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2002-08-13PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. MO~D CITY COUNCIL ~ ~~ TUESDAY~ AUGUST 13~ 2002 - 7:30 PM MOUND CITY CO~CIL C~MBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING PLEDGE OF ALLEGIANCE APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA *A. APPROVE MINUTES: JULY 23, 2002 REGULAR MEETING 3713-3718 *B. APPROVE PAYMENT OF CLAIMS 3719-3749 *C. APPROVE ELECTION JUDGES FOR THE PRIMARY AND 3750-3751 GENERAL ELECTIONS: 9/10/02 AND 11/5/02 *D. *E. *F. *G. APPROVE TwO-DAy PERMIT TO ALLOW 3.2 BEER LICENSE AND DANCE PERMIT FOR OUR LADY OF THE LAKE INCREDIBLE FESTIVAL: 9/14-15 APPROVE AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND FOR CITY EMPLOYEES, APPOINTEES AND LICENSES APPROVE PLANNING COMMISSION RECOMMENDATION CASE #02-19: GARDNER 1599 BLUEBIRD LANE VARIANCE ACTION 6N LETTER OF CREDIT REDUCTION FROM METROPLAINS DEVELOPMENT: VILLAGE BY THE BAY/ MOUND MARKETPLACE 3752-3754 3755-3756 3757-3781 3782-3785 o COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. (LIMIT TO 3 MINUTES PER SPEAKER.) 10. 11. 12. 13. 14. 15. 16. PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. SWEARING OF MICHAEL SUSSMAN AS PATROL OFFICER FOR MOUND POLICE DEPARTMENT JIM BRIMEYER .OF BRIMEYER & ASSOCIATES: PRESENTATION OF POLICE CHIEF POSITION PROFILE JIM STROMMEN OF KENNEDY AND GRAVEN: UPDATE ON XCEL ENGERY MATTERS AS THEY PERTAIN TO THE PUBLIC SAFETY BUILDING PROJECT AND THE DOWNTOWN REDEVELOPMENT PROJECT, WITH ANY NECESSARY ACTION FIRE DEPARTMENT A. ACTION ON LEASE AGREEMENT FOR A PORTION OF THE BALBOA BUILDING FOR USE AS A TEMPORARY FIRE STATION B. ACTION ON AMENDMENT TO THE WESTERN AREA FIRE TRAINING ASSOCIATION (WAFTA) JOINT POWERS AGREEMENT C. NOTICE OF GROUNDBREAKING DATE FOR PUBLIC SAFETY BUILDING: 9/17, 6:30 PM ACTION ON RESOLUTION AUTHORIZING EXECUTION OF CSAH 15 RIGHT-OF-WAY AGREEMENT, INCLUDING REVIEW OF DOWNTOWN REDEVELOPMENT COSTS, FINANCING & TIMING ACTION REGARDING WETLANDS MITIGATION FOR SKATE PARK PROJECT ACTION REGARDING WETLANDS MITIGATION FOR DITCH CLEANING FOR 2002 STORM SEWER PROJECT ACTION ON BUSINESS SUBSIDY AGREEMENT WITH ROD DIETRICH FOR MOUND POST OFFICE DEVELOPMENT ACTION ON CASE #02-22: MARK STEIN 5765 SUNSET WAIVER OF PLATTING PLANNING COMMISSION RECOMMENDATION AG ACTION ON PROPOSED REVISIONS TO CITY CODE 365 (SIGNS) ACTION ON OUR LADY OF THE LAKE PORTABLE SIGN REQUEST FOR THE INCREDIBLE FESTIVAL CONSIDERATION OF PROPOSAL BY VFW FOR IMPROVEMENTS TO VETERAN'S PARK 3786-3792 3793-3811 3812-3821 3822-3825 3826-3852 3853-3855 3856-3858 3859-3863 3864-3877 3878-3925 3926-3931 3932-3936 PLEASE ~RN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. lg. gET gPECIAL EVENT§/MEETING§ A. SET LIQUOR STORE GROUND BREAKING B. SET DEVELOPER WORKSHOP: RECOMMEND 9/3, 6:30 PM 19. INFORMATION/MISCELLANEOUS mo B. C. D. E. F. G. I. J. K. LMCD correspondence Report: Mound Police Department - July 2002 Report: Finance Department - June 2002 Report: Redevelopment Project Team Report: Public Safety Building Project Team State Chamber of Commerce article Memo: LMC on State Auditor's Investigative Report to the City of Brooklyn Park Press release: upcoming Laker Newsletter: Gillespie Gazette Report: Charitable Gambling contribution from Jaycees Resignation: Liquor Store Manager Joel Krumm 20. ADJOURN This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. agendas may be viewed at City Hall or at the City of Mound web site: www. citvqfmound, com. 3937-3940 3941-3958 3959-3961 3962-3964 3965-3977 3978 3979-3986 3987-3988 3989 3990 3991 More current meeting COUNCIL BRIEFING August 13, 2002 Events Schedule: Don't Forget!! Aug 13 - 6:30 - HRA regular meeting Aug 13 - 7:30 - CC regular meeting Aug 20 - 6:30 - Budget Workshop Aug 27 - 6:30 - HRA regular meeting Aug 27 - 7:30 - CC regular meeting Aug 27 - Sept 21 - Candidacy Sept 2 - City Hall closed for Labor Day Sept 9 - 6:30 - HRA regular meeting Sept 9 - 7:30 - CC regular meeting Sept 10 - Primary Election #4.E. Criminal Backgrounds Checks for Employees A background checks from the Bureau of Criminal Apprehension cost $15 each and a week to get the report. By passing this ordinance, we can generate the report in-house, with not cost and no wait. Since Bonnie generated the revision, we are saving from the start. Thanks! #9.A. Lease for Temporary. Fire Station Negotiations with United Properties are nearing a close and this lease is nearing its final form. Chief Pederson will update you on any changes that occur prior to the meeting. #9.B. WAFTA Joint Powers Amendment This amendment to the WAFTA Joint Powers agreement will expand involvement to more of the members. Previously, there were only four on the Board, mostly due to lack of interest. With WAFTA's recent efforts to clean up and sell the property, involvement has stepped up. Five is also a more suitable number--being an odd number. #18.A. Liquor Store Ground Breaking We have been waiting for the closing to occur on the liquor store before we hold a ground breaking. However, that is not yet scheduled but the building is going up. So, I don't think we should wait any longer. Please bring your calendars. It is my hope that we can agree on a date and time that will allow full attendance. That would make a great picture! Plus, it will make three groundbreakings in three months, when you count the public safety building in Sept! Quite an impressive record for Mound!!! #18.B. Development Workshop Staff is proposing a special meeting workshop that would include a developer's update on the first open Tuesday, being Sept 3. We have tested that date with them, and their indicators are affirmative. Hopefully this date also works for council members. Thanks! #19.K. Liquor Store Manager's Resignation I encourage the council to acknowledge the work and the resignation of Liquor Store manager, Joel Krumm, at this meeting. He has requested no public or other parting event. He has been liquor store manager for 18 years and can be credited with profits that have significantly offset the levies to Mound taxpayers. Resources Denice Widmer of Watertown will start in her position as Administrative Assistant to back up Streets, Utilities, Parks and Docks on Aug 12, pending good background reports. Michael Sussman of Brooklyn Park will begin in his position as Patrol Officer, following his swearing in at this meeting. MOUND CITY COUNCIL MINUTES JULY 23, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 23, 2002, at 6:45 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 Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John Cameron, City Planner Loren Gordon, ParEs Director Jim Fackler; Tom Stokes, Chuck Alcon, Miles Britz, Greg Fall, John A~rson, Bob B ebe, Jeff Jesberg, Matt Mizerny, Phil Bowman, Bob & Kathy G~ellow, Flynn Elder, Nacole Schutz, Jeff Anderson, Bill Baker, John & K~'~!~i.!ina, Greg Olson Diane Arndt, Wayne Arndt, Ann Eberhart, Bruce~;~dudy M~beman, Richard Strand, Michael Blood, Cheri Blood, Lincoln S~i~, Tania Ho~i~Mark &Conn e Woytcke, Frank Weiland, Debbie Falle, Sa~iii~'~ele.~;~i~rl Yaege'~i~'=B I Nielsen, Vicki Weber, Karl & Julie Weisenborn, Dick ~iiiii~[~=;~3ohnson, Joy Foster, Patty & Art Anthony, Adam Hawkinson Dan Wombach~i!i!iiChris Sankey, Scott Thoma, Bonnie & Eric Vos, Todd Ehret, Bob~!~e!hart, S~hen Kakos, Robert & Elsie 1. OPEN MEETING Mayor Meisel opened th~iii~:;eti~ ~t:.6:4~ iiP.m. 2. FACILITIES TOUR:::~R~:~iiii~:iii~:'Cl~iiiii~'ALL The Council tooba~ili~!~:a~:::~;of t~;~;i~?City Hall, with Jim Fackler pointing out the deteriorating a~:~ th~:{~:'~~e m:~ed of repa r. 3. PLEDGE Upon return to th~ii~:iG~un:c.i]iii%hambers the Pledge of Allegiance was recited. 4. APPROVE AGENDA, WiTH ANY AMENDMENTS Kandis Hanson requested the removal of 3C from the consent agenda and the addition of 14A, Setting Special Budget Workshop. Hanus requested adding item 17A, Shoreline Survey. Hanson also requested that item #17 be moved to take place at about 8:30 p.m., when defense attorney will be present. MOTION by Osmek, seconded by Hanus to approve the agenda as amended above. All voted in favor. Motion carried. 5. CONSENT AGENDA MOTION by Brown, seconded by Osmek to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. 1 -3713- Mound City Council Minutes - July 23, 2002 A. Approve minutes of July 9, 2002 regular meeting B. Approve payment of claims in the amount of $301,226.49. C. (removed) D. Approve progress payment No. 3 ($2,938.35) to Doboszenski & Sons, for the Mound Visions 2nd Addition. E. Approve progress payment No. 2 ($12,118.94)to S.M. Hentges & Sons for work completed on the Westedge Watermain Improvement. F. RESOLUTION NO. 02-74: RESOLUTION TO APPROVE A LOT SIZE VARIANCE, FRONT SETBACK VARIANCE AND A HARDCOVER VARIANCE FOR A NEW HOUSE TO BE CONSTRUCTED AT 4948 WILSHIRE BOULEVARD. P & Z CASE #02-23. PID #24-117-24.14-0048 G. Approve a on-day permit to allow 3.2 beeflwine in ~eund Bay Park for Employee Appreciate Day on August 1st .... ,,~iiiili/liii~::~ .... 3C, APPROVE BID DATE FOR 2002 RETAININGi~A~iii~ROJECT MOTION bY Brown, seconded by Osmek to bid dat~,~the 2002 Retaining Wall Project to September 4, 200 I voted in fav~:.~fMotion carried. 6. COMMENTS AND SUGGESTIONS ITEM NOT ON THE AGENDA Diane and Wayne Arndt, 4828 expressing concern over a ne~¢ informed the Council that th( Smith indicated that the s The Council gave the ordinance after staff PRESENT ON ANY .app~Bched the Council ~i' privacy fence. They ~5% of their lake view. Sarah compliance with present city code. !ning Commission review the fence lake cities' regulations. Bruce McKeem appreciate in neig regarding the any of the city's compliance with to Lane, stated how much he and his neighbors ram. He asked if it is allowable to put signs information to the neighborhood John Dean stated that this doesn't violate ls and McKeeman will contact Sarah Smith regarding ordinance. 7. PUBLIC HEARING Mound Public Safety Facility- 2415 Wilshire BIvd, Conditional Use Permit and Variances. Sarah Smith walked through the highlights and gave the background of the conditional use permit and variance applications. Mayor Meisel opened the public hearing at 7:58 p.m. and asked for public comment. No comment Was offered and the public hearing was closed at 7:59 p.m. 2 -3714- Mound City Council Minutes - July 23, 2002 MOTION by Brown, seconded by Osmek to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 02.75: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AND VARIANCES FOR THE CITY OF MOUND TO ALLOW CONSTRUCTION OF A NEW PUBLIC SAFETY BUILDING WITHIN THE R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT AT 2415 WILSHIRE BOULEVARD. LOTS 9-13, BLOCK 3, SHIRLEY HLLS UNIT D. PID #24-117-24-21-0034. P & Z CASE #02-24/02-25. 8. REPORT ON PUBLIC SAFETY BUILDING PROJE~T~:iBY AMCON AND M---~'s Britz, of SEN reviewed the site plan changes~i~h ~'~iii~i~uncil and informed them that the square footage has been reduced?:i~6'm 36,00~¥~ii~3,000, and pointed out some of the features on the add ~t~::~nate~drawinc~'~iii?~i~?~ii!',i~,:. Todd Christopherson of Amcon reviewed report for the project. There was discussion about the ~g the contingency of $500,000 that the HRA had indicatei re only upon their approval. This contingency is now st~::d as a line item. City Attorney Dean when discussing the 17. EXECUTIVE SON, would now be addressed, as indicated OF LITIGATION BY JOHN M. THE DREAMWOOD ADDITION~ The Council :~¢!~:t into itiv~ii~;~ession, exercising the client/attorney privilege, at 8:35 p.m.':'~8~,.returned regular session at 9:20 p.m. City Attorney Jo~ii~iea.~i~iii~iiii~Ported that the Council met with the defense attorney appointed by the Le~"~:~"of Minnesota Cities, and direction was give by Council to notify the other potential parties that the City would consent to other parties intervening in the lawsuit. The defense attorney was also directed to file an answer and defend the complaint, seeking to protect all of the public interests and claims of the City in the Commons. As far as specific details, the answer will be filed late this week and will be made available for public inspection as to the contents of the answer. 9. PLANNING COMMISSION RECOMMENDATION Case No. 02-11: John & Kathy Aquilina, 3030 Island View Drive, for a variance. Mayor Meisel noted that a letter was received today from the Aquilinas, officially withdrawing their request for a variance since the revised deck and stair remodeling complies with City Code. 3 -3715- Mound City Council Minutes - July 23, 2002 MOTION by Hanus, seconded by Meisel to accept the applicants' letter of withdrawal for the variance. Brown expressed concern that if accept the letter it may be saying that they agree that it already conforms to code. Hanus and Meisel withdrew the above motion. MOTION by Hanus, seconded by Brown to accept the applicants' request to withdraw their variance request. All voted in favor. Motion carried. A. Board of Appeals - Review & Action Approvin.q Proposed Modifications Made to Structure: Loren Gordon reviewed the history of this case and stated that staff has met with applicant and come to an acceptable m( and zoning requirements. Karl Yaeger, offered dispute with the way the staff reference to the setbacks. Discussion with the staff's interpretation. to meet the building hbor Greg Fall, City Code with Council agreed MOTION by Hanus, seconded by as amended. The following voted in Osmek. The following voted inst: IV the following resolution Hanus, Meisel and Motion carried. RESOLUTION NO. 02-76: Ri THE STAFF OF ZONING ORDINANCE N 350.440, SUBD. 3 (a) AND (F) Meisel asked this permit fee. collectio~ comp' ~e and legal, can be added to that the fee schedule allows eed permit fees. Sarah Smith was directed to case and submit to the Council for their Mayor Meisel p.m. Ds at 10:26 p.m, and reconvened the meeting at 10:37 10. DIRECTION/ACTION REGARDING 2002 STORM SEWER IMPROVEMENT BIDS City Engineer John Cameron presented the bids received for the 2002 Storm Sewer Improvement Project. It is recommended that Section 7 - Dakota Rail be pulled from the project until determination is made as to the future of the line. MOTION by Brown, seconded by Hanus to award the 2002 Storm Sewer Improvement Project contract to Dave Perkins Contracting of Andover, in the amount of $299,049. This amount is not including Section 7 - Dakota Rail. All voted in favor. Motion carried. 4 -3716- Mound City Council Minutes - July 23, 2002 11. DIRECTION/ACTION REGARDING WELL PROJECT John Cameron reviewed the proposed location for the new municipal well to replace Well No. 1 and Well No. 6. Staff's number one choice for a site has been adjacent to the existing elevated storage tank located in Sorbo Park on Evergreen Road. Discussion followed regarding alternatives to this location. MOTION by Brown, seconded by Hanus to authorize contacting the owner of Lot 11 in the presented plan, to determine his willingness to sell, and to authorize up to $2000 for an appraisal of the lot if the seller is agreeable. All voted in favor. Motion carried. 12. ACTION ON BALBOA OPTION ~.~iiiii':iiiiiiii? John D-"D'~'~-~re~w~t~rchase on Lots 2~., Kohlers Addition, from Balboa Center Limited Partnership. He recom~i~n~ili?~pproval of the extension of the option to September 30, 2002, ~i~h inclL~:~i~S~,payment of $8,500 for the extension. HE also recommend~:"that the Co'~il. authorize and direct STS to proceed with the necessary work a no association determination and/or off-site so~,~d:~'i:mination from MPCA. MOTION by Brown, seconded by payment of $8,500, plus pay for Letter from the MPCA with antici an Off-site Determination from $7,000 to $12,000 wil All voted in favor. m purchase option and ~Association Determination -$10,000, and also obtain with anticipated cost in the range tin~,.~.with their environmental assessment. 13. PRELIMIN~!!iDE~E'~MENT AGREEMENT WITH MOUND HARBOR Chuck Alconi:~ii~esented a :=: elim'i' ary schedule of all phases of the redevelopme~:{!iiiii!;iii~h n De~i~?reviewed the d raft of the subject ag reement, with discussion on pr~sed:~Jsions. MOTION by Brown, s'~onded by Osmek to approve the Preliminary Development Agreement with Mound Harbor Renaissance, LLC, as amended. All voted in favor. Motion carried. 14. RESETTING REGULAR MEETING DUE TO ELECTION DAY MOTION by Hanus, seconded by Brown to rescheduie the regular meeting from September 10, to September 9, 2002, at 7:30 p.m. This is due to the primary election. All voted in favor. Motion carried. 5 -3717- Mound City Council Minutes - July 23, 2002 15. FISHERS OF MEN FISHING TOURNAMENT Nacole Schutz appeared before the Council to ask them to waive the $300/day feel for their previously approved public gathering permit for the Fishers of IMen Tournaments to be held August 3 and August 17. It was the consensus of the Council not to waive these fees. 16. ACTION ON RENAMING MOUND LIQUOR STORE Joel Krumm, Liquor Store Manager, appeared before the Council with two suggestions for the name of the new liquor store. They are By the Bay Wines and Sprits and Harbor Wines and Spirits. MOTION by Osmek, seconded by Brown to rename theii~i~=~und Liquor Store, Harbor Wines and Spirits. All voted in favor. Moti0.~!!!!!~:~i~d. 17, EXECUTIVE SESSION - MOVED TO BE~EN ITEIV 9, Mayor Meisel left the meeting at 12:34 a.m?~d A~i~i~' Mayor Hanus presided over the balance of the meeting ..... 17A. SHO RE LIN E SURVEY Hanus received the information funding of the shoreline survey. It was to be paid with reimbursement in 2002 or 2003 from the Planning ~reline not part of the dock program. '18. INFORMATION A. LMCC calend~ B. Met Counci C. Report: Ppolil - June 2002 D. Hennepin':~.nty ........ Forum - July 30, 2002 E. Report: Fina~!~==:=~,::Depa~ent- June 2002 F. Report: Post O~,::,~:,i!i!iii? .... G. Report: Redevel~i~ent Project Team 19. ADJOURN MOTION by Brown, seconded by Osmek to adjourn at 12:35 a.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 6 -3718- AUGUST 13~ 2002 CITY COUNCIL MEETING 072602SUE $1,593.42 073002SUE $10.00 080502SUE $640.05 081002SUE $2,851.20 080202SUE $500.00 081302SU E $314,003.84 TOTAL $319,598.51 -3719- CITY OF MOUND Payments 07/31/02 12:00 PM Page 1 Current Period: July 2002 Batch Name 072602SUE User Dollar Amt $1,593.42 Payments Computer Dollar Amt $1,593.42 $0.00 In Balance Refer 72602 BITTLE, ROBERT J. 7/26/2002 REFUND COMMERCIAL DOCK FEE $250.00 Cash Payment Invoice 072602 Transaction Date R 281-34725 Dock Permits 7/26/2002 Marquette Bank Mou Refer 72602 HARRELL, LEONARD Cash Payment G 101-21715 Flex Plan Medical Invoice 072602 Transaction Date 7/31/2002 10100 Total $250.00 7/26/2002 REIMBURSE MEDICAL EXPENSE $187.34 Marquette Bank Mou 10100 Total $187.34 Refer 72602 lOS CAPITAL 7/26/2002 Cash Payment E 222-42260-202 Duplicating and copying 07-09-02 THRU 10-08-02 MAINTENANCE Invoice 55750680 Cash Payment E 222-42260-202 Duplicating and copying 07-09-02 THRU 10-08-02 MAINTENANCE Invoice 55750680 Transaction Date 7/31/2002 Marquette Bank Mou 10100 $104.74 $104.74 Total $209.48 Refer 72602 KESTNER, AL 7/26/2002~ Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE Invoice 072602 Transaction Date 7/30/2002 Marquette Bank Mou 10100 $356.02 Total $356.02 Refer 72602 NELSON, JO¥CE Cash Payment G 101-21715 Flex Plan Medical invoice 072602 Transaction Date 7/29/2002 7/26/2002 REIMBURSE MEDICAL EXPENSE Marquette Bank Mou 10100 $280.58 Total $280.58 Refer 72602 SANDOM, ROBERT Cash Payment R 281-34725 Dock Permits invoice 072602 Transaction Date 7/26/2002 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 7/26/2002 REFUND COMMERCIAL DOCK FEE Marquette Bank Mou 10100 Total 10100 Marquette Bank Mound $823.94 $209.48 $560.00 $1,593.42 $310.00 $310.00 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $1,593.42 $1,593.42 -3720- CITY OF MOUND Payments 07~30~02 1:07 PM Page 1 Current Period: July 2002 Batch Name 073002SUE User Dollar Amt $10.00 Payments Computer Dollar Amt $10.00 Refer 73002 MINNEHAHA CREEK WATERSHED Cash Payment Invoice 073002 Transaction Date E 401-46580-300 Professional Srvs 7/30/2002 $0.00 7/30/2OO2 BID-DOCUMENTS In Balance $10.00 Marquette Bank Mou 10100 Total $10.00 Fund Summary 10100 Marquette Bank Mound 401 GENERAL CAPITAL PROJECTS $10.00 $10.00 Pre-Written Check $0.00 Checks to be Generated by the Compute $10.00 Total $10.00 -3721 - CITY OF MOUND Payments 08/05/02 2:54 PM Page 1 Current Period: August 2002 Batch Name 080502SUE User Dollar Amt $640.05 Payments Computer Dollar Amt $640.05 Refer 80502 Cash Payment Invoice 00033403 Transaction Date 8/5/2002 Marquette Bank Mou 10100 Refer 80502 MANAGEMENT MN CITY/CTY ASS 8/4/2002 Cash Payment E 101-41310-431 Meeting Expense 08-15-02 BOAT CRUISE Invoice 080502 Transaction Date 8/5/2002 Marquette Bank Mou 10100 $0.00 In Balance HENNEPIN TECHNICAL COLLEGE 8/5/2002 E 222-42260-434 Conference & Training TUITION HENKELS, STEVEN $610.05 Total $610.05 $30.00 Total $30.00 Fund Summaw 101 GENERAL FUND 222 AREA FIRE SERVICES 10100 MarqueEe Bank Mound $30.OO $610.05 $64O.O5 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $640.05 $640.05 -3722- CITY OF MOUND Payments 08/01/02 9;54 AM Page 1 Current Period: August 2002 Batch Name 0001025UE User Dollar ^mt $2,851.20 Payments Computer Dollar Amt $2,851.20 Refer 80102 BUREAU OF CRIMINAL APPREHE $0.00 In Balance 8/1/2002 Cash Payment E 101-45200-300 Professional Srvs BACKGROUND CHECK WIDMER, DENICE $3.75 Invoice 080102 Cash Payment E 101-43100-300 Professional Srvs BACKGROUND CHECK WIDMER, DENICE $3.75 Invoice 080102 Cash Payment E 601-49400-300 Professional Srvs BACKGROUND CHECK WIDMER, DENICE $3.75 Invoice 080102 Cash Payment E 602-49450-300 Professional Srvs BACKGROUND CHECK WIDMER, DENICE $3.75 Invoice 080102 Transaction Date 8/1/2002 Marquette Bank Mou 10100 Total $15.00 Refer 80102 MINNESOTA, STATE TREASURER 8/1/2002 Cash Payment G 101-20800 Due to Other Governments 2ND QTR BLDG/GEN PERMITS Invoice 073102 Transaction Date 8/1/2002 Marquette Bank Mou 10100 Total Fund Summary 10100 Marquette Bank Mound 101 GENERAL FUND $2,843.70 601 WATER FUND $3.75 602 SEWER FUND $3.75 $2,836.20 $2,836.20 $2,851.20 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $2,851.20 $2,851.20 -3723- CITY OF MOUND Payments 08/07/02 1:22 PM Page 1 Current Period: August 2002 Batch Name 080702SUE User Dollar Amt Payments Computer Dollar Amt Refer 80702 SELLS, MARY ANN Cash Payment E 401-43100-300 Professional Srvs Invoice 080702 Transaction Date 8/7/2002 $500.00 $500.00 $0.00 In Balance 8/7~002 TEMPORARY EASEMENT Marquette Bank Mou 10100 $500.00 Total $500.00 Fund Summary 10100 Marquette Bank Mound 401 GENERAL CAPITAL PROJECTS $500.00 $500.00 Pre-Written Check $0.00 Checks to be Generated by the Compute $500.00 Total $500.00 -3724- CITY OF MOUND Payments 08/08/02 10:28 AM Page Batch Name 081302SUE User Dollar Amt $314,003.84 Payments Computer Dollar Amt $314,003.84 Refer 81302 ABM EQUIPMENTAND SUPPLY, IN Cash Payment E 602-49450-221 Equipment Parts Invoice 066884-01 Cash Payment E 602-49450-221 Equipment Parts Invoice 066884-00 Transaction Date 8/6/2002 8/13/2002 BALL VALVE $0.00 In Balance BALL VALVE Marquette Bank Mou 10100 $232.67 $158.08 Total $390.75 Refer 81302 AMCON 8/13/2002 Cash Payment E 401-46580-300 Professional Srvs 07-02 CONTRACT FEE Invoice 2429 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Refer 81302 ANTHONYS FLORAL 8/13/2002 Cash Payment E 101-41110-430 Miscellaneous MEYER, JEAN FUNERAL Invoice 17549 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $35.00 ~efer ~1~0~ ARcTiC G~ciE~ PREMIUM iCE 8;13/2002 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $66,60 Invoice MB221707 Payment E 609-49750-255 Misc Merchandise For R ICE $144.88 Invoice MB221509 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $167.40 Invoice MB221415 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $147.00 Invoice MB221012 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $169.20 Invoice MB220809 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $127.80 Invoice MB220714 Cash Payment E 609-49750-255 Mist Merchandise For R ICE $40.80 Invoice MB220312 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $181.80 Invoice DX220108 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $178.20 Invoice MB220014 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $1,223.68 $10,180.00 Total $10,180.00 $35.00 Refer 81302 ASPEN EMBROIDER Y AND DESIG 8/13/2002 Cash Payment E 101-43100-218 Clothing and Uniforms EMBROIDER CITY LOGO $33.00 Invoice 071502 Cash Payment E 601-49400-218 Clothing and Uniforms EMBROIDER CITY LOGO $33.00 Invoice 071502 Cash Payment E 602-49450-218 Clothing and Uniforms EMBROIDER CITY LOGO $33.00 Invoice 071502 Date 8/6/2002 Marquette Bank Mou 10100 Total $99.00 Refer 81302 AT&T 8/13/2002 -3725- CITY OF MOUND Payments 08/08/02 10:28 AM Page 2 Current Period: August 2002 Cash Payment E 101-41310-321 Telephone & Cells 07-02 CELL PHONE SERVICE $35.54 Invoice 072602 Transaction Date 8/1/2002 Marquette Bank Mou 10100 Total $35.54 Refer 81302 ATHENA CARPET CLEANING 8/13/2002 Cash Payment E 101-41910-400 Repairs & Maint Contract CARPET LOBBY AREA $862.65 Invoice 2331 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $862.65 Refer 81302 BELLBOY CORPORATION 8/13/2002 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $165.40 Invoice 35859200 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLAENOUS $354.76 Invoice 35859100 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,762.54 Invoice 24306800 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,163.15 Invoice 24260200 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,062.20 Invoice 24213400 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $11,508.05 Refer 81302 BERGERSON - CASWELL, INCORP 8/13/2002 Cash Payment E 101-41910-401 Repairs/Maint Buildings SRC CONTROLLER $189.95 Invoice 071802 Cash Payment E 101-43100-223 Building Repair Supplies IRRIGATION SYSTEM $56.67 Invoice 000087440000 Cash Payment E 601-49400-223 Building Repair Supplies IRRIGATION SYSTEM $56.67 Invoice 000087440000 Cash Payment E 602-49450-223 Building Repair Supplies IRRIGATION SYSTEM $56.66 Invoice 000087440000 Cash Payment E 101-43100-223 Building Repair Supplies RAIN SWITCH $69.57 invoice 000088490000 Cash Payment E 601-49400-223 Building Repair Supplies RAIN SWITCH $69.57 Invoice 000088490000 Cash Payment E 602-49450-223 Building Repair Supplies RAIN SWITCH $69.56 Invoice 000088490000 Cash Payment E 101-45200-223 Building Repair Supplies RAIN SWITCH $226.70 Invoice 000088490000 Transaction Date 7/29~2002 Marquette Bank Mou 10100 Total $795.35 Refer 81302 BERRY COFFEE COMPANY 8/13/2002 Cash Payment E 101-41110-431 Meeting Expense COFFEE $17.00 Invoice 299688 Cash Payment E 101-42110-431 Meeting Expense COFFEE $8.50 Invoice 299688 Cash Payment E 101-42400-431 Meeting Expense COFFEE $8.50 Invoice 299688 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $34.00 Refer 81302 BFI OF MINNESOTA, INC. 8/13/2002 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 07-02 #1307131 GARBAGE PICKUP Invoice 1307131-07002-0 $31.66 -3726- CITY OF MOUND Payments 08~08/02 10:28 AM Page 3 Current Period: August 2002 Cash Payment E 601-49400-384 Refuse/Garbage Dispos Invoice 1307131-07002-0 Cash Payment E 602-49450-384 Refuse/Garbage Dispos Invoice 1307131-07002-0 Cash Payment E 222-42260-384 Refuse/Garbage Dispos Invoice 1307032-07002-0 Cash Payment E 101-45200-384 Refuse/Garbage Dispos Invoice 1307149-07002-0 Cash Payment E 609-49750-384 Refuse/Garbage Dispos Invoice 8003980-07002-0 Cash Payment E 101-43100-384 Refuse/Garbage Dispos Invoice 8003972-07002-0 Transaction Date 8/6/2002 07-02 31307131 GARBAGE PICKUP 07-02 31307131 GARBAGE PICKUP 07-02 31307032 GARBAGE PICKUP 07-02 31307149 GARBAGE PICKUP 07-02 38803980 GARBAGE PICKUP 07-02 38003972 CANS ALONG STREET Marquette Bank Mou 10100 $31.66 $31.67 $67.01 $184.10 $17.76 $20.39 Total $384.25 Refer 81302 BLACKOWIAK AND SON ROLLOFF 8/13/2002 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 06-02 ROLL-OFF Invoice 10136209 Cash Payment E 601-49400-384 Refuse/Garbage Dispos 06-02 ROLL-OFF Invoice 10136209 Cash Payment E 602-49450-384 Refuse/Garbage Dispos 06-02 ROLL-OFF Invoice 10136209 Transaction Date 8/1/2002 Marquette Bank Mou 10100 $138.21 $138.21 $138.21 Total $414.63 Refer 81302 BLACKOWIAK AND SON SANITA TI 8/13/2002 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 06-02 GARBAGE PICKUP 3CHP00153 $20.39 Invoice 10136741 Cash Payment E 602-49450-384 Refuse/Garbage Dispos 06-02 GARBAGE PICKUP 3CMR0120 $31.67 Invoice 10136741 Cash Payment E 601-49400-384 Refuse/Garbage Dispos 06-02 GARBAGE PICKUP 3CMR0120 $31.66 Invoice 10136741 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 06-02 GARBAGE PICKUP 3CM40120 $31.66 Invoice 10136741 Cash Payment E 609-49750-384 Refuse/Garbage Dispos 06-02 GARBAGE PICKUP 3CHP0085 $17.76 Invoice 10136508 Cash Payment E 222-42260-384 Refuse/Garbage Dispos 06-02 GARBAGE PICKUP 3CM40121 $67.01 Invoice 10136572 Cash Payment E 101-45200-384 Refuse/Garbage Dispos 06-02 GARBAGE PICKUP 3CM40308 $184.10 Invoice 10136622 Transaction Date 8/1/2002 Marquette Bank Mou 10100 ..................... Total $384.25 REfer 81302 BRANDNETWORKi~G ' ~i1~/2°0~ Cash Payment E 101-42110-400 Repairs & Maint Contract COMPUTER REPAIR $966,89 Invoice 15449 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $966.89 Cash Payment E 101-42110-300 Professional Srvs RETAINER POLICE CHIEF $4,833.00 Invoice 120 Transaction Date 81512002 Marquette Bank Mou 10100 Total $4,833.00 81302 BROWN, JIM CULTURED SOD FAR 8/13/2002 Cash Payment E 101-43100-220 RepaidMaint Supply SOD $35,94 invoice 7790 -3727- CITY OF MOUND Payments 08/08/02 10:28 AM Page 4 Current Period: August 2002 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $35.94 Refer 81302 BRYAN ROCK PRODUCTS 8/13/2002 Cash Payment E 601-49400-224 Street Maint Materials 3/4 MINUS (CL 2) Invoice 071502 Cash Payment E 101-43100-224 Street Maint Materials ROCK PRODUCTS invoice 073102 Transaction Date 7/29/2002 Marquette Bank Mou $1,073.20 $363.37 10100 Total $1,436.57 Refer 81302 CARDIAC SCIENCE 8/13/2002 Cash Payment G 101-22801 Deposits/Escrow DEFIBRILLATOR TRAINER $316.31 invoice 060997 Transaction Date 7/31/2002 Marquette Bank Mou 10100 Total $316.31 Refer 81302 CHIEFS OF POLICE INTERNA TION 8/13/2002 Cash Payment E 101-42110-433 Dues and Subscriptions MEMBERSHIP/CONFERENCE $50.00 Invoice 081302 PO 17428 Cash Payment E 101-42110-434 Conference & Training MEMBERSHIP/CONFERENCE $225.00 Invoice 081302 PO 17428 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $275.00 Refer 81302 CHIEFS POLICE ASSOC MINNESO 8/13/2002 Cash Payment E 101-41310-431 Meeting Expense REGISTRATION $50.00 Invoice 081302 Transaction Date 8/5/2002 Marquette Bank Mou 10100 Total $50.00 Refer 81302 COCA COLA BOTTLING-MIDWEST 8/13/2002 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 61332181 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 61329302 Transaction Date 8/7/2002 Marquette Bank Mou $117.00 $188.94 10100 Total $305.94 Refer 81302 CONCEPTLANDSC, APING 8/13/2002 Cash Payment E 401-43100-500 Capital Outlay (GENERA INSTALL RETAINING WALL Invoice 1576 PO 1 Transaction Date 8/1/2002 Marquette Bank Mou 10100 Refer 81302 CONSTRUCTION BULLETIN 8/13/2002 Cash Payment E 675-49425-300 Professional Srvs 07-05-02 STORM SEWER IMP invoice 2105851 Cash Payment invoice 2094205 Cash Payment Invoice 2099080 Transaction Date E 675-49425-300 Professional Srvs E 675-49425-300 Professional Srvs 7/30/2002 06-21-02 STORM SEWER ILMP 06-28-02 STORM SEWER IMP Marquette Bank Mou 10100 $11,832.00 Total $11,832.00 $119.37 $119.37 $119.37 Total $358.11 Refer 81302 COPY IMAGES, INCORPORATED 8/13/2002 Cash Payment E 101-41910-400 Repairs & Maint Contract 04-02 BALANCE DUE Invoice 22858-B Cash Payment E 101-41910-400 Repairs & Maint Contract 07-02 COPIER MAINTENANCE Invoice 25857 Transaction Date 8/1/2002 Marquette Bank Mou 10100 $20.80 $346.8O Total $367.60 Refer 81302 CRETE WORKS, INCORPORATED 8/13/2002. -3728- CITY OF MOUND Payments 08/08/02 10:28 AM Page 5 Current Period: August 2002 Cash Payment E 601-49400-440 Other Contractual Servic SIDEWALK/APRON REPAIR $1,900.00 Invoice 072202 Cash Payment E 101-43100-440 Other Contractual Servic SIDEWALK/APRON REPAIR $3,525.00 Invoice 072202 Cash Payment E 602-49450-440 Other Contractual Servic SIDEWALK/APRON REPAIR $350.00 Invoice 072202 Cash Payment E 101-41910-440 Other Contractual Servic SIDEWALK/APRON REPAIR $350.00 Invoice 072202 Transaction Date 7/30/2002 Marquette Bank Mou 10100 Total $6,125.00 Refer 81302 DA Y DISTRIBUTING COMPANY 8/13/2002 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $52.20 invoice 186980 Cash Payment $1,520.80 Invoice 186969 Cash Payment $16.90 Invoice 186056 Cash Payment $2,151.38 Invoice 186049 Cash Payment $53.70 Invoice 185185 Cash Payment $897.75 Invoice 185177 Cash Payment $41.40 Invoice 184383 Cash Payment $70.60 Invoice 180246 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $4,804.73 Refer 81302 DOSSETT, SINDI 8/13/2002 Cash Payment E 101-49840-300 Professional Srvs 07-23-02 VIDEO MEETING $20.00 Invoice 072302 Transaction Date 8/5/2002 Marquette Bank Mou 10100 Total $20.00 E 609-49750-252 Beer For Resale BEER E 609-49750-254 Soft Drinks/Mix For Resa MIX E 609-49750-252 Beer For Resale BEER E 609-49750-254 Soft Drinks/Mix For Resa MIX E 609-49750-252 Beer For Resale BEER E 609-49750-252 Beer For Resale BEER E 609-49750-254 Soft Drinks/Mix For Resa MIX Refer 81302 E-Z RECYCLING 8/13/2002 Cash Payment E 670-49500-440 Other Contractual Servic 07-02 CURBSIDE RECYCLING Invoice 4006 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Refer 81302 EAST SIDE BEVERAGE 8/13/2002 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 278851 Cash Payment Invoice 278850 Cash Payment Invoice 277103 Cash Payment Invoice 275696 Cash Payment Invoice 274042 Cash Payment invoice 272705 E 609-49750-252 Beer For Resale BEER E 609-49750-252 Beer For Resale BEER E 609-49750-252 Beer For Resale BEER E 609-49750-252 Beer For Resale BEER E 609-49750-252 Beer For Resale BEER $7,700.00 Total $7,700.00 $42.30 $2,981.15 $309.00 $3,622.85 $58.00 $42.30 -3729- CITY OF MOUND Payments 08/08/02 10:28 AM Page 6 Current Period: August 2002 Cash Payment E 609-49750-252 Beer For Resale BEER $6,432.46 Invoice 272704 Cash Payment E 609-49750-252 Beer For Resale BEER $292.00 Invoice 271005 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $13,780.05 Refer 81302 EHLERS AND ASSOCIATES, INC. 8/13/2002 Cash Payment E 455-46380-300 Professional Srvs 06-30-02 PROJECT ANALYSIS $1,575.00 Invoice 19655 Cash Payment E 455-46380-300 Professional Srvs 06-30-02 POST OFFICE PROJECT $112.50 Invoice 19656 Cash Payment E 401-46580-300 Professional Srvs 06-30-02 FIRE STATION $1,275.00 Invoice 19657 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $2,962.50 Refer 81302 EQUIPMENT SUPPL Y, INCORPOR 8/13/2002 Cash Payment G 101-22801 Deposits/Escrow STRAIGHTEN FINS $1,000.00 Invoice P3595 Transaction Date 8/5/2002 Marquette Bank Mou 10100 Total $1,000.00 Refer 81302 ESS BROTHERS AND SONS, INCO 8/13/2002 Cash Payment E 602-49450-220 Repair/Maint Supply ALUMINUM GRATE $97.98 Invoice EE3179 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $97.98 Refer 81302 EXTREME BEVERAGE 8/13/2002 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $32.00 Invoice 68149 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $32.00 Invoice 67398 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $64.00 Refer 81302 FIRE CONTROL EXTINGUISHER 8/13/2002 Cash Payment E 101-43100-230 Shop Materials INSPECT FIRE EXTINGUISHERS $101.73 Invoice 75070 Cash Payment E 601-49400-230 Shop Materials INSPECT FIRE EXTINGUISHERS $101.73 Invoice 75070 Cash Payment E 602-49450-230 Shop Materials INSPECT FIRE EXTINGUISHERS $101.72 Invoice 75070 Transaction Date 7/18/2002 Marquette Bank Mou 10100 Total $305.18 Refer 18302 FIREDEPTASSOCOFMINNESOT 8/13/2002 Cash Payment E 222-42260-433 Dues and Subscriptions 2002/2003 MEMBERSHIP DUES Invoice 071802 Transaction Date 7/29/2002 Marquette Bank Mou 10100 $250.00 Total $250.00 Rear 81302 Cash Payment Invoice 273067 Cash Payment Invoice 273067 Cash Payment Invoice 273067 E 101-43100-218 Clothing and Uniforms E 601-49400-218 Clothing and Uniforms E 602-49450-218 Clothing and Uniforms G & K SERVICES 8/13/2002 07-16-02 UNIFORMS 07-16-02 UNIFORMS 07-16-02 UNIFORMS $30.42 $30,42 $30.41 -3730- CITY OF MOUND Payments 08/08/02 10:28 AM Page 7 Current Period: August 2002 Cash Payment E 101-43100-230 Shop Materials 07-16-02 MATS $26.24 Invoice 273067 Cash Payment E 601-49400-230 Shop Materials 07-16-02 MATS $26.24 Invoice 273067 Cash Payment E 602-49450-230 Shop Materials 07-16-02 MATS $26.24 Invoice 273067 Cash Payment E 222-42260-216 Cleaning Supplies 07-23-02 MATS $44.09 Invoice 280036 Cash Payment E 101-45200-223 Building Repair Supplies 07-23-02 MATS $52.82 Invoice 280034 Cash Payment E 101-41910-460 Janitorial Services 07-23-02 MATS $104.70 Invoice 280035 Cash Payment E 609-49750-460 Janitorial Services 07-23-02 MATS $21.29 Invoice 280037 Cash Payment E 101-43100-218 Clothing and Uniforms 07-23-02 UNIFORMS $34.56 Invoice 280033 Cash Payment E 601-49400-218 Clothing and Uniforms 07-23-02 UNIFORMS $34.56 Invoice 280033 Cash Payment E 602-49450-218 Clothing and Uniforms 07-23-02 UNIFORMS $34.57 Invoice 280033 Cash Payment E 101-43100-230 Shop Materials 07-23-02 MATS $16.98 Invoice 280033 Cash Payment E 601-49400-230 Shop Materials 07-23-02 MATS $16.98 Invoice 280033 Cash Payment E 602-49450-230 Shop Materials 07-23-02 MATS $16.98 Invoice 280033 Cash Payment E 222-42260-216 Cleaning Supplies 08-06-02 MATS $42.29 Invoice 293896 Cash Payment E 101-41910-460 Janitorial Services 08-06-02 MATS $83.96 Invoice 293895 Cash Payment E 101-43100-218 Clothing and Uniforms 07-30-02 UNIFORMS $91,02 Invoice 286976 Cash Payment E 601-49400-218 Clothing and Uniforms 07-30-02 UNIFORMS $91.02 Invoice 286976 Cash Payment E 602-49450-218 Clothing and Uniforms 07-30-02 UNIFORMS $91.03 Invoice 286976 Cash Payment E 101-43100-230 Shop Materials 07-30-02 MATS $12.9§ Invoice 286976 Cash Payment E 601-49400-230 Shop Materials 07-30-02 MATS $12.95 Invoice 286976 Cash Payment E 602-49450-230 Shop Materials 07-30-03 MATS $12.95 Invoice 286976 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $985.67 Refer 81302 GLENWOOD INGLEWOOD 8/13/2002 Cash Payment E 101-41110-210 Operating Supplies 07-02 WATER #5158500 $46,80 Invoice 073102 Cash Payment E 101-42110-430 Miscellaneous 07-02 WATER #5158500 $46.80 Invoice 073102 Cash Payment E 101-41910-210 Operating Supplies 07-02 WATER #5158501 $104.60 Invoice 073102 -3731 - CITY OF MOUND Payments 08/08/02 10:28 AM Page 8 Current Period: August 2002 Cash Payment E 101-43100-210 Operating Supplies 07-02 WATER #5158502 $21.00 Invoice 073102 Cash Payment E 601-49400-210 Operating Supplies 07-02 WATER #5158502 $21,00 invoice 073102 Cash Payment E 602-49450-210 Operating Supplies 07-02 WATER #5158502 $21.00 invoice 073102 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $261.40 Refer 81302 GRIGGS COOPER AND COMPANY 8/13/2002 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,873.18 Invoice 578312 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $722.50 Invoice 578231 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $742.78 Invoice 577537 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $408.87 Invoice 574356 Cash Payment E 609-49750-253 Wine For Resale WINE $709.10 Invoice 574223 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $141,80 Invoice 571471 Cash Payment E 609-49750-253 Wine For Resale WINE $616.87 Invoice 571470 Cash Payment E 609-49750-253 Wine For Resale WINE $0.00 Invoice 571168 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $7,215.10 Refer 81302 HECKSEL MACHINE SHOP 8/13/2002 Cash Payment E 602-49450-224 Street Maint Materials REPAIR HOSE $29.04 Invoice 41514 Cash Payment E 602-49450-224 Street Maint Materials REPAIR HOSE $29.04 Invoice 41471 Cash Payment E 602-49450-224 Street Maint Materials REPAIR HOSE $43.23 Invoice 41573 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $101.31 Refer 81302 HENNEPIN COUNTY SHERIFF'S A 8/13/2002 Cash Payment E 101-41600-450 Board of Prisoners 06-02 BOOKING FEE $212.56 Invoice 072202 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $212.56 Refer 81302 HENNEPIN COUNTY TREASUR (R 8/13/2002 Cash Payment E 101-41600-450 Board of Prisoners 06-02 ROOM AND BOARD $2,060.00 Invoice 083002 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $2,060.00 Refer 81302 HENNEPIN COUNTY TREASURER 8/13/2002 Cash Payment E 101-45200-300 Professional Srvs MINNEHAHA MAILING LIST $145.00 invoice 081302 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $145.00 Refer 81302 IKON OFFICE MACHINES 8/13/2002 -3732- CITY OF MOUND Payments 08108/02 10:28 AM Page 9 Current Period: August 2002 Cash Payment E 101-43100-202 Duplicating and copying 07-12-02THRU 10-12-02 MAINTENANCE $33.10 Invoice 23305664 Cash Payment E 601-49400-202 Duplicating and copying 07-12-02 THRU 10-12-02 MAINTENANCE $33.10 Invoice 23305664 Cash Payment E 602-49450-202 Duplicating and copying 07-12-02 THRU 10-12-02 MAINTENANCE $33,10 Invoice 23305664 Cash Payment E 101-42110-202 Duplicating and copying 07-24-02 THRU 08-24-02 MAINTENANCE $125.17 Invoice 23320541 Transaction Date 7/18/2002 Marquette Bank Mou 10100 Total $224,47 Refer 81302 INFRATECH ...... ~ ~0~0~ Cash Payment E 602-49450-440 Other Contractual Servic ClPP REPAIRS $5,438.00 Invoice 021177S Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $5,438.00 Refer 81302 INVENSYS METERING SYSTEMS 8/13/2002 Cash Payment E 601-49400-440 Other Contractual Servic METER REPAIRS $199.81 Invoice ZZ30005199 Transaction Date 7/30/2002 Bank Mou 10100 Total ~1~9 81Marquette Refer 81302 ISLAND PARK SKELLY Cash Payment E 222-42260-409 Other Equipment Repair BATTERY $466.48 Invoice 10885 ICash Payment E 222-42260.409 Other Equipment Repair CONDENSER $466.48 Invoice 10873 Cash Payment E 101-42110-404 Repairs/Maint Machinery CHANGE OIL $25.86 Invoice 10872 Cash Payment E 101-42110-404 Repairs/Maint Machinery MOUNTAND BALANCE TIRES $51.86 Invoice 10969 Cash Payment E 101-42110-404 Repairs/Maint Machinery CHANGE OIL $25.86 Invoice 10973 Transaction Date 8/5/2002 Marquette Bank Mou 10100 Total $1,036.54 Refer 81302 JERRY'S TRANSMISSION SERVIC 8/13/2002 Cash Payment E 222-42260-409 Other Equipment Repair REPAIR PUMPER 1986 $13,570.19 Invoice 17352 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $13,570.19 Refer 81302 JOHNSON BROTHERS LIQUOR 8/13/2002 Cash Payment E 609.49750-253 Wine For Resale WINE Invoice 1437675 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1437674 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 1437673 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1437672 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1434620 Payment E 609-49750-253 Wine For Resale WINE 1434619 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 1434618 $83.00 $1,896.75 $2,633.25 $215.00 $426.25 $332.40 $1,405.16 -3733- CITY OF MOUND Payments 08/08/02 10:28 AM Page 10 Current Period: August 2002 Cash Payment WINE $2,188.65 Invoice 1431621 Cash Payment WINE $903.10 Invoice 1431620 Cash Payment WINE $94.90 Invoice 1431619 Cash Payment LIQUOR $1,353.75 Invoice 1431618 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $11,532.21 Refer 81302 JUBILEE FOODS 8/13/2002 E 609-49750-253 Wine For Resale E 609-49750-253 Wine For Resale E 609-49750-253 Wine For Resale E 609-49750-251 Liquor For Resale Cash Payment E 101-41110-331 Use of personal auto COUNCIL COOKIES $35.53 Invoice 060102 Cash Payment E 101-41310-430 Miscellaneous WIEINERWEDNESDAY $190.32 Invoice 073102 Cash Payment E 101-41310-430 Miscellaneous WEINER WEDNESDAY $10.44 Invoice 073102 Cash Payment E 101-41110-331 Use of personal auto COUNCIL COOKIES $40.79 Invoice 073102 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $277.08 Refer 81302 KENNEDY AND GRAVEN 8/13/2002 Cash Payment E 101-41110-300 Professional Srvs 06-02 HRA AND MISCELLANEOUS BILLABLE $440.00 Invoice 52704-A Cash Payment E 455-46380-300 Professional Srvs 06-02 REDEVELOPMENT PROJECT AREA #1 $803.00 Invoice 52704-B 1 Cash Payment G 101-22908 Landform Development 06-02 LANDFORM DEVELOPMENT $192.50 Invoice 52704-B2 Cash Payment E 455-46379-300 Professional Srvs 06-02 POST OFFICE RELOCATION $1,177.65 Invoice 52704-C Cash Payment G 101-22855 MetroPlains Develop 00-64 06-02 METRO PLAINS DEVELOPMENT $55.00 Invoice 52704-D Cash Payment G 101-22908 Landform Development 06-02 LANDFORM DEVELOPMENT $77.00 Invoice 52704-E Cash Payment G 101-22857 Three Points, Becker Propert 06-02 BECKER PERMIT REQUEST $72.00 Invoice 52706-A Cash Payment E 101-41600-300 Professional Srvs 06-02 PRIVATELY DEDICATED COMMONS $276.00 Invoice 52706-B Cash Payment E 455-46377-300 Professional Srvs 06-02 CTY RD 15 REALIGNMENT $921.67 Invoice 52706-Cl Cash Payment E 602-49450-300 Professional Srvs 06-02 LIFT STATION $36.00 Invoice 52706-C2 Cash Payment E 455-46380-300 Professional Srvs 06-02 XCEL PROJECT $96.00 Invoice 52706-C3 Cash Payment E 101-43100-300 Professional Srvs 06-02 R/W ORDINANCE $732.00 Invoice 52706-D Cash Payment G 609-16200 Fixed Asset-Buildings 06-02 LIQUOR STORE $830.80 Invoice 52706-E Cash Payment E 101-41600-300 Professional Srvs 06-02 EXECUTIVE $1,506.00 Invoice 52706-F -3734- CITY OF MOUND Payments 08/08/02 10:28 AM Page 11 Current Period: August 2002 Cash Payment E 401-46580-300 Professional Srvs Invoice 52706-G1 Cash Payment E 101-42400-300 Professional Srvs Invoice 52706-G2 Cash Payment E 222-42260-300 Professional Srvs Invoice 52706-G3 Cash Payment E 101-41310-300 Professional Srvs Invoice 52706-G4 Cash Payment E 101-43100-300 Professional Srvs Invoice 52706-H1 Cash Payment E 601-49400-300 Professional Srvs Invoice 52706-H2 Cash Payment E 602-49450-300 Professional Srvs invoice 52706-H3 Cash Payment Invoice 52706-11 Cash Payment E 101-42400-300 Professional Srvs Invoice 52706-12 Cash Payment E 101-42400-300 Professional Srvs Invoice 52706-13 Cash Payment E 101-45200-300 Professional Srvs Invoice 52706-J Payment E 101-41110-300 Professional Srvs Invoice 51540-A Cash Payment E 455-46380-300 Professional Srvs Invoice 51540-B Cash Payment E 455-46380-300 Professional Srvs Invoice 51540-C Cash Payment G 101-22855 MetroPlains Develop 00-64 Invoice 51540-D Cash Payment E 101-41600-300 Professional Srvs Invoice 51540-E Cash Payment Invoice 51541-A Cash Payment Invoice 51541-B Cash Payment Invoice 51541-C Cash Payment Invoice 51541-D Cash Payment Invoice 51541-E Cash Payment Invoice 51541-F Cash Payment Invoice 51541-G Cash Payment Invoice 51541-H yment invoice 51541-J 06-02 PUBLIC SAFETY BUILDING 06-02 PLANNING MISCELLAENOUS 06-02 FIRE MISCELLANEOUS 06-02 ADMINISTRATIVE 06-02 STREETS MISCELLANEOUS 06-02 WATER MISCELLANEOUS 06-02 SEWER MISCELALNEOUS $371.40 G 101-22857 Three Points, Becket Proper[ 06-02 BECKER REQUEST E 101-41600-300 Professional Srvs E 455-46377-300 Professional Srvs E 101-43100-300 Professional Srvs G 609-16200 Fixed Asset-Buildings E 101-41600-300 Professional Srvs E 101-45200-300 Professional Srvs E 101-41600-300 Professional Srvs E 101-41600-300 Professional Srvs E 101-42110-300 Professional Srvs 06-02 ACQUILIANA ISSUES 06-02 P/Z MISCELLAENOUS 06-02 PARK AND RECREATION 03-03 HRA MISCELLAENOUS BILLABLE 03-02 REDEV PROJECT AREA #1 03-02 POST OFFICE RELOCATION 03-02 METRO PLAINS DEVELOPMENT 03-02 MUELLER LANSING DEVELOPMENT 03-02 PRIVATE DEDICATED COMMONS 03-02 CTY RD 15 REALIGHMENT 03-02 R/W ORDINANCE 03-02 NEW LIQUOR STORE 03-02 ACT Il LOAN DEFAULT 03-02 ZERO GRAVITY SKATE PARK 03-02 EXECUTIVE 03-02 ADMINISTRATIVE 03-02 PUBLIC SAFETY MISC SERVICES $209.40 $2,210.40 $293.41 $12.00 $12.00 $12.00 $48.00 $192.00 $278.00 $60.00 $1,491.90 $1,292.50 $62.70 $1,192.95 $192.50 $66.00 $2,354.95 $72.00 $288.00 $1,210.18 $636.00 $792.00 $535.00 $30.00 -3735- CITY OF MOUND Payments 08/08/02 10:28 AM Page 12 Current Period: August 2002 Cash Payment E 101-43100-300 Professional Srvs $55.28 Invoice 51541-K1 Cash Payment E 601-49400-300 Professional Srvs $55.28 Invoice 51541-K2 Cash Payment E 602-49450-300 Professional Srvs $55.27 Invoice 51541-K3 Cash Payment E 101-42400-300 Professional Srvs $1,650.00 Invoice 51541-L1 Cash Payment G 101-22855 MetroPlains Develop 00-64 $312.00 Invoice 51541-L2 Cash Payment E 101-45200-300 Professional Srvs $474.00 Invoice 51541-M Cash Payment E 354-43140-300 Professional Srvs $28.75 Invoice 52704 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $23,761.49 Refer 81302 KIVISTO, SCOTT 8/13/2002 Cash Payment E 602-49450-218 Clothing and Uniforms 2002 BOOT ALLOWANCE $150.00 Invoice 072202 Transaction Date 7/3012002 Marquette Bank Mou 10100 Total $150.00 03-02 STREETS MISC SERVICE 03-02 WATER MISC SERVICES 03-02 SEWER MISC SERVICES 03-02 P/Z MISC SERVICES 03-02 METRO PLAINS DEVELOPMENT 03-02 PARKS MISC SERVICES 06-02 DEFICIENCY AGREEMENT Refer 81302 KOENIGAND SCHWERT 8/13/2002 Cash Payment E 101-43100-440 Other Contractual Servic CBD LEASE $574.50 invoice 081302 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $574.50 Refer 81302 KUSTOM SIGNALS 8/13/2002 Cash Payment E 101-42110-409 Other Equipment Repair VHS REPAIR $81.50 Invoice 129824 Transaction Date 8/2/2002 Marquette Bank Mou 10100 Total $81.50 Refer 81302 LAKE MANAGEMENT, INC. 8/13/2002 Cash Payment E 101-45200-400 Repairs & Maint Contract LAKE SPRAYING CONTRACT Invoice 02184 Transaction Date 7/29~2002 Marquette Bank Mou 10100 $3,488.00 Total $3,488.00 Refer 81302 LAKE MINNETONKA COMM. COM Cash Payment Invoice 073002 Transaction Date E 101-49840-300 Professional Srvs 8/6/2002 8/13/2002 01-02 THRU 06-02 PUBLIC ACCESS FEE Marquette Bank Mou 10100 $22,500.51 Total $22,500.51 Refer 81302 LAKE RESTORATION, INC. 8/13/2002 Cash Payment E 675-49425-440 Other Contractual Servic 6126 EVERGREEN ROAD Invoice 23563 Transaction Date 8/6/2002 Marquette Bank Mou 10100 $403.50 Total $403.50 Refer Cash Payment Invoice 259 Cash Payment Invoice 261 Cash Payment invoice 265 81302 LAKER NEWSPAPER 8/13/2002 E 455-46380-300 Professional Srvs 07-02-02 TIF DISTRICTS E 101-42400-351 Legal Notices Publishing 07-20-02 ORDINANCE #11-2002 G 101-22857 Three Points, Becker Propert 07-20-02 BECKER REZONING APP #02-26 $49.75 $87.00 $39.00 -3736- CITY OF MOUND Payments 08/08/02 10:28 AM Page 13 Cash Payment E 896-46300-430 Miscellaneous BUSINESS SUBSIDY AGREEMETN $41.79 Invoice 286 Transaction Date 8/8/2002 Marquette Bank Mou 10100 Total $217.54 Refer 81302 I_ARSON PRINTING AND GRAPHIC 8/13/2002 Cash Payment E 222-42260-350 Printing FORMS $90.62 Invoice 13085 Cash Payment E 101-43100-440 Other Contractual Servic CBD PARKING $292.50 Invoice 081302 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $383.12 Refer 81302 LAUER, ROBERTDR. 8/13/2002 Cash Payment E 101-43100-440 Other Contractual Servic CBD LEASE $752.94 Invoice 081302 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $752.94 Refer 81302 LAWSON PRODUCTS, INC 8/13/2002. Cash Payment E 101-43100-230 Shop Materials BULB $22.01 Invoice 9507478 Cash Payment E 601-49400-230 Shop Materials BULB $22.01 Invoice 9507478 Cash Payment E 602~49450-230 Shop Materials BULB $22.02 Invoice 9507478 Date 8/6/2002 Marquette Bank Mou 10100 Total $66.04 Refer 81302 LEAGUE OF MINNESOTA CIITES 8/13/2002 Cash Payment E 10%41310-431 Meeting Expense CANCELLATION FEE $75.00 Invoice 1-00010805 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $75.00 Refer 81302 LOCATORS AND SUPPLIES, INC 8/13/2002 Cash Payment E 602-49450-220 Repair/Maint Supply RAIN GEAR $143.79 Invoice 0108758 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $143.79 Refer 81302 LOWELL'S AUTOMOTIVE 8/13/2002 Cash Payment E 602-49450-220 Repair/Maint Supply HOSE $16.88 Invoice 5-346274 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $16.88 Refer 81302 MARLIN'S TRUCKING DELIVERY 8/13/2002 Cash Payment E 609-49750-265 Freight 07-08-02 DELIVERY CHARGE $40.00 Invoice 50 Cash Payment E 609-49750-265 Freight 07-11-02 DELIVERY CHARGE $170,80 Invoice 11266 Cash Payment E 609-49750-265 Freight 07-15-02 DELIVERY CHARGE $16.80 Invoice 11277 Cash Payment E 609-49750-265 Freight 07-18-02 DELIVERY CHARGE $181,30 Invoice 11297 Cash Payment E 609-49750-265 Freight 07-22-02 DELIVERY CHARGE $32.80 Invoice 11308 Payment E 609-49750-265 Freight 07-25-02 DELIVERY CHARGE $155.00 Invoice 11328 -3737- CITY OF MOUND Payments 08/08/02 10:28 AM Page 14 Current Period: August 2002 Cash Payment E 609-49750-265 Freight 07-29-03 DELIVERY CHARGE $26.40 Invoice 11336 Cash Payment E 609-49750-265 Freight CREDIT-DELIVERY CHARGE -$120.80 Invoice 073102 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $502.30 Refer 81302 MCCOMBSFRANKROOSASSOCI Cash Payment E 675-49425-300 Professional Srvs Invoice 40291 Cash Payment E 401-43100-300 Professional Srvs Invoice 40292-A Cash Payment E 601-49400-300 Professional Srvs Invoice 40292-B Cash Payment Invoice 40293 Cash Payment Invoice 40294 Cash Payment Invoice 40295 Cash Payment Invoice 40296 Cash Payment Invoice 40297-A Cash Payment Invoice 40297-B Cash Payment Invoice 40291 Cash Payment Invoice 40299 Cash Payment Invoice 40291 Cash Payment Invoice 40301 Cash Payment Invoice 40302 Cash Payment Invoice 40303 Cash Payment Invoice 40304 Cash Payment Invoice 40305 Cash Payment Invoice 40306 Cash Payment Invoice 40307 Cash Payment Invoice 40308 Cash Payment Invoice 40309 Cash Payment Invoice 40310 E 601-49400-300 Professional Srvs E 101-42400-300 Professional Srvs E 101-42400-300 Professional Srvs E 101-43100-300 Professional Srvs E 601-49400-300 Professional Srvs E 602-49450-300 Professional Srvs E 402-43120-300 Professional Srvs E 675-49425-300 Professional Srvs 8/13/2002 06-02 BEACHWOOD POND Project 07544 06-02 WESTEDGE MISC ENGINEERING Project 07827 06-02 WESTEDGE MISC ENGINEERING Project 07827 06-02 WESTEDGE WATERMAIN EXTENSION Project 07953 06-02 BLDG MlSC ENGINEERING Project 08901 06-02 P/Z MISC ENGINEERING Project 08902 06-02 STREETS MISC ENGINEERING Project 08903 06-02 WATER MISC ENGINEERING Project 08904 06-02 SEWER MISC ENGINEERING Project 08904 06-02 AUDITORS RD 145-108-02 Project 09968 06-02 SURFACE WATER MANAGEMENT Project 10293 G 101-22857 Three Points, Becker Propert 06-02 BECKER GRADING PERMIT Project 12162 G 101-22855 MetroPiains Develop 00-64 06-02 METRO PLAINS DEVELOPMENT E 455-46377-300 Professional Srvs E 455-46380-300 Professional Srvs G 101-22854 Langdon Bay Major Sub-Divi E 455-46379-300 Professional Srvs G 101-22869 Landgon Woods, 00-35 E 101-42400-300 Professional Srvs E 602-49450-300 Professional Srvs E 401-43100-300 Professional Srvs E 455-46380-300 Professional Srvs Project 12252 06-02 CTY RD 15 RELOCATION Project 12533 06-02 DOWNTOWN TIF DISTRICT Project 12534 06-02 LANGDON BAY DEVELOPMENT Project 12754 06-02 POST OFFICE MISC ENGINEERING Project 12879 06-02 LANGDON WOODS DEVELOPMENT Project 12911 06-02 POND ARENA PARKING Project 13127 06-02 MCES LIFT STATION Project 13132 06-02 WESTEDGE EXTENSION SOUTH Project 13142 06-02 XCEL SUB-STATION Project 13190 $49.50 $380.25 $380.25 $879.3O $1,287.00 $495.0O $99.OO $49.50 $49.50 $424.00 $451.33 $327.90 $49.5O $594.00 $182.50 $99.OO $297.0O $148.50 $49.5O $495.00 $99.O0 $247.50 -3738- CITY OF MOUND Payments 08/08/02 10:28 AM Page Current Period: August 2002 Cash Payment E 101-42400-300 Professional Srvs 06-02 ECKLUND SUB-DIV #01-05 $346.50 Invoice 40311 Project 13197 Cash Payment E 101-43100-300 Professional Srvs 06-02 RETAINING WALL REPLACE $1,177.50 Invoice 40312 Project 13215 Cash Payment E 281-45210-300 Professional Srvs 06-02 SHORELINE FOOTAGE $777.10 Invoice 40313 Project 13223 Cash Payment E 601-49400-300 Professional Srvs 06-02 WELL/PUMPHOUSE $297.00 Invoice 40314 Project 13313 Cash Payment E 455-46380-300 Professional Srvs 06-02 LONGPRE BLDG DEMO $247.50 Invoice 40315 Project 13314 Cash Payment E 101-42400-300 Professional Srvs 06-02 1733 GULL LANE MODIFICATION $185.50 Invoice 40316 Project 13379 Cash Payment E 101-42400-300 Professional Srvs 06-02 2420 WESTEDGE GRADING PERMIT $307.40 Invoice 40317 Project 13462 Cash Payment E 101-42400-300 Professional Srvs 06-02 6384 WALNUT GRADING PERMIT $297.00 Invoice 40318 Project 13488 Cash Payment G 101-22890 2957 Cambridge Retain Wall 06-02 SKAALERUD LOST SURVEY $198.00 Invoice 40319 Project 13501 Cash Payment E 401-46540-300 Professional Srvs 06-02 LOST LAKE/AUDITORS GREENWAY $723.50 Invoice 40320 Project 13566 Cash Payment G 101-22855 MetroPlains Develop 00-64 06-02 ASSESSMENT PROJECT $1,852.20 Invoice 40321 Project 13646 Payment E 675-49425-300 Professional Srvs 06-02 STORM SEWER IMPROVEMENT $6,859.30 Invoice 40322 Project 13677 Cash Payment G 101-22896 Lake Mtka Trail Sub-div #02- 06-02 LAZNIARZ PROPERTY $99.00 Invoice 40323 Project 13724 Cash Payment E 401-46580-300 Professional Srvs 06-02 PUBLIC SAFETY BUILDING $2,019.00 Invoice 40324 Project 13747 Cash Payment G 101-22899 Pastuck Natural Homes #02- 06-02 PASTUCK SUB-DIVISION $49.50 Invoice 40325 Project 13770 Cash Payment E 101-42400-300 Professional Srvs 06-02 SPRUCE ROAD CODDON PROPERTY $217.50 Invoice 40326 Project 13827 Cash Payment E 101-42400-300 Professional Srvs 06-02 1599 BLUEBIRD VARIANCE $49.50 Invoice 40327 Project 13828 Cash Payment G 101~22908 Landform Development 06-02 LANDFORM DEVELOPMENT $297.00 Invoice 40328 Project 13832 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $23,134.03 Refer 81302 MDBAUTOBODY Cash Payment E 601-49400-221 Equipment Parts Invoice 071802 Transaction Date 7/18/2002 8/13/2002 REPLACE LIGHT DOORHANDLE $41.02 Marquette Bank Mou 10100 Total $41.02 Refer 81302 MEISEL, PAT 8/13/2002 Cash Payment E 101-43100-440 Other Contractual Servic CBD LEASE $1,375.38 Invoice 081302 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $1,375 38 ~e}~r~ ~81'~ ~'~Es- ~YDER, iN-CSRPS~ TED 8;13/2002 G 101-22801 Deposits/Escrow STREAMLIGHT SURVIVOR LIGHT $2,229.03 Invoice 075872 -3739- CITY OF MOUND Payments 08/08/02 10:28 AM Page 16 Current Period: August 2002 Cash Payment E 222-42260-210 Operating Supplies LION/CONWAY NFPA FLIP $89.51 Invoice 075207 Cash Payment E 222-42260-210 Operating Supplies APPLIED GRAP -$34.80 Invoice 075916 Cash Payment G 101-22801 Deposits/Escrow CHARGER $213.69 Invoice 073654 Cash Payment E 222-42260-409 Other Equipment Repair SHUTOFF SABER -$295.00 Invoice 065422 Transaction Date 8/1/2002 Marquette Bank Mou 10100 Total $2,202.43 Refer 81302 METRO WEST INSPECTIONS 8/13/2002 Cash Payment E 222-42260-101 F T Empl Regular 06-02 FIRE INSPECTIONS $682.50 Invoice 073102 Cash Payment E 101-42400-300 Professional Srvs 06-02 BUILDING INSPECTIONS $11,386.90 Invoice 073102 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $12,069.40 Refer 81302 METROPOLITAN AREA MANAGEM 8/13/2002. Cash Payment E 101-41310-431 Meeting Expense 07-18-02 LUNCHEON $16.00 Invoice 081302 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $16.00 Refer 81302 METROPOLITAN COUNCIL ENVIR 8/13/2002 Cash Payment G 602-21825 SAC Deposits 07-02 SAC CHARGES $3,564.00 Invoice 073102 Transaction Date 8/1/2002 Marquette Bank Mou 10100 Total $3,564.00 Refer 81302 MINNESOTA MUNICIPAL BEVERA 8/13/2002 Cash Payment E 609-49750-438 Licenses and Taxes 2002-2003 ANNUAL DUES $605.00 Invoice 073102 Transaction Date 7/30/2002 Marquette Bank Mou 10100 Total $605.00 Refer 81302 MINNESOTA VALLEY TESTING LA 8/13/2002 Cash Payment E 601-49400-470 Water Samples COLIFORM, MF - WATER $72.50 Invoice 128814 Transaction Date 7/29~2002 Marquette Bank Mou 10100 Total $72.50 Rear 81302 MINNETONKA REFRIGERATION 8/13/2002 Cash Payment E 101-43100-223 Building Repair Supplies FAN MOTOR $114.61 Invoice 072702 Cash Payment E 601-49400-223 Building Repair Supplies FAN MOTOR $114.61 Invoice 072702 Cash Payment E 602-49450-223 Building Repair Supplies FAN MOTOR $114.61 Invoice 072702 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $343.83 Refer 81302 MOUND FIRE DEPARTMENT 8/13/2002 Cash Payment E 222-42260-390 General Maint-Fire 07-02 MAINTENANCE $1,250.00 Invoice 073102 Cash Payment E 222-42260-180 Fire-Drill Pay 07-02 DRILLS $600.00 Invoice 073102 Cash Payment E 222-42260-190 Fire-Monthly Salaries 07-02 FIRE/RESCUE $6,907.50 Invoice 073102 -3740- CITY OF MOUND Payments 08/08/02 10;28 AM Page 17 Current Period: August 2002 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $8,757.50 Refer 81302 MOUND FIRE RELIEF ASSOCIA TIO 8/13/2002 Cash Payment E 895-49990-124 Fire Pens Contrib 08-02 FIRE RELIEF $9,088.33 Invoice 083102 Transaction Date 8/8/2002 Marquette Bank Mou 10100 Total $9,088.33 Refer 81302 MOUND, CITYOF 8/13/2002 Cash Payment E 609-49750-382 Water Utilities 06-02 WATER AND SEWER $24.19 Invoice 071602 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $24.19 Refer 81302 MUELLER, WILLIAM AND SONS 8/13/2002 Cash Payment E 427-43121-224 Street Maint Materials 07-26-02 BLACKTOP $157.82 Invoice 65862 Cash Payment E 427-43121-224 Street Maint Materials 07-29-02 BLACKTOP $136.48 Invoice 65993 Cash Payment E 427-43121-224 Street Maint Materials 07-30-02 BLACKTOP $86.89 Invoice 66107 Cash Payment E 427-43121-224 Street Maint Materials 07-31-02 BLACKTOP $51.32 Invoice 66227 Cash Payment E 427-43121-224 Street Maint Materials 07-11-02 BLACKTOP $70.11 Invoice 64518 ~Cash Payment E 427-43121-224 Street Maint Materials 07-12-02 BLACKTOP $70.46 Invoice 64748 Cash Payment E 427-43121-224 Street Maint Materials 07-16-02 BLACKTOP $140.21 Invoice 64887 Cash Payment E 427-43121-224 Street Maint Materials 07-17-02 BLACKTOP $697.48 Invoice 65007 Cash Payment E 427-43121-224 Street Maint Materials 07-19-02 BLACKTOP $104.65 Invoice 65235 Cash Payment E 427-43121-224 Street Maint Materials 07-23-02 BLACKTOP $102.98 Invoice 85486 Cash Payment E 427-43121-224 Street Maint Materials 07-25-02 BLACKTOP $104.31 Invoice 65749 Cash Payment E 427-43121-224 Street Maint Materials 07-08-02 BLACKTOP $343.06 Invoice 64176 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $2,065.77 Refer 81302 MUELLER/LANSING PROPERTIES 8/13/2002 Cash Payment E 101-43100-440 Other Contractual Servic CBD LEASE Invoice 081302 Transaction Date 8/6/2002 Marquette Bank Mou 10100 $3,686.40 Total $3,686.40 Refer 81302 NATIONAL GRAPHIC SUPPLY Cash Payment E 101-42110-210 Operating Supplies Invoice 123147 PO 17420 Transaction Date 7/29/2002 Refer 81302 NEXTEL COMMUNICATIONS (P/W) Payment E 10%43100-321 Telephone & Cells Invoice 071802 8/13/2002 FILM POLARIOD Marquette Bank Mou 10100 $362.63 Total $362.63 8/13/2002 06-19-02 THRU 07-18-02 #16 JOHNSON, TIM $38.17 -3741 - CITY OF MOUND Payments 08/08/02 10:28 AM Page 18 Current Period: August 2002 Cash Payment E 601-49400-321 Telephone & Cells 06-19-02 THRU 07-18-02 #17 POUNDER, $38.17 CHRIS Invoice 071802 Cash Payment E 602-49450-321 Telephone & Cells $38.17 06-19-02 THRU 07-18-02 #18 HARDINA, DAMON Invoice 071802 Cash Payment E 602-49450-321 Telephone & Cells 06-19-02 THRU 07-18-02 #19 KIVISTO, SCOTT $44.38 Invoice 071802 Cash Payment E 101-43100-321 Telephone & Cells 06-19-02 THRU 07-18-02 #20 GRADY, DAN $50.95 Invoice 071802 Cash Payment E 101-43100-321 Telephone & Ceils 06-19-02 THRU 07-18-02 #21 HEITZ, FRANK $38.17 Invoice 071802 Cash Payment E 101-43100-321 Telephone & Cells 06-19-02 THRU 07-18-02 #22 HEITZ, DON $38.17 Invoice 071802 Cash Payment E 601-49400-321 Telephone & Cells 06-19-02 THRU 07-18-02 #23 KESTNER, AL $38.17 Invoice 071802 Cash Payment E 101-43100-321 Telephone & Cells 612-221-6811 #07 SKINNER, GREG $48.84 Invoice 071802 Cash Payment E 601-49400-321 Telephone & Cells 612-221-6811 #07 SKINNER, GREG $48.84 Invoice 071802 Cash Payment E 602-49450-321 Telephone & Cells 612-221-6811 #07 SKINNER, GREG $48.85 Invoice 071802 Cash Payment E 101-45200-321 Telephone & Cells 612-221-6812 #15 FACKLER, JIM $83.72 Invoice 071802 Cash Payment E 281-45210-321 Telephone & Cells 612-221-6813 #16 HOFF, KATIE $45.83 Invoice 071802 Cash Payment E 101-41310-321 Telephone & Cells 612-221-6814 #03 RAHN, JODI $38.83 Invoice 071802 Cash Payment E 101-43100-321 Telephone & Cells 612-221-6822 #02 NELSON, JOYCE $13.07 Invoice 071802 Cash Payment E 601-49400-321 Telephone & Cells 612-221-6822 #02 NELSON, JOYCE $13.07 Invoice 071802 Cash Payment E 602-49450-321 Telephone & Cells 612-221-6822 #02 NELSON, JOYCE $13.07 Invoice 071802 Cash Payment E 101-45200-321 Telephone & Cells 612-221-8385 #13 SWARTZER, BRIAN $39.21 Invoice 071802 Cash Payment E 101-42400-321 Telephone & Cells 06-19-02 THRU 07-18-02 #14 GEISE, LEE $39.21 Invoice 071802 Cash Payment E 101-42400-321 Telephone & Cells 612-282-5889 #15 SUTHERLAND, JON $80.48 Invoice 071802 Cash Payment E 101-42400-321 Telephone & Cells 612-363-5883 NORLANDER, JILL $33.67 Invoice 071802 Cash Payment E 601-49400-321 Telephone & Cells 612-282-3599 ANDERSON, MIKE $39.21 Invoice 071802 Cash Payment E 101-45200-321 Telephone & Cells 612-221-6794 TAFTE, JOHN $20.71 Invoice 071802 Cash Payment E 101-45200-321 Telephone & Cells 612-221-6740 BERENT, BRIAN $22.44 Invoice 071802 Cash Payment E 101-43100-321 Telephone & Cells REDESIGN KIT $23.83 Invoice 071802 -3742- CITY OF MOUND Payments 08/08/02 10:28 AM Page 19 Current Period: August 2002 Cash Payment E 601-49400-321 Telephone & Cells REDESIGN KIT $23.83 Invoice 071802 Cash Payment E 602-49450-321 Telephone & Cells REDESIGN KIT $23.84 Invoice 071802 Transaction Date 7/30/2002 Marquette Bank Mou 10100 Total $1,024.90 Refer 81302 PAUSTIS AND SONS WINE COMPA 8/13/2002 Cash Payment E 609-49750-253 Wine For Resale WINE $182.50 Invoice 0195237-1N Cash Payment E 609-49750-253 Wine For Resale WINE $494.56 Invoice 0194050-1N Cash Payment E 609-49750-253 Wine For Resale CREDIT--W~NE -$5.83 Invoice 0190900-CM Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $671.23 Refer 81302 PEPSI-COLA COMPANY 8/13/2002 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $156.60 Invoice 34775119 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $156.60 Refer 81302 PHILLIPS WlNE AND SPIRITS, INC 8/13/2002 Cash Payment E 609-49750-253 Wine For Resale WINE $248.20 Invoice 858750 t Cash Payment E 609-49750-253 Wine For Resale WINE $793.55 Invoice 858749 Cash Payment E 609-49750-253 Wine For Resale WINE $82.00 Invoice 858748 Cash Payment E 609-49750-253 Wine For Resale WINE $2,753.15 Invoice 856542 Cash Payment E 609-49750-253 Wine For Resale WINE $988.15 Invoice 856541 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $4,865.05 Refe; 81302 PiNN~b~Di~TR;~-i~ ' ~/i 3/200~ Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $508.04 Invoice 65566 Cash Payment E 609-49750-255 Misc Merchandise For R CREDIT-CIGARETTES -$33.15 Invoice 65326 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $914.41 Invoice 65039 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Total $1,389.30 Refer 81302 PLUNKETT'S, INCORPORATED 8/13/2002 Cash Payment E 101-41910-440 Other Contractual Servic JUL AUG SEP 2002 $95.84 Invoice 546473 Transaction Date 8/1/2002 Bank Mou 10100 Total 84Marquette Cash Payment G 101-22801 Deposits/Escrow 2002 ANNUAL MEMBERSHIP $100.00 Invoice 5202 PO 17419 Date 8/6/2002 Marquette Bank Mou 10100 Total $100.00 Ref;; 81302 pR°TECTi~NONE ;;i3;~002 -3743- CITY OF MOUND Payments 08/08/02 10:28 AM Page 20 Current Period: August 2002 : Cash Payment E 101-41910-440 Other Contractual Servic 08-01-02 THRU 10-31-02 MONITORING $142.80 invoice 071502 Transaction Date 8/2/2002 Refer 81302 QUALITY WINE AND SPIRITS 8/13/2002 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 152631-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 151901-00 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 151897-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 149784-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 149431-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 149342-00 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 149332-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 147562-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 147541-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 147099-00 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 147098-00 Transaction Date Refer 81302 R.C. ELECTRIC, INCORPORATED 8/13/2002 Cash Payment E 101-41910-401 Repairs/Maint Buildings AMP BREAKER PANEL invoice 072202 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Marquette Bank Mou 10100 Total $142.80 $1,533.87 $3,695.22 $27.00 $87.02 $3,220.70 $1,389.82 $28.34 $240.45 $2,664.45 $2,227.32 $58.76 8/7/2002 Marquette Bank Mou 10100 Total $15,172.95 $1,175.00 Total $1,175.00 Refer 81302 RANDY'S SANITATATION 8/13/2002 Cash Payment E 101-41910-384 Refuse/Garbage Dispos 07-02 GARBAGE SERVICE $114.54 Invoice 1766 Transaction Date 7/29~2002 Marquette Bank Mou 10100 Total $114.54 Refer 81302 ROAD RUNNER TRANSPORTATIO 8/13/2002 Cash Payment G 675-16100 Fixed Asset-Land 07-24-02 DELIVERY $48.55 Invoice 799183 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $48.55 Refer 81302 ROTARYCLUB OFMOUND 8/13/2002 Cash Payment E 609-49750-340 Advertising ADVERTISTING GOLF OUTING $100.00 Invoice 080502 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $100.00 Refer 81302 ROTH, MARl 8/13/2002 Cash Payment R 601-37144 Sales of Meters & Reader REFUND METER $100.00 invoice 5444 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $100.00 -3744- G T¥ OF OUND P ¥ments Page 21 Current Period: August 2002 Refer 81302 SAFETY TODAY 8/1312002 Cash Payment E 222-42260-210 Operating Supplies ESTIMATE FEE $84.14 Invoice 1507350-00 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $84.14 Refer 81302 SERVICE MASTER CLEAN 8/13/2002 Cash Payment E 101-41910.460 Janitorial Services 08-02 CLEANING $1,096.95 Invoice 083102 Cash Payment E 101-43100-440 Other Contractual Servic 08-02 CLEANING $39.05 Invoice 083102 Cash Payment E 601-49400-440 Other Contractual Servic 08-02 CLEANING $39.05 Invoice 083102 Cash Payment E 602-49450-440 Other Contractual Servic 08-02 CLEANING $39.05 Invoice 083102 Transaction Date 8/8/2002 Marquette Bank Mou 10100 Total $1,214.10 Refer 81302 SHOREWOOD TREE SERVICE 8/13/2002 Cash Payment E 101-45200-533 Tree Removal 1801 RESTHAVEN TREE $1,597.50 Invoice 4119 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $1,597.50 Refer 81302 SOS PRINTING 8/13/2002 Cash Payment E 222-42260-350 Printing LE'I-i'ERHEAD $71.14 Invoice 63952 Cash Payment E 222-42260-210 Operating Supplies BUSINESS CARDS $41.00 Invoice 63967 Cash Payment E 609.49750-210 Operating Supplies KEG TICKETS $143.08 invoice 63952 Transaction Date 7/24/2002 Marquette Bank Mou 10100 Total $255.22 Refer 81302 STAR TRIBUNE NEWSPAPER 8/13/2002 Cash Payment E 101.42110-328 Employment Advertising CSO EE AD Invoice 784D02303616280 PO 17416 Cash Payment E 101-42400-351 Legal Notices Publishing CSO EE AD invoice 784D02303616280 PO 17416 Transaction Date 7/18/2002 Marquette Bank Mou 10100 Refer 81302 STAR-WESTCHEVROLET/OLDS 8/13/2002 Cash Payment E 101.42110.404 Repairs/Maint Machinery REPAIR AUTO Invoice 167351 Transaction Date 7/29/2002 Marquette Bank Mou 10100 $217.20 $217.20 Total $434.40 $367.03 Total $367.03 Refer 81302 STREICHER'S Cash Payment E 101-42115-210 Operating Supplies Invoice 297498.1 Cash Payment E 101-42115-210 Operating Supplies Invoice 308069.1 PO 17425 Cash Payment E 101-42115-210 Operating Supplies Invoice 308066.1 PO 17425 Sash Payment E 101.42115-210 Operating Supplies nvoice 287225.1 PO 17425 8/13/2002 RESERVES $91.43 BATTERIES, GUN CLEANER $78.33 TACTICAL LIGHT, ETC. $533.20 TACT LI G HT $1,149.88 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $1 852.84 -3745- CITY OF MOUND Payments 08/08/02 10:28 AM Page 22 Current Period: August 2002 Cash Payment E 455-46379-300 Professional Srvs THRU 07-06-02 ENGINEERING $118.75 Invoice 232245 Transaction Date 7/29/2002 Marquette Bank Mou 10100 Total $118,75 Refer 81302 SUTPHEN CORPORATION 8/13/2002 Cash Payment E 222-42260-409 Other Equipment Repair HAND CONTROLLER $490.90 Invoice 12113425 Transaction Date 7/31/2002 Marquette Bank Mou 10100 Total $490.90 Refer 81302 THORPE DISTRIBUTING COMPAN 8/13/2002 Cash Payment E 609-49750-252 Beer For Resale BEER $211.00 Invoice 080102 Cash Payment E 609-49750-252 Beer For Resale BEER $3,330.90 Invoice 269455 Cash Payment E 609-49750-252 Beer For Resale BEER $51.40 Invoice 269454 Cash Payment E 609-49750-252 Beer For Resale BEER $1,454.55 Invoice 268960 Cash Payment E 609-49750-252 Beer For Resale BEER $1,200.75 Invoice 268600 Cash Payment E 609-49750-252 Beer For Resale BEER $10,098.95 Invoice 268599 Cash Payment E 609-49750-252 Beer For Resale BEER $50.00 Invoice 268323 Cash Payment E 609-49750-252 Beer For Resale BEER $265.00 Invoice 267989 Cash Payment E 609-49750-252 Beer For Resale BEER $263.00 Invoice 229833 Cash Payment E 609-49750-252 Beer For Resale BEER $139.00 Invoice 228852 Cash Payment E 609-49750-252 Beer For Resale BEER $241.00 Invoice 228852 Cash Payment E 609-49750-252 Beer For Resale BEER $185.00 Invoice 228372 Transaction Date 8/7/2002 Marquette Bank Mou 10100 Refer 81302 THYSSEN-KRUPP ELEVATOR COR. 8/13/2002 Cash Payment E 101-41910-440 Other Contractual Servic 08-02 ELEVATOR SERVICE Invoice 387053 Transaction Date 8/5/2002 Marquette Bank Mou 10100 Total $17,490.55 $158.60 Total $158.60 Refer 81302 TWIN CITY FILTER SERVICE, INC. 8/13/2002 Cash Payment E 101-41910-220 Repair/Maint Supply FURNACE FILTERS $81.58 Invoice 266276 PO 17256 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $81.58 Refer 81302 TWIN CITY OFFICE SUPPLY 8/13/2002 Cash Payment E 101-41920-500 Capital Outlay (GENERA PRINTER BALANCE DUE $98.99 Invoice 344268-0A Cash Payment E 222-42260-200 Office Supplies DISK HOLDER $9.37 Invoice 349101-1 Cash Payment E 101-41310-200 Office Supplies INK JET CARTRIDGE $88.98 Invoice 351415-0 -3746- CITY OF MOUND Payments 08/08/02 10:28 AM Page 23 Current Period: August 2002 Cash Payment E 101-41310-200 Office Supplies CREDIT-DISK -$5.82 Invoice 344268-0A Cash Payment E 101--42110-210 Operating Supplies $90.t3 Invoice 352012-0 Cash Payment E 101-42110-200 Office Supplies $140.27 Invoice 352640-0 Cash Payment E 101-41310-200 Office Supplies $8.93 Invoice 352218-0 Cash Payment E 101-41500-200 Office Supplies $8.93 Invoice 352218-0 Cash Payment E 101-42110-200 Office Supplies $8.93 Invoice 352218-0 Cash Payment E 101-42400-200 Office Supplies $8,93 Invoice 352218-0 Cash Payment E 101-45200-200 Office Supplies $8.93 Invoice 352218-0 Cash Payment E 101-43100-200 Office Supplies $2.98 Invoice 352218-0 Cash Payment E 609-49750-200 Office Supplies $2.98 Invoice 352218-0 Cash Payment E 601-49400-200 Office Supplies $4.46 Invoice 352218-0 Payment E 602-49450-200 Office Supplies $4.46 Invoice 352218-0 Cash Payment E 281-45210-200 Office Supplies $62.44 Invoice 352218-0 Cash Payment E 222-42260-200 Office Supplies $231.97 Invoice 353164-0 Cash Payment E 101-42400-200 Office Supplies $21.15 Invoice 353120-0 Transaction Date 7/18/2002 Marquette Bank Mou 10100 Total $797.01 Cash Payment E 101-42115-218 Clothing and Uniforms UNIFORMS $380.35 Invoice 133125 Transaction Date 8/2/2002 Marquette Bank Mou 10100 Total $380.35 POST-IT,RECEIPT, ETC BATTERIES, INK JET, ETC 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 INK JET CARTRIDGE INK JET CARTRIDGE CALCULATOR, ETC Refer 81302 US BANK TRUST NATIONAL ASSO Cash Payment E 396-47000-620 Fiscal Agent's Fees Invoice 181808 Transaction Date 7/29/2002 8/13/2002 PUBLIC SAFETY BLDG BONDS $950.00 Marquette Bank Mou 10100 Total $950.00 Refer 81302 US FILTER Cash Payment E 601-49400-220 Repair/Maint Supply Invoice 8547284 Transaction Date 8/6/2002 8/13/2002 CLAMPS Marquette Bank Mou 10100 $866.99 Total $866.99 Refer 81302 VILLAGE CHEVROLET 8/1312002. Cash Payment E 101-42110-404 Repairs/Maint Machinery REPAIR SEDAN Invoice CVCS294533 Fransaction Date 7/29/2002 Marquette Bank Mou $14,99 10100 Total $14.99 Refer 81302 WIDMER, INCORPORATED 8/13/2002 -3747- CITY OF MOUND Payments 08/08/02 10:28 AM Page 24 Current Period: August 2002 Cash Payment E 601-49400-400 Repairs & Maint Contract WATERMAIN BREAK REPAIR $715.00 Invoice 5432 Cash Payment E 602-49450-400 Repairs & Maint Contract THREE PTS SEWER REPAIR $4,163.00 Invoice 5431 Cash Payment E 601-49400-400 Repairs & Maint Contract REPAIR WATERMAIN BREAKS $550.00 Invoice 5463 Cash Payment E 675-49425-440 Other Contractual Servic INSTALL MANHOLE WATERBURY $3,045.00 Invoice 5461 Transaction Date 7/18/2002 Marquette Bank Mou 10100 Total $8,473.00 Refer 81302 XCEL ENERGY 8/13/2002 Cash Payment E 101-43100-381 Electric Utilities 07-02 #0542-505-000-274 $5,056.57 Invoice 073102 Transaction Date 8/6/2002 Marquette Bank Mou 10100 Total $5,056.57 Refer 81302 ZEP MANUFACTURING COMPANY 8/13/2002 Cash Payment E 222-42260-216 Cleaning Supplies MISCELLANEOUS SUPPLIES $59.64 Invoice 57939711 Cash Payment E 101-43100-230 Shop Materials CENTERPULL WIPERS $28.04 Invoice 57964260 Cash Payment E 601-49400-230 Shop Materials CENTERPULL WIPERS $28.04 Invoice 57964260 Cash Payment E 602-49450-230 Shop Materials CENTERPULL WIPERS $28.03 Invoice 57964260 Transaction Date 8/2/2002 Marquette Bank Mou 10100 Total $143.75 -3748- CITY OF MOUND Payments 08108/02 10:28 AM Page 25 Current Period: August 2002 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 354 Commerce Place Tif 1-1 396 HRA LEASE REV BONDS 2002 401 GENERAL CAPITAL PROJECTS 402 MUNICIPAL ST AID ST CONSTUCT 427 SEAL COAT 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 896 HRA FUND 10100 Marque~e Bank Mound $99,897.57 $27,462.44 $885.37 $28.75 $950.00 $26,880.15 $424.00 $2,065.77 $10,132.97 $8,330.08 $16,168.73 $92,732.60 $7,700.00 $11,215.29 $9,088.33 $41.79 $314,003.84 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $314,003.84 $314,003.84 -3749- CITY OF MOUND RESOLUTION NO. 02-77 RESOLUTION APPOINTING ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTION SEPTEMBER 10, 2002 & NOVEMBER 5, 2002 BE IT HEREBY RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby approve the following list of election judges for the Primary Election September 10, 2002 and the General Election November 5, 2002: Adams, Eugene Antonsen, Julia Beniek, Christine Bjerke, Marsha Botko, Jill Brandenburg, Vernon Brandenburg, Louise Carlson, Chris Christensen, Donna Coleman, Chris Cowell, Heidi Cozine, P.D Dascher, Sharon Farley, Karole Garden, Jennifer Gleeson, Frank Glister, Becky Guttormson, Patty Hanley, Connie Hanley, Fred Hanley, Pat Hasse, Cklair Howard, Ken Ihli, James Johnson, Nathalie Jensen, Liz Jessen, Phyllis KOenig, Edythe Kohls, Patricia Malone, Ed Marshall, Paul McNelis, Norma Melsness, Larry Metz, Jeanette Metz, Theodore Mueller, Mike Murphy, Kathleen Naida, Frankie Norberg, Duane O'Brien, Dotty Pugh, Charles Randa, Mary Randall, Leland Rasmussen, Tom Richter, Ella Roehl, Joette Schreiber, Clara Schwalbe, Deloris Schwalbe, Vern Schwalbe, Sue Schwingler, Ann Senneka, Skip Skaret, Patti Smith, Gretchen Sundberg, Mary Taylor, Tom Tessman, David Todd, Mary Utterberg, Carol Utterberg, Dean Wimsatt. Peter Winkler, Monica Zuber, Angie Lou -3750- Resolution No. 02-77 The foregoing 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 13th day of August, 2002 Attest: Bonnie Ritter, City Clerk Acting Mayor Mark Hanus 2 -3751 - CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-168,7 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com TO: FROM: RE: DATE: Mayor and City Council Bonnie Ritter License Applications August 8, 2002 Our Lake of the Lake has submitted the following license applications for your approval: Temporary On-sale 3.2 Beer Permit- September 14 and 15, 2002 ($25/day paid) Public Dance Permit for September 14, 2002. (Requested $100 fee be waived) _printed on recycled paper 3752- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 TEMPORARY ON-SALE 3.2 BEER PERMIT Event: Incredible Festival Address of Event: 2385 Commerce Blvd. Mound, MN 55364 Organization: Our Lady of the Lake Church Chairman or Title: Rhonda M. Eurich, Administrator Address: 2385 Commerce Blvd. Address: 2385 Commerce Blvd. Mound, MN 55364 Mound, MN 55364 Phone No.: 952.472.1284 Home Phone: 952.472.1284 Work Phone: 952.472.1284 Section 810.10, Subd. 2. Liability Insurance. (a) Prior to the issuance of any Beer license, the applicant shall demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes Section 340A.801 to the City Clerk and to the Commissioner of Public Safety as a condition of the issuance or renewal of his license. Proof of financial responsibility shall be given by filing a certificate that there is in effect an insurance policy or pool providing the minimum coverage for dram shop liability as required by Minnesota Statutes, Section 340A.409, Subdivision 1. It is the intent of this section to require the minimum insurance coverage and amounts required by Minnesota law. Name of Insurance Co.: Catholic Mutual Relief Society Amount of Coverage: $500,000. Section 810:10. Subd. 1. Application Form. In the case of any application for a Temporary "On-Sale" license to allow sale and consumption of beer on public land or public school lands, the applicant shall, prior to issuance of such license, file the written consent of the owner of such lands to such use of its lands. 7-31-02 Date Date ~ ~'Applicant's Signature Approval - City Clerk Date Approval - Police Dept. -3753- t ; CITY OF MOUND 5341 MA~OOD RO~ MO~, M~NESOTA 55364 PUBLIC D~CE/L~ MUSIC PE~T APPLICATION EVENT: Incredible Festival LOCATION OF DANCE/LIVE MUSIC: Our Lady o[the Lake Church 2385 Comtnerce Blvd. Moun& MN 55364 TYPE OF DANCE/LIVE MUSIC: Variety TIME PERIOD OF DANCE/LIVE MUSIC: 7.'30 to 10 PM (HOURS PERMITTED: Mon-Sat: 8pm-12:30am- Sunday: 8pm- 1 l:30pm) CHAIRPERSON OR APPLICANT :Rhonda Eurich TITLE:Administrator of Our Lady o['the Lake Church ADDRESS :2385 Commerce Blvd. Moun& MN 55364 HOME PHONE #952.472.1284 WORK PHONE #:952.472.1284 7/30/02 Date -3754- CITY OF MOUND ORDINANCE NO. 15-2002 AN ORDINANCE AMENDING SECTION 250 OF THE CITY CODE AS IT RELATES TO THE POLICE DEPARTMENT AND SECTION 400 AS IT RELATES TO LICENSING The City of Mound does ordain: Section 1. Section 250.00 is hereby amended by adding the following subsection: 250.30 Criminal History Background. The Mound Police Department is authorized to do a criminal background investigation on applicants for positions with the City. This subsection applies only to applicants who are finalists for paid positions. Before the investigation is undertaken, the applicant must authorize the Police Department in writing to undertake the investigation and to release the information to the City Manager and other city staff as appropriate. Except in the case of exceptions set forth in Minnesota Statutes Section 364.09. should the City reject the applicant's request for employment due partially or solely to the applicant's prior conviction of a crime, the City Manager shall notify the applicant in writing of the following: A. The grounds and reasons for denial. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for employment. D. That all competent evidence of rehabilitation will be considered upon reapplication. Section 2. Section 400.01, Subd. 3 is hereby amended to read as follows: Subd. 3. Application for License or Permit/Issuance. = ........ u,,n,;,,,, ~,-,--,,~,~,n,-,~,,,~ k,, ,,,~,,,,,,,,,,+ +,-, thc r'l,~,L, ,-,~ +k .... o,,,;k,,,X ~,,, It .,~, ~ ..... +;'~°""'" tho require p~.,,~,,' -.~.~-~,,' ,,~ .... ~, ~,,~h~ ~,,.,,o~" ,~; ......~ +h~..,~ ,,~.'; ....... ,~ ~, permit, Eve~ applicant for a license shall submit an application to the Clerk on a form provided by the City. It shall bo accompaniod bg pa~mont of the proscdbod foo. Criminal History Back.qround: When applicable, the Mound Police Department is authorized to do a criminal backqround investiqation on applications for City licenses. Before the investiqation is undertaken, the applicant must authorize the Police Department in writinq to undertake the investigation and to release the information to the City Council, City Manager and other City staff as appropriate. 1 -3755- Ordinance No. 15-2002 Issuance. If, after investiqation, the Clerk is satisfied that all requirements of law and this Code have been met, the Clerk shall present the application to the Council for action, or, if the license or permit does not require Council approval, the Clerk shall issue the license or permit. Denial for Backqround: Except in the case of exceptions set forth in Minnesota Statutes Section 364.09, should the City deny the applicant's request for a license, due partially or solely to the applicant's prior conviction of a crime, the City Manager shall notify the applicant in writing of the following: a. The grounds and reason for denial. b. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. c. The earliest date the applicant may reapply for a license. d. That all competent evidence of rehabilitation will be considered upon reapplication. Passed by the City Council the day of Published in The Laker the day of Effectve the day of ,2002. ,2002. ,2002. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 -3756- Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: July 8, 2002 SUBJECT: Variance(s)Request OWNER/APPLICANT: Mike Gardner PLANNING CASE NUMBER: 02-19 LOCATION: 1599 Bluebird Lane PID: 13-117-24-12-0128 ZONING: Residential District R-IA COMPREHENSIVE PLAN: Residential SUMMARY At its July 15, 2002 and August 5, 2002 meetings, tire Planning Commission reviewed a variance(s) request fi'om Mike Gardner to allow construction of an attached garage to be constructed on the east side oftlne existing house located at 1599 Bluebird Lane. The garage will be constructed on an existing foundation that was constructed in 1997 following issuance of Building Permit # 12071. The requested variance(s) are outlined as follows: Required Existin~ Proposed Variance Side (north) 6.0 fl 4.6 fi 4.6 fi 1.4 fi Front (south) 10.0 ft 8.2 fl 8.2 ft 1.8 fi OVERVIEW OF PLANNING COMMISSION MEETING Details regarding the Planning Commission's review of tile application are included tile July 15,2002 and August 5, 2002 Planning Commission meeting minute excerpts which have been included as attachments. PLANNING COMMISSION RECOMMENDATION Based on its review, the Planning Commission unanimously voted to recommend approval of the variance request(s) for tire property located at 1599 Bluebird Lane subject to conditions..A, draft resolution based on the Planning Commission's recommendation has been included as an attachment. -3757- CITY OF MOUND RESOLUTION/4 02- RESOLUTION TO APPROVE A SIDE YARD SETBACK AND FRONT YARD SETBACK REDUCTIONS FOR AN ATTACHED GARAGE TO BE CONSTRUCTED AT 1599 BLUEBIRI) LANE P & Z CASE # 02-19 PID # 13-117-24-12-0128 WHEREAS, the applicant, N/like Gardner, has requested tile lbllowing variances to allow construction ora new single-family dwelling at t599 Bluebird Lane: Required Existing Proposed Va,'iance Side (north) 6.0 ft 4.6 ft 4.6 ft 1.4 fl Front (south) 10.0 ft 8.2 ft 8.2 f't 1.8 fl and; WHEREAS, the subject property is zoned R-IA and subject to a minimum fi'ont yard setback ot'(20) feet on the east side, a minimum fi'om yard setback often (10) feet on the south side, a mininauna side yard setback of six (6) feet on tile north side and a minimum lakeshore setback of'fifty (50). feet; and WHEREAS, tile subject property includes an existing single-Family house which fi'onts Bluebird Lane and Woodland Road and is non-conforming due to deficient setbacks on the north and south sides; and WHEREAS, the proposal, as submitted, does not increase tile non-con1`orrning conditions; and WHEREAS, the Planning Commission has reviewed the request and recommended approval of the variance as recommended by Staff subject to conditions. -3758- NO%~, Tlt'EREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: The City does hereby grant the variance(s) as requested with the following conditions: a. The applicant shall be responsible for payment of all involved fees associated with the variance request. b. In the event the structure is damaged more than (50) percent of its fair market value due to fire or other natural disaster, it shall be reconstructed according to the current requirements of the zoning ordinance. c. A drainage plan shall be submitted with the building permit application to ensure compliance with City Code Section 350:1225, Subd. 6 (B.) This variance(s) is approved for the following legally described property included on Exhibit A. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in tine afiqrmative: The following Councilmembers voted in the negative: Adopted on August 13, 2002 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -3759- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION JULY 15, 2002 CASE #02-19 Variance for Garage Addition Mike Gardner 1599 Bluebird Lane The applicant has submitted a variance request to allow construction of an attached garage to be constructed on the east side of the existing house. The garage will be constructed on an existing foundation that was constructed in 1997. The requested variances are outlined as follows: Proposed Required Existing Variance Side (north) 4.6 fi 6.0 fi 4.6 ft 1.4 fi Front (south) 8.2 ft 10.0 fi 8.2 fi 1.8 fi The subject property includes an existing 2 story single family home and tuck under garage that is located on the comer of Bluebird Lane and Woodland Road. The applicants are proposing to add a 27.2 foot x 32 foot garage on to the east side of the existing house. The existing house has a non-conforming side setback of 4.6 feet on the north side and a non-conforming setback of 8.2 feet on the south side. Members of the Planning Commission are advised that Resolution No. 87- 121 was adopted by the Mound City Council on June 23, 1987 to approve a variance to recognize the non-conforming setbacks for the original principal dwelling on the condition that the second story/garage addition would be constructed to meet the current setback requirements A building permit was issued on September 8, 1997 to allow installation of the footings and slab for the future garage and driveway. It is City staff's understanding that the building permit was issued because of the existing streamlining measures in place at the time which allowed administrative approval of the project because it met 75% of the existing setback requirements. As the Planning Commission is aware, City Code Section 350.420, Subd. (9) was amended in 2000 to allow conforming additions to non-conforming structures as long as the expansion, enlargement, meets the current zoning regulations and no other non-conformities are created. MOTION by Mueller, and seconded by Clapsaddle, to approve staff recommendation. Weiland feels the lot is overbuilt and that current standards should be adhered to. What was the plan for the road adjacent? Gardner - It was originally platted to connect to Wawonassa, which was never built as a road. It was never called a fire lane. Weiland doesn't like granting more of a variance than was originally granted. -3760- Planning Commission Minutes July 15, 2002 Smith said the 1987 variance recognized the setbacks of the existing structure and the new addition was to meet the current setbacks. The 1997 building permit allowed the placement of the pad because the measures in place at that time allowed administrative approval because it met 75% of the required setback. Burma questioned the accuracy o£the hardcover calculation. Michael said it appears that the survey and hardcover are inaccurate. Burma expressed concern about recommending approval for applications that are inaccurate and/or incomplete. Mueller withdrew the motion, Clapsaddle concurs. MOTION by Brown, seconded by Clapsaddle, to table action until an accurate survey comes back. MOTION carried unanimously -3761 - Excerpts from the MOUND ADVISORY PLANNING COMMISSION AUGUST 5, 2002 BOARD OF APPEALS CASE #02-19 Variance for Garage Addition Mike Gardner - 1599 Bluebird Lane At its July 15, 2002 meeting, the Planning Commission review the variances requested from Mike Gardner to allow construction of an attached garage to be constructed on the east side of the existing house. Required Existing Proposed Variance Side (north) 6.0 ft 4.6 ft 4.6 ft 1.4 fi Front (south) 10.0 fi 8.2 fi 8.2 fi 1.8 fi Planning Commission tabled the application to its August 5, 2002 meeting due to a question that was raised regarding the hardcover coverage calculation. An updated survey was submitted as well as an updated hardcover sheet. The proposal does not exceed the 40% hardcover allowance. Discussion Weiland asked for verification of the side lot line measurements (north and south). He would like to see the property owner build the garage only as wide as the standard setbacks will allow. Brown indicated that the rest of the house is already built with the requested setbacks. Burma would be against moving it in on each side. Aesthetically it would do an injustice to the style of the home. MOTION by Burma, seconded by Weiland, to recommend Council approval of the variance. MOTION carded unanimously. -3762- PLANNING REPORT ADDENDUM # 1 TO: Mound Council, Planning Commission and FROM: Sarah Smith, Community Development Director DATE: July 30, 2002 SUBJECT: Variance(s) Request OWNER/APPLICANT: Mike Gardner PLANNING CASE NUMBER: 02-19 LOCATION: 1599 Bluebird Lane PID: 13-117-24-12-0128 ZONING: Residential District R-IA COMPREHENSIVE PLAN: Residential BACKGROUND At its July 15, 2002 meeting, the Planning Commission reviewed the variance(s) request from Mike Gardner to allow construction of an attached garage to be constructed on the east side of the existing house located at 1599 131uebird Lane. The requestect variance(s) are outlined as follows: Required Existing l'ropose(I Variance Side (north) 6.0 fi 4.6 t't 4.6 fi 1.4 fi Front (south) 10.0 t"t 8.2 fi 8.2 f't 1.8 ft Subsequently, the Plarming Commission tabled tile applicatior~ to its August 5, 2002 meeting due to question which was raised regarding tile hardcover coverage calculation. NEW i.N FORMATION The applicant subrnittecl an updated .survey datecl July 23, 2002 as well as an updated hardc0ver calculation sheet. Members of the Planning Commission are advised that the proposal, as submitted, does not exceed the (40) percent hardcover allowance. -3763- The City Engineer has reviewed the application and provided comment that the drainage on the site is adequate. However, the applicant will be required to submit a drainage plan prior to the issuance of the building permit for review and approval by the Building Official and/or City Engineer. RECOMMENDATION Staff recommends the Planning Commission recommend Council approval of the 'variance as requested with the f611owing conditions: 1. The applicant shall be responsible for payment of all involved fees associated with the variance request. In the event the structure is damaged more than (50) percent of' its fair market value due to fire or other natural disaster, it shall be reconstructed according to the current requirements of the zoning ordinance. 3. A drainage plan shall be submitted with the building permit application to ensure compliance with City Code Section 350:1225 Subd. 6 (B). CITY COUNCIL REVIEW Tentatively, the variance application is scheduled to be forwarded to the City Council for review at its August ] 3, 2002 meeting in the event a recommendation from the Planning Commission is made at its August 5,2002 meeting.. ATTACHMENTS · Revised survey from Paul Schoberg dated July 23, 2002 · Revised hardcover calculation sheet dated July 27, 2002 -3764- Mound City Code 350.1225, guM. 6. A, 3. When development density, topographic feamrea, and soil and vegetation conditions are not mffieient to 'adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Specific Standards: Impervious surface coverage of lots in residential ZOnes shall not exceed 30 percent of the"lot area. On existing lots of record, impervious coverage may be permitted by a maximum of 40 percent providing that the .following techniques are utilized as applicable. Impervious areas should be drained to vegetated areas or grass filter strips through the use of crowns on driveways, direction of downspouts on gutters collecting water from roof areas, etc. Dividing or separating impervious areas into smaller areas through the use of grass or vegetated filter strips .such as the use of paving blocks separated by grass or sand allowing infiltration. Use grading and construction techniques which encourage rapid infiltration such as the installation of sand or gravel "sump" areas to collect and percolate stormwater. Install berms to temporarily detain stormwater thereby 'increasing soil absorption. (ORD. #69-1994, 8-29-94) 134 8129194 -3765- CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS 8URPACE COVERAGE) LOT AREA LOT AREA SQ. FT. X 30% = (for all lots) .................................. LOT AREA [/..~ ~ SQ. FT. X 40% = (for Lots of Record) SQ. FT. X i$% = (for detached buildings only) .................. ' Exi~Ung Lob ~ RS~rd may have 40 pement ~va~e p~ded ~at ~n~u~ mm uO~zed, ~ ~in~ in Zoning Offiinanoe Se~on 3~:1 ~5, Subd. 6:~.1 (see ba~), A plan muet be subbed ~nd ~p~e~,~e~t~g.~l ......... ~' . .... . ................ ,_ 'LENGTH WIDTH SQ ~ x = TOTAL HOUSE .................................................... X = X~ DETACHED BUILDINGS (GAP, AGE/SHED) TOTAL DETACHED BUILDINGS ............................... DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS open decks (I/4." min. Opening between boerde) with a per-Gus surface under am not oounted as h~loovmr. TOTAL DRIVEWAY, ETC ........................................ X = X ~ X = TOTAL DECK .................... ......... ; ..... X = X --=" TOTAl. OTHER .................................................... -3766- ~} o 534I Mayxvood Ro~M ~ound, MN 55364 (952) 472-3190 PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: July 8, 2002 SUBJECT: Variance(s) Request OWNER/APPLICANT: Mike Gardner PLANNING CASE NUMBER: 02-19 LOCATION: 1599 Bluebird Lane PID: 13-117-24-12-0128 ZONING: Residential District R-1A COMPREHENSIVE PLAN: Residential BACKGROUND The applicant has submitted a variance(s) request to allow construction of an attached garage to be constructed on the east side of the existing house located at 1599 Bluebird Lane. The garage will be constructed on an existing foundation that was constructed in 1997 following issuance of Building Permit # 12071. The requested variance(s) are outlined as follows: Required Existin~ Proposed Variance Side (north) 6.0 ft 4.6 Ct 4.6 ft 1.4 ft Front (south) 10.0 ft 8.2 ft 8.2 ft 1.8 ft EXISTING CONDITIONS The subject property includes an existing 2-story single-family home and tuck under garage that is located on the corner of Bluebird Lane and Woodland Road. The applicants are proposing to add a (27.2) foot x (32) foot garage on to the east side of the existing house. The existing house has a non-conforming side setback of (4.6) feet on the north side and a non-conforming setback of (8.2) feet on the south side. Members of the Planning Commission are advised that Resolution No. 87-121 was adopted by the Mound City Council on June 23, 1987 to approve a variance to recognize the non-conforming setback(s) for the original principal dwelling on the condition that the second story / garage addition would be constructed to meet the current setback requirements. -3768- City of Mound Building Permit No. 12071 was issued on September 8, 1997 to allow installation of the footings and slab for the future garage and driveway. It is City staff's understanding that the building permit was issued because of the existing streamlining measures in place at the time which allowed administrative approval of the project because it met 75% of the existing setback requirements. As the Planning Commission is aware, City Code Section 350:420, Subd. 1~9) was amended in 2000 to allow conforming additions to non-conforming structures as long as the expansion, enlargement, meets the current zoning regulations and no other non-confbrmities are created. PROJECT PLANS Copies of the floor plans and elevation drawings for the proposed project have been included as separate attachments. A current property survey dated September 5, 1997 and revised June 25, 2002 and hardcover calculation sheet have also been prepared LEGAL DESCRIPTION Lots 18 and 19, Block 6, Woodland Point. 60-DAY PROCESS The application was received and deemed to be complete on June 25, 2002. Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny a land use request. PUBLIC NOTIFICATION All property owners abutting the subject site were mailed a copy of the Planning Commission agenda on or around July 12, 2002 to inform them of the variance request. CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. All written comments received to date have been summarized below: City Engineer John Cameron No objections. Public Works Director Skinner No objections. Building Official Matt Simoneau A building permit is required including the submittal of all required information. -3769- DISCUSSION 1. The subject property is a corner lot and is therefore subject to double front yard setback requirements o£(30) feet on Bluebird Lane and ten (10) Feet on Woodland Road. Due to the location of the existing house and its close proximity to the north and south property lines, alterations and/or modification(s) to the structure in these area(s) appears to be limited. 3. The placement ora garage on the west (lake) side of the property is not feasible. 4. That portion of Wawonassa Common that abuts the subject property is now owned by the applicant(s) following settlement of the Woodland Point case. 5. Woodland Road is an unimproved public right-of-way and includes a pedestrian footpath. 6. Views from adjacent properties will not be negatively impacted RECOMMENDATION Staff recommends tine Planning Commission recommend Council approval of the variance as requested with the following conditions: 1. The applicant shall be responsible for payment of all involved fees associated with the variance request. In the event the structure is damaged more than (50) percent of its fair market value due to fire or other natural disaster, it shall be reconstructed according to the current requirements of the zoning ordinance. CITY COUNCIL REVIEW Tentatively, the variance application is scheduled to be forwarded to the City Council for review at its July 23, 2002 meeting in the event a reconqmendation fi'om the Planning Commission is made at its July 15, 2002 meeting. -3770- City of Mound VARIANCE APPLICATION Planning Commission Date ~~) City Council Date A~3plication ~-~4 ~ ~Case No. Fee: $200.00 D.[s.tdb_v_tLo~ City Planner PAID City Engineer N1A¥ 0 ? 7_007. Public Works Please.type or print legibly SUBJECT Address PROPER~ DESC. Subdivision, PROPER~ 'Name OWNER APPLICANT Name (IF OTHER Address THAN OWNER) Phone (H) Has an application ever been made for zomng, variance, conditional use permit?or other zoning procedure for this property? Yes ( ) No (~. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Vadance Application Page 1 of 3 Revised 03/20/02 -3771 - Case No. ~ 3. Do the existing structures comply with all are_a, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No f~). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQU IRED REQUESTED VARIANCE 6_¢_._ d -'J (or existi.g) Front Yard: ( N S E W ) ~ 0 ft. ~ 0 ~ ft. -"-' ft. Side Yard: ( N S E W ) ~ ft. q ,~ ft. I, L_~ ft. ..~SideYard:. (NSEW) ~"lO ff. ~,'~ ft. ~ I,'i~ ft. __LakeRear Yard: ( N S E W ) _~O ff. io-f~ft. --" ff. si (NsEw) ft. ft. ft. · (NSEW) ft. ft. ft. Street Frontage: ~ O ft. ~ O ft. '" ft. Lot Size: .sq ft sq ft .sq ft Hardcover: sq ft sq ft .sq ft o Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (~, No (). If no, specify each non-conforming use: 5. 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: Vadance Application Page 2 of 3 Revised 03/20/02 -3772- Case No. ~ 6. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~)'. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (X), No (). If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (~. If 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 described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Applicant's Signature Variance Application Page 3 of 3 Revised 03720/02 -3773- PRO P~RTY ADDRE.~: 0WINER'S NAME: IT. X 30% '= FT. X 442% ~, (for ail toss) ' ' ' (for Lots of Recora*) ....... LOT AREA SQ. FT. X 15% = (for detacf~ed buiJdings ont¥) . . 'Existing Lot= of Record may have 20 percent coverage provided that tac2nicues are utiiizea, as outlined in Zoning Ordinance Section 350: !225,Subd. 8. B. 1. (see bac~<). A ~tan mus~ be suDmi~ed and approved ~V t~e Building Official. ~OUSE ~?. i TOTAL 0RIVEWAY, ~AAKING '~'/~ AREAS, SIDEWALKS ol~enin~ he.sen boar~si with pe~ioue surface under are OTHER~~ ~:.:~ ~ TOTAL DRIVEWAY, ETC ................... ¢:¢//')~ TOTAL BEC:( x .: ' = ¢¢ TOTAL OTNE~ ......................... ~ -3774- This information sheet only summarizes a portion of the requirements outlined in the City ~f Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 4';22-0600. General Zoning Information Sheet R-1 A Zoning .District- Single .Family Residential PRINCIPAL BUILDINGS - Lot Arear Lot Width, and Setback Requirement-.: Minimum Lot Area ..................................... 6,000 sq ~Jare feet Minimum Lot Width ............. 40 feet Front Yard SetbaCk ..................... ........................ 20 feet Side Yard Setback . ......................... , ..................10 feet* Rear Yard Setback 1 5 feet* Minimum Lot Depth ............................................ 80 feet Lakeshore / Ordinary High Water Setback ............................. 50 feet Minimum Floor Area Requirement: ........................... 840 square feet Minimum lot fronta.qe on an improved public street shall be '40 feet, except that lots frontin g on a cul-de-sac shall be 40 feet at the front building setback line (i.e. 20 feet back from front property line). *Applicable side or rear yard setbacks apply to lot lines abutting fire lanes or alleys not exceeding 15 feet in width. Building Height: Maximum 2Y= stories or thirty-fi'~'~'"¥(~'~"f'~et in height. Building Height is defined as "the vertical distance to be measured from. the average grade of a building line to the top, to th~ cornice of a flat roof, to the deck line of a mansard roof, to a point on theroof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof." LOTS OF RECORD - Special Provisions: Corner Lots: lot w. idth 40-- EO feet E 1 - 80 feet 8 l.~eet or more minimum side yard setback 10 feet 20 feet 30 feet Side Yard Setback Re~l'uirements: .. Side yard setbacks for Ig~;~ of record shall be six (6) feet unless the structure or site does not contain a garage in which case, one side yard setback is required to be ten (1 O) feet to accommodate a driveway access. ~-~, HARDCOVER REQUIREMENTS: Impervious surface coverage of lots shall not exceed 30percent of the lot area. On existing lots of record*, impervious coverage may be permitted by a maximum of 40 percent providing that techniques are utilized as identified in Section 350:1225, Subd. 6.B.1. impervious cover is any surface impervious or resistant to the free flow of water or surface moisture, including all buildings, driveways and parking areas whether paved or not, tennis courts, sidewalks, patios and swimming pools Open decks (1/4" minimum opening between boards shall not be counted in impervious cover calculations. Rev. 3/97 -3775- _' * , NOTICE THIS DE@IGN MUST BE ON SITE FOR ~.~ ~'~'___"-2~ FIRE SEPAFIATION- i ~IT"E COPY. 4:~ r"- z '13 z -.< 155 -----.tune 23, 1987 RESOLUTION'NO. 87-121 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NON~ONFORMIN~ BUILDING SETBACK FOR LOTS 18 & 19, BLOCK 6, WOODLAND POIN~f PID ~13-117-24 12 0128 (1599 Bluebird Lane) P & Z Case 87-648 WHEREAS, Michael and Judy Gardner, the owners o~ property c~e~cri~ as LotS 18 ar~ 19, Block 6, Woodland Point PID %13-117-24 12 0128 have applied for a variance to recognize existing nonconforming building setbacks in order to construct an addition to the principal dwelling; and WHEREAS, the existing principal structure is nonconforming due to a 13.5 foot rear yard setback, a 4 foot side yard setback along the north side and a 7 foot;side yard setback along the south; and WHEREAS, the subject property is located in the R-2 zone which requires a 15 foot rear yard setback, a 6 foot side yard setback along the~orth . and a 10 foot side yard '~etback alon9 the ~h-; and ~HEREAS, application of the Zoning Code results in a 1.5 foot rear yard variance, a 2 foot side yard variance and a 3 foot side yard variance; and WHEREAS, the applicant has requested a variance to construct a new secord level, all of which will be built in accordance with required setbacks; and WHEREAS, the Planning Commission .has reviewed the request and does reco~n~ the variances to recognize the existing nonconforming setbacks since the new cbnstruction will be totally conforming and as such, does not extend or intensify existing nonconforming portions of the structure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby recognize the existing nonconforming setbacks · for Lots 18 & 19, Block 6, Woodland Point. upon the condition that the addition to the structure be 'constructed with conforming setbacks to the property lines. The foregoing resolution was moved by Councilmember Jensen and seconded by Mayor Smith. The following Councilmembers voted in the affirmative: · '~Abe], Jensen, dessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Attest: City Clerk -3778- r~ rO 0 o~ c- -3779- 0 U 0 Q~ 0 ~J 0 U ~ PAID BUILDING PFSMIT CITY OF MOUND SEP 8:1997 5341 Maywood Road, Mound, MN 55364 · Phone: 472-0600, F~ai~i~'~iND Tenant/Business Name The applicant is: ~owner contractor tenant Owner Name )~'¥~/~'~ ~/~ Contra~or Name Description Add.ion ESTIMATED VALUE ............... $ ~,"-'/7~} "- PERMIT FEE (BASE) ................................... $ L/")~, '~--01-3251 P~N CHECK FEE ...................................... $ 01-3253 ZONING DISTRIC~ R1 .lA ~ R3 .1 ~2 .3 SURCHARGE .............................................. $ ''~' ~} 01-~2 D~INTI~ ................................................... $ 01-3254 RES. 8 & DA~ S.A.C. (99%) ................................................ $ 78-2304 DA~ FI~D S.A.C. (1%) .................................................. $ 78-3774 CI~ SEWER CONNECTION ..................... $ 78-3158 NOTICE: Serrate perm~ are r~uir~ f~ ~1. plumbing, h~fing, ven~lafion or air ~oning. ~is pe~ b~mes null and void ~ work or CI~ WA~R CONNECTION ...................... $ 73-3155 ~n~on a~oHz~ is not ~mme~ ~hin 180 days, or if ~n~c- fion or ~rk is suspend~ or abandon~ for a peri~ of 180 days at any WATER M~ER ........................................... $ 73-3744 ~me after wo~ is ~mmenc~. All e~erlor work must be compl~ within one (1) year from the date of pe~lt I~uance, a~ordlng to CI~ STATIONARY ROD ...................................... $ 73-3~2 C~e S~lon ~:1o, Su~. 5, I hereby ce~ ~at t have read and examin~ this appli~fion and know the OTHER ......................................................... $ ~me to be tree ~d ~ff~L ~1 provisions of laws and ci~ ordinances gov~ing ~is ~pe of ~rk will be ~mpli~ wi~ whether sp~ified herein TOTAL .......................................................... $ /~. ~ ~-~ or not. The gra~ng of a ~it does not presume to give a~or~ violate or ~ ~e provisions of any o~er ~te or Io~1 law r~ul~fi~g ~ns~onorthepedo~anceof~,/.,.. ~~ ~ / ~'~ ~~ . APPLIC~S SIGNA~RE / t ~ ~_~ ~ DATE CITY OF MOUND - ZONING INFORMATION SttEET LOT OF RECORD? YES / NO YARD I ltOUSlg ......... FRONT FRONT SIDE LAKE 'TO~ roF ,~'UFF ' " FRONT DIRF, CTION REQUIRED ZONING DISTRICT, LOT SIZE/WIDTH: R! 10.000/60 BI 7~500/0 rRIA 6,000/40~ B2 20,000/80 R2 6,000~40 B3 10,000/60. R2 14~000/80 R3 gg~ ORD. Z1 30,000/100 EXISTING/PROPOSED E~ISTING LOT SIZE' L~T WIDTH: LOT DEPTH: · VARIANCE SIDE REAR ' N S E W N S E W · plnnnine i}ennrtmen! At N S E W N S E W NS E W NS E W DETACHED BUILDINGS 15' 50' 10' OR 30' NS E W NS E W N S E W 4'OR6' N S E W N S E W 4' OR6' 4' N S E w 50' 10' OR 30' CONFORMING? YES / NO ? This 7.offing Information Sheet only summarizes a portion of file requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound 30% OR 40% ~! 3~. 78 RES o'- -3781 O o Cfi ME M' O R A ND U?d DATE: AUGUST 8, 2002 TO: SARAH SMITH, COMMUNITY DEVELOPMENT DIRECTOR FROM: JOHN CAMERON, CITY ENGINEER SUBJECT: CITY OF MOUND VILLAGE BY THE BAY DEVELOPMENT LETTER OF CREDIT MFRA FILE NO 12252 We have reviewed Metro Plains request to reduce their letter of credit for the grading. sidewalks and bimnfinous trail fi'om thc original amount of $100.000 to $23.830. This letter of credit covers only the sidexvalk on the City Outlets and thc public trail that will bc located within an easement. Thc request appears to bc in oFdcr and wc recommend approval. 15050 23aD AVENUE NORTH PLYMOUTH, MN 55447 -3782- JCAMERON@MFRA.COM (763)476-6010 FAX (763) 476-8532 08×01×02 1S:48 METROPLAINS DEUELOPMENT a 9524?20620 N0.496 P002700~ I August 1, 2002 o/~ ETROPLAINS M~TROPLAINS PROPERTIE'~ INC METROPLAINS DEVELOPMENT LLC /f t h · A e a · t I a n d Sarah Smith Community Development Director City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 City of Mound Village By the Bay Development Letter of Credit I am writing to request a reduction in our Letter of Credit of $100,000 by $76,170. The breakdown is as follows: Item Completion Grading 100% Erosion Control 100% Sidewalks 82% Trails 44.9% Amount Escrowed $50,000 $50,000 ..Requested Releas,,. $50,000 $26,170 TOTAL RELEASE REQUEST $76,170 I calculated the release on sidewalks and trails by taking the total dollar amount completed on sidewalks (line 19) and trails (line 20) and dividing it into the total budgeted for these two line items. This percentage is 52% complete. I think upon inspection, to date, Mr, Cameron will find these items more than 52% complete as the cost statement offofwhich I am working was dated at :he end of June. I will resubmit for more of another release based on the nex~ costs statement. If'you have any questions or need any additional supporting information, do not hesitate to contact me at 651-523-I 236. Sincerely, Larissa R. Tadavarthy SPRUCE TREE CENTRE -3783- · 1600 UNIVERSITY AVE, · $UITE21I ST. PAUL MINNESOTA 5SI04-3825 ~ $$1 646 8947 · wwv~rnett~p~ns.com 08×01×02 15:48 METROPLAINS DEVELOPMENT a 9524?20620 N0.496 P0037003 -3784- ORDINANCE NO. 79-1996.. AN ORDINANCE ADDING SECTION 330:12 TO THE CITY SUBDIVISION CODE ALLOWING FOR A WAIVER OF PLATTING The City of Mound Does Ordain: Section 330:12 is hereby added to the City Code and shall read as follows: Section 330:12. Waiver of Platting. Any parcel of land, either platted or unplatted, that has been combined for tax purposes or for other reasons, cannot be reseparated or divided without an approved subdivision or a waiver of the platting requirements of this code. The City has many old subdivisions with small platted lots which standing alone do not meet current zoning requirements. Many of these lots have been combined for tax purposes and for various other reasons, i.e., to create a building site, to indicate a desire to combine to avoid or reduce special assessments for improvements, etc. A waiver of the platting requirement may be granted by the City Council after receipt of background information provided by City staff. A request for waiver of the platting requirements shall be signed by the property owner on forms prepared for and approved by the City Council, which shall include a provision to reimburse the City for all of its costs. This request or application for a waiver shall be referred to City Staff fo/review. The review by staff shall be conducted to determine if the division or release of the tax combination and the creating of new Property Identification parcels for tax and building purposes is in compliance with City Codes and all planning and zoning standards and objectives. The staff shall prepare written findings and recommendations for the Council's consideration. The waiver of platting and the release of the tax combination may be approved if it is determined to be in compliance with all City codes. The Council may impose conditions to the waiver and shall require the payment of any deferred or forgiven specials assessments which have been avoided by a tax combination. waiver may be granted without public heatings or without referral to the Planning Commission. Nothing herein shall preclude the staff or Council from referring the matter to the Planning Commission if it is determined that their advise will be helpful in determining if the request meets the City's planning and zoning objectives. If the application for a waiver of platting requests or requires any variances from any City code .requirement, the waiver application shall be processed in accordance with Section 330:170 of 'the City Code and the request shall be referred to the Planning Commission and processed as any other variance request under this subdivision code. Mayor Clerk by the City Council on August 27, 1996. in The Laker, September 7, 1996 -3785- Timetable 9/30/02 10/22/02 11/14/02 December 2002 Deadline for Application Present Candidates, Select Finalists Interviews/Selection Start Date -3786- Draft The City of Mound, Minnesota Police Chief Position Profile The City of Mound, within the ting of the Twin Cities metropolitan suburbs, is located 30 minutes from downtown Minneapolis. Situated on the north shore of Lake Minnetonka, the City is surrounded by scattered farmsteads, lakes and rolling hillsides to the west and north and the 3,400- acre Carver Park Reserve to the south. Mound is a lake-oriented community with over 17 miles of shoreline used for residential and recreational purposes. The City encompasses Lake Langdon and is bordered by Dutch Lake and several of Lake Minnetonka's majestic bays. Distinctive neighborhoods set among tree lined streets, winding roads and lakeshore offer charming vistas and give the community its unique appeal. House values in Mound are extremely diverse, ranging in price from under $80~000 to over $600,000. The majority of the housing stock was built after World War II with nearly one-th/rd of the homes built in the 1970s. Many of the older homes were originally cabins and later converted into year- round residences. Mound's Past The City of Mound was named after the many prehistoric Indian mounds within its boundaries, several of which remain today. European settlement dates back to the 1850s, after which many of the bays on Lake Minnetonka are named. The City of Mound was established as a trading and agricultural center and became a resort mecca shortly after the turn of the century. At that time, Mound boasted seven resort hotels and several restaurants. Vacationers arrived by train and the streetcar boat was the primary means of lake travel. As the resort era faded, the City established a commercial center. In 1946, Tonka Toys, a world-renowned company, began operations in Mound. During the 1960s and 70s, the City drew thousands of spectators as the location of a large winter festival and snowmobile races. Present and Future Today, the city's largest employers include Independent School District 277, A1 & _Alma's Supper Club and Charter Cruises, Our Lady of the Lake School, Jubiliee Foods, and the City of Mound. Within the downtown area, a concept plan representing the collective vision of the City's Economic Development Commission and local dtizen panels is undenvay. The Mound Vision addresses a downtown design focusing on the City's unique history and highlighting a resort hotel architectural theme. The plan calls for reorienting the downtown area towards Lost Lake and Lake Langdon with new development complementing existing structures. Construction of the new Post Office is in progress and the creation of a public pier and paved plaza boardwalk will be completed in 2003. Future projects include provisions for a Farmers Market and a trail system connecting the downtown lakes and parks to the commercial areas. -3787- Education Three highly rated school systems serve the area: Westonka Public Schools, Our Lady of the Lake Catholic School, and Calvary Memorial Christian School. The Westonka Independent School District 227 is recognized as one of Minnesota's Top Testing Districts. The District enrolls 2,400 students in K-12 and is comprised of two primary schools, one middle school, and one high school. Community Education and Services offers classes for lifelong learners of all ages. The Early Childhood Family Center offers parent and pre-school classes. A branch of the Hennepin County Library System is located in Mound. Recreation The City of Mound features 29 City parks, an attractive public beach with picnic areas, and a renovated train depot used as a pavilion. Mound residents are eligible to apply for dock sites or slip locations under the municipal Commons Dock Program. Local organizations are highly involved in promoting and organizing community sports and activities for all residents. Superb recreational and cultural facilities are convenient to Mound. The Old Log Theater, Chanhassen Dinner Theater, and Lake Minnetonka Art Center are within a 20-minute drive. Also nearby is the nationally-known Minnesota Landscape Arboretum featuring gardens and research facilities. Regional parks, park reserves, and the 64-mile Luce Line Nature Trail provide abundant opportunities for outdoor recreation. The Organization The City of Mound has a Council/Manager form of government. The City employs approximately 40 full-time and 15 part-time employees. City Departments include Police, Fire, Clerk, Finance, Parks, Public Works, Liquor, and Community Development. The Mound Fire Department services the City and five surrounding communities. Municipal water and sewer services are provided to all residential, commercial and industrial areas. The City owns and operates a municipal liquor store. The City budget is $3.5 million. The Police Department Public Safety is provided by a Police Chief, 13 sworn officers, two non-sworn secretaries, and a Community Service Officer. The Police Department has a total of 16 full-time personnel plus eight Police Reserves. -3788- Organizational Chart Police Chief Sergeant/ Patrol Supervisor Police Secretary Clerk Secretary 1 Sergeant Staff Sergeant CSO Officers (2) Police Reserves (8) Investigators (2) Officers (3) Officer/ Drug Task Force The 2001 police budget was $1 million with personnel costs accounting for over 81% of the total budget. The Department generated revenues of approximately $100,000 from court fines and vi°iati°ns, $ 9,000 fr°m VehiCle aucti°n, $4,000 fr°m licenses, and $2,400 fr°m accident reportS. Reported incidents over the past 12 years has decreased slightly with a total of 13,491 incidents reported in 2001. The Department provides the following Community Services and Programs: · Crime Prevention · Citizens Academy · Triad · House Checks · Youth Academy · Operation Clean Sweep · Department Tours · Demonstrations/Presentations · Mound City Days · Fingerprinting · D.A.R.E. Westonka Community Action Network · Homecoming Parade Officer Friendly · School Resource Officer · Skate Park · Advisory Councils · Westonka Health Families Collaborative · Juvenile Conferencing · Offensive Behavior Program · Summer Safety Camp -3789- The Department serves citizens through additional special programs and activities. For example: · In February, 2002 the Police Department initiated a feedback system to solicit input from citizens. The Department average for overall services is rated at 3.46 on a 0 to 4 rating system. · The Department participates in the southwest Metro Drug Task Force with South Lake Minnetonka, St. Bonifacious, Minnetrista, Shakopee, Hutchinson, Chaska, and McLeod, Carver and Scott Counties. · The Mound Police Reserves donated 1,341 hours to the City of Mound in 2001 providing security services and police back-up. Plans for a new Police and Fire facility, on the site of the current Fire Station, are underway. In the fall of 2002, the Fire Department will move to a temporary space and the existing Fire Station will be demolished. The new Public Safety facility will accommodate police, fire, and emergency services and will be completed by summer 2003. The facility will be 33,000 square feet and will include garage bays for police and fire vehicles, training space for police officers and firefighters, office space, and storage space. The project total is estimated to be $5.8 million The Position The Police Chief is appointed by and reports to the City Manager. The Police Chief is responsible for the efficient operation of the Police Department. Specific duties include: · Direct Police Department operations to deliver expected levels of policing, protection, and service for citizens and community property. · Oversee law enforcement activities, investigation of reported crimes and accidents. · Participate in the selection and evaluation of officers and staff. Administer collective bargaining agreements, represent the grievance process, take disciplinary actions, oversee staff assignments, review performance records, make personnel recommendations, and oversee training programs. · Prepare annual departmental budget and oversee expenditures within approved budgetary resources. · Maintain working relationships with other city, county, state, and federal agendes. · Conduct short and long term planning and policy development covering law enforcement activities including emergency preparedness. Develop programs to guide the future development of the Department. Background and Experience Qualified candidates must be eligible for P.O.S.T. certification and have, at a minimum, a B.A. degree or successful completion of an advanced police management program (e.g. FBI, SPI, Northwestern, etc.) with a minimum of ten years experience in law enforcement, five years of which would be at senior command level. A graduate level degree is highly desirable. -3790- Specific areas of experience and knowledge include: · Experience and commitment to community oriented policing programs including school and youth programs, D.A.R.E., and child protection. · Well rounded police background including investigations and street patrol experience. Understanding of domestic violence issues. · Familiarity with Emergency Services planning. · Supervisory experience and familiarity with union activities including negotiations and contract implementation. Experience in the performance evaluation process. · Strong background in the development and implementation of training programs and officer development. · Experience in developing and maintaining relationships with the pubic and PartnersMPs with public safety agencies and governments. · Budgeting and financial management background. I(mowledge of securing and administering grants and the use of Crime Prevention Funds. · Familiarity with water related policing activities is desirable. · Understanding of the Strategic Planning Process. · Computer experience on appropriate software and equipment. · Valid Minnesota driver's license or the ability to acquire. Management Capabilities · Be comfortable establishing polities and developing working relationships within a small department. · Be consistent in carrying out enforcement duties. · Solidt staffinput and encourage staffinteracfion. Develop and promote training opportunities for newer staff members. · Be willing to listen to new ideas and accommodate change. · Handle conflicts in a non-political and non-partial manner. Have the ability to remain calm in stressful situations. -3791 - Keep the City Council apprised of Department activities and issues. Involve the Council and staff through workshops. Be visible and active in the community. Work in partnership with neighborhood groups, businesses, youth and civic organizations. Encourage staff in customer service orientation and community involvement. Be creative in developing a team that will achieve the respect of the public. Understand successful working relationships between the Police and Fire Departments. Possess strong public speaking and writing skills. Department Priorities · Spend the necessary time to learn the operation and become familiar with the staff. · Work with the Fire Chief to facilitate the relocation of the Department into the new Public Safety building. · Examine pay issues and benefits and develop incentives to increase employee retention and reduce staff turnover. · Explore the need to add a flail-time investigator and increase street coverage through the use of additional patrol officers. · Manage the impact on police services of the new downtown development. Announcement Police Chief, Mound, MN (pop. 10,000). Starting salary $69,000 to $77,000. Department Head position reporting to the City Manager. Responsible for managing a budget of $1 million and a total staff of 16 with 13 sworn officers. Qualified candidates must be eligible for P.O.S.T. certification and have, at a minimum, a B.A. degree or successful completion of an advanced Police management program (e.g. FBI, SPI, Northwestern, etc.) with a minimum of ten years experience in law enforcement, five years of which should be at a senior command level. A graduate level degree is highly desirable. Preferred experience includes working knowledge of community policing principles and a variety of community outreach programs. Send resume by 9/30/02 to The Brimeyer Group Executive Search, 50 S. 9th Ave., Suite 101, Hopkins, MN 55343. Phone: (952) 945-0246, Fax: (952) 945-0102, e-mail: brimgroup ~(~.,aol. com, web site: www. brimgroup.com -3792- MEMORANDUM TO: FROM: DATE: RE: Kandis Hanson Jim Strommen August 7, 2002 Status of Xcel Engineering Costs - Transmission Line Relocation; Reports on Distribution Line Undergrounding - Fire/Police Stations Project BACKGROUND At the July 9, 2002 City Council meeting, the council directed me to discuss with Xcel Energy the status of its engineering cost estimate report and Xcel's position on its reimbursement of some or all of the funds advanced by the City to carry out the estimate. The Council further asked that I investigate the costs and potential benefits of the City ordering Xcel Energy to underground its distribution lines along the east and north streets flanking the City's police and fire stations, and petitioning the Public Utilities Commission ("Commission") to waive the surcharge. If underground distribution lines at that location (along Maywood Road and Wilshire Blvd.) were deemed a standard facility by the Commission, there would be no cost to the City or to Mound ratepayers for the additional cost of undergrounding incurred by Xcel. The update on the reimbursement of engineering costs is very brief. The fire-police station undergrounding project is discussed at some length. DISCUSSION A. Reimbursement of Xeel's Engineering Costs. I have inquired in writing and orally of Xcel regarding the status of the engineering cost estimate report and its position on reimbursing the City for the costs advanced, approximately $18,300. Scott Johnson of Xcel indicated to me that the engineering cost estimate would be completed some time this week. I have not seen a report as of the date of this memorandum. Xcel has yet to provide me with a position on the reimbursement or nonreimbursement of the funds the City advanced for the engineering cost. I will report to the City Council when I have such information. B. Undergrounding of Distribution Lines Near Fire/Police Stations 1. Whether to require undergrounding. The distribution lines feeding electricity to the police/fire stations in the City are currently overhead along Maywood Road and Wilshire Boulevard. A public improvement project adding to JMS-218405vl 1 MU200-103 -3793- the police/fire facilities has been approved. The relocation of overhead distribution lines to another overhead location in connection with this public improvement project would be at no cost to either the City or the ratepayers of the City of Mound. These are general costs build into existing rates and cannot be surcharged. Only if nndergrounding is ordered will there be a surcharge to City ratepayers. That is because underground lines cost Xcel more than its "standard" of overhead lines. The City has clear authority to require Xcel to relocate the existing overhead distribution lines underground. Minn. Stat. § 216B.36; NSP v. City of Oakdale, 588 N.W.2d 534 (Minn. Ct. App. 1999). If the City requires Xcel to underground, Xcel has informally estimated the additional cost for such relocation (over and above relocating overhead lines) to be $75,000 to $100,000. This estimate is subject to review and potential challenge by the City. The City can assume, however, that the cost of undergrounding is greater than relocating overhead lines. Representatives of the police and fire departments of the City have expressed support for undergrounding of the distribution lines. Their primary concern with overhead lines is the physical impediment to emergency vehicles where downed-power lines result from a storm or in general movement in and around the facility. In addition, the facility will be enhanced aesthetically if distribution lines are buried. It is my understanding that reliability of electric service to the stations as it may be influenced by overhead or underground lines will not be an issue. Backup generator power will be available in the new facility during a power outage. 2. Costs and benefits of challenging the undergrounding as "special." Assuming the City Council authorizes the undergrounding of distribution lines (a decision not yet made), the City has the option to 1) pay for the incremental cost out of City funds, 2) allow the cost to be surcharged to City ratepayers or 3) challenge the Xcel designation of undergrounding facilities as special. The basis for a challenge to undergrounding here would be based on the unique nature of the facility - an essential municipal public safety service. The argument would advance the position that it was in the general public interest that underground distribution lines around police and fire facilities should be the standard in any city. The rationale for such an argument would be safety and operational concems surrounding the police and fire personnel themselves. The argument is not just that it benefits City residents and businesses, but that it benefits the general Minnesota public. Any improvement limited exclusively to City residents and businesses makes the argument that City ratepayers should pay the cost, not the general ratepayer (i.e., ratepayers from other cities). Aesthetic considerations will not cause the Commission to make an exception to a City ratepayer surcharge. In addition, I discussed service issues associated with overhead versus underground distribution lines with an SEH representative with considerable electric utility background. He has indicated that there may be no appreciable difference in reliability. Moreover, police and fire stations will have auxiliary power in the event of an outage. The argument will center almost exclusively on police and fire facilities in general and not any unique aspect to Mound's police and fire station. A decision by the Commission to allow undergrounding for one city police/fire facility without surcharge will necessarily mean new JMS-218405vl 2 MU200-103 -3794- undergrounding for another city without surcharge. Therefore, Xcel will vigorously contest a challenge. 3. Cost of a challenge. To challenge the surcharge will require a petition to the Commission in St. Paul and a hearing. That petition would seek an exception to the surcharge and provide evidence that an exception is warranted. We would need affidavits from members of the fire and police staff regarding safety concerns or other considerations surrounding overhead lines. I have received no specific information at this time that there have been incidents with overhead lines that have created a danger to staff or the public. In theory, that could happen with downed lines during a storm emergency in which the police and fire departments were required to be active. I have received an estimate from SEH for expert services on the technical aspects of overhead versus underground distribution lines. The estimated cost to review technical aspects and potentially testify before the Commission is $2,500. There may be costs associated with depicting the change, photographs, plans, etc. at a heating before the Commission This and other copying costs could be between $1,000 and $2,000. Legal fees for such a test case would range between $10,000 and $15,000 at the Commission level, depending on how vigorously Xcel objected to the petition. If either Xcel or the City appealed the Commission decision, there would be additional costs of $10,000 to $15,000 for briefing and arguing an appeal at the Minnesota Court of Appeals. These cost components add up to a low end estimate of $15,000 and a high end (with appeal) of $35,000. I spoke with the League of Cities general counsel regarding potential coverage for a case like this. It appears that this type of dispute is not clearly covered or clearly excluded by the City's League insurance policy. The issue would relate to a coverage category of"land use, development or franchise litigation" because it would involve litigation over the 'interpretation" of a "permit, license or other mechanism through which the City authorizes or regulates the provision of... electricity." (Policy paragraph 12). In my view, though this case has merit, it is not a case that the City is likely to win before the Commission. There is considerable appeal to undergrounding electric lines in a police and fire station area. Yet each City is the primary beneficiary of such an improvement and the Commission may well conclude that either City or its ratepayers should therefore pay for that benefit. Note also that next year the City may be in the same position to evaluate whether undergrounding surcharges for the downtown development should be challenged before the Commission. On balance, that type of challenge may have more likelihood of success because of the precedent established with undergrounding the downtown areas of Minneapolis and St. Paul as standard. JMS-218405vl 3 MU200-103 -3795- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com June 6, 2001 Mr. Patrick Cline, Manager Community and Local Government Relations Xcel Energy 5309 West 70th Street Edina, Minnesota 55424 SUBJECT: Undergrounding of Electrical Distribution and Transmittal Lines Dear Mr. Cline: The City of Mound Housing and Redevelopment Authority (HRA) has reviewed the four (4) options and the accompanying rough, preliminary estimates of cost for each alternate as provided by Xcel. The HRA passed a motion requesting Xcel Energy provide a detailed cost estimate and engineering study for burial of their transmission lines in downtown Mound as suggested in Option 2B. The City also requests that Xcel determine the potential ratepayerimpacts of this option. We would appreciate if a time schedule could be provided for this study. In addition, the HRA has also directed Mound staff to negotiate for the purchase of Xcel land west of the substation and assist Xcel Energy in acquiring additional land east of the substation. The City of Mound also offers to work with Xcel Energy to enhance the landscaping around the present substation. The Mound staff and consultants are available to assist Xcel Energy in the City's endeavor to obtain an overhead utility-free zone for the downtown redevelopment district and suggest a meeting as soon as possible to discuss the land acquisition issuses. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, Kandis Hanson, City Manager CC: Bruce Chamberlain, HKGI John Cameron, MFRA Jim Strommen, Kennedy & Graven C RTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.corn JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 Email: j stromrnen~kennedy.graven.com August 14, 2001 Linda Machemehl 5505 County Road 19 Shorewood, MN 55331 Scott Johnson 414 Nicollet Mall 7th Floor Minneapolis, MN 55401 Re: Mound Downtown Redevelopment Dear Ms. Machemehl and Mr. Johnson: As you know, we represent ~e City of Mound. Scott, I know that you are working on the Mound Redevelopment project, particularly with respect to easements and land acquisition matters. Ms. Machemehl, I was given your name as the person in charge of distribution line placement and cost. This letter is a request for information on behalf of the City on the following matters. It is my understanding that there will be undergrounding of distribution lines and facilities in connection with this project, as distinguished from the transmission lines. The Public Utilities Commission recently approved a tariff for Xcel that provides for a surcharge mechanism in the event undergrounding of distribution lines are found to be a special facility. Please advise whether Xcel intends to exercise the terms of that tariff regarding the incremental cost of undergrounding distribution lines. If that is the case, I would like an estimate of the undergrounding costs for distribution lines in connection with this projecL I would also like a printout on the estimated monthly cost Xcel would intend to surcharge to the various classes of customers. Finally, please provide a projected timetable for the undergrounding of distribution lines and identify anything that the City needs to do .to facilitate this timetable. Regarding transmission lines, Xcel has provided cost estimates for undergrounding and that issue has been discussed at several meetings. As I understand it, there is also a plan to relocate the transmission lines within the raikoad right-of-way using overhead facilities. Scott, has the raikoad consented to the projected relocations on its right-of-way? I know, for example, there is an issue regarding the location as it relates to the tracks. It is also my understanding that this track is still used fi:om time to time. What is your information on the raikoad location and track use status? J'MS-201685vl MU220-6 -3797- August 14, 2001 Page 2 of 2 Thank you for your prompt response to these questions. If these questions raise other matters or questions requiring City action or information, please contact me. Very-truly yours, ~GRAVEN, CHARTERED James M. Strommen JMS/car cc: Brace Chamberlain ~andis Hanson JMS-201685vi MU220.-6 -3798- Page 1 of 1 kandishanson From: "Strommen, James M." <jstrommen@Kennedy-Graven.com> To: <kandishanson@msn.com> Cc: "Dean, John B." <jdean@Kennedy-Graven.com>; '"Bruce Chamberlain'" Sent: Tuesday, August 21, 2001 12:30 PM Subject: Mound Downtown Redevelopment Dear Kandis: This email is a status report on my progress relating to the determination of costs Xcel would allegedly incur were the city to require undergrounding (u/g) of either distribution or transmission lines, or both (though it is my understanding now that the city will not u/g transmission lines). You should have received copies to several letters I have sent to Xcel reps asking for cost estimates on u/g distribution lines for the project, and issues related to the relocation of transmission lines above ground along the railroad ROW. These requests followed my meeting with Bruce on August 10 regarding outstanding cost and feasibility issues. To date I have received only a response from Scott Johnson of Xcel indicating the need for more information from the city on its plans relating to transmission line relocation. I have heard nothing from Xcel on the distribution line question. I will continue to send letters for the purpose of putting our questions "on the record" and obtaining responses that identify what we must do. Accordingly, at this point it is premature for me to report anything regarding u/g of distribution lines or relocation of transmission lines, from a cost to Mound ratepayer standpoint. Please note, however that the u/g of distribution lines for Mound's downtown redevelopment is a very good case to make to the PUC that neither the city nor the city ratepayers should pay for the u/g costs Xcel will seek to surcharge. The new Xcel tariff procedure regarding city-ordered u/g of distribution lines allows a city to argue that there should be no surcharge because the u/g should be "standard." Currently, u/g in downtown Mpls. and St. Paul is standard, ie, no ratepayers in the city are surcharged for its installation, it is a general expense to the utility. If Mound places distribution lines u/g in the downtown area, it should attempt to extent the cost treatment enjoyed by Mpls. and St. Paul to suburbs with identifiable downtown areas. What Mound could establish both for itself and other suburbs is the rule that u/g of distribution lines in an identifiable "downtown" area is wholly or partially "standard" and therefore, recovered only from general rates. Clearly Mound has a downtown. The intent of the project is to revitalize the area as a city or West-Tonka area center. The presence of overhead distribution lines is both unsightly and unsafe, given the level of pedestrian traffic the project hopes to draw. The same argument holds for the transmission lines but is complicated somewhat by the greater cost to u/g transmission lines and the separate issues of authority to require transmission u/g and the railroad ROW, not public ROWover which the city has clear control. I will continue to press Xcel reps for cost estimates on distribution line u/g. When Xcel provides this estimate to me I will forward it to you and Bruce for evaluation. If you have any questions please call or email. -3799- 08~1~001 Crcativc Solutions for Land ?lanning and D¢$i&a Hoisington Koegler Grout2 Inc. MEMO August 23, 2001 To~ Mayor and City Council Mound, Minnesota CC: Kandis Hanson, City Manager John Cameron, MFRA Jim Strommen, Kennedy & Graven From: Bruce Chamberlain Mound Visions Coordinator Re: Transmission line relocation. Several months ago, the City Council reviewed options for transmission line rclocation ranging from overhead relocation to cmnplete undergrounding. At that time, the Council directed staff to work with Xcel Energy in pursuit of the underground option and, to a greater degree, determine the impact on rate payers and feasibility. Since that time, Xcel has provided more information in each area. Here is our understanding of the situation: · Because it is the City's intent to construct County Road 15 in 2002 and because we are told ordering of underground cable takes over eight months, it appears infeasible to do the undergrounding work as part of the County Road 15 project. · As a result, there would need to be an interim, overhead relocation solution to accommodate the new alignment of CR15. The interim solution is expected to cost at least $500,000. · The undergrounding work would have to wait until 2003, which could disrupt Gramercy development activity. · Engineering costs for undergrounding the lines would be passed along to the City or rate payers. · The undergrounding option could cost the rate payers roughly $15/month for five years. · If the City were to pursue the overhead option, the line would be upgraded to steel poles with an altered alignment that better accommodates redevelopment. · An overhead option would allow for the work to occur in conjunction with CR 15 relocation at a fraction of the cost to rate payers (in the range of $500k). -3800 -23 North Third Street, Suite 100, Minneapolis, MN 5540~-1659 PH ((ii 2't 338-0g00 Fx (612) 338-6838 Ru~ ~3 O101:lBp p.3 MEMO - Mound City Council August 23,2001 Page 2 This information caused City Staff to strategize a bit more. We subsequently contacted Gramercy Development to review the situation since their project would experience the greatest visual benefit of undergrounding. We asked if the absence of overhead transmission lines along the rail line would have financial or marketing benefit for their project and if so, would they consider directly paying a portion of the cost for undcrgrounding. Their response is that overhead lines adjacent to their project would have an impact on their marketing efforts but not a large one and they added that overhead lines would probably not have a financial impact. They would rather live with overhead transmission lines than directly pay for undergrounding. In fact, depending on the level of funding, undergrounding costs could be a deal-breaker for them. With this information, Staff suggests that upgraded, overhead transmission lines in the downtown area may be the wisest and most feasible approach. As a refresher, there are two levels of power lines currently on poles through the downtown area. Transmission lines are the high-power lines that run along the tracks and along Belmont Avenue. Distribution lines are throughout the downtown, serving individual properties. It is still the intent to underground all of the distribution lines along with each redevelopment project as it is completed. An accompanying memo by Jim Strommen talks further about undergrounding distribution lines. Staff will be at the August 28 meeting to review the issue and answer your questions. M:~MOUND~99.24\DOC$~xce12.d°c -3801 - C H A RTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 Email: j stmmmen~kennedy-graven.com November 26, 2001 Kandis Hanson City Manager Ci.ty of Mound 5341 Maywood Road Mound, MN 55364-1627 Re: Mound Downtown Redevelopment Dear Ms. Hanson: I reviewed a document Prepared by Ehlers & Associates summarizing the costs connected to the downtown redevelopment, including Xcel's facility relocation cost (relevant excerpt attached). This information would necessarily have been supplied by Xcel. I am curious as to the basis of the line item: "Xcel fi-anchise (ratepayers) $525,000." It is my Understanding that the City is not asking Xcel to go underground with the transmission line. I also understand that some of the transmission lines lie outside of the public right-of-way. This does create a different issue with respect to relocation rights. It is unclear, however, where Xcel derives the relocation cost and how Xcel concludes that a specific amount will be surcharged. It is important that the City determines the specifics of this information and that it reserve its rights to object to cost allocation for utility facility relocation. Do you know the source of that information? While I have been in some meetings, I have not been involved in others. I would like to pursue whether the cost of this relocation is properly a ratepayer surcharge, a general expense (where private easement rights are involved) or a City expense to Xcel. Thank you for your attention to this matter. Very truly yours, 5~~CHARTERED James M. Strommen JMS/cm Enclosure -- cc: John Dean:~: Bruce Chamberlain JMS-206321 v 1 MU200-95 -3802- Page 1 of 1 Kandis M. Hanson From: To: Cc: Sent: Subject: "Bruce" <blc@HKGI.com> "Jim Strommen (E-mail)" <jstrommen@kennedy-graven.com>; "John Cameron (E-mail)" <jcameron@mfra.com>; "Sarah Smith (E-mail)" <Sarahsmith@cityofmound.com> "Kandis Hanson (E-mail)" <KandisHanson@cityofmound.com>; "Pat Cline (E-mail)" <patrick.v.cline@xcelenergy.com> Monday, January 14, 2002 2:42 PM Mound transmission line relocation January 14,2002 Meeting notice: January 25, 2002, 8:00 am, Mound City Hall Including: City of Mound, Xcel Energy Now that the County Road 15 roadway alignment is established, the railroad situation seems to be defined and the City has decided not to underground any transmission lines, the City is ready to meet with Xcel reps to develop a game plan for relocating the overhead lines. The agenda for the meeting is something like this: 1. Discuss proposed relocation alignments 2. Determine Kv upgrade needs 3. Define relocation of lines on roadway ROW vs easement 4. Begin discussion of agreements needed between City and Xcel 5. Determine what, if any, other property owners will be impacted by relocation 6. Discuss relocation expense and cost responsibility. If you have any questions, let me know. Bruce Chamberlain blc@hkgi.com <mailto:blc@hkgi.com> -3803- 01/14/2002 Page 1 of 2 Kandis M. Hanson From: TO: Cc: Sent: Subject: "Strommen, James M." <jstrommen@Kennedy-Graven.com> '"Bruce'" <blc@HKGI.c0m> <Sarahsmith@cityofmound.com>; <KandisHanson@cityofmound.com>; <jcameron@mfra.com> Tuesday, January 29, 2002 11:02 AM RE: Xcel meeting Hello Bruce, I was talking to John Dean about the utility relocation aspect of the redevelopment. What I would like to know is what amount Xcel is saying will be surcharged and where the undergrounding or relocation is relative to the downtown redevelopment (I assume it is central to the "downtown" area). The sooner we can get a handle on how much we are talking about, and how it would affect the city ratepayers, the sooner we can address the issue, if necessary, with the PUC. ..... Original Message ..... From: Strommen, James M. Sent: Monday, January 28, 2002 4:34 PM To: 'Bruce' Cc: Sarah Smith (Sarahsmith@cityofmound.com); Kandis Hanson (KandisHanson@cityofmound.com); John Cameron (jcameron@mfra.com) Subject: RE: Xcel meeting Bruce, any dispute over payment should not result in delay. I don't believe Xcel has legal grounds to say that it will cause delay. To the extent Xcel "holds-up" any phase of the project because of payment issues, please contact me to discuss. .... -Original Message ..... From: Bruce [mailto:blc~HKGI.com] Sent: Monday, January 28, 2002 4:16 PM To: Jim Strommen (jstrommen~kennedy-graven.com) Cc: Sarah Smith (Sarahsmith~cityofmound.com); Kandis Hanson (KandisHanson@cityofmound.com); John Cameron (jcameron~mfra.com) Subject: Xcel meeting January 28, 2002 Jim, As you know, we had a meeting on Friday January 25 with Xcel Energy reps. At the meeting the following items were discussed: · Expansion of the substation to the east may require 25 more feet of property than originally anticipated. · Substation expansion will likely require variances that seem most appropriate to secure at the time of property transfer. · The City needs to keep moving on necessary property acquisition. It appears wise to limit immediate relocation of transmission lines to only those that will be affected by the county road project (over half of the total relocation desired). This makes the project simpler and puts the relocation onus on the County - not the City. What it does mean is that the City needs to stay well on top of County action on the issue in order to prevent delay of the county road project. According to Xcel, they need to be in a position of ordering steel poles by about April in order to be ready for spring -3804- 01/29/2002 Page 2 of 2 2003 construction. John Cameron will bring this up with the County at their meeting this Thursday. There is a cost difference between wood poles and steel poles - I would suggest that the City lean toward steel (especially since the County will be sharing in the cost of utility relocation). Wood poles will require guying; steel will not. Xcel is still saying that undergrounding of distribution lines within the downtown area is a cost to the City/ratepayers. The first distribution line undergrounding project will arise with the county road relocation. Jim, what do we need to do to begin challenging Xcel on this issue? We cannot let any dispute delay the county road project. These were the highlights. Let me know if you have questions. Lets figure out a strategy for points of conflict. Bruce Chamberlain -3805- 01/29/2002 H A RTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 Email: j strommen@kennedy-graven.com March 19, 2002 Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364-1627 Re: March 14, 2002 Meeting and Follow-Up Dear Ms. Hanson: This letter follows the meeting of March 14, 2002, at the Hennepin County facility in Medina. A number of issues were discussed regarding the downtown development project and what needs to occur first. Among the issues raised was Xcel's request for reimbursement for preliminary engineering costs in connection with the transmission line relocation. This is an issue that will come to a head shortly in this process. If the City/County do not pay, Xcel will not proceed. Xcel's leverage is the fact that it needs to carry out this estimate or the project is delayed. If the City needs more information on this issue, please contact me. I assume it will come up again at the April 16, 2002, 3:00 meeting. By that time, the City should decide whether it will agree to bear the costs Xcel is requesting. I do not intend to do any further review of this unless so directed by you. If you have any questions, please call. Sincerely, KENNEDY & GRAVE~ JMs:peb JMS-211827vl MU200-92 -3806- H A RTER E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com JAMES M. STROMlVmN Attorney at Law Direct Dial (612) 337-9233 Email: j slrornmen~kennedy-graven .corn April 12, 2002 By Facsimile - To Follow by U.S. Mail Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364-1627 Re: Downtown Redevelopment - Utili _ty Undergrounding Surcharge Issue Dear Ms. Hanson: This letter follows your request for a summary of the issues of interest to the City in connection with Xcel Energy's intent to surcharge ratepayers in the City for the undergrounding of distribution lines necessary as part of the downtown redevelopment project. This information is relevant for consideration by the City Council of a possible challenge at the Public Utilities Commission (PUC) to Xcel's surcharge. Background This issue arises because the City will be ordering Xcel to relocate the distribution lines in the downtown redevelopment project underground rather than overhead. The higher voltage transmission lines connecting to t._he substation wi!! remain overhead, as ! vmderstand it, Underground distribution lines will greatly enhance the aesthetics and safety in the new downtown developments. Xcel has not yet given an estimate of the cost of the undergrounding, over and above relocating lines overhead. The City can assume that it is a substantial cost, in the six figures at least. That amount would be the subject of an automatic surcharge to ratepayers within the City of Mound (assuming neither the City nor the developer paid the cost). The surcharge amount to each customer is based on the class of service being received. Large commercial electric customers would pay a surcharge three or four times that paid by a residential customer. It is anticipated that this surcharge would be collected over a three-year period as a monthly bill identified as a surcharge for "City Requested Special Facility." The Xcel Tariffand PUC rules, however, allow a City to object to a surcharge by bringing a petition before the PUC. The objection could take the form of questioning Xcel's right to recover a JMS-212878vl MU200-92 -3807- Kandis Hanson Ltr April 12, 2002 Page 2 surcharge at all or object to the surcharge as imposed only on City ratepayers, rather than other ratepayers also. This is a completely new area of the law and results from the fights of cities established through the case ofNSP v. Ci_ty of Oakdale. Basis For City Challenge Of Surcharge The rights of the City to challenge this surcharge would unfold as follows. As this project moves forward, Xcel will be required to provide an estimate of the cost of the undergrounding and the schedule of recovery amounts from the classes of ratepayers in the City. The City can then evaluate the surcharge amount that will be imposed and its impact on ratepayers. Assuming the surcharge is more than a very small amount on each ratepayer, the City may want to file a petition with the PUC objecting to Xcel's right to surcharge under these circumstances. Xcel may surcharge for what it regards as a "special" facility, as opposed to its standard facility. In its approved tariff, Xcel has identified underground distribution lines as "special" and overhead lines as standard. There is no hard and fast rule requiring all undergrounding to be special, however. The downtown Minneapolis and St. Paul areas demonstrate the fact that underground distribution lines may be standard in some areas. Overhead lines in the downtown areas would be less safe and unsightly. This fact alone puts the City in a good position to challenge Xcel's designation of undergrounding in this downtown area as special. The City has an identifiable and pre-existing downtown area, rather than a previously non-existent or "new" downtown. The downtown is in need of redevelopment and should rejuvenate commerce in the area. This downtown not only serves Mound but the surrounding communities of Minnetrista and others. Overhead lines would be unsafe and possibly deter new tenants or developers. The City would have the same types of arguments Minneapolis and St. Paul have. The question then should be why Mound, or all cities, should not have underground distribution lines in their downtown areas as standard facilities? Standard facilities are not surcharged, but are general expenses to the Company. Mechanics Of The Challenge Before The PUC After the City files a petition, it would be required to provide evidence and make argument to the PUC that this undergrounding should be "standard." This effort should involve a presentation depicting the downtown area, its appearance with overhead lines both prior to the development and after the development. By computerized illustrations, the City would be able to demonstrate the appearance of the downtown area both with undergrounding and if it were developed with overhead lines. The City may want to sponsor testimony by its public works people and development director describing the impact overhead or underground lines would have on safety, aesthetics and anticipated development. It is not known how vigorously Xcel will oppose such an effort. It may be that Xcel is willing to compromise and share costs. It may also be that Xcel feels compelled to let the PUC make a JMS-212878vl MU200-92 -3808- Kandis Hanson Ltr April 12, 2O02 Page 3 decision on this. The impact of any decision by the PUC is potentially significant because it involves a downtown redevelopment. Literally, any community in the state could argue that distribution lines in a downtown area should be underground. I believe that Mound has very good facts for making the case that it should have underground distribution line's as standard. There is no precedent on this issue. The PUC has not taken a position yet. The cost of this petition would include attomeys fees and one or more experts retained to prepare illustrations and/or testify regarding the effect of overhead lines on the development. If carried to a full conclusion, I would not anticipate more than one or two days of testimony at the PUC on this issue. The cost for such an effort could be anywhere from $15,000 to $25,000. It is very difficult to estimate with high accuracy because of the inability to predict how vigorously Xcel would oppose this petition. I would be happy to make myself available to the Council to answer any more questions. Hopefully this summary would give the Council an idea of the risks and benefits of pursuing a challenge to the undergrounding surcharge that Xcel will seek to impose. If you have any further questions, please call. Sincerely, GRAVEN, CHARTERED James M. Strommen JMS:peb cc: John Dean Bruce Chamberlain JMS-212878vl MU200-92 -3809- H a RTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 Email: j slrommen~kennedy-graven.com April 12, 2002 By Facsimile - To Follow by U.S. Mail Ms. Kandis tianson City Manager City of Mound 5341 Maywood Road Mound, MN 55364-1627 Re: Xcel Preliminary_ Engineering Proposed Agreement Dear Ms. Hanson: Enclosed is the requested information I received from Xcel regarding its position on payment by the City or other party for preliminary cost estimates and actual relocation cost reimbursement. You will note Xcel's quote of $22,800 for the detailed cost estimate for the project. Xcel requires a deposit of 80% of that, $18,240 in its proposal. I note, in addition, this proposed agreement invites the City or other party to inform Xcel who will pay its transmission line relocation costs. (See '~1 at 4). Xcel also seeks indemnity except for its own negligence. As we previously discussed, utilities placed in the public right-of-way asked to move by a public authority acting within its police power, are required to move at their own expense. I don't believe this basic principle is influenced by the fact that we are dealing here with transmission lines rather than distribution lines. If, on the other hand, Xcel has easement rights and/or is asked to relocate its facilities located on private land, it will have a right to be compensated for that relocation. I do not know the percentage breakdown of transmission line facilities Xcel has in the downtown redevelopment that are outside of the city public right-of-way. Perhaps Bruce Chamberlain or John Cameron can identify those areas. You have indicated the City's willingness to pay the preliminary engineering costs to move matters forward. If Xcel insists on this all-inclusive enclosed agreement, however, the City may be agreeing to front or pay for costs that it isnot required to pay to Xcel. JMS-212878vl MU200-92 -3810- Kandis Hanson Ltr April 12, 2002 Page 2 I suggest that those persons involved in this project on behalf of the City review this Xcel document and advise the City on what it should and should not agree to. I intend to be at the April 16 meeting in Medina. If you have any questions or would like to discuss this letter, please contact me. Sincerely, James M. Strommen JMS:cT Enclosure cc: John Dean (with enclosure) Bob Lindall (with enclosure) Bruce Chamberlain (with enclosure) John Cameron (with enclosure) JMS-212975v 1 MU200-1 -3811 - OFFICE/WAREHOUSE LEASE THIS INDENTURE of lease, entered into this day of August 2002, by and between BALBOA CENTER LIMITED PARTNERSHIP, a Texas limited partnership, hereinafter referred to as "Lessor," and CITY OF MOUND, a Minnesota municipal corporation, hereinafter referred to as "Lessee". DEFINITIONS: "Premises" - That certain real property located in the City of Mound County of Hennepin and State of Minnesota, and legally described on Exhibit "A" attached hereto and made a part hereof, including all buildings and site improvements located thereon. "Building" - That certain office/warehouse building containing approximately 340,364 square feet located upon the Premises and commonly described 5300-5900 Shoreline Drive, Mound, Minnesota. "Demised Premises" - That certain portion of the Building located at 5300 Shoreline Drive, Mound, Minnesota (this address is temporary at this time and Lessee will obtain a permanent address from the city upon occupancy) and designated as Bay consisting of approximately 9,000 square feet (1,000 square feet office space and 8,000 square feet of warehoys-¥-S-~ce), as measured from the outside walls of the Demised Premises to the center of the partition wall, as shown Premises. "Common Areas" - The term "common area" means the entire areas to be used for the non-exclusive use by Lessee and other lessees in the Building, including, but not limited to, corridors, lavatories, driveways truck docks, park ngots and landscaped areas. Subject to reasonable rules and regulations promulgated by Lessor, the common areas are hereby made available to Lessee and its employees agents, customers and invitees for reasonable use in common with other lessees, the r emp oyees, agents, customers and nv tees. WITNESSETH: TERM: 1. For and in consideration of the rents, additional rents, terms, provisions and covenants herein contained. Lessor hereby lets, leases and demises to Lessee the Demised Premises for the term of one (1)year commencin_a on the 1~t dav of August, 2002 (sometimes called "the Commencement Date") and expiring July 31, 2003 (sometimes ~:alled "Exo ra{ion Da[e"), unless sooner terminated as hereinafter provided. - - ' ' , BASE RENT: 2. Lessor reserves and Lessee shall pay Lessor a total rental of See Rider payable n advance, in equa monthly installments of See Rider commencing on the Commencement Date and continuing on the first day of each and every month thereafter for the next succeeding months duringthe balance of the term. In the event the Commencement Date falls on a date other than the first of a month the rental for that month shall be prorated and adjusted accordingly. ADDITIONAL RENT: 3. (Intentionally Omitted) COVENANT TO PAY RENT: 4. The covenants of Lessee to pay the Base Rent and the Additional Rent are each independent of any other covenant, condition, provision or agreement contained in this Lease. All rents are payable t-o Lessor c/o United Properties, NW-9044, P.O. Box 1450, Minneapolis, MN 55485-9044 or at such other address Landlord shall notify Tenant from time to time. UTILITIES: 5. Lessor shall provide mains and conduits to supply water, gas, electricity and sanitary sewage to (he Premises. Lessee shall pay, when due, all (~harges for sewer usage or rental, garbage disposal, refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or energy source furnished to the Demised Premises during the term of this Lease, or any renewal or extension thereof. If Lessor elects to furnish Ofwany of the foregoing utility services or other services urnished or caused to be furnished to Lessee, then the rate charged by Lessor shall not exceed the rate Lessee ould be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. The charges thereof shall be deemed additional rent in accordance with Article 3. CARE AND REPAIR OF DEMISED PREMISES: 6. Lessee shall, at all times throughout the term of this Lease, including renewals and extensions, and at ts sole expense, keep and maintain the Demised Prem ses in a clean, safe, sanitary and first class condition and n compliance with all applicable laws codes ordinances, rules and regulations. Lessee's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if neceSsary of heating, air conditioning fixtures, equipment, and systems, all lighting and plumbing fixtures and equipment, fixtures motors and machinery, all interior walls partitions doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary and all such repairs made by the Lessee shall be equal in quality and class to the the quality and class that existed as of the date of this Lease. The Lessee shall keep and maintain all portions of the Demised Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. 6.1 If Lessee fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease after 30 day notice shall have been given Lessee, in -3812- OFFICENVAREHOUSE LEASE accordance with Article 33 of this Lease, Lessor may make such repairs without liability to Lessee for any loss or damage that may accrue to Lessee's merchandise, fixtures or other property or to Lessee's business by reason thereof, and upon completion thereof Lessee shall pay to Lessor all costs plus 15% for overhead incurred by Lessor in making such repairs upon presentation to Lessee of bill therefor. 6.2 Lessor shall repair at its expense, the structural portions of the Buildincj, provided however where structural repairs are requ~redto be made by reason of the acts. of Lessee, the costs thereof shall be bome by Lessee and payable by Lessee to Lessor upon demand. 6.3 The Lessor shall be responsible for all outside maintenance of the Demised Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Lessor shall be provided as reasonably necessary to the comfortable use and occupancy of Demised Premises during business hours, excep, t Saturdays, Sundays and holidays, upon the condition that the Lessor shall not be liable for damages for failure to do so due to causes beyond its control. SIGNS: 7. Any sign, lettering picture, notice or advertisement installed on or in any g..art of the Premises and visible from the exterior of the Building or visible from exterior of the Demised Premises, shall be approved and installed by Lessor at Lessee's expense. In the event of a violation of the foregoing by Lessee Lessor may remove the same without any liability and may charge the expense incurred by such removal to Lessee. ALTERATIONS, INSTALLATION, FIXTURES: 8. Except as hereinafter provided, Lessee shall not make any alteration, additions, or improvements in or to the Demised Premises or add, disturb or in any way change any plumbing or wiring therein without the prior written consent of the Lessor. In the event alterations are required by any governmental agency b~, reason of the use and occupancy of the Demised Premises by Lessee, Lessee shall make such alterations at its own cost and expense after first obtaining Lessor's approval of plans and specifications therefor and furnishing such indemnification as Lessor may reasonably require against liens, costs, damages and expenses arising out or-such alterations. Alterations or additions by Lessee must be built in compliance with all laws, ordinances and ~overnmental regulations affecting the Premises and essee shall warrant to Lessor that all such alterations, additions, or improvements shall be in strict compliance with all relevant laws, ordinances governmental regulations, and insurance requirements. Construction of such alterations or additions shall commence only upon Lessee obtaining and exhibiting to Lessor the requisite approvals, licenses and permits and indemnification against liens. All alterations, installations, physical additions or improvements to the Demised Premises made by Lessee shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease; provided, however, this clause shall not apply to movable equipment or furniture owned by Lessee which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default. Lessee shall be resp. onsible for all costs related to improvements or modifications to the Demised Premises required or necessary to comply with the Americans With Disabilities Act of 1990 (ADA), or similar statutes or law. Dec~ 1 &~02.5"~2 "AS IS;" POSSESSION: 9. . Lessee acknowledges and agrees that it shall be leas!.n,g the Dem, ised Premises in their existing "as is" conok~on without any obligation on the part of Lessor to make any alterations, modifications or improvements thereto or provide any allowances therefor. Except as hereinafter provided Lessor shall deliver possession of the DemisedPremises to Lessee in the condition required by this Lease on or before the Commencement Date, but delivery of possession prior to or later than such Commencement Date shall not affect the expiration date of this Lease. The rentals herein reserved shall commence on the Commencement Date, provided if the Demised Premises are not ready for occupancy by Commencement Date and possession is later than Commencement Date, rent shall begin on date of oeOSSession, or the date the Demised Premises are ready r occupancy whichever occurs first. Any occupancy by ssee prior to the beginning of the term shall in all respects be the same as that of a Lessee under this Lease. Lessor shall have no responsibility or liability for loss or damage to fixtures facilities or equipment installed or eft on the Demised Premises. SECURITY AND DAMAGE DEPOSIT: 10. (Intentionally Omitted) USE: 11. The Demised Premises shall be used and occupied by Lessee solely for the purposes of general office, warehouse and light manufacturing~ so long as such use is in compliance with all ap~3]icable laws, ordinances and governmental regulations affecting the Building and Premises. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Lessor shah be obliged on account of the purpose or manner of said use to make any addition or alteration to or in the Building. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Premises. Lessee shall occupy the Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful, and reputable and will not permit or create any nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Lessor in its management of the Building. Lessee's use of the Demised Premises shall conform to all the Lessor's rules and regulations relating to the use of the Premises. Outside storage on the Premises of any type of equipment, property or materials owned or used on the Premise by Lessee or its customers and suppliers shall not be permitted. ACCESS TO DEMISED PREMISES: 12. The Lessee agrees to permit the Lessor and the authorized representatives of the Lessor to enter the Demised Premises at all times during usual business hours for the purpose of inspecting the same and making any necessary repairs to the Demised Premises and pe~orming any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority or of the Board of Fire Underwriters or any similar body or that the Lessor may deem necessary to prevent waste or deterioration ir, connection with the Demised Premises. Nothing herein shall imply any duty upon the part of the Lessor to do any such work which, under any provision of this Lease, the Lessee may be required to perform and the performance -3813- OFFICE/WAREHOUSE LEASE thereof by the Lessor shall not constitute a waiver of the Lessee's default in failing to perform the same. The Lessor may, during the progress of any work. in the Demised Premises, keep and store upon the Demised Premises all necessary materials, tools and equipment. The Lessor shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of the Lessee by reason of making repairs or the performance of any work in the Demised Premises, or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof and the obligations of the Lessee under this Lease shall not thereby be affected in any manner whatsoever. 12.1 Lessor reserves the right to enter upon the Demised Premises at any time in the event of an emergency and at reasonable hours upon reasonable verbal notice to exhibit the Demised Premises to ~3rospective purchasers or others; and to exhibit the emised Premises to prospective Lessees and to the display "For Lease" or similar signs on windows or doors in the Demised Premises during the last 120 days of the term of this Lease, all without hindrance or molestation by Lessee. EMINENT DOMAIN: 13. In the event of any eminent domain' or condemnation proceeding or private sale in lieu thereof in respect to the Premises during the term thereof the follow ng prov sons shall apply: a. If the whole of the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then the term of this ,~,Lease shall cease and terminate as of the date ~possession shall be taken in such proceeding and all rentals shall be paid up to that date. b. If any part constituting less than the whole of the Premises shall be acquired or condemned as aforesaid, and in the event that such partial taking or condemnation shall materially affect the Demised Premises so as to render the Demised Premises unsuitable for the business of the Lessee, in the reasonable opinion of Lessor, then the term of this Lease shall cease and terminate as of the date possession shall be taken by the condemning authority and rent shall be paid to the date of such termination. c. In the event of a partial taking or condemnation of the Premises which shall not materially affect the Demised Premises so as to render the Demised Premises unsuitable for the business of the Lessee, in the reasonable opinion of the Lessor this Lease shall continue in full force and effect but with a proportionate abatement of the Base Rent and Additiona/Rent based on the portion, if any, of the Demised Premises taken. Lessor reserves the right, at its option, to restore the Building and the Demised Premises to substantially the same condition as they were prior to such condemnation. In such event, Lessor shall give written notice to Lessee, within 30 days following the date possession shall be taken by the condemning authority, of Lessor's intention to restore. Upon Lessor's notice of election to restore, Lessor shall commence restoration and shall restore the Building and the Demised Premises with reasonable promptness, subject to delays beyond Lessor's control and delays in the making of condemnation or sale ,~, proceeds adjustments by Lessor; and Lessee shall have ~no right to terminate this Lease except as herein provided. '~Upon completion of such restoration, the rent shall be adjusted based upon the portion, if any, of the Demised Premises restored. DOC# 1820~5'A2 d. In the event of any condemnation or taking as aforesaid, whether whole or partial, the Lessee shall not be entitled to any part of the award paid for such condemnation and Lessor ~s to receive the full amount of such award, the Lessee hereby expressly waiving any right to claim to any part thereof. e. Although all damages in the event of any condemnation shall belong to the Lessor whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the Demised Premises, Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and al[damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, fixtures, leasehold improvements and equipment. However, Lessee shall have no claim againstLessor or make any claim with the condemning authority for the loss of its leasehold estate, any unexpired term or loss of any possible renewal or extension of said lease or loss of any possible value of said lease, any unexpired term renewal or extension of said Lease. DAMAGE OR DESTRUCTION: 14. In the event of any damage or destruction to the Premises by fire or other cause during the term hereof, the following provisions shall apply: a. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Lessor, will equal or exceed thirty percent (30%) of the replacement value of the Building (exclusive of foundabons) just prior to the occurrence of the damage, then Lessor may, no later than the sixtieth (60th) day following the damage, give Lessee written notice of Lessor's election to terminate this Lease. b. If the cost of restoration as estimated by Lessor will equal or exceed 50% of said replacement value of the Building and if the Demised Premises are not suitable as a result of said damage for the purposes for which they are demised hereunder, in the reasonable opinion of-Lessee, then Lessee may, no later than the 60th day following the damage, give Lessor a written notice of election to terminate this Lease. c. If the cost of restoration as estimated by Lessor shall amount to less than 30% of said replacement value of the Building or if, despite the cost, Lessor does not e ect to terminate this Lease, Lessor shall restore the Building and the Demised Premises with reasonable promptness, subject to delays beyond Lessor's control and delays in the making of insurance adjustments by Lessor; and Lessee shall not be responsible for restoring or repairing leasehold improvements of the Lessee. d. In the event of either of the elections to terminate, this Lease shall be deemed to terminate on the date of the receipt of the notice of election and all rents shall be paid up to that date. Lessee shall have no c a m against Lessor for the value of any unexpired term of this Lease. e. In any case where damage to the Building shall materially affect the Demised Premises so as to render them unsuitable in whole or in part for the purposes for which they are demised hereunder then, unless such destruction was wholly or partially caused by the negligence or breach of the terms of th~s Lease by Lessee, its employees, contractors or licensees, a I~ortion of the rent based upon the amount of the extent which the Demised Premises are rendered unsuitable shall be -3814- OFFICE/WAREHOUSE LEASE abated until repaired or restored. If the destruction or damage was wholly or partially caused by negligence or breach of the terms of this Lease by Lessee as aforesaid and if Lessor shall elect to rebuild, the rent shall not abate and the Lessee shall remain liable for the same. CASUALTY INSURANCE: 15. Lessor shall at all times during the term of this Lease, at its expense, maintain apolicy or policies of insurance with premiums paid in advance issued by an insurance company licensed to do business in the State of Minnesota insunng the Building against loss or damage by fire, explosion or other insurance hazards and contingencies for the full replacement value, provided that Lessor shall not be obligated to insure any fumiture, equipment, machinery, goods or supplies not covered by th~s Lease which Lessee may bring upon the Demised Premises or any additional improvements which Lessee may construct or install on the Demised Premises. 15.1 Lessee shall not carry any stock of goods or do anything !n or.about the Demised Premises which will in any way impa~r or invalidate the obligation of the insurer under any policy of insurance requiredby this Lease. 15.2 Lessor hereby waives and releases all claims, liability and causes of action against Lessee and its agents, servants and employees for loss or damage to, or destruction of, the Premises or any portion thereof, including the buildings and other improvements situated thereon, resulting from fire, explosion and other perils included in standard extended coverage insurance, whether caused by the negligence of any of said persons. or otherwise. Likewise Lessee hereby waives ana releases all claims, liabilities and causes of action against Lessor and its agents, servants and employees for loss or damage to, or destruction of, any of the improvements, fixtures, equipment, supplies, merchandise and other property, whether that of Lessee or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance, whether caused by the negligence of any of said persons or otherwise. The waiver shall remain in force whether or not the Lessee°s insurer shall consent thereto. 15.3 In the event that the use of the Demised Premises by Lessee increases the premium rate for insurance carried by Lessor on the improvements of which the Demised Premises are a part, Lessee shall pay Lessor, upon demand, the amount of such premium increase. If Lessee installs any electrical equipment that overloads the power lines to the building or its wiring, Lessee shall, at its own expense, make whatever changes are necessary to comply with the requirements of the insurance underwriter, insurance rating bureau and governmental authorities having jurisdiction. PUBLIC LIABILITY INSURANCE: 16. Lessee shall during the term hereof, keep in full force and effect at its expense a policy or policies of public liability insurance with respect to the Demised Premises and the business of Lessee in which both Lessee and Lessor shall be covered by being named as insured parties under reasonable limits of liability not less than: $1,000,000.00 per occurrence, $2,000,000.00 aggregate using current ISO General Liability forms or equ~val-ent. Such policy or policies shall prowde that ten (10) days written notice must be given to Lessor prior to cancellation thereof. Lessee shall furnish evidence satisfactory to Lessor at the time this Lease is executed that such coverage is in full force and effect. DO~ 1620257~2 DEFAULT OF LESSEE: 17. In the event of any failure of Lessee to pay any rental due hereunder within 10 days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than 30 days after wr tten notice of such failure shall have been given to Lessee or if Lessee or an agent of Lessee shall falsify any report required to be fumished to Lessor pursuant to the terms ofthis Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to their rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becom, ing liable for any loss or damage which may be occasioned thereby. 17.1 Should Lessor elect to re-enter the Demises Premises, as herein provided, or should it take possession of the Demised Premises pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from tithe to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Demised Premises, and relet the Demised Premises or any part thereof upon such term or terms (which may be for a term extending beyond the term of this lease) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable. Upon each such subletting all rentals received by the Lessor from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such reletting, including brokerage fees and affomey's fees and costs of such alterations and repairs; third, to the payment of the rent due and unpaidpayment of future rent as the same may become due and payable hereunder. If such rentals received from such releffing during any month be less than that to be paid during [hat month by Lessee hereunder, Lessee, upon demand, shall pay any such deficiency to Lessor. No such re-entry or taking possession of the Demised Premises by Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time after such re-entry and reletting elect to terminate this Lease for any such breach, in addition to any other remedies it may have it may recover from Lessee all damages it may incur by reason of such breach including the cost of recovering the Demised Premises, reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Demised Premises for the remainder of -3815- OFFICE/WAREHOUSE LEASE the stated term, all of which amounts shall be immediately due and payable from Lessee to Lessor. 17.2 Lessor may, at its option, instead of exercising any other rights or remedies available to it in this Lease or otherwise by law, statute or equity, spend such money as is reasonably necessary to cure any default of Lessee herein and the amount so spent, and costs incurred, including attorney's fees in cunng such default, shall be paid byLessee, as additional rent, upon demand. 17.3 In the event suit shall be brought for recovery of possession of the Demised Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Lessee to be kept or performed, and a breach shall be established, Lessee shall pay to Lessor all expenses incurred therefor, including a reasonable attorney's fee, together with interest on all such expenses at the rate of 12% per annum from the date of such breach of the covenants of this Lease. 17.4 Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of the Demised Premises, by reason of the violation by Lessee of any of the covenants or conditions of this Lease, or otherwise. Lessee also waives any demand for possession of the Demised Premises, and any demand for payment of rent and any notice of intent to re-enter the Demised Premises, or of intent to terminate this Lease, other than the notices above provided in this Article, and waives any and every other notice or demand prescribed by any applicable statutes or laws. 17.5 No remedy herein or elsewhere in this Lease or othe~ ;e by law, statute or equity, conferred upon or reserved to Lessor or Lessee shall be exclusive of any other remedy, but shall be cumulative, and may be exercised from time to time and as often as the occasion may arise. COVENANTS TO HOLD HARMLESS: 18. Unless the liability for damage or loss is caused by the negligence of Lessor, its agents or employees, Lessee shall hold harmless Lessor from any liability for damages to any person or property in or upon the Demised Premises and the Premises, including the person and the property, of Lessee and its empIoy, ees and allpersons in the Building at its or their ~nwtation or sufferance, and from all damages resulting from Lessee's failure to perform the covenants of th~s Lease. All property kept, maintained or stored on the Demised Premises shall be so kept, maintained or stored at the sole risk of Lessee. Lessee agrees to pay all sums of money in respect of any labor, service materials, supplies or equipment furnishedor alleged to have been furnished to Lessee in or about the Premises, and not furnished on order of Lessor, which may be secured by any Mechanic's, Materialmen's or other lien to be discharged at the time performance of any obligation secured thereby matures, provided that Lessee may contest such lien but if such lien is reduced to final judgment and if such judgment or process thereon is not stayed, or if stayed and said stay expires, then and in each such event, Lessee shall forthwith pay and discharge said judgment. Lessor shall have the right to post and maintain on the Demised Premises, not~ces of non-responsibility under laws of the State of Minnesota. NON.LIABILITY: 19. Subject to the terms and conditions of Article 14 hereof, Lessor shall not be liable for damage to any property of Lessee or of others located on the Premises, nor for the loss of or damage to any property of Lessee or of others by theft or otherwise. Lessor shah not be liable for any injury or damage to persons or property resulting from fire, explosion, any injury or damage to persons or property resulting from fire, explosion, falling plaster steam, gas, electricity, water, rain or snow or leaks from any part of the Premises or from the pipes appliances, or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any such damage caused by other Lessees or persons in the Premises, occupants of adjacent property, of the buildings, or the public or caused by operations in construction of any private, public or quasi-public work. Lessor shall not be liable for any latent defect in the Demised Premises. All property of Lessee kept or stored on the Demised Premises shall be so kept or stored at the risk of Lessee only and Lessee shall hold Lessor harmless from any claims arising out of damage to the sam. e, including subrogation claims by Lessee's insurance carrier. SUBORDINATION: 20. This Lease shall be subordinated to any mortgages that may not exist or that may hereafter be placed upon the Demised Premises and to any and all advances made thereunder, and to the interest upon the indebtedness evidenced by such mortgages and to all renewals, replacements and extensions thereof. In the event of execution by Lessor after the date of this Lease of any such mortgage, renewal, replacement or extension, Lessee agrees to execute a subordination agreement with the holder thereof which agreement shall provide that: a. Such holder shall not disturb the possession and other rights of Lessee under this Lease so long as Lessee is notin default hereunder, b. In the event of acquisition of title to the Demised Premises by such holder, such holder shall accept the Lessee as Lessee of the Demised Premises under the terms and conditions of this Lease and shall perform all the obligations of Lessor hereunder, and c. The Lessee shall recognize such holder as Lessor hereunder. 20.1 Lessee shall, upon receipt of a request from Lessor therefor, execute and deliver to Lessor or to any proposed holder of a mortgage or trust deed or to any proposed purchaser of the Premises, a certificate in recordable form, certifying that this Lease is in full force and effect, and that there are no offsets against rent nor defenses to Lessee's performance under this Lease, or setting forth any such offsets or defenSes claimed by Lessee as the case may be. ASSIGNMENT OR SUBLETTING: 21. Lessee agrees to use and occupy the Demised Premises throughout the entire term hereof for the purpose of purposes herein specified and for no other purposes, in the manner and to substantially the extent now intended, and not to transfer or assign this Lease or sublet said Demised Premises, or any part thereof, whether by voluntary act operation of law, or otherwise, without obtaining the prior written consent of Lessor in each instance. Lessee shall seek such consent of Lessor by a written request therefor, setting forth such information as Lessor may deem necessary. Lessor agrees not to withhold consent unreasonably. Consent by -3816- OFFICE/WAREHOUSE LEASE Lessor to any assignment of this Lease or to any subletting of the Demised Premises shall not be a waiver of Lessor's rights under this Article as to any subsequent assignment or subletting. Lessor's rights to assign this Lease are and shall remain unqualified. No such assignment or subleasing shall relieve the Lessee from any of Lessee's obligations in this Lease contained, nor shall any assignmentor sublease or other transfer of this Lease be effective unless the assign, ee, sublessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Lessor, its successors or assigns, all of the terms, covenants and conditions of this Eease thereafter to be performed by Lessee and shall agree in writing to be bound thereby. Should Lessee sublease in accordance with the terms of this Lease, 100% of any increase in rental received by Lessee over the per square foot rental rate which is being paid by Lessee shall be forwarded to and retained by Lessor, which increase shall be in addition to the Base Rent and Additional Rent due Lessor under this Lease. ATTORNMENT: 29 or elsewhere in this Lease, if Lessor requests then Lessee will promptly remove at the sole cost and expense of Lessee all fixtures, equipment and alterations made by Lessee simultaneously with vacating the Demised Premises and Lessee will promptly restore said Demised Premises to the condition that existed immediately prior to said fixtures, equipment and alterations having been made all at the sole cost and expense of Lessee. QUIET ENJOYMENT: 26. Lessor warrants that it has full right to execute and to perform this Lease and to grant the estate demised, and that Lessee, upon payment of the rents and other amounts due and the performance of all the terms, conditions, covenant and agreements on Lessee's part to be observed and performed under this Lease, may peaceably and quietly enjoy the Demised Premises fOr the bus~ness uses permitted hereunder, subject, nevertheless, to the terms and conditions of this Lease. RECORDING: 22. In the event of a sale or assignment of Lessor's interest, in the Premises, or the Budding in which the Demised Premises are located, or this Lease, or if the Premises come into custody or possession of a mortgagee or any other party whether because of a mortgage foreclosure, or otherwise, Lessee shall attorn to such assignee or other party and recognize such party as Lessor hereunder; provided, however, Lessee's peaceable possession will not be disturbed so long as Lessee faithfully performs its obligations under this Lease. Lessee shall execute, on demand, any attornment agreement required by any such party to be executed, containing such provisions and such other provisions as such party may require. NOVATION IN THE EVENT OF SALE: 23. In the event of the sale of the Demised Premises, Lessor shall be and hereby is relieved of all of the covenants and obligations created hereby accruing from and after the date of sale, and such sale shall result automatically in the purchaser assuming and agreeing to carry out all the covenants and obligations of Lessor herein. Notwithstanding the foregoing provisions of this Article, Lessor, in the event of a sale of the Demised Premises, shall cause to be included in this agreement of sale and purchase a covenant whereby the purchase of the Demised Premises assumes and agrees to carry out all of the covenants and obligations of Lessor herein. 23.1 The Lessee agrees at any time and from time to time upon not less than 10 days prior written request by the Lessor to execute, acknowledge and deliver to the Lessor a statement in writing cert~ing that this Lease is unmodified and in full force and effect as modified and stating the modifications, and the dates to which the basic rent and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser of the fee or mortgagee or, assignee of any mortgage upon the fee of the Demiseo Premises. SUCCESSORS AND ASSIGNS: 24. The terms, covenants and conditions hereof shall be binding upon and inure to the successors and assigns of the parties hereto. REMOVAL OF FIXTURES: 25. Notwithstanding anything contained in Article 8, DOC~ 1~2~257~. 27. Lessee shall not record this Lease without the written consent of Lessor, However, upon the request of either party hereto, the other party shall join in the execution of the Memorandum lease for the purposes of recordation. Said Memorandum lease shall describe the parties, the Demised Premises and the term of the Lease and shall incorporate this Lease by reference. This Article 27 shall not be construed to limit Lessor's right to file this Lease under Article 22 of this Lease. OVERDUE PAYMENTS: 28. All monies due under this Lease from Lessee to Lessor shall be due on demand, unless otherwise specified and if not paid when due, shall result in the imposition of a service charge for such late payment in the amount of 12% of the amount due. SURRENDER: 9. On the Expiration Date o_r upo.n, the_. termination ereof upon a day other than the ~-xp~ration uate, Lessee shall peaceably surrender the Demised Premises broom- clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be re[3airedby Lessee and at its expense. All alterations, addibons, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration of termination of th~s Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify Lessor against loss or liability, claims without limitation, made by any succeeding Lessee founded on such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises. HOLDING OVER: 30. In the event of a holding over by Lessee after -3817- OFFICE/WAREHOUSE LEASE expiration or termination of this Lease without the consent in writing of Lessor, Lessee shall be deemed a lessee at .~,. sufferance and shall pay rent for such occupancy at the rate..°f bNice the last-current aggregate Base and. t~Add~bonal Rent, prorated for the entire holdover period, plus all attorney's fees and expenses incurred by Lessor ~n enforcing its rights hereunder, plus any other damages occasioned by such holding over. Except as otherwise agreed any holding over with the written consent of Lessor shall constitute Lessee a month-to-month essee. ABANDONMENT: 31. In the event Lessee shall remove its fixtures, equipment or machinery or shall vacate the Demised Premises or any part thereof prior to the Expiration Date of this Lease, or shall discontinue or suspend the operation of its business conducted on the Demised Premises for a period of more than 90 consecutive days (except during any time when the Demised Premises may be rendered untenantable by reason of fire or other casualty), then in any such event Lessee shall be deemed to have abandoned the Demised Premises and Lessee shall be in default under the terms of this Lease. CONSENTS BY LESSOR: 32. Whenever provision is made under this Lease for Lessee securing the consent or approval by Lessor, such. consent or approval shall only be in writing. NOTICES: 3.3. A~,y noti.ce r%quired or permitted under, t.h. is Lease snail be (]eemeo sumciently g~ven or secure(] it sent by istered or certified return receipt mail to Lessee at Shoreline Drive, Mound, Minnesota and to Lessor United Properties, 3500 West 80th Street, Suite 200, Bloomington, MN 55431 attn: Vice President of Property Management and either party may by like written notice at any time designate a different address to which notices shall subsequently be sent or rent to be paid. RULES AND REGULATIONS: 34. Lessee, its employees and all person visiting or doing business with Lessee in the Demised Premises shall be bound by and shall observe the reasonable rules and regulations made by Lessor relating to the Demised Premises or the Building or the Premises of which notice in writing shall be given to the Lessee, and all such rules and regulations shall be deemed to be incorporated into and form a part of this Lease. INTENT OF PARTIES: 35. Except as otherwise provided herein, the Lessee covenants and agrees that if it shall any time fail to Ray any such cost or expense, or fail to take out, pay for, maintain or deliver any of the insurance policies above required, or fail to make any other payment or perform any other act on its part to be made or performed as in this Lease provided, then the Lessor may, but shall not be obligated so to do, and upon 30 days prior written notice to or demand upon the Lessee and without waiving or releasing the Lessee from any obligations of the Lessee in this Lease contained, pay any such cost or expe. nse, effect any such insurance coverage and pay premiums ~therefor, and may make any other payment or perform ~any other act on the part of the Lessee to be made and '~' performed as in this Lease provided, in such manner and to such extent as the Lessor may deem desirable, and in exercising any such right, to also pay all necessary and incidentarcosts and expenses, employ counsel and incur and pay reasonable attorneys' fees. All sums so paid by Lessor and all necessary and incidental costs and expenses in connection with the performance of any such act by the Lessor, together with interest thereon at the rate of 12% per annum from the date of making of such expenditure, by Lessor, shall be deemed additional rent hereunder, and shall be payable to Lessor on demand. Lessee covenants to pay any such sum or sums with interest as aforesaid and the Lessor shall have the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of the Base Rent payable under this Lease. GENERAL: 36. The Lease does not create the relationship of principal agent or of partnership or of joint venture or of any association between Lessor and Lessee, the sole relationship between the parties hereto being that of Lessor and Lessee. 36.1 No waiver of any default of Lessee hereunder shall be implied from any omission by Lessor to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Lessor shall not then be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent to or approval by Lessor of any act by Lessee requiring Lessor's consent or approval shall not waive or render unnecessary Lessor's consent to or approval of any subsequent similar act by Lessee shall be construed to be both a covenant and a condition. No action required or Deermitted to be taken by or on behalf of Lessor under the rms or provisions of this Lease shall be deemed to constitute an eviction or disturbance of Lessee's possession of the Demised Premises. All preliminary negotiations are merged into and incorporated in this Lease. The laws of the State of Minnesota shall govern the validity, performance and enforcement of this Lease. a. This Lease and the exhibits, if any, attached hereto and forminga part hereof, constitute the entire agreement between Lessor and Lessee affecting the Demised Premises and there are no other agreements, subsequent alteration, amendment, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and executed in the same form and manner in which th~s Lease is executed. b. If any agreement, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such agreement, covenant or condition to persons or circumstances other than those as to which it ~s held invalid or unenforceable, shall not be affected thereby and each agreement, covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. HAZARDOUS MATERIAL: 37. The Demised Premises hereby leased shall be used by and/or at the sufferance of Lessee only for the purpose set forth in Article 11 above and for no other 3urposes. Lessee shall not use or permit the use of the emised Premises in any manner that'will tend to create waste or a nuisance, or will tend to unreasonably disturb other Lessees in the Building or the Premises. 37.1 Lessee covenants through the Lease Term, at Lessee's sole cost and expense, promptly to comply with all laws and ordinances and the orders, rules and -3818- OFFICE/WAREHOUSE LEASE regulations and requirements of all federal, state and municipal governments and appropriate departments, commission, boards, and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises are situated, or any other body now or hereafter as well as extraordinary, and whether or not the same require structural repairs or alterations, which may be applicable to the Demised Premises, or the use or manner of use of the Demised Premises. Lessee will likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any time in force with respect to the building and improvements on the Demised Premises and the equipment thereof. 37.2 In the event any Hazardous Material (hereinafter defined) is brought or caused to be brought into or onto the Demised Premises, the Building or the Premises by Lessee, Lessee shall handle any such material in compliance with all applicable federal, state ,a, nd/or local regulations. For purposes of this Article, Hazardous Material" means and includes any hazardous, toxic or dangerous waste, substance or material defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, any so-called "Superfund" or "Superlien" law, or any federal, state or local statute, law, ordinance, code, rule, regulation, order decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or materials, as now or at any time hereafter in effect. Lessee shall submit to Lessor on an annual basis copies of its approved hazardous materials communication plan, OSHA monitoring plan, and permits required by the Resource RecoverY and Conservation Act of 1976, if Lessee is required to prepare, file or obtain any such plans or permits. Lessee will indemnify and hold harmless Lessor from any losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees) which Lessor may suffer or incur as a result of Lessee's introduction into or onto the Demised Premises, Building or Premises of any Hazardous Material. This Article shall survive expiration or sooner termination of this Lease. CAPTIONS: the 38. The captions are inserted only as a matter of convenience and for reference, and in no wa~/define, limit or describe the scope of this Lease nor the ~ntent or any provision thereof. ATTACHMENTS: 39. See also rider attached hereto and made a part hereof containing Article 42 as well as Exhibits A through B, inclusive, which Exhibits are attached hereto and made a part hereof. Exhibit Description ~A Legal Description Exhibit B Demised Premises SUBMISSION: 40. Submission of this instrument to Lessee or proposed Lessee or his agents or attorneys for examination, review, consideration or signature does not constitute or imply an offer to lease reservation of space, or option to lease, and this instrument shall have no binding legal effect until execution hereof by both Lesso~/Owner and Lessee or its agents. REPRESENTATION: 41. It is agreed and understood that Chris Hickok and Mark Sims agents or brokers with United Properties Brokerage LLC are representing Balboa Center Limited Partnership, Lessor and is representing , Lessee. IN WITNESS WHEREOF, the Lessor and the Lessee have caused these presents to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. Lessee: CITY OF MOUND, a Minnesota municipal corporation By: Its: Lessor: BALBOA CENTER LIMITED PARTNERSHIP, a Texas limited partnership By: Shoreline Boulevard LLC Its: General Partner By: Kirt C. Woodhouse Its: Mana.qer STATE OF MINNESOTA /ss: COUNTY OF HENNEPIN On this day of August, 2002, personally came before me, a Notary. Public within and for said County, Kirt C. Woodhouse, general partner, of Balboa Center Limited Partnership, a Texas limited partnership, on behalf of the partnership. Notary Public -3819- OFFICE/WAREHOUSE LEASE STATE OF MINNESOTA /ss: COUNTY OF HENNEPIN ~'On this day of August, 2002, personally came before me, a Notary Public within and for said County, -- and the and of City of Mound, a Minnesota mumcipal corporation, on behalf of the corporation. Notary Public -3820- OFFICE/WAREHOUSE LEASE RIDER TO LEASE BETWEEN BALBOA CENTER LIMITED PARNTERSHIP AND CITY OF MOUND Base Rent is payable pursuant to Article 2 as follows: LEASE YEAR ANNUAL BASE RENT MONTHLY BASE RENT ANNUAL BASE RENT PER SQ. FT. Office Space $11,000.00 $916.67 $11.00 (1,000 square feet) Warehouse Space $40,000.00 $3,333.33 $5.00 (8,000 square feet) TOTAL $4,250.00 MONTHLY PAYMENT ARTICLE 42: RIGHT OF SUBSTITUTION Lessor reserves the right, on thirty (30) days notice to Tenant, to substitute other premises in the Building for the Demised Premises hereunder. The substituted premises shall contain substantially the same square footage (office and warehouse), shall contain comparable improvements, and the Base Rent shall not exceed the Base Rent per square foot specified in Article 2 hereof. -3821 - AMENDMENT TO THE WESTERN AREA FIRE TRAINING ASSOCIATION JOINT POWERS AGREEMENT THIS AMENDMENT made and entered into this __ day of ., 2002 by and between the members of the WESTERN AREA FIRE TRAINING ASSOCIATION ("Association"). WHEREAS, in 1974 the following municipalities entered into a Joint Powers Agreement for the purpose of providing a fire training facility for full time and volunteer fire fighters: Chanhassen, Chaska, Eden Prairie, Excelsior, Long Lake, Mound, Mayer, St. Bonifacius, Victoria, Maple Plain, and Watertown; WHEREAS, the members of the Association jointly acquired a former Nike Battery site in St. Bonifacius, Carver County ("W.A.F.T.A. site") for conducting fire training activities; WHEREAS, the Association no longer conducts fire training activities at the W.A.F.T.A. site; WHEREAS, the W.A.F.T.A. site must be evaluated for possible environmental contamination and may require remediation of any environmental contamination prior to sale of the site; WHEREAS, an efficient and timely means of decision-making by the Association with respect to the W.A.F.T.A. site is necessary to effectuate the environmental assessment and any remediation activities that are necessary at the site, and sale of the W.A.F.T.A. site. NOW, THEREFORE, in consideration of the terms and conditions herein, the members of the Association agree as follows: 1. Article VII, Section 1 of the Joint Powers Agreement is amended as follows: Section 1. Appointment. The Executive Committee shall consist of five directors selected by the Board for terms corresponding to their regular term of office as director. Of the five members of'the Executive Committee, three members shall be designated as either a Chairman, Vice-Chairman, or Secretary-Treasurer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on 25289 -3822- the dates appearing below pursuant to resolution of their Councils. Date: ,2002. CITY OF CHANHASSEN BY: Its Mayor Date: ,2002. AND Its Manager CITY OF CHASKA BY: Its Mayor Date: ,2002. AND Its Administrator CITY OF EDEN PRAIRIE BY: Its Mayor Date: ,2002. Its Manager CITY OF EXCELSIOR BY: Its Mayor AND Its Manager 25289 -3823- Date: Date: Date: Date: ,, 2002. ,2002. ., 2002. ., 2002. CITY OF LONG LAKE BY: Its Mayor AND Its Administrator CITY OF MOUND BY: Its Mayor AND Its Manager CITY OF MAYER BY: Its Mayor AND Its Clerk CITY OF ST. BONIFACIUS BY: Its Mayor AND Its Clerk 25289 -3824- Date: Date: Date: .,2002. ,2002. ,2002. CITY OF VICTORIA BY: Its Mayor AND Its Administrator CITY OF MAPLE PLAIN BY: Its Mayor AND Its Clerk CITY OF WATERTOWN BY: Its Mayor AND Its Administrator 25289 -3825- 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: Kandis Hanson SUBJECT: CSAH 15 Right of Way DATE: August 8, 2002 The agreement with Hennepin County related to the acquisition of right of way required for the CSAH 15 relocation will be presented for consideration at the August 13 Council meeting. The agreement will outline responsibility for administration and financing for the acquisition. Basically, the City will be splitting the acquisition costs. This cost sharing is typical for this type of project. The cost of the acquisition is estimated to be $4.3 million. The City's share is therefore estimated at $2,150,000. As previously presented, (see the attached Ehlers memo date October 15, 2001) it is recommended that this cost be funded by a combination of MSA fund balance of $900,000 (which was accumulated for this purpose) and General Obligation Improvement Bonds. Commitment to fund the right of way cost is an initial step in financing the total CSAH 15 relocation costs. Those costs are preliminarily estimated at $14,050,316. This estimate will be refined after the County completes their final design. The relocation of the highway and downtown redevelopment will also require other costs to be incurred including Xcel transmission line relocation, Metropolitan Council Environmental Services lift station relocation, City well closure, construction of a regional storm water pond, Auditors Road completion and streetscape. A summary of the total project cost is attached. Since this agreement is a further commitment to these expenses it is important that these cost and funding sources be reviewed prior to its approval. 1 } printed on recycled paper -3826- The proposed funding sources include the following: Funding Source Summary Improvement Bond Proceeds* TEA 21 Reserved City Funds County 50/50 ROW cost split County 70/30 construction split Water fund Sewer Fund MSA fund balance (7/31/02) Xcel MetroTransit Xcel franchise (ratepayers) Storm water Bond Proceeds Metro Waste MCWD grit chamber Developer Payment/Assessments Land sale proceeds - Xcel HRA Fund Balance Assessed to owners Total * Requires 20% assessment Amount 3,800,916 636,000 45O,OO0 2,150,000 1,470,000 710,000 200,000 1,130,000 54,000 25,000 525,000 50,000 1,000,000 80,000 1,467,200 90,000 200,000 12,200 14,050,316 The estimated impact on taxpayers is shown on the attached exhibit prepared by Ehlers. Several additional factors relating to this financing include the following: · The improvement financing anticipates assessing approximately $1.5 million) of project costs, primarily to developers. MetroPlains has been assessed $556,675. In order to utilize the improvement financing option and take advantage of the MetroPlains assessment, the bonds would need to be sold prior to the end of this year. · The funding sources do not include land sale proceeds from the sale of Longpre parcel and Mueller Lansing residual parcel. When the City does receive revenues from these parcels the proceeds may be used to reduce debt service or reimburse project expenses. · The City has received $120,000 for the sale of the Post Office site and has not pledged any of the anticipated tax increment ($200,000). These funds could be used to reduce the improvement bonds. However, it is recommended that the funds be retained to reimburse city expenses. 2 -3827- The annual debt levy for the improvement bonds could be reduced by an estimated $110,000 if the City elected to use 50% of the total MSA allocation (maximum permitted) for this purpose. This would obviously reduce the amount of MSA available for street projects and maintenance. Ehlers & Associates has prepared estimated tax impacts for a $5.0 million general obligation bond issue. One million of this issue would be assessed, the balance would be paid from the City general debt levy. Estimated impacts, with and without, contributions from the MSA are shown on separate exhibits. Neither the project estimates nor the financing methods and impacts have changed significantly since the October 2001 discussion on this matter. However, given the timing and importance of this issue it is appropriate to review this information prior to consideration of the County ROW agreement. 3 -3828- City Of Mound, MN Analysis of Tax Impact for Potential Borrowing August 7, 2002 Option One Bond Issue Size Type of Debt Est. Tax Capacity Rates (debt only) Net Tax Capacity (Pay 2002) Annual Levy Increase Increase in Tax Rate $5,105,000 G.O. Bonds 6,384,911.00 355,000.00 5.559984% Taxable Estimated Increase in Taxes Type of Property Market Value for Debt Service Only Residential Homestead Commercial/ Industrial 80,000 100,000 125,000 150,000 175,000 200,000 250,000 300,000 50,000 100,000 200,000 300,000 500,000 $44 $56 $69 $83 $97 $111 $139 $167 $42 $83 $181 $292 $514 -3829- City of Mound, MN Estimated Debt Service less Special Assessments G.O. Bonds, Series 101112002 Par Amount of Bonds TOTAL SOURCES Total Underwriter's Discount (1.200 Costs of Issuance Deposit to Project Construction Fun, Rounding Amount TOTAL USES Date Principal Rate Interest 2/1/2003 2/1/2004 85,000 2.65% 2/1/2005 170,000 3.05% 2/1/2006 175,000 3.55% 2/1/2007 185,000 3.95% 2/1/2008 190,000 4.20% 2/1/2009 200,000 4.45% 2/1/2010 205,000 4.70% 2/1/2011 215,000 4.80% 2/1/2012 225,000 4.95% 2/1/2013 240,000 5.05% 2/1/2014 250,000 5.15% 2/1/2015 265,000 5.25% 2/1/2016 275,000 5.35% 2/1/2017 290,000 5.45% 2/1/2018 310,000 5.55% 2/1/2019 325,000 5.65% 2/1/2020 345,000 5.70% 2/1/2021 365,000 5.70% 2/1/2022 385,000 5.75% 2/1/2023 405,000 5.75% 5,105,000 5,105,000 61,260 40,000 5,000,000 3,740 5,105,000 Total P&I 346 423 257 565 252 380 246 168 238 860 230 880 221 980 212 345 202 025 190 888 178 768 165 893 151 980 137 268 121,463 104,258 85,895 66,230 45,425 23,288 431 423 427 565 427 380 431 168 428 860 43O 88O 426 98O 427 345 427 025 430 888 428,768 430,893 426,980 427,268 431,463 429,258 430,895 431,230 430,425 428,288 Special Assessments Principal Amount 1,000,000 Interest Rate 6.500% Term 20 Start Year (Collection) 2/1/2003 Net SA SA Total Debt Principal Interest Asmnt Service Levy* (25,756) (65,000) (90,756) 340,667 357,700 (27,431) (63,326) (90,756) 336,809 353,649 (29,214) (61,543) (90,756) 336,624 353,455 (31,112) (59,644) (90,756) 340,411 357,432 (33,135) (57,622) (90,756) 338,104 355,009 (35,288) (55,468) (90,756) 340,124 357,130 (37,582) (53,174) (90,756) 336,224 353,035 (40,025) (50,731) (90,756) 336,589 353,418 (42,627) (48,130) (90,756) 336,269 353,082 (45,397) (45,359) (90,756) 340,131 357,138 (48,348) (42,408) (90,756) 338,011 354,912 (51,491) (39,265) (90,756) 340,136 357,143 (54,838) (35,919) (90,756) 336,224 353,035 (58,402) (32,354) (90,756) 336,511 353,337 (62,198) (28,558) (90,756) 340,706 357,741 (66,241) (24,515) (90,756) 338,501 355,426 (70,547) (20,209) (90,756) 340,139 357,146 (75,133) (15,624) (90,756) 340,474 357,497 (80,016) (10,740) (90,756) 339,669 356,652 (85,217) (5,539) (90,756) 337,531 354,408 5,105,000 3,479,978 8,584,978 (1,000,000) (815,128) (1,815,128) 6,769,850 7,108,343 * Levy equals Net Debt Service plus 5.00%. Prepared by Ehlers & Associates, Inc. -3830- 8/7/2002 City Of Mound, MN Analysis of Tax Impact for Potential Borrowing August 7, 2002 Option Two Bond Issue Size Type of Debt Est. Tax Capacity Rates (debt only) Net Tax Capacity (Pay 2002) Annual Levy Increase Increase in Tax Rate $5,105,000 G.O. Bonds w/MSA contrb 6,384,911.00 239,500.00 3.751031% Taxable Estimated Increase in Taxes Type of Property Market Value for Debt Service Only Residential Homestead Commercial/ Industrial 80,000 100,000 125,000 150,000 175,000 200,000 250,000 300,000 50,000 100,000 200,000 300,000 500,000 $30 $38 $47 $56 $66 $75 $94 $113 $28 $56 $122 $197 $347 -3831 - ,City of Mound, MN timated Debt Service less Special Assessments Date 2/1/2003 2/1/2004 2/1/2005 2/1/2006 2/1/2007 2/1/2008 2/1/2009 2/1/2010 2/1/2011 2/1/2012 2/1/2013 2/1/2014 2/1/2015 2/1/2016 2/1/2017 2/1/2018 2/1/2019 2/1/2020 2/1/2021 2/1/2022 2/1/2023 G.O. Bonds, Series 10/1/2002 Par Amount of Bonds 5,105,000 TOTAL SOURCES 5,105,000 Total Underwriter's Discount (1.200 61,260 Costs of Issuance 40,000 Deposit to Project Construction Fun 5,000,000 Rounding Amount 3,740 TOTAL USES 5,105,000 Total Principal Rate Interest P & I 85,000 170 000 175 000 185 000 190 000 200 000 205 000 215 000 225 000 240 000 250 000 265 000 275000 290000 310000 325000 345000 365000 385 000 405 000 2.65% 3.05% 3.55% 3.95% 4.20% 4.45% 4.70% 4.80% 4.95% 5.05% 5.15% 5.25% 5.35% 5.45% 5.55% 5.65% 5.70% 5.70% 5.75% 5.75% 346,423 257,565 252,380 246,168 238,860 230,880 221 980 212 345 202 025 190 888 178 768 165 893 151 980 137 268 121 463 104,258 85,895 66,230 45,425 23,288 431,423 427,565 427,380 431,168 428,860 430,880 426 980 427 345 427 025 430 888 428 768 430 893 426 980 427 268 431 463 429 258 430 895 431 230 430 425 428 288 Special Assessments Principal Amount 1,000,000 interest Rate 6.500% Term 20 Start Year (Collection) 2/1/2003 Net SA SA Total MSA Debt Principal Interest Asmnt Contrb Service Levy* (25,756) (65,000) (90,756) (110,000) 230,667 242,200 (27,431) (63,326) (90,756) (110,000) 226,809 238,149 (29,214) (61,543) (90,756) (110,000) 226,624 237,955 (31,112) (59,644) (90,756) (110,000) 230,411 241,932 (33,135) (57,622) (90,756) (110,000) 228,104 239,509 (35,288) (55,468) (90,756) (110,000) 230,124 241,630 (37,582) (53,174) (90,756) (110,000) 226,224 237,535 (40,025) (50,731) (90,756) (110,000) 226,589 237,918 (42,627) (48,130) (90,756) (110,000) 226,269 237,582 (45,397) (45,359) (90,756) (110,000) 230,131 241,638 (48,348) (42,408) (90,756) (110,000) 228,011 239,412 (51,491) (39,265) (90,756) (110,000) 230,136 241,643 (54,838) (35,919) (90,756) (110,000) 226,224 237,535 (58,402) (32,354) (90,756) (110.000) 226,511 237,837 (62,198) (28.558) (90,756) (110,000) 230,706 242,241 (66,241) (24,515) (90,756) (110.000) 228,501 239,926 (70,547) (20,209) (90,756) (110,000) 230,139 241,646 (75,133) (15,624) (90.756) (110,000) 230,474 241,997 (80,016) (10,740) (90,756) (110,000) 229.669 241,152 (85,217) (5,539) (90,756) (110,000) 227,531 238,908 5,105,000 3,479,978 8,584,978 (1,000,000) (815,128) (1,815,128) (2,200,000) 4,569,850 4,798,343 * Levy equals Net Debt Service plus 5.00%. -3832- CITY OF MOUND RESOLUTION NO. 02- RESOLUTION AUTHORIZING EXECUTION OF CSAH 15 RIGHT OF WAY AGREEMENT WHEREAS, the City of Mound has adopted the Mound Visions Concept Plan for the redevelopment of the downtown area; and WHEREAS, the Mound Visions Concept Plan includes the relocation of County Highway 15; and WHEREAS, the total estimated Mound Visions related public improvement costs including County Highway 15 are expected to be approximately $13 million; and WHEREAS, the relocation of County Highway 15 will be funded from a variety of sources including County funds, Municipal State Aid, assessments and other City sources; and WHEREAS, the City is expected to fund a portion of the project cost with General Obligation Public Improvement Bonds; and WHEREAS, the City Council has reviewed the preliminary project costs at workshops on October 22, 2001 and February 7, 2002; and WHEREAS, Hennepin County is preparing final plans for the construction of relocated County Highway 15; and WHEREAS, Hennepin County is preparing a Construction Agreement that will include the project cost sharing; and WHEREAS, the Construction Agreement is expected to be presented for consideration late in 2002; and WHEREAS, Hennepin County has prepared a "Right of Way" Agreement to provide for the funding and acquisition of the properties necessary for the highway construction; and WHEREAS, the Right of Way Agreement is the initial commitment required to complete the relocation of County Highway 15; 1 -3833- Resolution No, 02- NOW, THEREFORE BE IT RESOLVED that the Mayor and City Council hereby authorize as follows: That the Mayor and City Manager are authorized to execute the County Highway 15 Right of Way Agreement by and between the City of Mound and Hennepin County. 2. That the City Manager is authorized to initiate planning for financing of the Mound Visions related public improvement cost, including County Highway 15. The foregoing resolution was moved by Councilmember Councilmember The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this day of ,2002. and seconded by Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 -3834- Hennepin County Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 August 8, 2002 763-745-7500, Phone 763-478-4000, Fax 763-478-4030, TDD www. co.hennepin.mn.us Ms. Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, Mn 55364 AGREEMENT NO. PW 04-06-02 COUNTY PROJECT 9417 CSAH 15 and CSAH 110 Dear Ms. Hanson, Submitted for approval are two copies of the above referenced agreement. If the agreement is satisfactory, please have both copies signed by the appropriate officials and return them to this office. Also, please remm two certified copies of a resolution authorizing these officials to sign the agreement. Upon completion of the remaining signatures by Hennepin County officials, we will send you one fully executed copy for your files. If you have any questions concerning the agreement, please call Harlan Hanson at (763) 745-7673 or Wayne Loos at (763) 745-7663. Please call Wayne Loos to arrange for pick up by Hennepin County. Sincerely, Brace M. Polaczyk, P.E. Design Engineer An Equal Opportunity Employer - 3835- Recycled Paper Agreement No. PW 04-06-02 County Project No. 9417 County State Aid Highway No. 15 City of Mound County of Hennepin AGREEMENT FOR RIGHT OF WAY ACQUISITION THIS AGREEMENT, Made and entered into this day of ., 20 __, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Mound, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City is actively involved in redevelopment of a portion of its business district in the vicinity of the intersections of County State Aid Highways No. (CSAH) 15 and 110, said roads also known as Shoreline Drive, Commerce Boulevard, and Lynwood Boulevard; and WHEREAS, in conjunction with the anticipated redevelopment the County and the City have been negotiating to bring about the complete reconstruction of CSAH 15 from approximately 600 feet west of CSAH 110 to Cypress Lane, a portion of which is on a new alignment, along with the reconstruction of C SAH 110 from approximately 250 feet south of Lynwood Boulevard to approximately 600 feet north of Lynwood Boulevard, and replacement of the existing two intersections of CSAH 15 and CSAH 110 with a single intersection at Lynwood Boulevard, all as shown on Exhibit "A" attached hereto and which by this reference is made a part hereof; and WHEREAS, the afore described roadway improvements are all to be accomplished under Hennepin County Project No. 9417, hereinafter referred to as the "Project"; and WHEREAS, as proposed herein, the realigned CSAH 15 will cross an existing railway corridor which was recently acquired by the Hennepin County Regional Rail Authority (HCRRA) in collaboration with McLeod and Carver County Regional Rail Authorities and the State of Minnesota; and WHEREAS, under the federal process by which HCRRA acquired the railway corridor HCRRA's first obligation is to restore freight rail service on the line, HCRRA is obligated to keep the existing rail line intact for fi:eight service through December 28, 2003 at which time if rail service is not economically feasible, it may seek to abandon the rail line for freight rail service. Until the line is abandoned for freight rail service, HCRRA may not sever the line nor in any way impair the passage of freight traffic on the railway corridor; and -3836- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 WHEREAS, the preferred profile grade for the proposed realignment of CSAH 15 at the point where it crosses the existing trackage is approximately four feet lower than the current rail tine elevation; and WHEREAS, as a result of their aforereferenced obligation to keep the existing rail line intact, as well as other binding agreements made with the aforecited governmental entities party to the acquisition of the railway corridor, HCRRA is not able at this time to allow the construction of the proposed realigned CSAH 15 at the preferred roadway elevation; and WHEREAS, the City and the County desire to move forward with the proposed realignment of CSAH 15 with the understanding that the profile grade of the CSAH 15 roadway through the railway corridor will be determined at a future date when it is known with more certainty as to whether or not the railway corridor will continue to be used as a freight line route or if some other use for the corridor is more likely; and WHEREAS, the County and the City both understand that the realigned CSAH 15 roadway may need to be constructed with an at-grade railroad crossing at the present elevation of the existing trackage and not at the lower preferred elevation and profile grade; and WHEREAS, construction of the CSAH 15 realignment in two separate phases will benefit the City's redevelopment efforts in the vicinity of the Project while the furore use of the HCRRA railway corridor is analyzed; and WHEREAS, it is feasible to construct the Project in two separate phases during calendar years 2003 and 2004; and WHEREAS, the County and the City recognize that it is mutually advantageous and desirable for them to each be directly involved in the acquisition of the property necessary for the fight of way of said Project; and WHEREAS, due to the specifics associated with the existing property owners and the present land uses it is considered mutually desirable to begin the acquisition process at the earliest possible date; and WHEREAS, the City and the County mutually desire to assign the acquisition of the necessary properties between the parties, to establish the terms and conditions by which properties are to be acquired, and to set forth the division of costs of the acquired properties; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59. 2 -3837- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 NOW THEREFORE, IT IS HEREBY AGREED: Those property parcels along CSAH 15 and CSAH 110 from which permanent right of way acquisitions, either partial or total, and permanent retaining wall easements, drainage easements, and temporary construction easements are necessary to construct the aforesaid Project are identified with parcel numbers on Exhibit "A" attached hereto. II The responsibility for the acquisition of the permanent fight of way required to construct the Project shall be divided between the City and the County on a parcel basis according to the parcel number identifications on Exhibit "A" and the following: The City shall be responsible for the acquisition of Parcel No. 2, in total. The County shall be responsible for the acquisition of interests from Parcels No. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 28 and 30 with the understanding that Parcels No. 1, 3, 4, and 5 will be acquired in total. Parcels No. 5A and 27 are presently owned by the City and therefore acquisition is not required. The City agrees to grant the necessary easements on these parcels and Parcel No. 29 as needed for the Project to the County at no cost. The City has acquired the permanent right of way and an additional continuous and adjacent 5 feet wide temporary construction easement on Parcels No. 22, 23, 24, and 25, and will grant the use of said easements to the County at no cost for the construction of the Project. It is understood that during the development of the detailed construction plans for the Project by the County, if it becomes apparent that it would be advantageous to modify the aforestated right of way taking designation, i.e. partial versus total, of any of the identified parcels that such a change can occur provided it is mutually agreed to by each party's designated representative identified later herein. An amendment to this Agreement will not be required to modify the type of acquisition. The creation of parcel remnants which do not conform with City building requirements will not be cause for a total acquisition. The City will provide property owners with the necessary variances where feasible to allow the owners to maintain the present use of the property. 3 -3838- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 III It is hereby understood that the phrase "responsible for the acquisition of" as used in the immediately preceding section and elsewhere throughout this Agreement shall be construed to mean the performance of all tasks and duties necessary and legally required to obtain the right to use the subject property for the purposes set forth in this Agreement. Said rights may be obtained by, but are not limited to, direct purchase, dedication, donation or condemnation. Each party is hereby obligated to provide all resources necessary to complete the hereinbefore defined and assigned acquisitions. Either party may contract with independent and qualified appraisers, property acquisition and relocation consultants as they may deem necessary to fulfill their obligations. IV The County shall reimburse the City a proportionate share of the costs incurred by the City for the acquisition of Parcel No. 2. It is understood that the City will be obtaining Parcel No. 2 as a part of a larger property acquisition/land swap transaction with Xcel Energy which involves property not required for the Project. The County's share of the acquisition costs for Parcel No. 2 shall be based on the value established for Parcel No. 2 in the City's negotiations with Xcel Energy, which shall be reduced to a unit cost per square foot for computation purposes. The County's proportionate share of the acquisition costs for Parcel No. 2 shall be computed as the sum of two separate computations as follows: Ao For that portion of Parcel No. 2 which lies south and west of the new CSAH 15 right of way line the County's share shall be equal to fifty (50) percent of the product of the land area therein multiplied by the aforedefined square foot unit price incurred by the City. Bo For the remainder of Parcel No. 2, the County's share shall be equal to the product of the land area multiplied by the aforedefined square foot unit price incurred by the City and further multiplied by a percentage equal to the County's proportionate contributing flow of the estimated total volume of storm water drainage used in the computations to design the drainage pond that is to be constructed on Parcel No. 2 as part of the Project. The actual percentage of the County's contributing drainage flow will be determined by the County during the development of the detail plans for the Project. The City will be notified in writing of the actual percentage of the County's contributing flow when it has been determined. The percentage of the County's contributing drainage flow must be approved by the City's Engineer prior to use in the aforedefined formula. For the purpose of estimating costs, a value of 40% may be used as the County's contributing flow. -4- -3839- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 V The City agrees to grant easements to the County over those lands presently owned or acquired by the City that are a part of the required right of way for said Project, and are not identified herein, including but not limited to the existing right of way corridors for Lynwood Boulevard and Belmont Lane. Said easements shall be granted at no cost to the County. The City shall reimburse the County fifty (50) percent of all costs incurred by the County in the acquisition of the necessary right of way from Parcels No. 6, 11, 12, 13, 14, 15, 16, 17, 18, 26, 28, and 30, and for the total acquisitions of Parcels No. 1, 3, 4, and 5. The City shall reimburse the County one hundred (100) percent of all costs incurred by the County in the acquisition of the necessary right of way from Parcels No. 8, 9, 10, 19, 20, and 21. Parcel No. 1 is required in its entirety for the Project and therefore the County will acquire said parcel in its name and retain ownership. The total acquisitions of Parcels No. 3, 4 and 5 will result in remnant portions which are not required for the Project, but are integral to the City's redevelopment plans. The County will therefore acquire Parcels No. 3, 4 and 5 in the City's name and retain easements over those portions required as CSAH 15 fight of way. The City, as consideration for the receipt of said parcel remnants, shall pay the County amounts computed in accordance with the following in addition to the City's share of the acquisition costs for the same parcels as set forth in the first paragraph of this Article. Said additional payments for each of the three parcels purchased in the City's name shall be equal to fifty (50) percent of the average of the "Land Value" as estimated in the certified appraisals used to acquire the same parcel, pro-rated for that portion of the parcel area retained by the City. Parcel No. 7 is the aforereferenced HCRRA railway corridor. The County will acquire an easement on only that portion of Parcel No. 7 which is required for the construction of the realigned CSAH 15 roadway. It is understood that the dimensions of the easement that will be required are dependent on the elevation and profile grade of the CSAH 15 roadway, which are to be determined at a future date, and that acquisition requires consent of HCRRA and the aforecited governmental entities party to the acquisition of the railway corridor, and a determination by HCRRA that the proposed easement is compatible with HCRRA's future use of the railway corridor for future transportation uses. The City shall reimburse the County fifty (50) percent of the costs incurred by the County to acquire said easement from the HCRRA. -3840- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 The City understands and further agrees that due to the uncertainty regarding the ultimate use of this railway corridor as well as the restrictive conditions that exist and govem the HCRRA's ability to convey, transfer, or. assi~ any portion 0fits interest in the ~9~dpr, thru the County will not negotiate with HCRRA for anything more than the easement necessary to construct the County roadway across said corridor. It shall be the City's responsibility to separately negotiate with the HCRRA for any other intereSts in the HCRRA corridor that the City may desire as a result of its pending redevelopment plans in the area. VII Each party shall be responsible to provide the necessary maintenance, security and risk management services on any property that is acquired by it. Said responsibility shall commence on the date right to title and possession is acquired. Structures exist on Parcels No. 1, 3, 4 and 5 which are to be obtained by the County. The removal of these structures shall be the responsibility of the County. The County shall have the option to have these structures removed under a separate contract, as part of the Project, or with the County's own forces. All costs incurred for providing maintenance, security and risk management services on any vacant property and structures, and the demolition of any structures, including but not limited to, the actual demolition costs, the costs for hazardous materials inspections and abatement costs if required, shall be shared equally between the County and the City. Structures exist on Parcel No. 2 which is to be obtained by the City. The removal of these structures shall be the responsibility of the City. The City shall have the option to have these structures removed under a separate contract, as part of the Project, or with the City's own forces. All costs incurred for providing maintenance, security and risk management services on any vacant property and structures, and the demolition of any structures, including but not limited to, the actual demolition costs, the costs for hazardous materials inspections and abatement costs if required, shall be shared equally between the County and the City. In the event the City elects to have the structures removed from Parcel No. 2 as pan of the Project, the City shall provide the County with all pertinent information for the Project plans and specifications as necessary to provide for the lawful removal of the structures. VIII The County will acquire all temporary easements required for the construction of the Project, excepting those parcels previously identified herein as the City's responsibility to acquire. In those instances the City shall negotiate and obtain any temporary easements that may be required in conjunction with the City's acquisition of permanent right of way. All costs as defined in Article IX, which are incurred by either the County or the City for the acquisition of temporary easements shall be shared equally by the County and the City. -3841 - Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 IX The acquisition costs incurred by the City and the County as described herein shall include, but are not limited to the following: · monies paid to property owners, or on behalf of property owners, as part of negotiated settlements costs incurred with obtaining property through, and compliance with, Minnesota Statute Chapter 117 (eminent domain), including all damages and awards resulting therefrom · relocation expenses, including the costs of consultants used therefor · appraisals and appraisal services · title opinions and updates · document searches (judgment, name title, etc) · closing, conveyance and recordation fees and taxes · costs to maintain, provide security for, or remove and dispose of vacant property, and any improvements thereon · costs incurred for the relocation, reconstruction, adjustment, and/or removal of existing private or public utility conduits or other structures located in or upon lands acquired and within present right of way when existing valid easements and/or permits provide for reimbursement to the utility owner for the relocation, reconstruction, adjustment, and/or removal of the existing utility facilities (or when a court of competent jurisdiction determines that the City or County is obliged to pay such amounts) Specifically excluded from the above listing are any costs incurred by the acquiring party for their respective personnel costs, attorneys' fees, and the costs of any consultants employed by them for the sole purpose of negotiating acquisitions directly with property owners. All such costs for personnel, attorneys, and consultants shall be the sole responsibility of the acquiring party. Damages, as used in this section, pertains to acquisition costs allowed by Minnesota Statutes Chapter 117 and does not abrogate the meaning of the language set forth elsewhere in this Agreement. The estimated cost to acquire the right of way and temporary easements for the construction of the Project is One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00). This estimate includes all parcels whether acquired by the City or the County, but does not include costs for any environmental cleanup that may be required. 7 -3842- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 X The City, j_in anticipation of the aforedefined Project and before the assigrmaent of the parcel acquisition responsibilities set forth herein, initiated the appraisal process and title work on a majority of the parcels addressed in this Agreement. Much of the work performed by the City's independent real estate appraisers and title insurance company, hereinafter referred to collectively as the "City's real estate consultants", pertains to parcels that under the terms of this Agreement will be obtained by the County. Previously, due to uncertainties in the timeline of the Project, the City directed their real estate consultants to discontinue work relating to properties associated with this Project. It is recognized that the work previously performed by the City's real estate consultants is of benefit to the County and can be used in the acquisition of the right of way and easements required for the Project, provided the same real estate consultants resume activities and complete the work originally requested by the City. The City therefore, hereby agrees to have its real estate consultants resume their activities and complete the appraisals and title work as necessary for the County to obtain the interests required in those parcels identified in Exhibit "B", which is attached hereto and by this reference made a part hereof. It is understood that the resumption of work by the City's real estate consultants eliminates the need for the County to contract for the same professional services. Therefore, the County hereby agrees to compensate the City for the County's proportionate share of the costs previously incurred by the City for work performed by the City's real estate consultants, and will also initially bear all additional costs to have the remainder of the aforereferenced appraisal and title work completed by the City's real estate consultants. The aforereferenced County proportionate share in the costs of the work previously performed by the City's real estate consultants shall be fifty (50) percent. The County shall compensate the City in the form of a credit in the amount of $25,872.50 applied to the City's proportionate share of the acquisition costs for the parcels obtained by the County. A summary of the costs incurred by the City and a breakdown of the aforesaid credit amount are included in Exhibit "B" attached hereto. In addition to the costs previously incurred by the City for appraisal and title work, it is estimated that an additional $100,000.00 will be required for the completion of all such work to enable the County to obtain the necessary right of way and easements for the Project. As set forth previously herein, the City shall contract with its same real estate consultants for the completion of this work and the County will initially bear all the associated costs. The City's real estate consultants shall submit their invoices for compensation to the City and the City shall review them for compliance with their respective contracts for professional services. Upon approval by the City or its agent the invoices shall be submitted to the County for payment. The County will, within forty five days of receipt of an invoice submitted by the City, issue payment for the full amount due as approved by the City. Said payment shall be issued jointly in the name of the City and the City's real estate consultant, and will be sent to the City. It shall be the City's responsibility to ensure payment to the City's real estate consultant. It is -3843- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 understood that the County will subsequently invoice the City for reimbursement of the City's proportionate share of these same costs initially borne by the County. The City's proportionate share shall be determined in accordance with the provisions of Article VI hereof and reimbursement to the County shall be in accordance with the provisions of Articles XIII and XIV hereof. The City agrees that it will require its real estate consultants to provide the County with all original documents of their completed work (except for those parcels which the City is to acquire under this Agreement). The County shall have the right to work directly with the City's real estate consultants as necessary to ensure the completion of all work and documents in a manner consistent with its intended use for the acquisition of the properties identified herein to be acquired by the County. XI The County, at its sole cost and expense, will conduct a Phase 1 environmental site assessment (ESA), which may include but not be limited to reviewing the existing and available historical information pertaining to land use and conditions on all properties purchased under this Agreement by either the City or the County. In the event a Phase II ESA is required on any parcel it is hereby understood and agreed that the County will assume the responsibility to have the Phase II ESA completed. All costs incurred by the County for the completion of any required Phase II ESA, including but not limited to sampling, analyzing and characterizing the subsurface conditions of individual properties, the costs of Minnesota Pollution Control Agency fees for technical review and issuance of liability assurance letters, as well as any subsequent environmental clean-up that may be required shall be shared equally by the County and the City. XII In the event the Phase II environmental site assessment identifies contamination within the new right of way for the Project that must be cleaned up, the County will hire consultants and contractors as necessary to clean up the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any such clean up required may be accomplished under a separate project or may be included in the Project. It is agreed that the City and County will investigate and exhaust all available options for payment of costs incurred related to cleanup of said new right of way. This includes, but is not limited to, responsible parties. All environmental clean up costs incurred by the County which are not reimbursed from other sources shall be shared equally by the County and the City. XIII Each party will periodically, as properties are acquired, prepare and submit to the other party invoices with itemized statements documenting the actual acquisition costs incurred by the party, as well as the sale price of any remnant parcels sold, since the last statement submitted. -3844- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 The statements shall identify and include any credits due the other party due to the sale of remnant parcels. Each party hereby agrees to remit to the other party the net amount due stated on the invoice, acquisition costs less credits, within forty five (45) days after receipt of said invoice. XIV All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. All payments to the City must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the City shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the City. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. XV All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. Each party shall provide the other party with a report of the current status of negotiations on unobtained parcels when requested, but not more frequent than every other month. Said reports shall include, but not be limited to, such data as necessary to keep the other party informed of costs, items of concern to the property owner, anticipated date of acquisition, and if condemnation will be necessary. Upon approval by the City of the County's detailed plans for the relocation of CSAH 15 as provided in the aforedefined Project, the County will transfer to the City the jurisdiction of that portion of the old CSAH 15 right of way between CSAH 110 and the new CSAH 15 right of way pursuant to Minnesota Statute Section 162.02 subdivision 7. Any costs associated with this transfer and any costs thereafter associated with said property shall be borne one hundred percent by the City. -3845- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 The City and the County both understand that the CSAH 15 transfer set forth above will occur prior to the construction of the realigned CSAH 15, and may occur prior to the City's intended use of the land. It is therefore hereby_ understood and agreed that after the above set forth transference of CSAH 15 the City shall allow the continued use of the existing CSAH 15 roadway as a public transportation facility until such time that the City's redevelopment activities and construction schedule therefor necessitate the closure of the existing CSAH 15 roadway, or until realigned CSAH 15 is completed and opened, whichever shall occur first. The City further (in the absolute discretion of the City) agrees that if the existing CSAH 15 roadway is to be closed at anytime prior to the completion and opening of the realigned CSAH 15 roadway provided in the Project, that such closure shall not occur until a mutually acceptable detour route for the displaced CSAH 15 through traffic has been fully established and opened for use by the traveling public. XVII Upon the transfer to the City of the existing CSAH 15 roadway as set forth in Article XVI hereof the County and the City hereby agree to do and pay the following in order to provide for the continuity of CSAH 15 traffic: The County will continue to provide roadway maintenance, including snow and ice control, and maintenance of roadway appurtenances at no cost to the City until such time that the closure of the existing roadway to through traffic is necessitated by the City's redevelopment activities. In the event the existing CSAH 15 roadway is closed and a detour established prior to the start of the Project construction activities, the City at its sole cost and expense shall provide for the installation, maintenance, and subsequent removal of all detour signage. All detour signage shall comply with and be installed in accordance with the Minnesota Manual on Uniform Traffic Control Devices and a detailed sign location plan prepared by the City and approved by the County's Traffic Operations Engineer. The County shall have the authority to require the installation of temporary traffic control signal systems on the detour route at intersections where the County deems necessary due to increased traffic volumes and turning movements. The City hereby agrees to bear one hundred (100) percent of all costs necessary to install temporary signals along the detour rotue and to pay all costs for the electrical energy necessary to operate such signal systems for the duration of the detour usage. The City shall notify the County a minimum of two (2) weeks in advance of the date the detour is to be put into effect. The County will provide roadway maintenance, including snow and ice control, and the maintenance of any temporary traffic control signal that may be installed on the established detour route at no cost to the City and at all times that the detour is in effect. The City hereby agrees that the County will not be responsible for any damage caused by increased traffic on any city streets, including any that may be part of the approved designed CSAH 15 detour. The County hereby agrees that in the event the approved detour route includes city -11- ~' -3846- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 streets, the County will not issue permits for overweight or oversize loads on the detoured CSAH 15 route during the period the detour is in effect. Upon the closure of the existing CSAH 15 roadway the County may take the existing signal system at the intersection of CSAH 15 (Shoreline Drive) and CSAH 110 (Commerce Blvd.) out of service. The County shall complete all work and services necessary to take this signal system out of service at no cost to the City. XVIII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The County and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each wan'ant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XIX It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or his designated -12- -3847- Agreement No. PW 04-06-02 CSAH 15; C.P. 9417 representative shall manage this Agreement on behalf of the County and serve as liaisor~ between the County and the City. In order to coordinate the services of the City with the h'a~'-/5f~h~-C-0~fi/y so as to accomplish the purposes of this Agreement, the City's Manager or her designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. It is understood and agreed that the entire agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XXII This Agreement may be cancelled prior to the completion of the objectives set forth herein with the mutual consent of both parties via an amendment hereto. Cancellation may be considered in the event the anticipated acquisition costs and/or environmental cleanup costs to be paid by the parties increase substantially above those estimated herein, or for any other reasons that may arise that jeopardize the feasibility of the Project. In the event this agreement is cancelled the parties agree to reconcile all costs previously incurred by them in accordance with the provisions of this Agreement. XXIII The provisions of Minnesota Statutes Section 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. -13- -3848- Agreement No. PW 04-06~02 CSAH 15; C.P. 9417 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) CITY OF MOUND By: Mayor Date: And: Manager Date: ATTEST: By:. Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: As~dtant County Attorney Date: APPROVED AS TO EXECUTION: By:. Assistant County Attomey Date: COUNTY OF HENNEPIN By: Chair of its County Board Date: Assistant/Deputy/County Administrator Date: Assistant County Administrator, Public Service and County Engineer Date: RECOMMENDED FOR APPROVAL: By:. Director, Transportation Department Date: -14- -3849- I I I I I I I FEItN LA, Ilt 8~LA fl~': ~ jo I. ieeqs , .8,, ~0-90-~0 AAd 'ON ;lu~)we~).l§¥/qunoo u!dauu~H -3851 -. ~ jo ~ ~leeqs '.,,El,, 1,!q!qx=j ~0-90-1~0 Md 'ON luawaa.~6¥ fqunoo u!dauueH -3852- MEMORANDUM DATE: August 6, 2002 TO: Honorable Mayor and Members of the City Council FROM: Kelly J. Bopray, LPSS SUBJECT: City of Mound Zero Gravity Skate Park Wetland Replacement Plan MFRA #13207 On behalf of the City of Mound, MFRA prepared the site plan, and Wetland Conservation Act (WCA) permit application for the Zero Gravity Skate Park project. The replacement plan was designed to meet the WCA standards. The plan was put on notice as required by the WCA and no comments were received. The Technical Evaluation Panel (TEP) members were contacted by phone to discuss the project but a TEP meeting was not requested. A copy of the following documents were submitted to the City for its files: Grading and wetland Mitigation Plan prepared by MFRA. Revision date 4/25/02. Wetland Delineation Report prepared by MFRA. Dated 7/12/02. · WCA Application to City and Corps of Engineers, prepared by MFRA. Dated 7/12/02. · Copy of the Notice of Application, prepared by MFRA. Dated 7/15/02. · LGU procedural checklist, completed by MFRA. Dated 7/15/02. · Sequencing findings of fact, completed by MFRA. Dated 8/1/02. MFRA recommends the city approve the replacement plan with the following conditions: · Declaration of Restrictions and Covenants is placed over the replacement wetland area. · Best Management Practices be implemented for the duration of the project. · An annual evaluation and monitoring report be prepared for the site for up to five years or until the replacement wetland is successfully established. · Wetland buffer monuments are placed around the replacement wetland area. s:h-nain:Wlou 13207:\Correspondenceh-nayorS-7 -3853- CITY OF MOUND RESOLUTION NO. 02- RESOLUTION TO APPROVE A WETLANDS CONSERVATION ACT WETLANDS REPLACEMENT PLAN APPLICATION IN CONJUNCTION WITH DEVELOPMENT KNOWN AS "ZERO GRAVITY SKATE PARK" LOCATED AT 5341 MAYWOOD ROAD SECTION 13 & 24, TOWNSHIP 117N, RANGE 24W PID #13-117-24-34-0062 WHEREAS, the applicant, City of Mound, has submitted a Wetlands Replacement Plan Application with the Minnesota Wetland Conservation Act (WCA) in order to facilitate the development of a recreational facility known as the Zero Gravity Skate Park; and WHEREAS, the City of Mound, as the Local Government Unit (LGU), has the authority under the WCA to determine if an application is consistent with the intent and provisions of the act; and WHEREAS, the staff and the applicant, with the assistance and input of the Technical Evaluation Panel (TEP), have conducted a thorough review of the applicable City and WCA regulations with respect to the proposal and found it to be in substantial compliance with the WCA, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant approval of the WCA permit as recommended by staff with the following conditions: a. The applicant shall provide the City with Proof of Recording of Declaration of Restrictions and Covenants for the replacement wetlands and any areas public value credits are derived from. b. Best Management Practices shall be adhered to for the duration of the project. c. Upon completion of the wetland replacement plan, the applicant will implement a wetland and replacement monitoring plan as specified in 8420.0600 through 8420.0620. The applicant will submit the first annual monitoring report to the City by December 31, 2003. d. A wetland buffer monument is required at each lot line where it crosses a wetland buffer with a maximum spacing of 200 feet between monuments. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: -3854- Resolution No. 02- The following voted in the negative: Adopted by the City Council this day of ,2002. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -3855- ME M 0 R .4 ND UM DATE: August 6, 2002 TO: Honorable Mayor, and Members of the City Council FROM: Kelly J. Bopray, LPSS SUBJECT: City of Mound Cottonwood Lane/Dakota Rail Storm Sewer Maintenance Wetland Replacement Plan MFRA #13677 On behalf of the City of Mound, MFRA prepared the plans, and Wetland Conservation Act (WCA) permit application for the Cottonwood Lane/Dakota Rail Storm Sewer Maintenance project. The replacement plan was designed to meet the WCA standards. The plan was put on notice as required by the WCA and no comments were received. The Technical Evaluation Panel (TEP) members were contacted by phone to discuss the project but a TEP meeting was not requested. A copy of the following documents were submitted to the City for its files: 2002 Storm Sewer Improvements plan sheet 7/8 prepared by MFRA. Revision date 7/9/02. Wetland Delineation Report prepared by MFRA. Dated 7/10/02. · WCA Application to City and Corps of Engineers, prepared by MFRA. Dated 7/12/02. · Copy of the Notice of Application, prepared by MFRA. Dated 7/15/02. · LGU procedural checklist, completed by MFRA. Dated 7/15/02. · Sequencing findings of fact, completed by MFRA. Dated 8/1/02. recommends the city approve the replacement plan with the following conditions: Declaration of Restrictions and Covenants is placed over the replacement wetland area. Best Management Practices be implemented for the duration of the project. An annual evaluation and monitoring report be prepared for the site for up to five years or until the replacement wetland is successfully established. Wetland buffer monuments are placed around the replacement wetland area. -3856- CITY OF MOUND RESOLUTION NO. 02- RESOLUTION TO APPROVE A WETLANDS CONSERVATION ACT WETLANDS REPLACEMENT PLAN APPLICATION IN CONJUNCTION WITH THE STORMWATER MAINTENANCE PROJECT NEAR COTTONWOOD LANE AND THE DAKOTA RAIL LINE NE ¼, SW ¼, SE ¼ of SECTION 14, TOWNSHIP 117N, RANGE 24W PID #14-117-24-43-0024 PID #14-117-24-43-0025 WHEREAS, the applicant, City of Mound, has submitted a Wetlands Replacement Plan Application with the Minnesota Wetland Conservation Act (WCA) in order to facilitate maintenance of the stormwater drainage system on the property; and, WHEREAS, the City of Mound, as the Local Governmental Unit (LGU), has the authority under the WCA to determine if an application is consistent with the intent and provisions of the act; and WHEREAS, the staff and the applicant, with the assistance and input of the Technical Evaluation Panel (TEP), has conducted a thorough review of the applicable City and WCA regulations with respect to the proposal and found it to be in substantial compliance with the WCA, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant approval of the WCA permit as recommended by staff with the following conditions: a. The applicant shall provide the City with Proof of Recording of Declaration of Restrictions and Covenants for the replacement wetlands and any areas public value credits are derived from. b. Best Management Practices shall be adhered to for the duration of the project. c. Upon completion of the wetland replaCement plan, the applicant will implement a wetland and replacement monitoring plan as specified in 8420.0600 through 8420.0620. The applicant will submit the first annual monitoring report to the City by December 31,2003. d. A wetland buffer monument is required at each lot line where it crosses a wetland buffer with a maximum spacing of 200 feet between monuments. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: -3857- The following voted in the negative: Adopted by the City Council this Resolution No. 02- day of ,2002. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -3858- CITY OF MOUND PUBLIC HEARING NOTICE The Housing and Redevelopment Authority of and for the City of Mound, Minnesota, as part of its operations, provided economic assistance to individuals who are engaged in the development and redevelopment of land within the HRA's area of operation. Pursuant to state statute, the HRA has adopted criteria for awarding business subsidies prior to granting such assistance. A public hearing on the adoption of a business subsidy agreement with Rodney R. Dietrich and Doreen K. Dietrich for the Mound Post Office project will be held before the HRA. The public hearing on the business subsidy agreement will also include a consideration of alternative goals in lieu of wage and job goals. Copies of the proposed business subsidy agreement will be available for public inspection on and after the date of this notice at Mound City Hall during normal business hours. WHEN: Tuesday, August 13, 2002 6:30 p.m.. - Housing and Redevelopment meeting WHERE: Mound City Hall Council Chambers 5341 Maywood Road Mound, MN 55364 HOW TO COMMENT: Attend the hearing and you will be heard or submit written comments. Bonnie Ritter City Clerk -3859- PROPOSED AGREEMENT Dietrich Business Subsidy Agreement. ARTICLE I Business Subsidy Act Requirements Section 1.1. Compliance with Business Subsidy Provisions. The parties agree and represent to each other as follows: (a) Unless the context clearly indicates otherwise, the terms used in this article shall have the meanings given then in this Agreement and the Assignable Option to Purchase Land, the First Amendment to the Assignable Option to Purchase Land and in the Business Subsidy Act (Minnesota Statutes, Sections 116J.993 through 995). (a) The subsidy provided to the Dietrich pursuant to this Agreement consists of the a reduction of the purchase price of the Property, representing a subsidy with an estimated value of $ 122,000. Co) The public purposes of the subsidy are to promote redevelopment of downtown Mound, obtain certain building enhancements that are consistent with the design program for buildings in downtown Mound, generate spin-off development and redevelopment in downtown Mound, and increase the tax base of the City and the State. The Grantor, following public hearing has determined that the achievement of wage and job levels are not goals of the subsidy. (c) The goals for the subsidy are to secure construction of the Minimum Improvements on the Property; to maintain the Minimum Improvements for at least five years as described in clause (f) below (d) If the goals described in clause (c) above are not met, the Dietrich must make the payments to the HRA described in Section 1.3 of this Agreement. (e) The subsidy is needed because the cost of acquiring the Redevelopment Property at fair market value plus the cost of the Minimum Improvements makes redevelopment of the Redevelopment Property financially infeasible without public assistance. (f) The operation of the Minimum Improvements as an office, service and retail facility must continue for at least five years after the date of issuance of the Certificate of Completion. (g) The Dietrich does not have a parent corporation. -3860- (h) The Dietrich has not received, and does not expect to receive financial assistance from any other 'grantor as defined in the Business Subsidy Act in connection with purchase of the Redevelopment Property or construction of the Minimum Improvements. Section 1.2. Construction of Improvement. Dietrich will complete construction of the Development within 12 months of the date of this Agreement The HRA may, after a public heating, extend the Compliance Date by up to one year, provided that nothing in this Section 1.2 will be construed to limit the HRA's legislative discretion regarding this matter. Section 1.3. Remedies. If the Dietrich fails to meet the goals described in Section 1.1(c), the Dietrich shall repay the HRA within one year upon written demand from the I-IRA a pro rata share of the amount of the subsidy granted by this Agreement and interest on said amount at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued fi:om the date of issuance of the Certificate of Completion to the date of payment. For purposes of this Section 10.3, the amount which the Dietrich must repay within one year to the HRA, is the present value of the unpaid balance of the Loan. The term pro rata share means percentages calculated as follows: (i) if the failure relates to maintenance of the office, service and retail facility in accordance with Section 10. l(f), 60 less the number of months of operation as an office, service and retail facility (where any month in which the facility is in operation for at least 15 days constitutes a month of operation), commencing on the date of the Certificate of Completion and ending with the date the facility ceases operation as determined by the HRA, divided by 60; and Nothing in this Section 1.3 shall be construed to limit the HRA's remedies under this Agreement. In addition to the remedy described in this Section 1.3 and any other remedy available to the HRA for failure to meet the goals stated in Section 1.1 (c), the Dietrich agrees and understands that it may not a receive a business subsidy fi:om the HRA or any grantor as defined in the Business Subsidy Act for a period of five years fi:om the date of the failure or until the Dietrich satisfies its repayment obligation under this Section 1.3, whichever occurs first. Section 1.4. Reports. The Dietrich must submit to the HRA a written report regarding business subsidy goals and results by no later than March 1 of each year, commencing March 1, 2003 and continuing until the later of (i) the date the goals stated Section 1.1 (c) are met; (ii) 30 days after expiration of the five-year period described in Section 1. l(f); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 1.3. The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The HRA will provide information to the Dietrich regarding the required forms. If the Dietrich fails to timely file any report required under this Section 1.4, the HRA will mail the Dietrich a waming within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Dietrich fails to provide a report, the Dietrich must pay to the HRA a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section 1.4 is $1,000. -3861 - IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND By Its Executive Director STATE OF MINNESOTA COUNTY OF HENNEPIN SS.: The foregoing instrument as acknowledged before me this ~ day of , 200 by. ~ the Executive Director of the Housing and Redevelopment Authority in and for the City of Mound, a public body politic and corporate under the laws of Minnesota, on behalf of the Authority. Notary Public RODNEY R. DIETRICH DOREEN K. DIETRICH -3862- STATE OF MINNESOTA COUNTY OF HENNEPIN SS.: The foregoing instrument was executed this __ R. Dietrich and Doreen K. Dietrich, husband and wife.. day of ., 200__, by Rodney Notary Public -3863- 5341 Maywood Mound, ~952) 4-2 PLANNING REPORT TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: August 6, 2002 SUBJECT: Request tlr waiver of' platting approval to subdivide Lots 72 and Addition APPLICANT: Mark Stein PLANNING CASE NUMBER: 02-22 LOCATION: 5765 Sunset Road PID: 14-117-24-41-0041 ZONING: R-2 Residential COMPREHENSIVE PI,AN: Residential 73, Mound SUMMARY The City Council will review a request fi'om Mark Stein, applicant and property owner at 5765 Sunset Road, for "waiver oF platting" approval pursuant to City Code Chapter 330:12 to subdivide Lots 72 and 73, Mound Addition in order to create two (2) buildable parcels. BACKGROUND INFORMATION Property Sale. Based on information fi'om Hennepin County, it appears the property was sold in December 2001. Demolition of Former Itome. A demolition permit was issued in June 2002 to remove the fbrmer residence at 5765 Sunset Road. It is City staPf's understanding that the previous structure straddled the property lines of Lots 72 and 73. Prope,'ty Tax Status. According to Hennepin County property tax records, the subject property is considered to be one parcel and is legally described as Lots 72 and 73, Mound Addition. SUBDIVISION REVIEW PROCEDURE City Code Chapter 330:12 states that any parcel of land, either platted or unplatted that has been combined fbr tax purposes or other reasons, cannot be re-separated or divided without an approved subdivision ora waiver of'the platting requirements of the subdMsion ordinance -3864- A waiver of the platting requirement may be granted by the City Council after receipt of' the background information provided by City staff Tlne waiver of platting and release of the tax combination may be approved if it is determined to be in compliance with all City codes. The City may impose conditions to the waiver. Applications for waiver of platting do not require review by the Planning Commission. However, if it so desires, tile City Council may remand tile application to tile Planning Commission if it determines that their advice will be helpful in deterrnining if the request meets fine City's planning and zoning objectives. ISSUES ANALYSIS Comprehensive Plan. The Future Land Use Map included in the MoLtnd Comprehensive Plan guides tile property fbr f'uture Iow-density residential use (1-6 units / acre.) Zoning. Tile subject property is zoned R-2 Single and Two Family Residential. Single-family homes are a permitted use in the R-2 District. Tile f'ollowing tables includes the lot area, width and setback requirements for the R-2 District. Lot Area Widtln Depth Front Side Rear Setback Setback Setback R-2 6,000 SF 40 FT 80 FT 20 FT 10 FT 15 FT Lot 73 7.275 SF 51FT 143 FT NA NA NA Lot 72 7.161 SF 50 FT 143 FT NA NA NA Non-Lot of Record Status. In tile event the waiver of platting request is approved, tile subject property will lose its "lot of record" status and therefore will be subject to the standard provisions oftlne R-2 zoning district including minimum side yard setbacks ten (10) feet. Adjacent Land Uses - Draft Land Use Plan. The subject property is surrounded on all sides by Iow density residential use. Hardcover. Impervious surface coverage on all residential lots shall not exceed (30) percent of the lot area. BOUNDARY SURVEY An updated boundary survey fbi- the subject property was prepared by Paul Sclnoberg and Associates and has been included as an attachment -3865- CITY DEPARTMENT REV! EW Copies of the request and all supporting materials were forwarded to all City departments for review and comment. All written comments received to date have been summarized below: Fire Chief Pederson Acting Police Chief McKinley Public Works Director Skinner Building Official Simoneau City Engineer Cameron Parl<s Director Fackler No comment No comment City records show sewer and water service tbr Lot 72. No services found for Lot 73. A building permit will be required including submittal of all required information. See memorandum provided as separate attachment. No comment GENERAL COMMENTS Approval of tile proposed waiver of platting does not constitute or guarantee future approval of any building permit(s) or any other necessary approval by any other public agency. In the event the waiver request is approved, the property will no longer qualify for "lot of record" status. RECOMMENDATION City staff recommends that the City Council approve tile application fi'om Marl< Stein for a waiver of platting for Lots 72 and 73, Mound Addition subject to the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the land use requests, 2. No future approval of any development plans and/or building permits is included as part of this land use action in the event the waiver of platting request is approved. 3. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 4. Applicant shall be responsible for procurement of any and/or permits including, but not limited to, MCWD, DNR, etc. 5. All conditions fi'om the City Engineer as referenced in his memorandum dated August 8, 2002. 6. One (1) park dedication tee is paid. -3866- CITY OF MOUND RESOLUTION # 02- RESOLUTION TO APPROVE REQUEST FROM MARK STEIN FOR WAIVER OF PLATTING APPROVAL TO SUBDIVIDE LOTS 72 AND 73, MOUND ADDITION INTO TWO (2) LOTS PI D //14-117-24-41-0041 PLANNING CASE # 02-22 WHEREAS. thc applicant. Mark Stein. has submitted a request For waiver of platting approval pursuant to City Code Chapter 330:12 to subdivide Lots 72 and 73. Mound Addition to two (2) buildablc lots: WHEREAS, the sub. icct property is located at 5765 Sunset Road: and WHEREAS, thc property is zoned R-2 and singlc-fhmily residential is a permitted usc; and WltEREAS, Lots 72 and 73. Mound Addition, arc platted lots and were combined previously for tax-purposes by a former oxy'ncr: and WItEREAS. Lots 72 and 73. Mound Addition meet the lot size, width, and depth requirements of thc R-2 District: and WHEREAS, City Code Chal>ter 330:t2 states that a xxaivcr of thc platting request may be granted by thc City Cotmcil if' it is determined that thc proposal is in compliance with all City codes. NOW, THEREFORE, BE IT RESOLVED. by thc City Council of thc City of Mound, Minnesota as follows: A. The City docs hereby approve thc waiver of platting request with thc folloxving conditions: Applicant shall bc responsible for payment o£ alt costs associated with the land usc requests -3867- No f'uture approval of any development plans and/or building permits is included as part of this land use action in the event the waiver of platting request is approved. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 4. Applicant shall be responsible roi' procurement of any and/or permits including, but not limited to, MCWD, DNR, etc. 5. All conditions fi'om the City Engineer as referenced in his memorandum dated August 8, 2002. 6. One park dedication fee shall be paid. B. This waivcr of platting rcqucst is hereby approvcd for thc following described property: Lot 72 and 73. Mound Addition. City of Mound. Minnesota. Thc f'orcgoing rcsolution was moved by Councilmember seconded bv Councilmcmber The following Councihncmbcrs voted in thc affirmative: The following Councilmcmbcrs votcd in the negative: Adopted August 13, 2002 and Pat Mciscl, Mayor Attest: Bonnie Ritter. City Clcrl< -3868- Ulty 01' IVlOUna WAIVER OF City Council Date: -! · Deposit:S200.00 Planner DNR Deficient Unit Charges? Public Works · Parks Delinquent Taxes? Engineer ~ 'Other Variance Required? Please type or print clearly PROPEI~,~Y EXISq'ING Lot(s) 7 r~ ~:~,l,'~ ~ 3 Block Subdivision ~ ("~, J I/~ ~ LEGAL - . DESCRIPTION PID~ /~ -- / / 7 ' ~ ~ ' ~/- DO ~ / Plat ~ PROPOSED A. Lot(s) '~ ~ Block LEGAL - DESC. PT ON Lot(s) J e ock ZOninG R-~ R-~A ~ R-3 B-~ B-2 B-3 Circle: DISTRICT PROPER~ Are there existing structures on the propeAy? yes ~ Do the existing structures comply with the zoning ordinance for setbacks, hardcover, etc.? yes / no APPLICANT The applicant is: ~owner other: Name ~ ~.~ 14 ~~1'~ Address '~ ~ ~n ~~ ~E ~?e~~ _ OWNER Name (if other than applicant) Address Phone (H) (W) (M) SURVEYO~ Name ENGINEER Address Phone (H) (W) (M) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes,,~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by all owners of the subject property, or explanation given why this is not the case. I certify that all of the statements above and 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 information provided and that I am responsible for all costs incurred by the City related to the processing of this application consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. iD. evJ. S e cl 06/28/02 -3869- ! 5-O 7_7 ~z,'O SCHOBORG ID SURVEYING INC. 8997 Co Rd. 13 ,SE 163-972-3221 Delano, MN 55328 I hereby certify that this certificate of survey was prepared by me or under my d~rect supervision and that I am a duly Regmtered Land Surveyor under the [a~us of the, Stabs. Q/Minnesota. · ../ ./.~ Date: ~'~"g 6 Y' 3~, /-"~'~?. Reg,strat,on No ~4700 ' --3870 ,,,.. JOB # BOOK - PAGE SCALE / MEMORANDUM DATE: August 8, 2002 TO: Saraln Smitln, Community Development Director FROM: John Cameron, City Engineer SUBJECT: City oF Mound Stein Waiver of' Platting Lots 72 and 73, Mound Case #02-22 MFRA #13898 As requested, vce lnave reviewed the applicatior~ fbr a Waiver of Platting to divide the subject property back to the original platted lots and have the f'ollowing comrnents and recommendations: Comments Tine inf`ormation provided included a survey; however it did not show any utilities or elevations of the property. A site visit revealed a low area at the rear of Lot 73 that may pocket water. It appeared tile only overflow for this area would be to the south, across adjacent property Complete grading plans, whictn will address all drainage issues, will need to be provided when application is made f'or a building permit. it appears fbrm City utility records that the only utility services for this parcel are the ones that served the old house. These services can be used for one of the lots; however, a new' water service and sewer service will need to be installed ~om the City mains in the street to serve tile second lot. -3871 - Sarah Smith, Community Development Director August 8, 2002 Page 2 Again, this is one of the older plats in the City, which typically did not provide drainage easements along the lot lines. Drainage and utility easements should be required as part of the waiver approval. The combination of these two lots, was assessed one (1) unit charge when the streets in this area were reconstructed in 1980. It has been City policy to collect additional unit charge, when parcels are redivided creating additional building units; therefore this property should be charged for one unit in the amount of $1,828.15. Recommendations We recommend the following conditions become a part of the Waiver of Platting approval. t. Final grading and drainage plan to be approved by the City Engineer at the time of building permit application. 2. Water and sewer services either be installed or some type of financial guarantee provided, such as cash escrow, letter of credit, or performance bond. 3. Provide drainage and utility easements along all lot lines, five feet wide on side lot lines and ten feet in width along the fi'ont and rear lot lines. 4. One deficient street unit charge in the amount of $1,828.15 shall be paid. s x na ~ ',Mou 13898 ~Co "eSl) )ndence;smith8-7 -3872- This information sheet only summarizes a portion of the requirements outlined in the City- of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. General Zoning Information Sheet R-2 Zoning District Single Family ReSidential, Two Family Residential and Twin Homes Building Height: Maximum 2¥2 stories or thirty-five (35) feet in height. Building Height is defined as "the vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the I~ighest gable on a pitched or hip roof." SINGLE FAMILY DWELLINGS - Lot Area, Lot Width, and Setback Requirements: Minimum Lot Area ..................................... 6,000 square feet Minimum Lot Width ............................................ 40 feet Front Yard Setback ............................................ 20 feet Side Yard Setback ............................................ 10 feet* Rear Yard Setback ............................................ 15 feet* Minimum Lot Depth ............................................ 80 feet Lakeshore / Ordinary High Water Setback ............................. 50 feet Minimum Floor Area Requirement: ........................... 84-0 square feet Minimum lot frontage on an improved public street shall be 40 feet, except that lots fronting on a cul-de-sac shall be 40 feet at the front building setback line (i.e. 20 feet back from front property line). *Applicable side or rear yard setbacks apply to lot lines abutting fire lanes or alleys not exceeding 15 feet in width. FAMILY DWELLINGS - Lot Area, Lot Width, and Setback Requirements: Minimum Lot Area .................................... 14,000 square feet Minimum Lot Width ............................................ 80 feet Front Yard Setback ............................................ 20 feet Side Yard Setback ................................. : .......... 10 feet* Rear Yard Setback ............................................ 15 feet* Lakeshore / Ordinary High Water Setback ......... , ................... 50 feet Minimum Got frontage on an improved public street shall be 80 feet, except that lots fronting on a cul-de-sac shall be 80 feet at the front building setback line (i.e. 20 feet back from front property line). *Applicable side or rear yard setbacks apply to lot lines abutting fire lanes or alleys not exceeding 15 feet in width. LOTS OF RECORD - Special Provisions (Single Family & Two Family): Side yard setbacks for lots of record shall be six (6) feet unless the structure or site does not contain a garage in which case, one side yard setback is required to be ten (10) feet to accommodatea driveway access. LOT WIDTH MIN SIDE YARD SETBACK Corner 40- 50 feet 10 feet Lots 51 - 80 feet 20 feet 81 feet or more 30 feet Rev. 3/97 -3873- ~'roperty mrormar~on ~earcn oy ~treet Actctress Kesult page Page 1 of 2 Search By: ID Addition Name HOUSE or BUILDING #: 5765 STREET NAME: (at least first $ chsrsctera) sunset ,UN.!T~.~..? 20 ~i records per page Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.~. (CST) Parcel Data for Taxes Payable 2002 Click Here for State Copy of Payable 2002 Tax Statement 14-117-2441-0041 5765 SUNSET RD MOUND 277 Construction year: 1918 3 Parcel Size: N 101X14 MARK B STEIN MARK B STEIN 3320 HWY 25 WATERTOWN MN 55388 Most Current Sales Information sales prices are reported as listed on the Certificate of Real Estate Value and warranted to represent arms-length transactions. Sale Date: December, 2001 Sale Price: $54,000 Transaction Type: Warranty Deed Tax Parcel Description MOUND Addition Name: Lot: Block: Metes & Bounds: LOTS 72 AND 73 Value and Tax Summary for Taxes Payable 2002 Values Established by Assessor as of January 2, 2001 $62,000 $54,100 $54,100 $501.07 $10.31 $511.38 Estimated Market Value: Limited Market Value: Taxable Market Value: Total Improvement Amount: Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: http://www2.co.hennepin.rrm.us/pins/addrresultjsp -3874- 7/1/2002 Property Information Detail for Taxes Payable 2002 Values Established by Assessor as of Jan uary 2, 2001 Values: Land Market $32,500 Building Market $29,500 Machinery Market Total Market: $62,000 Land Limited $28,400 Building Limited $25,700 Total Limited: $54,100 Qualifying Improvements Classifications: Property Type RESIDENTIAL Homestead Status HOMESTEAD Relative Homestead Agricultural Exempt Status 1121 Hennepin County is providing this information as a public service. Have a tax related question? Send e-mail to taxinfo@co.hennepin.mn.us Experience a problem searching database, have a technical question or wish to co Hennepin County Tax web site? Send e-mail to Don. Kopel@co.hennepin.mn.us Have a comment on any of Hennepin County's web sites or E-Commerce applicati, Send e-mail to Henn. Net@co.hennepin.mn.us Copyright © 1998 - 2001 Hennepin County http ://www2. c o. hennepin, mn. us/pins/addrre suit. i sp -3875- 7/1/2002 5765 Sunset Road (42) (4t) (~ -3876- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com July 15, 2002 Mr. Mark Stein 3320 Highway 25 Watertown, MN 55388 RE: Waiver of Plattiug Ai)plication Dear Mr. Stein: This letter is in regard to the waiver of platting application you recently submitted on July 1, 2002 for the propmty located at 5765 Sunset Road. Based upon review by City staff, the application has been deemed to be complete and will be tbrwarded to the City Council fei' review at its August 13, 2002 meeting If you have any questions regarding any of this information, please contact me at 952-472-3190. Sincerely, Community Development Director prlnted on recycled paper -3877- (952) 472,3190 EXECUTIVE SUMMARY TO: Mound Council, Planning Commission and Staff iFiROM: Sarah Smith, Community Development Director DATE: August 6, 2002 SUBJECT: City Code Section 365 - Signs BACKGROUND As requested by tine City Council, City staff and members of tile Planning Commission conducted a review' of tile sign ordinance at its August 6, 2002 meeting In general, the majority of tile discussion focused on temporary signs (ie. garage sale, special event, etc.) and directional signage for real estate open houses. Additionally, members of tine Planning Commission suggested tlnat temporary fi'eestanding signs in the downtown be reviewed for compliance with tile City Code. Based on its review, tile Planning Commission made tile following recommendations: Special events signage (lie. quasi-governmental / charitable / community event / public inIbrlnational signagc which is non-commercial in nature) be allowed in the ROW and on private property with the express pemfission of tine property owner(s) and subject to the regulations in City Code Section 365:15 Subd. (9) which regulates garage sale sign placement Real estate directional / open house signs shall be allowed in tile ROW subject to conditions. Include a provision in the sign ordinance which allows placement of garage sale and real estate directional signs in tile ROW as long as they are located (5) feet fi'om the curb and do not obstructive driver visibility at intersections. Continue tile use of portable signs for special events upon approval o£ the City Council. A draft ordinance based oil tile Planning Commiss'o ~'s recommendation has been included. -3878- CITY OF MOUND ORDINANCE NO. AN ORDINANCE AMENDING SECTION 365 OF THE CITY CODE AS IT RELATES TO THE SIGN ORDINANCE The City of Mound does ordain: SUBSECTION 365.15 Subd. 1 is hereby amended to read as follows: Subd. 1. No sign other than governmental units shall be erected or placed upon any' public way or upon public casements with thc exception of' garage sale and real estate directional signage as provided f'or itl Section 365:15. Subd. 9 (temporary signs). SUBSECTION 365:15, Subd. 9 hereby amended to read as follows: Subd. 9. Temporary Signs. (e) Garage sales signs will be permitted in conjunction with tile sale of household goods and materials fi'om the private residences. Such signs shall be exempt fi'om permits and fccs but shall be subject to thc following: (1) Signs shall not exceed 'four (4) square feet in area. (2) Thc name and tclcl}honc i1klmbt2r of thc party responsible For thc sale shall be clearly marl<cd on thc sign. (3) Directional off'premises garage sales signs can bc placed on private property providing that thc property oxvncrs consent is obtained prior to the placement of such signs. (4) Tiao usc of garage sales signs shall bc limited to fix, c (5) occasions per calendar year per residence. (5) Boutiques, craft sales, and others events of handcrafted merchandise shall be su[zject to all garage sales provisions. (6) Garage sale signs shall Dc limited to five (5) days per occurrence. (8) -3879- Passed by the City Council of the Git5' of Mound this day of 2002. Mayor Pat Meisel Attest: Bonnie Rittcr. Acting City Clerl< -3880- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION AUGUST 5, 2002 OLD / NEW BUSINESS a. Sign ordinance review Smith reviewed the current history from recent City Council meetings with the Commission. The two areas of most concern were: 1) the use of community events signage, such as church festivals, charitable or community events, etc., and; 2) the use of directional signage, particularly real estate signs for weekend open houses. After a short discussion the consensus was to allow temporary event signage as we are currently. Weekend directional signage for real estate properties would be allowed patterning our policy after the example from Minnetonka. Weiland had several calls this week about the following signs in town: signs across from Gillespie (canvases); the Trading Post "open" sign; Westonka Tanning; John's Variety (signs and greenhouse); fruit stand at Commerce and Lynwood. Smith will check out and address. Burma suggested, and others concurred, that garage sale signs should be allowed providing the name, address and phone number of the owner is on the back and that they be removed when the sale was over. Brown thought the suggestions made by Donna Smith on administration of garage sale signs was the way to go. -3881 - 5341 M.ywood Road Mound, MN 55364 (95-9) 472-3190 PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: July 30, 2002 SUBJECT: City Code Section 365 - Signs BACKGROUND Earlier this summer, City staff initiated an enhanced enforcement campaign to eliminate clutter in and around the streets and rights-of-way including the removal of improperly placed garage sale signs, directional signs, real estate signs and advertising signs. At its June 25, 2002 meeting, the signage issue was brought up as a discussion item by a local citizen to express a concern regarding the removal of garage sale signs from the ROW. Subsequently, the City Council discussed the issue and a minor amendment to Section 365:15,' Subd. 9 (3) was approved to allow the placement of garage sales signs in the public right-of-way. Additionally, the City Council also requested that the City staff and the Planning Commission review the sign ordinance to evaluate whether or not other amendments may be necessary. DISCUSSION o In general, the sign types and size requirements for the business and industrial districts appear to be adequate. Mound's sign ordinance does not specifically define the use of projecting sign(s) but indicates that signs can extend into the ROW no more than (18) inches. Many communities have amended their codes to include this 'type of sign. Material standards are not specifically defined. There is minimal guidance in the existing regulations with regard to lighting. The use of architecturally compatible monument signs is viewed as favorable especially in the downtown areas. -3882- 11. 12. All signs are prohibited within the public right of way and easements with the exception of garage sales signs. Signs are prohibited from being placed on utility poles. Signs are prohibited from placement within the Hennepin County and Mn/Dot highway rights-of-way. Garage sale signs are regulated in City Code Section 36515, Subd. 9 (e). The temporary placement of civic / quasi-governmental / special event signs on.private and/or public property should be discussed (ie. Our Lady of the Lake Incredible Festival). One suggestion may be to regulate this type of signage similar to how Mound regulates garage sales signs which appears to be prevalent in other municipal codes. The use of temporary seasonal signs should be discussed. Portable signs are allowed in the City for special events subject to approval by the City Council. 13. 14. 15. The City of Minnetonka recently revised its ordinance to address the placement of garage sale and real estate signs. A copy 0ftheir research report has been included. Similar to other communities, two of the most frequent violations of the sign regulations includes the placement of real estate directional signs and temporary advertising signs in the ROW especially on weekends (ie. open house directional signs) which are often placed for a limited amount of time. One of the difficulties in Mound for sign placement includes the determination of the ROW due to the varying street widths. In the event that signs are to be allowed in the ROW, one suggestion may be to allow placement at a specified setback (ie. 5 feet) with conditions for how they can remain in the ROW. -3883- STAFF RECOMMENDATIONS Include provisions in City Code Section 365.15, Subd (9) to allow the temporary placement of quasi-governmental/non-profit/civic organization signs to advertise special events in the KOW and on private property with the express permission of the property owner. Standards similar to those used for garage signs could be included. Include provisions to address directional signs in the ROW if the Planning Commission and City Council feel it is an appropriate use. Restrictions would need to be provided to address timing, removal, etc. A standard "placement" regulation (ie. 5-foot from curb) should be considered. 3. 'Consider eliminating the use of seasonal signs if apPropriate. 4. Conduct an analysis of sign standards for downtown and/or pedestrian districts. Q1 -3884- Mound City Council Minutes - Jun,e 25, 2002 PRESENTATION OF INTERIOR DESIGN OF LIQUOR STORE Greg Kinney of Tushie Montgomery presented floor plan of the liquor store to the Council, along with interior material and color samples. MOTION by Brown, seconded by Osmek to approve the selections as appropriate and give authorization to proceed with interior design based on budget constraints. All voted in favo¢. Motion carried. Mayor Meisel called for a 10 minute recess at 8:35 p.m.. Mayor Meisel called the meeting back to order at 8:47 p.m. 10. BUILDING OFFICIAL, MATT SIMONEAU, WITH OVE~IEw OF POLICIES ANB PROCEDURES Matt Simoneau gave a powerpoint presentation to procedures of the Planning Department. Lengthl of Metro West for inspections, scheduling of in point of Contact is needed, instead of at times having to contact the City. It was noted the City was between Building Officials Cou Metro West was used when we had a we used exclusively them, and how the policies and ;d regarding the use Ha stated that one Metro West and at West was used solely when. uested a report of how often often they were used when now. 11. REPORT ON ISLAND It was suggested that Public Works and Parks building can be hold until the space needs for the ~n a couple of years. Then'the fate of the MOTION by Ha refurbishing ~d Park gratitude and dee work won't be future~ 11A. SIGN ORDINANCE_ ' (Item added to agenda earlier by unanimous ..This item was added to the agenda following comments from residents regarding current enforcement of the ordinance regulating garage sale signs. John Dean suggested simply repealing the portion of the ordinance dealing with garage sale signs in the public way might be the thing to do at this time, until the entire ordinance can be reviewed and restructured. cease with any further studies on at this time, and to disband the task force - expressing e time that they put into this project. The Task Force's used in the All voted in favor. Motion carried. MOTION by Hanus, seconded by Osmek to pass the following ordinance. All voted in favor. Motion carried. -3885- ORDINANCE NO. 12-2002: Mound City Council Minutes - June 25, 2002 AN ORDINANCE AMENDING SECTION 365 OF CITY CODE AS IT RELATES TO SIGNS. MOTION by Hanus, seconded by Brown to direct staff to review the entire sign ordinance and present their findings to the Planning Commission for their comment and follow up to the City Council. All voted in favor. Motion carried. ' 12. A. B. C. D. E. INFORMATION/MISCELLANEOUS AMM Fax news LMCD correspondence FYI: 2002 Elected Official Salary Survey Letter: Donna Smith on garage sale signs Letter: Joanne Brandt on redevelopment - Mayo¢ becaUse the a section of the subject letter sugg owner in the Lake Langdon Redevelopment not been involved in the discussions of red~ Langdon District, and has abstained district. Kandis will correspond with the redevelopment that are obviously mi F. Article: 'thoughts about the mo, G. Report: Mound Police De H. Report: Finance Department- M I. Report: Gift J. Letter: Follow-up with K. LMCC July L. Report: Public ~! commented on this item connection as a property that she has related to the Lake matte to this clarify some of the points of )od. Department on Mound City Days 13. ADJOURN MOTION in favor. adjourn the meeting at 9:53 p;m. All voted Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -3886- CITY.OF MOUND ORDINANCE NO. t3-2002 AN ORDINANCE AMENDING SECTION 365 OF THE CITY CODE AS IT RELATES TO.THE SIGN ORDINANCE The City of Mound does ordain': ' Subsection 365.15, Subd. 9 (e) is hereby amended to read as follows: Subd. 9 Temporary Si.qns, (e) Garage sale signs will be permitted in conjunction with the sale of household goods and materials from the private residences. Such signs shall be exempt from permits and fees but shall be subject to the. following: (1) Signs shall not exceed four (4) square feet in ar.ea. (2) The name and telephone number of the party responsible for the sale shall be Clearly.marked on the sign. · .,~I,I,~I,~VI I~.,~.~ ~,V ~I II I,~,~l~.f.!~.l iv i~,/iV~,, ~1 II~I I~:=~.~,,,~I I~.~.,41 (4-) (3) Directional off premises garage salesigns can be placed on private property providing that the property owners consent is obtained prior to the ~.[acement of such signs. ~ (4) The use of garage sale signs shall be limited to five (5) occasions per calendar year per residehce. {-C~) (5) Boutiques, craft sales, and other sales events of hand- crafted merchandise shall be subject to all garage sale signage provisions. (-7-) (6) Garage sale signs shall be limited to five (5) days per occurrence. Passed by the City Council this 25~ day of June, 2002. Published in The Laker the 6~h day of July, 2002. Effective July 7, 2002:. - Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -3§i~7- Summary of Minnetonka's Proposed RevisiOns to theSign Ordinance GENERAL PROVISIONS ON SIGNS · 5 foot setback from the street pavement/curb · Signs must not obstruct visibility at intersections GARAGE SALE SIGNS · Off-premise signs are permitted on Thursdays through Saturdays only REAL ESTATE SIGNS · One open house sign per comer per listing · Off-premise signs are. allowed on Sunday afternoons from noon to 6:00 p.m., but not on any other days no other businesses are allowed to do similar off-site advertising. -3888- 8B 7/18102 Minnetonka Planning Commission Staff Report Meeting of July 18, 2002 Brief Description: Recommended Action: An ordinance perm~ng off-premises real-estate marketing signs and gazage-sale si~ns Recommend,that the City Council adopt the ordinance. Background Staff is proposin§ an ordinance that wou~d ~ow off-premises garage s~c and real estate open house signs, w/thin ce~ain restrictions. The sign ordinance currently proh/bits any type of off-premises signs. The City recently started a more aggressive enforcement program of nuisance and si~ violations, including weekend ~-forcement. Compliance is good:following the first' month of enforCemeni, and staff has received a number of favorable ca/ls from cor~munity residents. In addition, the use of off-duty firefighters for weekend enforcement h~ substant/ally improved weekend response times for both fire calls and other complaints. Area realtors are generally now complying with the City etd/hartco, with a few exceptions. Several Coldwell Banker Bumett agents reported that their corpOrate policy is to ignore the City's real estate sign ordinance. However, the local office manager indicated that their company has no such policy. On May 23, staff met with 24 local realtors, representing seven firms, to solicit input about the City's ordinance and recent enforCement actions. The CF_X) of the Minneapohs. Board of Realtors also attended. Primary concerns related to open house signs: Most of the realtors valued open houses as sales tools, both to market the home as well as to collect contacts for futare business. Homeowners selling theirhomes generally view open houses as evidence of tangible sales effort~ by their realtors. A si~mificant Pan of the traffic volur~e is reportedly curious neighbors. Realtors generally host open houses for the public on Saturday and Sunday afternoons, with some on Thursday evenings. Tuesday open houses are held for realtors to view each others' listings. Sunday afternoons are the most significant period. For exam. pie, the Star Tribune open house directory for the weekend of June 1 advertised 24 open houses in Minnetonka, only seven of which were not on Sunday. Similar distributions were evident metro wide during recent weekends. · Realtors differentiate temporary open house signs from arrow signs, Which remain up as long as the house is for sale. Some realtors believe that more permanent directional signs -3~9'~CMN0i9 NN i~N-~O-A.Li3 Me~tin~ of Yuly 18, 2002 Sublet: Ordinance Pennit~g:Offspremises Real Est~,~, and Oara~ $~I¢ Si~ are important, because the winding Streets and cul-de-sacs in Minnetonka ~ finding homes more difficult than in other cities. Other realtors disagreed that such signs are · There has been abuse by so~.realtors who put multiple signs .up ora Onc comer for a single liS~:;: ~by ino~eaaingthe.viSu~ clutter, The realtors ~enerat~y agtee~d that Sign~ ~hou!d b~ limited' t° one open house si~ per eamer, p~ lieting. Staff also s~eYed the ten cities that are ~lOsest to Minnetoiuka in poptilation.,~o reVieW their sign'~ctin~ces and enforeement policies. (See the survey on pages A4,.Afi.) The em-rent Minnetonka ordinance is generally ia line with oth~-eommuniti~ although specific req~ments vary widely. Othe~ cities do not currently have. regular weekend enforcement Off.site OWner's allowed Set-back consent Minnet°nka ~ No na Plymouth Yes 10' Yes Eden Prairie Yes na Yes Edin.a'" No 10' Eagan No 10' Ma~le Grove No 10' Woodbury Yes 5' na Burnsyille Yes 5' Yes Apple'Va]iey Yes 5' ~a Blaine' .: No, 1.0, coon Rapids No 18' On 1une 10, 2002, the'City CoUncil introduced the proPOsed ordinance, (See the minutes on pages A7-Ag.) ~7 K 'd [~8 'ON -3890-t~NOI3NNIIAI-JO-AIIO lV~ccting of July 18, 2002 Subject: Ordinance Permitting Off- r~r~ses Reai F. state Garage Sale Signs ....... p ,., ,,.,,and P~ 3 Primary Issues · Should open house signs be allowed? if so, when and under what conditions? Staff supports a change inthe current Ordinanbe'that would: allow off-pmm.ises open home signs on. Sunday afternoons ~om. 12:00 nOOn. ~ 6:00 Pm, but not on ~y o~'daYs. ~s Change wo~d ~ow si~s to ~ used d~ng ~e mOSt CO--on o~n hOUse PeriOd for ~e public; v~ few open house~ ~ held on ~s~ys ~d stuff believes that profession~ Refltors should be able to find open homes on ~es'~ys wi~out ~efion~ d~s.~ ~le Sa~day open house~ ~e sometimes held~ st~ beHeve~ ~at a Sun&Y-o~ H~ta~ion is a r~asonable conceasi~ to ~sist residents in selling ~eir hom~, WMle still ~fine ~ cl.~er in.~ co~ty~ It shoed be noted ~at no o~er:bu~iness is ]°wea off-site adve~slng ~d ~e c~ent o~nmee Pmh~bi~ ~ such signs. Staff ~r recommends that off-prenfises open house signs be subject to several restrictions that are common and easily understood: Set.back..Five-foo.t .s.¢tback imm the street pavement/curb, and requirement that signs must n.m obstruct ws~btlity at in.seCtions. This relatively liberal setback allowance recogrnzes the difficulty in placing signs in visible locations. In addition, the revised ordnance requires that signs not be placed On State, County or MSA rights-of-way, which is a requirement-of state law, Th/s res~cti°n generally results in a ~eater setback ~equirement for all major roa& in the city, but' ~.taff intends to limit enforcement to major ~iolations. Number. Only one sign per intersection per listing. This restri~n is supported by the realtors, and will help ~nimize clutter and possible sight obs~fl°ns. No other limitations on total numbers or proximity are suggested, in order to simplify compliance and enforcement, :' · Consent. Individuals placing off-premises signs must have the permission of adjacent property owners. ~- Should garage sale signs be treated the same as real estate signs? If not, what standards should apply? :'. ' ' No, Staff appreciates the ne~d to assure fairness in enforcement for real estate and garage sale signs, and that garage sale signs are often less attractive than real estate si~s, Nowever, ~ 'd lES'ON -3891 ;)~NOi~ NN I W-_40-AI I 3 Meeting of July 18, 2002 Subject: Ordinance Permitfin$ Off-prcmises Rcal Estatc and Gara~e. Sale Page 4 staff believes that the community perceives garage sale signs differently, and that a separate set of standards should apply, Staff recommends allowing additional days for garage sale signs, but with ~imilar -~tandards for placement. Under the revised ordinance, off-premises garage sale signs will be permitted on Thursdays through Saturdays. These days are the most common garage sale dates, and a limit of three days will help mitigate visual clutter. Ail other setback, number arid consent restrictions on open house signs would apply for garage sale signs. Staff Recommendation estate s~gns and garage,-sale signs. Originated by: John OunyoU, City Manager Oeoff Olson, Plarming DirectOr ~\wORD~c\0202P.02~4o~ - 3892-'){ NO.LB NN I ~-'10'A.L I ~ toot'ti'ann ORDINANCE NO. 2002- AN ORDINANCE AMENDING CITY CODE SECTION 300.30 TO PERMIT OFF- PREMISES REAL-ESTATE MARKETING SIGNS AND'GARAGE-SALE:SIGNS THE CITY OF MINNETONKA ORDAINS: Section 1. Section 300.30,9 is amended to redesignate existing subparagraph (k) as (m) and to add two new subparagraphs to read as follows: General Regulations, The following regulations sha~ apply to all signs permitted in all districts. Off-premises real estate marketin_.a SiCLnS are.permitted as foliows~ .:1) must be at least five feet from the ed,qe of a public street and must nol .obstruct driver, visib Ilty at intersecti~riS; " 2} may not be on the right-of-way o.f coun_ty and state roads and municfl~al state-aid streets; 3) are limited to on,,e per intersection _per reaJ estate listing;- 4 must receive ermission from the under! in ro err owner- and 5) may only be displayed on Sundays between ,12:00 noon and 6:00_p.m. ...Off-premises garage sal,e signs am.permitted as follows: The str!cksn language is deleted; the ,sinq!e,-underlined language is inserted, 'd [E~ 'ON -3893-~')~ NO.L] NN I I~-50-A± I O .ORDINA_NCE NO, 2002- Page 2 1_)....must be ~t least five feet the edqe o. La public street and must no~ obstruct :driver .visibility.at irltersec'tions[ .~2) may ~e_t.:be.on the rlqht~of-~wa¥ Of ~ounty ~or stat~ roads' and muniOipa~ ...... s~6~iA'ia streets; ~' 3). are ]lmlted to one'~er intersection pei~qara~e Sale, .4,). mUst re. celv.e, ipermission fm~:~he adja~n'.~.Prop~ ~ner, and S~. mav only be_d, isplayed ,Thursda¥.s_throu,qh Saturdays Section 2. Section 300,30.10 (h)is amended to mad as'.fblloW~: 10, h) Pre'lii~ited signs, The fOllOwing ~esof sighs ate eXPreS:~ly prohibited in ali districts: · ~ .. , · ~ignS'~Within public right;~f.~Oay ex~pt for offiCial.traffic signs and those .s.peeiflea iff ~b'pa~ra_q"~;~Ph 9 (k) an.d' il); Section 3. Chapter Xill ''~ of the mty cOde, .:., . Section 4. This ordinance is effective immediately. Adopted by the city council of the City of Minnetonka, Minnesota, on Karen J, Ah:ders6n;'M~Yo'r' "'""~ " Al'rEST: A violation of this ordinance is subject to the penalties, and provisions of ,2002. The str4ek, e~ language is deleted; the__slnale-underlined language is inserted. 1 ~1 L 'el L[O'ON -3894-¢XNO/3NNIIN-JO-^ItO ~ag~::~ ~O0~'L['lnr Ordinance Comparison Regarding Real Estate Signs p_Nmouth Ordinance: Policy: one sign is allowed per frontage on premises. Off pmmlses signs are. allowed only on private property with the property owner's consent and only one sign per ~omer~ signs locat~ tP ~h~ dnht.nf. way are not a~lo~e'd, signe shall be set beck ;~'Te~[ trom cur~. Any signs ~und, in the right, of-way or not within setback will :be confiscat~ bY se city during the weak. Them is no weekend enforcement, but is monitored by a complaint basim Signs are returned f0'ra fee., Ordinance: Policy: One sign is allowed per frontage on premises. Off-premises signe are. not allowed~ This includes garage sale signs and campaign signs. All signs must, maintain,.~, Any signs found off-premises are confiscated by the c~ on a da~y basis. Signs are a~so con,scared i~ ~here is a complaint. Clean sweeps of the ci~, including weekendS, are done seYeml ~imas a year~ Otherwise, no weekehd enfdrcemerit cbYr6htly exists, Coon Rapids Ordinance: Policy: Bumsville One sign is allowed· Per fmntaga on pr~mi~es. Off premi~ns are,not:allowed. This includes garage sale signs. An ~~ Monitored by the city on a dally basis by inspectors, Also, monitored by a complaint basis, Will not cohfisCate signs off private property unless there is a complaint, Real estate signs are kept for 30 days then discarded; garage sale signs are thrown away immediately, There is no weekend enforcement currently, in place. - ~ .. Ordinance: On site signs are limited to one per street frontage. Off premises signs are allowed for directional purposes, but only one sign per street frontage and only within a one-mile raditlS of the'~s~le, ~ ~ jly, Off premises signs must maintain~=..,.~=.:--~u=u~ ~r&nI - igns can only be placed on private property ~f the owner gives consent not in the right-of-way, Signs are Iithited t° 12 per open house and 2 per InterseCtion. [[8'0N - 3895 N013 NN I IN-.,-I O-Al Polic~ Inspectors regularly pull signs if they are in 'the right-of-way dur, ing.. the week and by complaint basis. Signs are also pulled fl'they do not meet,themquired setback, Weekend enfomement:,currently does.notexist, .~ ~.. Eden Prairie Ordinance: Po/icy: One sign is allowed on site. ~premises signs in the right-of-way are not allowed; Off Premises signs areallowed on private property wlth~thepmperty owner~sconsent between {he houm of '10:O0pm Fr!.day to 6:00am Monday, Signs,caMnot, be pla~3ed furthe~ than 2 miles from the sale site. ~ai~a~laaa~a~ioned. Weekday enforcement is conducted by city zoning enforcemeht offices, although not considered a priority, When time permits stricter.sign sweeps o~cur especially if non-open: house signs become' numerous., Generally~ signs are not given back:but exceptions are .made and a $,lO'.fee must be p-aid,~ receives a spec~c:cemplaint the '.sign is I~eviewed and;tf compliance it will not be pulled, All signs that pose a safety hazard are pulled. Maple Grov,._e Ordinance: Policy: Edina ~ Ordinance: Policy: One sign is allowed per frontage. ~. A_lO,fe~:it-setback-fmm-tb~,p. uz, Zds-r.a~liillla~i~ Off premises signs are ~nfiscated bythe ci~ during the,Week but not on the weekends, Signs are kept for one week then discarded. Signs on prbate pmp~ are not'~nflscatad. One sign ts allowed per ~on~ge. all~. A t0 f~t setback is resulted ~m Off premises signs are not regulated unless there is a complainL Ci~ allows for open house and dim~ional a~ow signs on the weekends for a ~uple houm. Signs on pr~ate pm~ are not ~nfiscated by the c~. 0[ 'el [E8'0N -3 ' LV)IN013NNIIN-J0-AIX3 tAlag :g :O0 ,'L["lnC WOodbury Ordinance: Policy: One.sign is allowed :per streetfmntage., Off.premises' signs are allowed only for open houses and only for a mm~:imum of 48 hour~. Enforcement is conducted on a daily basis with non-open house signs being confiscated. Signs attached to utility polesare also removed, as .well as signs not maintaining the required setback, Weekend sweeps occur occasio.nally when non,open house signs become, numerous, All signs are confiscated if there is' a complaint. ~ppJe. Vallev Ordinance: Policy: One sign is allowed per street frontage,... Off ;premises: signs are allowed onlydufing the hours of the Open~.hOuse, This includes directional arrow signs, one Sign.is allowed per street ~entrance and there is The city will confiscate signs during the week if there is a compiainL The city also finds that it is too difficult to monitor open house signs therefore enforcement isn't a priority, Signs on private property are not confiscated, There is no weekend enforcement. Policy: Blaine Ordinance: One sign is allowed per street frontage,'~%~~~m~~ .-...a~~c=u.--~ff premises signs are not allowed, ' Depending on the current Council, o~prem'ises signs are not enforced unless there is a complaint. Occasionally weekend crackdowns occur but not regularly. All signs will be pulled if there is a complaint. [£8 '0N -3897-/~N01~NNI~-J~-kI[9 ~d[~:f ~00~ 'L[ '~ PAGE i2 ME'Ne ~ JUVEnal:o, 2~2 ~ 12, INTRODUCTION OF ORDINANCES. O~inanoe pe~itting.off-Pmmis~.real estate open house and Gunyou reviewed the information in the' staff report to introduce this item. Koblic~k asked if the changes-would alSO~relate~to other.,:signs, such as campaign signs.and~.ethe? adve~isements: GunyOu said the changes woUld.only affects, real estate open house andgarage sale signs. Ali other signs would continue to fall within the' existing city ordinance. State law regulates campaign signs. Atlendorf said:;that, a :sign-fiVe feet,from the:~pavemstit'~might still be in the. dght-of~way~, wl~ch Would.mean: that'the:'oity .was~ not enforcing to the law. Gunyou agreed ~that state law prohibits signs wfthin the' right-of~way of state= ~ounty, and municipal state aid roads~ which: includes all' major roads in Minnetonka. Rights-of-way vary, ~but am,{ypicallyil 0 to ~;~ 5 feet from the ~rb, If the city strictly enforced the state:law~ even gamge.salesigns would be illegal. StafTthought~that. enf. oj~oing ~unEornily.,~O f~e:feet ~de sense and simplified the p~ss~: because ~atwould be the standard for all other, streets.in Minnetonka:: ::~:. Ailendo~ said that?o~r cities have ten. or five. ~ot .requirements or none. He did not think that othe~::..~es:had:~ee .~. nd. enfom,,ement efforts. Gunyou said that other cities don't enforce every weekend; but.,~ey do~periodi¢, sweeps · Oa~lis~n asked i~{ re~t~..~signs for'UpsWept, bUil~g~ wou Id be perml~ ®unyou S~.d:thattheywou!d n~ ~.!~S they. advertised an e~ heuse~ He,~d~ded. that ~ wa~.:n0U~elY.to s~ctly check 6n'Open h%s~, and'exPected that real:~.e.s~e slg:ns :~various types might show up during the allowable Sunday period. City Attorney Desyl paterson said that there is case law related to regulating ha,sad on ,~-~te~, S he.~ed ~a{' ~e,q~s· Sign A7 ~I 'd [g.g'ON -31~'8-¥)~NOI]NNI~-50-AIIO ~di~[:':~ [O0~'L['lnr' C;IT¥COUNG;IL MINUTEO · PAOE 1~ MEETING ~ JUNE 1 D, 2002 K-'Callison asked if garage sale signs posted on Wednesdays Would be removed. Gunyou said.:that it~s.~med reasonable to:allow. garage sa, lo signs to be posted late in the day on Wed..nesdays. but ' Dot eadyin the morning ,. Gunyou said that the council could choose to allow garage sale signs anytime, but said~that three days seemed a reasonable compromise tocontrol ~lutter. Thursday, Fridayand Saturday are the most common days for garage sales. Cailison was concerned about establishing another ordinance, that could notbe enforced, She felt the reference to "adjacent property owhers" was confusing, and asked staff.:to clarify that {he ordinance requires that permission he,received from the underlying property owner. Schneider said it=would be impossible to enforce a ban on all signs. Staff had crafted a compromisethat :could be~reasonably enforced. The proposed ordinance would offer a better long-term solution than the existing regulations. ~. : :~ - Taue~thought that the new .proposal was well thought out and pra~cal. He auld make a distinction between real estate and garage sale signs beCause garage sales en~urage the positive practice of recycling~ Tauer said .that five. feet m!ght, be:too close, and thought enforcement ShOuld be based on Visibility,. He would support allowing open house.signs earlier on SundayS, perhaps beginning at 9 a,m. (Dr 10 a.m. Gunyou said that realtors commonly P~"the signs up just before theiropenh0uses and .do not want to encourage early arrivats~: Allendorf was concerned about putting language in the ordinance if there was no intent to enforce it. He suggested a reference to keeping the site:view open. HewaS troubled about seffihg a five- foot setback riot cons'i~ent ~ :state [aw~ :He liked al l~Wing only ohe'~ign.~::iritersectioh, He would,nOt spree all0Wirig garage sale ::signs all weel( Schneider said th? the five,foot setback requirement made sense ~d'::wouid a~id .~g~ns :at ~e ~ge bf~ ~ :He said that the state COUld enf~t~ :th~i~.'laws if ~ey wa.ht~ a greater setback. Ken Johnson of Edi'~a. Realty, spo~e as':t~e fo~ei- president of the B°ard of Re~ltors andyne~ Edi~ ch:amber of. c0~mer~. He said · at::~e sigii i:~u~'~bO~e~: up abb.~;~ve~':~five yea~i :a~d not just in Minneton~a?~itie~'=e~or~, then the problem resurfaces. He said that realtors try to police themselves. Re~+~,,'~ hope ~at rea! estate o~,,~= could ~ =.,.,,~,~a on both 'd [ES'ON -3899-.f){ N0± ~ NN IIN-~ 0-Al I 0 CITY COUNCIL MINUTES PAGE ~!4 MEETING OF JUNE ~'0, 2002 Saturdays and Sundays to directtraffic to open h°uses. Realtors would help get the message out. Johnson noted that builders have Parade of Homes signs up for throe weeks each spring and fall. He said that signs for homes being sold by their ovmers should be ~"sated the same ,,-,-ay. Koblick was glad that the city was address~g this issue in a ,.,~, ,,,~,, Way. CaHison suggested' that Johnson. repeat his comments during the planning commission dis,~JsSion ~ the ordinance. Anderson was pleased with the direction of the discussion and felt this a~on would move the city tm#ard an e~orceable ordinance. She noted the effectiveness of the weekend e,'~,,omement program. Allendoff said that doing weekend enforcement should avoid the inunda~Jon of sign violations eve~ five yearn. Anderson asked about the cost of the weekend enforcemem. ~'"""" ' said that it ,~.~,,,~ ccsts a few hundred dollars per weekend. He said enforcement efforts include all nuisances, not just signs, Staff intends to continue the program, regardless of wh, at changes to the sign ordina~'-~,e are eve~uatty adopted. In response to Johnson's question; Gunyou said that the ordinance covers all real estate signs, incJuding those properties for sale by their owner. Anderson clar'~ed that the regulations only apply to off premise signs. ..Tauer moyed, Kob!!~. seconde..d, a motion to introduce an ord..i.nance p.a.rmlffh',,~j off-~remLses rea~ estate open hO~se and {3a:.-ac~e sale .s[ons..and .to refer the.ordinance to the planning .commission. Ali voted 'yes7 ~otion c~ed. 'd 'ON 107 -3900-~'TMNOI~ NN I~-:IO-AII 3 ~d'v~ :[ ~00[ 'IL "]nP emporar t House · on. propertyl Other feet Home occupation information may be nam~:'t:) ate ":'!:~%:;:: ,:. ~: :4' · ...... ' %:;.-':'":'!;!~,',!?:'"':~- '"·~:"!!? ::;;,;;' , 2,: · :,(~' at least Until the ~Gmplete; · .. ~,.-:, .,../..~,'... ';'~: .'." :i' :;':., such "PROHIBrrED SIGNS hest'bCSiae'W~lii;. height'from side pi'oPerty' lineS'"a'~8 ::; least 10 feet from public ' Si.qns that i'n'te~fe~ With' · ~: .'. ~-~":~}~:':b · .' ' ~ ",.,, '"~;,~.~ .; :'. .. PERMIT !:'REQUIRED F( ';4i::~' :, ::;;.': · RAR¥ .S I G N S ~ AT P LAC E S :..-.:;;O F °' '::/Port,ibis' signE.? ~.:~..:.,...~.};' .,..-:,..i:?, i.; ';?'.i:'::;!;i;',';':":-:;. ! '::(,itl. i;; ;'(:!;' .i".'.' ~'ORSHIP¢SCHOOLSi PARKS '~ND' * Flashing sign's.,;., i',:': ,': . ." "'~: ,;':'!;ili;i!,."'~:~:(?:-i.':' ' B · ' " · ::'"' ' " : '"'" ' ' ' '':~'''':'';''''''''' '"':"' U LIe BUILDINGS ";..":, . ,.'....' ~ .... '. . :. ~a :.~.: ..... ;: ....... On*Site .:'' .'. ":.. ,':' ....," '!,.,.k-~ ..?...' ,,"l'X~~l'~;~ ""' emporary Sign '. ';. /.. ': -': ~1~ ~ ':?,r~'r,T,~o. ' ." '?-"':';;!L':'' i%; ' '?!'$ize~ One sign up to 39'square'feet' '.!:ii!' i~;":'.h}: !?~."and On~ up to. 16 square feet per "i':.ii; lilt!street frontage.. 'i .:: ;:, ..': ', '"~~~ :'i: ../." i?;?tocation'.. Set back at least ~ feet'fr°m QUESTIONSI¢OMPLAIN"r~. : :'. :.....:; .' i!;i';:a.* str~ ~isht~-of-w~,. ,o more.tha,' I ro~ question_~.~..'.b~, the cit,/s sia, r~gul,- :.. ?:'~ , ~,~.,:,,,~,4h~'".,h,',, :,-,;;- S~',oet I tions,-call'lcuHalng and Inspection at : .................. ~ -.o,,,,-. ..... ~ 619 948 8930' To re is i~i:': f ~tage' If thre~ feet high 0¢ leSs'land [ ( ) , .. .~". . 9' ter 'a sign com- ' ~."' ........ r~o~.,x,; Io-*' th~;'"""' ........ [ paint on 'weekends/call the'Poi ce ; "' ~;5. .~ .............. ~ ..,- ml~.mum , . . , · . .:: :.~ - ' 1 -3902- § 48-31 WATERTOWN CODE h. One temporary area identification sign setting forth the name of the project, architect, engineer, planner, and financing agency may be installed at a con- struction site in any district/'or the period of construction. Refer to section 48-33 for size requirements. i. Campaign signs for candidates for political office or by a person or group sup- porting a candidate may be placed in any district subject to the requirements of the district (refer to section 48-33). Campaign signs may be posted for a period not to exceed 60 days and shall be removed within seven days following the date of the election. pplicable provisions of the Uniform Building Code. 1. Businesses within the C-3 zoning district must select either a freestanding, pro- jecting, canopy, or wall sign. m. Maximum aggregate sign area within the C-l, C-2, and I-1 zoning districts shall not exceed 100 square feet per lot. n. Maximum aggregate sign area within the C-3 zoning district shall not exceed 80 square feet per lot. o. For ali signs within the C-1, C-2, C-3, I-1, or A-1 zoning districts, a setback credit permitting additional individual si~n area is allowed when signs are located beyond the required front yard setback. Such credit allows an increase of one square foot of sign area for each additional one foot of setback beyond the re- quired front yard setback. The maximum sign area shall not increase by more than 50 percent. p. Any sign type or classification not specifically defined herein shall require formal review by the planning commission with final approval by the city council. q. One address sign shall be required per building in all districts. (2) Exempted signs. The following signs are exempt from the provisions of this chapter: a. Informational signs not exceeding two (2) square feet in area displayed strictly for the convenience of the public, including signs which identi£y restrooms, waste redeptacles, addresses, mailboxes, or building entrances/exits. b. Memorial plaques, cornerstones, and historical tablets. c. Ptlblic signs, street signs, warning signs, railroad crossing signs, or signs of public service companies for the purpose of safety. nerswhich exclude signage. ' The follOwing signs do not require a permit or permit fee. The ~ omer requirements of this chapter remain applicable. a. Temporary political campaign signs. b. Temporary real estate signs pertaining only to the sale, rental, or development of the premises upon which displayed. · Supp. No. 1 CD48:6 -3903- SIGNS ~ § 48-33 c. Temporary area identification signs on construction sites. lishments or special events. f. Decorative banners which exclude signage. (4) Prohibited signs. All signs not expressly permitted under this chapter or exempt from the regulations hereunder in accordance with the previous subsection are proh/'bited in the city. Such signs include, but are not limited to: a. Billboards. b. Portable or mobile signs. c. Flashing signs. d. Revolving, rotating, or moving signs. e. Attached-roof signs. f. Spot or beacon lights. g. Illuminated signs in residential and agricultural areas. h, Bench signs. i. Use of a stationary vehicle or trailer as a sign with the exception of the magnetic signs which may be attached to the side or sides of a vehicle. j. Projecting signs in all districts except the Central Business District (C-3). (Ord, No. 195, §§ 3(A)--3(D), 3-22-94) Sec. 48-32. Nonconforming signs. Any sign legally existing at the time of the passage of .the ordinance establishing this chapter that does not comply with the requirements set forth in this chapter shall become a nonconforming sign. Nonconforming signs shall comply with the following requirements. (1) Permanent nonconforming signs shall be allowed to continue but shah not be rebuilt, relocated, replaced, or altered without being brought into compliance with all of the requirements of this chapter. (2) Temporary and illuminated signs not conforming to the requirements of this chapter shall be removed or made to conform within 60 days following written notice from the zoning administrator. (Ord. No. 195, § 4, 3-22-94) Sec. 48-33. District sign regulations. Maximum size requirements by sign classification and zoning district are set forth in the table below. Certain signs that are designated as not applicable within certain districts are prohibited within these districts. Supp. No. i CD48:7 111 -3904- OUR LADY OF THE LAKE CHLrRCH 23g$ COMMERCE BLVD. MOUND,. MN 55364 jUne 25, 2002 City Council Mound, Minnesota 55364 Dear City Council Members, I am writing on behalf of our Incredible Festival COmmittee here at Our Lady of the Lake Church. Each year we print up and distribute 400 'yard signs' for our parishioners to put on their property. W,e put them up two weeks before the e. vo.n* ~na re[nove them immediately after. -- According to a recent article in the Laker, we may now have a problem doing this? How would we, and other organizations in town, be affected by enforcement of these rules? I encourage you to take a look at the impact that the 'policing' of yard signs may have on charitable organizations here in the community. ThardC you for your consideration. Sincerely, Rhonda M. Eurich Administrator Our Lady of the Lake Church 112 -3905- June 18,2002 To: Mound. Mayor Pat Meisel and Mound City Council Members Brown, Hanus, Meyer, Osmek j From: Donna Smith 2531 Avon Drive Mound, MN 55364 Tel: 472.4363 Re: Mound City Code 365.15 Subd. 9 (e) Temporary Signs dated 1/21/01 Recently garage sale signs have been removed from street corners in Mound by community services officers. I believe that no one should leave their signs up past the sale date, but I also believe that Mound residents should be allowed to place signs as they have in the past. I have reviewed the attached code and would like you to consider these changes. For (e) (3)'"within the public way" is unclear. I put my garage sale signs near the ground by stop signs but they never block the view of drivers. I remember that signs may not be placed on telephone poles or light standards, and you might add street signs to that. Consider having residents place the dates of their sale on the sign. Consider having residents put their house number on the sign. Then a commun~ services officer could return the sign to any offenders, and possibly ticket them if their s~gns were up past their sale date. My signs are an important part of my successful garage sale, and I don't want the city to destroy them. I'm retired now, and have lived in Mound all of my life. I support the city's efforts in revitalization and growth, but I believe that if the city now begins to actively enforce a code that was passed on January 2i, 2001, it will irk law-abiding residents like me. Summers are beautiful in Mound, and weekly garage saling is a favorite past time. Please keep it from becoming a hassle for the fine people who live here. cc: City Manager Kandis Hanson 11.~ -3906- 5341 Maywood Road Mound, MN 55364 (952) 472~3190 MEMORANDUM From: Date: Re: Rhonda Eurich Sarah Smith 7/22/2002 ' Our Lady of the Lake Church Incredible Festival Signage Tl~xk you for the opportunity to visit with you last week regarding the proposed signage for the Incredible Festival to be held at Our Lady of the Lake Catholic Church in September. For your review and infom~ation I offer tl~e following comments: Pennant / Banner on CsAH 110 Cia Code Sectioxa 365:15 'Subd. 9 (C) allOwS temporary, banners and pe~mants employed for sPeCial events as long as they are removed within (30) days. Pemaission from Hennepin County is also requiredl Portable Sign / Sandwich Boards. City Code Section 365 Subd 10 allox~,s the use on portable signs upon approval of the City Council subject to cOndition.q For your review m~d ilffom~ation,: fl~e upcoming CiD, Council meetings will be held on August 13 and 27. Yard gl-°ns. The City Code is silent upon the use of "special event" placed on private property. If apphcable, fl~e regulations which goreTM the use and placement of garage sale signs could be used. Planninl~ Commission Review of Sign Ordinance, Be advised that the sign ordinance Xvill be reviewed by fl~e Piamfing Commission at its August 5 meeting as directed by the City Council. 114 -3907- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 Phone: 472-0600, FAX: 472-0620 REQUIRED INFORMATION WHEN APPLYING FOR A SIGN PERMIT_ .2. A scaled drawing of each new sign must accompany the application, This drawing shall include: Dimensions of sign measured, in feet. Colors of sign· Message to be printed on sign, If a free standing sign, the height of the sign mUst be provided and shall be measured from grade to the top of the sign. A survey or a scaled sit, e plan is required for all proposed free standing signs, and shall include: .... LocatiOn of all lot l. ines. Location of proposed 'sign reflecting distance from property line to the furthest most projection portion 'of the sign. North arrow. Location and names of streets. Scale' of drawing, An aPPlication for a wall sign shall inci.ude the following: A scaled drawing of the affected wall reflecting dimensions measured in feet. Location of proposed sign on subject wall, indicating dimensions. 11~ -3908- SIGN P~ APpLiCATION City of Mound, 5341 Maywood Road, Mound, MN $5364 Phone: 472-0600 FAX: 472-0620 OF SIGN LOCATION ZONE BUILDING OWNER PHONE NAME OF APPLICANT (if other than owner) PHONE APPLICANT'S ADDRESS SIGN CONTRACTOR PHONE PLEASE INDICATE NUMBER OF SIGNS APPLYING FOR: being requested, see back): TYPE OF SIGN: wall mount SIZE OF SIGN REQUESTED: ft high x (if more than one wall sign is free standing/ temporary ____permanent ' ' sq ft ft wide = , , TO~/.. /,, SEASONAL SIGN: DATES TO BE ERECTED: FROM /, /__ FREE STANDING: HOW HIGH WILL SI/G~:BE";- FROM GROUND LEVEL TO THE TOP? WALL SIGN: WALL AREA'~: ft high x ft wide = NUMBER O~ EXISTING WALL SIGNS: LIST SQUARE FOOTAGE OF EACHEXISTING SIGN' TOTAL SQ~i'~FT. OF ALL EXISTING WALL SIGNS: sq ft sq ft PERCENTAGE OF WALL AREA COVERED BY SIGNS: DESCRIBE SIGN ('message, ~terials, is it illuminated, etc.): percent Applicant's Signature Date I//////////////////////////////////////////////////////////////////////////// Comments/Conditions: RECEIVED BY & DATE: APPROVED BY PLANNER: [APPROVED BY BUILDING OFFICIAL:1 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: Date: Re_:. Local Real Estate Companies Sarah Smith, Community Development Director May 17, 2002 S/ga Pla~emmt. Regulatiom ......... On behalf of the City ofMounch I would like to Offer the following liiendly reminder regarding the gemxal placement ofmal estate signs in Mounck · No sign or stme0~ shall be placed within the public right-of-way or on public property. Signs shall be placed only on the premises involved. Directional signs are not allowed: One (1) real estate sign may be placed in any district for the purpose of advertiMng the lease or sale of property upon which it is placed. Only one (1) sign shall be permitted per slxeet and/or lake frontage, Real estate signs are exempt from permits and fees provided they meet the following minimum requirements. Such sign must be removed within seven (7) days following lease or sale. - The maximum size of real estate signs for each district is as follows: R-1 and R-2 Districts five (5) square f~t R-3, R4 md PDA Districts eighteen (8) square feet B-1, B-2, B-3 andI-1 Districts thirtytwo (32) square feet Terrrporary real estate promotional signs may be installed for the purpose of selling or promoting a residential project of ten (10) or more dwelling units or any non-residential project subject to the regulations set forth in City Code Chapter 365:15, Subd. 9(b). Please be advised that the improper placement of real estate signs (i.e. within the public right--of-way) may result in the removal of such sign by City st~ In the event you have any questions regarding thlq information or would like to request a copy of the local sign regulations, plesse feet free to call me at (952) 472-3190. Thm~k you. 117 -3910- -3911 - Mound City C_,~e · 365.00 Section 365 - SIGNS. MS.01 Purpose. The purpo.m of this Section 365 is to protect and promote the general health, safety, weffm'e, and order within the City of Mound through the establishment of a comprehensive and impartial series of standards, regulati'ons, and procedures governing the erection, use and/or display of devices, si. gm, or symbols serving as visual communic~ve medi~ The provision~ of this Section 365 are intended to encourage oreativity~, a reasonable degree of fn~om of d~fice, an opportani, ty for effective communication, and a sense of concern for the visual ameni~s on the part of those designing, displaying, or otherwise utilizing needed communi¢.~ve media of the types regulated by thi's Section 365; while at, the same time assuring that the pubtie is not. ondangor~l.~, anaoyed, or distracted by the unsafe; disorderly, indiscriminate, or onnecessmy use of meh. communicative facilities. 36S.0~ Admln!~ti0~ and Enforce, mem. Subd, 1. ?.e~t Re,lull. ed. Except as herein egempted, no person',' firm, or co,perdition shall install, ~rect, rrelocate, modify, alter, Change the color, or change the copy of any sign in t~ City without first obtaining a permit. If a siga autho~izad by pen~ has:.not been- installed within. 3'65. days from the date of issuanoe of the pen-alt, said. permit shall become void and no fee shall be refunded. Subd, 2. Application a~d Fee,. Application for permits shall be' made in writing up~a printed forms furnished by the City. Each application for a permi:t shall set forththe eon'~et PI/) ~nmn~ bet of the t.-~.t, of land upon which the sign presently exista or is proposed to lm lo/mt~., the loaafion of the sign on said tract of lan& the manner of construction and. ~s used. in the sigrt, a complete de~ripfion and sketch of the sign and such i, rdorma~on as the Cigt -.Council. deems necessary. Every applicant shaH. pay a fee for each sig~ v~al~ by .this Section 365 before being granted a'permit, Sign permit fees shall be esmbli~, i~ aee~rdar~e wi~ tim Provi~'mns of Section 500.of the City Cade. A triple fee shsl! .be, oharged if a ~ig-n is erected without first obtaining, a permk for sueti sign. T~~ signs shall be exempt from fees and permits except as noted in Subd. 9 of Sabseel/on 36:5.15. (.ORD,, 01-2001, 2/25/0.!) Subfl, 3, Annu~.~..,n.~n .ecgon. The Building Inspector may annually inspect att signs to s~ that ~err/si§a e~aplies with the minimum standards set forth in this Section 3'65. A we/~n r.o/~.rd of,'ali, such inspections shall be I/ept. Subd, 4 Exeml)flons. No pennit shaH be required for the following signs provided, lae~, that ~ s~as herein exempted from .the permit requiremems shall conform with alt. ~ ~qairemems of this Seetion 3.65: 2/25/02. 119 -391 2- Mound City Code 365.05, Subd. 4.a. (a) Window signs plae~l within a building and not exceeding' 50 percent of the window area. Address, name piaee and/or identification signs havi. ng an area of two (2) square feet or less. (e) signs erected by a govermnental unit. (fl) Signs as described in Subsection 365.15, Subd. 9. (e) Signs which a~e entirely within a building and not visible from outside said building. (0 Campaign Signs. (g) Off-Street Information Signs. (ORD. 00-111, 1/21/01) Subd. 5. Variances. The City Council may grant a variance from the requirements of this. Section 365 as to specific signs where it is shown that by reason of topography or other conditions that strict compliance with the requirements of this Section 365 would cause a hardship. A variance may be granted only if the variance does not adversely affect the spirit or intent of this Section 365. Written application for a variance shall be filed with the City Clerk and shall state fully all facts' relied upon by the applicant. The application shall be supplemented' with maps, plans, or other data which may aid in an analysis of the mawr. The application .shall be referred to the Planning Commission for its recommendation and report to the City Council. Subd, 6. Ex~inl Noneonfo~!~.Sinns, Any sign existing at the time of adoption of Us S~efion 3.65 w~hi~h does not. conform to the provisions hereof shall not be rebuilt, altor~t~ or retoeatad wi~out being brought into compliance with .the requirements of this S~-fion ,~5, After a. nonconforming sign has been removed, it. shall not be replaced by a~o~or nonaonforming sign. ~er~ver use of a nonconforming sign has been discontinued for a period of three (3) month~, such use shall not thereafter be resumed unless in conformance with the provisions of tl~s. Section 365.. -3913- Motmd City Code 365.05, 'Subd. 7 Subd. 7. Existinl- lllegal Sigmas. All illegal signs existing at the time of adoption of this Section 36S ~vhieh do not conform to the provisions hereof shall be removed within thi,ee (3) months of the adoption, of thi.'s Section 365 and subsequent notification by the City. Subd. $. ¥iohtions.. If the Building Inspector finds that any sign regUlated by 'this Soe~ 365 is prohibie~i as to size, location, content, type, number, height or method of e~mstmetion, or is unsafe, insecure, or- a menace to the public, or if any sign has been oonamaete~l or erected without a permi't, first being granted to the installer of said sign, or to the owner of the. property upon which said sign has been erected, or is improperly raai~ed, or is in violation of any other provisions', of this Section 365., he or she shall gave w~i~ten notice of suah violation to' the owner or permittee thereof. If the permittee or owner fails to set forth, in this Section 365, following receipt of said notice: (a) Such sign shall be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Suatutes, Chapter 429, and the cost of abatement, including adminis-tt, ation expenses, may be levied as a special assemaaent against the property upon which the sign is located; and/or k is unlawfai for any pemaittee or owner to violate' the provi.sions of this Section 36/i. No additional licenses shall be granted to anyone in violation of ..the terms of ~ Sec~on 3.6~ or to. anyone responsible for the contint~ance of the violation, until such violation is ei.thercorrected or satisfactory arrangements,' in the opinion of the gatldirig Iaspt~tor, have been made towards the corrections of said violation. The Inspector may also withhold building permits for any eons .t.a'uetion related to a sign maimainM in violation of this Section 365. Pursuant to Minnesota Statutes Ap. aoat~l 160,27, the Building. Insp~tor shall have the power to remove and decoy signs lflac~' on. s~eet right-of-way with no such notice of- violation (O.L~D,//20-1988 Sabd. 9~ Penalties, Any penon, firm, or corporation violating m~ oi~ pmv~ of ~,m $~ 36~ ~ ~ ~ilW of a ~em~or ~d u~n conviction ~e~f s~l ~ riced ia ~ ~ not ~,exc~ Seven H~dr~ Doll.s ($7~) or impfiso~ for a ~ ~ ~ ~ ~ (~) days, E~h day ~at a v~tat~n, is comi~ued sh~t eo~ a ~ offe~, 36!;.10' Rules. Sa----hd, 1. Rules,. The language set forth, in the text of this Sec.tion 365 shall be irlt~tgrea~. 'm au¢ordaaee, v,~ith, the followi, ng roles of construction: 191 -3914- Mound Ci~ Code 36,5; I0, S;ubd. 1, (a) (a). WheneVer a~w~ or ~tenn defined herei~:~pe~s ii~ ~ text Of ~g' Section 365, its mo~ng sh~l ~ cons~d ~m gt fo~ in tach definition. All m~r~ dishes e~ms~ in f~t sh~t b~ m ~e m~est mn~ of a foot. In, · e event of ~onfliofing pmvisiom, ~e mom ms~icfiv~ ~1 apply. S~d. 2~~ ~F~o~. The following Words md m~s, whenever ~ey ocCar in ~s S~fion 36~, ~ d~nM m fOllOWs: (a) Adge~g ~i~ - A sign selling or Promoting a busineSS, co.odin, or w~h is mt lo~ or p~ffo~ 0n ~e premiSS on w~eh ~e si~ is loc~. ~4dress', ,N.~ Ptag ~d/O'r IdeOtifieafi0~, Signs - A sign for p0s~" numbers, ' whe~er wfitmn, or in n~efic~ fo~ ~d may be~ ~e n~e of~e oecup~t of~e (c) Alteration - Any majOr structural ehage to a sign, n°t ih~luding routine maintenance or mpainfing in the same COlOr scheme as aPpeared in the original' permit~ (~ Ama I.den. tifi~afi6n ~,S. ign - A single free. standing sign located on identified pre~ses; said PremiSes ::~hailme~re ,no less ~ ~o (2) acres in ama, which identifii~S~ a:~side~:;~bdi~vision,~'eondominium, mtiltiple residential, complex, and,.iadu~i~ ~, ~ office Complexi two or more eommermalI b~smesses within one' s~cmre, or any Combination ot' the a~ve., B.anner and Penn.ts. Attention.getting devices which resertible flags, made of nOm. l~mmaent P~r, Cloth, or ptastie~like ma~fiai. ,'-::: (0 Building - Any ~-uctum having a roof Which may provide·shel~t or enclosure of - p~rsom, animals., chattel ._or property of any kind. : !'! ?:.: ! / ,., ~ . .uan. es.s ~ Any :oeeupation, em,ployment~ or'enterprise whereto me~hanflise is e~bi~ O~::~id.ior Where s~ices m 0tared for co~ensati0n. Bu~ine$~..$ign- A sign which identifies a business'; btofe~Sion, eO~Odity, or mr~,,iee told.or offered upon the premises where such a sign is ~l~aign Sign - A temporary sign p~sted by ~. bona fide eandidate~ for political o~'~." by'a'.~n or group pmmofiaga.~ohiieai isle for a ,. i : ·" · .,/ 4 -3915- Mound City. 365,10, Subd. 2(,]) Canopy o.r Maequ.~, Sign - Any sign which is affixed to a proj~fion or extension of a. buitding or stru. etu~ erected in such a manner as to provide a shelter or cover over the' approach to any entrance of a store, · building., or place of assembly. Changing .Sign - A sign whioh disPlays copy changes shown on the same lamp bank, suc-h as an electronically or electrically cOntrolled public service, time and tempe~ siga, message oenter, or teaderboard.. (1) District, A specific zoning distil'ct as defined in thezoning ordinance. (m) .... ~aeade: ~ The porlion of any.exterior elevation of a building ex~ending 'frOm grade m flae top of the P~..~et wall or eaves and the entire width, of the building elevation. (n) Free Standing Sign.- A sign which, isplaeed in the ground and not affixed to any pan Of any building, (o) Flashiag Si..~..- '.An ill'un~.'nated'sign on which such illumination is. riot kept constant in i~ty or :¢otor at: all: times when such sign is in use. Gove~e~ ,raj'' Unit Sign - A sign which is.erected by a governmental unit. G~v~mm .en!a! Unit - Ci~f Mound, HennCpin CoUnty and/or,state of Minnesota. Ilte!.a!.'. Si~., - Any sign. whie. h existed prior to the adoption of this Section 365 which, w~' instal:,~, withou¢ permit' approval:~as 'govem~ by. the ordinances in vl~t at the '~time'of installation, (0' Illu~..,~:.i;,Si~a ,. A sign which has"~n ~fieial light source directed Upon it or I~oaa!,:$~ - ~..~iga or bul. le~ii board which ider~tifies.~.~ name and other ~harta3teri~ies of a public or private institution on the site where, the siga is loealed. '3' i: ' ' ~. ' ~ ' ' "'~ ~ .~ Motioa..:......, :.Si..~.~, ~ Any sign which revolveS, rotates,, has any. moving parts~ or gives the 1 .~.R -3916- Mound City Code 365.10, Subd. 2, (v) (v) Non-conforming Sign - A sign which lawfully existed prior to the adoption of this Section 365, but doea not eonform to the newly enacted requirements of this Section 365. (x) (y) (z) (bb) Off-Stmot I.nfonnational.S!gn - A sign, not exceeding: four square feet per sign face, located on private property within or adjacent to off-street parking areas that 'reforms vehicular traffic, of parking and access restrictions within the off-street parking area. (ORD, 11-000, 1/21/01) A Portable Sign - A sign so designated as to be movable from one location to another and is not permanently attached to .the ground or any-structure. Projecting.Sign - A sign, any portion of which projects over:public property. Public,wa~y, Any street, alley, sidewalk which.is maintained or owned by the City of Mound, Hennepin County, or the State of Minnesota. Quasi~l~ublic - Any private'function which has the characteristics of a function performed by any unit of government, including but not limited to schools, churches, recreation areas and institutions. R..~ ~Estate Sign - A sign placed upon property advertising that particular property for sale, rent, or lease. Such signs must contain the phrase "for sale", "for rent" or "for lease". (cc) Roof Sign - Any sign erected upon or projecting above the roof of a structure to wlaich it is affixed. Mansard mol surfaces are considered as~ Walt area and are sub~t to walt: sig.nage restrictions, Roof Line, T-he'. uppermost line of the ro6f of a building oil, in the case of an exteacled facade, the uppermost height.,of said facade. Siam., ,.~-y le .t~.r, word.,, symbol device, poster[picture, ~,. reading matter or representation in the namm of an advertisement~ ~ouneement, message or v,i~al~ ~ommu,~ation whether painted, posted, printed, affixed or eonstmcted.~ which is- all, splayed outdoors, for informational or communicative purpo scs. $~ A~rea- The-area wi.thin, a single continuous perimeter eneto.sing the extreme limim of the. actual sign .surface bm exoluding any s .txu. cmral elements Outside the li~-s, of each ~ign and. not.f0aning an integral, pm of the sign,i The stipulated maximum sign ~a for a sign. mf~rs~ to a singla facing. Double faced signs shall ha,~ idg~. message components on each side; however, computation of ma~.~ .'~ all-o~able ~ea. shall only consider one sign face. -3917- Mo.und Ci~ Code 365.20, Snbd. 5., (h) W~l signs in a~cerdance with the requirements outlined in Subd. $(a) of th/s ?mbsmfion 365~20 are permit~l on a lal~' frontage, Such signs shall be'approved by conditional use permit. Subd. g. .C~e. ne.m~'!~.B~ess..(B~. 2). Same regulations as outlined in Subd. 5 of this Sabseo ion 365 20, Subd. 7. Neigbborhgo. d Busin ~ess..(B-3). (a) (b) Wail Signs -. Wall signs are permitted on each street frontage provided said sign(s) does not exee~i ton (10) percent of said wail up to forty-eight (45) square feet in am-a~ whichevor is smaller. A~,ea, I.d. ent!fica.0'on Sign.~ , One area identification sign is permitted per street frontage per comraer¢ial development provided,· however, said sign does. not · chined thirty.mo. (32:) square feet in area, and ten (t0) feet in height, and is not placed within ton (10) fe~t of any street right-of-way. In addition, one wail sign per building is Permitted not to exceed twen~-four (24) square feet in area. (c) Comprehensive Sign Plan requires as o/~tlined in Subd. 15 of Subsection 365.15. Subd, 8, Light Industrial .(I.D, Same regulations as outlined in Subd. 6 of this Subsection 365..20. Salad. 9., PLa..~n~.,,.~. ~,ve!opment A~,ea (PD,A). Same regulations as outlined in Subd. 4 of this S~b,mefion. ~fa~.,.20. 3/$.2S Cg~rucfi0.a..:.~r,~. and Ma~t,.enance. Excep~ as. o~herwise no,ed in this ~tion 365, pertinent sigm shall, b~ eonstmCWxi of durable, weather resi .stunt materials anchored in a ~re f~ and.d~ign~ to withstand a wind presmre of 40 pounds per square 'foot. The e,xpon~l, bax~.~t all: signs and si~n struam..re' shall be painted a neutrai color. Signs ~. b,y '.the C-i:~ B~i.l~g tnsp~emr m. be in a state of disrep~r sh~l ~ resmr~ m ~ r~r ~. ~,~ o~r.~-~~ ow~ on w~eh ~o sign is si.mated w.i~n ~ (30) ~s ~ ~ ~l~g.. of ~. ~e m r~ from ~ ~ild~g I.n~e~mr. In ~ event a ~~~ wi~ ~ ~a~, ~ C~ ~.t ~ ~ori.~ m remo~e ~d si~ ~ ~e e~n~ of 14 -3918- · Moxmd City Code 36,5. lo, Subd. 2 (gg) (gg) Sign - Maximum.Height. of- The vertical distance measured from the mean street grade to the top of meh sigh. (hh) Structure - Anything constructed, the use of which requires more or less penmnent location on the ground, or att~hed to something having a permanent location on the ground. '(iO Teml~,~r~ Si~ - Any sign erected for the duration of evem or for the time necessary to promote the sale of real estate, subject to all requirements and restrictions of this Section 36.5. O J) Wall Sign - A sign which is affixed to any wall of a building. Such signs shall not project ontward more than twelve (12) inches and shall not.wholly or partially obstruct any wall opening. 06) Window Sign - A sign painted on, placed in, or affixed to any window exclusive of merchandise on display.. Window signs shall also include all signs visible from the exterior of a building that are placed on the back of shelving units, walls, or similar structures located less than seven (7) feet from the window surface. 365.15 General Provisions Applicable to All Districts. Subd. 1. No sign other than governmental unit signs shall be erected or plaCed upon any public way or upon public easements. Subd. 2.. Free standing advertising signs are prohibited in all districts except as governed by SUM.. 9. of this Subsection 3.65.. 15. Subd, 3, Motion signs or similar devices shall be prohibited i.n all districts. Subd. 4, No itl.aminated sign which e-hanges in ei:ther eoior or intensity of light shall be pemaim~ except one gi,-viag time, date, temperature, weather or similar pubtie service ia~maat~n, The. O~ ia. granting permits-for illumi'.nated ~igns ~hall specify the hours dura'ag which same- ma7 be kept ligl~d when necessary to prevent the creation of a nui.~.. Ail illumiaat~ signs shall have a shielded light' soume and concealed wiring and ooadai~ a~ shall not iraerfere with traffic signalization. g~bd. ~. Signs in tahe Central Business District shall not project over public property than.. 18 iaehe~, ~bd, 6. Busim~ss signs ~al.l not be painted., attached, or in any manner affixed to tz~es~ ra~!ks, or si.miter natural surfaces, nor ~hall sigm of any type be painted directly on the m~t~ or wal~ of a buit~ng. 0-i/21/oi -3919- -. 36.5.15, SUbd. ? Subd. 7, Signs which interfere with tile abilitY of vehicle operators or p~3~sfrians 'to see trat~ signals or which imped~ the Vision of ~affiC byvehicle' operators" or pedestrians' ' ~ prohibit~l. Such signs shall also comply with Subsection 350.750 of the Mound Zoning o~inance. : .~ Subd. g. Signs shall not obstruct any window, door, fire escape, or ol~ning intended to provide ingress or egress to any structure or building or public way. SUbd,. 9. Tempo~ Signs Oae t~mporary real estate sign may be placed in an), district for the purpose of adverfising~the lease oi' sale Of property ' upon which it isPlaced: Only' one such sign shall be'pe~.~'r~cl' per street afitV6r lake frontage. SuCh signs shall be exempt from permits and fees providing they meet the following reqfiirements: O) (2) SUCh Sign shall be remOVed seven (7)days follOwirig :lease or sale. The ma~,'mum size of such signs for each district is as follows: (i) R-I., and R-2 District - five (5) square feet. (ii) R-3, R-4 and PDA Districts - eighteen. 08) square feet. (iii) B-l, B-2, B-3'., and I-1 DiStrictS - thirtY-two (32)" squar~ feet. Tompe~ real estat~ promotional signs may be erected for the purpoS~ Of selling or pmrr~ a residential pr. oj~.t of ten.. (10) or more dwelling unitS or any non-residential project. Such signs shall be exempt from, pen'nits and fees (I,) Su. ch ~gn shall not exeeed thirty4wo (32)'squ~e: feet in. ~ea. M~m. hoight of ten.(t~) feet. .... ':. ; · M~. ~r 0f"~aid t~mpo~ ~al' es~ adve~'~ing-sig~Shall not e~d. two. (2).in ~r; Minimm' diStance.:be~een said advertising signS' is five h~d~-~ (500) f~ot. $"%h;'~'," ~i. be v~imOVed Whence:the` prOj~,:is nine~ (~)::: percent -3920- Mound Ci~j Code 365.15, Subd. 9, (b), (6) (6) (7) Such signs shall be located no closer than one hundred (100) feet to a pre-existing residential dv~elling unit. Wfi.~n approval from the property owner Shall be submitted at the time of City Council review.. Temgora~ bmmers and pennants employed for grand openings or business emabli.~nts, ~eciai events and holidays shall be removed within thirty (30) days ager erection. (d) One temporary identification sign setting forth the name of the project, architect, engineers, contractors, planners and financing agencies may be installed at a construction site in any district..' The sign area of said ,onstruction sign shall not exceed thirty-two (32) square feet in area. Such signs shall be removed when the buildi.ng is 75 percent occupied and shall be exempt from all permits and fees. (~ Garage sale signs will be permitted in conjunction with the sale of household goods and materials from the private residences. Such signs shall be exempt from permits' and. fees but shall, be subject to the following: (2) Signs shall not exceed four (4) square feet in area. The name and telephone number of the party responsible for the sale shall be clearly marked on the sign. (3) No signs shall be placed within the public way nor shall they be attached to any telephone pales or light standards. (4) Directional off premise garage sale signs can be placed on. private property pro~iding that. the I~operty owners consent is obtained prior to the placement of...s~h, signs. use of garage sate- signs shall be limited to five (5) occasions per- calendar year per residence. Boutiques, eraf, t sales-~ and other sales events of hand-crafted rnor. chandise shall be subj~t to all garage sale signage provisions. (7) Garage sale, signs shall be limited to five (5) days per occurrence. -3921 - OI/21/O1 365.15, 5~ulXt~ 9, (f) Seasonal Si~ - Seam~ signs,of a t~mporary' or portable nature may be used in the non-residential dis~cts.to prom0te;0t advertise on,premise soasonal-serviCeS or merchandise. Suoh signs shall be limited to. a maximum of thirty-two (32) square feet and. shall, not be left i~place' for mom th~ a two (2) month period. Permits and fees shall be required for all seasonal signs; and" permits may be issued no more than two (2) times per calendar year per business. Subd, 1O, Excepta~ may besp~ifically authoriZed by this Srtbd. 10 and Subd. 9 (f) of this Submction 365.1.5, portable signs are prohibited. A portable sign used for the purpose of di~ '.ting the public may be permitted under the following conditions: (a) Said sign is coinC'ident~ to, or used in ConjunctiOn with, a governmental, unit or quasi-public function; and (b) The period of use of said sign shall not exceed ten (10) Consecutive days; and (c) Si~ shall, not be used mor~ than four (~¢) times during a calendar year; and (d) Prior approval: of a, majority of the City Council shall be required for the use of any such sign; and (e) Signs shall'be placed on the premises of the advertised event; and/or on such other premises as approved..by the CiW Council When granting the permi:t. (ORD 74-1995 - 6-2%95) : ':'" (0 Suoh signs shall require the ismance of a permit but. will be exempt from all fees; ~'the imtanee of a m,ulti~U~' faoiti~y, only One se~onal.:.sign may p~ ~ my. ~ time,· . $~& ~. Pmj~ w~l s~ns sh~t ~ pe~tmd only in ~erc. i& Di~c~ 9mvi~ ~ m~ ~gn ~a flzes:,no~ e~eed ten (~0~ ~qu~e.f~t per ~Bfllng f~e. Such ~ ~'. not. p~oj~ o~er publ~c prope~' more ~..~18.. Sub& ~ One afl~.~s~n~me pt~ .and/or,iden6fication s.iga~ Visible' from. the public ~0 -3922-' Mound C~ Cod~ 365.1:5, Subd. 14 Subd. 14. Signs located on .the interior of a building are exempt from the provisions of this Section 365. However, such signs, not including changeable signs, shall not contain flashing lights that are visible from the exterior of. the building. Sabd. 15. A Comprehensive Sign Plan is required at the time of Ptanning Commission review of any proposed commercial or industrial development. Said plan shall 'indicate the location,, size, height, color, lighting and orientation of all proposed signs and shall be submitted for approval pursuant t~ the regulations of the City of.Mound. Subd~ 16. Signs shall not' exceed two faces. Subd. 17. Roof Signs shall be prolu'.'bited in all districts except as noted in SuMs. 5 and 6 of Subsection 305:.20. Subd. 18. Campaign signs may be placed in any district, subject to the following restriction: Pursuant to Minnesota Statutes, Section 211B,045, campaign signs may be posted from August 1 in a state general election year until ten days following the state general election. b. Campaign signs shall be exempt from fees.' e. Subsection c. of Subsection 354.15, Subd. 18 is hereby repealed. .. All campaign signs shall have the name and telephone number of the person responsible for posting the sign clearly marked either on the face or reverse side. Campaign signs shall be removed and/or rep}aced is they beeome tom, faded, or o. 'ahem, i~e damaged. ORD./~43-19¢9~ 7/20/9{3 _ 365.2,0 D'..mtrlet Reg~tions. In addMon to those signs penui.tted in all districts, signs as he, ei, n desigaa~ ~hall: ~ pemfl~tted i-n each. specified district and shall confo.rm.as to size, location and character ae~ordiag t~ the following requirements: Subd. Z. Single. Family Residential (R,1). Addres~ N~ Place, and/or Identification Sign.q - One sign not to exceed two (2) square foel ia area, ~r. e~h d~elling u~t, indicating only n~ ~ ~dmss. -3923- o :t/a 1/.0 a. ~.tu'tio~-:R~r~0n.. or ~i~publi¢' Signs ;' On~. ~ign or httlle~.:~ard per stnmt france fg'~h P~tt~l or. ¢Onditio~ u~'inSaid R-I :~i~t..::',"Such sign shall not e~~¢nty-four' (.24)~ square f~et in area?and ~ign. ~l~not.~ placed e~omr than ten. (10)feet to any street fight-of-way line, and shall not exceed ten A~ td~.'flfio.~0n. Si. in:-'' One sigti' not': to exceed, twef~ty~four~(; ,24)' ~m feet in area for ~h..~e~mentdistrict entran~epwvided,~ however, ~ said sign does rmt exceed six (§) feet in height and be placed within ten (10) feet of any right-of-way. Subd, 2, Single-F~!!Y..Residem.'m!..tR-2), Same regulations as outlined in' Subd. 1 of this Subsection 365.20. 8u. bd. 3. Tw~lqT.~m!.l,y. Resldent, ial.'{R~3).. Same regulation~ as outlined ~ Sribd. 1 of ,this Subsection. 3~5.20. Subd.: 4. Multi, lrami!y Residential (R.4);~ .. (a) N.ame. ~. Plaae. Signs - One sign not to exceed two (2) sqU~e ~'feet in area for each single family detached dwel.ling or six (6) square feet in area for each multiple family building. Same nan~e'pla~e ~ign shall indicate~ 0nty n~e and address. Insfim.tional~ ~matirOn ~d '~asi-~.blic Si~, One sign or bulletin board per meet f~,ontage fo~ each pemfitted or conditional use in said district, provided said si~.-shall'nOf e~,'twenty~four(24), square f~:t in area, a~q.s~l not be placed ¢losor ~.an :t~n:(lO) fo~t to,'any': street, right,Of, waY and .~ali ,not e~ ten (10) feet in height. Are. a. !d~!!~f~a..:t!on,,,.$[gg... - One sign not to exceed ~t~entyafour.(.,.24) square feet in arsa, t~ oae;ade.v.e!opment district entrance,, provided said sign is not plae.~ within ten. (!-B)feet. of. any m'~ot rlght, oPway and not in excessOf W, all .Signs- Walt signs are ~~,,on ~h. ~t frontage' .promded ~. ~m exo~ fi.fte~-(1~), pement of said. wall up ta th~ maximum or one liundrid..', sevmttrj-fi~te (l?5,.,}.~e'i'f~i?.~:~a,! ,~I d}v.~dual::s~gns shall riot exceed one hundred (t.00) squai, e fffi. t, AdditiOnally, wall signs not. exceeding .ten (10) 12 ¢;-3924- oi/ .i/oi Mound City Code 365.20, gubd. 5, (b). surface parking lot accommodating 2.5 or more cars providing that all land abutting all sides of the parking lot is either public right-of-way or commercially zoned property. (b) Free-Sta!!ding.Si&m - One See standing sign per street frontage providexl~ however, said sign does not exceed, fo?fy-eight (48) square feet in area and twenty-five (25) f~t in height and is not placed closer than ten (10) feet from any street right-of-way. The ten (10) foot s~tba~k may be increased at i.ntersectiom or other a~-eas where free standing signs may obstruct vehicular site distances, (c) Area. Idenfifi¢~0n Signs.- One area identification sign is permimd per street frontage per eommen~ial development provided, however, said sign does not exceed forty-eight (48) square feet except as provided herein, and fifteen (15) feet in height, and is not placed within ten (10) feet of any street right-of-way. Area identification signs for retail shopping centers containing at least 20,000 square feet o~ attached gross, floo~ area shall' be permitted to have one area identification sign l~r street frontage provided said sign does not exceed 120 .square feet in area. Shopping center signs shall be subject to the same height and setback limitations of other B,1 area identification signs. Where area identification signs are used, no fn~e-standing signs shall M permitted. In addition'to area identification Signs, one wall sign is pen'aitted for each business use with at least 2,000 square feet of gross floor area. Such signs shall, rot exceed lo.try-eight (48) square feet. (Ord.//5 - ~of Si, gus - Roof Sign~ shall be peemitted if they are ,an: integral, part of the. arohi~tu, re of a building. Such signs shall not extend more than five (5) feet above due roo. f linc'of the building or exceed seventy.five (75). square feet in area. Ro~ sigm. shall, be limi~d to one face, parallel to the front of the building. (e) ~i..~..g: Sign~.: - Changing signs are permitte, d providing, that they do not exceed ~htooa(l:8). square feet ia to ,tat.~, area, If placed in. awi, ndow, such signs shall not ordeal ~enty-flve (25)pement of the total, wall window area. (O ~r~hensiv, e $~g:n Ptan reqaked as outlined in SUM.. 15 of Sab~ectioa 365.15. Fuel: .S..: -.~.'on ~- Mo. mr Fue! .Station, Co. ~ nvenienee Store., Lettering of or sign which ~e an integral pm of the design cfa gaso[ine pump shall be l~im~l. A~onalty, wall. si:gra and ~ree-stand.ing si§.ns are pennitted subject to $~a) and .5. t~b), respectively, of this Subsection 365..20. 13 ,. -3925- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEM ORA N D U M To: From: Date: Re: Honorable Mayor and City Council Sarah Smith 8/7/2002 Our Lad), of the Lake Catholic Church Incredible Festival Signage Request SUMMARY Our Lad5' of the Lake Catholic Church has submittcd a written request and tcmporat'>.' sign application to allow placement of a five (5) portable signs / sandwich boards at various locations in the City. According to thc Ci~' Codc. thc placcmcnt of thc portable signs is allowcd upon approval of the City Cotmcil. Additionally. they arc rc¢lucsting placcmcnt of"spccial cvcnt" signagc on privatc property as well ~ placement of a banner on CSAI-I 110 and use of a cranc/boom truck with a tempora~.x,' sign which cml be raised and lowered anYxxhcrc fi'om 30 to I l0 feet to bc located on thc church property'. It is City staffs understanding that thc proposed promotion campaign has been in place for several years including the use of' the cr,'n~c/boom truck.. With rega,'d to thc request ~-'1'o111 O1.1i' Lady of thc Lake Catholic Church. City staff offers the following comments: Pennant / Ban,le,' o~l CSAH 110 . City Codc Section 365:15 Subd. 9 (C) allows tempora~3: banners and pennants Cml>loyed for special cx, ents ,'ks long ,ns thcv arc removed within (30) days. Be advised that it is lik¢lx' that l>¢rmission fi'om Henncpin County may also be required. Special Event Yard Signs. City Code 365 is currently silent rcgarding thc usc ol'"spccial event" signs )laced on private property, klox¥cvcr, at its August 5. 2002 meeting, thc Planning Commission recommended that "special c¥cnt signs" bc added to thc list of' permitted temporary signs. Crane Boom with Attached Silln. City Code Section 365 docs not specifically address this tyl>e of signage however it could be classified as a "portable" sign and thcrefbrc allowed by approval of' the Cit)...' Council. RECOMMENDATION City staff recommends that thc Git>.: Council approve thc sign request(s) fi'om Our Lad), of the Lake Catholic Church for thc 2002 Incredible Festival sub. icct to the f'ollowing conditions: 1. Thc tcmporal.~' sign l)crmit application fcc is paid. -3926- 2. The crane/boom truck is properly stored and secured when not m usc and lowered m the cvm~t of inclement weather. All signage is removed immcdiatel.v fbllowing the event. · Page 2 -3927- eelepborze 479-].~g4 ehe cbrdecl~ o~c oar lab o-F:: Cl e lake 93g~' commeece boul. euaeO moarzb, rrzinrzeaoea July 3 i, 2002 To: The City of Mound 5341 Maywood Rd. Mound, MN 55364 We are in the process of planning for our upcoming Incredible Festival, held Saturday and Sunday, September 14th & 15th. The Committee would like to have a sign held up by a crane, as we have in the past years. This crane is owned and operated by Mr. Bernie Hanson of Rocket Crane Service. The crane is mounted on a track, and the boom can be raised anywhere from 30 to 110 feet. The truck will be positioned in an enclosed area, by our pastor's garage, with the only access being from Commerce Blvd. The truck will be locked and secured. If inclement weather, such as high winds or storms appear, the boom will be lowered. It will be put up on Friday September 13% and then taken down on Sunday, September 15th. If there are any questions about the crane, Mr. Bernie Hanson of 3555 Tuxedo Rd. in Mound would be glad to answer them. We also have five A-frame signboards that are four feet high and four feet wide. These freestanding signs will be positioned: -by the depot -by Super America -by Crow River Bank -by the vacant lot across from PDQ -by Our Lady of the Lake Church We also have an over-the-street banner across Hwy. #110 and Highland Blvd. We also ask parishioners to display 'yard signs' on their property for several weeks before the event, and they are promptly removed after the festival is over. I have attached the sign permit that Sarah Smith faxed to me. I appreciate your help. If there are any questions, please feel free to contact. Sincerely, Administrator at Our Lady of the Lake Church -3928- 07/29/02 10:27 FAX 9524720679 CITY OF ~OUND ~1002 SIGN PERMIT APPLICATION ~UAgl PUI~LIC FUNCTION - PORTABLE SIGN City of Mound, 5341 Maywood Road, Mound, MN Phor~e: 472-0600 FAX: 472-0620 55364 Portable signs used for the purpose of directing the public used in conjunctio~3 wkh a governmental unt~ or quasi-public functions, The period of use shall not exceed ten (10) consecutive days and requires approval of the City Council. Signs shall be placed on the premises of the advertised event, and/or on such other premises as ap~3roved by the City Council when granting the permit. A permit is required, however is exemp~ from all fees. NUMBER OF SIGNSt TYP~ OF SIGN; SIZE OF SIGN: DATES OF USE: DESCRIBEREA$ON/PURPOS~FORP~EQU~ST:. _/free s~and£ng square feeC D~SCRIB.~ SIGN (message, materials, is it i!lumina%ed, lllltll/llltl/llltllltftltllltf/ll/l~],/l/j///ll/f//tl~lllllllltl/f II/f111t111/ APPROVED BY CITY COUNCIL ON~ -3929- OUR LADY OF THE LAKE CHURCH 2385 COMMERCE BLVD. MOUND,' MN 55364 June25,2002 City Council Mound, Minnesota 55364 Dear City Council Members, I am writing on behalf of our Incredible Festival Committee here at Our Lady of the Lake Church. Each year we print up and distribute 400 'yard signs' for our parishioners to put on their property. W.e put them up two weeks befgre the eve. hr and remove them immediately after. According to a recent article in the Laker, we may now have a problem doing this? How would we, and other organizations in town, be affected by enforcement of these rules? I encourage you to take a look at the impact that the 'policing' of yard signs may have on charitable organizations here in the community. Thank you for your consideration. Sincerely, Rhonda M. Eurich Administrator Our Lady of the Lake Church -3930- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM From: Date: Re: Rhonda Eurich Sarah Smith July 22, 2002 Our Lady of the Lake Church Incredible Festival Signage Thank you fbr thc Opl>Ortunity to visit xxith you last wcck regarding thc p,'oposod signagc fei' thc Incredible Festival to bc held at Our Lady of thc Lake Catholic Church m September. As wc discussed. 1 have reviewed thc City's sign regulations in response to x'ottl' proposed signagc program fei' 2002. For 5,our review and intbrmation 1 offcr thc fbllowing COllllllelltS: Pennant / Banne,' on CSAH 110 City Code Section .,6. :15 Subd. 9 (C) allows temporaLx' banners and pennants employed for special events as long ,ns thcv arc rcmoved within (3(t) days. Bc advised that it is likely that permission from Hennepin County may also be required Po,'table Sio, n (Sandwich Boards) City Code Section 365 Subd. 10 alloxvs the usc on portable signs upon approval of' tiao City Council subject to conditions. For your rcvicxv and infbrmation, tiao llCXt City Council nlceting will be held on August 13. ~ercfbrc, please be advised that x¥c would need your written request no later than August 2 for inclusion in the City Council packet. Yard Signs "5 City Code _~6.. is silent regarding the use of"spccial event" signs placed on private property. However. it seems rcasonablc that City staff could classify this type of' sign as a "garage sale" sign. Therefore. the regulations xxhich govern the use and placement of' garage sale signs could be used and the request may be able to bc administrativ¢lx approved. 13o adx'iscd that I will be reviewing this item with CiD; Manager Kandis Hanson and will report back immediately f'ollowing our discussion. Planning Commission Review of Sign Ordinance. Be advised that tiao sign ordinance will bc reviewed by thc Planning Commission at its August 5 meeting as directed by the City Council on June 25. -3931 - CHAMBERLAIN-GOUDY VFW #5113 POST AND AUXILIARY 2544 COMMERCE BOULEVARD MOUND, MN 55364 August 8, 2002 Ms. Kandis M. Hanson Mound City Manager 5341 May-wood Road Mound, MN 55364 Dear Ms. Hanson: The Mound VFW Post and Auxiliary would like to commemorate the attacks of September 11, 2001, by placing a blaek granite monument and flag pole in Veterans' Park, dedicated to the victims of 9-11. Inscribed on this monument is a dedication to these victims, plus a quote from President George W. Bush "Terrorists can shake the foundations of our biggest buildings, but they cannot touch the foundation of America". The placement of this monument is shown on the blueprints. We feel that it is important to remember what happened on that horritic day, and this monument will serve as a constant reminder to the entire community. We plan to have a dedication of this monument at 4:00 p.m. on Wednesday, September 11th, and would feel honored to have the members of the City Counc'd attend this cercmony. There will be an Open House at the VFW immediately following the program. Yours truly, President 2670 Commerce Boulevard Mound, MN 55364 Ph. 952-472-7475 -3932- RUG 05 ~00~' 14:58 MURPHY~GRRMITEO0 13~05873080 -3933- -3934- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, July 24, 2002 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Foster READING OF MINUTES- 6/26/02 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. PUBLIC HEARING · Terry Nagel, Variance application from LMCD Code for side setback requirements plus an adjusted dock use area. 1. Public Hearing 2. Discussion and/or Consideration WATER STRUCTURES A) John and Kathy Aqulina, consideration of Findings of Fact and Order for.approval of a dock length variance application; B) (*) Foxhill Association, staff recommends approval of $113.60 of $250 application deposit for approved dock length and side setback variance; c) City of Deephaven, staff review of expenses incurred by the District in the processing and administration of approved special density license and temporary variance applications; D) Additional Business; FINANCIAL A) Audit of vouchers (7/1/02 - 7/15/02) and (7/16/02 - 7/31/02); B) (*) June financial summary and balance sheet; C) Additional Business; -3937- 3. LAKE USE & RECREATION. A. Discussion bf Tom Casey letter, dated 7/1,5/02; B. Review and discussion of re(~e~i"iL~'k~ Minnetonka lake level readings; B. Additional Business; ADMINISTRATION A) Discussion on status of Administrative Secretary position; B) Additional Business, EWMIEXOTICS TASK .FORCE A) Update of "Let's Keep Zebra Mussels Out of Lake Minnetonka" project; B) Staff update on 2002 EWM Harvesting Program (handout); C) Additional Business; 6. SAVE THE LA.KE 7. EXECUTIVE DIRECTOR REPORT 8. OLD' BUSINESS 9. NEW BUSINESS 10.ADJOURNMENT -3938- LAKE MINNETONKA CONSERVATION DISTRICT 18338 Minnetonka Blvd. Deeph~ve, ~,;;M ,N EXECUTIVE DIRECT,OR'NEWSLETTER Gregory S..NYbeck JUly 17~ 2002 LMCD Ordinance Number )i78: For a number, 0f months;/ttae LMCD-Board considered a number of Pdter~tial ordinance amendments to protect.~wetlar~d, areas or~ certain parts of Lake Minnetonka. Thre~' areas, wei'eiiiclUded in the Board discussion on wetland pro!ection. They include 1) Six Mile Creek from the mouth Of the creek UPstream to the contour ine .at ~leyati°.n 929,41NGVD :,-~2) tSainte('s Creek :WeSi'0f, C:oUn~R0ad,: 'l~10,:ij~S'tr~am tS'tl~'iC°nt°Ur ,line themouth Of the' (i¢e~ki::lOcated at ~he'~aiiioad trestle, upstream tothe Cont°Ui;~iineat.:the e!evat On :929:4~ NGVD; At.:itS 6!26102 Regular:MOo'ting; the LMCD Board' adopted, an 0rdin,~nce,.t,hat p~oh!bits: aperson :from using a: motor :boat,in {hoSe three' areas of Lake 'M h0,wever, .. ele~;tdc motor t~at.:has a ~ing!e p. roPbllbr: andis,not;~aPaSle of generating rr ~mum operating voltage'. Buoys and/or signage Will be installed in these three areas in the near future to inform 'the public of this ordinance~ with an educational effort planned in the near future. , increased. Wate¢~'Patrb presence'dt~ Lake Minnetonk~'wa~ COOl in 2~0,!.:wa.s~ Lake'! Fund. for!.gen eral!ylthesa~e ~ti~e pedods with~a long-term 'funding ;commitment fromHenn~epin G0unty~[or2003 andbeyond. ram '!Save the was that,.it~was a bigs tina[~d .in 2002 merely the Same funding ~formuta,..~he LMCD is currently'Seeking a SOla[:L,iRht Buoy Project: In March, the !~M,CD Board authorized the purchase,of:~01a~ lightS tO be'idStalled:,~n top of existing red and green navigational channel buoYs'for the 2002 season as a pi ct, project. Three areas of Lake Minnetonka Were Chosen to participate in this 2002 pilot project. They include: 1) both ends of the Arcola Bddge and the immediate area of the western pad of smiths Bay-eading.'.f,rom the ArCola Bridge, 2)both ends'of the Narrows channel and 3) the southeast s de of Sp,tay i:s and On the'WeStern Sect on of E Upper: Lake. The so ar .ghts Were installed on the red and green navigational Chahnel buoys 'in theSe areas ih May;'with a press release coordinated with the Hennepin .County Shedffs Office Water Patrol_for.educational purposes. Preliminary'feedback on this pilot project has been encouraging. Lake Mmnetonka -H~gh Water Declarabon: A H~gh-Water Declaration .on Lake Mlnnetonka was .made on mUesdayl ~/i610:2; LMCD COde .S~tibn 3'021 requires the ExeCutiVeDirect0r t° make th s dec aration When the Lake:eleVation is at or above 930.0' NGVD for a period of eight cOnsecUtive days, or h'as roached a levelof 930.25' NG~. Lake levels on Lake MinnetOn'ka 'were at or above 930 0' NGVD s bce SUnday, 716102. In order to terminate the .,High:Water Deciaration,, eke ieveis need to fa i be'ow the 9~ 0, NGvD and reman bei6wfOr three con'sbbutiv'e daYs. Dudng a"High Water Declaration", it is unlawful for a watercraft to operate at more than a Minimum Wake on RegUlated areas and the remainder of Lake Minnetonka..A Minimum Wake is required for the entire bay or area in Regulated Areas on Lake Minnetonka. :Regulated Areas inClude: Emerald Lake, LibbS Lake, Seton Lake, St. Louis Bay, BlaCk Lake, Coffee Cove, Big Island Passage, .R01~inSons Bay, Tanager Lake, FOrest Lake, Cars0ns Bay, -3939- EXECUTIVE DIRECTOR NEWSLETTER, 7/17i02~ PAGE 2 required for'ti~ i~e~ai~eJ~"bf' Lake' M'inr~eib~ga :~Jthin'::,~-~i~i~' ~'600'.'~'m th~ 'shoreline. A 'Minimum Wake means ~e.wak~'.~Ovi. ng,out~.fr~m a wate~a~/.an.~ t;tajliB, g ~h]hd in a widening '¥' is of insu~cient size to affect ether wate~btafl or:to b~' detfime~tai..., tO' ~-~:'s~jjn~-. ..... ,(~:~.~. ..... {fian 5 M.P,H,). ' .... LaKe Mlhneto~ka AS~O~'iatj~n :(LMA) ~i'~;?¥1~t'~fl~ to~ ~liSh~::~m~ ~:: keep-~e~ ~m' ~;Is%' ~t"o~f~ '[;~; Minnet°nka' Atits 5/8/02Reg'~lar ~ee?ng, ;~,~;a~d~'~{~°dz~ thb. aii:°~tion ~f$8;000~ with a minimUm match of $8;.000.~.th,e LMA.,: t°'i~Pjbme~t a' Pii.Of;~h~pe~{i~b~'~ram ih'2002, Thi~' Prog~a~ carls fOr One or m°re ~Ublic 6~ ",' .... .... , .............................. m ~u ~a~in P~ ram ~o~ e 20O3CMCDBi ~et:' in May~ staff prepamd;:th ~,em~:2003.'g~CDBudge~;~r review ~y the :B0a~ a~d ~ i4 -3940- LEN HARRELL Chief of Police TO: FROM: SUBJECT: Kandis Hanson Acting Chief John McKinley Monthly Report for July, 2002 MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 STATISTICS The police of July. There abuse, 1~.~t liquor law violations, 1 DUI;< assaults), and 14 other during the month offenses include 4 include 1 child I narcotics, 4 assaults, 8 domestics (7 with The juvenile citations. Parking ~la~:i'a~~.for ~.~,addifi6nai:l! fi~kets Warnings were adult warrant arrests. ~ ~ ~" The were 38 other reported. There Mound assisted assistance on 7 -3941 - MOUND POLICE DEPARTMENT MONTHLY REPORT - July, 2002 II. INVESTIGATIONS Investigator Swanson Forked on 2 fleeing the police in a motor vehicle cases, 1 robbery, 2 criminal sexual conducts, 5 burglary cases and 3 stolen vehicle cases accounting for over 54.75 hours of investigative time. Other eases included child protection investigations, assaults, thefts, tampering with a witness, interfering with a 911 call, domestic assaults, tampering with a motor vehicle, receiving stolen property and absenting. Formal complaints were issued for receiving stolen property, violation of a domestic abuse order, maintain liquor public nuisance, disorderly conduct, barking dog, 1~t degreo DUI, ovor .10 bac, driving at,er cancellation and domestic assault IlL PERSONNEL/STAFFING Several changes in the ~depertrnent took place during the month of July. Sgt Todd Truax was named as temporary Staff Sergeant and Officer Jason Swensen was appointed as temporary Patrol Sergeant. We should have at least one officer hired by the end of August to fill one of the vacancies in the department. Officers used approximately 95.75 hours of overtime during the month of July. Officers used nearly 21 hours of comp-time, 38.75 hours of sick time, and 114.5 hours of vacation. Officers earned 40 hours of comp time. T1LMNING Officers attended a department shoot in July. This is usually a slower month for training. Officers did not attend any other training in July. COMMUNITY SERVICE OFFICER Jen Williams continues to work hard filling in as our Community Service Officer for the summer. Jen responded to 11 animal complaints, 24 ordinance violations and responded to 282 miscellaneous contacts in July. RESERVES The reserves donated 120.25 hours to the community in July. The unit currently has eight active who contribute on a regular basis. -3942- MOUND POLICE DEPARTMENT JULY 2002 O~TENSES CLEARED EXCEPT- CLEARED BY ARP~S ~ED REPORTED UNFOUNDED CLEARED A~i~ES T ADULT JUV Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 2 0 0 i 1 0 0 0 0 0 0 0 0 0 0 0 0 0 4 1 0 0 0 0 18 i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple A~sault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 24 2 0 I I 0 1 0 0 1 0 1 1 0 0 0 0 0 12 0 0 1 3 0 0 0 0 0 0 0 1 0 0 1 1 0 4 0 0 4 3 1 1 0 0 1 i 0 3 0 0 1 0 1 7 0 1 5 5 0 1 0 0 0 0 0 4 0 2 1 1 0 2 0 0 2 0 5 4 0 0 4 4 0 0 0 0 0 0 0 4 t 1 0 0 0 TOTAL 45 I 4 21 18 8 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 12 0 0 38 19 16 531 616 HCCP Inspections 3 21 TOTAL 709 4 22 19 8 -3943- MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT JULY 2002 GENERAL ACTIVITY SU~4ARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS YEAR TO LAST MONTH DATE TO DATE 47 395 368 31 210 279 0 16 97 14 124 326 48 529 492 11 164 357 1 31 44 0 23 42 12 81 65 0 26 10 0 0 0 2 21 16 20 172 218 0 9 16 8 79 128 25 174 254 44 410 493 38 184 199 19 217 372 21 139 215 531 2,867 4,005 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 872 5,871 7,996 35 262 292 10 96 404 3 18 235 16 95 88 7 34 44 -3944- MOUND POLICE DEPARTMENT ~LY 2002 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt Overweight Vehicles Miscellaneous Tags TOTAL 1 0 0 4 0 43 2 0 11 0 0 0 0 1 3 0 0 11 1 1 2 2 0 3 85 0 0 0 0 0 4 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 -3945- MOUND POLICE DEPARTMENT J-IJLY 2002 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor 7 0 2 0 0 13 0 0 0 6 28 0 0 0 0 0 0 0 0 0 0 0 -3946- Property Value Report ' Class Class Extension Mound Police Iacident. DateReported Between 06/26/02 07/25/02 CnseProperty.RecordType Equal STOLEN A - Motor Vehicles Unknown TOTAL: A - Motor Vehicles Wednesday, July 31, 2002 Record_~ Items Dollar Value Stolen 1 I0,000.00 1 10,000.00 B - Bicycles Unknown TOTAL: B - Bicycles Stolen 3 1,056.00 3 1,056.00 C - Camera Equip JACKET TOTAL: C - Camera Equip Stolen 1 80.00 1 80.00 Clothing and Furs ShoES TOTAL: Clothing and Furs Stolen 1 50.00 1 50.00 Consumable Goods Beer TOTAL: Consumable Goods Stolen 1 10.00 1 10.00 E - Consumer Items Liquor TOTAL: E - Consumer Items Stolen 1 50.00 1 50.00 H - Appliances Air Conditioner TOTAL: H - Appliances Stolen 1 300.00 1 300.00 P - Personal Accessories KEYS SUNGLASSES SUNGLASSES, CHECKBOOK TOTAL: P - Personal Accessories Stolen 1 14.00 Stolen 2 300.00 Stolen 1 50.00 4 364.00 R - RadiofrWSound Emertainment CD Player Stolen 1 120.00 Licensed to Mound Police Department Page: 1 -3947- Property Value Report Property Class Class Extension Mound Police ~ncidenLDateReported Between 06/26/02 07/25/02 CaseProperty. ReeordType Equal STOLEN CD STEREO CD'S Rn_dio Stereo Equipment TOTAL: R- RadiofrV/Sound Entertainment Wednesday, July 31, 2002 Record Type Items Dollar Value Stolen 1 250.00 Stolen 1 150.00 Stolen 1 89.00 Stolen 1 2,900.00 5 3,509.00 S - Sports Equipment BiKE GEAR Golf Clubs TOTAL: S - Sports Equipment T - Currency, Negotiable bonds Unknown TOTAL: T - Currency, Negotiable bonds Stolen 1 350.00 Stolen 1 1,300.00 Stolen 2 1,650.00 2 255.00 2 255.00 Y - All Other Unknown CaSH REGISTER PresCRIPTION DRUGS YARD ORNAMENT TOTAL: Y - All Other Stolen 1 579.00 Stolen 1 300.00 Stolen 1 250.00 Stolen 1 85.00 4 1,214.00 TOTAL... 26 18,538.00 Licensed to Mound Police Department Page: 2 -3948- Property Value Report Class Class Extension Mound Police lncident. DateReported Between 06/26/02 07/25/02 CaseProperty. RecordType Equal RECOVERED A - Motor Vehicles Unknown TOTAL: A - Motor Vehicles Wednesday, July 31, 2002 Record~s Dollar Va~e Recovered 1 10,000.00 1 10,000.00 Y - AH Other Unknown TOTAL: Y - AH Other Recovered I 85.00 1 85.00 OVERALL TOTAL... 2 10,085.00 Licensed to Mound Police Department Page: 1 -3949- Crime Summary Report MOC Mound Police Incident. DateReported Between 06/26/02 07/25/02 Total Thursday, August 01, 2002 MOC Literal Tran.qlation 9000 9002 9003 9030 9038 92O0 9210 9220 9312 9313 9314 9420 9450 9451 9452 9566 9568 9710 9730 9732 9741 9750 9800 9801 9802 9803 2 2 1 1 2 4 1 3 2 10 2 1 7 5 1 1 1 4 32 2 7 1 11 1 5 1 SPEEDING NO D/L, EXPIRED D/L J-NO D/L, EXPIRED D/L CROSSWALK VIOLATION MISC CITATIONS/TRAFFIC DAS/DAR/DAC PLATES/NO-IMPROPER-EXPIRED NO INSURANCE/PROOF OF FOUND ANIMALS/IMPOUNDS FOUND PROPERTY FOUND VEHICLES/IMPOUNDED DERF.[.ICT AUTO PROPEKTY DAMAGE ACCIDENTS H/R PROPERTY DAMAGE ACC. H & R ACCIDENTS W/TICKET ANIMAL ENFORCEMENT TICKETS ANIMAL COMPLAINTS MEDICAL/ASU MEDICALS MEDICALS/CI 911 HANG UPS FIKES ALL OTHER/UNCLASSIFIED DOMESTIC/NO ASSAULT PUBLIC ASSIST WATER/SEWER Licensed to Mound Police Department Page: 1 -3950- Crime Summary Report MOC Mound Police lncident. DateReported Between 06/26/02 07/25/02 Total Thursday, Aullust 01, 2002 MOC Literal Translation 9804 9900 9904 9910 9912 9920 9921 9930 9931 9944 9945 9951 9980 9992 9993 9994 A5352 A5355 AK351 AL351 AL352 AL354 B1234 B1490 B3564 B3794 DA540 3 3 14 2 5 1 2 1 1 3 1 1 3 6 5 5 2 1 1 5 1 1 1 1 1 1 1 NOISE COMPLAINT ALL HCCP CASES OPEN DOOR/ALARMS MISC. SERVICES BY OFFICERS K-9 USED/REQUESTED INSPECTIONS DEPARTMENT INSPECTIONS CITATION HANDGUN PURCHASE GRANTED HANDGUN PURCHASE DENIED UNWANTED GUEST SUSPICIOUS PERSON SEX OFFENDERS WARRANTS MUTUAL AID/8100 MUTUAL AID/6500 MUTUAL AID/ALL OTHER ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-ACQ DOM ASLT-GM-HANDS FIST FEET-AD-FAM DOM ASLT-MS-INFLT BODILY HARM-HANDS-AD-FAM ASLT-DOMESTIC-MS-INFLT BODLY HRM-HNDS-ADLT-AC DOM ASLT-MS-INFLT BODILY HARM-HANDS-CH-FAM BURG 1-OCC RES NO FRC-D-UN WEAP-COM THEFT BURG 1-UNOCC RES NO FRC-U-UNK WEAP-UNK ACT BURG 3-OCC NRES FRC-N-UNK WEAP-COM THEFT BURG 3-UNOCC NRES FRC-U-UNK WEAP-COM THEFT DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK Licensed to Mound Police Department Page: 2 -3951 - Crime Summary Report MOC Mound Police Incident. DateReported Between 06/26/02 07/25/02 Total Thursday, August 01, 2002 MOC Liternl Trnn.dn_tion JC501 JCR01 L1417 L7041 M3001 M4140 M5313 M5350 N3030 N3070 N3130 N3190 N3370 P2110 P31 I0 P3130 P3630 TB169 TC159 TQ029 TQ159 TQ169 TR059 TR099 TR159 TR169 U202D 1 1 1 1 1 2 1 1 1 1 2 4 3 1 10 1 1 1 1 1 2 1 1 1 3 3 1 TRAF-ACC-M-3RD DEG DWI-UI ALCOHOL-MV TRAF-ACC-M-3RD DEG DWI-REFUSAL TO TEST-MV CSC 1-PER INJURY-SPOUSE-18 OLDER-F CSC 4-UNK ACT-OTH FA.M-UNDER 13-F JUVENILE-ALCOHOL OFFENDER-UNDER 18 YRS LIQUOR-IYNDERAGE CONSUMPTION 18-21 JUVENILE-CURFEW JUVENILE-RUNAWAY DISTURB PEACE-MS-DISORDERLY CONDUCT DISTURB PEACE-MS-PUBLIC NUISANCE DISTURB PEACE-MS-EMERGENCY TELEPHONE CALLS DISTURB PEACE-MS-HARRASSING COMMUNICATIONS MS-VIOL ORDER FOR PROTECTION PROP DAMAGE-GM-PRIVATE-UNK INTENT PROP DAMAGE-MS-PRIVATE-UNK INTENT PROP DAMAGE-MS-BUSINESS-UNK INTENT LITTER-UNLAWFUL DEPOSIT OF GARBAGE-COM-BUSINES THEFT-MORE 2500-FE-WATERCRAFT-OTH PROP THEFT-501-2500-FE-MOTOR VEH-OTH PROP THEFT-251-500-GM-BUILDING-OTH PROP THEFT-251-500-GM-MOTOR VEH-OTH PROP THEFT-251-500-GM-WATERCRAFT-OTH PROP THEFT-LESS 250-MS-YARDS-OTHR PROP THEFT-LESS 250-MS-SELF SRV GAS-OTH PROP THEFT-LESS 250-MS-MOTOR VEH-OTHER THEFT-LESS 250-MS-WATERCRAFT-OTH PROP THEFT-GM-ISSUE WORTHLESS CHECK-250 OR LESS Licensed to Mound Police Department Page: 3 -3952- Crime Summary Report MOC Mound Police Incident. DateReported Between 06/26/02 07/25/02 Total Thursday, August 01, 2002 MOC Literal Translation GRAND TOTAL: U249C U3340 U349D 1 1 2 234 TI-IEFT-GM-BICYCLE-NO MOTOR-251-$00 THEFT-MS-TELECOMMUNICATN SRV-UNK LOSS THEFT-MS-BICYCLE-NO MOTOR-250 OR LESS Licensed to Mound Police Department Page: 4 -3953- Citation Summary Report MOC Mound Police Citation. DateCited Between 06/26/02 07/25/02 Literal Translation Wednesday, July ;31, 2002 9000 41 SPEEDING 9001 4 ' J-SPEEDING 9040 2 NO SEATBELT 9100 PARKING/ALL OTHER 9150 NO TRAILER PARKING 9210 10 PLATES/NO-IMPROPER-EXPIRED GRAND TOTAL... 68 Licensed to Mound Police Department Page: 1 -3954- 0 O00000 ~ 0 000000000 00000 000 ~oOOOOO~Oo~oo 00000 000000000 000000000 00000000 000000000 000000000 ~oOOOOO~ooO~° 00000 ~ ~0 ~ 0 ~ 0 ~ ~0000000~0 ooo~oO~ ~00000~0~0 -3955- 00000~0~0 000000000 -3956- ,-~- .ooc~ z :z: z -r' ~ .... ,:, ~ -, - ,,, ~ ::3 · ~ . ~' ~ -. ~- ~' 0 ~ ~ 0 0 0 0 ,0 0 ~ ~ ~ 0 0 ~ ~ .... ~ ~ ~ ~ 0 ~ ~0 ~ ~ ~ ~ ~ ~ 0 ~ ~0 ~ ~ ~0~ ~ ~ 0 ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -3958- CITY OF MOUND BUDGET EXPENDITURES REPORT June 2002 50.00% June 2002 Y'rD PEF~CENT BUDGET EXPENSE EXPENSE VARIANCE E~ GENERAL FUND Council 79,280 2,126 City Manager/Clerk 235,100 19,592 Elections 11,030 0 Finance 201,260 14,703 Assessing 79,700 12 Legal 122,000 7,685 City Property 89,110 5,041 Computer 28,250 1,079 Police 1,164,600 81,785 Emergency Prepardeness 6,780 702 Planning/Inspections 266,030 29,229 Streets 576,610 28,405 Parks 322,240 20,639 Transfers 207,840 17,320 Cable TV 48,000 45 Contingencies 60,860 948 32,760 116,269 89O 93,624 130 44 087 39 727 18 324 490 504 4 293 124 835 251 880 156 372 103 920 155 (89) 46,520 41.32% 118,831 49.46% 1 O, 140 8.07% 107,636 46.52% 79,570 0.16% 77,913 36.14% 49,383 44.58% 9,926 64.86% 674,096 42.12% 2,487 63.32% 141,195 46.93%. 324,730 43.68% 165,868 48.53% 103,920 50.00% 47,845 0.32% 60.949 ,0.15% GENERAL FUND TOTAL 3.498.690 229.31 t 1.477.681 2.021,009 42.24% Area Fire Service Fund 699,470 Cemetery Fund 9,920 Dock Fund 132,700 TIF 1-2 0 Water Fund 577,660 Sewer Fund 1,007,420 Liquor Fund 460,660 Recycling Fund 155,510 Storm Water Utility 58,200 22,637 301,804 397,666 43.15% 147 1,258 8,662 12.68% 5,968 31,694 101,006 23.88% 83,210 403,826 (403,826) 58,130 386,144 191,516 66.85% 91,669 537,788 469,632 53.38% 27,222 204,115 256,545 44.31% 16,104 55,552 99,958 35.72% 0 33,321 24,879 57.25% Exp-01 07/18/2002 Gino -3959- CITY OF MOUND BUDGET REVENUE REPORT June 2002 50.00% GENERAL FUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfers from Other Funds Charges to Other Departments June 2002 YTD PERCENT 2,253,520 620,200' 620,200 (1,633,320) 27.52% 6,300 3,050 6,875 575 109.13% 188,450 16,903 132,413 (56,037) 70.26% 461,130 0 40,400 (420,730) 8.76% 137,550 7,864 58,441 (79,109) 42.49% 110,000 10,909 40,628 (69,372) 36.93% 145,400 6,273 91,025 (54,375) 62.60% 128,000 0 0 (128,000) 0.00% 13.000 3.374 8.533 (4.467) 65.64% TOTAL REVENUE 3.443.350 668.573 998.515 (2.444.835) 29.00% FIRE FUND 429,470 22,593 CEMETERY FUN D 6,050 485 DOCK FUND 129,360 1,694 WATER FUND 535,500 37,212' SEWER FUND 1,048,810 86,133 LIQUOR FUND 2,050,000 190,996 RECYCLING FUND 127,880 6,958 STORM WATER UTILITY 112,000 9,124 251,131 (178,339) 58.47% 2,685 (3,365) 44.38% 113,060 (t 6,300) 87.40"/* 264,413 (271,087) 49.38% 511,106 (537,704) 48.73% 880,123 (1,1 69,877) 42.93% 50,422 (77,458) 39.43% 54,859 (57,141) 48.98"/. 0711812002 rev01 Gino -3960- General Fund $999,729 CDBG 1,114 Area Fire Protection Services 232,730 Grant Revolving 0 Cemetery (1,163) Dock 208,955 PW Facility 98,731 G.O. Improvement Bonds Commerce Place TIF (19,520) (20,559) TIF 1-2 Notes 25,578 G.O. Bonds 2001 - A 7,960 G.O. Bonds 2001 - C 19,147 Capital Improvement 1,603,265 MSA 20,520 Sealcoat 3,325 CDB Downtown TIF 1-2 (258) (1,702,203) Water 1,259,004 Sewer 1,051,776 Liquor Store 1,394,403 Recycling 73,71 Storm Water 851,520 Fire Relief (43,417) HRA 18,000 Note: The above schedule shows the combined cash and investment balances by fund for the months indicated as recorded in the General Ledger. The balances do not reflect receivable, payables, authorized transfers, encumbered funds, or dedicated/reserved resources, etc. Only some accrued transactions are reflected. Investment income will be distributed to the funds at the end of the year and is not .included. A long and complete process is followed to record all transactions, before we close the books, at the end of the year. In addition, the audit from the independent auditor is performed and an official Comprehensive Report will be presented to the City Council and made available to interested parties. In no way this schedule is intended to represent balances of funds available for spending. 07/18~2OO2 CashReportCouncil Gino -3961 - ' ~o o -3962- -3963- ×1 -3964- CITY OF MOUND Meeting Minutes Mound Public Safety Facility Meeting held on 07/22/02 Date printed 07/29/02 The meeting was convened at 4:30 PM Monday, July 22, 2002 at Mound Fire Station: Present: Greg Pederson Mound Fire GP Todd Christopherson Amcon TC Matt Simoneau Building Off. MS Bruce Gustafson Fire BG Miles Britz SEH MB John McKinley City JM Kandis Hanson City KH Sarah Smith City SS 1. GP updated on status of lease space. Monday 7/29 - GP to submit lease to John Dean for review. 2. The lease will have the 500 SF of office space as an option so the GP can compare to the cost of renting temporary trailers. The buyers of the adjacent house are coming at 7 PM this evening. TC and MB to stay and meet with them and GP and KH. There are some sizable maples on the piece in question. The city is considering a land swap with them and possibly a payment in addition to the trade. There is currently no line item in the budget for this, so would need to come from contingency. 4. The electrical designers were here reviewing the existing building with GP last week. MCWD - SS updated on a meeting they had with the watershed district. They reviewed the new storm water plan with them. They are meeting with them again tomorrow to work out transfer of authority to the City. There will be a concurrent application in case the transfer does not v~ork out. SS has ordered the labels and has them ready. Brad from SEH will do the paperwork that is part of the application. Discussed the relocation of the overhead power lines. Strommen is still working on. SEH has had some discussion with him. No determination yet. It was the general consensus of the team that the lines should be lowered even if there is no reduction or elimination of the costs by Strommen. It is an aesthetic as well as safety issue. If the actual costs are significantly more than the $50,000 budget, then this will be revisited. 7. GP reviewed the list of items to be saved from the existing building. This list will be provided to Amcon and SEH for incorporation into the bid documents. KH asked about the schedule. TC will report to the Council tomorrow evening that the project is tracking closely to the schedule that was established in late May and distributed to the Council previously. The first bid package will be ready for bids in early August, bids opened in early September, and Construction (demo and site grading) started on or about 9/11/02. 9. The asbestos abatement work will take place the week of 9/4 and should take about 2 or 3 days. GP to get owner removal done prior to 9/1. 10. The money is now available from the bond sale. 11. TC to call Strommen to get update on utility issue. C:\WINDOWS\Temporary Internet Files\Content. IE5\RDERST6V~MPS 07 22 02.doc Page 1 of 3 -3965- Meeting held on 07/22/02 Date printed 07/29/02 12. GP is meeting with MediaCom this Wednesday to discuss the use of the strset during construction and after the building is completed. 13. Site title issues - all completed. 14. Communications - Article is written and will be published soon. 15. The asbestos bids are all in and TC will award the contract to the Iow bid and schedule the work to be done week of 9~4. 16. The test wells - TC discussed with Braun. Braun has petitioned the State to have the wells closed/capped. TC to coordinate and make sure that this is done prior to site grading. Work to be done by a certified well capping contractor. 17. Building Team adjourned at 5:30. Design meeting started. Sam Bontrager, Steve Earl (SEH), Mary Jo Mattson (SEH), Greg Palm, and Tim Palm joined the meeting at this point. SS left the meeting. 18. SB reviewed building exteriors and glass samples. 19. The overhead doors at the front will all be full glass, including the maintenance bay. The rear doors will all be solid doors with a continuous row of windows in them. 20. SB indicated that the new site design has a steeper slope of the driveway. 21. Electrical reviewed the requirements for voice, data, and security. Two ways of doing this are 1) have SEH do the design of these systems and solicit bids for the work and 2) solicit proposals from vendors that include design and construction. 22. A computer network is not part of the current plan. The rough-ins will be done to allow flexibility if and when a computer network is installed. 23. The security system was discussed. The only camera needed is in the booking area. It may be desirable to have an additional camera in the sally port. 24. Access to the building and into certain rooms will be by card access. These doors will need to be identified. In the interest of cost, a limited number of doors will be electrified initially, with others roughed in for future addition to security/access system. Cameras also will be installed initially at a bare minimum, with others roughed in for future expansion. 25. Leasing of systems was discussed as an option since the technology changes rather frequently. 26. Discussed phone systems. The fire station system is on the list of items to be saved in the existing building. It is desirable in the future to have the FD connected to the City Hall. 27. Fire alarms were discussed. The building will be monitored. Simplex monitors the existing City Hall. 28. The police and fire communications systems will be switching to the new 800 MHz systems in March. 29. Occupancy sensors will be used for most lighting. C:\WINDOWS\Temporary Internet Files\Content. IE5\RDERST6V~vlPS 07 22 02.doc -3966- Page 2 of 3 Meeting held on 07/22/02 Date p[inted 07/29/02 CITY OF MOUND 30. A lightning protection system will be looked at by SEH. GP will check with City insurance to see if there are any requirements or premium discounts. 31. Discussed the generator requirements. The requirements are close to what the existing generator is. If additional systems are needed to run, perhaps a second generator could be set up for portable use. SEH to investigate further. 32. MB said the SEH wants to incorporate the "program data sheets" for the project wherein each room or space has a letter size sheet of paper that identifies all program issues for the room. This tool will be used with the owner to aid in designing the various systems. 33. Meeting adjourned at 7 PM. The new property owners of the adjacent residence to the South came to the Fire Station to review the plans and discuss the possibility of selling a portion of the land to the City/HRA for the additional parking desired. After reviewing the plans and discussing the possibilities, the owners and several from the building committee walked the property to look at the existing conditions. The new owners are open to the possibility of selling some of the land, however, they want to wait until they occupy the home for a week or so first. They will be moving in on or about 7/29. 34. Minutes by TC. Call if any missing items or discrepancy. C:\WINDOWS\Temporary Internet Files\Content. IE5\RDERST6V',MPS 07 22 02.doc -3967- Page 3 of 3 CIT~ OF MOUHD Meeting Minutes Mound Public Safety Facility Meeting held on 07/26/02 Date p~nted 07/29/02 The meeting was convened at 9:30 AM Friday, July 26, 2002 at SEH in Minneapolis: Present: Todd Christopherson Amcon TC Miles Britz SEH MB Sam Bontrager SEH SB Steven Earl SEH SE Lauran Larson SEH/KO LL Kirk Onsager SEH KO Brad Reifstede SEH BR Trent Luger SEH TL 10. 11. The meeting was held to discuss site design, phasing of work in various bid packages, structural design, and electrical issues. It was agreed that all exterior concrete curb and gutter would be in one prime contract that would include a nominal amount of exterior sidewalks adjacent to the existing City Hall. Some of the work in this contract will be scheduled this year to accommodate the new driveway to city hall, and the balance of the work would be completed in spring, 2003. It was agreed that the asphalt paving would also be included in one contract with part done this fall and part done next spdng. The retaining walls will be constructed of modular units. The one exception may be walls around the front; corner building entry, which may be of CIP concrete with form liner or natural stone veneers. The first bid package will include building demo, site clearing and grading, modular retaining walls, site utilities (storm, sanitary, water), curb and gutter, asphalt paving. Capping of the existing wells will be arranged by TC, however, will not be included in the bid documents. The overhead utility lines were discussed. The plans will show them and indicate "to be relocated by others." Discussed the front entry and retaining walls. TC suggested eliminating most of the walls there as the stairs could be built into the slope without walls. The desired entry monument signage could be achieved with a freestanding monument in front of the building. The elimination of the front retaining walls could be significant cost savings as they would be of poured concrete with frost footings. Discussed electrical systems. Discussed structural systems. Meeting adjourned at 12:30 PM. Minutes by TC. Call if any missing items or discrepancy. C:\WINDOWS\Temporary Internet Files\Content. IE5~DERST6V~MPS 07 26 02.doc -3968- Page 1 of 1 CITY OF MOUND Meeting Minutes Mound Public Safety Facility Meeting held on 07722902 Date printed 07/30/02 The meeting was convened at 4:30 PM Monday, July 29, 2002 at Mound Fire Station: Present: Greg Pederson Mound Fire GP Todd Christopherson Amcon TC Matt Simoneau Building Off. MS Miles Britz SEH MB John McKinley City JM Kandis Hanson City KH Sarah Smith City SS 1. Carriveau, the broker, will be e-mailing the lease to John Dean and GP tomorrow. Meeting this week to look at the existing office space. 2. SEH met last week at the existing building to review items to be salvaged prior to demo. SEH has incorporated this into the demolition plans. 3. JM and GP have marked up a plan to show security and card access requirements. There are about 26 doors total, 20 for police and 6 for fire to have secured access. The cards will be proximity type for easier use. GP and JM are meeting next week with Wally Vogtmann to review phone system requirements. KH wants to make sure that the City Hall and Public Safety buildings are connected so that people can speed dial extensions directly between buildings. 5. MB reported that work on the floor plans is pretty well done and is holding right now while emphasis is on getting bid package one ready for bids. 6. JM will work on procurement of the sliding storage system for the property storage room and file room. The system selected will determine the rail detail and recess requirements. Discussed the adjacent property procurement. Bid package one is proceeding and will include the retaining wall to the south as currently shown. If the property is procured, then an amendment will be done to the documents to show the new wall location. The landscaping in that area will need to be done this fall to accommodate the neighbor's gardens. This work may not be bid out and may be procured directly with a local landscaper if and when determined. 8. SS updated on the watershed distdct transfer of authority. Discussed the bidding of the project and phasing of fall work and spring work. The existing driveway will get torn out very early in the project and the new drive will be installed. The goal is to minimize the disruption to ongoing operations. 10. The existing entry sign into city hall will be moved temporarily, however, bid package 3 may include some new monument signage at city hall to match the new monument on the corner. 11. The ground breaking was discussed. It is temporarily planned for 9/17, Tuesday at 6:30. It will include some sort of ceremonial "knocking down" of the building. C:\WINDOWS\Temporary Internet Files\Content. IE5~,DERST6V~IPS 07 29 02.doc Page 1 of 3 -3969- CITY OF MOUND 12. GP updated financial aspects. Meeting held on 07/22902 Date p[inted 07/30/02 Still working with partner Cities to get all to buy in - progress is goOd. 13. TC to send updated budget to KH by 11 AM Thursdays prior to Council meetings. 14. MB said that soil under the new building is soft clay and will require some type of corrective work. The options for this are being worked on and will be priced for determination of the system to be used. The design will be incorporated into the bid documents. 15. The existing gas lines and sanitary on the site are not shown on the MFRA survey. JC will send someone out to measure where these are and show them on the survey. 16. TC updated the overhead power line relocation item. Strommen is working on this with Excel and SEH. He will report to the City Council on 8/13. Some poles may need to be moved for construction - TC to coordinate this. The lowering of the lines most likely would not happen until spring, due to schedule and frost. 17. Frank Wyland - knows of a petroleum tank that was buried at one time just outside the north wall of the building. TC to check with ^licia at Braun to see what needs to be done with that information. 18. Asbestos removal to be hired by Amcon. Work to be done last week of August and first week of September. Building Committee meeting ended at 5:45. The design meeting started at 5:50. SS left. SB joined the meeting. Brian Ringsven of Emmanuelson Podas Mechanical Engineers joined the meeting as well. Jeff Anderson and Scoff Alden also joined the meeting. 19. KH reviewed the Mound Vision that has been evolving over several years and includes design standards for outside lighting, park benches, landscaping materials, etc. Hoisington Koegler has assisted the City with these standards, and as previously discussed; SEH should coordinate the exterior and landscaping of the Public Safety project with those standards. 20. KH reviewed the street plans for the downtown redevelopment improvements. The lights and standards selected for that project should be coordinated with the Public Safety project. 21. TC to talk with Bruce Chamberlain at Hkgi about procurement of the light poles and fixtures. Perhaps the pricing can be tied down with the supplier before the final selection of the fixture is made. 22. JA said there is a leaking water main in the street that may want to be fixed as part of this project. SEH civil engineers to talk with Skinner about potential solutions to this issue. 23. BR reviewed the mechanical plans. 24. The water is 24 grains hardness - he recommends a softener. 25. The holding cells will need the stainless detention style fixtures. There is one existing that can be rs-used. The specs will call for one new one to match existing. 26. Reviewed hose bibb and exterior wall hydrant locations for the lower police area. There will be a flammable waste trap and a sand trap. The drains shown as trenches will be changed to round floor drains. 27. Discussed drinking fountains. Code does not require drinking fountains, MS and SB to review code requirements and decide. The only one to be included will be the one at main level adjacent to elevator, pending verification of code issues. C:\WlNDOWS\Temporary Internet Files\Content. IE5\RDERST6V~MPS 07 29 02.doc -3970- Page 2 of 3 Meeting held on 07/22902 Date printed 07/30/02 28. Discussed water heaters. There is one large one located near the stair well on the upper level. Discussed hot water demand. It is mostly determined by the shower use, not usually the dishwasher. 29. There should be a residential style dishwasher in the 3rd floor. There should be a coffee machine hookup there also. KH suggested a pas through window for serving coffee. It is envisioned that the appliances there will be residential grade, purchased by City through FFE budget. 30. Reviewed ventilation requirements for the police areas. JM did not know of any additional requirements - SEH is planning on ventilation for kennels, garage, and showers already. 31. Heating and cooling is by VAV system with rooftop units. 32. Discussed the commercial & washer dryer for the apparatus bay. The washer is existing and details should be coordinated to reuse it. The dryer will be new. There is a question of whether it will necessitate the rating of the room that contains it. MS and SEH to verify based upon selected dryer. 33. Reviewed the water drops. GP wants more time to look at the plan that BR has done. 34. Reviewed the air drops. Owner to confirm whether they are reels, coils in the ceiling, quick disconnects, etc. 35. Water meters - currently the Fire Department does not meter its water use. TC suggested keeping that practice as the cost of a large meter could be saved. BR to confirm requirements with Skinner. 36. Discussed reof top unit locations. SEH is working to minimize visibility and noise. There will be no screens; the units will be painted to blend with other building materials. 37. The windows in the future bunkrooms will be non-operable. Later, if needed, they may be retrofitted to provide an emergency egress operation. 38. Discussed heating of the apparatus bay. Gas fire radiant fin tubes are planned. 39. Discussed ventilation of the hose tower. It needs ventilation. Exhausting the air would require make up air and would result in excessive energy use in winter. The plan is to provide a fan and duct to ventilate the tower and direct the airflow to the apparatus bay. TC to check with Rosemount FD to see how this is working at their fire station built in 1996. KH suggested that we have a model of where this has worked well, one way or the other before we decide. 40. KH reviewed some plan layout issues that had previously been discussed. These are related to door locations between police and fire. 41. KH will have Bruce Chamberlain provide a wdtten description of their recommendations for materials and details and SEH will incorporate as much as is practical. 42. SEH showed precast concrete samples from Wells Concrete Products. 43. Meeting adjourned at 8 PM. Minutes by TC. Call if any missing items or discrepancy. C:\WlNDOWS\Temporary Internet Files\Content.lE5\RDERST6VffvlPS 07 29 02.doc -3971 - Page 3 of 3 CITY OF MOUND Meeting Minutes Mound Public Safety Facility Meeting held on 08/0502 Date printed 08/06/02 The meeting was convened at 4:00 PM Monday, August 5, 2002 at Mound Fire Station: Present: Greg Pederson Mound Fire GP Todd Christopherson Amcon TC Matt Simoneau Building Off. MS Miles Britz SEH MB John McKinley City JM Kandis Hanson City KH Sarah Smith City SS Bob Brown Mound Council BB 1. MB indicated that we need to have the triangle of land staked out now that the neighbors have moved in. We will attempt to do this if the meeting gets completed by 6:30. 2. GP and SB set up a display of the proposed building including brochures, colored renderings, and site plans. It is in the display window at the Hennepin County Library in Mound. 3. GP gave an update on contract negotiations with the neighboring communities. The lease for the temporary facility is done and has been forwarded to John Dean for legal review prior to acceptance and signature. Still not sure if temporary trailers will be used or additional office space within the building. KH asked if assistance is needed in moving existing systems and set up. GP is meeting tonight to coordinate move requirements. 5. The geotechnical report was received today as prepared by SEH. The results indicate that the soil conditions under the building pad are not good. In general, we are dealing with softer soils, sandy clays, etc. Discussed the two options for soil corrections. Soil removal and replacement is one option under consideration. Another potential is Geopier foundation, which is a trademarked system. It was agreed that the base bid in bid package one would include an alternate for the over-excavation and replacement. We will also proceed simultaneously with an alternate for Geopier. SEH will put together a performance specification for Geopier which may go into the bid addendum. 7. BB said the Masonic Lodge will donate a corner stone. We will incorporate this into the building details. The detail will allow the stone to be set later and a time capsule could go into it. 8. GP is meeting with phone vendors tomorrow. 9. GP has another meeting to confirm move. They will get most of the owner items removed on 8/24 and then operate trucks from the existing space until the actual move. 10, MB said that the specs would direct the contractor where to deliver the removed items from the existing building, They will be stored at the Balboa building in the temporary fire station space. 11. Site prep - utility relocation. Strommen is on the agenda for next Tuesday's Council meeting. 12. Site title is complete. C:\WINDOWS\Ternporary Intemet Files\Content.lE5\8L2RC5U7~vlPS 08 05 02.doc Page 1 of 2 -3972- Meeting held on 08/0502 Date pdnted 08/06/02 CITY OF MOUHD 13. Communications - the school district is coming to meet with the fire department about how the building process is working. They are promoting their own referendum as well. 14. TCAT has been given authorization to do the asbestos removal the week of 9/4/02. 15. SS has done a letter to DNR since the building exceeds the 35' height. 16. SS is still waiting on word from watershed district on the permit approval. Should have next week after their meeting. 17. MB will not be next two weeks. Nancy or Sam will most likely fill in. Building team meeting edded at 5:30. SB, Greg and Tim Palm joined the meeting for design. Gus and Jeff Andersen joined as well. 18. SB handed out a brochure for a company that refurbishes furniture systems at a lower cost than new, GP to review. The SEH design contract includes furniture layout services - Molly will be doing this work. This will include the layout of all outlets for power, telephones, and computers. 19. Sam submitted a brochure from Viracon showing different glass colors available. 20. SB handed out the reom detail sheets JM and GP to fill these out and get back to SEH. 21. JM pointed out a concern about Data Pdvacy as relates to the shared copy room. Item 21: SEH will develop an alternative plan where both fire and police will have their own copiers in their own space thereby not compromising Data Privacy issues. 22. Discussed fax machine locations and mail slots. The departments will have their own fax machine and their own mail slots. 23. Talked about the building exterior. The modular retaining walls will need to have a color selection that will coordinate with the building material. Anchor has a new product call Highland that attempts to match an old stone wall. MB is not in favor of this. 24. KH said it is important to consider the potential of City Hall future upgrades when looking at exterior elements. Exterior elements will need to complement the Fire Station as well as current and future City Hall. 25. Discussed precast concrete colors. 26. KH said that there is feedback indicating that the design is trending toward a "Southwest" style with the tans and blues. She is leaning toward clear glass and earth tones in order to stay in line with the HKGi downtown recommendations. She presented a memo from HKGi outlining their color recommendations. 27. IN order to look at more options and decide on color schemes, SEH will do some video filming of existing buildings in lieu of trying to schedule the entire team on a tour. Also, they will do some colored renderings to show different options. 28. Discussed the fire pole. Concern about HVAC systems with the apparatus bay being maintained at 55 degrees in the winter. SEH to investigate further. 29. Meeting adjourned at 8 PM. Minutes by TC. Call if any missing items or discrepancy. C:\WlNDOWS\Temporary Internet Files\Content.lE5\8L2.RC5U7\MPS 08 05 02.doc -3973- Page 2 of 2 -3974- ~ -3975- -3976- -3977- Businesses provide input for next session By David Olson, president, Minnesota Chamber of Commerce Even as the 2002 session of the Minnesota Legislature was wrapping up, Minnesota Chamber of Commerce president and senior vice president, David Olson and Bill Blazar, were gathering business community input at meetings around the state for the next slate of priorities. Although 2002 was a challenging legislative session, the Minnesota Chamber made progress on several major issues that businesses identified as key to long- term economic security, laying the groundwork for advances on the issues members identified in May. Health care reform and balancing the budget with new business taxes were significant achievements in the 2002 Legislative Session. The business community did shoulder some of the budget-balancing burden, however, since workers' compensation funds were used to balance the budget. This will result in $100 million of increased employer cost over the next four years. The greatest disappointment was lack of a transportation funding package. As for what lies ahead, Chamber members again expressed concerns about how they can continue to provide health care insurance given double digit increases in premiums year- after-year. Also evident is general fi'ustration with the legislature's inability to deal with the mounting transportation problems the state is facing. Some new issues emerged, Particularly the rising costs of property and casualty and other business insurance products. The rising cost of workers' compensation insurance was brought up in every meeting. Education (both K-12 and higher education) also remains a concern with a focus on funding and the results (or lack of them) generated for that money. Members also want results linked to taxes and spending. It is very clear to members that the legislature has done the easy part of addressing the budget deficit. If future deficits must be resolved, members want government to have the courage to cut spending and/or restructure programs and focus more on market principles. The Minnesota Chamber policy committees will incorporate these concerns into policy strategies as it moves ahead with the business agenda for 2003. Draft policies will be available for local chamber input in the fall. -3978- C 145 University Avenue West, St. Pa~r MN 55103-2044 Phone: (651) 281-1200 ° (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 ° LMCIT Fax: (651) 281-1298 Web Site: http://www.lmnc.org August 1, 2002 TO: City Managers, Administrators, and Clerks FROM: Tom Crrundhoefer, LMC General Counsel Issues arising out of July 17~ 2002 State Auditor Investigative RePort to the City of Brooklyn Park Introduction The Office of the State Auditor (OSA) recently issued a report "questioning" various spending practices 'of the City of Brooklyn Park. Since the report was issued, the League has had a number of calls from city Officials asking our reaction to some of the issues discussed in the report. It is our sense that some of the practices addressed by the OSA may be common in other cities. Accordingly, we thought it might be helpful for the League to put in writing some of our thoughts regarding certain issued addressed by the 0SA. At the outset, we want to make clear that this memo does not deal with all of the matters raised by the OSA, nor should it be taken as an encouragement or a reco~endation by the League to disregard the observations made by the OSA. As always, decisions about city spending policies and practices are largely a matter of local concern and ought to be thoughtfully discussed and analYZed at the city council level. In addition, because many of the issues fall into what might be considered the "gray area," we encourage yOu to consult with your city attorney about this topic. Background As an initial matter, it may be useful to ~e a comment on the legal effect of the auditor's Opini°n on Brooklyn Park and other cities. Under Minn. Stat.. §§ 6.49 and 6.50, the OSA has the responsibility to supervise the financial accounts of MinnesoTM cities and to conduct an examination of city accounts and records as the "State Auditor may deem the public interest to demand." Pursuant to these powers, the OSA investigated complaints about Brooklyn ParkOs expenditure practices, and issued a report finding that a number of the city's expenditures were "questionable." As it stands, the report is an AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -3979- advisory opinion to the citY. However, in the case of findings of suspected violatio~as:of law, the Autlitor is required to send a copy of the report to the city attorney and/or ebm~Y attorney for review for possible prosecution. A representative of the OSA has indicated that a copy of the Brooklyn Park report was forwarded to the city and county attorney, although he said that most of the issues addressed in the document did not rise to the level of clear violations of law. With regard to the effect of the report on other communities, the report has no binding effect, although observations made in the report should be given careful consideration. It should also be mentioned that the findings in the report rely heavily on advisory opinions issued by the Attomey General's office. Opinions of the State Attorney General are not binding on cities, but are given careful consideration by the courts. Minn. Stat. § 8.07 and Village of Blaine v. Independent School District 12, 272 Minn. 343,353 138 N.W.2d. 32, 39-40 (1965). Many of the "questionable" expenditures made by Brooklyn Park involved an evaluation of whether,the particular expenditure served a valid "public purpose..". The courts have recognized that the determination of what is a vali.d public purpose is an evolving concept and that great deference will be given to a local governing body's decision that a particular expenditure is for a public purpose. R.E, .Short Co. v. City of Minneapotis~ 269 N,W.2d. 331 (Minn. 1978). Accordingly, the determination of public purpose involves a subjective determination that may vary from community to.community; and as such, the OSA's findings in Brooklyn Park, and many of the Attorney General's Opinions upon which the report relies, are instructive but not binding on Brooklyn Park or other cities. Nevertheless~ the League is well aware that any decision to depart from recommendations made by the State Auditor or the Attorney General ought not be taken lightly, given the potentially sensitive nature of the decision. Any Such decision should be carefully considered and based on justifiable reasons. In revie~g the OSA's findings in Brooklyn Park, we. have identified the following general areas to which this memo will address comments: Spending on employee recognition events. Spending on employee social events, such as summer picnics or holiday parties. Spending for employee meals and/or foods, as part of employee meetings. Spending on Chamber of Commerce dues. Before getting into any of these specific eXpenditure tYPes, it is useful to review the test for evaluating the validitY .of any city expenditure, · The test is two-fold: first, there must be a public purpose for the expenditure; 'and' second, there must be specific or implied authority for the expendlture found in statute or a city's charter. A comment ab°~it each of these two tests may be helpful. 2 -3980- Public purpose The Minnesota Supreme Court has emphasized that public purpose is an evolving concept that should be interpreted liberally to effectively deal with the wide-ranging Changes transforming society. The court has also stated "We have also recognized that Public purpose should be broadly construed to comport with the changing conditions of modern life." R.E. Short Co. v. City of Minneapolis. 269 N.W.2d at 337 (citing City of Pipestone v. Madsen, 287 Minn. 155, 210 N.W.2d 298 (1973)). It is significant that the court has accorded great deference to a local governing body's determination that an expenditure is for a public purpose. The Court has said that a strong presumption exists that public officials are acting apprOpriately when making Spending decisions. In fact, the Court has made clear that "this presumption necessarily makes the scope of review of such governmental decision-making extremely narrow and a revieWing cOurt should overrule a legislative determination that a particular expenditure is made fo~ a public purpose only if that determination is manifestly arbitrary and capricious." Accordingly, as discussed above, the question of what constitutes a public purpose is largely a matter of city council discretion. City authority With regard to th'e "authority test," a Minnesota municipal corporation has only such powers as are expressly conferred upon it by statute or its charter, or necessarily implied there from. In looking at the question of city authority, a distinction exists between charter cities and statutory citieS. Many home rule charter cities have an "all powers" provision, which reads something like "A city shall have all powers which may now or hereafter be possible for a municipal corporation in this state to exerCise in harmony with the constitution of this state and of the United States." This broad grant of power under city charters has been interpreted aS including "all ~ose powers which are generally recognized as powers which may properly be given to and be exercised bY, municipal corporations." State ex rel Zien v. City of DulUth, 134 Minn. 355,' 159 NiW. 792 (19~6). In construing municipal charter authority, the Minnesota Supreme Court in City of St. Paul v. Whidby, 295 Minn. 129, 136 203 N.W.2d 823,827 (1972) (citing Park v. City of Duluth 134 Minn. 296, 298, 159 N.W. 627, 628 (19i6)), enunciated the parameters of such authority: "Municipal corporations are created bY state law.., their legislative authority is conferred upon them by the COnstitution and the laws' of the State and, as to matters of municipal concern, they have' all the legislative power possessed bY the Legislature of the state, save as such power' is expressly or implicitly withheld..." Accordingly, fora ehal~er citY wi~ an "all Powers" clause, the scope of mtmicipal authority is probably greater than that allowed for statutory cities. With regard to statutory cities, municiPal authority has to be found in the statUtes or be necessarily implied from that statutory authority, The question of what constitutes a valid 3 -3981 - implied power is the subject of some debate and creates much of the "gray area" associated with the analysis of particular expenditure practices. The remainder of this. memorandum will not specifically differentiate between charter city authority mad statutory city authority. However, individual cities should pay particular attention to the fact that on the authority question, charter cities may be able to argue a greater level of municipal discretion. Employee Recognition Events The League of Minnesota Cities has 0f~en been asked whether it is valid to sPend municipal funds on employee recognition events. The League has historically taken the position that cities can sponsor and pay for employee recognitionprograms if they axe structured .s.0 that they constitute part of an overall employee compenz, ation program. For instance, Minn. Stat. § 412.221 states that "The council may prescribe the duties and fix the compensation of all officers, both appointive and elective, employees, and agents, when not otherwise prescribed by law." The Attorney General has taken a very narrow interpretation of the term "compensation," and has suggested that the term means only monetary compensation. However, the common usage of the term certainly has. meaniiags beyond just money. Webster's 3rd International Dictionary defines the term to include "payment for services rendered2' Webster's further defines payment as "something given to discharge a. debt or obligation or to fulfill a promise." Even the State Public Employee Compensation statUte seems to imply that "compensation" includes m°re than just money. For instance, Minn. Stat. § 43A? 17, Subd. 9, states that compensation includes "all other direct and indirect items.of compensation .... "Accordingly, if au employee recognition award is truly an expected term of the contract of employment, we betieve a good faith argument canbe made to support, it being a valid fo ~r~. of compensation. In order to meet the "public purpose" and "authority" and to be considered part of.the.employee compensation paekage~ a city should: 1. Take formal action to adopt a program, preferably well in advance of any actual expenditures, using language that specifies that the program is adopted as "additional compensation" for work performed by the employees; 2. Develop a well thought out and modestly priced system that applies to all employees, who. meet certain conditions. For example, "all employees, who reach 25 years of service will receive a P!~Ue.,. thanking them for their additional dedicated years of service to the Community." Employee Events (e.g., holiday parties and. summer picnics) The OSA's report criticized Brooklyn Park for amounts spent on an annual holiday party and an annual employee picnic. The Auditor also questioned amounts spent, on food for employee meetings. The Auditor concluded that the expenditures did not further a public 4 -3982- purpose and recommended that the city discontinue expending public funds for employees' social events. The OSA's report relied on an Attomey General's 'opinion from 1966, finding that "Any public benefit that might result from the proposed social event is too remote and speculative to justify this expenditure as being one for a public purpose." With regard to both the Auditor and Attorney General's view, we offer a couple of observations. First, as discussed above, the question of whether a public purpose is served by expenditure of this nature, is largely a matter properly left to the discretion of individual city councils. As discussed at the beginning of this memo, the concept of public purpose is an evolving concept that can change over time. Perhaps in 1966 the idea of expending city resources on events designed to promote a happy and productive work force, was not seen as a reasonable employment practice. However, in today' s work environment, most human resource professionals would agree that employee j ob satisfaction, and ultimately productivity, depends on more than just the salary an employee'receives from their employer. Alt employee benefits are basically a form of employee compensation that, like all other forms, are designed to attract, retain and motivate employees. In the past, employee benefits meant group health, life and disability insurancel In recent years, most private and public sector organizations have expanded their compensation and benefit programs to include things such as: service and achievement awards; "camaraderie-type" events like annual banquets, employee picnics and holiday parties; on-site daycare or daycare referral services; flex-time and work/life policies; payroll-deducted car and homeowner's insurance; medical and daycare expense accounts; and assistance with carpooling, transportation or parking. One reason for this expansion of benefit programs is that today's workforce is diverse and offer~g a wide range of benefits allows employees to choose the ones that are most important for them. For example, employees in families where both parents work sometimes prefer time off above other benefits. A single parent, however, may require family health insurance. Younger employees may value events where they can socialize with other employees. Another reason for expansion of employee benefits is the fact that studies continue to show that nearly all employees rank "recognition" as a key factor in a good work environment. Since '!recognition" means different things for different people, employers who want to meet diverse needs offer a variety of formal and informal recognition programs. Researchers in intergenerational issues advise employers that each generation of employees value different types of recognition programs and no single effort will be valued by all of the generations present in the workforce. Finally, in addition to the important goals of employee satisfaction and retention, many employers recognize the value of benefits that promote positive social interaction among employees. Employees who interact together develop a "synergy" which often allows for better ideas, better cooperation, and higher productivity. On the opposite end of the continuum, a dysfunctional workforce with high interpersonal conflict may experience -3983- lower productivity, higher absenteeism and probably higher insurance claims. All of these factors can negativelY affect an employer's product and services. We think a city council,.as an employer, could logically conclude that expenditures for employee events, including food at employee meetings, really have as their primary purpose, the creation of a more productive work force that better serves the interests of the citizens of the community. Another way to look at these types of expenditures is to view them as a form of expected employee compensation similar to the analysis used in evaluating employee recognition events. To avoid the argument that expenditures on employee events is an unlawful gift', there should be an understanding, in advance, that these events are an expected form of compensation. If a city wants to implement suCh a program, it would probably be helpful to have the city coUncil review this issue as part of its annual budget discussion. Councils may even want to go as far as passing a motion Specifying and providing that' amounts spent on such events are additional forms of compensation to all employees. The key again, is that the employees have a reasonable~prior understanding and expectation that if they are performing their job, they We earning the fight to attend the employee event. In most cases, the IRS would probably consider the emPlOyer-sponsored party to be a "de minimus fringe" which would not be'subject to withholding and would be excluded from the employee's gross income. See, 26 USCA Sec. }32 (a) (4). Again, each city council should decide whether it believes these types of employee benefits promote a public purpose and serve the best interest of the citizens of their commurdty. With regard to the authority question, a compelling argument can be made that such expenditures are a natural incident of the employer/employee relationship and that authority for such expenditure is implied as part of the authority to hire, retain, and compensate employees. Reimbursement of Employee Meals The O SA qUeStioned-Bro0klYn Park's' praCtice of reiniburSing city Officials for various business lunche~. Relying on a1965 Attorney ~neral Opinion, the OSA concluded that there was no authO~:ity to'sUpport such e~endimres. It is interesting to note, however~ that subsequent oPini6ns f~0~ die Attorney'General have acmaliyTound that questions of this nature are "a question of fact and policy, one which the legislative body.., is most qualified to make" Op. Atty. Gen. 285a, August 7, I969. In evaluating the validity of lunch expenses associated with a Minneapolis Library Board function, the Att°racy Genera, quoted'l'anguai~ from B~ v. Essling, 156 Mi~. 171, 194 N.W. 404 (192~)'Whe~ein the e0urt sta~edi "The mere fact that some private interest may derive incidental benefit from an activity does not deprive the activity of its public natare if its primary Purpose is public." 6 -3984- The Attorney General's Opinion goes on to say that the "inquiry should focus on the questions of whether the primary purpose of the luncheon was in fact to discuss planning and operations of the new branch library, and whether that discussion is properly incidental to the Library Board's chartered function." The Opinion states, "Our courts are disposed to defer decision on these questions unless the facts show a serious abuse of discretion." In commenting on a 1954 Opinion addressing luncheon expenses incurred by the City of Hopkins, the Attorney General stated, "it rests within the discretion of the city council, in the exercise of its sound and honest judgment, to determine whether or not the above $10.00 item was incurred for a public purpose..." Moreover, in another opinion from 1958, regarding the reimbursement of expenses in attending a convention, the Attorney General stated: "Matters of this kind involve questions of fact and of policy. Our courts have indicated it is wisest to leave such matters to the reasonable discretion of those who represent the interest of the city, i.e., its governing body." Accordingly, as with many of the other issues addressed by the OSA, the question of the validity of business luncheon expenses incurred by city officials is one for the city council to evaluate, looking at whether the expense furthers a public purpose and whether it can:logically be seen as a natural incident of a municipal function. In this regard, we would urge cities to set policies and establish guidelines describing under what circumstance the city will reimburse for employee lunches. Chamber of Commerce Dues V'// Relying on a 1997 Attorney General letter Opinion to the City of Staples, the OSA questioned the legality of paying dues to the local Chamber of Commerce, The Attorney General's Opinion, upon which the OSA relies, offers a very narrow interpretation of three statutes that arguably support authority to pay chamber dues: In particular, Minn. Stat: § 469.187 - § 469.189 gives various categories of cities, the authority to expend city funds to advertise the "resources and advantages" of the community. While there is no explicit statutory authority to pay dues to a Chamber of Commerce, it can be argued that the purpose of a Chamber of Commerce is to promote the city's resources and advantages. In effect, the membership in the Chamber of Commerce could be viewed as a contract between the city and the chamber to promote the city. To buttress this argument, at the time of approving chamber membership, the city council may want to make explicit findings about what it intends to receive from its chamber membership and why participation in the chamber promotes an important city purpose. -3985- Another statute that relates to this question, is Minn. Stat. § 469.191, which specifically "permits a home rule or statutory city to appropriate not more than $50,000 annually out of the general revenue fund to any incorporated development society or organizatiom of thc state for promoting, advertising, improving, or developing the economic and agricultural resources of the city." Again, while not an explicit grant of authority to join the local chamber, a reasonable argument canbe ~e that dues to the chamber of COmmerce could logically be seen as payment to a development corporation for purposes of "promoting, advertising, improving, or developing the economic and agricultural resources of the city. To help safeguard a city's decisiOn, the' city council may want to eXplicitly make findings noting that it used the.chamber dues as a payment consistent with the statute.' It is worth noting that a 1997 Attorney General Opinion concluded that this statute would actually authorize a contribution to the chamber, but could not be taken as authority to become a member. A final statute bearing on this question is Minn. Stat. § 471.96, which allows a city to appropriate necessary funds to belong to a "county, regional, state or national associations of a civic, educational or g°vemmental nature, which have as. their purpose, the betterment and improvement of municipal government operations." The Attorney General concluded that it "does not appear that Chambers of Commerce can be characterized as associations of a civic, educational., or governmental nature, which have as their purpose, the betterment and' improvement of municipal government operations, even though their interests may include such objectiVes." While the Attorney General's interpretation should be given weight, it is largely a city council's decision as to whether they think the Chamber of Commerce is an organization that meets this definition. Conclusion As indicated, courts accord a fair amount of deference to a city council's decision on municipal spending decisionS. If a city council decides that'it is appropi'iate to spend city funds on the types of expenditures discussed in this' memorandum, we suggest that city councils spend time considering the issue and make their decisions only after thoughtful deliberation, considering all the: practical, legal and political implications of its decision. -3986- City of Mound 5341 Maywood Road Mound, MN 55364-1687 (952) 472-0600 For Release to the Mound Laker: Monday, August 5, 2002 for publication in August 9 Issue Contact: City Manager Kandis Hanson, 952-472-0609 City Manager Kandis Hanson Answers Redevelopment Questions MOUND, MN - This interview with City Manager Kandis Hanson provides answers to recent questions about the Mound Downtown Redevelopment. Q. Kandis, what can you tell us about the latest on the downtown redevelopment? A. In late July, the Mound Housing and Redevelopment Authority (HRA) entered a preliminary development agreement with the Mound Harbor Renaissance development team. Mound Harbor Renaissance has plans to redevelop the Auditor's Road, Langdon, and Lost Lake Districts. The six-month agreement provides the developer with an opportunity to work with the City to refine a site plan and assess market and financial feasibility. Q. What is in the initial site plan for the redevelopment areas? A. The preliminary development components include a two-story commercial building and hotel in the Auditor's Road District; for-sale townhomes in the Lost Lake District, and senior housing and market rate apartments in the Langdon District. The redevelopment is valued at $50 million. Q. How will the redevelopment project be funded? A. Because the financial feasibility analysis is still underway, it is too early to determine the exact division of costs. Typically a project like this is funded through land payments by the developer and, if needed, tax increment financing. A financial review is being undertaken to ensure that any assistance provided is only what is needed to ensure the project is financially feasible. What is tax increment financing (TIF) ? TI~ is a financing tool created by the Minnesota Legislature to help encourage development and redevelopment. Under TIF, the current property tax level generated by an existing property continues to be paid to all taxing jurisdictions. Once the property is developed and increases in value, a portion of that increase goes to pay site costs such as acquisition, demolition, water, sewer, utilities, and street -3987- improvements. Once the site costs have been paid, that new tax revenue also goes to the taxing jurisdictions. Qo Why do cities like Mound use TIF? It is cheaper for developers to build in open land than to redevelop in a developed community like Mound. TIF helps a fully developed community to compete for development with newer communities that still have open land. If TIF is used, will it impact my property taxes? Because the project is being funded through other sources, the City does not anticipate that it will impact property taxes. The tax increment financing assistance, if used, will be provided based upon the taxes generated by this development, and will not result in a tax on existing taxpayers. Qo Why does the City have to do any redevelopment of its downtown? Mound's downtown was once the heart of the community where people gathered, dined, shopped and did business. However, over the years the downtown has suffered from a lack of reinvestment and new investment. Redevelopment will once again make Mound's downtown the heart of the community. Q. When is the soonest of the redevelopment in the Auditor's Road, Langdon, and Lost Lake Districts could be completed? A. Because of the current financial feasibility and market assessment that is underway, it is difficult to provide an exact time frame. If the project is found to be feasible and the City agrees to move forward in six months to a final development agreement with the developer team, some initial construction could occur as early as Spring of 2003. -3988- The Gillespie Gazette VOL X NO S August- 2002 PRESIDENT'S MESSAGE July 20, 2002 Dear Members and Friends, We cercainly had a lot of rain in the month of June. By my read, we have had plenty of rain so far in the month of July. We have also had plenty of heat and humidity lately. I know that our air conditioning has been running an awol lot. But, then, this is summer. We are looking for a few good people to run for the Gillespie Center Advisory Council in November. You may recall that when the by-laws were changed earlier this year, our Advisory Council will now consist of fn%een members. Dotty O'Brien, MarCy Garvais, Mary Ellen Storlien and Jack Weist are on a Nominating Committee. If you would like to run for the Advisory Council, please contact one of us. We would like to see some of our newer members run for the Advisory Council. Once the'fifteen Advisory Council members are elected, they will choose the chairperson, the vice- chairperson, the secretary and the treasurer liaison. We succeeded in selling all but 10 tiokets for our Annual "5200 Sweepstakes". Thanks to those who bought a ticket. A special thank you to those who, sold tickets (P, on Gramenz, Roger Westman, Larry Gallagher, Patty Guttormson, Jack Weist, Cathy Bailey, MarCy Garvais, Jerry Kohls, Pat Meisel, Ben Withhart, Ann Schwingler and the "incredible duo"...Bet~y Strong and Dotty O'Brien). In addition, we are extremely grateful to Wells Fargo Bank for their suPporc of this annual f~ndraiser and to Jerry Smith from SOS Printing for the gift of ticket printing. Our Meisel Room is up and running again and we can always use more help. I believe we will also have a few mailings to do in the next few months. The work done in the Meisel Room and the mailings earn income for our Center, and help us pay the bills to run our Center. It's hard to believe that our Center is a year old. It is, and we will have an ice cream social on Sunday, July 28~ to help celebrate the occasion. The community is invited to this f~n get together, so we should have a big crowd. We will be socializing from Noon until 4:00 pm. Chairperson Gillespie Center Advisory CounC~ -3989- Minnesota Lawfu'/ Gambling LG555. Government Approval or Acknowledgment For Use of Gambling Fund (pev ous,yLc 03a.d.C26 ) . (11/01 Organization information (please print) OrganizationNarne License Number ~~)~) ~ Address ~(~'I ~;:)~-. "'~/t ~O~'~f ~ ~~ Expenditure Description (attach additional sheets ifnecessaw) 1. Amount of proposed la~ul purpose expenditure. [ $.. ~ ~ '~ ~& ~ ~ ~ 2. Check the appropriate expenditure catego~: ,. ~~ ~ ~'/ Contribution to a Unit of government - United StateS;' S~ate 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 snowmobile or all-terrain vehicle trails with approval by DNR. All trails must be open to public use. Describe the proposed expenditure, including vendors. Oath · I affirm that the contribution or expenditure, in accordance with Minnesota Rule 7861.0120, subpart 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- merit funds must be deposited in our lawful gambling account and recorded on the LG1010 - Schedule CID report. / / Chief executive officer's signature Phone number Date GoVernment Approval/Acknowledgment By signature below, the representative of the unit of government · approves the project as described abm)e, and/or · acknowledges the contribution, which ~vill not be used for a pension or retirement fund. Unit ofGovernment C~"~ ~ Print Name ~~-~.~. ~ ~-_j~?.~'~j;~.~L D Title SignatUre~ Phone numbeR.~:,~ '-" State r~/k,~ zip .~'-t.~"~(~ Keep this completed form attached to the LG1010 - Schedule CID in your organization's records. This form will bemade available in alternative format (i.e. large print, Braille) Upon request, if you use a 't-FY, you can I call us by using the Minnesota Relay Service at 1-800-627- J3529 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, andwill be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. For additional information, check ourweb site at ww. gcb.state, mn.us -3990- 5341 MAYWOOD ROAD MOUND, MN 55364-1687 CITY OF MOUND PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com August 8, 2002 Kandis Hanson City Manager Due to events and circumstances beyond my control, I find it emotionally, psychologically and physically difficult to perform my duties as Liquor Store Manager in the same capacity prior to August 9, 2000. In accordance with the Administrative Code, I respectfully submit my retirement notice, effective September 6, 2002. In the 18 years I have been here, I have taken the liquor store to it's current level. It is time, because of my limitations, for you to hire someone else to bring the Mound Liquor Store into it's new location and into the future. My intent is to hopefully give you sufficient time to fill the position(s). Should you have any questions or find it necessary to seek my opinion, please feel bee to consult with me. Sincerely,