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2002-05-14PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. cITY 0r MOUND MiSSibN STATEMENT: Th~ Cie 0f'M0undl ~0ugh ieamw°rk and c00Peration, rro~ides at a reaSOnable cost, quality services that respond tO the needs of all citizens, fostering a safe, attractive and flom'ishing community. AGENDA MOUND CITY COUNCIL TUESDAY~ MAY 14~ 2002 - 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. PAGE 1. OPEN MEETING - PLEDGE OF ALLEGIANCE APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA *A. APPROVE MINUTES' APRIL 23, 2002 REGULAR MEETING 2144-2150 *B. APPROVE PAYMENT OF CLAIMS 2151-2179 *C. APPROVE PARADE PERMIT 2180-2181 *D. APPROVE PAYMENT REQUEST NO. 1 FOR IMPROVEMENT 2182'-2187 PROJECT 2002 - MOUND VISIONS 2ND ADDITION *E. APPROVE PAYMENT REQUEST NO. 1 FOR WESTEDGE 2188-2190 BOULEVARD - WATERMAIN IMPROVEMENTS *F. APPROVE RESOLUTION REESTABLISHING PRECINCT 2191 BOUNDARIES AS REQUIRED BY MN STATUTES 204B. 14, SUBD 3(c) *G. APPROVE VARIANCE/PUBLIC LANDS PERMIT APPLICATION CASE #02-10:2136 BELMONT - ANDERSON 2192-2224 *H. *I. *j APPROVE LIABILITY INSURANCE RENEWAL, NOT WAIVING THE MONETARY LIMITS APPROVE CONVEYANCE OF A TRACT OF LAND TO THE HRA FOR RECONVEYANCE TO THE POST OFFICE PROJECT MOUND FIRE DEPARTMENT RELIEF ASSOCIATION - REQUEST TO CLOSE WILSHIRE BLVD BETWEEN MAYWOOD & LAKEWOOD ON JUNE 1, 2002 FOR 51 ST ANNUAL FISH FRY 2225-2230 2231-2232 2233 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. o o 11. 12. 13. 14. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. (LIMIT TO 3 MINUTES PER SPEAKER.) ACTION ON PROPOSED CHANGE TO ADMINISTRATIVE CODE AS IT RELATES TO THE FAMILY MEDICAL LEAVE ACT OF 1993 2234-2238 SKATE PARK A. ACTION ON SKATE PARK AGREEMENT B. ACTION ON PUBLIC LANDS PERMIT 2239-2247 2248-2262 METROPLAINS DEVELOPMENT A. ACTION ON RIGHT OF ENTRY AGREEMENT B. ACTION ON MODIFICATIONS TO THE SUBDIVISION AGREEMENT 2263-2265 2266-2267 WESTERN AREA FIRE TRAINING ACADEMY (WAFTA) A. ACTION ON RESOLUTION APPROVING GRANT APPLICATION B. ACTION ON RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE 2268-2289 LIQUOR STORE A. PRESENTATION OF INTERIOR FINISHES & FLOOR PLAN B. ACTION ON LIQUOR STORE AGREEMENT 2290-2292 2293-2301 FIRE/PUBLIC SAFETY FACILITY 2302-2310 A. ACTION ON RESOLUTION FOR AUTHORIZATION TO ENTER AN AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES B. ACTION ON RESOLUTION FOR AUTHORIZATION TO ENTER AN AGREEMENT FOR ARCHITECTURAL SERVICES ANNUAL REPORTS A. PUBLIC WORKS DPT GREG SKINNER, PW SUPT B. BUILDING & PLANNING DPT - SARAH SMITH, COMM DEV.DIR 2311-2314 2315-2323 DISCUSSION/ACTION ON NEW RESDENTIAL/REMODEL CONSTRUCTION POLICIES & PROCEDURES AND DISCUSSION/ACTION ON DRIVEWAY STANDARDS 2324-2327 SET SPECIAL MEETING FOR EXECUTIVE SESSION FOR CITY MANAGER'S PERFORMANCE EVALUATION INFORMATION/MISCELLANEOUS AG B. C. D. E. F. AMM Fax News LMC Friday Fax LMCD correspondence Westonka School District News FYI: Letter regarding CSAH 15 Report: School Resource Officer 2328-2330 2331-2333 2334-2364 2365-2376 2377-2378 2379-2385 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. Go K. L. M. N. O. P. Letter: City of Shorewood on Phosphorus legislation Public Safety Building status report FYI: Profile of Demographic Characteristics Gillespie Gazette Mediacom price change Letter: Mary Opheim Letter: John Evans LMCC May schedule Ice Out 2002 Jaycees charitable gambling donation 2386-2387 2388-2389 2390 2391 2392-2396 2397 2398 2399-2401 2402-2404 2405 15. ADJOURN COUNCIL BRIEFING May 14, 2002 Members: Please bring your calendars to this meeting. Upcoming Events Schedule: Don't Forget!! May 14 - 6:30 - HRA regular meeting May May June June June June June 14 - 7:30 - CC regular meeting 18 - 8-3 - Recycling Day 1 - Fire Department Fish Fry and Dance to White Sidewalls 3 - DARE Open 8 - American Legion Convention Parade 11 - 6:30 - HRA regular meeting 11 - 7:30 - CC regular meeting City Manager absences: May 24-31: Sweden City Manager's Exchange June 3: DARE Open June 18-21: LMC Conference (I will be cutting this back to a day or two.) July 4 - 14: Vacation Finance Director Gino Businaro will act as City Manager. Family/Medical Leave Policy This policy was mandated in 1993. It is overdue that we have this local policy. City Manager's Performance Evaluation We need to reschedule this review. Please bring your calendar. Human Resources Building Official Matt Simoneau started April 29. Matt has 10 years of experience and comes most recently from the City of Blaine, John Breitner, plumbing inspector for 15 years, is being relieved of his responsibilities, since Matt does plumbing inspections. Metro West Inspections will continue to provide the over-flow inspection services, with Matt doing plan reviews. Matt has will be keeping regular office hours and field hours, so the customers and staff can rely on a routine. Planning and Administration intem Kristie Widden starts after May 15. Police Chief Len Harrell is scheduled to return on May 20. MEMORANDUM TO: Mayor and City Council FROM: Jodi Rahn DATE: May 10, 2002 SUBJECT: 4:00 p.m. Deadline for Redevelopment Proposals Eight proposals received. Below is a list of three proposals that had complications with the 4:00 p.m. deadline. **MAHOGANY BAY INN** Kinko's printing company was the company that put together Mahogany Bay Inn's proposals. They had electrical failure twice on May 9, 2002 due to the high winds. We received two copies at 3:54 p.m., four copies at 4:03 p.m. and the final six copies at 4:15 p.m. **METROPLAINS DEVELOPMENT** Twelve copies at 4:03 p.m. Veto Anderson called on May 10th, 2002 and explained they were late due to a car accident on County Road 15. **LANDFORM** Twelve copies received at 4:23 p.m. They also had printing problems. Would like to substitute better quality color images when convenient. As per John Dean, it is up to the HRA to determine if failure to meet the 4 p.m. deadline can disqualify them from consideration. MOUND CITY COUNCIL MINUTES APRIL 23~ 2002 The City Council of the City of Mound, Minnesota, Hennepin County, Minnesota, met in regular session on Tuesday, April 23, 2002, at 7:30 p.m. in the council chambers of City Hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attomey, John Dean; City Manager, Kandis Hanson; Community Development Director, Sarah Smith; City Engineer, John Cameron; Finance Director, Gino Businaro; Fire Chief, Greg Pederson; Glenn Hurd, Frank~:~:~Weiland, Dale & Becky Simon, Ann Eberhart, Gerald Babb, Deb Grand, Leah Wey~&~:i Gene Hostetler, Brian Berent, Rick Todd, Kevin Flaig, Sam Bontrager, Bruce G~son, Tim Williams, Scott Alden, Rick Williams, Ed Garlock Ray Salazar, Lorri~::H~, J~ff. Anderson Todd Warner, Orv Burma, Tim VVhitten, Dustin Kern .-~:;::::::~:~" .... '~;ii??:ii: i~ Consent Agenda: Ail items listed under the Cogent Ag~da are considered to be routine in nature by the Council and wi//be ena~;~iii~:~ roll call vote. There wi//be no separate discussion on these items unles&,~ Cou~i/'~mber or citizen so requests, in which eve,~t.~e item will be removed fro~i~.!~::i::G~nse~i~i~genda and considered in ~r!~i'~i~i'~"~lled ~fhe me~fi~;~i~ .to e~:at ~ii~0 p.m. and the Pledge of Allegian~ was City Manager Ha:~¢~h requ'~(~d ~;~addition of item 9A, Eminent Domain Action for Hanus requested thg~::::~:iti~[~:~ BM, an u~ate regarding the Subu~an Rate Authority, and the addition of 9C, {~:~i~g the School Rese~e O~cer with the Mound Westonka School Distri~. Meyer requested the addition of item 130, update regarding his next beautification project for downtown. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA Hanus requested the removal of item 3E for discussion, and Meyer requested the removal of item 3G. 1 -2144- Mound City Council Minutes - April 23, 2002 MOTION by Brown, seconded by Meyer to approve the consent agenda, with the exception of 3E and 3G. Upon roll call vote taken, all voted in favor. Motion carried. A. Approve minutes of the April 9, 2002 meeting. B. Approve payment of claims in the amount of $283,159.78. C. Approve licenses and permits as requested; D. RESOLUTION NO, 02-46: A RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS OF STREETS WITHIN THE CITY OF MOUND AS NO PARKING ZONES E. (removed) F. RESOLUTION NO. 02-47: RESOLUTION EXPRESSI~iG COMMITMENT TO THE CONSTRUCTION OF A TRANSIT PARK & RIDEiiilL'OT AND CSAH 15 STREETSCAPE I TRAIL IN DOWNTOWN MOUN~ii:!i~i!iii~i~:~= ApprOve selection of STS Consultants as e,,n.¥i[e~ent~iiiiii~!3sultant for ERF Grant contract with Hennepin County. STS~i~?~i~:roposal a~ is ,$28,950. RESOLUTION NO. 02-48: RESOLUTIQ~i?i~PP~QVING A ~ARIANCE EXTENSION' FOR THE PROPERTY L0~&TEBii!i~T 4711 CU~BER~ND CASE ~01-14. 3E. AGREEMENT FOR DISI= ~CESSING SOLUTIONS~ Finance Director, disposal between NRG an~ representative from NRG in ten years, ~e funding for the agreement for leaf are approximately $12,500. The fee increase (was $10,000 last year) ~at this is avatuable program for the community. MOTION by Between NRG 2002, and expiring to approve the Agreement for DisPosal LLC, and the City of MOundi commencing APril 1, 2002, for $12,§00. All voted in favor. Motion carried. 3G. ESOLU;' IBLIC LANDS PERMIT FOR JAMES POWERS AT Meyer stated thathe requested that thiS itembe pulled from the consent agenda, because he cannot support it, MOTION by Meise!~ seconded bY Osmek to adOpt the following resolution. The following voted in.the ~rlm~ive: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. MOtion carried. RESOLUTION NO, 02.49: RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR JAMES POWERS AT 1791 RESTHAVEN LANE, LOT 1, BLOCK 13, SHADYWOOD POINT, PID #13-117-24-14-0017. 2 -2145- Mound City Council Minutes - April 23, 2002 4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. Todd Warner, 3056 Highland Boulevard. L appeared on behalf of the Westonka Historical Society, asking to be put on the May 14'" Council agenda to discuss the proposal to install a commercial dock at Mound Bay Park to accommodate the Minnehaha Steamboat which currently operates in Excelsior and Wayzata. This item will be on the Parks & Open Space Commission agenda of May 9th to discuss the concept, and the council agenda of May 14th. Brown requested that adjacent property owners be invited to these meetings when appropriate. Orv Burma, 3011 Island View Drive, presented a dock layout in his neighborhood that has reduced the number of small water craft slips from four to~i~o. Burma requested that the Council consider that the BSU be restored to its for one year. This item will go to the Docks and Commons Commission, come back to the Council after their consideration. :~,,,~ John Evans, 2025 Arbor Lane, gave positive com:~bnts .mgardingi'~ installation of the commercial dock to accommodate the Minneh~.and ~mmented that its presence in Excelsior and Wayzata makes it the heart of the "~Wn. 5. LETTER OF INTENT FOR MOUND ~J~i~iOiR:~::ST~iii!LAND, SHELL AND ~y~ seconded by,~::a~ek t~ii?i~v~:::~ non-binding letter of intent regarding the proposed new ~:i~i~[ liqu°~?~tore in the proposed Mound Marketplace. This will not be a legally-bi~g agreement, ~t will only se~e as the outline for a legally-binding agreement {~e eg~'~'::::i~:b~ Mound Marketplace, LLC, and the City of Mound. Ali voted infa~or. ~:~:¥~{:~n carri~d. 6. E N GIN E E "'~J E~?~:P D~ City Engineer C~emn gave ~: ove~iew of the 2002 City Projects List. He fu~her commented on the~i~us projects that are unde~ay, including the water and sewer project for MetroPlain~:~a~d~[~ Westedge street project that will begin the week of April 2¢. .... Meyer requested an update regarding CSAH 15, including the status of the former Dakota Rail. Cameron explained that Hennepin County and the City are proceeding with the preparation of the right-of-way agreement which is tentatively scheduled to be heard by the Council at its next meeting. 7. SKATE PARK AGREEMENT City Attorney Dean provided an overview of the agreement and walked through the various components of the document, including the fact that it will be a City-owned park, the descriptions of the various entities involved and referenced in the document, as well as the various financial commitments that the City must receive prior to commencement of work. 3 -2146- Mound City Counoll :Minutes - April 23, 2002 Insura~ and liability issues during the construction phase were also discussed. Dean commented that a supplemental' policy will need to be purchased from the LMC to cover construction-related activities. MOTION by Meyer, seconded bY Osmek to approve the Joint Cooperative Agreement concept. All voted in favor. Motion carried. 8. RO~LUND HOMES- LANGDON BAY SUBDIVISION REGARDING 30% HARDCOVER RESTRICTION Tim mitten and ,Dustin Kern of Roffiund Homes provided a brief overview regarding the Langdon Bay project and the 30% hardcover restriction. They were aware of the 30% limitation whi~. was placed, on the development, but regreffu[!Y~iiimisundemtood what components were 'included in the hardcover calculations. H~i¢~i~dicated that overall they believe the project will be under the 30% reStriction ..... After discussion, it was decJded that Rottlund Hom~i?;~ill proCe~!?~i~ith the preparation of the necessary land. use applications which wi!{~ii~==forw~[ded to {~i~'Planning Commission when appropriate. . '~=:iiiiiiiiiii:~i~;~ ........ .... ~::i==:=iii 9, ADVANCE OF ,FUNDS TO XCEL F~'~i~i~DETAILED ENGINEERING ESTIMATE MOTION by Hanus, seconded by Brown favor. Motion ~ried. resolution. All voted in RESOLUTION NO, 02-50: ENERGY TO PERFORM AN ADVANCE TO XCEL lEERING COST ESTIMATE, 9A. It was noted for the pr_,o~ty Maxwell utilities including the City's stormwater in negotiating a purchase agreement north side of Shoreline Drive, which is owned, by Gary property is needed to accommodate a number of MCES, portions am also needed to accommodate will handle water runoff; MOTION: by Meyer, seconded by Brown te adopt the following resolution, All voted in favor. Motion car,~ied, RESOLUTI~ NO.. 02-51= RESOLUTION AUTHORIZING EMINENT DOMAIN pROCE~]NGS TO ACQUIRE CERTAIN REAL PROPERTY. 9B. sUBURBAN ,RATE AUTHORITY Hanus re,oft, ed that the S~' recentl.y voted to reduce the fees for the involved municipeliti~esl N~ also briefly discussed the downtown project whioh invoNed the relocation of Xce:l~s transmission lines, Hanus reported that Mr. Strommen has commented that Mound's downtown project may be a good "test case" regarding the 4 -2147- Mound City Cour~il Minutes - April 23i 2002 placement of underground utilities. Additionally, it's possible that the SIRA may' be willing to cost share regarding this issue and stated that Mr. Strommen of Kennedy and Graven is extremely knowledgeable regarding these issues, 9C. SCHOOL RESERVE OFFICER Hanus inqL~red about the source of funds for the SRO offir~r. Businaro suggested that City staff report back at an upcoming meeting regarding the status of the application. 10. FIRE/PUBIC SAFETY FACILITY Fire Department committee member, Jeff Anderson, reviewed the proposed plans and gave background on the fire/public safety facility, including the process which has been undertaken to get to this point. ~,:~:iiii~ Manager Hanson reviewed a memorandum dated ~ii:~3,: '-:'? 2002, which explains a City streamlined approach which could "fast-track" the proje~i~f t~i~iil!ease-purchase financing option was utiliZed and the project formally authorize~? Hanso~:~?:~Xplained a process/timeline which would allow for a 2003 building opening. ::~iii!?:~ Mayor Ueisel reminded the Council that the dis'~si.e~ii~is evening will focus on the preferred financing method for the new safe~i!!!~Uilding. There was discussion that followed timelines, as well as the timing o land use approval Todd Warner c~mmented and than~d the them to mOve forward with this project, dediCated efforts to our community. MOTION being the fa¢i!!itY~! B. PRE.FERRED ~FIN~i~i OPTION Jim Prosser of Ehlers & A~SOCiates gave information on timing of a proposed bond sale, and the economic climate and bond market. select the Preferred option as presented, and Fire Depa~ment in one facility, All voted MOTION by BroWn, seconded by Hanus to utilize the lease~purchase financing to pay for a new Public Safety Facility. All voted in favor. Motion ca~ied. C. ACTION AUTHORIZING RFP,S .FROM ARCHITECT,C; MOTION bY brown, seconded by Hanus to authorize the Request for Proposals for a Project Manager, as presented. All voted in favor. Motion carried 5 -2148- Mound City Council Minutes - April 23, 2002 D. ACTION AUTHORIZING RFP'S FROM PROJECT MANAGERS MOTION by Osmek, seconded by Hanus to authorize Request for Proposals for Project Managers. All voted in favor. Motion carried. 11. ANNUAL REPORT Finance Director, Gino Businaro, presented the 2001 annual report for the Finance Department, which is on file in the office of the City Clerk. MOTION by Brown, seconded by Hanus to approve the report as presented. All voted in favor. Motion carried. 12. SPECIAL MEETING FOR EXECUTIVE SESSION FQEi~:iiCITY MANAGER'S PERFORMANCE EVALATION MOTION by Brow~by Meyer to hold a sp~¢i~i'~=="m~'~{i~ on Tuesday, May 7, 2002, at 7:00 p.m. at City Hall for consideration of ~!~City Man'~s performance evaluation. This will be held as an executive ses~i~'h. Al[voted i~'::::~or. Motion 13. IN FO RMATION/MISCE LEAN EOU S~i!~::~::::~::~,:~ B. LMC Friday Fax C, LMCD correspondence D. West~ka SChool Hennepin County Meeting invitation Finance F. G. H. I. J. K. L. M. N. O. ~ew ;D )artment Article: :ourt Cur~!iuse of Eminent Domain Community Report and newsletter Metropolitan ~nouncement Update on a,, lawsuit costs Hennepin county notice of public hearing on Body Art Code Downtown Beautification Projects - report by Peter Meyer - he indicated that he plans to pursue painting of the boards on the Longpre Building and has scheduled this event for Saturday, May 4th. The Council determined that painting projects require formal action by the Council. Meyer announced that a spruce up/clean-up event will be held at Mound Bay Park on Saturday, May 4th, from 9:00 a.m. to noon. Hanus requested that Meyer put his comprehensive projects list and schedule together and place it on an upcoming agenda. Osmek also requested that Meyer utilize the proper channels including going to the Parks and Open Space Commission. 6 -2149- Meu~d City Courmll Minutes - April 23, 2002 1:4. ADJOURN MOTON .by ~ewn, seconded by Hanus to adjourn at 11:14 p.m. Motion carried. All voted in favor. Attest: City Clerk Mayor Pat Meisel 7 -2150- MAY 14~ 2002 CITY COUNCIL MEETING 041902SUE $650.00 042402SUE $785.87 043002SUE $199.00 050102SUE $202.56 050802SUE $7,455.09 050902SUE $260.46 051402SU E $462,839.01 TOTAL $472,391.99 -2151 - CITY OF MOUND Payments Current Period: April 2002 Batch Name 041902SUE User Dollar Amt $650.00 Payments Computer Dollar Amt $650.00 Refer 41902 MOUND POST OFFICE Cash Payment E 101-41110-322 Postage Invoice 041902 Transaction Date 4/19/2002 Fund Summary 101 GENERAL FUND $0.00 In Balance · 4/19/2002 SPRING CITY CONTACAT Marquette Bank Mou 10100 10100 Marquette Bank Mound $650.00 Total $650.00 $650.00 $650.00 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $650.00 $650.00 04119/02 1:54 PM Page1 -2152- CITY OF MOUND Payments Current Period: April 2002 Batch Name 042402SUE Payments Refer 42402 HANSON, KANDIS G 101-21715 Flex Plan Medical 4/23/2002 Cash Payment Invoice 042402 Transaction Date User Dollar Amt $785.87 Computer Dollar Amt $785.87 $0.00 In Balance 4/24/2002 REIMBURSE MEDICAL EXPENSE $430.84 Marquette Bank Mou 10100 Total $430.84 Refer 42402 LAKE MINNETONKA CONVERSATI 4/24/2002 Cash Payment E 281-45210-430 Miscellaneous MULTIPLE DOCK APPLICATION $270,00 Invoice 042402 Transaction Date 4/23/2002 Marquette Bank Mou 10100 Total $270.00 Refer 42402 PETTY CASH 412412002 Cash Payment E 101-42110-210 Operating Supplies REPLENISH PETTY CASH $85.03 Invoice 042402 PO 17399 Transaction Date 4/23/2002 Marquette Bank Mou 10100 Total $85,03 Fund Summary 10100 Marquette Bank Mound 101 GENERAL FUND $515.87 281 COMMONS DOCKS FUND $270.00 $785.87 04/23/02 10:11 AM Page 1 Pre-Written Check $0.00 Checks to be Generated by the Compute $785.87 Total $785.87 -2153- CITY OF MOUND Payments 04130102 1:43 PM Page 1 Current Period: May 2002 Batch Name 043002SU E User Dollar Amt $199.00 Payments Computer Dollar Amt $199.00 $0.00 In Balance Refer 43002 GOVERNMENT TRAINING SERVIC 4/30/2002 E 101-41310-434 Conference & Training REGISTRATION MAY 8-10, 2002 $199.00 Cash Payment Invoice 043002 Transaction Date 4/30/2002 Fund Summary 101 GENERAL FUND Marquette Bank Mou 10100 Total $199.00 10100 Marquette Bank Mound $199.00 $199.00 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $199.00 $199.00 -2154- CITY OFMOUND Payments 05/02/02 8:16 AM Page 1 Batch Name 050102SUE User Dollar Amt $202.56 Payments Computer Dollar Amt $202.56 $0.00 In Balance Refer 50102 HARRELL, LEONARD 5/1/2002 G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $179.56 Cash Payment Invoice 050102 Transaction Date 5/1/2002 Marquette Bank Mou 10100 Total $179.56 Refer 50102 MINNEAPOLIS DEPARTMENTHEA 5/1/2002 Cash Payment E 601-49400-434 Conference & Training WATERWORKS OPERATION EXAM $23.00 Invoice 050102 Transaction Date 5/1/2002 .Marquette Bank Mou 10100 Total $23.00 Fund Summary 101 GENERAL FUND 601 WATER FUND Pre-Written Check 10100 Ma~uetteBank Mound $179.56 $23.00 $202.56 $0.00 Checks to be Generated by the Compute Total $202.56 $202.56 -2155- CITY OF MOUND Payments 05~08~02 2:53 PM Page 1 Current Period: May 2002 I~atch Name O.~OS0~U[~ User Dollar Ami ~?,4.~.~.0§ Payments Computer Dollar Amt $7,455.09 $0.00 In Balance Refer 50802 BUSINARO, GINO 5/8/2002 REIMBURSE MEDICAL EXPENSE $233.28 Cash Payment Invoice 050802 Transaction' Date G 101-21715 Flex Plan Medical 5/6/2002 Refer 50802 EISS, HELEN Cash Payment R 281-36200 Miscellaneous Revenues Invoice 050802 Transaction Date 5/3/2002 Refer 50802 GRAND, DEB Cash Payment Invoice 050802 Transaction Date Marquette Bank Mou 10100 5/8/2002 REFUND STAIRWAY FEE G 101-21715 Flex Plan Medical 5/6/2002 Marquette Bank Mou 10100 5/8/2O02 REIMBURSE MEDICAL EXPENSE Marquette Bank Mou 10100 Refer 50802 Cash Payment Invoice 050802 ~sh Payment ?Voice 050802 Cash Payment Invoice 050802 5/8/2002 13-117-24-33-0017 PROPERTY TAX HENNEPIN COUNTY TREASURER E 455-45381-300 Professional Srvs E 455-46381-300 Professional Srvs 13-117-24-33-0016 PROPERTY TAX E 401-47000-525 Other Capital Improveme 13-117-24-33-0011 PROPERTY TAX Total $233.28 $50.00 Total $50.00 Transaction Date 4/25/2002 Marquette Bank Mou 10100 Refer 51402 MINNESOTA DEPT OF HEAL TH 5/8/2002 Cash Payment E 601-49400-434 Conference & Training WATERWORKS OPERATION EXAM Invoice 050802 Transaction Date 5/8/2002 Marquette Bank Mou 10100 Refer 51402 MOUND FIRE DEPARTMENT 5/14/2002 Cash Payment E 222-42260-180 Fire-Drill Pay 04-02 DRILLS Invoice 042802 Cash Payment E 222-42260-390 General Maint-Fire 04-02 MAINTENANCE Invoice 042802 Cash Payment E 222-42260-190 Fire-Monthly Salaries 04-02 RESCUE Invoice 042802 Transaction Date 5/7/2002 Refer 50802 PETTY CASH Cash Payment E 609-49750-210 Operating Supplies Invoice 050802 Transaction Date 5/3/2002 Marquette Bank Mou 10100 Refer 50802 SPEEDWAYSUPERAMERICA (FIR 5/8/2002 Cash Payment E 222-42260-212 Motor Fuels THRU 04-23-02 GAS CHARGES voice 042302 I'ransaction Date 4/30/2002 Marquette Bank Mou 10100 Refer 50802 SPEEDWAYSUPERAMERICA (P/W 5/8/2002 Total $116.00 $116.00 $380.64 $361.33 $289.36 Total $1,031.33 $23.00 Total $23.00 $20.00 $0.oo $2,53O.25 Marquette Bank Mou 10100 Total $2,550.25 5/8/2002 REPLENISH PETTY CASH MISCELLANEOUS $18.64 ITEMS Total $18.64 $299.96 Total $299.96 -2156- CITY OF MOUND Payments 05/08/02 2:53 PM Page 2 Current Period: May 2002 Cash Payment Invoice 042302 Cash Payment Invoice 042302 Cash Payment Invoice 042302 Transaction Date Refer E 101-41310-212 Motor Fuels E 601-49400-212 Motor Fuels E 602-49450-212 Motor Fuels 4/30/2002 51402 SPEEDWAY SUPERAMERICA (PAR Cash Payment E 101-45200-212 Motor Fuels Invoice 042302 Cash Payment E 101-41500-212 Motor Fuels Invoice 042302 Transaction Date 4/30/2002 Refer 50802 SPEED'WAy supERAMER~CA (POL Cash Payment E 101-42110-212 Motor Fuels Invoice 050802 Transaction Date 5/3/2002 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 455 TIF 1-2 801 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND THRU 04-23-02 GAS CHARGES $1,095.98 THRU 04-23-02 GAS CHARGES $471.27 TH RU 04-23-02 GAS CHARGES $123.01 Marquette Bank Mou 10100 Total $1,690.26 5/8/2002 THRU 04-23-02 GAS CHARGES $236.09 THRU 04-23-02 GAS CHARGES $12.32 Marquette Bank Mou 10100 Total $248.41 5/8/2002 THRU 04-23-02 GASOLINE CHARGES $1,193.96 Marquette Bank Mou 10100 Total $1,193.96 10100 Marquette Bank Mound $2,887.63 $2,850.21 $5O.OO $289.36 $741.97 $494.27 $123.01 $18.64 $7,455.09 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $7,455.09 $7,455.09 -2157- CITY OF MOUND Payments 05/09/02 1:42 PM Page 1 Current Period: May 2002 Batch Name 050902SUE User Dollar Amt $260.46 Payments Computer Dollar Amt $260.46 $0.00 In Balance Refer 50902 GOLDEN VALLEY, CITY OF 5/9/2002 Cash Payment E 101-41500-434 Conference & Training 05-16-02 MUNICIPALS DINNER $34.00 Invoice 050902 PO 14871 Cash Payment E 101-42110-331 Meeting/Travel 05-16-02 MUNICIPALS DINNER $34.00 Invoice 050902 PO 17403 Cash Payment E 101-42110-331 Meeting/Travel 05-16-02 MUNICIPALS DINNER $34.00 Invoice 050902 PO 17403 Cash Payment E 101-43100-434 Conference & Training 05-16-02 MUNICIPALS DINNER $11.33 Invoice 050902 PO 14872 Cash Payment E 601-49400-434 Conference & Training 05-16-02 MUNICIPALS DINNER $11.33 Invoice 050902 PO 14872 Cash Payment E 602-49450-434 Conference & Training 05-16-02 MUNICIPALS DINNER $11.34 Invoice 050902 PO 14872 Cash Payment E 101-42400-434 Conference & Training 05-16-02 MUNICIPALS DINNER $34.00 Invoice 050902 PO 16972 Cash Payment E 609-49750-331 Meeting/Travel 05-16-02 MUNICIPALS DINNER $34.00 invoice 050902 PO 16743 ~sh Payment E 609-49750-331 Meeting/Travel 05-16-02 MUNICIPALS DINNER $34.00 Invoice 050902 PO 16743 Transaction Date 5/9/2002 Marquette Bank Mou 10100 Total $238.00 Refer 50902 PETTY CASH 5/9/2002 Cash Payment E 609-49750-210 Operating Supplies REPLENISH PETTY CASH $22.46 Invoice 050902 Transaction Date 5/9/2002 Marquette Bank Mou 10100 Total $22.46 Fund Summary 10100 Marquette Bank Mound 101 GENERAL FUND $147.33 601 WATER FUND $11,33 602 SEWER FUND $11.34 609 MUNICIPAL LIQUOR FUND $90.46 $260.46 Pre-Written Check $0.00 Checks to be Generated by the Compute $260.46 Total $260.46 -2158- CITY OF MOUND Payments 05/10/02 9:10 AM Page 1 Current Period: May 2002 Batch Name 051402SUE User Dollar Amt $462,839.01 Payments Computer Dollar Amt $462,839.01 $0.00 In Balance Refer 51402 AMERICAN EXPRESS 5/14/2002 BATTERIES,ETC. E 101-42110-210 Operating Supplies PO 17398 E 101-42110-208 Instructional Supplies Cash Payment Invoice 051402 Cash Payment Invoice 051402 Transaction Date 5/9/2002 Marquette Bank Mou 10100 Refer 51402 ARCTIC GLACIER PREMIUM ICE 5/14/2002 Cash Payment E 609-49750-255 Misc Memhandise For R ICE Invoice 55212109 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 55212712 Transaction Date 5/2/2002 Marquette Bank Mou 10100 Refer 51402 ASPEN EMBROIDERY AND DESIG 5/14/2002 Cash Payment E 101-43100-218 Clothing and Uniforms EMBROIDERY Invoice 042902 ~ash Payment E 601-49400-218 Clothing and Uniforms ?/oice 042902 Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 042902 Transaction Date 4/29/2002 I iiI Refer 51402 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale Invoice 23616100 Cash Payment E 609-49750-251 Liquor For Resale Invoice 23616100 Cash Payment E 609-49750-251 Liquor For Resale Invoice 23714400 Cash Payment E 609-49750-251 Liquor For Resale InvOice 23669100 Transaction Date 4/30/2002 61402 BERR CO : : ' cOMpANY E 101-41110-331 Meeting/Travel E 101-45200-331 Meeting/Travel E 101-42400-331 Meeting/Travel Cash Payment Invoice 285050 Cash Payment Invoice 285050 Cash Payment Invoice 285050 Transaction Date 5/3/2002 Refer 51402 BLANCH, E.W. Cash Payment G 101-22827 Landgon View voice 101-22827 Transaction Date 5/2/2002 Refer ' 51402 BRI'DGE, ED ......... 04-11-02 NICCUM LODGING EMBROIDERY EMBROIDERY Marquette Bank Mou 10100 5/14/2002 LIQUOR LIQUOR LIQUOR LIQUOR Marquette Bank Mou 10100 5/14/2002 COFFEE COFFEE COFFEE Marquette Bank Mou 10100 5/14/2002 ESCROW REFUND/CLOSE Marquette Bank Mou 10100 5/14/2002 $99.01 $313.OO Total $412.01 $115.80 $85.20 Total $201.00 $23.33 $23.33 $23.34 Total $70.00 $o.oo $1,606.80 $2,429.20 $1,938.75 Total $5,974.75 $35.00 $17.50 $17.50 Total $70.00 $1,813.94 Total $1,813.94 -2159- CITY OF MOUND Payments 05/10/02 9:10 AM Page 2 Current Period: May 2002 Cash Payment G 101-22828 Ed Bridge, Ridgewood Road ESCROW REFUND/CLOSE Invoice 051402 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Refer 51402 BRYAN ROCK PRODUCTS 5/14/2002 Cash Payment E 602-49450-224 Street Maint Materials 3/4 MINUS (CL 2) Invoice 149 Transaction Date 4/29/2002 Marquette Bank Mou 10100 $1,400.00 Total $1,400.00 $369.32 Total $369.32 Refer 51402 BUILDING OFFICIALS INTERNATIO 5/14/2002 Cash Payment E 101-42400-433 Dues and Subscriptions 2002 ANNUAL DUES Invoice 051402 PO 16973 Transaction Date 5/9/2002 Marquette Bank Mou 10100 $85.00 Total $85.00 Refer 51402 BUILDING OFFICIASL NORTHSTAR 5/14/2002 Cash Payment E 101-42400-433 Dues and Subscriptions 2002 MEMBERSHIP DUES $45.00 Invoice 051402 PO 16974 Transaction Date 5/9/2002 Marquette Bank Mou 10100 Total $45.00 Refer 51402 BUREAU ALCOHOL, TOBACCO, FIR 5/14/2002 Cash Payment E 609-49750-438 Licenses and Taxes RETAIL DEALER LICENSE $250.00 invoice 051402 -mnsaction Date 5/8/2002 Marquette Bank Mou 10100 Total $250.00 afer 51402 BUREAU OF CRIMINAL APPREHE 5/14/2002 Cash Payment E 101-42110-208 Instructional Supplies REGISTRATION COVERT DRUG $180.00 INVESTIGATION Invoice 216 PO 17402 Cash Payment E 101-42110-208 Instructional Supplies INTOXILYZER CERTIFICATION BURKE $40.00 Invoice 032702 PO 17388 Cash Payment E 101-42110-208 Instructional Supplies INTOXILYZER CERTIFICATION BRUCKNER $40.00 Invoice 032702 PO 17388 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Total $260.00 Refer 51402 BUSINARO, GINO 5/14/2002 Cash Payment E 101-41500-331 Meeting/Travel REIMBURSE MILEAGE $141.72 Invoice 050602 Transaction Date 5/7/2002 Marquette Bank Mou 10100 Total $141.72 Refer 51402 CHADWICK AND MERTZ 5/14/2002 Cash Payment E 101-41600-304 Legal Fees 04-02 PROFESSIONAL SERVICES $6,063.00 Invoice 050202 Transaction Date 5/8/2002 Marquette Bank Mou 10100 Total $6,063.00 Refer 51402 CHAMPION AUTO 5/14/2002 Cash Payment E 101-42400-404 Repairs/Maint Machinery AUTO SUPPLIES Invoice D138475 Cash Payment E 101-45200-404 Repairs/Maint Machinery AUTO SUPPLIES Invoice D132158 Transaction Date 5/7/2002 Marquette Bank Mou 10100 fer 51402 CLASSIFIEDS, ROUNDUP, LAKER, 5/14/2002 ~ash Payment E 101-45200-351 Legal Notices Publishing 04-06-02 EE AD Invoice 051402 $52.14 $16.16 Total $68.30 $69.75 -2160- CITY OF MOUND Payments 05/10/02 9:10 AM Page 3 Current Period: May 2002 Cash Payment E 101-45200-351 Legal Notices Publishing 04-13-02 EE AD $69.75 Invoice 051402 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Total $139.50 Refer 51402 COPPIN, LANCE 5/14/2002 Cash Payment G 101-22831 2300 Chateau, L. Coppin ESCROW REFUND/CLOSE $856.00 invoice 051402 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Total $856.00 Refer 51402 COPY IMAGES, INCORPORATED 5/14/2002 Cash Payment E 101-41910-400 Repairs & Maint Contract 04-02 COPIER MAINTENANCE $320.00 Invoice 22858 Transaction Date 5/7/2002 Refer 51402 DAY DISTRIBUTING COMPANY Cash Payment E 609-49750-252 Beer For Resale Invoice 174460 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 176117 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 175285 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX voice 175291 , ransaction Date 5/9/2002 Refer 51402 DIXCO ENGRAVING Cash Payment E 101-41110-210 Operating Supplies Invoice 034665 Transaction Date 5/8/2002 Refer 51402 DOBOSZENSKI AND SONS, INCOR Cash Payment E 455-46384-300 Professional Srvs Invoice REQUEST #1 Transaction Date 5/7/2002 Refer 51402 DOSSETT, SINDI Marquette Bank Mou 10100 Total 5/14/2002 BEER Marquette Bank Mou 10100 5/14/2002 NAMEPLATES Marquette Bank Mou 10100 5/14/2002 MOUNDS VISION 2ND ADDITION Marquette Bank Mou 10100 5/14/2002 Cash Payment E 101-49840-300 Professional Srvs 04-23-02 HRA MEETING VIDEO Invoice 042302 Transaction Date 5/7/2002 Marquette Bank Mou 10100 Refer 51402 E-Z RECYCLING 5/14/2002 Cash Payment E 670-49500-440 Other Contractual Servic 04-02 CURBSIDE RECYCLING Invoice 3664 Transaction Date 4/25/2002 EAST SIDE"BEVERAGE Marquette Bank Mou 10100 5/14/2002 BEER BEER BEER BEER Refer 51402 Cash Payment Invoice 233147 Cash Payment Invoice 231374 Sh Payment .. ~voice 236118 Cash Payment Invoice 238380 E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale Total Total Total Total Total $320.00 $772.75 $1,333.90 $1,935.51 $69.10 $4,111.26 $12.25 $12.25 $202,781.21 $202,781.21 $20.00 $20.00 $7,700.00 $7,700.00 $107.00 $9,023.35 $78.00 $85O.00 -2161 - CITY OF MOUND Payments 05/10/02 9:10 AM Page 4 Current Period: May 2002 Cash Payment E 609-49750-252 Beer For Resale BEER $29.40 Invoice 234742 Cash Payment Invoice 235274 Cash Payment Invoice 234741 Cash Payment Invoice 237849 Cash Payment Invoice 237850 Transaction Date 5/1/2002 Refer 2788 ENVIRONMENTAL LANDFORMS, I Cash Payment Invoice 1829 Cash Payment Invoice 1829 Cash Payment Invoice 1829 Cash Payment Invoice 1828 E 609-49750-251 Liquor For Resale LIQUOR E 609-49750-252 Beer For Resale BEER E 609-49750-252 Beer For Resale BEER E 609-49750-252 Beer For Resale BEER Marquette Bank Mou 10100 5/14/2O02 E 101-43100-223 Building Repair Supplies INSPECT IRRIGATION SYSTEM E 601-49400-223 Building Repair Supplies INSPECT IRRIGATION SYSTEM E 602-49450-223 Building Repair Supplies INSPECT IRRIGATION SYSTEM E 101-41910-401 Repairs/Maint Buildings INSPECT IRRIGATION SYSTEM ~nsaction Date 5/8/2002 Marquette Bank Mou 10100 Refer 51402 EQUIPMENTSUPPLY, INCORPOR 5/14/2002 Cash Payment E 101-41910-401 Repairs/Maint Buildings REPAIR BASEMENT UNIT Invoice 182902 Cash Payment E 101-41910-401 Repairs/Maint Buildings Invoice S344/0419 Transaction Date 5/1/2002 Refer 51402 ESS (ELECTION EQUIPMENT) BELTS Marquette Bank Mou 10100 5/14/2002 MANHOLE W/SANITARY COVER Cash Payment E 602-49450-220 Repair/Maint Supply Invoice EE1269 PO 17302 Transaction Date 4/29/2002 Refer 51402 EXEMPLAR INTERNATIONAL, INC Marquette Bank Mou 10100 5/14/2002 10100 Cash Payment E 602-49450-440 Other Contractual Servic 04-05-02 DRUG TEST Invoice 699623 Transaction Date 4/29/2002 Marquette Bank Mou Refer 51402 EXTREME BEVERAGE 5/14/2002 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 54881 Transaction Date 5/2/2002 Marquette Bank Mou Refer 51402 FRONTIER/CITIZENS COMMUNICA 5/14/2002 Cash Payment E 101-43100-321 Telephone 04-02 472-0635 Invoice 043002 Cash Payment E 601-49400-321 Telephone 04-02 472-0635 ~oice 043002 Payment E 602-49450-321 Telephone 04-02 472-0635 Invoice 043002 10100 $120.75 $815.85 $1,699.9O $32.50 Total $12,756.75 $24.21 $24.21 $24.20 $140.08 Total $212.70 $907.29 $10.42 Total $917.71 $169.34 Total $169.34 $38.00 Total $38.00 $32.00 Total $32.00 $339.56 $339.56 $339.55 -2162- CITY OF MOUND Payments 05/10/02 9:10 AM Page 5 Current Period: May 2002 Cash Payment E 101-41910-321 Telephone 04-02 472-0600 $946.96 Invoice 043002 Cash Payment E 101-43100-321 Telephone 02-08-02 FINAL 472-1251 $102,19 Invoice 043002 Cash Payment E 601-49400-321 Telephone 02-08-02 FINAL 472-1251 $102.19 Invoice 043002 Cash Payment E 602-49450-321 Telephone 02-08-02 FINAL472-1251 $102.19 Invoice 043002 Cash Payment E 101-42110-321 Telephone 02-08-02 FINAL 472-3711 $512.85 Invoice 043002 Transaction Date 5/7/2002 Marquette Bank Mou 10100 Total $2,785.05 Refer 51402 G & K SERVICES 5/14/2002 Cash Payment E 101-43100-218 Clothing and Uniforms 04-16-02 UNIFORMS $29.59 Invoice 183105 Cash Payment E 601-49400-218 Clothing and Uniforms 04-16-02 UNIFORMS $29.59 Invoice 183105 Cash Payment E 602-49450-218 Clothing and Uniforms 04-16-02 UNIFORMS $29,59 Invoice 183105 Cash Payment E 101-43100-230 Shop Materials 04-16-02 MATS $17,12 Invoice 183105 ~sh Payment E 601-49400-230 Shop Materials 04-16-02 MATS $17.12 ,~lvoice 183105 Cash Payment E 602-49450-230 Shop Materials 04-17-02 MATS $17.12 Invoice 183105 Cash Payment E 101-43100-218 Clothing and Uniforms 04-23-02 UNIFORMS $29.59 Invoice 189981 Cash Payment E 601-49400-218 Clothing and Uniforms 04-23-02 UNIFORMS $29.59 Invoice 189981 Cash Payment E 602-49450-218 Clothing and Uniforms 04-23-02 UNIFORMS $29.59 invoice 189981 Cash Payment E 101-43100-230 Shop Materials 04-23-02 MATS $25.46 Invoice 189981 Cash Payment E 601-49400-230 Shop Materials 04-23-02 MATS $25.46 Invoice 189981 Cash Payment E 602-49450-230 Shop Materials 04-23-02 MATS $25.46 Invoice 189981 Cash Payment E 101-43100-218 Clothing and Uniforms 04-30-02 UNIFORMS $30.71 Invoice 196964 Cash Payment E 601-49400-218 Clothing and Uniforms 04-30-02 UNIFORMS $30.71 Invoice 196964 Cash Payment E 602-49450-218 Clothing and Uniforms 04-30-02 UNIFORMS $30.70 Invoice 196964 Cash Payment E 101-43100-230 Shop Materials 04-30-02 MATS $15.10 invoice 196964 Cash Payment E 601-49400-230 Shop Materials 04-30-02 MATS $15.10 ",voice 196964 ~sh Payment E 602-49450-230 Shop Materials 04-30-02 MATS $15.10 Invoice 196964 Cash Payment E 222-42260-216 Cleaning Supplies 04-30-02 MATS $42.01 Invoice 196967 -2163- CITY 0P MOUND Payments 05/10/02 9:10 AM Page 6 Current Period: May 2002 Cash Payment E 101-45200-223 Building Repair Supplies 04-30-02 MATS $51.48 Invoice 196965 Cash Payment E 101-41910-460 Janitorial Services Invoice 196966 Cash Payment E 609-49750-460 Janitorial Services Invoice 196968 Transaction Date 4/30/2002 Refer 51402 GARY'S DIESEL SERVICE Cash Payment Invoice 55167 Cash Payment Invoice 55767 Transaction Date 5/7/2002 Refer 51402 GLENWOoDiNGLEwooD Cash Payment E 101-41110-210 Operating Supplies Invoice 043002-A Cash Payment E 101-42110-430 Miscellaneous Invoice 043002-A Cash Payment E 101-41910-210 Operating Supplies 'qvoice 043002-B ~sh Payment E 101-43100-210 Operating Supplies Invoice 043002-C Cash Payment E 601-49400-210 Operating Supplies Invoice 043002-C Cash Payment E 602-49450-210 Operating Supplies Invoice 043002-C Transaction Date 5/3/2002 Refer 51402 GRAND, DEB Cash Payment E 609-49750-331 Meeting/Travel Invoice 051402 Transaction Date 5/9/2002 Refer 51402 GRIGGS COOPERAND cOMPANy 5/14/2002 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 533519 Cash Payment Invoice 533518 Cash Payment Invoice 530379 Cash Payment Invoice 530433 Cash Payment Invoice 536850 Cash Payment Invoice 536776 sh Payment 587217 Transaction Date 04-30-02 MATS 04-30-02 MATS Marquette Bank MoM 10100 5/14/2002 E 602-49450-404 Repairs/Maint Machinery AUTO REPAIR E 602-49450-404 Repairs/Maint Machinery AUTO REPAIR E 609-49750-251 Liquor For Resale E 609-49750-253 Wine For Resale E 609-49750-251 Liquor For Resale E 609-49750-251 Liquor For Resale E 609-49750-253 Wine For Resale E 609-49750-253 Wine For Resale 5/1/2002 Marquette Bank MoM 5/14/2002 WATER 04-02 #5158500 WATER 04-02 #5158500 WATER 04-02 #5158501 WATER 04-02 #5158502 WATER 04-02 #5158502 WATER 04-02 #5158502 Marquette Bank Mou 10100 5/14/2002 REIMBURSE MILEAGE Marquette. Bank Mou 10100 LIQUOR WINE LIQUOR LIQUOR WINE CREDIT--WINE Marquette Bank Mou 10100 $101.53 $23.61 10100 Total $661.33 $79.41 $64.70 Total $144.11 $38.76 $38.76 $46.36 $25.65 $25.65 $25.64 Total $200.82 $127.02 Total $127.02 $298.43 $1,529.84 $431.15 $366.80 $1,153.27 $1,016.24 -$68.50 Total $4,727.23 Refer 51402 HANSON, KANDIS 5/14/20O2 -2164- CITY OF MOUND Payments 05/10/02 9:10 AM Page 7 Current Period: May 2002 Cash Payment E 101-41310-321 Telephone Invoice 042202 Cash Payment E 101-41310-331 Meeting/Travel Invoice 042202 Transaction Date 4/24/2002 Refer 51402 HAWKINS, INCORPORATED Cash Payment E 601-49400-227 Chemicals Invoice 45223-B Transaction Date 4/30/2002 Refer 51402 HENNEPiN COUNTYPu~L'~C WOR Cash Payment E 601-49400-455 Permits Invoice UTIL0000242 Transaction Date 5/7/2002 Refer 51402 HENNEPIN COUNTySHERIFF,s'A Cash Payment E 101-41600-450 Board of Prisoners Invoice 042202 Transaction Date 5/7/2002 Refer 51402 HENNEPIN'COUNTM TREASUI~"(R ~ash Payment E 101-41600-450 Board of Prisoners voice 000488 Transaction Date 5/7/2002 Refer 51402 HENTGES, S.'M. A~'D SONs, INCO REIMBURSE DSL LINE $49.95 REIMBURSE MILEAGE $31.39 Marquette Bank Mou 10100 Total $81.34 5/14/2002 HYDROFLUSOLIClC ACID $900.00 Marquette Bank Mou 10100 5/14/20O2 1ST QTR 2002 UTILITY PERMITS Marquette Bank Mou 10100 5/14/2002 01-02 BOOKING FEE Marquette Bank Mou 10100 5/14/2002 03-02 ROOM AND BOARD Marquette Bank Mou 10100 5/14/2002 Cash Payment E 601-49400-300 Professional Srvs WESTEDGE WATERMAIN Invoice REQUEST #1 Transaction Date 5/7/2002 Marquette Bank Mou 10100 Refer 51402 HOLIDAY INN SOUTH 5/14/2002 Total $900.00 $100.00 Total Total $100.00 $466.02 Total $466.02 $127.00 Total $127.00 $57,911.67 Total $57,911.67 Cash Payment Invoice 050102 PO 17406 Transaction Date 5/7/2002 Marquette Bank Mou 10100 Total Refer 51402 HUFNAGLE, TIMOTHY/MELISSA 5/14/2002 Cash Payment G 101-22859 4707 Manchester, 00-36, Huf ESCROW REFUND/CLOSE Invoice 101-22859 Transaction Date 4/24/2002 Marquette Bank Mou 10100 Total Refer 51402 HUNTER, DEAN 5/14/2002 Cash Payment G 101-22826 D. Hunter-Martin Homes 12- ESCROW REFUND/CLOSE Invoice 051402 Transaction Date 4/29/2002 Marquette Bank Mou 10100 efer 51402 IKON OFFICE MACHINES 5/14/2002 Cash Payment E 101-42110-202 Duplicating and copying 04-24-02 THRU 05-24-02 MAINTENANCE Invoice 23186888 Transaction Date 4/30/2002 Marquette Bank Mou 10100 Total ,fer 51402 I~E" 7,NTERNET ' RV, CE i',NCO ............................... .ash Payment E 101-41910-300 Professional Srvs 03-02 INTERNED SERVICE Invoice 10981 Transaction Date 4/25/2002 Marquette Bank Mou 10100 Total E 101-42110-208 Instructional Supplies PLEAA CONFERENCE JUNE 19-20, 2002 $136.40 $136.40 $577.20 $577.20 $16,832.92 $16,832.92 $125.17 $125.17 $29.95 $29.95 -2165- CITY OF MOUND Payments 05/10/02 9:10 AM Page 8 Current Period: May 2002 Refer 51402 ISLANDPARKSKELLY 5/14/2002 Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL CHANGE $25.86 Invoice 10168 Cash Payment E 101-42110-404 Repairs/Maint Machinery OIE CHANGE $25.86 Invoice 10210 Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL CHANGE $25.86 Invoice 10319 Cash Payment E 101-42110-404 Repairs/Maint Machinery TIRE REPAIR $15.00 Invoice 10337 Cash Payment E 601-49400-404 Repairs/Maint Machinery TOWING WATER MAIN BREAK $47.25 Invoice 10179 Cash Payment E 101-43100-404 Repairs/Maint Machinery BATTERY $75.52 Invoice 10193 Cash Payment E 602-49450-404 Repairs/Maint Machinery THRUST ALIGN $60.95 Invoice 10214 Cash Payment E 601-49400-404 Repairs/Maint Machinery OIL CHANGE $51.17 Invoice 10226 Cash Payment E 101-43100-404 Repairs/Maint Machinery OIL CHANGE $9.15 Invoice 10227-A Cash Payment E 601-49400-404 Repairs/Maint Machinery OiL CHANGE $9.15 "~voice 10227-B ~.sh Payment E 602-49450-404 Repairs/Maint Machinery OIL CHANGE $9,15 Invoice 10227-C Cash Payment E 601-49400-404 Repairs/Maint Machinery BREAK REPAIR $63.00 Invoice 10261 Cash Payment E 101-43100-404 Repairs/Maint Machinery TRANS COVER, ETC. $827.80 Invoice 10323 Cash Payment E 101-42400-404 Repairs/Maint Machinery SEAT RAIL ASSY, ETC $242.45 Invoice 10345 Marquette Bank Mou 10100 5/14/2002 Transaction Date 5/7/2002 Refer 51402 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-253 Wine For Resale Invoice 1395604 Cash Payment E 609-49750-251 Liquor For Resale Invoice 1395603 Cash Payment E 609-49750-251 Liquor For Resale Invoice 1395602 Cash Payment E 609-49750-253 Wine For Resale Invoice 1395601 Cash Payment E 609-49750-251 Liquor For Resale Invoice 1395600 Cash Payment E 609-49750-253 Wine For Resale Invoice 190679 Cash Payment E 609-49750-251 Liquor For Resale Invoice 1392657 '~sh Payment E 609-49750-253 Wine For Resale voice 1392656 Cash Payment E 609-49750-251 Liquor For Resale Invoice 1392655 WINE LIQUOR LIQUOR WINE LIQUOR CREDIT--WINE LIQUOR WINE LIQUOR Total $1,488.17 $67.9O $86.49 $64.2O $62.25 $928.20 -$6.90 $1,314.30 $814.25 $56.25 -2166- CITY OF MOUND Payments 05/10/02 9:10 AM Page 9 Current Period: May 2002 Cash Payment E 609-49750-253 Wine For Resale WINE $903.60 Invoice 1398844 Cash Payment E 609-49750-253 Wine For Resale WINE $1,437.70 Invoice 1398845 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $482.41 Invoice 1398846 Cash Payment E 609-49750-253 Wine For Resale WINE $115.80 Invoice 1398847 Transaction Date 5/1/2002 Marquette Bank Mou 10100 Total $6,326.45 Refer 51402 LEAGUE MN CITIES INSURANCE T 5/14/2002 Cash Payment E 602-49450-440 Other Contractual Servic 02-15-02 SIGN CLAIM DEDUCTIBLE $1,000.00 Invoice 051402 Transaction Date 5/8/2002 Marquette Bank Mou 10100 Total $1,000.00 Refer 51402 LEMMERMAN, JEFF 5/14/2002 Cash Payment G 101-22844 1642 Heron Lane, Lemmerm ESCROW REFUND/CLOSE $9,179.00 Invoice 051402 Transaction Date 4/25/2002 Refer 51402 MARK VII DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale voice 403348 ,.;ash Payment E 609-49750-252 Beer For Resale Invoice 385323-A Cash Payment E 609-49750-252 Beer For Resale Invoice 392338oA Cash Payment E 609-49750-252 Beer For Resale Invoice 394328-A Cash Payment E 609-49750-252 Beer For Resale Invoice 405805 Cash Payment Invoice 408872 Cash Payment Invoice 408873 Transaction Date Refer 51402 Cash Payment Invoice 10768 Cash Payment Invoice 10791 Cash Payment Invoice 10805 Cash Payment Invoice 10828 Cash Payment Invoice 10840 ~sh Payment ,nvoice 10863 Cash Payment Invoice 10875 E 609-49750-252 Beer For Resale E 609-49750-251 Liquor For Resale 5/1/2002 MARLIN°S TRUCKING DELIVERY E 609-49750-265 Freight E 609-49750-265 Freight E 609-49750-265 Freight E 609-49750-265 Freight E 609-49750-265 Freight E 609-49750-265 Freight E 609-49750-265 Freight Marquette Bank Mou 10100 5/14/2O02 BEER BEER BEER BEER BEER BEER LIQUOR Marquette Bank Mou 10100 5/14/2002 04-01-02 DELIVERY CHARGE 04-04-02 DELIVERY CHARGE 04-08-02 DELIVERY CHARGE 04-11-02 DELIVERY CHARGE 04-15-02 DELIVERY CHARGE 04-16-02 DELIVERY CHARGE 04-22-02 DELIVERY CHARGE Total Total $9,179.00 $2,273.17 $0.80 $22.40 -$1.20 $3,950.71 $1,676.15 $97.50 $8,019.53 $20.00 $137.60 $12.00 $85.60 $24.80 $86.40 $12.80 -2167- CITY OF MOUND Payments 05/10/02 9:10 AM Page 10 Current Period: May 2002 Cash Payment E.609-49750-265 Freight 04-25-02 DELIVERY CHARGE Invoice 10896 Cash Payment E 609-49750-265 Freight 04-29-02 DELIVERY CHARGE Invoice 10910 Transaction Date 5/1/2002 Marquette Bank Mou 10100 Refer 51402 METROPOLITAN AREA MANAGEM 5/14/2002 $156.00 Cash Payment E 101-41310-434 Conference & Training 04-18-02 LUNCHEON Invoice 387 Transaction Date 4/25/2002 Marquette Bank Mou 10100 Refer 51402 MILLER, VIRGINIA 5/14/2002 Cash Payment G 101-22833 5020/5024 Edgewater, Miller ESCROW REFUND/CLOSE Invoice 101-22833 Transaction Date 5/2/2002 Marquette Bank Mou 10100 Refer 51402' MiNI~IE'S'OTA CITY~couNTY MA'NA 5/14/2000 Cash Payment E 101-41310-433 Dues and Subscriptions 05-02 THRU 04-02 MEMBERSHIP Invoice 051402 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Refer 51402 MINNESOTA EXTERIORS, INCORP 5/14/2002 ~ash Payment G 101-22801 Deposits/Escrow SIDING DEPOT voice 0047849-1N PO 16448 Transaction Date 5/6/2002 Marquette Bank Mou 10100 Refer 51402 MINNE~OTM "FIRE A"G'ENoiES PUR " 5/14/2002 Cash Payment E 222-42260-433 Dues and Subscriptions 2002 DUES Invoice 042202 Transaction Date 4/30/2002 Marquette Bank Mou 10100 Refer 51402 MINNESOTA VALLEY TESTING LA 5/14/2002 Cash Payment E 601-49400-470 Water Samples COLIFORM, MF - WATER Invoice 117386 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Refer 51402 MOUND FIRE RELIEFASSOClATIO 5/14/2002 Cash Payment E 895-49990-124 Fire Pension Contributio 05-02 FIRE RELIEF Invoice 051402 Transaction Date Refer 51402 Cash Payment Invoice 608061 Cash Payment Invoice 508122 Cash Payment Invoice 57162 Cash Payment Invoice 57224 Sh Payment · ,voice 58500 Cash Payment Invoice 58501 5/9/2002 Marquette Bank Mou 10100 MUELLER, WILLIAM AND SONS 5/14/2002 E 601-49400-224 Street Maint Materials UPM COLD PATCH E 601-49400-224 Street Maint Materials E 601-49400-224 Street Maint Materials E 601-49400-224 Street Maint Materials E 601-49400-224 Street Maint Materials E 101-43100-224 Street Maint Materials UPM COLD PATCH 04-04-02 UPM COLD P 04-05-02 UPM COLD P 04-17-02 BLACKTOP 04-26-02 CONCRETE $17.60 Total $552.80 $1B.00 Total $16.00 $696.70 Total $696.70 $80.00 Total $80.00 Total $14,767.00 $14,767.00 $35.00 Total $35.00 $72.50 Total $72.50 Total $9,088.33 $9,088.33 $427.20 $568.75 $427.20 $568.75 $627.64 $355.66 -2168- CITY OF MOUND Payments 05/10/02 9:10 AM Page 11 Current Period: May 2002 Cash Payment E 101-43100-224 Street Maint Materials 04-29-02 CONCRETE $139.56 Invoice 58611 Cash Payment E 101-43100-224 Street Maint Materials CREDIT--CONCRETE Invoice 57162 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Refer 51402 MULTICARE ASSOCIATESI ~k, fC 5/14/2002 Cash Payment E 101-42400-440 Other Contractual Servic EE EXAM SIMONEAU Invoice 20-17529567 Transaction Date 5/9/2002 Marquette Bank Mou 10100 ,e MU RA , .............. fer 51402 R WILLIAM 5/14/2002 Cash Payment E 101-42110-434 Conference & Training REIMBURSE MEETING EXPENSE Invoice 051402 PO 17400 Transaction Date 4/25/2002 Refer 51402 NATIONA;'FIRE P~TECTIoN A$ Cash Payment E 222-42260-210 Operating Supplies invoice 0996940 Transaction Date 4/30/2002 Marquette Bank Mou 10100 Refer. 51402 NEWMAN SIGNS 5/14/2002 -'ash Payment E 101-43100-226 Sign Repair Materials SIGNS ~voice TI-0085008 Cash Payment E 101-45200-210 Operating Supplies SIGNS Invoice TI-0085605 Transaction Date 4/29/2002 Refer 51402 Cash Payment E 101-43100-321 Telephone Invoice 051402 Cash Payment E 601-49400-321 Telephone -$0.10 Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 ?h Payment ,nvoice 051402 Cash Payment Invoice 051402 NEXTEL COMMUNICATIONS (P/W) __ E 602-49450-321 Telephone E 602-49450-321 Telephone E 101-43100-321 Telephone E 101-43100-321 Telephone E 101-43100-321 Telephone E 601-49400-321 Telephone E 101-43100-321 Telephone E 601-49400-321 Telephone E 602-49450-321 Telephone Total $3,114.66 $57.00 Total $57.00 $100.57 Marquette Bank Mou 10100 Total $100.57 5/14/2002 OCCUPATIONAL HEALTH SAFETY $26.75 Marquette Bank Mou 10100 5/14/2002 03-19-02 THRU 04-18-02 #16 JOHNSON, TIM 03-19-02 THRU 04-18-02 #17 POUNDER, CHRIS 03-19-02 THRU 04-18-02 #18 HARDINA, DAMON 03-19-02 THRU 04-18-02 #19 KIVISTO, SCOTT 03-19-02 THRU 04-18-02 ~20 GRADY, DAN 03-19-02 THRU 04-18-02 #21 HEITZ, FRANK 03-19-02 THRU 04-18-02 #22 HEITZ, DON 03-19-02 THRU 04-18-02 #23 KESTNER, AL 612-221-6812, #07 SKINNER, GREG 612-221-6811, #07 SKINNER, GREG 812-221-6811, ~:)7 SKINNER, GREG Total $26.75 $11,74 $77.57 Total $89.31 $39.55 $39.55 $39.55 $39.55 $39.55 $39.55 $39.55 $39.55 $24.86 $24.86 $24.86 -2169- CITY OF MOUND Payments 05/10/02 9:10 AM Page 12 Current Period: May 2002 Cash Payment E 101-45200-321 Telephone Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 ~-ash Payment voice 051402 Transaction Date Refer 51402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 Cash Payment Invoice 051402 ~sh Payment oice 051402 Cash Payment Invoice 051402 E 281-45210-321 Telephone E 101-41310-321 Telephone E 101-43100-321 Telephone E 601-49400-321 Telephone E 602-49450-321 Telephone E 101-45200-321 Telephone E 601-49400-321 Telephone E 101-42400-321 Telephone E 101-42400-321 Telephone E 601-49400-321 Telephone 4/26/2002 NEXTEL COMMUNICATIONS (POLl E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone E 101-42110-321 Telephone 612-221-6812, #15 FACKLER, JIM 612-221-6813, #16 HOFF, KATIE 612-221-6814, #03 RAHN, JODI 612-221-6822 #02 NELSON, JOYCE 612-221-6822 #02 NELSON, JOYCE 612-221-6822 #02 NELSON, JOYCE 612-221-8385 #13 SWARTZER, BRIAN 612-282-1182 #14 GEISE, LEE 612-282-5889 #15 SUTHERLAND, JON 612-36305883 NORLANDER, JILL ANDERSON, MIKE Marquette Bank Mou 10100 Total 5/14/2002 03-18-02 THRU 04-18-02 292-6400 OFFICE 03-18-02 THRU 04-18-02 292-6401 CHIEF 03-18-02 THRU 04-18-02 292-6402 SERGEANT 03-18-02 THRU 04-18-02 292-6402 SRO 03-18-02 THRU 04-18-02 292-6404 INVESTIGATORS 03-18-02 THRU 04-18-02 292-6405 SQUAD #840 03-18-02 THRU 04-18-02 292-6406 SQUAD #842 03-18-02 THRU 04-18-02 292-6407 DARE 03-18-02 THRU 04-18-02 292-6408 SQUAD #844 03-18-02 THRU 04-18-02 292-6409 SQUAD #845 03-18-02 THRU 04-18-02 292-6410 CSO $77.97 $47.66 $35.58 $13.18 $13.18 $13.18 $39.55 $39.55 $10.20 $33.89 $35.99 $750.91 $39.60 $41.50 $39.60 $39.60 $118.27 $39.60 $39.60 $39.95 $39.77 $40.93 $39.60 -2170- CITY OF MOUND Payments 05/10/02 9:10 AM Page 13 Current Period: May 2002 Transaction Date 4/26/2002 Marquette Bank Mou 10100 Total $518.02 Refer 51402 NlCCUM DOCKS, INCORPORATED 5/14/2002 Cash Payment E 281-45210-440 Other Contractual Sen/lc INSTALL DOCKS Invoice 1780 Transaction Date 5/9/2002 Marquette Bank Mou 10100 Total ............................... EQ MEN ..................................... Refer 51402 NORTHERN TOOL AND UIP 5/14/2002 Cash Payment E 101-43100-221 Equipment Parts WATER PUMP Invoice 823302080 Transaction Date 5/7/2002 Marquette Bank Mou 10100 Total Refer 51402 NOR ERN WATER WORKS SUPP 5/14/2002 Cash Payment . E 601-49400-220 Repair/Maint Supply METER Invoice 3105931 Cash Payment E 601-49400-220 Repair/Maint Supply METER Invoice 3106269 Cash Payment E 601-49400-220 Repair/Maint Supply 1" METER WITH COUPLINGS Invoice 3107035 PO 17300 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Total Refer II'II514°2 IIoM G Li;" O RAPH, INbORPO/ "" ""5/1"4;2002 ................ ~ash Payment E 601-49400-440 Other Contractual Servic LAMINATE MAPS ~oice 0042563-1N Transaction Date 5/7/2002 Marquette Bank Mou 10100 Total Refer 51402 PAINE?BEVERLY 5/14/2002 Cash Payment R 281-34725 Dock Permits REFUND SHARE FEE Invoice 051402 Cash Payment R 281-34725 Dock Permits REFUND LMCD FEE Invoice 051402 Cash Payment R 281-34725 Dock Permits REFUND LATE FEE Invoice 051402 Transaction Date 4/25/2002 Marquette Bank Mou 10100 Total Refer 51402 PEPSI-COLA COMPANY 5/14/2002 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 27492093 Transaction Date 5/2/2002 Marquette Bank Mou 10100 Total Refer 51402 PHILLIPS WINE AND SPIRITS, INC 5/14/2002 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 827482 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 825298 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 825297 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 829920 "~sh Payment E 609-49750-253 Wine For Resale WINE /oice 829921 Transaction Date 5/1/2002 Marquette Bank Mou 10100 Total Refer 51402 PINNACLE DISTRIBUTING 5/14/2002 $2,375.00 $2,375.00 $596.39 $596.39 $961.62 $90.95 $1,637.54 $2,690.11 $72.42 $72.42 $80.00 $22.50 $25.00 $127.50 $68.75 $68.75 $932.90 $103.00 $78.85 $767.27 $516,00 $2,398.02 -2171 - CITY OF MOUND Payments 05/10/02 9:10 AM Page 14 Current Perlod: May 2002 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $759.84 Invoice 57579 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $677.14 Invoice 58071 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $955.52 Invoice 58657 Transaction Date 5/1/2002 Marquette Bank Mou 10100 Total $2,392.50 Refer 51402 PLUNKETT'S, iNCORPORATED 5/14/2002 Cash Payment E 101-41910-440 Other Contractual Servic APR MAY JUNE 2002 PEST CONTROL $95.84 Invoice 460974 Transaction Date 5/3/2002 Marquette Bank Mou 10100 Total $95.84 Refer 51402 POUNDER, CHRISTOPHER 5/14/2002 Cash Payment E 601-49400-218 Clothing and Uniforms 2002 BOOT ALLOWANCE $159.95 Invoice 051402 Transaction Date 4/30/2002 Marquette Bank Mou 10100 Total $159.95 Refer 51402 PROFESSIONAL LAW ENFORCEM 5/14/2002 Cash Payment E 101-42110-208 Instructional Supplies CONFERENCE JUNE 20-21, 2002 $60.00 Invoice 050102 PO 17405 Transaction Date 5/7/2002 Marquette Bank Mou 10100 Total $60.00 .~fer 51402 PROTECTION ONE 5/14/2002 Cash Payment E 101-43100-440 Other Contractual Servic 05-01-02 THRU 07-31-02 MONITORING Invoice 12681094 Cash Payment E Invoice 12681094 Cash Payment E Invoice 12681094 Cash Payment E Invoice 12678348 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Total Refer 51402 PUBLIC SAFETY CENTER, INCORP 5/14/2002 Cash Payment E222-42260-210 Operating Supplies BATTERY Invoice 6579 IN Transaction Date 4/30/2002 Marquette Bank Mou 10100 Total Refer 51402 QUALITY WINE AND SPIRITS 5/14/2002 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 116547-00 Cash Payment E Invoice 115899-00 Cash Payment E Invoice 116170-00 Cash Payment E Invoice 115898-00 Cash Payment E voice 113750-00 Payment E Invoice 113357-00 601-49400-440 Other Contractual Servic 05-01-02 THRU 07-31-02 MONITORING 602-49450-440 Other Contractual Servic 05-01-02 THRU 07-31-02 MONITORING 609-49750-440 Other Contractual Servic 05-01-02THRU 10-31-02 609-49750-254 Soft Drinks/Mix For Resa MIX 609-49750-251 Liquor For Resale LIQUOR 609-49750-251 Liquor For Resale LIQUOR 609-49750-253 Wine For Resale WINE 609-49750-251 Liquor For Resale LIQUOR $47.60 $47.60 $47.60 $435.77 $578.57 $358.07 $358.07 $3,87O.30 $82.33 $192.00 $1,875.29 $171.48 $3,596.77 -2172- CITY OF MOUND Payments 05/10/02 9:10 AM Page 15 Current Period: May 2002 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $835.73 Invoice 119651-00 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 119161-00 Cash Payment E 609-49750-251 Liquor For Resale Invoice 119162-00 Cash Payment E 609-49750-251 Liquor For Resale Invoice 119364-00 Cash Payment E 609-49750-251 Liquor For Resale Invoice 116064-00 Transaction Date 5/1/2002 Refer "51402 R.C. ELEcTRIc, INCORPORA TE~ E 101-45200-223 Building Repair Supplies CITYHALL ENTRANCE Cash Payment Invoice 042302 Cash Payment Invoice 042302 $69.74 LIQUOR $1,054.39 LIQUOR $146.95 CREDIT--LIQUOR -$27;36 Marquette Bank Mou 10100 Total $11,867.62 5/14/2002 E 101-41910-401 Repairs/Maint Buildings CITYHALL ENTRANCE Transaction Date 4/25/2002 Marquette Bank Mou 10100 Cash Payment E 101-41910-384 Refuse/Garbage Dispos 04-02 GARBAGE SERVICE "~voice 1660 ~nsaction Date 4/2512002 Refer 51402 RIDGEVlEW BUSINESS HEALTH Cash Payment E 222-42260-325 Pagers-Fire Dept. Invoice 040902 Transaction Date 4/25/2002 Marquette Bank Mou 10100 Refer 51402 SCHWAAB, INCo~PoR~'TEo ...... 5/14/2002 Cash Payment E 222-42260-200 Office Supplies SIGNATURE STAMP Invoice M02061 Transaction Date 4/30/2002 Marquette Bank Mou 10100 Refer 1402 SHADOW PLASTICS, INCORPORA 5/14/2002 Cash Payment E 101-45200-384 Refuse/Garbage Dispos GARBAGE BAGS Invoice 46473 PO 17243 Transaction Date 5/1/2002 Refer 51402 SHo~EwooD TREE SERVICE "' Cash Payment E 101-45200-533 Tree Removal invoice 3932 Transaction Date 5/1/2002 "51402 s lrH, SA" H ......... Cash Payment E 101-42400-331 Meeting/Travel Invoice 051402 Cash Payment E 101-42400-331 Meeting/Travel Invoice 051402 ~ssh Payment E 101-42400-200 Office Supplies ~oice M-39146 Transaction Date 4/29/2002 Refer 51402 SOS PRINTING Marquette Bank Mou 10100 5/14/2002 RESPITATOR USE REVIEW $157.02 $293.30 Total $450.32 $114.54 Total $114.54 $25.00 Total $25.00 Total Marquette Bank Mou 10100 Total 5/14/2002 SOUTHVIEW COMMONS REMOVE TREE Marquette Bank Mou 10100 5/14/2002 REIMBURSE MILEAGE REIMBURSE MEALS BUFFER SIGNS Total $66.17 Marquette Bank Mou 10100 5/14/2002 $66.17 $1,004.21 $1,004.21 $591.08 $591.08 $44.85 $25.71 $643.26 Total $713.82 -2173- CITY OF MOUND Payments 05/10102 9:10 AM Page 16 Current Period: May 2002 Cash Payment E222-42260-350 Printing COPIES $3.09 Invoice 63748 Cash Payment E 101-41310-200 Office Supplies ENVELOPES $43.88 Invoice 63774 Cash Payment E 101-41500-200 Office Supplies ENVELOPES $43,88 Invoice 63774 Cash Payment E 101-42110-200 Office Supplies ENVELOPES $43.88 Invoice 63774 Cash Payment E 101-42400-200 Office Supplies ENVELOPES $43,88 Invoice 63774 Cash Payment E 101-45200-200 Office Supplies ENVELOPES $43.88 Invoice 63774 Cash Payment E 101-43100-200 Office Supplies ENVELOPES $14.63 Invoice 63774 Cash Payment E609-49750-200 Office Supplies ENVELOPES $14.63 Invoice 63774 Cash Payment E 601-49400-200 Office Supplies ENVELOPES $21.94 Invoice 63774 Cash Payment E 602-49450-200 Office Supplies ENVELOPES $21.96 Invoice 63774 Date 4/25/2002 Marquette Bank Mou 10100 Total $295.65 . ,efer 51402 ST. JOHN'S CHURCH 5/14/2002 Cash Payment G 101-22832 St. John's Church ESCROW REFUND/CLOSE $357.50 Invoice 051402 Transaction Date 4/29/2002 Marquette Bank Mou 10100 Total $357.50 Refer 51402 ST. JOSEPH EQUIPMENT, INCORP 5/14/2002 Cash Payment E 101-43100-404 Repairs/Maint Machinery REPAIR TO LOADER invoice SW37867 PO 17314 Transaction Date 5/7/2002 Refer 51402 STERNE ELECTRIC COMPANY Cash Payment Invoice 7827 Cash Payment Invoice 7834 Cash Payment E 101-43100-381 Electric Utilities Invoice 7746 Cash Payment E 101-43100-381 Electric Utilities Invoice 7192 Cash Payment E 222-42260-430 Miscellaneous Invoice 7710 Transaction Date 4/29/2002 Marquette Bank Mou Refer 51402 STREICHER'S 5/14/2002 Cash Payment E 101-42110-404 Repairs/Maint Machinery REPLACE SIRED #644 $1,069.76 Marquette Bank Mou 10100 Total $1,069.76 6/14/2002 E 101-43100-381 Electric Utilities 20 AMP POLE E 602-49450-440 Other Contractual Servic SINCLAIR GENERATOR FIXTURE REPAIR LIGHT POLE REPAIR 12-14-01 REPAIR LIGHTS 10100 Total Invoice 289599.1 sh Payment E 101-42115-210 Operating Supplies , ~voice 286662.2 PO 17393 Transaction Date 4/29/2002 BATON Marquette Bank Mou 5/14/2002 Refer 51402 THORPE DISTRIBUTING COMPAN $204.52 $72.00 $330.00 $289.68 $131.77 $1,027.97 $216.65 $418.23 10100 Total $634.88 -2174- CITY OF MOUND Payments 05/10/02 9:10 AM Page 17 Cash Payment E 609-49750-252 Beer For Resale BEER -$8.95 Invoice 259177 Cash Payment BEER $11,664.00 Invoice 259178 Cash Payment BEER $39.00 Invoice 218548 Cash Payment BEER -$8.70 Invoice 259177 Cash Payment BEER $3,481.20 Invoice 260629 Cash Payment BEER $63.70 Invoice 260628 Cash Payment BEER $12.85 Invoice 259897 Cash Payment BEER $1,998.55 Invoice 259898 Cash Payment BEER $188.00 Invoice 221380 Cash Payment BEER $256.60 Invoice 259179 -'ansaction Date 5/1/2002 Marquette Bank Mou 10100 Total $17,686.25 ......... ' '' ' KRUp~ TOR'cOR ........................................ ,efer 51402 THYSSEN- ELEVA 5/14/2002 Cash Payment E 101-41910-440 Other Contractual Servic 05-02 ELEVATOR SERVICE $158.60 Invoice 267656 Transaction Date 5/8/2002 Marquette Bank Mou 10100 Total $158.60 $176.75 Total $176.75 E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale Refer 51402 TOTAL REGISTER SYSTEMS, INC. Cash Payment E 609-49750-210 Operating Supplies Invoice 13399 Transaction Date 5/9/2002 Refer 51402 TRI-STA TE PUMP AND CONTOL, I Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 21007 PO 17297 Transaction Date 4/29/2002 TRUE VALUE, MOUND E 601-49400-220 Repair/Maint Supply E 602-49450-220 Repair/Maint Supply E 101-43100-220 Repair/Maint Supply E 602-49450-210 Operating Supplies E 101-45200-210 Operating Supplies 5/14/2002 REGISTER PAPER ROLLS Marquette Bank Mou 10100 5/14/2002 CHECK VALVE $1,214.05 Marquette Bank Mou 10100 Total $1,214.05 5/14/2002 Refer 51402 Cash Payment Invoice 043002 Cash Payment Invoice 043002 Cash Payment invoice 043002 Cash Payment Invoice 043002 Cash Payment Invoice 043002 sh Payment ,,voice 043002 Cash Payment Invoice 043002 MISCELLANEOUS SUPPLIES MISCELLANEOUS SUPPLIES MISCELLANEOUS SUPPLIES MISCELLANEOUS SUPPLIES MISCELLANEOUS SUPPLIES E 101-45200-223 Building Repair Supplies MISCELLANEOUS SUPPLIES E 101-45200-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $256.63 $388.33 $142.84 $15.70 $82.59 $2.76 $102.92 -2175- CITY OF MOUND Payments 05/10/02 9:10 AM Page 18 Current Period: May 2002 Cash Payment E 601-49400-210 Operating Supplies MISCELLANEOUS SUPPLIES $114.95 Invoice 043002 Cash Payment E 601-49400-221 Equipment Parts MISCELLANEOUS SUPPLIES $24.70 Invoice 043002 Cash Payment E 101-41910-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $12.02 Invoice 043002 Cash Payment E 281-45210-210 Operating Supplies MISCELLANEOUS SUPPLIES $27.24 Invoice 043002 Cash Payment E 101-43100-230 Shop Materials MISCELLANEOUS SUPPLIES $54.08 Invoice 043002 Cash Payment E 601-49400-230 Shop Materials MISCELLANEOUS SUPPLIES $54.08 Invoice 043002 Cash Payment E 602-49450-230 Shop Materials MISCELLANEOUS SUPPLIES $54.07 Invoice 043002 Cash Payment E 222-42260-210 Operating Supplies MISCELLANEOUS SUPPLIES $189.82 Invoice 043002 Transaction Date 5/8/2002 Marquette Bank Mou 10100 Total $1,522.73 Refer 51402 TRUE VALUE"'NA'VAARRE 5/14/2002 COUPLING, ETC $12.75 COUPLING, ETC $7.43 Marquette Bank Mou 10100 Cash Payment Invoice 099122 tsh Payment .~voice 099559 Transaction Date E 602-49450-220 Repair/Maint Supply E 601-49400-220 Repair/Maint Supply 5/7/2002 Total $20,18 Refer 51402 TWIN CITY OFFICE SUPPLY Cash Payment E 222-42260-200 Office Supplies Invoice 341759-0 PO 17368 Cash Payment E 101-41310-200 Office Supplies Invoice 341408-0 Cash Payment E 101-41500-200 Office Supplies Invoice 231308-0 Cash Payment E 101-42110-200 Office Supplies Invoice 341408-0 Cash Payment E 101-42400-200 Office Supplies Invoice 341408-0 Cash Payment E 101-45200-200 Office Supplies Invoice 341408-0 Cash Payment E 101-43100-200 Office Supplies Invoice 341408-0 Cash Payment E 609-49750-200 Office Supplies Invoice 341408-0 Cash Payment E 601-49400-200 Office Supplies Invoice 341408-0 Cash Payment E 602-49450-200 Office Supplies Invoice 341408-0 Cash Payment E 101-45200-200 Office Supplies ~oice 341408-0 aSh Payment E 101-41410-200 Office Supplies Invoice 341244-0 5/14/2002 COPY PAPER MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES TONER FILE BOX $167.02 $24.22 $24.22 $24.22 $24.22 $24.22 $8.O7 $8.07 $12.11 $12.10 $190.64 $14.73 -2176- CITY OF MOUND Payments 05/10/02 9:10 AM Page 19 Current Period.' May 2002 Cash Payment E 101-41310-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.27 Invoice 341775-0 Cash Payment E 101-41500-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.27 Invoice 341775-0 Cash Payment E 101-42110-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.27 Invoice 341175-0 Cash Payment E 101-42400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.27 Invoice 341775-0 Cash Payment E 101-45200-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.27 Invoice 341775-0 Cash Payment E 101-43100-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $0.76 Invoice 341775-0 Cash Payment E 609-49750-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $0,76 Invoice 341775-0 Cash Payment E 601-49400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.13 Invoice 341775-0 Cash Payment E 602-49450-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.10 Invoice 341775-0 Cash Payment E 101-42400-200 Office Supplies CARTRIDGE $21,26 Invoice 341775-0 ~ash Payment E 101-41310-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $19.40 ~voice 342793-0 Cash Payment E 101-41500-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $19,40 Invoice 342793-0 Cash Payment E 101-42110-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $19.40 Invoice 342793-0 Cash Payment E 101-42400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $19.40 Invoice 342793-0 Cash Payment E 101-45200-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $19.40 Invoice 342793-0 Cash Payment E 101-43100-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $6.47 Invoice 342793-0 Cash Payment E 609-49750-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $6.47 Invoice 342793-0 Cash Payment E 601-49400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $9.70 Invoice 342793-0 Cash Payment E 602-49450-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $9.68 Invoice 342793-0 CaSh Payment E 222-42260-200 Office Supplies BINDERS,CLIPS,ETC $32.24 Invoice 342039-0 PO 17367 Cash Payment E 101-42110-200 Office Supplies BATI'ERIES,ETC $115.62 Invoice 34329809 PO 17404 Cash Payment E 101-42110-200 Office Supplies JACKETS,MOUSE, ETC $48.23 Invoice 342300-0 PO 17401 Transaction Date 4/30/2002 Marquette Bank Mou 10100 Total $895.61 ~fer 51402 UNIFORMS LIMITED 5/14/2002 ~h Payment E 222-42260-210 Operating Supplies DRESS COAT $417.70 Invoice 121458 Cash Payment E 222-42260-210 Operating Supplies SILVER BAR $37.69 Invoice 122744 -2177- CITY OF MOUND Payments Page 20 Current Period: May 2002 Cash Payment E 101-42115-218 Clothing and Uniforms CLOTHING $122.55 Invoice 120957 Transaction Date 4/30/2002 Refer 51402 US FILTER Cash Payment E 601-49400-220 Repair/Maint Supply Invoice 8296347 PO 17308 Cash Payment E 601-49400-220 Repair/Maint Supply Invoice 9324954 Transaction Date 4/29/2002 Refer 51402 VIRTUAL PHONE, INCORPORATED Cash Payment E 601-49400-321 Telephone Invoice 12278 Transaction Date 5/7/2002 Refer 51402 WALLIS, LEO Cash Payment R 281-34725 Dock Permits Invoice 051402 Cash Payment R 281-34725 Dock Permits invoice 051402 Cash Payment R 281-34705 LMCD Fees voice 051402 ransaction Date 4/29/2002 Refer 51402 WESTONKA PUBLIC SCHOOLS Cash Payment G 101-22801 Deposits/Escrow Invoice 050502 Cash Payment G 101-22801 Deposits/Escrow invoice 050502 Transaction Date 5/9/2002 Refer .5~'~,02'" WIDMER, INCORPORATED Cash Payment Invoice 5259 Cash Payment Invoice 5260 Cash Payment Invoice 5261 Cash Payment Invoice 5262 Cash Payment Invoice 5263 Cash Payment Invoice 5264 Cash Payment Invoice 5265 Cash Payment O'~voice 5269 ,,~n~c, tion Dat~ .... 4/29/2002 Refer 51402 WINKLER, BOB Marquette Bank Mou 10100 Total $577.94 5/14/2002 REPAIR CLAMPS $1,111.23 SLEEVE, BOLT, ETC $395.92 Marquette Bank Mou 10100 Total $1,507.15 5/14/2002 BATTERY CELL PHONE $62.74 Marquette Bank Mou 10100 Total 5/14/2002 REFUND DOCK FEE REFUND SHARE FEE REFUND LMCD FEE Marquette Bank Mou 10100 Total 5/14/2002 PARK SCHOLARSHIP PROGRAM MUSIC PARKS FEES Marquette Bank Mou 10100 Total 5/14/2002 E 601-49400-400 Repairs & Maint Contract 03-12-02 REPLACE HYDRANT E 602-49450-400 Repairs & Maint Contract 03-22-02 FORCE MAIN BARTLETT E 601-49400-400 Repairs & Maint Contract 03-14-02 REPAIRED CURB STOP E 602-49450-400 Repairs & Maint Contract 03-01-02 REPAIR FORCE MAIN E 601-49400-400 Repairs & Maint Contract 03-21-02 WATERMAIN AT THREE POINTS E 675-49425-440 Other Contractual Servic 03-05-02 CLEAN OUT DITCHES E 601-49400-400 Repairs & Maint Contract 03-13-02 REPLACE HYDRANT AND VALVE E 602-49450-400 Repairs & Maint Contract 03-18-02 REPAIR FORCE MAIN BREAK Marquette Bank Mou 10100 5/14/2002 Total $62.74 $250.00 $80.00 $15.00 $345.OO $2,000.00 $2,000.00 $4,000.00 $435.00 $1,025.00 $1,657.50 $1,025.00 $1,332.50 $2,811.00 $1,015.00 $380.00 $9,681.00 -2178- CITY OF MOUND Payments 05/10/02 9:10 AM Page 21 Current Period: May 2002 Cash Payment E 101-45200-232 Landscape Material SAND FOR BEACHES $573.54 Invoice 042902 Transaction Date 5/8/2002 Marquette Bank Mou 10100 Total $573.54 Refer 51402 XCEL ENERGY 5/14/2002 Cash Payment E 101-43100-440 Other Contractual Servic REPAIRS FAIRFIELD/MEADOW, PLOWING $208.40 Invoice C30530 Cash Payment E 101-43100-381 Electric Utilities #0542-505-000-274 $4,814.74 Invoice 053102 Transaction Date 4/29/2002 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 455 TIF 1-2 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND 895 FIRE RELIEF FUND Marquette Bank Mou 10100 Total $5,023.14 10100 Marquette Bank Mound $78,883.81 $1,532.33 $2,922.40 $202,781.21 $72,112.11 $6,849.83 $78,157.99 $7,700.00 $2,811.00 $9,088.33 $462,839.01 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $462,839.01 $462,839.01 -2179- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com TO: MAYOR AND CITY COUNCIL FROM: BONNIE RITTER SUBJECT: AMERICAN LEGION PARADE-JUNE 8, 2002 ANNUAL CONVENTION DATE: May 10, 2002 Hennepin County and the Mound Police Department have denied the request from the American Legion for a parade to run South on 110, to CSAH 15, and West to Cypress Lane. The Legion has re-applied for a different route; to start on Maywood at Shirley Hills, South on Fairview Lane, to Bartlett Blvd, West to Wilshire and back to Maywood. Approval is contingent upon Police Department approval. printed on recycled paper -2180- CITY .OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PARADE PERMIT NO LIQUOR OR BEER MAY BE USED IN ANY OF TH~ CITY PARKS~ BUH,~GS OR Group is to remove all litter and trash and provide a d~sk to insure cleaning up of the parade Area to be Used (Streets to be used as Parade r%tte, Parade Line-up Area, ,etc. - include map if //-- t Ti~ Frame ~'5": ~ ~'~ ~: _~o ¢~ ~7 ~zS<'~ vu. ~r'~ Expected Attendance Organization .,G ~.~~Lz) /- ~, ~ ~ Representative's Name ~, /o.~L"i-' Address /~' Telephone No. Home: Drivers Lice.. Number ~' - Work: -2181 - Engineering · Planning o Surveying May 7, 2002 Ms. Kandis Hanson City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Improvement Project 2002 Mound Visions 2nd Addition Partial Payment MFRA #13646 Dear Kandis: Enclosed is Doboszenski & Sons' Payment Request No. 1 for work completed through May 3, 2002 on the subject project. The amount of this payment request is $202,781.21. Also included with the Payment Request is Change Order No. 1 in the amount of $4,807.50 for an increase in size of the forcemain structures and polyethylene encasement of the forcemain. We have reviewed this Payment Request and Change Order, find them in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MFRA John Cameron, City Engineer JC:rth cc: Gino Businaro, Finance Director Enclosure s:Xmain:'maou 13646~specs\part-pay5 -7 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mai/: mfra@mfra, com -2182- Z U.I 0 I.- Z LU I-- Z vzz 0 UJ I ~ b< ~ ~ : ~ o ~ ~ ~ '-2183- -2184- Z l-- Itl o ~ Ouz~ ,',i ~oo~ooooo~ oo~oo oo 0 -2185- I n- ~.U "r' -2186- CHANGE ORDER NO. 1 City of Mound Improvement Project 2002 Mound Visions 2nd Addition ~'#13~46 ..... ~ Increase size of forcemain structures Poly Wrap on Forcemain 3 EA at $1,450fEA 610 LF at $0.75/LF (ADD) $ 4,350.00 (ADD) $ 457.50 TOTAL TI-IlS CHANGE ORDER ADD $ 4,807.50 ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 REVISED CONTRACT AMOUNT $ 296,146.25 $ 4,807.50 $ 300,953.75 APPROVED: CITY OF MOUND BY: DATE: ACCEPTED: DOBOSZENSKI & SONS, INC. RECOMM]ENDED: MFRA s:Xmain:~noul 3646~spee¢chgorder-no 1 -2187- · ' .... FR A Engineering · Planning · Surveying May 7, 2002 Ms. Kandis Hanson City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound West Edge Boulevard Watermain Improvements Partial Payment MFRA #07953 Dear Kandis: Enclosed is S.M. Hentges & Sons' Payment Request No. 1 for work completed through May 3, 2002 on the subject project. The amount of this payment request is $57,911.67. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MFRA John Cameron, City Engineer JC:rth cc: Gino Businaro, Finance Director Enclosure s:Xmain:Xmou07953~specs\part-pay5-7 -2188- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mai/: mfra@mfra, com -2189- ~- · ~. ~' ~' · · ~ ~88o8oo8~888~ 80888888808000 ~m mm oooooooom~o~ o888o8888~o8oo o88o8o8oo~o88o -2190- CITY OF MOUND RESOLUTION NO. 02- RESOLUTION REESTABLISHING PRECINCT BOUNDARIES AS REQUIRED BY MINNESOTA STATUTES 204B.14, SUBD. 3 (C) BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Whereas the boundaries of Precincts One through Six, which consists of the. territory of Mound, Minnesota, remain unchanged following state legislative redistricting, the City of Mound hereby reestablishes these precincts with those boundaries as required by Minnesota Statutes 204B14, Subdivision 3 (c). 2. Whereas the polling Places remain at: Precinct #1 Mt. Olive Church 5218 Bartlett Blvd. Precinct ~ Seahorse Rec Building 5430 Three Points Blvd. Precinct #2 Indian Knoll Manor 2020 Commerce Blvd. Precinct #5 The Depot at Mound Bay Park 5801 Bartlett Blvd. Precinct #3 Mound City Hall 5341 Maywood Road Precinct #6 Hennepin County Library 2079 Commerce Blvd. the City Council hereby reestablishes these locations as the designated polling places for the stated precincts in accordance with Minnesota Statutes 204B.18. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this day of ,2002. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2191- 5341 Mayxvood Road Mound, MN 55364 EXECUTIVE SUMMARY TO: Honorable Mayor and Council FROM: Community Development Director Sarah Smith DATE: May 9, 2002 SUBJECT: Variance(s) Application - Parking Lot Improvements APPLICANT: Brett Anderson PLANNING CASE NUMBERS: 02-10 LOCATION: 2136 Belmont Lane ZONING: R-3 Residential COMPREHENSIVE PLAN: Residential SUMMARY At its May 6, 2002 meeting, the Planning Commission reviewed the variance(s) request from Brett Anderson to allow expansion of the parking lot located on the west side of the existing 4- plex located at 2136 Belmont Lane. The project also includes the replacement of a timber retaining wall with an interlocking block wall system and construction of a 10'x 10' refuse storage enclosure to be located in the southwest corner. The primary purpose for the proposed improvements is to correct a long-standing refuse storage issue as well as to provide additional parking for the multiple-family structure. Specific details regarding the proposal are contained in iPlanning Report No. 02-10 which has been included as an attachment. The requested variances are identified as follows: Required Existing Proposed Variance Parking lot - front setback Parking lot - side setback (N) Parking lot - side setback (S) Required number of parking stalls Reduced parking stall size (20 a) (20 a) (0) (20 ~) (]0 a) (0) (0) (10 a) (10 fi) (40 ~) (9.34 fi) (.66 in) (10) (4) (6) (4) (t0'x 20') (10'x 14.5') (5.5 ~) -2192- OVERVIEW OF PLANNING COMMISSION MEETING Members of the Planning Commission reviewed the application and expressed support for the project as the site improvements will correct a long-standing refuse storage problem and will also provide additional parking. Members of the Planning Commission further discussed whether or not an opportunity exists for the City to offer financial incentives and/or funding assistance when improvements such as this are undertaken. A number of suggested revisions were also recommended by the Planning Commission including relocation of the retaining wall and parking lot further east so that the new facility will meet the current code requirements. The Planning Commission also supported City staff's position that the south setback should be increased to ten (10) feet therefore eliminating the need for an additional variance. Details regarding the Planning Commission's review of the application are included the May 6, 2002 Planning Commission meeting minute excerpts which have been included as a separate attachment. ADDITIONAL COMMENTS Based on discussions with the applicant, it is City staff's understanding that he is contemplating whether or not the proposal may be implemented in full and may consider an alternate proposal to address the refuse storage structure which may eliminate the need for variance(s) and/or a Public Lands Permit. PLANNING COMMISSION RECOMMENDATION Based on its review, the Planning Commission unanimously to recommend approval of the variance request(s) for the property located at 2136 Belmont Lane subject to the following conditions: 1. The City Council approves a Public Lands Permit to allow excavation activities and the continued use of the Belmont Lane right-of-way for parking purposes. 2. The setback on south side of the proposed parking area is increased to (10) feet in order to meet the minimum requirement of the R-3 District. The applicant procures the necessary permits from the City including, but not limited to, a building permit, a grading permit and street excavation permit and submits all appropriate information. 4. The request shall be made subject to all comments from City staff including the City Engineer and Public Works Director. 5. The retaining wall and parking area is moved further east so that the proposed parking stall size can be increased to 10'x 20' and therefore will meet City Code. -2193- 6. The applicant shall be responsible for payment of' all costs associated with the variance application. A draft resolution based on the Planning Commission's recommendation has been included as an attachment. ATTACHMENTS · Draft resolution 02-__ based on March 4, 2002 Planning Commission recommendation · Minutes excerpt from May 6, 2002 Planning Commission meeting · Planning Report No. 02-10 · Resolution No. 89-97 - 30 foot lakeside setback variance for 4770 Northern Road · Letter from Travis Germundson of DNR dated March 6, 2002 · Email memo(s) from Mike Wyatt of MCWD dated March 5, 2002 -2194- RESOLUTION # 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING VARIANCES TO ALLOW PARKING LOT IMPROVEMENTS FOR THE PROPERTY LOCATED AT 2136 BELMONT LANE PID# 13-117-24-32-0095 P & Z CASE # 02-10 WHEREAS, the applicant, Brett Anderson, has submitted a variance(s) application to allow expansion of the existing parking lot located on the west side of the existing 4-plex structure located at 2136 Belmont Lane; and WHEREAS, the proposal, as submitted, also includes the replacement of a timber retaining wall with an interlocking block wall system and construction ora 10' x 10' refuse storage structure to be located in the southwest corner which will correct a long- standing refuse storage problem; and WHEREAS, the requested variances are identified as follows: Required Existing Proposed Variance Parking lot - front setback (20 ft) (20 ft) (0) (20 ft) Parking lot - side setback (N) (10 fi) (0) (0) (10 ft) Parking lot - side setback (S) (10 ft) (40 ft) (9.34 R) (.66 in) Required numbei~ of stalls (10) (4) (6) (4) Reduced parking stall size (10'x 20') (10'x 14.5') (5.5 ft) WHEREAS, the subject property is zoned R-3 Residentiali and WHEREAS, multiple family structures are permitted uses in the R-3 District; and WHEREAS, the existing site is non-conforming due to several conditions including deficient lot area size and width, side and rear building setbacks, side and front parking lot setbacks, deficient parking stalls and inadequate parking stall size; and -2195- WHEREAS, the proposal will increase the number of parking stalls from four (4) to six (6) and will bring the property closer into compliance with the City Code; and WItEREAS, City staff has reviewed the application and recommended approval of the variance(s) application subject to conditions; and, WHEREAS, the Planning Commission has reviewed the application at May 6, 2002 meeting and has recommended approval of the variance(s) subject to conditions. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the variances as requested by the applicant with the following conditions: 1. The City Council approves a Public Lands Permit to allow excavation activities and the continued use of the Belmont Lane right-of-way for parking purposes. 2. The setback on south side of the proposed parking area is increased to (10) feet in order to meet the minimum requirement of the R-3 District. The applicant procures the necessary permits from the City including, but not limited to, a building permit, a grading permit and street excavation permit and submits all appropriate information. 4. The request shall be made subject to all comments from City staff including the City Engineer and Public Works Director. 5. The retaining wall and parking area is moved further east so that the proposed parking stall size can be increased to 10'x 20' and therefore will meet City Code. 6. The applicant shall be responsible for payment of all costs associated with the variance application. BE IT FURTHER RESOLVED, the City Council of the City of Mound does hereby approve the variances for the following legally described property: Lots 22 & 23, Block 6, Lakeside Park, A.L. Crockers lst Division, Hennepin County, Minnesota. -2196- The foregoing resolution was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: ',, The following Councilmembers voted in the negative: Adopted May 14,2002 and Pat Meisel, Mayor Attest: City Clerk -2197- MINUTES MOUND ADVISORY PLANNING COMMISSION MAY 6, 2002 1. CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:30 p.m. 2. ROLL CALL Those present: Vice Chair Orvin Burma; Commissioners: Jorj Ayaz, Jerry Clapsaddle, Becky Glister, Cklair Hasse, Michael Mueller, Frank Weiland and Council Liaison Bob Brown. Absent and excused: GeoffMichael. Staff present: City Planner Loren Gordon, Community Development Director Sarah Smith and Recording Secretary Jill Norlander. The following individuals were present: John & Kathy Aquilina - 3030 Island View Drive, Paul Glyrm - 4600 Cumberland Road, Dan Hutchson - 4432 Radnor Road, Greg & Kathy Fall - 3036 Island View Drive, Helen Ohnesorge - 3066 Island View Drive, Burt Carlson - 4432 Denbigh Road, Brett Anderson - 5604 Chowen Avenue South. 3. APPROVAL OF APRIL 15, 2002 MEETING MINUTES MOTION by Weiland, seconded by Clapsaddle, to approve the minutes of the April 15, 2002 Planning Commission meeting. MOTION carded unanimously. 4. BOARD OF APPEALS CASE #02-10 Variance - Parking lot improvements Brett Anderson 2136 Belmont Lane Anderson is new owner of the four-unit apartment complex and is proposing improvements to upgrade the parking facilities and garbage containment area. Specifically, he wishes to add 2 parking spaces, bringing it closer to compliance, and a screened garbage storage area. The proposal does not affect any of the setback issues, however, the parking area is in non- compliance due to deficient setback area. The following permits will be required: a Public Lands permit (to allow use of the city-owned portion), a building permit (for the garbage screening facility), a grading ~ermit and a street excavation permit. The property is zoned multiple family and the present use is permitted in this district. Lot area is deficient. Parking facilities are deficient (should be 10 with a portion provided indoors). Parking stalls are deficient in size (should be 10 x 20'). The current non-conforming issues on this property are not made worse by this plan. Staff is suggesting hard surface driveway similar to the other apartment buildings in the area. The building is bordered on all sides by like buildings. All the neighboring properties have undergone similar improvements. City staff regards the dumpster screening as a positive. -2198- Planning Commission Minutes May 6, 2002 Staff recommends that the variance be approved with the following conditions: O~41~ 1. The City Council must approve a Public Lands permit. 2. The setback on south side should be increased to 10 feet to meet the R-3 requirement. 3. Applicant must obtain building, grading, street excavation and other permits as necessary. 4. The request shall be made subject to all comments from City staff. 5~ The appli~anti§-r~sp6ii§ibl~f6r'all-fees~associate~d~vith-th~ Van~ceapP-lib~fib-n. - ....................... Weiland thought that the slope should be graded so the retaining wall stays under 4 feet and the retaining wall be moved closer to the building so parking is further off Belmont. Smith indicated that staff would like the parking spaces increased to 10' x 17'. Mueller was very supportive of changes to these properties to improve their appearance. He felt we should encourage owners to clean these properties up as much as possible and was very comfortable in granting variances for this purpose because the City of Mound would be better off in a long mn. ' Brown felt the 6 inch variance on the south side should be moved to 10 feet to eliminate the need for a variance on that side. Smith concurred. Glister was in support of this project and, because there is a hardship, it is not setting a precedent for smaller parking stalls. Clapsaddle indicated that, if the only reason for the short parking spaces was to line up the retaining wall with the wall on the property adjacent, it was a very arbitrary reason. Structurally, the building could handle the narrower greenspace and perhaps we should use this oppommity to establish a criteria for the other properties to follow in the future. Discussion Brett Anderson - 5604 Chowen Avenue South: The increased grading and dirt removal may be cost prohibitive. Money might be the deciding factor whether he does only the dumpster enclosure vs. including the parking. The steps are set out into the parking area now and will be set in. Mueller observed that there will always be a variance here because of the parking space deficiency and the north and east setbacks. It is ridiculous to ask for compliance on something that will still be varianced. MOTION by Brown, seconded by Mueller, to accept the proposal except that the south side setback be made 10 feet and parking stalls be made 20 feet. Mueller is in favor of this motion but is concerned that we are not encouraging these property owners to upgrade. By encouraging improvement of the property we make Mound a better place to live. -2199- Planning Commission Minutes May 6, 2002 DRAFT Finding of Fact: If there is a way to help the property owner with the cost of this improvement the City Council is asked to pursue that. A discussion followed regarding the lack of money as a hardship. It was concluded that it was covered under State Statute and that, combined with other factors, it could be considered a hardship. Mueller suggested an amendment to motion as follows: that the City Council explore other opportunities to eliminate or reduce permit/engineering costs to help with the property owner's expenses. Brown accepts the amendment - but - he can only suggest it, not guarantee the City Council will go along with it. MOTION carded unanimously -2200- 5341 Ma)wood Road Mound, MN 55364 (952) 472-3~90 PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: May 1, 2002 SUBJECT: Variance(s) Request OWNER/APPLICANT: Brett Anderson PLANNING CASE NUMBER: 02-10 LOCATION: 2136 Belmont Lane ZONING: R-3 Multiple Family Residential COMPREHENSIVE PLAN: Residential BACKGROUND The applicant, Brett Anderson, purchased the property located at 2136 Belmont Lane in 2001 and has submitted a variance(s) application to allow expansion of the parking lot located on the west side of the existing 4-plex. The project also includes the replacement ora timber retaining wall with an interlocking block wall system and construction of a 10'x 10' refuse storage enclosure to be located in the southwest comer. The primary purpose for the proposed improvements is to correct a long-standing refuse storage issue as well as to provide additional parking for the multiple-family structure. The requested variance(s) are identified below: Required Existing Proposed Variance Parking lot - front setback Parking lot - side setback (Iq) Parking lot - side setback (S) Required number of parking stalls Reduced parking stall size (20 It) (20 a) (0) (20 e) (10 it) (0) (0) (10 ft) (10 it) (40 It) (9.34 It) (.66 in) (10) (4) (6) (4) (10'x 20')(lO'x 14.5') (5.5 it) LEGAL DESCRIPTION Lots 22 & 23, Block 6, Lakeside Park, A.L. Crockers 1st Division, Hennepin County, Minnesota. -2201 - that the proposed project also requires the approval of a number of other City permits which include, but are not limited to, the following: 1. Public Lands Permit (NOTE: Requires City Council approval for excavation and placement of structure on right-of-way) Building Permit Grading Permit Street Excavation Permit ISSUES ANALYSIS Zoning. The subject site is zoned R-3 Multiple Family Residential. Multiple family structures (3-6 units) are a permitted use in the R-3 District. The minimum lot requirements of the R-3 District are set forth in City Code Chapter 350:635 Subd. 5. Site Conditions. The subject property includes an existing multiple-family structure which includes four (4) rental units. The existing parking lot is located on the west side of the property and currently extends on to the Belmont Lane right-of-way and accommodates approximately four (4) cars. The proposal, as submitted, will allow for an additional two (2) stalls to be parked on the subject site. Non-Conforming Structures/Uses. There are a number of non-conforming conditions associated with the subject property including deficient lot size / width and deficient side and rear yard setbacks for the existing 4-plex building. The proposal does not affect these issues. The site is also deficient adequate parking according to City Code Section 350:635.5 (D) as there are only (4) designated stalls on the subject property. The proposal, as submitted, will increase the number of parking stalls to six (6) if approved and will bring the property closer to compliance with the current parking regulations of the R-3 District which requires a minimum of (10) parking stalls. City Code Chapter 350:420, Subd. 9 regulates non-conforming buildings in the City of Mound and states that non-conforming principal and accessory structures may be expanded, enlarged or modified or conforming structures can be added provided that the expansion, enlargement, or modification meets the current zoning regulations and no other non-conformities are created. Variances Required. The applicant, is requesting variance(s) approval to exPand the existing parking area which is currently non-conforming due to deficient setbacks in order to expand the existing parking lot. Variance(s) to address the parking stall shortage and to allow a reduced parking stall size are also necessary. -2202- Required Parking Stalls. City Code Chapter 350:635, Subd. 5 (D) 1 requires 2 ½ parking spaces per unit (1) of which must be indoors and 1 ½ which may be outdoor parking. Therefore, a total of (10) parking spaces are required. There are currently approximately (4) stalls located oh-ttie- S-ubj~t- ~i~ -Th¥is~-op6SalYVilI pr6x~ide'~/n'~/dditi0fi/il-'(2ystaii-S"~f6i~a~dtal a parking stall shortage exists. No indoor parking is provided on the site. Parking Stall Size. City Code Chapter 350:635, Subd. 5 (D) (3) requires that all outdoor parking stalls shall be a minimum size of 10'x 20'. The existing and proposed stalls are approximately 10' x 14.5' therefore a variance is necessary. Parking Lot Surface. City Code Chapter 350:635, Subd. 5 (D) (5) requires that all interior parking areas shall be of blacktop or concrete construction. The surface of the proposed parking facility is gravel-based. The City Engineer has recommended that the parking area(s) be paved. Parking / Driveway / Refuse Storage Coverage Requirements. As set forth in Chapter 350:635, Subd. 5, (C) (3), (40) percent of the area may be used for parking, driveways, garages, refuse areas, storage areas, and other permitted uses. The parking/driveway coverage on the subject site is approximately (13) percent and therefore meets the current requirements. Green / Landscaping Coverage Requirements. As set forth in City Code Chapter 350:635, Subd. 5, (C) (2), a minimum of(30) percent of the lot area shall be green and/or landscaped. The greenspace on the subject site is approximately (65) percent and therefore meets the current requirements. Hardcover. Hardcover on the subject site cannot exceed (40) percent. Please refer to the hardcover calculation sheet which has been included as a separate attachment. CITY DEPARTMENT REVIEW Copies of the request departments for review summarized below: and all supporting materials were forwarded to all applicable City and comment. All written comments received to date have been City Engineer John Cameron Public Works Director Skinner See memorandum which has been included as a separate attachment. It appears the water shutoff valve may be located in the parking area. If possible, the water shutoff valve should be moved to an alternate location acceptable to City staff and included on a revised as-built survey. It is also recommended that the depth of the parking area be increased an additional 2-3 feet in order to minimize encroachment. -2203- DISCUSSION POINTS four (4) multiple family structures which front Belmont Lane and four (4) buildings which front Basswood Lane. 2. It appears that similar site improvements have been undertaken on neighboring properties in recent years. 3. The opportunity to properly store and screen the refuse dumpster is viewed as positive and will also bring the property into compliance with the City Code requirements. While the parking stalls are deficient in size according to the City Code, they are probably close to the standard parking stall size as a portion of the right-of-way along Belmont Lane is being used for parking purposes. 5. Retaining walls have historically not been subject to setback requirements as they are deemed to be allowable landscaping encroachments. 6. Retaining walls which exceed four (4) feet in height require the issuance of a building permit as well as the submittal of specifications signed by a Professional Engineer. The proposal, as submitted, will correct a long-standing refuse storage issue which pre- dates the current owner and will also provide additional parking to accommodate the tenants of existing 4-unit structure. Additionally, the proposed improvements will also visually enhance the subject site. 8. The proposed retaining wall will be similar in size, color and design to the existing wall located immediately north. SITE INSPECTION City Officials and Board Members are encouraged to visit the subject site prior to the meeting. 60-DAY TIMELINE The application was deemed to be complete on or around March 29, 2002. Pursuant to M.S.S. 15.99, the City has 60 days to approve or deny the application unless an extension has been requested by the municipality. The timeline for approval / denial of the application from Brett Anderson expires on or around May 27, 2002. -2204- NOTIFICATION While the City Code does not require public notification for variance requests, current City policy indicates that adjacent property owners are notified as a courtesy. Member of the property owners on May 3, 2002. RECOMMENDATION City staff recommends that the variance request(s) from Brett Anderson to allow the parking and refuse storage improvements be approved subject to the following conditions: 1. The City Council approves a Public Lands Permit to allow excavation activities and the continued use of the Belmont Lane right-of-way for parking purposes. 2. The setback on south side of the proposed parking area is increased to (10) feet in order to meet the minimum requirement of the R-3 District. The applicant procures the necessary permits from the City including, but not limited to, a building permit, a grading permit and street excavation permit and submits all appropriate information. 4. The request shall be made subject to all comments from City staff including the City Engineer and Public Works Director. 5. The applicant shall be responsible for payment of all costs associated with the variance application. CITY COUNCIL REVIEW Tentatively, the variance and public lands applications will be forwarded to the City Council for review at its Tuesday, May 14, 2002 meeting in the event a recommendation from the Planning Commission is made at its Monday, May 6, 2002 meeting. ATTACHMENTS · Landscaping Proposal / Project Narrative - LNR November 15, 2001 · Variance application · Hardcover calculation sheet · Memorandum from City Engineer dated May 2,2002 · Survey from Sathre-Bergquist dated February 8, 2002. · Digital photos - 2136 Belmont Lane Suburban Landscaping Inc. dated -2205- L & R SUBURBAN LANDSCAPING, INC. Brett Anderson 2136 Belmont Lane Mound, MN 55364 H (952)925-$656 F (952) 922-7229 Landscape Proposal Additional Parkin£ Area Installation: Installation procedure includes: 1.) Remove soil from a 24' x 40' x 6-1/2' area, includes hauling off.site. 2.) Remove existing timber wall with disposal, includes existing concrete step with wood sides. 3.) Install 450 square feet of retaining wall using a 7" x 12" x 16" 3-way red London stone wall to match neighboring wall color and style, to contain hill bank areas for new and old wall application. Installation includes: -Install a crushed gravel base with compaction. -Set base block below grade for wall support. -Install 3/4" pea rock with a fabric liner and three vents out wall with 4" tile. -Backfill walls using on site material. -Wall sizes 5' x 17', 5' x 18', 5' x 40' and 4' x 20'. 4.) Install a new block step with a simple handrail. 5.) Install a two-sided privacy fence for dumpster. Installation includes: -Install (3) 3" support posts. -Install 17' of chain link fence with two privacy laths. -Install (1) 5' gate door with a 3" post. -Approximate size to be 7' x 10'. -Set in south corner of parking area up against wall area. -2206- L & R SUBURBAN LANDSCAPING, INC. crushed minus driveway rock, includes compaction. 7.) Install dirt and seed over all edges and clean up of work site. *Complete Landscape Proposal as Outlined: $15,500.00 -2207- .J -2208- City of Mound VARIANCE APPLICATION Application Fee: $200.00 P!anning Commission Date Case No. O2-/0 ]~~ ............. City Planner ...... DNR "~:~ Ci~ Engineer . P~KS' ~ Public Works Other Please e )tint le;lil LEGAL Lot DESC. Subdivision ...... PROPER. Nam, ~3C~ ~~)e~~ ........ Address . APPLICANT Name 0F OTHEE ~dr~s TH~ OWNER) Phone (H) ~). .(M) "1, Has an application ever been ~a.~Ie for zoning, vafianca, conditional use permit, or other zoning.procedure for this property? Yes ( ) No (~. If yea, list date(s) of application, action taken, resolution number(s) and provide copies of resolutiofls. Variance Application Page 1 of 3 Revised 01,/30/02 Detailed description of proposed constr~tion or alteration (size, number of stories, type of use, etc.): -220@- · fc~f ~ari.~n~ 're~ Lle.~,t;-i,e: 'setback'; iot~;,pre~ etc:)~: ......... ,~ ....................'~ ............. ~..E..~.~J~: 1~'"'~ REQUIRED REQUESTED (or existing) Front Yard: ( N S E W ) Side Yard: ( N S E W ) · Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) : (NSEW) Street Frontage: Lot Size: Hardcover: ft. ff. ff. ft. ft. ft. ff. ff. ft. ft. ft. ff. ff. ff. ft. ft. ft. ff. sq ff sq ft .sq ft .sq ft .sq ff ~sq ff 4. Does the present use o~ th~ property conform to all regulations for the zoning district in which it is located? Yes (), NO 00. tf no, specify each non-conforming use: 5. Which unique physical characteristics of the subject property prevent its reasonable use for any. of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil · ( ) too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify Please describe: Variance Application Page 2 of 3 Revised 01/30/02 -2210- 03/12/02 11:30 Yk.,~ 9524720879 CITY 0F MOUND ~009 Case No. (~ ~-/O after the zoning ordinance was adopted (1982)? Yes (), Elo {~. if yes~ explain: 7. Was the hard~hij~created by any other man-made change, such as the relocation of a road? Yes (), No (~. If ¥~, explain: 8. Are the c~nditions of hardship ~r which you request a variance peculiar only to the property described in this petition? Yes (), No ("~. I~' no, list some other properties which are similarly affected? 9. Comments: I 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 acknowledge that I have read all of the variance Information provided. I consent to the entry in or upon the premises descidbed in this application by any authorized official of the City of Mound for the purpose of inspectlng4or ~f posting, maintaining and removing such notices as may be required by Law. , A /~1 / ow..,....,...ur. ,,, Applicant's signature. Date Variance Application Page 3 of 3 .~a~aed 0'1/'30/02 -2211- CITY OF MOUND HARD~3OVER CALCULA'I'IONS LOTAREA ~O(~,) SQ. FT. X 40% = (for Lots of Record) ............................. t '~,.~O(2~ J LOT AREA SQ. FT. X 15% = (for detached buildings only) ..................F- J · Existing Lots of Recorci may have 40 percent coverage provided that technlque~ are utilized, a~ outlined in Zoning Ordinance Section 350:1225, SubcL 6.B.1 (see ba~). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT TOTAL HOUSE .................................................... DETACHED BUILDINGS 'GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. X ~ TOTAL DETACHED BUILDINGS ............................... DECKS Open deck~ (1/4" min. Opening between boards) with a pervious surface under are not ~ounted as hardcovar, X ~ qo 15 _. X X X TOTAL DECK ....................................................... X = X TOTAL OTHER .................................................... TOTAL HAR~COVER / IMPERVIOUS SURFACE .~.~.~ ~' I J~ ~'~ PREPARED BY DATE Rev 08-2~-94 I S6 / -2212- Engineering · Planning · Surveying MEMORANDUM DATE: May 2, 2002 TO: Sarah Smith, Community Development Director FROM: John Cameron, City Engineer ~, RECEJVFP SUBJECT: City of Mound · M/~Y 3 2002 ~ .: .,. Variance Case g02-10 MOUND PL/~I~IFIII~/~J .& .i'. , .: Brett Anderson, 2136 Belmont Lane '" · ...... MFRA #13729 As requested, we have reviewed the survey submitted with subject variance application and have the following comments and recommendations. The proposed retaining wall is shown with a setback of 14 1/2 feet from the right-of-way line. The boulevard is approximately six feet wide. Even if a vehicle parks with the front bumper against the wall, the rear will extend substantially into the boulevard. We would suggest that the wall be moved back an additional 2 1/2 feet which would result in a setback of 17 feet. This will greatly reduce the encroachment into City right-of-way and also match the setback of the existing modular block wall to the north. 2. The parking area is shown with a gravel surface. We would highly recommend this area be paved to prevent gravel from washing into the street. s:~-ain:~mou 13729\correspondence~smith5 - 1 The concrete curb must be removed in the area of the additional parking and a new concrete apron installed which matches the existing apron to the north. The proposed retaining wall appears to be over four feet high, which requires engineering data signed by a Registered Engineer. 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mai/: mfra@mfra.com -2213- -2214- -2215- -2216- THIS PAGE IS INTENTIONALLY LEFT BLANK -2217- 0 %/ BELMONT- LANE 80.00 (PLAT)G ~79.91 (MEAS.) I'1'1 Z 0 "'1" I1 E) x -.,--23.51~" i 80.00(¢~^T) I 3.6.~7 !1 ~-17.56.~ c.. ~ "r 0 ~n ~o mo Om Z Or'- o-I 0;~ o~ CERTIFICATE OF SURVEY PREPARED FOR BRITT AND~..RSON SATHRE-BERGqUIST, INC. CITY OF MOUND,MINNESOTA i~,~/ ,S0SOUmB,0,DWA¥.W,¥ZA'A, UN. SS'"'(952) 476-6~0 ~ , r 5341 Maywood Road Mound, MN 55364 (952) 472-3190 PUBLIC LANDS REPORT TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: SUBJECT: Mound Council and Staff Sarah Smith, Community Development Director May 6, 2002 Public Lands Permit Application - 2136 Belmont Lane Brett Anderson Belmont Avenue Right-Of-Way (ROW) Parking Lot Improvements / Refuse Storage Structure REQUEST The applicant, Brett Anderson, purchased the property located at 2136 Belmont Lane in 2001 and has submitted a Public Lands Permit application to allow expansion of the parking lot located on the west side of the existing 4-plex. The project also includes the replacement of a timber retaining wall with an interlocking block wall system and construction of a 10'x 10' refuse storage enclosure to be located in the southwest corner. The primary purpose for the proposed improvements is to correct a long-standing refuse storage issue as well as to provide additional parking for the multiple-family structure. LEGAL DESCRIPTION Lots 22 & 23, Block 6, Lakeside Park, A.L. Crockers ]st Division, Hennepin County, Minnesota. CITY CODE 320 - PRIVATE STRUCTURES AND PRIVATE CONSTRUCTION ACTIVITIES ON PUBLIC LAND City Code 320.01 regulates private structures and private construction activities on public land in the City of Mound. Specifically, Subd. 3 regulates the continuation of an existing enroachment(s) and Subd 4 regulates land alteration activities CITY PERMITTING ISSUES Members of the City Council are advised that the proposed project also requires the approval ora number of other City permits which include, but are not limited to, the following: 1. Variances 2. Building Permit 3. Grading Permit 4. Street Excavation Permit -2219- PROJECT DETAILS Details regarding the project are outlined in Planning Report No. 02-10 dated May 1, 2002. The proposal was reviewed by the Planning Commission at its May 6, 2002 meeting as the project requires a number of variances. Based on its review, the Planning Commission unanimously recommended approval of the variance(s) application subject'to specific conditions including, but not limited to, the establishment of a ten (10) foot parking lot setback on the south side and the extension of' the parking lot to the east in order to provide for a standard parking stall size of' 10' x 20'. ADDITIONAL COMMENTS The proposal will correct a long-standing refuse storage problem which predates the current owner and bring the property into compliance with the City Code. 2. The proposal will visually improve the subject site. Based on discussions with the applicant, it is City staff's understanding that he is contemplating whether or not the proposal may be implemented in full and may consider an alternate proposal to address the refuse storage structure separately which may eliminate the need for variance(s) and/or a Public Lands Permit. SITE INSPECTION City Officials and Board Members are encouraged to visit the subject site prior to the meeting. RECOMMENDATION City staff recommends approval of the Public Lands Permit request from Brett Anderson subject to the following conditions: 1. The City Council approves the variance(s) request. The applicant procures the necessary permits from the City including, but not limited to, a building permit, a grading permit and street excavation permit and submits all appropriate information. 3. The request shall be made subject to all comments from City staff including the City Engineer and Public Works Director. ATTACHMENTS · Draft resolution · Public Lands Permit Application dated May 8, 2002 2 -2220- FROM : BRETT ANDERSON APPRAISAL FAX NO. : 952 922 7229 Ma~. 10 2002 09:58AM 'City of Mound PUBLIC ,LANDS APPLICATI~)N Dock CommIssion Date .D_J$=TrR! UTIO_N City Council V__ Building Official Parks Director _ ~- _. _ DNR __ - MCW~_,~I V Public Works ~' Other CONSTRUCTION ON PUBLIC LAND PERMIT -new construction. NO] PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). PUBLIC LAND MAINTENANCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Subd. 3). CONTINUATION OF STRUCTURE -to allow an existing encro_achment to remain in an "as is" condition (City Code Section 320, Subd. 3). Date Received __~~ X LAND ALTERATION - change in shoreline, drainage, slope, trees, vegetation, fill, × etc. (City Code Section 320, Subd. 4). The struotare or work you are requesting ks an a~ivity on publioly owned lands. Structures like boat houses, patios, . etc. are all NONCONFORMING U~ES. It Is the intent of the City to bring all these uses into confo~'nance, which [hat L'hose structures Will at some time in the f~ture have to be removed from the public lands. Alt permits are granted for a limited time and are non-transferable..~tai~wey construction must meet the State But[ding Code whe~ permit is for new ~onstruotion, or a new permit Is applied for due to a change in dock site holder. Please t~pe m; prl~t_leglbl_y._. ,,, Phone (Hi ~ . ..... (Mi LEGAL. Lot SubdMsion ZONING DISTRICT R-1 R-lA R-2 ,?~ B,-1 B-2 B-3 Public Lands Permit Application Page 1 of 2 Revised 03/20/02 -2221 - FROM BRETT ANDERSON APPRAISAL FAX HO. : 952 922 ?229 Maw. 10 2002 09:59AM P3 PUBLIC Name PROPER'i~ Pul~lio Lends Permit AppIIcal~on Page 2 of 2 Revised 03/20/02 -2222- CITY OF MOUND RESOLUTION # 02- A RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR BRETT ANDERSON AT 2136 BELMONT LANE PID: 13-117-24-32-0095 WHEREAS, the applicant is seeking a Public Lands Permit to allow excavation and construction activities in the Belmont Avenue right-of-way to expand the parking lot located in front of the existing 4-plex structure as well as continued encroachment of the parking lot in the public right-of-way; and WHEREAS, the proposal will correct a long-standing refuse storage problem which predates the current owner; and WHEREAS, City Code Section 320, requires City Council approval by a majority vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons; and WHEREAS, the Planning Commission discussed the proposal at its May 6, 2002 meeting as the project also requires a number of variances; and WHEREAS, the Planning Commission unanimously recommended approval of the variance(s) application subject to conditions; and WHEREAS, the City Council considered this request at their meetings of May 14, 2002; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Public Lands Permit as submitted by Brett Anderson subject to the following condition(s): 1. The City Council approved the variance(s) application. -2223- The applicant procures the necessary permits from the City, including, but not limited to, a building permit, a grading permit and street excavation permit and submits all appropriate information. The request shall be made subject to all comments from City staff including the City Engineer and the Public Works Director. The foregoing resolution was moved by Councilmember by Councilmember The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 14th day of May 2002. and seconded Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk -2224- Arthur J. Gallagher & Co. of Minnesota, Inc. May 6, 2002 Mr. Gino Businaro, Finance Director City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2002 LMCIT Insurance Renewal Dear Gino: There is a small decrease in your City's total renewal premium, from $147,235 to $144,333. While most insurance costs are increasing, your City has been able to avoid this addkional expense even though your Workers' Compensation has increased. Workers' Compensation - estimated deposit premium increased from $35,853 to $41,996 due to: 1) The Experience Modification increased from .87 to .88, which is still a 12% credit. 2) Estimated payroll increases, and a 7% average Workers' Compensation rate increase. 3) The Managed Care premium credit reduction from 5% to 3%. LMCIT Package -the premium decrease is primarily due to: 1) Property-The LMCIT increased the property values 1.011% for inflation. 2) Municipal Liability (including Public Officials Liability)-Liability rates are unchanged, but your estimated operating expenditures increased from $3,241,240 to $3,713,410. Your experience rating charge is down 17% becau se of excellent claims experience during the 2/01/00-0 l policy year. The biggest Liability premium impact continues to be Land Use claims. 3) Automobile Physical Damage premium has decreased from $20,576 to $12,623. This is due to the LMCIT enforcing the rule that only high cost vehicles 10 years or newer can be covered for Replacement Cost. The 2/1/01-02 policy had 9 vehicles on Replacement Cost, but after 2/1/02 only the 1995 Ford Sewer Truck and the 1995 Freightliner Pumper have Replacement Cost coverage. Land Use and Employment Practice losses are given more penalty weight than other general or automobile claims in the LMCIT liability premium experience rating system. Essentially, these losses are "counted double" their defense and loss costs, as these claims often depend on the City's own discretionary decisions. In addition, on Land Use, Development or Franchise Litigation claims the City must pay 50% of any defense costs incurred prior to reporting the litigation to the LMCIT. After the litigation has been reported, the City has to pay 15% of the incurred defense costs from $50,000 to $250,000, and then 40% of any defense costs in excess of $250,000. The 7825 Washington Avenue South #300 Minneapolis, MN 55439-2433 952.944.8885 Fax 952.944.9795 Toll Free 800.373.2457 www.ajg.com - 2225- City is also responsible for ! 5% of any damages which the "city" shall be required to pay. Open Meeting Law Defense Cost Reimbursemem is an LMCIT coverage your City has chosen. The policy definition is: "Open Meeting Law lawsuit" means a lawsuit seeking penalties against a city official based on an allegation that the city official has violated M. S. 471.705, commonly known as the Minnesota Open Meeting Law. I am looking forward to continuing to work with you in providing for the City's insurance needs. Sincerely, Carl A. Ben~ -2226- CITY OF MOUND CLAIMS ANALYSIS (AS OF 3/31/02) 1997-98 1998-99 1999-00 2000-01 2001-02 PAID LOSSES 17,602 39,281 79,144 1,039 108,809 PAID EXPENSES 130,445 72,698 46,992 0 39,901 RESERVE LOSSES 0 0 0 0 3,001 RESERVE EXPENSES 0 0 0 1 10,001 TOTAL ENCURREDAMOUNT 148,047 111,979 126,136 1,039 16,712 SAL/SUBRO AMOUNT 0 0 -1,120 0 -300 DEDUCTIBLE RECOVERY -5,000 -8,050 -5,798 -1,000 -6,420 DEDUCTIBLE: $500 PRIOR TO 2/1/97, AND $1,000 THEREAFTER. CLAIMS: (CLOSED OVER $5~000 COST AND SELECTED OPEN CLAIMS) CLAIM # DATE 11016835A-C 01/13/97 11019873 02/01/92 11022581 05/15/98 11022635 11/25/97 11025400 01/04/99 11026123A-D 03/08/99 11029780 04/21/98 11034139A-C 01/09/01 11036015A-Q 06/11/01 11036080 06/14/01 11037340A-B 08/01/01 DESCRIPTION Insured's plow hit claimant's vehicle, which struck garage (Paid Loss $4,649 + $1,308) (Claim made 8/14/97) Land Use easement rights (Paid Loss $0, Paid Expense $130,363) Property storm debris removal (Paid Loss $16,706) (Claim made 5/13/98) Land Use, Writ of Mandamus (Closed Pd Defense $72,698, Pd Loss $0) Lift station motor explosion (Paid Loss $10,712) Insured's vehicle hit utility pole (Paid Loss $12,398) (Claim made 5/21/99 - Westonka ISD- Alleged Breach of Contract (Paid Loss $60,000 & Paid Expense $46,992) (Claim Made 2/7/01) Land Use-Redevelopment-(Paid Loss $12,500, Paid Expense $39,601) Wind damage to city property (Paid Loss $77,070) Tree on lift station control panel (Paid Loss $9,619) Land Use-Alleged commons title ownership (Open) Rem arks: This information is provided for loss control analysis purposes only, and should be disseminated to others with discrimination for confidentiality. -2227- Market Premium Summary Coverages Expiring Renewing Company 2 Company 3 Property $10,499 $10,344 Boiler & Machinery 1,604 1,733 Inland Madne 2,518 2,363 Employee Dishonesty 1,353 1,336 General Liability 51,857 52,460 Foreign Liability Commercial Auto 38,504 28,707 Subtotal $106,335 $96,943 $0 $0 Worker's Compensation 35,853 41,996 Umbrella/Excess Liability Liquor Liability 4,275 4,613 Group Self Insd Acc Plan Open Meeting Law 772 781 Grand Total $147,235 $144,333 $0 $0 Notes and highlights: 1. Payment Plan: Direct Bill 2. Carriers r-] Admitted [~] Nonadmitted R:\Client Files\Cities\Cities\Mound\Current\Y02 Summary. Doc -2228- FROM A J Gal lagher (952)944-9795 (MON) 5. 6' 02 16:09/ST. 15:44/N0. ~7600859B5 P I Arthur J. Gallagher & Co. of Minnesota, Inc. 7825 Washington Avenue South, Suite 300 Minneapolis, MN 55439-2433 Date May 6, 2002 Number of pages including cover sheet To: Gino Businaro City Of Mound From: Pat Meger Busmess 952-472-0608 Resident Phone FazPhone 952-472-0620 Fax Phone CC: 952-944-8885 952-944-9795 Urgent For your review X Reply ASAP Please comment Gino: In follow up to your meeting with Carl, following is the revised LMCIT Waiver Form to be signed and returned with a copy o£the resolution amending the coverage. Thank you. -2229- FROM A J Gallagher (952) 944-9795 (MON) 5. 6'02 16:09/ST. 15:44/N0. B760085935 P 2 LMCIT LIABILTIY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability 1/mits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects. > If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. > If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000 on a single occurrence. The total which alt claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000, regardless of the number of claimants. > If the city waives the statutory tort limits andpurchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the mount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by th/s decision. The decision must be made by the city council. Cities purchasing coverage must complete and return this form to the LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of Mound & I-IRA accepts liability coverage limits of $ from the League of Minnesota C/ties Insurance Trust (LMCIT). 300,000/1,000,000 Check one: X The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the 1/ability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed from to LMCIT, 145 University Ave. FE., St. Paul MN 55103-2044 Page 1 of I -2230- CITY OF MOUND RESOLUTION NO. 02-.._ RESOLUTION AUTHORIZING THE TRANSFER AND CONVEYANCE OF LAND WHEREAS, the Housing and Redevelopment Authority in and for the City of Mound, Minnesota has previously entered into an agreement entitled Assignable Option to Purchase Land calling for the sale, by the Authority of a certain tract of land described in the attached Exhibit A, (the 'Subject Property") for development as a post office facility in Mound, and WHEREAS, in performance of its obligations thereunder, the Authority has acquired all private interests in the subject properties, and WHEREAS, a portion of the land to be conveyed pursuant to the agreement is currently owned by the City, and WHEREAS, in order to fulfill its obligations under the agreement, it will be necessary for the Authority to obtain title from the City, and WHEREAS, the City believes that the continued location of a post office facility in the downtown area of Mound a vital benefit to the citizens, of Mound, and to the local businesses and their patrons, and WHEREAS, the City is willing to assist the Authority by providing the requested land to it. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, MinnesOta as follows: The transfer and conveyance of the City's right title and interest in the Subject Property to the Authority is hereby approved. The City, acting through its elected and appointed officials is directed to take all steps and do all things reasonably necessary to effectuate this resolution. The foregoing resolutiOn was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: The following voted in the negative: Adopted by the City Council of the City of Mound this 14th day of May, 2002 Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2231 - Exhibit A Lots 6 thru 11, Koehler's Addition to Mound, Lake Minnetonka, except (1) the South 10 feet of said Lot 6; (2) the South 10 feet of the West % of Lot 7; (3) the South 5 feet of the East ~ of Lot 7; and that part of Lots 10 and 11 lying Eastedy of the following described line: Beginning at a point on the North line of said Lot 11, distant 6.00 feet Westerly of the Northeast comer of said Lot 11; thence Southerly, parallel with the East line of said Lot 11, a distance of 41.47 feet; thence Southerly 155.80 feet along a tangential curve, concaved Westerly, having a radius of 300.~ feet and a central angle of 29 degrees 45 minutes 23 seconds and said line there terminating. -2232- To: Grbg~gkinner and Len Harre~/~ From' Mound Fire Department 4/17/02 R.E. · Street closing The Mound Fire Department is requesting to close Wilshire blvd between Maywood Rd. and Lakewood Rd. The Fire Department will be having their 51 ~t annual fish fry. We would like to close the road between 10:00 am and 1:00 am on Saturday June 1st 2002. Thanks Tony Myers Mound Fire Departmem -2233- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com To: FROM: SUBJECT: 'TO THE FAMILY MEDICAL LEAVE ACT (FMLA) DATE: MAYOR AND CITY COUNCIL BONNIE RITTER PROPOSED CHANGES TO ADMINISTRATIVE CODE AS IT RELATES May 10, 2002 The enclosed are proposed changes to the Administrative Code. The Parental Leave and Leave of Absence Without Pay have minor changes to adhere and complement the Family Medical Leave Act. The Family Medical Leave Act was passed by the Federal Government in 1993, and the City needs to change their code to comply with this Act. printed on recycled paper -2234- PARENTALLEAVE In compliance with Minnesota State Statutes 181.941, an employee is entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The length of the leave shall not exceed six (6) weeks, and must begin not more than six (6) weeks after the birth or adoption, except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six (6) weeks after the child leaves the hospital. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance will remain in effect during this leave, with employee making premium payments to the City while on this leave of absence. If the employee has any FMLA leave eligibility remaining at the same time this leave commences, this leave will also count towards FMLA leave. The two leaves will run concurrently until the twelve (12) week FMLA eligibility is exhausted, with FMLA insurance regulations in effect (with employee retained on theCity, shealth plan under the same conditions that applied before leave commenced) if applicable. The employee must use accrued sick leave and compensatory time off for Parental Leave or FMLA Leave, and may opt to use accrued vacation time. LEAVE OF ABSENCE WlTHOUT PAY The City Manager may, upon recommendation of the employee's department head, allow a regular full-time employee a leave of absence without pay for a period of up to ninety (90) days for good and sufficient reasons, which are to be in the best interests of the City. Such period may be extended up to one (1) year with the authorization of the City Manager. While on leave of absence without pay, the employee shall not be entitled to accrue vacation time, sick leave, receive insurance benefits, or earn seniority. Insurance benefits may be obtained by the employee paying his/her full premium. -2235- FAMILY MEDICAL LEAVE ACT (FMLA) Pursuant to the Family Medical Leave Act of 1993, the City provides twelve (12) weeks of job protected unpaid leave to eligible employees for the birth, adoption, foster care and certain family medical reasons. · ELIGIBILITY - An employee must have been employed by the City for at least twelve (12)months, have worked at least 1,250_hours during theAwelve~l 2) months preceding the commencement of the leave, and be employed at a work site at which 50 or more employees are employed within 75 miles. ELIGIBLE REASONS FOR FMLA LEAVE -An eligible employee is entitled to twelve (12)weeks leave. The length of the leave will not exceed 12 weeks in a 12-month period. The 12-month period is measured forward from the first date leave is used. Eligible employees are entitled to 12 workweeks of unpaid family and medical leave per year for: Birth of a child or placement of a child with the employee for adoption or foster care. To care for a spouse, child, step-child, or parent who has a serious health condition. This includes psychological, physical care, and sharing care duties, as outlined in the FMLA Handbook. An eligible child is defined as a person under 18 years of age (or a child 18 and older of incapable of self-care or because of mental or physical disability as defined by the Americans with Disability Act) who is biological, adopted, foster or step-child, ward of the employee or a person with whom the employee is charged with a parent's rights, duties and responsibilities. An eligible parent includes a biological parent, or a person who acts in the place of a parent ("in Ioco parentis") when the employee was under the legal age, but does not include in-laws. Serious health condition making the employee unable to perform the functions of his/her position because he/she is unable to work at all due to the serious health condition, or unable to perform any one of the essential functions of the position within the meaning of the Americans with Disabilities Act. Serious health condition is defined in Federal law C.F.R. 825.114, -2236- NOTICE REQUIREMENTS - Thirty (30) days written notice is required if the leave is foreseeable (by submitting the Application For Family/Medical Leave form). If thirty (30) days notice is not possible, as much notice as practical must be given. Planned medical treatments should be scheduled so that it will not unduly disrupt the City's operation. · BENEFIT COVERAGE DURING LEAVE - During a period of family or medical leave, an employee will be' retained ontheC-ity'-s healthpla~n-und:er~t~e conditions that applied before leave commenced. To continue health coverage, the employee must continue to make any contributions that he or she made to the plan before taking leave. Failure of the employee to pay his or her share of the health insurance premium may result in loss of coverage. If the employee fails to return to work after the expiration of the leave, the employee will be required to reimburse the City for payment of health insurance premiums during the family leave, unless the reason the employee fails to return is the presence of a serious health condition which prevents the employee from performing his or herjob or to circumstances beyond the employee's control, An-employee is not entitled to accrual of any seniority or employment benefits (during unpaid portion of leave) that would have accrued if not for the taking of leave. An employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began. INCREMENTS OF TIME - Family and medical leave may be taken in increments of up to the full twelve (12) weeks and as small as one (1) hour, depending on the circumstances. When medical treatments are planned, employees should consult with their respective Department Head and make reasonable effort to schedule the leave so as not to unduly disrupt the City's operations. USE OF ACCRUED SICK LEAVE, COMPENSATORY TIME OFF AND VACATION DURING FAMILY MEDICAL LEAVE - During the family and medical leave, employees must use accrued sick leave and compensatory time prior to taking unpaid leave. Use of accrued vacation time is an option. When sick leave and compensatory time have been exhausted, any remaining time will be unpaid. Unpaid hours will not count toward seniority and benefits will not accrue during this unpaid leave. MEDICAL CERTIFICATION - An application for leave based on the serious health condition of the employee or the employee's spouse, child or parent must also be accompanied by a "Medical Certification Statement" completed by the applicable health care provider. The certification must state the date on which the health condition commenced, the probable duration of the condition, and the appropriate medical facts regarding the condition. -2237- · ' ~E:CERTi~ibATi~N~ ~e:ce~ificati~n ~ill be. reqLcre~ ift~e ~pi~y~ re~e~-tS' an extension of the original length approved by the City or if the employee's circumstances change. Re-certification may also be required if there is a question as to the validity of the certification if the employee is unable to return to work due to the serious health condition. · RETURN FROM LEAVE - An employee must complete a "Notice of Intention to Return From Family or Medical Leave" before he or she can be returned to active status. If an employee wishes to return to work prior to the expiration of a family or medical leave of absence, notification must be given to the employee's supervisor at least five (5) working days prior to the employee's planned return. · FITNESS FOR DUTY CERTIFICATION - In the case of medical leave due to an employee's health, the City requires a medical certificate attesting to the employee's fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of the job. The City Manager may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the ADA (Americans with Disabilities Act). The City will deny reinstatement until a fitness for duty certificate is provided. RESTORATION TO EMPLOYMENT - An employee eligible for family and medical leave - with the exception of those employees designated as "highly compensated employees" - will be restored to his or her old position or to a position with equivalent pay, benefits, and other terms and conditions of employment. The City cannot guarantee that an employee will be returned to his or her original job. The determination as to whether a position is an 'equivalent position" will be made by the City. FAILURE TO RETURN FROM LEAVE - The failure of an employee to return to work upon the expiration of a family or medical leave of absence will subject the employee to immediate termination unless an extension is granted. An employee who requests an extension of family leave or medical leave due to the continuation, recurrence or onset of her or his own serious health condition, or of the serious health condition of the employee's spouse, child or parent, must submit a request for an extension, in writing, to the employee's immediate supervisor. This written request should be made as soon as the employee realizes that she or he will not be able to return at the expiration of the leave period. -2238- RESOLUTION NO. RESOLUTION REGARDING THE CONSTRUCTION AND OPERATION OF SKATE PARK 5/8/02 WHEREAS, the City of Mound is owner of a tract of land located within City and shown on the attached Exhibit A (the "Property"); and WHEREAS, the City has been approached by community groups and individuals who have suggested that it would be desirable and in the public interest to construct a skate park facility on the Property, and WHEREAS, the City recognizes the community importance of providing the skate park for use by the public, and recognizes the benefit and the necessity of working cooperatively with volunteers, and with the Mound Crime Prevention Association (the "Association") to accomplish the construction of a skate park on the Property, and WHEREAS, the Association recognizes the skate park as serving a vital crime prevention objective, and wishes to participate through assisting the City, as requested, by receiving cash donations for the skate park, and by utilizing those donations for the construction of the skate park, either through the purchase of material, equipment or supplies, or by providing designated skate park contributions to the City, and WHEREAS, The City, recognizing that the skate park cannot otherwise become a reality, desires to enlist the assistance and cooperation of individuals who are willing to volunteer their services in the activities necessary for the establishment of the skate park, and in seeking funding for the construction and the ongoing maintenance and operation of the skate park, and WHEREAS, the City wishes to establish the basic framework for those relationships in this resolution, and WHEREAS, pursuant to Minnesota Statutes, Sections 471.15-. 191 and other law, City has the authority to operate a program of public recreation and enter into agreements with the Association pertaining to the conduct thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MOUND, as follows: 1. COMMITTEE. The City Council hereby designates the Mound Zero Gravity Skate Park Task Force as an advisory committee of the City Council. The task force was previously formed to work for the establishment of the skate park. It is the intention of the City that this status will provide the members of the Committee the same liability coverages and indemnities that are JBD-211846v5 MU200-100 -2239- ........... ~ilabI~T6~tl~e'-~e~;b-fo~h~_ri-~idV-l~6_~_W~66-~iit~ commissions of-thW~Th~0mmittee will work with the Council and city staff and assist the City in matters relating to the skate park as stated in this resolution. 2. SKATE PARK DESIGN. The Committee will assist the City in preparing a proposed design for the skate park and preparing the proposed plans and specifications for the same. The City will supply the Committee with all information necessary to assist it in the design. The proposed design, plans and specifications will be subject to the approval of the City. 3. PRELIMINARY CITY WORK. The City will proceed with the following matters which are required to be done in advance of final design and construction of the skate park: a. Delineation of wetland boundary on the Property. b. Preparation of mitigation plan if required based on the delineation. c. Obtaining all necessary approvals of mitigation plan. do Use of staff time in preparation of such matters, and in attending any meetings or hearings at which such items will be considered. The City's obligation under this section shall be limited to the expenditure of not more than $3,000 in consultant fees and other out of pocket costs on those matters. The City shall have no obligation to continue work on these matters once it has expended such amount or until it is satisfied that funding for further activities will be available. 4. FUNDING. The City is relying on public contributions in order to construct the skate park. Absent such contributions, the skate park can not be built. Consequently, one of the important roles of the Committee will be to undertake, on behalf of the City, the activities to raise cash and other forms of contributions for the construction of the skate park. The Committee will keep the City informed as to the nature, and status of such activities. All arrangements involving the donation of labor, materials or services will require the approval of the City. The Committee will also work with the Association to determine the procedure for receiving cash contributions and for acknowledging the same. 5. PERMITS AND APPROVALS. The City will be responsible for obtaining all necessary permits and approvals required for the construction of the skate park. The City will consider the waiver of any permit or license fee if such waiver is consistent with City policy and serves a public purpose. 6. CONSTRUCTION OF SKATE PARK. The City intends to commence construction of the skate park once i.) the design, plans and specifications have been approved by the City, and all necessary permits and approvals have been obtained, and, ii.) pledges of money, labor, materials or services-in-kind equal to at least 50% of the estimated cost of construction of the skate park have been received, and it appears to the satisfaction of the City that the balance can be timely secured. Prior to that time, the City may engage in minor brushing on the Property and removal of JBD-211846v5 MU200-100 -2240- trees on the port~-6-~roperty with~n~n-the right o~h~ood Road. It ~s expected that ........... [fie Comn?iff~e W~ilr:ifi~f'~i signi~-~int ~o~b in assi2-tiia~: the-'~i~h~nZsiTe'~t-i~iii~ dufin~ construction, however, all supervision, site control and responsibility during construction will rest with the City. 7. REPAIRS AND ALTERATIONS; OPERATION. In light of the significant nature of public support and contributions that will be required for the construction of the skate park, the City agrees to use its best efforts to operate and maintain the skate park for at least ten years following construction. The ability of the City to do so will be dependent upon continuing efforts of the Committee to be able to assist in seeking funding for the continued operation, maintenance and repair of the skate park. The City agrees that revenues generated by vending machines and advertising devices placed at the skate park by the City will be used for repair and maintenance of the skate park. The City will look to the Committee to assist by arranging for the sale of advertising space under terms to be set by the City. 8. ROLE AND RESPONSIBILITY OF ASSOCIATION. The City will enter into an agreement with the Mound Crime Prevention Association in substantially the form of the attached Exhibit B. The question was on adoption of the resolution and upon a vote being taken thereon, the following voted in favor thereof: And the following voted against the same: None. WHEREUPON SAID RESOLUTION WAS DECLARED ADOPTED THIS DAY OF MAY, 2002. DULY PASSED AND Pat Meisel, Mayor (SEAL) ., City Clerk JBD-211846v5 MU200-100 -2241 - EXHIBIT A [Insert legal description[ LEGAL DESCRIPTION JBD-211846v5 MU200-100 A-1 -2242- EXHIBIT B AGREEMENT THIS AGREEMENT, is entered into as of the __ day of ,2002, by and between the City of Mound, a municipal corporation under the laws of Minnesota ( the "City") and the Mound Crime Prevention Association, a Minnesota non-profit corporation (the "Association"). BACKGROUND WHEREAS, the City of Mound is owner of a tract of land located within City and shown on the attached Exhibit A (the "Property"); and WHEREAS, the City recognizes the community importance of providing the skate park for use by the public, recognizes the benefit of working cooperatively volunteers, and with the Mound Crime Prevention Association (the "Association") to accomplish the construction of a skate park on the Property, and WHEREAS, the Association recognizes the skate park as serving a vital crime prevention objective, and wishes to participate through assisting the City, as requested, by receiving cash donations for the skate park, and by utilizing those donations for the construction of the skate park, either through the purchase of material, equipment or supplies, or by providing funds to the City. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto covenant and agree as follows: 1. ROLE AND RESPONSIBILITY OF THE ASSOCIATION. The Association represents that it is an exempt organization within the meaning of section 501(c)(3) of the Internal Revenue Code and of the provisions of state law; that contributions to it qualify for treatment as a charitable deduction under state and federal law; that certain purchases made by it are exempt from sales and use taxes under state law. ao The Association shall serve the following roles in connection with the development of the skate park: (1) The Association will receive cash contributions that are designated as given for the benefit of the skate park. (2) The Association will acknowledge the receipt of such designated skate park contributions and will provide the donor with information to assist the donor in seeking to obtain a deduction from state and federal income taxes. JBD-2! 1846v5 MU200-100 B-1 -2243- The Association will be responsible to donor for any .claims rased on the "material sUpplied by Associati~nl (3) The Association will utilize the designated donated skate park funds for the construction of the skate park. The funds may be made available, at the discretion of the Association, and after consultation with the City, either through cash contributions, or through the purchase of equipment, materials and supplies to be donated to the City for construction of the skate park. (4) The Association will be responsible for keeping all appropriate accounts, and making and maintaining all necessary records and reports regarding its activities under this paragraph. (5) The Association may assist the City, as they shall agree in writing, in fundraising and donation solicitation activities for the skate park. bo Except as to the matters described in sub paragraph a of this section, the Association will have no obligation or responsibility under this Agreement. As example, and not as limitation, the Association will have no responsibility or liability for the design, construction, operation, maintenance or repair of the skate park (unless it involves itself in such activities by formal action of its board of directors). 2. INDEMNITY. The City agrees to indemnify, defend and save harmless the Association, its officers, agents and employees from any claim or action occasioned by or arising out of the design, construction, operation, maintenance or repair of the skate park, except as to claims based on actual participation of the Association in such activities based on formal action by its board of directors. The provisions of this Paragraph will survive the termination of this Agreement. 3. DEFAULT. If any party fails to perform any of its obligations under this Agreement ,any other party shall, following the giving or 20-days written notice to the defaulting party, have the right to exercise any one or more of the following remedies: (a) to immediately terminate this Agreement as it relates to the party providing the notice; and (b) to pursue any other remedy at law or in equity. All remedies are cumulative and nonexclusive, and may be exercised concurrently or separately. The defaulting party shall pay all expenses, including but not limited to attorneys fees, incurred by the noticing party in exercising any of its fights or remedies hereunder or enforcing any of the terms hereof. Before availing itself of any remedy under this paragraph, the noticing party will attempt to work out the dispute through informal communication; and if resolution is not thereby achieved, by submitting the dispute to mediation by a neutral person. 4. ASSIGNMENT. No party shall assign or pledge this Agreement in whole or in part, nor any interest herein, without the prior written consent of the other parties, and any such consent shall not be deemed to be a consent to any subsequent similar act. JBD-211846v5 MU200-100 B-2 -2244- . ~s greemen s a erm~naea eexp~ratono e lys obligation to maintain the skate park, or pursuant to Section 13 above.. 6. MISCELLANEOUS. No failure or delay by either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy hereunder. Any waiver must be in writing and signed by the party granting the waiver. bo Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: City of Mound 5341 Maywood Road Mound MN 55364 Atto: Kandis M. Hanson, City Manager Association: or at such other address with respect to such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. This Agreement is made and shall be governed in all respects by the laws of the state of Minnesota. Resolution of all disputes, controversies, or claims arising out of this Agreement shall first be sought through informal communication and then by third party mediation as provided for in Paragraph 13 above. Claims, disputes or controversies not resolved by those means are to be brought in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. JBD-211846v5 MU200-100 B-3 -2245- .... f. If any pr0Vls,on -$~:~ appl~cati0n .~{~- thi. s.~ x-greem~-ni.---i~, het-~"--'ui~l-a~fut, or unenforceable m any respect, such ii'legality or unenforceabiiity shall not. affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. go This Agreement, together with its Exhibit constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by all parties hereto. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first written above. CITY OF MOUND By: Its: By: Its: MOUND CRIME PREVENTION ASSOCIATION By: Its: By: Its: JBD-211846v5 M U200-100 B-4 -2246- LEGAL DESCRIPTION [Insert Legal Description] SBD-211846v5 MU200-100 B-5 -2247- ~ood Mound, MN 55364 (952) 472-3190 PUBLIC LANDS REPORT TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: SUBJECT: Mound Council, Docks and Commons Commission and Staff Sarah Smith, Community Development Director Jim Fackler, Parks Director May 8, 2002 Public Lands Permit Application - New Public Skate Park City of Mound/ Zero Gravity Skate Park Task Force Maywood Avenue Right-of-Way (ROW) / City Hall Property (PiD # 24- 117-24-21-0034 Construction of a Recreational Facility - Skateboarding Park REQUEST The applicant, the Zero Gravity Skate Park Task Force in cooperation with the City of Mound, is requesting an Public Lands Permit to allow construction of a new skate park in the Maywood Road right-of-way to be located between Mound City Hall on the south side and Wolner Field on the north side. Portions of the improvements also extend on to the City Hall property located at 5341 Maywood Road. The proposed skate park will be approximately 12,000 square feet and will feature a bowl, half pipe and a street course. It also includes portable restroom facilities, signage and refreshment/vending machines as well as areas for vehicle parking and viewing areas. A copy of the proposed site plan has been included a separate attachment. CITY CODE 320 - PRIVATE STRUCTURES AND PRIVATE CONSTRUCTION ACTIVITIES ON PUBLIC LAND City Code 320.01 regulates private structures and private construction activities on public land in the City of Mound. Specifically, Subd. 1 regulates new construction activities on public lands. PROJECT HISTORY The proposal originated from the Westonka Healthy Community Collaborative following the closing the Take Five Skate Park in 1999 at which time a petition signed by 400 individuals was submitted expressing support for a new skate park facility. -2248- In July 2001, the City Council approved the Maywood Road site for use as a skate park following a recommendation from the Parks and Open Space Commission (POSAC) and budgeted $3000.00 for fiscal year 2002 for the project. Members of the City Council are advised that the new park will be owned and operated by the City of Mound. Members of the Task Force have been meeting for the past 1-2 years on the project and have capital fundraising activities underway with the goal of funding the project through monetary and in-kind donations. Details regarding the City's agreement with the Task Force regarding various project issues including, but not limited to, liability, project construction timeline, financial contributions, etc. are outlined in the Acceptance Agreement which will be presented by the City Attorney as a separate agenda item. PERMITTING ISSUES The proposal requires multiple permits from the City of Mound that include, but are not limited to, the following: 2. 3. 4. 5. Wetlands replacement plan. Street excavation permit Building permit Grading permit Stormwater permit Members of the City Council are advised that the City Engineer prepared the grading and wetands mitigation plan. It is anticipated that the stormwater permit process begin following transfer of the permitting responsibilities to the City of Mound from the MCWD. It is anticipated that any disturbed wetlands can be replaced on-site. Members that of the City Council are advised that the City Engineer has begun work on the wetlands replacement plan and review process. A copy of the grading and wetlands mitigation plan is in file on City Hall and will be made available upon request. LAND USE ISSUES The proposed project is to be located in the Maywood Road right-of-way Portions of the park improvements also appear to extend on to the City Hall property. The property located immediately north (Wolner Field) is zoned B-1 Central Business. The City Hall property is zoned R-1 Single-Family Residential. Public park and recreational facilities are permitted uses in both the B-1 and R-1 zoning districts. -2249- Until additional details are made available regarding the proposed improvements (ie. half-pipe, etc.), it is not yet known whether or not they are subject to setback requirements. Members of the City Council are advised that it is City staff's understanding that play equipment has not been subject to setback requirements in the past. In the event the equipment is subject to setback requirements, a variance(s) could be needed and the application would requirement review and approval by the Planning Commission and Council. PARKS AND OPEN SPACE COMMISSION REVIEW The proposal, in concept, was reviewed previously by the Parks and Open Space Commission (POSAC) on July 24, 2001 meeting. At its April 11, 2002 meeting, the POSAC, made a recommendation that the Public Lands Permit application for the skate park project could be forwarded on to the City Council as it was reviewed previously and received favorable response. SITE INSPECTION City Officials and Board Members are encouraged to visit the subject site prior to the meeting, if appropriate. SKATE PARK TASK FORCE It is anticipated that representatives of the Task Force will be present at the meeting to explain details about the propOsed project. RECOMMENDATION City staff recommends approval of the Public Lands Permit to allow construction of the Zero Gravity Skate Park in the Maywood Avenue right-of-way which also extend on to the City Hall property subject to the following conditions: 1. The Zero Gravity Skate Park Task Force obtains all required permits to allow construction of the project including the submittal of all information deemed necessary. 2. The City of Mound and Zero Gravity Skate Park Task Force enter into the Acceptance Agreement. 3 -2250- CITY OF MOUND RESOLUTION # 02- A RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR THE ZERO GRAVITY TASK FORCE AND THE CITY OF MOUND FOR USE OF MAYWOOD ROAD RIGHT OF WAY AND CITY HALL PROPERTY LOCATED AT 5341 MAYWOOD ROAD AS A SKATE PARK WHEREAS, the applicant is seeking a Public Lands Permit to allow construction of a new skate park in the Maywood Road right-of-way; and WHEREAS, certain improvements of the new skate park will extend on to the northern portion of the City Hall property located at 5341 Maywood Road; and WHEREAS, the City Council approved the use of the property as skate park in 2001 following a favorable recommendation from the Parks and Open Space Commission which was made at its July 24, 2001 meeting; and WHEREAS, the skate park proposal was also reviewed again by the Parks and Open Space Commission at its April 11, 2002 meeting at which time the POSAC voted to forward the project on to the City Council without reviewing the Public Lands Permit application as they are very familiar and supportive of the project; and WHEREAS, City Code Section 320, requires City Council approval by a majority vote for constructiOO 9f any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Public Lands Permit to allow construction of the Zero Gravity Skate Park subject to the following condition(s): The Zero Gravity Skate Park Task Force obtains all required permits to allow construction of the project including the submittal of all information deemed necessary. 2. The City of Mound and Zero Gravity Skate Park Task Force enter into the Acceptance Agreement. -2251 - Th~ foregomg'resolfihon-~V-~S-md b¥:~ffnci:~~: :: ...... '~: sec6fi-d~d .... .... by Councilmember The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 14th day of May 2002~ Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk -2252- CITY OF MOUND 534.1MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 March 13, 2002 MEMORANDUM TO: POSAC FROM: Jim Fackler, Park Director REF: Skate Park Staff has been working with the Skate Park Committee to press forward with the construction. At this time we would like to ask the commission to allow the Skate Park to go forward without coming in front of them with a Public Lands Permit. This is being requested so that the process can be placed on a fast track to the City Council. print"'~~ 'ec¥cled paper -2253- City of Mound .'" , DISTRIBUTION Building Official ~ Parks Director DNR MC::WD Check One - '~~' CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: ~ PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd, 1). [-7 PUBLIC LAND MAINTENANCE PERMIT -to allow repairs to an existing structure (City Code Section 320, Subd. 3). CONTINUATION OF STRUCTURE - to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3). LAND ALTERATION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). The structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non-transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to a change in dock site holder. Please type or print legibly APPLICANT Name ~ LK'~Q v",~~/'(~ / ~ G V~v~ ~ Phone(H) ~Z-~) (W) (M), LEGAL Lot ~~e~-- ~0~ Block DESC, Subdivision PID ~ Plat ~ ZONING DISTRICT ~-1~ R-lA R-2 R-3 B-1 B-2 B-3 Public Lands Permit Application Page 1 of 2 Revised 03/20/02 -2254- I PUBLIC Name PROPERTY Dock Site # Shoreline Type Address Phone (H). ,(W). _(U) PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) DESCRIBE REQUEST & PURPOSE Applicant's Signature~ Date Public Lands Permit Application Page 2 of 2 Revised 03/20/02 -2255- Mour~ ~y Counca'M~uzes - Ju~y 24, ~ 9. CENT~L BUSINESS DISTRICT PARKING PROGRAM City Manager Hanson informed the coun~l.that this Parking program expired June 30, that time. MOTION by Meyer, s~nded by.Andersonto extend the CBD .Pa~ing Pm~am for another year, to expire June 30, 2002. All voted in favor. MOtion carried. A ten minute recess was taken from 9:25 to 9:35 p.m. Mayor Meisel returned to preside over the rest of the meeting.  10. SKATE pARK TASK[ FORCE REC~UESTS Jason Swensen, Mound POlice Officer and member of the Skate Park Task Force, presented the selected logo and site plans for the proposed skate park. The Task Force is asking for preliminary approval of the site located at the end of Maywood Road. It was noted that catch basins and storm sewer extensions will be needed in this area to accommodate the skate park. The Task Force is not asking for commitment on those improvements at this time, only site approval. ~' MOTION by Hanus, seconded by Anderson that the city commit the land at the end of ~Maywood Road for the proposed Skate Park, and move to the next step of investigating I~ costs for the needed drainage improvements. All voted in favor. Motion carried. %11. ISLAND PARK TASK FORCE ' '~' Three applications were received for positions on the Island Park Task Force as a result of the ad in The Laker. There will be a tOtral of 5-7 members on this task force. MOTION by Hanus, seconded by Meyer to appoint Kenneth Neukircher, Tracy Walstrom and Richard .Dissmore to serve on the Island Park Task Force. All voted in favor. Motion carried. City Manager Hanson will contact these appointees. 12. ETHICS GUIDELINES MOTION by Hanus, seconded by Anderson to adopt the ethics guidelines as previously used, but to drop the financial disclosure statement. Discussion followed, with City Attorney John Dean suggesting some things to keep in mind. He feels that this is an important decision and should be made only when a full Council is present. Also, the other thing to keep in mind is how the Council may be perceived backing out of a disclosure statement, rather than never having one. He also thinks the financial disclosure statement serves a useful purpose, being a blanket statement to counter the innuendos and rumors that Mound tends to produce. Filling out the financial disclosure statement always gives a retort to the public and may impact the general perception of City Government. With Mound being a closed community, Dean feels that it's important 5 -2256- Peter Meyer gave the Council an update on his fund raiser and presented a check for $1,000 to go towards the Lifeguard Program and Sr. Citizeqs. $. SKATE PARK COMMITTEE REPORT status of the skate park, They are in the process of organizing fund raisers for the project. 6. COOPERATIVE AGREEMENT WITH GILLESPIE CENTER MOTION by Brown, seconded by Osmek to enter into a cooperative agreement with the Westonka Senior Foundation to furnish various services as spelled out in said agreement. All voted in favor. Motion carded. 7. (REMOVED) 8. COMMERCIAL DOCK LICENSE REQUIREMENT FOR CONDOMINIUM ASSOC. Councilmember Brown stepped down during this discussion because he is a property owner at SeaHorse Condominiums. MOTION by Meyer, seconded by Osmek to table this item until the next meeting to allow for the City Attorney to do further investigation. All voted in favor. Motion carded. 9. ON-SALE LIC~UOR LICENSE FEES MOTION by Hanus, seconded by Brown to set a public hearing for March 12, 2002, at 7:30 p.m. to consider raising liquor license fees for on-sale liquor licenses. All voted in favor. Motion carried. 10. SET SPECIAL MEETING WORKSHOPS MOTION by Brown, seconded by Hanus to set the following special meeting workshops: Facilities Study Update Workshop for February 19, 2002, at 7:00 p.m.; and Joint meeting with the HRA on Redevelopment Recap for February 13, 2002, at 6:00 p.m. All voted in favor. Motion carried. 11. A. B. C. D. E. F. G. H. I. J. K. INFORMATION/MISCELLANEOUS AMM Fax news Friday Fax Correspondence: LMCD FYI: Peter Meyer fundraiser clearance Memo: Minnehaha Creek Watershed District FYI: Excerpts from the Delano Eagle on utility fees Contact info for LMCD _respresentative Correspondence: Westonka Healthy Community Collaborative Save the Lake Recognition banquet registration Correspondence: School Distdct Metropolitan Council newsletter 3 -2257- Mound C~ Council Minutes - February 27, 2001 SIDE YARD SETBACK FOR PURPOSES OF CONSTRUCTING AN ADDITION ON THE PROPERTY LOCATED AT 4446 DENBIGH ROAD, PID CBDG F~di~: for WECAN Mayor MeiSel e~essed, her wish ~to see the budget for these funds. Edith TraverS of WECAN will provide the budget for further consideration. MOTION by BrOwn, seconded by Anderson to continue this item until fu~her budget information is received. All ayes. J. Quisi.public sign permit for Upper Tonka Little League K. RESOLUTION NO. 01-25: RESOLUTION DESIGNATING BONNIE RI~ER AS ACTING CITY CLERK 4. COMMENTS AND SUGGESTIONS FROM CITIZENS Andrea Ahrens came forward and stated that if She were still on the Council she would have pulled item D on the consent agenda - approval for the Bass Tournament. She stated no other city in the area will allow these tournaments, and that's the reason they come to Mound. The park is taken away from the rest of the public for this event, and there isn't even a fee charged. She was informed that the Bass Tournament has donated $200 for the parks and the stipulation is included that they are responsible for all clean-up and restoration of the park to its odginal condition, and a January 24th resolution adopted a fee of $150 for park use of similar type. 5. SKATE PARK PROJECT Derek Hostetler and Dylan Wilbur represented the youth from the task force working on location for a skate park. They reviewed the pros and cons of different locations with the Council. Jason Swensen, Mound Police Officer and member of the task force, also reviewed some options with the Council. It was the consensus of the Council that City staff work on possible locations with the task force. Meyer stated that he has been attending task force meetings and Brown indicated that he would be willing to get involved also. 6_. WETLANDS CONSERVATION ACT NO-LOSS REqUEST,{BECKER) City Attorney Dean reviewed the last action of the Council, being the suggestion that the Becker reps and City reps get together to see if a compromise could be reached. Since that meeting, extensive discussions along those lines have resulted. There is a strong potential that a resolution can be reached, but there is nothing in writing for consideration tonight. Dean continued by stating that the -2258- ! :1 I I RIGHT OF ENTRY AGREEMENT THIS AGREEMENT, made on this __ day of May, 2002, by and between the CITY OF MOUND, a Minnesota municipal corporation ("Owner"), and THE VILLAGE BY THE BAY DEVELOPMENT, LLC, a Minnesota limited liability company ("Village"), I. RECITALS 1.01 Owner is the fee simple owner of the real estate located within the City of Mound, MN, which is legally described as Outlots B and C, Mound Visions 2nd Addition, Hennepin County, Minnesota ("Property"). 1.02 Village and Owner are parties to that certain Subdivision Agreement dated January 8, 2002 (the "Contract") pursuant to which Village is responsible for the installation of certain improvements on the Property, all as more fully described in the Contract. 1.03 Subject to the provisions of this Agreement, Owner desires to grant Village, and the Village desires to secure the consent of Owner to enter the Property for the purpose of installing such improvements on the Property. 1.04 It is understood that in executing this Agreement, Owner will not be granting (a) any Permanent interest in the Property to Village; or (b) exclusive use or possession of the Property to Village. II. AGREEMENT NOW, THEREFORE, in consideration of the premises and their mutual promises, the parties hereto hereby agree as follows: 1406021v2 -2263- 2.01 Right of Entry. Effective upon the date hereof, owner hereby grants to Village, its agents, employees, contractors and invitees the right to enter upon the Property, for the purpose of making and installing thereon all of the improvements required by it to be installed on the Property and for the further purpose of storing materials, equipment and other items thereon which are needed in connection with Village's development of the Subdivision. 2.02 Duration of Right of Entry. The right of entry shall expire on the earlier of the date the Property is no longer needed for the purposes described in Section 2.01 herein or November 15, 2003 2.03 Conditions. In consideration for such right of entry, Village agrees: (a) to use the Property for only the purposes described herein; (b) to do no unnecessary damage to the Property; (c) to restore the Property to substantially the same condition as the condition in which it was found by Village at the time of Village's entry upon the Property pursuant to this Agreement (except for the addition of the installed improvements); and (d) to hold Owner harmless from and indemnify it from any and all claims, damages, judgments or obligations, including the cost of defense of suit, arising out of liens placed on the Property, damage to Property or arising out of injury to anyone incurred or alleged to have been incurred in connection with or as a result of any work done pursuant to this Agreement, or as a result of Village's intentional torts or negligence. 2.04 Governing Law. laws of the State of Minnesota. This Agreement shall be interpreted in accordance with the 1406021v2 -2264- 2.05 NOtiCes and Demands. All notices, demands or other cOmmunications under this Agreement shall be effective only if made in writing and shall be sufficiently given and deemed given when delivered personally, transmitted by facsimile, or mailed by certified mail, return receipt requested, postage prepaid, properly addressed as follows: If to Owner: City of Mound 5341 Maywood Road Mound, MN 55364 Attn: Kandis M. Hanson, City Manager If to Village: The Village By The Bay Development, LLC 1600 University Avenue, Suite 212 St. Paul, MN 55104-3825 Attn: Lawrence W. Olson, Vice President Or to such other persons as the parties may from time to time designate in writing and forward to the other persons entitled to receive notice as provided in this section. 2.06 Amendment. This Agreement may be amended by the parties hereto only by written instrument executed with the same procedures and formality as were followed in the execution of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in their names and on their behalves on or as of the above date. CITY OF MOUND By: Its: City Manager THE VILLAGE BY THE BAY DEVELOPMENT LLC By: Its: Vice President 1406021v2 -2265- FIRST AMENDMENT TO SUBDIVISION AGREEMENT AGREEMENT is dated this ~ day of ., 2002, by and between the City of Mound, a Minnesota municipal corporation, ("City"), Mound Marketplace, LLC, a Minnesota limited liability company, ("Marketplace") and The Village by the Bay Development, LLC, a Minnesota limited liability company ("Village") (collectively, "Developer"). The agreement between the parties entitled Subdivision Agreement Mound Visions 2nd Addition Subdivision, dated January 8, 2002 is hereby amended by amending section 26 thereof to read as follows: 26. Conveyance of Land. The trails will be located substantially as shown in the document referred to in Section 4 C (1) of this Agreement. The easement for trails, based on the actual location as constructed, shall be delivered to the City within 10 days following the City's acceptance of the trails as constructed. Unless extended by agreement of the parties, the deed to Outlots B and C, shall be conveyed to the City by May 16, 2002. All such conveyances shall be accompanied by a policy of title insurance provided at Developer's expense, showing unencumbered marketable title to the easements granted and the outlots conveyed. At the time of conveyance of the trail easements, the Developer shall own such lands free of any liens or encumbrances and the Developer shall provide the City with a policy of title insurance so stating. In all other respects the Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF MOUND By: By: Pat Meisel, Mayor Kandis Hanson, City Manager MOUND MARKETPLACE LLC. By: Its: JBD-214345vl MU220-5 1 -2266- THE VILLAGE BY THE BAY DEVELOPMENT, LLC By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF ItENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002, by Pat Meisel, Mayor, and Kandis Hanson, City Manager, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing ) ) ss ) instrument was 2002, by acknowledged before me this day of , ., and , a , on behalf of the said Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was , 2002, by acknowledged before me this day of ., ,and _, a ., on behalf of the said Drafted by: City of Mound 5341 Maywood Road Mound, Minnesota 55364 Notary Public JBD-214345vl MU220-5 2 -2267- Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* *Also licensed in Wisconsin CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 May 3, 2002 John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt Ms. Kandis Hanson Mound City Manager 5341 Maywood Road Mound, Minnesota 55364 Dear Ms. Hanson: Enclosed for your review is WAFTA's grant application to the Departmem of Trade and Economic Development (DTED) and two sample Resolutions that WAFTA is requesting the City of Mound pass at their May 14th meeting. Greg Pederson will be at the meeting to answer any questions posed by the City Council. If you have any questions, please feel free to contact me at 651-234-6217. Very truly yours, Campbell Knutson Professional Association Soren M. Mattick SMM:cjh Enclosure Suite 317 * Eagandale Office Center * 1380 Corporate Center Curve · Eagan, MN 55121 -2268- 14525 Highway 7 Minneapolis, Minnesota (952) 935-1010 ° FAX (952) 935-1254 GIEOMATRIX May 1, 2002 Project 007003.001.0 Department of Trade and Economic Development Contamination Cleanup Grant Program 121 - 7th Place East St. Paul, Minnesota 55101 Subject: Contamination Investigation and RAP Development Grant Application Western Area Fire Training Academy (WAFTA) To whom it may concern: On behalf of the Western Area Fire Training Academy (WAFTA) and the City of Mound, MN, Geomatrix Consultants, Inc. has assisted with the preparation of a Grant Application for Contamination Investigation and RAP Development funds from the Minnesota Department of Trade and Economic Development. Please find attached an original and two complete copies of the referenced Application. We have provided all requested information except for the financial statement for the City of Mound and two separate Resolutions for 1) Approving the Application by the City of Mound, and 2) Committing.the local matching funds for the planned investigation and RAP development. As we discussed on the phone with your office, these three documents are being prepared and are forthcoming. The City of Mound, on behalf of WAFTA is submitting the attached Application to facilitate the remedial investigation and ultimate development of the 20 acre WAFTA Site. The Site has effectively remained unused since approximately 1990 due to actual and perceived soil and groundwater contamination. Attempts to initiate investigation and cleanup by WAFTA have not been fully successful due to a lack of adequate funds by WAFTA and disagreements as to what entities are responsible for Site cleanup. The cursory investigations that have been performed have identified but not quantified contamination at the Site. It is likely that completion of the Site investigation will result not only in an approved Response Action Plan but also an understanding among the potential responsible parties of the ultimate responsibility for Site cleanup. This in turn will allow cleanup of the Site to proceed and utilization of the Site to it's best and highest use, thereby generating property taxes and multiple j obs. In regards to the criteria that you will use to evaluate our Application we offer the following. 1) The subject Site has had detectable concentrations of Volatile Organic Compounds (VOC), characteristic petroleum compounds and heavy metals. The VOC and metals are at concentrations and distributed at the Site that suggests a high potential for impacts to surface and ground waters at and in the vicinity of the Site. The Minnesota Geornatrix Consultants, Inc. Enclineers, Ge010Clists, and Environmental Scientists P:\7003~IXProject\DTED Application letter 050102.doc -2269- Department of Trade and Economic Development May 1, 2002 Page 2 GEOI~4ATRIX Pollution Control Agency (MPCA) is concerned enough about the Site contamination that they have threatened to move the Site from the Voluntary Investigation and Cleanup (VIC) program to the Site Response Section (Superfund). 2) The Site has been vacant for approximately 12 years. The Site is located in an area of increasing property values and property transactions. A very successful Golf' Course and residential properties are located adjacent to the Site. Currently the Site is exempt from property taxes. Development of the Site, which will not occur until the Site is cleaned up, will create jobs and will generate property taxes. The current development plan calls for a staging of job creation at the Site, from an initial boat storage and repair facility to an appliance repair industry with new construction above the existing belowground warehouse-like structures. The unique nature of the Site makes the proposed development the highest and best use of the former Nike Missile Silos. 3) The property tax base will increase from zero to its highest potential based on the current proposed development. 4) The investigation of the Site has stalled due to the lack of adequate funds. 5) The cost to complete the Site investigation is currently estimated at approximately $7,500/acre. 6) Because of the unresolved responsibility issues at the Site, the availability of funds for investigation has been limited. Resolution of these issues is expected as a result of the completion of the investigation. The WAFTA is committed to completion of the investigation and has been working towards this end for almost 5 years. The annual dues show that each of the 11 WAFTA members have been fully committed to the environmental matters during that time. WAFTA has successfully negotiated for investigation assistance with the US Army Corp of Engineers. The WAFTA will be also assessing their members at least twice the past annual dues, over the next few years, to pay for the investigation. We feel that this information reflects the need for DTED funds, the commitment of WAFTA to finish the Site investigation and to facilitate the subsequent sale of the Site for development. Please do not hesitate to call us if we can provide clarification to these matters or further information. P:\7003- I\ProjeetXDTED Application letter 050102.doc -2270- Department of Trade and Economic Development May 1, 2002 Page 3 GEQMATRiX Sincerely, Geomatrix Consultants, Inc. Christopher F. Thompson, P.E. Principal Engineer Attachment as noted CC: Ms. Kandis Hanson - City of Mound (w/o Appendices) Mr. Soren Mattick - Campbell Knutson (w/o Appendices) Mr. Greg Pederson - WAFTA (w/o Appendices) P:\7003- l \Project\DTED Application letter 050102.doc -2271 - FY 02 - FY 03 ~Trade & ~ Economic Devdopment Business & Community Development Contamination Investigation and RAP Development Grant Application Cover Page Applicant: City of Mound Head of Applicant Agency: Kandis Hanson, City Manager Applicant Address: 5341 Maywood Road City: Mound Project Contact Person: Greg Pederson Phone: 952-472-3555 Fax: 952-472-0620 E-mail: Moundfiredept~hotmail.com Application Author/Preparer: Christopher F. Thompson, P.E. Phone: 952-935-1010 E-mail: cthompson~geomatrix.com Zip Code: 55364 Investigation 1 -2272- FY 02 - FY 03 I. gITE INFORMATION 1. Name of Site: Western Area Fire Training Academy (WAFTA) (Building name, location reference, etc,) Site address: 1200 County Road 127 City (or Township): Watertown Township, Minnesota County: Carver Minnesota Legislative District # 34~_A B (circle correct) If enrolled in an MPCA program: VIC Program I.D. # VP14790 LUST Program I.D.# 572 Other 2. If the site is located in the seven-county metropolitan area as defined in M.S. § 473.121, Subd. 2, you must be participating in the Metropolitan Council's Local Housing Incentives Program to qualify for a grant. Please attach a copy of your city council resolution required by the Metropolitan Council indicating your election to participate in their program. See Appendix A 3. Current property owner: City of Excelsior as a member and trustee for WAFTA 4. Property owner after cleanup and redevelopment: See Question #29 5. Name(s) of current environmental consultant and legal counsel if applicable Consultant: Geomatrix Consultants, Inc. - Mr. Christopher Thompson Phone: 952-935-1010 Attorney: Campbell & Knutson, P.A. - Mr. Soren Mattick Phone: 651-452-5000 6. Legal description of the site: SW ¼ of Section 12, T 117 N, R25W, Carver County, Minnesota. See Attached Legal Description from Site Survey Attach an accurate and legible site and location map showing locations of current prominent and relevant site features such as buildings, retaining walls, etc. Also indicate where contamination is suspected, and where furore development will occur. (Note: Site map shall include property boundaries and a north arrow and bar scale). Photographs are very helpful. See Figure 1, Figure 2, Figure 3, and Figure 4 in Appendix B 8. Acreage of Site: 20.16 Sq. Ft. of Site: 878,170 Investigation 2 -2273- FY 02 - FY 03 9. Zoning/Land use: A. Current: Industrial Mixed use Commercial Residential Other (specify): Agricultural Assuming the site gets cleaned up, what the is expected zoning/land use: Industrial: X Commercial: X Residential Mixed Use Other (specify). 10. Current economic condition: Vacant lot Developed site X (explain below) 11. If the site is currently developed with buildings but is not occupied, how long have the buildings been vacant? Vacant buildings since 1972 when use as a Nike missile base was discontinued - occasional use since 1972 for training or vehicle storage. II. SITE HISTORY 12. Please attach a brief synopsis of the site. Explain why you think the site is contaminated and give a general background/history of the activity on the site that may have caused or contributed to the contamination. See Attachment 1 III. CONTAMINATION INVESTIGATION INFORMATION 13. Current status of the investigation. A. Is the site enrolled in the MPCA VIC Program? Yes B. Has a Phase I Environmental Site Assessment been completed? Yes If so, attach a copy of the Phase I to this report. Attached C. Do you have an approved work plan to begin implementation of a Phase II? Yes, see MPCA approval letter March 4, 2002 (Appendix C) D. Has any of the work plan been implemented? No Eo Please provide copies of any approval and/or comment letters you have received from the MPCA VIC Program and copies of any reports documenting investigation activities that have been conducted to date. See Appendix C for a summary of work associated with the Site since 1995. Results of the work are presented in Appendix B. 14. Briefly summarize the identified contamination at the site to date (identified compounds, concentration, etc.), and the objective of the future planned investigation. If no soil or groundwater samples have yet been collected at the site, indicate this. See Attachment 2 Investigation -2274- FY 02 - FY 03 IV. COST ANALYSIS BUDGET 15. What are the total investigation and RAP development costs? $238,400 16. How much are you requesting from DTED? (This amount cannot exceed $50,000 or 75% of the total cost, whichever is less.) $50,000 Complete the budget table below. If you have already completed a Phase I investigation, you may include that cost in addition to the furore investigation & RAP development costs to be incurred. BUDGET SOURCES & USES Costs Eligible Activities for Already Date Costs DTED Local Local Investigation and RAP Match #1 Match # 2 Total Incurred Incurred Request + Cost + = Development Y / N Y 3/95 2,500* 2,500 Phase I ESA Preliminary Phase II Y 6/95-8/95 24,000* 24,000 Investigation Y 11/96-2/99 17,400 17,400 Phase I/Phase II Phase II Planning/Waste Y 1/01-4/02 19,000 19,000 Characterization VIC Site Investigation Work Y 12/01-2/02 6,000 6,000 12,000 Plan N 50,000 12,500 62,500 125,000 VIC Site Investigation N 12,500 12,500 25,000 PAP Development Y 1,750 1,750 3,500 MPCA Oversight N 5,000** 5,000** 10,000 MPCA Oversight Subtotals: 50,000 100,650 87,750 Total - Investigation & RAP Development: 238,400 * These costs are approxtmate as ortginal invoices cannot be located. ** Assumed MPCA oversight costs FINANCING 17. Please submit an audit, or financial statement if an audit is not available, from the municipality in which the site is located. See attached Mound Financial Statement Investigation -2275- FY 02 - FY 03 18. Is there a possibility that the site will be investigated without government money? No A. If. yes, what ~are the sources of fundingan.d dollar co-mmitmem from each? Source Funding Amount $ $ $ B. If no, what efforts have been made to secure other funding? Attempts to negotiate with US Army Corps of Engineers, Reliant Energy (former Minnegasco), and Xcel Energy (former NSP) to secure their cooperation in sharing costs of investigation and cleanup. LOCAL MATCH 19. The applicant must pay for at least 1/4 of the investigation costs as a local match. Twelve percent (12%) of the investigation costs must come from unrestricted funds (see letter B below). The remainder of the local match can be financed with any other funds available to the applicant (see letter C on following page). Follow the formula below to determine the amount of local match required and eligible sources of those funds. A. 1/4 of estimated investigation costs = $59,600 (this is the amount you must pay in local match). 12% of estimated investigation costs = $28,608 (this amount must come from the municipality's general fund, a property tax levy.for that purpose, or other unrestricted money available to the municipality [excluding TIF]). Source Amount WAFTA Member Dues (11 members * 1,200/yr in past) $100,650 $ TOTAL $100,650 Investigation -2276- FY 02 - FY 03 C. §ubtraet B. from A. from the previous page = $30,992. This is the remaining amount of the local match that must be met. This money may come from TIF, regional, state, or federal money available for the redeveloPment ofbrownfields or any other money available to the municipality. Source Amount US COE $ 87,750 (See Appendix D - Cost Sharing Agreement) $ TOTAL $ 87,750 GRAND TOTAL (this should equal the local match in A.) $ "is greater than A" V. SITE VALUE 20. What is the current assessed value of the site? $ 91,200 with structures (Carver County Assessor) 21. What is the estimated assessed value of the site should contamination be found and remediation completed? $ 355,000 What is the estimated assessed value of the site after redevelopment? $ -355,000 A. How were these figures determined? See Attachment 3 B. Who determined them? Preparer VI. REDEVELOPMENT POTENTIAL 22. Explain the likely use of the site after investigation and cleanup and how this was determined (give examples of prospective developers, interested parties, zoning requirements, etc.). See Attachment 4 23. If the site will be redeveloped for residential use, provide the following data: TOTAL # OF RENTAL UNITS TO BE DEVELOPED Monthly rental cost per unit $ Number of affordable units Construction cost per unit $ TOTAL # OF OWNER-OCCUPIED UNITS TO BE DEVELOPED Purchase price per unit/home $ Number of affordable units/homes Construction cost per unit $ Investigation -2277- FY 02 - FY 03 24. Are there any third parties who have expressed interest in redeveloping the site? Yes NOTE: If you answered affirmatively to this question you must fill out the third party information on Page 9. 25. What are the current property taxes on the site? $ Tax Exempt 26. What are the projected property taxes for the site when the site is cleaned and developed? $ NA JOB CREATION 27. Project the number of new jobs created after cleanup and development of site (attach additional pages if necessary). Are any jobs transferred from another Minnesota community or another state? How many? From where? JOB TABLE Position Title Total # of Total # of Annual Expected Full-time Part-time Wages Per Job Hiring Date Jobs Jobs Total Jobs - JMS will generate a number of jobs once the site is utilized for storing boats and recycling commercial appliances. JMS is still in the preliminary phase of negotiating with Carver County to determine the size and scope of the allowable operations on the Site. When JMS has completed these negotiations, a more detailed business plan will be prepared outlining the number of jobs these two operations will create. Investigation -2278- -2279- I;Y U~- FY U3 VII. THIRD PARTY/COMPANY COMMITMENT INFORMATION Third P~y/Comp~y Name: ~S Se~ices, Inc. Contact Person: Jim Salter Title: President Phone Nmber (include ~ea code): 612-741-9000 ~II. PAY~NT ~FO~TION 30. List below the appropriate i~o~ation to indicate where gr~t payments should be made. Mailing Ad&ess: 5341 Maywood Road, Mo~d, ~ 55364 Contact Person: Greg Pederson ~ E-mail ad,ess: Mo~dfiredept~hotmail.com Telephone Nmber (include ~ea code): 952-472-3555 F~ Nmber (include ~ea code): 952-472-0620 Mi~esota Identification Nmber: Mo~d = 8024096 State of Mi~esota vendor number: 03681100100 Federal Employer Identification Nmber: 416005396 Investigation 9 2280- IX. RESOLUTIONS 3 i, Resolutions must ~ ado~otedpfior to submission of the applicat!0~ p~age. The two required~ elements are: 1. A resolution from the governing body of the city where the project site is located, which approves the application. A. resolution from the applicant committing to the local match and authorizing contract signatures. Note: pursuant to M.S. 412.201, Statutory Cities must authorize both the Mayor and Clerk to execute all contracts. An applicant may either provide a separate resolution for each of the above, or combine them into a single resolution, as long as they include the same elements. Blank resolutions are included as examples for your convenience. You may choose to reformat them, but make sure to include all of the statements that appear in our examples. RESOLUTION # 1- City Approving the Application BE IT RESOLVED that the city of has approved the City where site is located Contamination Cleanup grant application submitted to the Department of Trade and Economic Development (DTED) on , by Date Applicant for the site. Site name I certify that the above resolution was adopted by the city council on Signed: AUthorized Official Date Title: Date: Witnessed by: ' Title: Date: Investigation 10 -2281 - RESOLUTION #2, Committing LocalMatch and Authorizing- Contract Signature BE IT RESOLVED that act as the legal sponsor tor project(s) (Applicant) . contained in the Contamination Cleanup Grant Program to be submitted on (Day/Mo/Yr) and that is hereby authorized to apply to the Department of (Title of Authorized Official) Trade and Economic Development for funding of this project on behalf of (Applicant) BE IT FURTHER RESOLVED that has the legal authority to (Applicant) apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that has not violated any (Applicant) Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, may enter into an agreement with the (Applicant) State of Minnesota for the above-referenced project(s), and that (Applican0 certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT RESOLVED that is hereby · (Title of Authorized Official) authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. Note: Do not include the proper name, only the title of the official. AND, if the applicant is a statutory city, two individual officials (titles only) must be authorized to sign agreements. Investigation 11 -2282- ATTACHMENTS -2283- Attachment 1 The site was originally undeveloped farmland, which was developed into a Nike Missile battery by the United States government starting in approximately 1958. The Nike missile battery was sold to the City of Excelsior as trustee for the Western Area Fire Training Academy (WAFTA) in 1974. WAFTA used the site for fire training during the period from 1977 to 1990. The property has been essentially vacant since 1990 except for occasional use of the site for storage of vehicles. The Nike Missile battery included three underground missile silo buildings and other support buildings such as an electrical generator building (Building D), missile assembly building (Building C), and warhead storage building (Building E). In addition, the site had acid neutralization pits, cisterns, an aeration tank, and a wastewater treatment pond used for treatment of wastes and wastewater. The use of various chemicals at the site during this period has likely impacted soil and groundwater. After the site was sold to WAFTA, an additional "smokehouse" building (Building F) was constructed for use in fire training. Two above ground storage tanks used for diesel fuel were present at the site during its use as a missile battery, and other underground storage tanks (USTs) were also present at the site. Three USTs were removed in 1987 and an observed petroleum release was reported to the MPCA resulting in the MPCA assigning leak #752 to the site. Some of the fire training activities and storage of materials at the site likely resulted in impacts to soil and groundwater during this period. Various cursory site investigations have been conducted during the period from 1987 to the present and these are described in more detail in Attachment 2. P:\7003-1 ~Project\dted Attachment 1 &2&3.doc -2284- Attachment 2 Contamination InVestigation Information The site has been the subject of various cursory environmental investigations since 1987. These include a "Contamination Evaluation Investigation" by Envirodyne Engineers in 1988, a Phase I Environmental Site Assessment by Braun in 1994-1995, and a "Phase II Environmental Site Assessment" by Baywest in 1995. The results of soil and groundwater sampling conducted during these investigations are summarized on Figure 3 and Figure 4 of the Phase II Investigation Work Plan prepared by Geomatrix in January 2002 (included in Appendix A). Operations at a typical Nike missile launch facility included storing, handling, and disposal of fuel and explosives, cleaning solvents, paints, thinners, batteries, and other products used for the operation and maintenance of the facility. Fire training operations conducted by WAFTA included use of fuels and chemicals such as petroleum products (leaded and unleaded gasoline, diesel fuel, jet fuel, propane), and methanol. Contaminants of concern have been found in soils, groundwater, surface water, and sediment at the site during previous investigations. These include petroleum hydrocarbons (gasoline or diesel range organics), lead, and chlorinated volatile organic compounds (Tetrachloroethene, Trichloroethene, Carbon Tetrachloride, and 1,1,1- Trichloroethane). It has been recommended that an inspection of the site be conducted for restricted wastes such as asbestos, mercury switches, and electrical equipment containing PCBs. P:\7003-1\Project\dted Attachment l&2&3.doc -2285- Attachment 3 (1984) and discussions with a nearby property owner and Real Estate Broker who lives and works in the western suburbs of the Metropolitan area. The value of the 20.16 acres after remediation was developed as follows: Land $10,000/acre = $201,600 Improvements (15,345 ft2) of office/warehouse space [former Nike Missile Silos] x $10/ft2 = $153,450 Total $355,050 P:\7003-1\Project\dted Attachment l&2&3.doc -2286- Attachment 4 WAFTA is currently~_~egotiafi~.~the.sal, e_o£ ~e Site_with. Iim Salter:_Presidentof~IMS services, Inc., a Minnesota Corporationl jMS Pians on Presenting WAFTA With a Purchase Agreement by May 3, 2002. The property is currently zoned agriculture and is limited to residential or agricultural purposes. JMS is in the process of rezoning the Site to an industrial or commercial district in order to erect several large storage facilities on the Site whereby JMS will winterize and store recreational boats. It is anticipated that the storage facility would be constructed above the three vacant missile silos. JMS also plans on developing a remanufacmring/recycling center for commercial grade restaurant appliances by 2004. This activity would take place in the empty silos. P:\7003-1\Project\dted Attachment l&2&3.doc -2287- CITY OF MOUND RESOLUTION NO. 02- A RESOLUTION APPROVING THE CONTAMINATION CLEANUP GRANT APPLICATION FOR THE WESTERN AREA FIRE TRAINING ACADEMY (WAFTA) BE IT RESOLVED that the City Council of the City of Mound, Minnesota, has approved the Contamination Cleanup Grant Application submitted to the Department of Trade and Economic Development (DTED) on May 14, by the City of Mound for the Western Area Fire Training Academy (WAFTA) site. 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 14th day of May, 2002. and seconded by Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk -2288- CITY OF MOUND RESOLUTION NO. 02-.~ RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE FOR WESTERN AREA FIRE TRAINING ACADEMY (WAFTA) BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the City of Mound act as the legal sponsor for the project contained in the Contamination Cleanup Grant Program to be submitted on ,2002, and that the Mayor and City Clerk are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Mound. BE IT FURTHER RESOLVED that the City of Mound has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the City of Mound has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practices. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Mound may enter into an agreement with the State of Minnesota for the above referenced project, and that the City of Mound certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. NOW, THEREFORE BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 14th day of May, 2002. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2289- MOUND LIQUOR STORE INTERIOR FINISHES Main 2. 3. 4. 5. e 7. 8. 9. Floors: Carpet and VCT flooring Painted gypsum board walls Painted exposed structure/ceiling Metal halide high bay lights with accent lighting Acoustic tile ceiling at wine area and office areas Plastic laminate checkout cabinets Wood racks for wine display Metal shelves for liquor display Lighted glass doors at cooler Basement Level: 2. 3. 4. 5. 6. Sealed concrete floor Concrete walls - painted Convenience outlets Fluorescent lights HVAC drops for air circulation Precast concrete ceiling -2290- 7645 Lyndale Avenue South, # 100 Minneapolis, Minnesota 55423 612.861.9636 Fax: 612.861. 9632 fmia r~hi~oe~c 0 ~] ~> cid 0 0 L i I i % % % % % % % [_J PURCHASE AND CONSTRUCTION AGREEMENT 5/9/02 draft THIS AGREEMENT, made and entered into this __ day of May, 2002, by and between Mound Marketplace, LLC, a Minnesota limited liability company ("Seller") and the City of Mound, a municipal corporation under the laws of Minnesota, or its assigns ("Buyer"). WITNESSETH: 1. Description of Store to Be Constructed and Property Sold. Seller, in consideration of the covenants and agreements of Buyer hereinafter contained, hereby agrees to construct and convey unto the Buyer, its successors and assigns, by contract for deed, accompanied by an abstract of title or registered property abstract and Seller's affidavit, upon the prompt and full performance by the Buyer of its part of this Agreement, a new municipal liquor store (the "Store") in the proposed Mound Market Place, Mound, Minnesota, constructed in accordance with the plans and specifications described on Exhibit A attached hereto (the "Plans and Specs"). The Store will consist of the ground and building and all fixtures and equipment necessary to commence operating a retail liquor store (exclusive of inventory and cash registers) (hereinafter referred to collectively as the "Property"). The Store will be approximately 5,100 square feet on the main level and 5,100 square feet on the lower level and will be attached to an approximately 32,600 square foot grocery store located at the Northwest Comer of County Roads 15 (Lynwood Boulevard) and 110 (Commerce Boulevard). The Property is currently a portion of Lot 1, Block 1, MOUND VISIONS 2Nr) ADDITION, Hennepin County, Minnesota. The Buyer will have exterior signage in an agreed-upon format consistent with the signage policy for Mound Marketplace. Seller shall construct the Store in a first-class, workmanlike manner. In addition, Seller timely construct and install, at Seller's sole expense, all common elements designated or described in the Declaration and the CIC Plat (as hereinafter defined). 2. Purchase Price. Buyer, in consideration of the covenants and agreements of Seller, hereby agrees to pay to Seller as and for the purchase price of the Property the sum of One Million Two Hundred Seventy-Five Thousand and no/00 Dollars ($1,275,000.00), payable as follows: (a) One Hundred Ten Thousand and no/100 Dollars ($110,000.00) (the "Earnest Money") upon execution of this Agreement, which amount shall be deposited with the Chicago Title Insurance Company (the "Title Company") to be held as provided Paragraph 15 of this Agreement; (b) One Hundred Ninety Thousand and no/00 Dollars ($190,000.00), in cash or equivalent at Closing (as hereinafter defined) (c) The Remaining Nine Hundred Seventy-Five Thousand and no/100 Dollars ($975,000.00) shall be payable by Minnesota Uniform Conveyancing Blank Contract for Deed (except as herein provided) (the "Contract for Deed") as follows: LMW-202421 v4 MU200-96 (i) (ii) Three Hundred Thousand and no/100 Dollars ($300,000.00) upon completion of fifty percent (50%) of the building shell of the Store. Three Hundred Fifty Thousand and no/100 Dollars ($350,000.00) upon 1 -2293- completion of one hundred percent (100%) of the building shell of the Store. (iii) One Hundred Fifty Thousand and no/100 Dollars ($150,000~00)upon (iv) completion of all tenant imprOvements and issuance of a certificate of occupancy for the Store (hereinafter referred to as "Completion"). One Hundred Seventy Five Thousand and no/100 Dollars ($175,000.00) with interest thereon from and after Closing at the rate of eight percent (8%) per annum due on the later of June 1, 2003 and the date which is six (6) months after Completion. The Contract for Deed shall contain the following additional provisions: (A) Payment under (i) above shall be subject to a ten percent (10%) retainage and payment under (ii) above shall be subject to a five percent retainage, all of which retainage shall be paid with payment under (iii) above, subject to Buyer's right to withhold for minor, punch list items in an amount equal to 150% of the estimated cost of correction or completion. (B) Except as provided in (iv) above, no interest shall accrue under the Contract for Deed; provided that during such times as Buyer is in default under the Contract for Deed, interest shall accrue on delinquent amounts at the rate of eight percent (8%) per annum. (c) All requests by Seller for progress payments shall be accompanied by a certification by Seller's architect (and Buyer's architect, if any) that the prescribed state of completion has been reached and lien waivers sufficient to insure Buyer's interests. (D) Except as otherwise provided below, Seller shall retain all rights of possession of the Property and all risk of loss shall be borne by Seller until Completion, at which time possession of the Property shall be delivered to Buyer. During the period of Seller's possession, Seller shall procure both liability and builders' risk insurance in appropriate amounts naming Buyer as an additional insured thereunder. LM W-202421 v4 MU200-96 (E) In the event that Completion does not occur by November 15, 2002, Buyer shall not be obligated to make the payment required by subparagraph (iii) above until the later of Completion and February 1, 2003. Without limiting the foregoing, in the event that Completion does not occur by February 1, 2003, Buyer shall have the right to both (1) offset against the all remaining amounts due under the Contract for Deed any and all amounts incurred by Buyer for occupancy costs (including rent) relating to Buyer's retaining its current municipal liquor store in its current location (or a substitute location), and (2) upon written notice to Seller, exercise the remedy of self-help and complete the Store itself (Seller hereby granting Buyer a non-revocable license to enter the Property, use the Plans and Specs, and Seller's construction contracts for such purpose) and offset an amount equal to one hundred ten percent (110%) of the costs of such self- 2 -2294- help against all remaining amounts due under the Contract for Deed. Notwithstanding the foregoing, the February 1, 2003 date in the preceding sentence shall be.~iequitably extendec/:by reason of~(x)~asualty--or--fire ............ which substantiatlydamages'the-'-Prop~erty; 'or (y)-'¢harrges-in the-Pla]xsm~rd- Specs required by the Buyer. (F) The Contract for Deed will provide for a one hundred eighty (180) day cancellation period. (G) Seller agrees and acknowledges that as long as Buyer owns the Property, the Property shall not be assessed any portion of the costs of Improvement Project (Mound Visions 2nd). Seller shall have the fight to collaterally assign the Contract for Deed to Associated Bank and Buyer shall execute any instruments reasonably required in connection with such assignment. (I) The provisions of Paragraph 1 and the provisions of this Paragraph 2 shall be incorporated into the Contract for Deed. 3. Contract for Deed. It is agreed that the Contract for Deed executed and delivered by Seller to Buyer at the Closing (accompanied by all customary affidavits and certificates) shall be subject only to the following exceptions: (a) Building 'zoning and platting laws, ordinances and state and federal regulations; (b) Reservation of any minerals or mineral rights to the State of Minnesota; (c) Utility and road easements of record that do not interfere materially with the use or development of the Property by Buyer as disclosed by visual inspection of the easement on the Survey; (d) The Declaration and CIC Plat (provided that such instruments shall comply with the provisions of Paragraph 5 hereof); (e) Any lien, claim or encumbrance incurred or suffered by Buyer. Said Deed shall be accompanied by all required well disclosure. 4. Taxes and Special Assessments. Seller shall pay all real estate taxes, interest and penalties, if any, and all installments of special assessments relating to the Property due and payable in the year prior to the year of Closing and the years prior thereto. Seller and Buyer shall prorate all taxes due in the year of Closing as of the Date of Closing. Seller shall be responsible for all Green Acres and other taxes due as a result of the sale of the Property and all levied or pending special assessments. Seller agrees and acknowledges that that as long as Buyer owns the Property, the Property shall not be assessed any portion of the costs of Improvement Project (Mound Visions 2nd). LMW-202421 v4 3 MU200-96 -2295- 5. Common Interest Community. As soon as available, Seller shall provide to B_tryer~mBuye~iew_and_appro~alMra~s~lLa_propo~ed declarafion4the "Defilaratio~d proposed condominium plat containing the Property (the "CIC Plat"), which approval shall not be unreasonably withheld. The Store shall be one of two (2) units comprising a common interest planned community, the other unit consisting of the remainder of Mound Market Place. The association for the community (the "Association") shall maintain the exterior of all structures and all common areas. All Association costs shall be allocated based upon square footage of building space, except that basement square footage used solely for storage shall not be counted. The Declaration shall permit Buyer to place signage in the common area having such size, location, and type as reasonably approved by Buyer. No exclusive or reserve parking rights shall be granted. No unit owner shall have the right to subdivide its unit. The Buyer shall waive the statutory disclosures and warranties under Chapter 515B. During such time as the Buyer owns the Store, the Association's board of directors shall at all times consist of three (3) members, one of which is the Manager of the City of Mound. No amendment may be made to the CIC's constituent documents, including the declaration, without unanimous consent of all unit owners (which consent Buyer shall not unreasonably withhold) with respect to, among other provisions, sale or encumbrance of common area, a substantial alteration to the common area materially adverse to Buyer's Unit (including permanent reduction in the number of parking space or permanent elimination of access), capital expenditures in excess of $100,000.00, and the aforementioned provision regarding membership on the board of directors. In the event that the Declaration is not approved by Buyer by May 14, 2002, or in the event that the CIC Plat is not approved by Buyer by June 15, 2003, either Buyer or Seller shall have the option to terminate this Agreement within five (5) business days thereafter, in which event the Earnest Money shall be refunded to Buyer, this Agreement shall be null and void and neither party shall have any further liability hereunder. With respect to either the Declaration or the CIC Plat, letters of approval from Buyer's counsel or attachment of such instrument to this Agreement as an exhibit shall constitute the requisite approval hereunder. 6. Restrictive Covenant. At Closing, Seller shall execute and record a restrictive covenant providing that as long as the Store is being operated as an off-sale liquor store, no other portion of Mound Market Place shall be permitted to conduct the off-sale selling of alcoholic beverages of any kind, including wine and beer. The foregoing restriction shall be contained in a recorded restrictive covenant enforceable by both the Association and the Buyer. 7. Option to Purchase. At Closing, Buyer shall execute a recordable instrument granting Seller (or its successor or assigns) an option to purchase the Store for fair market value which may be exercised for a specified period of time after the Buyer elects to sell the Store. If the holder of the option fails to timely exercise the option and the Buyer sells the Store to a third party for the fair market value, the option shall terminate; provided, however, that if Buyer elects to sell the Property to a third party for a purchase price less than fair market value (or if fair market value has not been determined as provided herein) (hereinafter referred to as the "Other Terms"), Buyer shall have a right of first refusal, exercisable within fifteen (15) days after notice by Buyer to Seller of the Other Terms, to purchase the Property on the Other Terms. If Seller shall timely exercise such right of first refusal, Seller shall buy and Buyer shall sell the Property on the Other Terms; otherwise, such right of first refusal shall terminate and Buyer shall have the right to sell the Property to the third party on the Other Terms free and clear of any rights or interests of Seller. Fair market value shall be determined by means of two (2) appraisers, one of LMW-202421 v4 4 MU200-96 -2296- which shall be appointed by Seller and one of which is appointed by Buyer. In the event that the two (2) appraisals differ by less than ten percent (10%), fair market value shall be the average of ~ two (2)_appraisa!s; OthermJ. sle,~theJav~-(2) appraisers shall-select-a_~ird-appraiseravhose appraised value shall constitute fair market value. 8. Examination of Title. Seller shall, within thirty (30) days after the date hereof, furnish Buyer a commitment for title insurance from the Title Company reasonably acceptable to Buyer committing to insure Buyer in the amount of the purchase price hereunder. Buyer shall be allowed thirty (30) days after receipt of the commitment and the Survey and the making of any objections thereto, said objections to be made in writing or deemed to be waived. The Seller shall use its best efforts to make such title marketable within six (6) months from its receipt of Buyer's written objection. Pending correction of title, the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice, Buyer shall perform as provided in this Agreement. If said title is not marketable and is not made so within six (6) months from the date of written objections thereto as above provided, Buyer may either (i) terminate this Purchase Agreement by giving written notice by registered mail to Seller, in which event this Purchase Agreement shall become null and void and neither party shall be liable for damages hereunder to the other party and the Earnest Money shall immediately be returned to Buyer; or (ii) elect to accept title in its unmarketable condition by giving written notice by registered mail to Seller, in which event the warranty deed to be delivered at Closing Date shall except such objections. 9. Survey. Seller shall procure, at its sole expense, and deliver to Buyer a survey of the Property prepared by a registered land surveyor (the "Survey"). If the Title Company is willing to grant Buyer a survey endorsement, the Survey need not meet ALTA requirements. 10. Default. If Seller, through no fault of Buyer, defaults in its obligations hereunder in any manner, Buyer may, by notice upon Seller, (i) terminate this Purchase Agreement or (ii) avail itself of an action for specific performance. If Buyer shall default in the performance of any of its obligations hereunder, then Seller shall be entitled to terminate this Agreement upon 30 days written notice to Buyer pursuant to Minn. Stat. §559.21 as Seller's sole remedy for said breach and no party hereto shall have any further claim against the other hereunder. In such event, Buyer shall provide Seller with its quit claim deed. 11. Representations and Warranties by Seller and Buyer. Seller represents and warrants to Buyer that: (a) There is no action, litigation, investigation, condemnation or proceeding of any kind pending against Seller or the Property which could adversely affect the Property, any portion thereof or title thereto. Seller shall give Buyer prompt written notice if any such action, litigation, condemnation or proceeding is threatened or commenced prior to the Closing Date. (b) To the best of Seller's knowledge, except as disclosed in the reports referred to in Paragraph 16 hereof, the Property has not been used for the generation, transportation, LMW-202421 v4 5 MU200-96 -2297- storage, treatment, or disposal of any hazardous waste, hazardous substance, pollutant, or contaminant, including petroleum, as defined under federal, state or local law. (c) If there is a well located on the Property; Seller will provide at Closing a well disclosure. There are no underground storage tanks located on the Property. There is no septic system located on the Property unless Seller has disclosed the same to Buyer. (d) To the best of Seller's knowledge, there has been no dumping or deposit of construction or other debris on the Property. (e) The Store shall be constructed in a first-class, workmanlike manner, fi'ee and clear of all liens or other encumbrances. Buyer hereby represents and warrants to Seller that the Buyer has under its control at least $1,100,000.00 in bond and other proceeds invested with maturities of less than one (1) year and such funds will be timely available as needed to meet Buyer's obligations hereunder. The parties hereby agrees that each of the foregoing representations and warranties shall survive closing hereunder and that the breach of any thereof shall constitute a default, whether said breach occurs prior to or after Closing, entitling the non-breaching party to exercise any remedy provided to said non-breaching party in this Agreement or as provided by law in the event of a default hereunder. In addition, if any of the foregoing warranties or representations shall be breached or shall be untrue, the breaching party shall indemnify and hold the non-breaching party harmless from any damages or liabilities relating thereto. 12. Closing. The closing ("Closing") of this transaction shall take place on the date that is five (5) business days after approval of the CIC Plat by Hennepin County, provided that in the event such approval is not forthcoming by August 1, 2002, either party may terminate this Agreement by written notice to the other, in which event the Earnest Money shall be refunded to Buyer and neither party shall have any further liability hereunder. At closing, Seller and Buyer shall deliver to one another the instruments specified herein. Possession of the Property shall be delivered to Buyer on the Closing, subject to Seller's obligation to construct the Store as provided in the Contract for Deed. 13. Notices. All notices provided herein shall be given in person or be sent by United States mail, either certified or registered, postage prepaid, to Seller c/o Metroplains, Inc., Attention Larry Olson and Brian Pellowski, 4969 Olson Memorial Highway, Golden Valley MN 55422, and to Buyer at City of Mound, 5341 Maywood Road, Mound, MN 55364, Attention Kristin Hanson. If notice is given by registered or certified mail, deposit in the United States mail of said notice on or before the date such notice is to be given shall be deemed timely and acceptable. 14. Broker. Seller and Buyer represent and warrant to each other that they have not engaged any real estate broker in connection with Seller's sale of the Property. Each party shall defend, indemnify and hold harmless the other party from any claims of any broker claiming through such party. 15. Earnest Money. account held by the Title Company. LMW-202421v4 MU200-96 The Earnest Money shall be deposited in an interest-beating All interest shall follow the principal. At Closing, the Earnest 6 -2298- Money shall be applied to the purchase price. In the event of termination of this Agreement as provided herein for any reason other than default by Buyer, the Earnest Money shall be refunded by --~h~-T4fl e-C~m p an y~to-kluy~r _ In the event of termination of this Agreement by reason of Buyer's default, notwithstanding the provisions of Minn. Stat. §559.21, that portion of the Earnest Money equal to Seller's Costs (as hereinafter defined) shall be disbursed by the Title Company to Seller and the remainder shall be disbursed to Buyer. "Seller's Costs" shall mean the those costs incurred by Seller in construction of the basement of the Store prior to termination of this Agreement. Upon written demand by Seller to the Title Company and Buyer for payment of Seller's Costs, accompanied by Seller's substantiation thereof, the Title Company shall disburse the amount of such demand unless within three (3) business days after receipt of such demand by Buyer and the Title Company, Buyer shall provide written notice of objection to such demand to Seller and the Title Company, in which.case the Title Company shall retain such disputed amounts until joint written direction of Seller and Buyer or other of a court of competent jurisdiction. In the event of a dispute under this subparagraph, the dispute shall be subject to binding arbitration by an architect mutually-agreeable to Seller and Buyer, the decision of which shall be binding on Seller and Buyer. 16. Reliance Letters. At or before Closing, Seller shall, at its sole expense, procure and deliver to Buyer reliance letters addressed to Buyer regarding the Phase I Environmental Site Assessments, prepared by STS Consultants, Ltd., STS Project 97660-XA, dated February 7, 2000, and STS Project 98075XA, dated January 23, 2001, in the form of the letters addressed to Seller dated April 10 and 11, 2002. 17. Miscellaneous. The terms, covenants, indemnities and conditions of this Purchase Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto, and shall survive the Closing Date. Time is of the essence of this Agreement. Buyer shall have the right to assign its rights under this Purchase Agreement. LMW-202421 v4 7 MU200-96 -2299- IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. SELLER: Mound Marketplace, LLC BUYER: The City of Mound By. Larry Olson Its Chief Financial Officer By Its By Its The undersigned hereby agrees to hold the Earnest Money and to disburse the Earnest Money as provided in this Agreement. CHICAGO TITLE INSURANCE COMPANY By hs LMW-202421 v4 8 MU200-96 -2300- EXHIBIT A TO PURCHASE AND CONSTRUCTION AGREEMENT PLANS AND SPECIFICATIONS KKE~_rchite as-fo ~i tding- arrdmit e- improvem-e ntsTdarert Cop ~ 2 Anderson-Urlacker Engineers for structural, dated May 1, 2002 Tusche-Montgomery Architects for leasehold improvements, dated May 14, 2002 LMW-202421 v4 9 MU200-96 -2301 - FAX: (~§P) ~?P-OSPO WEB: www,ciiyo~mound.com TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL PUBLIC SAFETY FACILITIES STUDY GROUP RECOMMENDATION FOR CONSTRUCTION MANAGER AND ARCHITECT FOR PUBLIC SAFETY FACILITY. MAY 10, 2002 The committee recommends securing the services of Amcon as the Construction Management firm based on: · The strong credentials of Todd Christopherson, President, who made the presentation to the committee, along with the Superintendent, Bill Kline. · Mr. Christopherson and Mr. Kline have worked together for sixteen years on projects of this size and type. · Costs were clear and competitive. · References received and letters of recommendation were positive. · Mr. Christopherson reassured the committee that this would be a priority project for their firm and he assures that it will be completed on time. · Successful Construction Manager for other public safety facilities in the area. The committee recommends securing the services of Short Elliott Hendrickson, Inc. for the position of Architect for the following reasons: · Technical expertise and familiarity with the project- have been involved in the initial space needs planning process. · Architectural costs are competitive. Mr. Miles Britz will serve as the Senior Project Architect and assures the committee that SEH has the resources available to expedite this project and complete it in a timely manner. ' printed on recycled paper -2302- · City staff has experienced a good working relationship in the past with SEH, Inc. ~-he City received seven proposals fr°m Construction Management firmS and eight from Architectural firms The Public Safety Study Group chose six of the top firms and reviewed presentation proposals from three construction management firms and three architectural firms. It is of utmost importance in this project that the construction management firm and architect work closely as a team to accomplish this project in a timely and cost effective manner. The Group will spend the next few days meeting with the top two recommended firms to assure complete compatibility. It should be noted that the three architectural firms were very close in their ability to accomplish this project. The committee feels that any of the three would be successful in providing the services needed for this project. Upon completion of a thorough review, the Study Group recommends hiring Amcon and SEH, Inc. for this important project. -2303- CiTY OF MOUND FAX: (952) 472-0620 WEB: www. cityofmound.com INTERVIEWS PUBLIC SAFETY FACILITY MOUND, MINNESOTA Thursday, May 9, 2002 Construction Management Firms 8:15 Kraus-Anderson 9:30 Amcon 10:45 Bossardt Alternate: E&V 12:00 Decision over Lunch Architectural Firms 1:15 BKV 2:30 SEH 3:45 Bueltow 5:00 Alternate: Collaborative Design Group Decision t printed on recycled paper -2304- Interview panel should supply Bonnie with first, second and third p!~_ce c~ndJd~tes for CM ~nO. ~rch~tec~. She will c~!! ~nd project, dropping to the next party on the list should a firm decline. Bonnie will write the recommendation on behalf of the Facilities Study Group which will be included in packet along with the supporting information for two firms being recommended. Bonnie should set up interviews with the two finalists and me for any time Monday, May 13. (I will pass on an interview with SEH, should they be selected.) They should attend the City Council meeting and meet the Council on May 14. Motions on the agenda: Action on resolution authorizing staff to enter into an agreement for construction management services for the public safety facility project. Action on resolution authorizing staff to enter into an agreement for architectural services for the public safety facility project. Resolutions will be drafted by Bonnie and included in packet. Bonnie should ask the two firms to bring their proposed contracts along to the Council meeting, if possible. Gino should send copies with John Dean for his review. Gino should fax copies to our liability insurance firm for their comments. Tip: The CM should have professional liability coverage for at least one year after occupancy. Gino should fax a copy to Mary Ippel at Briggs and Morgan for her opinion. Tip: The builder's risk insurance should only cover the cost of the building, not the total cost of the project. The first PS Project Team meeting is Wed, May 16, at 4:30 p.m. They can attend at their own risk. The contracts will not be signed until all the review is completed and all the details are negotiated. -2305- THIS PAGE IS INTENTIONALLY LEFT BLANK -2306- CITY OF MOUND RESOLUTION NO, 02- RESOLUTION FOR AUTHORIZATION TO ENTER AN AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES WHEREAS, the City received proposals for Construction Management Services for the proposed public safety building on May 6, 2002; and WHEREAS, the Public Safety Facilities Study Group has examined and considered said proposals; and WHEREAS, the Study Group conducted interviews with the perceived top three candidates for the Construction Management Firm; and WHEREAS, after tabulating and considering the information received at these interviews the Study Group recommends securing the services of Amcon, 200 West Highway 13, Burnsville, MN, to serve as the Construction Management Firm for the Public Safety Facility, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to hereby direct and authorized the City Manager to execute a contract for Construction Management services with Amcon, 200 West Highway 13, Burnsville, MN, 55337, based on the approved proposal, but subject to review and approval by the City Attorney and the City's insurance carrier. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 14th day of May, 2002. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2307- THIS PAGE IS INTENTIONALLY LEFT BLANK -2308- CITY OF MOUND RESOLUTION NO. 02- RESOLUTION FOR AUTHORIZATION TO ENTER AN AGREEMENT FOR ARCHITECTURAL SERVICES WHEREAS, the City received proposals for Architectural Services for the proposed public safety building on May 6, 2002; and WHEREAS, the Public Safety Facilities Study Group has examined and considered said proposals; and WHEREAS, the Study Group conducted interviews with the perceived top three candidates for the Architectural Firm; and WHEREAS, after tabulating and considering the information received at these interviews the Study Group recommends securing the services of Short Elliott Hendrickson, Inc., Butler Square Bldg, 100 North 6th Street, Minneapolis, MN, to serve as the Architectural Firm for the Public Safety Facility, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to hereby direct and authorized the City Manager to execute a contract for Architectural Services with Short Elliott Hendrickson, Inc., based on the approved proposal, but subject to review and approval by the City Attorney and the City's insurance carrier. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 14th day of May, 2002. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2309- THIS PAGE IS INTENTIONALLY LEFT BLANK -2310- March 27, 2002 To: Kandis Hanson City Manager and City Council From: Greg Skinner Public Works Subject: 2001 Annual Report Street Department The street department's primary function is to maintain and repair the Cities streets and storm sewers. The City has 5 full time employees in the street department. I have listed the names of the personnel below. NAME TITLE Don Heitz Tim Johnson Dan Grady Frank Heitz Lee Giese Equipment Operator Equipment Operator Equipment Operator Equipment Operator Equipment Operator The street maintenance supervision is handled mostly by myself. I delegate certain project or tasks to each employee. Examples would be sealcoating; Don will prepare the streets and work with the contractor. Sign repair, Dan and Lee will replace, repair, and order signs. Street sweeping, Tim will schedule and complete the 2 sweeping per year. Frank will repair and schedule maintenance of the equipment. I handle all question and complaints and try to resolved them. Some of my other duties include reports, budget preparation, supervising -2311 - personnel, evaluations, emergency call outs, construction meetings, project inspections, purchasing of road materials, etc. The following is a list of duties and tasks for the street department. Please keep in mind that this covers repair and maintenance for over 50 miles of roads, 12 parking lots, 27 cul-de-sacs, and 11 miles of sidewalks. Plowing and sanding, sweeping, clearing street right-of-way of brush, trees limbs, maintenance of storm sewer, street sign repair and installation; curb and sidewalk repair and snow removal, street lights, maintenance of equipment; banners and Christmas decorations. It's my responsibility to determine when we plow and sand the streets. I depend on the national weather service, local weather reports, computer images and the police department for information concerning any weather system that is moving in our direction. Most of the time I am out checking the street to determine if and when we will start plowing and sanding~ If at all possible I willwait-un~il it stops- ....................... snowing before we go out to plow. If we have ice conditions we will be out as soon as possible. When we plow everyone is out.. We have 5 single axle truck that have front plows, right side wings, and sanders. We have 5 four-wheel drives with plows and 2 skid-steers, 1 has a plow and 1 has a snow blower for the 11 miles of sidewalk. This year was not a typical winter. Below average snow and above normal temps. The early part of spring we start our right-of-way repair and maintenance. This includes repair of water main break patches, tree trimming, hanging of the summer banners, storm sewer cleaning and street sweeping. The street sweeping is a big and time consuming job. We have 2 street sweepers, one sidewalk broom, 2 trucks to haul, and 1 tanker. We sweep everything. This task takes 3 to 4 weeks after a normal winter of sanding. When this completed we start to get ready for the seal-coating project ( which will not happen this year) and any other street repairs that are needed. This last spring and summer saw no real damage or delays from sever storms. The city storm sewer system is a very large system. I am unsure how many miles of pipe there is. We have 370 catch basins and 81 sump catch basins. We clean these once every year and clean the sumps twice every year. We will repair as much as we can but the larger repairs have to contracted out. Each year we try, if funds are available, to do some repairs. With the new storm water fee's that we will start receiving in the year 2001 we will be able to do more repairs and upgrades. The cities street sign systems is still a mess. However, we now have an official street sign map and will start to fix the problem in 2002. Every year I try to repair as much sidewalk as possible. On an average I will replace 10 sections and about 100 feet of curbing. -2312- The street department budget was over 7.5% for the year. Items that caused this overrun are as followed. Motor fuels Shop materials I::quipment parts Street materials Professional services $5,000 $2,600 $5,000 $8,000 $11,000 2Carlson equipment for skid-steer $11,000 Public Utilities - Water and Sewer distribution and the other being sanitary sewer collection. The water department has 2 full time employees. We sell water to approximately 3500 customers. The city has 4 wells, one booster station and combine storage of 575,000 gallons in 2 towers and 1 standpipe. We have approximately 45 miles of water main. We are all so Interconnected to the city of Spring Park at the Seton Bridge and we have 2 interconnection with the city of Minnetrista. Chris Pounder and Mike Anderson work in the water department. Both read, repair, and install water meters, water and sewer inspection and do locates for utilities. Chris and Mike are new employees are in the process of learning the water and sewer system. The Public Utilities are operated like a business. Revenues are generated from the sale of water, meter sales, and service charges. Salaries, benefits, and operating expenses are paid from the revenues we receive. The water department works closely with the inspection department, city engineer, and city planner on new construction, new development, utility upgrades or new installations. This includes site and plan review and inspection along with discussions with the developers. There are 2 budgets prepared for Public Utilities, 1 for the water department and 1 for the sewer department. The water departments budget for 2001 was $478,00.00. The sewer departments budget for 2001 was $948,000.00. Line item expenses do not vary much from year to year. The biggest percent of increases every year come from capitol outlay, workers compensation, liability insurance, and met council for sewer charges. -2313- The MPCA requires that the city has at least one full time employee with a class C certificate in water supply operations. The city is also required to have one full time employee with a class D certificate in wastewater operation. Each employee, this also include Joyce, is sent to either water or sewer schools every year. Certificates are renewed every three years. In addition they are sent to various 1-day schools, training seminars, and conference. Two years ago we hired the independent company Safe-Assure to keep us in compliance with OSHA standards and regulation. This training is done once every other month. What happen in 20017 For 2001 we had 20 water main breaks. No major repairs were needed. Every year we have our water towers inspected. They check the condition of the coating and~anedes~inside-t~he-towe~rs. This year~,we need~ecl~e ~reptaee~seme These anodes-prolong the life or ' . I mentioned earlier the city has 4 wells. We did not have any major expenses this year. We also are nearing the end of our copper testing for the MN Health Department. This has been a long and time-consuming process. One note on this, there is no health threat to the customer. We still need to work out a few bugs. Every year we flush the water system twice. We do this in the spring and fall. We this between 9:00pm and 5:30am. This reduces the chances of creating rust problems to the customer. For the year we pumped 310,000,000 gallons of water, The year-end budget came in 3% over. The Sewer Department has 3 full time employees. Damon Hardina has been with the city since 1994. Scott Kivisto has been with the city since 1985. Al Kestner was moved from the water department. Scott and Al work on the sewer line and storm sewer maintenance. They are responsible for maintaining 31 sewer lift stations, well pumps, and sewer line cleaning, and televise the sewer and stormsewer lines. Lift stations are checked twice a week. They perform pump repair, electrical repairs, pump removal, and seal replacement. Any major repairs are sent out. During the warm weather months they will spend time cleaning sewer lines with the jet-vac. We try to get 40,000 to 50,000 feet cleaned per year. This year we started to televise our sewer lines with a camera set-up that we purchased. This will allow us to repair and replace any sewer line that has I/I more quickly than in the past. With the jet-vac and camera we can work year-round. To the insurance company this is a very important factor for determining liability. They have given us a timetable that they say we should meet. We have 60 miles of sewer main in the city. They want us to complete the cleaning of the lines every 4 years. That would mean we need to clean about 80,000 feet per year. I feel that we will be able to meet this goal. The sewer department was 2.25% under budget. -2314- 5431 Mayw00d Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: Honorable Mayor and City Council Re: Planning and Building InSpection Department Annual Report On behalf of the Planning and Building Inspection Department, I am pleased to provide the annual report for 2002 for the City Council' s review and consideration. PEP_SQNNEL Perhaps the most significant changes in the Planning and Building Inspection Department in 2001 involved its personnel. Specifically, Jill Norlander was hired in February 2001 as the new Administrative Assistant and the position of Community Development Director was established and filled in August 2001. Lastly, Building Official Jon Sutherland left his position in October 2001 to accept a similar job with the City of Albertville. Support building inspection services were provided from Metro West Inspections and John Breitner (plumbing) in 2001. Metro West also served as the City's interim building inspector following Jon Sutherland's departure until the hiring of Building Official Matt Simoneau in April 2002. Matt previously served as a Building Inspector for the Cities of Blaine and Minneapolis and began his duties on April 29, 2002. He is certain to be a welcome addition to the City of Moundl 2001 BUILDING PERMIT SUMMARY The summary of the building permit activity in the City of Mound for 2001 has been included as a separate attachment. The City experienced a significant increase in roofing and siding permit activity in 2001 which can be directly attributed to the June 2001 storm which damaged many homes in the City of Mound and surrounding areas. Two (2) significant residential projects were approved in 2001 which substantially added to the City's housing inventory including Langdon Bay which added (73) lots and Village by the Pond which added (99) residential units. To date, approximately (25) building permits have been issued in Langdon Bay and two (2) building permits totaling seven (7) units have been issued in the Village by the Pond project. -2315- It is anticipated that the building permit for the retail component of the MetroPlains project (Mound Marketplace) will be issued in the next few weeks. Additionally, work on the new Mound Post Office is expected to begin within the month. PLANNING COMMISSION ADMINIS~TION 2001 Planning Commission Cases. A total of (45) land use applications were reviewed by the City of Mound in 2001. A summary of the Planning Commission land use cases for 2001 has been included as a separate attachment. Listed below is a summary of the specific cases that were reviewed and prepared in-house: · Cli~'_&m__~_._~:dmem ~'26~2 Commo2_ece-'Bou!ev~dytM._~_--hogEnS~'Bay) ...... Variance - 3001 Brighton Boulevard (Anderson) · Vacation - Block 3, Shirley Hills Unit F (Willette/WWT Partners) · Variance- 2548 Avon Drive (Gables) Variance - 2928 Tuxedo Boulevard (Hudak) · · Variance- 5993 Bartlett Boulevard (Peterson) · Variance - 3022 Bluffs Drive (Schultz) · Variance (Executive Report) - 3033 Brighton Boulevard (Milton) To assist with review of land use applications, City staff has implemented a multi-department review procedure as well as the preparation of an Executive Summary to provide an overview for the City Council which documents the details associated with the Planning Commission's review and recommendation of each land use application. PUBLIC LANDS PERMITS The Planning and Building Inspections Department provides support to the Parks and Public Works Departments regarding the review of Public Lands Permit applications including the preparation o£reports. City staff anticipates that the Public Lands Permit Procedure Manual will be updated in 2002 in cooperation with the Parks Department to reflect changes to City Code Chapter 320 which were authorized and approved in 2000. -2316- COMPLAINTS AND ORDINANCE VIOLATIONS The Planning and Building Inspections Department continues to provide assistance and support to other City departments with regard to code complaints and nuisance related issues. The majority of these matters are handled primarily by the Community Service Officer who has done an outstanding job to alleviate a number of long-standlng problems in the City of Mound. Members of the City Council are advised that a new nuisance ordinance was prepared in late 2001 and is currently under review by City staff. PLANNING CO~SSION ADMINISTRATION Planning Commission Projects Update. City staff has implemented the preparation of a monthly project update which serves as a communication device so as to keep the Planning Commission informed of current activities as well as upcoming land use applications. Planning Commission Work Rules. The annual review and update of the Mound Planning Commission Work Rules was completed in March 2001. Sam-ple-Pianning-Reports:---Sampies of planning reports were distributed to the Planmng Commission tn September 2001 to help determine whether not the current fbrmat should be revised to allow for easier review and analysis. Land Use Training. City Attorney John Dean attended the January 7, 2002 PC meeting to conduct land use/legal training. City staff also distributed several informational land use and zoning documents and/or training manuals to the Planning Commission. 2002 Projects List. The list includes a list of possible projects to be undertaken in 2002 by the Planning and Building Inspection Department: N°.n-conforming lots, structures and uses - additional streamlining measures · Administrative review and approval of boundary adjustments · Review of street vacation review process ·Review of CUP and zoning amendment processes Review of City Code Chapter 365 - signs · Review City Code Chapter 350:440 - required yards and open space · Amendment of zoning ordinance and comprehensive plan - consistency issues pursuant to M.S.S. · Amendment to zoning districts - public utility uses and buildings - 2317- Land Use Application Processing. Pursuant to M.S.S. 15.99, letters to land use applicants are now mailed within (10) business days to advise them whether or not the application (ie., variance, etc.) is complete or incomplete. Land Use Permit Applications. Administrative Assistant Jill Norlander updated the City's permit application packets in 2001 to provide additional details regarding submittal requirements, application deadlines and City staff's review procedures. PLANNING AND BUILDING INSPECTIONS DEPARTMENT MAJOR PROJECTS ----__~elo~:~t_~kqL-Of~:maiar nroi~ta: whiah uaere=.c,c~:mpletecl_:hv th~ Plannin~ ancl ~, filcllno Inan~mlcmc . Department. It ~s ~mportant to note that several of these projects were completed' in cooperation axed · MetroPlains Final Plat / EAW / Subdivision Agreement - September/October 2001 · CSAH 15 (on-going) · Mound Surface Water Management Plan ( May 2001) · MCWD / City of'Mound Cooperative Agreement (October 2001) · Mound SWMP - Zoning Ordinance Amendments (March 2002) · Langdon Bay Development Agreement (September 2001) · Langdon Woods Development Agreement (September 2001) · W/S Fee Schedule / Ordinance Amendments (January 2002) · Nuisance Ordinance (in progress) · Park Dedication Fee Increase (February 2002) · Building Official Project Close-Out List (in progress) PLANNING AND BuILDING INSPECTION DEPARTMENT RECOMMENDATIONS Building Permit Processing and Survey Information. Due to on-going concerns from City staff with regard to building permit processing, it is strongly suggested that the City Council amend its policy to require the submittal of updated survey information for all building permit applications. Additionally, the implementation of a pre-construction site inspection should be considered to ensure property staking of the proposed structure and compliance with the certified land survey. Escrow Review. City staff is working cooperatively to review previous escrow accounts on file with the City of Mound. The City Council may wish to consider the establishment of a policy which states that escrow accounts should be released and/or refunded if there has been no activity on the project for the last (12) months. -2318- Escrow Deposits. City staff offers the following recommendations with regard to escrow deposits: 1. A residential construction escrow for building permits should be established. 2. A project tracking form should be prepared in order to provide improved tracking for billing purposes. 3. The City's required escrow deposit for land use applications amounts need to be evaluated. Joint Planning Commission / City Council Communication. City staff would like the City Council to consider the possibility of scheduling quarterly joint workshops to discuss cooperative pr_gj_ects and ~lie pi~lyarati'on ofan~annuat work pi-an. Subdivision Information Policy. It is suggested that a department policy be established to indicate that City staff will provide the City's roles and regulations to developers and/or other interested parties with regard to proposed subdivisions but will not provide formal comment whether or not an application meets the City Code unless all appropriate information including an updated survey has been provided. Moreover, it is the applicant's responsibility to submit all requested information. Members of the City Council are advised that it is quite common for developers and/or realtors to make _Jnclumes __w_ith. _rega~r¢ _to~the_ ti~asibil_ity _ o_f __s_u. bdi_vj_ding a particular_property b_as_ed on minimal information such as a plat drawing from Hennepin County which provides minimal information. SUMMARY On behalf of the Planning and Building inspections Department, I would like to express my sincere thanks to the City Council and Planning Commission for their dedication and commitment to our department and to the City of Mound. The countless hours that are spent on land use and permitting issues do not go unnoticed. Additionally, I would like to thank the other City departments and consulting staff that have provided assistance and staff support over the course of 2001 and who have helped make my short tenure in Mound very enjoyable. As always, we welcome any suggestions or comments that the City Council may have. You can be assured that we will continue our endeavors to improve efficiency and customer service in our department. It is certain that 2002 will bring many positive and exciting changes to the City of Mound. -2319- Case # CASES FOR PLANNING COMMISSION FOR 2001 DATE TYPE OF CASE APPLICANT SUBMITTED STATUS 01-01 Zoning Amendment City of Mound 1/17/01 01-02 Conditional Use Steve Codden 1/4/01 .................... 5240 & 5212 Lynwood Withdrawn ;:. 0!~03 Mi~3or_Subdivision_ ~rI & p~fricia 15alm~ui.~t _-%9=-01 ,.- Fii~ 4520 Debigh Road 01-04 Conditional Use City of Mound 1/17/01 01-05 Minor Subdivision Brenshell Homes 4646 Island View Drive 2-5-01 Filed 01-06 01-07 01-08 01-09 01-10 01-11 01-12 01-13 01-14 01-15 01-16 Variance Variance Minor Subdivision Variance Variance Variance Final Plat Final Plat Variance Variance Variance John & Pam Shaughnessy Mark Hanus 4446 Denbigh Road John & Pam Shaughnessy 6024 Cherrywood Steven & Sharon Corl 4225 Wilshire Blvd Carl & Patricia Palmquist 4520 Denbigh Road Craig Rose 5100 Edgewater Drive R.H. Development Langdon Bay Brenshell Homes Langdon Woods Dale & Rebecca Simons 4711 Cumberland Road Kevin and Debra Larson 4525 Denbigh Road Keith Brown 4957 Edgewater Drive 1/18/01 1/27/01 1/18/01 3/7/01 3/9/01 3/15/01 4/9/01 4/11/01 4/13/01 4/13/01 4/16/01 Withdrawn Filed Withdrawn Filed Filed Approved Filed Filed Filed Approved Filed -2320- Variance Elizabeth Maldonado 4/7/01 Withdrawn 5142 Waterbury Road 01-18 Minor Subdivision Steve Codden 4/17/01 Withdrawn 01-19 Variance 01-20 Easement Vacation 01-21 Street Vacation Steve Codden R.H: Development Lang~a~ Kells Lane Pending Jonathan Paul CC 4679 Wilshire Blvd 4/17/01 Withdrawn 5/3/01 Filed 5/10/01 01-22 Variance Karla Pederson 5/11/01 Denied 2754 Cardigan Lane 01-23 Street Vacation Butternut Road 5/17/01 Filed R.H. Development Langdon Bay 01-24 Variance Douglas Dunser 6/6/01 Approved 5984 Sunset Road 01-25 Variance Greg Goodfellow 7/6/01 Filed 1705 Baywood Shore Drive 01-26 Minor Subdivision Brenshell Homes for 7/10/01 Approved Arlie Weitnaur 1642 Gull Lane 01-27 01-28 Variance Mary & James Merchant 7/10/01 Filed 5116 Tuxedo Boulevard 01-29 Variance Jan & Jim Taylor 7/11/01 Filed 4345 Wilshire Boulevard 01-30 Variance Village by Cook's Bay LLC 7/11/01 Filed 5600 Lynwood Boulevard Cell Tower 01-31 Variance Brenshell Homes for 7/17/01 Approved Arlie Weitnaur 1642 Gull Lane -2321 - 01-32 Variance 01-33 Variance 01-34 Variance 01-35 Variance 01-36 Vanance 01-37 Variance Elizabeth Maldonado 8/8/01 5142 Waterbury Road John Smyth 8/8/01 4846 Wilshire Boulevard Thomas Peterson 5993 Bartlett Boulevard Mike & Klm Schulz 8/9/01 3022 Bluffs Drive Stephen Hudak 8/8/01 2928 Tuxedo Boulevard Steve Swenson 8/2/01 4865 Island View Drive Approved Filed 8/13/01 Filed Approved Filed Approved - 01=38~ ........~/ariance .............. Gwen& Clint Gables 8/30/0t Approved 2548 Avon Drive 01-39 Vacation David & Eleanor Willette 8/30/01 2542 Lost Lake Road Approved 01-40 CUP Amendment Mahagony Bay Todd Warner Approved 01-41 FINAL PLAT Mound Visions 2nd Addition Metro Plains Development Approved 01-42 Variance And~w & Paula Anderson 10/5/01 3001 Brighton Boulevard Approved 01-43 Variance Judith Milton 10/10/01 3033 Brighton Boulevard Approved 01-44 Minor Subdivision Amerie Civic Corporation 10/31/01 2333 Wilshire Boulevard Approved 01-45 Street Vacation Amerle Civic Corporation 10/31/01 B 3, Shirley Hills Addn - alley 2333 Wilshire Boulevard Pending 01-46 Street Vacation Jeffery & Pamela Paul 12/11/01 Kells Lane Pending -2322- CITY OF MOUND BUILDING ACTIVITY REPORT DECEMBER YEAR: 2001 THIS MONTH YEAR TO DATE RESIDENTIAL NEWCONSTRUCTION II#PERMITS I#UNITS IVALUATION II#UNITS II VALUATION SINGLE FAMILY DETACHED 5 5 1,053,800 17 3,494,105 SINGLE FAMILY ATTACHED 4 430,000 TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL 5! 5 1,053,800 21i 3,924,105 I COMMERCIAL (RETAIL/RESTAURANT) I 141,794 OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL 0 0 I 141,794 ADDITIONS TO PRINCIPAL BUILDING 2 99,014 37 1,363,487 DETACHED ACCESSORY BUILDINGS 15 246,455 DECKS 2 25,200 63 298,174 SWIMMING POOLS ~EMODEL - MISC. RESIDENTIAL 53 292,623 1171 7,227,684 ~,EMODEL - MULTIPLE DWELLINGS 7 49,457 SUBTOTAL 57 0 416,837 1293 9,185,257 ON-RESlDENTIAL 3OMMERCIAL (RETAIL/RESTAURANT) 5 22,157 E)FFICE / PROFESSIONAL 3 197,911 NDUSTRIAL 3UBLIC / SCHOOLS 5 220,619 DETACHED ACCESSORY BUILDINGS 1 65,000 1 65,000 SUBTOTAL t 65,000 14 505,687 DEMOLITIONS II~ PERMITS I IVALUATION IF PERMITS I VALUATION ~,ESIDENTIAL DWELLINGS 2 9 NON-RESIDENTIAL DWELLINGS 3 MOVE BUILDING - RESIDENTIAL 1 TOTAL DEMOLITIONS 2 0 13 # UNITS ~PERMITS # UNITS VALUATION ~ PERMITS VALUATION tOTAL 6511 511 1,535,637 II 1,342 II 13,756,843 I THIS I YEAR - TO- PERMIT COUNT MONTH DATE BUILDING 65 1342 FENCES & RETAINING WALLS 0 28 SIGNS 3 15 PLUMBING 14 191 MECHANICAL 11 141 GRADING 2 8 S & W, STREET EXCAV., FIRE, ETC. 10 45 TOTAL I 1o5 I 177o -2323- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Honorable Mayor and City Council Sarah Smith, Community Development Director Greg Skinner, Public Works Superintendent Matt sim°neau, BUilding OffiCial Date! John Cameron, City Engineer 5/9/2002 Re: New Residential / Remodel Construction Policies and Procedures Residential Construction Escrow City staff would like an opportunity to discuss the establishment of an escrow deposit which would be required for construction of a new single-family dwelling and/or renovation project (ie. garage addition,, second floor addition, etc.) which would be posted by the builder and/or property owner prior to the issuance of the Certificate of Occupancy. The purpose for the proposed escrow deposit is to ensure that outstanding issues, including but not limited to, grading and drainage, utilities locations and landscaping activities have been satisfactorily addressed in the event a Certificate of Occupancy is requested and issued by the Building Official. This escrow deposit could also be used in the event that damage is done to local streets as a result of the residential construction project. It is also anticipated that the new escrow program will reduce and/or eliminate the need for temporary Certificates of Occupancy. Recently, City staff'has experienced a number of"after-the-fact" problems that have surfaced after a Certificat9 of OcCupancy has been issued and the properties have been subsequently sold by the builder anWor developer It is City staff's position that the establishment of an escrow could protect the buyers and/or new Mound homeowner' s in the event there are site problems and/or utilities cOrrections which need to be remedied. In the event that the escrow deposit is favorably received, City staff`recommends that the following schedule be considered: Final grading $ DrivewaY installation As-built surveys Tree planting Landscaping Utilities Misc. building code requirement(s) 500.00 1000.00 500.00 250.00 (each) 1000.00 Staff estimate based on value of work Staff estimate based on value of work -2324- Residential Driveway Surface Requirements City staff'respectfully requests an opportunity to discuss the current regulations regarding driveway surfacing. At the present time, the City's regulations do not require residential driveways to be surfaced with asphalt or concrete. However, due to on-going problems primarily associated with mn-off, City staffwould like the Council to consider amending the City Code to require that driveways must be paved on all new residential construction and major renovation projects including, but not limited to, the addition ora new attached or detached garage. City staff welcomes the opportunity to review and discuss these issues with the City Council. Attachments · CityofBlaineFinal Check~OffEscrow Requirements · City of Blaine Final Inspection Notice Page 2 -2325- CITY OF BLAINE FINAL INSPECTION NOTICE PERMIT NO. ADDRESS SCHEDULED COMPLETED DATE TIME OWNER/CONTR. TEL. NO. ZONING OCCUPANCY METER SERIAL NUMBER: PLBG FINAL: MECHANICAL FINAL: ELECTRICAL FINAL: SEPTIC FINAL: FIRE SUPPRESSION FINAL: BUILDING FINAL: [] DECK COMPLETED [] NO DECK - DOOR BLOCKED ESCROW: [] AS-BUILTS $ [] FINAL GRADE $ [] BLACK DIRT/SOD $ [] FRONT YARD TREES $ [] TOTAL $ [] DRIVEWAY $ [] TREE PRESERVATION $. [] ESCROW INSPECTION FEE $. [] BLDG. CODE ITEMS FEE $ C.O.s WILL BE READY FOR PICK UP BY NOON THE FOLLOWING WORK DAY [] OK TO ISSUE C/O [] NOT OK TO ISSUE C/O [] CORRECT WORK - CALL FOR REINSPECTION [] INSPECTION REQUIRED - CALL TO ARRANGE ACCESS BUILDING INSPECTION DEPT. 9150 CENTRAL AVENUE N.E. BLAINE, MN 55434 Inspector's Signature Phone: (763) 785-6170 Green Copy/Inspector's Copy -2326-/Builder's Site Copy FINAL CHECK-OFF ESCROW REQUIREMENTS ADDRESS: OWNER/CONTRACTOR: FIELD INSPECTOR: DATE: I. Curb stop box in driveway. Yes. No Curb stop box located in driveway with a Ford Type A lid cover Yes No Shut off brought to grade flush with sod or driveway. Yes No 2. Driveway completed. Yes No Side yard set back approved. Yes No Width approved. Yes__ No No brush piles or construction debris pushed onto neighboring lots __ · Tree preservation plan complied with __ Other unique requirements as per development agreement and covenants. Also, if the new house is in the designated flood-plain management area, as noted by the City Engineer, is there an as-built elevation from an R.L.S. in the permit file qualifying lowest floor elevation! Landscaping improvements or other site requirements that are required for single family homes either by ordinance or development agreement can be completed after Certificate of Occupancy provided an escrow has be deposited with the City. The escrow will contain a fee to be collected at the time of escrow to cover the City's cost of re-inspection. An additional fee of $100 may be charged by the City for work that is not completed within the 30 days. 5. Final grading completed per grading plan. ($1,000) 6. A minimum of four (4") inches of black dirt on all yards before laying sod. R-1, R-1AA $750 R-lA $1,000 7. Sodding of boulevard and yards. R-l, R-1AA $1,250 R-lA $1,750 8. 2 1/2" caliper balled & burlapped front yard tree. ($250 each) Two required in the R-lA districts. 9. 2 I/2" caliper balled and burlapped boulevard tree (two if comer lot). Location and specie per handout. ($250 each) 10. Driveway, hard surfaced. ($1,500) 11. Miscellaneous building code requirements: 12. Escrow for Tree Preservation: (see worksheet) 13. As-Built Surveys/Final Grading ($1,350.00) 14. $100.00 - Escrow Inspection Fee Total Escrow Provisions: The building contractor or his agent is to make a cash deposit with the City for uncompleted items prior to issuance of the certificate of occupancy. A builder may submit a letter from the lender in a form set forth on the reverse side, stating they will escrow the above cited amounts for the uncompleted items and not release such funds until Community Development verifies that the work is completed· A fee of $100.00 will be charged for each escrow inspection. The fee shall be deducted from the escrow held by the City or the lender holding the escrow shall forward the appropriate fee with receipt of release form from the City. Signature of this agreement authorizes the City to deduct the appropriate fee from the escrow prior to remittance. _d;_ I:¥1 ~0'~ qWlO± I April 19, 2002 II A o[ia ion ol Hc ropoli£an Hunkipali i Legislature The legislative session continues with no resolution of the budget, transportation funding or capital bonding bills. Each body held only two floor sessions this week and a handful of conference committee meetings accomplished little. May Board Meeting The next Board meeting is sched- uled for Thursday, May 2. Among the items likely to be on the agenda are budget modifications, strate- gic planning, the report of the nomi- nating committee and a discus- sion with Lee Sheehy, Regional Administrator for the Metropolitan Council. The agenda and materi- als will be mailed next week. Public Finance Bill Informal public meetings regarding the public finance provisions con- tained in H.F.3270 and S.F.2572 were held on Wednesday, April 17 and Thursday, April 18. The meet- ing was called by the authom of the public finance provisions, Sen. Rest and Rep. Abrams, to review the provisions section by section. As a result ofthe review, two Sen- ate provisions of interest to AMM were left open for further research and discussion-the Metropolitan Council's Redevelopment Revolv- ing Loan Fund and the referendum exception for general obligation bonds sold for street reconstruc- tion projects. The first would authorize the Met- ropolitan Council to use its own available funds to make loans to cities for infrastructure invest- ments, land acquisition and other costs related to affordable hous- ing development. Loans would have to be repaid at an interest rate and term set by the Met Coun- cil. Because many of then Metro- politan Council's funds cannot be committed for a long period of time it is probable that the loans will have a short term - potentially 5 years or less. The exemption from the referen- dum requirement as a condition to AMM Board .Update is foxed to the AMM Board of Dlre~ors to provide informatlo~f on AMM, ~gion~ ~d I~e pr~l~ ~e n~ Board agez~ ~d a~ ~h~ ~e~ ~Copyright 2001 AMM 145 Unl~rsity Ave~ue West St. Paul, MN 55103-2044 Phone~' (651) 215-4000 Fax: (651) 251=1299 E-mail: amm~amm14 5. org issue general obligation bonds would be extended to street recon- struction projects as long as the original street was funded in whole or in part with special assess- ments. If enacted, a city could is- sue general obligation bonds to fi- nance a street reconstruction pro- gram. In cities that finance projects with special assessments, the new authority will need to be coordi- nated with the special assessment policy. Blueprint Discussion Meetings: Round !1 Staffis planning to meet with mem- her cities in mid-May to discuss the new MUSA policy being consid- ered by the Metropolitan Council. The policy would have the great- est impact on member cities in the developing areas of the region, but all members will be invited to at- tend. We are currently planning on two meetings - one in St. Paul for East Metro cities and one in Maple Grove for West Metro tittles. More details will be provided at the Board meeting. xgj ~!A &B:&B:gI ZBOZ GT ~dO May OZ ZOOZ 14:59:05 ~ia Fax -> 55Z4?ZBGZB AMM FAX NE¸ P rtner hipS in Pro dding ervi lution April 29 - May 3, 2002 I I Metropolitan Council Seeks Authorization for Housing Production Revolving Loan Fund The public finance article of the Senate's budget bill (H.F. 3270) con- tains a provision that would autho- rize the Metropolitan Council to es- tablish a Housing Production Revolv- ing Loan Fund, utilizing existing Coun- cil resources and any gifts or grants awarded to the Council for the pur- pose of the fund. The fund would be used to make loans to metropolitan cities, counties, townships or development authori- ties for projects with "a reasonable f of resulting in lower hous- ing costs in the metropolitan area." Eligible projects include those which "support housing production and en- sure integration of land use and transportation needs." The loans would be relatively short term (in the neighborhood of five years) and would have to be repaid, with interest. They would have to be secured by either a general obliga- tion pledge from the municipality or a pledge of other assets. No similar authorization is contained in the House's public finance bill. However, the Met Council has made several changes to the language in an attempt to respond to concerns expressed by House members, the AMM and other interested parties. Those changes include eliminating the requirement that an applicant must be a participant in the Livable Communities Program, eliminating the requirement for a local match and clarification that communities under- taking both redevelopment and de- velopment projects are eligible to re- ceive loans. The Council has also agreed to es- tablish a loan review committee, composed of individuals with exper- tise in finance, development and lo- cal government; and adopt uniform criteria and procedures for the pro- gram, which will be subject to public hearing. Finally, the Metropolitan Council would have to submit an annual report on the program to the Legislative Commission on the Met- ropolitan Council. A copy of the draft language is avail- able by calling AMM at 651/215-4 000. Metropolitan Council Considers Expanding Wastewater Treatment to Rural Growth Centers in Metro Area In recent weeks, Metropolitan Coun- cil staff and members have been dis- cussing the possibility of extending wastewater services to rural growth centers in and around the seven- county metropolitan area. Commu- nities identified as rural growth cen- ters include St. Francis, Watertown, Bethel, Hamburg, Mayer, New Ger- many, Hampton, Vermillion, Belle Plaine, Cologne, Jordan, Rockford, and Norwood-Young America. eehe idea raises numerous iSSUes garding how such an expansion would be paid for, the level of sub- sidy that existing rate payers would be asked to provide, and under what conditions the Council would extend services. The concept of extending wastewa- ter services to rural growth centers stems from the Council's work on the new Regional Blueprint and a recent report from the Council's Ru- ral Issues Workgroup. The rural is- sues report recommends that the Council work to direct growth and development toward rural centers, and away from other rural areas, such as those designated "perma- nent agricultural." This would pre- sumably help the region accommo- -2329- date the 460,000 new households expected by 2030, while slowing the growth in large-lot residential devel- opment on individual septic systems. Association of Hunicipalltiet continued on next page F~: (6513 281-t299 E-mall: am~mI45, org ~IMM Fax N~ws is fay, ed to all AMM city managers and adm#dstrator$, lzgl$latipe con- facts and Board membet~, Please share thi~ fax with your mayors, councilmembers and staff to ke~p them abreast of imporlant metro city issues. Hay BZ 2BB2 14:59:59 gJ.a Fax -> Association o,f Metropolitan Municipalities News/=ax wastewater t~eatment, con~ The extension of Wastewater ser- vices is seen as one tool for accom- plishing this goal of directing devel- opment toward these rural growth centers. A majority of rural growth centers cur- rently operate their own wastewater treatment plants, but the costs of up- grading and/or expanding these op- erations to serve a growing popula- tion is often extremely high; creating a disincentive for these communities to accept more growth. Additionally, some facilities located in rural growth centers are struggling to meet envi- ronmental standards for wastewater treatment and discharge. As it is, property owners in these rural growth centers are paying significantly higher SAC charges and user rates than those inside the Metropolitan Council's service area. The Council has indicated that they would only be interested in providing wastewater services to communities that want their assistance. Further- more, the Council would not neces- sarily expand the existing system to connect the rural growth centers to the current service area. Instead they might simply acquire and/or operate the facilities currently owned by these individual communities or establish "satelite MUSAs" that serve two or three rural growth centers. Council staff has compiled several 9524?ZOGZB Kan&is Hanson ]~aa-c 083 rl£ 883 April 29 -, May 3, 2002, page 2 of 2 MCES Outlines 2003 Budget and Rates As part of a recent series of breakfast meetings, the Metropolitan Council's Environmental Services Division (MCES) has outlined its pre, liminary budget and user rates for 2003; The pro~sed bUdget Of $168,9 million would be 2.5% greater than the 2002 budget. Approximately $130 million of this would come from municipal wastewater rates, which are proposed to be $12.9 per 100,000 gallons in 2003. This would be a $6 increase over the current rate of $123 per 100,000 gallons. The remaining revenue would come from sewer availability charges (SAC)i industrial Chames and other s0Ur~s. The major expenditure in' creases for 2003 are expected to be debt service and security costs. The proposed budget will be presented to the Metropolitan Council's Environment Commiffee in May and the annual preliminary "rate letter" is scheduled to be mailed to cities in July. possible rate scenarios for the ex- tension of services. The first option, labeled ~Complete Regionalization," would result in the participating rural growth centers paying the same municipal wastewater charge and SAC fee as the Council's current rate payers. Council staff estimates that this would increase the municipal wastewater rate by 4 percent and the SAC fee by 8 percent. A second possible scenario would be for the Metropolitan Council to operate an independent rural service area to serve rural growth centers separately from the urban core. Un- der this scenario the rates for cur- rent users would remain unchanged, and the rural growth centers would pay a separate, and presumably higher, SAC and municipal wastewa- ter rate. However, based on rough estimates from Council staff, it seems unlikely that this option would offer the rural growth centers enough of a cost savings to make it worth while. Athird option would have rural growth centers pay a higher SAC fee (esti- mated at $3,200 initially), but the same municipal wastewater rate as current rate payers. This would re- sult in a roughly 3 percent increase in the municipal wastewater rate charged by the Council. If you have questions or concerns about the Council's plans, please contact Kris Wilson at AMM (651/ 215-4003 o r kristin e@a m m 145. o rg). - 2330- TOTRL P. 03 flpr ZG ZOOZ 15:41:47 Via Fax -> 95Z4?ZBGZO A&~inis~ra~or Page 881 0£ 88Z Broken Record: Maybe next week Perhaps it has something to do with the current alignment of five planets in the western sky or just the dynamics of the three-partY system trying to function six months before a redistricted election. Whatever the cause, the legislature just isn't moving forward. Again this week, the House and Senate made little progress on the major outstanding issues of the session. Monday marks the three-week countdown to the constitutional end of the 2002 regular legislative session. Although that may seem like enough time to complete their work, negotiations have not resumed on the budget reconciliation, bonding, transportation finances anti-terrorism and stadium bills. In addition, the legislature should probably leave at least a few days or a week to override any potential gubernatorial veto. The media reported some progress this week on the budget reconciliation package but the rumors among capitol lobbyists suggested that the progress was ever-so-slight. The rumored "progress" suggested that the Senate would back off their cigarette and tobacco tax increase that was originally targeted to rebuild the state's budget reserve and to plug the 2004-05 biennial budget deficit. In exchange, the House would accept the gas tax increase at a level below the Senate's original six cent a gallon proposal. The politics of the gas tax increase are interesting indeed. With gas prices rising and potentially expected to increase even more throughout the summer driving season, many legislators are concerned that the tax increase will hit voters at precisely the wrong time. - Frid ay F ax - A weekly legislative update from the League of Minnesota Cities April 26~ 2002 Page 1 However, the more contentious issue is whether any gas tax increase is dedicated solely roads or ifa portion of the revenues would be used for a multi-modal fund and then whether the multi- modal fund could be used for the politically sensitive light:rail line Or the pr6pos~ Northstar commuter rail line. A solution that would simply split the difference between the House (no tax increase) and the Senate (six- cent increase) would not address these more divisive issues. If the session ends without a House/Senate agreement that has enough House and Senate support to sustain a potential gubernatorial veto, the job of balancing the state's budget could fall back on the Governor and the Commissioner of Finance. Under state law, the governor and the commissioner of finance can make "unallotments" in state spending to balance the remaining deficit. The unallotment power clearly extends to appropriations of aid payments and homestead credit reimbursements to cities, counties and school districts. Given that the governor has been critical of the Phase I budget reconciliation plan because local governments did not "share the pain", unallotment could translate into cuts in July, October and December aid and homestead credit reimbursement payments to be distributed yet this year if unallotment is exercised. Let's hope the stars align sometime soon. For more informalion on chy legi,qative issues, contact any member of the League of Minnes01a Ciliea InlergoveTnmental R~lati0na team. 651.281.1200 or 800.925.1122 -2331 - ~p~ ZG 2002 15:4Z:ZG ~ia Fax -> 9524?ZBGZO Ad~inis%~a~o~ ~a§e 002 O~ BOZ : - I a ax.. ! o.'~,~,,.~ ..... ~..[~ A weeldy legislative update from theLeasue of Minnesota Cities April 26, 2002 Page 2 Three Centuries of Experience Lost Since the release of the new redistricting plans there.have been numerous announcements of retirements from legislators on both sides 0flthe aisiei AS:°f pr:ess time today, the Legislature is losing the following legislators with a combined 310 years of legislative experience. We expect even more announcements and changes occurring with the end of session, 201 legislative races, and the usual gubernatorial appointments after a governor's election. While some of those listed below are running for higher office such as the governor's office, or Congress--they have all announced they will not be running for a legislative seat. The 83rasession is sure to bring new faces to the table. Lec~ialatom Announo~,! Senator Doug Johnson (DFL-Tower) Senator Roy Terwilliger (R-Edina) Senator Myron Orfield (DFL-Mpls) Senator Charlie Berg (R-Chokio) Senator Roger Moe (DFL-Erskine) Senator Arlene Lesewski (R-Marshall) Senator Dan Stevens (R-Mora) Senator Tony Kinkel (DFL-Park Rapids) Senator Ed Oliver (R-Deephaven) Rep. Rob Leighton (DFL-Austin) Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Harry Mares (R-White Bear Lake) Mary Jo McGuire (DFL-Falcon Heights) Mike Osskopp (R-Lake City) Andy Dawkins (DFL-St. Paul) Greg Gray (DFL-Mpls) Bob Milbert (DFL-Inver Grove Heights) Tom Osthoff (DFL-St. Paul) Doug Peterson (DFL-Madison) Roxanne Daggett (R-Frazee) Henry Kalis (DFL-WelIs) Firet Current New 8 terms 1970 SD 6 SD 6 4 terms 1992 SD 42 SD 41 term 1990 SD 60 SD 60 terms 1972 SD 13 SD 11 0 terms 1970 SD 2 SD 1 terms 1992 SD 21 SD 21 term s 1992 SD 17 SD 8 terms 1986 SD 4 SD 2 terms 1992 SD 43 SD 33 terms 1994 LD 27B LD 27B terms 1994 LD 55A LD 53B terms 1988 LB 54A LD 66B terms 1994 LD 29B LD 28A terms 1987 LB 65A LB 65A terms 1998 LD 58B LD 58B terms 1986 LD 39B LD 39B 4 terms 1974 LD 66A LD 66A terms 1990 LB 13B LD 20A 4terms 1994 LD 11A LD 10B 4 terms 1974 LD 26B LD 24B For more information on city legislal[ve issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 -2332- ~ap 03 Z082 13:58:34 ~io Fax -> 95Z~?ZOGZ8 ~&ni~is~ra~or ~ag~ 881 Of j' The session in reverse Most legislative sessions begin very slowly and end with a frenetic sprint to the finish. This year, the process seems to have been reversed. This session started with a roar of activity to balance a projected budget deficit but for the past month, the pace has slowed to a standstill. In early January before the session began, the governor offered his plan to balance the shortfall, including major reductions in state aid to cities. Coupled with the release of his plan, he also challenged the legislature to take immediate action to address the state's budget problem--even suggesting that the legislature should pass a proposal in the first weeks of the session. The session began on January 29 with a projected $2 billion shortfall and a demand by the governor for an immediate budget reconciliation by the legislature. House and Senate committees began meeting immediately and on February 22, the legislature had presented the governor with a Phase I $2 billion budget reconciliation package. Although he vetoed the bill on February 25, the House overrode the veto on February 27 and the Senate followed one day later. In all, it took the legislature less than one month to address the initial $2 billion deficit. The state's financial situation took a turn for the worse when the Department of Finance announced on February 25 that the deficit had grown by an additional $439 million. Given that the Phase I plan drew upon the easy solutions such as shifting state resources and drawing down reserves, it should not be entirely surprising that the smaller remaining deficit has been more difficult to address. That said, the House and Senate each devised their - Frid ay F ax - A weekly legislative update from the League of Minnesota Cities May 3, 2002 Page 1 own plans that resolved the issue with minimal additional pain. The remaining $439 million deficit, along with other controversial issues such as the gas tax~ the stadium, the anti.terrorism bill and_the .......... bonding bill remain the major Sticking points. Technically, the legislature could go home without addressing any of these issues. However, the budget deficit will ultimately require some action--if not by the legislature then by the governor. He could be responsible for balancing the remaining deficit with his power to unallot state appropriations, which could include cuts in state aid to cities. The legislature is running out of time. The regular session must end by May 20--wlth or without resolution of these major issues. If we don't see some signs of activity soon, the legislature may not have enough time to repeat an override of an expected governor's veto of whatever compromise is reached for Phase II. Bonding committee meets--sort of... With virtually no official conference committee action this week at the Capitol, the House conferees of the bonding committee held an unofficial "working group" meeting to take public testimony on a variety of projects. Although the Senate holds the gavel--meaning its their turn to call the meeting--House conferees used the time to hear more about a variety of issues. Of most interest to the municipal community was testimony on potential changes to redevelopment and economic development programs. For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovemmenlal Relalions team. 651,281.1200 or 800.925.1122 -2333- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, April 24, 2002 CALL TO ORDER ROLL CALL -C-HN~~:N~TSTChairF~ste r READING OF MINUTES- 4/10/02 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) · Abdo, Abdo, Eick, & Meyers, discussion of draft 2001 LMCD Audit.:, PUBLIC HEARINGS · City of Minnetonka, new multiple dock license, launching ramp, and variance applications to: 1) construct 30 Boat Storage Units (BSU's), 2) install a new public launching ramp, and 3) variance from LMCD Code for dock length requirements. 1. Public Hearing 2. Discussion and/or Consideration Foxhill Association, new multiple dock license application to: 1) reconflgure a non- conforming multiple dock facility, and 2) variance from LMCD Code for dock length and side setback requirements. 1. Public Hearing 2. Discussion and/or Consideration WATER STRUCTURES A) Robert Stierna, consideration of Findings of Fact and Order for approval of variance application from LMCD Code for dock length requirements; B) Additional Business; 2. SAVE THE LAKE A) Consideration of draft 2002 "Save the Lake" Budget; B) Additional Business; 3. FINANCIAL A) Audit of vouchers (4/15/02 - 4/30/02) (handout); B) Additional Business; -2334- 4. EWMIEXOTICS TASK FORCE A) 2002 EWM Harvesting Season, staff overview of project; B) Update on "Let's Keep Zebra Mussels Outof Lake Minnetonka" project; C) Additional Business; 5. LAKE USE & RECREATION 6. ADMINISTRATION 7. EXECUTIVE DIRECTOR-REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10.ADJOURNMENT -2335- CALL TO ORDER DR.:AFT LAKE MINNETONKA'CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM,Wednesday, April 10, 2002 ............................. TonkaBayClty-Hall ............... : ................. ~ ......... Foster called the meeting to order at 7:02 p.m. ROLL CALL' Members present: Bert Foster, DeePhaven; Craig Nelson, Spring Park; Lili McMillan, Orono; Tom Skramstad, Shorewood; DougBabcock, Tonka Bay; Crv Burma, Mound; Tom Gilman, Excelsiorl Paul Knudsen~ Minnetrista; Tom Seuntjens, Minnetonka Beach; Katy Van Hercke, Uinnetonka; Sheldon Wert, Greewnood. Aisc present: Charles LeFevere, LMCD Counsel;~ Grog Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: Bob Ambrose, Wayzata; Herb Suerth, Woodland. Victoria has no appointed Board member. CHAIR ANNOUNCMENTS, Chair FOster There:were no Chair announcements, ~. READING OF MINUTES. 3/13102 LMCD Regular Board Meeting MOTION: BabCOck moved~.: Seuntjens seconded to approve the minutes from the 3/13/02 Regular Board Meeting ~: as submitted.. VOTE: Ayes (8), Abstained (1, Nelson); motion carried. PUBLIC COMMENTS. Persons in attendance, subjects noton'the agenda. There were no comments from the public on subjects not on the agenda. CONSENT AGENDA- Consent agenda items identified..with a (~) will ,be approved in'one rnotio'n, unless a:Board memberrequests discussion of any item, in which case'the,'item will'be removed from the consent agenda,: MOTION:~Seuntjens..moved, McMillan seconded to approve the cohsent agenda as=subm~itted, VOTE: Motion· carded '·unanimously. Items so'apProved include:2A; 2002 MUltiPle, Do~kLicenses, §taft recommendS' approval:of 2002 renewal Without change applications forCardinalCeve BeaChAssociation and Lindbo-Landing,. 4A~: 2002Liquoi~:Licenses,'$'taff recommends approval of renewal Wine and Non-Intoxicating Malt Liquor License applications for the charter boat, Lady of the Lake; ':and 4B,, Hennepin :County Sheriffs!OffiCe'Water Patrol Significant ·ACtivity Report. ~ ' · Knudsen arrived at 7:05 p.m. Gabriel Jabbour, discussion of lake,related issueS. Foster welcomed Jabbour on behalf the Board of Directors. -2336- Lake Min'netonka Conservation District RegUlar Board Meetin9 April 10, 2002 Page 2 Mr. Gabbriel Jabbour thanked the Board forimplemeritation of the Water Patrol project that increased the presence of full-time Deputies by mo for five months during~the 2001 boating season. He questioned whether ........ the ~e~bbr~itie~ and-the-geh~tal-publi(~-actuallY r~alize-d :th~'b~nefit of ihcrease-d presen~ in 2001; especially with the additional contacts made with the public by licensed peace officers. He reminded that Board that the voluntary participation for those cities that agreed to the project was for two years and that this ~0uld be an issue for 2003. He added that the 100% funding of the project for 2003 by Hennepin County was going to be a very difficult process because of potential budget cuts. He believed that this project creates an improved law enforcement program and..quality of life at a higher standard that is .currently offered by the Sheriffs Department. ~h emelationshil:uNJth th e SherJff_sDe par~men.t_is_currently~/eLygQod~and_he_encQuraged_the_~ ~inuationz)JJJ'Jis project beyond 2002, even If it means cost sharing of the program with HennePin County. He concluded:that ;'t~ there is a need to continue working on the project for 2003 and beyond now rather than later; · Foster stated that he concurred with Jabbour and that he had advised staff to investigate whether continuation of the program for 2003 could be included in the District budget. He concurred that there is a need to establish a working group to lobbY Hennepin County for continuation,of this program,, noting that Board member Skramstad had expressed interest in this and that Jabbour could also participate in this. He hoped that Hennepin County might consider permanently authorizing one of the two Deputies with the Sheriffs Department staff and that:the District would need to find a permanent funding source locally for the second Deputy. Possible funding options locally could include private fundraising, "Save the Lake" contributions, or including it as part of the annual District budget. Jabbour stated that the continuation of the project could use the moral support of the member cities. A key element of the program is that:the additional hours of the two additional Deputies are spent 100% ,on Lake: Uinnetonka unless an emergency occurs elsewhere in Hennepin County. In 2001, there were no fatalities on Lake Minnetonka, there was a 50% reduction in bodily injuries, and a 100% increase in public contacts with a 50% reduction in written citations. The consensus of the Board was to have Skramstad ~workwith Jabbour and other interested Board members on a lobbying effort for continued funding of the Water Patrol beyond 2002. Jabbour stated that he had been serving on a committee for the City of Orono on the construction of a new fire statien, .One item that.came outofthe ~mmittee discussions wasresponse time for emerg"en0ies on?Lake Minnetonka,. The Long Lake Fire Department currently :has a number .,el:boats and.they,amplanning;on?{0 baY larger boats to respond to emergencies on Lake Uinnetonka. The Mound Fire Department has already purchased a boat and ~ere might.be othe~ ~firedepartments following~this.trend in the future. discussed how these boats would access Lake Uinnetonka, particularly the larger ones, because timely response time is a necessity. He recommended that District might want to consider~amending the Code pertaining to public amenities for special density licenses and allow for storage of these type of rescue watemraft 9n the, water;noting that iLwould supplement-theefforts of the Water Patroli~ The storage of these types of watemraft,:would also allow, for a better response time,if environmental spills:occurred on LakeMinnetonka; Foster stated that ~he understood the~re department boats Were robe on trailers rather than stored on Lake:. Uinnetonka to allow for responses of emergencies on all bodies of water within that city. Jabbour stated that some of the local fire departments have several boats for emergency purposes. Any boats stored on the water would need to be coordinated with the Wate~ Patrol,-He.believed that these type of.public amenities might be more appropriate for facilities with special density licenses. -2337- Lake Minnetonka Conservation District Regular Board Meeting April 't0, ~2002 Page '3 BabCoCk asked if the member cities that have pUrchased Watercraft for water emergencies have quantified and defined the problems. He questioned whether a study conducting this had been done by any' member cities, noting that it would be beneficial if the District were to consider amending the Code to a ow for the storage of §Ll(:;h- ~a-te r6~ff ~ ~'~lsU-bii~- ~ii~~ . Jabbour stated that he was not aware of a study; 'however, the general trend is thatmost fire department will purchase rescUe equipment that is similar to what another fire department has. City COuncils generally dictate the budget and needs for that member city; hbwever, there are significant charitable funds raised by the fire departments that are not under the control of the-city c~Uncil,~ '~ The consensus of the Board was that Board member Babcock wOuld work with Jabbour and other interested Board members to reevaluate the public amenity aspect of the COde pertaining to special density licenses. PUBLIC HEARINGS '; · U.S. Boat & Recreation, Inc., new on-sale non-intoxicating malt liquor license application for the charter boat, Looneytoon. FoSter opened the public hearing at 7:24 P.m. He asked the BOard or the applicant if they had comments or questions on the proposed application. Wert asked if the proposed charter boat was new. Harper stated that it was an existing charter boat that was new in' 2001. Nelson asked who owned U.S. Boat and Recreation, Inc. Harper stated that the applicant is the new owner of Minnetonka Boat Club and Rentals. Skramstad asked for clarification on the $500 deposit requirement. Nybeck stated that investigations are conducted by the. Hennepin County Sheriff's Department, whether they are new or renewal, for all charter boats with liquor licenses on Lake Minnetonka. The Shedffs Department has the option of billing the Distdct for the investigation conducted; however, :they have decided not to: There have' been aifew instances.~in ~recentyears where the investigatien conducted by,the @heriffs Department,has,raised some issues' that,required ~utther:researCh by staff'and/or LeFevere, In.~theSe ir~tances~ ~e Distdct withheld either part or the entiredeposit fee for~theSe~additior~-al.fees incurred'by.the District, ..~.~ ~ , ,.... , , ,~., ,~ .:; ~,~.:~,: ,:' There being no further comments, Foster~,.closedthe public-~headngat'7:28 p,m. · .~ .,, ...,~ ,~.' ,,'~; !:~ · · MO'rlONi,:~ert moVed, Skra~stad sec°ndedto approv;'thenew,...;o.n,sale non-intoxicating malt:.liquor license ., application for the charter bo~at~-~ne~oon fern.the 2002,season, andto refund, the $500 deposit for the .preliminary. n,vestigation conducted,. VOTE: Motion carried unanimously...., Wayzata Bay Charters, Inc., new on-sale non-intoxicating malt liquor an(:] wine license applications for the charter boat, Voyager of the Lake. -2338- Lake Minnetonka Conservation District Regular Board Meeting Foster opened the public hearing at 7:29 p,m~ He asked the Board or the applicant if they had comments or questions on the proposed applications. . N~be~k~iarifi~d t~at' t~e: c~ad~r bbat Of th~ :~p~li~t ~re~ib~i~ h~d ~ into~ibatifig liq~5~ Ill, rise flaf~w~ pumhased by Bayview Event Cha~er Cruises in 2~1 with the liquor licens~ ~ansferred to an existing Bawiew Event cha~er boat. The policy that regulates ~e issuance of intoxicating liquor licenses to charier boats on Lake Minnetonka allows for ~e transaction of Bayview Event Cha~er Cruises, subject to the purchase of the boat and business, not only the liquor license itself. Staff has checked into this with the applicant and he has stated that he purchased the pm~sed boat from Bayview Event Charier-Cruise,. Foster stated that as long as the Distdct has a limitation on intoxicating liquor censes for charier boats on Lake Minneton~ka, he believed that there would be a demand for them similar to the medallion situation for taxicabs in New Yo~. He believed that one solution would be to substantially increase the fee for liquor licenses or to approach the state legislature to increase ~e number from 14, noting that some member cities have expressed concern about this. Babcock stated that if the number of intoxicating liquor licenses for charter boats was proposed to be increased by the state legislature, he believed that it should be tied to a corresponding increase in law enforcement. Them being no further comments, Foster closed the public hearing at 7:31 p,m. MOTION: Skramstad moved, Knudsen seconded to approve the new on-sale non-intoxicating malt liquor and wine license applications for the charter boat Voyager of the Lake for the 2002 season, and to refund the $500 deposit for the preliminary investigation conducted. VOTE: Motion carried unanimously. · City of Minnetonka Beach, new multiple dock license application to reconfigure a non-conforming facility under LMCD Code Section 2.015 at Dock Sites 3, 6, 14, 20, and 23. Foster opened the public hearing at 7:32 p.m. He asked staff for background on the proposed application. Nybeck made the following comments: · A new multiple.dock license application has been received to reconfigur,e.the non-:conforming facility -- · un~ler Code Section 2.015. The applicant is,currently approved for 86 BoatStorage Units(BSU's)i at 25 dock sites, on 2,370' of non-~ontinuous shoreline. Code:Section2.,02; Sub& 1 prohibits the moodng or docking of a greater number of watercraft than one for each 50' of continuous shoreline in existence on 5/3/78, unless authorized ~[o do so 'by a special density license: -.. · A public headng was conducted for the proposed new multiple dock license, application, plus an apPlication fo~.vadancefrom Code.'for side setbacks -atDOck Site #3, at.the 2/13/02 Regular ~Meetii~g. . Staff expressed concem about the proposed'variance, application 'bedau~ they q uesti0ned whether a physical hardship existed. Additionally, staff recommende~d~thatthe BSU~:displaced at Dock Site #10 in 2001 be included in the proposed new multiple dock license. At the request of the applicant, the variance application was withdrawn and the new multiple dock license application was continued to a future Board Meeting. · The applicant has proposed five changes tothe amended Proposed new multiple dOck license application. They include: 1) Dock Site #3- maintain four BSU's at this dOCk site; however, reduce the BSU dimensions from 10'x 20' to 8' x 16' at three of BSU's and 9'x 16' at the other BSU, 2) Dock Site -2339- Lake Minnetonka Conservation District ·, Regular Board Meeting .: April 10, 2002 Page 5 maintain two BSU's at this dock site; however~ increase the dimensions of BSU #1 from 10' x 24' to 12' x 32', 3) DockSite #14- increase the BSU's at this dock site from four to five~.with the new BSU having the dimensions_ ~f !2! x.~2 (~e proposed increase of BSU's at thi~ dock site·includes the relocation of the -I~U di~ia~d' dimensions of BSU #1 from 10' x 20' to 10' x 24', and 5) Dock Site #23- maintain four BSU's at this dock site; however, increase the dimensions of BSU#1 from 10' x 20'to 10'x 24' · Code Section 2.015 allOws legal, non. conforming facilities to reconfigure, provided five requirements are met. They include: 1) the application may not resultin an increase in. BSU's, 2) the application may not result in an increase in the total square footage, of slips, associated, with BSU's as determined in a~cerdancewith-subd~ 4-of-this Sec-tien~ 3)~eapplication-may-not-resulHn a lakewardextension~f-the dock any further beyond 100' from. the 929.4 NGVD shoreline than the existing dock, 4),~the application may not result in any further extension into non-conforming side setback areas than the· existing docks, and 5) in the case of docks not in conformance with Section 2.01, subd. 2b)2) applicable to new facilities, i) nc.new BSU's shall be located in the setback area without first securing a variance pursuant, to Section 1.07, ii) the application may not result in an increase in slip length opening toward non-conforming side setback areas. · · Staff has reviewed the proposed application and believes that it complies with the requirements of Code SectiOn 2,015. One consideration for:the Board in reviewing the proposed application was to minimize beams of the three lakeward BSU's at Dock Site #3 to eight feet because of the dock use.width limitations at this site. A number of the site plans for this facility are not to-scale and should be improved in the future. The MN DNR was provided a copy of the proposed application in compliance with MN DNR,' General Permit 97-6098, noting that they expressed no objections. · Staff believed thatthe proposed new multiple d0c~ license application for the City of Minnetonka Beach for the 2002 season met the requirements of Code. Staff would like the Board to consider making a condition of the approval that revised, to-scale site plans for allsites be submitted by the applicant Prior to the 2003 season. The Board should also consider refunding the $500 application fee for. the variance that was withdrawn, noting that the breakdown of this fee includes a $250 base fee (non-refundable) and a $250 depositfee (refundable). Mr. Jim GasCh, a Minnetonka Beach City'Council Member, stated.that he believed the staff review pretty well summed up the proposed application. He. entertained questionsor comments from the Board. Babcock stated the boat storage at Dock Site #3 is.extremely tight because of the dock.layout and the limitations of thewidth~.of the dock,use~area. He asked,if the City of MinnetOnka Beach.takes an active role in monitoring boat sizes at dock sites within the city and if there are boats currently being storedatDock .Site #3,'that have a beam wider than eight feet. Gasch stated that the City of Minnetonka Beach has taken a more active role in monitoring boat sizes at their dock~ nOting that ~he did nOt'believe that'Dock Site~ curren:ttyha'da.boat~with~a.beam wider than~eight~feet. He added that there was a need to improve the proposed site plans so.that they~are~to.scale:~,',, , There being no:further comments, Foster closed the public: hearing at 7:45 ~p.m. . Gilman arrived at 7:45 p.m, ~ , McMilan asked for clarification from Nybeck on the proposed vadance application that was withdrawn. -2340- Lake Minnetonka Conservation District Regular Board Meeting . April 10, 2002 Page 6 Nybeck stated that after the application for variance from Code was. received, a public hearing was scheduled, a public hearing notice was published in the Lakeshore Weekly news, and staff memorandum was prepared. The ' mcluest tO ~ithdmw ~e variance applicatio~ was made at a later date and pre~ented, to theBoard at the scheduled public hearing. Babcock stated that staff processed the variance application all the way to the public headng stage, noting that the District had incurred a significant amount of expenses. He askedif the $250 base fee wouldcover the expenses incurred bY the DiStrict in the processing of the variance application before it was Withdrawn. Nybeck-stated that ~he believed-that the $250wOuld cover the expensesinCurred by the~Distdct, He advised the Board that the $250 base fee is traditionally used for the expenses incurred by the District when a variance application is submitted. MOTION: Seuntjens moved, Nelson seconded to approve the new multiple dock licenSe application for the 2002 season, subject tothe applicant submitting revised, to-scale site 31aris for all docking Sites pdor to the 2003 season, and to refund the $250 variance deposit fee. Babcock recommended a friendly amendment to the motion that would restrict beam to eight feet for the three lakeward BSU's at Dock Site #3. Seuntjens and Nelson agreed to this. VOTE:: Motion carried unanimously. · Mr. Robert Stierna, variance application from LMCD Code for dock length requirements. Foster opened the pubic: hearing at 7:50 p.m. He believed that the staff memo summarized the issues with the proposed application and asked for comments from either the applicant or the pUblic. Van Hercke asked for clarification of the proposed adjacent docks on the proposed site plan. Mr. Bob Stiema, 1930 Shoreline Drive, stated that the proposed docks are the abutting property owner's docks, noting that determining location is difficult because they are seasonal. Nybeok stated that.identifiCation of the abutting,property owners' docks is required :asPart ofthe~variance apPlication Process, noting that it allOwS the Board to, better eValuate the big picture relating to dockingin the area of the proposed aPPlication, ~ Wert asked if the proposed dock is brand new. Stienra stated that a dock has been installed at this site for.some years ara shorterdistance from shore,, noting that there have been issues with water depths. Foster stated that he was familiar with the area and that he believed the additional dock extension would not have an impact on navigation or access to the neighbors docks. Boating in the area is not generally done because of the shallow water depths and heavy infestations of milfoil in the area. Harper added that docks in the near vicinity, Sailors Wodd, extend further out in the bay than the proposed site plan. -2341 - Lake Minnetonka Conservation District .*~ .:.~ ~. Regular Board Meeting ...... .: April ,10, 2002 ~ ·Page 7 Seuntjens asked if the Board takes into consideration shorezone minimum-wake restrictions when reviewing proposed 'variance appliCations. , .... Fo~t~i~te~ tl~i ~ b~iie~dthat ~OSt boaters staY aw~y from areas Of the la~e Where there a~ p~sical hardships for proposed vadance applications. ~.~ Babcock stated that the shorezone for the proposed variance application would be 300' rather than 150~ noting that the Code requires minimum-wake speeds within 150' from shore or structures within the lake, He believed that the point raised by Seuntjens was valid. There being no further comments, Foster closed the public headng at 7:54 p.m. Nybeck stated that the City of~Orono and the MN DNR have expressed no objections to the proposed application. MOTION: Gilman moved, McMillan seconded to direct attorney to prepare Findings of Fact and Order for approval of the Robed Stiema vadance apPlication from LMCD Code for dock length requirements. Wert questioned if the Board wanted to consider language that address boat sizes or restriction on numbers at the proposed site,. Nybeck stated that the Distdct has previously restricted boat sizes as part of the approval of a dock length variance application, citing one of the dock sites at Dancing Waters DOA. The :consensus of. theBoard was not to restrict boat sizes'or the number of boats. Babcock recommended a friendly amendment that would require the three boats to be stored at this dock to be owned and.registered to themsidents at the site. Gilman and McMIIlan agreed to this friendly amendment. VOTE: Motion carded unanimously. Lafayette Ridge HOA, newmuttiple dock license application to recoC]figure a conforming multiple dock facility. Foster oPened the public:,,headng at.7:59 P.m. He believed,that the., staff .memo summarized theisSues with the proposed application and asked for comments from either the applicant or the public. There being no comments, Fo~te~ clOsedi~he Pubtic headng~at 8:00p:m. Babcock stated that he was aware of some lighting concerns associated with this facility and that he believed this waS.the time to address ~em. ~He believe~/:~that a:lighting plan::~hat weuB illuminate the facility with~the lighting source'not viSible:from thewater wOUld be"appropfiate~, utilizingshielding where needed, Mr. Bruce Palmer, 3135 Lafayette Ridge Lane, believed that the light that was being referred to was a public streetJight ..... '~ Foster stated that he believed that Excel Energy would work with the applicant to resolve lighting concerns raised by the Board. Nybeck stated thathe had some previous experience working with lighting .concerns with Excel Energy and that he would attend a meeting ;with :them if it would beneficial for the: applicant. -2342- Lake Minnetonka Conservation District .-. r? ~ ., Regular Board Meeting . Apdl tO, 201:)2 "page I~ MOTION: Gilman moved, Babcock seconded to approve the Lafayette Ridge HCA. new multiple dock.license for the 2002 season, subject to the applicant submitting a revised lighting plan to reviewed by staff by the end of the 2002 season VOTE: Motion carried unanimously. SAVE THE LAKE A: Consideration of draft 2002 "Save the Lake" Budget. McUillan stated that she had recently finalized the draft 2002 "Save the Lake" budget with Nybeck, noting that this was the first year thatbudgeted expenditures were the same as budgeted revenues.: In the past, budgeted revenues have exceeded budgeted expenditures. There are additional projects being funded in 2002 compared to past'years; citing the Water Patrol and solar buoy light projects. She asked for questions or comments on the draft budget. Van HerCke questioned whether the $30,000 budgeted for'solicited contributions in 2002 might be too high, taking into consideration that actual contributions received in 2001 were $23,300. Nybeck stated that there were formula problems in the draft budget for budgeted expenditures from 1999 through 2001. These past "Save the Lake" budgets also had budgeted expenditures the same as budgeted revenue. Foster complimented the efforts of UcMilan and stated that review of the draft budget might be more at the next Board meeting since there'were formula problems in the budget spreadsheet;and.because it:was in the handout folders. Wert asked how the remaining funds received from the business community in 2001 is reflected in:the draft 2002 "Save the Lake" budget. Nybeck stated that audit currently being prepared for 2001 will recognize the remaining funds from the · business community contribution ~or the Water Patrol project as adeSignated fund~balance: The line item for the 2002 Water Patrol takes into consideration that there will probably be a shortfall of voluntary contributions ~from the.member cities; with this ~Shortfaltbeing made~Up by thebUsiness.community'contdbution:~: ~- Wert stated that the proposed budget could use an explanation"bn why:propoSed solicitations, in 2002 Save the Lake" budget would increase to $30,000 in 2002 from $23,300 actually received in 2001. · McMillan stated when analyzing sOlioltations receivedin 200~1~ theBoard shouldtakeinto :conSideration solicitations received in early2002~cause they are aresult.of a letter senl out in:late 200t, A further analysis of 2002 solicitation contributions might be appropriate, with a need to further update the database. The consensus of the Board was to revise and update the 2002 "Save the Lake" budget and bdng it back for review at the 4~24~02 Regular Meeting. B. Additional Business. McMillan stated that the "Save the Lake" lakescaping project waS~presented at a'recent Mound Planning Commission meeting, noting that she.understood thatit was well receiVed based on preliminary feedback. -2343- Lake Minnetonka Conservation District ~ ~ Regular Board Meeting ~ ~ ~ Apq110/2002 Page9, Burma stated that.he' believed that the/akeSCaping project was an opportunity =to edUcate.~,~e Mound Planning ¢ommission:~ The p~sentation creatc~ a positive attitUde on~lakescaping alternatives, noting that he has, had prelimina~.c0nversations W th the MoUnd Parks D rector onthe COn.pt of lakescap ng test sites on city prope~y to educate the public. McMillan stated that other Board members who believe the city they represent would like to review the lakescaping project should contact her. 2. WATER STRUCTURES B, Additional Business. There Was nO additional business. .!. 3, FINANCIAL A. Audit'of'vouch'ers (3/16/02- 3/31/02) and (4/1/02 - 4/15/02). Skramstad reviewed the audit of vouchers for payment as submitted. MOTION: Seuntjens moved, Gilman seconded to approve the audit of vouchers for the periods of (3/16/02 - 3/3tt02) and:(411/02- 4/15/02) as submitted. · VOTE: Motion carried unanimously. B. January and February financial summary and balance sheets. Skramstad reviewed revenues and expenditures for the Administrative, Exotics,~and "Save the Lake" · "budgets for January and February. This format is new from previous years. It includes a summary sheet that takes into consideration budgeted revenues and budgeted expenditures for all three budgets. The summary sheet in:thenew,format 'provides on a monthly basis the variance of budgeted.revenues and expenditures; noting:those, additional details could be clarified if a specific BOard member desired. The Beard complimented the.efforts of Skmmstad on the new monthly financial summary and,balance sheet; however, a number of Board members stated that they would like the additional detailsup front,,so that they can ~.,.tter undermtand the fu~anc a situation {of the,~Di~trict, The consensus of the Board, was that Board members interested in fine tuning the format of the monthly financial summary and balance sheet should coordinate their ~mmentsand suggestio~.~, with Sk~am~d,. ~, *,. C~,~ Additional,.Business~ .-~ ~There'was no,additional business .... LAKE USE & RECREATION C. Discussion of Board Inspection Tour of tributaries in proposed ordinance amendment. . Foster stated that he had talked to rStaff.~and a tentative date of Wednesday, 5/15/02 at: around 5p.m. has · been set.to visit the tribUtaries identified;in the proposed.erdina,,nce amendment that, wqp, d prohibit,motor zed wate.roraff in ceAain parts of :Lake Minnetonka :: He questiened whether there was a need to visit.Painter's Creek and he asked for feedback and comments from the Board on this proposed date. -2344- Lake Minnetonka Conservation District Regular Board Meeting April 4.0, 2002 There was no additional business. ,'Page 10 Theconsensus of the .Board was that there was a need to visit both Six Mile and ~Painter's: Creeks, whether it' isby water ,and/or land~. The Board agreed to visit both tributaries on Wednesday~ 5/15/02~ at 5 p.m. The Chair was authorized,_bythe Board to work with Nybeck on the fin. a! details of this ins~ction tour~ Additional Business. EWMIEXOTICS TASK FORCE : Nybeck updated the Board on the recent discussions on the "Let's Keep Zebra Mussels Out of Lake Minnetonka" project. He advised the Board that the need for an action plan was discussed at the 3/8/02 EWM/Exotics Task Force meeting and that a subsequent meeting was conducted with the MN DNR on the need to establish an action plan and to encourage their participation. A letter has been forwarded to the MN DNR folow rig up on this meeting regarding the use of MN DNR at selected public accesses in 2002 on a pilot program basis. He stated that he would keep the Board informed on this project. ADMINISTRATION Nybeck stated that the new District Administrative Secretary, Gona Olson, had recently begun and that she was doing a commendable job. EXECUTIVE DIRECTOR Nybeck made the following comments: A copy of:the most recent, quadedy Executive Director Newsletter was included in ,the handout folders, He 'advised :the Board that it had been sent out to the city administrators and mayors for alH4 member cities, .~...; ' ...... :~ . · Three newsPaPer articles pertaining to the Bistdct.were.included in the handout folders. They included an article that updated the Proposed phOsphorOuS,free fertilizer legislation and:~oarticles that addressed the moratorium ordinance amendment for the proposed tributary ordinance amendment. ~:HeWould,be participatingid a "Tonka Bay'Report, on Wednesday, 4t17/O2~ ;that would be aired on local -The'~OlaHights that wer~ recently purchased by "Save th~ Lake". funds had ;resently a~/ed and he · The unseasonably warm winter this past ~ea~o~:'caased::~b~e proble~§.at:liS~n~ed a~d Unli~nsed deicing facilities around the lake. He reviewed the Code pertaining to deicing on Lake Minnetonka, noting that a permit is not required after March 15~h and that there are few restriction~ iiit",th~':~arrent Cbde:'for facilities that do not require a permit. There are a number of people who use the lake after the March 15th date and he believed that it possibly should be moved back to a/atsi~;dat~:::i~d~:§ibl~:April 1st; or that there should be more regulations tied in with the March 15th date. He believed that the Board might want to discuss this at a future meeting. 'I ~ ~''':' ' ":;'~ Babcock stated that he lived between two commercial madnas and that access to good ice was impaired this past widter be0ause Of deicing activities. He received some telephone'Calls about deicing activity that was taking PlaCe atse'~sofi~i dock StCuctamS and som~:.d6iding'activity was"t~ki~§ pla~ before ~e~ March 15!h exemption. He beheved that it m~ght be appropnate for tlie' D~stnct.to re. evaluate th6 pOliCY ~'rtainlng to deicing .activities. -2345- Lake Minnetonka Conservation District · Regular Board Meeting .:. April "10~ 2002 Page The BOard discussed a variety,of aspects pertaining to deicing on Lake Minnetonka. Some of.them included ~whetherdeicing should be allowed at seasona docksi the public safety concemsassociated,with deicing after Ua[ch 15~th,.a~d the ~!~tinctio_n between permanent and seasonal doCks~ The consensus ~of the .Board waS.,for Nybeck to write a rnem~ that aAai~ ~r:e~i ~i~in§'~:eg~iati~ ~i~ ~m~ poSSibl~' alte~ati~e' ~i~ti~nS~for the Board to consider at a future meeting. · 8. OLD BUSINESS Distdct Newsletter Van Hercke stated that she had prepared a preliminary proposal for Board discussion on the concept of a District Newsletter for public relations purposes. She advised the Board that she had been in contact with DickOsgood regarding the use of the Lake Minnetonka Association (LMA) list that includes a distribution of approximately 8,000 residences. One option for the Distdct to consider could involve a newsletter that is 8 1/2" by 11', double sided, distributed twice a year. Costs for each newsletter would be approximately $8,000. This would include rental of the LMA list, graphic design, copyrighting, printing and folding, and postage..A second~eption for the District to consider could include the same one page 8 1/2" x 11" double sided newsletter, sent out quarterly. The costs for each newsletter in this option would also be approximately $8,000. A third option for the Distdct to consider could involve including the Distdct newsletter with the quarterly newsletter sent out by the LMA, noting that there would be printing costs and any overages in postage of the LMA newsletter. A fourth option for the District to consider could involve press releases in local newspapers or piggy backing in member city newsletters. A fifth option for the District to consider could include a communication tool for the District on a PowerPoint presentation that could be broadcast on local cable television. The Board complimented the efforts of Van Hack on this project to date. The Board discussed how the local cable companies and high schools could assist in the preparation of a District PowerPoint presentation. The Board directed Van Hercke to continue collecting information on the possibility of a Distdct PowerPoint presentation that summarized the pedinent rules on Lake Uinnetonka. The Board also directed Van Hercke to continue collecting information on the possibility of a Distdct one-page newsletter that could be piggybacked with member city newsletters. The Board also directed Van Hercke to check with the possibility of a regular District column with the local newspapers. Upland Farms Project Skramstad asked for an update on the proposed Upland Farms project. Knudsen stated that he understood the developer hasPrepared the voluntary Environmental Assessment Worksheet and that it was currently being reviewed by the MCWD, the responsible govemmental unit. 9. NEW BUSINESS Van Hercke stated that a letter had recently been forwarded to the city that she represents that included discussion that she was unaware of. She believed that it would have been beneficial for her or other Board members to get input in the process of preparation of these types of letters in the future. Skramstad stated that he understood Howards Point Marina had submitted applications with the District to expand the commercial facility in Shorewood by purchasing an abutting property. There are zoning issues for Howards Point Madna to resolve with the City of Shorewood, noting that the applications submitted to the Distdct would be before the Board for review in the near future. -2346- and that thls should be checked into further. lO. ADJOURNMI::NT Lake Minnetonka Conservation District ,, , Regular Board Meeting April 10' 2002 : page Babcock stated that.he had been made aware that Howards Point Madna might be dry stacking boats on trailers in their, parking :lot and launching them as an in/out service'i He believed that they are not authorized to dO~so There being no further business, the meeting was adjourned at 9:46 p.m. AlbertO, Foster, Ohairman Lili McMillan, Secretary -2347- LAKE MINNETONKA CONSERVATION DISTRICT' BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, May 8, 2002 TOnka BaY City H~II CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Foster READING OF MINUTES- 4/24/02 LMCD Regular Board Meeting ' ' PUBLIC.COMMENTs - Persons in attendance,, subjects not on agenda (5 min.) CONSENT AGENDA- Consent agenda items with a (*) will be approved in one motion unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. WATER STRUCTURES A) Foxhill Association, consideration of Findings of Fact and Order for approval of variance application from LMCD Code for dock length requirements; B) Chapman Place Marina, consideration of 2002 renewal, without change, multiple dock license application; c) D) (*) 2002 Multiple Dock Licenses, staff recommends approval of 2002 renewal without change applications for Meadowbrook Boat Club, City of Mound, and West Point Place HOA; (*) City of Minnetonka, staff recommends full refund of $250 deposit for dock length variance application; C) Additional Business; 2. EWM/EXOTICS TASK FORCE A) Evaluation of Truck Hauling Bids for the 2002 EWM Harvesting Program; B) Update on "Let's Keep Zebra Mussels Out of Lake Minnetonka" project; C) Additional Business; FINANCIAL A) Audit of vouchers (5/1/02 - 5/15/02); B) March financial summary and balance sheet; -2348- C) Review of timetable to consider'draft 2003 LMCD Budget (handout); D) Additional Business; ,. ADMINISTRATION A) (*) LMCIT Liability Insurance, staff recommends that the Board do not waiVe the monetary limits on municipal tort liability established by Minnesota Statutes 466.O4; B) Additional Business; LAKE USE & RECREATION · A. (*) 2002 Liquor Licenses, staff recommends approval of renewal Wine and Nomlnto×icating Liquor License applications for the charter boats, Fantasia, Holiday Fair, and Holiday Fair II; B. Additional Business; 6. SAVE THE LAKE 7. EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10.ADJOURNMENT -2349- LAKE MINNETONKA ~CONSERVATION DISTRICT 7:00 PM. Wednesday, April 24, 2002 Tonka Bay City Hall DRAF.T CALL TO ORDER Foster called the meeting to order at 7:00 p.m. ROLL CALL Members present~ Bert Foster, Deephaven; Craig Nel~0n SPring Park; Lili UcMillan, Orono; Tom Skramstad, Shorewo0d; Orv Burma, Mound; Paul Knudsen, Uinnetrista; Herb Suerth, Woodland; Katy Van Hercke, Minnetonka. Also present: Ron Batty, LMCD Counsel; Greg Nybeck, ExecutiVe DireCtor; Judd Harper, Administrative Technician. Members absent: Bob:Ambrose, Wayzata; DoUg Babcock, Tonka Bay; Tom Gilman ~'Excelsior Tom Seuntjens, Minnetonka Beach; SheldOn Wed; Greenwood. Victoda has no appointed' Board member. CHAIR ANNoUNCMENTS, Chair Foster Foster announced that,the Board inspection tour to v s t the tributaries identified in the draft ordinance amendment that would prohibit the 'use of motorized watercraft was scheduled for WedneSday, May 15~, Further details of this tour w be forwarded in the near future after they'have been finalized. READING OF MINUTES. 4/10/02 LMCD Regular Board Meeting MOTION: Nelson moved, Skramstad seconded to approve the minutes from the 4/10/02 Regular Board Meeting as Submitted. VOTE: Motion carried unanimously. PUBLIC COMMENTS- Persons in attendance, subjects not on the agenda. There were no Comments from 'the public on subjects not on the agenda. · Abdo, Abdo, Eick & Meyers, discussion of draft 2001 LMCD Audit. Foster in'troduced steve MC~onaid who oversaw Oe 2001 'i~MCD AUdifPtocess. He wei~0med McDonald on behalf of the Board and asked for an overview. McDonald made the following comments on the draft 2001 LMCD Audit: One of the main fS~use~:'~Sf:~ihe audit"iS to give: a ~ualified oPinion':baSed o:A the finan(~'i'~i re~rds of the District. The opinion'does not include ~ iriveti'to~ bf fiXed' ~ssets,' SUch aS th~ harveSte~'a~d office equipment, noting that this is common for smaller governmental organizations. Another focus of the audit is to evaluate ntemal controls of the District, especially the segregation of %CoUnt'ing responsibiiiiies. Thisis di~C~lt' to deal With internally at (he' st~ff;level becaus~ 5f the'iimited staff. Outside controls, including contractual bookkeeping and an active Treasurer, assists in addressing this. -2350- Lake Minnet°nka Conservation District Regular BOard'Meeting April 24, 2002 Page 2 · The audit also looked into compliance by the:DiStriCt with laws, regulations, contracts, and bidding. He reported no instances of non-conformance. Skramstad stated that there were a limited '~u~'ber'~f year-end adjustments by the auditor to the monthly financial summary and balance sheets prepared by the bookkeeper for review by the Board. McDonald continued his comments: · The General Fund balance as of 12/31/01 was $125,684, an increase of $21,954 from the previous year. This represents approximately 44% of current year expenditures, below the six-month reserve policy.for the District agreed to by the member cities. The General Fund balance has remained relatively stable as reflected in the table in the Management Letter. · The SPecial Revenue Fund balance, which Consists of Save the Lake, New Equipment AcquiSition, EuraSian Milfoil, and EqUipment Replacembnt, was $577,415. There was a decrease in the New Equipment Acguisition fund in 2001 dueto the purchase of the new pick-up and the enclosed trailer for the harvesting program. There was an increase of $19,975 tO (he Eurasian MilfOil fund during 2001, primarily due t03ower levels of activity and lower trucking costs. The Eurasian Milfoil fund baianCe of $67,260 represents approximately 73% of current year expenditures. The Board has established a 12- month reserve policy for the Eurasian Milfoil fund balance and might want to analyze'Whether this reserve level is sufficient or should be adjusted, · He reviewed Governmenta! Accounting Standards. (GASB) Statement Number 34 and how it applies to the District. He stated that GASB Number 34 will cha~ge the way that financial information will be presented for governments, especially at the city, county, and state levels. This will require the District to get a better handle on its fixed assets and to provide for depreciation of them. · He entertained questions or comments from the Board. Skramstad stated that GASB Number 34 will require the DiStrict to define the term capital asset, to establish a list of capital assets, and to establish a depreciation schedule for these capital assets. Foster asked for a general overview from McDonald on the financial status of the District. McDonald stated that his comments on the General and Eurasian Milfoil fund balances are reflected in the Management Letter, noting that these levels have remained, relatively stab e o~er the years, The remaining funds for the Water Patrol project for 2002 have been established as designated in the General and Save the Lake fund balances as designated for this purpose. . Foster thanked UcDona d on beha [,of.the Board, for.the preparation of the 2001 LMCD Audit.. The Board acCepted ihe 2001~'i~MCD AUSit ~s submitted. _. .... ' PUBLIC HEARING · City o[.Minnetonka, new multip e dock licenSe,, launching ramp, and va?nce aPpl cat OhS to 1) construct 30 BOat ~(°r&g~i units (~isu;~),'i2)install a neW pubii'c laUnching ramp, and 3)'varia%e frOm LMCD C°de fOr dock length requirements Foster Opened the pUbliC hearing at 7:13 p:im, He asked'staff for background on the proposed apPlications. NYbeck made the follOWing CommentS: -2351 - Lake Minnetonka Conservation District Regular Board Meeting April 24, 2002 Page 3 · New multiple dock license, public launching rampi~and va'fiance applications have been submitted for Board consideration forthree purposes: 1)~nstruction of 30 BSU's, 2)"the installation of a new public launching ramp, and 3) variance from Code for dock length requirements. · The applications submitted are a result of the MN DNR public access' Planned at this site, which was previ0Usl~, Grays Bay Marina. 'Fhis site was previoiJ~ly a legal, non,conforming facility for density, side setbac, k, and dock length Code requirements. It was'approved for 155 BSU's with approximately 550' of 929.4 NGVD shoreline, with a' BSU density of 1!4~. This' faCility alSO had an approved launching ramp for private purposes~ noting that it ~as uSed~frequer~tly by the public. · The applicant has dedicated .1 ;756' of non,continuouS shoreline, from four separate sites, for the proposed applications that would result in a BSU density of 1:59'. Coi:te allbWS for O'rfe. BSU for each 50' of cOntinuous shoreline, With the exception that municipalities are allowed to consolidate non-continuous shoreline for density purposeS, provided the docks coml~ly'with other Code.reqUirements~ · COde SeCtion 2.03, subd. 1 states tha't no person may locate, construct, stall or maih'tain a multiple dock or mooring area, or a commercial dO(~k oi~ a launching tamp on the shoreline of the Lake, or in the waters of the Lake, unless licensed by the Board to do sO. The aPPlicant has sUbmittedn~w multiple dock license and launching ramp'applicati0ns for the multip e doCk facility, the MN DNR launct~ing ramp, and the make,ready docks aSSOciated with the launching ramp. · Code Section 2.0I, subd. 1 prohibitS a person from using any area of the Lake oUtSide an authorized dock use area for dOcking and storage of Watercraftl The new mUltiPle dock facility, the new public launching ramp, arid the make-ready doCkS proposed in the site plan need t0 be cohtained within the authorized dock use area established for this 'site. The proposed site plan COmplies with minimum side setback requirements from the eastern and.:Westem extended side site lines~~ Foster stated that he believed that the 929.4 NGVD contour line on the prOposed Site plar~ was cOnfusing because it appeared to be located in the water. Mr. Jeff Schoenbaueri representing' the applicant, stated that the contour line being referenced by Foster was the actual 929.4 NGVD Shoreline at the site. He added that the 929.4 NGVD contour line cOuld be clarified if that was desired of the. Board. Nybeck stated that three elements of the proposed site plan extend Out beyond 100' from the 929,4 NGVD shoreline. First, the gas dock and adjacent service slip would extend less than 125' from shoreline; however, the ~;ode ~allows~for ,this: provided that-it is used strictlY~for fuelsales a~d.~mlated services. Se~nd, BSU 30 :woUld extend less than 125' from the Shoreline;~h'0wever.~ the Code allows~ the authorized d~k u§e ~ama for faC. ilities owned and operated by state, county or local law enforcement agencies to extend up to 125' from the 929.4 NGVD shoreline'~. Third,..BSU~s :28 and'29; which are'proposed for rental purposes,: would partiallY extend 'Out beyond the 100' contour line from 929.4 NGVD shoreline. Schoenbauer made the following comments: · ' The slip that is proposed for MN DNR enforcement purposes, BSU 30, was a late request from the MN DNE:~nd the number of BSU's,on the proP0sed sire plan iNaSid'¢rease~.from28to 30/The;MN 'DNR curre'~tly'h-a~ a.l~oat on Lake Ml~heto'nka:in st; AlbanS. Bay,an~l 'they.ha~e: re'quested :~e,oppo~tunity to have another enforcement boat on Lake Minnetonka in the Grays I~ay area~.'The Henn'epin¢o~ty Shedffs Water PatrOl WO~ld have access to ,the MN DNR b0at for law.enforcement purposes and he believed that BSU 29 could be used in the future by the Water Patrol if they had a desire to store a boat at the dock~,, ' ', · .... · The original configuration included two dock structures that would be fillY contained'~ithin the authorized dock area for this site, excluding the gas dock that would not have extended beyond 125' from the 929.4 -2352- Lake Minnetonka Conservation District Regular Board Meeting] April 24i 2002 Page 4 NGVD shoreline, The re,~ised site plan would have one entrancepoint rather than two, noting that operations and maintenance staff preferred it because it wou d improve security and operational aspects. Nybeck continued his comments: · The applicant has submitted an application for variance from Code for dock length requirements at BSU's 28 and 29 that padially extend out beyond 100' from the,929.4 NGVD shoreline, He expressed a concern that the proposed physical hardship was not consistent with past d°ck length variances granted by the Board and that it was created not by application of the Code. One a temative, for the Board to consider would be to maintain the grandfathered "envelope" that pre,existed at Grays Bay Marina and reconflgure the facility under Code Section 2.015. · Code Section 2.015 allows legal, non-conforming facilities to reconfigure provided a number of requirements am:met. They include: 1) the application may not result in an increase in BSU's, 2) the application may~not result in an increase in total square footage associated with BSU's as determined in accordance with subd. 4 of.~his section, 3) the application may not result in a lakeward extension of the dock further beyond 100' from the shoreline than the existing dock, 4) the application may not result in any further extension into nomconforming side setback areas than the exist ng dock, and 5) in the case of docks not in conformance with the provisions of Section 2.01, subd. 2b)2) applicable to new facilities: i) no new BSU's sha! be. located in .the side setbackarea without first secudng a variance pursuant to Section !.07, and ii) the application may not result in an increase in slip length of any slips opening toward the non-conforming .,side setback areas. Staff has evaluated the proposed site plan and believed that it complied with all requirements of this Code Section. · The MN DNR was provided a copy of the proposed applications in compliance with the MN DNR General Permit 97-6098. They stated that they had close contact on the preparation of the proposed site plan and that they had no objections to it. · He was not prepared to make a recommendation on the proposed applications because BSU's 28 and 29 were proposed to extend beyond 100' from the 929.4 NGVD shoreline. If the Board had the desire to approve site as proposed, staff believed that it would make more sense to approve it utilizing Code Section ~2,015 rather than Code Section 1,07 because it appears that a physic:al hardship is lacking. He concluded that he had discussed the concept of utilizing Code Section 2.015 to consider the proposed site plan with Charlie LeFevere and that he was comfortable that the public hearing notice advertised for this meeting was sufficient to allow the Board to consider th s Batty concurred ,that LeFevem wassatisfied that the pub! c hearing not ce advertised for this meeting was sufficient for~he Board to consider the proposed application utilizing Code Section 2.015. ~, Foster asked if there were comments or questions from the Board on the proposed applications. Skramstad asked if it was possible to adjust the alignment of the proposed dock to bdng the two BSU's in question within 100' from the 929.4 NGVD shoreline. Schoenbauer stated that. adjustments to the proposed dock were considered; however, any adjustment would impede navigat on.between.adjacent board ng dock and.the gas~.dock itself; The boarding dock will be used for transient:dock ng purposes,at the public access facil!.ty to'improve efficiency, noting that,they were included in the design of the public access aspect of the site plan at the request of the ,MN DNR; ~ Suerth asked Schoenbauer if ground contours and water depths were taken into consideration in the proposed site plan to determine~whether the proposed facility could be moved in closer to the929.4 NGVD shoreline. -2353- Lake Minnetonka Conservation District Regular Board Meeting April 24, 2002 Page 5 Schoenbauer stated that the preposed site plan took into consideration maintaining the dock as close to the shoreline and the documentation that water depths were sufficient for the inner slips that open towards the shoreline. Foster stated that Grays Bay Marina had a number of BSU's that were located adjacent to the 929.4 NGVD shoreline. Schoenbauer stated that the City of Minnetonka kept in mind the 100' Code length limitation from the 929.4 NGVD shoreline in the preparation of the proposed site plan. If the two additional slips that were added late in the process for law enforcement purposes were not part of the proposed site plan, he believed that they would not have submitted the application for variance from Code. Foster asked for the size of the proposed BSU's, Schoenbauer stated that the size of the BSU's would be 11.5' wide and 26' long. Foster asked if the shortening of the finger between BSU 28 and 29 could be considered to ensure that the dock falls within the 100' length limitation allowed by Code. Nybeck stated that 100' length limitation allowed by Code applies to boat storage in addition to dock structure. If the applicant were agreeable to shortening the length of the finger between 28 and 29 so that it complies with the 100' contour line, they would also need to limit the size of the boats so that they are contained within the authorized dock use area. McMillan asked if the City of Minnetonka was comfortable with the Board considering the proposed site plan utilizing Code Section 2.015, Schoenbauer stated that the City of Minnetonka was comfortable considering the proposed site plan utilizing Code Section 2.015. The intent of the proposed dock is to generate enough revenue to maintain and provide enough security for the facility as agreed to with the abutting neighborhoods. If the Board does not want to approve the proposed site plan because two law enforcement BSU's extend out slightly beyond the 100' contour line, the MN DNR is aware that these two BSU's may not be constructed. Foster asked for clarification of the two adjacent BSU's east of the gas dock, Schoenbauer stated that these two BSU's would be left open and would allow for servicing of the gas dock. Foster stated that he believed that it would be possible to eliminate these two BSU's, to realign the dock configuration, and to bring the proposed dock within the 100' contour from the 929.4 NGVD shoreline. Schoenbauer stated that if the walkway to the east was moved closer to shore to bring the two BSU's 28 and 29 within the 100' contour, it would reduce the width of BSU 3 and make it an unusable slip. McMilian asked Nybeck how utilizing Code Section 2.015 would impact future applications by the City of Minnetonka at this dock site. Nybeck stated that if the proposed site plan were approved utilizing Code Section 2.015, it would restrict the number of BSU's and the envelope established beyond the 100' contour line for future applications. If the City of Minnetonka wanted to expand the number of BSU's in the future, it would require them to make application to -2354- Lake Minnetonka Conservation District . · Regular Board IVleeting April 24, 2002 Page 6 make it conforming facility, including bringing the dock within the 100' contour line unless they have an application for variance from Code approved by the District, Schoenbauer stated that expansion of the dock in the future was not practical because of space and parking concerns. McMillan stated that she believed the proposed site plan is a groat example on why the "envelope" concept ordinance was adopted by the District. Burma stated that he believed that the geometrics of moving the dock closer into shoreline within the 100' NGVD shoreline was not as easy as it appears, especially since the applicant has stated that it would impede navigation for the inner slips on the west end of the dock between the gas dock and the adjacent boarding dock for the public access, Foster stated that he would prefer to consider the proposed site plan utilizing a new multiple dock license application to make the facility conforming to Code rather than utilizing the pre-existed grandfathered rights from Grays Bay Marina, Schoenbauer stated that the City of Minnetonka would prefer to utilize Code Section 2.015 to allow them to ensure that boat movement in and out from the facility works, yet, minimize the amount of the proposed site plan that does not comply with Code that defines an authorized dock use area. He expressed concern about constructing a dock that has restricted space that would need to be addressed in the future. Harper reminded the Board that the two BSU's on the proposed site plan that did not comply with Code were 28 and 29. Knudsen asked how far the finger between BSU 29 and 30 extended out beyond the 100' contour line. Schoenbauer estimated that the finger would extend approximately six feet out beyond the 100' contour line, Mr. James Rippetoe, 17200 Grays Bay Bivd., stated that he was the abutting property owner to the east. He recommended revising the proposed site plan so that BSU's open from the main walkway from the building on shore and to place BSU's along the shoreline similar to what existed at Grays Bay Marina. He expressed concern about BSU's that would have navigation opening towards his property and how they could end up on an island in the area. Milfoil in the area is a problem and he believed that the revised site plan he recommended would be better suited to address fragmented milfoil issues. Foster asked if the revised site plan referenced by Rippetoe was communicated to the City of Minnetonka. Rippetoe stated that he did not participate on the Grays Bay Task Force and that he believed he had a number of good ideas that could have been communicated. He believed that the proposed site plan being considered by the Board had been prepared within the last month. Schoenbauer stated that the City of Minnetonka has given a great deal of consideration to the various docking configuration alternatives, keeping in mind Code side setback requirements. At this time, he believed that the City of Minnetonka would not prefer to look into other docking configurations because they believed the proposed site plan was best suited for the operations and maintenance. The public input on the proposed project'has been ongoing for approximately four years and they would like to have the proposed site plan considered by the Board utilizing Code Section 2.015. He concurred that the proposed site plan had been changed recently; however, he -2355- Lake Minnetonka Conservation District Regular Board Meeting April 24, 2002 Page 7 believed that the City of Uinnetonka had the opportunity to makes changes with the dynamics of the site and challenges that need to be addressed. Rippetoe expressed concem about the BSU at the proposed site plan for law enfomement in medical emergency situations. He believed that one of the docks along the shoreline would be more appropriate. Foster stated that he believed that the proposed site plan would allow the public to unload passengers closer to the shoreline for emergency purposes, possibly the boarding docks. The proposed BSU for law enforcement appears to be only for storage purposes, not medical emergencies. Rippetoe concluded that he did not have problems with the proposed number of BSU's; however, he had concern about the proposed site plan and the concept of boats navigating from the dock towards his authorized dock use area. There being no further comments, Foster closed the public hearing at 8:10 p.m. Foster stated that he had concern about the proposed site plan being generated in the last 30 days and the fact that the Grays Bay Task Force had not reviewed and commented on it. He preferred the applicant re-evaluating the proposed site plan to minimize impact on the abutting property owner to the east and to have it Comply with Code that defines an authorized dock use area. He concluded that although he had these concerns, he was supportive of the proposed public access facility. Van Hercke stated that she should like to have the applicant cladfy the 929.4 NGVD contour line that was raised by Foster dudng the public hearing. Schoenbauer stated that the 929,4 NGVD contour line could be clarified; however, it appears to be a moot point because they would like the proposed site plan considered under Code Section 2.015. If the intent of the Board was to send the site plan back to the City of Minnetonka for further review, he believed that the proposed site plan brought back in the future would generally remain the same because he believed that due diligence had been exhausted. He concluded that time is of the essence because the docks are the remaining package of the project that has not taken advantage of the current bidding environment. Nelson stated that he would prefer that the proposed dock be brought into compliance with LMCD Code. If the City of Minnetonka has ownership of the proposed site, it appears that they could request the Board to consider the proposed site plan under Code Section 2.015. Schoenbauer re-stated that he would like the Board to consider the proposed site plan utilizing Code Section 2.015. He added that he believed that there had been communication with Mr. Rippetoe on the proposed site plan; however, he was unaware of what was discussed. The proposed site plan that abuts the extended side site line with Mr. Rippetoe meets the Code for side setback requirements, 30'. McMillan stated that there might be a better dock configuration that would address the concerns of the neighbor to the east; however, the proposed site plan would meet minimum side setback requirements. She believed that the proposed dock plan would meet Code requirements that would allow the Board to allow them to re-configure the pre-existing non-conforming facility and bring it closer to conforming with Code. Nybeck stated that one question he had about utilizing Code Section 2.015 is whether there was a conversion of use from Grays Bay Marina to the proposed use by the City of Uinnetonka. Based on definitions of "commercial" uses in the Code and consulting with LeFevere, he concluded that there appears not to be a conversion of use. -2356- Lake Minnetonka Conservation District Regular Board Meeting April ,24;~ 2002 Page 8 Burma stated that he would support reviewing the proposed site plan under Code:Section 2.015 .for a variety of reasons. He believed that it allows for two open BSU's for law enforcement purposes, it addresses the needs of staff, it greatly reduces the non.conformity of the previous site, the "envelope concept" ordinance greatly reduces the chances of setting an undesired precedent, and it complies with minimum side setback requirements that are established for navigational purposes. Knudsen stated that if he.were the abutting neighbor to the east, he would be supportive of the proposed site plan because of the reduction of BSU's and the amount of doCk structure in the lake. MOTION: McMillan moved, Van Hercke seconded to approve the City of Minnetonka new multiple dock license and public launching ramp license application for the 2003 season, utilizing Code Section 2.015.~ Foster recommended a friendly amendment to further evaluate the 929.4 NGVD shoreline at the site. McMillan and Van Hercked agree to this. VOTE: Ayes (7), Nayes (1, Foster); motion carried. Foster stated that he would like to move agenda item lA ahead of the Foxhill Association public hearing because the applicant was in attendance and because he believed that the agenda item was relatively simple. The consensus of the Board was to move agenda item lA ahead of the Foxhill Association public heating. WATER STRUCTURES A. Robert Stierna, consideration of Findings of Fact and Order for approval of variance application from LMCD Code for dock length requirements. Foster asked if there were comments from the Board on the draft Findings of Fact or he entertained a motion on it, MOTION: Nelson moved, Knudsen seconded to approve the Findings of Fact and Order for approval of the Robert Stierna variance application from LMCD Code for dock length requirements, VOTE: Motion carried unanimously, PUBLIC HEARINO · Foxhill Association, new multiple dock license aPplication to: 1) reconflgure a non,conforming facilitY, and 2) vadance:from bMOD Code for docklength and side setback requirements. Foster opened the PBbic hearingat 8:39 p:m. He asked staff for background on the proposed applications. Nybeck made the following comments: · Tl~e applicant has submitted application for a new mUltiPle dock license and varianCe from COde for its mul[iple dock facility in the City of Orono' on smith'S:Bay. ThefaCility is currently approved for 13 BSU's on 294' of continuous shoreline, With a BSU densitY Of 1:23'. They are considered a legal, non, conforming facility because theY 'haVe a BSU denSity that exceeds the 1:50' General RUle. · Multiple dock licenses were approved by the District for this facility since the mid 1970's with 16 BSU's. In 1978', new multiple dock license and doCk length.vadance applications were approved for'the facility at the 9/28P8Board meeting. The facility continued to be approved for 16 BSU'S tl~rough the 1985 Season. -2357- Lake Minnetonka Conservation ~!,a[r~!ct Regular Board Meeting~ .~;¥.:~-., April 24~- 2002 ,~ ~-~ ~ ' ~' ' Page9 Prior to the 1.986 season for unknown reasons, the applicant reduced the number of approved BSU's down to:~.t~3, and this continued through the2000 season, Prior to the 2001 season, the applicant indi~ated.:..th.at.tb%y~wou d like to re.establish the 16 BSU's approye, d .in 1978 and proposed to achieve this through a.:rene~a,~. Without change, multiple dock license apPl Cat on, At the 3/14/01 Board.meeting, the applicantpgmed to amend the application to 13 BSU's for the 2001 season and they were, informed by the Board~that a new multiple dock license application, with public hearing, was required fo~ the Board to consider t~e request tQre~establish 16 BSU's at the facility~ · Msi Melan.!eFles'Sner, F°Xhill Association President, has requested action by the Board on four items: 1) approve I~6.BSU's for exclusive use of homeowners, and Provides that non-use of a BSU in a particular year does not constitute an. abando.n, ment or waiver of rights to 16 BSU's for the Association, 2) amend the 9/28/78 Vadance Order granted by the LMCD to Foxhill Assoc aton to allow dock structure to be reconfigured, noting that the reconfigured dock would maintain the existing 20' setback and would be shorter than the length approved in the 1978 variance, 3) calculate and bill the Association for the non- payment of the BSU's for the period since 1986, and 4) approve.the proposed 2002 new multiple dock license application. · Code Section 2.10 states that from and after 5/3/78, docks, moorings, and other structures in the Lake shall be in conformity with the provisions of this Code except as otherwise provided. It further states that no provision of this' Cqdewh.ch grants non.conforming status to any structure on the Lake shal be deemed to create any vested rights and all structures shall remain subject to future regulation by the District !rn the public intereSt. The Code states that a use which is non-conforming under the terms of this Section may not be expanded. He stated that staff was unclear on whether the request to increase approved.BSU's.~rom 13 to 16 was an expansion of.a non-conform ng use.. One consideration for the Board was that the applicant was unaware of the BSU rights that they Were.giving up prior to the t986 season because Orono Resolution Numbers 1042 and 1043 only required the Association to renew annual y the number of BSU's that they planned to instal each season. A second consideration was that the three BSU's have been abandoned since th,e.1986 season and the request is an expansion of a non- conforming use.; He referenced Minnesota State Statute 462.357 that outlined procedures for Minnesota land zoning principles and the concept that abandonment could be interpreted after a.pedod of more than one year. Staff was unclear on the interpretation of this Code Section and believed that this was a policy decision for the Board to make. · ~- Code Section 2.,01, sUbd.1 prohibits a person from using any area of the Lake outside an authorized dock use area for docking and storage of watercraft. The proposed facility complies with minimum side setback requirements fo.r the faqi !ty,i::20, bpcause t6 BSU's w~m approved, prior'to 1978 when ~e Code required doubling of setbacks for mUltiple dock facilities that abut non-multiple dock facilities. The facility does not.comp y with Code for dock length; howeyer, the vadance granted in .~ 978-address~ this~ · Code Section 2.03, subd. 1, mqu re~, mult p.e dock.~aci it es on Lake M ~n~et0nka.to be apprQved by.the Board. The applicant has submitted a new multiple dock license application for the proposed facility. · Code Sec!io~ 2~0! ~allows legal.,, non-confo~ing~ac lities.to reconfigure,provided a number of requ rements a~e met. They include:, 1)the app!icat on .may, not result, in an increase in BSU%, 2).the application may not result in an increase in total square footage associated with BSU's as determined in accordance w th. subd 4 of this section, 3) the~appl cat onmay not resu!t in a lakeward~extension of the *dock fu!;the~-beyond~lO0' from theshore ne,thanthe existing dock, 4)~the application:rnaynot result in .:any further extension into non-conforming setback areas than the. e~ist, pg dock, and 5)inthe cas,e of docks not in conformance with the provisions of Section 2.01, subd. 2b)2) applicable to new facilities: i) no new BSU's shall be located in'the.side setback area without, first securing a vadance pursuant to .Section 1.07, and ii) the application may not result in an increase in slip length of anyslips opening toward the .not3~conformings de.setback areas..-If.the Board allows the :appl.cant to.expand its approved BSU's to 16, ' they would comply w th all of these, requirements with one possible exception. Some of the proposed -2358- Lake Minnetonka Conservation District Regular Board Meeting April 24, 2002 Page '10 changes are ot~tside the "envelope" established by the '1978 Variance Orderl however, the Board might want to consider the proposed enveloPe'because the structure woUld be mOved closer to shore, Code SeCtion 1.07 allows the Board to consider.appliCations for variance from Code'provided that the aPPlicant can document that the application of COde causes them a practical difficulty or a physical hardship. The variance granted in 1978 established a physical hardship of shalloWwater for the dock length VarianCe and staff believed it was still valid. The City of Orono and the MD DNR were provided a copy of:the proposed applications in compliance with MN DNR General Permit 97-6098. The City of Orono haS stated that the applicant has been in conformance with past city approvals and they recommended approval, of the new configuration with a maximum of 16 BSU's. The MN DNR expressed no objections to the prOposed applications. Staff was not prepared to make a recommendation because thereWere two policy issues that needed to be addressed by the Board. First, was the request to increase BSU's from 13 to 16 an expansion of a non-conforming use, taking into consideration it could set undesired lakeWide precedent. Second, would the proposed site plan for 16 BSU's comply with the:requirements of. Code Section 2.015, especially those changes out beyond 100' from the 929.4' NGVD shoreline. He entertained questions or comments from the Board. Mr. Peter Beck,-legal representative for the applicant, stated that he generally concurred with comments made by Nybeck. MS, Melanie Flessner arid Garfield Clark were also in attendance r. epresenting the applicant. He believed that the request for variance from Code was necessary tO.confirm that the variance granted in 1978 still existed today and that, the granting of 16 BSU"s would not create undesired.-precedent, The dock at the facility has existed since 1969 and is to be used exclusively by the homeowners and tied to the number'Of homes constructed, This was confirmed when he conducted a preliminary review of the Board meeting minutes in 1978, For Unknown reasons in ~1986, the number of BSU's applied for by.~the Association was 13 and he believed that it was a simple mistake ahd that it had been carded forWard, He believed that.there nev~er was an intent to abandon the approVed 16 BSU's in 1978:to the 13 [hat is currently approved._ He concluded that he believed the request is re-affirm the 16 BSU's approved in 1978 and that his clients would, be Willing to enter into an agreement Summarizing this for future reference. He entedained questions or comments from the Board. Suerth asked why the Association was requesting 16 BSU's when there are only 14 properties with houses constructed 'on them. Beck stated that the intent was to cladfy that 16 BSU's were approVed for the multiple dock facility, Skramstad stated he believed that.it waS clear that the applicant intended, to have one boat for each of the 16 properties in the development an'd 'that the reduction of BSUts to 13.'was a miSunderstanding. Beck reminded the Board that the Association was agreeable to reimbursing the District for nompayment of the three BSU~S since 1986. He asked for Bbard confirmation of the fo'ur requests in'the Flessner letter. Mr. LeO Bulloch, 1160 Heritage Lane, stated that he had lived on the lake for most of his life; =h0wever, not in Foxhill Association. He pointed oUt tha't hb did nOt'belieVe.that reduCtion of three BSU's~by the ASsociation in 1986 should qualify as an abandonment. There being no further business, FoSte¢ CloSed the public hearing at 9:09 p.m, Foster stated that he supported the proposed applications because he believed that it would Correct a previously made mistake when grandfathered rights were not cleady defined to the applicant some years ago. He believed -2359- Lake Mi~netonka..'Conserva*tiOn District *-'* ..... Regular Board Meeting '~ ~"~ April 24, 2002 Page 11 that is currently being done by current staff and that approving the request would not set undesired precedent. He supported the proposed plan to bring the dock length closer to shoreline, although there are some changes proPOSed out beyS'nd 100' ·from Shoreline outside the envelope of'the 1978 vanance granted. He suggested that District should take up tt~e offer to pay back fees of the three BSU's backto 1986. He concluded-tt'iat there was not a need for a formalized special agreement as proposed by the applicant. Nybeck stated'tt~at any ~'~roval by the Board at this meeting WOuld inclU~e directing the attorney to prepare Findings of Fact and Order~for approval of the dock length variance application. Any text or dialogue that the Board believed would be beneficial could be included in the Findings. He cladfied that need for the variance application was that changes were proposed out beyond 100' from the shoreline to the 1978 variance order. McMillan concurred with FOster that any agreement that might need to be made between'the applicant and the District should be prepared bY LeFevere. Van Hercke stated in 2001 when the applicant had their facility approved for 13 BSU's, Board member Babcock expressed concern about District considering approval of 16 BSU's in the future. She asked for clarification on what were the concerns of Babcock. Fostei: Stated he believed that Babcock had a different philosophy than himself and that the three BSUs should be considered abandoned at the facility because of the number of years they have been approved at 13 rather than 16. MOTION: Skramstad moved, McMillan seconded to approve the new multiple dock license application for 16 BSU's for the 2002 season and to direct the attomey to prepare Findings of Fact and Order for approval of the dock length vadance application, subject to the applicant making back payment for the three BSU's in question back to 1986. McUillan recommended a friendly amendment to the motion that would include language in the Findings that the side setback requirements for the dock outside the 100' contour from shoreline are grandfathered from the Code that requires doubling when a multiple dock abuts a non-multiple dock facility. Skramstad agreed to this. Van Hercke questioned whether the District should be collecting back payment of fees for the three BSU's back to the 1986. The consensus of the Board was to back license of the three BSU's back to the 1986 season. VOTE: Motion carried ~unanimously. The meeting was recessed at 9:19 p.m. and re-convened at 9:25 p.m. :WATER .STRUCTURES ,~ .... ~' B. Additional Business. There was no additional business. 2. SAVE THE LAKE A, Consideration of draft 2002 "Save the Lake" Budget. McMitlan stated that she. had updated the draft 2002 "Save the Lake" Budget to address the comments raised by the'Board when it was last reviewed. -2360- Lake Minnetonka Conservation District Regular Board Meeting April 24~,2002 Skramstad asked what changes had been made to the budget. ~ Page12 McM'iian stated that there were some formula problems the last time the budget was reviewed by the Board. There was some conoern that the $30,000 budgeted for contributions from the solicitation letters might be too high; however, this figure remained the same. MOTION: Skramstad moved, McMillan seconded to accept the 2002 Save the Lake Budget as submitted. VOTE: Motion carried unanimously. McMillan stated that 2002 would be the third year that the committee has worked with the LMA on zebra mussel testing on Lake Minnetonka, She indicated that she had a recent conversation with Dick Osgood from the LMA on expanding this to tributary lakes that lead into Lake Minnetonka for 2002 and he has proposed a number of lakes at an additional cost of $756 up and beyond the $500 budget approved for Lake Minnetonka, She asked for feedback on the request from LMA. The Board discussed a number of aspects relating to this request, including: · There was concern expressed about the introduction of zebra mussels into these tributary lakes; however, would it be appropriate to use "Save:the Lake" funds for lakes outside the jurisdiction of the District. ~ · The LMA needs to discuss with other lake aSsociations the idea of them participating. in the zebra mussel testing program and to encourage them to financially participate in the program. °. The District could subsidize zebra mussel testing on these tributary lakes on a one.year basis to allow the LMA to work with these tributary lake associations to buy into the program in the future. MOTION: Suerth moved, Skramstad seconded to approve up to $756 of Save the Lake funds for the 2002 ,~. season, subject to the understanding that this is a one year funding commitment and that the LMA needs to work with the tributary lake associations to have them fund this program in future years, VOTE: Ayes (7), Nayes (1~ Nelson);.motion carried. B. Additional Business. McMilian stated that the spdng solicitation letter was being prepared and that it should be sent out in early May. She encouraged Board members to forward possible names to enhance the, database of potent al donors in the future. Skramstad stated that there had been discussion at the 4/10/02 Board meeting on the continued funding of the Water Patrol project beyond 2002, He advised that he would be meeting with'Gabriel Jabbour in the near future on coordinating activities to see what is possible. 3, FINANCIAL A. Audit of vouchers (4/16/02 - 4~30~02), Skramstad reviewed the audit of vouchers for payment as submitted. MOTION: Skramstad moved, McMillan seconded to approve the audit of vouchers for the periods of (4/16/02. - 4130102) as submitted. -2361 - Lake Minnetonka Conservation District Regular Board Meeting April 24, 2002 VOTE: Motion carried unanimously. page 13 B. Additional Business. Skramstad provided an update on the monthly financial summary and balance sheets that were reviewed at the 4/10~02 Board meeting. He stated that some Board members expressed concem that the summary sheet did not provide the details that they were looking for. He stated that he had e-mailed the spreadsheet with the full details to Board members Nelson, McUillan, and Gilman. He received feedback imm Nelson and was awaiting feedback from the other two Board members. Another option was that Steve McDonald would communicate with the District bookkeeper on modifying the reports generated utiliZing peachtree software to satisfy the needs of the Board. EWMiEXOTICS TASK FORCE A. 2002 EWM Harvesting season, staff overview of Project. Foster stated that staff had prepared a detailed overview of the 2002 season. He asked the Board if they had any qUeStions or comments. ? Nybeck stated that he was seeking approval from the BOard to hire the seven full-time seasonal employees for the EWM harvesting prOgram as outlined in the staff memo. MOTION: Nelson moved, McMillan seconded to authorize staff to hire 2002 EWM Harvesting Program emploYees at the houdy rates outlined in the staff memol VOTE: Motion carried unanimously. Update on "Let's Keep Zebra MuSSels OUt of Lake Minnetonka" PrOject. SUerth stated, that staff had inCluded a letter from Lee Pfannmuller from the MN DNR regarding the District and the LMA wb~:king With them on an inspection program 'at two public accesses this summer on Lake Minnetonka on a pilot program basis. There still are a number of questions that need to be addressed and that the Board should review the letter prior to the 5/8/02 Board meeting because it would be discussed. Additional Business. There was no additional business. 5. LAKE USE & RECREATION w There was no discussion. ADMINISTRATION' There was no discUssion. 7. EXECUTIVE DIRECTOR Nybeck stated that three items were included in the packet for informational purposes. This included: -2362- Lake Minnetonka Conservation District Regular Board Meeting April 24, 2002 page ~4 · A 4/16/02 letter from the Freshwater Society announcing the "Ice-Out" date on Lake Minnetonka at 2:46 a,m, on Tuesday, April 16~. · A 4/16/02 Minneapolis Star Tdbune article that provided an update on the pending phosphorous-free fertilizer legislation. ~ · A brochure announcing the Hennepin County Sheriff's Office lstAnnual Boat and Water Safety Seminar on Wednesday, 5/2/02, at 6 p.m. at the Minnetonka Civic Center. The consensus of the Board was to direct staff to prepare a resolution for review at a future Board meeting commending the efforts of Shorewood Mayor Woody Love on the phosphorous-free fertilizer legislation. 8. OLD BUSINESS LMCD Public Relations Update Van Hercke provided an update on possible public relations alternatives for the District.. Atthe 4/10/02 meeting, one alternative discussed by the Board was the concept of a District Newsletter. She believed that the consensus of the Board was to look at alternatives that did not involve a District Newsletter because of the costs involved, She reviewed three alternatives: · She had received confirmation from the Lakeshore Weekly News regarding a quarterly LMCD column that would be 500 words or less and would be included on page 4 in the commentary section. Phone calls had been placed with the Minnetonka Sun Sailor to see if this column could be printed in that paper as well. She stated that it would be possible to periodically submit a guest.column to be.included in the LMA Newsletter. She reviewed a contact she had, Megan Diamond, who would be willing to assist in the preparation of this column for around $350 per column. · The City of Minnetonka would videotape and broadcast a District presentation thatwould inform and educate the public, possibly through a power point presentation. A request has been made with Time Warner's Leased Access Carriage. · Public relations opportunities could be at appearances such as Minnetonka's Summer Festival, Burwell House Ice Cream Social, James J, Hill Days, and Excelsior Art Fair. If the Board decided to pdnt a District Newsletter, the City of Minnetonka has stated that they would include it their new resident packet and make it available in their brochure racks atcity hall. She.recommended that the Board authorize a quarterly LMCD new column and see how it goes, authoring up to $350 of funding to solicit assistance.from Megan Diamond · The Board complimented the continued efforts of Van Hercke on this project. MOTION: Skramstad moved, Nelson seconded to authorize up to $350 to work with Megan Diamond on the LMCD Column to be published in the Lakeshore Weekly News~ VOTE: Motion carded unanimously. Howards Point Marina Pendinq Applications Skramstad updated the Board on an upcoming project to convert an existing residential property to a commercial property by allowing for additional dockage, There is a public headng scheduled at a 5/7/02 meeting in Shorewood to discuss the rezoning request by Howards Point Marina and he understood that they have submitted applications into the District for Board consideration as early as the 5/8/02 Regular meeting. He stated that he would not be able to attend that meeting and that the Board might want to move the public heating back two weeks if they would like him present at the public hearing. -2363- Lake Minnetonka Conservation District Regular Board Meeting April 24, 2002 page 15 The consensus of the Board was to direct staff to inform the applicant that the pending public hearing for the District applications would be at the 5/22J02 Regular Meeting. Upland Farms Update Skramstad asked for an update on the Upland Farms project. Knudsen stated that he believed that the discretionary EAW had been submitted to the MCWD and was currently being reviewed. 9, NEW BUSINESS There was no new business. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 10:25 p.m. Albert O.. Foster, Chairman Lili McMillan, Secretary -2364- Page 1 of 1 Kandis M. Hanson From: Sent: Subject: "Barbara Olson" <olsonb@westonka.k12.mn.us> VVednesday, April 24, 2002 11:24 AM MWHS band tour experiences short delay Mime-Version: 1.0 Content-Type: text/plain; charset=US-ASCll Content-Transfer-Encoding: 7bit Content-Disposition: inline This message is being sent to subscribers to the Westonka Public Schools' electronic newsletter, westonka.news. The Mound Westonka High School Band Tour to New Orleans got a bumpy start yesterday, April 23, due to a minor train accident that resulted in a two-hour delay but no injuries to anyone on board. According to band director Leigh Kallestad, before the train got to Chicago, it hit a pickup truck at a railroad crossing. The train was not derailed and there were no injuries to any passengers. We do not have any information about the pickup truck or its occupant(s). Police and medical personnel responded to the accident, and representatives of various media covered the story at the scene. It is our understanding that some Mound Westonka students may have been interviewed by those reporters. After a two-hour delay, the train resumed its route. Mr. Kallestad will call with another tour update sometime today. If there is any more news to share, we'll update you again via e-mail. The students are expected to return on schedule on Sunday, April 28. Barbara Olson Community Relations Coordinator Westonka Public Schools 2450 Wilshire Blvd, Suite A Mound MN 55364 p: 952.491.8006 f: 952.491.8043 e-mail: olsonb@westonka.kl2.mn.us We know your child by name... We help your child achieve. - 2 3 6 5 - 04/24/2002 Page 1 of 5 Kandis M. Hanson From: Sent: Subject: "Barbara Olson" <olsonb@westonka.k12.mn.us> Thursday, April 25, 2002 2:57 PM weston ka. news westonka.news Vol. 2, No. 28 April 26, 2002 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://wvvw.westonka.k12.mn.us; tel: 952.491.8006; fax: 952.491.8043; e-mail: welisten@westonka.k12, mn. us. Contents 1. News Briefs --Shirley Hills Celebrates 50th Birthday in May --Haddorff Field Groundbreaking --Lt. Gov. Mae Schunk to Visit Westonka on May 2 2. Focus Topic: Westonka State Test Passing Rates Climb Sharply 3. Upcoming Events 4. Tell Us What You Think NEWS BRIEFS **Shirley Hills Celebrates 50th Birthday in May** You are warmly invited to help celebrate Shirley Hills Primary School's 50th birthday at a special birthday party on Wednesday, May 8, from 6:30 p.m. to 8:30 p.m. at Shirley Hills. There will be coffee and cake, with lots of opportunities to reminisce with old friends and meet some new ones, too. - 2366- 04/29/2002 Page 2 of 5 All community members, current and former students and their families, and current and former staff are invited. **Haddorff Field Groundbreaking** All Westonka community members are warmly invited to the groundbreaking ceremony for the Haddorff Field Project, celebratingthe beginning of construction of the Haddorff football-soccer field, two new practice fields, and an Educational Service Center. A highlight of the event will be the presence of several members of the Haddorff family, plus representatives from school athletic programs and community sports associations. Monday, April 29, 6 p.m. (Program will last about 20 minutes) Location: mid-field of new Haddorff Field, on east side of Mound Westonka High School In case of inclement weather, the event will be cancelled and not rescheduled. **Lt. Gov. Mae Schunk to Visit Westonka May 2** Lt. Gov. Mae Schunk will visit the Westonka Public Schools on Thursday, May 2, as part of her goal to tour every school district in Minnesota. While she is here, she will meet with students involved in Mound Westonka High School's Know America program, and hold a panel discussion with a group of parents and staff. If she arrives in time, she'll join the students and staff of Shirley Hills Primary in an Ali-School photo-sure to be a reminder of her visit for years to come! FOCUS TOPIC **Westonka State Test Passing Rates Climb Sharply** The percentage of Westonka eighth-graders who earned passing scores on the Minnesota Basic Skills Math Test climbed sharply this year, according to test results released last week by the Minnesota Dept. of Children, Families and Learning. Of Westonka eighth-graders taking the test for the first time, 82% met state passing requirements in 2002, compared to 72% in 2001. - 2 3 6 7 - 04/29/2002 Page 3 of 5 Passing rates in reading continued to hold steady over the previous year. Of Westonka eighth-graders taking the reading test for the first time, 87% met state passing requirements in 2002, compared to 88% in 2001. In both math and reading, Westonka eighth-graders equalled or outscored their statewide counterparts on every element of the exams. Students must earn passing scores on the eighth grade Basic Skills Tests in order to be eligible to graduate from high school. Students who do not earn a passing score the first time they take the test may retake it in subsequent years. Mound Westonka High School Principal Gene Zulk expressed pleasure with the percentage of students that passed, but emphasized that he is mindful of the students who did not do as well. '~/e want every child to succeed and we'll continue to work hard to help them the next time through," he said. UPCOMING EVENTS --April 26-27, GMS Spring Musical, 7:30 p.m. --April 27, Shirley Hills Carnival, 11 a.m. to 3 p.m. Games, food, auction--fun for the whole family! --April 28, GMS Spring Musical, 3 p.m. --April 29, Haddorff Field Groundbreaking, 6 p.m., Mound Westonka High School --April 29, School Board Study Session, 7 p.m., Mound Westonka High School Little Theater --April 30, Mound Westonka High School Academic/Expressive/Athletic Awards Night, 7:30 p.m. --May 1, District Retirement and Years-of-Service Recognition Banquet --May --May --May --May 2, Shirley Hills All-School Photo, 9:30 a.m. 2, Hilltop Author's Conference,Talent Showcase, 6:30 p.m. 2, Mound Westonka Band Concert, 8 p.m. 4, Sadie Hawkins Dance, Mound Westonka High School, 9 p.m. Home --April --April p.m. --April p.m. --April --April --May --May Athletic Competitions: 29, Gr. 9 Softball vs. Wayzata, MWHS Field 6, 4:15 p.m. 29, Boys Varsity Golf vs. Columbia Heights, Burl Oaks, 3:30 30, Boys Varsity Tennis vs. Benilde, MWHS Tennis Courts, 4 30, Boys Varsity Golf vs. Orono, Burl Oaks, 3:15 p.m. 30, Girls Varsity Golf vs. Fridley, Burl Oaks, 3:45 p.m. 1, V and JV Baseball vs. Benilde, MVVHS Fields 1 & 10, 4:15 p.m. 1, Gr. 9, JV and V Softball vs. Benilde, MWHS Fields 9, 7 and 6, - 2368- 04/29/2002 Page 4 of 5 4:15 p.m. --May 2, Boys JV Tennis vs. Orono, MWI-IS Tennis Courts, 4.p.m. --May 2, Boys Varsity Golf vs. St. Anthony, Burl Oaks, 4 p.m. --May 2, Girls Varsity Golf vs. Benilde, Burl Oaks, 3:30 p.m. FUNDAMENTAL FINANCE FACT Here's an easy way to remember one aspect of school finance: Levies are for Learning (paying the operating costs of providing education, such as salaries, utilities, and bus service) An operating levy failed in November 2001. Bonds are for Buildings (keeping buildings in good repair and providing certain equipment, such as computers) A maintenance and technology bond referendum passed in March 2001. State law prevents school districts from using bond money to pay for operating expenses. TELL US WHAT YOU THINK! We would like to hear your feedback on any of the topics above, or any other school-related issue. Use whichever way works best for you: send an e-mail message to <welisten@westonka.k12.mn.us>; call the District Feedback Line at 952.491.8260; or mail your comments to Barbara Olson, Community Relations Coordinator, Westonka Public Schools, 2450 Wilshire Blvd., Suite A, Mound MN 55364 To unsubscribe from this list, please send a message to Barbara Olson at <olsonb@westonka.k12.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 - 2369- 04/29/2002 Page 5 of 5 tel: 952.491.8006; fax: 952.491.8043 welisten@westonka.k12.mn.us http://www.westonka.k12, mn.us 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. According to the State of Minnesota, the subscriber list for this newsletter is public data. -2370- 04~9~002 Page 1 of 6 Kandis M. Hanson From: Sent: Subject: "Barbara Olson" <olsonb@westonka.k12.mn.us> Friday, May 03, 2002 2:57 PM westonka.news westonka.news Vol. 2, No. 29 May 3, 2002 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 --National Teacher Appreciation Week, May 5-11 --Bond Project Reporting, Know America Team Capture Lt. Gov.'s Interest --Shirley Hills Celebrates 50th Birthday Next Week 2. Focus Topic: Retirement and Years-of-Service Recognition 3. Upcoming Events 4. Tell Us What You Think NEWS BRIEFS **National Teacher Appreciation Week, May 5-11'* May 5-11 is Teacher Appreciation Week. We're proud of Westonka teachers! They are talented, dedicated, generous, and well educated. Nearly 75% of Westonka's teaching staff either hold or are pursuing advanced degrees. They regularly earn honors -2371 - 05/03/2002 Page 2 of 6 from their peers, including Mary Gorder being named Minnesota Music Educator of the Year in 2000, and Gene Zulk being named Principal of the Year in 2001, representing more than 250 high schools in Hennepin and Carver Counties. And they serve as teachers, counselors, friends, shoulders to cry on, and cheerleaders who believe in every child who walks through their classroom door. A banner found in classrooms throughout the country reads, "Teaching is the most important profession because through the hands of teachers pass all professions." Consider sending a message of appreciation to a teacher who has made a difference in your child's life. If you choose to send it by e-mail, note that e-mail protocol for Westonka staff is generally <LastNameFirstl nitial@westonka.k12, mn. us> **Bond Project Reporting, Know America Team Capture Lt. Gov's Interest** Lt. Gov. Mae Schunk visited Westonka on Thursday, as part of her plan to visit every school district in Minnesota during her current term in office. She left with a greater understanding of and appreciation for two areas, in particular: our community's strong support for co-curricular opportunities such as Know America; and the accountability demonstrated by the school district by reporting on bond project progress. Lt. Gov. Schunk started her day here by joining Shirley Hills students and staff in an all-school photo. Two Grandview Middle School seventh-graders, Anna Lee and Maleah Homola, then partnered with Supt. Pam Myers to share a PowerPoint presentation showcasing the school district that they had created in technology class. The Lieutenant Governor then participated in a conversation with Mound Westonka's Know America team, facilitated by teacher/advisor Marc Doepner-Hove. Two aspects make Mound Westonka's Know America program the only one of its kind in the state: instead of being a tour anyone can pay to join, students must earn the trip to Washington DC by posting high scores on four tests covering government, history, and geography; and the program has unusually high community support, with local organizations providing the majority of the funding for it. According to the students, the trip offers experiences that simply can't be replicated in the classroom. Lt. Gov. Schunk was so impressed by the program that she asked for permission to share it with others when she presents at a national conference for state education commissioners later this summer. A panel of parents, students, staff, and community members then joined the Lieutenant Governor for a discussion on educational issues in Westonka. Discussion centered on two major issues: - 2372- 05/03/2002 Page 3 of 6 i) inequity of funding among school districts, with Westonka being prohibited by law from collecting as much money per student as neighboring districts are able to collect; 2) efforts to demonstrate accountability to government leaders when the definition of "accountability" varies from leader to leader. As Lt. Gov. Schunk toured Shirley Hills, though, a hallway poster that showed progress on projects funded through the Spring 2001 bond referendum caught her eye. As she directed her assistant to take a photo of it, she noted that this is something all school districts should do to demonstrate accountability to taxpayers. Supt. Myers added that all the bond project information is also located on the school district's web site for anyone to check 24 hours a day. **Shirley Hills Celebrates 50th Birthday in May** You are warmly invited to help celebrate Shirley Hills Primary School's 50th birthday at a special birthday party on Wednesday, May 8, from 6:30 p.m. to 8:30 p.m. at Shirley Hills. There will be coffee and cake, with lots of opportunities to reminisce with old friends and meet some new ones, too. All community members, current and former students and their families, and current and former staff are invited. FOCUS TOPIC **Retirement and Years-of-Service Recognition** The 2002 Retirement and Years-of-Service Employee Recognition Banquet, held earlier this week, honored eleven retiring employees, one retiring school board member, and 15 others who have reached years-of-service milestones with the school district. Corporate sponsorships fully subsidized the event, except for the individual meal tickets purchased by attendees. This is the second year in a row that the banquet has been made possible through donations from corporate partners. Sponsors included: Ehlers and Associates; Gallagher & Associates, Inc.; Loftier; Metro Athletic Supply; Pederson Associates, Inc.; and TSP One, Inc. A raffle prize was also provided by Diversified Snack Distribution. Retirees honored at this year's banquet included: Ron Dressel, Jane Eckers, Dennis Eckman, Pat Furlong, Judy Good, Theresa Holm, Margaret Holste, Royal Johnson, Claudette Nelson, Pat Rousseau, and Dave Sorsoleil. Former school board chair Bill Pinegar was also honored for his service on the school board. -2373- 05/03/2002 Page 4 of 6 Employees recognized for years of service included: 15 years: Humbert, 20 years: Schultz 25 years: 30 years: 35 years: Melanie Allen, Brenda Berent, Debra Holzerland, Chris Mike Lamprecht, Kate Nygaard, and Judy Roy. Susan Bigalke, Linda Cordie, Dr. Pam Myers, and Jeannine Mary Gentes, Danny Welch Yolanda Clark Pat Rousseau UPCOMING EVENTS --May 5-11, National Teacher Appreciation Week; May 7 is Teacher Appreciation Day --May 6, Gr. 7 Choir Concert, 7 p.m., Grandview Middle School HT PTA Staff Appreciation Luncheon Gr. 8 and 9 Choir Concert, 7:30 p.m., Mound Westonka High --May 7, --May 7, School --May 8, School --May 9, GMS Beginning Band Information Night, 7 p.m., Grandview Middle Gr. 6 Band Concert, 7 p.m., Grandview Middle School --May 9, Concert Choir, Women's Choir Concert, 7:30 p.m., Mound Westonka High School --May 10, SH PTA Staff Appreciation Breakfast, 7:30 a.m. --May 11, MW Prom, 9 p.m. to midnight, Gillespie Center --May 13, Superintendent's Roundtable, 5-6 p.m., Room 200, Shirley Hills Primary School. The Superintendent's Roundtable is an informal opportunity to chat with Supt. Pam Myers, to ask questions and learn more about the school district. --May 13, School Board regular meeting, 7:30 p.m. (The Share the Success portion of the meeting starts at 7 p.m.) Shirley Hills Primary School --May 13, Gr. 6 Choir Concert, 7 p.m., Grandview Middle School Home Athletic Competitions: --May 7, Gr. 9 Baseball vs. Brooklyn Center, MWHS Field 1, 4:15 p.m. --May 8, Boys Tennis vs. Breck, MWHS Tennis Courts, 4 p.m. --May 8, Gr. 9 Baseball vs. Orono, MVVHS Field 1, 4:15 p.m. --May 8, Gr. 9, JV and V Softball vs. Columbia Heights, MWHS Fields 7, 9 and 6, 4:15 p.m. --May 9, Girls Varsity Golf vs. Orono, Burl Oaks, 3:30 p.m. --May 10, Varsity Baseball vs. Columbia Heights, MWHS Field 1, 4:15 p.m. --May 10, JV and V Softball vs. St. Anthony, MWHS Fields 9 and 6, 4:15 p.m. - 2374- 05/03/2002 Page 5 of 6 FUNDAMENTAL FINANCE FACT Here's an easy way to remember one aspect of school finance: Levies are for Learning (paying the operating costs of providing education, such as salaries, utilities, and bus service) An operating levy failed in November 2001. Bonds are for Buildings (keeping buildings in good repair and providing certain equipment, such as computers) A maintenance and technology bond referendum passed in March 2001. State law prevents school districts from using bond money to pay for operating expenses. TELL US WHAT YOU THINK! We would like to hear your feedback on any of the topics above, or any other school-related issue. Use whichever way works best for you: send an e-mail message to <welisten@westonka.k12.mn.us>; call the District Feedback Line at 952.491.8260; or mail your comments to Barbara Olson, Community Relations Coordinator, Westonka Public Schools, 2450 Wilshire Blvd., Suite A, Mound MN 55364 To unsubscribe from this list, please send a message to Barbara Olson at <olsonb@westonka.k12.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 @weston ka. k 12. mn. us http://www.westonka, k12. mn. us westonka.news is published by the Community Relations Department, Barbara Olson, editor. The information contained in this broadcast is - 2375- 05/03/2002 Page 6 of 6 given in good faith based on available information. The Westonka School District accepts no legal responsibility for its accuracy. According to the State of Minnesota, the subscriber list for this newsletter is public data. - 2376- 05/03/2002 h A R T E R e D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax hr tp://www, kennedy-graven.com May 2, 2002 ROBERT J. LINDALL Attomey at Law Direct Dial (612) 337-9219 *Certified Real Property Law Specialist Jim Grebe Director of Transportation Transportation Department County. of Hennepin 1600 Prairie Drive Medina, MN 55340-5421 Re: Realignment of Hennepin County State Aid Road 15 (Shoreline Drive) Improvement of Hennepin County State Aid Road 110 (Commerce Boulevard) County Project No. 9417 - Hennepin County/City of Mound Right of Way Agreement Dear Jim: This is to confirm our discussions with you, Kandis Hanson, Mound City Manager and John Cameron, Mound City Engineer, on April 16, 2002. At that time, it was my understanding that we were all in agreement with the following: The grade of the Hennepin County Regional Rail Authority Line at Hennepin County Road 110 (Commerce Boulevard) in the City of Mound should remain fixed as part of the proposed plan of Hennepin County and the City of Mound to realign Hennepin County Road 15 (CSAH 15). You will direct your design staff to attempt to resolve elevation changes which, in the future, may be requ!red on the rail line east of the new CSAH 15 crossing of the rail line (at Belmont Lane) so as to minimize or avoid the risk of later being required to reconstruct the crossing (either up or down) and to avoid designing the CSAH 15 crossing to a high elevation which is justified only as being necessary to preserve the ability to continue using the railroad line for freight or light rail train service at some future time. o You will direct Harlan Hanson of your staff to resume working on the proposed Hennepin County/City of Mound right-of-way agreement so that it is possible for the City and County to concurrently process: (1) the proposed City/County right-of-way agreement; and (2) the proposed County/City and HCRRA agreement. We hope these can be completed as soon as possible to the satisfaction of the City. The proposed County/City/HCRRA agreement would presumably address the following: The right of the City and/or County to purchase excess right-of-way owned by HCRRA (lying beyond a distance of 50 feet from the center line of the existing HCRRA track); RJL-213988vl MU200-92 *Certified by Minnesota State Bar Association -2377- Jim Grube Ltr May 2, 2002 Page 2 The ability of the City and County and other affected utility owners to obtain easements from HCRRA permitting relocation of utility facilities within the above-described 100- foot HCRRA right-of-way, subject to a duty of the easement holder to move the utilities located within the 100-£oot right-of-way pursuant to such easements in the event necessary to do so at some future date to accommodate HCRRA use of the 100-foot right-of-way. Agreement on the elevation of new CSAH 15 at the new crossing over the railroad and the new elevation of the railroad east and west of the crossing if necessary to determine the new elevation at the crossing. It may be necessary to phase the new CSAH 15 reconstruction project. One possible phasing arrangement would provide as follows: Phase I - Everything west of the west touchdown of the new CSAH 15 crossing of the railroad, to be constructed in early 2003. (Query: Couldn't Phase I also include everything east of the east touchdown as well?) Phase II - Everything east of Phase I, to be constructed in late 2003. (Query: If Phase I can include everything east of the east touchdown, then Phase II would be only the area between the west touchdown and the east touchdown.) It was recognized that HCRRA means to keep the ability to resume railroad operations until December 28, 2003, but that it can then consider approving a design which no longer permits freight use of the railroad track and can then address other objectives such as an optimum interim design which preserves the possibility of LRT or commuter rail operations. We look forward to meeting with you and/or your staff at the earliest possible opportunity to resume progress towards Hermepin County Board of Commissioner approval of both the right-of-way agreement and the HCRRA agreement. Thank you for your cooperation and assistance. Very truly y~ ~ll RJL:peb cc: Kandis Hanson John Cameron Bruce Chamberlain John Dean RJL-213988v 1 MU200-92 -2378- LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 Memo To". Kandis Hanson, City Manger Frmn'-Chief Len Harrell Date: 4/25/02 R~ School Resource Officei:(SRO) Grant Attached you will find a number ~ at Grandview Middle School that also Primary. the SRO position , of the Lake and Shirley Hills The odginal discussion began in the Spring of 2000; In my yearly presentation to the council I believe I first presented the idea cases ~nvolving school shootings. In the Fall of 2000, up to offer a substantial contribution Police Department. Money was needed for implementation :of'.the p~m in the FalI of 2001 at the start of the school year and any gra~it aWa~ii!;~uld no~ co~ until after JanUary 1, 2002. Other approximately $24, Because of September awards. We had confide~:~,e~d be a up to our! program for the first awarded on Mamh 20, the year The grant is a three' federal auditing office ~ffice~has::.~nSloW in making the grant Jr past racord of Ihting to continue the our grant has b~n back to the first of for the award from the over a three year period. The award that the position COntinue to by funded by the City after the three year grant period. The grant is designed to allow City's to gradually add to their existing personnel over the three years to implement the program. Should you need a copy of the grant; Michelle Alexander has a copy. · Page I -2379-.. olOt Mound Police Department to Implement School Resource Officer Program The Mound Police Department is taking another quantum leap into community-oriented policing and crime prevention by implementing the School Resource Officer Program [SRO] at the Grandview Middle School. Many police agencies have formed partnerships with school systems to create the SRO program which is considered one of the most proactive strategies in community-oriented policing. The Mound Police Department recently received the prestigious International Association of Chiefs of Police/ITT Industries Community Policing award for the year 2000. Targeting an inception date of Fall 2001, the program requires an initial funding goal of $48,000. The Mound office of Wells Fargo Bank has generously donated $12,500 to kick off the fundraising efforts of the SRO program at the Grandview Middle School. The balance of the fundraising efforts needs to be completed by the Spring of 2001 giving ample time to hire and train the School Resource Officer for the coming school year. Community support of programs like the SRO is needed in order to facilitate its initial implementation. The School Resource Officer Program places a law-enforcement officer on a school campus, making it the officer's assigned patrol area. By applying a community oriented policing philosophy within the school, the School Resource Officer is able to assist the school administration in providing the most secure and orderly environment possible. The SRO is a specially trained, state-certified law enforcement officer who is assigned full time during the academic school year. The SRO Program is based on a cooperative relationship between law enforcement officers, teachers, school personnel and parents. It develops a positive relationship between the SRO and students. The SRO fulfills several important roles. First, as a law enforcement officer, the law will be consistently and fairly enforced. The SRO will take the necessary enforcement actions, when necessary, to ensure a safe and peaceful learning environment. Second, the SRO serves as an instructor, teaching classes that are many times related to core subjects, such as D.A.R.E and the Corrective Behavior Curriculum. Finally, the SRO is a -2380- counselor, being permanently assigned to the school campus the SRO is readilY available- to assist-students~ and'Staff members with. personal and school related problems when appropriate. The School Resource Officer is involved with various school activities. The officer is seen as a part of the campus environment. The presence of a law enforcement officer on campus provides opportunities for positive experiences between the law. enforcement officer and the students. These experiences can lead to greater mutual understanding and 'respect, potentially resulting in the prevention of de.linquency and crime. Principal Kevin Borg of the Grandview Middle School, educating 525 students in grades 5-7, is very supportive of this program for the school district. The Mound Crime Prevention Association, a 501(c)(3) non-profit organization, is seeking contributions from the Mound community to fund this program for the. 2001 school year. Contact Jim Brand at 472-2000 for more information. -2381 - INTEROFFICE MEMORANDUM TO: POLICE PERSONNEL FROM: LEN HARRFJ,T. SUBJECT: SCHOOL RESOURCE OFFICER DATE: 5/z6/o1 AS MOST OF YOU ARE AWARE, WE HAVE RECEIVED FUNDING TO BEGIN A FULL-TIME PERSON IN THE MIDDLE SCHOOL FOR THE SCHOOL YEAR BEGINNING IN SEPTEMBER. THE POSITION W~'IJ. BE PRIMARILY AT THE MIDDLE SCHOOL, BUT WILL ALSO WORK CLOSELY WITH SHIRLEY HILLS, OUR LADY, AND THE HIGH SCHOOL. FUNDING HAS BEF~N DONATED TO COVER THE F. AI J. AND ADDITIONAL FUNDING HAS BEEN APPLIED FOR TO PAY FOR THE POSITION INTO THE FUTURE. THE POSITION WILL .ALSO BE RESPONSIBLE FOR DEVELOPING AFTER SCHOOL PROGRAMS AS NEEDS ARE IDENTIFIED AS WELL AS SUMMER PROGRAMS FOR KIDS IN OUR COlVllvlUNI~. IT IS ANTICIPATED THAT THE POSITION WIIJ. BE SCHEDULED MONDAY-FRIDAY DURING THE SCHOOL YEAR DURING THE DAY, BUT MAY VARY SOMEWHAT IN THE SUMMER AS NEF, DS DEMAND. OFFICERS WHO ARE INTERESTED IN THE POSITION ARE TO SUBMIT A LETTER OF INTENT OUTLINING THEIR QUALIFICATIONS AS WRI.L AS A RESUME NO LATER THAN JUNE 1s.r, 2001. DEPENDING ON THE NUMBER OF INTERESTED PARTIES, A SF, I.RCTION PROCESS WILI, TAKE PLACE. -2382- September 27, 2001 Ms. Leah Weycker Westonka Family Collaborative Mound, MN 55364 Dear Leah: Thank you and the Collaborative for agreeing to the generous donation of seven thousand dollars ($7,000.00) for the fall implementation of the school resource officer at Grandview Middle School. Officer Miehelle Alexander has been assigned to the schools since late August and has been very active assisting students within the Mound/Westonka School District. Your support and partnership are greatly appreciated in this endeavor. Please make the cheek out to the Mound Crime Prevention Association who will handle the funding of the new initiative. Thank you! Sincerely, Len Harrell Chief of Police -2383- October 18, 2000 Ms. Bonita Medenwaldt Wells Fargo Bank 5211 Shoreline Drive Mound, MN 55364 Dear Ms. Medenwaldt: The Mound Police Department is an agency within the government entity of the City of Mound. The City is represented by Mayor Patricia Meisel and four council members; Mark Hanus, Andrea Ahems, Leah Weycker, and Bob Brown. The City of Mound's tax exempt number is 802-4096. The Mound Police Department is an agency of thirteen sworn officers, three support personnel, and seven volunteers. The Department provides public safety and community policing services to a population of approximately 9,812 citizens. The City is a bedroom community on the west shores of Lake Minnetonka. The Mound Police Department is the recipient of the International Association of Chiefs of Police/ITT Industries Community Policing Award for the year 2000. The position for which we are requesting your assistance involves the implementation of a School Resource Officer (SRO) for the Grandview Middle School. The School Resource Officer (SRO) is assigned to work within the school environment and provide support and security to our young people. Grandview Middle School supports approximately 525 students in grades 5-7. The School Resource Officer (SRO) would be in addition to our fiffia grade D.A.R.E. program and our Corrective Behavior Curriculum. The Bureau of Justice Assistance in their Guide for Preventing and Responding to School Violence recommends departments "patrol school grounds and develop a School Resource Officer (SRO) program" (p. 25, 1999). The Mound Police Department has worked in close partnership with the Grandview Middle School and believes that a School Resource Officer (SRO) program would benefit the educational environment. A recent report from Hennepin County indicates that approximately 37% of our "school crime" was committed by children thirteen and younger. A national publication, Juvenile Offenders and Victims:1999 National Report by the Office of Juvenile Justice and Delinquency Prevention, reported that 13 and 14 year olds accounted for 27% of juvenile crime nationally and children 12 and under accounted for 10% of juvenile crime (p. 146). -2384- The Grandview Middle School serves children ages 11-14 and would be our focus for the School Resource Officer (SRO) program. The School Resource Officer (SRO) program would allow for the expansion of our direct services to the youth of our community. Per our conversation, your assistance in implementation, would provide up to $25,000.00 towards the cost of implementation of $48,000. The additional funds would be provided through our own budgeting process within the City of Mound. The program would be scheduled to begin fall of 2001 for the school year of 2001-2002 giving ample time to hire and train the appropriate individual to work with our middle school children. Experience has shown that assistance in implementation is often the boost the department needs in order to facilitate new programs for the community, I hope that I have answered your questions appropriately. If I can be of further assistance, do not hesitate to contact me. Thank you for interest and assistance. Sincerely, Len Harrell Chief of Police -2385- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 · www. ci.shorewood.mn.us · cityhall @ci.shorewood.mn.us · April 30, 2002 Mayor Pat Meisel City of Mound 5341 Maywood Road Mound, MN 55364-1627 Dear Mayor Meisel: We have achieved a major, overwhelming victory at the Legislature. A new bill was been signed into law on April 19 that will restrict the use of lawn fertilizers containing phosphorus throughout the state. Minnesota is the first state in the nation to take such an action to further improve the quality of our waters and thus reduce the public costs to treat the effects of phosphorus pollution. Your support and that of over 50 cities, other local governments and associations, largely through governing board resolutions and contacts with legislators at key moments, were critical to the passage of this legislation. I would like especially to acknowledge the financial support given to Shorewood by the cities of Cottage Grove, Eagan, Eden Prairie, Falcon Heights, Plymouth, and Stillwater. While we sought State regulation of the sale ofthese fertilizers, this broad of a scope proved unpassable. By restricting the use of such fertilizers, however, we believe that manufacturers and retailers will not want to cause or abet illegal activity by their customers; hence, they will need to make low-.and no-phOsphorus fertilizers readily available to consumers. The key provisions in the legislation, nearly all of which will take effect January 1, 2004: · Maximum of 0% phosphorus content in the seven-county Metro area, and 3% phosphorus content in the rest of Minnesota, will be allowed to be used. (Reasonable exceptions, of coUrse: establishment of new turf, or soil test results showing a deficiency of phosphorus.) · Non-metro local units of government may adopt ordinances to go to 0% phosphorus, provided that they subsequently notify the Department of Agriculture. · Local ordinances more restrictive than the new law are grandfathered if they were effective prior to August 1, 2002. (The League of Mirmesota Cities and Association of Metropolitan Municipalities are developing sample/model ordinances for cities that may want to have restrictions on the sale of fertilizers with phosphorus.) · Golf courses and commercial applicators are exempted, provided they have State license, training, or certification. · The Department of Agriculture, with consultation from other interested organizations, will develop point-of-sale information. OPRINTED ON RECYCLED PAPER -2386- Lawn Fertilizer Legislation April 3O, 2002 Page'Two · The Department of Agriculture, with involvement of the University of Minnesota extension service and other interested or affected parties, will evaluate effectiveness of the law and report to the Legislature by January 15, 2007. · ' The scope of the legislation is turf fertilizers. Cities may not regulate fertilizers containing phosphorus for agricultural uses or application. Being involved in theprocess of passing a piece of legislation is interesting, to say the least. This proposal certainly had its ups and downs. Despite the overwhelming support (55 - 3 in the Senate, 116 - 16 in the House, on each body's first reading), there were several times that the bill might be held up to miss committee deadlines, and several times that the nose-counting did not appear in our favor. There were many long or sleepless nights. Ultimately, hard work at finding common ground as well as good old common sense prevailed. This law was the result of the involvement of many people mad organizations. I am greatly appreciative and personally humbled by the support shown by so many. Shorewood is proud to be a member of the broad coalition backing and pushing this bill. Thank you again for being a part of this unprecedented legislation. Sincerel , ' Woody'Love Mayor ~/c: City Manager/Administrator -2387- -2388- -2389- Table DP*I. Profile of General Demographic Characteristics: 2000 Geographic Area: Moun'~l citY, Minnesota [For information on confidentiality protection, nonsampling error, and definitions, see text] Subject Number Pement Subject Number Percent Total population .......... :~ ............... 9,435 100.0 HISPANIC OR LATINO AND RACE Total population .......................... 9,435 100.0 SEX AND AGE Hispanic or. Latino (of any race) ................ 91 1.0 Male ........................................ 4,906 52.0 Mexican ................................... 49 0.5 Female ............................. 4,529 48.0 Puerto RIcan ............................... 10 0.1 Under 5 years ............................... 558 5.9 Cuban .................................... 5 to 9 years ................. ~ ............... 639 6.8 Other Hispanic or Latino .................... 32 0.3 10 to 14 years ................ :? ................ 665 7.0 Not Hispanic or Latino ........................ 9,344 99.0 15 to 19 years ............................... 584 6.2 White alone ................................ 9,033 95.7 20 to 24 years ............................... 389 4.1 RELATIONSHIP 25 to 34 years ............................... 1,416 15.0 Total population .......................... 9,435 100.0 35 to 44 years ............... * ............... 1,947 20.6 In households ................................ 9,434 100.0 45 to 54 years ............................... 1,547 16.4 Householder ............................... 3,982 42.2 55 to 59 years ............... ~ ............... 513 5.4. Spouse ................................... 2,129 22.6 60 to 64 years ............... : ............... 332 3.5 Child ...................................... 2,618 27.7 55 to 74 years ............... ; ......... 477 5:1 Own child under 18 years ................ 2,139 22.7 75 to 84 years ............... ................ 297 3.1 Other relatives ............................. 192 2.0 85 years and over ........... ;'. ............... 71 0.8 Under 18 years ......................... 70 0.7 Median age (years) ..... ~ ..... ; ............... 37~5 (X) Nonrelatives ............................... 513 5.4 Unmarried partner ....................... 2461 2,6 18 years and over ...... i .... i~ ............... 7,183 76.1 In group quarters ............................. 1 Male ...................................... 3,711 39.3 Institutionalized population ................... Female .................... ~ ............... 3,472 36.8 Noninstitutionalized population ............... 1 2~ years and over ............ ... ..... 6,927 73.4 62 years and over ......... '...+~. .............. 1,000 10.6 HOUSEHOLD BY TYPE 65 years and over ........... ;~. .............. 845 9.0 Total h0ueeholda ......................... 3 982 100.0 Male ................. ~; .... 353 3.7 Family hOUSeholds (familieS) ................... 2,559 64.3 Female ................... i'~. .............. 492 5.2: With own children under 18 years .......... 1,203 30.2 Married-couple family ....................... 2,129 53.5 RACE . With own children under 18 years .......... 923 23.2 One race ................... ~ ~. .............. 9,327 98.9 Female householder no husband present ..... 294 7.4 White ..................... .i!. ,. ............. 9,080 96.2 With own children Under 18 years .......... 196 4.9 Black or African American.. ,~;. ...... 60 0.6 Nonfamlly households . ~ ...................... 1,423 35.7 American Indian and Alaska ~ative ........... 18 0.2 HouSeholder living alone .................... 1,128 28.3 Asian .................... ;:i. ........ 123 1.3 Householder 65 years and over ............ 279 7.0 Asian Indian ............. : ............... 8 0.1 Ch nese ........ ~ ............. 17 0.2 HoUseholds with individuals under 18 years ..... 1,264 31.7 Filipino .................. ............... 7 0.1 Households with individUals 65 years and over .. 627 15.7 Japanese ................ .. .............. 8 0,1 Average household size ....................... 2.37 (X) Korean .................. ~ .......... 30 0.3 Average family size ..... 2.93 (X) Vietnamese .............................. 2 ...................... OtherAsian ~ ' 51 0.5 HOUSING OCCUPANCy Native Hawaiian and Other pacific Islander .... 4 Total housing units ....................... 4,118 100.0 Native Hawaiian .......................... I Occupied housing units ....................... 3,982 96.7 Guamanian or Chamorro .................. 1 Vacant housing units .......................... 136 3.3 Samoan ................. ~. .............. 1 For seasonal, recreational, or Other Pacific Islander 2 1 occasional use ............................ 67 1.6 Some other race ........... ? .............. 42 0.4 Two or more races ........... ; ............... 108 1.1 Homeowner vacancy rate (percent) ............. 0.8 (X) : Rental vacancy rate (percent) .................. 1.8 (X) Race alone or in comblnation with one or more other races: · HOUSING TENURE White ...................... ~i. .............. 9,172 g7.2 Occupied housing units .................. 3,982 100.0 Black or African American ..... . ................ 92 1.0 Owner-occupied housing units ................. 3,208 80.6 American Indian and Alaska Native ............. 47 0.5 Renter-occupied housing units .................. 774 19.4 Asian ...................... ~:~. .............. 168 1.8 Native Hawaiian and Other Parc Islander ...... 7 0.1 Average household size of owner-occupied units. 2.49 (X) Some other race ............ ~ ............... 58 0.6 Average household size of renter-occupied units. 1.87 (X) - Represents zero or rounds:ih zero. (X) Not applicable. ~ Other Asian alone, or tw~ &~i more Asian categories. 2 Other Pacific Islander albne, or two or more Native Hawaiian and Other Pacific Islander categories. a In combination with one or .r~ore of the other races listed. The six numbers may add to more than the total population and the six percentages may add to more than 100 perc&nt because individuals may report more than one race. Source: U.S. Census Bureau;:'Census 2000. 2427 Census Bureau -2390- · Gillespie Gazet VOL X NO 5 May - 2002 PRESIDENT'S MESSAGE April 24, 2002 Dear Members and Friends, It's true, spring is really here. The ice is out of the lake, the golf courses are open and flowers and trees are starting to bud. Almost all of our snow birds have returned. Our Secretary, Barb Calhoun, has been extra busy with the projects this spring and won't be returning for a while. Carol Jean Lindgren has stepped forward and done a great job taking Minutes of meetings. This is in addition to her other volunteering at our Center. Thanks, Carol Jean for all your volunteer help. The month of March was designated as the month to help the food shelves. We collected food and money to help our local food shelf, Westonka Food Shelf. Mary DeVinney, one of our members, is the manager of this food shelf and has been the manager for many years. This would be a full time job for most of us. This has been a labor of love for Mary and our community can be proud of the wonderful work of this nice lady does. We are proud that Mary is a member of our Center. On Saturday, April 13~, the Mound Westonka National Honor Society hosted a breakfast to honor all of our senior volunteers. Muriel Gyllen, Virginia Keefe, Margaret Mattson and Marge Stutsman are our special volunteers for 2001. We appreciate all the help you give to our Center. Thanks to all of our volunteers and thanks to the National Honor Society for this special treat for our senior volunteers. One of the special volunteer opportunities, in my opinion, is our Pen Pal program. I have been a Pen Pal for three years and I find this to be a truly rewarding experience. We met our Pen Pals at Shirley Hills School earlier this spring. Our Pen Pals were here at our Center on April 23r~ for lunch and fellowship. These youngsters are really special. Thanks to Dotty O'Brien for coordinating this wonderful program. Many of you know that the Board of the Westonka Senior Citizens Foundation oversees the running of our Gillespie Center. This is certainly a much larger job than managing the daily task most of us homeowners have. Many of you know most of these people, but I would like you to know all of them. Foundation officers are: Sharon Cook, President, Patty Guttormson, Vice President, Dotty O'Brien, Secretary, and Roger Westman, Treasurer. Board Members are: Pat Meisel, Meisel Hardware Specialties, Theresa Pesch, Ridgeview Medical Center, Marion Poteete, Doris LeGault, Jerry Kohls, Pond Hockey Arena, Chad Vitzthun, Marquette (Wells Fargo) Bank, Gene Partyka, Jerry Henke, Roger Reed, Reed and Pond, Len Harrel, Mound Police Department, Cheryl Fischer, City of Minnetrista, Jack Weist and Helen Sweezo. You will notice that most of these Foundation Board Members are also members of the Gillespie Center. Thanks to all these Foundation Board members for all they do for our Center. ~tack Weist Chairperson Gillespie Center Advisory Council -2391 - Mediaco April 29, 2002 City of Mound City Mgr Kandis Hanson 5341 Maywood Rd Mound, MN 55364-1627 Bill Jensen Regional Manager Re: Mediacom Onlinesm Price Change Effective June 1, 2002 Dear Municipal Official: In our efforts to provide important and timely information, please be advised of an upcoming price change that will affect Mediacom Online~m high speed Internet service customers in your area. The new rate structure decreases the modem rental to $5.00 and increases the monthly service rate by a maximum of $6.00. Customers who do not rent a modem from Mediacom will see an increase of $5.00 in their bill as a result of this redistribution of the modem rental charge. Current HSD customers who have purchased their own modem will have a $5.00 discount applied to their account for the next 12 months. A separate postcard has been created and will be mailed specifically for these customers explaining the $5.00 discount. Effective with the June 2002 billing statements, the full retail monthly rates for Mediacom Online service are as follows: eMediacom Online~ with Video Service ( no modem rental) *Mediacom Online~ with Video Servi-ee with modem rental *Mediacom Online~ without Video Service ( no modem rental) *Mediaeom Online=, without Video Service with modem rental $40.95 $45.95 $50.95 $55.95 Notice to customers is being provided via direct mail. We are also sending a supplemental e-mail message directly to current Mediaeom Online~ customers. If you have any questions about these changes, pleases contact me at 507-835-2356, extension 222. Enclosures- 4 Mediacom Communications Corporation 1504 2nd Street, S.E. * Waseca, MN 56093 · 507-835-2356 · Fax 507-835-4567 -2392- CZ., _<.. ~0 U1 U-I n 0 ~-2393- Medi~ PR~KTE~ R3ST,~GE PAD P ERJ"I ITarS 23 ~ I~ B~H RC~ PJI~ FA S TT.AC · ~o~.~ INTE'RN~ET 1987-D04 North Central / Other -2394- m -2395 Media~~ THE FA $ TTRAC K ~o ~.[ INTERN ET 1987-C04 North Central / OUler -2396 Mary Opheim 2885 Westedge Blvd. Mound, MN 55364-9481 -2397- fohn M. Evans 2025 Arbor Lane Mound, MN 55364 (952) 495-1620 April 22, 2002 Laker/Pioneer 2365 Commerce Blvd. Mound, MN 55364 Dear Editor: On April 13, 2002 1 had the pleasure of attending a meeting at the Gilespie Center sponsored by the Westonka Historical Society at which F. Todd Warner, Candice Hanson and Sarah Smith spoke eloquently regarding the really exciting upgrades presently in the works for downtown Mound. These folks are real movers and shakers and tremendous assets to the community. One of the many great ideas mentioned is the proposed pier. or wharf which is to be built near the railway station and beach area that will be able to accommodate the Minnehaha and other large cruise vessels further enhancing our image as a port city. This image is likely to be even more distinct with the completion of the Lost Lake Canal (I call it the Inner Harbor Project). Mound already has more shoreline than any other town on the lake and should be proud of its marine tradition. Incidentally, if the Westonka Historical Society together with the city can collect just $3.00 per man, woman and child, there is an excellent chance that the new pier actually be completed this summer (Yes, I've made my donation!). Over $500.00 was pledged during this meeting. Just one last thought. What do you think of a possible name change to reflect our lake orientation - - - just consider names like, Tonka Bay, Minnetonka Beach, Deephaven, Shorewood. Personally the name Westonka would have my vote (I didn't intend to slight our neighbors in Minnetrista, Spring Park and Long Lake. Those names are beautiful too.) The name Westonka seems to have a certain magic or even mystique to it and is ,geographically correct" as well. But regardless of what we're called, this city is at least on the move, and it is my prediction that this town with everything it will be offering by the way of amenities, recreation and shopping is going to be THE place to live, work and shop, and a destination well worth visiting by land or water. -2398- 04-22-2002 10:35AM FROM LAKE MINNETONKA COMMUNICA TO 9524?20620 P.O1 4071 Suftset Ddve Box 385 $1xing Pa~ MN 55384..0385 Phone.- 9S2:-.471-717,5 Fax- t~2,.471-9151 E.ma~l- I~st, flet El Uzge~lt [] ForRe~w. D ~~ O ~ease~.a~l~ 0 ~a=e~e -2399- 04-22-2002 10:33AM FROM LAKE MINNETONKA COMMUNICA TO 9S24720620 P.02 -2400- 04-22-2002 10:35AM FROM LAKE MINNETONKA COMMUNICA TO 9524720620 P.03 -2401 - TOTAL P, 0~ FRESHWATER SOC IETY April 16, 2002 The Freshwater Society is a tmblic, non-pro, fi~ environmental orgcm.lzation dedicated to helping people understand, prorccL and manage freshwater resources. Lake Minnetonka Ice-Out for the Year 2002 The ice was declared "OUT" of Lake Minnetonka at 2:46 A.M., April 16, 2002. BC)AR1) (3F IblRECTOR~ M. 5%5<1 I~LWtOI1, il; Ph.D.. Reid C). Billig Joseph J~ Bolos Rictxard S. Galdecott. Ph.D, R~chard G. Gray, Sr.. D Sc Jol'm Holman Daniel F. 13ndsay Donald Tlmksse'n. Ph.D. Donald CL Braum The Freshwater Society and I wish to thank those ice-out "spotters" whose interest and willingness helped determine the time and date of ice-out. Particularly, thanks to Mr. Tom Warner of Deephaven, a former Board member of the Freshwater, and Mr. Steve Gray, who has lived on the West Upper Lake for many years and is most familiar with ice-out procedures. Tom and I are responsible for the date and.time of ice-out If you have any questions or comments, please call me at the Freshwater Society. Thanks to all. Dick Gray Freshwater Society 2500 Shadywood Road Excelsior, MN 55331 Phone: 952-471-9773 E-mail: freshwater@freshwater, org Gray Freshwater Center - 2500 Shadywood Road o Excelsior, MN 55331 PHONE (952) 47%9773 FAX [952) 471-TR,qR .~., freshwater@fresnwater, org NmRmT www. freshwater, org -2402- -2403- -2404- Minnesota Lawful Gambling LG555 - Government Approval or Acknowledgment For Use of Gambling FUnds(previ0uslyLG503andLG265) (11/01) Organization Information (please print) Organization Name ,]'v~0 ~ Ab~ ~ "~-A~tE~',.3 Expenditure Description (attach additional sheets ifnecessa~) 1. Amount of pr°posed la~ul purpose expenditure ~ $ ~~ I 2. Check the appropriate expenditurecatego~: ~ontributlon to a unit of government - United States, state of Minnesota, or any of its subdivisions, agencies, or instrumentalities. NOTE; A contribution may not be made directly to a law enforcement or proSecutorial agency, such as a police depadment, county sheriff, or county attorney. A wildlife management project that benefits the public at large with approval of the state agency that has authority over the project. Describe the proposed expenditure, including vendors. Grooming and maintaining 8nowmoblie or all-terrain vehicle trails with approval by DNR. All trails must be open to public use. Describe the proposed expenditure, including vendors. · I affirm that the contribution or expenditure, in accordance with Minnesota Rule 7861.0120, subpad 5D(10), does not result in any net monetary gain or other pecuniary benefit to our organization. · I affirm that when lawful gambling funds are used for grooming and maintaining snowmobile or all-terrain vehicle trails or for any wildlife management project for. which reimbursement is received from a unit of government, the reimburse- ment funds must be deposited in our lawful gambling account.and recorded on the LG 1010 - Schedule C/D repod. / / Chief executive officer's signature Phone number Date Government Approval/Acknowledgment By sign;'ture below, the representative of the unit of gover, nment · approves the project as described above, and/or · acknowledges the contribution, whic,h will not be used for a pension or retirement fund. Address City : State Zip Print Name .x""-' Title ~eted form attached lo the LG1010 - Schedule CID in yo~,,ganization's records. This form will be made available in alternative format (i.e. large print, Braille) upon request, ll~ you use a 'FFY, you can call us by using the Minnesota Relay Service at 1-800-627- 3529 and ask to place a call to 651-639-4000. The information requested on this form will become public information, when requested by the Board, and will be used to deteAmine your compliance with Minnesota statules and rules goveming lawful gambling activities. For additional information, check our web site at ww. gcb.state.mn.us -2405- THIS PAGE IS INTENTIONALLY LEFT BLANK -2406-