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2001-10-09PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA MOUND CITY COUNCIL TUESDAY, OCTOBER 9, 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. OPEN MEETING - PLEDGE OF ALLEGIANCE APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA *A. *B. *C. APPROVE MINUTES: SEPT 25, 2001 REGULAR MEETING APPROVE PAYMENT OF CLAIMS APPROVE PLANNING COMMISSION RECOMMENDATIONS 1. CASE #01-26 CASE #01-31 BRENSHELL HOMES 1642 GULL LANE MINOR SUBDIVISION VARIANCE - LOT SIZE 2. CASE #01-37 SWENSON 4865 ISLAND VIEW DRIVE VARIANCE - FRONT YARD SET BACK *D. APPROVAL OF AWARD FOR SNOW REMOVAL CONTRACT *E. APPROVAL OF LOW QUOTE FOR PHASE II FOR PORTIONS OF BALBOA SITE *F. APPROVAL OF RESOLUTION APPROVING THE FORM OF THE LEASE PURCHASE AGREEMENT WITH ZIONS FIRST NATIONAL BANK FOR COMPUTER HARDWARE, COMPUTER SOFTWARE, MAILING MACHINE AND SCANNING DEVICE, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. (LIMIT TO 3 MINUTES PER SPEAKER.) PAGE 9146-9150 9151-9163 9164-9165 9166-9173 9174 9175-9191 9192-9222 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. PUBLIC HEARINGS A. CASE #01-21 JONATHAN PAUL 4679 W-ILSHIRE BOULEVARD KELLS LANE STREET AND EASEMENT VACATION Bo PUBLIC UTILITY CUSTOMERS WITH UNPAID WATER AND SEWER BILLS, WITH ACTION ON RESOLUTION ADOPTING DELIQUENT WATER AND SEWER ASSESSMENT ROLL IN THE AMOUNT OF $88,647.61, TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8%, LEVY #15278 Co CBD PARKING MAINTENANCE PARTICIPANTS, WITH ACTION ON RESOLUTION ADOPTING 2001 CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $3,707.27, TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST, LEVY #15279 METROPLAINS DEVELOPMENT ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DETERMINATION OF NEED FOR EVIRONMENTAL IMPACT STATEMENT (EIS) ACTION ON METROPLAINS DEVELOPMENT - MOUND VISIONS 2ND ADDITION FINAL PLAT PLANNING COMMISSION RECOMMENDATIONS A. CASE #01-30 METROPLAINS DEVELOPMENT VILLAGE BY COOKS BAY, LLC 5600 LYNWOOD BOULEVARD VARIANCE - CELL TOWER 9. REQUEST OF LETTER SUPPORTING ACQUISITION OF RAIL CORRIDOR 10. INFORMATION/MISCELLANEOUS B. C. D. E. F. G. H. LMCD correspondence Mound Westonka school district correspondence Gillespie Gazette AMM Fax News Report: Mound Police Department Sept 2001 Letter: Congressman Ramstad Report: Building Permits through Sept 2001 Report: Polsten, et al, law suit costs through Oct 4 11. ADJOURN 'This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. ; be viewedat City Hall or at the City of Moundweb site: www. cityofmound, com. 9223-9249 9250-9256 9257-9258 9259-9285 9286-9311 9312-9348 9349-9350 9351-9352 9353-9360 9361 9362-9363 9364-9365 9366-9367 9368-9369 9370 More current meeting COUNCIL BRIEFING October 9, 2001 HRA meeting, due to lack of an agenda. Upcoming Events Schedule: Don't Forget!! Oct 22 - 7:00 PM: County Road 15 Oct 23 - 7:30 PM: Regular CC Oct 24 - 6:00 PM: Gillespie Center Dinner Oct 30 - 7:00 PM: 2002 Budget Nov 7 - 7:00 PM: 2002 Budget #3.D. Snow Removal Contract Only one response for snow removal contracting was received. #3.E. Phase II~ Balboa Site The receipt of the three proposals was late in coming, not allowing time for their review prior to the assembly of the packets. John Cameron will do the review prior to Tues and make his recommendation at the meeting. #3.F. Financing for Computers and Office Equipment This is the same type of agreement we financed the copy machine under. Ehlers & Associates drafted the agreement. The interest represented is a significant savings over financing with the vendor(s). ~C_. Assessment ~ ~mnually ~tn~g charges due the City are charged against the tax rolls. A public hearing must precede --doing so. The amounts will change due to some customers making payment before the meeting. #9. Rail Corridor Support About a year and a half ago, the City passed resolution in support of retaining the rail corridor. At a meeting of the Lake Cities City Managers this week there was consensus that the affected cities follow that with a letter of support to Hennepin County, encouraging their aggressive pursuit of the rail corridor. -9351 - session on Tuesday, September 25, 2001, at 7:30 p.m. in the council chambers at 5341 Maywood Road in said City. Councilmembers Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark Hanus, Kim Anderson and Peter Meyer. Others Present: Acting City Manager, Gino Businaro; City Attorney, John Dean; Acting City Clerk, Bonnie Ritter; Community Development Director, Sarah Smith; City Planner, Loren Gordon; City Engineer, John Cameron; Greg Skinner, Janie Skinner, John Smyth, Frank Weiland, Steve Hudak, Kathy Boese, Frank Bo~e, Steve Berkey, Gary Motyke, Craig Goodrich, Ken and Sally Custer Charles C~l~:n, Jane Carlsen, Martin Carlsen, Suzanne Claywell, Vince Foryster, Shirley Hawk~i~:D~id Osmek, Richard Hawks, Tom-Reese, David Blinderman, E. Maldonadg,i~i~:: Gil~son, A. Blackwell, Mary McKinley,'Bruce and Patti Dodds, Mike Schui~i?Steve Smi:{~i?,iJoan Swenson, Donald Swenson,'Steve Swenson, Scott Lagelin~¢~i~i~t Gables C~:~i~ Myers, Phyllis Jessen, Deb Grand, Tom Stokes, Peter Johns°~:~Bobe~oese, Lorrie Ham, John Wagman, Keith Weatherby. Consent Agenda: All items listed under:~:~.~;~'~nt ~da a~ considered to be routine in nature by the Council and will b~?na'~~a'::~ol/ call vote. There will be no separate discussion on these ite~;;;~unlesS~ ~n~mber or citizen so requests, in which event the item will be r~:~rom t~:~ Consent Agenda and ~nsidered in normal sequence 1. OPEN MEETING AND P~~0F AL~EGIANCF Mayor Meisel o Z:30 p.m. and the Pledge of Allegiance was recited. ~ ~:?.~? ,~ 2, APPROVE AGENDA MOTION by Brown, '::~'~'~" Motion carried. Meyer to approve the agenda. All voted in favor. 3. CONSENT AGENDA Mayor Meisel requested that 3C(1) be removed from the consent agenda for consideration at a later meeting. MOTION by Brown, seconded by Hanus to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes of the September 11, 2001 regular meeting B. Approve payment of claims in the amount of $228,379.79 C. Approve Planning Commission Recommendations 1. (removed) -9146- Mound City Council Mlnute~ - September 25, 200t PROPERTY LOCATED AT 5142 WATERBURY ROAD, LOT 11, 15, 16 AND 17, WHIPPLE, P & Z CASE #01-32, PID #25-117-24-21-0047 3. RESOLUTION NO. 01-75: RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE TO CONSTRUCT AN ADDITION FOR THE PROPERTY LOCATED AT 4846 WILSHIRE BLVD., LOT 3, BLOCK 1, BETON, P & Z CASE #01-:33, PID #24-117-24-14-0061 4. RESOLUTION NO. 01-76: RESOLUTION TO APPROVE A REAR YARD SETBACK VARIANCE TO CONSTRUCT A DECK FOR THE PROPERTY LOCATED AT 5993 BARTLETT BLVD., P & Z CASE #01- $4, PID #23,117-24-42-0003 5. RESOLUTION NO. 01-77: RESOLUTION T~!~!!~!PPROVE A REAR YARD SETBACK REDUCTION TO ALLOW CO~i~:CTION OF A 8' X 20' ADDITION FOR THE PROPERTY LOCA~TED A~ii~022 BLUFFS DRIVE, P & Z CASE #01-35, PID.#22-117-2~'0023. 6. RESOLUTION NO. 01-78, RESO~i'ON TO APP'~VE A FRONT YARD SETBACK VARIANCE TQiiiii~ONS~UCT A DETACHED 2-CAR BARAGE FOR THE PROEPRTY ~ D AT 2928 TUXEDO BLVD., P & Z CASE #01-36, PIG 17-23-3¥~77 7. RESOLUTION NO. APPROVE A SIDE YARD SETBACK VARIANCE TO A GARAGE ADDITION FOR THE PROPERTY DRIVE, P & Z CASE #01- 38, PID 24-1 4. COMMENTS AND NOT ON THE AGENDA Phyllis Jessen small signs withir Commission to make citizens are good su! PRESENT ON ANY ITEM with two requests regarding the proliferation of and real estate). She asked that the Planning ~egulations and see if they need to be revised, and regulations. Mayor Meisel informed her that these will' be reviewed. 5. PLANNING COMMISSION RECOMMENDATION Case #O1-37: sWenson, 4865 Island View Drive - front yard setback/hardcover The Council noted that the code should be reviewed regarding the setback regulation of attached garages vs. detached garages. In this case if the garage were detached it could be 8' from the street, and if attached 20'. MOTION by Hanus, seconded by Brown to have staff prepare a resolution for this case, using an 8' garage setback. This resolution will then be considered at the October 9, 2001 Council meeting. All voted in favor. Motion carried. 2 -9147- .~ Meund~(}lty~G=uncilMtr, u~ptember~25~.~eel A. Resolution RequestinR Councilmember ResiRnation MOTION by Hanus, seconded by Brown to adopt the following resolution. The resolution was read aloud by Hanus. Brown also read two letters written by Meyer to the owner of Jubilee Foods. RESOLUTION NO. 0'1-80: RESOLUTION REQUESTING IMMEDIATE RESIGNATION OF COUNCILMEMBER PETER C. MEYER There were comments offered by members of the public as well as the Council regarding the letters written by Meyer in which he threatened two Mound businesses, and encourage others to do the same. Councilmember Meyer moved to amend the propose amendment aloud. The makers of the original amendment. Roll call vote was asked for on the above affirmative: Brown, Hanus and Meisel. and Meyer. Motion carried. read the declin~::~iito accept the following voted in the in the negative: Anderson At 9:10 p.m. Mayor Meisel ten B. Counci.imembers' Pul After discussion it was the positions and leave it 7. FIRST AMEN,~i~NT AGREEMENT l l l:~ ~[~ ~ ~ ~ ~ ~ City Attorney special assessments to the Editor) strive to be responsible in their arises it may have to be addressed later. SUBDIVISION DEVELOPMENT this amendment will cover the city as far as the ,stedge Boulevard improvements. MOTION by Hanus, seconded by Brown to approve the First Amendment to the Development Agreement for Langdon Bay Subdivision. All voted in favor. Motion carried. 8. ACTION AMENDING LANGDON WOODS RESOLUTION AND DEVELOPMENT AGREEMENT Tom Stokes of Brenshell Development approached the Council with a request to amend the Langdon Woods Development Agreement with regards to the Erosion Control clause. Rather than have he, the developer, put up the $500/Iot escrow for each lot, he suggested having this amount collected from the builder when the building permit is applied for. 3 -9148- MOTION by BroWn, seconded by Hanus to amend the development agreement to reflect the above. All voted in favor. Motion carried. Mr. Stokes also requested that Resolution No. 01-44, granting final plat and development plan approval for Langdon Woods be amended in respect to the required 40' garage setback. He agrees to having five parking spaces per house and would like flexibility in the' setback, but still stay within the standard setback. MOTION by BroWn, seconded by Hanus to adopt the following favor. Motion carried. All voted in RESOLUTION NO. 01-81: RESOLUTION AMENDIN( RESOLUTION GRANTII DEVELOPMENT DEVELOPMENT FOR LANGDON DEVELOPMENT, 43-0005 am UTION NO. 01-44, A iR A PLANNED USE PERMIT, ;IDENTIAL AT 5989 AND 5984 117-24-43'-0006, 14-117-24- , P & Z CASE #01-13. 9. PHASE II City Engineer, John :MENT ON BALBOA SITE from. STS Consultants. MOTION by Brown, Phase II carried. anus to have the City Engineer obtain quotes for this at a future meeting. All voted in favor. Motion 10;I Keith Weatherby reports that he completed over the summer. These were on retaining wall street inventory, storm sewer outlet .ratings and structures ratings. The Council expressed their appreciation for job well done. These reports will be used for future improvement considerations. 11. CSAH 15 WORKSHOP The workshop for CSAH 15 discussions is scheduled for October 22, 2001 at 7:00 p.m. 12. INFORMATION/MISCELLANEOUS A. LMCD correspondence B. Financial Reports: August 2001 C. Westonka Healthy Community Collaborative correspondence D. Minnesota chamber of Commerce newsletter E. ArtiCJe: Public Employers Must Align Pay with Organizational Goals F. Mound Westonka school district correspondence 4 -9149- 13. ADJOURNMENT MOTION by Brown, seconded by Hanus to adjourn at 10:47 p.m. Motion carried. All voted in favor. Attest: Acting City clerk Mayor Pat:..:M~:iSel :~,~i~i [~:.~ ....========================":::' , 5 -9150- PA~E 1 P U R C H ^ S E J 0 U R N ^ L A0338 ~0890 142.96 PAGER REPAIR 22-4170- 0 A0380 K6340931i 159.68 09-14-01 THRU 12-13-01 PAGERS 01-4140-3950 10/09/01 10/09/0~ 159.68 JRNL-CD B0549 22267300 2,317.Z0 LIQUOR 7i-7~00-95~0 BELLBOY CORPORATION VENDOR TOTAL 6520.95 B060~ ~009895S 4~2.00 08-0~ ROLL-OFF B0703 013008 100.00 REPAIR LAPTOP 10/09/01 10/09/01 100.00 JRNL-CD 101 ~7.6~ BULBS Z3-7300-2250 17.65 BULBS 78-7800-2250 285.90 BULBS 01-4320-2300 -9151 - PAGE 2 P U R C H a $ E J 0 U R N A L 10/09/01 10/09/01 338.83 JRNL-CD 101( 10/09/0~ 10/09/0~ 380.87 JRNL-CD BUDGET L~GHTING INC VENDOR ~ 5USZNESS FORHS AND ACCOUN~ VENDOR TOTAL 10/09/01 10/09/01 142.58 FILTERS 01-4340-3810 142.58 JRNL-CD 101. COCA COLA BOTT 10/09/01 i0/09/01 85.80 JRNL-CD 101 151013 36.80 MISCELLANEOUS 71-7100-9550 i/]jl 151803 35.30 MISCELLANEOUS 71-7100-9550 ~!~ 10/09/01 10109101 84.00 JRNL-CD lOl , ~"~ 143279 2,497.50 6EER 11-7100-9530 ~:~ 10/09/01 10/09/01 2,497.50 JRNL-CD 101 EAST SIDE BEVERAGE F1571 46~1! VENDOR TOTAL 4540.90 118.&3 FIRE PR.DTECTION SYSTEM 22,4170-4110 -9152- PAGE 3 P U R C H A S E J 0 U R N A L "ZL' 1-0/09/01 i0/09/01 ].18.43 JRNL-CD )1( I ~B~: ~i~:~%: M~:~,]::~8~ :::T'~:Ti~!~:~:!~:: ~:i:::~::.:'~.~:~:: :?..:::~: ~<':>::Y:::::. : .-~°i 26.89 09-18-0~ UNIFORMS 73-7300-2240 ]"~ 26.89 09-i8-0~ UNIFORMS 78-7800-2240 '~' :' : :. ::l:'~ : .: ::::, :':'~'"L ,. ,~ {ii'~ .:~t'"'~: ~; : : ] ': =. .~'~.;!~: '<":~:i' 1:.: :::~:t~ : ] : :,:i 778223 ~09.01 09-26-01 MATS 0t-4320-4210 46.49 09-25-01 UNIFORMS 78-7800-2240 15.75 09-25-01 MATS 01-4280-2250 785400 41.71 10-02-01 MATS 22-4170-2230 10/09/01 10/09/01 4]..71 JRNL-£D 101 31.77 09-01 WATER #5158500 0].-4140-4100 10/09/01 10/09/01 63.54 JRNL-CD ].O1 -',',~ 010930-C 4.61 09-01 WATER #5158502 0].-4280-2200 : > 4.61 09-01 WATER #5158502 73-7300-2200 ",'~ G1972 434939 351.57 WINE 71-7100-9520 ZO/09/Oi lO/O9/O1 35~.57 J~NL-~ ~ . ~ !~.~:, 436910 29.90 MISCELLANEOUS 437718 363.84 LIQUOR 10/09/0i 10/09/01 363.84 JRNL-CD 71-7100-9510 101 -9153- PAGE 4 P U R C H A S E J 0 U R N A L ~':.i:; :i,. :'i,: ~: ::..~ :: i:i:;:: :i:.:: i:.~ .::.: :~i;i i,:]::~i; ?!~.'~:~ %'!.:: ~i:;?,.?~.:;:: :~ ¢:~ HATCH. JIM SALES COMPANY VENDOR TOTAL 424.73 HENNEPIN COUNTY TREASURER VENDOR TOTAL 874.68 IKON OFFICE SOLUTIONS VENDOR TOTAL 221.8~ OO9 "~'~' ~2398 52873214 10/09/l 99.75 10-09-01 THRU 01-08-02 MAINTEN 22-4170-3200 ?; J2579 1305114 594.15 WINE 71-7100-9520 !!!i': 10/09/01 10/09/01 594.15 JRNL-CO IOl~ 1307841 1,517.30 LIQUOR 71-7100-9510 10/09/01 10/09/01 1,517.30 JRNL-CD 101 JOHNSON BROTHERS LIQUOR VENDOR TOTAL 3366.64 47.89 09-12-01 RETIRE EVENT 01-4020-4120 10/09/01 10/09/01 261.65 JRNL-CD 101 10/09/01 10/09/01 9,399.67 JRNL-CD 101 LAKE MINNETONKA CONSERVA!I VENDOR TOTAL 9399.67 -9154- PAGE 5 P U R C H A S E J O U R N A L ',:" .' .... .'.' ": - j..' ":'~' ',' '~ ~' ..:i,: ~: LAWSON PRODU(TS, INC. VENDOR TOTAL 436.12 ~'~::~:8:~:P~.~:~:':~::::. ~':.~:' :': :',~:': .~ :~:~'75:'~ ::.'~:~' '~'~'~ 109.79 02-01-01 TO 02-01-02 3RD INSTA 01-4110-3610 ~'~: 3,202.23 02-01-01 TO 02-01-02 3RD INSTA 01-4140-3610 ':~"- 800.56 02-0i-0~ TO 02-0~-02 3RD INSTA 01-4340-3610 ~: 4,~28.59 02-0i-01 TO 02-01-02 3RD INSTA 22-4170-3610 ~::.':: i0/09/01 10109101 26,514.50 JRNL-CD ,:.~' LEAGUE ~F MN CITIES INS T~ VENDOR TO~AL 26514.50 ~ .... . ........ ' ,~ LOWELL'S AUTOMOTIVE/ZITCO~ VENDOR TOTAL 12.12 98~8 93.60 09-07-01 DELIVERY CHARGE 71-7100-9600 .... ~0/09/0i 10/09/01 93.60 JRNL-CD : · : , I36.00 09-:3-01 DELIVERY CHARGE 7:=7Z00-9600 ,' '.~ ZO/09/O1 10/09/01 136.00 JRNL-CD ~: ', · ... ':,'. :'. ~ :~' -: · . .~. '..., ' . ~'::~:.:.,.~ ....-:, .: :.-: .: . '-~:': 9889 22.40 09-24-01 DELIVERY CHARGE 71-7100-9600 ~ :.-~..~ 10/09/01 10/09/01 22.40 JRNL-CD ~, MARLIN'S TRUCKING VENDOR TOTAL 517.60 M3080 329117 2,630.05 BEER 7I-7Zfl0-9530 -9155- PAGE PURCHASE JOURNAL 10109101 10109/01 2,630.05 JRNL-CD i~,~i MCCOMBS FRANK ROOS ASSOCI* VENDOR TOTAL 4692.72 ~.'] M3370 010928 ~i 10/09/01 10/09 O1 M3470 93044 10/09/01 10/09/01 i_~,u M3500 011009 1,080.00 72.50 72.50 06-20-01 THRU 09-25-01 LOST LA 55-5878-3100 COLIFORM MF-WATER (10) 73-7300-4215 JRNL-CD 101 730.00 09-01 DRILLS 1,250.00 09-01 MAINTENANCE 10/09/01 10/09/01 8,298.75 JRNL-CD 8,823.33 10-01 FIRE RELIEF 10/09/01 10/09/01 8,823.33 JRNL-CD 22-4170-1380 22-4170-3190 101 95-9500-1400 101 10/09/01 10/09/01 16.67 REIMBURSE EYE EXAM 16.66 REIHBURSE EYE EXAM 50.00 JRNL-CD 73-7300-3140 78-7800-3140 N3737 011009 35.90 35.90 35.90 08-01 #16 JOHNSON, TIM 08-01 #17 POUNDER, CHRIS 08-01 #18 HARDINA, DAMON 35.90 08-01 #22 HEITZ, DON 35.90 08-01 #23 KESTNER, AL 612- 8O.26 42.26 11.96 01-4280-3220 73-7300-3220 78-7800-3220 01-4280-3220 73-7300-3220 )-3220 612-221-6813 216 HOFF, KATIE 81-4350-3222 612-221-6814 203 RAHN, JODI 01-4040-3220 612-221r6822 #02 NELSON, JOYEE 01-4280-3220 -9156- PA6E 7 P U R C H A S E J 0 U R N A L ~t Z1.96 612-22Z-6822 NO2 NELSON, JOYCE 7~-7300. ~]~,.~ 67.84 612-363-5883 NORLANDER, JILL 0~-4190-3220 ~: 10/09/01 10/09/0~ 850.i5 JRNL-CD 1011 n<~. 10/09/0i lO/O9/Oi 57.67 JR NL-CD ~'~ NORTHERN WATER ~WORKS SUPPL VENDOR TOTAL 62.01 ie~', PERF VENDOR TOTAL 439.00 ~;~, P402i 759046 687.78 LIeUOR 7~-7100-9510 '~;~ ~ ~ 10/09/01 10/09/0~ 687.78 JRNL-CD .:: 761251 1,058.65 WINE 7:-7100-9520 :?:~:,~: :~:~:~::. :::~:~:~::::: ::::::::::::::::::::::::::::: ~ :: :,~.~:~:~: :: ~*~:~,k:);:,:: ;~::' ::: ~: ::: :::::::::::::::::::::::::::::::::: :::( ~ P4038 48008 1,127.60 CIGARETTES 71-7100-9550 "~ 10/09/01 10/09/0~ ~,i27.60 JRNL-CD ~0~ :~:: lO/09/Oi :0/09/0i 40.80 JRNL-CD ;;~:, PLUNKETT'S, INC VENDOR TOTAL 40.80 PRAIRIE E~UIPMENT COMPANY VENDOR TOTAL ~877.07 -9157- PAGE 8 P U R C H A S E J O U R N A L 054189-00 789.29 WINE 71-7100-9520 ,~ ~ 10i.( 034935-00 1,894.72 LIQUOR 71-7100-9510 .................................................. i_Q~/~,O,~/,.~Pl _,, 1.O/.._O_9/..0,1 ................... l,~ 8~9.4 · ~ ~ .... J.P~ NL.r,C D 03750~-00 101.38 HISCELLANEOUS 71-7100-9550 9UAL]TY ~NE & SPIRITS VENDOR TOTAL 7280,92 y i~:~'"E::~~ q ................. RANDY'S SANITATION VENDOR TOTAL 114.54 74 54391 3581 3592 319.50 JRNL-CD lO1 10109101 10/09/01 10/09/01 10/09/01 SHOREWOOD TREE SERVICE VENDOR TOTAL SOS PRINTING VENDOR TOTAL 772.13 2289.76 177.59 JRNL-CD 101 244928.1 10/09101 10/09/01 85.31 DOOR OPENING TOOL 01-4140-2200 85.31 JRNL-CD 101 10/09/01 10/09/01 SPEEDWAY SUPERAMERICA LLC VENDOR TOTAL 497.30 497.30 JRNL-CD 101 -9158- PAGE 9 P U R C H A S E J O U R N A L 54633 011009 73.68 THRU 09-25-01 VEHICLE 45.51 THRU 09-25-01 VEHICLE fils 78-7800-Z210 126.27 THRU 09-25-01 VEHICLE ~16 01-4280-2210 24.39 THRU 09-25-0~ VEHICLE ~23 OZ-AZBO-2~ZO Z6.03 THRU 09-25-0Z VEHICLE ................................ 250.4i THRU~ 0~:25-0I VEHICLE ~25 0Z-4280-2210 i7.93 THRU 09-25-01 VEHICLE ~35 0i-4280-2210 41.98 THRU 09-25-0~ VEHICLE ~52 0~-4280-2210 lO/09/O1 lO/09/O1 1,480.08 JRNL-CD T4703 010924 25.00 09-0~ WEB-SITE ZO/09/Oi lO/09/Oi 25.00 JRNL-CD lO/09/Oi lO/09/Oi i50.i9 JRNL-CD lOi 788 lO/09/Oi lO/09/Oi 57.98 JRNL-CD 10/09/01 10/09/01 27 06 JRNL-CO lO1 800 56.03 O9-zg-oz CBD PARKING ZO/09/Oi lO/09/Oi 56.03 JRNL-CD -9159- PAGE 10 P U R C H A $ E J 0 U R N A L 803 27.06 09-29-01 CUP AMENDMENT 01-2300-1102 i,~i T4770 202833 270.00 BEER KEGS 71-7100-9530 ~}~ 10/09/0i 10/09/01 270.00 JRNL-CD 240298 208.65 BEER 71-7100-9530 10/09/01 10/09/01 208.65 JRNL-CD 101, 239656 520.00 BEER 71-7100-9530 10/09/01 10/09/01 520.00 JRNL-CD 101 240990 97.00 6EER 71-7100-9530 10/09/01 iO/09/Oi 97.00 JRNL-CD lO1 240992 3,279.25 BEER 71-?100-9530 10/09/01 10/09/01 3,279.25 JRNL-CD 101 10/09/01 10/09/01 46.77 JRNL-CO 101 T4965 293095 153.84 10-01 ELEVATOR SERVICE 01-~320-4200 153.84 JRNL-CD 10/09101 10/09101 ::';! T4985 3160004-0 i ,~ :~! 10/09/01 10109/01 316316-0 10/09/01 10/09/01 9.15 DISKETTES, ETC. 9.25 JRNL-CD 135.18 COLOR CARTRIDGES 135.18 JRNL-CD 22-4170-2100 101 22-4170-2100 101 -9160- PAGE 11 , P U R C H A S E J 0 U R N A L 315976-0 12.25 CABLE 01-b095' ~15~48-0 ~.9~ H~SCELLANEOUS OFF~CE SUPPLIES 01-b040-2100 1.31 MISCELLANEOUS OFFICE SUPPLIES 01-4280-2100 1.31 MISCELLANEOUS OFFICE SUPPLIES 71-7100-2!00 ~16~16-0 1~9.8~ PAPER~ CARTR]DGE 01-4140-2100 ':; '::~:; '; ~,:t: ': ;L .; :~: ::: :::::::::::: ::::::::~ ~:;,;: ' TWIN CITY OFFICE SUPPLY CO VENDOR TOTAL 477.84 i;~:! U.S. FOAM TECHNOLOGIES, IN VENDOR TOTAL 296.55 ~'~ U5050 92991 ;'~ W5492 01100e 1~20.60 10-01 CLEANING 01-4~20-4210 WEST METRO BUILDING MAINT. VENDOR TOTAL WESTONKA MECHANICAL CONTR* VENDOR TOTAL 1650.75 39.95 :~.~ :::: : ~:~ .... I ~ ' :',:: :~::':~,: ~: ' :'~ ~2"~ : :~::.~ :. ':::~' ' : ~: ':~: :~: ~' ::~': [ ?< : :: ,..: : 16967 011009 25.00 T~O JUNK VEHICLE 22-4170-4100 10/09/0~ 10/09/01 25.00 JRNL-CD -9161 - PAGE i2 PURCHASE JOURNAL BERLIN, JEFFREY VENDOR TOTAL 230.00 '~'31,~,~5 ' !R£.IHB'U]~SE t4A"FE~, AND ~,,SEW:ER PRESTON, FIRST VENDOR TOTAL 43.35 Z6994 011C09 46.80 PERFORMANCE APPRAISALS 01-4140-4170 i'~:, NE AL, P UBL Z C ATI DNS V'ENDOR ,' TOTAL ~ 6. ~.0 ,:~, TOTAL ALL VENDORS 125,541.45 -9162- THIS PAGE IS INTENTIONALLY LEFT BLANK -9163- CITY OF MOUND RESOLUTION # 01- A RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTY LOCATED AT 1642 GULL LANE, LOTS 9, 10 AND 11, BLOCK 18, SHADYWOOD POINT, P & Z CASE g01-26 AND tt01-31 PID # 23-117-24-12-0256 WHEREAS, the applicant, has requested a minor subdivision of property that would require a variance to lot area in order to build a two residences on the proposed new lots. The variances are indicated below: Proposed Required Variance Parcel 2 (east) Lot Area 8125 sq. t~. 10,000 sq. t~. 1875 sq. f~. WHEREAS, the property is located within the R-1 Single Family Residential District which requires a lot area of 10,000 square feet, 60 feet of frontage on an improved street, a 30 feet front yard setback, and 10 feet side yards setbacks for non-lots of record; and, WHEREAS, currently, a single family residence is located on lot 9 and has a nonconforming front yard setback of 9 feet to Jennings Road. A one car detached garage is located north of the residence in addition to three sheds located on the property. A brick fireplace is within the right-of-my in front of lot I0. As proposed, the existing residence would be removed to allow two new homes to be built; and, WHEREAS, as proposed, property would be split creating two new lots. Parcel I as proposed would have 10,625 square feet of lot area with 85 feet of frontage on Jennings Road. Parcel 2 as proposed would have 8125 square feet of lot area with 65 square feet of frontage on Jennings Road; and, WHEREAS, the Planning Commission has reviewed the request and unanimously recommended that the Council deny the minor subdivision and variances as requested by the applicant and recommended for approval by Staff; and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the Minor Subdivision and Variance request with the following conditions: a) b) c) d) The two parcels be identified with "Parcel" and numbered accordingly. Drainage and utility easements be provided along side lot lines 5 feet in width and rear lot lines l0 feet in width. The City Engineer review grading and drainage plans prior to building permit approval. Park fees of $500 are paid prior to release of a building permit. -9164- e) The brick fireplace located in the right-of-way be removed prior to release of a building permit. f) Final grading and drainage plan to be approved by the City Engineer at time of building permit application. g) Provide drainage and utility easements along all new lot lines, five feet wide on side lot lines and ten feet in width along the rear lot lines, ten feet in width along Gall Lane and five feet in width along Jennings Road. h) The water services for the easterly parcel either be installed or some type of financial guarantee provided, such as cash escrow or performance bond. i) Any deficient street or utility charges shall be collected. The City does hereby grant a lot area variance of 1875 square feet for parcel 2 supported by the following findings: a) b) c) d) The proposed subdivision represents a reasonable way to redevelop a blighted property. The proposed subdivision creates one conforming and one nonconforming parcel which is the minimum amount of variance needed for development purposes. The lot area of parcel 2 is larger than the lot area of lot 11 which was previously held as a lot of record. The character of the proposed subdivision is consistent with that of the surrounding neighborhood. 3. This minor subdivision and variance is approved for the following legally described property as stated in the Hennepin County Property Information System: LOTS 9, 10 AND 11, BLOCK 18, SHADYWOOD POINT The foregoing resolution was moved by Councilmember seconded by Couneilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted October 9, 2001 Pat Meisel, Mayor Attest: City Clerk -9165- RESOLUTION # 01- A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE TO CONSTRUCT A TWO STALL ATTACHED GARAGE AT 4865 ISLAND VIEW DRIVE, LOT 7 AND 8, BLOCK 14, DEVON PID # 25-117-24 11 0039 P & Z CASE #01-37 WHEREAS, the applicant, has requested a front yard variance to build a two stall attached garage at 4865 Island View Drive as indicated below: Existing/Proposed Required Variance Front yard 30.6 feet / 5.5 feet 20 t~. 14.5 ; and, WHEREAS, the property is located within an R-lA Single Family Residential Zoning District which according to City Code requires a minimum of 6000 square feet of lot area, 40 feet of street frontage, a 20 feet front yard setback, and 6 feet side yards for lots of record; and, WHEREAS, .the proposed addition includes a single story, side entry two stall attached garage; and, WHEREAS, the existing garage space will be converted to living space; and, WHEREAS, the grade difference between the street an property line will act to minimize the garage impact on Islam View Drive; and, WHEREAS, the proposal will reduce the hardcover on the property by 95 square feet; and, WHEREAS, the Planning Commission has reviewed the request and recommended that the Council deny the variance as requested by the applicant; and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the variance with the following condition: a. The attached garage maintain an 8 feet front yard setback. -9166- 2. The variance is approved for the following legally described property as stated in the Hennepin Coumy Property Information System: LOT 7 AND 8, BLOCK 14, DEVON, HENNEPIN COUNTY, MINNESOTA. 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: Adopted October 9, 2001 Pat Meisel, Mayor Attest: City Clerk -9167- Joann Hall $wenson R'ECEIVED OCT 1 2001 MOUND PLANNING &-IIVSP. 4865 Island View Drive, Mound, MN55364-9392 -9168- THIS PAGE IS INTENTIONALLY LEFT BLANK -9169- (s67.o) ISLAND N 89037, 00" E ..... 5" WOOD (TYP.)- ......... 8 BLACKTOP DRIVE 80.00 DRIV!EWAY : : : OARAOE FLOOR =(957.2) 37.8 · I PAVERS I 13.6 EXISTING , HOUSE 16.6 1.0 I.C 5" WOO0 25.1 PAVERS NOT H/C PAVERS wOOD #4865 FLOOR LEVEL ,-(95.t.7,3) · ............ S 89037, '00" W HOT T._u~ 5" WOOD I-'~ r- ~ / ~',~ I~ I I t I- ~1 I I IXl [..I L. V t../ I x~ ROCK ON pLASTiC (945.7) 4.0 4.0 4.0 4.4- NOT HARDCOVER ' NOT HAROCOVER S¢~ 80.00 : t WOOD WALLS I~ Ii CATCH 15 .l 15 ROCK ON pLAS~IO (9,]1.0) (93o~) (9~1.1) A I/r"" "'.929.4 CONTOUR LINE LEGAL DE Lots 7 ar o: denc (908.5): deno met Bearings ,, This surw above des 42F,0 Creel(view Circle P.O. Box 219 St. Bonifacius, MN 55375 (952) 446-1495. Fax (952) 446-1836 2001 - 2002 SNOWPLOWING RATES Per Hour 980 Cat ............................... , .......................................... . .......... $130.00 966 Cat Wheel Loader (5 Yd.)...i ............................................ $104.00 380 Komatsu Loader (4 Yd.) .................................................... $ 90.00 300 Komatsu (3 Yd.) ...... ~ . ............................ ............ $ 90.00 Trucks w/Plow & Spin Sander ................................................. $ 68.00 4x4 Pickups .............................................................................. $ 60.00 1845 Skid Loaders w/wo Broom .............................................. $ 70.00 'Tandem Dumps (for hauling) ................................................... $ 60.00 Tri-Axle .................................................................................... $ 64.00 Salt/Sand Delivered (subject to change) .................................. $ 40.00 Safety · · An Equal Opportunity Employer -9174- STS Consultants, Ltd. Solutions through Science & Engineering October 1, 2001 Ms. Kandis Hansen City of Mound 5341 Maywood Road Mound, MN 55364 Re; Revised Phase II Environmental Site Assessment - Lots 23 through 28, Koehler's Addition to Mound in Hennepin County, Minnesota; S TS Proposal 11191PP Dear Ms. Hansen: Mr. John Cameron of McCombs Frank Roos Associates, Inc. requested STS Conrmltants, Ltd. (STS) to submit a revised cost estimate for the above referenced site. STS obtained competitive pricing for laboratory analyses from a different vendor for the revised cost estimate. Thank you for the opportunity to resubmit the proposal. STS performed a Phase I Environmental Site Assessment (STS Project'98390-XA dated August 29, 2001) for Lots 23 through 28, Koehler's Addition to Mound, a one acre paved parking lot located on Lynwood Boulevard in the City of Mound. The Phase I ESA identified a recognized environmental condition (REC) in connection with the subject property. The REC was presented as follows in the Phase I ESA: Surface evidence of uncontrolled filling activity on the project site, such as broken concrete. and bituminous asphalt, indicates the possibility that unknown materials with potential for environmental concern could have been deposited. A Phase II ESA with soil and groundwater sampling would be needed to evaluate potential environmental impacts. The site, formerly owned by Tonka Toys and now owned by Balboa Minnesota Co., was filled sometime in the past. Tonka Toys allegedly dumped solvents, paint and other wastes at the Lost Lake Dump, located 400 feet south of the project site. Uncontrolled filling activities alone do not dictate the need for a Phase II ESA. However, industrial activities adjacent to the subject property and assumed prior land ownership in conjunction with filling activities create a greater potential for environmental concern. The Phase II ESA is recommended to ascertain whether environmental impacts have occurred from the uncontrolled filling activities. The following sections below describe the proposed scope of work, provide an estimate of costs and describe a schedule for Phase II ESA activities. Scope of Work We propose to perfonrt four soil borings on the subject property. Soil samples will be obtained at 2.5 foot depth increments to the groundwater which is anticipated to be encountered at a depth 10900 73rd Avenue North, Suite 150 · Maple Gr("'"- 91'~"'75 _5369" -5547 · (763) 315-6300 · (763) 315-1836 Fax City of Mound I[~'~ ,'~l STS Proposal 11191PP October 1, 2001 Page 2 of approximately 20 feet. The soil borings will be drilled no greater than 30 feet in depth. The soil samples will be screened with a photoionization detector (PID) for the presence of volatile organic compounds. One soil sample from below the fill section from each of the borings will be'obtained for laboratory analysis either at the depth of the highest PID reading or from the unsaturated zone within 5 feet of the groundwater level. The soil sample will be analyzed for gasoline range organic (GRO) compounds, diesel range organic (DRO) compounds, volatile organic compounds (VOCs) and RCRA metals. Two soii~amples of fill materials from selected borings will be analyzed for RCRA metals, polynuclear aromatic hydrocarbons (PAHs), pesticides/herbicides, VOCs, GRO, DRO, and polychlorinated biphenyls. These analyses, used for evaluation of dumps, were performed on samples for the Lost Lake Dump Phase II Investigation. The fill needs to be characterized because it could be transported off-site as part of proposed construction activities. A temporary PVC monitoring well will be installed in each of the soil borings to collect groundwater samples, The groundwater samples will be analyzed for GRO, DRO and VOCs. A report will be prepared summarizing the results of the Phase II ESA. Recommendations regarding further actions, if necessary, will be made. The recommendations will be made in light of our understanding that the subject property will be used for a storm water retention pond and sewage lift station. Excavation of existing materials will be necessary to create the pond and install the lift station. Cost Estimate STS has prepared an estimate of costs associated with the above outlined scope of work. STS will not exceed the cost estimate by more than 10% unless prior authorization is received from the City of Mound. The cost estimate is as follows: Four soil borings/temporary monitoring wells Soil screening/sampling/groundwater sampling Laboratory analyses Report $2,200 $ 800 $3,020 $ 900 Total $6,920 -9176- City of Mound STS Proposal 11191PP October 1,2001 Page 3 Schedule STS is prepared to respond immediately .to your request for environmental services. Underground utility clearance, scheduling for drilling activities and project coordination typically requires 5 to 7 working days. Normal laboratory turnaround is 10 to 12 working days. Expedited turnaround (3 to 5 days) may be obtained for an approximately 50% premium on cost. The report can be completed within approximately 5 working days of receipt of laboratory analysis results. Terms and Conditions The proposed Phase II ESA will be conducted under the same terms and conditions between STS and the City of Mound in force during performance of the Phase I ESA for the subject property. It is a pleasure providing environmental services to the City of Mound. If you have any questions regarding this proposal, please feel free to contact us. Sincerely, STS CONSULTANTS, LTD. Senior Soil Scientist Principal Engineer GJR/dn Enc. cc: Mr. John Cameron - McCombs Frank Roos Associates, Inc. P6191002 .doc ACCEPTED: Date Firm Authorized Signature © 11191PP, STS Consultants, Ltd., October 2001 Title -9177- ENVIRONMENTAL SERVICES Charges for technical personnel will be made for time spent in the field, in consultation, in preparation of reports and invoices, in administrating contracts and project coordination, and in traveling. *Overtime will be charged after 8 hours per day; before 7:00 am and after 6:00 pm Monday through Friday; or all day Saturday-- technical rate x 1.25. Doubletime will be charged on Sundays or Holidays--technical rate x 2. Four hour minimum per day. Expert Witness Testimony will be billed at the rates shown here x 1.5. Laboratory test programs will be identified in our proposal and billed out on a lump sum basis. Additional laboratory work will be billed on the following hourly basis plus expenses, expendables and equipment. The cost of equipment to complete the project will be identified in our proposal. Drill rig rates include two (2) persons. Additional persons will be charged according to the technical classifications. Technical Classifications Principal Associate Senior Consultant Consultant Technical Project Staff Technical Support Staff CADD Drafter Senior Environmental Technician* Environmental Technician* Per Hour $ 116.00 PerHour $ 106.00 Per Hour $ 98.00 Per Hour $ 90.00 Per Hour $ 78.00 Per Hour $ 45.00 Per Hour $ 55.00 Per Hour $ 60.00 Per Hour $ 56.00 Technical Support Services Subsurface Exploration Drill Rig Mobilization (Local within 30 miles) (Out-of-Town) All-Terrain Vehicle Additional Drill Rig - Class I Drill Rig - Class II Drilling Coordinator Per Trip $ 425.00 Per Mile One Way $ 10.00 PerDay $ 175.00 PerHour $ 180.00 Per Hour $ 170.00 Per Hour $ 84.00 Site Safety PID Meter Per Day $ 120.00 Personnel Protection: Level D Per Person Per Day $ 50.00 Personnel Protection: Level C Per Person Per Day $ 165.00 Personnel Protection: Level B Quote Upon Request Expenses and Expendables All Expenses to Complete the Project Mileage Ail Expendables to Complete the Project Cost + 15% Per Mile $ 0.60 Cost + 15% Minnesota 2001 -9178- STS Consultants, Ltd. Consulting Engineers QI0 10/04/2001 15:53 SME CONSULTANTS INC ~ 9524720620 N0.906 Q002 GME CONSULTANTS, INC. CONSULTING ENGINEERS 14OQ0 21s~ Ave. No, / Minneapolis, MN 55447 Phone [763] 559-1859 / Fax [703) ~559-O720 October 4, 2001 Ms. Kandis Hansen City of Mound 5341 May Wood Road Mound, Minnesota 55364 GME Proposal No. P-17526 RE: Proposal for Preliminary Soil and Groundwater Investigation for Lots 23 through 28, Koehler's Addition in Mound, Hennepin County, Minnesota Dear Ms. Hansen: we are pleased to submit this proposal for this project. In this proposal, we present a description of our understanding of the project, an outline of the scope of services we propose to 'provide, and a fee schedule and estimate of charges for these services. PROJECT INPOP. MATION According to the ihformation that Mr. John Cameron 'with MFRA has given us, a Phase I Environmental Site Assessment (ESA) was completed on the Property on August 29, 2001. The Phase I ~SA Report recommended that a Phase II ESA with soil and groundwater sampling would be required to evaluate the uncontrolled fill on the site. We propose the following scope of services to further assess this on- site REC. PROPOSED SCOPE OF SERVICES Based on our conversations with Mr. Cameron, we propose the following sampling plan to preliminarily assess the identified on-site REC. Because the possible impacts are not from point sources, there could be areas that are impacted between sample points that are not detected, or other contaminants not tested for could be present. This'work plan is not to be considered all-inclusive. WILLIAM G. KWASNY, RE. GREGQRY R. REUTER, IRE., MARK D. MILLE~OR THOMAS IR, VENEMA. P.E. WILLIAM E. BLOEMENDAL, -9179- An ;aual O~=~'tuni~ Eml31uver T~AMY A. HAKAN$ON, RE. ERIN J, O'8RIEN, P.E. TIMOTHY F, McGLENNEN 10/04/2001 15:53 GME CONSULTANTS INC ~ 9524720620 N0.906 Q003 Mr. Kandis Hansen GM~E Proposal No. P-17526 October 4, 2001 We would require a site access agreement with the present owner to complete the soil borings and collect soil and groundwater samples. We will use our truck-mounted 55D drill rig to collect soil and groundwater samples from the site. Public utilities will. be cleared through Gopher State One Call. We require that you mark any private onlsite utilities. We would choose the soil boring locations on-site dependent on evidence of surficial debris, the property boundaries, and utilities. We propose drilling four shallow soil borings to approximately !$ feet below grade (groundwater is anticipated to be approximately 8 to 10 feet below grade based on the wetland on the south side of the railroad track and area lakes). The drill ~ig, drill tools, augers, and drilling equipmen~ will be steam cleaned prior to drilling and between borings, as necessary. The environmental soil borings will be drilled using 3 ~-inch I.D. CME continuous fligh~ hollow stem augers. Soil samples will be collected continuously to final depth by the split- barrel method (ASTM: D %586). The groundwater will be collected usin9 a dedicated bailer placed into the augers. Following completion of the soil borings, they would be sealed in accordance with Minnesota Department of Health (MDE) well code regulations. Our Environmental Scientist will be on-site to field screen the soil samples using a PID with an 11.7 eV lamp, and also will observe the soils for potential staining, possible characterization of solid waste, if encountered, and unusual odors. We anticipate collecting two to four soil samples from the fill (up to one from each boring) for analysis for the eight RCRA metals, polynuc!ear aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), and diesel range organics (DRO). We would collect the soil samples from either soils with evidence of staining and unusual odors and~or representative soil samples of the fill. In addition, from each soil boring, we also anticipate collecting a groundwater sample for DRO, vOCs, and the eight RCRA metals (dissolved). We will submit all of the samples to an off-site laboratory, EnChem, Inc., for analysis'under chain-of-custody procedures. -9180- 10/0~/2001 15:53 GME CONSULTANTS INC~ 9524?20620 N0.906 ~004 Mr. Kandis Hansen GME Proposal No. P-17526 3 October 4, 2001 After the completion of the field work, and upon receipt of the laboratory results, we will compile and review the data to prepare a report of our findings. Our report will include our field observations, laboratory results, and our conclusions. S~HEDULE We would schedule the field work after receivin~ authorization to proceed. The.soil boring work is estimated to take approximately one day to complete. Laboratory results would be analyzed on standard turn-around time of 15 workdays. We will complete the report within two weeks of receivin~ the results. COST ESTIHATE Based on the scope of sel-;ices outlined above, we estimate that our charges will be as follows. Phase II ESA Services Soil Borings Four soil borings to 15 feet Cost Estimate $1,250 Laboratory Costs for Off-SlteAnalysis Soil Samples Two to four soil samples (eight RCRA metals, PAMs, DRO, and VOCs) Groundwater Samples Three groundwater samples (VOCs, DRO, PAHs, and eight RCRAmeta!s) Project Management, Consultation, Drilling Coordination, On-site Environmental Scientist, FID Equipment Use, Data Reduction, and Report ESTIMATED TOTAL $ 756 to $1,512 $1,512 $2,000 $5,518 tO $6,27' -9181- 10xO4x2001 15:53 GME CONSULTANTS INCa 9524?20620 N0.906 Q005 Mr. Kandis Hansen GM~ Proposal No. P-17526 October 4, 2001 The final charges for the above outlined scope of service~ and any further work due to changes in the original scope will be based on the scope of services requested and authgrized, extended at the appropriate unit prices shown on the attached fee schedule. Durin9 the course of our work, GME will be responsible for the safety of GME personnel only. Also, we are planning on collecting and holding soils for possible PCB analyses. These would be analyzed if there are DR0 detections; please let us know if you want us to proceed alternatively. Our estimate is based on using modified Level D Personal Protective Equipment (PPE). Our health and safety plan provides for upgrading to Level C PPE, if organic vapor readings in the breathing zone rise to greater than $ parts per million (ppm). There would be additional charges for upgrading to Level C PPE. Our estimate includes no allowance for client-directed drill rig, standby or delay time. We plan to leave the soil cuttings on the site. DUTY TO NOTIFY If we detect evidence of contamination on the site, which in our professional opinion could pollute surface waters or the groundwater, we may have a legal obligation to notify the State of Minnesota. It is our understanding that this notification must be "immediate,# usually interpreted by the Agency to be within 24 hours of discovery. We will attempt to notify you, our Client, first to kave you do the notification. If you do not assure us that you will do so, or if we are unable to contact in the required time limit, we may then be obligated to notify the State directly. These requirements.supersede the usual practice of client confidentiality, and Client. agrees to hold GME harmless from any consequences arising from such notification. '. ACCEPTANCE We are submittin9 this proposal in two copies for acceptance. When it is accepted, we ask that one copy be signed by an authorized representative of the party responsible for payment for these set-vices, and that this copy be returned to us as authorization to proceed. We have enclosed with this proposal a copy of our General Conditions. The terms contained in the General Conditions are incorporated herein and are an intepral part of this contract for professional engineering services. ACCEPTANCE OF THIS PROPOSAL BY TEE AUTHORIZED SIGNATURE, VERBAL AUTHORIZATION TO PROCEED, OR_ISSUANCE OF A PURCHASE -9182- 10/04/2001 15:53 SME CONSULTRNTS INC ~ 9524720620 N0,906 Q006'<ii Mr. Kandis Hansen GME Proposal No. P-17526 October 4, 2001 ORDER, INDICATES THAT YOU UNDSTAND AND ACCEPT THE TERMS AND CONDITIONS CONTAINED CONDITIONS. IN THIS PROPOSAL, INCLUDING T~E GENERAL In contracting with you for these professional services, we cannot extend contractual privileges to any party or parties other than you. The report may not be circulated, in whole or in part, to any other party, nor used by any other part, without the prior written permission of GME. We agree, however, that the reports may be conveyed to your attorneys, to interested State and Federal Agencies, or to other parties associated with financing, completion, or sale of the Property, to be read for informational purposes only. It is further understood that the information and opinions presented in our reports will be applicable only as of the date of report delivery. Events or occurrences after that date will not be considered within the scope of our report. CLOSURE We look forward to working with you on this project. questions regarding this contract, Please contact us. If you have Sincerely, GME CONSULTANTS, INC. Eric P. S ~~~es Environmental Scientist Proj eot Manager Mark D. Millsop Principal ~ydrogeologist Environmental Division Manager Enclosures: Fee Schedule General Conditions cc: Mr. John Cameron - MeCombs Frank Roos Associates, Inc. ACCEPTED DATE: FIRM: AUTHORIZED NAME: AUTHORIZED SIGNATURE: TITLE: {please print} -9183- 10/04/2001 15:53 GME CONSULTANTS INC ~ 9524?20620 N0.906 Q007 GM-E CONSULTANTS, INC. 14000 - 2!ST AVENUE NORTH' MINNRkPOLIS, MINNESOTA 55447 (763) 559-1859 FAX (763) 559-0720 FEE SCHEDULE ENViRONMeNTAL SERVICES KOEHLER'S ADDITION ASSESSMENT MOUND, MINNESOTA CITY OF MOtSTD PERSONNEL P-1 P-2 P-3 P-4 P-7 P-9 P-10 P-11 P-12 P-13 P-14 P-l$ P-16 Services of Environmental Division Manager Services of Principal Engineer Services of Principal HydrogeologisZ Services of Senior Environmental Scientimt Services of Wetland Specialist Services of Certified Asbestos Management Planner Services of Environmental Project Manager Services of Environmental Engineer Services of Environmental Scientist/Geologist Services of Licensed Lead Inspector Services of Certified Asbestos InSpector Serv!ces of Environmental specialist Services of CAD Operator Services of Secretary Personnel Transportation Charges Personnel Per Diem $125.00/hour $130.00/hour $110.00/hour $100.00/hour $ 80.00/hour $ 80.00/hour $ 80.00/hour $ 80.00/hour $ 70.00/hour $ 65.00/hour $ 65.00/hour $ 60.00/hour $ 45.00/hour $ 41.00/hour $ 0.41/mile $ 75.00/day FILE SEARCK FEES S=l Federal, State, County, Local, or National Database firm Cost + 15% FIELD EXPLORATION FE-! Mobilization/demobilization of drill crew and FE-2 FE-3 FE-4 FE-5 FE-6 FE-7 FE-8 FE-9 FE-10 rig, client-directed stand-by time Utility Clearance Steam Clean Rig, Equipment, & Loading Time Layout of soil borings and surface elevations, 2 man crew Drill Crew Per Diem (2 man crew) MDK Well Permit Fees MDH Well Logs Use of Photoionization Detector (FID) KVA Probe Equipment KVA Field Crew $175.00/hour' $ 50.00/hour $165.00/hour $ 80.00/hour $140.00/day $130.00/well $t00.00/wel! $100.00/day $150.00/day $100.00/hour + vehicle fee -9184- 10xO4x2001 15:53 GME CONSULTANTS INC * 9524720620 N0.906 FEE SCHEDULE (Continued) GM~ CONSULTANTS, INC. KOEHLER'S ADDITION ASSESSMENT MOUND, MINNESOTA CITY OF MOUND ~LL M]%TERIALS WM-1 Stainless Steel Screen 2" x 5' 2" x 10' WM-2 Low Carbon Steel Riser Pipe WM-3 Schedule 40 PVC Screen 2" X 10' threaded with end cap WM-4 Pvc 2" Diameter Riser WM-5 Grout Sand, Bentonite, Neat Cement WM-6 6" Diameter Locking Protective Cover & Lock WM-7 At Grade Road Box & Lock $180.00/each $300.00/each $ 3.25/foot $ 3.00/foot $ $100.00/well $100.00/well LABORATORY ANALYSIS FEES IA-1 LA-2 LA-3 LA-4 LA-5 LA-6 LA-7 LA-8 LA-0 VOCs by MDH 465E DRO PA/~ (Method 8310) (Method 8270) PCBs (Method 8080) 8 RCRA Metals (Ag,As,Ba,Cd,Cr,Hg,Pb,Se) BTEX MTBE/BTEX Lead a. ICP Method b. AA Furnace Method PRICE/SAMPLE WATER SOIL $100.00 $i00.00 $ 40.0o $ 40.00 $ 3~.00 $ 35.00 $120.00 $!20.00 $i~8.00 $i~8.o0 $ 86.00 $ 86.00 $100.00 $100.00 $ 33.00 $ 35.00 $ 40.00 $ ~o.00 $ 20.00 $ 20.00 $ 25.00 $ 25.00 NOTES: 1. The unit prices and estimate of charges in this proposal will be effective through December 31, 2001. Beyond this date they will be reviewed and escalated. 2. The u_nit prices for additional work not listed above will be supplied upon request. 3. Services requested in excess of 8 hours per day or 40 hours per week, or on Saturdays, Sundays, or legal holidays will be billed at 1.5 times the unit rates given above. 4. In the event to injuries of GME Personnel because of hazardous or environmental conditions on the site, the applicable unit rates will be charged during all first aid and evacuation. $. Su2~contract services authorized by client will be charged at cost plus 15%. -9185- GME CONSULTANTS, INC. GENERAL CONDITIONS FOR ENVIRONMENTAL ENGINEERING I. Scope of Work GME Consultants, Inc. (hereinafter called GME} shall perform the services defined in this contract, and shall invoice the client for those services at the rotes shown on the attached FEE SCHEDULE. Any estimate of cost to the Client as stated ~n th~s contract shall not be considered as a firm figure, but only as an estimate, unless of_heriN;se specifically stated in the contract. GME will provide additional services under this contract, as requlred to complete the engineer- ing assignment, and/or as authorized by the Client and requested by the Client with charges for those additional services at the stated rates. I!. Standard of Cate' In accepting this agreement for consulting services, the client acknowledges the inherent r!sk associated With oil, radon, hazardous, radioactive, toxic, irritant, pollutant cr otherwise dangerous substances or conditions as well as with cOn- struction activities. In performing our professional services, we will use that degree of care and skill ordinarily exerc{sed, under similar circumstances, by members of the profession practicing in the same or similar locality. The standard ot care shall exclusNely be judged as of the time the services are rendered and not according to later standards. We make no express or implied warranty beyond our commitment to conform to th{s standard. i11. Indemnity It is understood and agreed that, in seeking our consulting services under this agreement, the client is requesting GME Consultants, Inc. to undertake, for the client's benefit, potentially uninsurable obligations involving the presence or po~ntial presence of hazardous substances or gases. Therefore, the client agrees to .h.old harmless, indemnify, and defend us and ot~r subcontractors from and against any and all claims, losses, damages, liabii[b/, and costs, including but not limited to costs of defense, arising out of, or in any way connected with, 'the presence, discharge, release, or escape of contam[nan~s of any kind, except for such liability as may arise out of our sole gross negligence in the performance'of services undo r th is ag mement. , IV. Insurance GME Consultants, Inc. carries Worker's Compensation insurance, Standard Public Liability Insurance a'nd Professional Liability Insurance as protection against most risks of liability exposure. We will l~umish information and certificates for these insurances et the client's request. However, professiona~ liability and other insurance may not be avaiJable to us, or the engineering profession as a whole, to cover work related to hazardous substances. We will nat be responsible for any loss, damage, or liability beyond the amounts, limits, exclusions and conditions of our insurance. We will not be responsible for any loss, damage, or {lability arising from the cllent's negligent acts, errors and omissions and ~ose by the client's ~taff. consultants, contractors and agents or from those of any person for whose conduct we are not legally responsible. V. Llmltatlon o! Liability GME Consultants, Inc. has neither created nor contributed to the creation of any hazardous, radioactive, tox[c, irritant, pollutant, or otherwise dangerous substa, nce or conditions at the site, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposur~ to. such substances or conditions. Accordingly, GME Consultants' liability for alt actions, omissions, or negligence, whether active or passive, shall not exceed $20,000. VI. Right of Enlry Unless otherwise agreed, the client will furnish right-of-entry on the land for us to make the planned borings, surveys, explorations, or field tests. We wilt take reasonable precautions to minimize damage to land and structures by field equipment, but have not included [n our fee the cost for rectifying damages that may result from our operations. If we are required to restore the land to its former condition, this will be accomplished and the associated charges will be added 'to our fee. VII. Utilities In the prosecution cf the work, we will t~ke reasonable precautions to avoid damage or injury to subterranean structures or utilities. The client ag roes to hold us harmless.for any damages to subterranean structu res which are not called to our attention and correctly shown or described on the documents furnished. VIIL Discovery of Unconfirmed Pollution, Notification to l~e State If we observe a substance at the ground surface, in a boring or an excavation, or if we observe a substance in contact with or within the groundwater, which in our professional opinion could potentially pollute surface waters ortho ground- w~ter, there is ~ legal obligation to notify the State of Minnesota Pollution Control Agency, in accordance with the provisions of Statute 115,061, "DUTY TO NOTIFY AND AVOID WATER POLLUTION." It is our understanding bhat this notification must be "immediate," usually interpreted by the Agency to be within 24 hours. We will attempt to notify you, our Client, first to have yDu do the notiflc~tion, but if you do not assure'us that you will do so, or if we are unable to communicate with you, we will ~en be obligated to notify the State directly. The requirements of this statute supersede the usual practice of client confidentiality, and Client agrees to hold GME harmless from any consequences arising from such notification.. 0¢t, 5,2001 10:28AM LANDMARK ENVIR No, 1786' P, 2 Landmark Environmental LLC OctoberS, 2000 Ms. KandisHansen C~y of Mound 5341MaywoodRoad Mound, MN 55364 Proposal for Limited Phase II Investigation Balboa Property, Lot5 2$'through 28, Koehler's Addi'tion, Mound, Minnesota" Dear Ms. Hansen: Landmark Environmental, LLC (Landmark) appreciates the 9pportunity tO provide this proposal for Phase II investigation work at the above-reference property (" Propcrty") in Mound. It is our understanding that a Phase I Environmental Site Assessment (Phase I) recently prepared for the Property identified the surface presence ofuncontrolle, d fiI1 as a recognized environmental condition and that an adjacent property has had documented releases of volatile organic compounds (VOCs) to the shall'ow groundwater, although groundwater beneath the Property reportedly has not been impacted by those releases, We furth.er understand that the City of Mound plans to construct a pond on one tract of the Property and to convey one tract of the Property to an adjacent p.ropeny owner and one tract to Metropolitan Council for construction of a 1~ station. Since construction of the pond and lif~ station will involve excavation, the City is interested in conducting a soil investigation (Investigation) to determine if fill materials beneath the Property may be contaminated, L Scope of Work The proposed scope of work for the proposed'In',;estigation includes the following: Prepare a Site Safety Plan. Place four to eight C-eoprobe borings to maximum depths of 20 feet in the following areas of'the Property: area of former ditch reportedly present on the Property in a 196:2 aerial photograph; areas of fillin~ observed on historical aerial photographs; areas to be excavated during construction of' the pond and lift station; along the railroad tracks ,adjacent to the Property; and along the eastern b.oundary of the Property adjacent to the site with documcnted releases to groundwater, Soil samples will be collected continuously .from each boring, and each soil sample will be screened in the field ,for the presence of visible contamination (e.g,. organic v_a~or 2042 W, 9Sth Street Bloornl.g~o., Min.e$ota 55431 Phone: (95a) 887-9S01 Fax: (952) 887-9605 www.landmar~env.com -9187- OcL 5, 2001 IO'28AM LANDMARK ENVIR No, 1785 ?, 3 M~, Ksnti~ H~r~cn headspace concentrations using a photoionizafion detector, odor, discoloration, sheen) following MPCA guidelines. Collect, based on field screening results, up to one sample from each boring for analysis of KCKA metals and/or polynuclear aromatic hydrocarbons (PAHs) to characterize the fill materials. Additional samples for polychlorinated biphenyls and/or diesel-range organics (DRO) may be collected, if visible evidence of contamination is present; additional soil samples will not be analyzed without obtaining prior approval from the City. 4, Collect one groundwater sample and one soil sample from each location for analysis of VOCs using an onsite laboratory, Prepare a letter report ("Report") describing results and comparing detected chemical concentrations to Minnesota Pollution Control Agency (MPCA) risk-based screening levels to help determine if additional investigations or response actions are necessary, The Report will provide documentation in text, table, figures and appendices, as appropriate, The project scope also includes providing project management services to help ensure a high level of communication and coordination with the City. We anticipate that the City will take the lead in obtaining access to the Property. The Investigation will be conducted in accordance with MPCA Voluntary Investigation and Cleanup (VIC) program guidelines. If chemical concentrations exceed MPCA risk- based screening level concentrations and the City decides to enter the VIC program to obtain liability and other written assurances before proceeding with Property purchase and/or construction, additional work outside the scope of this proposal could include the following: revising the recent Phase I to meet MPCA VIC program guidance; preparing an application to the VIC program and submitting a revised Phase I and the Investigation Report to the MPCA for review and approval; preparing response action cost estimates', preparing a voluntary response action/contingency plan, as necessary', and providing any requested assistance related to working with the MPCA, A proposal to conduct any subsequent work will be provided only upon request from thc City. II. Schedule We anticipate that the fieldwork portion of the Investigation can be completed in one day, At this time, depending on access to the Proper~y, we could conduct the field investigation beginning the middle of October. Laboratory analysis results would be available with two to three weeks following completion of the field work (unless the City requests expedited turnaround), A draft Report would be available approximately one week following availability of laboratory analytical results, A final Report will be available within one week of receiving the City's comments on the draft Keport. -9188- 2 Oct, 5, 2001 10'29AM LANDMARK ENVIR No, 1786 P, 4 October 5, 2001 Page 3 of 4 HI. Budget The attached table summarizes the estimated cost for providing the services outlined in the scope of work described in this proposal. The total estimated cost for the Investigation is shown on the attached table. Fees and expenses chargeable to the City for the proposed scope of work will not exceed $8,:544.00 without the City's prior consent. For any approved out of scope services, the City will pay Landmark in accordance with the attached Year 2001 Billing Rate Schedule. For cost estimating purposes, we assume that six soil samples will be analyzed for PAHs and P,.CP, A m~als, no samples will be analyzed for PCBs or DP, O, and that laboratory data will be provided at normal turnaround times of two to three weeks, IV. Project Team Jcssica Fitzpatrick and Jerry Mullin will serve as the primary contacts during the duration of the Investigation. Jessica Fitzpatrick will be responsible for overall project management, Report text preparation, and coordination with the lVlPCA. Jerry will bc responsible for conducting field activities, coordinating laboratory subcontractors, and preparation ofP, eport tables, figures and appendices. Once again, we appreciate the opportunity to provide the City with this proposal for environmental assistance on this project. If you have any questions, please feel free to contact me or Jessica at (952) 877-9601, Sincerely, President C: John Cameron MFRA -9189- 3 0ct, LANDMARK ENVIR No. i786 P, 5 5, 2001 10'29AM Ms, Ka.ndJ~ Han~en October $, 2001 Pa/: 4 of 4 Estimated Investigation Costs Balboa l'roperty, Mound, Minnesota InVestigation Landmark Cost · , Subcontractor Cost T~al Task Estimated Costs Site Safety 4 hfs ~ $80/hr = $320 $320 Plan Field' Work 3 hfs ~ $95/hr - $285 "i' ciay C~oprobe/mob, lab -- $2,50d 12 hfs ~ $80/hr = $9606 PAH samples ~ $263 ea. = $1,578 6 metals samples ~ $t26 ~a, = $756 $6~079 P,,eponing 4 hfs ~ $95/hr -- $380 16 hfs ~ $80/hr = $1,280 . .$.!,660 Project 3 hrs (~ $95/hr = $285 $285 Management Subtotals $3,510 . $4,8:54 $8~34~ -9190- 4 THIS PAGE IS INTENTIONALLY LEFT BLANK -9191 - CITY OF MOUND RESOLUTION NO. 01-.._ A RESOLUTION APPROVING THE FORM OF THE LEASE/PURCHASE AGREEMENT WITH ZlONS FIRST NATIONAL BANK, SALT LAKE CITY, UTAH AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF WHEREAS, the City Council (the "Governing Body") has determined that the leasing of the property described in the Lease/Purchase Agreement (the "Lease/Purchase Agreement") presented at this meeting is for a valid public purpose and is essential to the operations of the City of Mound (the "Lessee"); and WHEREAS, the Governing Body has reviewed the form of the Lease/Purchase Agreement and has found the terms and conditions thereof acceptable to the Lessee; and WHEREAS, either there are no legal bidding requirements under applicable law to arrange for the leasing of such property under the Lease/Purchase Agreement, or the Governing Body has taken the steps necessary to comply with the same with respect to the Lease/Purchase Agreement; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound as follows: SECTION 1. The terms of said Lease/Purchase Agreement are in the best interests of the Lessee for the leasing of the property described therein. SECTION 2. The appropriate officers and officials of the Lessee are hereby authorized and directed to execute and deliver the Lease/Purchase Agreement in substantially the form presented to this meeting and any related documents and certificates necessary to the consummation of the transactions contemplated by the Lease/Purchase Agreement for and on behalf or the Lessee. The officers and officials of the Lessee may make such changes to the Lease/Purchase Agreement and related documents and certificates as such officers and officials deem necessary or desirable, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. The officers and officials of the Governing Body and the Lessee are hereby authorized and directed to fulfill all obligations under the terms of the Lease/Purchase Agreement. 1 -9192- Resolution No. The foregoing resolution was moved by Councilmember Councilmember The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this day of ,2001. and seconded by Attest: Acting City Clerk Mayor Pat Meisel 2 -9193- LEASE/PURCHASE AGREEMENT Dated as of October 9, 2001 by and between ZIONS FIRST NATIONAL BANK, as Lessor and CITY OF MOUND, as Lessee City of Mound Equipment Lease.doc -9194- TABLE OF CONTENTS SECTION 1.1 SECTION 1.2 ARTICLE I DEFINITIONS AND EXHIBITS Definitions and Rules of Consm~¢fien, .................................. 2 Exhibits ............................................................................... 3 ARTICLE VHI PREPAYMENT OF LEASE PAYMENTS IN PART SECTION 8.1 Extraordinary Prepayment From Net Proceeds .................... 16 SECTION 8.2 Option to Purchase Leased Property ...................... ; ......... 16 ARTICLE H REPRESENTATIONS COVENANTS AND WARRANTIES SF_L'FI'ION 2.1 Representations, Covenants and Warranties of the Lessee ..... SECTION 2.2 Repmsentalions, Covenants and Wammties of the Bank ........ ARTICLE HI AGREEMENT TO LEASE; TERM OF LEASE; LEASE PAYMENTS SECTION 3.1 Lease .................................................................................. 9 SECTION 3.2 Term.....i ............................................................................. 9 SECTION 3,3 Termination ....................................................................... 10 SECTION 3,4 Lease Payments ................................................................. 10 SECTION 3.$ Possession of. Leased Property Upon Tem~itmtion ............ 10 SECTION 3.6 No Withholding ................................................................. 10 SECTION 3.7 Lease Payments to Constitut~ a Current Obligation of the Lassee ........................... ; ............................................................................. 11 SECTION 3.8 Net Lease .......................................................................... 11 SECTION 3.9 Offset ................................................................................ 11 SECTION 4.1 SECTION 4.2 ARTICLE IV INSURANCE Insuranc~ ........................................................................... 11 Damage to or Des~'uction of the Leesed Prop~y......~ ......... 12 ARTICLE V COVENANTS SEC-~ON 5.1 Use of thc Lea~d Preperty ................................................. 12 SECTION 5.2 Interest in the Leased Property and this Lease ..................... 12 SECTION 5.3 Maintenance, Utilities, Taxes and Assessments ...................12 SECTION 5.4 Modification of thc Leased Property ................................... 13 SECTION 5.5 Permits .............................................................................. 13 SECTION 5.6 Bank's Right to Perform for Lessee .................................. 14 SECTION 5.7 Bank's Disclaimer of. Warranties ..................................... 14 SECTION 5.8 Indemnification ................................................................. 14 SECTION 5.9 Inclusion for Consideration as Budget Iten~ ........................ 14 sECTIoN 5.10 Annual Financial Information ........................................... 14 ARTICLE IX MISCELLANEOUS SECTION 9.1 Notieas ................... ;i ......................................................... 17 SBCTION 9.2 System of Regis~'ation ....................................................... 17 SECTION 9.4 Binding Effect ................................................................... 17 SECTION 9.5 Amendments ..................................................................... 17 ~ON 9.6 S~edon Headings ............................................................... 17 SECTION 9.7 Severability ....................................................................... 17 SECTION 9.8 Entire Agreement ............................................................... 18 SECTION 9.9 Execution in Counterparts ................................................ 18 SECTION 9.10 Arbitration ....................................................................... 18 SECTION 9.11 Applicable Law ............................................................... 18 Schedule of Lease Payments ........................................................... Exh~it A Legal Description of the Leased Property ....................................... Exinbit B Resolution of Governing Body ...................................................... Extubit C Opinion of Lessee's Counsel ......................................................... Exhibit D Security Documents Exhibit E SECTION 6.1 SECTION 6.2 ARTICLE VI ASSIGNMENT AND SUBLEASING Assignment by the Bank .................................................... 14 Assignment and Subleasing by the Lessee .......................... 15 ARTICLE VII EVENTS OF'DEFAULT AND REMEDIES SECTION 7.1 Events of Default Defined .................................................. 15 SECTION 7.2 Rcmedias on D~fault. .......................................................... 15 SECTION 7.3 No Remedy Exclusive ....................................................... 16 SECTION 7.4 Agreement to Pay Attorneys' Fe~ and Expenses ................. 16 SECTION 7.5 Waiver of Certain Damagas ............................................ 16 City of Mound EquiPment Lease.doc -9195- LEASE/PURCItASE AGREEMENT THIS LEASE/PURCHASE AGREEMENT, dated as of October 9, 2001, by and between ZIONS FIRST NATIONAL BANK, a national banking association duly organized and existing under the laws of the United States of America, as lessor (the "Bank"), and City of Mound (the "Lessee"), a public agency of the State of Minnesota (the "State"), duly organized and existing under the Constitution and laws of the State, as lessee; WITNESSETH: WHEREAS, the Lessee desires to finance the acquisition of the equipment and/or other personal property described as the "Leased Property" in Exhibit B (the "Leased Property") by entering into this Lease/Purchase Agreement with the Bank (the "Lease"); and WHEREAS, the Bank agrees to lease the Leased Property to the Lessee upon the terms and conditions set forth in this Lease, with rental to be paid by the Lessee equal to the Lease Payments hereunder; and WHEREAS, it is the intent of the parties that the original term of this Lease, and any subsequent renewal terms, shall not exceed 12 months, and that the payment obligation of the Lessee shall not. constitute a general obligation under State law; and WHEREAS, alt acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and delivery of this Lease do exist, have happened and have been performed in regular and due time, form and manner as required l~y law, and the parties hereto are now duly authorized to execute and enter into this Lease; NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the parties hereto agree as follows: Cily of Moumt F~nipmml -9196- ARTICLE I DEFINITIONS AND EXHIBITS SECTION 1.1 Definitions and Rules of Construction. Unless the context otherwise requires, the capitalized terms used herein shall, for all purposes of this Lease, have the meanings specifi.ed in the definitions below. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa. The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms, as used in this Lease, refer to this Lease as a whole. "Advance" shall have the meaning set forth in Section 2.1 (1)(i)(D) hereof. "Bank" shall have the meaning set forth in the Preamble hereof. "Business Day" means any day except a Saturday, Sunday, or other day on which banks in Salt Lake City, Utah or the State are authorized to close. "Code" means the Internal Revenue Code of 1986, as amended. "Commencement Date" means the date this Lease is executed by the Bank and the Lessee. "Event of Nonappropriation" shall have the meaning set forth in Section 3.2 hereof. "Governing Body" means the governing body of the Lessee. "Lease Pawnents" means the rental payments described in Exhibit A hereto. "Lease Payment Date" shall have the meaning set forth in Section 3.4(a) hereof. "Leased Property" shall have the meaning set forth in the Whereas clauses hereof. "Lessee" shall have the meaning set forth in the Preamble hereof. "Net Proceeds" means insurance or eminent domain proceeds received with respect to the Leased Property less expenses incurred in connection with the collection of such proceeds. "Obligation Instrument" shall have the meaning set forth in Section 2.1 (c) hereof. "Original Term" shall have the meaning set forth in Section 3.2 hereof. "Permitted Encumbrances" means, as of any particular time: (i) liens for taxes and assessments, if any, not then delinquent, or which the Lessee may, pursuant to provisions of Section 5.3 hereof, permit to remain unpaid; (ii)this Lease; (iii)any contested right or claim of any mechanic, laborer, materialman, supplier or vendor filed or perfected in the manner prescribed by law to the extent permitted under Section 5.4(b) hereof; (iv) easements, rights of way, mineral rights, drilling rights and C~.~ of'Mound .Equipme~tt l,.e~e, doc -9197- other rights, reservations, covenants, conditions or restrictions which exist of record as of the execution date of this Lease and which the Lessee hereby certifies will not materially impair the use of the Leased Property by the Lessee; and (v)other rights, reservations, covenants, conditions or restrictions established following the date of execution of this Lease and to which the Bank and the Lessee consent in writing. "Rebate Exemption" shall have the meaning set forth in Section 2. l(1)(ii)(A) hereof. "Regulations" shall have the meaning set forth in Section 2. l(1)(i) hereof. "Renewal Term" shall have the meaning set forth in Section 3.2 hereof. "Scheduled Term" shall have the meaning set forth in Section 3.2 hereof. "State" shall have the meaning set forth fin the Preamble hereof. '~Term" or 'Term of this Lease" means the Original Term and all Renewal Terms provided for in this Lease under Section 3.2 until this Lease is terminated as provided in Section 3.3 hereof. SECTION 1.2 Exhibits. Exhibits A, B, C and D attached to this Lease are by this reference made a part of this Lease. ARTICLE II REPRESENTATIONS, COVENANTS AND W~S SECTION 2.1 Representations, Covenants and Warranties of the Lessee. The Lessee represents, covenants and warrants to the Bank as follows: (a) Due Organization and Existence. The Lessee is a public agency of the State duly organized and existing under the Constitution and laws of the State. (b) Authorization; Enforceability. The Constitution and laws of the State authorize the Lessee to enter into this Lease and to enter into the transactions contemplated by, and to carry out its obligations under, this Lease. The Lessee has duly authorized, executed and delivered this Lease in accordance with the Constitution and laws of the State. This Lease constitutes the legal, valid and binding special obligation of the Lessee enforceable fin accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting the rights of creditors generally. (c) No Conflicts or Default; Other Liens or Encumbrances. Neither the execution and delivery of this Lease nor the fulfillment of or compliance with the terms and conditions hereof, nor the consummation of the transactions contemplated he~Zeby (i) conflicts with or results in a breach of the terms, conditions, provisions, or restrictions of any existing law, or court or administrative decree, order, or regulation, or agreement or instrument to which the Lessee is now a party or by which the Lessee is bound, including without limitation any -9198- agreement or instrument pertaining to any bond, note, lease, certificate of participation, debt instrument, or any other obligation of the Lessee (any such bond, note, lease, certificate of participation, debt instrument, and other obligation being referred to herein as an "Obligation Instrument"), (ii) constitutes a default under any of the foregoing, or (iii) results in the creation or imposition of any pledge, lien, charge or encumbrance whatsoever Upon any of the properW or assets of the Lessee, or upon the Leased Property except for Permitted Encumbrances. By way of example, and not to be construed as a limitation on the representations set forth in the immediately preceding paragraph: (A) no portion of the Leased Property is pledged to secure any Obligation Instrument; and (B) the interests of the Lessor in the Leased Property hereunder do not violate the terms, conditions or provisions of any restriction or revenue pledge in any agreement or instrument pertaining to any Obligation Instrument. If any Obligation Instrument existing on the date of execution of this Lease creates any pledge, lien, charge or encumbrance on any revenues, property or assets associated with the Existing Property and/or the Financed Property that is higher in priority to the Bank's interests therein under this Lease, the Bank hereby subordinates its interests therein, but only to the extent required pursuant to such existing Obligation Instrument. (d) Compliance with Open Meeting Requirements. The Governing Body has complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which the Lessee's execution of this Lease was authorized. (e) Compliance with Bidding Requirements. Either there are no procurement or public bidding laws of the State applicable to the acquisition and leasing of the Leased Property pursuant to this Lease, or the Governing Body and the Lessee have complied with all such procurement and public bidding laws as may be applicable hereto. (f) No Adverse Litigation. There are no legal or governmental proceedings or litigation pending, or to the best knowledge of the Lessee threatened or contemplated (or any basis therefor) wherein an unfavorable decision, ruling, or finding might adversely affect the transaction contemplated in or the validity of this Lease. (g) Opinion of Lessee's Counsel. The letter attached to this Lease as Exhibit D is a true opinion of Lessee's counsel. (h) Governmental Use of Leased Property. During the Term of this Lease, the Leased Property will be used solely by the Lessee, and only for the purpose of performing one or more governmental or proprietary functions of the Lessee consistent with the permissible scope of the Lessee's authority, and the Leased Property will not be subject to any direct or indirect private business use. City of Mo~d Equipment -9199- (i) Other Representations and Covenants. The representations, covenants, warranties, and obligations set forth in this Article are in addition to and are not intended to limit any other representations, covenants, warranties, and obligations set forth in this Lease. (j) No Nonappropriations. The Lessee has never non-appropriated or defaulted under any of its payment or performance obligations or covenants, either under any municipal lease of the same general nature as this Lease, or under any of its bonds, notes, or other Obligations of indebtedness for which its revenues or general credit are pledged. (k) No Legal Violation. The Leased Property is not, and at all times during the Term of this Lease will not be in violation of any federal, state or local law, statute, ordinance or regulation. (1) General Tax and Arbitrage Representations and Covenants (i) The certifications and representations made by the Lessee in this Lease are intended, among other purposes, to be a certificate permitted in Section 1.148-2(b) of the Treasury Regulations promulgated pursuant to Section 148 of the Code (the "Regulations"), to establish the reasonable expectations of the Lessee at the time of the execution of this Lease made on the basis of the facts, estimates and circumstances in existence on the date hereof. The Lessee further certifies and covenants as follows: (A) The Lessee has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as an issuer which may certify bond issues. (B) To the best knowledge and belief of the Lessee, there are no facts, estimates or circumstances that would materially change the conclusions, certifications or representations set forth in this Lease, and the expectations herein set forth are reasonable. (C) The Scheduled Term of this Lease does not exceed the usefuliife of the Leased Property, and the weighted average term of this Lease does not exceed the weighted average useful life of the Leased Property. (D) Each advance of funds by the Bank to finance Leased Property under this Lease (each an "Advance") will occur only when and to the extent that the Lessee has reasonably determined and identified the nature, need, and cost of each item of Leased Property pertaining to such Advance. (E) No use will be made of the proceeds of this Lease or any such Advance, or any funds or accounts of the Lessee which may be deemed to be proceeds of this Lease or any such Advance, which use, if it had been reasonably expected on the date of the execution of this Lease or of any such Advance, would have caused this Lease or any such Advance to be classified as an "arbitrage bond" within the meaning of Section 148 of the Code. City of Mound Equipmcm Lcase.doc -9200- (F) The Lessee will at all times comply with the rebate requirements of Section 148(f) of the Code as they pertain to this Lease, to the extent applicable. (G) In order to preserve the status of this Lease and the Advances as other than "private activity bonds" as described in Sections 103Co)(1) and 141 of the Code, as long as this Lease and any such Advances are outstanding and unpaid: (I) none of the proceeds from this Lease or the Advances or any facilities or assets financed therewith shall be used for any "private business use" as that term is used in Section 141(b) of the Code and defined in Section 141(b)(6) of the Code; (H) the Lessee will not allow any such "private business use" to be made of the proceeds of this Lease or the Advances or any facilities or assets financed therewith; and (III) none of the Advances or Lease Payments due hereunder shall be secured in whole or in part, directly or indirectly, by any interest in any property used in any such "private business use" or by payments in respect of such property, and shall not be derived from payments in respect of such property. (H) The Lessee will not take any action, or omit to take any action, which action or omission would cause the interest component of the Lease Payments to be ineligible for the exclusion from gross income as provided in Section 103 of the Code. (I) The Lessee is a "governmental unit" within the meaning of Section 141(b)(6) of the Code. (J) The obligations of the Lessee under this Lease are not federally guaranteed within the meaning of Section 149(b) of the Code. (K) This Lease and the Advances to be made pursuant hereto will not reimburse the Lessee for any expenditures incurred prior to the date of this Lease and do not constitute a "refunding issue" as defined in Section 1.150-1 (d) of the Regulations, and no part of the proceeds of this Lease or any such Advances will be used to pay or discharge any obligations of the Lessee the interest on which is or purports to be excludable from gross income under the Code or any predecessor provision of law. (L) In compliance with Section 149(e) of the Code relating to information reporting, the Lessee will file or cause to be filed with the Internal Revenue Service Center, Ogden, UT 84201, within fifteen (15) days from the execution of this Lease, IRS Form 8038-G or 8038-GC, as appropriate, reflecting the total aggregate amount of Advances that can be made pursuant to this Lease. CiI¥ ol'Mound F. qalpm~t L~.do~ -9201 - C/~ of Mound ~uipm~'~ L~as=.doc (M) None of the proceeds of this Lease or the Advances to be made hereunder will be used directly or indirectly to replace funds of the Lessee used directly or indirectly to acquire obligations at a yield materially higher than the yield on this Lease or otherwise invested in any manner. No portion of the Advances will be made for the purpose of investing such portion at a materially higher yield than the yield on this Lease. (Iq) Inasmuch as Advances will be made under this Lease only when and to the extent the Lessee reasonably determines, identifies and experiences the need therefor, and will remain outstanding and unpaid only until such time as the Lessee has moneys available to repay the same, the Lessee reasonably expects that (I) the Advances will not be made sooner than necessary; (II) no proceeds from the Advances will be invested at a yield higher than the yield on this Lease; and (HI) the Advances and this Lease will not remain outstanding and unpaid longer than necessary. (O) The Lessee will either (i) spend all of the moneys advanced pursuant to this Lease immediately upon receipt therdof, without investment, on the portion of the Leased Property that is to be financed thereby; or (ii) invest such moneys at the highest yield allowable and practicable under the circumstances until they are to be spent on the portion of the Leased Property that is to be financed thereby, and track, keep records of, and pay to the United States of America, all rebatable arbitrage pertaining thereto, at the times, in the amounts, in the manner, and to the extent required under Section 148(f) of the Code and the Treasury Regulations promulgated in connection therewith. At least five percent (5%) of the total amount of moneys that are expected to be advanced pursuant to this Lease are reasonably expected to have been expended on the Leased Property within six (6) months from the date of this Lease. All moneys to be advanced pursuant to this Lease are reasonably expected to have been expended on the Leased Property no later than the earlier of: (I) the date twelve (12) months from the date such moneys are advanced; and (II) the date three (3) years from the date of this Lease. (P) This Lease and the Advances to be made hereunder are not and will not be part of a transaction or series of transactions that ' attempts to circumvent the provisions of Section 148 of the Code and the regulations promulgated in connection therewith (I) enabling the Lessee to exploit the difference between mx-exempt and taxable interest rates to gain a material financial advantage, and (II) overburdening the tax-exempt bond market, as those terms are used in Section 1.148-10(a)(2) of the Regulations. (Q) To the best of the knowledge, information and belief of the Lessee, the above expectations are reasonable. On the basis of the foregoing, it is not expected that the proceeds of this Lease and the Advances to be made hereunder will be used in a manner that would cause this Lease or such Advances to be "arbitrage bonds" under Section 148 of the Code and the regulations promulgated thereunder, and to the best of the knowledge, information and belief of the Lessee, there are no other facts, estimates or circumstances that would materially change the foregoing conclusions. -9202- (ii) Arbitrage Rebate Under Section 148(f) of the Code. With respect to the arbitrage rebate requirements of Section 148(f) of the Code, either (check applicable box): [-'] (A) Lessee Qualifies for Small Issuer Exemption from Arbitrage Rebate: The LesSee hereby certifies and represents that it qualifies for the exception contained in Section 148(f)(4)(D) of the Code from the requirement to rebate arbitrage earnings from investment of proceeds of the Advances made under this Lease (the "Rebate Exempti°n'') as follows: (1) The Lessee has general taxing powers. (2) Neither this Lease, any Advances to be made hereunder, nor any portion thereof are private activity bonds as defined in Section 141 of the Code ("Private Activity Bonds"). (3) Ninety-five percent (95%) or more of the net proceeds of the Advances to be made hereunder are to be used for local government activities of the Lessee (or of a governmental unit, the jurisdiction of which is entirely within the jurisdiction of the Lessee). (4) Neither the Lessee nor any aggregated issuer has issued or is reasonably expected to issue any tax-exempt obligations .other than Private Activity Bonds (as those terms are used in Section 148(f)(4)(D) of the Code) during the current calendar year, including the Advances to be made hereunder, which in the aggregate would exceed $5,000,000 in face amount, or $10,000,000 in face amount for such portions, if any, of any tax-exempt obligations of the Lessee and any aggregated issuer as are attributable to construction of public school facilities within the meaning of Section 148(f)(4)(D)(vii) of the Code. For purposes of this Section, "aggregated issuer" means any entity which (a) issues obligations on behalf of the Lessee, (b) derives its issuing authority from the Lessee, or (c) is subject to substantial control by the Lessee. The Lessee hereby .certifies and represents that it has not created, does not intend to create and does not expect to benefit from any entity formed or availed of to avoid the purposes of Section 148(f)(4)(D)(i)(IV) of the Code. City of Mound P.~ipmeat Lease.doc Accordingly, the Lessee will qualify for the Rebate Exemption granted to governmental units issuing less than $5,000,000 under Section 148(f)(4)(D) of the Code ($10,000,000 for the financing of public school facilities construction as described above), and the Lessee shall be treated as meeting the requirements of Paragraphs (2) and (3) of Section 148(0 of the Code relating to the required rebate of arbitrage earnings to the United States with respect to this Lease and the Advances to be made hereunder. [--] (B) Lessee Will Keep Records of and Will Rebate Arbitrage: The Lessee does not qualify for the small issuer Rebate Exemption described above, and the Lessee hereby certifies and covenants that it will account for, keep the appropriate records of, and pay to the United States, the rebate amount, if any, -9203- earned from the investment of gross proceeds of this Lease and the Advances to be made hereunder, at the times, in the amounts, and in the manner prescribed in gection 14§(i') of the Code and the applicable Regulations promulgated with respect thereto. (m) Small Issuer Exemption from Bank Nondeductibility Restriction. Based on the following representations of the Lessee, the Lessee hereby designates this Lease and the interest components of the Lease Payments hereunder as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code: (i) this Lease and the Lease Payments hereunder are not private activity bonds within the meaning of Section 141 of the Code; (ii) the Lessee reasonably anticipates that it, together with all "aggregated issuers," will not issue during the current calendar year obligations (other than those obligations described in clause (iii) below) the interest on which is excluded from gross income for federal income tax purposes under Section 103 of the Code which, when aggregated with this Lease, will exceed an aggregate principal amount of $10,000,000; (iii) and notwithstanding clause (ii) above, the Lessee and its aggregated issuers may have issued in the current calendar year and may continue to issue during the remainder of the current calendar year private activity bonds other than qualified 501 (e)(3) bonds as defined in Section 145 of the Code. For purposes of this subsection, "aggregated issuer" means any entity which (a) issues obligations on behalf of the Lessee, (b) derives its issuing authority from the Lessee, or (c) is subject to substantial control by the Lessee. The Lessee hereby certifies and represents that it has not created, does not intend to create and does not expect to benefit from any entity formed or availed of to avoid the purposes of Section 265(b)(3)(C) or (D) of the Code. SECTION 2.2 Representations, Covenants and Warranties of the Bank. The Bank is a national banking association, duly organized, existing and in good standing under and by virtue of the laws of the United States of America, has the power to enter into this Lease, is possessed of full power to own and hold real and personal property, and to lease and sell the same, and has duly authorized the execution and delivery of this Lease. This Lease, constitutes the legal, valid and binding obligation of the Bank, enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting the rights of creditors generally. ARTICLE IH AGREEMENT TO LEASE; TERM OF LEASE; LEASE PAYMENTS SECTION 3.1 Lease. The Bank hereby leases the Leased Property to the Lessee, and the Lessee hereby leases the Leased Property from the Bank, upon the terms and conditions set forth herein. Concurrently with its execution of this Lease, the Lessee shall deliver to the Bank fully completed documents substantially in the forms attached hereto as Exhibits B, C and D hereto. SECTION 3.2 Term. The Term of this Lease shall commence on the date of execution of this Lease, including delivery to the Bank by the Lessee of fully completed documents in the forms set forth in Exhibits B, C and D attached hereto, and continue until the end of the fiscal year of Lessee in effect at the Commencement Date (the "Original Term"). Thereafter, this Lease will be extended for 5 successive additional periods of one year coextensive with Lessee's fiscal year (each, a "Renewal Term") subject to an Event of Nonappropriation as described herein below in this Section 3.2 and in Section 3.3(a), with the final Renewal Term ending on May 1, 2005, unless this Lease is terminated as hereinafter provided. The Original Term together with all scheduled Renewal Terms shall be referred to herein as the "Scheduled Term" irrespective of whether this Lease is terminated for any reason prior to the scheduled commencement or termination of any Renewal Term as provided herein. City of Moul~l Equipment l.ease.doc 9 -9204- If Lessee does not appropriate funds for the payment of Lease Payments due for any Renewal Term in the adopted budget of the Lessee for the applicable fiscal year (an "Event of Nonappropriation"), this Lease will terminate upon the expiration of the Original or Renewal Term then in effect and Lessee shall notify Bank of such termination at least ten (10) days prior to the expiration of the Original or Renewal Term then in effect. SECTION 3.3 Termination. This Lease will terminate upon the earliest of any of the following events: (a) upon the expiration of the Original Term or any Renewal Term of this Lease following an Event of Nonappropriation; Co) the exercise by Lessee of any option to purchase granted in this Lease by which Lessee purchases all of the Leased Property; (c) herein; or a default by Lessee and Bank's election to terminate this Lease under Article VII (d) the expiration of the Scheduled Term of this Lease, the Lessee having made payment of all Lease Payments accrued to such date. SECTION 3.4 Lease Payments. (a) Time and Amount. During the Term of this Lease and so long as this Lease has not terminated pursuant to Section 3.3, the Lessee agrees to pay to the Bank, its successors and assigns, as annual rental for the use and possession of the Leased Property, the Lease Payments (denominated into components of principal and interest) in the amounts specified in Exhibit A, to be due and payable in arrears on each payment date identified in Exhibit A (or if such day is not a Business Day, the next succeeding Business Day) specified in Exhibit A (the "Lease Payment Date"). (b) Rate on Overdue Payments. In the event the Lessee should fail to make any of the Lease Payments required in this Section, the Lease Payment in default shall continue as an obligation of the Lessee until the amount in default shall have been fully paid, and the Lessee agrees to pay the same with interest thereon, to the extent permitted by law, from the date such amount was originally payable at the rate equal to the original interest rate payable with respect to such Lease Payments. (c) Additional Payments. Any additional payments required to be made by the Lessee hereunder, including but not limited to Sections 4.1, 5.3, and 7.4 of this Lease, shall constitute additional rental for the Leased Property. SECTION 3.5 Possession of Leased Property Upon Termination. Upon termination of this Lease pursuant to Sections 3.3(a) or 3.3(c), the Lessee shall transfer the Leased Property to the Bank in such manner as may be specified by the Bank, and the Bank shall have the right to take possession of the Leased Property by virtue of the Bank's ownership interest as lessor of the Leased Property, and the Lessee at the Bank's direction shall ship the Leased Property to the destination designated by the Bank by loading the Leased Property at the Lessee's cost and expense, on board such cartier as the Bank shall specify. SECTION 3.6 No Withholding. Notwithstanding any dispute between the Bank and the Lessee, including a dispute as to the failure of any portion of the Leased Property in use by or possession of the of'Mound Equipment Le,~sc,do¢ 10 -9205- Lessee to perform the task for which it is leased, the Lessee shall make all Lease Payments when due and shall not withhold any Lease Payments pending the final resolution of such dispute. SECTION 3.7 Lease Pawnents to Constitute a Current Obligation of the Lessee. Notwithstanding any other provision of this Lease, the Lessee and the Bank acknowledge and agree that the obligation of the Lessee to pay Lease Payments hereunder constitutes a current special obligation of the Lessee payable exclusively from current and legally available funds and shall not in any way be construed to be an indebtedness of the Lessee within the meaning of any constitutional or statutory limitation or requirement applicable to the Lessee concerning the creation of indebtedness. The Lessee has not hereby pledged the general tax revenues or credit of the Lessee to the payment of the Lease Payments, or the interest thereon, nor shall this Lease obligate the Lessee to apply money of the Lessee to the payment of Lease Payments beyond the then current Original Term or Renewal Term, as the case may be, or any interest thereon. SECTION 3.8 Net Lease. This Lease shall be deemed and construed to be a "net lease" and the Lessee hereby agrees that the Lease Payments shall be an absolute net return to the Bank, free and clear of any expenses, charges or set-offs whatsoever, except as expressly provided herein. SECTION 3.9 Offset. Lease Payments or other sums payable by Lessee pursuant to this Lease shall not be subject to set-off, deduction, counterclaim or abatement and Lessee shall not be entitled to any credit against such Lease Payments or other sums for any reason whatsoever, including, but not limited to: (i) any accident or unforeseen circumstances; (ii) any damage or destruction of the Leased Property or any part thereof; (iii) any restriction or interference with Lessee's use of the Leased Property; (iv) any defects, breakdowns, malfunctions, or unsuitability of the Leased Property or any part thereof; or (v) any dispute between the Lessee and the Bank, any vendor or manufacturer of any part of the Leased Property, or any other person. ARTICLE IV INSURANCE SECTION 4.1 Insurance. Lessee, at Bank's option, will either self insure, or at Lessee's cost, will cause casualty insurance, public liability insurance, and property damage insurance to be carded and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and to be in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self-insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank t° be the named insured on such policies as its interest under this Lease may appear. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance satisfactory to Bank, if any, together with receipts for the initial premiums before the Leased Property is delivered to Lessee. Renewal policies, if any together with receipts showing payment of the applicable premiums will be delivered to Bank at least thirty (30) days before termination of the policies being renewed. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workmen's compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease. City of Mouod E~lnipmeat 11 -9206- SECTION 4.2 Damage to or Destruction of the Leased ProperW. If all or any part of the Leased Property is lost, stolen, destroyed, or damaged, Lessee will give Bank prompt notice of such event and will, to the extent permitted by law, repair or replace the same at Lessee's cost. If such lost, stolen, destroyed or damaged Leased Property is equipment, it shall be repaired or replaced within thirty (30) days after such event. If such lost, stolen, destroyed or damaged Leased Property is other than equipment, it shall be repaired or replaced within one hundred eighty (180) days after such event. Any replaced Leased Property will be substituted in this Lease by appropriate endorsement. All insurance proceeds received by Bank under the policies required under Section 4.1 with respect to the Leased Property lost, stolen, destroyed, or damaged, will be paid to Lessee if the Leased Property is repaired or replaced by Lessee as required by this Section. If Lessee fails or refuses to make the required repairs or replacement, such proceeds will be paid tO Bank to the extent of the then remaining portion of the Lease Payments to become due during the Scheduled Term of this Lease less that portion of such Lease Payments attributable to interest which will not then have accrued as provided in Section 8.1. No loss, theft, destruction, or damage to the Leased Property will impose any obligation on Bank under this Lease, and this Lease will continue in full force and effect regardless of such loss, theft, destruction, or damage. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss, theft, destruction, or damage to the Leased Property and for injuries or deaths of persons and damage to property howev~er arising? whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such damage to property be to Lessee's property or to the property of others. ARTICLE V COVENANTS SECTION 5.1 Use of the Leased Property. The Lessee represents and warrants that it has an immediate and essential need for the Leased Property to carry out and give effect to the public purposes of the Lessee, which need is not temporary or expected to diminish in the foreseeable furore, and that it expects to make immediate use of all of the Leased Property. The Lessee hereby covenants that it will install, use, operate, maintain, and service the Leased Property in accordance with all vendors' instructions and in such a manner as to preserve all warranties and guarantees with respect to the Leased Property. 'The Lessor hereby assigns to the Lessee, without recourse, for the Term of this Lease, all manufacturer warranties and. guaranties, express or implied, pertinent to the Leased Property, and the Lessor directs the Lessee to obtain the customary services furnished in connection with such warranties and guaranties at the Lessee's expense; provided, however, that the Lessee hereby agrees that it will reassign to the Lessor all such warranties and guaranties in the event of termination of this Lease pursuant to Sections 3.3(a) or 3.3(c). SECTION 5.2 Interest in the Leased ProperW and this Lease. Upon expiration of the Term as provided in Section 3.3Co) or 3.3(d) hereof, all right, title and interest of the Bank in and to all of the Leased Property shall be transferred to and vest in the. Lessee, without the necessity of any additional document of transfer. SECTION 5.3 Maintenance, Utilities, Taxes and Assessments. (a) Maintenance; Repair and Replacement. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all repair and maintenance of the Leased Property shall be the responsibility of the Lessee, and the Lessee shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property excepting ordinary wear and tear, and the Lessee hereby covenants and agrees that it will comply with all vendors' and manufacturers' maintenance and warranty requirements pertaining to the Leased City of Mo*nd ~leilm~em Le~e.doe 12 -9207- Property. In exchange for the Lease Payments herein provided, the Bank agrees to provide only the Leased Property, as hereinbefore more specifically set forth. Lb) Tax and Assessments; Utility Charges. The Lessee shall also pay or cause to be paid all taxes and assessments, including but not limited to utility charges, of any type or nature charged to the Lessee or levied, assessed or charged against any portion, of the Leased Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. (c) Contests. The Lessee may, at its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom; provided that prior to such nonpayment it shall furnish the Bank with the opinion of an independent counsel acceptable to the Bank to the effect that, by nonpayment of any such items, the interest of the Bank in such portion of the Leased Property will not be materially endangered and that the Leased Property will not be subject to loss or forfeiture. Otherwise, the. Lessee shall promptly pay such taxes, assessments or charges or make provisions for the payment thereof in form satisfactory to the Bank. SECTION 5.4 Modification of the Leased Property. (a) Additions, Modifications and Improvements. The Lessee shall, at its own expense, have the right to make additions, modificatiOns, and improvements to any portion of the Leased Property if such improvements are necessary or beneficial for the use of such portion of the Leased Property. All such additions, modifications and improvements shall thereafter comprise part of the Leased Property and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage any portion of the Leased Property or cause it to be used for purposes other than those authorized under the provisions of State and federal law or in any way which would impair the exclusion from gross income for federal income tax purposes of the interest components of the Lease Payments; and the Leased Property, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value which is not substantially less than the value of the Leased Property immediately prior to the making of such additions, modifications and improvements. Co) No Liens. Except for Permitted Encumbrances, the Lessee will not permit (i) any liens or encumbrances to be established or remain against the Leased Property or (ii) any mechanic's or other lien to be established or remain against the Leased Property for labor or materials furnished in connection with any additions, modifications or improvements made by the Lessee pursuant to this Section; provided that if any such mechanic's lien is established and the Lessee shall first notify or cause to be notified the Bank of the Lessee's intention to do so, the Lessee may in good faith contest any lien filed or established against the Leased Property, and in such event may permit the items so contested 'to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom and shall provide the Bank with full security against any loss or forfeiture which might arise from the nonpayment of any such item, in form satisfactory to the Bank. The Bank will cooperate fully in any such contest. SECTION 5.5 Permits. The Lessee will provide all permits and licenses necessary for the ownership, possession, operation, and use of the Leased Property, and will comply with all laws, rules, regulations, and ordinances applicable to such ownership, possession, operation, and use. If compliance with any law, rule, regulation, ordinance, permit, or license requires changes or additions to be made to the Leased Property, such changes or additions will be made by the Lessee at its own expense. City of Mom~l ~q~ipme~J L~..doc 13 -9208- SECTION 5.6 Bank's Right to Perform for Lessee. If the Lessee fails to make any payment or to satisfy any representation, covenant, warranty, or obligation contained herein or imposed hereby, the Bank may (but need not) make such payment or satisfy such representation, covenant, warranty, or obligation, and the mount of such payment and the expense of any such action incurred by the Bank, as the case may be, will be deemed to be additional rent payable by the Lessee on the Bank's demand. SECTION 5.7 Bank's Disclaimer of Warranties. The Bank has played no part in the selection of the Leased Property, the Lessee having selected the Leased Property independently from the Bank. The Bank, at the Lessee's request, has acquired or arranged for the acquisition of the Leased Property and shall lease the same to the Lessee as herein provided, the Bank's only role being the facilitation of the financing of.the Leased Property for the Lessee. THE BANK MAKES NO W~ OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE LESSEE OF THE LEASED PROPERTY, OR ANY PORTION THEREOF. THE LESSEE ACKNOWLEDGES THAT THE BANK IS NOT A MANUFACTURER OR VENDOR OF ALL OR ANY PORTION OF THE LEASED PROPERTY, AND THAT THE LESSEE IS LEASING THE LEASED PROPERTY AS IS. In no event shall the Bank be liable for incidental, direct, indirect, special or consequential damages, in connection with or arising out of this Lease, for the existence, furnishing, functioning or Lessee's use and possession of the Leased Property. SECTION 5.8 Indenmification. To the extent permitted by applicable law, the Lessee hereby agrees to indemnify and hold harmless the Bank, its directors, officers, shareholders, employees, agents, and successors frOm and against any loss, claim, damage, expense, and liability resulting from or attributable to the acquisition, construction, or use of the Leased Property. Notwithstanding the foregoing, the Bank shall not be indemnified for any liability resulting from the gross negligence or willful misconduct of the Bank. SECTION 5.9. Inclusion for Consideration as Budget Item. During the Term of this Lease, the Lessee covenants and agrees that it shall give due consideration, in accordance with applicable law, as an item for expenditure during its annual budget considerations, of an amount necessary to pay Lease Payments for the Leased Property during the next succeeding Renewal Term. Nothing herein shall be construed to direct or require that Lessee take or direct that any legislative act be done, or that the Governing Body of Lessee improperly or unlawfully delegate any of its legislative authority. SECTION 5.10. Annual Financial Information. During the Term of this Lease, the Lessee covenants and agrees to provide the Bank as soon as practicable when they are available: (i) a copy of the Lessee's final annual budget for each fiscal year; (ii) a copy of the Lessee's most recent financial statements; and (iii) any other financial reports the Bank may request from time to time. ARTICLE VI ASSIGNMENT AND SUBLEASING SECTION 6.1 Assigrmaent by the Bank. The parties hereto agree that all rights of Bank hereunder may be assigned, transferred or otherwise disposed of, either in whole or in part, including without limitation transfer to a trustee pursuant to a trust arrangement under which the trustee issues certificates of participation evidencing undivided interests in this Lease and/or the rights to receive Lease Payments hereunder, provided that notice of any such assignment, transfer or other disposition is given to Lessee at least five (5) days prior thereto. City of Mound ~qui~*a~t L~,do~ 14 -9209- SECTION 6.2 Assignment and Subleasing by the Lessee. The Lessee may not assign this Lease or sublease all or any portion of the Leased Property unless both of the following shall have occurred: (i) the Bank shall have eonsentecl to such assignment or sublease; and (ii} the Bank shall have received assurance acceptable to the Bank that such assignment or sublease: (A) is authorized under applicable state law, (B) will not adversely affect the validity of this Lease, and (C) will not adversely affect the exclusion from gross income for federal income tax purposes of the interest components of the Lease Payments. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES SECTION 7.1 Events of Default Defined. The following shall be "events of default" under this Lease and the terms "events of default" and "default" shall mean, whenever they are used in this Lease, any one or more of the following events: (a) Payment Default. Failure by the Lessee to pay any Lease Payment required to be Paid hereunder by the corresponding Lease Payment Date. 00) Covenant Default. Failure by the Lessee to observe and perform any warranty, covenant, condition or agreement on its part to be observed or performed herein or otherwise with respect hereto other than as referred to in clause (a) of this Section, for a period of 30 days after written notice specifying such failure and requesting that it be remedied has been given to the Lessee by the Bank; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the Bank shall not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Lessee within the applicable period and diligently pursued until the default is corrected. (c) Bankruptcy or Insolvency. The filing by the Lessee of a case in bankruptcy, or the subjection of any fight or interest of the Lessee under this Lease to any execution, garnishment or attachment, or adjudication of the Lessee as a bankrupt, or assignment by the Lessee for the benefit of creditors, or the entry by the Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Lessee in any proceedings instituted under the provisions of the federal bankruptcy code, as amended, or under any similar act which may hereafter be enacted. The foregoing provisions of this Section 7.1 are subject to the provisions of Section 3.2 hereof with respect to nonappropriation. SECTION 7.2 Remedies on Default. Whenever any event of default referred to in Section 7.1 hereof shall have happened and be continuing, the Bank shall have the right, at its sole option without any further demand or notice to take one or any combination of the following remedial steps: (a) take possession of the Leased Property by virtue of the Bank's ownership interest as lessor of the Leased Property; (b) hold the Lessee liable for the difference between (i) the rents and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term, as appropriate, and (ii) the rent paid by a lessee of the Leased Property pursuant to such lease; and (c) take whatever action at law or in equity may appear necessary or desirable to enforce its fight hereunder. 15 -9210- ' SECTiON 7.3 No Remedy Exclusive. No remedy conferred herein upon or reserved to the Bank is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Bank to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such notice as may be required in this Article or by law. SECTION 7.4 Agreement to Pay Attorneys' Fees and Expenses. In the event either party to this Lease should default under any of the provisions hereof and the nondefaulting party should employ attorneys or incur other expenses for the collection of moneys or the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party contained herein, the defaulting party agrees that it will pay on demand to the nondefaulting party the reasonable fees of such attorneys and such other expenses so incurred by the nondefaulting party. SECTION 7.5 Waiver of Certain Damages. With respect to all of the remedies provided for in this Article VII, the Lessee hereby waives any damages occasioned by the Bank's repossession of the Leased Property upon an event of default. ARTICLE VIII PREPAYMENT OF LEASE PAYMENTS IN PART SECTION 8.1 Extraordinary Prepayment From Net Proceeds. To the extent, if any, required pursuant to Section 4.1 the Lessee shall be obligated to purchase the Leased Property by prepaying the Lease Payments in whole or in part on any date, from and to the extent of any Net Proceeds or other moneys pursuant to Article IV hereof. The Lessee and the Bank hereby agree that in the case of such prepayment of the Lease Payments in part, such Net Proceeds or other moneys shall be credited toward the Lessee's obligations hereunder pro rata among Lease Payments so that following prepayment, the remaining annual Lease Payments will be proportional to the initial annual Lease Payments. SECTION 8.2 Option to Purchase Leased Property. Subject to the terms and conditions of this Section, the Bank hereby grants an option to the Lessee to purchase all or a portion of the Leased Property by paying on any date a price equal to the portion of the outstanding principal component of the Lease Payments that is allocable to such portion of the Leased Property that is being so purchased, without premium, plus the accrued interest component of such portion of the Lease Payments to such payment date. To exercise this option, the Lessee must deliver to the Bank written notice specifying the date on which the Leased Property is to be purchased (the "Closing Date"), which notice must be delivered to the Bank at least thirty (30) days prior to the Closing Date specified therein. The Lessee may purchase the Leased Property pursuant to the option granted in this Section only if the Lessee has made all Lease Payments when due (or has remedied any defaults in the payment of Lease Payments, in accordance with the provisions of this Lease) and all other warranties, representations, covenants, and obligations of the Lessee under this Lease have been satisfied (or all breaches thereof have been waived by the Bank in writing). Upon the expiration of the Scheduled Term of'this Lease and provided that all conditions of the immediately preceding paragraph have been satisfied (except those pertaining to notice), the Lessee shall be deemed to have purchased the Leased Property (without the need for payment of additional moneys) and shall be vested with all rights and title to the Leased Property. City oflv~om~l Equipment Lear. e.~c 16 -9211 - ARTICLE IX MIgCELLANEOUg SECTION 9.1 Notices. Unless otherwise specifically provided herein, all notices shall be in writing addressed to the respective party as set forth below (or to such other address as the party to whom such notice is intended shall have previously designated by whtten notice to the serving party), · and may be personally served, telecopied, or sent by overnight courier service or United States mail: IftoBank: If to the Lessee: Zions First National Bank Public Financial Services 1 South Main Street; Suite 1390 Salt Lake City, Utah 84111 Attention: Robert Howell City of Mound 5341 Maywood Road Mound, MN 55364 Attention: Gino Businaro Such notices shall be deemed to have been given: (a) if delivered in person, when delivered; (b) if delivered by telecopy, on the date of transmission if transmitted by 4:00 p.m. (Salt Lake City time) on a Business Day or, if not, on the next succeeding Business Day; (c) if delivered by overnight courier, two Business Days after delivery to such courier properly addressed; or (d) if by United States mail, four Business Days after depositing in the United States mail, postage prepaid and properly addressed. SECTION 9.2 System of Registration. The Lessee shall be the Registrar for this Lease and the rights to payments hereunder. The Bank shall be the initial Registered Owner of rights to receive payments hereunder. If the Bank transfers its rights to receive payments hereunder, the Registrar shall note on this Lease the name and address of the transferee. SECTION 9.3 Instruments of Further Assurance. To the extent, if any, that the Bank's interest in the Leased Property as Lessor under this Lease is deemed to be a security interest in the Leased Property, then the Lessee shall be deemed to have granted, and in such event the Lessee does hereby grant, a security interest in the Leased Property to the Bank, which security interest includes proceeds, and this Lease shall constitute a security agreement under applicable law. Concurrently with the execution of this Lease, the Lessee has executed, delivered, and filed and/or recorded all financing statements, UCC forms, mortgages, deeds of trust, notices, filings, and/or other instruments, in form required for filing and/or recording thereof, as are required under applicable law to fully perfect such security interest of the Bank in the Leased Property (collectively, "Security Documents"). Attached hereto as Exhibit E are copies of all such Security Documents. The Lessee will do, execute, acknowledge, deliver and record, or cause to be done, executed, acknowledged, delivered and recorded, such additional acts, notices, filings and instruments as the Bank may require in its sole discretion to evidence, reflect and perfect the title, ownership, leasehold interest, security interest and/or other interest of the Bank in and to any part or all o~'the Leased Property, promptly upon the request of the Bank. SECTION 9.4 Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the Bank and the Lessee and their respective successors and assigns. SECTION 9.5 Amendments. This Lease may be amended or modified only upon the written agreement of both the Bank and the Lessee. SECTION 9.6 Section Headings. Section headings are for reference only, and shall not be used to interpret this Lease. SECTION 9.7 Severability. In the event any provision of this Lease shall be held invalid or unenforceable by a court of competent jurisdiction, to the extent permitted by law, such holding shall not invalidate or render unenforceable any other provision hereof. City of Mound Equit~m~t Lea~.doc 17 -9212- SECTION 9.8 Entire Agreement. This Lease and the attached Exhibits constitute the entire agreement between the Bank and the Lessee and supersedes any prior agreement between the Bank and the Lessee with respect to the Leased Property, except as is set forth in an Addendum, if any, which is made a part of this Lease and which is signed by both the Bank and the Lessee. SECTION 9.9 Execution in Counterparts. This Lease may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 9.10 Arbitration. To the extent permitted by law, any dispute, controversy or claim arising out of or based upon the terms of this Lease or the transactions contemplated hereby shall be settled exclusively and finally by binding arbitration. Upon written demand for arbitration by any party hereto, the parties to the dispute shall confer and attempt in good faith to agree upon one arbitrator. If the parties have not agreed upon an arbitrator within thirty (30) days after receipt of such written demand, each party to the dispute shall appoint one arbitrator and those two arbitrators shall agree upon a third arbitrator. Any arbitrator or arbitrators appointed as provided in this section shall be selected from panels maintained by, and the binding arbitration shall be conducted in accordance with the commercial arbitration rules of, the American Arbitration Association (or any succeSsor organization), and Such arbitration shall be binding upon the parties. The arbitrator or arbitrators shall have no power to add or detract from the agreements of the parties and may not make any ruling or award that does not conform to the terms and conditions of this Lease. The arbitrator or arbitrators shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages. Judgment upon an arbitration award may be entered in any court having jurisdiction. The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees and expert witness costs and expenses, unless the arbitrator or arbitrators shall for good cause determine otherwise. SECTION 9.11 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. City of Mound Equipment Lease.doc 18 -9213- IN WITNESS WHEREOF, the Bank has caused this Lease to be executed in/ts name by its duly authorized officer, and the Lessee has caused this Lease to be executed in its name by its duty authorized officer, as of the date first above written. ZIONS FIRST NATIONAL BANK, as Lessor By ~~--~ ~d .Officer CITY OF MOUND, as Lessee By: Mayor Title By: City Clerk Attest: 19 -9214- EXHIBIT A FIXED RATE LEASE PAYMENT DEBT SERVICE SCHEDULE* 1. Interest. Interest components payable on the principal amount outstanding have been computed at the rate of 4.76 percent ( 4.76 %) per annum calculated based on actual number of days elapsed during a 360 day year (the "Stated Interest Rate"); provided, however, that in the event: (A) the Lease to which this Exhibit is attached and the Lessee's payment obligations thereunder do not constitute a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); (B) the interest components thereof do not qualify for exclusion from gross income of the owner thereof for federal income tax purposes under Section 103 of the Code; (C) the combined federal and state corporate income tax rate applicable to the Bank is less than 25%; or (D) revisions in the federal tax laws, including without limitation the adoption of a flat tax or a modified flat tax, result in the Bank's losing 50% or more of its tax benefit in owning the Lease, then the interest components shall be increased payable at the rate equal to the sum of: (I) the Stated Interest Rate described above; plus (ii) zero percentage points (0%). Payment Dates and Amounts. Payment Date Principal Component Interest Component [See Attached Schedule of Payments] Total Lease Payment *The attached Lease Payment Debt Service Schedule is pro forma only, based upon an assumed funding date[s], and shall be replaced by a final Lease Payment Debt Service Schedule that will be attached to this Schedule A, and that is completed using the same interest rate shown above, and principal components as close as practicable to those shown above, based upon the actual funding date[s], so that the Lessee incurs interest only on funds as they are actually received by the Lessee under the Lease. City of Mound Equipment Lease.doc -9215- 10/03/2001 11:00 FAX 8015248693 PUBLIC FINANCIAL SERVICE ~002 $ 55,000.00 8 ~oz'ma~ 360 10-03-01 of Mound Loan Amount: Term of Loan: Amortization Method: PMT Due Date Payment Amount D/Y Loan Date: Annual Interest Rate: Interest Compounded: Interest Principal 10-09-2001 4.760 % Semi-Annual Balance l 2001 2 3 2002 4 5 2003 2004 8 2005 Grand 11-01-01 7,476.77 totals 7,476.77 05-01-02 7,476.77 11-01-02 7,476.77 totals 14,953.54 05-01-03 7,476.77 11-01-03 7,476.77 totals 14,953.54 05-01-04 7,476.77 11-01-04 7,476.77 totals 14,953.54 05-01-05 7,476.73 totals 7,476.93 totals $ 59,814.12 $ 167.26 167.26 1,135.03 984.10 2,119.13 829.57 671.37 1,500.94 509.40 343.58 852.98 173.81 173.81 7,309.51 7,309.51. 6,341.74 6,492.67 12,834.41 6,647.20 6,805.40 13,452.60 6,967.37 7,133.19 14,100.56 7,302.92 7,302.92 4,814.12 $ 55,000.00 47,690.49 41,348.75 34,856.08 28,208.88 21,403.48 14,436.11 7,302.92 0.00 -9216- EXHIBIT B DESCRIPTION OF THE LEASED PROPERTY Computer Hardware Computer Software Mailing Machine Scanning Device City of Mound Equlpmen t Leaae -Oct 2001.doc B-1 -9217- EXHIBIT C RESOLUTION OF GOVERNING BODY A resolution approving the form of the Lease/Purchase Agreement with Zions First National Bank, Salt Lake City, Utah and authorizing the execution and delivery thereof. Whereas, City Council (the "Governing Body") has determined that the leasing of the property described in the Lease/Purchase Agreement (the "Lease/Purchase Agreement") presented at this meeting is for a valid public purpose and is essential to the operatiOns of City of Mound (the "Lessee"); and Whereas, the Governing Body has reviewed the form of the Lease/Purchase Agreement and has found the terms and conditions thereof acceptable to the Lessee; and Whereas, either there are no legal bidding requirements under applicable law to arrange for the leasing of such property under the Lease/Purchase Agreement, or the Governing Body has taken the steps necessary to comply with the same with respect to the Lease/Purchase Agreement; and Be it resolved by the Governing Body of City of Mound as follows: SECTION 1. The terms of said Lease/Purchase Agreement are in the best interests of the Lessee for the leasing of the property described therein. SECTION 2. The appropriate officers and officials of the Lessee are hereby authorized and directed to execute and deliver the Lease/Purchase Agreement in substantially the form presented to this meeting and any related documents and certificates necessary to the consummation of the transactions contemplated by the Lease/Purchase Agreement for and on behalf of the Lessee. The officers and officials of the Lessee may make such changes to the Lease/purchase Agreement and related documents and certificates as such officers and officials deem necessary or desirable, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. The officers and officials of the Governing Body and the Lessee are hereby authorized and directed to fulfill all obligations under the terms of the Lease/purchase Agreement. C-1 -9218- Adopted and approved this 9th day of October, 2001. By Print Name Title Mayor Attest: By Print Name Title City Clerk -9219 STATE OF MINNESOTA COUNTY OF HENNEPIN I, Bonnie Ritter hereby certify that I am the duly qualified and acting City Clerk of City of Mound (the "Lessee"). (Title) I further certify that the above and foregoing instrument constitutes a tree and correct copy of the minutes of a regular meeting of the governing body including a Resolution adopted at said meeting held on October 9, 2001, as said minutes and Resolution are officially of record in my possession, and that a copy of said Resolution was deposited in my office on October 9, 2001. In witness whereof, I have hereunto set my hand on behalf of the Lessee this 9th day of October, 2001. By Print Name Title City Clerk City of Mound Equipmen[ Legist -Oct 2001 .doc C-3 -9220- EXHIBIT D Opinion of Lessee's Counsel To: Zions First National Bank One South Main Street Salt Lake City, Utah 84111 Gentlemen: As counsel for City of Mound ("Lessee"), I have examined duly executed originals of the Lease/Purchase Agreement (the "Lease") dated this 9th day of October, 2001, between the Lessee and Zions First National Bank, Salt Lake City, Utah ("Bank"), and the proceedings taken by Lessee to authorize and execute the Lease (the "Proceedings"). Based upon such examination as I have deemed necessary or appropriate, I am of the opinion that: 1. Lessee is a body corporate and politic, legally existing under the laws of the State of Minnesota (the "State"). 2. The Lease and the Proceedings have been duly adopted, authorized, executed, and delivered by Lessee, and do not require the seal of Lessee to be effective, valid, legal, or binding. 3. The gove~'ning body of Lessee has complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which the Proceedings were adopted and the Lessee's execution of the Lease was authorized. 4. The Lease is a legal, valid, and binding obligation of Lessee, enforceable in accordance with its terms except as limited by the state and federal laws affecting remedies and by bankruptcy, reorganization, or other laws of general application affecting the enforcement of creditor's fights generally. 5. Either there are no usury laws of the State applicable to the Lease, or the Lease is in accordance with and does not violate all such usury laws as may be applicable. 6. Either there are no procurement or public bidding laws of the State applicable to the acquisition and leasing of the Leased Property (as defined in the Lease) from the Bank under the Lease, or the acquisition and leasing of the Leased Property from the Bank under the Lease comply with all such procurement and public bidding laws as may be apphcable. 7. There are no legal or governmental proceedings or litigation pending or, to the best of my knowledge, threatened or contemplated (or any basis therefor) wherein an unfavorable decision, ruling or finding might adversely affect the transactions contemplated in or the validity of the Lease. 8. The adoption, execution and/or delivery of the Lease and the Proceedings, and the compliance by the Lessee with their provisions, will not conflict with or constitute a breach of or default under any court decree or order or any agreement, indenture, lease or other instrument or any existing law or administrative regulation, decree or order to which the Lessee is subject or by which the Lessee is or may be bound. C~ of l~otmd F. qu]pmc~t D-I -9221 - Attorney for Lessee EXI-ImlT E SECURITY DOCUMENTS [Attach Security Documents here] City of Mound F. quipmeat E-1 -9222- MI3LtLT. MOUND ADVISORY PLANNING COMMISSION MONDAY SEPTEMBER 10, 2001 CASE #01-21 STREET VACATION Jonathan Paul - Kells Lane 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 Planning 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 the 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. 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 ifKells 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: Option 1 · 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. Option 2 · 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. -9223- Planning Commission Minutes September 10, 2001 · · City would need to sell all of lot 5 and 6. · Additional vacation proceedings are needed for that portion adjacent to JeffPaul'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. 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 JeffPaul 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. 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. 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 JeffPaul 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 Pau.1 property, Staff would recommend the vacation be denied. -9224- Planning Commission Minutes September 10, 2001 An altemative 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 heating process pursuant to state statutes an additional time. 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. Staff recommends the Planning Commission consider the options and make a recommendation to Council. Gordon indicated that the area of Kells Lane is 3,000 square feet; Lot 6 is 2,000 square feet or a little better. Jon Paul's square footage is somewhere around 6,000 square feet. Jon Paul will add between 2,500 and 3,000 square feet. Weiland felt it wouldn't set too well with many people in town. Smith clarified that Jeff Paul wanted a parking area for his vehicle. Hennepin County was asked about the appropriateness of a curb cut at the gravel drive area. They indicated that it meets sight distance standards and would be acceptable. Glister asked if the city was willing to sell any of this property. Gordon replied it was not known. Glister asked what is the advantage for the city. Gordon said that, any time platted right of way is used for things other than the intention, it is an advantage to vacate if the access issues are still addressed. Glister referred to the comments at the public hearing by residents that felt they were intruding to use Kells Lane as a lake access. She felt that if it were marked as an access people might feel more comfortable using it. Burma (referring to existing conditions map) asked if the gravel drive was a public parking area? Gordon said that it is on public land but was constructed by Jori Paul, not intended for public use. He also inquired about the improvements on Kells Lane, by Jon Paul. Gordon pointed out the sidewalk, driveway, mown grass area. Burma said there would be access through this area if so designated. He also asked, on Option 1, if any thought had been given to an exchange rather than sale of property (if Jon Paul were to get the vacated street, city could take the area on the north side below the OHW). Gordon wasn't sure what we would be gaining. We don't -9225- Planning Commission Minutes September 10, 2001 anticipate the lake level going below 929.4 so it really isn't usable. Burma asked about parking for JeffPaul. Could he park on his own property (the small triangle)? Gordon responded that it would be difficult considering the grade. Burma asked about the 2 properties to the west of Jon Paul's property. Does it require public hearings to vacate those slivers of Kells Lane? Gordon responded affirmatively. Hasse asked if we could vacate only 10 feet of Kells Lane. Burma: Of the 4 options which one do you prefer? Gordon: Option 1 is a good one. We give up the least amount of city land but still make it work for the applicants. Option 4 is also good. Option 3 doesn't resolve the access issues and present land use. Option 2 gives up a lot of city land. Smith: Notices were sent out to the residents within 350 feet for both tonight and tomorrow. (2) Planning is getting into complicated issues such as buying and selling property and vacating public right of way. This is generally Council level decisions. (3) Hennepin County has not received a formal request for a curb cut. They came out as a courtesy to the city. LMCD confirmed that Jeff Paul's property is a lot of record and is grandfathered in allowing them to place a single family dock and subject to reduced setbacks. Anderson asked about market value for Lot 6. Gordon said there is no value assigned by Hennepin County because it's city-owned. Jeff Paul's parcel is $100-200 because of lake shore frontage. Anderson asked about the possibility of vacating Kells Lane but retaining an access-easementon th~ south half of Kells Lane. That way the city still keeps Lot 6 and not granting any additional easements. Smith thought that may help people feel less intimidated about using the easement area. Burma asked about vacating the north half of Kells Lane, retaining south half of Kells Lane for access to Jeff Paul's property. Michael asked how close to conformance does that get us? Gordon said it doesn't get us there. MOTION by Burma, seconded by Anderson, to recommend vacation of the north half of Kells Lane south of Lot 24 and 25 and the south half be preserved for access to Lot 26. In favor: Burma, Anderson. Opposed: Hasse, Weiland, Michael, Glister. MOTION failed. MOTION by Glister, seconded by Weiland, to deny recommendation of the vacation of Kells Lane. In favor Hasse, Weiland, Michael, Glister. Opposed: Burma, Anderson. MOTION passed. -9226- 5:541 M~ywood R.oa,4 Mound, IVIN 55~64 (952) 472-3190 Memorandum To: Date: Re: Kells Lane Residents and Interested Parties Sarah Smith, Community Development Director 10/4/2001 Public Heating- Kells Ia_ne Street Vacation (Jonathan Paul) As a resident of the Kells Lane neighborhood, I wish to inform you that the City Council will continue the public heating regarding the request from Jonathan Paul to vacate a portion of Kells Lane at its meeting to be held on Tuesday, October 9, 2001 at 7:30 PM. In the event you have any comments or questions or regarding this matter, you are cordially invited to attend ~e p~bli~.hearing, _.~_t.__e33a_ 53tely, p!~._e fe_~! ~ :to__c_on._~act m~ at_yo_~ ~on~eni~c~ at (952) . 472-3190 and I will be happy to address any concerns you may have. Best regards. -9227- P.S. Paul & Co. Inc. Manufacturers Representatives September 12, 2001 Ms. Sara Smith City Of Mound 5341 Maywood Road Mound, MN 55364 Sara: Attached is a letter from our attorney summarizing our interest in the vacation of Kells Lane and the allocation of land adjacent to it. The original is yours and I've made copies for staff and council members. If you have further questions or ideas please call Pam or I. Thank you. Sincerely, Jeff and Pam Paul 4213 Merriam Road Minnetonka, MN 55305 (952) 933-6827 · 4213 Merriam Road Minnetonka, Minnesota 55305 · 952/931-0408 FAX 952-933-3257 · -9228- R~c~~ D. Bu~N Lxw SUITE 1670 INTERCItAi~OE TO3;VER 600 ~G~AY 169 S~. LO~S P~ ~SO~ 55426 (952) 544-2345 FAX (952) 593-2508 September 11, 2001 Mound City Council 5341 Maywood Road Mound, MN 55364 Re: Proposal To Vacate portion of Kells Lane Case No: 01-21 Please be advised that I am the attorney for Mr. and Mrs. Jeffery Paul, the owners of Lots 26, 27, and 28, Block 24, Seton. As you may know, my client's property is located adjacent to 4679 Wilshire Boulevard, the property owned by Jonathan Paul (no relation to my clients). Jonathan Paul has requested vacation of a portion of Kells Lane which directly abuts his property. At the present time, Kells Lane is the only access that my clients have to their properties, so this proposed vacation would eliminate my clients' access. The Planning Commission has made alternative proposals for this vacation. One of the latest reports from the Planning Commission incorrectly states that my clients are in agreement with what has been described as Option #1. My clients, are in fact, not in agreement with this proposal. This proposal would not effectively replace the road access that my clients presently have to their lots. It would provide a much more limited foot access to their property. My clients have proposed that all of Kells Lane be vacated. They would then be granted that portion of Kells Lane abutting their property. My clients would be willing to donate to the City the lakeshore portion of Kells Lane which is vacated in exchange for access to their property from Wilshire Boulevard requiring a curb cut. This option would provide both access and parking to my clients' lots. The proposals which have thus far been presented by the Planning Commission, we feel, constitute a "taking" of my client's property. If this were to occur, then my clients must be paid fair compensation for their loss. It is our sincere hope that the City Council will either deny the request for vacation of only a portion -9229- Mound City Council September 11, 2001 Page 2 of Kells Lane, or accept the proposal made by my clients which would allow the vacation requested by Jonathan Paul, provide additional lakeshore property for the city, and provide adequate parking and road access for my clients. Obviously, this proposal would avoid a "taking" of my clients' property by the city. Thank you for your consideration. Richard D. Bunin RDB/sls Eno. -9230- PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 6, 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 64 meeting until Staffhad time to further review of the case with affected parties and outside agencies. Subsequently, the City Council, anticipating a Planning Commission recommendation, opened the public hearing at the August 144 City Council meeting and continued the hearing to September 114. 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 aecommodate the request, access issues to the Jeff Paul parcel and address policy issues with adjacent City property. Additionally, Staff has visited the site with Heunepin County to review the potential for additional access points on this County Road. To briefly recap the request, the John Paul is requesting the following two items of the City: 1. Vacate that portion of Kells Lane located between Lots 24 and 25, SeWn, 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 altematives to work with the premise that Kells Lane should be vacated. They are as follows: 123 North Third S~reet, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax(612) 338-6838 -9231 - p. 2 ~01-21 Kells Lane Vacation Request August 5, 2001 Existing ownership and conditions: 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9232- p. $ #01-21 Kells Lane Vacation Requeat August 5, 2001 Option #1 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 fights. · 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 Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9233- p. 4 ifO1-21 Kells Lane Vacation Request August J, 2001 Option #2 · 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 fights 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 Jeff Paul. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9234- p. 5 #01-21 Kells Lane Vacation Request August 5, 200J 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 fi.om 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 -9235- p. 6 # 01-21 Kells 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 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 land or on City land. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9236- p. 7 #01-21 Kells Lane Vacation 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 leit 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 -9237- p. 8 #01-21 Kells Lane Vacation Request August 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 Planning Commission consider the options presented and make a recommendation to Council. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9238- 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 I-IKG FILE NUMBER: 01-05 LOCATION: 4679 Wilshire Blvd. ZONING: Residential District R-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 100, Minneapolis, Minnesota 55401 (612) 338-0800 .Fax (612) 338-6838 -9239- 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 fight-of-way would attach to the City's land. DISCUSSION: Although the vacation of Kells Lane would provide the applicant with 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. Staff would 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 taking 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 alleviate 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 S~xeet, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 .Fax (612) 338-6838 -9240- ' FRA Engineering · Planning o 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. o The City of Mound owns all of Lot 1 through 6, Block 1, Wychwood; however the County Road encroaches omo the southerly portion with no easement or agreement of record. See John Deans' letter of June 8, 2001. -9241 - 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mail: mfra@mfra.com Jon Sutherland, Planning and Zoning 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 guardrail appears to start about the center of Lot 5 and hms easterly. See Attachments. The City should review the intended use of the City owned property and right-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: Co 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:~nain:hMou 13327:\Correspondencsutherland6-12 -9242- x ~J W 0 .Z -9243- 99 ~Z*@ D~"I 470 Pillsbury Center 200 South Sixth Street Mir~ncapolb MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com June 8, 2001 To: From: Subject: John Cameron and Loren Gordon John Dean .Request to vacate Kell Road, and implications to city property. The:.cSty. has received a request to vacate'a portion of Kelts Road l~ying 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 realignments 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 of Lot 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 instmrnents of record are temporary and permanent easements running 'in favor of the city that were granted before the city came into rifle. I have also attached a copy of the easement document. An examination of the plat for Wychwood shows .that Block 1 forms the north boundary of the plat. Kells Road is dedicated in the Seton plat. Althou~h timber exam/nation of old records may indicate a different result, it is very likely that none of the land under Kells Road will attach to Block 1 (the city land) in the event of a vacation. Stated differently, all of the land in the vacated Kells Road will probably attach to the lots in Seton on the north side of the road. 3q3D-198697vl MU220-5 -9244- ';i : 9245- .,i Application for iTREET / EASEMENT VACATION City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 City Planner ~//'0/~ / Minnegasco City Engineer ...~¢' o~,~ / Police Dept. ' GTE Public Works ,~///'~_~ / ~t: OtMr ~ Please type or print the following information: Address qt°"/~ kJd~[~,~¢4_ ~'~l~llL ~{v~0ON~ i ~M..I~i ~¢~ Phone(H) ~ ~Z ~ (W) ~3 ~ %Z9~ (M) Adjacent Address S~ ~&~ kCf( ADJACENT PROPERTY Name of Business (APPLICANTS PROPERS) Lot Block Plat Subdivision PID¢ ZONING Circle: R-1 R-lA R-2 R-3 B-1 B-2 B-3 DISTRICT DESCRIPTION ~ ~~ '~ U OF STREET TO BE VACATED REASON ~ C~ ~¢ & FOR REQUEST IS THERE A ~, ~~ PUBLIC NEED FOR THIS ~ND? Print Applicant's Name pl~icant's Signature Date Applicant's Name Applicant's Signature -9246- Date PAID ~AAY ~ 0 Gl'PC OF MOUND May 1,2001 Re: Application for Street Vacation of Kells Lane in relation to Lots 24 & 25, Block 24, Seton addition, Property 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 .... ---- ...... t.l~-----t:ha~e=l~rel~a:red=the:~el~ewi~=iRfer~F~atieR--fe~he~. -ar~es~-ef:awaeatier~-Fefl~~~~ my property. Please find the following enclosures: 1) Ten (10) copies of a new survey of my property (dated 07/19/00 - Schoel & Madson Surveyors p~r 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 Wilshire Blvd ID 19-117-23 23 0066 Margaret Bargman 4691 Wilshire Blvd ID 19-117-23 23 0065 Michael Louden 4697 Wilshire Blvd ID 19-117-23 23 0064 Jeff Paul 4213 Merriam Road (Minnetonka) ID 19-117-23 23 0069 The survey also includes the location of existin,q structures and driveways on my property. In addition, .easements and under,qround 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 undeveloped 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, 1 am hopeful that the City of Mound will sell to me the irregular shaped piece of property directly south of KeNs 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 sale of this property would also complete my goal 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 additi~)nal property beyond the natural, wooded line of my maintained . yard 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. -9247- RECEIVED MAY 1'0 2001 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www, cityofmound.com TO: FROM: DATE: RE: Reliant Excel Energy Citizen's Department of Natural Resources Hennepin County DOT Jill Norlander, Secretary Mound Planning and Inspections May 7, 2001 Plan Review - Street Vacation - Kells Lane FIAY 1 8 2_00t 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 printed on recycled =aper -9248- -9249- RE§OLUTION NO. 00. RESOLUTION ADOPTING DELINQUENT WATER & SEWER ASSESSMENT ROLL IN THE AMOUNT OF $88,647.61TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY #15278 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvements, to-wit: DELINQUENT WATER AND SEWER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments as follows: PID # IMPROVEMENT INT. AMOUNT YEARS RATE LEVY # SEE LIST o DEL. SEWER & WATER $88,647.61 1 8% 15278 Payment in full with no interest charges may be made within thirty (30) days (November 16, 2001) from the date the City Council adopts the assessment roll. Payments should be made to the City Treasurer at the Mound City Hall. Partial prepayment of the assessment has been authorized by ordinance (Section 370). If. you wish to make a partial payment, the payment must be in $100.00 increments. If the total assessment is under $300.00, no partial payment will be accepted. If the assessment is not paid on or before November 16, 2001 the amount will be spread over the assessment period (1 year). That payment will include interest for fourteen (14) months (November through December of 2001, and all of 2002). Payments will become due with your real estate taxes. All payments thereafter shall be in accordance with the provisions of M.S. 429.061, Subd. 3. The rate of interest to be accrued if the assessment is not prepaid within'the required time period is eight percent (8%). -9250- The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. -9251 - UNPAID WATER AND SEWER BILLS: AMOUNT TO BE SPREAD OVER 1 YEAR PROPERTY IDENTIFICATION # AMOUNT 13-117-24 21 0025 13-117-24-21-0092 13-117-24-24-0014 12-117-24-43-0015 13-117-24-12-0123 13-117-24 13 0003 12-117-24 43 0004 13-117-24-13-0040 12-117-24-43-0001 13-117-24-12-0009 13-117-24 12-0014 13-117-24-12-0200 13-117-24-11-0061 13-117-24-12-0231 13-117-24-14-0030 13-117-24-12-0097 13-117-24-12-0096 18-117-23-23-0062 18-117-23 23 0004 13-117-24-11-0122 13-117-24 11 0145 13-117-24 11 0039 14-117-24-14-0032 14-117-24-13-0004 14-117-24 42 O110 14-117-24-14-0012 14-117-24-41-0038 14-117-24-42-0077 14-117-24-42-0019 14-I 17-24 42 0028 14-117-24 42 0042 14-117-24-43-0034 14-117-24-31-0020 14-117-24 32 0032 14-117-24-34-0015 13-117-24-34-0012 14-117-24 44 0032 272.97 242.15 479.36 144.87 411.29 156.15 390.16 741.58 552.46 411.08 298.08 162.81 712.12 392.68 295.31 284.71 214.56 210.90 435.08 548.71 147.86 448.21 287.83 343.95 634.71 147.12 388.98 471.71 264.83 667.08 435.09 181.62 1683.83 281.96 413.95 169.62 418.46 -9252- 14-117-24 42 0023 14-117-24-31-0046 13-117-24-32-0057 13-117-24-32-0066 13-117-24-31-0077 · 13-117-24-34-0004 13-117-24-32-0007 13-117-24 32 0106 13-117-24-32-0107 13-117-24-32-0115 13-117-24-32-0154 13-117-24-32-0155 13-117-24 31 0052 13-117-24-31-0068 13-117-24-43-0063 13-117-24-43-0081 13-117-24 43 0086 13-117-24-43-0089 24-117-24 12 0055 24-117-24 12 0056 13-117-24-43 0090 13-117-24-41-0048 13-117-24 41 0042 13-117-24-41-0055 13-117-24-41-0057 13-117-24-41 0012 13-117-24-43 0122 13-117-24-44-0095 13-117-24-44-0034 13-117-24-44-0007 13-117-24-44-0006 24-117-24 21 0010 23-117-24-14-0013 23-117-24-13-0012 23-117-24-42-0005 22-117-24-44-0030 23-117-24-41-0021 23-117-24-44-0007 23-117-24-44-0008 23-117-24-43-0033 23-117-24-42-0088 23-117-24 42 0083 23-117-24 42 0020 23-117-24-42-0045 23-117-24-31-0012 23-117-24 43 0008 502.21 347.93 338.58 161.82 459.84 605.09 157.68 333.50 338.71 378.36 262.46 310.86 318.46 412.86 126.00 206.28 917.21 540.22 382.72 294.13 330.69 501.97 410.81 296.68 177.47 1273.38 459.84 455.22 411.59 214.04 149.31 384.09 428.12 556.80 414.59 166.85 295.01 488.47 419.72 146.57 242.13 459.10 207.66 444.25 392.35 466.09 2 -9253- 23-117-24-34-0021 23-117-24 34 0090 23-117-24 31 0041 23-117-24-34-0102 23-117-24 24 0013 23-117-24 24 0008 23-117-24 31 0054 23-117-24 34 0065 22-117-24-44-0005 23-117-24 23 0095 23-117-24 32 0043 22-117-24-43-0007 22-117-24-44-0021 23-117-24 31 0066 23-117-24-32-0064 23-117-24-23-0104 23-117-24-24-0058 23-117-24 13 0046 14-117-24-14-0004 14-117-24-41-0001 13-117-24-32-0079 24-117-24-22-0001 24-117-24-21-0005 13-117-24-34-0098 13-117-24-43-0020 24-117-24-12-0068 24-117-24 13 0009 24-117-24 12 0020 13-117-24-43-0004 24-117-24-14-0073 19-117-23 23 0135 19-117-23 23 0082 19-117-23 23 0004 19-117-23-24-0033 19-117-23 31 0027 19-117-23-23-0064 19-117-23-23-0108 24-117-24-41-0197 19-117-23-24-0023 19-117-23 24 0024 19-117-23-31-0013 19-117-23-31-0023 19-117-23 32 0033 19-117-23-32-0186 24-117-24-41-0063 24-117-24 41 0042 253.68 355.15 228.60 518.84 138.38 331.23 552.87 773.34 790.74 1089.09 144.90 496.95 759.12 423.62 574.53 362.00 541.20 485.31 635.71 392.07 266.80 216.69 439.78 542.94 427.93 357.75 1547.47 483.84 290.63 329.41 483.99 537.63 587.13 466.01 420.24 1580.74 1573.98 184.62 256.99 625.99 208.74 392.31 469.23 125.60 198.20 129.72 3 -9254- 24-117-24 41 0143 19-117-23-32-0195 19-117-23-32-0204 19-117-23 32 0076 19-117-23 32 0086 19-117-23-32-0111 19-117-23-32-0110 24-117-24 41 0162 19-117-23 31 0128 19-117-23-31-0086 19-117-23-34-0024/0025 19-117-23-34-0100 19-117-23-34-0063 19-117-23-34-0064 19-117-23-33 0172 19-117-23-33-0051 24-117-24-43-0034 24-117-24-43-0047 19-117-23-32-0210 24-117-24-44-0022 24-117-24-44-0021 19-117-23 34 0044 19-117-23 33 0010 19-117-23 33 0235 19-117-23-33-0055 19-117-23 33 0129 19-117-23-33-0179 24-117-24-44-0078 24-117-24-44-0041 24-117-24 44 0183 24-117-24 44 0035 24-117-24-44-0177 24-117-24-44-0182 24-117-24 44 0188 24-117-24 44 0228 24-117-24-44-0028 24-117-24-44-0234 25-117-24 11 0025 24-117-24-41-0022 24-117-24-41-0017 24-117-24-41-01 O0 24-117-24-41-0168 24-117-24 41 0084 24-117-24-41-0102 24-117-24-42-0018 24-117-24 42 0007 400.68 322.79 1643.98 560.86 301.64 444.47 337.86 539.69 738.23 202.30 331.04 284.28 291.98 1934.86 267.73 142.10 551.03 349.49 537.61 435.07 359.67 598.36 388.73 235.48 544197 396.61 226.20 218.85 845.23 188.92 752.08 310.76 455.86 323.24 427.97 400.13 442.11 292.20 327.37 158.63 592.74 290.61 376.62 374.61 245.09 308.10 4 -9255- 24-117-24 44 0166 24-117-24 44 0171 24-117-24-43-0017 24-117-24 12-0105 25-117-24-12-0113 25-117-24-21-0036 30-117-23 22 0091 19-117-23-33~0033 30-117-23 22 0034 30-117-23-22-0036 30-117-23-22-0072 25-117-24-11-0070 30-117-23-21-0007 30-117-23-22-0049 25-117-24-11-0054 25-117-24-11-0115 25-117-24-21-0106 25-117-24-12-0134 25-117-24 21 0080 19-117-23-23-0142 13-117-24 33 0073 14-117-24-44-0038 1% 117-24-33-0047 13-117-24 33 0057 13-117-24 33 0005 13-117-24 33 0014 139.52 299.$6 333.60 249.91 337.36 172.48 380.75 478.51 316.86 283.85 295.29 396.11 539.00 679.26 557.95 362.91 519.75 444.11 1559.10 240.20 325.43 461.74 409.34 224.24 2008.28 260.12 -9256- CITY OF MOUND RESOLUTION NO. 01- RESOLUTION ADOPTING 2001 CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $3,707.27 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY #15279 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvements, to-wit: 2001 CBD PARKING MAINTENANCE FROM JULY 1, 2000 TO JUNE 30, 2001 IN THE AMOUNT OF $3,707.27. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of mound: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein inclUded is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in one annual installment as follows: LEVY # IMPROVEMENT INT. RATE YEARS 2001 CBD Parking Maintenance 8% 1 PID NUMBER 13-117-24-33-0083 14-117-24-44-O001 14-117-24-44-0004 AMOUNT $ 105.28 140.62 334.95 13-117-24-33-0004 13-117-24-33-0005 13-117-24-33-0076 13-117-24-33-0011 88.15 365.37 128.94 263.29 13-117-24-33-0014 69.55 13-117-2443-0016 13-117~4-33-0017 108.95 62.60 13-117-24-33-0077 521.35 13-117-24-33-0073 753.74 1 -9257- Resolution No. 14-117-24-44-0036 14-117-24-44-0037 14-117-24-44-0038 14-117-24-44-0039 13-117-24-33-0082 TOTAL: 275.03 118.21 54.29 209.07 107.88 $ 3,7O7.27 Payment in full with no interest charges may be made within thirty (30) days (November 10, 2001 ) from the date the City Council adopts the assessment roll. Payments should be made to the City Treasurer at the Mound City Hall. Partial prepayment of the assessment has been authorized by ordinance (Section 370). If you wish to make a partial payment, the payment must be in $100.00 increments. If the total assessment is under $300.00, no partial payment will be accepted. o If the assessment is not paid on or before November 10, 2001, the amount will be spread over the assessment period (1 year). That payment will include interest for fourteen (14) months (November through December of 2001, and all of 2002). Payments will become due with your real estate taxes. All payments thereafter shall be in accordance with the provisions of M.S. 429.061, Subd. 3. 6. The rate of interest to be accrued if the assessment is not prepaid within the required time period is eight percent (8%). The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: The following voted in the negative: Attest: Acting City Clerk Mayor Pat Meisel 2 -9258- RESOLUTION #01- RESOLUTION OF THE CITY COUNCIL OF TItE CITY OF MOUND DETERMINING THAT, BASED ON THE ENVIRONMENTAL ASSESSMENT WORKSItEET (EAW) AND PUBLIC COMMENT TO THE EAW, AN ENVIRONMENTAL IMPACT STATEMENT 0gIS) IS NOT WARRANTED FOR TItE VILLAGE BY COOKS BAY/MOUND MARKET PLACE PROJECT WltEREAS, acting as the Responsible Governmental Unit in accordance with the Minnesota Environmental Quality Board's Guide to Minnesota Environmental Review Rules, Minn. Rules, parts 4410.0200 to 4410.7800, an Environmental Assessment Worksheet (EAW) has been prepared and approved by the City of Mound for the above project; and WHEREAS, through published notice, the City of Mound has solicited public comment on the content and completeness of the EAW report; and WltEREAS, written public comment has been received from several parties and the Mound City Council has reviewed and considered these comments; and WHEREAS, no significant environmental concerns are raised by the commenting parties. NOW TltEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota makes a finding that: 1. Based on public comments to the EAW, the City Council has determined that an Environmental Impact Statement is not warranted for the project. 2. Based on the comments, no further study is required to make a determination on the EAW. 3. The City Council directs staff'to follow-up on public comments regarding permit requirements for the project. -9259- The foregoing resolution was moved by Councilmember seconded by Couneilmember The following Councflmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted October 9, 2001 and Pat Meisel, Mayor Attest: City Clerk M: IMO UND iO I-O I [eaw resolutt'on, doc -9260- Memomndum TO: FROM: DATE: SUBJECT: Mound City Council Bruce Chamberlain, RLA Planning Consultant LOCATION: Hoisington Koegler Group Inc. i ln October 5, 2001 Review of public comments regarding the Environmental Assessment Worksheet for the Village by Cooks Bay/Mound Marketplace development project. NW comer ofLynwood Blvd and Commerce Blvd. BACKGROUND MetroPlains Development Company proposes a residential/commercial development project on the former Westonka High School property. A discretionary Environmental Assessment Worksheet (EAW) was prepared for the project by the City of Mound acting as the designated Responsible Governmental Unit (RGU) and approved for distribution on August 28, 2001. A public comment period as required by MN Statute was held for the EAW from September 3, 2001 to October 3, 2001. The comment period allows sufficient time for the public to review and comment on the accuracy and completeness of the EAW. Four written comments were received and are included as attachments to this report. The comment responses provided in this report represent the professional judgement of myself and other professional agents and staff acting on behalf of the City of Mound. ACTION REQUIRED It is the RGU's responsibility to review the EAW comments received and take one of the following actions: Require the completion of an Environmental Impact Statement (EIS). An EIS is an extensive and detailed written report addressing the environmental impacts of an action. An EIS should be prepared for a project if it has the potential for significant environment effects. Declare that an EIS is not warranted but indicate modifications to the project that lessen its environmental impact. These modifications can be imposed as permit conditions or other means. C. Declare that an EIS is not warranted and proceed with the project as proposed. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9261 - ~.W ¢omm~li R¢~pon~¢ - ¥illag¢ by ¢oo1~ Ba¥~ound Markaplac~ Page 2 October $, 2001 COMMENT REVIEW Minnesota Department of Transportation: No comments were made. Metropolitan Council: Comment #1 - The construction of trails within the project is encouraged. Response: The project contains a network of interconnected trails. Comment #2 - Sewer connection permit is required of the project. Response: Necessary permits have been or must be retained by the project proposer prior to commencement of that aspect of work. Comment #3 - Bioretention cells for stormwater treatment are encouraged within the commercial parking area. Response: This is a relatively new stormwater treatment technique that the City of Mound is encouraging in future redevelopment projects in order to minimize the need for stormwater ponding area. Since the MetroPlains project is already designed with a pond to treat site stormwater to NURP and MCWD standards, bioretention cells would be an alternative to the pond approach that the Developer may wish to consider. However, to install both the NURP pond and bioretention cells would have no impact on the quantity or quality of runoff leaving the site. MN Department of Natural Resources: Comment #1 - The site appears to be low, which may result in the need for a DNR dewatering permit for excavation. Response: Necessary permits have been or must be retained by the project proposer prior to commencement of that aspect of work. Comment #2 - The DNR has a general concern about the loss of public open space for private development. Response: The proposed project results fi.om a land transaction between a school district and a private development company. A public referendum was held to determine the public's willingness to acquire the full site for permanent open space - the referendum failed. The site is now owned by a private interest that has development rights to the property. By clustering housing on the site, the proposed project is designed in a way to preserve a high degree of open space in the form of public parkland and ponding area. -9262- EAW Comment Response - Village by Cooks Bay/Mound Marketplace Page 3 OCtober 5, 2001 Minnehaha Creek Watershed District: Comment # 1 - Temporary and permanent BMPs should be incorporated into the project. Response: Permits required of the project by the MCWD and City of Mound outline the required BMPs that the project must follow. Comment #2 -MCWD rules for runoff quctntity and quality must be followed Response: Necessary permits have been or must be retained by the project proposer prior to commencement of that aspect of work. RECOMMENDATION Based on the EAW and professional review of the comments received, it is recommended that the City Council make a negative declaration regarding the need for an Environmental Impact Statement. It is further recommended that the project proceed as proposed and that Staff'be directed to conduct a comprehensive review of permit requirements with the project proposer to ensure all necessary permits are in place prior to commencement of work. Members of the City Council are advised that a draft resolution to this effect is enclosed. Notice of the RGU's decision is to be published and distributed according to Environmental Quality Board requirements. ATTACHMENTS · Letter dated September 11, 2001 from the Minnesota Department of Transportation · Letter dated October 1, 2001 from the Metropolitan Council · Letter dated October 1, 2001 from the Minnesota Department of Natural Resources · Letter dated October 2, 2001 from Wenck Associates on behalf of the Minnehaha Creek Watershed District M:~vlOUNDlOl-OIIEAWreport. doc -9263- Minnesota Department of Transportation Metropolitan Division Waters Edge 15OO West County Road B2 Roseville, MN 55113 September i i, 2001 Sarah Smith Community Development Director City of Mound 5341 Maywood Road Mound, MN 55364 Subject: The Village By Cook's Bay & Mound Market Place Mn/DOT Review EAW01 ~XXX Mound, Hennepin County Dear Ms. Smith: The Minnesota Department of Transportation (Mn/DOT) has reviewed the above-referenced EAW and has no comments, as this development should not directly impact state highway right of'way. Please address all future correspondence for development activity such as plats, site plans, environmental reviews, and comprehensive plan amendments to: Paul Czech Mn/DOT - Metro Division Waters Edge 1500 west County Road B-2 Roseville, Minnesota 55113 Please note that Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. This letter represents only the transportation concerns of Mn/DOT Metro Division. Other environmental issues raised by a wider Mn/DOT review may be forwarded to you in a separate letter. Feel free to contact me at (651) 582-1378 if you should have any questions. Copy: Mn/DOT Division File - C.S. N/A Mn/DOT LGL - Mound Larry Olson, MetroPlains Development An equal opportunity employer -9264- Metropolitan Council Improve regional competitiveness in a global economy October 1,2001 Sarah Smith Community Development Director City of Mound 5341 Maywood Road Mound, MN 55364 The CiTM of Mound Environmental Assessment Worksheet Review- The Village by Cook's Bay and Mound Market Place 'Metropolifan Council Dis,,..t¢i~9~ 1 ' Metropolitan Council Referral File No. 18617-1 Dear Ms. Smith: The Metropolitan. Council has conducted a review of the Environmental Assessment Worksheet (EAW). The EAW review requires the Council to detenrfine its adequacy and accuracy in addressing regional concerns. The Village by Cook's Bay and Mound Market Place project is generally located in the northwest quadrant of the intersection formed by CSAH 15 and CSAH 110 in the city of Mound. The project will develop 19-acres of land in downtown Mound that includes 99 townhome and condominium residential units and, 67,000 square feet of retail space. The Council'.s review has concluded that .the EAW is complete: The following advisory and technical comments,are,provided below: .......... Recreational Open Space (Michael McDonough 651-602-1:054) ..... , , : ' The proposed SW Hennepin (Luce Line-Lake Minnetonka) Regional Trail is a regional park system facility that could be affected by this proposal. Pedestrian and bicycle friendly access within the development is suggested. Environmental Services (Jim Larsen 651-602-1159) Item 8 - Permits and Approvals. Required Sanitary sewer connection plans for the proposed project will need to be submitted to the Metropolitan Council Environmental Services, Municipal Services staff for review, comment, and issuance of a construction permit before connection can be made to either the municipal or metropolitan wastewater disposal system. Item 17- Water Quality- Surface Water Runoff Council,staff engourages the incorporation of bioretention cells and/°r infiltration swales into the large parking area proposed on the site. Vegetated depressions can typically be incorporated into parking areas with no loss of parking spaces, ,~.Tnese vegetated depres,sions effectively reduce the total post- development runoff .,volume by. captur/ng and infiltrating a portion ,of runoff events prior., to, its. en~,efi'ng.t.h, e on-site pond facility. ' , ' t.}!!' .,.': '".' www.metrocounetl.org Metro Info Line 602-1888 230 East Fifth Street · St. Paul, Minnesota 55101-1626 * (651) 602-1000 · Fax 602-1550 · TrY 291-0904 Oct. 1, 2001 Page 2 This concludes the Council's review of the EAW. The Council will take no formal action on t~he F. AW. If you have any questions or need further information, please contact Christy Stark, Principal Reviewer at 651-602-1750. Sincerely, Helen A. Boyer Director, Environmental Services cc: SaUndra Spigu, er, Metmpo!itan Council District 1 Keith Buttleman, Director, MCES Environmental Planning and Evaluation Department Eli Cooper, MCCD Director, Planning and Growth Management Christy Stark, Planner, Planning/Technical Ass/stance -9266- MinneSota Department of Natural Resources 500 Lafayette Road St. Paul, Minnesota 55155-40 [_J.0 October 1, 2001 Ms. Sarah Smith Community Development Director City of Mound 5341 Maywood Koad Mound, MN 55364 The Village By Cook's Bay/Mound Market Place Development Enviromrtental Assessment Worksheet (EAW) Dear Ms. Smith: The Department of Natural Resources (DNR) has reviewed the EAW for the proposed' The Village By Cook's Bay/Mound Market Place DeveloPment in the City of Mound in Hennepin Conn,., This project proposes the development of a 19,acre former school site for 99 townhome .and condominium.~residenfial ..units. and for 67,000 square.feet of retait~commereial space. We offer the. following comments ~ for your. consideration There are not significant concerns for natural resource issues or impacts associated with this proposal. A 19-acre abandoned high school ground is being developed into a multipl~ use site for residential and commercial uses. There are no DNR protected waters or wetlands on the site. The DNR notes that while drainage is ultimately to Lake Miunetonka, stormwater will be routed through newly constructed ponds which did not previously exist. We are aware that the Mirmehaha Creek Watershed District will oversee the permit for this constmction. The Site appears to be a low area, and a DNR General Construction Dewatering Permit will likely be needed. This permit requii:ement should have been identified in Item 8 of the EAW, the list of required Permits and approvals. Item 14 of the EAW, discusses water-related land'use management diStricts. A portion of the area is in the City of Mound's Shoreland overlay zone, and the EAW states it meets those local shoreland.overlay, zone.codes, or at least as much as the remainder of the downtown area ¢..oes.,..The DNR has.:SOm.e.general, concerns about the. re~.ul.fing loss-of public, pro_ge, ny o~ .pub~.ic openspace for private, deVelopment . .. . ~,:- ......~ ~ .~.~..-. ,,,..: DNR Information: 651-296-6157 An Equal Opportunity EmploYer Who Value~ Diveraity * 1-888-646-6367 ° TTY: 651-296-5484 ° 1-800-657-3929 Printed on Recyoled P~per Containing a Minimum of 10% Post. Consumer Waste -9267- Ms. S. Smith October 1, 2001 Page 2 Thank you for the opportunity to review this project and the EAW. The project does not require preparation of an Environmental Impact Statement (EIS) based on natural resource impacts or considerations. We look forward to receiving your record of decision and responses to comments at the conclusion of environmental review. Minnesota Rules part ¢410.1700, subparts 4 and 5, require you to send us your Record of Decision within five days of deciding on this action. If you have questions about this letter, please'contact Charlotte Cohn of my staff at reached at (651) 296-4790. Sincerely, Thomas W. Balcom, 'Supervisor Environmental Policy and Review Section Office of Management and Budget Services C: Kathleen Wallace Steve Colvin Wayne Barstad Joe Oschwald Peter Leete Jori Larsen, EQB Larry Olson, MetroPlains Development LLC #20020098-0002 THE VILLAGE BY COOK'S BAY-MOUND MARKET pLACE EAW,DOC -9268- Sent by: WENCK ASSOC. 763 479 4242; 10/03/01 10:53AM;#952; Page 1/1 Wenck October 3, 2001 I P, O0 Piol~eer Creek Cir. P.O, Box 249 Mel>le Plain. MN 55~59-0249 (763) 470-42:)0 Fax {76~i) 479-.~2,12 I'-¢l~-qJ: we n c k/-rll:::~_N~ ellc k.con i Sarah Smith Community Development Director City of Mound 5341 Maywood Road Mound, MN 55364 Dear Ms. Smith: On behalf of the Minnehaha Creek Watershed District (MCWD), we have reviewed the EAW for The Village by Cook's Bay and Mound Marl<et Place. MCWD has approved permits for some related development projects. Any aspects of the project or related projects that have not received MCWD permit approval are required to secure a permit before commencing with construction. Major concerns of the District relate to erosion control, rtmoffrates from the site, phosphorus loading from the site, and avoidance of impacts to wetlands. Temporary and permanent Best Management Practices (BMPs) should be incorporated into the plan. Permanent BMPs such as depressed parking lot islands, sand filtration systems, and on- tot infiltration are examples of methods suitable to sites of this nature. It is stated that a wet detention pond will be constructed to treat the runoff from this site and adjacent sites. MCWD Rules require that the pond be sized to limit runoff'rates to less than or equal to existing rates and to decrease phosphorus loading from the site by 50 percent. The pond should be sized to accommodate any offsite nmoffthat is proposed to enter the pond. It appears that no wetlands will be impacted by this project. Sincerely, WENCK ASSOCIATES, INC. Lisa A. Tilman, E.I.T. Project Engineer cc: Mike Panzer,-Wenck Associates -9269- Environmental Assessment Worksheet (EAW) for The Village by Cook's Bay and Mound Market Place Mound, Minnesota Public Comment Period: September 3, 2001 though October 3, 2001 Responsible Governmental Unit (RGU): City of Mound Advertised in the Laker Newspaper September 8, 2001 and the EQB Monitor September 3, 2001. -9270- Table of Contents Environmental Assessment Worksheet 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Project title .......................................................................................... page 1 Proposer ............................................................................................................. 1 RGU .................................................................................................................. I Reason for EAW preparation .............................................................................. 1 Project location .................................................................................................. 1 Description ......................................................................................................... 2 Project magnitude data ....................................................................................... 3 Permits and approvals required ........................................................................... 3 Land use ............................................................................................................. 4 Cover types ........................................................................................................ 5 Fish, wildlife and ecologically sensitive resources .............................................. 5 Physical impacts on water resources ................................................................... 5 Water use ........................................................................................................... 5 Water-related land use management district ........................................................ 6 Water surface use ............................................................................................ ,.6 Erosion and sedimentation .................................................................................. 6 Water q, ality: surface water runoff ..................................................................... 6 Water quality: wastewaters ................................................................................. 7 Geologic baT~rds and ~oil conditions .................................................................. 7 Solid wastes, hazardous wastes, storage tanks ..................................................... 7 Traffic ................................................................................................................ 8 Vehicle-related air emissions .............................................................................. 8 Stationary source air emis' sions ........................................................................... 8 Odors, noise and dust ......................................................................................... 9 Nearby resources ................................................................................................ 9 Visa,al impacts .................................................................................................... 9 Compatibility with plans and land use regulations ............................................... 9 Impact on infrastructure and public services ....................................................... 9 Cumulative impaots ...................................... , ................................................... I0 Other potential environmental impacts .............................................................. 12 summary of issues ........................................................................................... 13 RGU Cerffication ......................................................................................................... 13 Supporting Documentation Exhibit 1 2 3 4 5 6 7 8 9 10 11 County Map ..................................................................................................... 14 United States Geologic Survey Map of Project Site ........................................... 15 Site Ptan ........................................................................................................... 16 Resolution approving a Minor Comprehensive Plan Amendment ...................... 17 Resolution approving a Rezoning Amendment ................................................. 19 Resolution approving the Preliminary Plat ........................................................ 21 Resolution approving a Conditional Use Permit and Variances ......................... 24 Resolution approving vacation of an alloy ......................................................... 31 Minnehaha Creek WaterShed District approval letter ........................................ 33 W~land Delineation Report ............................................................................. 36 Wetland Conservation Act (WCA) DetermLnation by RGU ............................... 49 Village by Cook's Bay/Mound Marketplace EAW, Mound, MN page i -9271 - 12 14 15 16 Biological Survey ............................................................................................. 5.0 Phase I Environmental Report .......................................................................... 64 Environmental Hazards .................................................................................. 115 Mound Downtown Tra/fi¢ Study .................................................................... 125 Mound Visions Plan ....................................................................................... 153 Village by Cook's Bay/Mound Marketplace EAW, Mound, MN page ii -9272- ENVIRONMENTAL ASSESSMENT WORKSHEET The Environmental Assessment Worksheet (EAW) is intended as a "brief document" designed to provide the basic facts about a project that may indicate the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit, in this case the City of Mound. The project proposer has supplied data for m but has not completed m the final worksheet. The RGU has solicited its agents including professional engineers, licensed landscape architects and certified land use planners to prepare this document. The RGU has reviewed professional studies related to the project in preparing this document. Responses given in this EAW represent an expression of the facts of the project, not the will of the RGU or its agents. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation. If an EAW indicates significant environmental effects, it may warrant the preparation of the more extensive Environmental Impact Statement (EIS). 1. Project title: The Village by Cook's Bay/Mound Market Place 2. Proposer 3. Contact person: Larry Olson Title: VP, MetroPlalns Development LLC Address: City, state, ZIP: Phone: Fax: E-mail: 1600 University Ave, #212 St Paul, MN 55104 651.523.1246 651.646.8947 lolson~metroplains, com RGU Contact person: Sarah Smith Title: Community Development Din, City of Mound Address: 5341 Maywood Road City, state, ZIP: Mound, MN 55364 Phone: 952.472.3190 Fax: 952.472.0620 E-mail: sarahjsmith~worldnet.att, net Reason for EAW preparation (check one) ElS scoping Mandatory EAW Proposer volunteered Citizen petition ff RGU discretion IfEAW or ElS is mandatory give EQB rule category subpart number (N/A) and subpart name (N/A) This EAW is prepared as part of a lawsuit settlement agreement. Since settlement of the lawsuit establishes, as fact, that the project site underwent comprehensive plan and zoning amendments in a legal manner; and that preliminary approvals for the project were appropriately granted under approved comprehensive plan and zoning regulations, the project does not meet any mandatory EAW thresholds as identified in Minnesota Statute. Project location County: Hennepin City/Township: Mound Section: SE¼ Township: 14 Range: 24W The following items are enclosed as exhibits: · General project location map - Exhibit 1 · U.S. Geological Survey indicating project boundaries - Exhibit 2 · Project site plan- Exhibit 3 Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9273- page 1 6~ Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The project involves the development of a vacant, 19-acre former school site in downtown Mound, Minnesota. The proposed development includes 99 townhome and condominium residential units and 67,000 square feet of retail-commercial space. The project also proposes a public park and trails. b. Give a complete description of the proposed project and related new conslmction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the timing and duration of construction activities. The V'dlage by Cook's Bay The development proposes a total of 99 residential units that are arranged in attached townhomes and condominium fiats. A total of 59 townhomes in $ - 7 unit buildings are intended to appeal to empty nester and young families. 40 Condominiums with underground parking are designed to appeal to seniors. All streets within the residential area of the development will be private with a 24-foot width and parking bays scattered throughout the site. Mound Marketplace The developer proposes 67,000 sq. ft. of retail commercial space arranged in three buildings. A central parking area with 337 common off-street spaces is programmed. Landscaping and streetscape enhancements are proposed along the edges of the site and within the parking area. Amenities An on-site stormwater pond is proposed to treat all site runoff and runoff entering the site from adjacent lands. A public park and trail system are also proposed on the site. Access Improvements Certain access improvements from CSAH 15 and 110 are needed to support the project. Two existing curb cuts on CSAH 110 and one on CSAH 15 will be shifted. A west-bound turning lane adjacent to the project on CSAH 15 is also proposed in order to accommodate the project. Schedule Site and Utility work: Construction of 4-unit townhome model: Construction of commercial project: Construction of residential project: fall/winter 2001 fall/winter 2001 spring- fall 2002 winter 2002 - spring 2003 c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The project is a private, for-profit development venture. It caters to the residential and commercial market demands in the Mound area. The Developer and City are involved in discussions about a "turn-key" City acquisition of a 6,000 SF retail space in the project for use as a municipal liquor store. The store would allow for an expanded and upgraded retail store that is currently housed elsewhere in the city. Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9274- page 2 d. Are future stages of this development including development on any outlots planned or likely to happen? ._.Yes ~' No ffyes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. (N/A) e. Is this project a subsequent stage of an earlier project? __Yes ¢ No If yes, briefly describe the past development, timeline and any past environmental review. (N/A) Project magnitude data Total project acreage: 19 Number of residential units: unattached - 0 attached - 99 maximum traits per building - 20 Commercial, industrial or institutional building area (gross floor space): total square feet - 67,000 Indicate areas of specific uses (in square fee0: Office 0 Retail 67,000 Warehouse 0 Light industrial 0 Other commercial (specify) 0 Building height: Commercial - 28-36 feet (one story) Manufacturing Other industrial Institutional Residential - approx. 35 fl (three stories) If over 2 stories, compare to heights of nearby buildings. The project is adjacent to single and multi-family residential uses ranging in height from 1 to 3 stories (16-28 feeO and commercial uses ranging in height from 1 to 2 stories (12-35 feet) It is worth noting that the proposed residential portion of the project is roughly 8 to 16 feet lower in elevation than the immediately adjacent residential homes (the abrupt change in grade occurs roughly at the property line of the project). Building heights of buildings with pitched roofs (residential buildings) are determined by measuring the distance from the average ground elevation to the mean elevation of the roof. o Permits and approvals required. List all known local, state and federal permits, approvals and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. Unit of government City of Mound Metropolitan Council City of Mound City of Mound City of Mound City of Mound City of Mound City of Mound City of Mound Hennepin County Minnehaha Creek Watershed District Tvoe of aoplication Comprehensive Plan Amendment Comprehensive Plan Amendment Rezoning Preliminary Plat Variance Preliminary Development Plan Alley Vacation Final Plan TIF Business Subsidy Agreement Roadway access permit Stormwater and Grading Status Approved Approved Approved Approved Approved Approved Approved Not Submitted Approved Pending Approved (See Exhibits 4-9) Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9275- page 3 Land use. Describe current and recent l~aSt land use and development on the site and on adjacent lands. Discuss prOject compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. Thc site is currently vacant with exception to remnants of abandoned athletic fields (cinder track, ballfieid infields). For most of the developed history of Mound, the site housed a high school and associated athletic fields including baseball, football, track and hockey. The school closed in the 1980's and the building was converted to school district offices and community functions. The athletic fields remained active until 2000. In 2000, the school building was demolished and athletic facilities abandoned. The site is within the traditional downtown area of Mound. Approximately 1/3 of the site is surrounded by fully-developed, commercial uses. The balance of the site is surrounded fully-developed, single and multi-family residential usea The project proposes commercial uses adjacent to existing commercial uses and residential uses adjacent to existing residential uses. The residential density of the proposed project is higher than the immediately adjacent single-family neighborhood, less than some residential pockets in the community (including one adjacent to the project) and generally similar to the community as a whole. Foreseen conflicts between new and existing development include potential light and noise pollution typical of an average-sized, retail mall Traffic conflicts are anticipated to be minimal due to project design and planned improvements to adjacent Hennepin County Roads 15 and 110. Retail vehicular entries and building orientations are directed toward the county roads and existing commercial areas. One commercial entry is directed at a home across the street - the project has received homeowner approval to conduct screening to minimize the impact of headlights. One residential entry is made directly from an adjacent county road. The second residential entry is one block from a county road. Adjacent to the project is an ice arena. Parking for peak arena use has been an issue in the past. Since the project will displace some parking capacity for the arena, the developer is equally expanding arena parking elsewhere. A nearby church with parking needs can also use expanded arena parking. A Phase I environmental assessment conducted for the site in 2000 (Exhibit 13) showed evidence of recognized environmental conditions as follows: · A former fuel oil underground storage tank removed in 1989 leaked petroleum. Investigation and cleanup of the leak was performed to MPCA standards and the MPCA closed the UST leak site in 1989. · A second underground fuel oil tank was installed in the same location as above in the early 1990s. The tank was recently removed (as indicated in Exhibit 14) with no sign of contamination. As a precautionary measure, the developer intends to excavate soils around the former tank during construction using MPCA guidelines. · A leaking transformer was also detected on the former building. The leak was cleaned up according to MPCA guidelines at the time of building demolition in 2000. Based on a utilities review, information in the Phase I environmental assessment and subsequent clean-up activities, there arc no known environmental hazards existing on the site today. Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9276- page 4 I0. Cover types. Estimate the acreage of the site with each of the following cover types before and after development: Before After Before After 0 0 Lawn/landscaping 18.5 7.6 Types 1-8 wetlands Wooded/forest 0 0 Impervious surfaces 0.5 10.6 Brush/Grassland 0 0 Other: stormwater pond 0 0.8 Cropland 0 0 TOTAL 19 19 If Before and After totals are not equal, explain why: 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. A reputable ecology professional performed a biological survey of the site (Exhibit 12). The site currently consists of lawn and a handful of trees with lawn under-story. Wildlife resources and habitat on the site are negligible. No fish habitat exists. There are wildlife habitats of varying quality near the site but not adjacent. The proposed project is expected to have negligible positive and negative impacts on surrounding habitats. In the negative, the project will add some level of wildlife annoyances caused by typical urban development. In the positive, the project will provide stormwater treatment where no treatment exists today. The proposed stormwater pond will provide some wildlife and fish habitat where none exists today. Added landscaping will somewhat enhance the habitat value over what exists today. b. Are any state-listed (endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? __.Yes vr No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number: ERDB 20020098. Describe measures to minimize or avoid adverse impacts. N/A 12. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration -- dredging, filling, stream diversion, ouffall structure, diking, and impoundment -- of any surface waters such as a lake, pond, wetland, stream or drainage ditch? .__Yes ~r No If yes, identify water resource affected and give the DNR Protected Waters Inventory number(s) if the water resources affected are on the PWI:. Describe alternatives considered and proposed mitigation measures to minimize impacts. N/A 13. Water use. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? ~r Yes _No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit numbers, ffknown. Idemify Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9277- page 5 any existing and new wells on the site map. If there are no wells known on site, explain methodology used to determine. A phase I, environmental assessment (Exhibit 13) identified that there are no known wells on the site. The project will be connected to the public water supply. Anticipated water usage, roughly 50,000 GPD, will not tax the public water supply. 14. Water-related land use management district. Does any part of the project involve a shoreland zoning district, a delineated 100-year flood plain, or a state or federally designated wild or scenic river land use district? ~' Yes No If yes, identify the district and discuss project compatibility with district land use restrictions. Somewhat less than half of the site area is within a Shoreland Management Overlay zone. Approximately 25% of the residential portion of the project is within the shoreland zone and is largely proposed as open space. Approximately 30% of the commercial portion of the project is within the shoreland zone and is proposed for urban development. This scenario is typical to the rest of downtown and the community as a whole where 90 percent of the land area is within the Shoreland Management Overlay zone. The closest the project gets to a shoreline is about 1/3~ of a mile. As a result of being in the shoreland zone, special restrictions on density, hardcover, and building heights apply to the project and are reflected in the proposal. 15. Water surface use. Will the project change the number or type of watercraft on any water body? Yes ~ No If yes, indicate the current and projected watercrat~ usage and discuss any potential overcrowding or conflicts with other uses. N/A 16. Erosion and sedimentation. Give the acreage to be graded or excavated and the cubic yards of soil to be moved: 19 acres; 55,000 cubic yards. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any erosion and sedimentation control measures to be used during and after project construction. Soils found on the site are not highly erodible. There is a steep slope on the western edge of the property. The slope drains into the site. Temporary erosion control measures as required by the Minnehaha Creek Watershed District will be implemented to minimize slope erosion. The project proposes to vegetate the hillside with trees and permanent ground cover to eliminate long-term erosion potential. 17. Water quality: surface water runoff a. Compare the quantity and quality of site runoffbefore and after the project. Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. Runoff from the site currently flows to the public storm sewer system and flows, untreated, to adjacent natural water~ Runoff from an adjacent neighborhood currently enters the site causing temporary ponding on the site in some areas. Runoff quantities of the project will be limited by Watershed District permit to pre-development rates. A stormwater pond, constructed to NURP standards, will be constructed as part of the project to treat all stormwater generated on and entering the site prior to release into the stormwater system. b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9278- page 6 waters. Most or all of the runoff generated by the site is directed to Lake Langdon, which is hydrologically connected to Lake Minnetonk~ The site is generally lower in elevation than adjacent residential areas and is a travel route for runoff from those areas. As a result of proposed NURP ponding, the project will significantly enhance the quality of area-wide runoff as well as have a positive impact on the water quality of receiving waters. 18. Water quality: wastewaters a. Describe sources, composition and quantifies of all sanitary, municipal and industrial wastewater produced or treated at the site. The proposed project is anticipated to produce 37,000 GPD of typical residential and retail/commercial sanitary wastewater. No wastewater treatment will occur on-site. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment_ Identify receiving waters, including major downstremn water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on-site sewage systems, discuss the suitability of site conditions for such systems. N/A c. If wastes will be discharged into a publicly owned treatment facility, identify thc facility, describe any prctreatment provisions and discuss thc facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. Wastewater will be treated by the Blue Lake metropolitan wastewater treatment facility. The existing treatment facility and municipal stormwater conveyance systems are sized to accommodate the proposed project. d. If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. N/A 19. Geologic hazards and soil conditions a. Approximate depth (in feet) to ground water: 12 minimum; 23 average to bedrock: 300 - minimum; 350 - average. Describe any of the following geologic site ba?ards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. No geologic hazards are known to exist. b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. The soil type across the site is Cu (cut and fiil land). The soil has generally low permeability and iow potential for groundwater contamination. 20. Solid wastes, hazardous wastes, storage tanks a. Describe types, amounts and compositions of solid or ba?ardous wastes, including solid animal manure, sludge and ash, produced during construction and operation. Identify method and location of Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9279- page 7 disposal. For projects generating municipal solid waste, indicate if there is a source separation plan; describe how the project will be modified for recycling. If hazardous waste is generated, indicate if there is a hn?~rdous waste minimization plan and routine b~?~rdous waste reduction assessments. N/A b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. None c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. N/A 21. Traffic. Parking spaces added - 355. Existing spaces (if project involves expansion) - 0 Estimated maximum peak hour traffic generated: 651 and lime of occurrence: weekday P.M. Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. Area roadways including CSAIt 15 and CSAIt 110 are being improved to accommodate general development occurring in Mound and surrounding communities. The focus of a significant roadway improvement project is CSAlt 15 realignment in downtown Mound. A traffic study (Exhibit 15) has been conducted for the downtown area of Mound to determine roadway and intersection design of anticipated CSAIt 15 reconstruction. The proposed development project was one of the subjects of that study. Although adjacent roadway improvements (with exception to direct turn lanes and curb-cuts) are not being conducted as a result of the proposed project or vice-versa, the project is factored into the roadway and intersection design conducted by Hennepin County. As mentioned, turning lane and curb-cut improvements on CSAIt 15 and 110 are proposed directly adjacent to the site to accommodate the project. The proposed project will add to traffic congestion in the downtown area although the traffic study generally suggests that high levels of service will be the norm. The traffic study identified low levels of service for turning into the project at the Church Road/CSAH 110 intersection during peak hours. The study suggests that this turning difficulty may prompt some motorists to choose access to the site at a different location. 22. Vehicle-related air emissions. Estimate the effect of the project's traffic generation on air q~mlity, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult EA W Guidelines about whether a detailed air quality analysis is needed. The project wifl impact traffic-related, air quality. Since the primary traffic generator of the project is a proposed grocery store that will be relocated from another location in the community, the project will essentially relocate some vehicle-related air emissions as well Due to the pedestrian nature of the proposed project and others in the downtown Mound area, non- vehicular trips will become prastical where that is not a viable option today. Due to a generally high level of service anticipated for reconstructed CSAH 15 and 110, vehicle-related air emissions resulting from idling vehicles will be minimized. 23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EA l// Guidelines for a listing) and any Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9280- page 8 greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone-depleting chemicals (chloro-fluoroearbous, hydrofluorocarbons, perfluor~ns or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. The project proposes to utilize high-efficiency, natural gas heat throughout the development. There are no exhaust stacks or incinerators proposed. Special venting for some uses such as restaurants and salons in the commercial district is anticipated and regulated under State of MN Building and Health Codes. 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? ~r Yes _No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Dust, odors, and noise common to site and building construction will occur during construction. Construction activities and, therefore, dust, odors and noise generation will be limited to daytime hours. Dust, odors and noise common to typical residential and retail uses will occur after construction. 25. Nearby resources. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? Yes ~r No Prime or unique farmlands or land within an agricultural preserve? __Yes ~ No Designated parks, recreation areas or trails7Yes ~r No Scenic views and vistas? Yes ~ No Other unique resources? ___Yes ~r No If yes, describe the resource and identify any project-related impacts on the resource. Describe any measures to minimize or avoid adverse impacts. 26. Visual impacts. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? __Yes ,r' No If yes, explain. 27. Compatibility with plans and land use regulations. Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other applicable land usc, water, or resource management plan of a local, regional, state or federal agency? ~' Yes _No. ff yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved. If no, explain. The project is subject to local Comprehensive Plan and land use regulations. The project has received land use and environmental approvals from local agencies identified in #8 above. The project conforms to the City's current Comprehensive Plan and zoning regulations (see Exhibits 4 & 5). No conflicts with local plans are perceived. 28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9281 - page 9 infrastructure or public services be required to serve the project? ~" Yes No. If yes, describe the new or additional infxastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW; see EA W Guidelines for details.) The project will require the extension of public utilities including sewer, water, stormsewer, electric, gas and telecommunications. The project will also require the construction of a turning lane and curb cut on CSAH 15 and curb cuts on CSAH 110 - both directly adjacent to the project site~ All streets constructed within the site to accommodate internal circulation will be private. 29. Cumulative impacts. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and sununarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere on this form). The project subject to this EAW is an independent project and is not phased or connected to any other activities underway or contemplated. This EAW identifies certain CSAH 15 & 110 turn lane and curb-cut improvements needed to accommodate the project. Those improvements have been described in this EAW and considered as connected actions. Even though other, more extensive, roadway improvements are anticipated to be completed concurrently with the project- connected roadway improvements, they are not, by statute "phased or connected actions". In other words, the project and connected roadway activities do not induce and are not a prerequisite for other related roadway activities; and each project is justified by itself. The proposed project is one of several anticipated in the downtown area of Mound over the next few years as follows (see Exhibit 16): Post Office relocation, 2002 Existing · 1.2-acre site, currently vacant · no stormwater treatment · Phase I environmental indicates no known contamination Proposed · 6,000 SF retail/office building · 40 surface parking stalls · direct access to future CSAH 15 · stormwater treatment by regional NURP pond · roughly 80% hardcover Auditors Road District redevelopment, 2002/2003 Existing · 5-acre site, 95%+ hardcover · fully developed retail/office/parking · no stormwater treatment · Phase I indicates possible soil contamination Proposed · full demolition · 20,000 SF one-story retail · 60 DU four-story condominium w/underground parking · 40 surface parking stalls Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9282- page 10 access onto CSAH 110 and Auditors Road contamination clean-up as needed on-site NURP stormwater treatment roughly 60% hardcover Langdon District redevelopment, 2002/2003 Existing · 5-acre site, 75% hardcover · 25,000 SF retail/office w/parking · no stormwater treatment · Phase I indicates possible soil contamination Proposed · full demolition · 16,000 SF one-story retail · 30 DU four-story condominium w/underground parking · 65 parking stalls · direct access onto CSAH 110 · contamination clean-up as needed · on-site NURP stormwater treatment · roughly 75% hardcover True Value District redevelopment, 2002/2003 Existing · 2.5-acre site, 90% hardcover · 30,000 SF retail/industry w/parking · no stormwater treatment · Phase I indicates probable soil contamination Proposed · 16,000 SF retail to remain, 16,000 SF retail proposed · 100 parking stalls · direct access onto CSAH 15 · contamination clean-up as needed · on-site NURP stormwater treatment · roughly 75% hardcover Lost Lake Canai/Greenway, 1999, 2002/2003 · Creation of a boat canal from Lake Minnetonka (complete) and vegetative buffer along with trail and boat docks around the north perimeter of Lost Lake along with 50-car transit park & ride and NURP stormwater treatment · EAW and Federal EA was prepared and approved for the project Relocation of CSAH 15, 2002 · Realignment of Va-mile stretch of roadway plus curb-cuts, turn lanes and intersection signalization as needed to accommodate existing and anticipated development. Includes construction of NURP stormwater treatment and clean-up of site contamination as needed. The above mentioned projects represent the near full redevelopment of the downtown area of Mound. The cumulative environmental effects are significant and primarily positive in the following ways: Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9283- page 11 a. The redevelopment of an existing urban area recycles land, uses existing urban infrastructure and lessens the consumption of currently rural lands. b. The redevelopment concepts suggest creating compact development, a pedestrian/bike oriented atmosphere and a strong emphasis on public transit. Taken together, this pattern will help reduce auto trips and promote non-motorized transportation. c. Redevelopment provides the opportunity to implement environmental enhancements such as vegetative shoreland buffers, protection of steep slopes and stormwater treatment. d. Environmental testing conducted to date indicates soil contamination throughout many of the project area~ The identified projects offer opportunities to remove contamination problems. e. The existing condition contains a very high percentage of impervious surface with very little tree canopy. The proposed condition intersperses vegetative cover and infiltration areas with the impervious surfaces common to urban development. The net effect is lower heat gain, higher air quality and lower peak stormwater flows. f. Currently, all stormwater runoff from downtown Mound drains untreated and undetained into surrounding natural waters. The cumulative effect of the projects discussed above will treat, to NURP standards, and perform rate control for the entire downtown area having a substantial positive effect on the water quality of receiving watera g. Proposed traffic enhancements will improve the level of service seen in downtown Mound and resolve currently troubled safety spots. The improved level of service at intersections will also serve to minimize vehicle air emissions from idling vehiclea h. Replacement of antiquated HVAC, air filtering, insulation and other building systems with new, efficient systems will diminish energy consumption and noise, odor, and dust pollution. Potential negative cumulative environmental effects include: i. A greater density of people within the compact downtown zone, near natural waters, will increase the potential for shoreline degradation by pedestrians and the need for proper management of shoreline vegetation. j. A greater amount of outdoor lighting within the area will contribute to urban light pollution. k. A greater density of activity in the area will contribute to a greater level of urban noise pollution. No significant adverse cumulative environmental effects are apparent. 30. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along with any proposed' mitigatio~ ALL ANTICIPATED ADVERSE ENVIRONMENTAL IMPACTS HAVE BEEN DISCUSSED Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9284- page 12 31. Summary of issues. Do not complete this section if the EAW is being done for ElS scoping; instead, address relevant issues in the drafl $coping Decision document, which must accompany the EA W. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. No significant adverse impacts or issues have become apparent as a result of preparing this EAW. The proposed project is of a typical residential and retail nature on a site relatively void of environmental or ecological note. Traffic generation, especially brought on by the retail project, is noteworthy. However, the design of roadway projects either underway or proposed by Hennepin County take into account numerous proposed development projects in the area including the subject of this EAW. RGU CERTIFICATION. The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: · The information contained in this document is accurate and complete to the best of my knowledge. · The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60, respectively. · Copies of this EAW are being sent to the entire EQB distribution list. Signa~ Date ~.~ERVER~Active~IOUNDIOI-O1 ~ W worksheet - Mctroplalns. doc Village by Cook's Bay/Mound Marketplace EAW, Mound, MN -9285- page 13 RESOLUTION #01- A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF MOUND GRANTING APPROVAL OF THE MOUND VISIONS 2~ ADDITION FINAL PLAT LOCATED AT 5600 LYNWOOD BLVD. CASE #01-41 WltEREAS, the applicant, The Village by Cook's Bay LLC and Mound Marketplace LLC, have submitted an application for a final plat titled Mound Visions 2"a Addition in the manner required for platting of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota State Statue and all proceedings have been duly conducted thereunder; and, WHEREAS, the property encompasses approximately 18.97 acres or 826,400 square feet of property located on the northwest comer of the intersection ofLynwood Blvd and Commerce Blvd. as legally described in Attachment "A" of this Resolution; and, WHEREAS, the final plat consists of Lot 1, Block 1 which is proposed for commercial development, Lot 1 Blocks 2 through 15, which is proposed for multi-family residential development, Outlot A for parking purposes, Outlots B and'C for dedication to the City for park land, Outlot D for common open space and stormwater ponding, Outlots E, F, H, and I for common open space, Outlot G for private streets; and, WHEREAS, the final plat dedicates land for public road right-of-way purposes along Lynwood Blvd. (County Road 110) and Commerce Blvd. (County Road 15) as shown on the plat; and, WllEREAS, all streets and access drives will be privately owned and maintained as identified in the development plan; and, WltEREAS, City Staff has reviewed the final plat and determined it is consistent with the preliminary plat and conditions contained within as well as the approved development plans for The Village by Cook's Bay and Mound Marketplace; and, WHEREAS, the City Council reviewed the final plat at its October 9, 2001 meeting and determined it is consistent with the preliminary plat; and, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota that the Final Plat for Mound Visions 2"a Addition is hereby approved with the following conditions: 1. City Staff' review and approval of easement documentation for public trails shown in the development plan. -9286- 2. City Staff review and approval of easement documentation for that portion of the public alley extending within the plat area. 3. City Staff review and approval of easement documentation for access over the private road extending from Lynwood Blvd. to Outlot "G". 4. City Staff review and approval of all drainage and utility easement documentation for the final plat. 5. Comply with all conditions contained in the City Engineer's Memo dated October 4, 2001. BE IT RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statute Chapter 462 and the City °fMound Code of Ordinances. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Pat Meisel, Mayor Attest: City Clerk -9287- M mor ndum Hoisington Koegler Group Inc. l ln TO: City of Mound Council and Staff FROM: Loren Gordon, AICP DATE: October 4, 2001 SUBJECT: Mound Visions 2nd Addition Final Plat APPLICANT: The Village by Cook's Bay LLC and Mound Marketplace LLC LOCATION: 5600 Lynwood Blvd. ZONING: R-3 PDA and Destination District PDA COMPREHENSIVE PLAN: Downtown Residential and Destination District BACKGROUND/DISCUSSION: The applicant has submitted a Final Plat application for Mound Visions 2nd Addition for City Council review and approval. As you recall, the Preliminary Plat was approved in January of this year by Resolution//01-12. At that time, the project, The Village by Cook's Bay and Mound Marketplace, received other necessary approvals including comprehensive plan and zoning amendments, street vacation, and development plan approvals. Approval of the Final Plat will allow the development to proceed. Mound Subdivision Regulations Section 330:35 Subd. 1-10, detail the procedures necessary for final plat approval. Of significance in reviewing the final plat, is the City Council's determination of consistency between the preliminary and final plats taking into consideration approval conditions of preliminary plat. If the City Council determines the final plat conforms to the preliminary plat, the Council should adopt the resolution for approval. Council will also find development plans as a part the packet material. These approved development plans are included for your information since it has been roughly l0 months since they were last reviewed. Because these plans were previously approved, action is not needed, but should provide a refresher on development plan details. Since preliminary plat approval, Staff has been working with the County to determine the fight-of- way, roadway alignment and intersection details for County Roads 15 and 110. The right-of-way dedication shown along these roadways in the Mound Visions 2nd Addition Final Plat represents what has been agreed upon by Staff from Hennepin County and the City of Mound. This satisfies the most critical part of the final plat approval as a condition the preliminary plat approval. Based on the right-of-way determination, Staff finds the Final Plat is consistent with the approved Preliminary Plat. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9288- p. 2 #01-41 Mound Visions 2~ Addition Final Plat October 4, 2001 One other item to note is the lot and blocks shown on the residential portion of the final plat. These lot and blocks indicate envelopes for building locations. The developer has indicated a Common Interest Community (CIC) plat, a form of what is commonly known as a condominium, will be recorded with Hennepin County for the residential portion. The lot and blocks shown on the final plat are consistent with the building locations shown on the site plan that guides the overall site development. As the CIC process is prescribed by MN State Statute, the City does not need any further involvement following final plat approval. RECOMMENDATION: Staff has reviewed the Mound Visions 2"a Addition preliminary and final plats finding they are consistent with preliminary plat approvals and in order for City Council approval. Staff recommends the City Council adopt the attached Resolution granting approval of the Mound Visions 2"a Addition Final Plat. M: BIOUNDIOI-OSIO1-41.doc 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9289- CITY OF MOUND, MINNESOTA ENGINEER'S MEMO TO THE MOUND CITY COUNCIL DATE: CASE NO: PETITIONER: FINAL PLAT: LOCATION: October 4, 2001 01-41 The Village By Cook's Bay LLC & Mound Marketplace LLC Mound Visions 2nd Addition Lynwood Boulevard (CSAH 15) & Commerce Boulevard (CSAH 110) ASSESSMENT RECORDS: N/A Yes No 2. [21 x [21 3. F~ x D 4. x ~ El s. x I-1 Watermain area assessments have been levied based on previous use. Unknown Sanitary sewer area assessments have been levied based on previous use. SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. Area assessments. Other additional assessments estimated: LEGAL / EASEMENTS / PERMITS: 6. X [--] ['-] 7. 12] x [-1 s. x [-1 Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and five feet (5') in width adjoining side and rear lot lines. All standard utility easements required for construction are provided - The City will require twenty feet (20') utility and drainage easements for proposed utilities along the lot lines were these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: Drainage and utility easements must accommodate all public utilities. Complies with ponding requirements - N/A Yes No The City will require the dedication of drainage easements for ponding purposes on all property below the established 100- year high water elevation and conformance with the City's comprehensive stormwater drainage plan. 9. E] x E3 10. X [--] [--] 11. [--] [-] X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of- way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the Owner's responsibility to submit a petition as well as legal descriptions of eaSements proposed to be vacated. The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subiect property is abstract property, then this requirement does not apply. It will be necessary for the property Owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. All necessary permits for this project have been obtained - The following permits must be obtained by the Developer: x Hennepin County x MPCA x State Health Department x Minnehaha Creek Watershed District ~] U.S. Army Corps of Engineers ["-] Other The Developer must comply with all conditions contained within any permit. TRANSPORTATION: 12. X [--] ["-I Conforms with the City's grid system for street names - N/A Yes No The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary: 13. 14. x E3 VI x [5] 71 Conforms with the City's Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. Acceleration/deceleration lanes provided - Right turn lane for the main entrance on Lynwood Boulevard (CSAH 15) will be required by Hennepin County. 15. El I--1 x All existing street rights-of-way are required width - Additional right-of-way will be required on Commerce Boulevard (CSAH 110) and Lynwood Boulevard (CSAH 15) as shown on the Final Plat. UTILITIES: 16. [~] X V1 VI 18. X X Conforms with City standards requiring the Developer to construct utilities necessary to serve this plat - In accordance with City standards, the Developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer, and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. Final utility plans submitted comply with all City requirements - See Special Condition No. 24 and 25. The Developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). See Special Condition No. 26 Per the Developer's request, final plans will be prepared by the City. If it is their desire to have the City construct these facilities as N/A Yes 'No 19. [-'] X ["'] part of its Capital Improvement Program, a petition must be submitted to the City. The cutoff date for petitions is October 1st of the year preceding construction, if the Developer is paying 100% of the cost. The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 20. [3 x i--1 The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: It will be necessary to contact Greg Skinner, the City's Public Works Superintendent, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The Developer shall also be responsible for contacting the Public Works Department for an excavating permit prior to any digging within the City right-of-way. GRADING, DRAINAGE AND EROSION CONTROL: 22. X [~ [--] Have minimum basement elevations has been established. Minimum basement elevations must be established for the following lots: 23. [~] X ['"] Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The Grading and Drainage Plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Any conditions imposed by MCWD Permit. SPECIAL CONDITIONS REQUIRED: 24. Final utility plans must be approved by the City's Public Works Superintendent for compliance with City standards. The City of Minnetrista must approve the location N/A Yes No 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. and construction details for relocation of their 12" foreemain. The City's Fire Department must review and approve the final plan for emergency vehicular access and hydrant spacing. Plan and profile drawings must be provided for all public utilities. Owner's Engineer shall provide construction observation sufficient to certify compliance with plans and specifications. No construction work shall be done between 7:00 p.m. and 7:00 a.m. nor on Sundays or legal holidays, without special approval of the City of Mound. The approval by the Minnehaha Creek Watershed District (MCWD) requires a pond maintenance agreement. This will be the responsibility of the developer and ultimately the homeowners; thus this agreement should be included in the homeowners' association documents. The Developer shall be responsible for the installation of private utilities, Such as telephone, electric, and natural gas services. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. Prior to acceptance of the completed project by the City Council, it will be necessary to furnish an Engineer's Certification of Completion. Upon receipt of said certification and recommendation by the City Engineer that the completed work will be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. The Developer shall provide an escrow guarantee (surety bond, cash, certificate of deposit, or irrevocable letter of credit) in the amount of 125% of the estimated cost of street and utility improvements. The Developer shall enter into a development agreement with the City of Mound. Submitted by: CITY OF ~OUND [~003 PLANNING COMM. DATE CITY COUNCIL DATE: Application for MAJOR SUBDIVISION City of Mound 5341 Meywood Road, Mound, MN 55364 Phone: 472-0607, Fax: 472-0620 CASE NO, DISTRIBUTION ' DATE CiTY PLANNER POLICE CITY ENG MCWD DISTRIBUTION D~ TE PL,IB WORKS PARKS DNR HENNEPIN COUNTY ASSESSING FIRE TYPE OF APPLICATION FEE SKETCH PLAN REVIEW $350 PRELIMINARY PLAT $350+$15 par lot FINAL PLAT $350+$15 per lot CONDITIONAL USE PERMIT: PDA $350 ESCROW DEPOSIT $5,000 VARIANCE $200 TOTAl. $,5 -! I C3 Please type or print the followin~; Information: PROPERTY Subject 5600 Lynwood Blvd. (reference point for property) INFORMATION Address , . Name of Proposed Plat,,. Mound Visions 2nd Addition EXISTING LEGAL DESCRIPTION Lot please see attached ,. Block Plat # Subdivision ........ ZONING 1)Destination District PUD DISTRICT Circle: R-1 R~IA a-2 R-3 S-1 S-2 B-3 2) R-3 Residential PDA APPLICANT The applicant is: x_~..owner other: Name, The Village ,by Cook"s Bay .LLC & Mound Marketplace LLC 'for Metrot Address 1600 Uni. versity Ave. - Suite 212 ~.t. Paul~ MN 55104 Devel, Phone (H) n/a 0~9 651-646-7848 (M) Name OWNER (If other than Address applicant) Phone (H) ,. ~VV) (U) sURVEYO~7 Name Survey/Plat -SChoell & Madson Enginee.r - Sunde Engineering, Inc. ENGINEER Address Survey - 10580 Wayzata Blvd. Suite 1 Minnetonka, MN 55305 Engineer 4200 West Old Shakopee Rd Suite 230 Bloo~'ington 554 P~pne (S) 952-847-9615 (E) 952-881-3344 (m: ~) (M) lains .Dment 37 Revised 04/25/01 Major Subdivision Application -9295- 09/05/01 12:58 PAl Description of Proposed Use: The ~ormer Westonka School site CITY OF MOUND will be redeveloped into a combination of 004 residential~ commercial and dedicated ~arks. EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. Please see attached Environmental Assessment Worksheet (EAW) If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ 30 million RESIDENTIAL DEVELOPMENTS: Number of Structures: 15 Lot Area Per Dwelling Unit: 25,832 sq. ft. Number of Dwelling Units/Structure: 4-10 387,490 Total Lot Area: . sq. ff. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s:) of app[ication, action taken, resolution number(s) and provide copies of resolutions. 7es - plea'se see attached for list of dates and cooles of resolutions This af3j~l_i~at_io_n_.n3_u.s..~ b. ~_signed by all owners of the subject properly, or an explanation given why this is not the METR~IN$ DEVELOPMENT, BY: LAVER"E HANSON, JR., SENIOR VICE PRESIDEN'I Print Applicant's ~ "A~re Date Print Owner's Name Print Owner's Name Owner's Signature Date Date Own.er's Signature Revia~ 04/24/0l Major Subd/v/sion Appticadon -9296- LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, "Lynwold Park" Lake Minnetonka, according to the recorded plat thereof, Hennepin County, Minnesota; vacated Ridgewood Avenue and vacated alley originally delineated and dedicated in said plat of"Lynwold Park" Lake Minnetonka. That .part of the South Half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian, except that part of said South Half of the Northeast Quarter of the Southeast Quarter described as follows: Beginning at a point on the east line of said Northeast Quarter of the Southeast Quarter, distant 225.00 feet southerly from the northeast comer of said South Half of the Northeast Quarter of the Southeast Quarter; thence westerly, parallel with the north line of said South Half of the Northeast Quarter of the Southeast Quart er, a distance of 398.63 feet; thence southerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 158.39 feet; thence easterly, deflecting to the left 89 degrees 57 minutes 22 seconds, to said east line of the Northeast Quarter of the Southeast Quarter; thence northerly along said east line to the point of beginning. Which lies easterly and southerly of a line described as follows: Commencing at the southwest corner of Lot 20 in said "Lynwold Park"; thence on an assumed bearing of North 2 degrees 59 minutes 17 seconds East, along the west line of said Lot 20 and its northerly extension, a distance of 250.42 feet, to the south line of said Northeast Quarter of the Southeast Quarter and the point of beginning of the line to be described; thence North 2 degrees 59 minutes 17 seconds East, along said northerly extended line, a distance of 282.43 feet; thence South 89 degrees 59 minutes 06 seconds East a distance or 100.13 feet, to the southerly extension of the west line of Dewey Avenue now known as Bellaire Lane, as delineated and dedicated in the record plat of "MOUND"; thence North 2 degrees 56 minutes 50 seconds East, along said southerly extended line, a distance of 72.90 feet; thence northwesterly, a distance of 59.86 feet, along a curve concave to the east having a radius of 225.00 feet and a central angle of 15 degrees 14 minutes 38 seconds, the chord of said curve has a length of 59.69 feet which bears North 7 degrees 39 minutes 03 seconds West, to the intersection with a line bearing South 89 degrees 58 minutes 16 seconds West from a point on the east line of said Northeast Quarter of the Southeast Quarter distant 225.00 feet southerly from the Northeast comer of the South Half of the Northeast Quarter of the Southeast Quarter; thence North 89 .degrees 58 minutes 16 seconds East a distance of 500.00 feet and said line there terminating. Lots 18, 19, & 20 Lynwold Park, Lake Minnetonka, according to the recorded plat thereof, Hennepin County, Minnesota. -9297- LEGAL DESCRIPTION Lots 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 104, 105, 106, 107, 105, 109, 110, 111, 112, 113, 114, 115, '`MOUND", according to the recorded plat thereof, Hennepin County, Minnesota. Those parts of Lots 102 and 103 "MOUND", according to the recorded plat thereof, Hennepin County, Minnesota, which lie easterly of the east line of the west 200.00 feet of the Northeast Quarter of the Southeast Quarter of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian. That part of Meadow Lane, as delineated and dedicated on the plat of "MOUND", according to the recorded plat thereof, Hennepin County, Minnesota, and now vacated, which lies easterly of the west 200.00 feet of the Northeast Quarter of the Southeast Quarter of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian, and westerly of the southerly extension of the west line of Dewey Avenue, now known as Bellaire Lane, as delineated and dedicated in said plat of"MOUND". That part of the South Half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian, except the west 200.00 feet thereof, also except that part within the plat of ''MOUND", according to the recorded plat thereof, Hennepin County, Minnesota and except that part described as follows: Commencing at the northeast corner of the South Half of the Northeast Quarter of the Southeast Quarter; thence southerly, along the east line of said Southeast Quarter, a distance of 225.00 feet; thence westerly, parallel with the north line of said South Half of the Northeast Quarter of the Southeast Quarter, to the intersection with the southerly extension of the west line of Dewey Avenue, now know as Bellaire Lane, as delineated and dedicated in the plat of ''MOUND"; thence northerly along said southerly extension to the north line of said South Half of the Northeast Quarter of the Southeast Quarter; thence easterly, along said north line to the point of beginning. Which lies westerly and northerly of a line described as follows: Commencing at the southwest comer of Lot 20 in "Lynwold Park", Lake Minnetonka, according to the recorded plat thereof, thence on an assumed bearing of North 2 degrees 59 minutes 17 seconds East, along the west line of said Lot 20 and its northerly extension, a distance or 250.42 feet, to the south line of said Northeast Quarter of the -9298- Southeast Quarter and the point of beginning of the line to be described; thence North 2 degrees 59 minutes 17 seconds EaSt, along said northerly extended line, a distance of 282.43 feet; thence South 89 degrees 59 minutes 06 seconds East a distance of 100.13 feet, to the southerly extension of the west line of Dewey Avenue, now know as Bellaire Lane, as delineated and dedicated in the record plat of "MOUND"; thence North 2 degrees 56 minutes 50 seconds East, along said southerly extended line, a distance of 72.90 feet; thence northwesterly, a distance of 59.86 feet, along a curve concave to the east having a radius of 225.00 feet and a central angle of 15 degrees 14 minutes 38 seconds, the chord of said curve has a length of 59.69 feet which bears North 7 degrees 39 minutes 03 seconds West, to the intersection with a line bearing South 89 degrees 58 minutes 16 seconds West from a point on the east line of said Northeast Quarter of the Southeast Quarter distant 225.00 feet southerly fi.om the Northeast comer of the South Half of the Northeast Quarter of the Southeast Quarter; thence North 89 degrees 58 minutes 16 seconds East a distance of 500.00 feet and said line there terminating. G:kmoundLtndl~legal residential -9299- 69850-00~ 0 69850-00~ _ CO'iTONWO~OD I LANE --7 r..J L 'I I \ I EAS~ UNE ~ ~£ ~.s~ 2oo ~ ~'I~_E HE 1/4 Of' mE ~u. I¢, T. 117 ~ 927.54 T 0 t L1 r-/ I OpTLOT 158.39 /'5' 8 BEL.LAiRE I~ON~OOD LANE L-&NE Z I I / / / / / I ~. 7~ _ ~ ~-~,', ,/J : '~=~ ~ - ~_: ....... ~ ~ :,~, ~.30 ~' ~ H& ~,~.,~.~..~,'~-w NOO~r~,'W~ ~s~ ~ -- ~- I , -- o~ I '11 , ~(Z)l~ , I ~ ~ H I ; I ~ o ~_ i~~ _, ~ , N ~ ~1 ~ / ~ ~ , . ~ __ 6~850-00~ N87'48'18'W C -] '"" ,i %9, z I i ~ ~ :Oo 'a IL ~' L 9' j.t~2' 0 Commerce Bellaire ~ --~ ~ ~-'~ ~ ~.oo ~ 0 ,,o,,r__o, The Village at Cook's Bay Mound, Minnesota Developers: Metroplains Development Inc. PB K Investments Im 'ON C! V 0 ~! 0 I:{ YA ::l'{N 08 A.LI Village at Cook's Bay Mound, Minnesota Developers: Metroplains Development Inc. LLC PBK Investments Mound vision final plat submission i+ 4' m Village at Cook's Bay Mound, Minnesota Developers: Metroplains Development Inc. LLC PBK Investments Mound vision final plat submission Village at Cook's Bay Mound, Minnesota Developers: Metroplains Development Inc. LLC PBK Investments Mound vision final plat submission CITY OF MOUND RESOLUTION # 01- RESOLUTION TO APPROVE A SETBACK VARIANCE FOR A TELECOMMUNICATIONS TOWER LOCATED ON THE PROPERTY AT 5600 LYNWOOD BLVD., P & Z CASE # 01-30 PID # 14-117-24-41-0011 WHEREAS, the applicant, The Village by Cook's Bay LLC, have requesLed a setback variance for a telecommunications tower currently located on the parcel. The. property on which the tower is located has pending development plans that will not accommodate its current location; and, WHEREAS, the developer of the property as the owner of the tower is seeking a variance to the relocate the tower to a location that provides open space around it in the event it does fall; and, WHEREAS, the' tower was granted variance in 1999 to locate on parcel 11 at 5600 Lynwood Blvd. Since the approval of this variance the ownership of this property is no longer publio and current code regulations would not allow approval, of an application for a new tower to be constructed. Because the tower is now considered a legal nonconforming use the tower can remain with a variance to address to relocation along the boundary line of parcel 11; and, WHEREAS, Resolution #01-13 contains conditions that address the tower citing its consistency with previous variance approvals. The applicant is seeking to vary the current 120 feet tower setback requirement that was established to protect adjacent property interests in the event the tower were to collapse; and, WHEREAS, the developer has submitted a letter fi.om the tower manufacturer, Valmont Industries, stating that the tower is designed in accordance with A.N.S.I. standard E.I.A.fr.I.A. 222 Revision F, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures." In addition, Valmont indicates that in the event the tower failed, it would buckle on itself rather than fall over. The letter also indicates there have not been any pole failures to date; and, WHEREAS, ha addition to City Code Section 350:530, the City Council may also grant a variance by considering the requirements imposed bY the Telecommunications Act of 1997 and showing by the applicant with written or other satisfactory evidence that: The location,"shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located; 2. The variance will not create a threat to the public health, safety or welfare; -9312- The foregoing resolution was moved by Couneilmember seconded by Coun¢ilmember The following Couneilmembers voted in the affirmative: The following Coun¢ilmembers voted in the negative: and Adopted August 28, 2001 Pat Meisel, Mayor Attest: City Clerk -9313- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY AUGUST 6, 2001 2. BOARD OF APPEALS CASE #01-30 VARIANCE - 5600 LYNWOOD BOULEVARD The Village by Cook's Bay has submitted an application to relocate the cell tower in order to accommodate the pending residential development plans. The variance request to remove the 1:1 tower fall zone distance. As you may remember, the tower was originally installed by US West Cellular as a part of the Haddorff football field project about two years ago. The project required approval of a variance for the tower to be sited. The variance tied the tower to one of the 5 parcels, parcel 11, that comprised the Westonka School District land. The resolution approving of the Village by Cook's Bay development plans contains a condition that the tower be removed or relocated in a manner consistent with the variance approval. In anticipation of this application, staff has worked with US West and the property owner to find a location that satisfies this requirement. The Telecommunications Ordinance, Section 350:1300, contains provisions specifically to address situations like this where there is the need to grant variances to the 1' 1 tower fall zone. In the case of a request for modification of the maximum height limit, that the modification is necessary to: (1) facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. Staffbelieves that all the criteria have been satisfied and are reasons to justify the granting of a variance. Staff recommends the Planning Commission recommend Council approval of the variance as requested with the following conditions: 1. The Building Official and City Engineer review and approve the construction plans. 2. A landscaping plan be prepared to address screening of tower equipment and submitted for review and approval by the Community Development Director. -9314- Planning Commission Minutes August 6, 2001 3. If a new tower is used to replace the existing tower because of the need to continue to provide uninterrupted service, the new tower shall be the same design and height as the existing. 4. All conditions of the previous variance approval shall remain in force. MOTION by Weiland, seconded by Clapsaddle, to approve the staff recommendation with the four conditions outlined in the staff report. Mueller thought we might need to change our ordinance with respect to fall zones and height. Gordon said there were very few areas in the city where a tower could be put. There are public properties that could meet a fall zone. We have to allow them somewhere and we want some flexibility to control that. MOTION carried. Anderson opposed. Anderson indicated that the hardship was created by the developer. I have to be consistent with my previous stance on this subject. -9315- PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP -. DATE: August 6, 1999 SUBJECT: Variance Request OWNER: The Village by Cook's Bay LLC CASE NUMBER: 01-30 tIKG FILE NUMBER: 01-05 LOCATION: 5600 Lynwood Blvd. ZONING: Residential District R-3 COMPREltENSIVE PLAN: Downtown Residential BACKGROUND: The Village by Cook's Bay has submitted an application to relocate the cell tower in order to accommodate the pending residential development plans. The variance request to remove the 1:1 tower fall zone distance. As you may remember, the tower was originally installed by US West Cellular as a part of the Haddorff football field project about two years ago. The project required approval of a variance for the tower to be sited. The variance tied the tower to one of the 5 parcels, parcel 11, that comprised the Westonka School District land. The resolution approving of the Village by Cook's Bay development plans contains a condition that the tower be removed or relocated in a manner consistent with the variance approval. In anticipation of this application, sta~ has worked with US West and the property owner to find a location that satisfies this requirement. The Telecommunications Ordinance, Section 350:1300, 'contains provisions sPecifically to address situations like this where there is the need to grant variances to the 1:1 tower fall zone. Section 350:1390 Variances. 123 North Th/rd Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9316- p. 2 #01-30 - Cook's Bay cell tower variance August 6, 2001 Subd. 1. 'Initial Criteria. The city council may grant a variance to separation or buffer requirements, and maximum height provision of this based on the criteria set forth in Section 350:530 of this Code. the setback, subdivision Subd. 2. Additional Criteria. In addition to consideration of a variance based on the criteria set forth in Section 350:530 of this Code into consideration, the city council may also grant a variance by considering the requirements imposed by the Act and showing by the applicant with written or other satisfactory evidence that: The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located; 2. The variance will not create a threat to the public health, safety or welfare; In the case of a requested modification to the setback requirement, the size of plat upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land; In the case of a request for modification of separation requirements, if the,person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicant's wireless communications system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area; In the case of a request for modification of the maximum height limit, that' the modification is necessary to (1) facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. · DISCUSSION: Staff believes that all four criteria above have been satisfied and are reasons to justify the granting of a variance. RECOMMENDATION: Staff recommends the Planning Commission recommend Council approval of the variance as requested with the following conditions: 1. The Building Official and City Engineer review and approve the construction plans. 2. A landscaping plan be prepared to address screening of tower equipment and submitted 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9317- p.$ #01-30 - Cook's Bay cell tower variance August 6, 2002 for review and approval by the Community Development Director. " 3. If the a new tower is used to replace the existing tower because of the need to continue to provide uninterrupted service, the new tower shall be the same design and height as the existing. 4. All conditions of the previous variance approval shall remain in force. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -9318- July 1 O, 2001 " ~ 0 U ETROPLAINS _ P1ETROPLAINS PR OPERTIES INC PIETROPLAIN$ DEVE LOPHENT LLC g t h e h e ~ r t l a n d Jill Norlander City of Mound ' 5341 Maywood Road Mound, MN 55364 RE: The Village by Cook's Bay LLC 7 Variance Application Dear Ms. N0rlander: Enclosed is the Variance Application for the cell .tower fall zone relocation. Included in the application is the site plan with the proposed new cell tower location. Also, we have enclosed a preliminary plat for your use. Two full size sets and one reduced size have been sent for your convenience. The $200.00 application fee is also enclosed. We are submitting this application for review by the Planning Commission 'on Monday, August 6, 2001, and for the City Council on Tuesday, August 28, 2001. If you have any questions, or need additional information, please contact our office. Sincerely, Marcia Westover enclosures -9319- SPRUCE TREE CENTRE · 1600 UNIVERSITY AVE · SUITE212 ST. PAUL MINNESOTA 55104-3825 651 646 7848 · FAX 6Sl 646 8947 'l www. mera'oplatns.com Table of Contents Variation Application For Cell ToWer Fall Zone Village By Cook's Bay City of Mound Variance Application Exhibit A 3. Exhibit B 4. Exhibit C 5. Exhibit D -9320- Variance Application For Cell Tower Fall Zone Village By Cook's Bay -9321 - VARIANCE APPLICATION CITY OF BOUND 534t Ma)wood Road, Mound, MN 55364 Phone: 952-472-0607, Fax:'962-4?2-0620 PAID JUL 1 OFFY OF MOUND Applicatior~ Fee:~ (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: ? '[[-'<~ I Clty Engineer g ,-'.1 ~,C~). J Public Works c.-.o. DNR PARK SUBJECT Address 5600 L>mwoo~/ Blvd. .. PROPERTY LotP]:..ease see attached - Exhibit A LEGAL Block DESC. Subdivision Pla~ PID# .... ZONING DISTRICT R-1 R-lA R-2 R-3 B-1 B-2 B-3 PROPERTY Name The Village ,bY Cook's Bay LLC .... OWNER Address 1600 UnSversity Ave. Suite 212 .~t. Pm,,1. N~T ~RIOA Phone W) 651-646-7848 (H) ( .... (M), APPLICANT Name Same as above ,,. (iF OTHER Address ......... THAN Phone OWNER) (H) .... (W) i(U) 1. Has an application ever been.made for zoning, vanance, conditional use permit, or other zoning procedure for tl property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide cop: of resolutions. please see attached -. Exhibit 2. Detailed description of proposed construction or alteration (size, number of stories, ~pe of use, etc.): Variance request for relocation of cell tower to another location on the same property with a modified fall zone from that as described in ordinance. See attached letter' from Owest Revised 04/24/0~ Wireless, LLC dated May 21, 2001, describing structural integrity of tower and the no fall zone requirement. Exhibit C -9322- 05/31/01 1Z:l§ FAX- CITY OF ~OUND Variance Application, P. 2 of 3 ~0U5 d)t- ;SO Do the existing structures comply with all ama, height, bulk, and setback regulaflon~ for the zoning in which it is located? Yes ~J;:t, No (X). If ne, specify each non-conforming use (describe teaser, variance request, I.e, setback, lot area, etc.): Tower fall zonA - eXisting cell tower fs 120 feet. ~.~.E.I]~,.~: P. EQ U IP,ED REQUESTED VAP,IAN CE ,' (or ~xm?g) Front Yard: ( NS E W ) I ff. ft.. ft. Side Yard: ( N S E W ) ff. ft. ft. Side Yard: ( N S E W ) ff. fL ft Rear Yard: ( N S E W ) . ft. ft, Lakeside: ( N S E W ) ft. · ft. fi. : (N'SEW) ff. ff. ff. Street Frontage: ff. ff. ff. Lot Size: sq ft sq ff sq ff Hardcover: sq ff sq Does the Present use of the property conform to all regulations for the zoning district .in which it is located? Yes ~, No (). If no, specify each non-conforming use: .5. please Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography. ( ) soil ( ) too small ( ) drainage · '( ) existing situation ( ) too shallow ( ) shape (30 other:, specify describe: The 'PUD of housing and c~nmercial requite the relocation of the tower as it would be located in the new road/drive area of the residential odrtion. It is being' rglocat~ on the same site in a green open space area of the residential-site~ adjacent to the commercial area. The triangular area provides for good reception for the cell tower, behind the commercial and away f~om both the existing neighborhood and the new residential housing and street configurations. This area provides fora fall zone, but overlaps onto the commercial building site.' The .structUral report.indicates a fall zone is not needed for the monopole design utiliZed. We therefore, request a variance for its new location and structural soun'dness. Re ViSed 04/24/0 -9323- 05/31/01 12:1~ FAX CITY OF ~0UND Variance Application, P. 3 of 3 Case No. [~0O6 61- Was the hardship described above created by the action of anyone having propert~ interests in the land after the zoning ordinance was adopted (1982)? Yes {~ No (). If yes, explain; Development of a vacant' parcel into housinF and nnm~r~nl Was the hardship created by any other man-made change, such as the relocation of a road? Yes ~,~, No (). if yes., explain: same as #6 Are the conditions of hardship for'which you request a vadance peculiar only to the property described in this petition? Yes :;~, No (). If no, fist some other properties which are similarly affected? 9. Comments: *see attached site alan for propnmmd ~nw~r r~lnc~tien - Exhibit D 1 certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the pre__rnises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature ~~,. ~ .~ ' METROi~At~NT, tt~ ' ' , BY: ~VEI31~E Applicant s Signature _.::. .~.~_ _r,,,,~,~-...., Date__ Date "1. Io'oI Revised 04/24/01 -9324- Exhibit A -9325- LEGAL DESCRIPTION Lots 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101,-104, 105, 106, 107, 108, 109, 110, 1'11, 112, 113, 114, 115, 'WiOLrND", according to the recorded plat'thereof; Hennepin County, l~mnesota. Those parts of Lots 102 and 103 '~vlOUND", according to the recorded plat thereof; Hennepin Connty,_lV[inn esata~_whichgie-easterly-of-the-east4ine-..o f .the~we~t-200 .-O0-feet~of- the Northeast Quarter of the Southeast Quarter of Section 14, Township !17 North, Range 24 West of the 5m Principal Meridian. That part of Meadow Lane, as delineated and dedicated on the plat of '~vlOUND", according to the recorded plat thereof; Hennepin County, l~nnesota, and now vacated, which lies easterly of the west 200.00 feet of the Northeast Quarter of 'the Southeast Quarter of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian, and westerly of the southerly extension of the .west line of Dewey Avenue, now known as Bellaire Lane, as delineated and dedicated in said plat of'~VlOUND". That part of the South Half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 117 North, Range 24 West of the 5t~ Principal Meridian, except the west 200.00 feet thereof, also except that part within the plat of '~vlOUND", according to the recorded plat thereof, Hennepin County, Minnesota and except that part described as .follows: Commencing at the northeast comer of the South Half of the Northeast Quarter of the Southeast Quarter; thence southerly, along the east line of said Southeast Quarter, a distance of 225.00 feet; thence westerly, parallel with the north line of said South Half of the Northeast Quarter of the Southeast Quarter, to the intersection with the southerly -extension of the west I/ne of Dewey A~)enue, now know as Bellaire Lane, as delineated and dedicated in the plat of '~vlOUND"; thence northerly along said southerly extension to the north line of said South Half of the Northeast Quarter of the Southeast Quarter; thence easterly, along said north line to the point of beginning. Which lies westerly and northerly of a line described as follows: Commencing at the southwest comer of Lot 20 in '~LYnWold Park", Lake Minnetonka, according to the recorded plat thereof; thence on an assumed bearing of North 2 degrees 59 minutes 17 seconds East, along the west line of said Lot 20 and its northerly extension, a distance or 250.42 feet, to the south line of said Northeast Quarter of the -9326- Southeast Quarter and the point of beginning' of the line to be described; thence North 2 degrees 59 minutes 17 Seconds East, along said northerly extended line, a distance of 282.43 feet; thence SoUth 89 degrees 59 minutes 06 seconds East a distance of 100.13 feet, to the southerly extension of the west line of Dewey Avenue, now know as Bellaire Lane, as delineated and dedicated in the record plat of "MOUND"~ thence North 2 degrees 56 minutes 50 seconds East, along said southerly' extended line, a distance of · 72.90 feet; thence northwesterly, a distance of 59.86 feet, along a curve concave to the east hav/ng a radius of 225.00 feet and a central angle of 15 degrees 14 minutes .38 seconds, the chord of said curve has a length of 59.69 feet whieh bears NOrth 7 degrees 39 minutes 03 seconds West, to the intersection with a line bearing South 89 degrees 58 ................................................... minute-s--1-6-~econds. We~ fr-~m a point-on-the-east4iae--' ' of--said-Northeast--Quarter-of--t-he~. .......................... Southeast Quarter distant 225.00 feet southerly fi.om the Northeast comer of the South Half of the Northeast Quarter of the Southeast Quarter; thence NOrth 89 degrees 58 minutes 16 seconds East a distance' of 500.00 feet and said line there terminating. G: ~notmcl~ndl~legal, residential -9327- LEGAL DESCRIPTION SPEC]I*IC TO CELL TOWER LOCATION COM 225 FT. ~ of NE COP,. OF g ~ OF NE 1/, OF gE ¼ TH WLY PAR WITH lq' LINE OF SAID S ½ DIST 3'98.63 FT. TO ACT PT OF BEG TH DEFLECT'LEFT 90 DEG. -9328- Exhibit B -9329- CERTIFICATE City of Mound STATE OF lVlrNNESOTA) )SS COUNTY OF HENNEPIN) I, the undersigned, being the duty qualified and the Clerk of the City. of Mound, Minnesota, hereby attest and-ge-~i-fy-that: As such officer, I have the legal custody of the original record from which the attached and forgoing .extract was transcribed. I have carefully compared said extract with said original record. · I fred said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City held of the date indic/ed in said extract, including any resolution adopted at such meeting, insofar as they relae to: RESOLUTION #01-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING DEVELOPMENT PLAN APPROVAL OF "THE VILLAGE BY COOK'S BAY". AND "MOUND MARKETPLACE" BY CONDITIONAL USE PERMIT AND VARIANCE APPROVAL P&Z CASE #00-65 Said meeting was duly held, pursuant to call'and notice thereof as required by law on January 23, 2001. .. WITNESS my hand officially as such Clerk, and the seal of said City, this 25t~. day of January, 2001. CITY CJ, ERK Resolution #01-13 Page 8 of 8 -9330- CITY OF MOUND RESOLUTION #01-13 A RESOLUTION OF THE CITY COUNCIL 'OF THE CITY OF MOUND GRANTING DEVELOPMENT PLAN APPROVAL OF "THE VILLAGE BY COOK'S BAY" AND "MOUND MARKETPLACE" BY CONDITIONAL USE PERMIT AND VARIANCE APPROVAL P&Z CASE//00,65. WJ:lt;REAS,-the-apt:d-ican-t,-M~troP-lai~a~ D~me~-t~re-ze-r-dng~app-lieat/o~s-to allow residential and commercial development of property on the "Old School" site'for development projects called "The Village by Cook's Bay" and '.'Mound Marketplace"; and, WlffE~, thc proposed development includes 18.97 acres of land. that was previously the Westonka'Community Center and ballfields and Westonka High School previously; and, WHEREAS, the development plan for the site calls for its development as multiple family. residential and a commercial area along with land dedicated for park land dedication requirements; and, WHEREAS, The concept plan indicates 59 toWuhome units and 40 'flats.' The townhomes will provide a total of 4 parking spaces per unit including 2 indoor and 2 outdoor parking spaces. Underground parking will be provided for the flats at a ratio of 1 ½ spaces per unit. An additional 40 spaces will be scattered in bays along the private streets for visitor and guest parking. All streets.within the residemial area of the development will be private with a 24 feet width with no on-street parking because of the need to allow emergency access on this narrowed design; and, WHEREAS, as a planned development area, dimensional items such as building setbacks, lot area and width are approved and regulated under a conditional use permit. A Common Interest Community (CIC) will be established to govern the further replatting and use. 0fthe land as individual units; and, WHEREAS, four 'big house' fiats are shown on the eastern side of the deVelopment along Bellalre Road. The narrative talks about these units as single level with 4 Units per level in these 2 - 3 story buildings. The developer indicates that the markei for the flats would appeal to seniors which is a good 'fit' with the needs in Mound; and; WHEREAS, the following standards apply under the conditional use permit for the "The · Village by Cook's. Bay," pPAKCEL SIZE ROPOSED UNIT # 12.27 ac I 99 Resolution #01-13 Page 1 of 8 -9331 - 8 units/acre Minimum Lot Width Not applicable Front Yard Setback Elm Road Bellaire Side Yard Setbacks Rear Yard Setbacks LAND USE PLAN SUBDIVISION STREET DESIGN Right-of-way width Pavement width Park Site Dedication GREENSPACE HARDCOVER 60 feet 100 feet As indicated on plans between buildings As indicated on plans from property lines. Downtown -R~idential (Medium to High Density 'Residential ~ 7 + units/acre) NA - private streets 24 feet 1.89 acres or 10% of total development land area- 18.97 acres 57.4 percent 36.2 percent WHEREAS, building elevations for the townhomes are provided with the development which also detail mater/al standards to be followed on building exteriors; and, WHEREAS, the landscape plan for the residential portion of the development provides a total of 145 planting un/ts which exceeds the 99 unit minimum. Plantings consist .of shade, ornamental, and coniferous varieties. The park will be planted with 24 shade trees in addition to the 9 conifers that will be preserved; and, WHEREAS, a total of 1.89 acres, 10 percent of the total site area, will be dedicated to the City as parkland. Outlots 'B' and 'C' note these lands. Tot lot play equipment will also be provided by the developer and located in Outlot 'C'; and, WHEREAS, the development proposes 67,000 square feet of commercial space called 'Mound Marketplace.' Anticipated tenants include a grocer, city liquor store, restaurants, and smaller retail shops. The buildings would be designed to consider the urban context of the downtown and the Mound Visions plan. Detailed exterior treatments, space relationships, and other design elements are provided in.the development Submittal which wilt encourage high quality building and site Resolution #01-13 Page 2 of 8 -9332- treatment; and, WHEREAS, the following standards apply through the conditional use permi~r for Mound Marketplace PARCEL SIZE 6.7 ac PROPOSED SQ. FT. OF 67,000 COMMERCIAL Minimum Lot Size NA Minimum Lot Width MA Front Yard Setbacks- ~. Building fronting on Lynwood Per development plan Building fronting on Commerce Side Yard Setbacks- Building fronting on Lynwood Per development plan West building Rear Yard Setbacks Per development plan .. LAND USE PLAN Destination District SUBDIVISION STKEET DESIGN Streets~rives All private access PARKING ... 337 spaces provided Code requires 446 spaces 9 ½ feet by 18 feet stall Code requires 10 feet dimension by 20 feet HARDCOVk2R 92 percent WHEREAS, the landscape plan for the commercial portion of the development provides a total of 95 planting units which exceeds the 67 planting unit minimum. Plantings consist of shade, ornamental, and coniferous varieties. Screening and buffering of the parking and dock areas, are provided to minimize impacts on the adjacent single family neighborhood; and, WI-IEKEAS, a total of 313 parking spaces are shown plUs 24 sPaces adjacent to the Pond Arena which is a ratio of 1 space for eVery 197 square feet of commercial floor area. City Code requires 1 space for every 150 square feet of commercial floor area or 446 Spaces requiring a yariance of 109 spaces; and, . . WI-tt;REAS, the City and County are currently reviewing plans for the relocation and upgrade of County Road 15 and the intersection of County Road 110. The results of the study are not Yet complete, but will take into.consideration the access locations proposed by the development plan. In reviewing the development, the City has considered traffic, circulation and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addres.sing those considerations; and, Resolution #01-13 Page 3 of 8 -9333- WHEKEAS, thc Planning Commission and City Council have studied the practicability of the residential and commercial planned developments, variances, taking into consideration the requirements of the City, giving particular attention to the arrangement and location of the street, their relation to topography, water supply, sewage 'disposal, drainage, building arrangements, the present and future development of adjoining lands and the requirements of the Zoning Ordinance and Comprehensiye Plan and other official controls; and, WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated subject to the conditions .imposed herein, and the proposed subdivision asqm r~di-'-t-ior~edqs-e or~si-~eat-wi~-the-C-ompr~hensive-P-lan-a~d-the-existing-tand-us edn-thentr eaT, and, WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. WHEREAS', at the Planning Commission has recommended City Council approval of the conditional use pen'nit for the info.rmation as contained in the dev.elopment plans; and, NOW THEREFORE, BE IT RESOLVED by the City council of the City of Mound, Minnesota:' Approves a ConditiOnal Use Penuit for the "The Village by Cook's Bay" and "Mound Marketplace" with the following conditions: Relocate Parking spaces' along the rear of the grocery store to areas close to the clubhouse. A pedestrian easement between building facades along Lynwood and commerce right-of-ways be provided. · Easements for recreation and maintenance, of the multi-use trail system. Indicate how private streets will be lighted. Developer work with the City in developing a streetscape along Commerce and' Lynwood to address landscaping, fagade, and other improvements complementary to the development of the Mound Visions Plan. All streets within the proposed development shall be private streets serving the residential area shall be 24 feet wide, measured from back of curb to back of curbl Concrete curb and gutter shall be installed on all streets, drives and parking areas in both the commercial and residential areas. 7. Applicant provide fireflow analysis prior to the completion of the final utility plans. Resolution #01-15 Page 4 of 8 -9334- · The final plat shall include utility easements for the new sanitary sewer and watermalns which wilt be public utilities. The final plat must also include utility easements for the existing public utilities which will remain in place. Approval of right-of-way and access drives by Hennepin County and consistent with final plat approval. 10. Approval by the Mirmehaha Creek'Waiershed District. The-.exisfi~g?ower-be~remoYed-m-rek)c ated-trra-l-o-cat~n-on-~e~w~~h prevmus variance approvals and current zoning code provisions prior to granting of final .plat. 1¸2. Prior to the City releasing the final plat, the Developer shall sign. a development contract with the City. The development contract shall stipulate that construction of all public improvements covered by' said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City AttorneY'in the amount of 1'25% of estimated construction costs as per plans approved by the City Engineer. The Developer shall secure and provide copies, to the City's Building Official of all reviews and required permits from the Minnesota Department of Healfl~ and the Minnesota Pollution Control Agency, or any other applicable permits, prior to beginning construction: The Building Official will not authorize construction until permits are secured. 14. 15. The City Attorney shall examine title to the property and Shall render a title' opinion to the city showing the ownership status of the property prior to filing. The applicant shall provide the City A~omey a current abstract or register of property abstract for Langdon Bay... Prior to any occupancy the applicant shall secure Certificates of OccuPancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and' access servicing the homes are approved by the City Engineer, Publ/c Works Supe. rintendent, and Building Official. 16. Developer Will reimburse the City for legal, engineering and Planning costs incurred for review and approval of these plans. B. Approves variances as follows: 1. A variance is approved to allow the commercial parking spaces to meet I space per 200 square feet ratio plus a redUction of 23 spaces. Resolution #01-13 Page 5 of 8 -9335- , A variance is approved to allow the commercial parking spaces to be d~signed at 9 ½ feet width and a 60 feet 6 inch isle separation. 3. A hardcover variance of 62% is approved for "Mound Marketplace." C. The City Council adopts the following findings in support of the approved variances: The property has long served the parking needs of surrounding uses and will likely continue to do so. 2. The parking space ratio and size are consistent with current retail industry design and other metropolitan community code requirements. The smaller parking space'size reduces the amount of hardcover that would be incurred by the typical zoning requirements. The residential and commercial,portions of the project will utilize a central pond for stormwater management. The total hardcover for the project is 64%, which is below typical hardcover thresholds of 75% in the downtown. C. The resolution is adopted for the property legally described as: Lots 1, 2, 3, 4, 5, 6, 7, g, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Lynwold Park, Lake Minnetonka, together with vacated Kidgewood Avenue and vacated alley originally delineated and dedicated in said plat of Lynwold Park, Lake Minnetonka. Lot 18, Lynwold Park, Lake Minnetonka, except the North 30 feet thereof. Lots 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, I00, I01,104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114 and 115, Mound. Those parts of Lots 102 and 103, "Mound", which lie Easterly of the East line of the West 200.00 feet of the Northeast 'J of the Southeast.¼ of Section 14, Township 117 North, Range 24 West of the 5th Principal Meridlan, Hennepin County, Minnesota. That part of Meadow Lane, as delineated and dedicated on the plat of"Mound", and now vacated, which lies Easterly of the West 200.00 feet of the Northeast ¼ of the Southeast ¼ of Section 15, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota, and Westerly of the Southerly extension of the West line of Dewey' Avenue, now known as Bellaire Lane, as delineated and dedicated in said plat of"Mound". The South ½ of the northeast ¼ of the Southeast ¼ of Section 14, Township 117 North, Range 24 West of the 5t Principal Meridian, Hennepin County, Minnesota, except the West 200.00 feet thereof, also except that part within the plat of"Mound", and except that part described as follows: Resolution #01-13 Page 6 of 8 -9336- Commencing at the Northeast comer of said South ~ of the Northeast ¼ of the Southeast ¼; thence Southerly along the East line of said Southeast ¼, a distance of 225.00 feet; Westerly parallel with the North line of said South ~ of the Northeast ¼ of the Southeast ¼, to the intersection with the southerly extension of the West line of Dewey Avenue,' now known as Bellaire Lane, as delineated and dedicated in the plat of "Mound"; thence Northerly along said Southerly extension to the North line of said South ½ of the Northeast ¼ of the Southeast' ¼, thence Easterly along said North line. to the point of beginning. And except that part of said South ½ of the Northeast ~A of the Southeast ¼, described as follows: Beginning at a point on the East line of said Northeast ¼ of the Southeast ¼, distant 225.00 feet Southerly from the Northeast comer of said South ½ of the Northeast ¼' ..................... ' .......................... of-the-So utheast -V, ;-thane e -W-e s~e r-l-yrp ar-a.l-lel-w, ith-the-Norc, h4i~e-o.f-said-Sou.th_~o f_the_ Northeast ¼ of the Southeast ¼, a distance of 398.63 feet; thence Southerly, 'deflecting to the left 90 de~ees 00 minutes 00 seconds, a distance.of 158.39 feet; thence Easterly, deflecting to the left 89 degrees 57 minutes 22 seconds, to said East line of the Northeast ¼ of the Southeast ¼; thence Northerly along said East line to the'point of beginni,ng. Legal Description: Lots 19. and' 20 Lynwold Park Lake Minneto~ka The foregoing resolution was moved by Councilmember Hanus and seconded by Councilmember.Brown. The following Councilmembers voted in the affirmative: Hanus, Brown, Meisel The following Councilmembers voted in the negative: Anderson, Meyer Adopted January 23, 2001 Pat Me.isel, Mayor ity Clerk Resolution #01-13 Page 7 of 8 -9337- CERTIFICATE City of Mound STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) t, the undersigned, being the duly qualified and the Clerk of the City of Mound, Minnesota, hereby attest arrd-certify-zhat: As such officer, I have the legal custody of the original record from which the attached and forgoing extract was transcribed. I have carefully compared said extract with said original record. I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City' heid of the date indicted in Said exWact, including any resolution adopted at such meeting, insofar as they relate to: RESOLUTION #00-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING APPROVAL FOR REZONING OF A GROUPING OF PROPERTIES CONSISTING OF ROUGHLY NINETEEN ACRES INCLUDING THE "OLD SCHOOL SITE" AT 5600 LYNWOOD BOULEVARD AND THE ASSOCIATED ATHLETIC FIELDS P&Z CASE #00-66 Said meeting~was duly held, pursuant to call and nOtice. thereof as required by law On December 27, 2000. WITNESS my hand officially as such Clerk, and the seal of s'aid City, this 25'h day Of. January, 2001. Resolution ~00-12 4 Page 3 of 3 -9338- CITY OF MOUND RESOLUTION #00-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING APPROVAL FOR REZONING .OF A GROUPING OF PROPERTIES CONSISTING OF ROUGHLY NINETEEN ACRES INCLUDING THE ".OLD SCHOOL SITE" AT 5600 LYNWOOD BOULEVARD AND THE ASSOCIATED ATIffLETIC FIELDS' P&Z CASE #00-66 -- WHEREAS, MetroPlains Development has made development applications for the. subject property for projects called "The Villages by Cooks Bay" and "Mound Marketplace'"; and 'WHEREAS, the development proposal suggests developing the site as multiple family residential and commercial as well as.land dedicated for open space; and WI-IEREAS, the physical characteristics of the site and its surroundings are suitable for the type and density of development suggested by the proposed zoning modifications; and ' WHEREAS, on' April 11, 20.00 the City Council approved a comprehensive plan for the community and sent it to the Metropolitan Council for review .pursuant to Minnesota Statutes, section 473.175; and ' - - WHEREAS, on December 18, 2000 the Metropolitan CoUncil approved a minOr amendment to the Comprehensive Plan for the subject property and authorized the City to put the minor Comprehensive Plan amendment in place mediately and without further review or comment by the Metropolitan Council; and WHEREAS, the Planning Commission held a public hearing and reviewed the proposed. zoning modifications and. recommended City Council approval; and . WHEREAs, Minnesota Statutes, sections 473.864 and 473.865 require that the' City's official controls, including zoning, be consistent with the adopted comprehensive plan and that official controls be amended so as to avoid any conflict with an. adopted Comprehensive Plan; and WHEREAS, the proposed zoning amendments are consistent with the Mound Comprehensive Plan; and WHEREAS, the proposed zoning amendments are compatible with land uses surrounding the subject property; and WI-IEREAS, said zoning amendments are in all respects consistent with the City plan and the regulations and requirements of the laws of the State o/;"Minnesota and the City Code of Ordinances oft he City of Mound. Resolution #00-124 ]'age 1 of 3 -9339- NOW THEREFOR_E, BE IT RESOLVED by the City Council of the City of' Mound that: 1. Zoning amendments for the subject property are hereby approved as: Destination District PUD for Lot 1 (except that area of Lot 1 currently known as Lots 18, 19, & 20, Lynwold Park, Lake Minnetonka) and Outlot A, Block 1 as described in the Preliminary Plat, Mound Visions First Addition dated November 2, 2000. b. R-3 Residential PDA. forLo_t2_ancL.E~utlo, ts._B.&.C,_Block.1., asl~descvibed.2m ........ .' the Prelim/nary Plat, Mound Visions First Addition dated November 2, 2000. approval. The City Planner is directed to update the zoning map in accordance with this The foregoing resolution was moved by CoUncilmember Brown and seconded by Councilmember Hanus. The following Councilmembers voted in the affirmative: Brown, Weycker, Meisel, Hanus Ahrens The following Councilmembers voted in the negative: none Adopted December 27, 2000. Att~t: City Clerk ' Pat Meisel, Mayor .ResOlution #00-124 Page 2 of 3 ' -9340- .. Exhibit C -9341 - QWEST WIRELESS,. EL.C. 426 North Fairview Avenue, Room 10'1 St. Paul, MN 55104 I I ,',AY 8 2_001 [~¥: .......... . ........ : May 21,2001 Zoning Administrator, City of Mound, Minnesota H°isington Koegler Group Inc. 123 North Third Street, Suite 100 Minneapolis, MN 55401-1659 Re: Qwest PCS Site MIN,203 located on property at 5600 Lynwood Boulevard, Mound, MN 55364 Dear Mr. Gordon., Qwest Wireless is proposing to relocate the PCS site on the above property. The existing monopole at the site will be reused. Valmont Industries, Inc. of Valley, Nebraska manufactured this monopole in the last quarter of 1998. I am enclosing a copy of a letter from Valmont to US West dated August 25, 1998 concerning failure modes for. monopoles. Your attention is called to the first two paragraphs on the second page of the letter. Mr. Krohn, the author of the letter, provides a very clear and concise explanation of the failure modes of monopoles. Valmont in it's fifteen years of manufacturing has never had an in service failure of a monopole, Qwest, nor its' predecessor company, has ever had a failure of a monopole. If you have any questions I can be contacted on my direct wireless line, 612-272-0089. 'Sincerely, Dale R. Thorne, P.E. Structural Engineer MN license no. 17205 Encl. VMI letter Xc.; file D. JohnstOn, Qwest P. Conlin, Qwest . .LaV. Hanson, Metroplains Properties -9342- 998-- 2: PJ~PH- CO~ TWR P. lx3 '98 0i: 16PM Vaimont Industries, Inc. · Wast Highway 275 · P.O. Box 358. · VaJiey, Nebraska 68064-0358 U.S.A. · (4~32) 359-3201 August 25, 1998 US West Wireless, LLC · 426 North Fairview Avenue Suite 101 Attention: Mr. Adrian Scho~roff . subject: Failure Modes for Poles and a Description of the Design Criteria , US West Wireless Site: SCL005 Valmont Order No. 1.7453.-98 Dear Mr. Schot~roff: I have been ~.~ked to write to you ab°ut th~ mode of failure for pole type structm'es used to' s~pport wireless phone antennas and e~luipment, md give some informatio~ to allow you to judge how remote'the chances of failure occurring would be. I ~i~ink it would be appropriate to start off by a brief description of the design criteria, that is typically used. The po!:~s.¥almont supplies are designed in a~cordanc~ with EI.AJT.I.A. 222 Revls~on F entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting StructureS." This is un approved A.N.S.L standard that has dealt with the'design of lattice type structures for a number'of years. Kevisi°n E is the first version that goes into eXtensive detail about the design of pole type structures, The provisions of the' sfimdard have, as their foundation, provisions of other nationally known specifications and standards that have a long history of reliability, This histOry should be of interest to you considering the hundreds of thousands (if not millions) of sites throUghOut the United-States which have structures designed with concepts spelled qut in publications like '~fhe Design of Steel Transmission Pole Structures" ' (published by A.S.C.E.), and "Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Si~nais" (published by A.A.S.H.T.O.). Many of.the concepts used to design poles in these two publie~.'ons are included in the EI.A2T.I.A. 222 Revision F Standard. The E.LAJT.LA. 222 Revision F requirements dictat~ a basic design wind speed. The wind speed lo be used depends on the location of the site with/n the state. Vaknont's policy is to use the wbad loading in E.I.AJT.LA~ 2~7.2 as a m;n~mum loading. Statistically, the wind speed listed in E.I.A. JT.LA. 22.~ has been determined to be that wind which has an average reoccurrence of SO'years. This wind is also a "Tastest mile" wind which means that'it is the average velocity of a mile Wind passing a point. For example, a 70 mph average fastest mile wind would take ~ ! seconds to pass a point. This.st~d~ '~stest mile" wind is customized with factors that apply to the particular installation, There is a 1.69 gust response factor imposed to account for sudden -9343- COHN TNR 41~ :~$9 ~6 COMM ~ ~0. ?~ P. 8/3 ~ ~5 '98 01.~!6PM Valmont Industries, Inc. ,West Highway 275 · P.O. Box 358. Vatley, Nebraska 68064-0358 U.S.A. · (402) 359-2201 ~ ~pos~e coe~cient m acco~t (to some de~e~) ~ ~ ~e lo~s ~enerated by this w~d md'~e wei~t of~e m~b~ (~on~ ~ any ice ~i~red) ed ~ s~ mem~ of ~e ~le. Them is ~t le~ s ~% fair of s~eW req~ed ~der . ~gomon~ md ~o orienta~On. ~e ~ must ~ ~ o~ espies for ms~, d~afion, be at ~e wo~ orientation ~d overcome ~o f~tor of sffeW. ~ us ~s~e ~at a polo b~omes overloaded. ~e WPic~ oo~equonce of~ overlong is "local f~l~g pole, ~r the bu~de, ~e'ctoss section of ~e pole is c~sble of ~g,tho ondr~ ve~ic~ (wei~t) lo~ ~d a subs~nd~ ~o~on of~e lo~ ~t ca--cd ~e buc~g, lflcely, however, to be Out of pl~b. ~s may ~ somow~t ~flc md the budded sec~on should be repls~d. ~em ~e 3 mocha-S.ms which prevent ~ polo ~om ~ ~e ~t'~e f~e., F~ ~ ~e pole d~ ~is ~o~on m~y relieve ~e Io~ ~om ~e pole eider by.ofion~g ~o pole more f~vombly ~ &o ~d or, Eb~Hng ~ oc~, bY r~ ~e merest ~ of~e w~d fo~e. ~e second moc~ ~volves · ~s~b~on of~e ~ss ~ the pole s~ buck~g to~ ~e mm~g p~on or ~ ~oss s~on'~ ~ ~used ~p~iW. ~ ~d phenomenon md more impo~ is ~e ~e of~e rome berg ~plied. We expect ~e ~d to produce ~s for~, A ~d ~ wo~d ;~ s bu;~e wo~d be l~ger ~ ~e b~ic ~nd ~ee~ · e ~ timer, md ~o f~tor of s~ comb~ed, A ~ would soon ~sip~e pe~ ~d ~ gone, ~o ~oss ~ ~o polo would bo r~u~& Polos ~e tie.bio, for~v~g ~c~es wMch ~ not gen~y s~ble m d~ge by ~psot lo~ s~h ~ [ ~d ~st or o~qu~e s~c~.' It ~es some ~e for &e en~m s~ to ,'s~" &0 ~pam [osd~g. Even ~e of~e lo~ing ~t preVen~ s pole ~om "~g ow~, Pole desi~ md ~g have pro~d~ ~ pubic ~ s w~ re.lo Pr~ Poles ~ve du~E the ea~qu~ ~ C~ffom~ ~e hu~ in ~e South~ ~8 s number of to~sdoes. To my ~ewled~e~ W~moat h~ never ~Oenid aa ~ communi~afi~n p°le due to w~er indu~ ovefleadtag~ even rheum, ~ in the ~ of ~u~c~e Hugo ~d Hu~c And~, ~e ~nd spe~ may have ex~eded the desi~ ~d speed. -9344- AU~.2S. 1B98~ 8:27PM COMM ¢OMM TWR HO. ?~0 P. AUG ~$ '98 ~OI:i~PH Vermont Industries, Inc. · West Htgt~Way 275 · P.O. Box 858, Valley, Nabrask,, 68064-0358 U.S.A. · (402) 3~9-2201 . Valmont InduslXi~ has be~n designing various types of pole strUctures (i.e., high mast ligl:ttu~.g poles, oomm,-"~cation poles, electrical (utility) transmis, ion poles, stre~ and parking lot pOles, and traffic signal pot~s) for man:f years.. As. in the case of dommunicstions monoPolcs, VRhnont has been actively engaged in the designing and manufacturing of thcs~ poles for fifteen years. Thc structural integrity of the monopoles is o ,cqasionally que~oned by zoning and pl---i-S board commissiOnS when this concern'is not justified by ~ngineering or ~xporie~ce. If abuilding of the same height as a'monopole wcr~ to be constructed on the same plot of land, no one would question what it would hit if i~ were to fall down to the ground, even though the building and the monopole would be designed in accordanc~ with th~ same building code requirements to safely w/thstand the same wind loaclings. I hol~ this has helped. Please feel free to call with any comments you may have. I can b~ reached at 1.800-345,6825 extension ~727 and will be glad to discuss any concerns you may ]~l.V¢. I h~reby certify that this plan, ~peCification~ or rep. om was prepay-ed by nm or under my dir~t suPc~v~ion and that[ am a duly Lic,~ed ProfessionaH~ngineer under th~ laws of ttm state of l~fmneso~ .. -9345- Exhibit D -9346- ~ '~ zoo aNrto~ ~o._._9347- ~,c:~'~ oo/~,,o-~ II] 13 10'1113. I! · m,'o~..'. ' ' O't t '"* 'ON AINn ::1 ill The Village at Cook's Bay IMound, Minnesota Dewlopers: Metroplains Development Inc. PBK Investments BOARD MEMBERS Bert Foster Chair, Deephaven Craig Nelson Vice Chair, Spring Park Lift McMillan Secretary, Orono Tom Skramstad Treasurer, Shorewood Andrea Anrens Mound Bob Ambrose Wayzata Douglas E. Babcock Tonka Bay Craig Eggers Victoria Tom Gilman Excelsior Paul Knudsen Minnetrista Tom Seuntjens Minnetonka Beach Herb J. Suerth Woodland Katy Van Hercke Minnetonka ;heldon Wert Greenwood LAKE MINNETONKA CONSERVATION DISTRICT 18338 MINNETONKA BLVD. · DEEPHAVEN, MINNESOTA 55391 · TELEPHONE 952/745-0789 · FAX 952/,745-9085 Gregory S. Nybeck, EXECUTIVE DIRECTOR September 27, 2001 Ms. Kandis Hanson City of Mound 5341 Maywood Road Mound, MN 55364 Dear Kandis: Per our recent telephone conversation, I informed you that the Lake Minnetonka Conservation District (LMCD) took action at its September 12, 2001 Regular Board Meeting on whether the legal expenses incurred bythe LMCD in the administration and processing of the six Vadance applications and New Multiple Dock License, with Minor Change, application in the Woodland Point Development should be billed back to the City of Mound. At this meeting, the LMCD Board voted to bill back all legal expenses incurred by the LMCD in the administration and processing of these applications ($10,899.67), deducting the six $250 deposits received for the variance appliCations. I have enclosed a detailed invoice, with attachments, that provides you further details of the LMCD Board of Directors decision. Feel free to call me if you have any questions or concern regarding this matter! Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Gregory ~. Nybecl~ Executive Director Encl: Woodland Point Legal Expenses Invoice CC: Andrea Ahrens- LMCD Board (Mound) 50% Recycled Content 20% Post Consumer Waste Web Page Address: http://www.lmcd.org E-mail Address: Imcd @ Imcd.org -9351 - LAKE MINNETONKA CONSERVATION DISTRIC'r 18338 Minnetonka Blvd. Deephaven, MN 55391 (952) 745-0789 September 27, 2001 Woodland Point Legal Expenses Invoice ,City of Mound Amount Legal expenses incurred in the administration and processing of six Variance applications and a New Multiple Dock License, with Minor Change, application at six street ends within Woodland Point Development (See attached letter, dated 8/15/01, for further details) $10,899.67 Less six (6) $250.00 Variance application deposit fees $1,500.00 TOTAL DUE: $9,399.67 I CERTIFY THAT THIS IS A TRUE AND CORRECT BILL FOR SERVICES RENDERED, AND THAT NO PART OF THIS BILL HAS BEEN PAID. Dated: September 27, 2001 'g(~ ~. Nybe~k, EJ<ec. Dir. -9352- I ( ~ mark an unusual situation in which voters have the option of supporting the levy while still seeing a net decrease in the school district portion of theirproperty taxes. Why is another referendum necessary? Simply put, expenses are outpacing income. Budget projections based on current educational offerings show that the district will be short $800,000 per year for the next ten years. Therefore, more operating funds are needed: · to keep quality teachers; · to restore small class sizes (budget cuts in 2001-2002 increased class sizes in grades K-4); · to keep current class sizes in grades 5-12; · to avoid another round of budget cuts even deeper than the first round ($300,000 was cut in 2001-2002, but state funding came in much lower than expected, so an additional $500,000 must be cut for 2002-2003 if the levy is not approved); · to allow the district to create a financial plan that is less vulnerable to last-minute decisions made at the Legislature. Didn't voters just approve a tax increase? Voters did support a bond referendum last spring, to pay for routine maintenance and technology. Bond money, however, cannot be used for operating expenses. Think of it this way: Bond r Building; Levy for Learning. The request on the ballot this ovember is a Levy to be used for Learning. Didn't the state give schools more money? In June, legislators adjourned, saying they had increased school funding by 2.6% for 2001-2002 and 4% for 2002-2003. But there is a problem with those numbers. They reflect a statewide average, but have no connection whatsoever to the actual amount coming to our local schools here in Westonka. In September 2001, the school district received official financial reports from the state education staff, showing that Westonka's actual funding increase is 0.3% or 3/10 of one percent for 2001- 2002, and 1.5% for 2002-2003. This leaves us with a huge deficit. Why is a local levy the answer? State legislators have made it clear that school districts must continue to rely on local support to keep schools operating. The Westonka School Board wants to plan for a stable financial future, one that is less vulnerable to the legislature's perennial last- minute dealings that tend to occur right before school district budgets are required, by law, to be submitted to the state. This levy request is a reasonable step toward financial stability. It allows for the adjustment of local levies according to changes in state funding, so that voters aren't constantly facing elections on O;Msame every year.levies are place in nearly 90% issue Local in innesota school districts. What are voters being asked to approve? The question on the ballot will ask voters to approve up to $570 in additional funding per student each year for ten years. How much will it cost me? Because of property tax changes, voters will find themselves in the unusual situation of seeing reductions in the school district portion of their taxes even with community support of the vote. For example, the school district portion of the taxes on a home valued at $150,000 is expected to decrease by $122 in 2002. Even with passage of the proposed levy, the school district portion of taxes on the same home will still decrease by $48 that year. With proposed levy, Change Taxable Taxes paid est. taxes (decrease) Market Value itl 2001 r)avable in 2002 2001-2002 $100,000 $171 $139 ($32) 125,000 213 174 14480I 150,000 256 208 175,000 299 243 IgI 200,000 341 278 250,000 427 347 (79) 500,000 853 695 (158) * Figures in the table are based on school distdct ~)ortion only of property taxes. In addition, if housing starts in the school district continue current patterns of growth (9% per year, not including developments already underway), the total tax burden will be spread among more homes, making the bottom-line impact on an individual taxpayer less and less over time. School District Taxes for a $150,000 Property, with Proposed Levy ,~50 ;200 ;150 ;100 Financial information provided by the independent financial consulting firm Ehlers and Associates. A professional survey done last fall found that 86% of Westonka residents agreed that "high quality public schools increase property values for home owners in their district." Through this levy request, the Westonka School Board is asking taxpayers to keep the high quality in the Westonka Schools. Our students' test scores keep rising, our staff win regional and statewide recognition for excellence in their professions, and parent and community volunteers demonstrate every day that the schools are a good investment of their time. Questions? Cell the Levy Hot#ne et 952.491.8443, or e-mail welisten @westonka. k12.mn, us 9~5~o~ -9353- Page 1 of 4 KandisHanson From: "Barbara Olson" Sent: Friday, September 21, 2001 12:02 PM Subject: westonka.news westonka.news Vol. 2, No. 3 September 21, 2001 The Westonka Public Schools' channel for direct electronic communication to interested parents, staff, and community members, providing up-to-date information about education in District 277. westonka.news publishes weekly. Look for it in your mailbox on Fridays. Westonka Public Schools, 2450 Wilshire Boulevard, Suite A, Mound MN 55364; http://www.westonka.k12.mn.us; tel: 952.491.8006; fax: 952.491.8043; e-mail: welisten@westonka .k12. mn. us. Contents 1. News Briefs --Bridge to Enchanted Island Update -Gallup Poll: Approval of Public Schools at Highest Level Ever 2. Focus Topic: Supporting One Another After WTC Tragedy 3. Upcoming Events 4. We Want to Hear from You NEWS BRIEFS **Bridget to Enchanted Island Update** Residents of Enchanted and Shady Islands continue to experience the inconvenience of weight restrictions on the bridge from Minnetrista to Enchanted Island. Since school district vehicles (including vans) are too heavy to go over the bridge, the boat landing on the Minnetrista side of the bridge is serving as a temporary drop-off and pick-up location for school bus transportation. (The weight limit on vehicles is 2 tons. To put this in perspective, a sub- compact Geo Prizm with two people in it weighs 1 ton.) Parents who would prefer to drop off and pick up their children at Douglas Beach Park *instead of* the boat landing may arrange to do so by calling Lisa at the district transportation office, 952.491.8283. - 9354- 09/21/2001 Page 2 of' 4 The Minnestrista City Council met this morning to hear the city engineer present options for a temporary solution. If the temporary solution offers the possibility of taking heavier vehicles (such as minivans) over the bridge, district staff will look at the availability of vehicles and drivers to see what other arrangements might be made. **Gallup Poll: Approval of Public Schools at Highest Level Ever** The 2001 Phi Delta Kappa/Gallup Poll of the Public's Attitudes Toward the Public Schools, released in late August, showed public approval at its highest point ever in the 33-year history of the poll. Tidbits from the poll: --A majority of respondents assign either an A or a B to the schools in their communities. --The public continues to be relatively uninformed about charter schools. --While not earning majority approval, home schooling continues to gain public support. --Lack of school funding and lack of discipline, both mentioned by 15% of respondents, were identified as the biggest problems facing schools in local communities. --68% of respondents said that the amount of money spent has a significant correlation to the quality of education that students receive. --Public opinion about the emphasis on standardized tests was split. 31% said there is too much emphasis, 22% said there is not enough emphasis, and 44% said that the emphasis is just about right. --To deal with anticipated teacher shortages in the coming years, respondents supported raising teacher salaries, and making it easier for teachers to transfer pension benefits and to receive salary credit when moving from state to state. Options related to reducing requirements for teachers were soundly rejected. Complete results can be found at http://www.pdkintl.org. FOCUS TOPIC **Supporting One Another After WTC Tragedy** Westonka students and staff continue to support one another, while looking for ways to help those immediately affected by the terrorist attacks of September 11. Here's a sampling of some of things students and staff have done in the Westonka Public Schools to help all of us cope, and to support those who need immediate assistance. 1. Tip sheets for parents on ways to talk with children about the tragedy were distributed by e- mail, on the district web site, and in a flyer sent home with children. 2. Professional staff (social workers, psychologists, guidance counselors) continue to be available to children and employees who need additional help in coping with the tragedy. 3. Minute of silence observed at all schools in recognition of National Day of Prayer and Remembrance. -9355- 09/21/2001 Page 3 of 4 4. Messages of support and condolence on outdoor signs by school buildings. 5. Grandview Middle School will plant a tree in memory of the victims (ceremony scheduled for Friday, September 28, at 1:35 p.m.). Grandview is also encouraging students to participate in the annual Peace Poster Contest sponsored by the Northwest Tonka Lions Club. Grandview's annual "Principal for a Day" charity fundraiser (scheduled for later in the year) will benefit the American Red Cross. 6. ,At Hilltop Primary School, students and staff gathered around the flagpole while Interim Principal Joe Wacker explained the symbolism of the flag. They then sang the national anthem, said the pledge of allegiance, and held hands while singing "Shalom." Hilltop third- graders are also spearheading fundraising via the "Nickels for New York" drive, to support the families of the New York flreflghters and police officers who lost their lives. 7. Mound Westonka High School students participated in recognition/memorial activities at extracurricular events. Additional activities and gestures of support are likely to take place throughout the rest of the school year. UPCOMING EVENTS **Editor's note: These listings reflect the large number of parent/community involvement opportunities in which parent/community input is both invited and needed. If you would like more information about serving on a district advisory committee, please contact Barbara Olson at olsonb@westonka.kl 2.mn.us --September --September --September --September --September --September 24, Joint Parent Advisory, 3:30 p.m., Early Childhood Center 24, School Board Study Session, 7:30 p.m., Shirley Hills Primary School 25, Hilltop Student Photo Day 25, Grandview Parent ,Advisory, 3 p.m., Grandview Middle School 25, Special Education Advisory Council, 6 p.m., Hilltop Primary School 25, Early Childhood ,Advisory Council, 6:30 p.m., Early Childhood Center --September 28, Grandview Middle School Memorial Tree Planting, 1:35 p.m., Grandview Middle School WE WANT TO HEAR FROM YOU! We would like to hear your feedback on any of the topics above, or any other school-related issue. Use whichever way works best for you: send an e-mail message to <welisten@westonka.k12.mn.us>; call the District Feedback Line at 952.491.8260; or mail your comments to Barbara Olson, Community Relations Coordinator, Westonka Public Schools, 2450 VVilshire Blvd., Suite ,A, Mound MN 55364 -9356- 09/21/2001 Page 4 of 4 To unsubscribe from this list, please send a message to Barbara Olson at <olson b@weston ka. kl 2. mn. us> It is the mission of the Westonka Public School District, in partnership with students, parents, and the community, to create the environment necessary to achieve quality education for lifelong learning. Westonka Public Schools 2450 Wilshire Boulevard, Suite A Mound MN 55364 tel: 952.491.8006; fax: 952.491.8043 welisten@westonka.k12.mn.us http://www.westonka, k 12. mn. us westonka.news is published by the Community Relations Department, Barbara Olson, editor. - 9357- 09/21/2001 Page 1 of 3 KandisHanson From: Sent: Subject: "Barbara Olson" <olsonb@westonka.k12.mn.us> Friday, September 28, 2001 2:44 PM westonka.news westonka.news Vol. 2, No. 4 September 28, 2001 The Westonka Public Schools' channel for direct electronic communication to interested parents, staff, and community members, providing up-to-date information about education in District 277. westonka.news publishes weekly. Look for it in your mailbox on Fridays. Westonka Public Schools, 2450 Wilshire Boulevard, Suite A, Mound MN 55364; http://www.westonka.k12.mn.us; tel: 952.491.8006; fax: 952.491.8043; e-mail: we listen@westonka.k12.mn.us. Contents 1. News Briefs --Annual Report Preview --How to Get Your Questions About the Referendum Answered --Annual Audit Visit 2. Focus Topic: Budget Planning for 2002-2003 3. Upcoming Events 4. We Want to Hear from You NEWS BRIEFS **Annual Report Preview** The annual report for the Westonka Public Schools will appear in the Laker newspaper October 13. Public distribution of this report, which focuses on accountability, achievement, and improvement plans, is required by law. Here are some highlights of what you'll see in this year's report: --There is steady, significant improvement in reading. From 1999-2001, the percentage of Westonka third-graders performing at the highest level in reading nearly quadrupled. From - 9358- 09/30/2001 Page 2 of 3 1999 to 2000, the percentage of third-graders in the lowest quartile of reading was reduced by half. From 2000 to 2001, that number was reduced by half yet again. --Fifth-graders' scores improved for the fourth year in a row in both reading and math. Scores improved in three out of four writing categories, going up by as much as 250 points in one category. --Westonka eighth-graders mirrored the state trend holding fairly steady in both reading and math scores on the Basic Standards Tests (up a little in reading, down a little in math). --Westonka tenth-graders surpassed state average pass rates for the third year in a row. --Grandview parents are highly satisfied with the communication between school and home. --Westonka Community Education & Services enjoys a 99% customer satisfaction rate. **How to Get Your Questions About the Levy Referendum Answered** All community members with questions about the upcoming operating levy referendum are invited to call the Levy Hotline (952.491.8443) or send an e-mail message to welisten@westonka.k12.mn.us. Answers to questions will also be submitted to the Laker newspaper. The operating levy referendum is slated for November 6. Additional operating funds are being requested to maintain educational programs at current levels. State funding increases of less than 1% for 2001-2002, and less than 2% for 2002-2003, are not enough to cover the cost of operating current programs. The district made $300,000 in budget cuts for 2001-2002, and will cut an additional $500,000 for 2002-2003 if the referendum is unsuccessful. **Annual Audit Visit** The Westonka Public Schools invites an independent auditing firm to review the district's financial records every year. An independent audit reflects sound financial management principles, complies with state law, and provides useful feedback for improvement. Auditors from the firm Kern DeWinter and Viere, Ltd. were in the district for four days this week and will submit their findings to the school board in late October or early November. FOCUS TOPIC **Budget Planning for 2002-2003'* Budget planning is underway for 2002-2003, with a major emphasis on identifying expenses which can be reduced in order to stay within available revenue. Each school site has developed a process to gather ideas from employees, parents, and community members about ways to meet the projected $500,000 shortfall, in the event that the operating levy referendum is unsuccessful. **All ideas for how the school district can reduce expenses are invited.** - 9359- 09/30/2001 Page 3 of 3 Please don't hesitate to send your suggestions to welisten@westonka.k12.mn.us, or call the district feedback line at 952.491.8260, and press option #3. UPCOMING EVENTS --October 2-3, Hilltop Primary Gr. 2-4 Vision and Hearing Screening --October 4-5, Pop Singers Hello Show, 7:30 p.m., Mound Westonka High School --October 5, Shirley Hills Student Photo Day --October 6, Octoberfest Fall Carnival, 11 a.m., Hilltop Primary School. Questions? Call 952.491.8500. WE WANT TO HEAR FROM YOU! We would like to hear your feedback on any of the topics above, or any other school-related issue. Use whichever way works best for you: send an e-mail message to <welisten@westonka. kl 2. mn. us>; call the District Feedback Line at 952.491.8260; or mail your comments to Barbara Olson, Community Relations Coordinator, Westonka Public Schools, 2450 Wilshire Blvd., Suite A, Mound MN 55364 To unsubscribe from this list, please send a message to Barbara Olson at <olson b@weston ka.k 12. mn. us> It is the mission of the Westonka Public School District, in partnership with students, parents, and the community, to create the environment necessary to achieve quality education for lifelong learning. Westonka Public Schools 2450 Wilshire Boulevard, Suite A Mound MN 55364 tel: 952.491.8006; fax: 952.491.8043 welisten@westonka.k12.mn.us http ://www.weston ka. k 12. m n. u s westonka.news is published by the Community Relations Department, Barbara Olson, editor. The information contained in this broadcast is given in good faith based on available information. The Westonka School District accepts no legal responsibility for its accuracy. -9360- 09/30/2001 The GiHespie Gazette VOl IX NO 10 October 2001 PRESIDENT'S MESSAGE September 22, 2001 Dear Members and Friends, It has been brought to our attention that we neglected to report about our historical Grand Opening and Dedication on July 24th, 2001. Many dignitaries were present and an outstanding group of citizens watched the ceremony. Over 400 people attend the ceremony and Open House. There were tours after tours after tours. Since that day we have gained over 150 new members. New projects have been started in many areas. Please let us know of your interest. There is a Program Committee that meets the second Wednesday of each month at 9:30 am. Come and join the committee and welcome to all. We just completed our Treasure Sale with many helping hands and made about $1,500. Many thanks to our professional pricers, Gayle Grady and Joan Heitz, Coordinator, Phyllis Orn and all of her helpers, to all of you who donated things for the sale and, of course, to all of you who bought and bought and bought. We ln't have done it without you. I just came across a poem about belonging and thought I would share it with you: DON% ~TUST BELON~ Are you an active member, The kind that would be missed?~ Or are you just content That your n~me is on the list7 bo you take an active part To help the group along? Or are you just satisfied to be The kind that 'just belong"?. $o, attend meetings regularly And help with hand and heart. Don't be just a member, But take an active part. Think this over, members. Am I right or wrong? Are you an active member, Or do you just belong? Hope to see you all at our next meeting on October 2na. Please come early for the Flag Dedication Ceremony to held at 12:45 pm before the Business Meeting. Marilyn Byrnes President -9361- Sep 27 2881 16~58~88 Y~a Fax AMM FAX -> Handis Hanson Page 882 Of 883 I artne iPS in p ding ervJces and solul:lon , September 24 - 28. 200] Mark Your Calendars! AMM's annual Policy Adoption Meeting will be held Thursday, November 1 at 5:00 p.m. AMM Fax 1Vews is faxed to all AMM city managers and administrators, leg- Islative contacts and Board membera Please share th is fax with your mayors, councilmembers and staff to keep them abreast of important metro city issues. 145 ~2niversltY Avenue ~Fest ~t. Paul, MN $5103.2044 Phone: (651) 215-4000 Fax: (651) 281-1299 · E-mall: a~rnml4 Council Reveals Outline and Timeline for Blueprint 2030 At its September 26 meeting, the Metropolitan Council received an update on the outline and timeline for the new Regional Blueprint, which has now been titled Blueprint 2030. Caren Dewar, the Council's director of community development, stressed that this Blueprint is about "integration, integration, integra- tion.'' There will not be a housing chapter, a transportation chapter, and a parks chapter, she said. Instead, it will be an "action agenda"fo- cused on integrating housing, land-use planning, transportation and regional service delivery. Furthermore, the Council intends to place new emphasis on reinvest- merit in the urban core and fully developed suburbs, rather than just focusing on growth around the edges. The discussion paper presented to Council members outlined an approach that moves away from the current"concentric-development expansion model" (i.e. the MUSA line) towards a "more comprehensive strategy that focuses on centers and corridors." This new approach has also been referred to as a "radial corridor" model. Council staff said they intended to prepare "policy-based forecasts" for the Blueprint, which will take into account things suCh as the findings of the Natural Resources Inventory (see related story below) and the im- pact that will have on the location of developable land. They intend to discuss their preliminary growth projections with metro-area cities dur- ing the first half of 2002. The initial timeline calls for a first draft of the Blueprint to be available in mid-June, followed by an official public hearing document in early Sep- tember. The Council intends to give final approval to the new Blueprint in December 2002. For additional information, including the Council's answers to several "frequently asked questions," visit the AMM website at www.amm145.org. -9362- page 1 of 2 AMM NEWS FAX, page 2 of 2 ,September 24 - 28, 2001 Natural Resources Inventory (NRI) Update For several months now, the Met- ropolitan Council has been work- ing on a regional Natural Re- sources Inventory (NRI) for incor- poration into the new Regional Blueprint. The project has three parts, including (1) the actual in- ventory of resources; (2) the devel- opment of related policies and cri- teria; and (3) implementation. The original timeline called for the project to be completed by De- (;ember of this year, but it now ap- pears that the discussion of poli- cies and criteria will extend be- yond December, due to delays in the inventory data. Met Council staff is currently work- ing with several partners, including the University of Minnesota and the Department of Natural Resources, to compile natural resources data from already existing sources. The Council's timeline does not allow for the collection of new, raw data. This work is being reviewed by seven work teams covering: (1) Rivers, Streams and Floodplains; (2) Lakes and Wetlands; (3) Aqui- fer Recharge; (4) Soils; (5) Aggre- gate Resources; (6) Archaeologi- cal Resources; and (7) Natural Ar- eas. Representatives of several metro-area cities have been asked to participate in these tech- nical teams, and AMM staff is part ~an NRI advisory group monitor- ~g the overall project. The Council has said that its goal is to use the results of this NRI to "inform the regional planning pro- cess'' and better "integrate the 'built environment' with the natural environment." Additionally, finan- cial resources have been prom- ised to help local units of govern- ment with high growth pressures to conduct NRIs on a local scale, once the regional NRI has been completed. AMM has brought several con- cerns about this effort to the atten- tion of Council members and staff. Among those concerns are the level at which the "big picture" de- cisions and value judgements are going to be made, the aggressive timeline the Council is on, and the lack of time and opportunities for direct city involvement. We plan to continue monitoring and participat- ing in the NRI process, and to push the Council to provide written documents, focussing on the con- tent of the inventory and draft poli- cies and criteria, for public discus- sion. At this point, many questions re- main unanswered and issues un- resolved. AMM will continue to provide updates, and may host an information session with Council staff later this fall; but it is impor- tant for AMM members to under- stand where the effort is at and to keep their eyes and ears open for additional information in the com- ing months. 178 School Districts To Seek Excess Operating Levies This Fall The Minnesota School Boards Association has released the re- sults of a recent survey, which found that 178 Minnesota school dis- tricts will be seeking voter approval this fall for excess operating levies totalling $213.4 million. The survey also identified 48 school districts holding capital bonding referendum. While the Minneapolis and ,St. Paul school districts will not be hold- ing referendums this year, numerous suburban districts will be go- lng to the voters. A complete list of districts holding referendums, including the amount and the duration of the proposed levies, is available online at www. mnmsba.org. -9363- LEN HARRELL Chief of Police MOUND POLIC 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 September, 2001 The of include There were 58 Part II abuse, f during the month Those offenses and 20 larcenies. Those offenses include 1 child 3 weapon, 8 5 domestics (none issued to J and 2 The were 30 other 18 adults and 6 adult injuries. There Mound assisted assistance on 3 -9364- MOUND POLICE DEPARTMENT MONTHLY REPORT - September, 2001 II. INVESTIGATIONS The Investigators worked on 1 child protection and 1 adult protection ease in September. Other cases included robbery, burglary, assault, theft, stolen vehicle, domestic assault, pornography, possession of a controlled substance, identity theft, indecent conduct, damage to property, fraud, violation of order for protection, NSF cheeks, forgery, death investigations, alcohol violations, fleeing police, harassing, and absenting. Formal complaints were issued for felony controlled substance and damage to property, gross misdemeanor damage to property, indecent exposure, minor consumption of alcohol, loud party, obstruction, burning violation, dog at large, theft, fleeing a police officer, worthless cheeks, and harassment. III. PERSONNEL/STAFFING The department used approximately 80 ours of overtime during the month of September. Officers used 54 hours of comp-time, 39 hours of sick time, and 57 hours of vacation and 11 holidays. Officers earned 16 hours of comp time. Brad Sehoenherr was hired in September to bring the deparmaent to its normal compliment. Michelle Alexander has begun working in the schools as a "School Resource Officer." IV. TRAINING The department provided in-service training in the form of a department shoot. Harrell and McKinley attended the Association of Minnesota Emergency Managers training. V. COMMUNITY SERVICE OFFICER CSO Salter handled 284 calls for service including 21 animal complaints, 4562 ordinance violations, and 214 miscellaneous calls. Four citations were issued. VI. RESERVES -9365- JIM RAMSTAD THIRD DISTRICT, MINNESOTA WAYS AND MEANS COM MI'l-FEE TRADE SUBCOMMITTEE HEALTH SUBCOMMITTEE September 20, 2001 Cangre55 of the i Initfl o[ tl, epre entatit ta ingtan, 20515-2303 WASHINGTON OFFICE: 103 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515 (202) 225-2871 DISTRICT OFFICE: 1 809 PLYMOUTH ROAD SOUTH, MINNETONKA, MN 55305 (952) 738--8200 mn03@maiLhouse.gov www. house, gov/ramstad My dear friends, I will never forget being ushered into the U.S. Capitol Police Headquarters that tragic Tuesday morning and hearing Senator and former Navy Secretary John Warner say, "I lived through Pearl Harbor, and this is worse!" I will never forget the next day, talking to my friends since high school - the Aamoth family of Wayzata - about their son, Gordy, Jr., who worked on the 104th floor of the World Trade Center. I will also never forget Thursday morning and the tears I shed as I stood on the west side of the Pentagon - 50 yards from that gruesome scene of unspeakable carnage and devastation. And I will never forget Friday morning at the National Cathedral - and the Rev. Billy Graham's reasSuring'message of God's love, national unity and the triumph of good over evil. No American will ever forget September 11, 2001. No American will ever forget the hellacious'... acts of war committed against the United States of America. And no American will ever forget the thousands of innocent victims who lost their lives at the hands of these heinous terrorists. My thoughts and prayers are especially with the families of Gordy Aamoth, Jr., who is still missing, and Tom Bumett, Jr., of Bloomington, a hero on United Airlines flight 93. The coming days, weeks and months will test all of us as Americans. We face a monumental and sustained struggle, for we are in a state of war against terrorists. As President Bush said, "A great people have been moved to defend a great nation." I know we will stay strong and united in supporting our President and Commander-in-Chief, as well as our National Security Council and the brave men and women of our armed forces. The people of America will prevail because we're Americans united as one Nation under God! May God bless you and your family, and may God bless America! Member of Congress This mailing was prepared, published and marled at taxpayer expense. PRINTED ON RECYCLED PAPER -9366- Vol. 147 WASHI!NGTON, WEDNESDAY, SEPTEMBER 12, 2001 Nos. 117-118 STATEMENT OF REP. J~l RANISTAD BEFORE THE U.S. HOUSE OF REPRESENTATIVES September 12, 2001 Mr. Speaker, my fellow Minnesotans join me in expressing our total outrage and deep sadness at the hellacious acts of war committed against the United States of America. My friends from home and I are also praying today for a miracle, as Gordon Aamoth, Jr., from our community of Wayzata, Minnesota, who worked in the World Trade Center, is still unaccounted for. Our thoughts and prayers are with all the victims and their loved ones. And our heartfelt gratitude goes out to the many American heroes who are still out there with the rescue and recovery operations. Let us be clear. This Congress stands united and unanimous in our resolve to use every resource available to track down these dastardly terrorists and destroy them. We also stand united in supporting our President and Commander-in-Chief in taking quick and decisive action against these cowardly, despicable terrorists. Mr. Speaker, the people of America will prevail because we are Americans. As the President said last night, "A great people have been moved to defend a great nation." Mark my words, the United States will recover and we will hold these heinous terrorists accountable for their brutal and barbaric acts of war. Mr. Speaker, today the healing begins. Through our tears, we pray for strength. Through our anger, we pray for resolve. Through our hurt, we pray for healing. And most of all, Mr. Speaker, we pray for our fellow Americans who were killed or injured yesterday, as well as their families and friends who grieve so deeply. Mere words are inadequate to express our sympathy, and sorrow. Thank you, Mr. Speaker, and may God Bless America. PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION -9367- CITY OF MOUND BUILDING ACTIVITY REPORT SEPTEMBER YEAR: 2001 THIS MONTH YEAR TO DATE NEW CONSTRUCTION # PERMITS # UNITS VALUATION # UNITS VALUATION SINGLE FAMILY DETACHED 2 2 475,000 10 2,090,225 SINGLE FAMILY ATTACHED TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL 2 2 475,000 10 2,090,225 NEW CONSTRUCTION # PERMITS VALUATION PERMITS VALUATION COMMERCIAL (RETAIL/RESTAURANT) 0 1 141,794 OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL 0 0 t t41,794 RESIDENTIAL ~DDITIONS TO PRINCIPAL BUILDING 2 75,700 24 970,983 DETACHED ACCESSORY BUILDINGS 1 13,248 12 183,204 DECKS 5 13,580 53 227,732 SWIMMING POOLS REMODEL - MISC. RESIDENTIAL 246 1,518,349 745 4,526,290 ~EMODEL - MULTIPLE DWELLINGS 7 49,457 7 49,457 ~UBTOTAL 26~ 0~ 1,670,334 ~1 5,957,666 ~ON-RESlDENTIAL ~OMMERCIAL (RETAI~ RESTAURANT) )FFICE / PROFESSIONAL 2 72,883 2~ 191,911 NDUSTRIAL =UBLIC / SCHOOLS 1 147,119 ~ETACHED ACCESSORY BUILDINGS ~EMOLITIONS II" PERMITS J I VALUATION I1" PE"M~TS I VALUATION ~ESlDENTIAL DWELLINGS 1 5 NON-RESIDENTIAL DWELLINGS 3 MOVE BUILDING - RESIDENTIAL 1 TOTAL DEMOLITIONS 1 0 9 ~ UNITS ~ PERMITS ~ UNITS VALUATION ~ PERMITS VALUATION TOTAL I THIS I YEAR - TO- PERMIT COUNT MONTH DATE * BUILDING 266 864 FENCES & RETAINING WALLS 5 23 SIGNS 2 9 PLUMBING 18 148 MECHANICAL 11 114 GRADING 1 4 S & W, STREET EXCAV., FIRE, ETC. 1 17 TOTAL I 304 I 1179 -9368- CITY OF MOUND BUILDING ACTIVITY REPORT MONTH: September YEAR: 2000 THIS MONTH YEAR TO DA'rE IRESIDENTIAL Ir#PERMITSll #UNITS II VALUATION II #UNITS II VALUATION NEW CONSTRUCTION SINGLE FAMILY DETACHED 1 265,000 5 697,166 SINGLE FAMILY ATTACHED 10 1,395,599 TWO FAMILY / DUPLEX 4 841,800 MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL t 01 265,000 19 2,934,565 NON-RESIDENTIAL COMMERCIAL (RETAIL/RESTAURANT) 2 750,000 OFFICE / PROFESSIONAL INDUSTRIAL 3UBLIC / SCHOOLS 'SUBTOTAL O. 2 750,000 iADDITIONS / ALTERATIONS VALUATION IADDITIONS TO PRINCIPAL BUILDING 3 146,000 40 1,186,702 DETACHED ACCESSORY BUILDINGS 2 31,180. 7 95,064 3ECKS 6 18,964 52 195,699 SWIMMING POOLS 1 3,000 REMODEL - MISC. RESIDENTIAL 28 210,258 255 2,040,747 REMODEL- MULTIPLE DWELLINGS I 45,725 SUBTOTAL 39 406,402 356 3,566,937 ADDITIONS / ALTERATIONS PERMITS VALUATION PERMITS VALUATION COMMERCIAL (RETAIL/RESTAURANT) 3 117,000 OFFICE / PROFESSIONAL NDUSTRIAL 2 16,130 PUBLIC / SCHOOLS 1 300,000 I 300,000 DETACHED ACCESSORY BUILDINGS SUBTOTAL I 300,000 6 433,130 DEMOLITIONS I1" PERMITS I J VALUATION ]~ PERMITS I VALUATIONI RESIDENTIAL DWELLINGS 7 2000 NON-RESIDENTIAL DWELLINGS MOVE BUILDING - RESIDENTIAL 1 TOTAL DEMOLITIONS 0 0 8! 2,000 # UNITS " //PERMITS # UNITS VALUATION # PERMITS VALUATION 19 41 01 971,402 39~ 7,686,632 TOTAL j J THIS JYEAR-TO- PERMIT COUNT MONTH DATE * BUILDING 41 391 .FENCES & RETAINING WALLS 5 34 SIGNS 4 15 PLUMBING 9 108 MECHANICAL 9 87 GRADING 1 3 iS & W, STREET EXCAV., FIRE, ETC. 7 42 !JTOTAL J 76 J 680 -9369- October 4, 2001 Kandis As per your request, I have compiled raw numbers of the cost to the City of Mound for the Polston Lawsuit. Please note: Numbers are only through Batch #1093 Various miscellaneous charges are not included. copies, etc. Certain consultants do not break-out projects. Staff time, I will continue to monitor theses numbers as the final invoices are processed. EHLERS AND ASSOCIATES HOISINGTON KOEGLER KENNEDY AND GRAVEN $ 2,035.87 $ 8,342.20 $16,479.45 $26,857.52 Updated 10-04-01 -9370-