16. Block 1 17, Block 1 18. Block 1 19. Block 1 20. Block 1 Lot 21. Block 1 Southwesterlyhalfof Lot 22, Block 1~ Northeasterly half of Lot 22, Block Lot 23, Block 11 Lot 24, Block 11 Lot 1, Block 12 Lot2, Block 12 Lot 3, Block 12 Lot 4, Block 12 Lot 5, Block 12 Lot 6, Block 12 Lot 7, Block 12 Lot 8, Block 12~ Lot 9, Block 12 [ Lot 10, Block 1~ Lot 11, Block 12 Lot 12, Block 12 Lot 13, Block 1~ Lot 14, Block 1~ Lot 15, Block 12~ Lot 16, Block 12~ Lot 17, Block 1~. Lot 18, Block 12~ Lot 19, Block 121 Lot 20, Block 12 Lot 21, Block 12 Lot 22, Block 12 Lot 23, Block 12 Lot 24, Block t2 Torrens Certificate No. 8330981/2 Torrens Certificate No. 718060 Torrens, Certificate No. 824852 .Torrens, Certificate No. 779135 .Torrens, CertificateNo. 730873 Torrens, Certificate No. 603013 146143 7 -7146- EXHIBIT B To Court's Order SETTLEMENT AGREEMENT Bailey et al. v. Lien et al. Hermepin Count), Court File No. MC97-15540 The parties to this lkigalion agree as follows: Proper~y interests '1. Owners of the adjoining parcels have fee simple title to segments of Wawonaissa and Waurika Commons. The boundaries of each segment are lines that emend from the side lines of the a~oining parcel. The parts of the Commons thai adjoin planed streets are owned in fee simple by the fee simple owners of the adjoining streets according to the normal rules for determining fee ownership of planed streets as'summarized in Exhibit ] to this Aoreement. Cmaary Beach is the portion of Waurika Common thru was delineated by the Court in its part/al summary judgment ruling dated March _3, 1999. Canary Beach has been dedicated to the public tt~'ough common lan, dedication and is subject to control by the 'City for parkland purposes. The public holds a perpetual exclusive easement for beach, park and dockage purposes in Canary Beach. All property owners in the Woodland Point. subdivision have an easement as to Wawonaissa Commons and Waurika Commons as those Commons are delineated on the 1906 Plat of Woodland Point. This Agreement describes the easement rights of the City and of all property owners in the Woodland Point subdivision over the Commons. The City has an easement in the segments of the Commons at street ends for purposes of the multiple Slip docks described in this Agreement; the boundaries of each such segment are lines that extend from the outer boundaries of the street to the lakeshore. Except for Canary Beach (where the public's easement is exclusive), the easements to use the Commons set forth in this Settlement Agreement are perpetual, non-exclusive easements appurtenant to all parcels in Woodland Point - abuuing parcels and inland parcels as the case may be. These easements supersede the easements in the Commons for private s~reets and avenues dedicated in *,he 1906 Plm of Woodland Point. Multiple slip docks to be provided by the CiD' The City will, through its dock fund, pay 100% of the cost of new mut~iple slip docks at s~-em ends in Woodland Point. This will consist of: one 2 - boat dock at Gull Lane; one 4 - boat dock al ~inch Lane; one 4 - boat dock at Eagle Lane; one 4 - boat dock at Dove Lane; one 4 - boal dock al Bluebird Lane North; one 2 - boal dock at Woodland Road; and one 2 - boat dock al Bluebird. Lane South. I<_RC- 165779v7 BE295-3a -7147- 7. t0. il [No more slips ma), be provided m an>, one location than are specihed gbove, nor m~y fewer slips ~ speci~ed be provided un]ess ~here is insu~c~ent dem~d for s]lps by ~oodland Point residents. These docks Mll b~ oo~zgur~d ms szrm[~h~ docks. Th~ do~ks designmed for four boas Will have dividers in order zo sepmrme the ~o boas on either side. Boas on the Woodland Aoad dock will be loomed on one side only in order to maintain s~tbacks. In the evem thru any slip becomes unusable b~cmuse of climatic or ~mer ]eve] change% ~e CiD~ is not obligmed ~o provid~ addi%ionM dockage or provide alternative sites. The CiTy wilt provide a maximum of 22 Bom Storage Units ("BSUs"), but not less than 22 BSUs unless there is insufficient demand, for the non-abusing residents in the furore as outlined herein under the City's blanket Lake Mirmetonka Conserv'ation District ("LMCD") license. The parties agree that they will use their best efforts and will cooperate to obtain any approvals that ma>, be needed from LMCD for construction of the multiple slip docks. The City will ins'call and remove its docks each year. The City will be responsible for all maintenance or replacement of its docks in the future, at its discretion. The CiD' will administer a dock program for the multiple slip docks referred to in paragraph 4. This will include, but will not be limited to collecting fees, sending mailings and notices, and maintaining records and waiting lists. Docks for the year 2000 boating season will be assigned first to Woodland Point residents who paid a dock fee in 1999. Woodland Point residents who applied in 1999 but were not awarded a dock will get second priority for the year 2000 boating season. The City will assign the remaining multiple dock slips in the >,ear 2000 and in following, years with the following priorities: . 2nd 3rd Woodland Point non-abutters Woodland Point non-abutters who want a second slip Non-Woodland Point Mound residents. Persons who have been assigned slips will have priority in following years. An>, Woodland Point residents using 'the multiple docks who are assigned a second slip will pay a second full'dock fee. Notwithstanding paragraph 10, Woodland Point residents with a second slip will not be reassigned a second slip for any season in which demand can not otherwise be met for primary slips. KRC-165779v7 BE295-3~ 2 -7148- 12. 13. 14. 15. 16. 17. lg. 19. 20. 21. Alt multiple dock slip holders will be assigned slips at the location ctoses': to their homes to the extent possible. (This could result in slip holders being moved from >,ear to >,ear as applicants change,) Multiple dock slip fees will be the same as fees for multiple dock slips throughout the rest of the City. These fees are currently $150 per slip, plus the LMCD boat fee. In the event that a Woodland Poim resident applies for a .slip on a multiple slip dock in Woodland Point and that dock has a slip assigned to a non-Woodland Point resident, the non-Woodland Point resident wilt be assigned a slip outside Woodiand Point at the first opportunity but that resident will not be moved until a n~w location becomes mvailabl~. There will be no access to the Commons via Gull Lane due to topographic conditions. All such access will be only from Finch Lane or further west to the Commons leading up to the Oul] Lane dock, except for those property owners between Oul] Lane and Finch ' Lane who ma), access the .Commons directly from their property. Any non-Woodland Point residents who are assigned slips on the multiple docks must access them through the street end and not across the Commons. Because there is no access via Gull Lane, slips on the Gut] Lane dock may not be assigned to any non- Woodland Point resident. k is recommended that the non-abutting slip holders walk to their sites, tt is further recommended that their guests park at the slip holder's homes. The abutting properties will no longer be included in the City of Mound's shoreline count. The City .will only count Canary Beach and the street ends in its total count. The abutters will no longer be part of the City's dock program in any way and will not pay any fee to the City. Abutters are permitted to maintain docks on their respective segments as defined in paragraph 1, consistent with the City's rights under paragraph 2?. It is expected that the LMCD will honor the fee title and that no LMCD license will be required from the abuners. Wood]and Road will have a 12-foot wide unimproved walkway centered on the road for access to the two-boat multiple dock. _ All non-abuners will remove their existing doc~, lifts, and other dock rela~ged hardware from the water and easement (Commons and street ends) by December 1, 1999, or they will forfeit their slips for the following year. During winter months, the multiple slip docks will be stored on the Commons at the street ends or, if necessm9, because of topography or snow removal needs, as close to the street ends as possible. The dock at Bluebird Lane South will remain installed year round unless conditions, as determined b7 the Ci%,, require removal for personal Safety, protection of the dock itself, or other reasons not realized at this time. KRC- ] 65779v7 BE295-3a -7149- 22. 23. 24. 25. 26. Righm 27. 28. Claims 29. It is understood that the City. wi]] not be doing any dredging in the xdcinky of Bluebird Lane. South. Owners of the Hillier property (1551 Canary Lane) '~hat abuts Canary Beach are assured a dock location on thc frontage of that property au the west end of the £anau Beach property, provided that the boat/dock complex does not encroach beyond the Beach's west property line. The City will construct stairs at Bluebird Lane North, Dove Lane, Eagle Lane and Woodland Road. Abutters wLll pa), a one-time fee of $300 per household for stairs construction. The multiple slip users will pa), a $50 per year per slip surcharge for 5ye years only. The Cky will pa), the remaining costs from the dock fund. After five years, the surcharge will end and the Cky will be responsible for future maintenance. Do6k fees paid by an), abutting property owner in Woodland Point for the 71999 season wilt be credi.ted toward the one time stair charge. The balance due will be billed. All rules and regulations as revised over time and published each year by the City that apply to other Mound multiple slip docks will apply to the multiple slip docks in Woodland Point except as stated above. to regulate and use Commons The City will retain regulatory control over Wawonaissa and Waurika Commons only to the extent it has authority over other private lakeshore in the City. Amy dispmes between neighbors on access, trespassing, or other negotiated agreements between the parties are to be explored.and resolved in civil proceedings or mediation rather than through the City. All residents of Woodland Point have an easement to access the Commons at street ends and to traverse the Commons close to the lakeshore. Neither abutters nor non-abutters may obstruct the walkway. Absolutely no motorized vehicles will be allowed, and there will be foot traffic only. Guests should be accompanied by a Woodland Poim resident. The City will not exercise authority in these civil matters. Any disputes between neighbors on access, trespassing, or other negotiated agreements between the parties are to be explored and resolved in civil proceedings or mediation rather than through the Ci~,. Given Up In exchange for benefits under this Agreement, the parties agree to give up their rights to ' bring claims set out in or relating to the complaint and answers in this case, and agree to give up all claims which, could 'have been raised relating to Wawonaissa or Waurika Commons. KP,.C - 165779v7 BE295-34 4 -7150- Interpretation, enforcement and notice of this Agreement 30. This Agreement is the complete agreement of the pm-ties relating to this action. This means that no party ma), re]5' on prior conversations or statements in interpreting this Agreement. 31. This Agreement will run with the land. This means that the agreement will bind all .persons with an interest in the Commons in the future. ,. This Agreement is contingent on receiving any approvals that ma>, be needed from LMCD or other government bodies for installation of the multiple slip docks. 33. This Agreement ma), be executed in counterparts. This means that it is not necessary for each part>, to sign the same cop>, of the Agreement, but that parties ma>, sign separate copies 9f the Agreement. 34. A cop), of this Agreement and Order will be mailed to the Owners of all parcels in Woodland Point using the addresses that are maintained by the city', or count>, assessor. Certified copies of this Agreemem and Order will be filed with the Hem~epin County Recorder and Registrar of Titles against all parcels in Wood]and Point. 35. It is understood that the prior ruling of the Cour~ is of no legal effect, and that this Agreement controls. City of Mound By: Pat Meisel I~s: Mayor STATE OF MINNESOTA · ) ) ss COUNTY OF HENNEPIN )' The of said Chy. foregoing instrument was ack_nowledged before me this da), of , 19__ by Pat Meisel, Mayor of the City of Mound, Minnesota, on behalf Notary Public KRC-165779v7 BE295-34 5 -7151 - EXHIBIT 1 TO SETTLEMENT AG1R.EEMENT SEGMENT OF WAWONAISSA COMMON AD,.IACENT TO: South 1/2 of Woodland Road North 1/2 of Woodland Road SEGMENT OF WAUR_IKA COMMON AD.IACENT TO: West 1/2 of Bluebird Lane East 1/2 of Bluebird Lane West 1/2 of Canary Lane East 1/2 of Canary Lane West 1/2 of Dove Lane East t/2 of Dove Lane - West 1/2 of Eagle Lane East 1/2 of Eagle Lane West 1/2 of Finch Lane East 1/2'of Finch Lane West 30' of Gull Lane LOT IN WOODLAND POLNT TO WHICH IT IS 'APPURTENANT Lot 24, Block 7 Lot t 8, Block {5 LOT IN WOODLAND POINT ~ TO WHICH IT IS APPURTENANT Lot 1, Block 6 Lot 4, Block 5 Lot 1, Block 5 Lot 4, Block 4 Lot l, Block 4 Lot 4, Block 3 Lot 1, Block 3 Lo~ 4, Block 2 Lot 1, Block 2 Lot 4, Block 1 Lot l, Block 1 -71 52- EXHIBIT C To Court's Order SETTLEMENT AGREEMENT As Modified by Court Order Bailey et al. v. Lien et al. Hennepin County Court File No. MC97-15540 The parties to this litigation agree as follows: Property interests Owners of the adjoining parcels have fee simple title to segments of Wawonaissa and Waurika Commons. The boundaries of each segment are lines that extend from the side lines of the adjoining parcel. The parts of the Commons that adjoin platted streets are owned in fee simple by the fee simple owners of the adjoining streets according to the normal rules for determining fee ownership of platted streets as summarized in Exhibit 1 to this Agreement. Canary Beach is the portion of Waurika Common that was delineated by the Court in its partial summary judgment ruling dated March 3, 1999. Canary Beach has been dedicated to the public through common law dedication and is subject to control by the City for parkland purposes. The public holds a perpetual exclusive easement for beach, park and dockage purposes in Canary Beach. All property owners in the Woodland Point subdivision have an easement as to Wawonaissa Commons and Waurika Commons as those Commons are delineated on the 1906 Plat of Woodland Point. This Agreement describes the easement rights of the City and of all property owners in the Woodland Point subdivision over the Commons. The City has an easement in the segments of the Commons at street ends for purposes of the multiple slip docks described in this Agreement; the boundaries of each such segment are lines that extend from the outer boundaries of the street to the lakeshore. Except for Canary Beach (where the public's easement is exclusive), the easements to use the Commons set forth in this Settlement Agreement are perpetual, non-exclusive easements appurtenant to all parcels in Woodland Point - abutting parcels and inland parcels as the case may be. These easements supersede the easements in the Commons for private streets and avenues dedicated in the 1906 Plat of Woodland Point. 3a. The City may retain, utilize, maintain and replace utilities presently located in Wawonaissa and Waurika Commons, including storm and sanitary sewer pipe, manholes, water lines and hydrants. Multiple slip docks to be provided by the City The City will, through its dock fund, pay 100% of the cost of new multiple slip docks at street ends in Woodland Point. This will consist of: one 2 - boat dock at Gull Lane; one 4 - boat dock at Finch Lane; KRC-194125v3 BE295-34 1 -7153- o ° ° 10. one 4 - boat dock at Eagle Lane; one 4 - boat dock at Dove Lane; one 4 - boat dock at Bluebird Lane North; one 2 - boat dock at Woodland Road; and one 2 - boat dock at Bluebird Lane South. No more slips may be provided at any one location than are specified above, nor may fewer slips than specified be provided unless there is insufficient demand for slips by Woodland Point residents. These docks will be configured as straight docks. A diagram of the dock at Gull Lane is attached as Exhibit 2; a diagram of the docks at Finch Lane, Eagle Lane and Bluebird Lane North is attached as Exhibit 3; a diagram of the dock at Dove Lane is attached as Exhibit 4; and a diagram of the dock at Woodland Road is attached as Exhibit 5. In the event that any slip becomes unusable because of climatic or water level changes, the City is not obligated to provide additional dockage or provide alternative sites. The City will provide a maximum of 22 Boat Storage Units ("BSUs'), but not less than 22 BSUs unless there is insufficient demand, for the non-abutting residents in the future as outlined herein under the City's blmtket Lake Minnetonka Conservation District ("LMCD") license. The parties agree that they will use their best efforts and will cooperate to obtain any approvals that may be needed from LMCD for construction of the multiple slip docks. The City will install and remove its docks each year. The City will be responsible for all maintenance or replacement of its docks in the future, at its discretion. The City will administer a dock program for the multiple slip docks referred to in paragraph 4. This will include, but will not be limited to collecting fees, sending mailings and notices, and maintaining records and waiting lists. Docks for the year 2001 boating season will be assigned first to Woodland Point residents who paid a dock fee in 1999. Woodland Point residents who applied in 1999 but were not awarded a dock will get second priority for the year 2001 boating season. The City will assign the remaining multiple dock slips in the year 2001 and in following years with the following priorities: 1 st Woodland Point non-abutters 2nd Woodland Point non-abutters who want a second slip 3rd Non-Woodland Point Mound residents. Persons who have been assigned slips will have priority in following years. KRC-194125v3 BE295-34 2 -7154- 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Any Woodland Point residents using the multiple docks who are assigned a second slip will pay a second full dock fee. Notwithstanding paragraph 10, Woodland Point residents with a second slip will not be reassigned a second slip for any season in which demand can not otherwise be met for primary slips. All multiple dock slip holders will be assigned slips at the location closest to their homes to the extent possible. (This could result in slip holders being moved from year to year as applicants change.) Multiple dock slip fees will be the same as fees for multiple dock slips throughout the rest of the City. These fees are currently $150 per slip, plus the LMCD boat fee. In the event that a Woodland Point resident applies for a slip on a multiple slip dock in Woodland Point and that dock has a slip assigned to a non-Woodland Point resident, the non-Woodland Point resident will be assigned a slip outside Woodland Point at the first opportunity but that resident will not be moved until a new location becomes available. There will be no access to the Commons via Gull Lane due to topographic conditions. All such access will be only from Finch Lane or further west to the Commons leading up to the Gull Lane dock, except for those property owners between Gull Lane and Finch Lane who may access the Commons directly from their property. Any non-Woodland Point residents who are assigned slips on the multiple docks must access them through the street end and not across the Commons. Because there is no access via Gull Lane, slips on the Gull Lane dock may not be assigned to any non- Woodland Point resident. It is recommended that the non-abutting slip holders walk to their sites. It is further recommended that their guests park at the slip holder's homes. The abutting properties will no longer be included in the City of Mound's shoreline count. The City will only count Canary Beach and the street ends in its total count. The abutters will no longer be part of the City's dock program in any way and will not pay any fee to the City. Abutters are permitted to maintain docks on their respective segments as defined in paragraph 1, consistent with the City's rights under paragraph 27 and consistent with requirements imposed by the LMCD as a condition for the grant of variances for construction of the multiple slip docks. The walkway at Woodland Road will remain as it is until it is degraded to the point where it must be replaced, at which time the City will remove the asphalt and place black dirt and seeds at the location, without doing landscaping. At that time, petitioners will pay to place a sign at this location to delineate the walkway. All non-abutters will remove their existing docks, lifts, and other dock related hardware from the water and easement (Commons and street ends) by December 1, 1999, or they will forfeit their slips for the following year. KRC~194125v3 BE295-34 3 -7155- 21. During winter months, the multiple slip docks will be stored on the Commons at the street ends or, if necessary because of topography or snow removal needs, as close to the street ends as possible. The dock at Bluebird Lane South will remain installed year round unless conditions, as determined by the City, require removal for personal safety, protection of the dock itself, or other reasons not realized at this time. 22. It is understood that the City will not be doing any dredging in the vicinity of Bluebird Lane South. 23. Owners of the Hillier property (1551 Canary Lane) that abuts Canary Beach are assured a dock location on the frontage of that property at the west end of the Canary Beach property, provided that the boat/dock complex does not encroach beyond the Beach's west property line. 24. The City will construct stairs at Bluebird Lane North, Dove Lane, Eagle Lane and Woodland Road. Abutters will pay a one-time fee of $300 per household for stairs construction. The multiple slip users will pay a $50 per year per slip surcharge for five years only. The City will pay the remaining costs from the dock fund. After five years, the surcharge will end and the City will be responsible for future maintenance. 25. Dock fees paid by any abutting property owner in Woodland Point for the 1999 season will be credited toward the one time stair charge. The balance due will be billed. 26. All rules and regulations as revised over time and published each year by the City that apply to other Mound multiple slip docks will apply to the multiple slip docks in Woodland Point except as stated above. Rights to regulate and use Commons 27. The City will retain regulatory control over Wawonaissa and Waurika Commons only to the extent it has authority over other private lakeshore in the City. Any disputes between neighbors on access, trespassing, or other negotiated agreements between the parties are to be explored and resolved in civil proceedings or mediation rather than through the City. 28. All residents of Woodland Point have an easement to access the Commons at street ends and to traverse the Commons close to the lakeshore. Neither abutters nor non-abutters may obstruct the walkway. Absolutely no motorized vehicles will be allowed, and there will be foot traffic only. Guests should be accompanied by a Woodland Point resident. The City will not exercise authority in these civil matters. Any disputes between neighbors on access, trespassing, or other negotiated agreements between the parties are to be explored and resolved in civil proceedings or mediation rather than through the City. KRC-194125v3 BE295-34 4 -7156- Claims Given Up 29. In exchange for benefits under this Agreement, the parties agree to give up their rights to bring claims set out in or relating to the complaint and answers in this case, and agree to give up all claims which could have been raised relating to Wawonaissa or Waurika Commons. Interpretation, enforcement and notice of this Agreement 30. This Agreement is the complete agreement of the parties relating to this action. This means that no party may rely on prior conversations or statements in interpreting this Agreement. 31. This Agreement will run with the land. This means that the agreement will bind all persons with an interest in the Commons in the future. 32. This Agreement is contingent on receiving any approvals that may be needed from LMCD or other government bodies for installation of the multiple slip docks. 33. This Agreement may be executed in counterparts. This means that it is not necessary for each party to sign the same copy of the Agreement, but that parties may sign separate copies of the Agreement. 34. A copy of this Agreement and Order will be mailed to the owners of all parcels in Woodland Point using the addresses that are maintained by the city or county assessor. Certified copies of this Agreement and Order will be filed with the Hennepin County Recorder and Registrar of Titles against all parcels in Woodland Point. 35. It is understood that the prior ruling of the Court is of no legal effect, and that this Agreement controls. 36. All disputes arising out of this Settlement Agreement, unless privately mediated, shall be brought before the Court under the caption for MC97-15540. The parties to this Agreement have the right to enforce this Agreement notwithstanding the rights of the LMCD under paragraph 37(e). Conditions imposed by the Lake Minnetonka Conservation District (LMCD). 37. The Settlement Agreement is modified in the following way in order to comply with requirements imposed by the Lake Minnetonka Conservation District (LMCD) as a condition for the grant of variances needed for the construction of the multiple slip docks at street ends: The Settlement Agreement, as modified herein by the Court, is binding on all parties, their successors, heirs and assigns, and the Property, and runs with the Property, and provides permanent restrictions on utilization of the Property as follows: KRC-194125v3 BE295~34 5 -7157- ao bo do eo Non-abutters shall not place or maintain a dock, nor store or moor any boats at the commons, other than as provided in the Settlement Agreement at the shared docks at the Street Ends. Properties adjacent to the street ends at Finch Lane, Eagle Lane, Bluebird Lane North and Gull Lane (Lot 1, Block 2; Lot 4, Block 1; Lot 1, Block 3; Lot 4, Block 2; Lot 1, Block 6; Lot 4, Block 5; and Lot 1, Block 1), shall not place or maintain any structure, including, without limitation, a dock or store boats or any other watercraft closer than twenty (20) feet to the extension of the street end boundary nearest their Property, and hereby grant a navigational easement over the same area for the purpose of allowing ingress and egress to the shared docks adjacent to the Property described in this subparagraph. Properties adjacent to the street end of Dove Lane (Lot 1, Block 4; Lot 4, Block 3), shall not place or maintain any structure, including, without limitation, a dock or store boats or any other watercraft closer than ten (10) feet to the extension of the street end boundary nearest their Property, and hereby grant a navigational easement over the same area for the purpose of allowing ingress and egress to the shared docks adjacent to the Property described in this subparagraph. The City of Mound shall not assign, transfer or otherwise divest itself of any of its rights or responsibilities under this Agreement, or transfer, sell or convey its interests in the street end easements which are created by the Agreement, and any attempted assignment or transfer in violation of this section shall result in forfeiture of the right to maintain shared docks at the street ends. The Lake Minnetonka Conservation District is considered a benefited party and may enforce subparagraphs 37(b) - (d) of this Order. For purposes of paragraph 37, the following definitions apply: Abutters Owners of parcels in the Woodland Point subdivision that are listed in Exhibit 6 attached to this Agreement. ii. Commons Property Property included in Wawonaissa and Waurika Commons as shown on the plat for Woodland Point subdivision. iii. Non-abutters Persons owning private property in Woodland Point subdivision other than Abutters. KRC-194125v3 BE295-34 6 -7158- iv. Street Ends The portions of Waurika and Wawonaissa Commons located between the street boundaries of Finch Lane, Eagle Lane, Bluebird Lane North, Gull Lane, Dove Lane and Woodland Road extended to Lake Minnetonka. This document drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 ICRC KRC- 194125v3 BE295-34 7 -7159- EXHIBIT 1 TO SETTLEM[ENT AGREEMENT SEGMENT OF WAWONAI$$A . COMMOtN ADJACENT TO: South 1/2 of Woodland Road North 1/2 of Woodl~d Road SEGMENT OF WAUR_IIC~i COMMON ADJACENT TO' West 1/2 of Bluebird Lane · East t/2 of Bluebird Lane West t/2 of Canary Lane East 1/2 of CanaU Lane West 1/2 of Dove Lane East 1/2 of Dove La_ne West 1/2 of Eagle Lame East 1/2 of Eagle Lane West 1/2 of Finch Lane Eas'~ 1/2'of Finch Lane We.st _30' of Gull Lane LOT lan WOODLAND POINT TO WHICH IT IS APPURTENANT Lo[ 24, Block 7 Lot 18, Block 6 LOT ~'q WOODLAND POla"4T : TO WHICH IT IS APPURTENANT Lot I, Block Lot 4, Block Lot 1, Block Lot 4, Block Lot 1, Block Lot 4, Block Lot !, Block Lot 4, Block Lot 1, Block Lot 4, Block Lot 1, Block -7160- EXHIBIT 2 TO SETTLElVIENT AGREEMENT lo'x -7161 - EXI-tI~BIT 3 TO SETTLEMENT AGREEM.ENT 7_ Io' x zq ~ -7162- EXHIBIT 4 TO SETTLEMZNT AGREEMENT ILZ_! I I .J -7163- EXHIBIT 5 TO SETTLEIMY_~NT AGREEI¥~NT 1 ~'I 1 I 1 I I 1 l I l'~ t~1 ! f .[ -7164- EXHIBIT 6 TO SETTLEMENT AGREEMENT Abutters for purposes of paragraph 3 of the Court's Order and paragraph 3 7 of the Modified Settlement Agreement are owners of the following parcels in the Woodland Point Subdivision, City of Mound, Minnesota: Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Lot 4, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 Lot 1, Block 3 Lot 2, Block 3 Lot 3, Block 3 Lot 4, Block 3 Lot 1, Block 4 Lot 2, Block 4 Lot 3., Block 4 Lot 4, Block 4 Lot 1, Block 5 Lot 2, Block 5 Lot 3, Block 5 Lot 4, Block 5 Lot 1, Block 6 Lot 2, Block 6 Lot 3, Block 6 Lot 4, Block 6 Lot 5, Block 6 Lot 6, Block 6 Lot 7, Block 6 Lot 8, Block 6 Lot 9, Block 6 Lot 10, Block 6 Lot 11, Block 6 Lot 12, Block 6 Lot 13, Block 6 KRC-194621vl BE295-34 1 -7165- Lot 14, Block Lot 15, Block Lot 16, Block Lo't 17, Block Lot 18, Block Lot 15, Block Lot 16, Block Lot ] 7, Block Lot 18, Block Lot 19, Block Lot 20, Block Lot 21, Block Lot 22, Block Lot 23, Block Lot 24, Block 7 7 7 7 7 7 7 7 7 7 K.RC- 19462 BE295-34 2 -7166- THIS PAGE IS INTENTIONALLY LEFT BLANK -7167- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 April 30, 2001 TO: FROM: SUBJECT: Request to add a City own d Memorandum Mayor/City Council Jim Fackler, Park Direct at Beachside South. This year the two residents that held the rights to the two Mound City dock sites on the 601nft of shoreline at Beachside South on Three Points failed to meet renewal deadlines. This is a dockage area that recently had three dock sites and was reduced to two sites when one came available. Now with the two remaining sites coming open staff, with the DCAC approval, would like to install a single three slip city dock to reduce congestion. The DCAC original recommendation was to see if four slips could be added. Upon revenue by staff it was noted that with the Lake Minnetonka Conservation District (LMCD) setback rules there is not enough lineal footage of shoreline on the site to allow four slips. A navigation passage the width of the interior slip is needed between the outer slip and the setback to private property. Currently there is 321nft of dock material left over from the reduction of the Pembroke dock that is not being used. There would only be a need to purchase another 321nft of dock for about $1500.00 and increase the In/Out fees by $300.00 with all expenses against the Dock Fund. If the City Council agrees that this is a viable plan and the Lake Minnetonka Conservation Districts approves the change staff would like to proceed with the installation. cc: Kandis Hanson, City Manager DCAC -7169- -7170- I I -7171 - i Docks and Commission Minutes April 19, 2001 5. DISCUSS: DOCKAGE AT BEACHSIDE SOUTH This year the two residents that held the rights to the two Mound City dock sites on the 601nft of shoreline at Beachside South on Three Points failed to meet renewal deadlines. This is a dockage area that recently had three dock sites and was reduced to two when one site came available. Now with the remaining two sites coming open staff would like to look into installing a single two slip city dock. Currently there is 321nt of dock material left over from the reduction of the Pembroke dock that is not being used. We would only need to purchase another 211nft of dock for approximately $1,500 and increase In/out fee's by $300. If the DCAC feels this is a viable plan I would like to proceed to LMDC to see if I would have any matters that would need to be resolved with them. Then I would like to move this proposal to the City Council to ask for expenditure from the Dock Fund. Staff has two residents on the waiting list that are very interested in seeing this done early enough so they will not miss any of the 2001 boating season. Staff recommends approaching with only three boats. -7172- MEMORANDUM To: Kandis Hanson From: Jodi Rahn Subject: Island Park Hall Date: May 2, 2001 The attached information is Park minutes containing any information on Island Park Hall from 1993 through April 2001. This information was requested by Council Member Peter Meyer and he asked it to be put into the next City Council packet. -7173- PO$C ~inut~ 9-11-97 MINUTES september 11 ~ ~i:§§~ C~ty Co~cil Representat,~ve ,~ah .WeFo~er, Parks Director J~m Fackle~, aha g,creta~ dla-~e L~ T~B~ ~se,t aha excmSe4 were~ Ma=ily~ B~es. The f011.6Wi~g inte~&~{~ CitiZens Were present: CommiSSioners discussed repairs needed at Island pack Hall and the lack o~ parking, Other uses for the hail Were Suggest.ed. Fa.ckler noted ~e ~k ~ehicl,es am located aG Bis s~.te,, salt ~s,a-t ~imeS, stored in the winter, and the. impOunded vehi:Cles:.~ a~e located here as well. Weycker was concerned why ~e bUilding can remain in its current conditi~n~ Cas~¥ asked if i~t is a high ma£nte~ance building. Fackle~ stated the heating~systemis not good, and it is only Used for electiOns. He sta~e~ there iS water ~amage inside the building. We¥¢~er s~gges~,edtheBui~dingO~ic~aI %akea look at~e building and ~dentl£¥ ~a.~ needs to be 4Ohe. Motion ~]~ We2oker, seoondod by Meyer ~o rooommend the Building (~ff%bia~' View ~he bUildi~ ~ Ji~ ~h~ ~$~ &h estimate 6f what needs tO be done to bring thJ building up to par. H0~i0n Casey suggested residents be surveyed.tO suggest uses for ~e building, weycker suggested we hear what.the B~ilding Official. finds OUt first. '., ~ 2 -7174- PARK & OPEN ~PACE COMMI~IO?g MINU2F~- OCTOBER ~, 19~ PARK AND OPEN spAQE C OMMIGSION MiiNU 1997 Present were: Peter Meyer, Bev Botko, R£ta pederson~. TOm"Casey, Ci%y CoUnsil RePresentative Leah W~yck6r, parks D~rector Ji~ FaCkler, ~ Secretary Clare Link. Those hbsen% and excused Were. MarilY~ Byrnes. Also in attendance were: attendance~ no one m~er~ of the public were in ~tion m~ebYXe2er, seoon~eab2Bot~o to approve the: minu~es of the September 11, 1997 Park ~d Open Space commission meetin~ as enended~.Kotion, page 3~ *'reOommend app=OVai of all native plants**,,, xotion Carried unanimously. F~TU_~_~ USE OF,.IS_L~ND pARK HALL Fackl.er reviewed the.mem°,'f'rom~e Bu£1a!.ng offi*ia!' He states a use h&~ ~6 ~~e~xned'~e~ore he can s~a~ what needs to be done to th~ buildlng. Weycker stated an architect would be able to check the building to see if it meets requirements. Pederson asked if the roof could be repaired if needed. Fackler stated.yoU don't ha~e to have a use to. r~p~ir the roof, windows, and paint,,but the expense has.to, be jUstified. Casey suggested a study be done and the building preserved through -7175- PARK AND OPEN SPACE COMMISSION MINUTES December 11, 1997 Present were: Peter Meyer, Bev Botk°, Rita Pederson, Tom Casey, Marilyn Byrnes, Park .Director Jim Faclder, and Secretary Clare Link and the .following interested citizens: Sue Crawford, Christine Fitz and Mary Berglund. Those absent and excused were: Council Representative Leah Weycker. Motion made by Byrnes, seconded by Pederson to approve the minutes of the October 9, 1997 Park and Open Space Commi~ion meeting as amended: meeting adjourned at 9:30 p.m. Motion carried unanimously. FUTURE USE OF ISLAND PARK HALI~ Commissioners stated they agreed at the work session the hall should not deteriorate any further. Casey stated there is some routine maintenance which needs to be done. Meyer stated it is not important to have a use for the building in order to have the building maintained. Pederson believed the City should uphold its ordinances and keep the building maintained. Commissioners discussed the work that needs to be done to maintain the outside of the.building. Motion by Casey, seconded by Byrnes to make the following repairs: for the roof and repair and replace windows. Motion carried unanimously. Commissioners discussed the future is of the hall. Casey suggested asking for suggestions from residents. Byrnes suggested it be used as a park shelter during inclement weather. Motion by Casey, seconded by Pederson to request staff to place an article in the next City newsletter asking for input from residents. Motion carried unanimously. Byrnes believed the building should be designated as a historical site. -7176- PARK AND OPEN SPACE COMMISSION MINUTES January 8, 1998 Present were: Peter Meyer, Bev Botko, Rita Pederson, Tom Casey, City Council Representative Leah Weycker, Parks Director Jim Fackler, and Secretary Clare Link. Those absent and excused were: none. Marilyn Byrnes has resigned. MINUTES Motion made by Botko, seconded by Pederson to approve the minutes of the December 11, 1997 Park and Open Space Commission meeting, as written. Motion carried 4-0-1. Weycker abstained from voting. FUTURE USE OF ISLAND PARK HALL Fackler stated he is getting estimates on the roof. He was concerned about getting estimates for the windows when they'll just be broken again. Weycker felt it would be premature to fix the windows until a use is determined. Meyer believed the building the roof should be fixed, windows replaced, and the building painted. Pederson discussed the importance of showing pride of ownership and reaching out to the citizens for their input on uses. Commissioners discussed window replacement. Casey suggested getting an estimate to determine how much it will cost to repair the windows. Fackler stated he will get an estimate. Commissioners reviewed the motion made at the previous meeting. The motion will stand as written. Pederson asked whether the goal is to save the building. It was agreed it is. Weycker believed it is worth contacting the Historical Society for state funding. She offered to call them. She will also contact the local paper to discuss an article. -7177- PARK AND OPEN SPACE COMMISSION MINUTES February 12, t 998 Present were: Peter Meyer, Bev Botko, Rita Pederson, and Tom Casey. Also present was Secretary Clare Link. Those absent and excused were: City Council Representative Leah Weycker and Park Director Jim Fackler MINUTES Motion made by Meyer, seconded by Botko to approve the minutes of the January 8, 1998 Park and Open Space Commission meeting, as amended: Page 4, 4th paragraph: change to read: Casey discussed a possible conservation easement with the Minnesota Land Trust on the property, with the consent of the landowner. Motion carried unanimously. FUTURE USE OF ISLAND PARK HALL Commissioners reviewed information provided on windows for Island Park Hall. Pederson suggested estimates be solicited from window companies. Commissioners didn't like any of the window samples provided. Casey suggested more information be provided on option two with windows which would be more of a historical nature. Motion made by Casey, seconded by Meyer to recommend more information be provided on the option of using real glass, tempered or untempered, and what options are available for using glass of a more historical flavor for discussion at the March meeting. Motion carried unanimously. POSC CAPITAL OUTLAY REQUESTS Meyer suggested a workshop be held to prioritize and itemize park improvements for the future. He stated funding requests could also be discussed. Commissioners discussed the Island Park Hall roof repair and didn't believe it should be a capital outlay request. Meyer stated he will contact the City Manager to find out what the status is on the roof repair. Commissioners discussed the date for the workshop. Meyer proposed the meeting be held on Thursday, February 19 to discuss 1999 capital outlay requests, funding options, and review of natural area handout. -7178- Present were' present was and Park Director Jim Fackler and Secretary Clare Link. absent and excused were: City Council Representative Leah Weycker PARK AND OPEN SPACE COMMISSION MINUTES March 12, 1998 Peter Meyer, Bev Botko, Rita Pederson, and Tom Case5,. Also Those MINUTES Motion made by Casey, seconded by Pederson to approve the minutes of the February 12, 1998 Park and Open Space Commission meeting. 1vIntinn carried unanimously. FUTURE USE OF ISLAND PARK HAT.T, Commissioners discussed new bids received for windows for Island Park Hall. Several options were reviewed. Casey stressed the need to keep the original look as much as as possible.. Meyer asked if staff should get quotes for sandblasting the frames, painting exterior and a new roof. He noted the roof has been repaired now. Motion made by Pederson, seconded by Casey to request staff get three estimates for a new roof, painting of the outside of the building, and prepping/painting of the window frames. Motion carried unanimously. PARK & OPEN SPACE CONI~ISSION MINUTES - MARCH 12, 1998 Meyer suggested holding the Park and Open Space Commission meetings at the IP Hall for May through September. It can be discussed at the April meeting. Fackler stated the building isn't suited at this time for public use. Commissioners suggested staff provide information on the feasibility of having POSC meetings there at the next meeting. Fackler recommended an open house be held. Meyer stated there is water in the rooms on the lowest level and suggested Public Works pump out the water. Fackler stated it is seepage from the ground and will just come back until the groundwater level goes down. Motion made by Meyer, seconded by Pederson to recommend the water be pumped out. Motion carried unanimously. -7179- PARK AND OPEN SPACE COMMISSION MINUTES lVlay 14, 19 )8 Presentwere: Peter Meyer, Bev Botko, Rita Pederson, Tom Casey, and City Council Representative Leah Weycker. Also present were Park Director Jim Fackler and Secretary Clare Link. The following interested citizens were als° present: Jacquie Robbins and Mary Berglund. MINUTES Motion made by Botko, seconded by Pederson to approve the minutes of the April 9, 1998 Park and Open Space Commission meeting, as amended: page 4, Meyers suggested the plumber come out and clear out the drain; page 6, delete "being designed as an NCA. Motion carried unanimously. ISLAND PARK HALL Meyer stated the standing water is gone from the basement. Meyer asked for paint estimates. Weycker stated an article will be put in the newsletter requesting information on the hall's history. Commissioners discussed holding the POSC meetings atthe hall in June. Weycker was not in favor of the idea. Weycker suggested a follow-up letter be put in the Laker inviting people to visit the building. Commissioners discussed a combined open house and POSC meeting. Casey suggested an architect provide an estimate of remodeling the entire building rather than pieces here and there. Motion made by Weycker, seconded by Casey to recommend getting an estimate from McCombs Frank Roos on the work that needs to be done to remodel Island Park Hall and to provide information on the architectural and historical value of the building. Commissioners discussed funding for the estimate. Fackler suggested funding from the park dedication fund. Casey suggested it come out of the General Fund. If funds are not available, he would like to know why. Weycker suggested getting estimates to provide the estimates. Motion made by Weycker, seconded by Meyer to get estimates from two architectural firms on the cost for the analysis of the renovation of IP Hall. Motion carried unanimously. -7180- Proposal For - Island Park Hall - City of Mound, Minnesota Jim Fackler, Park Director - City of Mound - 5341 Maywood Road -Mound, MN 55364 Submitted By - Vedi Associates, Inc. - 1129 Washington Ave. So. - Minneapolis, MN 55415 Phone: 612.333.4670-Fax: 612.333.6797 ' -7181 - VEDI ASSOCIATES, 1129 WASHINGTON AVE. SO., MINNEAPOLIS, MN. 55415 INC. 612/333-4670 PARKING ENGINEERING RESTORATION ARCHITECTURE June 16, 1998 Jim Fackler Park Director City of Mound 5341 Maywood Road Mound, MN 55364 RE: Island Park Hall Dear Mr. Fackler On behalf of Vedi Associates, Inc., I thank you for inviting Vedi Associates to perform a Visual Condition Audit for the Island Park Hall located at 4843 Manchester Road in Mound, Minnesota. I would also like to extend an additional thanks to John Taffe for taking the time to show me this fascinating building. VISUAL CONDITION AUDIT o The Visual Condition Audit finds the existing structure, built in 1936, to appear to be in good condition. o The existing walls are poured concrete construction, that will require some minimal cleaning to showcase the textured white surface so that the building can emulate its "Art Deco" architecture look. o The front steps can be restored nicely so that they resemble their Previous state. The railings can also be modified and a wheelchair accessible ramp can be extended. o A new roof will help denote the roof line, which will aid in the marking of the structure against the green background of existing tree line. o New energy efficient checkered-style white metal clad wOod windows will enhance the entire appearance of the building, with crisp and fresh architectural lines. o The red brick arch entry magnifies the entrance, and enhances the aesthetics of the building. o The existing copula above the roof line establishes the visual element that pulls the passerby towards this landmark. o In this day and age, in order to draw people -- individuals or groups, parking is a necessity as people are highly dependent upon there cars. It looks like approximatelYl 60 parking spaces can be generated by providing a 90 degree parking lot on , Manchester Road. The existing bituminous will require a seal coat. o The rustic wood interior with the cathedral high ceiling will require a light color stain. In addition, new flooring and new light fixtures will create a space that is inviting, with a warm and lit atmosphere for family assemblies. ~ o Heating ventilation and air conditioning improvements are recommend to minimize the operating costs. -7182- Proposal for the Island Park Hall City of Mound June 16, 1998 Page -2- o Wheel chair accessible toilets can be built on the main floor while then existing toilets can remain on the lower level. o The existing kitchen shall be remodeled into an handicap accessible kitchen. Therefore, based on Vedi Associates Visual Condition Audit, the existing Island Park Hall, appears to be in good condition. The Island Park Hall appears to have the ability and function for programming and is in close proximity to the city park and playfield. Events of functions could incorporate the Island Park Hall and the city park and playfield. This structure is suited for events and functions, such as: o Family oriented birthday parties along with outdoor activities. o Small wedding parties. o Neighborhood group meetings. o Family resource center. o Council activities. o City election voting station. o Special neighborhood oriented council meeting. o Conference center for small businesses. o Technology center. o Daycare center.. o Adult/Special educational seminars. o Special computer courses. o Continuing education learning center. o City department conference center. o Aerobic classes. The aforementioned functions are all activities that could generate revenue for the City of Mound so that the city could pay for remodeling costs. The City of Mound could rent out space(s) in the Island Park Hall and the rental fees could generate a portion of the funds required to pay for the remodeling. ~ The following budget cost estimates are put together for the probable construction cost., This is not a final cost estimate and will change with time and availability of contractors. The City of Mound shall approximate $250,000.00 for the remodeling cost and budget approximate $22,500.00 for architectural, engineering and interior design fees. This budget may be sufficient if the project remodeling is completed before fall 1998. If the City of Mound was to hire the Vedi Associates, we would perform a cost estimate. -7183- Proposal for the Island Park Hall City of Mound June 16, 1998 Page -3- Vedi Associates has in house capabilities to perform these modernization services. Vedi Associates has provided architectural and engineering consulting services on similar remodeling projects. Vedi Associates' current remodeling workload is over 70 of our total workload. We are highly qualified and capable of providing remodeling services for the City of Mound Enclosed you will find resumes and an abbreviated list of references. Thank you again for the opportunity to visit this landmark. Please contact our office if you need any further assistance or require additional information. Sincerely ...... VEXES, INC. P.S. Vedi, AIA President -7184- PARSHOTAM S. VED1, AIA P.S. Vedi will not only serve as the Vedi Associates Project Architect and President, but will also serve as the lead and contact person for the design team. Mr. Vedi is the founding principal o£ Vedi Associates and has been providing architectural and parking related services on two continents for over forty years. Mr. Vedi holds a Master of Architecture, University of Minnesota, 1968 and Undergraduate Architecture "with distinction", New Delhi, India, 1967. Mr. Vedi is associated with different professional organizations including: American Institute of Architects, Institutional and Municipal Parking Congress, and the Minnesota Association of Parking Professionals and is registered in the states of Minnesota, Wisconsin, North Dakota, South Dakota, lowa, Illinois and Arizona. He has been a guest speaker for the following: Minnesota NAHRO Panel; Midwest Traffic Engineering Parking Seminars Bradley University, Peoria, IL -- for the years 1992, 1993, 1994 and two in 1995. As President of Vedi Associates, Mr. Vedi ensures that creative thought goes into each design to create a project that is unique to the client's needs and character. Through his many years of experience in architecture and parking design, comes the understanding that each project is unwilling to follow standards and that intuition is just as important as numbers. Equally significant is the fact that he realizes the importance of maintaining an accurate budget and schedule. As principal, Mr. Vedi accepts each project as a personal challenge. He makes a special point to research the goals and needs of the Owner and users. Prior to founding the firm, Mr. Vedi was Director of Design and Project Manager for a leading parking consulting firm. He was directly involved with the design and construction implementation for 13 new multi-level parking structures, including the West Bank ramp at the University of Minnesota. Previously, at another leading firm, he was given the responsibility of total project management, working on educational projects, medical facilities, food distribution centers, commercial, semi-industrial and residential projects. Mr. Vedi worked directly with municipalities and large utility companies in satisfying their particular and complex needs. GALEN A. PETERSON, P.E. Galen Peterson has over sixteen years of experience in designing, detailing and project management for a broad range of building types, civil engineering and environmental projects. He is responsible for all project coordination / management at Vedi Associates, Mr. Peterson holds a Bachelor of Civil Engineering (Structural Emphasis) - University of Minnesota, 1988. He is a member of the American Society of Civil Engineers. Mr. Peterson is registered in the states of Minnesota, Wisconsin, North Dakota, Tennessee and South Carolina. He has a strong background in structural engineering, specification writing, project management, architectural detailing and code reviews. With his diverse -7185- ! ! ! I I I I t I I background and knowledge of all aspects of building design, he produces accurate and detailed project specifications and drawings. Mr. Peterson has diverse experience as a design engineer and project manager in the environmental, civil engineering and building construction fields. He has extensive experience in wastewater treatment and groundwater treatment facilities. This unique background has enhanced his ability in working on environmental and civil engineering projects. His experience in the environmental and civil engineering disciplines include: numerous groundwater remediation systems, remedial investigation plans, industrial wastewater treatment facilities, oil spill prevention control and countermeasure plans, underground storage tank removals and installations, surface drainage plans, flammable storage and mixing rooms, animal waste storage ponds, aerated storage ponds, stormwater retention basins, construction cost estimates, secondary containment structures, solid waste projects, water supply pumphouses and wastewater lift stations. Mr. Peterson also has extensive building construction knowledge and expertise in a variety of building types using reinforced concrete, masonry and structural steel. He has a strong background in the use and specification of materials for corrosive environments such as wastewater treatment facilities and dairy facilities. Building projects include dairy facilities, numerous parking facilities and parking lots, remodeling projects, skyways, medical transportation facilities and office buildings. NORMAN H. SUNNESS, P.E. Norman Sunness has over thirty-five years experience in the design and construction of various mechanical engineering and plumbing systems for government, public, commercial and housing projects, as well as performing field surveys and inspections and preparing reports and studies. He has extensive experience with issues of energy management, gas distribution, manufacturing and mechanical consulting, and has given papers on and published numerous articles regarding the many varied aspects of mechanical engineering. Mr. Sunness holds a Bachelor of Mechanical Engineering, University of Minnesota, 1961. He is involved in many associations such as: American Society of Professional Engineers, Minnesota Society of Professional Engineers and the National Society of Professional Engineers. He has published the following articles: PAPERS AND PUBLISHED ARTICLES ~ "Plowing GasMains", Midwest Gas Assn. School and Conference "Installation of Plastic Pipe", American Gas Assn. Pipe Conference "Plastic Versus Steel", American Gas Assn. Distribution Conference, published in GAS Magazine, September, 1979. '~ "Energy Matters" column in Toolco T6pics magazine, Owatonna Tool Company -7186- AUSTIN, MN BARNESVILLE, MN BIG STONE COUNTY, MN BRAHAM, MN DAKOTA COUNTY, MN DULUTH, MN FERGUS FALLS, MN FREDERIC, Wl HOPKINS, MN HOPKINS, MN JACKSON, MN LONG PRAIRIE, MN MOLINE, IL MOORHEAD, MN MOUND, MN MOUNTAIN LAKE, MN REFERENCES (HRA/CITY/COUNTY AGENCIES) Austin, MN -- HRA of; Kermit Mahan 507-433-1866 200 - 1st Avenue NE, Austin, MN 55912 Barnesville, MN -- HRA of; Barbara Getz 218-354-7700 PO Box 158, Barnesville, MN 56514 Big Stone County, MN -- HRA of; Marjorie Olson 320-839-3304 20 SE 2nd Street, Ortonville, MN 56278 Braham, MN -- HRA of; Jane Moyer 320-396-3580 409 West Central Drive, Braham, MN 55006 Dakota County, MN -- HRA of; Karen Murray 612-423-8144 2496 - 145th Street West, Rosemount, MN 55068 Duluth, MN -- City of; John Schweiger 218-723-3556 41 l West First Street, Duluth, MN 55802 Fergus Falls, MN -- City of; Dan Edwards 218 739-2251 112 West Washington, MN 56537 Frederic, WI -- HRA of; LaVonne Anderson. 715-327-8490 108 - 3rd Avenue South, Frederic, WI 54837 Hopkins, MN -- HRA of; Jim Kerrigan 612-935-8474 1010 First Street South, Hopkins, MN 55343 Hopkins, MN -- HRA of', Karen Skepper 612.935.8474 1010 First Street South, Hopkins, MN 55343 Jackson, MN -- HRA of; Tammy Nowak 507.847.3926 116 State Street, Jackson, MN 56143 Long Prairie, MN -- HRA of; Gertie Peterson 320-732-2801 601 Central Avenue, Long Prairie, MN 56347 Moline, IL -- City of; John Hoffstatter 309-797-0700 619 - 16th Street, Moline, IL 61265 Moorhead, MN -- City of; Mayor M. Lanning 218-299-5301 500 Center Avenue, Moorhead, MN 56560 Mound, MN -- HRA of; Karol "Pinky" Charon 612-472-5078 2020 Commerce Boulevard, MN 55364 Mountain Lake, MN -- HRA of; Wendy Fast 507.427.2425 1225 Third Avenue, Mountain Lake, MN 56159 -7187- PINE CITY, MN RED LAKE FALLS, MN ST. CLOUD, MN SAUK CENTRE, MN STAPLES, MN STATE OF MINNESOTA THIEF RIVER FALLS, MN WARREN, MN WASHINGTON CTY, MN WORTHINGTON, MN Pine City, MN -- HRA of; Charlene Schwarz 320-629-6301 905 - 7th Street, Pine City, MN 55063 Red Lake Falls, MN -- HRA of; Mary Ann Benoit 218-253-2022 209 International Drive A3, Red Lake Falls, MN 56750 St. Cloud, MN -- HRA of; Dean Otterson 320-252-0880 619 Mall Germain -- Suite 212, St. Cloud, MN 56301 Sauk Centre, MN -- HRA of; Jim Prasch 612-352-2311 407 - First Street North, Sauk Centre, MN 56378 Staples, MN -- HRA of; Gertie Peterson 320-732-2801, Donna Sclmeekloth 218-894-2301 615 Fourth Street North, MN 56479 State of Mim~esota -- Tom Ulness 612.296.4646 625 North Robert Street, St. Paul, MN 55101 Thief River Falls, MN -- HRA of; Audrey Bmggeman 218-681-5995 415 Arnold Avenue South, Thief River Falls, MN 56701 Warren, MN -- HRA of; Arlys Pederson 218-745-4858 411 North Fourth, Warren, MN 56762 Washington County -- HRA of; Wesley Butler 612-458-6555 321 Broadway Avenue, St. Paul Park, MN 55071 Worthington, MN -- HRA of; Rosie M. Rogers 507-376-3655 819 Tenth Street, Worthington, MN 56187 -7188- VIEW SITE PLAN POTENTIAL CONCEPT: PRAIRIE WETLANDS LEARNING CENTER -7189- Wesl Building Eleva on Building C~oss Section -7190- MOUND PARK AND OPEN SPACE COMMISSION MINUTES JULY 9, 1998 Members present: Pete Meyer, Tom Casey, Bev Botko, Rita Pederson, and City Council Representative Leah Weycker. Others present: Park Director Jim Fackler and Jodi Rahn. The following interested citizens were also present: Lois Adams. APPROVAL OF THE MAY 14,1998 POSC MINUTES Motion by Weycker, seconded by Botko to approve the minutes of the May 14, 1998 POSC minutes as amended: page 5, March for Parks should read $335.00 which will be split between the Parks. Spelling correction to be made on page 2 and 5, Sanders should be Saunders. Motion carried unanimously. CONTINUED DISCUSSION: ISLAND PARK HALL Fackler stated that he has received about six calls regarding stories of Island Park Hall and asked if they would put them in written form and mail them in along with any pictures they my have. Casey asked if anyone has looked into the historic status of Island Park Hall building. Weycker stated we have not received a proposal from the architect as of yet. Casey discussed that ~rom the Washington office he received a copy of the guidelines for inclusion of buildings as a national historical site if less than fifty years old. Casey stated that he will put a copy of the guidelines in the August packet. Weycker asked about the packet she received from the national historical site and suggested filling it out and mailing it in because it may take up to two years to get that classification. Pederson asked for more information regarding the LCMR grant money and Fackler stated he would look into it. -7191 - MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION NOVEMBEE 12, 1998 Present were: Commissioners Peter Meyer, Tom Casey, Norman Domholt and Christina Cooper, and City Council Representative Leah Weycker. Also present was Secretary Kristine Kitzman. The following interested citizens were also present: Mayor Elect Pat Meisel and Council Member Elect Bob Brown. Commissioner Bev Botko was absent. Meyer called the meeting to order at 7:30 p.m. MINUTES Motion made by Casey seconded by Weycker to approve the minutes of the October 8, 1998 Park and Open Space Commission (POSC) meeting, as amended below. Motion carried unanimously. 1. Page 7, paragraph 3: Strike the first line "Weycker noted the intent from Steven Behnke of Fine Line Design Group." 2. Page 9, paragraph 3, second to last sentence: "...people as possible who would .~,,~ .,-, H~lr~ r~n fhe rink attendant (changed from supervision/part of this project." REVIEW: 1998 CAPITAL OUTLAY PURCHASES Fackler reviewed the 1998 proposed capital outlay expenditures as detailed in his staff report. He explained that the only outstanding project is Depot Improvements. Storm damage has caused budget problems. Fackler stated that it is possible to put more capital into the Depot Improvements in December, barring any additional storm damage or emergencies. Meyer stated concerns regarding the lights at the Depot that are not in working order. Fackler assured the Commission that people are working on that problem. Fackter also stated that vehicle maintenance is a large concern, as some of the City vehicles are nearly ten years old. Fackler noted that tree removal due to storm damage is a very large expense this year, and has taken up more of the budget than originally thought. Meisel wondered why the expense is coming from capital outlay rather than the general fund. Casey wondered why the parks fund is not reimbursed. Fackler explained that FEMA reimburses the general fund, not the park fund. -7192- Mound Advisory Park and Open Space Commission November 12, 1998 Meyer then asked Fackler to explain the commons issues for the editiCazlor¢-,3rt~,f~,r~d~.. members. Fackler explained how much lakeshore the City has, and the City responsibility for upkeep of the common areas. Meisel asked where the rent from the Depot goes. Fackler stated it goes into the general fund. Weycker then raised the question of why the rent goes to the general fund when the cost for upkeep and repair comes out of the park fund. Meyer stated that in January or February there will be a report about usage and capital generated by City docks and the Depot. Weycker then brought up the subject of renovation at Island Park Hall. Meisel wondered if this project would be eligible for Federal grants. Weycker stated she is working on getting it on the National Historical Register, but it takes a long time to do this. The first step was to prove use, and several uses were found for the building, to make it worth renovating. Weycker wondered if it could still be a historic building if it is not in the National Register and suggested this be checked into. Weycker then brought up the grant application process, and all the pitfalls and "Catch 22" situations that exist in it, such as the money needed to get information on how much money is needed for the renovation. There have been some vague estimates about what may be needed, but a more detailed plan is necessary. Weycker also pointed out that this is the first year that the building was not used as a polling place and there were many calls from the community wondering why. Brown then asked about the amount of funding for things like picnic tables and playground equipment. He suggested that the City utilize organizations to build these things as opposed to such a large monetary outlay. Meyer stated that this has been discussed, and a workshop is needed to make a list of groups, such as lions club etc., and begin to approach them regarding this type of work. 2 Meisel then stated that there may be some problems using any type of gamD~f~y ,,~,,,~.., and asked if anyone would object to that. No Commissioners voiced objections, but Meisel pointed out that there may be some private citizens who may object to use of these funds. -7193- MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION FEBRUARY 11, t 999 Present were: Commissioners Peter Meyer, Tom Casey, and Christina Cooper, and City Council Representative Leah WeYcker. Also present was Park Director Jim Fackler. Absent: Commissioners Bev Botko and Norman Domholt Chair Meyer called the meeting to order at 7:30 p.m. 1. MINUTES Motion made by Casey, seconded by Weycker to approve.the minutes of the January 14, 1999 Park and Open Space Commission (POSC) meeting, as presented. Motion carried unanimously. 8. DISCUSS' ISLAND PARK HALL IMPROVEMENTS Mr. Fackler reported that Council Member Brown had received some estimates on Island Park Hall Improvements and $2,500.00 has been set aside to put together a plan for the improvements. Chair Meyer stated that with an improvement ,plan, or engineer's report, the Commission can then look into various State funding. Three architects estimates were received last summer and Chair Meyer suggested going back to these three companies, giving them the figure of $2,500, and asking what can be done for that amount. Mr. Fackler stated that the budgeting for the plans could be considered in the year 2000 and the project would be ready to move forward in the year 2001. Chair Meyer stated that this was similar to the time line the Commission had anticipated. However, ifa matching grant can be obtained sooner, perhaps the City Council would take action sooner. Mound Advisory Park and Open Space Commission February 11, 1999 Motion was made by Weycker, seconded by Casey to direct staff to approach the three companies who have submitted estimates, and find out what planning can be done with the funds now available. Motion carried unanimously. -7194- March 24, 1999 VEDI ASSOCIATES, 1129 WASHINGTON AVE. SO., MINNEAPOLIS, MN. 55415 Jim Fackler Park Director City of Mound 5341 Maywood Road Mound, MN 55364 PARKING I N C. N ,N R,NG RESTORATION 612/333-4670 ARCHITECTURE Pdg: Island Park Hall Dear Mr. Fackler Vedi Associates is pleased to offer this letter is in continuation of our proposal letter dated June 16, 1998 and describes a proposed master plan to remodel this treasured architectural structure set in an urban area against a backdrop of green scenery. Vedi Associates proposes the following ~naster plan phases to preserve and design this facility for an appropriately intended use: PHASE ONE Phase One would include the following: ltem A -- Improve the existing facility to meet accessibility requirements for physically disabled users and improve safety features. Item B -- Bring the existing facility to meet ADA requirements, including community kitchen and toilets. Item C -- Improve heating, ventilation and air-conditioning systems. Item D -- hnprove the building envelope including roof repairs, windows and doors. Item E -- Improve the interior and exterior fin[shes ltem F -- Improve the curb appeal, parking surfaces, seal coat and striping. The Scope of Work that is detailed for the building condition audit, described in Phase One, will be provided in the form of sketches and narratives associated with the budget cost number for each phase. We would provide the services for Phase One for the fixed A.E. fee of $2,500.00. After completing the services outlined in Phase One, the next step would be to take the study research information and prepare existing building drawings after completing Phase One. -7195- Proposal for the Island Park Hall City of Mound, Minnesota March 24, 1999 Page -2- PHASE TWO Phase Two would include the following: Item G -- Collect existing building drawings and if not available, pre-pare as built drawings. We would provide the services for Phase Two for the fixed A.E. fee of $3,000.00. Thank you for the opportunity. We look forward to hearing from you. Sincerely, VED~OCIATES, INC. President -7196- -7197- -7198- MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION APRIL 22, 1999 Present were: Commissioners Peter Meyer, Tom Casey, John Beise, Norman Domholt and Christina Cooper, and City Council Representative Leah Weycker. Also present were Park Director Jim Fackler, and Secretary Kristine Kitzman. **City Council Representative Leah Weycker arrived at approximately 9:00p.m. Meyer called the meeting to order at 7:05 p.m. 2. DISCUSS: ISLAND PARK PROPOSALS Park Director Fackler provided written proposals from two contractors with a recommendation for TSP One, Inc. Commissioner Casey stated he is acquainted with someone who works at TSP, and has heard they do good work. Fackler added that they have done work for Mound before. Motion made by Casey, seconded by Meyer, to accept the quote supplied by TSP One, Inc. to proceed with the Island Park Hall project. Motion passed unanimously. 3. DISCUSS: YEAR 2000 CAPITAL OUTLAY Chair Meyer introduced Mr. Bill Darling, 2600 Grove Lane, and an ex-Park Commissioner, to assist with nominal grouping ofthe 1999 Park Improvements Recommendations. Before beginning, the following changes were made to the list: #2 Estimate of $5,000 #3 Estimate of $4,000 #4 No estimate #5 Estimate of $5,000 #11 New description: "TREES FOR PARKS", No estimate #14 New description: "SETON PARK BASKETBALL HOOPS, Estimate $1,200 #21 Add: PLAYGROUND EQUIPMENT AT SWENSON PARK. Estimate $30,000 #22 Add: REPAINT PARKS GARAGE, WITH CITY LOGO. No estimate #23 Add: WIND BREAKS ON TENNIS COURTS, SWENSON PARK. No estimate #24 Add: LINE BASKETBALL COURTS. No estimate #25 Add: IMPROVEMENT ON EXISTING ROADSIDE TRAILS AND BIKEWAYS. No estimate #26 Add: 5 YEAR COMPREHENSIVE PLAN EXPANSION ASSISTANCE. Estimate $1,000 Mr. Darling directed the Commissioners in the process of nominal grouping of the list. The prioritized list emerged as follows: 3. 4. 5. I.P. HALL RESTORATION PARKLAND ACQUISITION (10,000 TO PARK DEDICATION FUND) IMPROVEMENT ON EXISTING ROADSIDE TRAILS AND BIKEWAYS PLAYGROUND EQUIPMENT AT SWENSON PARK COMMUNITY SKATING P'~'~' '-7199- Mound Advisory Park and Open Space Commission April 22, 1999 12. 13. 14. 16. 17. 18. 19. INVENTORY PROPERTY (PUBLIC AND PRIVATE) MUSIC IN THE PARK CRESCENT PARK HABITAT RESTORATION; PRAIRIE PLANTING, SEDIMENT POND, BENCH, RIPRAP ADOPT-A-GREEN SPACE SUPPORT; FLOWERS, PLANTS, NEW SOIL 4 BENCHES NCA'S LINE BASKETBALL COURTS LIFEGUARD JACKETS AND SHIRTS REPAINT PARKS GARAGE, WITH CITY LOGO 5 YEAR COMPREHENSIVE PLAN EXPANSION ASSISTANCE MORE PARK STAFF DEPOT INFORMATION SIGN RESCUE TUBES (NEW) SORBO AND HIGHLAND PARK GRADING (ENGINEER WILL NEED TO DO ELEVATION) AVON PARK, 2 SWINGS Mr. Darling explained that this list as a tool to make a recommendation to the City Council. Funds, availability of time and labor, and other factors need to be examined, and specific objectives for each item need to be clear and concise, so fairly accurate funding amounts can be arrived at. Discussion by all followed regarding budgeting and alternate funding sources to support this prioritized list. Park Director Fackler made the suggestion to formulate a plan for some of the larger cost items, to spread the project out over a period of time, to split the spending into manageable amounts each year. Commissioner Casey stated that Staff time is needed to gather information on a bond referendum as an alternate source of funding for parks. 10:00 p.m. Chair Meyer tabled the discussion, and requested a motion to continue. Motion made by Cooper, seconded by Beise to continue for an additional 30 minutes. Motion carried unanimously. - Mr. Darling stated that the first step is to make sure the priorities are accurate. Commissioner Cooper expressed concern that Swenson Park is much too Iow on the list. The playground equipment is too old, and needs to be replaced. Commissioner Domholt stated that Park Land Acquisition is too high. There are parks that need work now rather than trying to acquire more space. Council member Weycker disagreed with the positioning of the basketball lines, and felt they should be under the lifeguard equipment, as that is a safety issue. 3 -7200- Mound Advisory Park and Open Space Commission April 22, 1999 Mr. Darling suggested at this point a method of refining the list, by vote. Proceeding with this plan, the list was prioritized once more, and the final list is as follows: 2. 3. 4. 5. 6. 7. o 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. I.P. HALL RESTORATION IMPROVEMENT ON EXISTING ROADSIDE TRAILS AND BIKEWAYS PLAYGROUND EQUIPMENT AT SWENSON PARK INVENTORY PROPERTY (PUBLIC AND PRIVATE) PARKLAND ACQUISITION (10,000 TO PARK DEDICATION FUND) COMMUNITY SKATING RINK CRESCENT PARK HABITAT RESTORATION; PRAIRIE PLANTING, SEDIMENT POND, BENCH, RIPRAP MUSIC IN THE PARK ADOPT-A-GREEN SPACE SUPPORT; FLOWERS, PLANTS, NEW SOIL 4 BENCHES NCA'S LIFEGUARD JACKETS AND SHIRTS REPAINT PARKS GARAGE, WITH CITY LOGO 5 YEAR COMPREHENSIVE PLAN EXPANSION ASSISTANCE MORE PARK STAFF LINE BASKETBALL COURTS DEPOT INFORMATION SIGN RESCUE TUBES (NEW) SORBO AND HIGHLAND PARK GRADING (ENGINEER WILL NEED TO DO ELEVATION) AVON PARK, 2 SWINGS Consensus was reached that Island Park Hall, as the highest priority, has been started with the $2,500 funds and the motion to have TSP proceed. Mr. Darling moved to item #2, Bike Trails. The objective is to identify the current trails and have them marked. Mr. Darling suggested having a study of where the trails are and whether the roads are wide enough to support roadside trails. 10:30 p.m. Chair Meyer tabled the discussion, and requested a motion to continue. Motion made by Casey, seconded by Beise to continue for an additional 30 minutes. Motion carried unanimously. Mr. Darling stated that the objective statement, in light of the strategy outlined, woulc~ be to "fund a study to identify current bike trails with the intent to properly mark all bike trails within the City of Mound." Chair Meyer stated a Work Session will be necessary to use the strategy process introduced by Mr. Darling in order to obtain objectives for the other priority projects. This Work Session was scheduled for Thursday, May 6, at 7:00 p.m. Commissioner Casey asked Park Director Fackler to provide some "ballpark" figures for some of the priority items before the Work Session. Commissioner Beise asked when TSP can complete the first stage of the Island Park Hall study, so the information can be used in a request this year. -7201 - MINUTES OF A MEETING OF THE MOUND ADVlSOEY PAEK AND OPEN SPACE COMIVII$$1ON MAY 13, 1999 Present were: Commissioners Peter Meyer, John Beise, and Norman Domholt, and City Council Representative Leah Weycker (arrived at 8:15 p.m.). Also present were Park Director Jim Fackler and Secretary Kristine Kitzman. Absent: Commissioners Tom Casey and Christina Cooper. Since a quorum did not exist at 7:30 p.m. it was decided to hear from Mr. Bert Haglund regarding the Island Park Hall Proposal TSP One, Inc. Mr. Bert Haglund of TSP One, Inc. presented his letter that outlines the study that TSP plans to do at Island Park Hall. Mr. Haglund expressed interest in hearing from Mr. Al Greene in regard to the history and indicated he would like to be notified when Mr. Greene is rescheduled. TSP has interest in restoring the building so learning about the history would be of help. Mr. Haglund asked about the schedule or deadline for this study. Chair Meyer stated that the information is needed for historical designation and funding options. Island Park Hall is a very high priority for the POSC, but it is unknown which direction to take. Chair Meyer suggested TSP recommend a direction to the POSC and possibly suggest fairly iow cost repairs that are necessary and can be done in the year 2000. Commissioner Beise stressed the importance of keeping a schedule to begin in 2000 and indicated he would not like to see this request for funds put off now, or in upcoming years. Park Director Fackler stated the budget season is started in June and it would help to have some specific information by that time. Fackler indicated he would like to see some of the information by mid-June so a plan can be made for upcoming years. Commissioner Domholt suggested asking for all that is wanted for Island Park Hall and then hope for the best as far as how much City Council is willing to budget. Mr. Haglund stated the ultimate goal needs to be defined also, such as how true to the original the repairs should be, or if this building is going to end up being utilized in all 4 seasons and so on. Mr. Haglund pointed out that the appearance could be very true to the original, but updates could still be done. Commissioner Domholt asked what happens if an estimate turns out to be Iow, after the fact. Park Director Fackler recommended asking for the high end when getting the estimate since that practice has generally worked in the past. Consensus was reached to receive estimates for improvements to the roof, doors, windows, heating and air conditioning systems, and possibly a sign for the front of the building describing what is being done. Mr. Haglund stated he could get estimates for these projects by mid-June. -7202- Mound Advisory Park and Open Space Commission May 13, 1999 Park Director Fackler advised that outside excavation needs to be done fairly soon since water is draining towards the building and leaking in. Commissioner Domholt asked Mr. Haglund if he had seen the duct work inside the building that needs to be removed. Mr. Haglund replied that he had, and would recommend removing it very early in the project. Park Director Fackler then suggested a sign that could be changed, so that specific projects could be advertised as they take place. Commissioner Beise stated this kind of sign would work well because pictures from the inside could be posted also, so people can see what, about the building, is worth reclaiming as many people will not see that looking at the outside. Park Director Fackler asked if Mr. Haglund should come back to the POSC for another meeting. Chair Meyer pointed out that the June meeting is the parks tour and suggested Mr. Haglund give Mr. Fackler the estimates to add into the budget. Mr. Haglund agreed that the Commissioners may not need to preview the estimates if certain assumptions are understood, such as, replicating the appearance but using updated materials or styles, to keep the integrity of the historical building, but update it for better use and longer life. Councilmember Weycker asked if Mr. Haglund had ever been involved in State or Nationally registered historical buildings. Mr. Haglund answered that he had, and they have certain guidelines that need to be followed. He explained if Island Park Hall is to be registered, it may effect the project in some areas. Commissioner Domholt expressed concern over any restrictions that may be imposed after registering. Councilmember Weycker stated there are none. Since a quorum now existed, Chair Meyer called the meeting to order at 8:30 p.m. 1. APPROVAL OF THE APRIL 8, 1999 POSC MINUTES Motion made by Weycker, seconded by Beise to approve the minutes of the April 8, 1999 Park and Open Space Commission (POSC) meeting, as amended. 1. Page 9, Paragraph 5, last sentence: "Taking the benches out because they are not safe may make it better for current users." Motion carried unanimously. 2 -7203- 'r~P One, Inc. 21 Water Street Excelsior, MN .5.5331 phone (612) 474-3291 fax (612) 474-3928 Archllecture EngtneeHng Interior Design Offices in MIr~eapolls and Rochest~', MN luly 8, 1999 Mr. lira Fackler City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Island Park Hall Dear Mr. Fackler, We have prepared a budget for an alternate to the steel framed, painted, true divided light window system. The alternate window system is an. aluminum framed, painted, false mutin system as manufactured by Win- Vent Architectural Windows. The budget for this alternate window system is $32,300. If you have any questions, please give me a call. Thank you. TSP ONE, INC. Principal BH:bh AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Marshalltown. IA Rapid City, SO Sioux Fals, SD Sheridan, WY An Equal Oppadmlly, Afflm~ative Acliort Empx~oye~ -7204- 21 Wate~ Street Excel~,l~. MN 65331 phone (612) 474-3291 fax (6 $ 2) 474-3920 Archlecture Engineering Interior Design Offices in Minneapolis and Rochester. MN AFFILIATED OFFICES Minneapolis. MN Rochester. MN Denver. CO Marshalltown, IA Rapid City. SD Sioux Falls. SD June 24, 1999 Mr. Jim Fackler City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Island Park Hall Dear Mr. Fackler, I have spoken with John Sutherland about Island Park Hall and whether roof insulation will be required. The energy code provides an exemption for "historic" buildings, however, it is not clear that the building has any formal historic designation. That, along with the fact that insulation will reduce operating costs, makes it likely that roof insulation should be provided. Since the roof is predominantly sloped without an attic, insulation will be provided by a three-inch thick nail base insulation board installed between the existing roof sheathing and the shingles. "Thermasote" is an example of this kind of insulation. We recommend a budget for the roof insulation of $19,200. This is in addition to the roof replacement budget that was previously sent to you. I am also checking on another, less expensive window system as an alternate to the steel framed system. The budget for the alternate system will be sent to you as soon as I have it in hand. If you have any questions, please give me a call. Thank you. TSP ONE, INC. Principal BH:bh An Equal Opperlunlly. Affirmative Acllon Employer -7205- · r~P oae, In~. 21 Water Street Excelsior, MN 55331 phone (612) 474-3291 fax (612) 474-3928 Architecture Engineering Inledor Design Offices in Ml~leapoll8 and Rochestm'. MN AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denwr, CO Marshalltown, IA Rapid Clly, SD Sioux Fells, SD ,Sheridan, WY June 22, 1999 Mr. Jim Fa~kler City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Island Park Hall Dear Mr. Fackler, We have developed budgets for improvements to the Island Park Hall building as shown below. These budgets include construction costs, design fees, and contingencies. Roof Replacement Window Replacement Mechanical Equipment $18,750 $56,200 $39,100 Roof Replacement: Existing roofing materials (shingles, roof edgings, flashings, and gutters) will be removed to the roof deck and replaced with new materials. Shingles will be Class A. Replacement of some damaged roof sheeting is also included. Window Replacement: Existing windows (I 7 openings) will be removed and replaced with new windows manufactured by Hope's Architectural Products. These windows are steel framed with 5/8" insulated glass. They are fixed windows (not operable) with true divided lites to replicate the existing windows. Mechanical Equipment; The budget is only for the new mechanical equipment. Costs of installation, distribution system, or controls are ..not included. The equipment includes the following: 4500 cfm packaged air handling unit with 16 tons of cooling, 1800 cfm packaged air handling unit with 6 tons of cooling, hot water gas fired boiler, toilet exhaust fans, kitchen exhaust fan, and 30 gallon water heater. If you have any questions, please give me a call. Thank you. TSP ONE, INC. - Principal BH:bh An Equ~J Oppo~tunlly. Affirm~live Action Employer -7206- -7207- -7208- MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JULY 8, 1999 Present were: Commissioners Peter Meyer, John Beise, and Norman Domholt, Tom Casey*, Christina Cooper; and City Council Representative Leah Weycker. Also present were Park Director Jim Fackler, Building Official Jon Sutherland, and Secretary Kristine Kitzman. *Commissioner Casey arrived at 7:45 p.m. 1. APPROVAL OF THE MAY 13, 1999 POSC MINUTES Motion made by Cooper, seconded by Weycker to approve the minutes of the May 13, 1999 Park and Open Space Commission (POSC) meeting, as presented. Motion carried unanimously. 3. DISCUSS: ISLAND PARK HALL IMPROVEMENTS Mr. Bert Haglund of TSP One, Inc. presented floor plans and elevations of the building today. Mr. Haglund also presented budget figures for improvement to Island Park Hall, including roof replacement ($18,750); window replacement ($56,200); an alternative window system ($32,300); mechanical equipment ($39,100); and roof insulation ($19,200). These figures represent total project cost. Commissioner Domholt questioned the procedure to present this information to the City Council. Chair Meyer stated the Council would have to vote on a historical site designation, so staff could gather more information on this to present to Council at a later date. -7209- Mound Advisory Park and Open Space Commission July 8, 1999 Motion made by Meyer, seconded by Cooper, recommending the City Council to direct staff to look into costs, and pros and cons of a historical site designation for Island Park Hall, and request a report back from the City Planner. Motion carried unanimously. Park Director Fackler questioned where the funding would come from for this study. Councilmember Weycker stated that any cost would be staff time, so specific funding may not be an issue. Mr. Haglund asked what the next step would be, as pertains to any remodeling or changes regarding accessibility and other issues. Councilmember Weycker questioned how much should be budgeted to complete the first step of this project. Mr. Haglund suggested plumbing and electrical would be the first step. Commissioner Beise asked if that would be more important than one or more of the projects presented to the Commission earlier. Park Director Fackler stated that if the roof, window, plumbing and electrical could be done in the year 2000, the building would then be sound and ready for more cosmetic restoration in the year 2001. Mr. Haglund stated the best goal would be to have everything "roughed in." A very rough estimate for the electrical would be approximately $12,500 ($10 per square foot), and for plumbing approximately $30,000. Park Director Fackler stated a budget figure is needed and this first step would probably have to include all of the suggested projects, since they seem to go together in order to make sure the building is sound. Building Official Sutherland suggested adding approximately 10% for an accessibility contingency. And that the grant application from the Minnesota Historical Society could be run through the City Planner with the expenses being changed to the Planning department, Mr. Haglund stated the roofing, windows, and mechanical equipment estimates already include this 10% contingency. Councilmember Weycker questioned why previous bids were so much less. Upon examination it was discovered that these bids were for very different levels of efficiency and completeness for the restoration of the building. 2 -7210- Mound Advisory Park and Open Space Commission July 8, 1999 Park Director Fackler stated he can add together the estimates to come up with a final figure for everything discussed thus far, and that figure can be used in the year 2000 budget request. Councilmember Weycker questioned whether the wails would need to have additional insulation on the inside. Building Official Sutherland stated even so, you could remove some of the interior wall to examine the existing insulation, and replace if necessary. Then, reapply the original material for the interior. Park Director Fackler asked when these projects could be started, if the budget were approved. Mr. Haglund replied that it may not be necessary to wait until spring, as some of the work could be started in the winter. -7211 - CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 November 16, 1999 TO: FROM: SUBJECT: MEMORANDUM Mayor/City Council . Jim Fackler, Park Dlr.ector 1 .~ ' _ . Island Park Hall Repair Es~ates For 2000 Budget. I received the following estimates to do the first phase of repairs to the Island Park Hall: Electrical .................................. $12,900.00 Windows & Doors ............................. Plumbing (Rough In Only) .................... Heat/AC ..................................... ......... i .... ii'i'i ........ i ..... i' Exterior Painting .......... Engineering ................................. Contingency ................................. 26,000.00 7,370.00 43,670.00 11,278.00 5,600.00 17,500.00 12,500.00 TOTAL = $136,718.00 These figures are rough estimates and only from one contractor each. If monies were made available I would have to get two estimates on any item under $25,000 and bid anything over $25,000. It is recommended that 25% of the cost of any item over $25,000 be allotted for mechanical and architectural engineering. The contingency dollars is for the unforeseen repairs that always come about in a remodel project and it is 10% of the total cost of the project should be budgeted. One item that is not addressed in the above figures that I feel needs to be added at this time is new facia trim. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MARCH 9, 2000 Present were: Commissioners Peter Meyer, Norman Domholt, John Beise, Tom Casey, and City Council Representative Leah Weycker (8:00 p.m.) Aisc present were Park Director Jim Fackler, and Secretary Kristine Kitzman. Absent: Commissioner Christina Cooper Chair Domholt called the meeting to order at 7:40 p.m. NOTE: No tape is available for the first 30 minutes (approximately) of this meeting. 1. APPROVAL OF THE FEBRUARY 10 2000 POSC MINUTES Motion made by Meyer, seconded by Beise to approve the minutes of the February 10, 2000 Park and Open Space Commission (POSC) meeting, as amended below. Motion carried unanimously. 1. Page 1' Absent and excused: Commissioner Tom Casey. -7213- Mound Advisory Park and Open Space Commission March 9, 2000 Discussion followed and the following concerns emerged as most urgent: 2. 3. 4. Who will continue the upkeep of the city open space. use of the city owned open space for the drainage pond. Park dedication fee. The existence of buffers between the building and parking lot, and the city owned open space. Amount of hard cover. Motion made by Beise, seconded by Casey to invite the developer and the planner to address the Park Commission, after their meeting with the Planning Commission. Motion carried unanimously. 3a. PUBLIC COMMENTS REGARDING PROPOSED SENIOR CENTER Mr. David Dvorak addressed the Commission regarding the Mound Visions plan. Mr. Dvorak stated that many of the existing buildings along Commerce Boulevard do not fit into the vision for Mound, and they would prefer a lot of them gone. Questioned if the concept for the downtown area was 'parking behind or parking in front, and if it would be better for all the buildings to be the same so it would not look patchwork. He stated his opinion that people would rather see the buildings and the businesses, than to look at the cars. Chair Domholt stated that this last point would be best taken before the Planning Commission. Commissioner Casey stated that he would encourage Mr: Dvorak to continue to be involved in any development meetings. A plan this size will be addressed several times, and at all public meetings, the opportunity will arise to state his opinion. Mr. Dvorak questioned the process with a project of this size and suggested a time line for decisions be made. Councilmember Weycker briefly explained the series of meetings before differing commissions etc. and the process for this project, in very general terms, stating that all these meetings will be open to the public. 4. DISCUSS: REQUEST FROM COMMISSION MEMBERS ON CAPITAL OUTLAY Chair Domholt stated that the goal is to put together a form of communication between the Park Commission and the City Council regarding the important issues before the Park Commission which require City Council attention. Commissioner Beise stated that the July 8, 1999 list is the most current and is the one to be worked from. It was suggested this list could be revised in order of importance. 2 -7214- Mound Advisory Park and Open Space Commission March 9, 2000 Councilmember Weycker suggested that the reasoning behind each item be added to the list, which may help in the presentation. It was noted that the lack of a City Manager affected the presentation to the City Council. Park Director Fackler explained to the Commission the 'normal' process, when there is a City Manager. He then explained where the breakdown occurred this last year due, for the most part, to the lack of a City Manager. Chair Domholt stated his desire to dialogue the presentation of the requests rather than simply handing over a list of requests. Pictures for each Councilmember, actually showing them the concerns and why it is such a large concern, would likely be a great benefit. Discussion was held regarding the first cut, whether a line item stays or goes. Item #3 Inventory Property (Public and Private) - was deemed a tool needed by the Park Commission, not necessarily a Capital Outlay item (Capital Outlay is a tangible item over $500). At this point, discussion turned to the mechanics of presenting the Capital Outlay request to the Council. The general feeling was that the Park Commissioners would rather present their requests directly to the City Council instead of submitting a list which was worked on for hours to a City Manager who had not attended a POSAC meeting, and then decides which items go before the City Council. Councilmember Weycker suggested that the Capital Outlay items be broken out, and a brief description be added to the listing of why this item is important, and what is involved in it. The line items can be listed separately. She stated a third list could be included as well which could be a "dream list" that would give the Council some perspective on what is out there that "could" be done. Commissioner Beise stated that item #13, Repaint Island Park Garage, should probably be included in the Park Director budget as upkeep. Discussion followed regarding which items to take off the list as follows: 3. Inventory Property (Public and Private) 4. Parkland Acquisition 5. Open Space Management Plan 7. Cleanup costs of existing Public Parcels 11. 4 Park Benches 12. Lifeguard Jackets, Shirts & Visors 13. Repaint Island Park Garage 14. 5-year Comprehensive Plan Expansion Assistance 15. Park Staff 18. Lifeguard Rescue Tubes -7215- Mound Advisory Park and Open Space Commission March 9, 2000 20. Swing Set at Avon Park The following items were left on the list: 1. IP Hall Restoration 2. Playground Equipment at Swensen Park 6. Winter Ice Skating Rink 8. Crescent Park Improvements 9. Music in the Parks 10. Adopt-a-Green Space 16. Line Painting on Basketball Courts 17. Depot/Mound Bay Park Information Sign 19. Sorbo & Highland Parks grounds improvements 21. Tree Plantings **new. Park and Open Space Planning Chair Domholt reported on an organization called American Forest which helps cities inventory and plan their green space. Domholt will pursue this line and present any information to the Commission next month. Motion made by Beise, seconded by Casey to discuss the new list at the next meeting, to include notes from Park Director Fackler regarding his opinions on the reasons for importance. Action to be taken will be to add reasoning for each item. Motion carried unanimously. 5. UPDATE: MARCH FOR PARKS Commissioner Meyer reported he had contacted the Orono Park Commission, who stated they were all for doing it, but did not want to chair it. They will discuss a joint March for Parks with Mound and get back to him, which they have not as yet. If they do not participate, Meyer suggested an alternative, possibly a local cleanup day scheduled near Earth Day. Discussion followed with suggestions for alternatives to March for Parks being made. A float in the parade this year was discussed, as was a booth for handouts regarding some of the parks issues facing Mound right now. 10:00 p.m. Chair Domholt tabled the discussion. Motion made by Beise, seconded by Casey to extend the meeting for 10 minutes. Motion carried unanimously. 6. POSC APRIL AGENDA Some items for the April POSC agenda are: 4 -7216- MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION APRIL 13, 2000 Present were: Commissioners Peter Meyer, Tom Casey, Norman Domholt, John Beise, Christina Cooper; and City Council Representative Leah Weycker. Also present were Park Director Jim Fackler, and Secretary Kristine Kitzman. Chair Domholt called the meeting to order at 7:30 p.m. APPROVAL OF THE MARCH 9, 2000 POSC MINUTES Motion made by Meyer, seconded by Casey to approve the minutes of the March 9, 2000 Park and Open Space Commission (POSC) meeting, as presented. Motion carried unanimously. -7217- Mound Advisory Park and Open Space Commission April 13, 2000 program, as it would add another beach that lifeguards would be needed. The agreement was that it would be observed this year, to see how many kids swim there and to gauge the necessity for a lifeguard. 5. DISCUSS: 2001 POSAC CAPITAL OUTLAY Park Director Fackler presented the 04-06-00 revision of the Park and Open Space Capital Outlay and Line Item Request for 2001, and summarized his responses as printed on this revision. Commissioner Beise then presented worksheets for the Commission so each person could come up with three reasons for each item, why each is necessary. This will provide brief information for the City Council and promote dialogue with the Council. Chair Domholt suggested presenting the information in the same manner as Ms. Omlid did in the previous discussion. Present challenges, solutions, and future wants and needs. Following are the items on this list: IP Hall Restoration a. Need for Parks and Recreation center b. Historical preservation c. Income producing rental facility Playground Equipment (Swenson Park) a. Safety concern for the City insurance agent due to the age of equipment b. Request from neighborhood c. One of Mound's showcase parks, centrally located on the island Depot/Mound Bay Park Information Sign a. Communication to community b. High visibility c. City promotion 4. Winter Skating Rink (Outdoor) a. Wintertime family activity b. No cost to user c. Jointly funded o Crescent Park Improvements a. Natural area in need of protection b. Neighborhood request lO:OOp,m. Chair Domholt tabled the meeting. 4 -7218- Mound Advisory Park and Open Space Commission April 13, 2000 Motion by Domholt, seconded by Meyer to continue the meeting for an additional 30 minutes. Motion carried unanimously. c. Unique features 6. Music in the Parks a. Community promotion event b. Well attended, successful event c. Promotes the Arts 7. Adopt-A-Green Space a. Beautifies Mound b. Encourages citizen participation c. Recognition of volunteerism 8. Basketball Court Resurfacing/Line Painting a. Highly used b. Aesthetics c. Encourages youth activity 9. Sorbo a. b. C. & Highland Parks Grounds Improvements Safety Neighborhood requests Aesthetics 10. Tree a. b. C. Plantings Matching funds from MnRelief Aesthetics and added value Replacement of damaged trees 11. Park a. b. C. and Open Space Planning Park planning and long term visioning Inventory Prioritizing and categorizing 6. DISCUSS: PARKS PUBLIC RELATIONS/PROMOTIONS This item moved to May. 7. POSC MAY AGENDA Some items for the May POSC agenda are: 1. Discuss: Parks Public Relations/Promotions 2. Discuss: Arbor Day 5 -7219- MINUTES OF A MEETING OF THE MOUND PARK AND OPEN SPACE ADVISORY COMMISSION MAY 11, 20O0 Present were: Commissioners Peter Meyer, Tom Casey, Norman Domholt, John Beise; and City Council Representative Leah Weycker. Also present were Park Director Jim Fackler, and Secretary Heidi Guenther. Chair Beise called the meeting to order at 7:30 p.m. 1. APPROVAL OF THE APRIL 13, 2000 POSC MINUTES Motion made by Casey, seconded by Weycker to approve the minutes of the April 13, 2000 Park and Open Space Commission (POSC) meeting, with a change on page six, item 9, paragraph 1, to have the second to last sentence read "which leaves it open to be rezoned," and changing all references to "swamp" to "SWMP." Motion carried unanimously. -7220- Mound Advisory Park and Open Space Commission May 11, 2000 Commissioner Meyer stated the Task Force Committee would be meeting on May 17, 2000 to answer and review the questions at hand and to make their recommendation. Chair Beise noted the Park Commission is in favor of saving the space for recreational use. Chair Beise asked for volunteers for the Task Force Committee position. Commissioner Meyer stated he would be interested in this position. Commissioner Casey asked that this item be placed on the June agenda for further discussion of the May 17, 2000 Task Force meeting. Chair Beise encouraged all Commissioners to pass along comments to Commissioner Meyer. Motion made by Casey, seconded by Beise to nominate Commissioner Meyer for the Open Space Committee. The motion carried unanimously. 4. DISCUSS: PRIORITIZING POSC 2001 CAPITAL/LINE ITEM REQUEST Chair Beise called for a five minute recess to allow the Commission members to review the POSC 2001 Capital/Line Item request. The meeting was recessed at 8:06 p.m. The meeting reconvened at 8:10 p.m. Chair Beise explained the Commission is to prioritize the Capital Outlay and Line Items for Parks and Open Space for the year 2000. Park Director Fackler asked that the Capital Outlay and Line Items to be prioritized separately. Councilmember Weycker indicated the Council is looking for direction from the Park and Open Space Commission as to the funding needed. She explained the Council is looking for direction on the proposed uses for IP Hall as well. Park Director Fackler asked that the Commission consider what must be done in the near future to protect and preserve the park and open space within the City. He noted that Music in the Parks and Adopt-A-Green Space programs could be in jeopardy if not put forward for 2001. Chair Beise stated he would like to see the Depot/Mound park information sign made a top Capital Outlay priority and to place the IP Hall the third priority. Commissioner Casey stated he would like to see the Council make all recommended issues a priority and if one was not completed, issue two could be completed. Park Director Fackler suggested having the Swenson Park equipment as priority one with the Depot/Mound park information sign as the second priority. The Commission members concurred. 2 -7221 - Mound Advisory Park and Open Space Commission May 11, 2000 Councilmember Weycker suggested the Commission submit a letter to the Council indicating all items on the list are priorities but that the first two would need funding for 2001. Park Director Fackler stated he could draft a letter and attach the 22 item list to give the Council an explanation that all items are significant. He stated the letter would serve as a cover letter to the Commission's request. Park Director Fackler explained that once the Park Commission is on the budget schedule, to will be easier to achieve funding each future year. Councilmember Weycker asked that the historical status of IP Hall be discussed with the Planning Consultant. Park Director Fackler stated he would check into this and report back to the Commission. Chair Beise directed staff to draft a letter to the Council and have this item at the next meeting for review. Councilmember Weycker explained she would assist in the drafting of this letter. Motion made by Beise, to prioritize the Capital Outlay projects as presented. The motion failed for lack of a second. Chair Beise suggested separating the Capital Outlays from the Line Items for a single motion. The Commission took the time to prioritize each item. Motion made by Beise, seconded by Casey to prioritize the capital outlay projects as follows: 1.) Playground Equipment at Swenson Park, 2.) IP Hall Restoration; and 3. ) DepotJMound Bay Park Information Sign and having the line item requests prioritized as follows: 1.) Park and Open Space Planning, 2.) Winter Skating Rink, 3.) Music in the Parks, 4.) Adopt-a-Green Space, 5.) Tree Plantings, - 6.) Crescent Park Improvements, 7.)Basketball Court; and 8.)Sorbo & Highland Parks Grounds Improvement. The motion carried unanimously. Commissioner Domholt asked if the rental of the Mound Depot would go to a separate fund for parks. Chair Beise stated the Park Commission made a motion in March to approve such a fund designation to be used for park improvements. Councilmember Weycker stated funds from the fishing tournament would also be allocated to a park improvement fund. Park Director Fackler stated this change will be made effective January of 2001. -7222- Mound Advisory Park and Open Space Commission May 11, 2000 Chair Beise asked if there was a way to get the Park and Open Spare recommendations better discussed by the Council. Councilmember Weycker stated the best way to get these items before the Council would be to have them placed on the Council agenda. She explained only action items should be forwarded onto the Council and all other items should stay at the Commission level. Chair Beise stated he would also like to see the Commission updated on Council action for Commission recommendations. Park Director Fackler stated the simplest solution would be to sit down with the City Manager before each meeting to see which items would go onto Council. Councilmember Weycker stated she would like to see this left up to the City Manager as to what would go before the Council and what could be handled at the staff level. 5. DISCUSS ISLAND PARK HALL USES IF REQUESTED Chair Beise asked for the uses list for Island Park Hall from past meeting discussions and requested that this item be tabled for discussion to the June meeting. The Commission agreed. REVIEW: VARIANCE REQUEST FOR PROPOSED SENIOR CENTER CASE 00- Chair Beise stated this item was put on the agenda by mistake but a recommendation could be made to Council on this item. Park Director Fackler concurred and stated the item was sent out in the packet without a recommendation from the City Planner and the packet process needs to be reevaluated. He stated a correction will be made at the staff level to correct the process. Motion made by Casey, seconded by Weycker to strike this item from the agenda and to hold a special meeting on May 17, 2000 or May 18, 2000 at 7:00 p.m. to fully consider the application for the Senior Center with the City Planner present. DISCUSSION: Chair Beise expressed concern for the lack of information and encouraged that the Commission make a recommendation before the next Council meeting. Commissioner Casey asked if this item could be eliminated from the City Council agenda. Park Director Fackler stated this item could not be taken offthe agenda but suggested that the Park Commission could hold a special meeting to discuss this item in more detail. The motion passed unanimously. 4 -7223- MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 8, 2000 Present were: Commissioners Peter Meyer, Norman Domholt, John Beise, Tom Casey; and City Council Representative Leah Weycker. Also present were Park Director Jim Fackler and Secretary Kristine Kitzman and Lynn Peterson. Absent: Commissioner Christina Cooper Chair Beise called the meeting to order at 7:30 p.m. 1. APPROVAL OF THE MAY 11, 2000 POSC MINUTES Motion made by Meyer, seconded by Domholt to approve the minutes of the May 11, 2000 Park and Open Space Commission (POSAC) meeting, as amended below. Motion carried unanimously. 5. DISCUSS' ISLAND PARK,USES Chair Beise questioned whether the list of uses for Island Park Hall had been presented to the City Council as yet. Park Director Fackler stated the list has not yet been presented. -7224- Mound Advisory Park and Open Space Commission June 8, 2000 Chair Beise asked for any suggestions for changes to the list on page 17, with the idea of presenting the list to the City Council as soon as possible. Councilmember Weycker suggested presenting the list of uses in and of itself, without adding the financial information to it. After discussion, the following list was compiled' I.P. COMMUNITY HALL POSSIBLE USES LIST: Family oriented birthday parties along with outdoor activities Small wedding parties Neighborhood group meetings Family resource center Council activities City election voting station Special neighborhood oriented council meeting Conference center for small businesses Technology center Daycare center Adult/Special educational seminars Special computer courses Continuing education learning center City department conference center Aerobic classes Art Center Theater Historical Society Uses Park Program Recreation Building Commissioner Casey asked if there could be a better title for this building than "Island Park Hall" such as possibly "Island Park Community Hall." Chair Beise suggested using only"lP Community Hall" to keep the Island Park designation, but keep other communities from feeling they are not part of the "Island Park Community." After discussion on several suggestions, a vote was taken and consensus was reached to use "I.P. Community Hall." Sa. DISCUSS: SOCCER FIELD NEEDS Commissioner Meyer summarized the need to have permission to use several Mound parks for a grass area so the younger kids can practice soccer skills. 4 -7225- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: RE: April 19, 2001 Pat Meisel, Mayor ~ Kandis Hanson, City Manage~ ~J Jim Fackler, Parks Director ~ . Island Park Shop & Hall Improvements. PARK MAINTENANCE SHOP; > Addition of > Landscaping, 3,664 sqft ..................... $ 238,160.00 Sod ............................ 1,500.00 Shrubs .......................... 1,500.00 Trees .......................... 5,000.00 Retaining Walls ................ 20,000.00 > Asphalt Driveways .......................... 25,000.00 > Fence ....................................... 2,000.00 > Design ~ Engineering 73,290.00 Sub Total $ 366,450.00 ISLAND PARK HALL; > Electrical ................................. $ 14,190.00 > Exterior Windows & Doors ................... 28,600.00 > Rough Plumbing ............. · ................ 8,100.00 > Heat/AC ..................................... 48,030.00 > Roofing ............................. _. _ 12,400.00 > Exterior painting ..... i.[ ............ ii .... 6,160.00 > Design & Engineering ....................... 29,370.00 > Interior Restoration ....................... 110,000.00 > Design & Engineering ....................... 56,870.00 > Contingency ................................ 28,430.00 Sub Total $ 342,150.00 TOTAL $ 708,600.00 i --7226 -- '.cycled paper Mound City Code Section 1000:00 CHAPTER V. NUISANCES Section 1000 - Nuisances - Abatement Section 1000:00. Public Nuisance Defined. Whoever by his or her act or failure to perform a legal duty intentionally does any of the follow is guilty of maintaining a public nuisance, which is a misdemeanor: (a) Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, Or repose of any considerable number of members of the public, or (b) Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public, or (c) Is guilty of any other act or omission declared by law or this Section to be a public nuisance and for which no sentence is specifically provided. (d) Permits real property nnder his/her control to be used to maintain a public nuisance or rents same, knowing it will be so used. Sections 1000:05, 1000:10, and 1000:15 relating to nuisances and abatement are hereby repealed in their entirety. (Ord. #29-1898 - 06-26-89). Section 1000:02. DEFINITIONS. The following words, when used in this ordinance, shall have the meanings ascribed to them: Garbage includes all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials. - Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. -7227- Mound City Code Section 1000:00 Section 1000:05A. Public Nuisances Affecting Health. The following are hereby declared tO be public nuisances affecting health: (a) Carcasses of animals not buried or destroyed within 24 hours aPrer death; (b) The keeping of any animal over six (6) months of age which has not been vaccinated against rabies with an approved vaccine as determined by the official Comprehendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. (c) All public exposure of persons having a communicable disease as defined in Minn. Stat. Section 144.4172 and any building, conveyance, or place where contagion, infection, filth or other source of cause of communicable disease exists; (d) Accumulations of stagnant water, manure, animal feces, or rubbish which are likely to become breeding places for flies, mosquitoes, or vermin; (e) Depositing manure upon any city street, city sidewalk, or city property. (0 Garbage not stored iu rodent free and fly-tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. (g) Accumulatious of rubbish as defined herein. (h) Accumulation of junk, disused furniture, appliances, machinery, automobiles, and parts thereof or any matter which may become a harborage for rats, snakes, or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. (i) The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than %000 pounds, continuously for more than two hours on any property within a -7228- Mound City Code Section 1000:00 residential zoning district or being lawfully used for such properties. Such equipment and vehicles shall include, but are not limited to, the following: dump trucks, construction trailers, back hoes, front-end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck-tractors, step vans, cube vans, and the like. The prohibitious of this subdivision shall not apply to the following: a) b) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving cornpany or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. Any equipment or vehicle described above which is actually making a pick-up or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be lawful. (J) The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all-terrain vehicles, construction vehicles and equipment, or similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses, or other nonpermanent structures except as may be permitted by the Zoniug or Sign Ordinauces. (k) The outside parking and/or storage on occupied residentially used property of usable or' nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures ~nless they comply with Zoning or Sign Ordiuances. All vehicles, watercraft and other articles allowed to be stored outside in an approved manner or occupied residentially used property must be owned by a person who resides on the property. Persons who are away at school or in the military service for periods of time but still claim the property as their legal residence, shall be considered residents on the property. -7229- Mound City Code Section 1000:00 Section 1000:10A Public Nuisances Affecting Morals and Decency. The following are hereby declared to be public nuisances affecting public morals and decency: (a) All gambling devices, slot machines and punch boards, unless approved as a legal device by the State of Minnesota; (b) Betting, bookmaking, and all apparatus used in such occupations; (c) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy house; All places where controlled substances, narcotics or intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, persons are permitted to resort for the purpose of drinking intoxicating liquor or use of controlled substances or narcotics, or where intoxicating liquor, controlled substances, or narcotics are kept for sale or other disposition in violation of law, and all liquor controlled substances, and narcotics and other property used for maintaining such a place; (e) Any vehicle used for the transportation o~ of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose; The use of any fish house, warming house, or other similar structure for any activity listed in (a) through (d) above. (g) A residential dwelling (party house) that habitually (requiring three (3) or more police responses in a six (6) month period) provides a meeting place where alcohol or narcotics are consumed or neighbors are disturbed and causes complaints requiring a police response. Section 1000:15A Public Nuisances Affecting Peace and Safety. The following are declared to be public nuisances affecting public peace and safety: (a) All snow and ice not removed from public sidewalks 12 hours after the snow or other precipitation causing the condition has ceased to fall; (b) All wires and limbs of trees or bushes which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles, any limbs or bushes which block the clear view of traffic signs and all limbs of trees closer to the street surface than 15 feet and all limbs of trees closer to the surface of a sidewalk than 8 feet; -7230- Mound City Code Section 1000:00 (c) Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this Section or other applicable law; (d) Radio aerials, radio towers, television antennae, television towers or satellite dishes erected or maintained in a dangerous manner; (e) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free uses of the streets or sidewalks; (0 All hanging signs, awnings, and other similar structures over streets and sidewalks so situated so as to endanger public safety, or not constructed and maintained as provided by this Section; (g) The allowing of rain water, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (h) Waste water cast upon or permitted to flow upon streets or other public property; (i) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other materials, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health, or safety hazards from such accumulation or from the rank growth of vegetation among the items so accumulated; (J) Noxious weeds, as that term is defined in Section 18.171 of Minnesota Statutes, and any excessive growth of other weeds; excessive growth of weeds means weeds or grass which are 12 inches or more in height; (k) Any wire, except clothes line wire, which is strung less than 15 feet above the surface of the ground; -' (1) Any fence or other structure maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property; (m) All buildings, walls, and other structures which have been damaged by fire, decay, or otherwise, and which are so situated as to endanger the safety of the public; -7231 - Mound City Code Section 1000:00 (n) (o) (P) (q) (r) (s) (t) (u) (v) (w) (x) (Y) Alt dead standing trees which present a hazard to like or property, all elm or other trees found harboring the Dutch elm beetle, ail dead standing elm wood, and all cut elm or other wood found harboring the Dutch elm beetle; All dangerous, unguarded machinery, including derelict autos, derelict boats, and derelict refrigerators and freezers, in any public place, or so situated or operated on private property as to attract the public; Swimming in a channel or swimming or diving from a channel bridge; Operating any water craft, motor vehicle,, or powered device, or propelled device, on the open water, or upon the ice of a body of water, in such a manner as to endanger life, limb, or property; Standing upon any street bridge or railroad bridge for the purposes of fishing therefrom; Causing to be made any fire on any public beach area or park except in fireplaces designated for that purpose; Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child coming on the premises where it is located; Obstruction to the free flow or water in a natural waterway ot: of a public street, drain, gutter, or ditch with trash or other materials; The placing or throwing on any street, sidewalk, or other public property o~ of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; The depositing of garbage or refuse on a public right-of-way or on adjacent private property; - Conditions which, in the opinion of the Enforcement Officer, are conducive to the harborage or breeding of vermin including materials stored less than 12 inches off the ground; Improper Storing of Fire~vood. 1) All firewood shall be stored in neat stacks. The height of a woodpile over three feet shall be no more than twice its width but in no event shall the height exceed six feet. The stack of wood is to -7232- Mound City Code Section 1000:00 be piled in a regular orderly arrangement that is stable and reasonably resistant to collapse. No firewood shall be stored on the street side of the yard. The total amount of firewood stored on the premises is to be no more than two fireplace cords. Firewood may be stored upon residential premises solely for the use on the premises and not for resale. (Ord.//29-1989 - 6-26-89) Section 1000:20. Duties of City Officers. The Police Department shall enforce the provisions relating to nuisances. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Section 1000:25. Abatement. The City may abate the nuisance by the procedure described below: Order. The Enforcement Officer shall serve a written warning upon the owner as provided herein. The written warning shall also be served upon any responsible party or property owner known to the officer and may be served upon any party known to have caused the nuisance. The written warning may be served by personal delivery or certified mail, or if the premises are unoccupied and the mailing address of the owner is unknown, by posting the warning in a conspicuous location on the premises. The written warning shall contain tile following: 2. 3. 4. A description of the real estate sufficient for identification; A description and location of the nuisance and the remedial action required to abate the nuisance; The abatement deadline, to be determined by the Enforcement Officer, allowing a reasonable time for the performance of any act required. A statement that the order may be appealed at a hearing before the-City Manager by filing a written request containing the owner's mailing address, with the City Clerk before the abatement deadline designed in the order; and A statement that if the remedial action is not timely completed nor a request for an appeal hearing filed with the City Clerk within the time specified, the City will abate the nuisance and charge all costs incurred therein against tile real estate as a special assessment to be collected in the same manner as property taxes. -7233- Mound City Ordinance Section 1000:00 Settin~ Hearin~ Date. In the event that an appeal is timely filed with the City Clerk, the City Manager shall promptly fix a date for an appeal. Notice. The City Clerk shall mail a notice of the date, time, place and subject of the hearing to the owner and known responsible parties. The City Clerk shall also notify the Enforcement Officer. Hearing. At the time of the appeal, the City Manager shall hear from the Enforcement Officer, and any other parties who wish to be heard. After the hearing, the City Manager may confirm or modify the order of the Enforcement Officer. If the City Manager's determination requires abatement, the City Manager shall, in the resolution, fix a time within which the nuisance must be abated and shall provide that if remedial action is not completed within the time specified, the City may abate the nuisance. The City Clerk shall mail a copy of this resolution to the owner and any other party that was provided notice of the appeal hearing. Abatement. If the remedial action is not completed nor an appeal filed within the time specified by the Enforcement Officer, or if the remedial action is not completed within the time specified by the City Manager after an appeal hearing, the City may abate the nuisance. Section 1000:30. Recovery of Cost. Subd. 1. Personal Liability. The owner of premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs and attorneys fees. As soon as the work has been completed and the cost determined the City Clerk or other official designated by the City Manager shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk. Subd. 2. Assessment. If'the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect infested trees, any unpaid charges by the City for the cost of elimination of the nuisance may be collected as a special assessment pursuant to Section 370 of the City Code. Section 1000:35. No Election of Remedies. The notice and abatement as above provided in Section 1000.25A above shall not be deemed the exclusive method for the enforcement of Section 1000. Without notice~ a proceeding may be instituted in a property tribunal for the prosecution ora misdemeanor; and the judge in such a criminal case may impose the fine or penalty authorized by taw in such case made and provided, including that contained in Section 347.04 of Minnesota Statutes for the disposition of dogs constituting a public -7234- Mound City Ordinance Section 1000:00 nuisance. The civil remedies at law and equity shall be deemed available at all times, without notice. The Health Officer may, concurrently with any such procedures, or without such procedures, condemn such structures as unfit for habitation pursuant to Section 1005. -7235- Note: This was faxed to Robert Voss on 02-27-01 and contains his suggestions stated in his letter of' 12-19-00 04-11-0l, changes received from Robert Voss and made. Ord. given to Kandis Hanson. 04-19-01 changes Complete final draft faxed to Robert Vose including changes by Len. -7236- City Days June 16, 2001 April 18, 2001 Dear Parade Participant, The City Days Committee is happy to announce our annual parade celebration to be held Saturday, June 16, 2001. Last year's parade was a great success and we're working to make this years parade even better! The Mohawk Jaycees of Westonka and the Northwest Tonka Lions are co-sponsoring the City Days event. This year the parade is being coordinated by the Westonka Healthy Community Collaborative. We are looldng forward to a great weekend full of fun and entertainment. We invite you to join us on Saturday June 16 at 10:00 a.m. to be a part of the parade with your float, band, car, or other parade unit. Please fill out the enclosed Parade Registration Form and return it to us on or before May 15, 2001. After we receive your Parade Registration Form, we will send a follow up letter with a map, an outline of our staging area, staging times and other pertinent information. There is an entry fee of $25 to help cover costs. This fee will be waived for non-profit organiZations. If you have any questions, please call or email us. We are looking forward to having you join us in the City Days Parade. Sincerely, Leah Weycker, Parade Chairman 952.491.8058 WeyckerL @ westonka.k 12.mn.us 2450 Wilshire Blvd. Ste. D Mound, MN 55364 cc. Tiffany Hartert John Moonen Lorri Ham -7237- City Days Parade Registration Form Saturday, lune 16, 2001 Please print clearly and complete all items. Return this form on or before May 17, 2001. Return to Leah Weycker, Parade Chairman, 2450 Wilshire Blvd. Suite D, Mound, MN 55364 GROUP OR COMPANY REPRESENTED: ADDRESS: PHONE #: *CONTACT PERSON: ADDRESS: PHONE #: Day Evening Other E-MAIL: DESCRIBE THE PARADE UNIT IN DETAIL (attach a separate sheet if needed, for television coverage) ENTRY FEE $25 Enclose with this registration form. Entry fee is required for all single entries. Please make check(s) payable to City Days. RELEASE OF LIABILITY: In consideration of the right to participate, I, and any others with me, hereby release the City Days Celebration Committee, the City of Mound and their employees or agents or any others from any known or unknown damages, injuries, losses, judgments and/or claims from any cause or factor involved. Further, each entrant expressly agrees to indemnify all of the forgoing entities, persons and bodies from any and all liabilities resulting from the conduct of entrants, spectators, or any participant assisting or cooperating with entrant and under direction or control of-entrant. OPERATION: The City Days Celebration Committee, the City of Mound and their employees or agents reserve the right to restrict entrants to acceptable behavior during any and all activities. Violation of behavior deemed unacceptable by any hosting bodies will subject individual to removal. *SIGNATURE: DATE: -7238- Page BB1 0£ BBZ Number 1. April 20, 2001 Tax committee bills addressed next week The House and Senate tax commit- tees will be marking up their respec- tive omnibus tax bills next week. The Senate unveiled a skeleton bill at a meeting this past Wednesday. The bill reveals little about the direction of the Senate. In fact, the property tax and local aids articles only contain blanks for new property class rates and new LGA formula factors. The sales tax article, which could contain an exemption for local government purchases or a base extension to services or clothing, is entirely blank. The full Senate Tax Committee has a hearing scheduled for this after- noon and Saturday morning. Today's agenda lists the omnibus tax bill as the only legislation up for consideration. The House Tax Committee will unveil their bill next Wednesday and take public testimony on Thursday. At this time, we have only a few ideas of what the House bill might contain. Given the governor's property tax reform proposal, it is highly likely that the House will include another phase of class rate compression in their bill. The full state takeover of general education costs is a less certain provision. At a Thursday evening hearing on an LGA reform proposal by Rep. Andy Dawkins, Tax Chair IRon Abrams asked whythe bill was being offered when much of the new census data that could be used to modify the formula is not yet available. This could mean the House will not attempt to rework LGA this year. More next week. TIF proposals considered as omnibus tax bills begin to take shape A draft version of the Senate omnibus tax bill described as being a "skeleton" at this point, meaning that many pieces are missing or will be further refined, was distributed Wednesday evening. The TIF article contains most of the provisions of SF 2198, Sen. Rest's TIF technical bill, the portion of SF 1798 that was amended onto the bill last week removing TIF enforcement authority from the OSA, and a number of special laws. At this point, the Senate omnibus bill does not contain any language that would limit activities in pre-1990 districts. The House held "TIF Day" in the Property Tax Division on Thursday moming. During the hearing, a number of TIF bills were amended. Probably the most notable provisions were amended onto HF 187, Rep. Abrams' pre-1990 bill, by two author's amendments. One of these amend- ments specified that districts created between 1979 (rather than 1982) and 1990 would be affected, and carved out a series of exemptions. The second amendment creates a more restrictive blight test for redevelopment districts, and deletes existing language that makes the creation of a district conclusive as to the underlying findings and necessity for the district. HF 2444, the TIF consultant registra- tion bill introduced by Rep. McEIroy, was amended to prohibit contingency fee arrangements. Rep. Abrams' TIF technical bill, HF 2447, was amended with several modifications that appear to be largely technical in nature. Rep. Lenczewski's pre-1990 bill, HF 1505, was heard but was not amended. We expect the House omnibus tax bill to be unveiled next Wednesday. Funding bill passes out of Senate Transportation Budget Committee The $535 million Senate transporta- tion funding bill passed out of the committee on Thursday night with provisions, including a 3 cent per gallon gasoline tax increase, and a 50 percent MVET dedication consti- tutional amendment. Under the proposed constitutional amendment, h ig hways would receive 32 percent of the transferred money, and trans would receive the remaining 18 per- cent. The appropriations for local roads include'. ,$216 million from the municipal state aid fund for distribu- tion to cities, and $1 million for municipal turnbacks. Next stop for the bill is the Tax Committee, where is it very likely amendments will be offered for a 100 percent MVET dedication, and a potentially larger gas tax increase. Other stops for this bill next week, include the Finance Committee and the Rules Committee. The House transportation package is expected to be available Monday and passed out of committee on Tuesday in the House Transporta- tion Finance Committee in Room 5 of the State Office Building. For more information on city legislative issues, contact an)' member of the League of Minnesota Cities Intergovernmental Relations team. C651) 281 '._ ?'~-9":',~0) 925-1122 ~pr ~0 ~001 15:13:4fl Via Fax -> ~&~ini~%rator Page 002 0£ 00~ FRIDAYFAX 20, 2001 -- P,~e 2 City Officials needed to serve on LMC Nominating Committee The Nominating Committee plays an important role in selecting the League Board of Directors. The commit- tee convenes on Wednesday, June 20 at the Annual Conference in Duluth to interview candidates for Board and officer positions. The Committee's recommendations are presented to member cities at the LMC business meeting. The Nominating Committee is made up of 8 to 12 city officials, consisting of both elected and appointed officials with attention to issues such as gender, city size, and geography. City officials interested in serving should contact Jim Miller at (651) 281-1205 or toll-free (800) 925-1122. LMC Board of Directors is expected to appoint the Nominating Committee by May 3. League of I~linnesota Cities 2001 Annual Conference LMC's 88'~ Annual Conference June 19-22, 2001 Duluth, Minnesota WWW.¢l ~,'.' c h a n g, D c h a I lenge :i:!::i i'.2 !i .mn.u~ Attend LMC's premier conference event of the ?~ar and renew your ideas, ener~; and commitment to your ciw's leadership. Registration information was mailed to your ci~- clerk-- check the March/April or May issues of.a¢innesora Cirie~ magazine for more details, or register online right now at www. lmn¢.org. Mark your calendar and we'll see you in Duluth in .Tune: Conference Highlights: · Oucscandin~ sp¢3kcrs - Camille Cotes B~rnert. Ph.D. widely regarded a~ one of America's most ~alen~ed ciO, - Rod Raymond Duluth ~ria~hle~ and Olympia~ ' LMC% Web For Cities ~he etec~ed offic1'a/~' introduction · Topics to suk e,,ery ci£y · Door Prizes every city can really use · LMC BayFront Blues and Cruise · City Night 3t the Great Lakes Aquarium REGISTER ONLINE ANYTIME' WWW.LMNC.ORG -7240- CALL TO ORDER ROLL CALL LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, April 25, 2001 Tonka Bay City Hall CHAIR ANNOUNCEMENTS, Chair Foster · Introduction of Lt. Brian Johnson, Hennepin County Sheriff's Office Water Patrol READING OF MINUTES- 4/11/01 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA- Consent Agenda items identified with a (*) will be approved in one motion unless a Board member request discussion of any item, in which case the item will be removed from the consent agenda. PUBLIC HEARING · U.S. Boat and Recreation, Inc., new on-sale non-intoxicating Malt Liquor License application for the charter boat, Looneytoon. 1. Public Hearing 2. Discussion and/or Consideration FINANCIAL A) Abdo, Abdo, Eick, & Meyers, discussion of draft 2000 LMCD Audit; B) Audit of vouchers (4/16/01 - 4/30/01); C) (*) March financial summary and balance sheet; D) Additional Business; LAKE USE & RECREATION A) Lake Minnetonka Charter Boat Association, consideration of request to amend LMCD Code pertaining to charter boat regulations; B) c) D) Meeting Report from the 4/18/01 Lake Minnetonka Wetlands Task Force meeting (handout); Update on 2001 Sheriff's Office Water Patrol Proposal for the 2001 Boating Season; Additional Business; WATER STRUCTURES A) Donald and Loretta Mann, consideration of Findings of Fact and Order for approval of variance application from LMCD Code for dock length; -7241 - B) Smithtown Bay Association, consideration of 2001 new multiple dock license, with minor change, al~plication to reconfigure BSU's 15, 16, and 17 at a non-conforming facility on Smithtown Bay; C) Ordinance Amendment, Discussion of an ordinance relating to waiving of side setback requirements, through mutual consent, amending LMCD Code Section 2.015; D) City of Minnetonka Beach, consideration of new multiple dock license application to reconfigure a non-conforming BSU at its Cross Point Road Site, Dock Site #10 (previously tabled at the 4/11/01 Regular meeting); E) (*) 2001 Multiple Dock Licenses, staff recommends approval of 2001 renewal, without change, multiple dock license applications for Cedarhurst Association, Dr. Glen Nelson, and Sandy Beach Place; F) Additional Business; 4. EWMIEXOTICS TASK FORCE A) 2001 EWM Harvesting Season, staff overview of project; B) Report from the 4/13/01 EVVM/Exotics Task Force Meeting; C) Additional Business; 5. ADMINISTRATION A) Consideration of Proposals received regarding improving District computer operations; B) Staff update on LMCD WebSite; C) (*) Motion to accept resignation letter of Diane Samis, effective 5/1/01; D) Additional Business; 6. EXECUTIVE DIRECTOR REPORT 7. SAVE THE LAKE 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT -7242- LEN HARRELL Chief of Police TO: FROM: SUBJECT: MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 Kandis Hanson Chief Len Harrell Monthly Report for April, 2001 STATISTICS ..................... The police de~atilnent responded to 1,048' ~calls for service during the month of April~ There Were 47 Part I off~%reported. Those offenses included 1 r'6bbery, 10 burglary, and 36 l~e~es. There were 90 Part II offenses reported!r'~ Those offenses 3 child abuse, 2 forgery/NSF, 9 criminal damage t~propC-ty, 6 narcotics, 15 liquor law violationS, tO DUI's;. 2 simple aSsd~ts, 9~domestics (4 with assaults), 4 harassment, and 30 other offenses; The patrol:division :issiledadult .citatioiis and. 4 juvenile citations. Parking Warnings were issued to;:60.indiVidualS::f0~,a vari~ of violatiOns. There were 2adults~d :1' jUVenile felonies, and37 .adults and 24 juveniles arrested formiSdemeanors.~.There were'~!~gmiSdemeanor adult warrant arrests an~ 4 '~, ~ ~' '~-': ~ ~ ~ The cpartznent asszstedm:'i0 vehzcle accidents, 2 ,wzth injuries. There were 25 Mound assisted other assistance on 4 -7243- MOUND POLICE DEPARTMENT MONTHLY REPORT- April, 2001 II. INVESTIGATIONS The Investigators worked on 4 child protection issues and 1 criminal sexual conduct case in April. The robbery of the Crow River Bank has consumed a large amount of investigative time. Other eases included burglary, assault, theft, absenting, tampering with auto, damage to property, fraud, deprivation of parental rights, concealed weapon violation, controlled substance violation, harassment, forgery, and terroristic threats. Formal complaints were issued for gross misdemeanor DWI's, domestic assault, disorderly conduct, and animal at large. III. PERSONNEL/STAFFING The department used approximately 92 hours of overtime during the month of April. Officers used 23 hours of comp-time, 61 hours of sick time, and 109 hours of vacation. Officers earned 23 hours of comp time. IV. TRAINING One officer attended EMT mining, two attended intoxilyzer recertification, and three attended PTAC. V. COMMUNITY SERVICE OFFICER CSO Salter handled 221 calls for service including 38 animal complaints, 33 ordinance violations, and 150 miscellaneous calls. Two citations were issued. VI. RESERVES The reserves donated 100 hours to the community in April. -7244- Med aco 14162 Commerce Ave., Suite 100 Prior Lake, MN 55372 Email: tbordwell(~mediacomcc eom Tom Bordwell Director of Government Relations Toll Free: (888) 591-8062 ext. 222 Fax: (952) 440-9661 April27,2001 Dear Mayor Meisel: Mediacom has had an exciting year and is very proud of the accomplishments made to improve our products and services. On a corporate level, our Chairman and CEO, Recto B. Commisso has successfully guided the financing and management needed for Mediacom to grow into 22 states, passing over 1.2 million homes. In our North Central Region, we are beginning to utilize the benefits of our vast fiber optic network to deliver broadband services. Now, your community will enjoy the latest technology and products as detailed in the enclosed attachment. Because our programming line-up will have a different look to it, we are taking every opportunity to inform our customers and public about these exciting changes. Mediacom is very excited to provide new Digital Services and Pay-Per-View products to your community. Also, our deployment of high-speed Intemot access will be completed this summer. On another note, Mediacom's North Central Region has a new Regional Vice President, Mr. Charlie King. Mr. King has a proven track record of success in our industry and brings excitement and enthusiasm to our Region as we move forward. We have also added three Area General Managers to provide leadership and assure performance as we continue to roll out new services and compote successfully in your community. The General Manager for your community is Mr. Bill Jensen. Bill's main office is in Mound, MN and his telephone number is (952) 472-6764. I have enclosed a copy of our latest customer notification that describes changes to our rates and / or programming. (Due to federal regulations, there may be additional minor changes to the alignment after May 30~.) Mediacom appreciates the opportunity to provide service to your community and looks forward to continuing our operation in 2001! -7245- Mediacom is bringing advanced digital technology and new channel choices to the Lake Minnetonka Area on May loth, 2001. This recently completed fiber optic network will provide you with superior picture quality, enhanced interactive services, and your best entertainment value. Please watch for more information on these new services in your mail and tocal papers ~T~,H, Channel 229 Channel 223~,] Channel 230," I~"~ Channel213 Channel 215 Channel 210 Channel 226 To accomodate these-new ohanneis, some of your old favorites are going to be changing their channel location. The Lake Minnetonka channel lineup listed below will start on Thursday, May lOth, for Mediacom customers in the following locations. Chanhassen Lineup 42 Travel Channel 203 Discovery Health Premium Movie Channels Broadcast Basic Service 43 The Discovery Channel 205 Game Show Network 301 HBO E 2 KTCA (PBS)/MPLS/St, Paul 44 The Learning Channel 206 Fox Sports World 302 HBO W 3 WFTC (FOX) MPLS 45 Animal Planet 207 Golf Channel 303 HBO PLUS E 4 WCCO (CBS) MPLS 46 Nickelodeon 208 BBC America 304 HBO PLUS W 5 KSTP (ABC) MPLS 47 Cartoon Network 209 Turner Classic Movies 305 HBO FAMILY E 6 C-Span 2 48 Disney 210 Independent Film Channel 306 HBO FAMILY W 7 Mediacom Promotions Channel 49 TV Land Variety Packaoe 307 HBO SIGNATURE E 8 Local Access 50 Soap Network 211 A&E Biography 308 HBO SIGNATURE W 9 KMSP (UPN) MPLS 51 E! 212 History Channel International 315 CINEMAX E 10 KMWB (WB) MPLS 52 Comedy Central 213 LifeUme Movie Network 316 CINEMAX W 11 KARE(NBC) MPLS 53 MTV 214 Trio 317 MORE MAXE 12 QVC 54 VH1 215 Much Music 318 MOREMAXW 13 Gameshow 55 CMT 218 Women's Entertainment 351 SHOWTIMEE 14 KSTC (IND) St. Cloud 56 TNN 222 Fox Movies 352 SHOWTIME W 15 WGN 57 TBN 223 Health Network 353 SHOW'rIME2 E 16 C-Span 58 Odyssey 224 Good LifeTV 354 SHOWTIME2W 17 KTCI (IND) MPLS 59 EWTN 225 Tech TV 355 SHOV~FIME 3 E 18 KPXM (PAX) MPLS 60 CNN 226 Bloomberg 356 SHOWTIME 3 W 19 Educational TV 61 Headline News 228 Inspirational Life 357 SHOWTIME EXTREME E 20 Mound Local Access Channet 62 Fox News 229 CNN/SI 358 SHOW'rIME EXTREME W 21 LMCC Channels (Video Tapes) 63 MSNBC 230 Outdoor Channel 365 TMC E 22 Cinemax 64 CNBC 231 Style 366 TMCW Expanded Basic Channels For All 65 Golf ChannsI Spanish Digital Tier 367 TMC 2 E 23 The Weather Channel 66 TBS (Coming Soon) 368 TMC 2 W 24 ESPN 67 A&E 250 CBS Telenoticias 369 FLIX 25 ESPN II 68 The History Channel 251 Discovery En Espanol 370 SUNDANCE 26 FOX Sports Net (MSC) 69 HGTV 252 Cine Latino 401 STARZ E 27 FX 70 Univision 253 Rio De La Plata 402 STARZ W 28 Speedvision 71 Court TV 254 Fox Sports Work En Espanol 403 STARZ 2 E 29 Lif~me 73 BET 255 CNN En Espano! ~t04 S'I:ARZ ~ W 30 Fox Family Channel 78 TCM 256 Toon Disney En Espanol 405 ENCORE E 31 USA PPVChannels 257 MTVS 406 ENCORE W 32 Sci-Fi 101-114 iN Demand 1-14 258 VH Uno 411 WESTERNS E 33 Encore 131-134 iN Demand 31-34 259 DMX (Spanish) 412 WESTERNSW 34 Turner Network Television 135 Playboy 260 DMX (Spanish) 413 LOVE STORIES E 35 Bravo 136 Spice 261 DMX (Spanish) 414 LOVE STORIES W 36 AMC 137 Spice 2 262 DMX (Spanish) 415 MYSTERY E 37 HBO 138 Hot Choice 263 DMX (Spanish) 416 MYSTERY W 38 TvGuide 150-157 ESPN & Sports PPV 264 DMX (Spanish) 417 TRUE STORIES E 39 Starz Digital Basic Channels 265 DMX (Spanish) 418 TRUE STORIES W 40 Food TV 201 Discovery Kids Digital Music Choice 419 ACTION E 41 Showtime 202 Discovery Science 545-545 Digital Music Choice (45) 420 ACTION W New Lake Minnetonka Area Rate Schedule Effective June 1 Limited Basic (channeLs 2-22) $13.50 Digital Access $45.95 Family Cable Digital Choice $53.95 (channeLs 2-78) $36.95 Digital Value $62.95 Total Digital $74.95 Digital Variety Tier $1,95 add-on Digital Spanish Tier $5.95 Coming Soon! Mediacom's knowledgeable customer service staff is available 24 hours a day to answer any questions you have about Mediacom's services. Please call us at: Med acom -7246- Page 1 of 5 KandisHanson From: "Barbara Olson" Sent: Thursday, May 03, 2001 3:14 PM Subject: westonka.news westonka.news Vol. 1, No. 26 May 4, 2001 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 mailbox 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; e-mail: wel iste n @westo n ka. kl 2 .mn. us. **Special Issue Focus: Budget Reductions Update. Ed. note: this is a detailed update on the impact of budget reductions for 2001-2002. To break up the length and make it easier for readers to scan, the full article is broken into subdivisions, as noted in "Contents" (below). CONTENTS 1. Special Issue: Budget Update ++Introduction ++Background --Fundamental finance facts ++What does it mean for Westonka? ++Where will cost savings come from? ++Focus on Transportation --What we know --What we don't know --Timeline ++What's next? ++How you can get more information 2. Upcoming Events 3. We Want to Hear from You -7247- 05/03/2001 Page 2 of 5 Introduction +++++++++++++++++++++++ It will be some time yet before the impact of the Westonka Public Schools' $300,000 in budget cuts for the next school year, and a potential additional $300,000 for the following year, is completely clear. Until then, this message will serve as one in a series of updates about proposed cuts and projected impact. This update will focus on the expected impact of transportation savings. +++++++++++++++++++++++ Background It appears that the funding increases proposed by the legislature will not be enough to cover the projected increases in operating costs for next year. **Fundamental Finance Facts** A fundamental point: Operating funds cover day-to-day operations, such as staff salaries, transportation, fuel bills, and health insurance. Capital outlay funds, such as those raised via the recent bond referendum, are used for projects that have Iongterm life and create lasting value, such as building repair and technology. The two types of funds, by law, must remain separates they cannot be mixed and matched. Westonka projects a 4.7% increase in expenditures for 2001-2002. At this time, the legislature is considering a funding increase of approximately 2% for the same fiscal year. Therefore, Westonka will undergo budget cuts in order to stay within available funding. +++++++++++++++++++++++ What does it mean for Westonka? +++++++++++++++++++++++ We know the bottom line: reductions of $300,000 for 2001-2002. We have a tentative plan of how to get there, but the specifics can, and probably will, change once the legislature makes a final decision about K-12 funding in late May. Until then, school district officials will make the best plans they can, based on projections of what the legislature might do in the coming weeks. Where will cost savings come from? +++++++++++++++++++++++ Cost savings can be achieved in four main areas. These areas will be treated in more detail in future updates. 1) By combining public and non-public student transportation, the district can save $80,000. State law requires that public school districts provide bus transportation to non-public students and a separate bus route currently is dedicated to serve non-public students. Given tight operating budgets, however, separate transportation is no longer an option. Reductions will be -7248- 05/03/2001 Page 3 of 5 made in bus driver hours on some contracted driver routes, as well as some employee driver routes. 2) Approximately $37,000 can be saved by eliminating'a mechanic position, reconfiguring two clerical positions, and charging the Early Childhood program for some of its utilities costs. 3) Reductions in an administrative intern position at Grandview Middle School, a teacher mentorship program, and a tutoring program at Hilltop Primary will reduce costs by approximately $$5,000. 4) 3.9 FTE teaching positions will be cut, reducing costs by about $140,000. Focus on Transportation +++++++++++++++++++++++ Combining public and non-public student transportation is expected to save the district about $80,000 in transportation costs. Achieving those savings, however, will require some flexibility on everyone's part. While the changes will be more noticeable to some than others, they are considered to be both moderate and sensible. **What we know** Combining public and non-public routes means that the start times for Our Lady of the Lake, Calvary Memorial Christian, and Hilltop and Shirley Hills Primary Schools will have to move closer to one another, since the students will all be transported at the same time. In previous years, buses transported high school and middle school students, then did a loop for non-public students, followed by a final route for public primary students. The new schedule will continue to do an early loop, transporting middle and high school students first, and then do a second, final loop for the primary and non-public students. The transportation changes result in more savings by nudging pick-up times for the two routes closer to one another. For Westonka primary school students, then, school will start 25 minutes earlier than usual and end 5 minutes later, increasing the school day by a total of 30 minutes. A longer school day will incur some additional costs, such as additional time for school health aides, but the costs are minimal compared to the savings. Teacher prep time will be provided, as suggested in the teacher contract. The impact at Grandview and Mound Westonka will be less noticeable. For example, middle and high school students will continue to ride the bus together, as they have in the past. But some new benefits are expected to come out of the revised transportation/school start time schedule. By dropping Grandview students off closer to the time their student day starts, there will be less waiting in the cafeteria. Middle school students also will board the buses first in the afternoon, saving them the discomfort of asking an older student to share a seat. Finally, high school students will continue to be dropped off early enough to allow time for breakfast before they go to class. District administrators are discussing implementation of a revised bus schedule, including slightly adjusted start and end times at both sites, and more efficient drop- off and pick-up options. -7249- 05/03/2001 Page 4 of 5 **What we don't know** The main unknown variable is traffic management on County Road 110. Hennepin County is making major improvements to this road, but both the timeline and the details of how traffic will be managed during and after construction are unknown at this time. District administrators are in contact with the county, and they know flexibility and resourcefulness will be key over the coming months. **Timeline** At its regular meeting on May 14, the Westonka School Board will be asked to approve revised start/end times for the student day for 2001-2002. At press time, those proposed times were as follows: Grandview Middle School (7:41 a.m./2:27 p.m.); Mound Westonka High School (7:46 a.m./2:33 p.m.); Shirley Hills and Hilltop Primary Schools (8:45 a.m./3:15 p.m.) (At this time, the school day at the non-public schools is expected to run from 8:40 a.m. to 3:10 p.m.) At the School Board special study session on May 21, school district staffwill present some ideas for implementation options, for example, what those extra 30 minutes might look like for both students and staff. This month, a bus ridership survey is being distributed to all district families, asking families to register for school bus transportation service next year. Survey responses will help the transportation department work over the summer to plan cost-effective, efficient routes. What's next? +++++++++++++++++++++++ School district staff will continue to work out the details of implementing revised school start times. Further updates will be provided through district e-mail to staff, the westonka.news electronic newsletter, local newspapers, and direct mailings to student households. How you can get more in~rmation +++++++++++++++++++++++ Please call the appropriate staff person below with any questions about: Bus routes: Transportation coordinator Barbara Dahlke, 952.491.8280 Costs: Business administrator Chuck Herdegen, 952.491.8021 Planning: Superintendent Dr. Pam Myers, 952.491.8001 or send an e-mail message to: welisten@westonka.k12.mn.us UPCOMING EVENTS --May 6-12, National Teacher Appreciation Week. Care enough to give some encouragement -7250- 05/03/2001 Page 5 of 5 to Westonka teachers? Send a note to school or an e-mail message directly to the teacher (e- mail addresses are on our Web site http://www.westonka.k12.mn.us/general/directory.html ) --May 7, Grade 5 Choir Concert, 7 p.m. Grandview Middle School. --May 8, National Teacher Day --May 8, Hilltop Primary School PTA meeting, 7 p.m. Media Center. --May 8, Grades 8 & 9 Choir Concert, 7:30 p.m., Mound Westonka High School. --May 10, Grade 6 Band Concert, 7 p.m., Grandview Middle School. --May 10-11, Pop Singers Thank You Show, 7:30 p.m. WE WANT TO HEAR FROM YOU! We would like to hear your feedback on any of the topics above, or any 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 To unsubscribe from this list, please send a message to Barbara Olson at <olson b@weston ka. k 12. mn. us> It is the mission of the Westonka Public School District, in partnership with students, parents, and the community, to create the environment necessary to achieve quality education for lifelong learning. Westonka Public Schools 2450 Wilshire Boulevard, Suite A Mound MN 55364 tel: 952.491.8006; fax: 952.491.8043 welisten@westonka.k12.mn.us http ://www.weston ka. k 12. mn. us westonka.news is published by the Community Relations Department, Barbara Olson, editor. -7251 - 05/03/2001 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 · www.ci.shorewood,mn.us · cityhall @ci.shorewood.mn.us March 19, 2001 TO: FROM: SUBJECT: City Managers/Administrators, Executive Directors, a~d Others ' Craig W. Dawson, Shorewood City Administrator ~ Legislation regarding Lawn Fertilizers Containing Phosphorus (SF 1789) First, I wish to thank those of you who have worked with your governing boards to show support for a legislative effort to strongly restrict the use of lawn fertilizers that contain phosphorus. (I have included a summary of actions taken by those the City has contacted asking for a resolution of support.) As you know, we have spent the past few weeks drafting a bill and seeking legislative authorship for it. Today, Senator Linda Higgins, with Senators Jane Ranum and Don Samuelson, introduced SF1789. It has been referred to the Environment and Natural Resources Committee of the Senate. The bill must be reported out of Committee by Friday, March 30, to remain alive for this session. This bill is more sweeping than HF 15,08 .and HF 1524, which would restrict the use but hardly affect the sale of these fertilizers statewide or in the metropolitan area, respectively. While the text of SF 1789 looks a lot like these House bills, th6 key difference is in Subdivision 4 of SF 1789. It would prOhibit statewide the sale of such lawn fertilizers (with a few reasonable exceptions). The other key difference in SF 1789 is that it would be codified in the water quality section of Minnesota Statutes, and be administered and enforced by the Minnesota Pollution Control Agency. The fertilizers affected by this legislation would be only those used for lawns (or "turf" as defined in the bill). It would not apply to fertilizers used for agricultural or gardening purposes. Controlling the sale of lawn fertilizers is one of the most economical best management practices to improve the quality of water in lakes, streams, and wetlands. Years of consumer education have come up short. SF 1789 would significantly change the approach taken to remove the unnecessary use of an unnecessary element - phosphorus - for lawn care. I would encourage you to contact your legislators to indicate your support of SF 1789. As I've learned from speaking with many of you, the provisions of this bill would offer the best approach thus far to attain the goals and objectives of your water quality management plans. PRINTED ON RECYCLED PAPER -7252- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331~8927 · (952) 474-3236 FAX (952) 474-0128 · www. ci.shorewood.mn.us · cityhall @ci.shorewood.mn.us April 26, 2001 Ms. Kandis Hanson City of Mound 5341 Maywood Road Mound, MN 55364-1627 Re: Legislation on Lawn Fertilizers Containing Phosphorus Dear Ms. Hanson: Over the past two months, tremendous interest and support have been shown for legislation to enact strong limitations on the use and sale of lawn fertilizers that contain phosphorus. The good news and the bad news are that legislation on these fertilizers is dead for thiS session. The bad news is that SF1789, which would have effectively addressed the use and sale of lawn fertilizers statewide, did not have a hearing prior to the March 30 deadline. As good news, the so-called Ag Bill (HF1524/SF1555) made it to the House floor but did not make it out of Senate committee. This bill hardly addressed the sale of phosphorus in lawn fertilizers, and would have been both preemptive and prescriptive for metro-area cities. (Enclosed is a memorandum from Shorewood's city administrator, summarizing what happened during this session.) So far, 30 cities (including four outside of the seven-county metro area), the Minnesota Association of Watershed Districts (MAWD), the Minnehaha Creek Watershed District and the Lake Minnetonka Conservation District have stated their support (mostly through resolutions) of statewide limitations on the use and sale of lawn fertilizers containing phosphorus. Many commented that they believe state-level regulation is, in the end, the only effective way to control the use and sale of these fertilizers. The population of these cities is more than 1,000,000 - over 20 percent of Minnesota's residents. This figure alone indicates the widespread, grass-roots support for more effective regulations to improve the quality of waters enjoyed by Minnesotans throughout the state. During the short period of time spent developing the proposed legislation, others - including those outside of government - indicated their support as well. Momentum has developed quickly across a broadening coalition. We will keep building it for the next session of the Legislature. PRINTED ON RECYCLED PAPER -7253- Re: Legislation on Lawn Fertilizers Containing Phosphorus April 26, 2001 Page Two t want to thank those cities that have passed resolutions or given other indications of support for such legislation. To-those cities that have not shown such support, I encourage you to do so. Please send your showing of support to the City of Shorewood. We will keep you informed of progress. Sincerely, Woody Love Mayor c: City Manager/Administrator -7254- City of Shorewood 04.26.01 Status on action re: Resolution supporting comaining phosphorus legislation restricting use and sale of lawn fertilizers Bloomington Adopted Burnsville Adopted Coon Rapids Adopted Cottage Grove Adopted Deephaven Adopted Eagan Adopted Eden Prairie Adopted Edina Referred Elk River Adopted Excelsior Adopted Golden Valley Adopted Resolution ResOlution Resolution Resolution Resolution Resolution Resolution to its Health Advisory Committee Resolution Resolution Resolution Greenwood Adopted Resolution Hennepin County Board Hennepin Parks Lake Mtka Conservation District Lakeville Litchfield Little Canada Little Falls Long Lake Several commissioners are supportive Scheduled to consider resolution on April 5 Adopted Resolution Referred to Env'l Affairs Cmte; will be at City Council May 7 Adopted Resolution Adopted Resolution Adopted Resolution Adopted Resolution Minneapolis Adopted Minnehaha Creek Watershed Dist. Adopted Minnesota Association of WSDs Adopted Minnetonka Adopted Minnetrista Monticello Morris Mound New Hope Oakdale Orono Plymouth Prior Lake Robbinsdale Rosemount Saint Louis Park Spring Park Stillwater Woodland Worthington Resolution Resolution Resolution Resolution Supports legislation, provided local ordinance is not necessary Adopted Resolmion Adopted Resolution Council approved motion of support on March 13, 2001 Adopted Resolution Environmental Committee supports Adopted Resolution Supportive ResolutiOn -- in 2001 Resolution of legislative priorities Adopted Resolution Adopted Resolution Resolution will be considered by Council Its water management plan supports restrictions for such fertilizers Adopted Resolution Adopted Resolution Scheduled to consider resolution in April Adopted Resolution -7255- City of Shorewood 26-Apr-01 POPULATION OF CITIES SUPPORTING RESTRICTIONS ON USE AND SALE OF LAWN FERTILIZERS CONTAINING PHOSPHORUS CiW Population (*=2000 Census) Bloomington 85,172 * Bumsville 60,220 * Coon Rapids 61,607 * Cottage Grove 30,582 * Deephaven 3,853 * Eagan 63,557 * Eden Prairie 54,901 * Elk River 16,447 * Excelsior 2,393 * Golden Valley 20,281 * Greenwood 729 * Litchfield 6,562 * Little Canada 9,771 * Little Falls 7,719 * Long Lake 1,842 * Minneapolis 382,618 * Minnetonka 51,301 * Monticello 7,868 * Morris 5,086 * Mound 9,435 * New Hope 20,873 * Orono 7,538 * Plymouth 65,894 * Prior Lake 15,917 * Robbinsdale 14,123 * Saint Louis Park 44,126 * · Shorewood 7,400 * Spring Park 1,717 * Stillwater 15,'143 * Worthington 11,283 * Total 1,085,958 -7256- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 · www. ci.shorewood:mn.us · cityhall@ci.shorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator/~ ~'5 April 9, 2001 Lawn Fertilization Legislation The City-coordinated legislative effort for stronger limitations on lawn fertilizers containing phosphorus ("P") is dead for this session. Senator Linda Higgins scuttled the SF1555, the companion to HF 1524 that had been passed on to the House floor. Without progress of the Senate' companion, this legislation can not go on to conference committee for enactment this year. The Bills under Consideration There were three bills affecting lawn fertilizers this session: HF 1524 (Leppik)/SF1555 (Higgins) These files have been referred to as "the Ag Bill", as it came out of a one- or two-year effort by the Minnesota Department of Agriculture to work outa compromise among the stakeholders it identified. Its key features were:' Affect the use of lawn fertilizers, limiting P to three percent (the major manufacturer(s) has a five percent minimum of P in the blend) · Regulations regarding sale were limited to requiring retailers to provide consumer information at the point-of-sale · Focus of legislation was on consumer education · If cities in the seven-county m_etropolitan area decided to adopt their own ordinances, they would be limited in what and how they could regulate lawn fertilizers by this Act · This pre-emptive and prescriptive feature became the key sticking point that stalled progress on the Senate bill HF 1508 (Howes)/SF 1565 (Hi~ins) These files were similar to I-IF1524/SF1555, but did not include the preemption/prescription provisions. These bills did not progress out of their initial committees. -7257- SF1789 (Hi~gln.qyHF2075 (Kelliher) These files were the ones that the City of Shorewood offered to the legislative authors. Key . features included: Restrictions on the use of lawn fertilizers containing P Restrictions on the sale of lawn fertilizers containing P; simplistically, allowing retailers to sell them only to persons showing need to use P to establish or maintain their turf Related only to lawn fertilizers, not to agricultural or gardening purposes Statewide in scope Neither of these bills made it out of their initial committees, and as such could not be considered for the rest of the 2001 session. The only bill that had made it through one committee of either side of the legislature by the March 30 deadline was I-IF1524. Consequently, SF1555 would be the only Senate bill in play. We had hoped that Senator Higgins would consider a "delete all mnendment" to SF 1555, and substitute the text of SF 1789. The Course of the Week of Aoril2 SF1555 was scheduled to be heard by the Senate Environment and Natural ResoUrCes Committee on morning, April 3. An amended bill was created by mid-afternoon Monday, April 2, but a copy of bill was not forwarded to the City. During the course of the hearing, Senator Higgins was literally "lobbied" outside the hearing room by persons representing the City, the Department of Agriculture, and others interested in the sale or manufacturer of lawn fertilizers. (Plymouth Councilmember Girmy Black joined on the cities' side of the discussion.) In the end, senator Higgins delayed discussion of the bill to the Thursday, April 5, meeting of the Committee, and asked that the parties in the lobby develop a compromise on Wednesday, April 4, that she could bring forward on April 5. Representatives of the cities, Department of Agriculture, and Minnesota Nursery & Landscaping Association met at the Ag offices on Wednesday morning. We identified for Ag what would be an acceptable (although not preferred) bill, and indicated that future legislation would also be need to be developed. Essentially, the bill could go through provided that (a) the law would apply to the metropolitan area, such that local ordinances would not be necessary, and (b) cities, water management organizations, and retailers be specifically named as groups to be consulted by the Department of Agriculture when evaluating further regulatory and research needs. We heard later that afternoon from higher-ups in Ag that they could not suPpOrt these provisions. In the early evening, Senator Higgins called Mayor Lox;e and said that she was pulling the bill. Next Steos · We will build upon a coalition that has been quickly forming behind the City's initiative to regulate the use and sale of lawn fertilizers containing P. Already, 25 cities (including three in Greater Minnesota) and two rg~zzations have adopted resolutions or have positions supporting this scope of regulation. The population fthese 25 cities is 960,000, or 20 percent of Minnesota residents. We will also work with our municipal organizations - the League of Minnesota Cities and Association of Metropolitan Municipalities (AMM) - to develop and gain approval of policy positions favoring the sale-and-use legislation. -7258- Apr 28 2881 14:48:49 Pla Fax -> Eandis Hanson Page 882 0£ 00Z AMM FAX April 16-20, 2001 I I Association le£ropolitan lunicipaljtj¢ Tax Bills to Contain Tax: Increment Financing Articles: Contents Being Discussed TheHouse Tax Division Property on Thursday heard and amended several bills that will be included in the omnibus tax bill. Among them am the registration of Tax Increment Financing (TI F) consultants (H F2444), the TIF technical bill (HF2447) and the two pre-1990 bills (HF187 and HF1505), HF2444, The registration bill was amended to prohibit TIF consultants from working on a fee contingency basis, The amended bill may impact how bond fees are structured. The bill's author Rep. McEIroy was made aware of the concern and is willing to discuss the impact. I-/F2447. The technical bill was amended to clarify language regarding interfund loans and other references, HF187and HF1505. The bills were heard jointly. Two amendments were made to HF187. One amendment included exemptions similar to those contained in HF1505, The amended exemptions include the county board approval and special law provisions but AMM Ne~s Fax is foxed w all AMM city managers and administrators, le£1slalive contacts and Board members, Please share this fax with your mayors, ¢ouncilmembers and staff to ke~p them abreast of impor- tant mztro clty issues. 145 University Avenue West St. Paul, MN $5105-2044 Phone: (651) 2]5-4000 ~'a~: ~'6.¢I) 2&1-1299 not the housing district provision. A federal match exemption is also ;added, The time frames have not been changed, The second amendment deletes the definition of "structurally substandard" contained in the redevel- opment district section of the TIF: act. The amended definition defines structur- ally substandard building to be; "in an advanced state of disrepair or neglect of necessary repairs to the primary and structural components of the building that a documente¢t building condition analysis determines that major repair is required or the defects are so serious and so exten- sive that the building must be re- moved; or has major defects in secondary building components, such as doors, windows, porches, ~cutters and downspouts, and fascia, requiring repairs costing 25 percent of the appraised value of the building," The amendment also deletes in the municipality approval section of the act the sentence that states that the determination of the authority to under- take the project with TIF and the resolution of the governing body shall be conclusive. The Senate Tax Committee has released an initial draft of the TIF article. The articie includes the follow- ing sections: · Technical bill. · An amendment transferring the reporting requirements to the Department of revenue and the enforcement provisions to the county attorneys. · A provision making the housing replacement district a general law that does not require a city to request special legislation, · Modifications to the abatement statute; and · Special Jaws for eight cities including five metro cities. The metro cities are Brooklyn Park, North St, Paul, St, Louis Park, St. Paul and Wayzata. It is probable that the Senate article will be revised to include additional sections. If you have any comments or concerns please contact Gene at 651- 215.4001. AMM Annual Meeting WHEN: Thursday, May 31, 2.001 TIME: SocialHour ......... 5:30 - 6:30 p,m, Il WHERE: Four Points Sheraton Buffet Dinner ...... 6:30 - 7:30 p,m. Il 2'..'~259 _'is Metrodorne Business Meeting ........... 7:30 p.m. t ~ ~u moustrial Boulevard AMM FAX April 23-27, 2001 (2 pages) A odation of Hctropolitan unicipalities Budget bills move toward conference committee Omnibus Bills of Note: The ma]or budget bills have been or will be on the floor of both the House and Senate by Tuesday. The Housing and Economic Development bill has passed the House and will be on the Senate floor on Mon- /, The Transportation bill is being debated on the Senate floor today. The tax bills have not been introduced but the House Tax Committee has scheduled a Monday meeting to begin discus- sion on the proposal. The Senate Tax Committee will also begin marking-up its bill next week. House Omnibus Transporta- tion Bill HF2189 (Rep. Molnau) pro- vides very little new transporta- AMM News Fax Is foxed to all AMM city managers and administrators, legislative contacts and Board member.*. Please share this fi~x wlth your mayors, councilmembers and staff to keep them abreast of impor- tant metro city issues. ~ I 45 University Avenue West St. Paul, MN 55103-2044 Phone: (651) 215.4000 Fax: (652} 281-1299 E.mail: amt~amrn14 5. org tion money, It does contain two constitutional amendments, one to transfer 60% of MVST (auto sales tax) to HUTDF (Highway distribution fund) and one to allow state general fund bond proceeds to be used for trunk highways. The bill provides a very modest Metro transit operat- ing increase but eliminates $19 million from last years $44 million exclusive bus transitway appro- priation. It requires Metro Council to create LRT special service districts to include C/I property within one-half mile of an LRT line except Mall of America to pay for LRT opera- , tional cost not recovered by fares. Any rail funding by MNDOT or metro council is further restricted unless specifically legislatively autho- rized. Also MNDOT, Metro Coun- cil nor TAB can fail to approve a project or withhold funds based on failure of local unit to zone or impose housing densities re- quested by them. Finally the bill contains ability for cities to create 'quiet zones' around railroad tracks, auto registration fee increase from $3.50 to $4.50, 'choose life' license plates, a sane lane study, and TH62 crosstown delay for one year. Tax bills to be marked up next week Senate Omnibus Transporta- tion Bill SF2340 (Sen. Dean Johnson) provides about $300 million more in general fund appropria- tion for Transportation than the governor or house, most of it for highways. Metro transit is increased $60 million over the governors recommendation for a total of $196.2 million. A local road improvement account is created and funded $18 million for high- way corridor, $18 million for local road development $8 million for small cities, $2 million for towns and $4 million for noise wall. continued next page... Egg JO Z08 a~ uosuuH s!pu.X -7260- <_ x~ u!fi IZ:gI:5I IBOZ ZZ adU ...continued from previous page A Metropolitan Improvement Board is created if the metro area voters pass a half-cent sa[es tax increase to be used for metro transit capital and metro major highway projects. The bill also provides local bridge fund- ing, a sane lane study, and auto license registration fee increase from $3.50 to $4.50. A constitu- tional amendment to transfer 32% of MVET to HUTDF and 18% MVST to transit operating is provided. Finally, a provision is included to allow cities to use cameras for red light enforce- men1: commonly referred to as 'photo cop'. Proceeds greater than actual cost must be applied to a crosswalk safety program. Originally included was a three cent gas tax increase and gas tax indexing. However, these werE: removed in Tax Committee for possible inclusion in the Senate Tax Bill. Economic Development Omnibus Bills The House and Senate Eco- nomic Development bills differ in funding levels and housing policy. Local Government Bills: Update Pensions SF451 includes the Public Employee Retirement Asso- ciation (PERA) shortfall provi- sions, cap bill has passed the Senate and is on the House floor. The House bill should be heard on the floor next week. Streamlining Development The bill provides for a simple majority for a rezoning of property to residential property and changes to the zoning statutes regarding affordable housing. The House compan- ion is in the Local and Metro- politan Government Commit- tee. It is probable that the language of SF1619 will be included in another bill, Metropolitan Council Legis- lative Commission The House bill will be in the House tax bill. The Senate corr~panion, which has been amended to be an elected Metropolitan Council, has been referred to the Tax Con~mittee. The House bill generally adopts the Governor's recommenda- tions for the Minnesota Housing Finance Agency (MHFA). There fore, the MHFA program consoli- dation is included in the House bill and the total funding approxi- mates $100.0 miition, The Sen- ate bill also includes the program consolidation but appropriates $75.0 million in one time funding. The bulk of the funds will be used for rental housing and the hous- ing trust fund. Approximately $6.7 million of the one time funding has been appropriated for the inclusionary housing program. The inclusionary housing pro- gram requirements, however, have changed from preference for lower income units to a re- quirement for lower income units. The Senate bill also provides for a developer initiated affordable housing program. If a develope proposes to have twenty percent of the development's housing units affordable to households whose incomes are at or below eighty percent of the area me- dian income, the city must offer a density bonus of at least thirty- percent and one other regulatory relief measure. The policy changes are not in the House bill. Neither bill includes mandatory inclusionary housing. £88 JO £1ala ~6~d uosu~H s!pu~}t -7261- <- x~z ~!d Lla:t..'l::5'l; '1:88Z I..Z .,aU ~au 01 Z001 14:ZO:IG Vi~ ?ax -> ~andis ~anson Page 08Z 0£ 88Z AMM FAX April 30 - May 4, 2001 (no. 2) Ai$ociatJorl Vietropolit n Hunidpalitiel House Omnibus Tax Bill Update u AMM News Fax is J'axed to all AMM city mat"-~agers and adminlz'trarors, legislative aOntacts and Board member.*. Please share his fax with you r mayors, councilrnembers nd staff to keep them abreast of impor- tant metro city issues. 145 UniversiO' Avenue We~t St. Paul, MN 55105-2044 Phone: (651) 2]5-4000 Fax: (651) 281-1299 ~_mnil' tst, n.n~tl)llXtnJ~] 45.01'E HF2498, (Rep. Ron Abrams) can be found on the Internet in its 554-page entirety, as well as a House Research Summary. To view the bill or the summary go to the AMM's website (www.amm145.org) and selec~ "Minnesota Legislature" from the options in the left-hand column. From there, select "Minnesota Legislature's Bill Tracking Sys- tem'' and then "House Bills." Enter"HF2498" into the space given for bill number and hit "search." You may select to view the full text of the bill or the House Research Bill Summary. If you do not wish to print the entire docu- ment, you may highlight a par- ticular section and select "print selection" from your print menu. Apparently there was some confusion after yesterday's AMM News Fax concerning levy limits. -7262- The wording in the bill (Article 4, Section 8, pages 100-103)is somewhat confusing. However, cities do not lose a year of popu- lation or inflation. The base is increased for two years for inflation plus current population. Also, as indicated yesterday, if a city's actual levy in 2000 (pay- able 2001 ) exceeds the levy limit calculated for 2001 (payable 2002) the city may levy the greater amount for 2002. Al- though the city will not see an increase under this scenario at least the city will not have to reduce its levy. Testimony is being taken today and tonight. The committee will mark up the bill tonight. It will go to Rules and then the floor by Friday, The Senate Tax bill may be available Wednesday. Apr 30 2801 15:51:82 Via Fax AMM FAX April 30 - May 4, 2007 (2 pages) -> Kan&is Hanson Page 00Z Of 803 Association FletropolJtan Hunlclpalities House Tax Bill Impacts Cities Class Rate Reduction The property tax section of the House tax bill would significantly reduce and compress the class rates applied to all types of properties. For residential homesteads, the bill eliminates the second tier and applies the current first tier rate of 1.0% to the entire value of the property. For residential non-homestead, there would continue to be a tier break at $76,000, but the first tier rate would fall from 1 2% to 1.0% and the second tier rate would fall from 1.65% to 1.5%. Under the proposal, the class rate for all apartments would change gradually to arrive at 1.0% (the same as residential homesteads) by payable 2004. The class rate for regular apart- ments would decline from 2.4% to 1.5% for payable 2002, then to 1.25% for 2003 and 1.0% for AMM New~' Fax is'f axed to all,IMM city managers and administrators, legislative con tact~ and Board rnernber~. Please shore this fax with your mayors, councilrnember~ and staff lo I~eep them abreast of impor- tant metro ciO~ issues. 145 Univers#y Avenue West St. Paul, MN 55105-2044 Phone: (651) 215-4000 Fax: (651) 281-1299 E-malt: arnm~ 4 5. org 2004. Low-income apartments would decline from 1.0% to 0.9% for payable 2002, but then creep back up to 0.95% in 2003 and return to 1.0% in 2004. The rate for small city apartments would decline from 2.15% to 1.5% for payable 2002, and then fall to 1.25% for 2003 and 1.0% fc, r 2004. A 1,0% rate would also be applied to all seasonal recre- ational property-- both commer- cial and residential, starting with payable 2002. The class rate difference between homestead and seasonal resorts would be eliminated. Seasonal resod:s would be exempt from referen- dum market value taxes, but would pay a state property tax. As with residential homesteads, the second tier of seasonal recreational residential would be eliminated, with a 1.0% class rate applied to the entire value of the property. The rates for C/I property would also fall, and the tier break would increase from $150,000 to $200,000. The class rate forthe first tier (up to $200,000) wa uld be 1.5%, down from 2.4%, while the rate for the second tier (over $200,000) would fall from 3.4% -7263- to 2.0%. The rate on electric generation machinery would fall from 3.4% to 1.5%. The bill includes a state prop- erty tax on commercial-industrial and seasonal recreational prop- erty, with the same class rates for the state tax as for local taxes. Finally, the bill would reduce the number of tiers for agricultural homesteads from three to two. Currently, the first tier (up to $115,000) is at 0.35% and second tier ($115,000 - $600,000) is at 0.8%. These tiers would be combined under a 0.55% rate. The rate forthe upper tier (over $600,000) would decline from 1.2% to 1.0%. Non- homestead agricultural land and buildings would aqso decline from 1.2% to 1.0%. Homestead Credit Provided new homestead credit equal to 37 percent of net tax capacity of each homestead to a maximum of $256. Levy Limits Levy Limits are imposed for cities over 2,500 for taxes leviea 2001 payable 2002 and 2002 payable 2003. The levy base for continued ~ext page... ...continued from previous page 200'1 is the adjusted levy limit for levy year 1999 plus specials plus one year household and inflation growth. Levy base is adjusted each year for hou~¢holcl and inflation (Implicit Price Defla- tor). The property tax levy limit is the adjusted base minus general purpose aids. The allowable levy is the greater of (1) the calcu- lated amount, or (2) the amount actually levied in 2000 less any amount for specials. Thus, a city whose levy increased over what the limit for 2000 would have been will not have to reduce their levy but will not be able to in- crease above the limit calcula- tion. Maintains special levies other than 1997/98 flood and tornado related specials. LGAIHACA HACA is eliminated, LGA is increased by $81 million to $505 million in 2002. Limits Metro first class city increase to 55% of HACA loss. Limits other cities increase to 50% of net levy for taxes payable 2001. Also in- creases aid base for cities losing electric generation property tax through compression, In 2003 and beyond a Rental Housing Tax Base replacement aid is provided for net tax capacity reduction in excess of ,4 percent due to rental housing class rate compression. similar to those contained in HF1505. Among the major provisions of the article are the following: Metropolitan Council Leg isla- rive Commission The contents of HF 981 h~lve been included in the omnibus bill. Sales TaxJEdu cationlGen,~ral .Although there were about 40 requests for sales exemption for city buildings, NONE were granted. The general sales tax on city purchases was not elimii- nated. State determined education levy is eliminated. A statewi:le property tax on C/1 and seasonal recreational is provided to r;aise $429.4 million in 2002, Tax Increment Financing (TIF) Article Xll of the omnibus l')ill addresses TIF. Many of the general law provisions inclu,ded in the technical bill or separate bills have been placed into the bill. In some instances the lan- gUage has been modified. For example, the pre- 1990 provi- sions retain the dates - plar~ modification by April 30, 20.91 and activities completed or commenced by April 30, 2002 but also permits exemptions · Registration of TIF consultants · Definition of substandard building to b~ ~ith~r dilapi- dated or deteriorating. The effective date for this provision is prospective for new districts (Sept. 1,2002) · Redefines use of increments from pooled districts and expands the use of special taxing authorfty for deficits. Another article of the bill (Ar- ticle Section 36) establishes a TIF grant program to assist districts to cover deficits caused by the tax class changes and the elimination of the general educa- tion levy. The appropriation for the grants is $184.0 million in fiscal year 2002 and $22.0 million in 2003. Transit Property Tax The bill transfers 19.5 percent of motor vehicle sales tax (MVST) to replace metro council transit property tax for opera- tions. Does not affect capital levy. Protects optouts by requiring a proportional amount be allo- cated. -7264- CITY OF MOUND 5341 MAYWOOD ROAD MOLJN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 2, 2001 V.F.W. Post No. 5113 2544 Commerce Blvd. Mound, MN 55364 Dear V.F.W. Members, I would like to thank you for your donation of $900.00 to the City of Mound for park equipment at Swenson Park. The neighborhood is looking forward to seeing the playground improvements which should be completed by early summer. I will present this gift to the Park and Open Space Advisory Committee at their next meeting on May 10, 2001 and notify the Mayor/City Council of your organizations generosity. When the Play equipment installation is complete I will update you with that information. cc: Mayor/City Council Kandis Hanson, City Manager Kristin Perry Park and Open Space Advisory Committee Association Netropolitan unicipalitics for the AMM'S May 31, 2001. This is the first of two major membership meetings held each year for YOU -- the AMM membership. minlstrators & managers and city staff are encouraged to attend. This · is a great opportunity to dialogue with our metro~area peers and cast YourVOte in the eleCtion of Board ectors. Four Points-Sheraton Minneapolis Metrodome 1330 Industrial Blvd. Minneapolis, MN 55413 wrap-up to person (Guests are welcome!) Social hour ........ 5:30 - 6:30 p.m. (cash bar) . ......... ~6:30 - 7:30 p.m. !ness Meeting ........................ 7:30 p.m. reserxJation.-There is no fee if you Le bUsineSs meeting, V:P. sO a chair can be reserved for you. -7266-' W -7267- Hennepin County Memo DATE: TO: FROM: SUBJECT: April 19, 2001 Hennepin County Housing Consortium 2001 Applicants !'~, ~ i~ .,/~{~' Rod Waara, Administrative Manager, Office of Planning and Development~ ~ xkj~' HOME Selection Committee 2001 HOME Funding Recommendations The Hennepin Housing Consortium Selection Committee has recommended the following proposals for HOME funding: Community Action for Suburban Hennepin (CASH) (CItDO) - $32,000 Provide deferred mortgages for first-time homebuyers with incomes up to 60 percent of the area median. · Community Involvement Programs (CIP)- $83,300 Acquisition and rehabilitation of a small apartment building (2 -1BR & 2 -2BR) and a single- family house (3 SRO), to be used as supportive rental housing for adults with serious and persistent mental illness that have incomes at or below 50 percent of the area median. · Northwest Community Revitalization Corporation (CltDO) -- $128,600 This project will create affordable homeownersh/p oppormmties for households with incomes at or below 80 percent of the area median, through the purchase, rehabilitation and resale of two ex/sting duplexes in Brooklyn Park and one single-family home in Crystal. · Dominium (Stone Creek) - $400,000 New construction of 140 rental units in Plymouth. Of the 140 units, 32 units will be available to households with incomes at or below 50 percent of the area median. · Fraser Group Homes- $130,000 Acquisition and minor rehabilitation of three homes, in the R/ch_field/Bloomington area, that will provide Supportive Living Services (SLS) group homes for the developmentally disabled adults with incomes at or below 50 percent of the area median. HENNEPIN COUNTY OFFICE OF PLANNING 8: DEVELOPMENT, DEVELOPMENT PLANNING UNIT 10709 WA'Y'7_ATA BOULEVARD, SUITE 260, MINNETONKA, MN 55305 MAIL CODE: 604. PHONE: (952) 541-7080- FAX: (952) 541-7090- TDD/T-FY: (952) 541-7981 -7268- April 19, 2001 Office of Planning & Development Page 2 · Hammer Residences - $130,000 Rehabilitation of four existing SRO units in Plymouth. Construction of four new SRO units, in Golden Valley, that are handicap accessible for persons with developmental disabilities with incomes at or below 50 percent of the area median. · Hennepin County Accessibility Program-- $200,000 Accessibility improvements and moderate rehabilitation of single-family homes for persons with physical disabilities with incomes less than 80 percent of the area median. · Living Works Ventures- $170,000 Acquisition and construction of 12 SRO units in Crystal to serve cognitive disabled and chemical dependant persons with incomes at or below 50 percent of the area median. · Perspectives (Louisiana Court) - $335,000 Acquisition and rehabilitation of two 12-unit buildings, reconfigured into 20 units to create some larger units. This permanent supportive housing will be for households with incomes at or below 50 percent of the area median, completing Perspectives transitional housing program. · Tasks Unlimited (CHI)O) - $160,000 Purchase duplex to create six SRO units of permanent housing with supports for persons with serious and persistent mental illness with incomes at or below 60 percent of the area median. · Twin Cities Habitat for Humanity- $100,000 Acquisition of vacant land or existing homes needing substantial rehabilitation to create ten homeownership opportunities for households with incomes at or below 50 percent of the area median. Eligible applicants for the 2001 HOME Program submitted approximately $4.5 m/lhon in requests. Committee members completed a diligent review to arrive at their recommendations. Funding recommendations are included in the 2001 Action Plan. The pubhc hearing on the Plan will be held on April 24 at 1:30 p.m. before the Hennepin County General Government Committee, in the County Board Room. Final Action by the County Board will occur on May 15, 2001. Please contact Tonj a West-Hafner at (952) 541-7089 if you have any questions. CC: Hennepin County Commissioners County Administrator Deputy County Administrator HOME Selection Committee Members Urban Hennepin County Communities -7269- ©m~. ,< -7270- Page 1 of 2 KandisHanson From: "Leah Weycker" <weyckerl@westonka.k12.mn.us> To: <KandisHanson@msn.com>; Cc: <awilbur@mnsunpub.com> Sent: Tuesday, April 24, 2001 4:48 PM Subject: Skate park task force update Zero Gravity Skate Park - task force meeting minutes March 24, 2001 meeting minutes Note: The next meeting will be at 5:30 p.m. Wednesday, April 11 at the library. No meeting on April 4. People reported on their assignments from the last meeting. Leah said donations for the park can be given to the city and they are tax deductible. The city will write a thank you note. Sandy and Andy checked out the name and it was O.K. to use. We agreed the name Zero Gravity Skate Park will be the name. Sandy will check if we have to register with the state. Leah said the insurance guy for the city wants to be in on the skate park discussions. Signs for the rules must be posted. The location is in the hands of the City Engineer who will do studies to determine wetland status and soil corrections if necessary. Next meeting Anne will present a press release and we discussed where the press releases for the skate park contest will be distributed. April 11, 2001 meeting minutes Gene and Derek talked about their trip to Colorado. They saw a number of concrete skate parks. Derek said the best skate park was in Santa Fe and "cements the best." Other things they learned were the following: Boulder owns the skate park there. The benches were made from old snowboards. One skate park had a graffiti wall. A skate park closed down after graffiti was painted on the park and kids were so unhappy with that result that there was no more graffiti after it reopened. The group discussed the city memo about the proposed site. Gene pointed out that all the ramps they saw had expansion joints so that should not be a problem for the city. The joints were at 10 foot intervals, Gene said. Gene said he would call Jim Fackler to discuss issues and urge him to go forward with the study. Jason asked about the use of Mound park dedication funds to help fund the park. Leah said she would check. Anne presented the proposed press release and flyer for the skate park logo drawing contest. We decided to ask Westonka Sports for gift certificates, determined what the prizes would be and worked on the wording. Anne is supposed to prepare donor literature for the next time. Everyone is to think of potential donors of in-kind materials and welll make a list. We agreed fundraising should begin with in-kind donors, because that will give us an idea how much money will be needed. Several names were mentioned for in-kind donors. Marilyn offered other fundraising ideas such as a car wash, food sale, or battle of the bands. Leah? Would check with Melody Rysaker about the Chaska Skate-a-thon. Marilyn volunteered to work on a skate park video that could be aired on cable. The next meeting will be at the site and the Hostetlers will bring pictures. In attendance were Derek, Gene and Marilyn Hostetler, Leah Weycker, Anne and Tom Wilbur, Jason Swenson, Sandy Rauschendoffer April 18, 2001 We met at the site. The lay-out of the skate park that the city is considering would run the longest part out from the end of the road. Gene said he thought the dirt materials looked good. - 7271 - 04/24/2001 Page 2 of 2 Leah sent out the press releases for the logo contest. The art teacher at the middle school witl help distribute flyers for the contest and Leah is still trying to get in touch with the High School. Leah is also making posters. Sandy reported on the name registration. Anne gave out an list of items that would be included in the donor literature. Next meeting will be at 5:30 p.m. Wednesday, May 9. We are skipping the first week in May. -7272- 04/24/2001 VOL NO 5 H I- NOTES April 18, 2001 PRESIDENT'S MESSAGE Dear Members and Friends, I would like to update you on our new Center. People have been so interested in the community. Everywhere we go, we are asked "when will it be open". Lowell Olson from Yanik and Associates has informed us that they are still looking at a June 1st takeover. This means that we will be given the keys to the building. However, there still will be work we must complete before we can move in ..... installation of kitchen and phones equipment, etc. We know that it is hard to wait, but be patient! So far the interior finishing of painting and wallpaper is underway, the cabinetry should be installed shortly, the exterior is almost complete except for staining and sealing the wood, the deck is complete, and the landscaping will depend on the completion of the parking lot and curbs ..... and of course, God and his weather. We are in the process of doing a huge fundraising effort for the last $150,000 that will pay for the kitchen equipment, furniture, tables, chairs, etc. We are very aware that last money is always the hardest to get. Please do what you can, either with donations or asking people you know to help. This is a once in a lifetime Commitment to build a Center as beautiful as this will be in our community. See you at the next Business Meeting on Tuesday, May 1st. We will be honoring all of our incredible volunteers on that day. Many thanks to all of you!! Madlyn Byrnes President -7273- Hennepin County An Equal Opportunity Employer April 30, 2001 Ms. Candace Hanson, Administrator City of Mound 5341 Maywood Road Mound, MN 55364 Dear Candace, Re: 2001 Open Book Meeting We have completed the 2001 Mound Open Book Meeting and subsequent review of properties for those in attendance. The results of our findings are as noted. I have also included a listing of the 2001 listing of review contacts. If you have any questions or concerns please contact our offices. Very truly yours, Apprm'm'" "--" Hennepin County Assessors Office County Assessor Department A-2103 Hennepin County Government Center Minneapolis, Minnesota 55487-0213 Recycled Paper -7274- April 26, 2001 Mound Mayor and Council City of Mound Dear Board Members: The following people attended the 2001 Mound Open Book meeting. We have reviewed the 2001 Estimated Market Value for those properties. Listed below with their original 2001 EMV and a recommendation based on the review appraisal. Original 2001 EMV Recommendation Action 1 Jim Dustrude 351,000 2001 Arbor Lane 13-117-24-41-0030 304,600 Per Review 2 Valerie Langley 120,000 2643 Hampton 19-117-23-33-0235 No Change No Change 3 Susan Chambers 115,000 4840 Bedford Rd. 24-117-24-41-0063 No Change No Change 4 Lee Greenslit 70,000 2567 Commerce Blvd. 23-117-24-11-0019 No Change No Change Hennepin County Appraiser Assessors Office -7275- -7276- -7277-