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2001-09-11PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA MOUND CITY COUNCIL TUESDAY, SEPTEMBER 11, 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. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE PAGE 2. APPROVE AGENDA, WITH ANY AMENDMENTS o *CONSENT AGENDA *A. APPROVE MINUTES: AUG 28, 2001 REGULAR MEETING SEPT 4, 2001 SPECIAL MEETING *B. APPROVE PAYMENT OF CLAIMS *C. SET PUBLIC HEARING FOR CBD AND OTHER YEAR-END ASSESSMENTS AGAINST PROPERTIES *D. APPROVE APPLICATION FOR PERMIT, AS DESCRIBED *E. APPROVE RESOLUTION APPROVING 2002 PRELIMINARY GENERAL FUND BUDGET, SETTING THE PRELIMINARY LEVY, AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2002 *F. APPROVE CODE AMENDMENTS 1. SECTION 350.310, SUBD 78 - MINIUMUM LOT AREA MEASUREMENT 2. SECTION 205 - DEPARTMENTS, OFFICERS, EMPLOYEES 3. SECTION 350.505 - ADMINISTRATION OF ZONING CODE *G. APPROVE AMENDED ORGANIZATIONAL CHART COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. (LIMIT TO 3 MINUTES PER SPEAKER.) PUBLIC HEARINGS A. CASE #01-21: JONATHAN PAUL (CONTINUATION) KELLS LANE VACATION 4679 WILSHIRE BOULEVARD 8796-8799 8800 8801-8820 8821 8822-8828 8829-8834 8835-8837 8838-8843 8844-8845 8846-8864 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. ACTION APPROVING AGREEMENT WITH SHORT ELLIOTT HENDRICKSON (SEH) FOR SPACE NEEDS ASSESSMENT FOR THE FIRE STATION AND OTHER PUBLIC FACILITIES 7. CONSIDERATION OF LMCD LETTER ON CHARGES TO THE CITY 8. ACTION SETTING BUDGET WORKSHOP(S) INFORMATION/MISCELLANEOUS A. MCWD newsletter 8894-8899 B. Invitation to Tonka Bay Centennial 8900-8901 C. Westonka Senior Center newsletter 8902 D. Lake Minnetonka Association newsletter 8903-8907 E. Hennepin County memo 8908-8917 F. Police Department report: August 2001 8918-8923 G. PD interoffice memo 8924-8925 10. 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. citFofmound com. 8865-8888 8889-8893 More current meeting COUNCIL BRIEFING September 11, 2001 HRA MEETING DUE TO LACK OF AN AGENDA. #3.C. Charges Assessed to Properties ~Ually, there is a P~bli~ fieari~g-~ri0~0 ~e CoUncil aCtion to ~-~ss'~ businesses ~de~ ~e '~BD p~0gr~ and those in some way delinquent with the City. Notices are sent to those affected in advance of the hearing. #3.F.2. Departments, Officers, Employees & Administration of the Zoning Code With the addition of the Community Development Director, it was suggested by John Dean that we have an ordinance that defines and supports our organizational chart. That brought about the Zoning Code amendment that defines who has the authority of zoning code enforcement. Finally, the whole process required amending the organizational chart, itself. #6. Space Needs Assessment Agreement At a meeting this week, persons in attendance unanimously supported hiring Short Elliott Hendrickson as the firm to perform the space needs assessment for the Fire Department and other city facilities. The approval of the agreement will enable participants to embark on a very aggressive schedule, that could include a referendum for public bonding after the first of the year. Other News indefinite length of stay at our current Liquor Store location is almost a certainty at this time! It is that the School District will commit to a long-term lease, which will enable Mr Saliterman to acquire the refinancing he desires, with the School District giving the City a sub-lease, probably through next year, allowing the City to make a Nov 1 move-in goal at the new store. In a meeting held recently with City and County staff, it became clear that the County 15 realignment cannot feasibly take place in the coming year. Staff is continuing to work on the costing of all the projects connected to the redevelopment and applying the relative revenues, however, there is a significant gap thus far. It is appearing that costs are exceeding earlier estimates for the various projects. It is this gap that is one of the causes for the City's inability to come to agreement with the County. Understandably, the County cannot commit to a project without funding guarantees. Other contract provisions are also sticking points, including our request for them to act as fiscal agent and to finance the project. As soon as all the data is assembled, Staff will request an Oct special meeting workshop on the subject. At that workshop the options as to how to proceed will be laid out. Council Members are reminded of the EDC Sunset Event at the Gillespie Center, Monday, Sept 10, 6:30 p.m. MOUND CITY COUNCIL MINUTES AUGUST 28, 200'1 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 28, 2001, at 7:30 p.m. in the council chambers at 5341 Maywood Road in said City. Counci,lmembers Present: Mayor Meisel, Council,members Bob Brown, Mark Hanus, Kim Anderson and Peter Meyer. Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; City Planners Bruce Chamberlain and Loren Gordon; Community Development Di~rector, Sarah Smith; Rick and Susan BloomqBi~t, Frank Weiland, Jim Taylor, Greg Goodfellow, Lorrie Ham, Jeffrey Anderson, Gr~!~ederson, Greg Pal~m, Tom Stokes, Deb Grand ..... Consent Agenda: Ali items listed under the Consen~!~nda ~iii~nsidered to be routine in nature by the Council and will be enact~ii~ a roll ca//~te,. There wi//be no separate discussion on these items unless a C~bi/~n~ber or ~n so requests, in which event the item will be removed from the ~A~iii~genda and considered in normal sequence. 1. OPEN MEETING AND PLEDGE Mayor Meisel called the meeting order at City Manager Hanson the Pledge of Allegiance was Case 01-30, from the con:sent MOTION. by Ha,~i~::second;~ by B:~n to approve the agenda as amended. All voted in favor. Motion ~ied. iii?~iiiiii~ 3, CONSENT AGEND~!iii~:!~::~::~ii!ii? .... MOTION by Hanus, se~ed by Brown to approve the Consent Agenda, minus item 3C(4). Ali voted in favor. Motion carried. A. Approval of Minutes: August 14, 2001 regular meeting and August 22, 2001 special meeting. B, Approval payment of clai,ms in the amount of $222,879.20. C. Approval of Planning Commission Recommendations 1. Case 01-25: Greg Goodfellow, 1705 Baywood Shores Drive, Variance: Setback reduction for deck 1 -8796- Mound City Council Minutes - August 28, 2001 RESOLUTION NO. 01-70: RESOLUTION TO APPROVE FRONT YARD SETBACK VARIANCE TO CONSTRUCT A DECK FOR THE RESIDENCE LOCATED AT 1705 BAYWOOD SHORE DRIVE, LOT 1, GLOCK 7, HARRISON SHORES, P & Z CASE #~1-25: PID #13-117-24-21-0066. 2. Case 01-28: James Merchant, 5116 Tuxedo Blvd., Variance: Deck conversion RESOLU.TION NO. 01-71: RESOLUTION SETBACK SCREEN P( LOCATE WHI P A LAKESIDE TO CONSTRUCT A 'HE PROPERTY BLVD., LOT 13, #01-28: PID 3. Case01-29: Jim Variance: Hardcover RESOLUTION N~ TO APPROVE A tCOVER VARIANCE TO CONSTRUCT PORCH FOR THE PROPERTY AT 4345 WILSHIRE BLVD,, P & Z #01.-29: PID #19-117-23-13-0007. Appro~ii~al pay Proje~ili~,::the Brothers of Lomtto for 2001 Seal Coat of $56,.790.43. Approve 'for permits: Incredible ~ke Church) 1. Public Dance Permit for September 15, 2001, from 7:30 p.m. to 10:00 p.m. (fee waived). 2. Temporary on-sale 3.2 Mai:{ Liquor License - September 15 & 1.6, 2001. Northwest Tonka: Lions Temporary On-sale 3.2 Malt Liquor License for September 6, 2001, for Historical Society event at the GHlespie Center. 4. COMMENTS AND SUGGESTIONS FROM CITIZENS None were offered. 2 -8797- Mound City Council Minutes -- August 28, 2001 5. ACTION ON METROPLAINS DEVELOPMENT EAW FOR DISTRIBUTION City Planner, Bruce Chamberlain, explained that the Environmental Assessment Worksheet (EAVV) is intended as a brief document designed to provide the basic facts about a project that may indicate the potential for significant environmental effects. This EAW is prepared by the City. The project proposer has supplied data for, but has not completed, the final worksheet, The City has solicited its agents, including professional engineers, licensed landscape architects and certified land use planners to prepare this document. Reponses given in this EAW represent an expression of the facts of the project, not the will of the City or its agents. Chamberlain continued by explaining that this EAW was pr~i~d as part of a lawsuit settlement agreement. The project does not meet any m~tory EAW thresholds as identified by Minnesota Statute, but is a discretionary ~.::~'::~i!!!iiiii!~iiiiii?~i::::~,:.. Chamberlain has the understanding that some .... u il fe~::i~:~?~bat the preparation of this EAW was rushed. He stated that " it beca~::~ apparent that the EAW may be part of the lawsuit settlement, so some time. The action now requested is that the distribution to the public for the 30,day MOTION by Brown, seconded b notice in the EQB Monitor, he has been working on it for approve the EAW for EAW, with agreed changes, for period. Councilmember Meyer motion and stated his to vote in favor of the above The following the above motion: Brown, Hanus, Meisel and Anderson. The.~i!!Owing Meyer. Motion carried. Case No. 01-26 & 01-.~iiiii~B~:nshe[ Homes - Minor Subdivision & Variance for Lot Area Loren Gordon presented over.'heads showing the requested minor subdivision and 'lot area variance. Discussion followed regarding options that would eliminate the need for ce~ain var~.ances. MOTION by Brown, seconded by Hanus to have staff prepare a resoluti;on based on the disoussed and agreed to changes, for consideration at a future meeting, Ail: v~ed in favor. Motion carried. 7. MOUNDFIRE DEPARTMENT FACILITIES NEEDS Greg Pederson, Jeff Anderson and Grog Palm appeared before the Council and outlined the Fire Department Faciti,ties needs and options to be considered. Options include not .only the Fire Department, but also the Police Department and City ~ices. 3 -8798- Mound City Council Minutes - August 28, 2001 The Fire Facility Committee would like Bob Brown to represent the Council on the committee, and also have Sarah Smith join in future meetings. MOTION by Hanus, seconded by Meyer to move forward With the space needs assessment and name Bob Brown as the Council's representative on the Fire Facility Committee. All voted in favor. Motion carried. 8. INFORMATION/MISCELLANEOUS A. AMM Fax News B. LMCD correspondence: Mayor Meisel asked that the City Manager convey to the LMCD that they desire not to be ~i~d for the additional expenses incurred by the District for the Wo~d Point dock issue. These services should be covered with the~:,~already paid to the L M C D ...... C. Financial Reports: July, 2001 D. Westonka Healthy Community Co!!~ratiye!~,c, orresp~ence E. F'YI: Internal. memo on storm wat~n~ent plan report to Council MO~nderson, by Ha~i~j~m'::~i!9:l'::~:~::::~:~:~ ~ ~' 3 p.m. All voted in favor. seconded Attest: Bonnie Ri~i~?cting C ~ Clerk 4 -8799- MOUND CiTY COUNCIL MINUTES SEPTEMBER 4, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, September 4, 2001, at 7:00 p.m. in the council chambers at 5341 Maywood Road in said City. Councilmembers Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark Hanus, Klm Anderson and Peter Meyer. Others Present: City Manager, Kandis Hanson; Acting City Clerk, Bonnie Rifler; Police Chief, Len Harrell; Finance Director, Gino Businaro; Building Official, Jon Sutherland; Community Development Director, Sarah Smith; Parks Director, Jim Fackler; Fire Chief, Greg Pederson; and Public Works Superintendent, Greg Skinner. WORKSHOP ON 2002 BUDGET The Department Heads went through their proposed budgets, addressing any items of concern presented by the Council. ADJOURNMENT MOTION by Meyer, seconded by Brown to adjourn at 10:18 p.m. All voted in favor. Motion carried. Attest: Acting City Clerk Mayor Pat Meisel -8800- PA6E I P U R C H A S E ~ J O'"U R M A L AP-C02-O1 CITY OF MOUND A0338 ~0733 9/11/01 9/11/01 176.13 PAGER REPAIR 176.13 JRNL-CD 22-4170 0 ~01 9/11/01 9/11/01 148.92 JRNL-CD 101 9/11/01 9/11/01 67.20 JRNL-CD 101 9/11/01 9/11/01 132.00 JRNL-CD 101 'A0432 010826 38.49 08-01 952-250-0429 01-4040-3220 80545 010828 9/11/01 9/11/01 6.00 REIMBURSE MEAL EXPENSE 6.00 JRNL-CD 01-4140-4110 101 9/11Z01 9/11/01 2,568.90 JRNL-CD 101 BERGERSON - CASWELL, INC. VENDOR TOTAL 109.90 9/11/01 9/11/01 34.00 JRNL-CD 101 D107032 101.15 PLATE, REGULAR 01'4280-2310 -8801 - PAGE 2 P U R C H A S E J 0 U R N A L AP-C02-O1 CITY OF MOUND 101.15 JRNL-CD 101 CHAMPION AUTO VENDOR TOTAL 690.60 ...................... ~ ~ ..... --- ~0~ IE2 010830-B 340.35 08-01 952-472-1251 01-4280-3220 L~ ..... ~/~n '~ n~.n~ o~-~-1~_1. 7~.~~n  0~0830-C 8~8.07 0~-0~ 9~-~7~-~7~ 0~-6~90-~0 :'l~l 9/~/0~ 9/~/0~ 818.07 JRNL-~D ~0~ ) 9/11/01 9/1~/01 ~03.44 JRNL-CD 10~ j 0-0953 -" 9111101 9111101 394.50 JRNL-CD 103 ' ) 9/11/01 9/11/01 35.30 JRNL-¢D 101 '~ 9/11/01 9/11/01 1,624.80 JRNL-CD 10: · DAY DISTRIBUTING COMPANY VENDOR TOTAL 4276.40 -8802- PAGE 3 P U R C H A S E J O U R N A L AP-'C02-01 C!TY OF MOUND E'~420 131977 9/11/01 9/11/01 94.00 BEER 94.00 JRNL-CD 71-7100 0 .01 133614 9/11/01 9/11/01 19.00 MISCELLANEOUS 19.00 JRNL-CD 71-7100-9550 101 137767 9/11/01 9/11/01 2,854.00 BEER 2,854.00 JRNL-CD 71-7100-9530 101 9/11/01 9/11/01 603.20 JRNL-CD 101 E-Z RECYCLING !NC VENDOR TOTAL 7525.00 17.89 08-21-01 MATS 17.89 08-21-01 MATS 01-4280-2250 73-7300-2250 9/11/01 9/11/01 41.31 JRNL-CD 101 9/11/01 9/11/01 109.01 JRNL-CD 27.85 08'28-01 UNIFORMS 27.84 08-28~01 UNIFORMS 73-7300-2240 78-7800-2~40 ) G & K SERVICES VENDOR TOTAL 496.19 -8803- PAGE AP-C02-O1 PURCHASE JOURNAL CITY OF MOUND 2 42~687 490.32 WINE 71-7100-9520 425447 1,524.28 LIQUOR 71-7100-9510 409249 80.78 MIX 71-7100-9540 H2010 010911 200.00 ADVANCE ICMA SEPT 22-27, 2001 01-4040-4110 9/11/01 9/11/01 200.00 JRNL-CD 101 9/11/01 9/11/01 725.00 JRNL-CD 101 HENN CO TREASURER VENDOR TOTAL 1015.00 010808-B 9/11/01 9/11/01 4,113.50 07-01 LOST LAKE GREENWAY 4,113.50 JRNL-CD 30-5640-3100 101 010808-D 9/11/01 9/11/01 1,053.20 07-01 TIF RELATED MISCELLANEOU 1,053.20 JRNL'CD 55-5880-3100 101 HOISINGTON KOEGLER GROUP,O VENDOR TOTAL 13687.24 12309 23007184 111.76 08-24-01 THRU 09-24-01 MAINTEN 01-4140-2140 -8804- PAGE 5 P U R C H A S E J O U R N A L AP-C02-0/ CITY OF HOUND 9/11/01 9/11/01 111.76 JRNL-CD '01 8360 25.86 OIL CHANGE 01-4140-3810 8435 25.86 OIL CHANGE 01-4140-3810 J2579 1293970 435.77 LIQUOR 71-7100-9510 9/11/01 9/11/01 435.77 JRNL-CD 101 1296448 179.98 LIQUOR 71-7100-9510 9/11/01 9/11/01 179.98 JRNL-CD 101 1296693 1,922.10 WINE 71-7100-9520 9/11/01 9/11/01 1,922.10 JRNL-CD 101 9/11/01 9/11/01 574.50 JRNL-CD 101 KUSTOM SI6NALS, INC. VENDOR TOTAL 96.17 LAKE MINNETONKA COMMUNICAm VENDOR TOTAL 12076.98 ~) L2816 010827 680.49 2090/2001 CBD PARKING 01-4280-4200 -8805- PAGE 6 P U R C H A S E J 0 U R N A L AP-C02-O1 CITY OF MOUND 9/11/01 9/11/01 680.49 JRNL-CD 101 LEAGUE OF MN CITIES VENDOR TOTAL 6072.00 LONG LAKE POWER EQUIPMENT VENDOR TOTAL 64.37 9/11/01 9/11/01 41.07 JRNL-CD 101 L2940 010831 10,500.00 THRU 07-30-01 COUNTY ROAD 15 R 55-5877-3100 M3016 9726 · 9/11/01 9/11/01 105.60 08~16-01 DELIVERY CHARGE 105.60 JRNL-CD 71-7100-9600 101 9764 25.60 08-27-01 DELIVERY CHARGE 9/11/01 9/11/01 25.60 JRNL-CD 71-7100-9600 101 MARLIN':S TRUCKING VENDOR TOTAL 450.40 9/11/01 9/11/01 5,384.30 JRNL-CD ) 9/11/01 9/11/01 2,737.15 JRNL-CD -8806- PA6E 7 AP-C02-O1 PURCHASE CITY OF MOUND JOURNAL 321539 9/11/01 9/1.l/01 97.50 LIQUOR 97.50 JRNL-CD 71-7100 0 ~01~ 9/11/01 9/11/01 2,277.00 JRNL-CD 101, MEISEL, PAT VENDOR TOTAL 1271.67 MN PLAYGROUND INC VENDOR TOTAL 162.00 N3737 010911 35.90 07-01 #16 JOHNSON, TIM 01-4280-3220 35.90 07-01 #21 HEITZ, FRANK 35.90 07-01 #22 HEITZ, DON 01-4280-3220 01-4280-3220 85.79 612-221-6812 #15 FACKLER, JIM 80.26 612-221-6813 #16 HOFF, KATIE 01-4340-3220 81-4350-3220 50,90 612-22i~8S85 #13 JAYKo, BRAD - 76.07 612-282-1182 #14 NORLANDER, JI 01-4340-3220 01-4190-3220 N3740 TI-0073180 16.02 SIGNS 01-4340-2300 N3810 3079046 9/11/01 9/11/01 797.73 797.73 METERS, COUPLINGS JRNL-CD 73-7300-2300 101 -8807- PAGE 8 P U R C H A S E J O U R N A L AP-C02-01 CITY OF MOUND WATER WORKS SUPPL VENDOR TOTAL 797.73 22.78 MISCELLANEOUS OFFICE SUPPLIES 22.78 MISCELLANEOUS OFFICE SUPPLIES 01-4190-2100 01-4340-2100 9/11/01 9/11/01 151.89 JRNL~CD 101 PEARSON BROTHERS OF LORETT VENDOR TOTAL 56790.43 PEPSI-COLA COMPANY VENDOR TOTAL 116.23 9111/01 9111101 2,547.75 JRNL-CD 101 9/11/01 9/11/01 214.25 JRNL-CD 101 46629 55.00 CIGARS 71-7100-9550 PINNACLE DISTRIBUTING VENDOR TOTAL 1929.70 025449-00 9/11/01 9/11/01 76.58 MIX 76.58 JRNL-CD 71-7100-9540 10~ -8808- PAGE 9 P U R C H A S E J 0 U R N A L AP'C02-01 CITY OF MOUND 025468-00 4,129.06 LIQUOR 71-7100- 027924-00 161.58 WINE 71-7100-9520 027749-00 2,697.9? LIQUOR 71-7100-9510 R4199 010828 9/11/01 9/11/01 374.30 REPAIR FIXTURE 374.30 JRNL-CD 01-4320-3830 101 9/11/01 9/11/01 559.77 JRNL-CD 101 RANDY'S SANITATION VENDOR TOTAL 114.54 RIDGEVIEW MOUND CLINIC VENDOR TOTAL 478.00 S4353 H48085 17.44 STAMP 73-7300-2100 2,012.8.5 5139 WINDSOR REMOVE TREE 01-4340-5110 S4415 010911 9/11/01 9/11/01 281.50 2001 SUBSCRIPTION 281.50 JRNL-CD 22-4170-4130 10] -8809- PAGE 10 P U R 'C H A S E J 0 U R N A L AP-C02-O1 CITY OF MOUND >~TAL 2BI.50 tL~ 63108 18.46 BUSINESS CARDS SKINNER, GREG 01'42B0-2120 i~ ~.8_.46 BUSINESS CARDS SKINNER, GREG 73-7300-2~20 ~ /ll/O1 9/~/01 3~8.25 JRNL-CD ~ 9/11/01 9/11/01 77.45 JRNL-CD 101 >~ 544S4 0106~9 n, ............ ~'~ ~9:~1 BRUSH DISPOSAL 01-4280-4200 - ~ 9/1~/0~ 9/11/01 422.59 JRNL-CD ) SUPERIOR PLUMBING & HEATIN VENDOR TOTAL 327.73 -8810- PAGE 11 P U R C H A 5 E J 0 U R N A L AP'C02-O1 CITY OF MOUND 54630 010920 9/11/01 9/11/01 648.77 THRU 08-17-01 GASOLINE CHARGE 648.77 JRNL-CD 01-4340 9/11/01 9/11/01 1,057.78 JRNL-CD 101 SPEEDWAY SUPERAMERICA LLC VENDOR TOTAL 289.87 119.49 THRU 08-17-01 VEHICLE #09 122.33 THRU 08-17-01 VEHICLE #10 78-7800-2210 01-4280-2210 172.47 THRU 0B-17-01 VEHICLE #22 66.81 THRU 08-17-01 VEHICLE #23 01-4280-2210 01-4280-2210 9/11/01 9/11/01 1,373.62 JRNL-CD 101 T-CHEK SYSTEMS LLC VENDOR TOTAL 25.00 9/11/01 9/11/01 38.65 05-19'01 BUTTERNUT VACATION 38.65 JRNL-CD 01-4190-3510 101 500 9/11/01 9/11/01 36.71 05-19-01 LANGDON BAY 36.71 JRNL-CD 01'2300-1095 101 9/11/01 9/11/01 271.00 jRNL-CD 101 -8811 - PAGE 12 P U R C H A S E J 0 U R N A L AP-C02-O1 CITY OF MOUND ..~ 2369~.5 6,659.90 BEER ?1'7100-9530 I~8 9/11/01 9/11/01 5,084.70 JRNL-CD 101 THORPE DISTRIBUTING COMPAN VENDOR TOTAL 16623.80 T4831 125698 5.42 SIPHON, ETC. 01-4280-2250 T4985 312719-0 8.37 MISCELLANEOUS OFFICE SUPPLIES ~1-4040-2100 2.79 MISCELLANEOUS OFFICE SUPPLIES 2,79 MISCELLANEOUS OFFICE sUPPLIES 01-4280-2100 71-?10D'2100 9/11/01 9/11/01 255.16 JRNL-CD . I o ,R~ rPRT T.P.Z CAT T nN__P_A~ ER 9/11/01 9/11/01 34.68 JRNL-CD 10: -8812- PAGE 13 P U R C H A S E J 0 U R N A L AP-C02-01 CITY OF MOUND 93.66 INKJET 22-4170. 0 .01 TWIN CITY OFFICE SUPPLY CO VENDOR TOTAL 415.09 W5443 297581 26.61 FAN 01-4280-2310 9/11/01 9/11/01 1,650.75 JRNL-CD 10i 9/11/01 9/11/01 294.00 JRNL-¢D 10'.' 9/11/01 9/11/01 434.00 JRNL-CD 101 SUPER VACUUM MANUFACTURING VENDOR TOTAL 40~56 ) Z6989 5078 ~0.00 REFUND NOT MOUND PROPERTY 01-3257-0000 -8813- PAGE 14 P U R C H A $ E J 0 U R N A L AP-C02-O1 CITY OF MOUND [.00 REFUND NOT MOUND PROPERTY 9/11/01 9/11/01 21.00 JRNL-CD 101 -8814- PAGE 1 P U R C H A S E J 0 U R N A L AP-C02-01 CITY OF HOUND '~END.OR INVOICE DUE HOLD NO.. INVOICE NMBR DATE DATE STATUS AMOUNT DESCRIPTION ACCOUNT NUMBER A0071 010823 PRE-PAID 900.00 PR2 CREDIT UNION EE DEDUCTION 01-2040-00L 8/31/01 8/31/01 900.00 JRNL-CD 10£0 010509 PRE~PA!D 900..00 PR~i CREDIT UNION EE DEDUCTION 8/31~01 8/~I/01 900.00 JRNL-CD 1010 AFFINITY PLUS FEDERAL CRED VENDOR TOTAL 1800.00 [ '?'~I~'39~'0'B~1~ ............... P R~~P~rI-D I"0'0 ~0~ ..... BA3ETA-N~E''''DUE' E E '0 U TI NG O' I~ 2300 ~ 0 O'O 0 8/3~/01 8/31/0'1 i00,00 JRNL-C:D 101.0 ............ V,E N D.O~..~T OT,A-~ I~0-0.--; O- 0 A0333 0~0724 PRE-PAID 158.82 THRU 07-~0-0~ GASOLINE CHARGES 73-7300-22~0 AMOCO OIL COMPANY VENDOR TOTAL 158.82 C0815 080808 PRE-PAID 610.00 07-15-01 ICMA CONFERENCE 01-4040-4110 352.50 07-16-01 AIR 01-4040-4110 : 372-4-50 O'T ~'~7~'01=-A 'X'R 0'~ 4Q ~0 2!.95 INTERNET SE.RVI~E RITTER, BDNNI 01'4~.40-4i30 2~.95 INTER,NET SERVI~E RAHT, JoD. i 01-40'40-4130 2 5 ............ iNTER NE"T "S E,~ V]C ~'=::' BUS' I'~A RO-;"'..G:i, N 0i~ 0'9 O' ~4'i 30" 4.95 INTERNET SERVICE FIRE DEPARTME 22-4170-4130 185.87 FIRE EXTINGUISHERS 22-4170-2200 ~?F~?'~ ..................... ~ .................. ~ .......... ~' ~"~ 98'~?"M 'I~ S'C-E ~T~N EtO US~ "-'S'U P Pt~ I~S- ~'~'-~'?'~-~ ~'': ~', ~ ~ 'i70-: 220 0 CAPITAL ONE VENDOR TOTAL 1768.69 '=~='~8;8"~"-0i'0~'8'01 PR'E'~P~ 'I~'D I'bS-;O 6- ..... O'F--OT' .............. = 71- 7100~322' 8/31/0l 8/31/01 168.06 JRNL-CD 1 ~?='"~-;'~ ........... 0 t0'80 T ................... PR E "P'A'Y' D T~';"5'4 ....... 95 R:~"7'R'-:3190 =P H O'N E ;"' SM{"TH ~= ~5'AR=A ................... 0 8/31/01 8/31/01 79.54 JRNL-CD iOlO .................. OiO'SRi ............ ~' '-' PR E" PA] D ?0-;'0-0 SER V I'CE- 'C~tL' 952""4'12'~319'0; 01-"~ 095 '3200 8/31/01 8/31/01 70.00 JRNL-CD 1010 <0888 010823 PRE-PAID 5,353.00 PR2 CREDIT UN]ON EE DEDUCTIONS 01-2040-0000 8"t-3 t'f 01 ..... 8'/3'1"/'0I 5 ~ 3"53"~ O0 ........2 R'N'L" CD : 1010 010809 PRE-PAID 5,353.00 PR1 CREDIT UNION EE DED'UCT'i:ONS 0i~2:040-0000 ............. 8-/3'1-~'01 -' -8 f '3-1 t 01 5735' 3',-0'0 .......J R'NL'-C D : 10'10 CITY COUNTY CREDIT UNION VENDOR TOTAL 10706 O0 D;:1230 010808 PRE-PAID 1,077.00 REIMBURSE DEPENDENT CARE' 01:-2040-0000 8/31/01 8/31/0i 1,077.00 JRNL-CD 1010 DEBORD, JEANNE H. VENDOR TOTAL 1077.00 -8815- PAGE 2 AP-C02-O! VENDOR INVOICE NO. INVOICE NMBR DATE 010802 PRE-PAID DUE HOLD DATE STATUS PRE-PAID 8/31/01 8/31/0i VENDOR TOTAL PURCHASE JOURNAL CITY OF MOUND AMOUNT DESCRIPTION ACCOUNT NUMBER 1,815.95 PR1 DEDUCTED EE AND ER 22.25 FRAN CLARK RCPT #49825 47,25 D. S'CHWALBE RCPT #49822 47.25 B. ROY (CIIY PAID) 47.25 K. LINQUIST RCPT #49814 22,25 JEAN KRAUSE (STILL COVERED)' 47.25 KRAFT 22.25 5CHERNAU HURIEL 47.25' NOFF 23.62 23.63 · 47.25 22.25 2,235.70 8/31/01 8/31/01 DELTA DENTAL VENDOR TOTAL .... G'I'94 0 01081? PRE-PAID 8/31/01 8/31/01 GRAND~ DEB VE'NDOR TOTAL G1955 010810 PRE-PAID 8/31/01 8/31/01 GREAT WEST LIFE ASSURANCE VENDOR TOTAL Gt983 010726 PRE-PAID 8/31/01 8/31/01 010823 ITEE LIFE .... H~O0 0~10809 PR'E-PA t9 8/31/01 8/31/01 0t08.2't PRE-P'A'~D 8/31/01 8/31/01 .... HENKE, GERALD VENDOR TOTAL I2301 010809 PRE-PAID 8131101 8/3t/01 010823 PRE-PAID 8/3~/0t 8/3t/01 ICMA RETIREMENT TRUST-457 VENDOR TOTAL I2328 010809 PRE-PAID 8/31/01 8/31/01 010823 PRE-PAID 2235.70 100,00 100.00 100.00 2,299.69 2,299.69 2299.69 5AND~UIST (47.25 TOTAL BILL) SAND~UIST SHANLEY RCPT #49827 STUSTMAN JRNL-CD REIMBURSE MEDICAL EXPENSE JRNL-CD PR1 #98995-01 EE DEDUCTION JRNL-CD 334.46 PR2 08-01 GROUP BL-2209 334.46 JRNL-CD 352.86 352.86 687.32 395.00 395.00 09-01 GROUP BL-2209 JRNL-CD 19.87 19.87 414.87 330.00 REIMBURSE MEDICAL EXPENSE JRNL-CD REIMBURSE MBA PR DEDUCTION JRNL-CD PR1 RETIREMENT EE DEDUCTION 330';"00 JRNL-CD 330.00 PR2 RETIREMENT EE DEDUCTION 330;00 · JRNL-CD 660.00 50.00 PR1 NICCUM 476-86-9619 50.00 JRNL-CD 50.00 PR2 NICCUM 476-86-9619 50.00 .JRNL-CD 01-2040-0000 01-2040-0000 01~2040-0000 01-4140-1515 01-2040'000'0 01=4280=1515 01-4140-1515 71-7100-1515 01-4280-1515 73-7300-1515 78-7800-1515 01-2040-0000 01-4190-1515 1010 71-2050-0000 1010 01-2040-0000 1010 01-2040-0000 1010 01-2040-0000 1010 73-2050-0000 1010 01-2040-0000 1010 01-2040-0000 1010 01-20~0-0000 101o 01-2040-0000 1010 01-2o4o-0o0o 1010 -8816- PAGE 3 AP-C02-01 VENDOR INVOICE NO. INVOICE NMBR DATE DUE HOLD DATE STATUS P U AMOUNT R C H A S E J O U R N A L CITY OF MOUND DESCRIPTION ACCOUNT NUMBER INTERNAL REVENUE SERVICE VENDOR TOTAL L2817 010809 PRE-PAID 8'/31/01 8/31/01 IO0.O0 33.OO 33.00 66.00 PR1 DUES J. MCKINLEY 01-2040-0000 PR1 DUES T. TRAUX 01-2040-0000 JRNL~CD 1010 LAW ENFORCEMENT LABOR SER~ VENDOR TOTAL M3091 010802 PRE-PAID 8131/01 8/31/01 66.00 20,364.66 2?4.84 274.84 274.84 274.84 274~'84 274.84 506.50 586.98 586.98 248.00 248.00 248.00 248.00 248'.00 248.00 248.00 24'8'~0'0 248.00 248.00 ~48,00 26,422.16 ?'MEDICA"~CHOICE .... VE'NDOR TOTAt 26'422;16 ii~ M3268 010809 PRE-PAID 178.94 ~ii 8/31/01 8/31/01 193.22 PHP1 AND PHP2 01-2040-0000 FRAN CLARK RCPT #49825 01-20.40-0000 BETHKE RCPT #49811' 01-2040-0000 BOSTROM RCPT #49808 01-2040-0000 HOFF, EUGENE 01-4280-1515 HUDSON RCPT #49715 01~2040-0000 JOHNSON, RICHARD RCPT #49750 0i-2040-0000 LINGUIST KRIS RCPT #49814 01-2040-0000 ROY EE AND SPOUSE' MIGH OPTION 01-4140-1515 SHANLEY RCPT #4982? 01-2040-0000 DUANE LEISINGER SR CARE SECURE 01-2040-0000 SWANSON, MARILYN RCPT #49802 01-2040-0000 SWANSON, LEONARD RCPT #49802 01-2040-0000 STUTSMAN 0'1-4190-1515 SANDQUIST, LOIS 73-7300-1515 SANDQUIST, EARL 78-7800-1515 THARALSON, RAMONA (STILL COVER 01-4140-1515 'KRAFT~ 'HERMAN 01-4140-1.515 KRAFT, LUVERN 01-4140'1515 KRAUSE, JEAN (STILL covE'RED) Q1-42.80-1515 HOFF, KATHRYN .... 01..4280~15!5 JRNL-CD 1010 PR1 EMPLOYEE DEDUCT AMOUNT 01-2040-000, LI'N'~UIS'T RCPT # ' ...... 01-204'0-0000 JRNL-CD 1010 'B:E'NE F I~T""AS'S N .................... VENDOR 'TOTAL" 19~,22 ..... M3284 010731 PRE-PAID 120.00 REGISTRATION HARRELL,LEONARD 01-4140-4110 8'/3'1/01 8't3't/'01 lZO'.O0 ...... JRNL-CD 1010 CHIEFS OF POLICE VENDOR TOTAL 120.00 M3288 010809 PRE-PAID 375.63 PR1 NICCUM 476-86-9619 01-2040-0000 129.88 PR1 JAYKO 330-48-435! 0~'2040-0000 128~74 .... PRt" HOLM~REN 474-78-15'28 ........... 0'1"2'040'0000 8/31/01 8/31/01 634.25 JRNL-CD 1010 ............... 0 t~08-2~'--: PR E-PA I'D ~ 75~'6'3 ..... P R'2 "NI'C'¢ U M 6-'86-96.I 9 01~'204'0 ' 0000 129.88 PR2 JAYKO 330-48-~351 01-2.040'0000 128.74 PR2 HOLMGREN 474-78-1528 01-2040-0000 8 ! ~1-/01~'-- -'-8'~'3-~'/0-t 6'3~4-'-;"~ '5 ....... ~IRNL"-"C D .................... 101 0' MN CHTI ~ ~IIPP~RT PiYHFNT r V~N~A~ TATAI I?AR.~ -8817- PAGE 4 P U R C N A S E J 0 U R N A L AP-C02-O! CITY OF MOUND VENDOR INVOICE DUE HOLD NO. INVOICE NMBR DATE DATE STATUS AMOUNT DESCRIPTION ACCOUNT NUMBER 010809 PRE'PAID 343.00 PR1 P/W EE DEDUCTION 8:/'3~/01 8/3'1/0I 3'43;'0'0 JRNL~CD 010809-B PRE-PAID 264.00 PRi DUES EE POLICE DEDUCTION 8/'31'/01 8/31'/01 264.00 'JRNL~CD~ MN TEAMSTERS LOCAL 320 M3520 010817 MOUND POSTMASTER N3706 010808 NELSON, JOYCE VENDOR TOTAL 607.00 PRE-PAID 111.57 111.57 8/31/01 B/31/01 223.14 VENDOR TOTAL 223.14 PRE-PAID 113.32 8/31/01 8/31/01 113.32 VENDOR TOTAL 113.32 UTILITY BILLING POSTAGE UTILITY BILLING POSTAGE JRNL'CD REIMBURSE MEDICAL EXPENSE JRNL-CD 01-2040-0000 1010 01-2040-0000 1010 73-7300-3210 78-7800-3210 1010 70-2050-0000 1010 N3745 010823 PRE-PAID 8/31/01 8/31/01 NCPERS VENDOR TOTAL P3952 010810 PRE-PAID 8/31/0i 8/31/01 010821 ........ PRE-PAID 8/31/01 8/31/01 CASH VENDOR TOTAL 36.00 PR2 09-01 EE DEDUCTION 01-2040-0000 12.00 PR2 09-01 CLARK, FRAN 01-2040-0000 48.00 JRNL-CD 1010 48.00 44,03 REPLENISH PETTY CASH MISC' ITEM 44.03 JRNL-CD 79,81 REPLENISH PETTY CASH MISC ITEM 79.81 JRNL-CD 123,84 71-7100-2200 1010 0i'4140-2200 1010 010801 PRE-PAID 8/31/01 8/31/01 01'0828 PRE-PAID 8/31/01 8/31/01 ROBERTS, COLLETTE VENDOR TOTAL ~"5~630 01'0817 PRE-PAID 8/31/01 8/31/01 SPEEDWAY~S'UPERAMERICA LLC 'VENDOR TOTAL S4631 010718 PRE-PAID '8'/31/01 8/31/01 SPEEDWAY SUPERAMERICA LLC VENDOR TOTAL S4632 010817 PRE-PAID 252.78 REIMBURSE MEDICAL EXPENSE 01-2050-0000 1,'037.00 REIMBURSE DEPENDENT 'CARE : ' 01'2060-0000 1,289.78 JRNL-CD 1010 768.00 REIMBURSE DEPENDENT CARE 01-2060-0000 266.00 REIMBURSE MEDICAL CARE 01-2050-0000 1,034.00 JRNL-CD 1010 2323.78 543.12 THRU 07-19-01 GASOLINE CHARGES 01-4340-2210 543.12 JRNL-CD 1010 543.12 1,176.05 THRU 07-19-01 GASOLINE CHARGES 1,176',05 JRNL-CD 01-4140-2210 1010 1176.05 309.21 THRU 07-19-01 GASOLINE CHARGES 22-4170-2210 8/31/01 8/31/01 309.2~ -8818- PAGE 5 AP-C02-01 VENDOR INVOICE NO. INVOICE NMBR DATE P U R ¢ H A S E J O U R N A L CITY OF MOUND DUE HOLD DATE STATUS AMOUNT DESCRIPTION ACCOUNT NUMBER SPEEDWAY SUPERAMERICA LLC 54653 010817 PRE-PAID '813'1/01 ' 8/3110! SPEEDWAY SUPERAMERICA LLC VENDOR TOTAL 74875 010614 PRE-PAID 8/31/01 8/31101 TOTAL REGISTER SYSTEMS, IN VENDOR TOTAL 010822 'PRE-PA'ID 8/31/01 8/31/01 ~-.-.-VERI.Z. ON-.WIRELE:S5 .... VENDOR TOTAL W5442 010830 PRE-PAID VENDOR TOTAL 309.21 23.33 THRU 07-19-'01 VEHICLE #01 01-4280-2210 74.32 THRU 07-19-01 VEHICLE #02 0.1-4280-2210 15','83 THRU'O?'lg~'O1 VEHICL'E #03 01-4280-2210 30.83 11.66 112,4'8 76.21 78.32 21'2.4'6 32.85 101.34 THRU 07-19-01 VEHICLE #05 THRU 07-19-01 VEHICLE #07 THRU 07~I9~01 VEHICLE"~09" THRU 07-19-01 VEHICLE #1.0 THRU 07-19-01 VEHICLE #1.~ THRU 07'i9-01 VEHI'C[E '#16 THRU 07-19-01 VEHICLE #18 THRU 07-19-01 VEHICLE #20 226.62 15.83 286.35 17.60 16.76 1,409.44 1409.44 4,919.25 4,919.25 4919.25 8.i9 6.87 6.87 6.87 23.63 23.62 42'.73 27.42 27.42 27.42 27.42 27.63 27~'42 31.32 .79 76.65 'THRU 07-19'01 VEHICLE #2t THRU 07-19-01 VEHICLE #2.2 THRU 07-19-01 VEHICLE #24 THRU 07-19'01 VEHICLE #25 ' THRU 07-19-01 VEHICLE #26 THRU 07-19-01 VEHICLE #00 JRNL-CD 73-7300-2210 01-4280-2210 78-7800-2210 01-4280-2210 01~.4280-2210 01~4280-2210 78-7800-2210 78-7800-2210 73-7300-2210 01-4280-2210 01-4280-2210 01~4280-2210 01-4280-2210 01-4280-2210 1010 COMPUTER PACKAGE 71-7100-5000 JRNL-CD 1010 07'01 612-296-9058 FINANCE .... '01~4090-3220 07-01 .612-590-4351 STREETS 01-4280-3220 07-01 612-590-4351 WATER 01-4280-3220 07-01 612-590-4351 SEWER' 78-7800-3220 07-01 612-554-6520 WATER 73-7300-322 07'01 612-554-6520 SEWER 78-7800-322 07'01"612-581-2110 'PA'TR'O~ '845 01~41~0'3220 07-01 612-581-6401 CHIEF 01-4140-3220 07-01 612-581-6404 BLAZER 01-4140-3220 07-01 612-581-6440 $~U~D'"8'40 01-4140-3220 07-01 612-581-6441 SQUAD 841 01-4140-3220 07-01 612-581-6442 SQUAD 842 01-4140-3220 07-01 612-581-6443 SQUAD 8~'3 ......... 01'~140'3220 07-01 612-581-6444 S~UAD 844 01-~140-3220 07-01 612-723-7560 MOUND FIRE 22-4170-3220 1,27 07-0t 6t2-751'-3572'-'EN6I'NE'~ #~8 22-4170-3220 2.71 07-01 612-751-3573 MOUND FIRE 22-4170-3220 8.19 07-01 612-875-4502 RESCUE TRUC 22-4170-3220 ..... 27.42 07-0t"'612-58t-6405'INV~5~t'~0 01-~'14:0-3220 ' 355.21 JRNL-CD 1010 355'~'2t ............................ 22.00 AUTO LICENSE SUTHERLAND'5 CAR 0i-4190-3220~ 2'2~'00' JRNL~CD ~" 1010 WAYZATA, CITY OF VENDOR TOTAL 22.00 -8819- PAGE 6 AP-C02-Oi VENDOR INVOICE NO. INVOICE NMBR DATE 010728-A PRE-PAID 8/31/01 8/31/0~ '~ ASSOCt'ATION OF MINNESOTA VENDOR TOTAL 16984 010807 PRE-PAID 8131101 8/31/01 GILLESPIE CENTER VENDOR TOTAL 16985 010814 PRE-PAID 8/31/01 8/31/01 SPRING PARK AUTO VENDOR TOTAL 16986 010816 PRE-PA]D 8/31/01 8/31/01 MINNESOTA AMERICAN PLANNIN VENDOR TOTAL TOTAL ALL VENDORS PURCHASE JOURNAL CITY OF MOUND DUE HOLD DATE STATUS AMOUNT DESCRIPTION lO0.O0 AMEM CONFERENCE, HARRELL, LEON 11'0,'00' AMEM CONFERENCE, MCK'INLEY~ JON 21o .oo JRNL-CD 210.00 157.50 157,50 157.50 4,169.00 4,169.00 4169.00 160.00 160.00 160.00 67,365.43 ROOM RENTAL JRNL-CD 1993 CHEVY STEP VAN JRNL-CD REGISTRATION MN PLANNING CONFE JRNL-CD AC.COUNT NUMBER 01-4150-4110 01-4150-4110 1010 30-6000-4100 1010 78-7800-5000 1010 01-4190-4110 1010 -8820- CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, .MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com DATE: September 5, 2001 TO: MAYOR AND CITY COUNCIL FROM: BONNIE RITTER RE: PERMIT APPLICATION The Sportsmen Bassmasters have applied for a Public Gathering Permit to use Mound Bay Park on October 13, 2001, for a fishing tournament launch and weigh-in site. Permit fee has been received. September 11, 2001 Resolution #Ol-xx RESOLUTION #01-XX RESOLUTION APPROVING THE 2002 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $3,628,280; SETTING THE PRELIMINARY LEVY AT $2,452,550; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2002. BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following preliminary 2002 General Fund Budget appropriatiOns: City Council Promotions Cable TV City Manager/Clerk Elections/Registration Assessing Finance Computer Legal Police Emergency Preparedness Planning/Inspections Street City Retaining Walls City Property/Buildings Parks Recreation Contingencies Transfers 85 780 2 000 48 000 236400 11 030 79 700 204 340 28 260 122 000 1,171.300 6 780 271 130 576 610 25 470 90 770 322 240 55 850 60.860 229,760 TOTAL GENERAL FUND 3,628,280 -8822- September 11, 2001 Resolution #Ol-xx BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following preliminary taxes for collection in 2002: SPECIAL LEVIES Bonded Indebtedness- Public Works Levy Bonded Indebtedness- 200lA Judgment Bond Unfunded Accrued Liability of Public Pension Funds Total Special Levies PRELIMINARY REVENUE LEVY Preliminary Certified Levy 86,020 23,000 33,350 142,370 2,310,180 2,452,550 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the preliminary overall budget for 2002 as follows: As per above 3,628,280 SPECIAL REVENUE FUNDS Area Fire Service Fund Cemetery Fund Dock Fund TOTAL SPECIAL REVENUE FUNDS 745,830 9,920 135,120 890,870 ENTERPRISE FUNDS Recycling Fund Liquor Fund Water Fund Sewer Fund Storm Water Utility Fund TOTAL ENTERPRISE FUNDS 149,250 645,240 579,020 1,013,770 ~,200 2,445,480 2 -8823- September 11, 2001 Resolution #Ol-xx SUMMARY General Fund Special Revenue Funds Enterprise Funds 3,628,280 890,870 2,445,480 TOTAL ALL FUNDS 6,964,630 The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk -8824- Minnesota Statutes 2000, 462.358 Page 2 of 6 access thereto. The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained. The regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety and conditions sufficient to.assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce Such agreements and conditions by appropriate legal and equitable remedies. ~t The regulations may require f any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be'dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common, areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality, reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. Subd. 3. Repealed, 1980 c 566 s 35 Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions which create five or more lots or parcels which are 2-1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. http://www.revisor.leg.stme.mn.us/st~s/462/358.html -8825- 9/5/2001 Minnesota Statutes 2000, 471.191 Page 3 of 3 shall be exempt from taxation to the same extent as obligations of the city. Any mortgage or trust indenture executed by such corporation for the security of its obligations may provide for the segregation and payment of rentals and revenues of land, buildings, and facilities directly by the lessee to the mortgagee or trustee, whether or not such mortgagee or trustee is in possession under foreclosure proceedings or otherwise, and the mortgage or trust indenture may be enforced by foreclosure and sale and by any other remedy at law or in equity which is available in the event of default in payment of amounts due and performance of covenants under any mortgage of real or personal property; provided that no such mortgage or trust indenture shall impair the continued right of the lessee to the use and enjoyment of the land, buildings, and facilities so long as the lessee is not in default in the payment of rentals due and in e performance of covenants under the lease agreement. or otherwise, by a city for the purposes authorized and contemplated in this section shall be deemed and are declared to be public property exclusively used for a public purpose and as such exempt from taxation, so long as and to the extent that such property is devoted to said purposes and is not subleased to any private individual, association, or corporation in connection with a business conducted for profit, for a term of three or more years. An agreement whereby a city, as owner or lessee, employs a private individual, association, or corporation to operate facilities for use of the public, for the purposes herein contemplated and subject to regulation by the public owner or lessee, is not a sublease for the purpose of this subdivision. Subd. 5. Obligations, rentals, and securities issued distinguished. A~i obligations issued by any city pursuant to this section are issued for the acquisition or betterment of revenue producing public conveniences and are payable wholly from the income thereof, within the meaning of all provisions of chapter 475. The rentals payable under a lease and the securities issued by the lessor pursuant to subdivision 3 are not obligations within the meaning of chapter 475. HIST: 1967 c 725 s 1; 1973 c 123 art 5 s 7; 1973 c 321 s 1; 1973 c 773 s 1; 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 68; 1989 c 304 s 137; 1989 c 329 art 13 s 20; 1994 c 505 art 3 s 13; 1994 c 643 s 75; 1995 c 256 s 17,18 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http:#www.revisor, leg.stae.mn.us/st~s/471/191.html -8826- 9/5/2001 330.120 330.120 Design Sro. n. dnrds, Public Sites. and OPen Spaces and Park Land,Dedi~t!on. $ab~ 1, PabHe Sites ,and,~ea Spaces. ' Where a proposed park, playground, or other, public site shown on the adopted ComprehenSive Plan or official map is embraced, in pm, t. or in whole, by a boundary of a proposed subdivision and such public sites are not d~ to the City, such public ground shall be shown as reserved land on the ~l'm~&'urry plat. to allow the City .the oppommity to consider and take a~fion toward acqui~fit, iea of such public ground or park by purchase or other means prior to approval of very plat, replat, or subdivision of land · owing, development for residential, commercial., industrial,, or other uses or combinataon" thereof, or in a planned development area, or where a waiver or variance is granted, a reasonable portion of such land and/or cash shall be set aside and dedicated by the tract owner or owners to the general public as open space for park and playground purposes or public ponds e~apt where adjusmaents to lot lines do not create additional lots. Ten (10) percent of the property may be used for residential., multiple-family residential, commercial business or industrial purposes shall be deemed a reasonable portion. Said land, shall be suitable for laubtie use as parks and playgrounds .or for one of the afo.~ementioned dese~ibed:pmtaoses, and the City shall not be required to accept land which wilt. not. be usable for pa~ks am:l playgrounds or which would tequix, e extensive ex. radiates on the part of the public to make them usable. Sutul. t. At. the Ci. ry's option, except for minor subdivisions as herein defined, the su~vider shall contribute an equivalent amount of cash, in lieu of all or a portion of the land. which the City may mqui.re ~ueh owner to dedicate pursuant to Subd. 2 he. ~:of, in aeeo~lmme with the sehodu,~ to be Rt. by resolution of the Council which cash contribution sba_Il be a. minim~'t of ten percent (10%) of the total fair market value of the land being divided, la no, case shall the dedication in cash be less than $500 for each new lot being A ~ ~ladi~isioa is a, case where ~ residential, lots or less are to be subdivided or e~.~ a di~i~io.n, and i~ those mi~.~r subdivisions the park land dedication shall, be l~amm: m, a. schedule*~ m~ be set by resolution: of the Council. I-~ no case. sh~l: the cash dod~kaa f~ for, roi. nor sutxii~i~s~ns be less'than five hundred dollars ($500) for each new lot ~: ~a~. In. ca, scs w.ho. ~e one lot is split: into. lots, it is determined, that: oMy one no,w ..l~...is being created, (,O~. 75~19~$ - 8,22-95) Sub,& 4~ Where the owner provides for public use., neighborhood park amenities such as, lmlmot, liraited {o, termis eou ..r~,, ball fields, Open space or other recre~ionat, facilities, 21 -8827- Mound City ~e 330. t20, SUM.. 4 tt~ City may reduce the amount of land to be dedicated or the cash contribution in lieu of the f~.,itities provide. Sabd. $, Cash contributions required by Subd. 3 hereof shall be made prior to filing the Subd, 6. This seofion shall not apply to the division of platted lots that are being ~ wi~ other existing lot~ to iaerease the lot sizes to conform to the larger sized la required by the Z~ni'ng Ordinance. This exception is in recognition of the need to put und~r~'ur, M lorn togetl~r to bring them into conformance with. zoning requirements adopted afar the original subdivision of properties, many of which predate any zoning regulations of the Ci~. (ORD//30-1989 - 6-26-89) 330.125 Road Naming and House Nnmbering. Sabd. 1. Road Desi~atious. The use of road, street, avenue, parkway, trail, drive, boaleward, way, court, terrace, and circle suffixes shall be used in identifying location and dir~efion., of mods. Roads shall be designated as follows: a. Roads that both originate and terminate on the same street are circles. b. Cut-de-sacs (dead ends) are named courts. e. A mad shall have only one name for its entire length. two roads shall be named alike, that is, have the same name or have similar ~oundiag names. Tbe ~ of a road Mil change only if the road changes direction 45 degrees, or mot, e at the point if deviation. Lg the pmpos~l ~et is. an. exl~nsion of an existing named street, that name shall-be ~. In alt. oahcr cases, t~ ~ of any street p~,eviously used within .the county ~alt,.aot.be used .ualess such use is consistent with the county or eommuni;ty street naming system. g. ~ names, shall not i.nelude the word "wood" (i,e. Gumwood, Mayw. ood, etc.).. Snbd. 1,. ~o~e .Nmbe~ll System. The standard method of assigning house numi~a to e~h side of ~e $~reet shall be as follows: Oa. e~t ami w~t roadways, even numbers are to b~ a~gaed to the no~h side of tl~ voad~ay and: odd num~vs are to be assigned to the south side of the roadway. -8828- 5341 M~y~ood R.o~d Mound, MN 55364 (952) 472-3190 Memorandum To: Honorable Mayor and City Council /' ~~ {,.... From: Sarah Smith, Community Development Directo~~- --~"" Date: 9/6/2001 Rex Proposed Zoning Ordinance Text Amendments - Lot Size Calculation and Zoning Ordinance Administration Summaxy At its August 20, 2001 meeting, the Planning Commission held public hearings for review of two (2) proposed text amendments to the zoning ordinance regarding calculation of the minimum lot size from the 929.4 contour (OHW) as well as language changes to reflect the creation of the new Community Development Director position. As the City Council may be aware, M.S.S. 462.357 requires that a public hearing is held for review of zoning amendments by the Planning Commission subject to certain publication and public noticing requirements. Members of the City Council are advised that all noticing requirements for the public hearing held by the Planning Commission were satisfied. While City Code Chapter 350.520 Subdivision 2 (D) requires that a public heating is held for all rezoning matters by the City Council, the zoning ordinance is somewhat vague regarding the procedural requirements for text amendments. Following review and discussion by City staff, we believe that the City has satisfied the procedural requirements that are set forth in M.S.S. 462 by holding a public heating at the Planning Commission level and by providing proper notice thereof. Therefore, we have not advertised or provided additional ma/led notice at the City Council level so as to advance the application in a timely manner. In the event members of the City Council take an alternative position, the proposed amendments should be referred back to City stuff so that an additional notice of public heating can be published and mailed pursuant to local regulations. -8829- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY AUGUST 20, 2001 PUBLIC HEARING Zoning Ordinance Change - Lot Area Gordon reviewed the memo and pointed out that Minnetrista has a 931.5 for their limit for measuring lot area. It explained how the proposed 929.4 affects some areas of the community and what lowering the lot area does. Our recommendation is to revise the measurement of lot area for lakeshore lots based on the OHW. The public hearing notice was published in the paper. Chair Michael opened and closed the public hearing. MOTION by Clapsaddle, seconded by Burma, to accept the staff recommendation. MOTION carried. Weiland and Hasse opposed. Weiland opposed because he felt the new handout did not allow him time to consider his vote. Hasse opposed because he didn't see any reason to change the current calculation method. Gordon said it was basically convenience for the homeowner and it helps us recognize some of the existing conditions in the community. Gordon responded that the handout summarized the information which was previously reviewed by the Planning Commission in May. -8830- MEMORANDUM Hoisington Koegler Group Inc. To: Mound City Council, Planning Commission and Staff From: Loren Gordon, City Planner Date: August 15, 2001 Subject: Proposed Ordinance revision - Definition of Lot Area BACKGROUND: At the direction of the City Council, Staff has reviewed our definition of how we calculate lot area for lakeshore properties as compared to other Lake Minnetonka communities. The May 16, 2001 Memorandum highlights the survey results from those selected communities which was reviewed by the Planning Commission at the May workshop. The attached resolution reflects the revision for measurement of lot area for lakeshore lots is based on the Ordinary High Water Level (OHW). Staff is recommending this revision apply to all water bodies that have an established OHW for consistency rather than just limiting its application to Lake Minnetonka. This change will result in a reduction of variances for lakeshore properties when lot area is a consideration. Another related provision discussed at the May workshop was removing wetland area from lot area. Minnetfista does exclude wetlands from lot area calculations. As the definition is written, unless the wetland has an established DNR or City high water elevation, it would be part of the lot area. Although there are a number of wetlands in the City that do not have established OHW, they are generally small and probably are a small percentage of any given parcels area. RECOMMENDATION: The Planning Commission recommend City Council approval of the Ordinance amending the measurement of minimum lot area as proposed. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -8831 - MEMORANDUM Hoisington Koegler Group Inc. To: From: Date: Subject: Mound City Council, Planning Commission and Staff Loren Gordon, City Planner May 16, 2001 Proposed Zoning Ordinance Revisions - Lot Area DISCUSSION: The City Council has asked Staff to review the Zoning Code definition for lot area. The premise of this review is to evaluate how the current definition affects lakeshore properties. As the definition currently reads, lot area is calculated for property lying above the 100-year flood elevation (931' for Lake Minnetonka) for the lakes in Mound. This essentially prevents the lawn space between the ordinary high water (OHW) and the flood elevation from being used in calculating lot area and open space. The following is a survey of other Lake Minnetonka communities shows that the ordinary high water is the norm for calculating lot area. Orono and Minnetrista do have some exceptions, in that they do not calculate wetlands in the total lot area. Orono Measured at the OHW (929.4') unless wetlands are involved, then that area is excluded from the total lot area. Minnetonka Measured at the OHW (929.4') Wayzata Total lot area counts. However, wetlands are excluded from total lot size calculations for multi-family projects. OHW is calculated to be (929.4') in Wayzata. Minnetrista Measured at the OHW (929.4') with many qualifiers for what is "dry buildable land" Using the OHW does help properties that have relatively flat lakeside lawns by getting back to the lot area that is more reflective of the original platting. One point to remember in this discussion is that all of the small lots in Mound (formerly the Village of, Island Park, Minnetrista) did or were assumed to meet zoning district minimums. In the 1968 zoning ordinance for the Village of Mound, lot area was defined as, "The area of a horizontal plane within the lot lines." It wasn't until the introduction of many water regulations like floodplain and shoreland management that the current lot area definition came about. From the City's regulatory standpoint, a policy change to "lower" the lot area will probably bring 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -8832- t>.2 Zoning Ordinance revisions May 16, 2001 more properties in to conformity with the code that would previously required a variance to develop. This could result in a decrease in the number of variance applications as well. RECOMMENDATION: Staff's recommendation would be to revise the definition to adopt the OHW measuremem. This should also be applied to Dutch Lake and Lake Langdon to maintain consistency in our application of lot area on public water bodies. In regards to excepting wetlands from the lot area discussion, Staff would recommend that we not consider that at this time. Dkection on furore discussions may be better addressed during the surface water managemem plan ordinance implememation when other similar ordinance amendmems can be considered. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax(612) 338-6838 -8833- CITY OF MOUND ORDINANCE NO. AN ORDINANCE AMENDING THE DEFINITIONS SECTION 350:310 SUBD 78, LOT AREA, MINIMUM OF THE ZONING CODE The City of Mound does ordain: Section 350:310 is amended to read as follows: Subd. 78. Lot Area, Minimum. The area ora lot in a horizontal plane bounded by the lot lines, but not including any area oe~spied.a4toodptaia-as-designat~d-oa-~e-adopted-I4Gt}/]~Nl~- Ftoodptair~-Map below the Ordinary High Water Level as determined by the City of Mound or Department of Natural Resources. (~ .~r.,, ~:^-~ m ..... :~- Ordinary High Water Level for ~i.o_r_l...~.....e..s...i..n.....M..9..u...n...d..: Lake Minnetonka = o~ ~ ~,. ~v .,~.~.~...~o9o a., Dutch Lake=-940:0 ...... .9...3...9.....2..; Lake Langdon =-9-3-5:0._93.2.._1_.). Passed by the City Council of the City of Mound this ~ day of ,2001. Mayor Pat Meisel Attest: Bonnie Ritter, Acting City Clerk -8834- 17 CITY OF MOUND ORDINANCE NO. 07-2001 AN ORDINANCE ADDING SECTION 205 TO THE CITY CODE RELATING TO ADMINISTRATION; OFFICERS; DEPARTMENTS The City of Mound does ordain: Section 205 is hereby added as follows: Section 205 - ADMINISTRATION; OFFICERS; DEPARTMENTS 205.01. City Manager. Subd. 1. General. The City Manager is the chief administrative officer of the city, and is responsible to the council for the supervision of the City Clerk and all departments and divisions of city administration except where otherwise provided by law. The City Manager shall prepare and distribute to the City Clerk and department and division heads such roles and regulations as deemed necessary for the orderly and efficiem conduct of city administrative affairs. The City Manager shall periodically review the administrative structure of the city and may recommend to the council changes in the administrative organization of the city. Subd. 2. Specific Duties. The manager has the responsibilities provided in the laws governing statutory cities. The manager may employ an administrative assistant and such other employees, including an administrative intern, as are necessary for the execution of the duties of the office. The manager's personal office staff is a separate department of the city administrative service known as the Executive Department. 205.05. Departmental and Divisional Organization. The administrative service of the city is divided into the following departments and heads thereof: Executive Departmem -City Manager City Clerk Department-City Clerk Community Development Department -Director of Community Developmem Finance DeparUnent-Finance Director Fire Department -Fire Chief Legal Department -City Attorney Liquor Operations Department -Liquor Store Manager Park and Recreation Department -Director of Parks Police Departmem -Police Chief Public Works Departmem -Director of Public Works Divisions within departments shall be established from time to time by resolution of the city council with the recommendation of the manager. -8835- Ordinate No. 07-2001 205.10. General Duties of Department and Division Heads. Subd.1. Administration. Department and division heads are the administrative officers of the city. They are responsible for the efficient administration of their respective departments and divisions and shall initiate, with the approval of the manager, whatever practices, programs and procedures are necessary to fulfill that responsibility. Subd. 2. Assi~enment of duties. The manager may assign the same individual to head two or more departments or to head one or more divisions within a department. The manager may be a department head. The manager shall create a job description for each department head position, describing the specific duties and areas of responsibility for the position. The manager may modify any department heM's job description and duties from time to time. A department head shall perform the duties identified in the job description and any additional duties assigned by the manager. 205.15. CiW Clerk Department. The City Clerk is responsible to the manager for the organization, planning, administration and coordination of the City Clerk Department. The City Clerk shall perform the duties described in the job description for the position and any additional duties assigned by the manager. 205.20. Public Works Department. The Director of Public Works is responsible to the manager for the organization, planning, administration and coordination of public works of the city. The Director of Public Works shall perform the duties described in the job description for that position and any additional duties assigned by the manager. 205.25. Liquor Operations Department. The Liquor Store Manager is responsible to the City Manager for the operation of the municipal liquor store. The Liquor Store Manager shall perform the duties described in the job description for that position and any additional duties assigned by the City Manager. 205.30. Police Department. The Police Chief is responsible to the City Manager for all activities relating to the operation of the Police Deparmaent. The Police Chief shall perform the duties described in the job description for that position and any additional duties assigned by the City Manager. 205.35. Fire Department. The Fire Department is supervised by the Fire Chief. There may be one or more assistant chiefs in the department. 205.40. Legal Department. The City Attorney is the legal adviser to the council and the manager. The attorney is responsible to the manager for administrative matters affecting the legal department. The attorn, ey shall represent the city in legal proceedings to which the city is a party and shall perform such other functions of a legal nature as the council may direct. -8836- Ordinance No. 07-2001 205.45. CommuniW Development Department. The Director of Community Development is responsible to the manager for the organization, planning, administration and coordination of the community development functions of the city. The Director of Community Development shall perform the duties described in the job description for that position, and as described in Subsection 350.505 of the Code and any additional duties assigned by the manager. 205.50. Park Department. The Park Director is responsible to the City Manager for the organization, planning, administration and coordination of the recreation services of the city. The Park Director shall perform the duties described in the job description for that position and any additional duties assigned by the City Manager. 205.55. Finance Department. The Finance Director is responsible to the City Manager for the organization, planning, administration and coordination of the finance activities of the city. The Finance Director shall perform the duties described in the job description for that position and any additional duties assigned by the City Manager. Mayor Pat Meisel Attest: Bonnie Ritter, Acting City Clerk Passed by the City Council on Published in The Laker on -8837- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY AUGUST 20, 2001 PUBLIC HEARING Administrative Code Change - Community Development Director Loren explained that this item gives the Community Development Director the ability to enforce the zoning code that currently falls to the City Manager. Weiland inquired about the word "powers" as being too strong. Gordon indicated it was only his memo regarding the item and the word powers did not appear in the ordinance. Clapsaddle said he wasn't thrilled with it until the City Council gets smart and realizes that all floodwater issues should be the final word of the Planning Commission instead of the City Council. Chair Michael opened and closed the public hearing. Smith indicated that Sutherland was the issuer of occupancy certificates. Smith said the ordinance submitted in the packet was not in ordinance format but that Attorney John Dean indicated that this is the content of the ordinance. It is only the form that will change. If the commission is uncomfortable with acting on this in preliminary form there is no problem bringing it back in final form for your review. MOTION by Commissioner Weiland, seconded by Commissioner Clapsaddle, to accept the staff recommendation. Burma requested that, on page 22, Subd. 1, occupancy, building and other be struck and replaced with issue land use permits. MOTION carried unanimously. -8838- CITY OF MOUND ORDINANCE NO. 08-2001 AN ORDINANCE AMENDING SECTION 350 OF THE CITY CODE RELATED TO THE ADMINISTRATION OF ~ ZONING CODE The City of Mound Ordains: Subsection 350.505 is amended to read as follows: .............................. anco Administration of Zoning Code. The Director of Community Development shall be responsible for the administration and enforcement of this code. and the implementation and enforcement of the Comprehensive Plan. The Director of Community Development shall create and maintain such systems of records and files and establish such administrative procedures as are necessa~_ to promote the efficient administration and enforcement of this code and the Comprehensive Plan. The Director of Community Development may designate additional persons as may be necessary or convenient to administer and enforce this code. Any person aggrieved by any procedure or decision of the Director of Community Development may appeal to the Board of Adjustments and Appeals. In addition to the foregoing, the Director of Community Development or individuals acting under that person's direction shall have the following responsibilities: Subd. 1 thereof. ~":~: .... '~ "+~'"" permits and make and maintain records Issue occupancy, ........ Subd. 2 Conduct inspections of buildings and use of land to determine compliance with the terms of this Code. Subd. 3 Maintain permanent and current records of this Code, including but not limited to: all maps, amendments, and special uses, variances, appeals and applications therefore. Subd. 4 Receive, file, and forward all applications for appeals, variances, special uses or other matters to the designated official bodies. Subd. 5 Institute in the name of the City, any appropriate actions of proceedings against a violator of this Code or applicable statute. Subd. 6 Serve as ex-officio non-voting member of the Planning Commission. Attest: Bonnie Ritter, Acting City Clerk Passed by the City Council on Published in The Laker on Mayor Pat Meisel ,2001. ,2001. -8839- MEMORANDUM Hoisington Koegler Group Inc. To: From: Date: Subject: Mound City Council, Planning Commission and Staff Loren Gordon, City Planner August 15, 2001 Proposed Ordinance Revision- Administration of the Zoning Code 350:505 BACKGROUND: The creation of a Community Development Director position has created the need to amend the section of the zoning code addressing its administration. Currently, the City Manager or his/her designate is charged with the administration and enforcement of the Ordinance. The amendment designates the Community Development Director with the responsibility of administering and enforcing the Zoning Ordinance and Comprehensive Plan. In addition, the amendment assigns certain powers and provides the mechanisms to see that they are carded out. RECOMMENDATION: The Planning Commission recommend City Council approval of the Ordinance amending Section 350:505 as proposed. 123 North Third SWeet, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax(612) 338-6838 -8840- Info~:mat&onc. no~.,yet in ordinance form - to be completed' AO CHAPTER Il DEPARTMENTS, OFFICEKS, EMPLOYEEs Section 205. Administration; officers; departments. 205:01. City manager. Subdivision 1. General. The manager is the chief administrative officer of the city, and is responsible to the. council for the supervision of the city clerk and all departments and divisions of city administration except where otherwise provided by law. The manager shall prepare and distribute to the city clerk and department and division heads such mles and regulations as deemed necessary for the orderly and efficient conduct of city administrative affairs. The mamger shall periodically review the administrative structure of the city and may recommend to the council changes in the administrative organization of the city. SUbd. 2..Specific duties. The manager has the responsibilitieS provided in the laws governing statutory Cities. The manager may' employ an administrative assistant and such other employees, including an administrative intern, as are neCesSary for the execution of the duties ofth'e office. The manager's personal office staff is a separate department of the city administratiVe service known as the Executive Department. 205:03. Departmental and divisional organiT~tion The administrative service of the city is divided into the following departments and heads thereofi Executive Department-City Manager City Clerk Department-City Clerk Community Development Department -Director of Community Development Finance Department-Finance Director Fire Department -Fire Chief Legal Department -City Attorney Liquor Operations Department -Liquor Store Manager Park and Recreation Department -Director of Parks Police Department -Police Chief Public. Works Department -Director of Public Works Divisions within departments shall be established from time to time by resolution of the city council with the recommendation of the manager. 205:05. General duties of department and division heads. Subdivision 1. Administration. Department and division heads are the administrative officers of the city. They are responsible for the efficient administration of their respective departments and divisions and shall initiate, with the approval of the manager, whatever pra~ices, programs and procedures are necessary to fulfill that responsibility. Subd. 2..Assignment of duties. The manager may assign the same individual to head two or more departments or to head one or more divisions within a department. The manager may be a JBD-196280vl MU220-2 -8841 - department head. The manager shall create a job description for each department head position, describing the specific duties and areas of responsibility for the position. The manager may modify any department bead's job, description and duties Yom time to time. A department head shall perform the duties idemified in the job description and any additional duties assigned by the manager. 205.09. City Clerk Department. The city clerk is responSible to the manag~ for the organization, planning administration and coordination of the City Clerk Department. The city clerk shall perform the duties described in the job description for the position and any additiOnal duties assigned by the manager. 205.10. Public works, department. The director of public works is responsible to the manager for the organization, planning, administration and coordination of public works of the city2 The director of public works shall perform the duties described in the job description for that position and any additional duties assigned by the manager. 205.11. Liquor operations department. The liquor store manager is responsible to the city manager for the operatiOn Of the municipal liquor store. The liquor store manager shall perform the duties described in the job description for that position and any additional duties assigned by the city manager. 205.12. Police departmem. The police chief is responsible to the city manager for all activities relating to the operation of the police departmem. The police chief shall perform the duties described in the job description for that position and any additional duties assigned by the city manager. 205.13. Fire department. The fire departmem is supervised by the fire chief. There may be one or more assistant chiefs in the department. 205.14. Legal department. The city attorney is the legal adviser to the council and the manager. The attorney is responsible to the manager for administrative matters affecting the legal department. The attorney shall represent the city in legal prOceedings to which the city is a party and shall perform such other functions of a legal nature as the council may direct. 205.15. community development department. The director of community development is respomible to the manager for the organization, planning, administration and coordination of the community development functions of the city. The director of' community development shall perform the duties described in the job description for that position, and as described in Section 350:505 of the Code and any additional duties assigned by the manager. 205.16. Park department. The park director is responsible to the city manager for the organization, planning, administration and coordination of the recreation services of the city. The park director shall perform the duties described in the job description for that position and any additional duties assigned by the city manager. 205.17. Finance Department. The finance director is responsible to the city manager for the' organization, planning, administration and coordination of the finance activities of the city. The finance director shall perform the duties described in the job description for that position and any additional duties assigned by the city manager. JBD-196280vl Mb'2~O-2 -8842- BO zoNING CODE 350.505. ,Administr~.on :of Zoning Code. The Director of Community Development shall be resPonSible for the administration and enforcement of thiS .code, and the implementatiQn and enforCement of the Comprehensive Plan..The Director'of Community DeveloPment shall cr~e and maintain such systems of records and files and establish such administrative procedures as are necessary to promote the efficient administration and enforCement of this code and the Comprehensive Plan. The Director of Community Development may designate additional persons as may be nece.~ary or convenient to administer and enforce this code. Any person aggrieved by any procedure or decision of the Director of Community DevelOpment may apPeal to the BOard .of AdjUstments and Appeals. In addition to the foregoing, the Director' of Community DeveloPment or individuals acting under that person's direction shall have the following responsibilities. Subd. 1 Issue occupancy, building and other permits and make and maintain records Subd. 2. Conduct inspections of buildings and use of land to determine compliance with the terms of this Code. Subd. 3. Maintain permanent and current records of this Code, including but not limited to: all maps, amendmentS, and special uses, variances, appeals and applications therefore. Subd. 4. Receive, file, and forward all applications for appeals, variances, special uses or other matters to the designated official bodies. SUbd. 5. Institute in the name of the City, any appropriate actions of proceedings against a violator of this code or appliCable statute. Subd. 6. Serve as ex-officio non-voting member of the Planning Commissior~ JBD-19~2g0vl MU220-2 -8843- e- · -8844- THIS PAGE IS INTENTIONALLY LEFT BLANK -8845- PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: August 5, 2001 SUBJECT: Street Vacation Request APPLICANT: Jonathan Paul - 4679 Wilshire Blvd. CASE NUMBER: 01-21 - supplemental report HKG FILE NUMBER: 01-05 LOCATION: 4679 Wilshire Blvd. ZONING: Residential District R- lA COMPREHENSIVE PLAN: Residential BACKGROUND: This item was previously tabled by the Planning Commission at their August 6th meeting until Staff had time to further review of the case with affected parties and outside agencies. Subsequently, the City Council, anticipating a Plamfing Commission recommendation, opened the public hearing at the August 14th City Council meeting and continued the hearing to September 11th. Staff has meet with the applicant, Jonathan Paul and the adjacent neighbor Jeff Paul who is directly affected by the request a few weeks ago. The intent of the meeting was to discuss the details of how to accommodate the request, access issues to the Jeff Paul parcel and address policy issues with adjacent City property. Additionally, Staff has visited the site with Hennepin County to review fl~e potential for additional access points on this County Road. To briefly recap the request, John Paul is requesting the following two items of the City: 1. Vacate that portion of Kells Lane located between Lots 24 and 25, Seton, Block 24. 2. The City sell him lot 6. DISCUSSION: As has been discussed in previous Planning Reports, this case is complicated because it almost cannot be determined on solely on any single issue. In addressing the need of the right-of-way to serve the public good, there is reason to continue to provide access to the Jeff Paul property. The question is in what manner can access be provided if Kells Lane is vacated and no longer provides a means of public access. Staff has developed a number of alternatives to work with the premise that Kells Lane should be vacated. They are as follows: 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 2 #01-21 Kells Lane Vacation Request August 5, 2001 Existing ownership and conditions: 123 North Third Street, Suite 100, Minneapolis, Miqnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 3 tiOI-21 Kells Lane Vacation Request August .5, 2001 Option · Kells Lane is vacated as requested with an additional amount of area to the east lot line of City owned lot 6. · Essentially provides John Paul with his initial request minus a small amount of land on the east side lot 6. Gravel parking area would be within the new property. · Affords Jeff Paul full ownership and access rights. · City would need to sell all of lot 6. · Additional vacation proceedings are needed for that portion adjacent to Jeff Paul's lot 26. · Preserves most of the City owned property and doesn't interfere with the trail. · Reasonable approach to satisfying all parties desires. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 4 #01-21 Kells Lane Vacation Request August .5, 2001 Option/42 · Kells Lane is vacated as requested plus additional land to the point of intersection with the OHW to preserve public shoreline lineal frontage. · Provides John Paul and Jeff Paul with the most ownership and access rights of the 4 options. City would need to sell all of lot 5 and 6. · Additional vacation proceedings are needed for that portion adjacent to Jeff Paul's lot 26 and 27. · City's trail is compromised at the trail head on lot 5. An easement would need to be secured from JeffPaul. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 5 #01-21 Idells Lane Vacation Request August 5, 2001 Option #3 Kells Lane is vacated as requested but City does not sell any of its land. An access easement would need to be provided to Jeff Paul in order to provide access to his property that would be cut off from contiguous public access. Provides the "easy" and "low cost" alternative but does not grant John Paul his full request. This option would allow the front yard to conform but would still leave the berm and gravel parking on City property. City could enter into an agreement with John Paul to allow the improvements to remain. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 6 # 01-21 ](ells Lane Vacation Request August 5, 2001 Option #4 This option resembles John Paul's request to vacate Kells Lane adjacent to his property and have the City sell lot 6 to him. Jeff Paul's property rights would need to be protected with an easement to provide access to a now land locked parcel. An easement could be provided on John Paul's land or on City land. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 7 #01-21 Kells Lane I/acation Request August 5, 2001 Any of the above options are acceptable ways to allow the vacation request to be approved by the City without putting the it into a precarious situation concerning property rights and takings issues with landlocked parcels. It should be noted that of the 4 options presented, there are minor variations of each that could occur. An approval could take in any of those variations. You will note that in every scenario, the public shoreline has been left as right-of-Way to preserve the lineal frontage. Both John Paul and Jeff Paul are agreeable to Option #1 which was discussed during our Staff meeting with them. Recommendations from the Parks Commission and Docks and Commons Commission are probably most similar to Option #2. The Parks Commission also indicated that a Nature Conservation Area be designated on the City property. Ultimately, the preferred option reflects a policy decision by the City Council as to whether the City should sell public land. As is demonstrated in Option #3, the vacation could occur without the sale of public land. If the City is unwilling to sell portions of its land or grant an easement over it to provide access to the Jeff Paul property, Staff would recommend the vacation be denied. An alternative that hasn't been discussed as an option, is to approve John Paul's vacation request and possible sale of land then purchase Jeff Paul's property. This would eliminate any property rights or takings issues. Staff would defer any comments on this until each party had time to approach the issue. If the City Council approves one of the options which requires the sale of land, a number of events will need to occur including a survey of all properties involved, transfer of title, etc. The City or a mutually acceptable company could handle the necessary survey work and documentation. Additionally, City staff suggests that the issue relative to who pays for the various costs that have been incurred by the City must be addressed with the applicant and/or other benefiting parties. In any event, Staff would not recommend the City incur the expenses as they could be costly. As the City Council is aware, the proposed street vacation application from John Paul does not reference the vacation of any property located immediately east of the subject property which is owned by Jeff and Pam Paul. In the event that the scope of the proposed street vacation changes from what was originally proposed, it is possible that the City will need to go through the public hearing process pursuant to state statutes an additional time. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 8 #01-21 Kells Lane Vacation Request ~lugust 5, 2001 City staff also wishes to inform members of the City Council that the neighbor located immediately west of the John Paul property has contacted City staff and may have interest in possible vacation of the street right-of-way in front of their property. RECOMMENDATION: Staff recommends the presented and make a recommendation to Council. Planning Commission consid..er the options 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 PLANNING REPORT Hoisington Koeglcr Group Inc. ................... TOi Mo~d-C-6~°fl; P-I~i~ C~O~ission and Staff FROM: Loren Gordon, AICP DATE: August 5, 2001 SUBJECT: Street Vacation Request APPLICANT: Jonathan Paul - 4679 Wilshire Blvd. CASE NUMBER: 01-21 - supplemental report HKG FILE NUMBER: 01-05 LOCATION: 4679 Wilshire Blvd. ZONING: Residential District R- lA COMPREHENSIVE PLAN: Residential BACKGROUND: This item was previously meeting mufti Staff had time to Subsequently, the City Council, hearing at the August 14' City Commission at their August 6t~ affected parties and outside agencies. Commission recommendation, opened the public hearing to September 11%. Staff has meet with the affected by the request accommodate the City property. additional access this the adjacent neighbor Jeff Paul who is directly The intent of the meeting was to discuss the details of how to .the Jeff Paul parcel and address policy issues with adjacent the site with Hennepin County to review the potential for Road. To briefly recap the re, Paul is requesting the following two items of the City: 1. Vacate that portion of Kelis Lane located between Lots 24 and 25, Seton, Block 24. 2. The City sell him lot 6. DISCUSSION: As has been discussed in previous Planning Reports, this case is complicated because it almost cannot be determined on solely on any single issue. In addressing the need of the right-of-way to serve the public good, there is reason to continue to provide access to the Jeff Paul property. The question is in what manner can access be provided if Kells Lane is vacated and no longer provides a means of public access. Staff has developed a number of alternatives to work with the premise that Kells Lane should be vacated. They are as follows: 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax(612) 338-6838 -8846- p. 2 gO1-21 Kells Lane Vacation Request August 5, 2001 Existing ownership and conditions: 123 North Third Street, Suite 100, Minneapolis, Miauesota 55401 (612) 338-0800 Fax (612) 338-6838 -8847- p, 3 gO1-21 K¢lls Lane Vacation Request August 5, 2001 Option #1 i I i , · Kells Lane is with an additional amount of area to the east lot line of City owned lot 6. · Essentially provides Paul with his initial request minus a small amount of land on the east side lot 6. Gravel parking area would be within the new property. * Affords JeffPaul full ownership and access rights. · City would need to sell all of lot 6. · Additional vacation proceedings are needed for that portion adjacent to JeffPaul's lot 26. * Preserves most of the City owned property and doesn't interfere with the trail. , Reasonable approach to satisfying all parties desires. 123 North Third Stxeet, Suite 100, Minneapohs, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -8848- p. 4 t401-21 Kells Lane Vacation Request August 5, 2001 Optioa #2 \ · Kells Lane is ~ plus additional land to the point of intersection with the OI-IW to lineal frontage. · Provides John Paul with the most ownership and access rights of the 4 options. · City would need to sell all of lot 5 and 6. · Additional vacation proceedings are needed for that portion adjacent to SeffPaul's lot 26 and 27. · City's trail is compromised at the trail head on lot 5. An easement would need to be secured from Jeff Paul 123 North Third Street, Suite 100, Minueapolis; Mianesota 55401 (612) 338-0800 Fax (612) 338-6838 -8849- p. 5 ~01-21 Kells Lane Vacation Request August 5, 2001 Option #3 \ \ \ Kells Lane is uested but City does not sell any of its land. An access need to be provided to Jeff Paul in order to provide access to his property that would be cut off from contiguous public access. Provides the "easy" and "low cost" alternative but does not grant John Paul his full request. This option would allow the front yard to conform but would still leave the berm and gravel parking on City property. City could enter into an agreement with John Paul to allow the improvements to remain. 123 North Third Street, Suite 100, Minneapolis, Mimesota 55401 (612) 338-0800 Fax(612) 338-6838 -8850- p. 6 #01-21 Kells Lane Vacation Request August 5, 2001 Option g4 f · i ~ Ix, % This option Paul's request to vacate Kells Lane adjacent to his property and have the City sell lot 6 to him. JeffPaul's property fights would need to be protected with an easement to provide access to a now land locked parcel. An easement could be provided on John Paul's laud or on City land. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -8851 - p. 7 ~01-21 Kells Lane Vacation Request August 5, 2001 Any of thc above options are acceptable ways to allow the vacation request to be approved by the City without putting the it into a precarious situation concerning property rights and takings issues with landlocked parcels. It should be noted that of the 4 options presented, there are minor variations of each that could occur. An approval could take in any of those variations. You will note that in every scenario, the public shoreline has been lef~ as right-of-way to preserve the lineal frontage. Both John Paul and Jeff Paul are agreeable to Option ' ~'~' ' #1 whi~ discussed during our Staff meeting with them. ~i:iiiI!~:.. 5'.":..::t::!}~ .... '::~i~.~ Recommendations from the Parks Commission and b and '~ons Commission are probably most similar to Option #2. The ' ' alsr~/f~icated that a Nature Conservation Area be designated on the City Ultimately, the preferred option reflects a City should sell public land. As is the sale of public land. If the City is over it to provide access to the den/ed. the City Council as to whether the the vacation could occur without of its land or grant an easement would recommend the vacation be An alternative that hasn't and possible sale of fights or takings is approach the is is to approve John Paul's vacation request Jeff Paul's property. This would eliminate any property ffer any comments on this until each party had time to If the City Council of the options which requires the sale of land, a number of events will need to a survey of all properties involved, transfer of title, etc. Staff would suggest that those . be bom by the property owners involved so the City is reimbursed for their expenditures. The City or a mutually acceptable company could handle the necessary survey work and documentation. In any event, Staff would not recommend the City incur the expenses as they will be costly. RECOMMENDATION: Staff recommends the Planning Commission consider the options presented and make a recommendation to Council. 123 North Third Slxeet, Suite 100, Minneapolis, Mianesota 55401 (612) 338-0800 Fax (612) 338-6838 -8852- PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: June 13, 2001 SUBJECT: Street Vacation Request APPLICANT: Jonathan Paul - 4679 Wilshire Blvd. CASE NUMBER: 01-21 HKG FILE NUMBER: 01-05 LOCATION: 4679 Wilshire Blvd. ZONING: Residential District K-lA COMPREHENSIVE PLAN: Residential BACKGROUND: Jonathan Paul, applicant and property owner at 4679 Wilshire Blvd., has submitted a request for the following: 1. Vacate that portion of Kells Lane located between Lots 24 and 25, Seton, Block 24. 2. City release its adjacent Lot 6. Kells Lane is a "paper street" that extends east from Wilshire Blvd. to Avalon Channel. It is 33 feet in width and has no public road improvements. There are 4 privately held parcels on the north side of Kells Lane. The applicant owns the parcel Containing lots 24 and 25. Lots 26, 27, and 28 are held as separate parcels and are all owned by Jeffery Paul. Only portions one, lot 26, appear to be above the OHW. Kells Lane provides the only public access to these parcels. The City owns parcel 207 which contains lots 1-6 on the south side of Kells Lane. There is a City owned dock located approximately on lot 2. Access to the dock is provided by an unimproved path which begins somewhere on lot 5. Comments from the Parks Director are needed to evaluate the implications of this proposal on the dock as well as City property. Kells Lane and lot 6 of the City's land is essentially the front yard applicant property. The driveway crosses over Kells Lane and connects to Wilshire Blvd. There is also a gravel parking area located on lot 6 of the City's property. 123 North Third Street, Suite t00, Minneapolis, Minnesota 55401 (612) 338-0800 -Fax (612) 338-6838 -8853- gO1-21 Kells Lane Vacation Request June 13, 2001 The City Attorney's memorandum indicates that in the event of a vacation, the full 33 feet of Kells Lane would attach to the adjacent property on the north side. None of the right-of-way would attach to the City's land. DISCUSSION: Although the vacation of Kells Lane would provide the applicant w'ith relief to nonconforming front yard setbacks and use of the land, there are many other issues at play the City needs to consider. The applicant seems to recognize the need to provide access to his neighbor through his request to acquire the City land and provide some type of access. Staffwould agree that access to these parcels needs to be secured in a right-of-way or some form of easement to prevent them from being land locked. If land locked, the property owner could file claim against the City for an action that limits property use. The May 30, 2001 letter from Jeffery Paul's attorney indicates that he objects to the proposal unless he is compensated for a talcing or access and parking are provided. If the vacation, is approved, it appears there are a number of options that will also need to be looked at and acted upon. Assuming a vacation is approved one or more of the following will be necessary: 1. Purchase of lots 26, 27, and 28 by the City to allehate a potential takings claim. 2. The applicant acquires and consolidates lots 26, 27, and 28 with his property. 3. City releases Portions of lot 6 to the applicant to be combined with his property. 4. City revises the vacation request to vacate all of Kells Lane and releases lot 5 and lot 6 to the adjacent owners to be combined into new properties. Lots 27 and 28 would need further review to address their status. 5. City not release lot 5 or lot 6 or vacate any additional portion of Kells Lane but provide some form of easement over the land to guarantee access to lot 26. It should be noted that only options 3 and 4 would provide the applicant with a parcel that would be in conformance with lot and structure zoning requirements. If the City/applicant is not willing to entertain 1 of the 5 options above, then there would appear to be no choice but to deny the vacation request on the basis that public access to lot 26 is not provided. RECOMMENDATION: Staff recommends the Planning Commission consider the options for approval or denial as stated above and make a recommendation to Council. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -8854- Engineering · Planning · Surveying MEMORANDUM DATE: June 13, 2001 TO: Jon Sutherland, Planning and Zoning FROM: John Cameron, City Engineer SUBJECT: City of Mound Kells Road Street Vacation Case #01-21 MFRA #13327 As requested, we have reviewed the application to vacate a section of Kells Road and have the following comments and recommendations. Comments The right-of-way proposed for vacation does not contain an improved street maintained by the City; however it does provide, on paper, access to privately owned property (Lots 26, 27, and 28, Block 31, Seton). Vacation of Kells Road would eliminate access to Lots 26, 27, and 28 via a public right-of-way. The only City utilities that would be affected by the proposed vacation would be the area around the existing hydrant and water service valve, both of which are shown on the survey. If the street vacation is approved, a utility easement must be reserved over the west ten feet of the proposed vacation. The City of Mound owns all'of Lot 1 through 6, Block 1, Wychwood; however the County Road encroaches onto the southerly portion with no easement or agreement of record. See John Deans' letter of June 8, 2001. -8855- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-ma#: mira@mira.corn )on 9utherland, Planning and Zordng June 13, 2001 Page 2 I am assuming that the gravel parking area located on City property (Lot 6) was installed and currently used without permits or permission of either the City or Hennepin County. If Lot 6 were sold to the applicant as suggested in his letter and an easement provided For the owner of Lots 26, 27, and 28, a driveway permit would need to be acquired from Hermepin County. The grade of the City property starts dropping dramatically towards the north, close to the lot line between Lots 5 and 6. The County guard.rail appears to start about the center of Lot 5 and runs easterly. See Attachments. The City should review the intended use of the City owned property and fight-of-way of Kells Road .as it relates to their dock program and park use. Recommendations 1. This section of Kells Road should not be vacated unless all the following conditions are met: Access is provided for Lots 26, 27, and 28, Block 31, Seton; The Parks Department; Park Commission, and the Dock and Commons Commission recommend approval; It can be shown that the existing right-of-way has no public benefit. 2. If the street is vacated, a utility easement must be retained over the westerly ten feet. cc: Loren Gordon, HKGI s:h'rain:~Vlou 13327:\Co~respondenesuthertand6-12 -8856- ¢~ % .% i,~! I .-3 Z69~ -8858- H A 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 357-9300 telephone (612) ~57-9Si0 fax http://www, kennedy-graven.eom lune 8, 2001 To: From: Subject: John Cameron and Loren Gordon lohn Dean .Request to vacate Ketl Road, and implications to city proper~). The ..city h~ re...:ved a request to vacate.'a po~on of Kelts Ko.ad ~3/ing north of Block. i, Wychwood. During our discussion of the matter earlier in the week it was decided that I should review the title to the property in Block 1 and determine what easements, if any, have been given for the roadway realign.ments that have taken place over the years. All of Block 1 is Torrens. The title is shown on Certificate No. 529895. (Copy attached) The only portion of the Block that is not owned by the city is the portion 0fLot 1 that was dedicated as road in the plat of Avalon. That area is depicted in the print of the block that I have also attached. The only other instruments of record are temporary and permanent easements ruaning'in favor of the city that were granted before the city came into title~. I have.also attached a cOpy of the easement document. An examination of the plat for Wychwood shows .that Block 1 forms, the north bouudary of the plat. Kells Road is dedicated in the Seton plat. Although further examination of old records may indicate a different result, it is very likely that none of the land under Kells Road will a~ach to Block 1 (the city land) in the event of a vacation. Stated differently, all of the laud in the vacated Kells Road will probably attach to the lots in Seton on the north side of the road. JBD-tgs697vl MU220-5 -8859- -8860- Application for 'STREET / EASEMENT VACATION City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 RECEIVED M ~¥. ~' 0 2001 Planning Commission Date: ~"/'/" ~ /" Case No.' / city Planner 5/~0/~)/ NS.P City Engineer _...~ ,dT,.~ ' / Police Dept. ' GTE Public Works ~/ / ~~'. O~er ~ Please type or print the following information: APPLICANT Name Adjacent Addr~s ~JACENT PROPER~ Name of Busings (~PUCA~S PROPERS) Lot ' SubdMsi~ PI~ ZONING Cimle: R-1 R-lA R-2 R-3 ~1 B-2 B-3 DISTRICT OF STREET TO BE VACATED FOR REQUEST IS THERE A PUBLIC NEED FOR ~IS ~ND? Print Applicant's Name Apl~cant's Signature Date Print Applicant's Name Applicant's Signature · -8861 - Date PAID ciTY OF MOUND May 1,2001 Re: Application for Street Vacation'of Kells Lane in relation to Lots 24 & 25, Block 24, Seton addition, l~roperty ID 19-117-23 23 0067 My name is Jonathan Paul and I live at 4679 Wilshire Boulevard. I have been living at this location since June of my property. Please find the following enclosures: 1) Ten (10) copies of a new survey of my property (dated 07119/00 - Schoel & Madson Surveyors per Dick 2) Two (2) sets of certified listings and labels of property owners within 350 feet of my property. 3) One (1) check made out to the City of Mound for $250.00 Please note that the survery includes the location of.the area proposed to be vacated which was determined by extending the western property line of lot 24 and the eastern property line of lot 25. The survey also shows all abutin,q lots to the proposed vacation. The names, addressess and property ID's these homeowners are as~ollows: Adam and Darcy Worley 4685 VVilshire Blvd ID 19-117-23 23 0066 · Margaret Bargman 4691 VVilshire Blvd ID 19-117-23 23 0065 Michael Louden 4697 Wilshire Blvd ID 19-117-23 23 0064 Jeff Paul 4213 Merfiam Road (Minnetonka) ID 19-117-23 23 0069 The survey also includes the location of existinq structures and driveways on my property. In addition, .e. asements and underqround utilities are referenced. I believe that there is .no public need for the development of this street. The City of Mound owns (through tax forfeiture) all of the Wychwood lots (1-6) to the east of my property. These lots are currently undeveiop.ed and provide a wooded, natural area that is enjoyed year round by our neighborhood community. In a Dock & Commons Advisory Commission meeting held 3/19/98, a proposal to develop these lots for a use as a public dock was discussed and consequently defeated. There is a small, undeveloped, triangular lot that is owned by Jeff Paul (Lot 26, Block 24 Seton addition) which is bordered by my eastern property line (Lot 25 Seton), Kells Lane and the channel. Mr. Paul will require access to his property as a direct consequence of this proposed vacation. To address the access issue Mr. Paul would have to his property, I am suggesting the following for your consideration: As a direct consequence of this Street Vacation request, I am hopeful that the City of Mound will sell to me the irregular shaped piece of property directly south of Kells Lane (Lot 6, Block 1, Wychwood addition, Property ID 19- 117-23 32 0207). The sale of this property would allow me to provide access to Mr. Paul along the eastern edge of Lot 6 (Wynchwood), through Kells Lane and on to his property (Lot 26 Seton). Please note the yellow highlighted section on the survey. This is the proposed line of access that could be provided to Mr. 'Paul. The safe of this property would also complete my g0al of owning the land that I and all previous owners have maintained as a front yard. The goal of this request is no._.~t to aquire addi(~nal property beyond the natural, wooded line of my maintained y~,rd as it is today. -' In closing, please allow me to point out some obvious dimensions that cause me great concern regarding Kells Lane and my property: Kells Lane currently resides within 16 inches of the foundation of my home. Approximatley % of my paved ddveway resides in Kells Lane. Approximately % of my cement sidewalk resides in Kells Lane. Please feel free to visit my property and view the real-life situation for yourselves. Thank you for the opportunity to present my situation. -8862- CITY OF MOUND 5341 k.4AYWOOD ROAD MOUE/D, MN 55364-1687 PH: (9,52) 472-0600 FAX: (~52) 472-0620 WEB: 'www. cityofmound.com TO: FROM: DATE: RE: Reliant Excel Energy Citizen's Department of Natural Resources Hennepin County DOT Jill Noflander, Secretary Mound Planning and Inspections May 7, 2001 Plan Review - Street Vacation - Kells Lane RECEtVE~' MAY 1 8 ~001 Please review the enclosed easement vacation application and submit your comments as soon as possible. If you require additional information please call me at 952-472-0607. Thank you. Reliant Energy Minnegasco has no facilities within the above-described area and has no objection to its vacation. Thank you for the advance notice. Right.of-Way Administrator Reliant Energy Minnegasco >. -8864- 09/06/2001 13:39 F.~ 651 490 2150 SEH ST, PAUL ~ 001/024 3535 Vadnais Canter Drive, $t. PauL. UN 55110-~19~ FAX TRANSMITTAL 651.490.2000 900.325.2055 851.490,2150 FAX [] FIEI.D OFFICE: [] URGENT ,4't-rENTtOtV: Kandis Hanson - City Administrator CO~ORGANIZATION: City of Mound DA TE: PROM: SEH FILE NO: TOTAL PAGES: September 7,200I Nancy Schultz A-MONCI0201.00 14 24 fln~u~ng cover sheet) FAXNO: · 952.472.0620 TEt. EPt-tON~: 952,472,0500 SUaJECT: _ProPosed Owner Architect AFmem,nt REMARKS: Kandis, Here is our proposed AIA document B 151 Owner Architect AgT~menc Please feel fro, to contact Nancy Schultz directly at 651.490.2087 with any questions or edits. TI'tank You, Sara Samargia W'e ~re [] Sending o~ginal by mail [] Sanding by FAX on~y [] Sending as requested For your fi~! Informatiorv~ecord$ [] Raview and cornment [] Approval [] Actio~ [] Distribution [] Revision and resul~mitfal ff tmnsmis$ioO was not reealved properly, please 'oo~ltae! fha sander at the phone t~umber above WE REQUEST A RESPONSE FROM YOU BY; Shorl Eliio[t Hen~lrtcl(so~ Inc, -8865- Equa! Opportunity Employer 1997 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 6t__~h day of~ptember in the ~'ear 20_0000000000000000~_ . (la w~t, indi~te da)', month and 2~sr) BETWEEN the Architect's client identified as ~he O,,,mer: Mound. MN 5~6~-1627 and the Architect: f.~lama, addtest and o~er ial'onnal~on) Butler gquam. Du~Idins. ~uite 73_0~ 100 N0~h 6t~ Street Ml~ne~oolls. MN 55403-1505 For ~ foUo~g Proje~ f~c/ude deld/~ d~don of Pmj~) ~e Exhlb~s A & B THIS DOCUMENT HAS IMPORTANT CONSEOUENCES. CONSULTATION W1TH AN ATTORNEY IS ENCOUFb~GED WITH RF.~PECT TO ITS COMPLETION OR MODIFICATION. AUTH~NTICA 't'ION OF THIS ELECTRONICALLY D~TED AIA DOCUMENT MAY BE ~ADE 8Y U$1NG AIA DOCUMENT The O~tner and Architect agree as follows. ARTICLE I ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 5 and 1,2 The Architect's services shall be performed as expeditiously as is consistent with professiona, l skill ~nd care and the orderly progress of the Project. The Architect shall submit for the Ow'act s approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for perio& of time required for the Owner's review and for approval of submissions by authorities having ju "nsdlction over the Project, Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 1,4 The services covered by this Agreement ,am subject to the time limitations contained ha Subparagraph ~.~.~. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 01997 AIA~ AIA DOCUMENT B]5~-1997 ABBREVIATED OWNER-ARCHITECT AOREEMENT The American Institute of Architects 2.1 DEFINITION 175s New York Avenue, N.W. The Architect's Basic Services consist of those described ha Paragraphs 2.2 through z.6 and any Washington, D.C. 2000~-5292 other services identified in Article 12 as part of Basic Services, and include normal structural, ~lvll. mechanical and electrical engineering services. -¢~1974, 1978, 1977, 1987, © 199Tby The American Institute or Arcl~itects. Reproduction ot the material here~n' or substantial quotation of iTS provisions without written permission of fha AIA violams the copyright laws of the United 5tates and will subject the vloJator to legal prosecution, WARNING: Unlicensed photocopying violates U,S. copyright I~s and witl subject the violator to lesal pros~ution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license wlthout violation until the date o~ expiration as noted below, expiration as noted below. User Document: bl~loamoundg-6-Ol,a[a -- 9~]. AIA License Number i~1~0~, which ~pires on ~. -8866- I~efore each of the chases described in oaragraohs 2.2 throu0h 2.6. the Architect will st~b~it a written reouest for aDoroval to oroceed to the_Eext Dhase _of_the Dfc!act. atono with necessary drawinas and other relatedd_ocurn_ents rea_uired by the Owner in order to as.~esS the Droiect's status, Erolections of orobable co. st will be provided by the Archite~t. The Architect will n,ot nroced until wfitten.aporovat has been qi:.anted by .1;he Owner. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 TEe Arcl,Jtect sh~ review the program furnished by the Owner to ascezl, ain the requirements of the Project and shall arrive at a mutual understanding of such requirements wiih the Owner. rill5 DOCUMENT HA5 IMPORTANT LEGAL 2.2.2 The Arclfitect sh~ provide a pre]iminaW eYaluation of the Owner's program, schedule CONSEOUENCEs, CONSULTATION WiTH AN and constructioz~ budget requirements, each hi terms of the other, subject to the Limitations set ATTORNEY I$ ENC, OURAC~.D WiTH RESPECT forth ia Subparagraph 5.~. TO IT~ COMPLETION OR MODIFICATION. AUTHENTICATION OF Tl~$ ELECTRONtCAU. Y 2.2.3 The Architect shall review with the Owner a[Lemative approaches to design and DRAFTED AIA DOCUMENT MAY BE MADE JY USINO AIA DOCUIVlENT D40L construction oJ' the Project. 2.2.4 Based on the muLually agreed-upon program, schedule and consLruction budget ~equirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consi,vLing of drawings and other documents illustrating the scale and relationship of' Project ¢ompon.ents 2.2,5 The Architect shall submit to the Owner a preliminary estimate of Consh'uction Cost based on current area, volume or similar cor~ceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adju.vLments authorized by the Owner in the program, schedule or construcLion budget, the Architect shat[ prepare, t'or approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of an), adjustments to the preliminary estimate of Construction Cost. 2,4 CONSTRUCTION DOCUMENTS PHASE .--... 2.4.1 Based on the approved Dcsign Development Documents and any further adjustments ~l/ld~ in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval b)' the Owner, Construction Documents consisting of Drawings and Specifications sailing forth in detail the requirements for the construction of the Project. ~ ~.4.2 The ArchkecL shall assist the Owner in the preparation of the necessary bidding e~r~ ^~^~ in£ormation, bidding forms, the Conditions oF the Contract, and the ~orm of Agreemcn~ A~A DOCU~ B151-1997 beLween the Owner and Contractor. ASBREVIATED OWNER-ARCHITECT ACiRgEMgNT 2.4.3 The ~rchitect shall adze ~e Owner of any adjustments to previous preiiminaw est/mates of Construction Cost ~cLicated by changes in requirements or general market The American Institute of Architeos 1735 Ne~ York Avenue, N.W. conditions, washington, D.C, 20006-$292 2.4,4 The Architect shall assist the Owner in connection with the Owner's responsibLlit¥ for filing documents requir~ [or the approval of governmental authorities having jurisdiction over the Project. ~opyright 1974, 19~8, 1977, 1987, O-lg~7 Joy The American Institute of Architects, ReprodUction of th~ material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,$, copyright la,es and will subject the violator to legal prosecution. This document was electronically produced with permission o~ The AIA and can be reproduced in accordance with your license without violation until the date of e[pirafion as noted below. User Document': blSloamoundg-6- OLala -- ~'7/2001. AIA License Number 100~903, which expires on 2/28/2002, 2 -8867- 2,5 BIDDING OR NEGOTIATION PHASE The Architect, Following the Owner's approval of the Construction DocumenLs and of the latest preliminary estimate of Construction Cost, shall a.~sist the Owner in obtainiaxg bids or negotiated proposak ~nd a~sisl in awarding and preparing conLracts for eonsLrucfion. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The AxchitecL's tesponsibikit¥ to provide B~si¢ Sc~ice~ for ~e Commotion ?h~e under ~is ~ement commenc~ ~ ~e awgd of ~e inifi~ Con.ct for Comtruction ~d te~ates at the earBer of~e ~u~ to the ~er o~e ~al Ce~fi~te for P~ent or ~o da~ aher ~e d~te of Substanfi~ ~mple~on o~the Work. 2.6.2 The Architect shall provide adrn~fistration of the Contract for Construction as set forth below and in the edition of AIA Document Aa. ox, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless other~rlse prox4ded in this Agreement- Modifications made to the Gene~ Conditions, when adopted as part of thc Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph z.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably v,-ithheld, 2,6,4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration o~ the Contract for Construction. The Architect shall have authority to act on behalf of thc Owner only to the extent provided in this Agreement unless other~se modified by' written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as other~rise agreed by the Owner and file Architect in Axficle 12, (~) to become generally &miller with and to keep the Owner informed ~bout the progress and quality of the portion of the Work completed, (:) to endeavor to guard the Owner againsi defects and deficiencies in the Work. and (~) to determine ia §ener~l if the Work is being performed in a manner indicating that the Work, when fully completed, ~ be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity o£ the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since Qlese are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6,6 The Arcltitect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, fl~e Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be r~ponsible for the Architect's negligent acts or omisdons, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or ~heir agents or employees, or of any other persons or entities performing portions of the Work 2.6.7 The ArcMtect shall at all times have access to the Work ~herever it is Ln preparation or progress, 2.6.8 Fatcept as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor Copyright 1914, 1glf~-Ig77, 1987, tD 1997 Dy l~e Arn~cafi INstitute ot Archile~s, Reproaucfi6n' ot me material herein or substantial quotation of its provisions without written permission o[ the AIA violates the copyright laws of ~he United Stales and will subje~ ~he vlolator to legal prosecution, WARNING: Unlkensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This d~ument was eleclronlca[ly produced with pe~isslon of the AIA and can be reproduced in accordance wi~h your license without violation until the date of expiration as no~ed below. User Document: b151oamoundg-6- 01.aia - 9ff/2~1, AIA License Number 1~1903, which expires on 2~8~2. 3 TI-ES DOCUMENT HA~ IMPORTANT I~GAL CONS£OUENCF_.S. CONSULTATION ~TH A~O~ I$ ENCOU~D ~TH R~PE~ TO ITS CO~TION ~ ~FICA~ON. AUTO.ICA ~ON OF T~S [~R~IC~L Y D~ED ~ DOCUMENT MAY B~ ~DE BY USING ~ DOCUME~ ~1~7 AI~ AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American InsTitute of Architects 1735 New York Avenue, N.W. Washington, D,C. 20OO6-5292 -8868- through the Architect about matters arising out of or relating to the Contract Documents. Communkations by and with the Architect's consultants shall be through the Architect. 2.6,9 cERTIFICATES FOR PAYMENT 2,6.9,1 The Architect shall review and certift the amounts due the Contractor and shall issue cetdfc~tes in such LmOUntS. 2.fi.9.2 The Architect's certification for paTment shall constitute a representation to the Owner, based on the Architect's evaluation, of the Work u provided in Subparagraph z6.5 and on the data comprising the Contractors Application ~or PaT~nent, that the Work has progressed to the point indicated and that, to the best o[ the Architect's knowledge, in[om'iai.ion and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (i) to an evaluation of the Work for c°n£ormance with the Contract Documents upon Substantial Completion, Cz) to results of subsequent tests and inspections, (3) to correction of minor deviations from the ConUacL Documents prior to completion, and (4) to spedfic qualifications expressed by the Architect 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (z) review=d constnacLion means, methods, techniques, sequences or procedures. (~) reviewed copies of requ:isitions received from Suhc. ontradors an,d material suppliers a~ld other data requested by the Owner to substantiate the Contractor s right to payment, or (4) ascertained how or for what purpose the Gontractor has used money previously paid on~ccount of the-Contract Sum; THIS DOCUMENT HA~ IMPORTANT LEGAL CON~£OUENC£$, CONSULTATION WITH AN ATTORNEY tS ENCOURAdED WITH R~PECT TO ITS COMPLETION OR MODIFICATION. AUTH~NTICA ~ION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY B£ MRD£ BY USING AIA DOCUMENT D40L 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to requize inspection or testing of the Work in accordance with the provisions of the Gontract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authoriLy shall give zise to a duty or responsibility of the ArchiLecL to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concepL expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Ow'net, Gontractor or separate contractors, while allowing sufficient time in the ArchitecL's professional judgment to permit adequate review, Review of such ,submittals is not conducted Cot the purpose of determining the accuracy and completeness of other details such as dimensi0m and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval o[safety precautions or, u. nless otherwise specifically stated by the Azchitoct, of any constmcLion means, methods, tecJmiques, sequences or procedures. The Architect's approv~ ota specific item shall noL indicate approval o[an assembly ofwkich the item is a component. 2.6,12 If professional design services or cerLificatiom by a design professional related to systelns, materials or equipment are spedfically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed ?,r certified by the design professional retained by the Contractor shall bear such professional s written approval when submitted.to the Arc_h!tecL. The Archit_ect shall be entitled to rely upon the adequacy, accuracy and completeness ol the services, certiracations or approvals performed by such ~lesign professionals, O1~g7 AIA~ AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American Institute oF Ar¢himcrs 1735 New York Avenue, N.W, Washington, D.C. 20006-5292 Copyright 1974, f975~-1977, l~B~/, © 1997 I~y The American Institute ot Archii'ects, Reproduction ut the material herein or sub~antial quotation of irs provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution, WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AIA and can be reproduced in accordance ~ith your license without violation until the date of expiration as noted below, User Document: blSloamoundg-6- Ol,aia -- ~ff/20ol. AIA License Number 1001903, which expires on 2/28/2002. 4 -8869- 2.6.13 The Architect shall prepare Chan§e Orders and Construction Change Directives, with supportini~ tlocumentatlon antl clara ~ clee, me~ llecessal~ by ~he At,c}tli. ect a.~ provided in Subparagraphs 3.u and 34.3, for the Owner s approval and execution In accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in lhe Contr-~t Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2,6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's r~'iew and records, wtltten warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a Rnal Certifacate for Payment based upon a Final inspection indicating the Work complies ~rith the requirements of the Contract Documents, 2,6,]5 The Architect shall interpret and decide lnatters concerning performance o£ the Owner and Contractor under, and requirements of, thy Contract Documents on ~ritten request of either the Owner or Contractor. The Architect s response to such requests shall be made in writing ~thin any time limits agreed upon or othervdse with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonab ,ly inferable from the Contract Documents and shall be in writing or in the form o~ drawings. When making such interpretations ~a~d initial decisions, the Architect shall endeavor ~o secure faithful performance by both Owner and Contractor, sh~ll not show partiality to either, and shall n~t be liable for results of iaLerp~tations or decision_s_ _s_o rendered in good faith. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION ttVlTH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OFf MODIHCATION. AUTFENTICATION OF TH~ ELECTRONICALLY E)RAFTEO AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40L 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on m~tters relating to aesthetic effect shaU be Kna[ if consistent with lhe intent expressed in the Contract Documents. 2.6.18 The ~.rchitect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph z6.~7, shall be subject to mediation and arbitration as provided in this Agreement ~nd in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3,1 GENERAL 3.1.1 The services described in this Article ~ am not included in B~sic Services unless so identified in Article u, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services, The services described under Paragraphs ~.2 and 3.4 shall only be provided it authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph ~.5 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such se~ices described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect, If the Ovaer indicates h~ writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 It more extensive r~presentation at the site than is described in Subparagraph 2.~.~ is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3,2,2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in ~'~rJg7 AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHIT£CT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D,C. 20006-52~2 Copyright 1974,1978, 1~77, 19~7, (~ 1997 by Tl~e American Institute of Arckitects. Repro0uctlon ot The material herein or substantial quotation of it's provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the A[A and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document; bl$1oamoundg-6- 01.aia - 9/7/2OO1. A[A License Number 1001903, which expires on 7../2B/2002. -8870- the edition of AIA Document B3~ current as of the date of this Agreement, unless otherwise a§teed. 3.2.3 Through Lhe presence at the site of such Project Representatives, the .architect shall endeavor to provide ~urther protection for t~e Ovmer against defects and deficiencies in the Work, but the fumislu'ng of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3,3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, speciicatlons or other documents when such revisions al-e: THIS DOCUMENT HA~ IMPORTAtVT LEGAL .1 inconsisL~t with approYds or ~structions pre~ous¥ given b7 the Owner, COI¢$EOUENC~S. CONSULTATION ~TH AN including revisions made necessary by adjustments h~ the Owner's program or ATTORN~I~;ENCOURAGED I/VITHP~$PF. CT Proiect budget: rD ITS COMPLETION OR IVtODIFICATION. AUTHENTICATION OF THIS £1FCTRONICALL Y .2 required by the enactment or revisioll of codes, |aws or regtdatiolls subsequent Lo ~rrEO ~/A Docur,~NT ~,~¥ ~E r,~D£ the prepazatinn of such documents; or aY U$1N~AIA DocuM£NT D40L .3 due to changes required as a resuh of the Owner's failure to tender decisions in a timely m-~ nner. 3.3,2 Providing services required because otsignificant chsnges in the Project including, but not ~lt~ t6, 'S~,~; ~ii~lily, ~-o~pl~xity, the Owiiet'~ schedule, or~e method of bidding ~ negotiating md contracting [or constmcLion, except for services required under Subparagraph 5.2-5. 3.3.3 ~epafing D~wLt~s, Spec~cations and other documentation and suppoUJng data, evaluating Contractors proposals, and providing olhet services in cormection WILb Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substiLutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting themfi'om. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing s~;rvlces required in connection with the replacement of such Work 3.3.6 Providing services made necessar/by the default of the Contractor, by' major defects or deficiencies in the Work of the Contractor, or by failure of per£ormance of either the Owner or Contractor under the ConUact for Construction. 3,3.7 Providing services in evaluating an extensive number of clahns submitted by the Contractor or others in connection with the Work. .3.8 Provid~g services La connection with a public hearing, a ~spute resolution proceed~g or a legal proceeding except where the Architect is party thereto. 3,3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to thc completion of the ConsLtucdon Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES AIA DOCUMENT B1S1-1997 A~,BREVIATED OWNER-ARCHiTECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C, 20006-5292 Copyru~l~t 1974, 1978, lg77, 1987, © 1997-by The American Institute of Architects, Reproduction ot the material herein or substantial quotetion of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopyin~ violates U.S. copyright Jaws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance ~uith your license without violation until the date of expiration as noted below. User Document: blSloamoundg-6. Ol.aia - g/'//2OOL AIA License Number ~001903, which expires on 2/28/2002. $ -8871- ...... ~ ........ TI.~S DOCUM£NT HAS I~PORTANT L£C, AI. ~ON$EOUENCES. CO~UL T A WON ~H AN A~ORN~ ENCOU~D WITH R~PECT ~ TO IT5 COMP~TION O~ MODIFI~TION. A~ICA ~ON OF T~S E~C~I~Y ~---~.,:~, ~ k~ ~r~.~ ABBREVIATED OWNER-~CHLTECT ~'"r ................. AGREEMENT 3.4.19 ~oH~g s~c~s o~ consuita~ [o~ o~e~ ~ ~c~te~u~L st~ctu~L mec~c~ CiVil, a~d e[e~ca~ e~g~eg~g po~om o[ thc ~roject prodded ~ · p~ o[ ~[c Se~ccs. T~e American i nsfitme of ~rchiTecTs ~735 New Yo~k Avenue, N.~. Washington, D,C, 2~6-52~2 3.4.21 ~pt for. ~c~its and fees which are ~e responsi~Tl~ ~f the Contra~or under the C~ntract Documents. the Owner_.sbaLse~re and Day for necessa~ Copyright 1974, 1g'/8~-1977, 1987, ~D 1997 by The American InSTitdt6 of Architects. Reproduction of the material herein or substantial quotation of its provisions wirhou! written permission of The AIA violates the copyright laws of The United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator fo legal prosecution, This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without vlo[ation until/he date of expiration as noted below. User 0ocument: blStoamoundg-6. 01.aia - 91712001. AtA License Number 1001903, which expires on 2/28/2002. 7 -8872- a_o_orovals, easements, assessments, and charges required for const[uctionLUse 'Or occuoancy_of oermanent structures or for Dermanen_t_chanqes in exlstin_o facilities. 3,4,~2_~ee Exhibit "A' for clarification of services to be provided under this a_meement. 3,4,~3 Un!ees otherwise orovided in Article _12. the Owner shall furnish test Irlsoecflons and reDo?ts rec!_uired_bv law or the Contract _Documents. such as ~structural. mechanical, and chemlcal_tests, tests for air and water oollution, and tests for hazardous materials. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements r~$ oocur4£~rr I-~ IMPOR?ANT L~GAI fo~ and Limitations on the Froject, including a written program which shall set fodt the CON~r=OU~NC~, CONSULTATIONWlTH,RN Owner's objectives, schedule, constraints and ctitez~a, including space requirements and ATTORNEY IS ~NCOURAGEDWTrHRESPECT relaLionships, flexibLtity, expanctability, special equipmenL, systems and site requkements. The re ?rs CO~'~T~ON oR C)~ner sh;,ll Eumish to the ArchiLect, wiLbJn t5 days user receipt o[ a ',~jtLen request, AU?~NTICATIONOFrHISi~rcraoNiCALLY information neces~ar/and relevant for the Architect to eva~uate, siva notice of or enforce lien DP. AFTiDA/A DOCUMENT MaY ~f rlghu, ar USING A~A DOCUH~rI' D40L 4.2 The Owner shaft establish al~d periodical17 update an overall budget fo~ the Proiect, including the Construction Cost, the Owner's other costs anct reasonable contingencies related to aLL of these coals. 4'3 The Owner shall designate a represent~tiye aULhOrJZed to act on the Owner's bellal£ · *'ith respect to the Project. The Owner or such designated representative shaLL render decisions in a timely manner pertaLaing to documents submitted by the Architect in order to avoid unreasonable delay tn the orderly and ~quentid progress of [he ArcbitecL's services. 4.4 The Owner shall ~umtsh surveys to describe physical characteristics, legal LLmita~ons and uLtlity locations for the site of the Project, and a written legal description oi the site. The surveys ~nd legal information shall include, as applicable, grades and Lines of streets, a]leys, pavements and adiotnin§ property and structures; adjacent al_raga§e; rights-of-way, rest~ctJons, easements, encroachments, zonin§, deed [~tfictions, boundaries and contours of the site; locations, dimensions and necessar/ data ~th respect to exLsLLug buildings, o~er improvements and trees: and information conce~ available utility services and lines, both pu[~ilc and private, above and below gr~cte, including inverts and depL~s. Ali the information on the survey shaU be referenced [o a Proied benchmad~ 4.5 The Owner shall furnish the services of geotechakal engineers when such sezYkes ate requested bt' the Architect. Such services ma)' include but are not limited to test borings, test pits, determLuations of soil bearing yalues, percolation tests, evaluaLions of hazardous materials, ~ g~ound corrosion tests aid resistivity tests, including necessaz7 operations tot an[icipatLn§ subsoil conditions, ~[th reports a.ad appropriate tecommendat, ions. ~_,.~.~. ,_.~,~, 4.6 The Owner shall ~umish the services of consultants other than those deslgnaLed in Paragraph 4.5 when such services are requested by' the Architect and are reasonably required by the scope aEthe Project. o~ ^~^® AIA DOCUMENT B151-~g97 4.7 The O~,'net shall Eurnish structural, mechankal, and chemkal tests; tests Eot air and ABBREVIATED OWN[R-ARCHIT£CT water pollution; tests Eot hazardous matezials; and other laboratory and environmental tests, AGREEMENT inspections a_nd £eports t~quired by law or the Contract Documents. The American Institute o~ Architects 173S New York Avenue, N.W. 4.8 The Owner shall ~urnish all l~aL accou]~tlng and insurance services that m~:¥ be Washington, D.C. 20006-5292 necessary at an)' time t'or the Proiect to meet the Owner's neecls and dui. erases. Such sendces shall include auditing services the Owner may require to verity the Contractor's Applicatio~.s ~or Payment or to ascertain how or t'or wltal purposes the Contractor has used.the money paid by' or on behalf et the Owner. copyright 1~74, lS78,' 1977, 1987, ~19~7 ~y tl~e American Insliture or Architects. Reproclucl'ion et the material herein or substanNal quo?orlon c~ its provisions without wrillen permission o~ the AId violates the copyright laws et the United States and will subject the violator te legal prosecution, WARNING: Unlicensed photocopying violates u,$, copyright laws and will subject the violator to legal prosecution. This documem' was alecrronical[y produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiral'ion as noted be[ow. User Document: blSloamounds-&- Ol.aia - ~/712001. AId License Numbe~ 1OO1903, which expires on 2/28~2002. -8873- U~/U~/ZUU£ £0:40 rA~ oo~ ~u z£ou ~ ~1 ~AUb ~U1U/UZA 4.9 The services, information, surveys and reports required blt Paragraphs 4-4 through 4-8 shall be furnished at the Owuer's expense, and the Architect shall he entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of an)' fault or defect in the Project, including an), errors, omissions or inconsistencies in the ArcMtect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipmem designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work, U-lIE DOCUA~NT HAS IhqPORTAN? lEGAL CONSEOUENCF.$. CONSULTATION WITH AN ATTORNEY I$ ENCOURAGED WfTH RESPECT TO ITS COHPI..ETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AI~ DOCUMENT MAY BE MADE 8Y USING AIA DOCUMENT D401. 5.1.3 Construction Cost does not include the compensation of the ArchiteCt and the Architect's consultants, the cosLs of the land, righa-of-way and financing or o~her costs that are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 ="~ .... :~-'-eg '~'~ ~' .... '- Prc;_'ea.-_%~geJ:,-tke --~;~ .... ' ' Drelimina~ anal~is of orobable_costs~ffuct[eo_a~m~ared by ~e ~chi~ect represents ~e A~tect'$ judgment ~ a dasig~ profe~ioaal f~ar ~ the Mdus~. It ~ recogn~ed, however, ~at ~ei~er ~e ~tect nor ~e ~er has control over · e cost of labor, materials or eq~ipmeng over ~e Contmdo['s m~ods of deters bid price~, or over competitive biding, m~ket or ~god~t~g con~tions. Accor&ngly; the ~it~ ca~ot a~d do~ not w~t or ~epresent ~at bi~ or negotiated pfi~s ~ not from ~e O~er's Pro,ecL budget or ~om any ~ate of Construction ~a or evaluation prep~e~ or asked to ~ flae ~Lect. 5.2.2 No Fixed limit of Construction Cost shall be esLablished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto, Il:such a rn~ed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types o£ construction are to be included in the Contract Documents, to m~e reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. {)1997 AIA~ AiA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT 5.2.3 If the Bidding or Negotiation Phase has not commenced within ~o days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit The American Institute of Architects 17~5 New York Avenue, N.W. of ConsLruction Cost shall be adjusted to reflect changes in the general level of prices in the Washington, D.C. 20006.5292 construction industry. 5.2,4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5-2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: Copyrig, ht 1974, 1978, lgT/, 1987, ~- 1997 by The'Amer~c~r~ Insltl~ute of Architects. Reproduchon o1' tho materj~l herein o~ substantial quotation of its provisions without wrWren permission o~ the AIA vjoJates the copyright I,,ws ol~ the United States ~nd will subject the violator to legal prosecution. WARNING: UnJicense~ photocopying, violetes U.S. copyright laws and ~il[ subject the vlol~tor to les~l prosecution. This document was electronic~lh/produced with permission of the AIA end cen be reproduced in ~ccorclance with your license without violation until the date of expiration as noted below. User Document: blSloamoundg-6- 01.aia ,. g/7/20OL AIA License Number 1001903, which expires on 2/28/2002. g -8874- ,1 give written approval of an increase in such flxed limit; .2 authorize rebidding or renegotiating o£the Project wi~hln a reasonable time; · 3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.z44, the ,Mchitect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fi.xed limiL, if established as a condition CONSEOUENCE$. CONSULTATION W;rH AN of this Agreement. The modiQcation of such documents without cost to the O~ner shall be the arro~Nn, limit of the Architect's responsibility under this Subparagraph 5,z5. The Architect shall be TO entitled to compensation in accordance with this Agreement for all services performed whethe~ or not the Construction Phase is commenced. ARTICLE 6 USI: OF' ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Dra~ings, spe4:ifications and other documents, including those in elecLronic form, prepared by the Architect and the Architect's consultants are Ins-tn~ments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be 6.2 Llpon execution of this Agreement, the A.rchitect grants to the Owner a nonexclusive license to reproduce the An:hitect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Archite. ct shall obtain similar nonexdusive licenses bom the Architect's consultants consistent w,th this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license, tlpon such termination, the Owner shall ~efrain from mal4ng further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control If and upon the date the Architect is adiudged in de[suit of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals ~o reproduce and, where permitted by' law, to make changes, corrections or additions to the Instruments ot' Service solely for purposes of completing, using and maintaining the Project. 6.3 Except for the licenses granted in Paragraph g.a, no other license or right shall be deemed granted or implied under this A~ecment. The Owner shall .not assign, .delegate, sublicense, pledge or o.tliendse transfer any license g .r~nted herein to another patt_y without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contracto:, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions oE the Instruments of Service appropriate ~o and for use in their execution of the Work by license granted in Paragraph s.z Submission or distribution of Instruments of Service to meet official regulator,/requirements or for similar purposes ~ connection with the Project is not to ~, construed as publication in derogation of the reserved rights of the Architect and the Architect s consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other proje,ct~, unless the Owner obtains the prior written agreement of the Architect and the Architect s consultants. Any unauthorized use of the Instruments .of $.e, rvice sh. all be at the Owner's sole risk .and without liability to the Architect and the Architect s consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement se; copyrigrt! 1974, 1918, 1977, 1987, ©- 1D97 I~y The Amertcan Institute of Architects. Reprocluction 01~ the material herein or substantial quotation oF its provisions without written permission of lhe AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopyinlg violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission oF the AIA and can be reproduced in accordance ~ith your license without violation until lhe date of expiration as noted below. User Document: blSloamoundg-6- OLela - D~//2001. AIA License Number ~001~0~1, which expires on 2/28/2002, ]0 -8875- AIA DOCUMENT B151-1997 ABBREVIATED OWN£R-ARCHIT[CT A~REEI~£NT The American Institute of Architects 1735 New York Avenue, N.W. Washinglon, D.C. 20OO6-S21a2 forth the specific conditions govemin5 [he format of such Ir~truments of Service or electronic data, includin§ any speclal limitations or licenses not otherwise provicled in this Agreement. The lr_chitect% provision of electronic dra ,w, in_os_0r data will be oovemed at minimum, by the following; In acceDtin_cl and utilizino any drawincls or any other data on any form of eJeo4roni.c media generated and orovided bv the Architect. the Owner covenants and agrees that all such drawin0$ and data are instruments of..service of Architect, ,who_shell be deemed the_author of the drewinqs and data. and shall retain all common law. statutory law and other rights._includ~o coowights, Under no ¢'~jrcumstances shall the transfer of drawings or other instruments of se~[ce on ele~ronic media for use of Owner_be daemeO a sale by Architect_and Architect makes no warranties, exoress or lint)lied, of merchantability 0r fitness for any D_articular ouroOse. TF~$ DOCUMENT HA5 II~PDRTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO IT5 COMPLETION OR MODIFICATION. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question afl.sing, out of or related to this AUTH'ENTICATIONO'el'HISE~CTRONICALLYDRAfTED AIA DOCUf4£NT MAY BE MADE Agreement ~ may be subject to mediation as a condition precedent to arbitration or the sY U$tNGAI^ DOeUI~NT institution of lega~ or equitable proceedinss by eiLher party, as long as the__Drocess is agreed_to bv both parties. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or f'ging deadlines prior [o resolution of the matter by mediation or by arbitration. 7,1,2 The Owner and Architect =E.-.E l]liLV_endeavor to resolve claims, disputes and other matters in question between them by mediation ~aiehs Unl=;-the pat',i= ~ ~rcc- ~ :~:E Joe -ia .-.c--:~;=:: -w~ ~:e ~ ....... ~ -~-:,--.:-- · ' ' ' . ...... Request t'or mediation shall 5e filed in writing with the other party to this A~. ee.m. en.t ---.~ wi~.'Zcf.=.:ri.c~.~tizr. ;:'=nt, .--..-~f:'Jcn Mediation sh~ proceed in advance of arbitration or lesal or equitable proceedings, which shall be ~ayed pending mediation for a period of 60 days fxom the date of filing, unless stayed for a longer period by agreement of [he parties or court order. 7.1.3 The parties shall share the mediator's fee md an7 filing fees equally. The mediation shall be held in the plaCe where the Proiect is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 7.2 ARBITRATION ~__ 7.2.1 Any el.ira, dispute or other matter in question arising out of or related to tkls ~ Agreement ~hal113RgY..be subjecL to arbitration~aS Ion0 ~t$ the process is agreed to bv both oarties. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in ~ccordance with Paragraph 7.t, '~,,'z~'~ 7,2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree ~s~ A~,~ otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the AIA DOCUMENT B~$1-19~7 American Axbitr~tion Association currently in effect. The demand for arbitration shall be filed ASSR£VIATED OWN[R-ARCHITeCT in writing with the other party to this Agreement and with the American Arbitration A~R~MENT Association. The American Institute of Architect~ 3735 New York Avenue, N,W, 7,2.5 A demand for arbitration shall be made within a reasonable time after the claim, Washington, D.C. 20006-5292 dispute or other matter in c~uestion has arisen. In no event shall the demand for arbitration be ramie after the date when restitution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. -Copyright 1974, 1978, 19~7, 1987, © 1~97 l~y lrle American Institme oYArchitects, P. eproauction or The material herein or substantial quotation oF its provisions wirho~ written permission of the AIA violates the copyright laws oF the United States and will subject the violator to le~a[ prosecution. WARNING; Unlicensed photocopying violetes U.S. copyright laws and will subject the violator to Ia~a[ prosecution. This document was el~tronicaliy produced with pe~ission of The AIA and can ~ reproduced in ~cordance with your [l~nse without violation until the dare of expiration as noted below. User Document: b]Sloamoundg-6- Ol.aia - 9~1, AIA License Number 1~1903, which expires on ~28~2. 11 -8876- 7.2.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional p~rson or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be .joined. Coment to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not nam~ or de~cribed therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall b~ specilkally enforceable in accordance with app]knble law in any court having jurisdiction thereof. 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law tn any court having jurisdiction thereof, rH~s pocpmEHr ~s t~o~r~T L£C~t ¢ONSEOUENC£$. CONSUtTA?ION WITH AN ATTORNEY IS ENCOURAGED WITH RESP£¢T 7.2~ CLAIMS FOR CONSEQUENTIAL. DAMAGES TO IT$ COMPLETION OR MODIFICATION. ~. ........... . . ~.,-~ ......... . ~? ...... -,,*~, ..... **%' ......... ~ ........ . ~.~,*,-.'-t-r, .... ';' ....~.-,*. DRAFTEDAIA DOCUMENT MAY BE h'tz~E ~~,~ CCT.=cc~uc::~=[ ~=1~%."~-~uc--~ c:J--.~cr .~=.~.y g '~c.%~.:~='.-'c.~ -ia-aeeeg. ea~e--'n~t~- aY USING AJA DOCUMENT D401. ~ The Amh[tect end Owner v~aive claims aqainst each other for cor~seouentlal Cama_aes arisine out of or r_elatin_a to the oontract. This mutual waiver includes: [1) Damaoes inourred .by the Owner for_[ental exoenses, for loss of use, io.s.s of income, !ost profd[, financinq, b. usiness and re~utation_a~cl_for loss of manaqemenJ~x_ s_~mDIoyee productivitY or of the services of such persons; anti (2~ Damages incurred by ~he Architect for principal offic_e exoenses includin9 the cor'0D_el~sation for personnel stationed there, for losses of financing, business and re_outation and for !0~ of profit exceDt_antlcioated orofit_arisin0 di~_e~tly from the Work,.Ths mutual ,~aiver is aoollcable without limitation to all conseauential dams§es due to either party's termination for cause .as set in Article 1.3. ARTICLE 8 T[RMINATION OF[ SUSPENSION i.1 If the O~ner fails to make payrnenls to the Architect in accordance with [his Agreement, such failure shall be considered substantial nonperformance and cause termination or, aL Lhe Architect's option, cause for suspension o~ performance o[~setvices under this Agreement. I1~ the Architect elects to suspend services, prior to suspension ol~services, the Architect shall give seven days w~ktell notice to the Owner. In the event of a suspension services, the Architect shall have no liability Lo the Owner for delay or damage caused the Owner because of such suspension of services. Bel'ore resuming services, the Architect shall be paid all sums due prior to suspension and ~ny expenses incurred in the interruption, a.nd resumption o£ the Architect's servlzes. The Architect's fees £or the remaining services and t~e dine schedules shall be equitably adiusted. 8,2 I~ the Proiect is suspended by the O~,-ner for more than ~o consecutive days, the ~ Architect shall be compensated £or services performed prior to notice oI' such suspension. When the Project is resumed, the Archit~t shall be compensated rot expenses incurred in the hlterruption and resumption o~ the ArchiLect's services. The Architect's l~e~ for the remainin$ services and the time schedules shall be equitably adjured. I~lSq? AIA~ 8.~ If the Proiect is suspended or the Architect's services are suspended ~or more than ~o Al^ DOIUMENT B1~I-lS97 ABBREVIATED OWNEI~-ARCHITECT consecuti-~e days, the Architect may terminate this Agreement by §ivin§ not less than se~en AGREEMENT da~' written notice. The American Institute o~ Archit,cts 8.4 This Agreement may be t~minated by either lXU'~y upon not less than seven days' l?ts New York ^venue, N.W. · ,eritten notlc~ should the other part}' fail substantially to per£orm in accorcl~ce ~ith the terms washingtoa, of this A§reement throuEh no fault o~'the party initiatin§ the termination. 8.5 This Agreement may be terminated by the O~ller upon not l~ss than seven gays' ~itten notice to the Architect [or the O*,'ner's convenience and without Copyright 1974, lg78, 1977, lgBT, O 1997 0y The A~er~can InstilUl~ Ot Archiie~ts. R?pro,qucno.n ot tt~e material herein or substantial quotation of its provisions ~ithout writi,en permission oF the AIA violai,es the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopyir~ violates U.S. copyright laws and will subject the violator to legal prosecution. This document was eiecl'ronically produced wil*h permission o~ the AIA and can be reproduced in accordance with your license ~ilhout vJoJal'Jon unrll the data of expiration as noted below. User Document: b]51oamoundg-$- o].aia -- 9/7/2001. AIA License Number ~001903, v~hich expires on 2/28/2002. -8877- 8.6 In the event of ~errni~lation not the £~ult of the Architect, the Architect shall be compensated ~'or services peri'ormed prior to termination, together ~th Reimbursable Expenses then due and all Termination E~>cnses as defined in ParalFaph s.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreemeltt and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount ['or the Architect's anticipated protit on the value ortho se~ces not perbrmed by the Architect ARTICLE 9' MISCELLANEOUS PROVISIONS 9.1 This Agreement shall, be governed bt' the law o[' de prindpal place of hush, ess o~* the Atc~tect, unless othervcise pro'4ded in Article n. THI~ DOCUMEhiT ~ IhlPORTANT L~GAL CONSEOU£NCE~. COI~SULTA TION WITH AN ATTOP, N~Y IS ENCOURAG~r.D WITH RESPECT 9.2 Terms in this Agreement shall have the sa~e meaning as those in the edition o[ AIA TO ITl COMP~TION OF~ ~OlFI~TION. Document ~ol, Gcne~I Con~dans of ~e Con,act ~or Cons~ction, cunent ~ of ~e date of AUTHENTi~ TION ~ THIS E~RONI~Y ~is Agreement. D~ED BY USING ~A ~O~NT ~l. 9.3 Ca~es of action betw~ ~e pani~ to fl~is Agreement pe~g to acts ot gallur~ a~ sh~ be deemed to have acc~ed an~ ~e apphcable statutes of~ta~ons shall co--once to ~n not late: ~ either the date of Sub~an~ Comple~on for ~ or ~lu~ to act ~cu~ prior to Subs:anLial Completion or ~e date of ~uance of ~e ~al Co,iRate for Pa~ent for a~ pr r~9~s to act occun~g aher 5ubst~g~ ~mpledon. In no ~ent shall su~ statues or llmlta~ons commence to mn any later ~an ~e date when the se~ces are subet~Uy completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and AzchitecL waive aU rights against each other a~d a§ainst Lhe contractors, consultants, a§ents and employees of the other ['or damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA DocumenL Aao~, General Conditions o[' the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require o[.the contractors, consultants, agents and employees of any of them sLrnilar ~aivers in [.avor o~the other pa~ties enumerated hereL't. 9.5 The O~rner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succe.~ors, assigns and legal representatives of such other party with respect to all covenants o£ this Agreement. Neither the Owner nor IBc Architect shall assign this Agreement ~rithout the ~rritLen consent of the other, except that the Owner ma), assign this A[reement to an institutional lender providing financing ['or Lhe Proiect. In such event, the lender shall assume the O~er's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. ~DI~7 AlOe AIA DOCUMENT BiSl-1997 9,6 This Agreement represents the entire and integr~tecl agreement between the O~rner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by ,,~ritten instrument signed by boah Ovmer a~ld Architect. 9.7 NothLng conta. Lned hi tl~ Agreement shah create a contractual relationship ~ith or a ABBREVIATED OWNER-ARCHITECT cause of action in favor of a third party against either the Owner or Architect. AGREEMENT 9.8 Lh~less otherwise provided in Ods Agreement, the Architect and Architect's The American Institute of Architects consultants shall have no responsibility for the discover/, presence, handling, removal or 173S New York Avenue, N.W. disposal oEor exposure o['persons to hazardous materials or toxic substances in any form at the Washington, D.C. 20006-5292 Project site. copy'r~gh! 19?4, 1978, 1~17, ]D87, O 1997 by Tt~e American Institute of' Architects. Reprocluction of th~ material herein or substantial quotation of Its provisions without written permission of the AIA v~olates the copyright laws of the United 5tares end will subject The violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b]5~oamoundg-6- 01.aia -- 99/2OO1. AIA License Number ~OO1903, which expires on 2'28/2002. -8878- 09/06/2001 13:49 F.~ 651 490 ZI§O ~U ~'f FAUL ~OlO/OZ¢ 9.9 The Architect shall have the fight to include photographic or artistic representations of the design of the Project among the Architect's p:omoLional ~nd professional materials, The Architect shall he given reasonable access to the completed Project to make such representations. However. the Architect's ma~erials shall ~ot include the Owner's cont3dential or propriemy information if the Owner h~s previously advised the Architect in writing of the Specific information considered by the Owner to be confidential or proprietary. The Owen. er sh~ll provide professional credit for the Architect in the Owner s promotional materials for the Project. 9.10 If the O~er requesLs Lhe Architect to execute certificates, Lite proposed language of such certificates sh~ll be submitted to Lhe Architect for review at least ~4 d~ys prior to the ' requested &tea of execution. The Architect shun not be required to execute certi~cates that would require knowledge, services or responsibilities beyond the scope of this Agreement. r~$ oocur~r ~s IMPORTANT LfO~L CONSEOUENCES, CONSULTATION WITH AN ARTICLE 10 PAYMENTS TO THE ARCHITECT ATTORNEY IS ENCOURAG[D WITHRF-~P£CT TO frs cOt4~'L~ON OR r4OplFfC~nor¢. 10.~ DIRECT PERSONNEL EXPENSE AUT~NTI¢AT~ON OF TH~ELECTRONICALLY ~JreCt ?e[sonne]. ~.~pense is defil'led as the direct salaries o£ the Architect's persorme| engaged DRAFTED AIA DOCUMENT MAY B£ MADE On tee Proiect and the portlor~ o[ the cost of their m~nd~to~ nnd customary cont. tibution~ ~nd BY U$1NGAIA DOCUMENT D401. benefiLs re[at, ed thereto, sud:l as emp~oymenL t~es and other gt~tutory employee benefits, insur~ce, s~ck [eave~ ~olida~, vacations, employee retirement ~lans ~.nc~ sirnih~ coRtributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses ~re in addition to compensation for Basic and Additional se~ces and include expenses incurred by the ~Chifec~ and ArchRect's employe~ and consultants directly related to the Project, as identified in the following Clauses: ,1 t~nsportatinn in connecLion with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval orauthorities having ju~diction over fl~e Project; reproductions, plots, standard form documents, postage, handling and delivery of Ins~rumcnUs otr Service; .4 expense of overtime work requiring higher ~han regular ~tes if euthoriged ~ advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to L.l-fis Project or the expense of additional india_nco coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 rehnbursable expenses as designated in Article tz; .8 other similar direct Project-related expenditures. .9 se¢.or,~d ooinion cost estimates,~ I0.~ PAYMENTS ON ACCOUNT OF BASle 5~RVI¢ES ]O.~.] An initial payment as set forth in Paxagraph m~ is the mlnLrnum p~xnent under this Agreement. ~1997 AIA~) AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where ~pplicable, Washington, D.C. 20036-$292 shall be in proportion to services performed within each phase of service, on the basis set forth La Subparag~ph n.z.2., where_comt~ensation for multi-ohase servJ~e~ is based on a ~tiDul~t~-d sum or percentage of construction costs. _the monthly Droaress DavmeRts_ copyrigl~t 1974, 1918, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction ut the material herein or substantial quotation of its provisions ~ithou! written permission of the AIA violates the copyright laws of the United States and will subject the violator to lea, al prosecution. WARNING: UnliCensed photocopying violates U.S. copyrisht laws and will subject the violator to lei~al prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b151oamoundg-6- 01,ale - ~/7/2001, AIA License Number 1001903, which expires on 2/2B/2002. -8879- 09tO§/ZOO1 1~:4V /"'.~ U~I 4VU ZL~U 5//// 51' for services in each phase shall be in I~rgportion to services perform.e9 within each 10,3.3 If and to the extent that the time initially esi.~blished in 5ubpara§raph u.5.x of' this Agreement is exceeded or extended through no f~uh of the Architect, compensation for any services ~endered during thc additional period el dine shall be cornpuLecl in the manner set forth in Subpar'%,m?h n.3.z 10,~.4 When compensation is b~sed on a percentage of ComLrucdon Cost and any portion-, of the Project are deleted or other-,eise not constr~ctecl, compensation for those per,ions oithe Project shall be payable to ~he extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph u,zz. based on 0.) the lowest Bon~ 6de Bid or negotiated proposal, or (z) if no su~ bid or proposal Js received, the most recent preliminary esumate of Construction Co~'t or detailed estimate of Construction Cost for such portions of CO~SEOUmCfS. CONSUU,~rION ATTORNEY !~ ENCOUi~ACED WITH R~$PECT the ?reject. TO ITS COMPLETION OR MODIFICATION. AUTHENTICA ~ON OF THIS ELECTFIONICALLY 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Oe,,~'T~i),eA DocuM£NTlVI~Y BEHADE ?~yments on ~ccount of ~e Architect's A. ddR~ona~ Serv/ces and i'o~ Rehnbursab[e ~xpenses BY U$1N~AIADOCUI~IENTD6Ol, shall be m~de monLh¥ uDon presenL~Lion of the Arch/reeL's statement o£ services rendered or expenses J.neurred. 10.5 PAYMENTS WITHHELD No deductions sh~ll be made from the Architect's compensation on account of penalty, LiqUidated damages or other su~ withheld from payrnen~.s to contractors, or-on account oJthe cost of changes in the Work other than Lhose for wfiich the Architect has been adjud§ed to be liable. 10,6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and exl~nses perLaining to Additional Services and s~rvices performed on the bas/s of hourly rates or a multiple et' D/red. Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect es .Follows: ]].1 AnlnitialPayrr~nto£ Dollars(s ) shdl be made upon execution of this Agreemen~ and credited to the Owner's account at Final payment. 11.2 BASIC COMPENSATION 11.2,1 ~or Basic $zrvices, as described in Article a, and any other services included b Ardcle ~. as par~ o[ Basic Services, Basic Compensation shall be computed as follows: (In,ret ~qs o£ co.,'~pmsadon, ~cluE/.ng ~ERu/~ted sums. mu/dpl~ or j:~r~e,,;m~, ~r idcndf~ phaser to wl~ie~ t~'licut~r mcEoo~s of compeErs'on apply, if net'e~ry.] Services_ 1 ,.Pre-Desian Phase: Services outl~e_d in E×hl~it "A" will b_e billed on an hourly basis with a probable maxiqlurn limit of $29.000 _olus reimbursables, _ 2. Final Desi_an Phase: Schematic_D_esian. Desion Develo_~ment. Construction Document, ar~d.Bj.dd[n0 Phase will be a lump sum of 6% to 10% p..u.s reimbursables 9f Construction to be necjotia.t.ed after approval to or0ceed with the Final Desiqn Phase, TheJ~R~}~ for the fee will be outlined in an exhibit & amended to this aqreement. 3. Construction Phase: Services will be outlined in an exhibit a0.d amended to this . Aereement after the bidding ohase of thls~oiect 4. Clarification of Fees; Base.d on the information in the Proposal dated Aucjust 16~ 2001, we have estir0.etad our fee to be in the range of $29,000 to $37.000. The lower _r~n___cle_raflects_a work Plan with ouick decisions and_a_sho~tschedule. The UDDer Copyn~ht~l~74., lcj7s, 1977, ~987, © 19~1 I=y Irte American Instilute et Archite~.?s. 'P, aproduction o1' the malarial herein or' substantial ClUOrafion of its provisfons without written permission el~ the AIA vielate.c the copyright laws o1: the United States and will subject the viola/or m la§al prosecution. WARNING: Unlicensed photocopyin8 violates U.S. copyri~,hl laws ancr will subject the violator to lea. al prosecution. This document was electronically produced wilh permission of the AIA ar~c[ can be reproduced in accordance with your license without vie[orion until the date o[ e,piration as noted below. U~er Document; b~51oamounctg-6- Ol,aia -- 9/7/2001. AIA License Number 100'1~03, which expires on 2/2.S/200?.. ©1997 Ab~ ^IA DOC. UMEN? B1.~'1-1997 ^BBR£VI^I'rrD OWN£R-AF[¢HIT£C? AGRE[MENT The American Institute of Architect 1735 New York Avenue, N.W. Washin§ton, D.C, 20006-52~2 -8880- 09/06/2001 13:50 FAX 651 490 2150 $E9 ST FAUL ~ 017/024 __ ' rarlge reflects the inclusiono[a contingency_ fee that covers forths unexoected. situation that usually .o.c,~urs_durinq a pr0~ect, Addition_al meetings, extensive public lr~¥cdvement, or added cottons _lust to name a ,few of the changes in a orole, ct that ~;ould oaoui,.as the Dro!ect develoce, s. SEH su0_aests that we 0rovide services on an hourly basis's withe limit of $29,800 clus reimbursable ordicLarv exoenses. If. during the devslocment of the 0ro'tect. It aoDears that we will be reachtng the limit of DrD_oosed fees. we wilLbrino it to your attention and revisit the W, prk Plan to determine the best.approach reg_ardin0 fe.e.s and services. Our Optional services are outlirl,es in Exhibit "A", Should the need.fpr those services , _become aDDarent, we will discuss the best way to secure this information, and make the resoectlve_de_¢ision accordinqly, BeCause of the level Of Public Involvement/Particioati0n is vet to be_determined, we ,J~ave indicated the task on the Work Plan but have not inctu.ded that in our fee;_Public InvolvementlParticioation can be easy as_one onen house to inform the olJblic of the .Status_of the oroiect to several town meetings that are used to.Rather constructive/suo_oorflve input on the vafiousootions betna studied, The later tends to qatar more suD_oort and allows for rece_otiveness of the inout provided by the public; whereas, the form. er is used when 0ublic_suDport is not a lar_ae issue. Sirlce t_he design for the other major chased of your project_cLeDend on the results of the Pre-De. sion Phase. a fee for seer. ices for this chase will be provided once you aoDrove oroceedinq~to~he~next. Dhase Addltiorlallv. a ore-design studv for Phase_Il related to your Public W. orks and island p~rk needs will be prpvided once you aD_Drove 0roceedi~.g to this chase of the oroiect. TI, tiS DOCUMENT HAS IMPORTANT lEGAl. CON$£OUENCF_5, CONSULTATION WITH AN ATTORNEY IS EN¢OUIU~GED WiTH RESPECT TO ITS COMPLETION OR MODIFICATION, AUTHENTICA WON OF Ti'J5 ELECTRONICALLY DRAFTED AJ~ DOCUMENT MAY BE MADE BY USING AJA DOCUMENT D,fOL 11.2.2 Where compensation is ba~ed on a stipulated sum or Pe~centale cE Construction Cost. pto~ress payments for Basic Services in each phase shall total the [o[lowitl§ percentales of the total Basic Compensation payable: Schematic Pre-Design Pha.s_e · SchemaLic Desi§n Phase: Des[sn Developmen[ ?hose: Construction Documents Phase: Biddin§ or Negotiation Phase: Construction Phase: Total Basic Compensation: peKc. ent CNA%) percent ( 15 %) percent ( 20 %) percent ( 50 %) percent ( 5 %) percent ( NA %) one hundred percent (,00%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Pro~ct Reprcsenzazion B~yor~ Ba~c Services, as described ~ Paragraph compensation shah be computed as follo~r~: 11.3.2 ~or .A~di~ona! Serv~es of' the ,,~'chi[ec~, as described in Articles ~ and ~, other than (~) Additional Proiec[ Representation, as described in Paragraph ~.z, and (z) services included in Article n. as part o[ Basic Services, but excluding services o~ consultants, compensation shall be computed as follows: em~/oye~, md idens'(~ ff~mi£m ~nd cla. t~ em~loy~ l£r~ub~d, ld~n~ sp~onc ~c~ ~o ~,a~cn p~ru¢~u~r me~s o£ com, pcr~adon ap.v/y, ! I O1997 AIA~ AIA DOCUMENT B1S1-1997 ABBREVI^TED OWN.ER-ARCHITECT AGREEMENT The American Institute of Architects 17~5 New York Avenue, N,W, Washington, D,C. 20006.5292 11.:Ug For Additional Serviczs of Consultants, including additional structural, mechanical and electrical engfl~eefing services and those provided under Subparagraph ~-4a~ or identified Copyright 1974-, 1978~' 1977. 1981, © 1997-by The A~nerican Institute ot Architects, ReproCucr~on ot material herein ot substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United STate~ and will subject the violator to legal prosecution, WARNING: Unlicensed photocapyin8 violates U.S, copyright laws and wi11 subject ~ha violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b151oamoundg-6- OLala - 9/7/2001. AIA License Number 10o1903, which expires on 2/28/2002. -8881 - 09/06/2001 13:51 F.~LT~ 651 490 2150 SEH ST PAUL ~018/024 icle zz a part 0[ Additi0 a] 5¢ ces, z mullipl¢ 0f ,gnp paint zero amounts billed to the ~chitect foz such schick. 11.4 REIMBURSABLE EXPENS£S For Reimbursable ~-xpenses, as described L~ ?aragraph xoa, and ~y o~er items ~cJuded in ~cle ~ ~ ~e~bu~able Expe~, a multipb of one point zero ( 1 ,D ) ~es ~e ~penses ~cuned by ~e ~chite~, ~e ~Lect's empJoye~ ~d consultants ~ec~y related to the P~ect. 11.5 ADDITIONAL PROVISIONS ILS.] If ghe Basic Services covered by this A~reement have not been completed within twenty-four ( ~ ) monks of ~e date hereoL throu~ no faulL of Se ~chiteet, extension of CONSEOUENCE5. CO~ULTATION WITH the Mc~te&s se~ices beyond that t~e sh~ be compen~ted ~ prodded ~ Subparagraphs ATTORNiY 15 ENCOU~OEO WITH ~P~CT lo.$~ ~d u.5.z To I~ cOMP~TI~ OR MO~FICAT~ON. 11.5.2 Pa~en~ are due and payable thi~ ( ~ ) days ~om ~e date of ~e ~&kect's ~voice. ~oun~ unpaid nine~ ( ~ ) days ~er~e ~voice dale shall bear ~tere~ at &e rate entered below, or in ~e absence ~ereo~ at the legal rate preva~g bom ~e Lo t~e at the cipal place of business o[ the Architecc t,~te of inz~ ~ u~n.l $~ ~xhibi~ A & 8 f~ ta~ ~d ~u/temenu u~dcr ~e ~r~ ~t~ ~ Lend/og A~, s/m/l~ sine ~d /oc~ ~ssumer c~jt ~ewh~ may ~t ~he rs/id/t7 of ~u ~lon. S~Sc ]~d ad. ce ~ho~d ~ obt~n~ ~ ~s~ to aeI~ons or m~iS~ubn~ ~ ~o ~g z~u/~m~ such ~ ~ttvn di~lo~ ~ ~ ) ]].5.3 The rates and multiples set fo~ for AdflRional Se~ces ~h~ be adjusted in acco~d~ce ~th fl~e no.al sflaW ~view p~ctices of the AtchRe~ ARTICLE 12 OTHER CONDITIONS OR SERVICES (In~ desctiptiaos of other serricrs, idestf)' Additional 5e~ inc/ud~ ~:~a ~ Com~ns~tio~ ~d m~i~csffons to ~e ~ent ~d com~s~on tc~s ln~ud~ in ~ ~menLJ This Agreement entered into as of Lhe day and yeaz first w~itten above. OWNER ARCH ITl:CT and title) l AIA DOCUMENT B151-1~97 ABBREVIATED OWNER-ARCHITECT AGR£EMENT The American Institute of Architects 1735 New York Avenue, N,W. washington, D.C. 20OO6-~292 Copyrigtlt 1974, 1978~-1977, lSBT, © 1997 I~y The American Institute ot Architects, Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright lows of the Untrod States and ~iil sub]ecl the violator to.legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance wi~h your license without violation until the date o1: expiration as noted below. User Document: blD]oamoundg-6- OLaia -- 9/7/2001, A[A License Number 1001903, which expires on 2/2E/20O2. 17 -8882- Exhibit A Project Scope of Work and Schedule City of Mound Facilities Study Mound, MN P.MONCl0201.00 September 6, 2001 PROJECT IDENTIFICATION: Project Description: Project Funding: Type of Architectural Agreement: Method of Construction Contract: Bidding Schedule: Total Project Budget: Project Construction Budget: Required Wage Rates: Permitting Requirements: Responsible Individual for Owner, Special Consultants: Specie] Concerns: Drawings: Facilities Study as Described in Work Plan on following pages To be determined AIA B151 (Final Construction Contract arrangement to be decided: Single Prime, Multiple Prime, Multiple Bid Packages, Single Bid Package) To be determined during Pre Design Phase March/April 2002 To be determined To be determined To be determined City of Mound Kandis Hanson To be determined after Pre Design Phase __Civil, _Architectural, _Structural, _Mechanical, _Electrical {To be determined after Pre Design Phase of the projecl Pa§¢ 1 of 6 -8883- OptionAl Services, see Article 3.4 Included in this Proposal: Responsibility: (Architect, Owner, ornc~t Provided; choose one) NOT PROVIDED NOT w~in APPUCABLE Orlgtnal SERVICE ARCH OWNER Agream~t REMARKS 1. Programming 2, Land Survey Services 3, Gen_t~hnical Services 4, Space Schematics/Flow Diagrams / ., 5. __.x:a_ting Fadlities Surveys 6. Economic Feas~lity Surveys 7, Site ~alysis and Selection J,," 8. Environmental Studies and Reports 9. Owner Supplied Data Coordination, 10. Schedule Development & Mon~ring ,,. As part of Final Design 11. Civil Design /,~ negotiations As part of Final Design 12, Landscape Design ~ negotiations As part of Final Design I:L Interior Design /,~ negotiations 14, Special Bidding Negotiation /'~ ,. 15. Value And) sis _ 16. Detailed Cost Estimating ~ ,_ . 17. On-Site Project Represen!ation lB. Construction Management ~ _ 19, Start-Up Assistance 20. Record Drawings 21. Post Contract Evaluation 22, Tena!,t. Related Services Scope of services to be determined during Pre Design 23. Citizen Participation ~ Phase Mass production of communication media not 24. Graphics /,~ included, 25...__:_. Hazardous Materials Services /,~ 26. Water Resources Services Pa~ 2 of 6 -8884- 09/06/2001 13:$2 F.~ 651 490 2150 SEH ST FAUL ~021/024 _27. Legal Services 28. Demolition Services Limited to Pre Design Services rela~ed to site 2..q.Traffic Engineering P~ circulation issues. P~s¢ 3, of -8885- 09/05/Z001 13:5:~ F.~t;. 6,51 4~U ZI~U ~1 l"ALli. ~U~;~/U~4 PROJEcT TASKS AND SCHEDULE= 0201 TA~K NAME START 2 2g---PROJECT STARTUP · Prepare Project Professional Fee Estimating - Scope of Work/Work Plan e S~edute Project and Team 30---PRE-DESIGN; The following is an itemized list of tasks, (Work Plan), Typically, building projects are completed in the following major phases: · Pre-Design Phase (Project Prograrnming/Proiect Planning). Schematic Design Phase. · Design Deve[opment Phase. · Construction Documentation Phase. · Bidding Phase. · Construction Phase. Gather Background Information · Current information on needs for Fire Station. Current information on needs for City Hall. Current information on site conditions. Current information on needs for police and Emergency Operations. · All potentially effected stakeholders. · All existing plans or specifications on fire, police, Emergency Operations and city administration facilities. · Current communication events related to this project. · City Design Guidelines & Standards. Regulatory Reviews . Determine all regulatory agencies (zoning, watershed, utilities, building, environmental, City standards). · Regulatory Memo of understanding including regulatory planning review process requirements. Kickoff Meeting with Lead Owner Representatives (meeting #1) Establish expectations/roles and responsibilities (Review client engagement planner). · Identify all stakeholders. · Establish communications methods. · Confirm schedules and critical path milestones. Review total project budgets and need phases. · Identify all subcommittees with stakeholders. Sept, 2001 Sept. 2001 - Nov. 2001 Sept, 2001 -Nov. 2001 Page 4 of 6 -8886- 09/06/2001 la:Sa P~,~. 651 490 2150 ~U ~'l' ~AOL ~ 025/024 PROJECTTASKSAND$CHEDULE: ~-MONCl0201 , · Ver~ options to be studied, · Expansion/remodeling of existing fire station. · Expand/remodel existing fire station for fire, police, and emergency operators use (including remodeling of City Offices due to vacated police). · . New Fire Station. · New Fire, Police and Emergency Operations (including remodeling of City Offices due to vacated Police). , New City Offices, Fire, Police and Emergency Operations. Verify Site Locations · Gather required background information on proposed sites. Complete general s{te assessment matrix. · Revise project setup based on kickoff meeting. Space and Physical Needs Assessments · Space Needs Assessments meeting with Fire Depart~nent (meeting #2). · Space Needs Assessments meeting with Police Department (meeting #3). · Space Needs Assessment meeting with City offices (meeting ~4). · Space Neecls Assessments meeting with other Emergency Operations (meeting #5). Conduct General Building Conditions Survey for existing Fire Station (meeting #6), · Conduct General Building Conditions Survey for ex'=Ung City offices (meeting #0). Communication event (by Owner). · Develop Space Needs Assessments in matrix format. · Meeting with Lead Owner Representatives to review Space Needs Assessments Matrb( (meeting #7). · Revise Space Needs Assessment Matrix as per Owner review. Major Spaaes Site Concept Design · Prepare for Major Spaces Concept Site Plan Work session. · Major Spaces Concept Site Plan Work session with all key Stakeholders · Develop Major Spaces Concept Site Plan. · Present Space Needs Assessment Matrix, Major Spaces Concept Plan, and Site Evaluation with City Council. · Communication Event (by Owner). · Public Involvement/Participation (by Owner). · Determine goals and objectives. · Prepare for public involvement/participation. TASK NAME START P~gc 5 of 6 -8887- 09/06/2001 13:53 FAX 651 490 2150 SEE ST PAUL ~024/024 ~NC[0201 TA$1( NAME START Determination of Preferred Option Selection/Approval of preferred design option. · kpl3roval to proceed to the ~ehem~tie design phase far the preferred option. · Negotiate fees for Schematic design, Design Development, Construction Document and Construction Phases Notice to Proceed · Provide written Scope of Work for Schematic Design Phase or additional Pre-Design · Provide written Scope of Work for design development, construction document. bidding, and construct[on phase. Pa§¢ 6 of 6 -8BBB- FROM : LMCD BOARD MEMBERS Bert Foster Chair'. Deephaven Craig Ne]son Vice Chab, Spring Park U[i McMillan Secretary, Orono Tom Skramstad Treasurer, Shorewood Andrea Ahrens Mound Bob Ambrose Wayzat~ Douglas E. Babcock Tonka Bay Craig Eggers Victoria Tom Gilman Excelsior Paul Knudsen Minnelrista 'Tom Seuntjens Minnetonka Beach Herb J. Suerth Woodland Katy Van Hartke Minnetonk= Sheldon Wen Greenwood FAX NO. : 7459085 Sew. 06 2001 [33:10PM P2 LAKE MINNETONKA CONSERVATION DISTRICT 18.338 MINNETONKA BLVD. · DEEPHAVEN, MINNE[SOTA 55391 · TELEPHONE gE,2J745.078~ - FAX 952/745-908~ Gregory S. Nybeck, EXECUTIVE DIRECTOR August31,2001 Ms. Kandis Hanson City of Mound 5341Maywood Road Mound, MN 553~ Dear Kandis: At its 8122/01 Regular Meeting, the Lake Minnetonka Conservation District (LMCD) Board of Directors discussed fees incurred by the LMCD in the administration and processing of the 2000 City of Mound new multiple dock license, with minor change application, and six variance appIications from LMCD Code at six street ends within the Woodland Point Development. At the request of Mound LMCD Board member Andrea Ahrens, formal action on this issue was tabled to the 9/12101 Regular Meeting to allow a representative from the City of Mound to participate in the discussion. In the attached staff memo, dated 8115101, staff informed the Board that the LMCD incurred $10,899.67 of legal expenses in the administration and processing of these applications. A number of potential alternatives to charge back these expenses to the City of Mound are highlighted in the this staff memo; however, the LMCD Board members present at the 8/"22/01 Regular Meeting came up with another alternative that will be discussed at the 9/12/01 Regular Meeting. As outlined in the 8115/01 staff memo, the LMCD received $8,506.25 of fees from the City of Mound for these seven applications. This breaks down to $5,506.25 for the new multiple dock license, with minor change application, and $500 for each variance application. Each variance application has a $250 non-refundable base fee, plus a $250 deposit fee. The consensus of the LMCD Board at the 8/22/01 Regular Meeting was that the vast majority of the legal expenses incurred were associated with the six variance applications, not the new multiple dock license, with minor change application. The Board believed that the $10,899.67 of legal expenses should be charged back to the City of Mound, deducting the $1,500 of deposits received for the six variance applications. This alternative, if approved, would result in $9,399.67 of legal expenses being billed back to the City of Mound. 20% Pe-~ C, en~'umcr Wame - 8889-e Address: http://www.lmcd,org :-mail Address; lined e Imcd.org FROM : LMCD FAX NO. : ?459085 Sap. 06 2001 03:10PM P~ LAKE M]NNETONKA CONSERVATION DIS]'R~'CT To ensure that the position of the City of Mound is heard on this issue, we encourage that a representative(s) attend the 9/12J01 Regular LMCD Board Meeting. Feet free to call me if you have questions or if I can be of further assistancel Sincerely, LAKE.MINNF_..TONKA CONSERVATION DISTRICT Gregory/S..~ybeck ' Execu~ve Director CC: Andrea Ahre~s- LMCD Board- Mound -8890- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www, cityofmound.com September 7, 2001 Greg Nybeck, Executive Director Lake Minnetonka Conservation District 18338 Minnetonka Boulevard Deephaven, MN 55391-3232 Dear Greg, At its August 24, 2001 regular meeting, Mound City Council Members reviewed the LMCD staff memo dated August 15,2001. The memo described five options being considered by the LMCD Board that involved possibly charging back to the City of Mound certain LMCD costs in connection to processing the 2000 new multiple dock license, with minor change application, and six variance applications from the LMCD Code at six street ends within the Woodland Point Development. Mound City Council respectfully wishes to make it known that it prefers Option #5 - Not to bill the City of Mound for additional expenses incurred by the LMCD. It is the opinion of Mound Council Members that the unique relationship Mound has with the LMCD negates the reason for any reimbursement. That unique relationship is the fact that the City of Mound dock program is self-administered. With little in the line of demands being placed on the LMCD, it is the Council's opinion that those costs should most appropriately be absorbed by the LMCD by annual dues paid by the City of Mound. It is also their opinion that the conflict of interest matter that occurred was unfortunate, but the City of Mound should not bear the brant, and correspondingly, pay the total cost, of that unfortunate occurrence. Again, the City of Mound is requesting that you see the reasoning here and not charge the City for costs in connection to these applications. Thank you for your consideration. Sincerely, Kandis Hanson City Manager FROM : LMCD FR× NO. : ?459885 Sep. 86 2881 03:11PM P4 August 15, 2001 LAKE MINNETONKA CONSERVATION DISTRICT TO: Board of Directors FROM: Grog Nybeck, Executive Director SUBJECT: Mound Variance and New Multiple Dock License Applications BACKGROUND In April 2000, the Distdct received and processed a New Multiple Dock License, with minor change application, and six vadance applications from the City of Mound for the storage of watercraft at six street ends within the Woodland Point Development. The fee received for the 2000 new Multiple Dock License, with minor change application was $5,506.25. Each variance application submitted requires a $250 non-refundable base application fee, plus a $250 deposit fee. Total fees collected from the City of Mound for these applications was $8,506.25. The District approved these applications at its 8/9/00 and 8/23/00 Regular Board Meetings. Generally, expenses included in the $250 non-refundable base application fee for variances from Code include review and processing by District staff, review and participation by District attorney at the Board meetings, legal notice requirement, and postage expenses for residences within a 350' radius of the site. The additional $250 deposit fee can be refunded depending upon full compliance with Code and the extent of administrative, inspection, and legal services required. Because significant expenses were incurred by the District in the .administration and processing of these applications, staff is looking for direction from the Board on whether some of these expenses should be charged back to the City of Mound. DISCUSSION Detailed below is an overview of expenses incurred by the District in the administration and processing of these applications: LEGAL fSee attached invoices for further details) · (4/27/00 - 5122/00) $2,922.50 · (5/23/00 - 6/15/00). $1,470.00 · (6/20/00 - 7120/00) $2,496.25 · (7/20/00 - 8/10/00) $1,228.08 · (8/24/00 - 10/21/00) $ 875.00 · (11/01/00-2/19/01) $ 910.00 · (2122/01 - 3/19/01) $ 472.84 · (3/26101 - 4/16/01) $ 420.00 · (4126/01-4/27/01) $ 70.00 · (5/29t01-6/07101) $ 35.00 SUB-TOTAL (LEGAL) $10,899.67 -8892- FROM : LMCD FAX NO. : 7459085 Sep. 06 20010~:llPM P5 CiTY OF MOUND STAFF MEMO, 8/15~01, PAGE 2 SUB-TOTAL (OTHER EXPENSES) OTHER EXPENSES · StaffTime (20 Executive Director Hours @ $30.60 per hour) $6t2,00 o Staff Time (8 Administrative Asst. Hours @ 15.09 per hour) $120.72 · Postage (225 Public Hearing Notices.@ $,33per.mailing) $74,25 · Legal Notice- 4127/00 Edition of the Lakeshore Weekly News $ 30.00 $836.97 TOTAL EXPENSES INCURRED: $11,736.64 Expenses incurred by the Distdct in the administration and processing of the applications exceeded revenues received from the City of Mound by $3,230.39. The majority of the expenses incurred by the District were legal expenses with Hoff, Barry, Kuderer. Kennedy & Graven could not legally represent the District in the review of these applications because there was a conflict of interest. RECOMMENDATION Although staff is not prepared to make a recommendation at this time, we believe all or some of the expenses should be bilied back to the City of Mound. Staff is looking for direction from the Board on this issue because we betieve these applications were unique and we question whether general ~)ractices on billing expenses to the applicant should appty to them. Five possible options for the Board to consider include: · Bill all $3,230.39 to the City of Mound. · Deduct the other expenses incurred by the District, $836.97, and bill the remaining expenses to the City of Mound ($2,393.42) · Deduct other expenses, $836.97, and legal expenses incurred by the Distdct for, the a~orney to attend Board meetin.gs,$2,135.00, and bill the remaining expenses to the City of Mound ($258.42) · Bill a percentage of the $3,230.39 to the City of Mound. · Not to bili the City of Mound for additional expenses incurred by the District. -8893- VOL. 6, ISSUE $ HZNNEHA.HA CREEK WATERSHED DISTRZCT CAMP COLDWATER-,SP. RINGS AGREEMENT ~e seven-person board of the 2Jinnehaha Creek WatePshed District (2JCW~7) recently voted Unarii- mous!y to accept.a settlement agreement from the Ninnesota Department of ~ransportation (kI~OT). It includes a revised drainage design for the' tIighway 62/55 interchange area in southeast.kIinneapoliS near Fort Snelling that would help protect the groundwater flow to Camp Coldwater Springs. kIrtDOT and'klCWD were scheduled .to go to court on this issue, but both .agencies agreed .to work together in the best interests of the springs. ~ICW~ found that the co'ncerted worries of many groups and individuals about the springs have long ~een jus~'.fied. Ihe original:Highway 55/62 design initially proposed 'by l~InDOr would have' harmed the flow. A series of dye tests conducted this 2uno confirmed a connection between the flow to 'the springs and part of the spring's recharge area to the southwest, which included the. Highway interchange .area. In Iight of the state legislation passed and Signed into !aw during lqay, protecting both the history-and flow to the springs, ail kICWD stakeholders should feel a real sense of accOmplishment~ Ibis is what it'~ all about: Defending water resources that the community values. A special note of thanks s~ould also go to those who worked long and 'hard in the Native community and in the Camp ColdWater Springs ¢oalit~'on, Plus other concerned citfzens. Our government agencies are designed to' respond,to citizen~ concerns and in this case, the people ' along with the kICWD volunteer citizens' board -- made its government work. We believe that the modifications now agreed ~o by I~InDOT ~ilI. have a minimal possible impact on the springs even as the roadway is built'into the next year. klnDOT is working.with us .to produce a solution that we hope 'will protect this historic and cultural area in the short term and for ail,future generations., Pan? Blixt, President, HCWD Board of Hanagers H&H STUDY.CONTINUES PROGRESS IN .MAPPING OUT DISTRICT-WIDE WATER AND POLLUTANT MOOEL Started last summer, ~che Hydroto'gic & Hydraulic (H&H) study is well underway. This comprehensive effort to develop and implement an .integrated district-wi~le pollutant data system will allow' the/~ICWD to better understand and plan f'ot human and natural 'effects on the wetlands, streams and lakes that .make up the watershed. According to district project manager 3ira Hafner, several critical phases of the project are.making progress, .including watershed data collection; customized Geographic Information System (GIS). development; and modelitig in the pilot project area (Painters Creek Sub-watershed). These efforts wil~ lay Continued on page 4 -8894- .CONTZNUTNG 'BEST MANAGEMENT PRACTICES (BM'Ps),.. ................... Zn-~he~Spr~ing~e`w~p~h~we.begar~a~er~e~an-Be~i:~M~na~emen~:*4~r~ees-~B~N~).~e~¢e~ater~u~d~nes and. spedfic Wqter-cleaning s~ategies fo~ally adopted by the NC~ in its ahnuai plan. Indiffduals and. busineszes, as stewar~ of our na~ral resources, can put in B~s in.place to reduce water pollu~n.by maoa~ing ~ater'mno~ B~ are designed.W ~eat'and contain nonpaint sources .of. nu~ren~ and other ~ater pollutan~, he, re therunoff enters the larger Wa~r~hed, ma~ng ~ way. into. Lake ~innetonka, and/or ~innehaha-Creek and even~ally the ~ississippi River. Nonpoint polluffon ac~mU~ates ~om many sources, including law~; d~veways and sidewal~, and par~'ng lot ~no~ 'Point pollu~on comes ,~om one spedfic ~own source, ~r example, 'a feed lot, a manu~g site or a~l~raI ~elds. .-PROTECTI·NG YO'UR PROPERTY' 'AND THE"E'NVIRONMENT: VEGETATIVE· METHODS FOR soIL' EROSION. CONTROL It's important for:you as a. homeoWner or potential home- owner .to be aware of the need to control.erosion, withoUt on-site vegetation protection to control soil erosion, your land may wash away. Lakes, . streams, and river, s .are als0 affected by m-off pollution caused bY soil erosion... 'VEGETATIVE STABILIZATION. as a Best'Management. PractiCe (BMP.) is the process of estabUsliing vegetation.- on a construction site regard[ess of the'size of the construction a~ea to prevent erosion. It can also be beneficia[ when Jnsta[Hng new landscaping or redoing landscaping in your back yard~ either by yon' or a'Mred contractor. . - ' .i, The first step-in erosion control on construction sites is to limit .ve~tetotfon clearing. ~ The next Step is'to re-establish vegetation as quickly as possible.. Temporary se~ding of annual grasses provides erosion*control on areas in between construction operations. They are quick to geminate and are seeded and mulched ~o provide prompt, temporary soil stabiliza- tion. Annual grasses such as oats, annual rye and winter wheat are recommended for use in Minnesota. VEGETATION STABILIZATION AND FUNCTION ~ . Vegetation protects soil f~om'e:osion 'by raLudrops, runoff,' Watei ·currents and wind., plants decrease the ' amoUnt Of .rainfall. dir. ectly impacting the' ground surface .by/ntercepting and holding a portion of the water on ' leaves and stems. As vegetation is.remOved and soil is · compacted by construction equipment, the Volume of runoff increases. What a difference a little vegetaffon makes... ~; Runoff volumes in UNDISTURBED vegetated areas are typically between 10 :to 20 percent of the' average. · annual rainfall, ~ In urban areas, Where surf-aces are highly impervious and soils, are compacted, tYPical runoff volumes are ~0 to 70 percent'.of the average annual, rainfall. -8895- NA'I/VE VEGETAl/ON ~ Grasses introduced from Europe and Asia have traditionally been used to establish vegetative cover on'.cdnstruction sites in*the Midwes{. However, many experts are now .specifying native grasses for critical area seedings. Although slower to establish, native species require less maintenance in the long run than non- native species. They are also better for water quality because they do not require the fertilizer that intro- duced species do. Since native grasses establish some- what slowly, cover crops such as oats ok winter wheat should be seeded with them to provide short-term erosion ~ontrol while they establish.' Because they develop very deep root systems, n~ative grasses and wild- flowers provide excellent long-term erosion control. ~ ' Mulching newly planted sites with hydro,mulch or straw'is also a good.idea. Native Planting should NEVER be fertilized; nor are soft amendments necessary-- unless soils are compacted. I~ so, soils should be. deep tilled or "ripped" to a'depth of 18-to-24-inches, in six-inches of compost filled to a depth of 12-inches or more. This will allow for deeper root - penetration. ~ The timing of.plantings might limit your options. When Construction continues into the fall season, a heavy mulch application is preferable to vegetative stabilization. DESIGN ~ 'A choice must be made whether vegetation will be established by seeding or Sodding. Selection of species for a specific site should be based on soils, moisture conditions, light levels, whether Or not concentrated flows will occur, land 'use~ and 'level of.maintenance. Seeding: Seeding costs less to establish with a wide selection.of seed mixes (both native a~d non-native)and is easier to install on different sites. Sodding: for final landscaping and in drainageways where high velocities can prevent grass seed from establishing. Sodding gives immediate erosion control, reduced chance of failure, fewer weed problems and a'shorter time interval until the-site can be used. Sodding can be 'used IMPLEMENTATION , Hydroseeding, often used for larger areas, can be utilized. , Temporary seeding .should be appUed on exposed soil where additional work (grading, .etc.) is not scheduled for more than 45 days. Temporar~ seedings of annual grasses may be used for up to I2 months to temporarily stabilize exposed areas. Soil amendments may be needed. ~ Permanent seeding should be applied' if the areas will be' idle for more than a year. ~ Idle areas.should be seeded as soon as possible after gradin~ or within seven days. ~ The seedbed should be pulverized and loosed to ensure success. -8896- ~ Establishing non-native plantings sometimes - requires a fertilizer ap.p. lication to initiate growth. A [E~.th_e_se n~~ to soil test recom- mendations. ,1~ Make sure that if soil compaction has occurred the soil is loosened before planting begins. MAINTENANCE OF SEED OR SOD · Seedings.',- ~ /,' ~ Seeded areas·-must be kept consis-. k~ tentl¥ moist fOr the first three weeks after ~lai~ting. Mulch aids in .retaining Soil moistUre. ~ · Areas Seeded in non-native grasses .should 'be mowed once or·tWice a year to prevent establishment of. woody plants.' I~' Native grass seedings should be mowed two-to-three .times the first year at a'height of six i~ches t6 reduce competition from annual weeds. They should be mowed once the second year~ and.bUrned or mowed every other year after that. Sod: ~. Turf sod..should be'kept'evenly mois~ for the first three weeks after being put down. ~ After establishi.n'§, itself, turf sod need not'be ~ratered during dry ,periods. It can be left to go. dorm~ant. ~ Turf' sod' will likely nee~l to be fertilized once yearly, Use .an organic fertilizer, applying according to directions. Source: £xcerpts taken from the 200I 14innesota Urban'Small Sites Blip t, IanuaI H & H Study Continues; continued from page t. he.groundwork for. developin~ a' method'of predicting ~~iv~.~=b~{~g transp~ surface waters (~akes; streams, and wetlands).' The most intense area of'work has been the stakeholder involvement phase. Having. divided the' District into'nine regions, a team of 5-to-10 peop~[e has b~en formed in each region. Consisting of residents, business owners, developers, and city staff, these teams' are meeting on a .quarterly basis to 'discuss impacts and possible solutions· to water resources in their spec/tic areas. This information will be u~e~i in the modeling and dec/sion-making process. It is 'estimated that'the entire project will tak three ·years. 4 MrKE WYATT !'S NEW MCWD DI'STRI'CT TECHNI'CI'AN Welcome to l~ike Wyatt, new District 'Technician in charge of permitting at the Minnehaha Creek Watekshed District (MCWI)). Wyatt.replaces Barb Moeller, who has taken an Environmental Coordinator posi- tion with the City Of Lakeville. Wyatt started.in Februanj 2.001 as an intern with the district and has quickly learned I~GWD!s procedures and processes. "As an intern, Nike demonstrated an innate ability to work well with both cities and applicants during the permitting process," says Eric Evenson, MCWD District Administrator. "He understands the mission of the watershed district as well as the needs . of munidpalities and individuals and tries to accom- modate them in a timely ,and thorough manner." Wyatt is currently .finishing 'his degree at the University of l~innesota, focusing on Biology, Political Science and Natural Resources. 'He chose these areas Of study in the hopes of gaining a broad-view under- standing of env/ronmental issues. Wyatt believes that .environmental concerns cross the boundaries of sdence, sociology, politics and economics and that his analytical abilities in these, areas will enable him to serve .the district's stakeholders well. "I feel that we have significantly begun to improve communications and relations with many cities in the district," Wyatt notes. ':And inmy new role as District Technician, I intend to work with other staff to form viable partnerships with local municipali- ties and other groups to achieve our comman goals -- water' quality preservation, management and improve- ment.'' He also believes it is important to continue improving the working relationship with permit appli, cants,' including developers and contractors, in order to streamline the'MCWD permitting process, which Will benefit everyone. Para' Blixt, 'MCWD Pre.~ident of the t~oa~d of Managers ~'W~l~o~ ~m- fi~v~'/t~/' as Kike Wyatt working with the district and look forward to his help in enhancing water quaUty." Wyatt, a native of the Minnehaha Creek Watershed · District, was born in Excelsior and educated in 0rono schools from age five. He enjoys outdoor activities such as rock climbin§'~ swimming, hiking, kayaking, and camping. He previomlyworked as 'a sailing and snowbOarding _ teacher with MinneapoLis Park & Recreation. SUI I'I £1I Lawn .(:.are- Tips Summer is when ·people often unknowingly, damage Very lakes they love by polluting them with phosphorous. (Phosphorous is in. anything that once Lived. This means s0il, grass, leaves and pst waste. Rainwater and' snow ru. noff can whisk'the mate. rial into storm drains. It is not treated!-It goes directly into area lakes, and streams.) TIPS FOR KEEPING PHOSpHORous OUT OF LAKES ANO STREAMS: . ~ OIRECT DOWNSPOUTS--Direct downspouts away from. impervious surfaces., (They can carry [eaves from gutters.) Make sure the water'from your gutters is directed.to the. lawn .where nutrients will be appreciated, I~ 'USE EDGING--So s0il stays .put around plants. I~ ,K~:EP SURFACES.CLEAN:_Keep leaves~', grass.cUp-.' pings and .other lawn. debris off.. driveways and sidewalks. I~ REMOVE' DEBRIS--Remove debris, from storm drains and bag it for collection. '. 1~ KEEP SOIL INTACT--To keep soil from' shifting, re- seed, plant ground cover, or use wood shavings or. mulch. over gr~sS,'not on hard Surfaces whe'r~' runoff occurs. ~ "DOUBLE BAG"PET WASTE--Put'it in the trash. I~ SAVE FERTILIZER UNTIL FALL--Ter:iLize: (if it's needed at all) :i~ mest effectively' applied in.the' falL. -OTHER TiPS'FOR CLEAN WATER: ' PhosphoroUs isn't the only.pollutant. Consider. the .environment when maintaining your vehicles and boats: J~ AVOID WASHING VEHICLES AT HOME--TIle dirty, soapy water flows i~to storm drains. ~nstead, use commercial car washes where water is .drained into sanitary sewers az{d t~eated before' discharge. ~ OISPOSE PROPERLY--Bring motor oil to free drop-off sites. Never Spill gas, motor oil, washer fluid, anti~freez& or other car-care products on hard surfaces or lawns. I~ CLEAN ON THE LAWN--Shake and wash floor mats on the lawn, not the driveway. . .. Para BLixt, President l~innehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road Excelsior, MN ~5331-g578 .B. oard of Managers - :::;' · MalcOLm Reid,. Vice President '. :. Monica Gr0sg~ Treasurer ,]ames r. alkins., .Dr..Robezt:$chrOeder ,' $cott.T~nornas ~4~ PRINTED ON'~00% POST'CONSUMER RECYCLED PAPER, 100% NON-DEINKED PULP, USING SOY INK. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 · Lance/~isher~ Se~.retary TONKA BAY August 16, 2001 Honorable Pat Meisel And City Council Members City of Mound 5341 Maywood Mound MN 55364-1687 Dear Mayor Meisel and Council Members: On September 11, 2001, the City of Tonka Bay will mark 100 years. To celebrate this momentous occasion, we will be holding a daylong celebration on Saturday, September 15, 2001 at Manitou Park, 5418 Manitou Road. This is our invitation to you, your staff, families and friends to join us as we celebrate. A schedule of the day's events is attached. Please call .City Hall at (952) 474-7994 for more information. See you there! Sincerely, Dougla~¥Keller Mayor -8900- TONKA BAY CiTY OF TON~ BAY CENTENNIAL CELEBRATION SCHEDULE OF EVENTS SEPTEMBER 15, 2001 -MANITOU PARK 7:00- 8:30 a.m. Set-up 8:30- 10:30 a.m. Pancake Breakfast 9:00 - 9:30 a.m. 2-mile Family Fun Walk 11:00 a.m. - 12:00 p.m. Vendor Set-up 12:00- 1:00 p.m. Minnetonka Clippers Chorus 1:00 - 2:00 p.m. Open 2:00 -3:00 p.m. Wild Cats 3:00 - 4:00 p.m. Open 4:00- 6:00 p.m. American Legion Dinner 4:00- 6:00 p.m. Doug's Band 6:30 - 7:00 p.m. Thank you's - Awards - Drawings 7:00 - 10:00 p.m. Tent dance - The Senders 10:00 p.m. - 12:00 a.m. Clean-up ALL DA Y EVENTS: Food/beverage vendors Children's Games Petting Zoo Antique Car and Boat Show Carriage Rides Games of Skill History Exhibit Commemorative Souvenir Sales Police & Fire Vehicles Medallion hunt Talent Showcase -8901 - HI-NOTES VOL IX NO 9 SEPTEMBER 2001 PRESIDENT'S MESSAGE August 22, 2001 Dear Members and Friends, Our membership is growing. We have over 100 new members since we opened the doors on the new Gillespie Center. Welcome to all and we hope that you will take the opportunity to join our activities. We will be starting six new activities this fall: Cribbage on Mondays at 1:00 pm, Watercolorists on every other Tuesdays beginning on September 4th, Touch Massage Therapy on the third Tuesday, U of M Extension Nutrition Classes on Tuesdays, Line Dancing for experienced and beginners on Thursdays, Lunch & Learn once.a month on Thursday. Along with our semi-annual Treasure Sale and the various trips in the works, we will have a very busy month. We also have a Book Club and Travelog Program in the planning stages. Please let us know if you have any other ideas for programs, services and trips. There will be a suggestion box in the reception area. Sign-up for classes and trips are at the reception desk. We are also excited to have opened our Gillespie Coffeehouse every mc~ining from 8:00 to 10:00 am. Everyone is welcome to our complimentary bottomless cup of coffee and rolls (donation encouraged for rolls). lease note the information in this newsletter about the Westonka Historical Society's Skunk Hollow Celebration. It should a great night. We will be having many trips this fall and wanted everyone to know that if they are leaving their cars during these all-day trips to please park in our lot closest to the street to leave adjacent parking for those who are short term visitors. If you want to drop in our fundraising project in the lower level you Will see our beautiful used and safe chairs. We are happy to have our workers have a comfortable, but safe, seat to work on. Lowell Olson, our Event Coordinator, has been very busy with bookings for our beautiful facility. As you are all aware, we will have to maintain and operate the building with fundraising and rentals. Lowell has developed a packet of information on the cost for rentals. If you or your family are interested in space for weddings, anniversaries, reunions, business seminars, etc, please contact him by calling 472-6501. Look forward to seeing you at the Center, Marilyn Byrnes President S Notice our new color of this newsletter is yellow and we will be looking for a new'name. If you would ke to propose a name, please put it in our Suggestion Box. A prize will be given for the name chosen. On The Lake Summer 2001 No Zebra Mussels in Lake Minnetonka - Yet! LMA Makes Stopping its SPread a High Priority It appears Lake Minnetonka has evaded infestation by zebra mussels for another year. The Lake Minnetonka Association (LMA) recently completed its annual study of the lake and reported that it found no evidence of the exotic species - at least, not yet. During the mid-June testing period, LMA volunteers collected water samples that were analyzed for zebra mussel veligers, the microscopic immature form of zebra mussel. Dick Osgood, LMA Executive Director, explained, "The sampling is designed to find zebra mussels if they are in the lake. Finding none, we are confident this gives Lake Minnetonka a clean bill of health, at least regarding infestation by zebra mussel." a little while. But once they get into our lake, they will cause tremendous damage to property and are virtually impossible to eliminate." The LMA volunteers are participating in a statewide program designed by Minnesota Sea Grant. The Lake Minnetonka Conservation District's Save-the-Lake Fund provides the financial support for the laboratory analysis. The mid-July samples are being evaluated and results will be available soon. "The LMA is dedicated to keeping zebra mussels out of Lake Minnetonka," said Osgood. "It is one of our highest priorities, because a zebra mussel infestation would be a disaster." The LMA is developing a work plan and budget, along with the LMCD, for a concentrated and strategic effort to keep zebra mussels out of Lake Minnetonka. Osgood went on to say, "Since the veligers may live in a lake for a year or two before adults are seen, we do not expect to have any problems with zebra mussels for at least For more information, see Dick Osgood's column on page 3. Have You Joined the LMA? We Need You. The Lake Minnetonka Association (LMA) is a non-profit, tax-exempt organization that relies on individual and business membership contributions for most of its budget. Grants are sometimes received for special projects, but most of our work is supported by people like you -- people who care about Lake Minnetonka and want to see it protected. Thanks to all the businesses and individuals who responded to our recent appeals for membership and 4th of July Celebration contributions. If you haven't joined yet, please use the form on page 5 to send in your tax-deductible contribution today. For more information, call Dick Osgood at 952-476-0883. Thanks! -8903- THANKS to the over 240s individuals and businesse who contributed to the 2001 Lake Mirmetonka 4th of July Celebration. Due to limited space in ~ this issue, we will print ~ the 4th of July ~ contributors list in the Fall THANK Members and Gontributors who responded to our recent appeals for memberships and 4th of July contributions. Your support is critical to the LMA's success. Listed below are the and businesses that have joined or renewed their memberships in the LMA since April 2001. Please call if left your name offthe list in error. Thanks! Business ($250+) Matthew & Cynthia Burns Curt & Carol Larsen Thomas & Carol Samuelson Don Stodola Well Drilling Frank & Kathryn Calta Norman & Elaine Larson Ron & Sara Sanders Mahogany Bay Collins Cavender Dave Latzke Peter & Kathy gawlckl ........... ._~ ~1..+ /-q I..~.~ .... Ell Captains ($500+) George & Sally Pillsbury Martha & Lachlan Reed Sustaining ($150-$499) Winston & Barbara Adams Don Beeler Lyle & Janis Berman James & Lynn Blakeway Richard & Terri Bowman Michael & Wendy Cariveau Daniel Durda Merrill & Shauna Ferguson John M. Hollern Thomas & Marl Lowe Gerald & Marilyn Mitchell Glenn & Marilyn Nelson Sue Ann Pirsch {~/iichael Reichert qll~ames & Susan Stuebner Sheldon & Jean Wert Michael & Barbara Wigley Basic (up to $149) Jonathan & Catherine Aanestad Mary Ellen Abramson Robert Amis Pete and Margie Ankeny Richard Atwood Jim & DeDe Barnum Kent Battles John Beal & Gayle Cobb Jim & Peggy Bear~ley Greg & Mitzi Bennis Carl Bergquist Steven Bernstein Marshall & Shirley Besikof Paul & Beverly Blomberg Gene & Muriel Boedecker Mike R Bolin Tom & Sharon Bozlinski Bob Buefler Brian Burdick & Bobby Bums Michael & Maureen Colbert Judy & Dick Corson Gene & Carol Dahlin Margaret Davis Patrick Delaney Alan & Carolyn Diamond James Dowds Jim Dustmde Patti & Bob Dykoski James & Melissa Easley Welles Eastman Ward & Donna Edwards Genevieve Eggen Kingston Fletcher Patricia Florance Bill & Katherine Fox Tom & Michelle Frahm Gerald & Mary Goodlnnd Candace Gordon & Tim McClellan Ron & Sandy Haberkorn John & Karleen Hagan Jim & Jane Hall Scott Hanson Ralph Hatch Jean Haverstock Bud Hayden Douglas & Martha Head Louise Heffelfinger Larry Hendrickson & Barbara Forster Ed & Mary Ann Hentges John & Joann Hinnenthal Marti & Art Horwitz Meredith & Richard Howell John & Rusty Huff Joseph & Mary Jester Robbin & Kristine Johnson Douglas Jolstad Lyle & Kath Kasprick Monica Kennard George Klein Darwin Klockers Barry & Julia Knight Jim & Juzanne Kuhlemeier Joe & Karen Larkin · Richard & Ann Leavenworth Donald & Joann Leavenworth Morris G. Levyl Jr. Christine Lindstrom William Hite & Lisa Smith Mark & Kati Lovaas Thomas Lowe R. Maas Gary MacHalec Ron & Dorothy Maki Ed Malone William Manning James McBride James.McEachran Edward & Kathleen McFadden Dan & Deb McGlynn Tom & Pat McGoldrick James & Linda Meffert ' Ted & Jeanette Metz Carol Moleski John Nagel Karl & Kathy Newman Steven & Joan Nielsen Kent & Lois Norby Tom & Jane Norling James Nystrom Dick & Marlys Ogle Ed & Charlotte Oliver William & Ann Olsen Douglas Olson Mitchell Olson Patricia Olson Alan Opheim George C. Owen Steven & Suzanne Pauly Bradley Peterson Warren & Connie Phillips Ronald Poole Donna & Cleo Powers Frank Precopio Thelma Pulver John & Linda Putnam Gary & Susan Rappaport Dan & Sherol Reece Audrey & Jason Richmond Donald & MaryAnne Ryks Robert & Sally Schneider Boyd & Karen Schreiber R. Schroer Gerald & Susan Schwalbach Audri B. Schwarz Ken & Katie Searl Michael & Sheila Seats Henry See James Shipstad R. Creager Simpson Bruce & Lisa Skjerping Yale Smiley Jim & Karen Smith Phillip & Jennifer Smith John & Arlenne Soranno Richard & Judith Spiegel Rick Stark Carol Stauter James Steiner A1 & Elaine Stender Gregg & Kathleen Strandmark Sandy Strommen Patrick & Patricia Strother Harry & Virginia Sweatt Douglas & Ann Sweet Bob & Barb Sykora Tim Thoele John Timberg Lynn & Carol Truesdell Gedney & Emily Anne Tuttle Alan Upin Robert Van Tassel Jim & Sharon Walker Brian & Lise Waller Kent & Ruth Warden Thomas & Barbara Warner Peter Wattson Marshall & Beverly Weber Karl & Julie Weisenhorn J. Kimball Whitney Patricia Williams Bill & Mary Winter Cal& Lori Wright Rosita & William Wright Jack & Diana Yost Charles & Cleo Zalk Alan & Bonnie Ziskin IOn the Lake Page 2 1 -8904- Milfoil, Mussels & Motorboats . by Dick. Osgood, Executive Director The LMA has an expanded and this technology is not yet here, our positive results enthusiastic Board of Directors that participation in this work will help to demonstrated is focusing on three priorities - assure Lake Minnetonka is at the top elsewhere in the milfoil, mussels & motorboats. We of the list when it becomes available, country. The '~' have' heard trom our memuers anc~ ~ LMA i~ w~lkil,~.,~.;ii~' ih~-Mhm~u/:~ ......~ others who love Lake Minnetonka that these issues demand our attention and positive action. MILFOIL We know milfoil is a problem and we have learned there are limits to what can be done to control milfoil in our lake. The LMCD's harvesting program does a good job keeping navigation lanes and other public areas open, but there is a limit to how much milfoil can be harvested. Likewise, individuals can control small areas of milfoil next to their lakefront property. But milfoil remains a widespread nuisance in Lake Minnetonka. Milfoil can be treated more aggressively with new methods. The LMA is pursuing the following alternatives under development for managing milfoil: 1. Weevils w LMA volunteers are working with Professor Ray Newman of the University of Minnesota, with financial support from the LMCD, to inventory areas of Lake Minnetonka where milfoil weevils are growing. Prof. Newman is working to develop weevils as a tool for more comprehensive milfoil control. While the application of 2. Fluridone- This selective herbicide (meaning it kills milfoil and not native plants) has been used successfully in Michigan and other states for lake-wide milfoil control. Fluridone is also known as the products SONAR and Avast. Lakes Association to develop a state- wide policy on the use of fluridone. ZEBRA MUSSELS No one wants zebra mussels in Lake Minnetonka, as the exotic species is much more than just a nuisance - it · causes real damage to property. Property and boat owners along the Mississippi and St. Croix Rivers can attest to the impact of zebra mussel. LMA volunteers are trained to identify milfoil weevils. Pictured (from left, clockwise): Fred Fey, Shirley Eidem, Prof. Ray Newman, Dean Eidem, Sue Hallin, Josh Sebasky and Linda Boll. Not pictured: Joyce Humbolt. The Minnesota DNR has selected three lakes for test herbicide applications in 2001 and will study the herbicide's impact on those lakes in 2002 through 2004. If the herbicide passes the tests, it may be made available for general use in 2005 at the soonest. While there is a legitimate call for caution, the LMA believes this program is too slow in light of the While the zebra mussel has not yet been found in Lake Minnetonka, the LMA believes it is only a matter of time before the lake will be infested. That's why the LMA has made it a priority to work on keeping zebra mussel out of the lake. Given the vast number of boat accesses to the lake and how heavily Lake Minnetonka is used, the LMA recognizes that keeping zebra mussels out of Lake Minnetonka will take a systematic, comprehensive strategy. To that end, the LMA is working with the Lake Minnetonka Conservation District to develop an aggressive protection program for Lake Minnetonka. Osgood, continued on page ISummer 2001 Page 3 I -8905- ~ ~ts executive 6irector, u~c~ of the Osgood, were named ,,Producer Quarter" by the Lake Minnetonka comenunieati0ns Commission. Catch the LM~'S programs on ca~,ie Channe! 21. Y ou'11 find intermews with Dick Osgood anti re.broa6casts of the LMA' s Lake Management ~_Training Sessions. ------ Osgood, continued from page 3 We know two things at this time: 1) We cannot delay - putting together a credible and workable protection program will take time and effort. 2) Developing this program will professional assistance. plan and schedule have been agreed upon. Phase One of the project will require a significant investment from LMA staff. The two organizations are working on a fundraising strategy to jointly fund and administer the project. MOTORBOATS Lake Minnetonka is the most heavily used lake in Minnesota. According to a MN DNR survey, Lake Minnetonka has 16 watercraft per 100 acres during peak-use times. This compares to only one boat per 100 acres in the Brainerd Lakes. Despite this heavy use, Lake Minnetonka is also safe. We credit the good job by the water patrol for keeping our lake safe. there is not a crisis today, the trends in lake use are concerning. Boats sizes are increasing, boat access is increasing, user conflicts are increasing and the overall enjoyment may be decreasing. Many of our members have brought these concerns to the attention of the LMA Board of Directors. unnecessary increase in lake use. LMA's official position is printed in the box on this page. The LMA will continue to develop positions and policies to address our growing concern about the use of Lake Minnetonka. The Board is wrestling with this complex issue, aiming to reach a balance. On the one hand, our members are attracted to the lake because of its beauty, size and the opportunity for diverse recreation. On the other hand, we don't want to love our lake to death. One aspect of this issue concerns the development of marginal areas around the lake that are not now considered part of the lakeshore. There are numerous wetland and upstream areas that are attractive for development, especially if they can offer access to Lake Minnetonka. In addition to possible adverse environmental affects, the LMA Board has taken a position opposed to such development because of the How can you help? LMA members and friends can help by sending tax-deductible contributions to support these worthwhile efforts now. All contributions are welcome. We need to raise funds for these programs now, so we can stay active and aggressive in addressing the LMA's priorities. If you are not yet a member of the LMA, please join today. If you are a member, consider an extra contribution. Please call me at 952- 476-0883 with your comments and questions. Thanks! LMA Position Statement, adopted June 2001 "Lake Minnetonka is the most heavily-used lake in Minnesota. Demand for access to Lake Minnetonka continues to grow, thereby jeopardizing safe and enjoyable use of the lake. Pressure is growing to develoP marginal lands and tributary areas on and around Lake Minnetonka, which essentially wouM expand the shoreline of Lake Minnetonka and create new motorized.watercraft access points to the lake. The Lake Minnetonka Association opposes any proposal or development that would expand the shoreline of Lake Minnetonka and provide motorized watercraft access to the Lake from a tributary that is outside the current'shoreline of Lake Minnetonka. " iLake Mirmetonka Association Page -8906- LMA Welcomes New Board Members The Lake Minnetonka Association is pleased to announce that five individuals have accepted the invitation to become new Board members. They join Bob Beutler and Candi Stabeck, who agreed to continue serving on the Board of Directors. We thank Bob and Candi for their continued commitment t° the L~i Th~ alS0 to Kathy Timberg; Who r%ently ' left the Board. Read on to meet the new Board members and learn their thoughts on serving the LMA: Mike Mason Mike is an environmental engineer with Liesch Associates. "I have lived on Phelps Bay since 1991. My love of water and fishing led me to a career as a freshwater biologist and an environmental engineer. I enjoy fishing on the lake as well as fly-fishing for trout. I am a certified SCUBA diver and have recently joined a SCUBA diving club that dives in Lake Minnetonka every weekend." Mitch Olson Mitch is owner of Synergetic Resources, a facilitator of development workshops for organizations and individuals. "I grew up camping, fishing and boating on Minnesota lakes and always wondered where the rules and regulations came from and why they were there. When we moved to Carman's Bay in October 1999, I realized I had no idea what I could or could not do with lake property. "Volunteering for the LMA's Lake Minnetonka Citizen's Monitoring and Education Network answered my questions and built a desire within me to help balance and preserve recreation and the environment on Lake Minnetonka. Service on the LMA Board is giving me the opportunity to take that next step." Jane Best Regnier "I have been involved with the Lake Minnetonka Association since it was the LMLOA. I have respon~bU~ of protoctin~ our ~oat l~e ~d ~u~ound~n~ ~oa. Keopin~ ~ ~innoto~a ~afo, oloan ~d reasonably used ~e impo~t to me. L~ is in fine h~ds with its new leadership ~d enthusiastic and cool,ed Board." Carol Stauter Carol is regional manager for manufacturing equipment. "We have such a beautiful resource (Lake Minnetonka) right in a major metropolitan area. I am interested in sustaining the lake area as a natural resource and a clean and safe recreation area. I believe the LMA is a great association to be part of to see that this happens." Gedne¥ Turtle Gedney is chairman of the M.A. Gedney Company, from which he retired as CEO in 1998. "I lived with my late wife, Mary, and three sons on Bryant Lake in Eden Prairie for 19 years. About two years after she died, I married Emily Anne Staples and we moved to our present home on Browns Bay. We have lived here for over six years. Having been closely involved with lake. activities for over 26 years, I have learned how important it is to protect these precious waters through the concerted efforts of organizations like the LMA." I JOIN THE LMA TODAY! I I Please complete this form and mail it with your tax-deductible contribution to the Lake Minnetonka Association, I P.O. Box 248, Excelsior MN 55331. Make your check payable to "LMA." Thanks! I I Name(s) I I I ! AddresS I I City Zip Code I I I I Phone (home) Email I I I I Basic $50 - $149 Sustaining $150 - $499 Captain $500 + I I Business $250 Other or Additional $ TOTAL $ I ~he LMA is a 501(c)(3) tax-exempt organization. For more information, call 952-476-0883. I -8907- Hennepin County Memo DATE: TO: FROM: SUBJECT: August 29, 2001 Urban Hermepin County Cooperating Commumties Gregg Davies, [ff~ctmg Senior Administrative Manager, Office of Planning & Development URBAN HENNEPIN COUNTY CDBG PROJECT STATUS REPORT- JULY 2001 Accompanying is the July 2001 Urban Hermepin County CDBG Project Status Report (PSR). A Single Family Rehabilitation Client Status Report will be provided with the October PSK for communities in which Hennepin County administers the program. Expenditure Goals and New PSR Format: In order for us to meet HUD's timeliness goal, we must spend down our entitlement funds so that Hennepin County's remaining balance as of May 1, 2002 is no greater than one and one-half times our 2001 allocation of $3,583,000. In other words, we must draw down $3.4 million entitlement funds before May 1, 2002 so that our unexpended balance is no more than $5,374,500. With this goal in m/nd, we have redesigned the CDBG monthly project status report so that each city's rehab and non-rehab activities have specific targeted goals for unexpended balances as of the May 1, 2002 timeliness deadline. (We have determined each city's targeted goal by its proportional share of the overall 2001 allocation.) With the execution of our subrecipient agreements nearing completion, the enclosed July project status report includes each city's 2001 allocation. On the right side of each city's report, summary calculations show current budgets; expenditures, and fund balances. Targeted balances and the minimum expenditures requ/red to spend funds down to those balances are also shown. As program income is received and a city's rehab or non-rehab budgets are increased accordingly, that city's cumulative program income total will also be provided. From month to month, each city's targeted balances will remain the same. However, throughout the year, as we receive program income and process warrant requests for payment, each city's required minimum expenditures will change. Please stay in touch w/th Jim Ford, Jim Graham, Mark Hendrickson, Rod Waara, and other members of our staff so that we may help as you develop strategies to insure that you are successful in meeting or exceeding your timeliness goals. HENNEPIN COUNTY OffiCE Of PLANNiNg & DEVELOPMENT, DEVELOPMENT PLANNING UNIT 10709 WAYZATA BOULEVARD, SUITE 260, MINNETONKA, MN 55305 MAIL CODE: 604 PHONE: (952) 541-7080- FAX: (952) 541-7090-TDD/TTY: (952) 541-7981 -8908- August 30, 2001 Office of Planning & Development Page 2 Please review the enclosed CDBG Timeliness Bulletin, which offers suggestions and idemtifies those critical elements that contribute to the administration of a timely CDBG program. As we move closer to our May deadline, if yoU have expenditures that w/Il put you below your targeted balance, please go ahead and submit additional warrant requests for payment so that you wi]] receive your re]rnburgemeut.q a.q m~icklv ~.q nn~.~ihle Ynur ~ctrt~lSnu~l e~r~.urtimra~ w~.l.1 ~,~tn~.~ mat much farther ahead in meeting 0~ ongoing'overall timel~eS g°ail Single AUdit: Cities with total federal expenditures in excess of $300,000 for the 2000 fiscal year must conduct a single audit. Please submit a copy of the audit to this office if you have not already done so. 'Consolidated Annual Performance and Evaluation Report (cAPER): A draft of thc 2000 CAPER on suburban Hennepm County housing and community development programs will bc available September 4, 2001 for public comment. The report covers program activity from July 1, 2000 to June 30, 2001. Thc final report will be submitted to HUD at the end of September and after HUD approves it, will be posted on the county web site. Please contact me at 952-541-7071 or your CDBG representative if you have any questions. Enclosures cc: Public Service Agencies -8909- -8910- CDBG U.S. Department of Housing and Urban Development Office of Community Planning and Development TIMELINESS BULLETIN F.or more than. 25 years, the Community Development Block Grant (CDBG) program has been assist- .rog .metropolitan cities and urban counties across this country fund their community and economic ctevelopment activities. Approximately 1,000 entitlement communities participate in the program, which provides great flexibility and local discretion in the selection of activities to be assisted. CDBG is a major force in expanding the Nation's affordable housing supply. Rehabilitation and other housing activities comprise more than one-third of pro- gram expenditures. CDBG is used as a catalyst to eXPand employment anct economic oppormuities for lower income persons· CDBG is further used to meet the physical and social service needs of under-served, dis- tressed neighborhoods. Approximately 94% of CDBG funds spent during Fiscal Year 2000 principally ben- efited low- and moderate-income persons. As part of the mandate from Congress to administer the CDBG Program, HUD is required to determine annually whether each CDBG entitlement grantee is carrying out its activities "in a timely manner" The Dep. _a._r'anent became concerned when the number of grantees not in compliance with the timeliness provision signiIicantly increased since slow implementation of activities delays the delivery of program benefits to the neediest in the community. In light of the seriousness of the situation, HUD sought to attack the problem on multiple fronts. 1~t By advising grantees and HUD staffof the priority the Department places on the timely drawdown of CDBG funds; 2"d By creating a mechanism in the Department's computer based Integrated Disbursement and Information System (IDIS)that grantees can use to check up on their own timeliness; 3rd By providing technical assistance to grantees to improve the timely performance of their individual grant programs; and 4th By convening a series of four conferences with workshops on various topics that affect timely performance. One of the conferences was exclusively for large entitlement grantees that were untimely. The workshops at the conferences were conducted by grantees meeting the timeliness standard, who provided peer-to-peer advice and guidance. HUD's initiatives have proven very successful. The number of untimely grantees has been reduced by 34%. We congratulate those grantees who have come into compliance with the timeliness requirements. Furthermore, as part of this effort, HUD also acknowledged that a significant number of CDBG entitlement grantees has been consistently timely over long periods of time. Therefore we also like to take this opportu- nity to congratulate the 369 entitlement grantees that have been timely every year for at least the past 7 years. In addition, we wish to thank three public interest groups, the National Community Development Associa- tion, the National Association for County Community Economic Development, and the National Association of Housing and Redevelopment Officials, who p~,a[t_ icipated with HUD in sponsoring these conferences. We appreciate their overall support in assisting HUD s efforts to address this important issue. We hope that grantees, in reading this bulletin, will grab on to those ideas and concepts that can be implemented locally and use this as an opportunity to weave the issue of timeliness into local program management practices. For those grantees who remain untimely, this bulletin provides useful information to assist/n identifying the reasons for untimeliness. We encourage you to work at the local level with HUD staff to resolve those issues that hinder timely performance. -8911- Comparison of Timely and Untimely CDBG Entitlement Grantees at the End of FY 1999 Untimely 28% Timely 72% Comparison of Timely and Untimely CDBG Entitlement Grantees as of the End of FY 2000 Timely for Past 7 yrs. 43% Untimely imely -8912- Monthly Number of CDBG Entitlement Grantees'> 1.5 During FY 2000 ~70 260 200 ~t~O 170 160 r'r~he purpose of this bulletin is to share with ~rantees HUD's commitment to continue to assist grantees to [ carry out their activities in a timely manner. This bulletin offers important guidance on how to carry .1. out a timely program, based on the experiences of panelists and participants at the four conferences. HUD, through its Commun/ty Plauuiug and Development staff in field offices across the country, continues to be available to provide grantees with technical assistance to resolve timeliness issues on a one-on-one basis. Reasons for Untimely Performance: There is no single reason why CDBG grantees are untimely in carrying out activities. Timeliness does not depend on size of community or size of grant. Timeliness is not regional in nature; grantees from all across the nation are untimely in proportion to their geographic numbers. Urban counties, however, do have a greater propensity to be untimely than do metropolitan cities. A variety of grantee management and capacity issues play a role in the timeliness problem, such as: · staff turnover, vacancies in key positions; · inexperienced operating agencies; too many subrecipients with too small grants; · bankrolling of CDBG funds until sufficient funds are on hand for larger projects; · failure to draw funds down on a regular basis; and · complicated local review or approval processes that may delay both activity implementation and drawdown of funds. Because of the myriad of reasons for untimely performance, there is no single solution to the timeliness problem. Each grantee must identify and address the problem in the context of theft: own program and com- munity. -8913- Timeliness Conferences B~etween April and S. eptember, 2000, HUD and its public interest group partners, held four timeliness conzerences, one of wkich was exclusively for untimely large entitlement grantees. The conferences had a similar format and offered workshops on various issues that affect timeliness. The workshop panelists were pra?itioners from. local.governments and provided the opportunity for peer-to-peer interaction. Each panelist TIMELY PRACTICES IDENTIYIED IN CONFERENCE WORKSHOPS The following represents, in synopsis form, the key advice and guidance provided by workshop panelists as they identified those critical elements that contribute to the administration of a timely CDBG program. Administrative Issues, Oversight, Staffing Draw down funds on a regular basis Develop a schedule for each CDBG funded activity that includes a time-line for estimated draws Review expenditure of funds for each activity quarterly Require that alt operating agencies provide progress reports on a prescribed basis Streamline processing of requisitions; make sure all funded agencies know what support documentation. must be provided Establish responsibility for regular staff review and oversight of program progress Operate with a diminimus rule on the dollar amount of funds provided to neighborhood groups and operating agencies Staff up to match.program size including program income received on a regular basis Determine which projects are problematic and why. Have a recapture list. Keep available a list of back-up projects which have akeady gone through the citizen participation process to fund when program income unexpectedly becomes available, or activities fall out or come in under budget Reallocate funds mid-year so that there is less of a time lag for obhgations and expenditures Input data in IDIS no less frequently than monthly Program Management ® When developing a Consolidated Plan: a, select activities that are ready to go ,a also include a list of back-up activities a, scope out the activities in advance so that you know when, who, what, and where by the time the grant is awarded · a~ identify the stumbling block(s) for each activity in advance and be prepared to deal with them ® Stretch your CDBG dollars by using Section 108 Loan Guarantees or the pre-award costs provisions ® Phase large activities, using funds from different program years so that money is not sitting around waiting for later stages of activity -8914- Start environmental reviews early Request release of funds before the grant is awarded so the activity can move immediately Evaluate past performance of operating agencies prior to refunding Provide technical assistance to individuals and agencies new to the program Train staff on a regular basis to keep the program fresh Be pr~p~ed to use p;~m inC°~ ~mmptiy ..... ® When using a.revolving fund, if the volume of activity does not keep pace with the amount of funds available, either increase activity or reprogram the surplus funds ® Check the timeliness report in IDIS on a regular basis to determine current drawdown status ® Run competitions for funding of different types of activities; rank all proposals for funding based on objective criteria · Follow-up on timetables and schedules for all contracts · Use float loans judiciously. Be prepared to use the program income promptly Dealing with Subrecipients · Establish competitions for funding; use rating criteria which include ranking the agency's experience and capacity for carrying out the activity in a timely manner · Add selection criteria that include site control and commitment of needed leveraged funds · Build up the capacity of neighborhood groups seeking CDBG funding before funding their activity ® Require progress reports before requisitions can be approved · Use a boilerplate subrecipient agreement, that can be altered to fit the situation · Establish a minimum dollar threshold for assistance · Be willing to take the-money away when the subrecipient does not perform or meet established targets. · Do not necessarily wait until the end of the program year to recapture funds from slow spenders ® Establish staff responsibility for subrecipient oversight for specific entities · Do not allow subrecipients to stockpile money from multiple years to undertake an activity. · Phase the activity over several years, if necessary, rather than bankroll runds · Conduct site visits to subrecipients to review client files, financial management records, and progress · Require public service agencies to submit monthly 'reports and invoices · Maintain regular contact with all subrecipients to provide technical assistance whenever necessary · Limit the number of projects a subrecipient may undertake' each year · Orient local officials to funding specific projects/activities, rather than specific organizations Urban County Issues · Provide local units of government sufficient funds to carry out a workable project; fund smaller units on a two to three year cycle to make this possible or phase projects into useable units ®' Provide technical assistance en masse to local governments prior to funding and in one-on-one sessions during the program year -8915- ® Negotiate projects to be funded; select proj~ts ready to go · Select activities that can be done within 24 months · Conduct environmental reviews, contracting, and procurement for participating units of go-vernment to speed up process · Encourage drawdowns on a regular basis 0 Assess the capacity of the local units of government to carry out'an activity. In ¢orne in~tanee¢, carry out · Reward good performers; withdraw funding from poor performers Project Design · Keep the project design simple to minimize the number of steps that have to take place for the project to happen · Preview model programs developed by other grantees, rather than always reinventing the wheel · Identify project pitfalls and work to eliminate as many as possible · Scope out the project design by the time of the citizen participation process · Require that the project be flushed out when requests for funding are submitted by operating agencies · Consider end users' needs in the project design Dealing with the Local Governmental Process · Make key players buy-in to the activity early in the process · Depoliticize the distr/bution of funds as much as possible by holding competitions based on objective evaluation criteria · Avoid or amehorate the pitfalls, of your local government's approval processes that are very time consuming · Establish a routine process for obtaining necessary local approvals, i.e,. zoning, environment, historic preservation, city council · Develop cooperation agreements with other city agencies that, among other things, require them to carry out CDBG funded activities in a timely manner Dealing with Large Complex Projects ® Designate a project manager ® Phase the project and funding for the project in reasonable size segments that can be readily carried out · Use the Section 108 Loan Guarantee Program ® Use the-provisions for pre-award costs to get reimbursement from CDBG funds · Develop time-lines, progress and drawdown schedules for each segment of the activity ® Promote buy-in at the local level early in the planning stage ®. Identify the required local approvals and possible p/flails Tricks of the Trade · Manage the Consolidated Plan Process so that by the time the plan is in front of citizens, the activities are well thought out -8916- ® Identify additional activities in the Consolidated Plan that Mil be available for unexpected prog[..am income or When a project is not ready to proceed on schedule ® Conduct environmental reviews and request release of funds for projects before the Consolidated Plan has been approved ® Don't be afraid to reprograrn funds; develop a recapture list on a regular basis ® USe mid-year amendments, rather that waiting for the once-a-year Consolidated Plan hearings · ~:_~or~k~.on.~_3.,~_to: 5,_y~ar.~indo~.,~shuffiing_projec~.among_~pr~.gram-ye~s. dep ending-on ~sea,~i~ess · Reward good performance and deny participation to entities lacking capacity · Include objective measurements of past year's performance in selection criteria · Build up capacity before providing CDBG funding · Draw down fi.rods and make entries in IDIS on a regular basis · Have at least one back-up person trained for IDIS entry · Provide regular oversight of operating entities · Provide workshops for operating agencies · Check your current drawdown ratio regularly in IDIS · Manage the local political process; get the politicians to buy-in to the program and agency selection process Developing a Workout Plan · Top management should be involved in the development of the plan so that they have a vested interest in making it happen · The plan should show how the grantee will meet the 1.5 timeliness performance standard by a specific date and identify all the actions the grantee eXPects to take to meet the specified timetable. Such actions may include hiring of staff, letting of contracts, and receipt of matching funds · The plan should include projects which are slow moving but which will be continued, as well as funds available for reprogramming · The plan should be realistic · The plan should include a timetable for all actions that need to take place, including specific dollar disbursements · Submit quarterly reports to HUD on the status of actions including disbursements necessary to carryout the plan · Grantees should review progress against the plan at monthly progress meetings, so that it can determine whether it will meet quarterly projections and what actions are necessary to keep t° the schedule · Revise the workout plan as often as necessary to reflect actual progress · Run the timeliness report in IDIS on a regular basis keep track of the current drawdown ratio Hopefully the information provided in this bulletin will assist grantees incorporate ideas and concepts into local program management that will lead to the timely expenditure of Community Development Block Grant funds. 1/01 -8917- LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Kandis Hanson Chief Len Harrell Monthly Report for August, 2001 STATISTICS/ The police:department responded to 825~:calls!for serVice during the month of August. There were 47 Those offenses include 1~ cr~l ~ex~ ~9_nd!lct, vehicle theft, and 30 larcenies. liquor laW'Violatiohs, 2 ~DUI's, 3~simple assaults, 4 domestics (2 with assaults), 5:harasgme~t;'i ~ 26 ~oth~:o~enses. The patrol di~sion iSSUed 123 ad~ ons and4 juvenile citations. Parking issued to Warnings were There arrested for misdeme arrests. The injuries. There were 28 Mound assisted other assistance on 4 -8918- MOUND POLICE DEPARTMENT MONTHLY REPORT- August, 2001 II. INVESTIGATIONS The Investigators worked on 4 criminal sexual conduct cases in August. O~r~cases~nctude&xob~ary;~assautt;~~en~~ domestic assault, vulnerable adult, damage to property, fraud, violation of order for protection, NSF cheeks, forgery, death investigations, alcohol violations, fleeing police, vandalism, false information to police, and absenting. Formal complaints were issued for gross misdemeanor DWI's, minor consumption of alcohol, gross misdemeanor false identification, assault, barking dog, obstructing fight of way, noise in residential area, worthless checks, driving after suspension and revocation. III. PERSONNEL/STAFFING The department used approximately 127 hours of overtime during the month of August. Officers used 73 hours of comp-time, 118 hours of sick time, and 334 hours of vacation and 2 holidays. Officers earned 66 hours of comp time. IV. TRAINING The department provided in-service training in the form of defensive tactics training. All officers also attended an "Active Shooters" course with the surrounding departments and the county to address possible school situations. V. COMMUNITY SERVICE OFFICER cso salter handled 333 calls for service including 24 animal complaints, 62 ordinance violations, and 242 miscellaneous calls. Five citations were issued. VI. RESERVES The Reserves provided 95 hours of service to the community in August. The Reserves currently have eight active members. -8919- MOUND POLICE DEPARTMENT AUGUST O~'Le~SES CLEARED EXCEPT- ~ BY /%~J~STED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV Homicide 0 0 0 0 0 0 Criminal Sexual Conduct 1 0 0 0 0 0 Robbery 0 0 0 0 0 0 Aggravated Assault 0 0 0 0 ,0 0 Burglary 9 0 0 0 0 0 Larceny 30 0 4 1 2 0 Vehicle Theft 7 0 0 0 0 0 Arson 0 0 0 0 0 0 TOTAL 47 0 4 i 2 0 Child Abuse/Neglect 0 0 0 0 0 0 Forgery/NSF Checks 2 1 0 0 0 0 Criminal Damage to Property 4 0 0 0 0 0 Weapons 3 1 2 0 0 0 Narcotic Laws 1 0 0 1 1 0 Liquor Laws 11 0 0 11 7 10 DWI 2 0 0 2 2 0 Simple Assault 3 0 2 0 0 0 Domestic Assault 2 0 0 1 2 0 Domestic (No Assault) 2 0 0 0 0 0 Harassment 5 1 1 0 0 0 Juvenile Status Offenses 0 0 0 0 0 0 Public Peace 4 0 1 3 3 0 Trespassing 1 0 1 0 0 0 Ail Other Offenses 21 0 0 7 7 0 TOTAL 61 3 7 25 21 11 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTA~ 6 3 0 28 53 15 55O 655 HCCP Inspections TOTAL 0 62 825 11 26 23 11 -8920- MOUND POLICE DEPA/~~ CRIME ACTIVITYREPORT AUGUST 2001 GENERAL ACTIVITY SU~Y Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts MONTH DATE TO DATE 65 433 869 51 330 228 9 106 196 19 345 478 73 565 730 9 366 217 2 46 49 2 44 41 6 71 70 3 13 19 0 0 1 2 18 15 31 249 250 0 16 11 11 139 96 47 301 195 61 554 507 28 227 228 53 425 427 62 277 277 550 4,555 3,126 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,084 9,080 8,030 40 332 646 22 426 284 0 23 34 15 103 156 4 48 51 -8921- MOUND POLICE DEPARTMENT AUGUST 2001 CITATIONS ADULT JUVENI~ DWI 2 More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt Overweight Vehicles Miscellaneous Tags TOTA3~ 2 0 1 0 5 0 0 0 58 4 2 0 0 0 20 0 0 0 1 0 0 0 2 0 0 0 4 0 0 0 1 0 9 0 1 0 3 0 1 0 1 0 0 0 10 ~ 123 4 -8922- MOUND POLICE DEPARTMENT AUGUST 2001 Insurance 15 1 Traffic 11 0 Equipment 6 1 Crosswalk 0 0 Animals 2 0 Trash/Derelict Autos 37 0 Seat Belt 0 0 Trespassing 0 0 Window Tint 0 0 Miscellaneous 9 1 TOTAL 80 2 W~=RRANT A/{RESTS Felony 0 0 Misdemeanor 10 0 -8923- MOUND POLICE DEPARTMENT - INTEROFFICE MEMO DATE: September 5, 2001 TO: Kandis FROM: Michelle Salter/CS0 SUBJECT: 3149 Inverness Lane Kandis, AttaChed to this memo you Will find a copy Of the letter sent to Mr. John Miller, owner of the infamous semi- trailer. Per ordinance, he has until September 16, 2001 to remove the trailer. If he fails to do so I shall inform you and the Council. After that the Council may go ahead with abatement proceedings. Here is a quick summary of Mr. Miller's past dealings with the police department regarding the semi-trailer: June 26, 2001 - Citation issued for violation of Mound City Ordinance 350.760s4 February 4, 2000 - Citation issued for violation of Mound City Ordinance 350.760s4 June 12, 1999 - Formal Complaint sent to County Attorney regarding violation of Mound City Ordinance 350.760s4 I'll get back to you when the warning expires. Thanks, Michelle -8924- LEN HARRELL Chief of Police September 5, 2001 Mr. John Timothy Miller 3149 Inverness Lane Mound, MN 55364 MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 Mr. Miller: I am writing in regards to the sepal, trailer that is parked on yo~?roperty. As explained in prior conversations, the semi/-trailer exceeds Mound City Qf~lihanee 350.760s4. This ordinance states "no motor vehicle over one ton capacity bO/'ing a commercial license shall be parked or stored in a platted residential district except when loading, unloading, or rendering a service". Please consider this letter to be a written warning instructing you to remove the semi- trailer from the property. The semi-trailer must be removed by September 16, 2001. If you fail to comply with this. Mound City Council and ask that they provide for abatement ofthe:~nui~anee; to Mound City Ordinance 1000.25. If you have any questions pl~ase)cal!' :(95'2);~[7270621. Sincerely, Michelle Salter Community Service Officer -8925-