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2003-05-13
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITy OF MOUND ~isSiON STATEMENT: The City o~MOUnd, through teamw0rk and co0Perati0n, provides at a reasonable · c0st~ quatity services that resp0M t0the.needs ora!!' c!t~ensi..fosterm a safe, a~ctive and.fl0ufish!ag :co~uaity.: AGENDA MOUND CITY COUNCIL TUESDAY, MAY 13, 2003 - 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. PAGE 1. OPEN MEETING o PLEDGE OF ALLEGIANCE APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA *A. APPROVE MINUTES: APR 22, 2003 REGULAR MEETING MAY 6, 2003 SPECIAL MEETING *B. APPROVE PAYMENT OF CLAIMS *C. APPROVE WAIVER OF FEES FOR FREE STANDING SIGN FOR GILLESPIE CENTER *D. APPROVE WAIVER OF PLATTING BETHEL UNITED METHODIST CHURCH 2116 COMMERCE BOULEVARD *E. APPROVE APPOINTMENT TO PLANNING COMMISSION JON SCHWINGLER *F. APPROVE PC CASE NO. 03-21: MIKE CHITKO 3301 WARNER ROAD VARIANCE *G. APPROVE EXTENSION OF CBD PARKING PROGRAM *H. APPROVE TREE REMOVAL LICENSE - TALL TIMBER *I. APPROVE RESOLUTION REAFFIRMING THE AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS 1802-1805 1806 1807-1839 1840-1843 1844-1861 1862-1865 1866-1899 1900 1901 1902 PI,EASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. o 10. 11. 12. 13. 14. 15. 16. *J. APPROVE ONE-DAY PERMIT TO ALLOW 3.2 BEER/WINE IN MOUND BAY PARK FOR CITY EMPLOYEE APPRECIATION DAY ON JULY 31. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA (LIMIT TO 3 MINUTES PER SPEAKER) REVIEW/ACTION OF PROPOSED NEW HOUSING CODE BY BUILDING OFFICIAL MATT SIMIONEAU ACTION ON ALLOCATION OF DOCK TO MOUND FIRE AND RESCUE ACTION ON DOCK APPLICATION REQUEST: MARTIN SAREMPA 5446 BARLETT BLVD REVIEW/ACTION ON REQUEST FOR RELEASE OF PORTION OF TAX FORFEIT PARCEL: HANUS/COOK/JOHNSON 4400 BLOCK/DENBIGH RD PLANNING COMMISSION RECOMMENDATIONS mo CASE NO. 03-12: JIM AND MARY ALBRECHT 4701 ABERDEEN ROAD VARIANCE CASE NO. 03-11/03-17: MARK STONE 6380 BAY RIDGE ROAD MINOR SUBDIVISION & VARIANCE ACTION AWARDING BID FOR WELL ACTION AMENDING FEE RESOLUTION ADOPTING STREET LIGHTING FEE ACTION DIRECTING STAFF TO PROPOSE CONTRACTS FOR GAS AND ELECTRIC FRANCHISE AGREEMENTS ACTION SETTING SPECIAL MEETING TO AWARD BONDS FOR 2003 PROJECTS: SUGGEST 5/28 OR 5/29, 6:30 (a five minute meeting) ACTION ON RESOLUTION EXTENDING CONTRACT AND SETTING SALARY FOR CITY MANAGER INFORMATION/MISCELLANEOUS B. C. D. LMC'Friday Fax FYI: LMCIT Insurance renewal Letter: Metropolitan Council Correspondence: LMCD 1903-1922 1923-1927 1928-1944 1945-1986 1987-2006 2007-2032 2033-2034 2035 2036-2038 2039-2040 2041-2046 2047-2051 2052 2053-2075 PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. E. Letter: Hermepin County Sheriff's Office 2076 F. Report: Harbor Wine and Spirits - April 2003 2077-2078 G. Newsletter: Gillespie Center 2079 H. Report: Finance Department - March 2003 2080-2082 I. Memo: Minnesota Institute of Public Finance, Inc. 2083-2084 J. Report: LMCD Update by Mound Rep Orv Burma 2085-2088 K. Report: Public Safety Facility 2089-2090 L. FYI: Charitable gift - American Legion 2091 M. LMCC calendar - May 2003 2092-2093 N. Minutes: DCAC - April 17, 2003 (2) 2094-2096 O. Newsletter: Lake Minnetonka Association 2097-2102 P. Memo on Senator Coleman event 2103 Q. Paint-A-Thon Update 2104 R. Financial Reports - April 2003 2105-2107 17. ADJOURN This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hail or at the City of Mound web site: www. cityofmound, com. MOUND CITY COUNCIL MINUTES APRIL 22, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 8, 2003, at 7:40 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, City Engineer John Cameron, City Planner Bruce Chamberlain, Phil Jensen, Mary LaRose. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items un/ess a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING Mayor Meisel called the meeting to order at 7:53 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA Meisel requested the addition of item #8A, Resolution Authorizing Execution of Tax Increment Pledge Agreement. Hanson requested the addition of item 9A, City Manager's Report. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. CONSENT AGENDA Meisel requested the removal if items D and F, and Meyer pulled item B. MOTION by Osmek, seconded by Hanus to approve items A,C, and E of the Consent Agenda. All voted in favor. Motion carried. A. Approve Minutes of the April 8, 2003 regular meeting. B. (removed) C. RESOLUTION NO. 03-37: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR STEPHEN CAMP AT 3207 DEVON LANE, LOTS 18, '19 AND 20, BLOCK '10, DEVON D. (removed) E. Approve final payment request to Wickenhauser's for Post Office Demolition in the amount of $3,247.95. F. (removed) 1 - 1802- Mound City Council Minutes - Apd122, 2003 4B. PAYMENT OF CLAIMS Meyer asked about the item paying for treatment of Beachwood Pond. Cameron explained that this is the pond that has been a problem and it was treated last year and the results were favorable. Payment for this treatment comes from the storm sewer fund. MOTION by Hanus, seconded by Osmek to approve payment of claims in the amount of $384,478.96. Upon roll call vote, all voted in favor. Motion carried. 4D. APPROVE EROSION CONTROL AND STORM WATER PERMITS - ZERO GRAVITY SKATE PARK Meisel requested this be removed from the consent agenda because there was a citizen present that had comment on the skate park. Don Jerdee, 2521 Lakewood Lane, approached the Council with concern about pedestrian traffic through his property when the skate park is open. He already has kids going through his property to get to the Little League Fields, and is concerned that this will continue and accelerate when the park is open. The Council asked him to inform them if there is a problem and they will do what they can to rectify it. MOTION by Brown, seconded by Osmek to approve the stormwater and erosion control permits for the Zero Gravity Skate Park, as requested. All voted in favor. Motion carried. 4F. APPROVE RESTAURANT AND AMUSEMENT DEVICES LICENSES MOTION by Osmek, seconded by Hanus to approve the following licenses (license year May 1,2003 through April 30, 2004), contingent upon receipt of all forms and fees required. All voted in favor. Motion carried. RESTAURANT LICENSES Al & Alma's Supper Club Domino's Pizza House of Moy Subway Sandwiches Carbone's Pizzeria Pat's Koffee Komer American Legion Post 398 Happy Garden Scotty B's V.F.W. Post 5113 Caribou Coffee AMUSEMENT DEVICES American Legion Post 398 V.F.W. Post 5113 2 - 1803- Mound City Council Minutes - April 22, 2003 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA None were offered. 6. DOWNTOWN DESIGN ELEMENTS REVIEW BY BRUCE CHAMBERLAIN Bruce Chamberlain of Hoisington Koegler Group, Inc., reviewed the design elements for the proposed greenway and CSAH 15 streetscape. He presented samples of the concrete light pole, paver colors and light fixtures. He took suggestions from the Council regarding placement of the American Flag holders for the street light poles. He will research this. He anticipates the Greenway will begin as soon as the MnDOT auditing is completed, and the streetscape will start in Spring 2004. 7. 2002 ASSESSMENT REPORT BY PHIL JENSEN~ HENNEPIN COUNTY ASSESSOR Phil Jensen and Mary LaRose reported to the Council on their findings and results of reviews being conducted. It was reported that there were 684 building permits reviewed last year and the overall value of the city increased 9.9%. 8. ACTION ON RESOLUTION AUTHORIZING PRE-SALE OF 2003 BONDS~ PRESENTED BY JIM PROSSER OF EHLERS & ASSOCIATES Jim Prosser reviewed the Pre-Sale Report of the proposed bond issues. He stated concern over the timing of the 2003 Street Reconstruction Project bid opening as it relates to the selling of bonds. If the bids come in way over projection the council may decide not to go ahead with the project and if the project is already included in the bond sale, that would create a problem. There was also discussion as to the proposed amount of the General Obligation Tax Increment Bonds, with the feeling that the amount should be raised to $2,300,000. MOTION by Brown, seconded by Hanus to adopt the following resolution as amended and set a special meeting for May 6, 2003, at 6:30 p.m. to consider the 2003 Street Reconstruction Bids. The following voted in favor: Brown, Hanus, Meisel and Meyer. The following voted against: Osmek. Motion carried. RESOLUTION NO. 03-38: RESOLUTION PROVIDING FOR SALE OF: $3,300,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A $2,300,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2003B $1,360,000 GENERAL OBLIGATION WATER & SEWER BONDS, SERIES 2003C 8A. AUTHORIZATING EXECUTION OF TAX INCREMENT PLEDGE AGREEMENT WITH MOUND HRA John Dean explained that discussion on this item occurred earlier in the evening at the HRA meeting. 3 - 1804- Mound City Council Minutes - April 22, 2003 MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-39: RESOLUTION AUTHORIZING EXECUTION OF TAX INCREMENT PLEDGE AGREEMENT WITH THE MOUND HRA RELATING TO GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2003 9. ACTION ON AGREEMENT FOR ENGINEERING SERVICES MOTION by Brown, seconded by Hanus to approve the Engineering Services Agreement with McCombs Frank Roos Associates, Inc. All voted in favor. Motion carried. 9A. CITY MANAGER'S REPORT Hanson informed the Council that an abandoned oil tank was found on the site of the new public safety facility. It was filled with cement and it has been determined that there was no contamination as a result. The parking in the next few weeks for City Hall will be on Maywood Road and Cypress, due to construction and relocation of the driveway to the rear parking lot. The drop-box for utility bills has been moved to the front of the building during construction. The new Police Chief, James E. Kurtz, was sworn in earlier in the evening and is open to the opportunity to introduce himself to organizations, groups and churches. The Police Department of City Manager are to be contacted to arrange these meetings. Mayor Meisel called for a 10 minute recess at 9:30 p.m., to be followed by closed session for the City Manager's Performance Evaluation. 10. CITY MANAGER'S PERFORMANCE EVALUATION, WITH ACTION ON RESOLUTION EXTENDING CONTRACT AND SETTING SALARY The Council reconvened at 10:18 p.m. MOTION by Osmek, seconded by Hanus to table the presented resolution until the May 13, 2003 council meeting. All voted in favor. Motion carried. 11. ADJOURN MOTION by Osmek, seconded by Brown to adjourn at 10:27 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 4 - 1805- MOUND CITY COUNCIL MINUTES MAY 6, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, May 6, 2003, at 6:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Park Director Jim Fackler, Public Works Superintendent Greg Skinner, Fire Chief Greg Pederson, Police Chief Jim Kurtz, Finance Director Gino Businaro, Carl Anderson 1. OPEN MEETING Mayor Meisel called the meeting to order at 6:35 p.m. 2. CONSIDERATION OF BIDS FOR 2003 STREET RECONSTRUCTION PROJECT MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-40: RESOLUTION ACCEPTING BID FOR 2003 STREET RECONSTRUCTION PROJECT 3. DISCUSSION REGARDING 2003 BUDGET SHORTFALL AND REVENUE OPTIONS The Council and Department Heads discussed many options for budget cuts and possible revenue options. The Council directed Department Heads to explore numerous options which will be brought back for consideration at a later meeting. 4. ADJOURN MOTION by Brown, seconded by Meisel to adjourn at 10:30 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1806- MAY 13, 2003 CITY COUNCIL MEETING UTILTYBILLS$244.73 APRIL 041603SU E $973.73 APRIL 042103SUE $19,889.84 APRIL 042303SU E $1,890.85 APRIL 042803SUE $25.00 APRIL 043003SUE $7,755.21 APRIL 050703SUE $6,797.88 MAY 051303SUE $371,998.01MAY TOTAL $409,575.25 - 1807- CITY OF MOUND Payments 04/18/03 9:44 AM Page 1 Batch Name WtrBillPostg User Dollar Amt $244.73 Payments Computer Dollar Amt $244.73 $0.00 In Balance Refer MOUND POST OFFICE E 602-49450-322 Postage Cash Payment Invoice Cash Payment Invoice Transaction Date E 601-49400-322 Postage Utility Billing Postage-April 2003 Utility Billing Postage-April 2003 $122.37 $122.36 4/18/2003 Wells Fargo 10100 Total Fund Summary 10100 Wells Fargo 601 WATER FUND $122.36 602 SEWER FUND $122.37 $244.73 $244.73 Pre-Written Check $0.00 Checks to be Generated by the Compute $244.73 Total $244.73 - 1808- CITY OF MOUND Payments 04/16/03 2:27 PM Page 1 Current Period: April 2003 Batch Name 041603SUE User Dollar Amt $973.73 Payments Computer Dollar Amt $973.73 Refer 41603 Cash Payment Invoice 041603 Cash Payment Invoice 041603 Cash Payment Invoice 041603 Cash Payment Invoice 041603 Cash Payment Invoice 041603 Cash Payment Invoice 041603 Cash Payment Invoice 041603 Cash Payment Invoice 041603 Transaction Date ANDOVER, CITY' OF E 101-41500-434 Conference & Training $0.00 In Balance 04-30-03 MUNICIPALS SCHWALBE $30.00 E 10%41500-434 Conference & Training 04-30-03 MUNICIPALS ROBERTS $30.00 E 101-43100-434 Conference & Training 04-30-03 MUNICIPALS NELSON $10.00 E 601-49400-434 Conference & Training 04-30-03 MUNICIPALS NELSON $1o.o0 E 602-49450-434 Conference & Training 04-30-03 MUNICIPALS NELSON $10.00 E 101-42400-434 Conference & Training 04-30-03 MUNICIPALS NORLANDER $30.00 E 609-49750-434 Conference & Training 04-30-03 MUNICIPALS GRAND $30.00 E 609-49750-434 Conference & Training 04~30-03 MUNICIPALS LUEDKE $30.00 4/15/2003 Wells Fargo 10100 Total $t80.00 Refer 41603 CARVER COUNTY COURTHOUSE Cash Payment G 101-22801 Deposits/Escrow #02010202 WARRANT MONEY $200.00 Invoice 041603 Transaction Date 4/15/2003 Wells Fargo 10100 Total $200.00 Refer 41603 CITGO GASOLINE COMPANY Cash Payment E 101-43100-212 Motor Fuels 03-31-03 GASOLINE CHARGES $12.13 Invoice 042503 Cash Payment E 601-49400-212 Motor Fuels 03-31-03 GASOLINE CHARGES $12.13 Invoice 042503 Cash Payment E 602-49450-212 Motor Fuels 03-31-03 GASOLINE CHARGES $12.14 Invoice 042503 Transaction Date 4/10/2003 Wells Fargo 10100 Total $36.40 Refer 41603 DRIVER AND VEHICLE SERVICES Cash Payment E 101-42400-438 Licenses and Taxes TRANSFER VEHICLE $22.00 Invoice 041603 Transaction Date 4/15/2003 Wells Fargo 10100 Total $22.00 Refer 41603 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-45200-321 Telephone & Cells 03-03 472-0646 $19.36 Invoice 041603 Transaction Date 4/15/2003 Wells Fargo 10100 Total $19.36 Refer 41603 HENNEPIN COUNTY TREASURER Cash Payment E 455-46381-300 Professional Srvs 14-117-24-41-0078 PROPERTY TAX $1.30 Invoice 0401603 Cash Payment E 455-46381-300 Professional Srvs 14-117-24-41-0079 PROPERTY TAX $1.30 Invoice 0401603 - 1809- CITY OF MOUND Payments 04/16/03 2:27 PM Page 2 Transaction Date 4/16/2003 Wells Fargo 10100 Total $2.60 Refer 42203 SCOTT COUNTY COURTHOUSE Cash Payment G 101-22801 Deposits/Escrow #200300145 WARRANT MONEY $418.00 Invoice 041603 Transaction Date 4/15/2003 Wells Fargo 10100 Total $418.00 Refer 41603 VERIZON WIRELESS Cash Payment E 101-41500-321 Telephone & Cells 04-03 296-9058 BUSINARO $8.39 Invoice 041603 Cash Payment $25.85 Invoice 041603 Cash Payment $25.85 Invoice 041603 Cash Payment $25.85 Invoice 041603 Cash Payment $0.48 Invoice 041603 Cash Payment $0,48 Invoice 041603 Cash Payment $0.48 Invoice 041603 Payment $7.99 041603 Transaction Date 4/16/2003 Wells Fargo 10100 Total $95.37 Fund Summary E 101-43100-321 Telephone & Cells E 601-49400-321 Telephone & Cells E 602-49450-321 Telephone & Cells E 222-42260-321 Telephone & Cells E 222-42260-321 Telephone & Cells E 222-42260-321 Telephone & Cells E 222-42260-321 Telephone & Cells 04-03 590-4351 P/W SKINNER 04-03 590-4351 PNV SKINNER 04-03 590-4351 P/W SKINNER 04-03 723-7560 MOUND FIRE 04-03 751-3572 ENGINE #18 04-03 751-3573 MOUND FIRE 04-03 875-4502 RESCUE TRUCK 10100 Wells Fargo 101 GENERAL FUND $805.73 222 AREA FIRE SERVICES $9.43 455 TIF 1-2 $2.60 601 WATER FUND $47.98 602 SEWER FUND $47.99 609 MUNICIPAL LIQUOR FUND $60.00 $973.73 Pre-Written Check $0.00 Checks to be Generated by the Compute $973.73 Total $973.73 -1810- CITY OF MOUND Payments 04/23/03 10:21 AM Page 1 Current Period: April 2003 Batch Name 042103SUE User Dollar Amt $19,889.84 Payments Computer Dollar Amt $19,889.84 $0.00 In Balance Refer 42103 HINCKLEYCHEVROLET Cash Payment E 101-42110-500 Capital Outlay (GENERA SQUAD 9C1 SEDAN $17,438.90 Invoice 042103 PO 17588 Transaction Date 4/21/2003 Wells Fargo 10100 Total $17,438.90 Refer 42103 MINNESOTA DEPT OF HEALTH Cash Payment R 601-37170 State fee - Water SHORT OF 1ST QTR $99.00 Invoice 042103 Transaction Date 4/21/2003 Wells Fargo 10100 Total $99.00 Refer 42103 NICCUM, DANIEL Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $63.46 Invoice 042103 Transaction Date 4/21/2003 Wells Fargo 10100 Total $63.46 Refer 42103 ROBERTS, COLLETTE Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $642.48 Invoice 042103 Cash Payment G 101-21716 Flex Plan Dependents REIMBURSE DEPENDENT CARE $1,536.00 Invoice 042103 Transaction Date 4/21/2003 Wells Fargo 10100 Total $2,178.48 Refer 42103 SKINNER, GREG Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $110.00 Invoice 042103 Transaction Date 4/21/2003 Wells Fargo 10100 Total $110.00 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $19,790.84 601 WATER FUND $99.00 $19,889.84 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $19,889,84 $19,889.84 -1811 - CITY OF MOUND Payments 04/28/03 10:03 AM Page 1 Current Period: April 2003 Batch Name 042303SUE User Dollar Amt $1,890.85 Payments Computer Dollar Amt $1,890.85 Refer 42303 HENNEPIN COUNTY TREASURER Cash Payment E 354-43140-300 Professional Srvs Invoice 042303 Cash Payment E 455-46380-300 Professional Srvs Invoice 042303 Transaction Date 4/28/2003 $0.00 2002 TIF ADMIN 1-1 2002 TIF ADMIN 1-2 In Balance $431.70 $684.87 Wells Fargo 10100 Total $1,116.57 Refer 42303 JESSEN PRESS INCORPORA TED Cash Payment E 101-41110-300 Professional Srvs SPRING 2003 NEWSLETTER $716.67 Invoice 042303 Transaction Date 4/28/2003 Wells Fargo 10100 Total $716.67 Refer 42303 SKINNER, GREG Cash Payment G 101-21715 Flex Plan Medical REFUND MEDICAL EXPENSE $57.61 Invoice 042303 Transaction Date 4/28/2003 Wells Fargo 10100 Total $57.61 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $774.28 354 Commerce Place Tif 1-1 $431.70 455 TIF 1-2 $684.87 $1,890.85 Pre-Written Check $0.00 Checks to be Generated by the Compute $1,890.85 Total $1,890.85 -1812- CITY OF MOUND Payments 04/28/03 1:57 PM Page 1 Current Period: April 2003 Batch Name 042803SUE User Dollar Amt $25.00 Payments Computer Dollar Amt $25.00 $0.00 Cash Payment E 101-41310-430 Miscellaneous BUY A BRICK INSERT $25.00 Invoice 042803 Refer 42803 CHAMBER OF COMMERCE, LAKE In Balance Transaction Date 4/28/2003 Wells Fargo 10100 Total $25.00 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $25.00 $25.00 Pre-Written Check $0.00 Checks to be Generated by the Compute $25.00 Total $25.00 -1813- CITY OF MOUND Payments 05/02/03 11:30 AM Page 1 Batch Name 043003SUE User Dollar Amt Payments Computer Dollar Amt Refer 43003 FRONTIER/CITIZENS COMMUNICA Cash Payment Invoice 043003 Transaction Date E 496-46580-300 Professional Srvs 5/1/2003 $7,755.21 $7,755.21 $0.oo In Balance PUBLIC SAFETY BUILDING Wells Fargo 10100 $665.00 Total $665.00 Refer 43003 HENNEPIN COUNTY TREASURER Cash Payment G 101-22801 Deposits/Escrow MORTGAGE SATISFACTION #24-117-24-12- $6,420.60 0011 Invoice 043003 Transaction Date 5/1/2003 Wells Fargo 10100 Total $6,420.60 Refer 43003 NEXTEL COMMUNICATIONS (FIRE Cash Payment E 222-42260-321 Telephone & Cells 03-19-03 THRU 04-19-03 292-0150 $39.23 Invoice 043003 Cash Payment E 222-42260-321 Telephone & Cells 03-19-03 THRU 04-19-03 292-0502 $47.06 Invoice 043003 Transaction Date 5/2/2003 Wells Fargo 10100 Total $86.29 Refer 43003 SKINNER, GREG Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $110.00 Invoice 043003 Transaction Date 4/29/2003 Wells Fargo 10100 Total $110.00 Refer 43003 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE $473.32 Invoice 69961 Transaction Date 5/1/2003 Wells Fargo 10100 Total $473.32 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 496 HRA PUBLIC SAFETY BLDG 609 MUNICIPAL LIQUOR FUND 10100 Wells Fargo $6,530.60 $86.29 $665.00 $473.32 $7,755.21 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $7,755.21 $7,755.21 -1814- CITY OF MOUND Payments 05/07/03 3:53 PM Page Batch Name 050703SUE Payments User Dollar Amt $6,797.88 Computer Dollar Amt $6,797.88 $0.00 In Balance Refer 50703 AT&T Cash Payment Invoice 050703 Transaction Date E 101-41310-321 Telephone & Cells 5/5/2003 04~03 952-250-0429 Wells Fargo $37.78 10100 Total $37.78 Refer 50703 CENTERPOINT ENERGY (MINNEG Cash Payment E 601-49400-400 Repairs & Maint Contract 2116 FERN LANE $1,238.90 invoice DSD156 Transaction Date 5/1/2003 Wells Fargo 10100 Total $1,238.90 Refer 50703 HENNEPIN COUNTY TREASURER Cash Payment E 455-46380-300 Professional Srvs PERMIT DEMO LONGPRE BLDG $50.00 Invoice 050703 Transaction Date 5/7/2003 Wells Fargo 10100 Total $50.00 Refer 50703 PEDERSON, GREG Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $779.40 Invoice 050703 Transaction Date 5/6/2003 Wells Fargo 10100 Total $779.40 Refer 50703 SKINNER, GREG Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $582.17 Invoice 050703 Transaction Date 5/6/2003 Wells Fargo 10100 Total $582.17 Refer 50703 SPEEDWAY SUPERAMERICA (FIR Cash Payment E 222-42260-212 Motor Fuels THRU 04-26-03 GASOLINE CHARGES $203.14 Invoice 050703 Transaction Date 5/5/2003 Wells Fargo 10100 Total $203.14 Refer 50703 SPEEDWA Y SUPERAMERICA (P/W E 101-43100-212 Motor Fuels GASOLINE CHARGES THRU 04-26-03 $596.11 Cash Payment Invoice 050703 Cash Payment Invoice 050703 Cash Payment Invoice 050703 Cash Payment Invoice 050703 Transaction Date E 601-49400-212 Motor Fuels GASOLINE CHARGES THRU 04-26-03 $765.22 E 602-49450-212 Motor Fuels GASOLINE CHARGES THRU 04-26-03 $340.55 E 101-42400-212 Motor Fuels GASOLINE CHARGES THRU 04-26-03 $28.99 4/29/2003 Wells Fargo 10100 Total $1,730.87 Refer 50703 SPEEDWA Y SUPERAMERICA (PAR _ Cash Payment E 101-45200-212 Motor Fuels GASOLINE CHARGES THRU 04-26-03 $107.20 Invoice 050703 Cash Payment E 101-42400-212 Motor Fuels GASOLINE CHARGES THRU 04-26-03 $38.68 Invoice 050703 Transaction Date 5/1/2003 Wells Fargo 10100 Total $145.88 Refer 50703 SPEEDWAY SUPERAMERICA (POL -1815- CITY OF MOUND Payments 05/07/03 3:53 PM Page 2 Cash Payment E 101-42110-212 Motor Fuels GASOLINE CHARGES THRU 04-26-03 $1,223.60 Invoice 050703 Transaction Date 5/1/2003 Wells Fargo 10100 Total $1,223.60 Refer 50703 VAST INNOVATIONS Cash Payment E 222-42260-430 Miscellaneous TRUCK DECALS Invoice 050703 Transaction Date 5/5/2003 Wells Fargo 10100 Refer 50703 XCEL ENERGY Cash Payment E 609-49750-381 Electdc Utilities 03-19-03 THRU 04-17-03 Invoice 050703 Transaction Date 5/7/2003 Wells Fargo 10100 Total $384.40 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 455 TIF 1-2 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 10100 Wells Fargo $3,393.93 $624.88 $5O.OO $2,004.12 $340.55 $384.40 $6,797.88 $421.74 Total $421.74 $384.40 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $6,797.88 $6,797.88 -1816- CITY OF MOUND Payments 05/08/03 9:13 AM Page 1 Current Period: May 2003 Batch Name 051303SUE User Dollar Amt $371,998.01 Payments Computer Dollar Amt $371,998.01 $0.00 In Balance Refer 51303 A+ CLEANING CONTRACTORS, IN Cash Payment E 609-49750-460 Janitorial Services 04-03 CLEANING SERVICE $304.59 Invoice 9039 Cash Payment E 101-41910-460 Janitorial Services 05-03 CLEANING SERVICE $1,864.82 Invoice 9053 Transaction Date 5/7/2003 Wells Fargo 10100 Total $2,169.41 Refer 51303 A-1 RENTAL OF LAKE MINNETONK Cash Payment E 496-46580-300 Professional Srvs FURNITURE HAULING $103.62 Invoice 0106268 Transaction Date 5/7/2003 Wells Fargo 10100 Total $103.62 Refer 51303 ADAMS, JENNIFER Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND $250.00 Invoice 051303 Cash Payment R 281-34705 LMCD Fees 2003 LMCD REFUND $7.50 Invoice 051303 Transaction Date 4/17/2003 Wells Fargo 10100 Total $257.50 Refer 51303 ALPHA VIDEO AND AUDIO, INCOR Cash Payment E 101-41910-220 Repair/Maint Supply CYLINDRIC $12.21 invoice INV50287 Transaction Date 4/28/2003 Wells Fargo 10100 Total $12.21 Refer 51303 AMCON Cash Payment E 496-46580-300 Professional Srvs 04-03 PUBLIC SAFETY BUILDING $11,891.92 Invoice 2463 Transaction Date 5/7/2003 Wells Fargo 10100 Total $11,891.92 Refer 51303 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $154.20 Invoice 463312612 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $230.32 Invoice 463312015 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $60.04 Invoice DC311211 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $86.52 Invoice DC310614 Transaction Date 5/7/2003 Wells Fargo 10100 Total $531.08 Refer 51303 ASPEN EMBROIDERY AND DESIG Cash Payment E 609-49750-218 Clothing and Uniforms UNIFORMS $670.50 Invoice 052503 Cash Payment E 101-42110-218 Clothing and Uniforms UNIFORM SHIRTS $254.00 Invoice 051303 PO 17789 Transaction Date 4/28/2003 Wells Fargo 10100 Total $924.50 Refer 51303 ASSURED SECURITY Cash Payment E 101-41910-220 Repair/Maint Supply KEY CUT $11.40 Invoice 31168 -1817- CITY OF MOUND Payments 05/08/03 9:13 AM Page 2 Current Period: May 2003 Transaction Date 5/7/2003 Wells Fargo t0100 Total $11.40 Refer 51303 BANYON DATA SYSTEMS Cash Payment E 101-41920-400 Repairs & Maint Contract UB MODULE $207.68 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $207.68 Refer 51303 BAUER, RUTH Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND $250.00 Invoice 051303 Transaction Date 4/17/2003 Wells Fargo 10100 Total $250.00 Refer 51303 BAYSIDEFLORAL Cash Payment E 101-42110-430 Miscellaneous FUNERAL ARRANGEMENT $52.60 Invoice 051303 Transaction Date 4/22/2003 Wells Fargo 10100 Total $52.60 Refer 51303 BEADLE, ROBERT R 281-34725 Dock Permits 2003 DOCK REFUND $250.00 Cash Payment Invoice 051303 Cash Payment Invoice 051303 Transaction Date R 281-34705 LMCD Fees 2003 LMCD REFUND $7.50 4/22/2003 Wells Fargo 10100 Total $257.50 51303 BELIVEAU, TIM Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND $250.00 Invoice 051303 Transaction Date 4/17/2003 Wells Fargo 10100 Total $250.00 Refer 51303 BELLBO¥CORPORATION Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $102.22 Invoice 36980500 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $14.26 Invoice 36933800 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $83.89 Invoice 36918700 Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $171.86 Invoice 36864200 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,261.85 Invoice 26320400 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $188.00 Invoice 26291900 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,089.81 Invoice 26264000 Cash Payment E 609-49750-253 Wine For Resale LIQUOR $491.75 Invoice 26227400 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,175.60 Invoice 269205000 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $280.40 Invoice 26199000 Date 5/7/2003 Wells Fargo 10100 Total $5,859.64 Refer 51303 BFI OF MINNESOTA, INC. -1818- CITY OF MOUND Payments 05/08/03 9:13 AM Page 3 Current Period: May 2003 Cash Payment E 101-43100-384 Refuse/Garbage Dispos 04-03 GARBAGE MAIN STREET $20.39 Invoice 1-0029-8003972- Cash Payment E 609-49750-384 Refuse/Garbage Dispos 04-03 GARBAGE SERVICE $17.76 Invoice 1-0429-8003972- Cash Payment E 101-43100-384 Refuse/Garbage Dispos 04-03 GARBAGE SERVICE $73.74 Invoice 1-0429-8003972- Cash Payment E 601-49400-384 Refuse/Garbage Dispos 04-03 GARBAGE SERVICE $73.74 Invoice 1-0429-8003972- Cash Payment E 602-49450-384 Refuse/Garbage Dispos 04-03 GARBAGE SERVICE $73.75 Invoice 1~0429-8003972- Cash Payment E 222-42260-384 Refuse/Garbage Dispos 04-03 GARBAGE SERVICE $67.01 Invoice 1-0029-8003972- Cash Payment E 101-45200-384 Refuse/Garbage Dispos 04-03 GARBAGE SERVICE $80.22 Invoice 1-0429-8003972- Transaction Date 5/7/2003 Wells Fargo 10100 Total $406.61 Refer 51303 BOYER TRUCK PARTS Cash Payment E 101-43100-404 Repairs/Maint Machinery FUELTANK $646.08 Invoice 200444R PO 17754 Transaction Date 4/22/2003 Wells Fargo 10100 Total $646.08 Refer 51303 BUILDING OFFICIALS MINNESOTA Cash Payment E 101-42400-434 Conference & Training 06~19-03 SEMINAR $60.00 Invoice 051303 PO 17733 Transa~ction Date 5/1/2003 Wells Fargo 10100 Total $60.00 Refer 51303 BULLOCK, THOMAS Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND $250.00 Invoice 051303 Transaction Date 4/17/2003 Wells Fargo 10100 Total $250.00 Refer 51303 CENTERPOINT ENERGY (MINNEG Cash Payment E 609-49750-383 Gas Utilities 03-19-03 THRU 04-17-03 $384.40 Invoice 051303 Transaction Date 5/5/2003 Wells Fargo 10100 Total $384.40 Refer 51303 CHADWICK AND MER TZ Cash Payment E 101-41600-304 Legal Fees 04-03 PROFESSIONAL SERVICES $6,185.70 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $6,185.70 Refer 51303 CHAMPION AUTO Cash Payment E 101-45200-220 Repair/Maint Supply TRACTOR/UTILITY $37.26 Invoice D189420 Cash Payment E 601-49400-220 Repair/Maint Supply OIL FILTER $35.07 Invoice D190165 Transaction Date 4/22/2003 Wells Fargo 10100 Total $72.33 Refer 51303 COCA COLA BOTTLING-MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $654.24 Invoice 61318303 Transaction Date 5/7~2003 Wells Fargo 10100 Total $654.24 Refer 51303 CONCRETE CUTTING AND CORIN -1819- CITY OF MOUND Payments O5/OBIO3 9:1~ AM Page 4 Cash Payment E 601-49400-221 Equipment Parts RED PUMP PARTS $61.39 Invoice 21000 PO 17757 Cash Payment E 602-49450-221 Equipment Parts RED PUMP PARTS $61.39 Invoice 21000 PO 17757 Transaction Date 4/22/2003 Wells Fargo 10100 Total $122.78 Refer 51303 COPY IMAGES, INCORPORATED Cash Payment E 101-41910-400 Repairs & Maint Contract 03-03 COPY MAINTENANCE $340.80 Invoice 34117 Transaction Date 4/22/2003 Wells Fargo 10100 Total $340.80 Refer 51303 CRETE WORKS, INCORPORATED Cash Payment E 101-43100-440 Other Contractual Servic CURS AND APRONS $3,240.00 Invoice 051303 Cash Payment E 101-43100-440 Other Contractual Servic SIDEWALK $680.00 Invoice 051303 Transaction Date 5/1/2003 Wells Fargo 10100 Total $3,920.00 Refer 7201 DA Y DISTRIBUTING COMPANY Cash Payment BEER $18.40 Invoice 218087 Cash Payment BEER $2,471.15 Invoice 218077 Payment BEER $33.80 Invoice 217128 Cash Payment BEER $1,846.30 Invoice 217117 Cash Payment BEER $1,138.25 Invoice 216241 Cash Payment BEER $1,323.20 Invoice 207394 Cash Payment BEER $547.80 Invoice 208098 Transaction Date 5/7/2003 Wells Fargo 10100 Total $7,378.90 Refer 51303 E-Z RECYCLING Cash Payment E 670-49500-440 Other Contractual Servic 04-03 CURBSIDE RECYCLING $8,075.25 Invoice 5104 Transaction Date 5/7/2003 Wells Fargo 10100 Total $8,075.25 Refer 7202 EAST SIDE BEVERAGE E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale Cash Payment E 609-49750-252 Beer For Resale BEER $12.10 Invoice 392742 Cash Payment E 609-49750-252 Beer For Resale BEER $2,299.15 Invoice 392741 Cash Payment E 609-49750-252 Beer For Resale BEER $118.50 Invoice 391694 Cash Payment E 609-49750-252 Beer For Resale BEER $20.80 Invoice 391022 Payment E 609-49750-252 Beer For Resale BEER $3,050.75 390121 Cash Payment E 609-49750-252 Beer For Resale BEER $148.00 Invoice 388512 - 1820- CITY OF MOUND Payments 05/08/03 9:13 AM Page 5 Current Period: May 2003 Cash Payment E 609-49750-252 Beer For Resale BEER $6,023.50 Invoice 387223 Cash Payment E 609-49750-252 Beer For Resale BEER $254.50 Invoice 385244 Cash Payment E 609-49750~252 Beer For Resale BEER $6,170.90 Invoice 372838 Cash Payment E 609-49750~252 Beer For Resale BEER $79.00 Invoice 368491 Transaction Date 5/7/2003 Wells Fargo 10100 Total $18,177.20 Refer 51303 EMMONS AND OLIVIER RESOURC Cash Payment E 601-49400-500 Capital Outlay (GENERA THRU 03-31-30 NEW WELL $3,068.60 Invoice 126-01-0303 Transaction Date 5/5/2003 Wells Fargo 10100 Total $3,068.60 Refer 51303 ESS BROTHERS AND SONS, INCO Cash Payment E 675-49425-220 Repair/Maint Supply MANHOLE CASTINGS $504.81 Invoice FF1096 PO 17756 Transaction Date 5/5/2003 Wells Fargo 10100 Total $504.81 Refer 51303 FIRE MARSHALL, STATE OF MN Cash Payment E 222-42260-433 Dues and Subscriptions FIRE CODE AMENDMENTS $10.00 Invoice 051303 Transaction Date 4/28/2003 Wells Fargo 10100 Total $10.00 Refer 51303 FRONTLINE PLUS FIRE AND RESC Cash Payment E 222-42260-210 Operating Supplies GATE VALVE, ETC $1,247.00 Invoice 8545 PO 17635 Cash~Payment E 222-42260-210 Operating Supplies WAY BALL VALVE $815.61 Invoice 8559 PO 17635 Cash Payment E 222-42260-210 Operating Supplies HYDRANT WRENCH $544.00 Invoice 8567 PO 17635 Cash Payment E 222-42260-210 Operating Supplies FIRE HOSE $6,372.00 Invoice 8582 PO 17635 Transaction Date 5/6/2003 Wells Fargo 10100 Total $8,978.61 Refer 51303 G & K SERVICES Cash Payment E 101-43100-218 Clothing and Uniforms 04-15-03 UNIFORMS $40.82 Invoice 544984 Cash Payment E 601-49400-218 Clothing and Uniforms 04-15-03 UNIFORMS $40.82 invoice 544984 Cash Payment E 602-49450-218 Clothing and Uniforms 04-15-03 UNIFORMS $40.83 Invoice 544984 Cash Payment E 101-43100-230 Shop Materials 04-15-03 MATS $26.11 Invoice 544984 Cash Payment E 601-49400-230 Shop Materials 04-15-03 MATS $26.11 Invoice 544984 Cash Payment E 602-49450-230 Shop Materials 04-15-03 MATS $26.11 Invoice 544984 Cash Payment E 222-42260-216 Cleaning Supplies 04-29-03 MATS $51.42 Invoice 558721 Cash Payment E 101-45200-223 Building Repair Supplies 04-29-03 MATS $56.45 Invoice 558720 - 1821 - CITY OF MOUND Payments 9:13 AM Page 6 Cash Payment 04-29-03 MATS $77.16 Invoice 558722 Cash Payment 04-29-03 MATS $40.03 Invoice 558719 Cash Payment 04-29-03 UNIFORMS $30.15 Invoice 558723 Cash Payment 04-29-03 UNIFORMS $30.15 invoice 558723 Cash Payment 04-29-03 UNIFORMS $30.16 Invoice 558723 Cash Payment 04-29-03 MATS $27.14 Invoice 558723 Cash Payment 04-29-03 MATS $27.14 Invoice 558723 Cash Payment 04-29-03 MATS $27.14 Invoice 558723 Cash Payment 04-22-03 UNIFORMS $27.00 Invoice 551797 Cash Payment 04-22-03 UNIFORMS $27.00 Invoice 551797 Cash Payment 04-22-03 UNIFORMS $27.00 Invoice 551797 Payment 04-22-03 MATS $23.62 Invoice 551797 Cash Payment 04-22-03 MATS $23.62 Invoice 551797 Cash Payment 04-22-03 MATS $23.62 Invoice 551797 Transaction Date 5/7/2003 Wells Fargo 10100 Total $749.60 Refer 51303 GARY'S DIESEL SERVICE E 101-43100-404 Repairs/Maint Machinery PRESSURE PROTECTION E 101-41910-460 Janitorial Services E 609-49750-460 Janitorial Services E 101-43100-218 Clothing and Uniforms E 601-49400-218 Clothing and Uniforms E 602-49450-218 Clothing and Uniforms E 101-43100-230 Shop Materials E 601-49400-230 Shop Materials E 602-49450-230 Shop Materials E 101-43100-218 Clothing and Uniforms E 601-49400-218 Clothing and Uniforms E 602-49450-218 Clothing and Uniforms E 101-43100-230 Shop Materials E 601-49400-230 Shop Materials E 602-49450-230 Shop Materials Cash Payment $16.22 Invoice 59291 Cash Payment E 101-43100-404 Repairs/Maint Machinery TIE ROD $31.22 Invoice 59317 Cash Payment E 101-43100-404 Repairs/Maint Machinery FILLING $30.03 Invoice 59325 Transaction Date 5/5/2003 Wells Fargo 10100 Total $77.47 Refer 51303 GLENWOOD INGLEWOOD Cash Payment E 101-43100-210 Operating Supplies 04-03 WATER #5158502 $13.77 Invoice 051303 Cash Payment E 601-49400-210 Operating Supplies 04-03 WATER #5158502 $13.77 Invoice 051303 Cash Payment E 602-49450-210 Operating Supplies 04-03 WATER #5158502 $13.76 Invoice 051303 Cash Payment E 101-42110-210 Operating Supplies 04-03 WATER #5158500 $98.40 Invoice 051303 Payment E 101-41910-210 Operating Supplies 04-03 WATER #5158501 $58.24 Invoice 051303 - 1822- CITY OF MOUND Payments 05/08/03 9:13 AM Page 7 Cash Payment E 222-42260-210 Operating Supplies 04-03 WATER #32345800 $65.43 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $263.37 Refer 51303 GRAPE BEGINNINGS, INCORPOR Cash Payment E 609-49750-253 Wine For Resale WINE $2,176.00 Invoice 52739 Transaction Date 5/7/2003 Wells Fargo 10100 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$24.68 Invoice 611818 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$491.70 Invoice 612278 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$8.22 Invoice 612244 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,609.55 Invoice 708139 Cash Payment E 609-49750-253 Wine For Resale WINE $324.00 Invoice 708227 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,558.79 Invoice 707498 Cash Payment E 609-49750-253 Wine For Resale WINE $108.16 Invoice 707495 Cash Payment E 609-49750-253 Wine For Resale WINE $154.00 Invoice 707295 Cash Payment E 609-49750-253 Wine For Resale WINE $68.40 Invoice 704825 Cash Payment E 609-49750-253 Wine For Resale WINE $430.22 Invoice 704087 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,380.89 Invoice 704086 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $5,340.98 Invoice 701144 Cash Payment E 609-49750-253 Wine For Resale WINE $1,710.31 Invoice 700985 Cash Payment E 609-49750~251 Liquor For Resale LIQUOR $0.00 Invoice 700798 Transaction Date 5/7/2003 Wells Fargo 10100 Total $16,160.70 Refer 51303 GUSTAFSON, BRUCE Cash Payment E 222-42260-210 Operating Supplies REIMBURSE FILM PROCESSING $12.55 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $12.55 Refer 51303 HATCH, JIM SALES COMPAY Cash Payment E 101-43100-221 Equipment Parts SEGMENT BOLT $1,236,38 Invoice 4670 Transaction Date 5/1/2003 Wells Fargo 10100 Total $1,236.38 Refer 51303 HENNEPIN COUNTY INFORMATIO Cash Payment E 222-42260-418 Other Rentals RADIO LEASE $503~42 Invoice 23048014 - 1823- CITY OF MOUND Payments 05108103 9:13 AM Page 8 Current Period: May 2003 Transaction Date 5/7/2003 Wells Fargo 10100 Total $503.42 Refer 51303 HENNEPIN COUNTY PUBLIC WOR Cash Payment E 601~49400-455 Permits 3RD QTR 2002 UTILITY PERMITS $50.00 Invoice UTIL00282 Transaction Date 5/1/2003 Wells Fargo 10100 Total $50.00 Refer 51303 HENNEPIN COUNTY SHERIFF'S A Cash Payment E 101-42110-440 Other Contractual Servic 2002 RADIO LEASE $5,877.20 Invoice 051303 Transaction Date 5/8/2003 Wells Fargo 10100 Total $5,877.20 Refer 501303 HENNEPIN COUNTY' TREASUR (R Cash Payment E 101-41600-450 Board of Prisoners 03-03 ROOM AND BOARD $1,794.00 Invoice 051303 Transaction Date 5/5/2003 Wells Fargo 10100 Refer 51303 Cash Payment Invoice 051303 Cash Payment Invoice 051303 .~ash Payment 051303 Transaction Date Total $1,794.00 HENNEPIN COUNTY TREASURER E 675-49425-300 Professional Srvs 13-117-24-33-0093 PROP TAX BALBOA LAND $2,040.13 PURCHASE 5115 BARTLETT #24-117-24-12-0011 G 101-22801 Deposits/Escrow E 101-41550-350 Printing 4/28/2003 $6,420,60 2003 HARD COPY PROPERTY TAX $98.92 Wells Fargo 10100 Total $8,559.65 04-12-03 THRU 07-12-03 COPIER MAINTENANCE $36.41 $36.41 $36.41 $155.64 04-12-03THRU 07-12-03COPIER MAINTENANCE Refer 51303 IKON OFFICE MACHINES Cash Payment E 101-43100-202 Duplicating and copying Invoice 23729998 Cash Payment E 601-49400-202 Duplicating and copying Invoice 23729998 Cash Payment E 602-49450-202 Duplicating and copying invoice 23729998 Cash Payment E 101-42110-202 Duplicating and copying Invoice 23729647 Transaction Date 5/5/2003 04-12-03 THRU 07-12-03 COPIER MAINTENANCE 04-24-03 THRU 05-24-03 COPIER MAINTENANCE Wells Fargo 10100 Total $264,87 Refer 51303 INFRATECH _ Cash Payment E 601-49400-210 Operating Supplies PAINT, ORANGE $19.71 Invoice 030348 PO 17763 Cash Payment E 602-49450-210 Operating Supplies PAINT, ORANGE $19.70 Invoice 030348 PO 17763 Transaction Date 5/6/2003 Wells Fargo 10100 Total $39.41 Refer 51303 JAKUBIK, MATTHEW Cash Payment E 222-42260-200 Office Supplies REIMBURSE SUPPLIES $34.03 Invoice 051303 ~nsaction Date 5/7/2003 Wells Fargo 10100 Total $34.03 Refer 51303 JERRY'S TRANSMISSION SERWC - 1824- CITY OF MOUND Payments 05/08/03 9:13 AM Page 9 Current Period: May 2003 Cash Payment E 222-42260-409 Other Equipment Repair VALVE ASSEMBLY $3,096.53 Invoice 0000511-1 Transaction Date 5/7/2003 ~ Wells Fargo 10100 Total $3 096 53 Cash Payment G 101-22808 Adopt A Green Space PLANTER PLANTS $25.41 Invoice 125394 Transaction Date 4/28/2003 Wells Fargo 10100 Total $25.41 Refer 71303 JOHNSON BROTHER; LiQU°R Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$33.28 Invoice 220684 Cash Payment E 609-49750-251 Liquor For Resale CREDIT--LIQUOR -$5.67 Invoice 219378 Cash Payment E 609-49750-251 Liquor For Resale $1,926.25 Invoice 1553064 Cash Payment E 609-49750-251 Liquor For Resale $2,858.95 Invoice 1553063 Cash Payment E 609-49750-253 Wine For Resale $711.30 Invoice 1549926 Cash Payment E 609-49750-253 Wine For Resale $3,037.31 Invoice 1549925 Cash Payment $1,223.32 Invoice 1549924 Cash Payment $570.94 Invoice 1547659 Cash Payment $0.00 Invoice 1547658 Cash Payment E 609-49750-251 Liquor For Resale $26.00 Invoice 1547657 Cash Payment E 609-49750-253 Wine For Resale $0.00 Invoice 220684 Cash Payment E 609-49750-253 Wine For Resale $1,309.05 Invoice 1547656 Cash Payment E 609-49750-251 Liquor For Resale $1,987.43 Invoice 1547655 Transaction Date 5/7/2003 Wells Fargo 10100 Total $13 611 60 Cash Payment E 101-41110-300 Professional Srvs 03-03 WESTPORT AGREEMENT $170.50 LIQUOR LIQUOR WINE WINE E 609-49750-253 Wine For Resale WINE E 609-49750-253 Wine For Resale WINE E 609-49750-254 Soft Drinks/Mix For Rosa MIX LIQUOR LIQUOR WINE LIQUOR 03-03 HRA MEETING 03-03 REDEV PROJECT AREA #1 03-03 LANDFORM DEVELOPMENT 03-03 CHANNEL IMPROVEMENTS 03-03 CTY RD 15 REALIGNMENT $192.50 $434.5O $489.50 $20.49 $2,040.32 Invoice MU195-00001 Cash Payment E 101-41600-300 Professional Srvs Invoice MU195-00001 Cash Payment E 455-46380-300 Professional Srvs Invoice MU195-00002 Cash Payment G 101-22908 Landform Development invoice MU195-00005 Cash Payment E 101-41600-300 Professional Srvs Invoice MU200-00058 Cash Payment E 455-46377-300 Professional Srvs Invoice MU200-00092 - 1825- CITY OF MOUND Payments 05/08/03 9:13 AM Current Period: May 2003 Cash Payment E 101-41600-300 Professional Srvs 03-03 R/W FRANCHISE ORDINANCE $442,74 Invoice MU200-00095 Cash Payment G 101-22891 Kells Lane Vacation, J. Paul 03-03 KELLS ROAD VACATION $197.00 Invoice MU200-00102 Cash Payment G 101-22895 Kells Lane Vacation Jeff Paul 03-03 KELLS ROAD VACATION $197.00 Invoice MU200-00102 Cash Payment E 101-41600-300 Professional Srvs $204.00 Invoice MU200-00105 Cash Payment G 601-16100 Fixed Asset-Land $48.00 Invoice MU200-00106 Cash Payment E 101-41600-314 Legal P/W $678.40 Invoice MU200-00109 Cash Payment E 101-41600-300 Professional Srvs $320.74 Invoice MU200-00110 Cash Payment E 101-41600-300 Professional Srvs $114.40 Invoice MU200-O0111 Cash Payment E 101-41600-300 Professional Srvs $918.00 Invoice MU200-O0001 Cash Payment E 101-41600-300 Professional Srvs $816.00 Invoice MU200-00002 Cash Payment E 101-41600-314 Legal P/W $60.00 Invoice MU200-00004 Payment E 101-41600-316 Legal P & I $362.00 Invoice MU200-O0005 Cash Payment G 101-22917 Three Points Var Becke #03- 03-03 53XX THREE PTS SUB-DIV $1,092.00 Invoice MU200-00005 Cash Payment G 101-22854 Langdon Bay Major Sub-Divi 03-03 LANGDON BAY $150.00 Invoice MU200-O0005 Cash Payment G 101-22918 42XX Lynwood, Coddon, #02 03-03 42XX LYNWOOD,CODDON,03-04 $96.00 Invoice MU200-00005 Cash Payment E 101-41600-318 Legal Parks 03-03 PARK AND RECRATION $274.48 Invoice MU200-00006 Transaction Date 5/7/2003 Wells Fargo 10100 Total $9,318.57 Refer 51303 KLITZKE, AMANDA Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND $~50.00 Invoice 051303 Transaction Date 4/17/2003 Wells Fargo 10100 Total $250.00 Refer 51303 KURTZ, JAMES Cash Payment E 101-42110-212 Motor Fuels REIMBURSE GAS/PARKING $49.66 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $49.66 Refer 51303 KUSTOM SIGNALS Cash Payment E 101-42110-409 Other Equipment Repair BATTERY CHARGER $68.58 Invoice 156835 PO 17792 Transaction Date 4/28/2003 Wells Fargo 10100 Total $68.58 51303 LAKE MINNETONKA CHAMBER CO Cash Payment E 609-49750-340 Advertising HOLE SPONSOR ICE OUT OPEN $150.00 invoice 051303 03-03 DREAMWOOD LAWSUIT 03-03 WELL SITE LAND PURCHASE 03-03 SKAALERUD LOT SURVEY 03-03 ROEGLIN ASSESSMENT APPEAL 03-03 SAGE ASSESSMENT APPLEA 03-03 EXECUTIVE 03-03 ADMINISTRATION 03-03 PUBLIC WORKS 03-03 PLANNING AND ZONING - 1826 - CITY OF MOUND Payments 05/08/03 9:13 AM Page 11 Current Period: May 2003 Transaction Date 5/5/2003 Wells Fargo 10100 Total $150.00 Refer 51303 LAKE RESTORATION, INC. Cash Payment E 675-49425-440 Other Contractual Servic BEACHWOOD POND Invoice 26294 PO 17752 Transaction Date 5/6/2003 Wells Fargo 10100 Cash Payment E 101-42110-351 Legal Notices Publishing 04-26-03 POLICE AUCTION Invoice 603 Cash Payment E 101-41110-351 Legal Notices Publishing 04-26-03 DEMO LONGPRE BLDG Invoice 611 Cash Payment E 101-41110-351 Legal Notices Publishing 03-03 LEGAL NOTICE Invoice Transaction Date 5/1/2003 Wells Fargo 10100 Total $246.76 Refer 51303 LARSON, JOHN Cash Payment E 222-42260-434 Conference & Training 04-12-02 DULUTH FIRE SCHOOL $53.89 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $53.89 $435.78 Total $435.78 $143.28 $67.66 $35.82 Refer 51303 LEAGUE MN CITIES INSURANCE T Cash Payment E 101-41110-361 General Liability Ins OPEN MEETING LAWS $705.00 Invoice 12649 Cash Payment E 609-49750-361 General Liability Ins 02-01-03 THRU 01-02-04 LIQUOR STORE $4,748.00 Invoice 12641 Cash Payment E 101-41110-361 General Liability Ins GEN LIABILITY INSURANCE $2,502.54 Invoice 12648 Cash Payment E 101-41310-361 General Liability Ins GEN LIABILITY INSURANCE $775.39 invoice 12648 Cash Payment E 101~41500-361 General Liability Ins GEN LIABILITY INSURANCE $998.35 Invoice 12648 Cash Payment E 101-41600-361 General Liability Ins GEN LIABILITY INSURANCE $183.03 Invoice 12648 Cash Payment E 101-42110-361 General Liability ins GEN LIABILITY iNSURANCE $5,431.04 Invoice 12648 Cash Payment E 101-42115-361 General Liability Ins GEN LIABILITY INSURANCE $86.52 Invoice 12648 Cash Payment E 101-42400-361 General Liability Ins GEN LIABILITY INSURANCE $998.35 Invoice 12648 Cash Payment E 101-43100-361 General Liability Ins GEN LIABILITY INSURANCE $6,013.41 Invoice 12648 Cash Payment E 101-41910-361 General Liability Ins GEN LIABILITY INSURANCE $402.67 Invoice 12648 Cash Payment E 101-45200-361 General Liability Ins GEN LIABILITY INSURANCE $1,357.76 Invoice 12648 Cash Payment E 222-42260-361 General Liability Ins GEN LIABILITY INSURANCE $7,271.33 Invoice 12648 Cash Payment E 609-49750-361 General Liability Ins GEN LIABILITY INSURANCE $7,770.51 Invoice 12648 Cash Payment E 601-49400-361 General Liability Ins GEN LIABILITY iNSURANCE $5,677.30 Invoice 12648 - 1827- CITY OF MOUND Payments 05108103 9:13 AM Page 12 E 281-45210-361 General Liability Ins GEN LIABILITY INSURANCE Cash Payment Invoice 12648 Cash Payment Invoice 12648 Transaction Date E 602-49450-361 General Liability Ins GEN LIABllLTY INSUPJ~NCE $802.00 $5,677.30 Total $51,400.50 $250.00 $0.00 E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale E 609-49750-252 Beer For Resale Wells Fargo 4/21/2003 10100 Refer 51303 LOPERGALO, RON AND BARBARA Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND Invoice 051303 Cash Payment R 281-34705 LMCD Fees 2003 LMCD FEE Invoice 051303 Transaction Date 4/17/2003 Wells Fargo 10100 Total $250.00 Refer 51303 MADDEN, FRANK AND ASSOCIAT Cash Payment E 101-49999-300 Professional Srvs 04-03 PROFESSIONAL SERVICES $120.30 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $120.30 Refer 51303 MARK VII DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale BEER $3,206.58 Invoice 535399 Cash Payment BEER $101.90 nvoice 532683 ash Payment BEER $74.10 Invoice 532882 Cash Payment BEER $5,578.00 Invoice 532881 Cash Payment BEER $34.90 Invoice 530367 Cash Payment BEER $4,564.20 Invoice 530366 Transaction Date 5/7/2003 Wells Fargo 10100 Total $13,559.68 Refer 51303 MARLIN'S TRUCKING DELIVERY E 609-49750-265 Freight Cash Payment 04-03-03 DELIVERY CHARGE $261.90 Invoice 12233 Cash Payment E 609-49750-265 Freight 04-07-03 DELIVERY CHARGE $9.90 Invoice 12245 Cash Payment E 609-49750-265 Freight 04-10-03 DELIVERY CHARGE $201.60 Invoice 12518 Cash Payment E 609-49750-265 Freight 04-14-03 DELIVERY CHARGE $18.90 Invoice 12528 Transaction Date 5/7/2003 Wells Fargo 10100 Total $492.30 Refer 51303 MCFOA Cash Payment E 101-41500-434 Conference & Training 2003-2004 MEMBERSHIP DUES $35.00 Invoice 051303 PO 17762 Transaction Date 5/1/2003 Wells Fargo 10100 Total $35.00 Refer 51303 MELLESMOEN, GREG Payment R 281-36200 Miscellaneous Revenues REFUND STAIRWAY $50.00 Invoice 051303 - 1828- CITY OF MOUND Payments 05/08/03 9:13 AM Page 13 Current Period: May 2003 Cash Payment R 281-34705 LMCD Fees 2003 LMCD REFUND -$3.75 Invoice 051303 Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND $132.50 Invoice 051303 Transaction Date 5/8/2003 Wells Fargo 10100 Total $178.75 Refer 51303 METRO FIRE Cash Payment E 222-42260-210 Operating Supplies ELECTRIC FAN $1,183.03 Invoice 13108 Cash Payment E 222-42260-210 Operating Supplies EXTINGUISHER W/MOUNT $733.56 Invoice 13058 Cash Payment E 222-42260-210 Operating Supplies TOOL W/BRACKET $463.40 Invoice 13057 Cash Payment E 222-42260-210 Operating Supplies MOUNTING BRACKET $32.40 Invoice 13056 Cash Payment E 222-42260-210 Operating Supplies PINCH POINT BAR $97.98 Invoice 13054 Cash Payment E 222-42260-210 Operating Supplies SHOVEL $42.83 Invoice 13055 Cash Payment E 222-42260-210 Operating Supplies MOUNTING PLATE $372.53 Invoice 13060 Cash Payment E 222-42260-210 Operating Supplies HOSE CLAMP $352.99 Invoice 13059 Transaction Date 5/5/2003 Wells Fargo 10100 Total $3,278.72 Refer 51303 METRO WEST INSPECTIONS Cash Payment E 222-42260-300 Professional Srvs 03-03 INSPECTIONS $271.25 Invoice 051303 Cash Payment E 222-42260-300 Professional Srvs 04-03 INSPECTIONS $131.25 invoice 051303 Transaction Date 4/28/2003 Wells Fargo 10100 Total $402.50 Refer 51303 METROPOLITAN AREA MANAGEM Cash Payment E 101-41310-431 Meeting Expense 04-18-03 MAMA LUNCHEON $18.00 Invoice 646 Transaction Date 4/21/2003 Wells Fargo 10100 Total $18.00 Cash Payment G 602-21825 SAC Deposits 04-03 SAC CHARGES $17,671.50 Invoice 051303 Transaction Date 5/6/2003 Cash Payment E 101-42110-200 Office Supplies LABELS $134.84 Invoice 38300 Transaction Date 4/28/2003 Wells Fargo 10100 Total $134.64 Refer 51303 MID AMERICAN SPECIALITIES Cash Payment E 222-42260-210 Operating Supplies LAPEL PINS $67.51 Invoice INV565847 Transaction Date 5/7/2003 Wells Fargo 10100 Total Refer 51303 MINNCOMM PAGING - 1829- CITY OF MOUND Payments 05/08/03 9:13 AM Page 14 Current Period: May 2003 Cash Payment E 222-42260-325 Pagers-Fire Dept. 05-03 PAGERS $109.68 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $109.68 Refer 51303 MINNEHAHA BUILDING MAINTENA Cash Payment E 609-49750-401 Repairs/Maint Buildings WINDOW WASH $35.00 Invoice 051303 Transaction Date 5/5/2003 Wells Fargo 10100 Total $35.00 Refer 51303 MINNESOTA MUNICIPAL BEVERA Cash Payment E 609-49750-434 Conference & Training STAFF TRAINING $300.00 Invoice 0513-3 Transaction Date 5/5/2003 Wells Fargo 10100 Total $300.00 Refer 51303 MINNESOTA VALLEY TESTING LA Cash Payment E 601-49400-227 Chemicals Invoice 163343 Transaction Date 4/22/2003 Refer 7133 MOUND CRIME PREVENTION Cash Payment E 609-49750-340 Advertising Invoice 051303 COLIFORM, MF - WATER Wells Fargo 10100 Total CORPORATE HOLE SPONSOR Wells Fargo 10100 Total $72.50 $72.50 $750.00 $750.00 Cash Payment E 895-49990-124 Fire Pens Contrib 04-03 FIRE RELIEF $9,361.66 Invoice 051303 Transaction Date 5/8/2003 Wells Fargo 10100 Total $9,361.66 Refer 51303 MOUND, CITY OF Cash Payment E 609-49750-382 Water Utilities 03-24-30 THRU 03-28-03 $18.23 Invoice 051303 Transaction Date 4/22/2003 Wells Fargo 10100 Total $18.23 Refer 51303 MUZAK- MINNEAPOLIS Cash Payment E 609-49750-440 Other Contractual Servic 04-03 MUSIC SERVICES $82.90 Invoice A377415 Cash Payment E 609-49750-440 Other Contractual Servic 05-03 MUSIC SERVICES $82.90 Invoice A381162 Transaction Date 5~7/2003 Wells Fargo 10100 Total $165.80 Refer 51303 MYERS, TONY Cash Payment E 222-42260-434 Conference & Training REIMBURSE INCIDENT CLASS $522.90 Invoice 051303 Transaction Date 5~7~2003 Wells Fargo 10100 Total $522.90 Refer 51303 NATIONAL WATERWORKS Cash Payment E 601-49400-220 Repair/Maint Supply Invoice 9257413 PO 17505 Cash Payment E 601-49400-220 RepaidMaint Supply Invoice 9296591 Date 4/22/2003 Refer BATTERY FOR AUTO HAND-HELD $133.82 REPAIR LID, ETC $383.41 Wells Fargo 10100 Total $517.23 51303 NELEN, VICKI - 1830- CITY OF MOUND Payments 05/08/03 9:13 AM Page 15 Current Period: May 2003 Cash Payment R 281-34725 Dock Permits Invoice 051303 Transaction Date 4/17/2003 Refer 51303 NEWMAN SIGNS Cash Payment E 101-43100-226 Sign Repair Materials- Invoice TI-0103744 PO 17690 Cash Payment E 101-43100-226 Sign Repair Materials Invoice TI-0104361 Cash Payment E 101-43100-226 Sign Repair Materials Invoice TI-0103903 PO 17690 2003 DOCK REFUND $250.00 Wells Fargo 10100 Total $250.00 POSTS AND CAPS $756.31 EC FILM $171.72 SIGNS $666.85 Transaction Date 5/5/2003 Wells Fargo 10100 Total $1 594.88 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $19.95 Invoice 8004149 Cash Payment E 609-49750-253 Wine For Resale WINE $1,546.00 Invoice 8004148 Cash Payment E 609-49750-253 Wine For Resale WINE $720.00 Invoice 8003875 Cash Payment E 609-49750-253 Wine For Resale WINE $889.15 Invoice 8003161 Cash Payment E 609-49750-253 Wine For Resale WINE $185.00 Invoice 8003610 Transaction Date 5/7/2003 Wells Fargo 10100 Total $3 360 10 Refer 51303 PEDERSON, GREG Cash Payment E 222-42260-210 Operating Supplies REIMBURSE MEAL EXPENSE $25.46 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Tota $25.46 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $236.64 Invoice 46566030 Transaction. Date. 5/7/2003 Wells Fargo 10100 Total $236.64 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$24.00 Invoice 3277396 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR E 609-49750-253 Wine For Resale WINE E 609-49750-253 Wine For Resale WINE E 609-49750-251 Liquor For Resale LIQUOR E 609-49750-253 Wine For Resale WINE $69.50 $75.00 $3,671.90 $1,099.55 $2,355.40 $226.75 $157.30 Invoice 944557 Cash Payment Invoice 944556 Cash Payment Invoice 944555 Cash Payment Invoice 944554 Cash Payment invoice 942348 Cash Payment Invoice 940639 Cash Payment Invoice 940638 E 609-49750-254 Soft Drinks/Mix For Resa MIX E 609-49750-253 Wine For Resale WINE -1831 - CITY OF MOUND Payments Page 16 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $69.75 Invoice 940637 Transaction Date 5/7/2003 Wells Fargo 10100 Total $7,701.15 Refer 51303 PINNACLE DISTRIBUTING Cash Payment E 609-49750-255 Misc Merchandise For R CIGARE'I-I'ES $334.01 Invoice 15598 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $394.70 Invoice 14494 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $734.67 Invoice 15170 Transaction Date 5/7/2003 Wells Fargo 10100 Total $1,463.38 Refer 51303 PLUNKETT'S, INCORPORATED Cash Payment E 101-41910-440 Other Contractual Servic APR,MAY,JUNE PEST CONTROL $95.84 Invoice 811826 Transaction Date 5/5/2003 Wells Fargo 10100 Total $95.84 Refer 51303 PORTER, TOM Cash Payment R 281-34725 Dock Permits REFUND DOCK FEE $250.00 invoice 051303 Cash Payment R 281-34705 LMCD Fees REFUND LMCD FEE $15.00 051303 ransaction Date 5/5/2003 Wells Fargo 10100 Total $265.00 Refer 51303 PROTECTION ONE Cash Payment E 101-41910-440 Other Contractual Servic 05-01-03 THRU 07-31-03 FIRE MONITORING $142.80 Invoice 041503 Cash Payment E 101-43100-440 Other Contractual Servic 04-16-03 THRU 07-15-03 FIRE MONITORING $47.60 Invoice 043003 Cash Payment E 601-49400-440 Other Contractual Servic 04-16-03 THRU 07-15-03 FIRE MONITORING $47.60 Invoice 043003 Cash Payment E 602-49450-440 Other Contractual Servic 04-16-03 THRU 07-15-03 FIRE MONITORING $47.80 Invoice 043003 Transaction Date 4/21/2003 Wells Fargo 10100 Total $285.80 Refer 51303 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 255423-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 254691-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 254690-00 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 252000-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 251800-00 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 251700-00 Payment E 609-49750-251 Liquor For Resale LIQUOR 251608-00 Cash Payment E 609-49750-253 Wine For Resale WINE invoice 2496330-00 $683.65 $2,698.10 $75.84 $2,339.30 $2,004.19 $134.15 $1,412.98 $1,143.45 - 1832- CITY OF MOUND Payments 05/08/03 9:13 AM Page 17 Current Period: May 2003 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,275.46 Invoice 249552-00 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $82.74 Invoice 249551-00 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $49.34 Invoice 249259099 Transaction Date 5/7/2003 Wells Fargo 10100 Total $12,899.20 Refer 51303 R.C. ELECTRIC, INCORPORATED Cash Payment E 101-45200-223 Building Repair Supplies 04-11-03 SERVICE CALL $126.40 Invoice 041603 Cash Payment E 101-45200-430 Miscellaneous POWER FLOOD BOX $349.80 Invoice 050503 Transaction Date 4/22/2003 Wells Fargo 10100 Total $476.20 Refer ~i303~ RAND~,$'~s'Ai~i~'A~-i~ Cash Payment E 101-41910-401 Repairs/Maint Buildings 04-03 ROLL-OFF $145.44 Invoice 1772 Transaction Date 5/5/2003 Wells Fargo 10100 Total $145.44 Refer 51303 RATZ, ROBERT Cash Payment R 281-34725 Dock Permits REFUND DOCK FEE $250.00 Invoice 051303 Cash Payment R 281-34705 LMCD Fees REFUND LMCDE FEE $7.50 Invoice 051303 Transaction Date 5/5/2003 Cash Payment G 101-22803 Police Reserves COURSE FEE BERENT $240.00 Invoice 65345 Transaction Date 5/1/2003 Wells Fargo 10100 Tota $240.00 Cash Payment E 401-43105-300 Professional Srvs 2003 STREET RECONSTRUCTION 04-11-03 $120.12 Invoice 2310702 PO 14121 Cash Payment. G 601-16200 Fixed Asset-Buildings WELL NUMBER 8 04-04-03 $107.38 Invoice 2307390 PO 13313 Cash Payment G 601-16200 Fixed Asset-Buildings WELL NUMBER 8 04-11-03 $107.38 Invoice 2310701 PO 13313 Transaction Date 5/1/2003 Wells Fargo 10100 Total $334.88 Cash Payment E 222-42260-210 Operating Supplies AIR AND OXYGEN $21.73 Invoice R 04031048 Transaction Date 5/7/2003 Wells Fargo 10100 Total $21.73 Refer 51303 RIDGEVIEW MEDICAL, MOUND Cash Payment E 101-42110-306 Personal Testing 04-04-03 DRUG SCREENING $26.00 Invoice 040403 Transaction Date 4/22/2003 Wells Fargo 10100 Total $26.00 Refer 51303 ROBERGE, JAMES Cash Payment G 101-22898 Roberg subdv-var 02-08-02-0 REFUND ESCROW 101-22898 $756.60 Invoice 051303 - 1833- CITY OF MOUND Payments 05/08/03 9:13 AM Page 18 Current Period: May 2003 Transaction Date 5/1/2003 Wells Fargo 10100 Total $756.60 Refer 51303 ROTARY CLUB OF MOUND Cash Payment E 101-42110-331 Use of personal auto 10,11,12, 2002 CLUB DUES $140.00 invoice 051303 Transaction Date 4/28/2003 Wells Fargo 10100 Total $140.00 Refer 51303 SCHARBER AND SONS _ Cash Payment E 101-45200-409 Other Equipment Repair GEAR CASE $443.37 Invoice 02 2031466 Transaction Date 4/22/2003 Wells Fargo 10100 Total $443.37 Refer 51303 SCHWAAB, INCORPORATED E 601-49400-200 Office Supplies PRE-INK STAMP $16.00 Cash Payment Invoice N24319 Cash Payment Invoice N24319 E 602-49450-200 Office Supplies PRE-INK STAMP $16.00 Transaction Date 5/7/2003 Wells Fargo 10100 Total $32.00 Refer 51303 SENTRY SYSTEMS, INCORPORAT Cash Payment E 609-49750-440 Other Contractual Servic 05-03 FIRE TEST $10.65 Invoice 36654 Oash Payment E 609-49750-440 Other Contractual Servic 05-03 BURGLER MONITORING $20.18 Invoice 36654 ash Payment E 609-49750-440 Other Contractual Servic 05-03 FIRE MONITORING $23.38 Invoice 36654 Transaction Date 5/1/2003 Wells Fargo 10100 Total $54.21 Refer 51303 SHADOW PLASTICS, INCORPORA Cash Payment E 101-45200-384 Refuse/Garbage Dispos GARBAGE BAGS $1,136.62 Invoice 48741 PO 17755 Transaction Date 5/1/2003 Wells Fargo 10100 Total $1,136.62 Refer 51303 SHOREWOOD TREE SERVICE Cash Payment E 101-45200-533 Tree Removal REMOVE MAPLE TREE $186.38 Invoice 4485 Cash Payment E 101-45200-533Tree Removal VETERANS PARK $133.13 Invoice 4484 Cash Payment E 101-45200-533 Tree Removal 5033 BARTLETT BLVD $1,416.45 Invoice 4497 Cash Payment E 101-45200-533 Tree Removal 6300 BAY RIDGE $426.00 Invoice 4496 Cash Payment E 101-45200-533 Tree Removal 2942 OAKLAWN $426.00 Invoice 4494 Transaction Date 4/28/2003 Wells Fargo 10100 Total $2,587.96 Refer 51303 SIGNS OF THE SEASON Cash Payment E 101-42400-404 Repairs/Maint Machinery SET MAGNETICS $61.77 Invoice 1142 Transaction Date 5/6/2003 Wells Fargo 10100 Total $61.77 51303 SOS PRINTING Cash Payment E 101-42110-203 Printed Forms BUSINESS CARDS KURTZ $318.86 Invoice 64588 PO 17795 - 1834- CITY OF MOUND Payments 05/08/03 9:13 AM Page 19 Current Period: May 2003 Cash Payment E 609-49750-340Advertising SALES FLYERS $272.53 invoice 64606 Transaction Date 4/28/2003 Wells Fargo 10100 Refer 51303 STREICHER'S Cash Payment E 101-42110-500 Capital Outlay (GENERA TEARDOWN SQUAD #840 $330.00 Invoice 361035.1 Transaction Date 4/28/2003 Wells Fargo 10100 Total $330 00 Refer 51303 STS CONSULTANTS ' Cash Payment E 601-49400-300 Professional Srvs WELL LAND PURCHASE BALANCE DUE $1,000.11 Invoice 234263-B Cash Payment E 101-42400-300 Professional Srvs THRU 04-12-03 MAXWELL PROPERTY $9,936.49 Invoice 242878 Transaction Date 4/21/2003 Wells Fargo 10100 Total $10,936.60 Refer 51303 THORPE DISTRIBUTING COMPAN Total $591.39 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 290139 $3,090.35 Cash Payment - E 609-49750-252 Beer For Resale BEER Invoice 295540 $557.20 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 295539 $3,769.45 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 295538 $110.35 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 295204 $1,553.00 Cash Payment E 609-49750-252 Beer For Resale BEER $8,965.05 Invoice 294857 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 294856 $52.60 Cash Payment E 609-49750-252 Beer For Resale BEER $246.00 invoice 255246 Cash Payment E 609-49750-252 Beer For Resale BEER $471.50 Invoice 254749 Cash Payment E 609-49750-252 Beer For Resale BEER $217.00 Invoice 254245 Cash Payment E 609-49750-252 Beer For Resale BEER $5,283.20 Invoice 294127 Cash Payment E 609-49750-252 Beer For Resale BEER $98.40 Invoice 294119 Transaction Date 5/8/2003 Wells Fargo 10100 Total $24 414 10 Cash Payment E 222-42260-210 Operating Supplies PHOTO PROCESSING $25.78 Invoice 532396 Transaction Date 4/28/2003 . Wells Fargo 10100 Total $25.78 Refer 51303 TOL TZ' Ki~'Gi~DU~,"~L~_I A"i~iD~"~ Cash Payment E 601-49400-300 Professional Srvs 03-06-03 RESTHAVEN LANE $325.19 Invoice 061584 Transaction Date 5/5/2003 Wells Fargo 10100 Total $325.19 - 1835- CITY OF MOUND Payments 05108103 9:13 AM Page 20 Current Period: May 2003 Refer 51303 TOMBERS, JASON Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND $250.00 Invoice 051303 Cash Payment R 281-34705 LMCD Fees 2003 LMCD REFUND $7.50 Invoice 051303 Transaction Date 5/8/2003 Wells Fargo 10100 Total $257.50 Refer 51303 TWIN CITY OFFICE SUPPLY _ Cash Payment E 222-42260-200 Office Supplies $39.90 invoice 382928-0 Cash Payment E 222-42260-200 Office Supplies $12.75 invoice 382991-0 Cash Payment E 281-45210-200 Office Supplies $5.12 invoice 383984-0 Cash Payment E 601-49400-200 Office Supplies $10.24 invoice 383984-0 Cash Payment E 602-49450-200 Office Supplies $10.25 Invoice 383984-0 Cash Payment E 609-49750-200 Office Supplies $42.26 invoice 384141-0 Cash Payment E 222-42260-200 Office Supplies $111.35 Invoice 385409-0 COPY PAPER,DESK TRAY BOOK INK JET CARTRIDGE INK JET CARTRIDGE INK JET CARTRIDGE COIN TRAYS INK JET CARTRIDGE insaction Date 5/7/2003 Wells Fargo 10100 Total $231.87 Refer 51303 UNIFORMS LIMITED Cash Payment E 101-42110-218 Clothing and Uniforms SEW ON PATCH $36.82 Invoice 173090 Transaction Date 4/22/2003 Wells Fargo 10100 Total $36.82 Refer 51303 UNITED RENTALS Cash Payment E 101-43100-226 Sign Repair Materials SIGN POSTS $123.54 Invoice 0607327 Transaction Date 4/17/2003 Wells Fargo 10100 Total $123.54 Refer 51303 VIKING TOOL AND FASTENER Cash Payment E 496-46580-300 Professional Srvs ELECTRICAL SUPPLIES $239.22 Invoice 7195637 Transaction Date 5/7/2003 Wells Fargo 10100 Total $239.22 Refer 51303 VOS, BONNIE AND ERIC R 281-34725 Dock Permits 2003 DOCK REFUND $250.00 R 281-34705 LMCD Fees 2003 LMCD REFUND $7,50 4/17/2003 Wells Fargo 10100 Total $257.50 Refer 51303 WACONIA FARM AND HOME SUPP Cash Payment E 101-45200-220 Repair/Maint Supply UTILITY GATE $118.22 Invoice 32359 msaction Date 4/28/2003 Wells Fargo 10100 Total $118.22 51303 WAGNER, RICHARD _ Cash Payment R 281-34725 Dock Permits 2003 DOCK REFUND $250.00 invoice 051303 Cash Payment Invoice 051303 Cash Payment Invoice 051303 Transaction Date - 1836- CITY OF MOUND Payments 05/08/03 9:13 AM Page 21 Current Period: May 2003 Cash Payment R 281-34705 LMCD Fees 2003 LMCD REFUND Invoice 051303 $7.50 Transaction Date 4/17/2003 ~ ..... ~ .......... Wells F~o 10100 Total $257 50 Cash Payment E 101-43100-220 Repair/Maint Supply QIL/AIR FILTERS $44.95 Invoice 343548 PC) 17759 Cash Payment E 601-49400-220 Repair/Maint Supply OIL/AIR FILTERS $44.95 Invoice 343548 PC) 17759 Cash Payment E 602-49450-220 RepaidMaint Supply OIL/AIR FILTERS $44.95 Invoice 343548 PO 17759 Transaction Date 5/1/2003 Wells Fargo 10100 Total $134.85 Refer 51303 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 71993 $909.75 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 73109 $1,805.75 Transaction Date 5/8/2003 Wells Fargo 10100 Total $2 715 50 Refer 51303 i~'~/~O Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE Invoice 132707 -$90.00 Cash Payment E 609-.49750-253 Wine For Resale WINE Invoice 133913 $947.30 Transaction Date 518/2003 ........ Wells Fargo 10100 Total $857 30 Refe; 5i303 XO~L~ ~E~G~ Cash Payment E 496-46580-300 Professional Srvs REPLACE DISTRIBUTION POLES $48,670.00 Invoice 051303 Transaction Date 5/7/2003 Wells Fargo 10100 Total $48,670.00 - 1837- CITY OF MOUND Payments 05/08/03 9:13 AM Page 22 Current Period: May 2003 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 455 TIF 1-2 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND 895 FIRE RELIEF FUND 10100 Wells Fargo $75,694.70 $24,762.50 $4,295.87 $120.12 $2,474.82 $60,904.76 $11,507.41 $23,847.67 $147,972.53 $8,075.25 $2,980.72 $9,361.66 $371,998.01 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $371,998.01 $371,998.01 - 1838- THIS PAGE IS INTENTIONALLY LEFT BLANK - 1839- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum From: Date: Re: Honorable Mayor and City Council Sarah Smith 5/7/2003 Request for Fee(s) Waiver - Sign Installation at Gillespie Senior Center The Gillespie Senior Center is proposing to install a freestanding sign along Commerce Boulevard which includes an electronic changeable message board. As of this date, no permit(s) have been remitted therefore the sign has not been reviewed with regard to the City Code Chapter 365. However, it is City staff's understanding that an application is forthcoming and the Gillespie Center has submitted request to the City Council to consider waiving of all involved City fees including, but not limited to, the sign permit and/or building permit fees. Based upon a valuation of $28,050, the involved fees are as follows: Building permit $ 421.55 Plan review 274.01 State surcharge 14.00 Sign permit 100.00 Members of the City Council are advised that that in the event the City opts to waive the building permit fees, the City is still required to pay building permit surcharge to the State of Minnesota which is .0005 percent of the building permit fee. A copy of the proposed sign design has been included. - 1840- - 1841 - 259O Tenant Name IMPORTANT NOTICE: This IS a proprtetary design of Color Sl~ql Systems, Inc., designed specifically for thil preJec~. IS unethicBI ~o distribute ~o ~ny other en~i~y ~or copy or uN. This c~sl~l c~nno~ be used wl~hou~ ~ofor $i~ inc. - 1842- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: From: Date: Re: Gillespie Center Sarah Smith, Community Development Director 5/8/2003 Proposed Pylon Sign - Gillespie Center Thank you for the oppOrtunity to review the proposed pylon sign to be installed at the Gillespie Center. Based on preliminary review by City staff the following comments are offered: 1. City Code Section 365.15 Subd. 4 states as follows: "No illuminated sign which changes in either color or intensity of light shall be permitted except one giving time, date, temperature, weather or similar public sen,ice information. The City in granting permits for illundnated signs shall specify the hours during which same may be kep lighted when necessary to prevent the creation of a nuisance All illuminated signs shall have a shielded light source and concealed wiring and conduit and shall not inteqf ere with traffic signalization." One (1) freestanding sign per street frontage is allowed in the B-1 District provided however that said sign does not exceed (48) square feet in area and (25) feet in height and is placed no closer than (10) feet from any street fight-of-way. A sign permit and application fee of $100.00 is required. A building permit may also be required. From a design perspective, you may wish to consider incorporating design elements into the sign structure which are similar to the Gillespie Center. Thank you for the opportunity to comment on the aforementioned sign proposal. If you have any questions, do not hesitate to contact me at your convenience. - 1843- 5341 Mayx~ood Road Mound, MN 55364 (952) 472-3190 PLANNING REPORT TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: May 6, 2003 SUBJECT: Request for waiver of platting approval to combine and subdivide Lutheran Church property from (4) parcels into (2) parcels. APPLICANT: Bethel United Methodist Church REPRESENTATIVE: Robert Bittle LOCATION: 2116 Commerce Boulevard and 2117 Fern Lane PID: 13-117-24-32-0128 13-117-24-32-0127 13-117-24-32-0126 13-117-24-32-0123 ZONING: R- 1A Residential COMPREHENSIVE PLAN: Residential the Bethel BACKGROUND Bethel United Methodist Church owns the property located at 2116 Commerce Boulevard (church) and 2117 Fern Lane (parsonage) which includes the following four (4) parcels. 13-117-24-32-0128 13-117-24-32-0127 13-117-24-32-0126 13-117-24-32-0123 In November 2002, Bethel submitted an application to allow construction of a detached garage on Parcel 126 which includes a parking lot but does not contain a principal building. As the City Code does not allow construction of an accessory dwelling prior to the construction of a principal dwelling, City staff gave preliminary approval for a building permit for an accessory structure at 2116 Commerce Boulevard subject to conditions including combination of Parcel 126 with an adjacent parcel(s) at Hennepin County and submittal of the updated lot configuration to City staff so as to determine satisfaction with setback requirements of the R-1A District. - 1 844- In January 2003, Bethel submitted a request to Hennepin County for approval of a lot combination / division to create a "church/parking lot" parcel and a "parsonage" parcel. When the information was received from the Hennepin County, it was determined by City start'that the lot rearrangement as proposed required "waiver of platting" approval as the lots within the four (4) PIDs were not only being combined but were being rearranged. Refer to January 22, 2003 letter. SUBDIVISION REVIEW PROCEDURE City Code Chapter 330:12 states that any parcel of land, either platted or unplatted that has been combined for tax purposes or other reasons, cannot be re-separated or divided without an approved subdivision or a waiver of the platting requirements of the subdivision ordinance. A waiver of the platting requirement may be granted by the City Council aRer receipt of the background information provided by City staff. The 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, the City Council may remand the application to the Planning Commission if it determines that their advice will be helpful in determining if the request meets the City's planning and zoning objectives. If the application for a waiver of platting request requires any variance from any City code requirement, the waiver application shall be processed in accordance with City Code Section 330:170 and shall be referred to the Planning Commission and processed as any other variance request under the subdivision ordinance. BACKGROUND INFORMATION ]tennepin County Property Division. Refer to the attachment from Hennepin County regarding the proposed lot combination/division which includes details regarding the existing legal descriptions and proposed new legal description. A marked-up Hennepin County 1/2 section map has also been included to describe the current and proposed lot configuration. ISSUES ANALYSIS Comprehensive Plan. The Future Land Use Map included in the Mound Comprehensive Plan guides the property for residential use. Church facilities are conditional uses in the R-lA District. Accessory buildings / garages are accessory uses in the R-lA District. R-lA District Lot Area and Yard Requirements. Lot Area Front Side Rear Setback Setback Setback(s) 6,000 SF 20 FT 10 FT 15 FT - 1845- Based on review of the survey and/or site plan information currently on file with the City, the house on the "parsonage" parcel is consistent with the setback requirements for non-lots of record in the R-lA District. Additionally, the building on the "church" parcel is also consistent with the setback requirements for non-lots of record in the R-1A District. Non-Lot of Record Status. In the event the waiver of platting request is approved, the subject property will lose its "lot of record" status. ADDITIONAL COMMENTS 1. The two (2) small sheds located in the parking lot will be removed. The proposed new lots meet and/or exceed the 6000 SF minimum lot size and the buildings meet and/or exceed the setback standards of the R-1A District. Bethel United Methodist Church is requesting that the City Council waive the $50.00 application fee. 4. Hardcover will not exceed (30) percent as a result of the lot combination. A building permit has been submitted and is pending for the project. Prior to the release of the building permit, the proposed location of the garage will need to be verified based on the "new" lot configuration if the waiver of platting is approved. RECOMMENDATION City staff recommends that the City Council approve the waiver of platting request to combine and subdivide the property located at 2116 Commerce Boulevard and 2117 Fern Lane and further recommends that the $50.00 fee be waived. 3 - 1846- CITY OF MOUND RESOLUTION # 03- RESOLUTION TO APPROVE REQUEST FROM BETHEL UNITED METHODIST CHURCH FOR WAIVER OF PLATTING APPROVAL TO COMBINE AND SUBDIVIDE THE PROPERTIES LOCATED AT 2116 COMMERCE BOULEVARD AND 2117 FERN LANE INTO TWO (2) LOTS WHEREAS, the applicant, Bethel United Methodist Church, has submitted a request for waiver of platting approval pursuant to City Code Chapter 330:12 to combine the following four (4) parcels and create (2) new parcels to allow construction of an accessory building/garage; and 13-117-24-32-0128 13-117-24-32-0127 13-117-24-32-0126 13-117-24-32-0123 WHEREAS, the subject property is located at 2116 Commerce Boulevard and 2117 Fern Lane and is owned by the applicant; and WHEREAS, the property is zoned R-IA and garages are deemed to be accessory uses in this district; and WHEREAS, the proposed new lots are compliant with the City Codes and consistent with City planning and zoning objectives; WHEREAS, City Code Chapter 330:12 states that a waiver of the platting request may be granted by the City Council if it is determined that the proposal is in compliance ,vith all City codes. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City does hereby approve the waiver of platting request. This waiver of platting request is hereby approved for the following described property: -insert legal description- - 1847- The foregoing seconded by Councilmember Adopted~ resolution was moved by Councilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Pat Meisel, Mayor Attest: Boimie Ritter, City Clerk - 1848- I n,,l~ Z ,~ ZZ 0 0 - 1849- U I-- Z (:3 1,4 1-.I I...4 I-- Z Z Z Z 0 Z,-~ o C~I~ o C;~ ~-~ · ,~O 0 - 1850- I~o c~z~' ! Z ::l:: iii i,-i r-I X ~.. I.- Z Z Z Z Z 0 Z 0 I-I i-i i-,i - 1851 - (28) (29) (~0) (4) CHURCH ~ URCH 1853 -," ~':¢ ,. ¢~..., (29) (4) oo .,-,o ~: CHURC~ - 1854- CITY OF MOUND' 534.1 MAYWOOD ROAD MOUND, MN 55364-1687 ,PH: (952) ~-72-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com January 22, 2003 I Rya. n Masica 243 Glenmoor Lane Lon~g Lake, MN 55356 RE: Bethel Methodist Church -'2116 Commerce Boulevard Dear Mr. Masica: Thank.you for your letter dated January 11,2003 regarding the proposed PID for the church and parsonage at 2116 Commerce Lane and 2117 Fern Lane. The City recently received the proposed parcel information from Hennepin County which has been reviewed by City staff. Regretfully, we cannot approve the PID assignments at this time as it appears the proposal requires "waiver of plat" approval. As we previously discussed, the City of Mound does not regulate lot combination. However, the combination and division of parcels that creates "new" lots is subject to the City's subdivision requirements. I will be happy to assist you with this effort and can, in all likelihood, expedite the request in February as the waiver process is relatively straight fo/ward. For your review, I've included a copy of the City's handout regarding this process. In the event you have any questions regarding any of the requested information, please contact me directly.,~~472-3190. I look forward to working with you. Community Development Director SJS printed on recycled paper - 1855- Ryan J. Masica 243 Glenmoor Ln Long Lake, MN 55356-9253 Home: (952) 476-9114 Work (95 ) 448.4848 Ext. 5449 Email: RyanMasica@AOL.com Saturday, January 11, 2003 Jill Norlander & Sarah Smith City of Mound - Planning and Building Department Dear Jill and Sara (and anyone else concerned): This letter is a reply to Sarah Smith's memo dated 12/02/2002, Re: Garage permit for 2116 Commerce (Bethel). -- To satisfy condition #1, I asked Jim Holan at Hennepin County Tax Payer Services to consolidate the entire property into a single PID for the Church and a single PID for the parsonage. He created and assigned the two new PIDs as shown in the table below. This results in a 114,510 square foot property for the Church and its proposed garage. NEW PID t3-1t7-24 32 0177 (Bethel United Methodist Church 2116 Commerce Blvd) 1. All lots in old PID 13-117-24 32 0128 2. All lots in old PID 13-11 7-24 32 0127 3. All lots in old PID 13-117-24 32 0126 4. Lot 6, 7, 8, and 9 of old PID 13-117-24 32 0123 NEW PID 13-t17-24 32 0176 (Parsonage 2117 Fern Ln) Lot1 -~, and10-12 of Old PID 13-117-24 32 0123 To satisfy condition #2 please find a new Hard Cover Calculation page enclosed. Thank you for your~p~_ ~ ' the "ffyan Masica Chairman of Board of Trustees, Bethel United Methodist Church - 1856- Hard cover calculations ~11 ~ Property Address:-2'~,6 Commerce Blvd, Mound MN 55364-1545 Name: Bethel United Methodist Church cio Ryan Masica, Board of Trustees 952-476-9114 Total Lot Area = Church 114510 Sq Ft Length X 15% (for detached buildings) Width Sq Ft 4.5 34.5 30.3 84 4O.5 32.5 34.5 63 Total Church 155.3 2,545.2 1,316.3 2,173.5 17,1771 6,190 Detached sheds Driveway, tOtal Sidewalk, up Sidewalk, down existing 10.5 8 existing 20 12 Proposed 28 40 Total Detached Total sidewalk 260 20 27 3.5 33 10 14.4 8 8 9 22 15.5 6 4O 3 4O 84 24O 1120 94.5 33O 115.2 72 341 240 120 1,444 5,200 1,313 Parking Lot 118 93 10974 Proposed apron 20 30 600 Total Parking Grand total Hard Cover = difference = 11,574 25,721 8,544 - 1 857- Ryan J. Masica 2;43 Glenmoor Ln Long Lake, MN $5396-9:293 Home: (952) 476-9114 Work (952) 448-4848 Ext. 5449 Email: RyanM~¢a@AOL.com Thursday, December 12, 2002_ Jim Holan Tax Payer Services Department 8600 Government Center Minneapolis, MN 55487 Dear Mr. Holan, Bethel United Methodist Church in Mound, MN, has many many lots and multiple property ID numbers. All these are connected and in. the same area. The church owns all land bounded by the roads: Commerce Blvd (West), Church Rd (South), Fern Lane (East) and Tonkawood (North). As Chairman of the Board of Trustees I would like to combine all the church property into to 2 lots; and, therefore, 2 property IDs. Please refer to the enclosed map to see how we would like the layout to be for tax purposes. If this is not possible, please contact me. Lots to be included in PID 1 3-1 17-24 32 01 28 . , (Bethel United Methodist Churc~ ) 211 6 Commerce Blvd) 1. All lots in PID 13-11 7-24 32 01 28 2. All lots in PID 13-11 7-24 32 012y 3. All lots in PID 13-11 7-24 32 0126 4. Lot 6, 7, 8, and 9 of 13-117-24320123 Lots to be included in PID 1 3-1 1 7-24 32 01 2_3 (Parsonage 2117 Fern Ln) Lot 1 -.~, and 10- 12 of PID 13-117-24 32 0123 Also, can the county maps be updated to reflect the fact that the old Essex Place road does not exist and that the church owns all the land there? The City of Mound confirmed that it is not a publicly held land. I hope what I am asking for is clear and acceptable. Please contact with any questions. Thank you for your help, Ryan Masica Chairman of the Board of Trustees, Bethel United Methodist Church - 1858- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: From: Date: Jill Noflander ~ Sarah Smith, Community Development Director 12/2/2002 Re: Garage Permit - 2116 Commerce (Bethel) Be advised that the building pemfit for the new accessory, sm~cture at 2116 commerce Boulevard is approved subject to th6 following conditions: Because the City Code does not allow the construction of an accessory structure prior to the construction of a principal dwellhag, the subject parcel must be combined with an adjacent parcel(s) at Hennepin County. The proposed lot configuration needs to be provided to City staff so as to ensure satisgaction with setback requirements of the R-IA District. It is suggested that this infom~ation be submitted in written and/or graphic form. A new hardcover calculati6n sheet ni~ds to be provided to reference the impervious surface calculation for the subject lot(s). - 1859- Building Permit Application City of-Mound, 5341 MaywoOd Road, Mound, MN 55364 Phone: 952-472-0607 Fax: 952-472-0679 ,Applicant is: ~.~-wn~r) [] Contractor [] Tenant LEGAL Lot ,/~ ..~ Block C:~ / .2. Plat # .. DEscRIPTI°N Subdivision PID # CONTRACTOR Company Name ,~EL/c' License # Contact Person Address Home Phone Other ARCHITECT Name AND/OR Address ENGINEER Home Phone Other DESCRIBE WORK: OF WORK: $ .z~/f.// Og2O VALUE APPROVED Separate permits are required for e!e.c. _~.~l.j plumbing, heating, ventilating or air conditioning. Permits become null and void if work or construction authorized Is not commenced within 180 days, or If construction or work Is suspended or abandoned for a period of 180 days at any lime after work is commenced. Time Limits on Building ComDletion. All work to be performed pursuant to a building permit obtained for new constru~on, repairs, remodeling, and alterations to the exteriors of any building or Structure in any zoning district shall be completed within one (1) year from the date of permit issuance. The person obtaining the permit and the owner of the property shall be responsible for comple~on. A violation of this ordinance ts a misdemeanor offense. The City Council may extend the time for completion upon written request of the permlttee, establishing to the reasonable satisfaction of the City Council ,that circumstances beyond the control of the permittee prevented completion of the work for which the permit was granted, The extension shall be requested not less than thirty (30) business days pflor to. the end of the one-year period. I hereby cerli~ that I have read and examined this application and know the same to be true and correct. Ail provisions of laws and ordinances governing this type of work will be complied with whether specifled.,~el~ or not. The gren_.J~lg, of a permit do4es not presume to give authority to violate A~::ICA~IG NATURE - DATE or ~ the provisions of any other state or local PRINT APPLICANT'S NAME (OFFICE USE ONLY) SPECIAL cONDITIONS & COMMENTS: RECEIVED. BY & DATE . COPIED, APPROVED · ZONING F'PLANS CHECKED BY CiTY ENGINEER · APP~(DVED BY & DATE ASSESSING '?' BUILDING OFFICIAL 1860- E, Lv~ oI"C 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: 5/6/2003 Re: Planning Commission Appointment Summary At its April 28, 2003 special meeting, members of the Planning Commission interviewed six (6) candidates for the Planning Commission. Several members of the City Council also attended the interview session including Pat Meisel, Mark Hanus and Peter Meyer. While the City received seven (7) applications, one candidate was not able to attend the interview due to out-of-town business but requested that the Planning Commission consider scheduling an alternate interview date. Following review and discussion, the Planning Commission, by consensus, agreed to follow the PC Work Rules which states that in the event a candidate cannot attend an interview, the Planning Commission may consider the candidate based upon the submitted written materials. Details regarding the candidate interviews and selection process are contained in the April 28, 2003 Planning Commission meeting minutes which have been included in the agenda packet, Recommendation Based on its review, the Planning Commission recommends that John Swingler be appointed to the Planning Commission for the duration of the vacant term which expires on December 31, 2004. - 1862- MINUTES MOUND ADVISORY PLANNING COMMISSION APRIL 28, 2003 1. CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:00 p.m. 2. ROLL CALL Those present: Chair GeoffMichael; Commissioners: Jori Ayaz, Jerry Clapsaddle, Becky Glister, Cklair Hasse, Michael Mueller, Greg Raines and Council Liaison Dave Osmek. Absent and unexcused: Jori Ayaz, Jerry Clapsaddle, Michael Mueller. Staffpresent: Community Development Director Sarah Smith and Recording Secretary Jill Noflander. The following individuals were present: Mayor Pat Meisel, Councilmember Peter Meyer, Councilmember Mark Hanus, Michael Cowell, John Evans, Rodney Sanders, Christine Ebert, Jon Schwingler, and John Beise. PLANNING COMMISSION CANDIDATE INTERVIEWS Michael Cowell Michael has an insurance background that could contribute to the review of the safety of projects. He would like to be on the Planning Commission to give something back to Mound and help improve the city. He felt the current limits on hardcover are good. He thought that everyone should following the established zoning codes and should work to change them if theY don't like them. He said he had no problem finding time for the commission responsibilities. John Evans John likes the 30% hardcover requirement. He spends his summers cleaning up Lake Minnetonka and wants the natural filter system to work. He wants to keep the redevelopment ball rolling and enjoys public contact. He feels the commission needs to be somewhat flexible, use common sense and compromise to balance compliance with the code and property owner rights. John is pleased with the progress so far. He would like to see Mound presented as a seaport town. There could have been more done with the post office design. The time commitment for Planning Commission is no problem. Rodne¥ Sanders Rodney indicated he had no hot issue on his agenda but has always been involved in the community, is retired and wants to help make Mound the best it can be. He thinks that codes are codes; they should be enforced or changed. Most people don't purposely do things to make their neighbors go crazy or break the rules. He is a good listener, can analyze facts and data and is a - 1863- Planning Commission Minutes April 28, 2003 good problem solver. Rodney thinks the new downtown project is wonderful but wishes it was moving faster. The hardcover issue is important as he leans towards more open space. He believes in trying to enhance the environment and livability of areas. Because he is retired the time commitment is not an issue. He has been retired for several years, has grandchildren and travels a little. Rodney felt the commission needs to working to make the poorest of what's mound better through formal notice, encouraging neighborhood groups to help, and investors or businesses to come and redevelop areas. He stated that he would ask a lot of question and that playing local politics is not something he wants to do. A discussion ensued regarding interviewing David Miller, who was unable to attend the interview this evening. The commission members that were not in attendance was a concern. Glister feels strongly that it needs to be finished tonight. Meisel thought that the attendees tonight should be the ones to interview and make the decision. The candidates that interviewed could be notified about the decision and be invited to come again and introduce themselves and make a statement. Osmek felt there were too many issues to deal with to wait for next week. It was also noted that, because of family issues, Raines may not be in attendance on May 5th. Christine Ebert Christine felt too much hardcover on small lot was distasteful and too cluttered. She wants to be involved in Mound and get to know the community. She really likes the downtown development so far. It has a warm feeling. She feels that the codes should be followed and that they were written for a reason. There needs to be a balance between nature and structure. Time commitment is not an issue with prior notice. Jon Schwingler Jon grew up in the area. He would like to help with the direction the community is going. He brings life experiences from different communities that might be of value. He has a common sense approach to zoning code enforcement. There is a fine line depending on what the person is trying to accomplish and should be decided on a case-by-case basis. Jon is excited about the progress downtown. It is fun to see a downtown area where people are around on Saturdays and business owners are willing to invest in the community. It's good to see dollars being spent in Mound rather than somewhere else. Jon is not a big fan of limited greenspace. He likes a house to fit a piece of property and feels that the ecological issues are important. We need to consider the impact on that piece of property as well as those around it. Because he is a small business owner his time is flexible. He gave consideration to that before he applied. His vision for the community includes kids riding bikes into downtown with places to go with a bustling downtown area that has a lot to offer. That vision is in the beginning stages. He feels the City should move together, compromise where needed and make it work for everyone. John Beise John felt we should stick closer to the guidelines for hardcover if not become more restrictive. The redevelopment of downtown is a big reason why he wants to get involved. He thought it would be rewarding. Encouraging code compliance is important but needs to be considered case - 1864- Planning Commission Minutes April 28, 2003 by case. He thought that too much emotion has been involved in decisions in the Past. The burden of proof should be hardship. Time commitment is no prOblem. John is concerned about the smaller lot sizes some are proposing at the Anthony's property. Vote was taken. Listed in order of preference: Jon Schwingler, Rodney Sanders, John Beise, Christine Ebert, Michael Cowell, John Evans, David Miller. ADJOURNMENT MOTION by Hasse, seconded by Osmek, to adjourn the meeting .at 9:00 p.m. MOTION carried unanimously. Chair Geoff Michael Attest, Planning Secretary - 1865- Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: April 17, 2003 SUBJECT: Variance Request OWNER: Mike Chitko CASE NUMBER: 03-21 LOCATION: 3301 Warner Road ZONING: Residential District R-1 COMPREHENSIVE PLAN: Low Density Residential Front setback (Waterbury) Side setback (south) BACKGROUND At its April 21, 2003 meeting, the Planning Commission reviewed the request from Mike Chitko for a variance(s) to allow construction of a garage addition to the house located at 3301 Warner Road. The requested variances are described as follows: Requested Required Variance 14.9 feet 20 feet 5.1 feet 5.71 feet 6 feet .29 feet PROJECT DETAILS Details regarding the variance application are contained in Planning Report No. 03-21. PLANNING COM1VIISSION RECOMMENDATION Based on its review, the Planning Commission unanimously voted to recommend approval of the variance application as requested subject to conditions. A drag resolution based on the Planning Commission's recommendation has been included as an attachment. - 1866- ADDITIONAL INFORMATION 1. Pursuant to M.S.S. 15.99, the deadline for City action on the application was May 11, 2003 therefore a 60-day extension was executed on April 29, 2003. Based on discussion with the applicant's representative on May 9, 2003, an updated survey and hardcover calculation sheet in compliance with the Planning Commission's recommendation(s) have been prepared and will be delivered in advance of the May 13t~ City Council meeting. - 1867- CITY OF MOUND RESOLUTION # 03-~ RESOLUTION TO APPROVE FRONT SETBACK VARIANCE FOR THE CONSTRUCTION OF A GARAGE ADDITION AT 3301 WARNER ROAD P & Z CASE # 03-31 WHEREAS, Mike Chitko, the applicant, has rcqucstcd thc following variances to allow construction of a garage addition at 3301 Warner Road: Requestcd Required Variance Front setback (Waterbury) Side setback (south) 14.9 feet 20 feet 5.1 feet 5.71 feet 6 feet .29 feet WHEREAS, the subject property is zoned R-I and subject to a front setback of (20) feet along Waterbury Road, a front setback of (30) feet along Warner Road, a rear setback of(15) feet, a minimum lot size of 10,000 and bardcover not exceeding 40 percent; and WHEREAS, the existing house is non-conforming due to a 16.9 foot front setback along Waterbury Road and a 21.2 front setback along Warner Road ;and WHEREAS, the existing lot size of 7950 SF is also non-conforming but was recognized as part of a previous subdivision approval in City Resolution No. 87- 150; and WHEREAS, the application did not include a request for a front setback variance from Warner Road however the applicant has indicated that the addition can be moved further west to meet the required (30) foot setback; and WHEREAS, the subject property currently lacks a garage; and - 1868- ,. WHEREAS, topography significantly slopes downtown from Warner Road towards Lake Minnetonka; and WHEREAS, the subject lot is irregularly shaped; and WHEREAS, the proposed garage addition has been situated on the noah side of the lot along Waterbury Road so as to follow the building line of the existing house; and WHEREAS, the improvements will improve livability; and WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the variance request as recommended by Staff subject to conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The variance to allow a 14.9 foot from setback along Waterbury Road s hereby approved for the following described property subject to the following conditions: a. The proposed garage/addition meet the required 6-foot setback on the south side mad the 30-foot front setback along Warner Road. b. The project meet the 40 percent hardcover restriction. c. Any future decks or patios must be in a conforming location. d. The applicant shall be responsible for payment of all costs associated with the land use requests. e. No approval of any future development plans and/or building permits is included as part of this action in the event the variance application is approved. f. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. g. Applicant shall be responsible for procurement of any and/or all permits. 2. This variance is hereby approved for the following legally described property as stated in the Hennepin County Property Information System: - insert legal descriptJonfi-om sutn,ey- In the event the use as permitted by the variance shall not have been completed or utilized within one (1) year, the variance shall be become null and void unless an extension is granted by the City Council pursuant to City Code Chapter 350:530, Subd. 2 (E). - 1869- The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted May 13, 2003 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk - 87o- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION APRIL 21, 2003 CASE #03-21 Variance - Front and side setbacks for house addition 3301 Warner Road - Mike Chitko The original house was constructed in 1955. Currently, the existing house is non-conforming due to a 16.9-foot front setback along Waterbury Road and a 21.2 front setback along Warner Road. The subject lot also does not meet the required 10,000 SF lot size. The applicant is requesting a 5.1 foot front setback variance and a .29 foot side setback variance. Staff recommends approval of the proposed variance subject to the following conditions: 1. The proposed garage/addition meet the required 6-foot side setback. 2. Applicant shall be responsible for payment of all costs associated with the land use requests. 3. No future approval of any development plans and/or building permits is included as part of this action in the event the variance application is approved. 4. Applicant shall be required to submit all required information upon submittal of the building permit.applications, when appropriate. 5. Applicant shall be responsible for procurement of any and/or all permits. Discussion Clapsaddle pointed out that the site plan does not represent the building plan submitted. Applicant verified that the site plan is correct. The modified plan was not submitted to the City. Mueller confirmed with the applicant that the current plan is per the survey. He is concerned about the engineering of the existing block. Decks are not in the plans but are on the survey. We have to be sure they are addressed. Also, revised hardcover doesn't include some of the driveway. There should be a condition that hardcover won't exceed 40%. MOTION by Mueller, seconded by Clapsaddle, to recommend approval of the variance subject to the conditions set forth in the planning report, meeting all setbacks except the north line to Waterbury and meeting all hardcover requirements per the survey. Setback from Waterbury must not be less than 14.9 feet. All future decks or patios must be in a conforming location. Addition to the south portion of the existing house must be conforming. MOTION carded unanimously. - 1871 - CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com .......... April' 29, 2003 Mike Chitko 3301 Warner Lane Mound, MN 55364 RE: Proposed Variance(s) - Building Addition This letter is in regard to the information.you submitted on or around March 13, 2003 for a variance to allow a building addition at 3301 Warner Road. Pursuant to Minnesota Statutes Section 15.99, please accept this letter, as notice from the' City of Mound that the review period for your land use application will be extended an additional sixty (60) days. ,~s you are aware, the application was reviewed by the Planning Commission at its April 21, 2002 meeting and has been recommended for approval subject to conditions. Therefore, the purpose for the extension is to allow you adequate time to forward the application to the City Council for action which is scheduled for May 13, 2003. Community Development Director printed on recycled paper - 1872- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: April 17, 2003 SUBJECT: Variance Request OWNER: Mike Chitko CASE NUMBER: 03-21 LOCATION: 3301 Warner Road ZONING: Residential District R-1 COMPREHENSIVE PLAN: Low Density Residential BACKGROUND Mike Chitko has submitted a variance(s) application to allow construction of a garage addition to the house located at 3301 Warner Road. The variances are described as follows: Requested Required Variance Front setback (Waterbury) Side setback (south) 14.9 feet 20 feet 5.1 feet 5.71 feet 6 feet .29 feet Specific details regarding the project are outlined in the submitted plans (ie. floor, elevation drawings, etc.) which have been included as attachments. EXISTING CONDITIONS The original 20' x 30' house was constructed in 1955. Currently, the existing house is non- conforming due to a 16.9 foot front setback along Waterbury Road and a 21.2 front setback along Warner Road. The subject lot also does not meet the required 10,000 SF lot size. Previous Land Actions. Resolution No. 87-150 approved a minor subdivision for the property which split Lot 54, Whipple Shores into two (2) parcels referred to as Parcel A and Parcel B. Members are advised that the approved subdivision recognized the existing lot size of 7950 SF and also referenced the placement of the existing house. Additionally, the subject property was also part of a previous minor subdivision as described in Resolution No. 81-127 which created two lots (East/West Tracts.) - 1873- Easement. A perpetual easement for utility and street purposes on part of Lot 54 in favor of the City of Mound was executed on March 15, 1982 (Document No. 146742.) REVIEW PROCEDURE City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound and generally states that a variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land. 60-DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance application was received and deemed to be complete on March 13, 2003 and expires on or about May 11, 2003. Within the 60-day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. NOTIFICATION City policy requires that abutting property owners are notified of variance requests by mailed notice. Members of the Planning Commission are advised that this activity was completed on April 17, 2003. DEPARTMENT COMMENTS Copies of the variance application were forwarded to all City departments for review. All written comments which were received are outlined below: Parks Department No comments. Engineering Department Application is complete. Additional details including, but not limited to, proposed elevations will be required as part of the building permit process. Public Works Director Skinner No comments. Fire ChiefPederson No concerns from Fire Department. Acting Police Chief McKinley No police issues. 2 - 1874- Building Official Simoneau DISCUSSION Proposed garage is the minimum size acceptable for commonly accepted construction practices (ie. standard door size, etc.) A building permit will be required including the submittal of all required information. The property is bordered by Waterbury Road to the north and Warner Lane to the west and is therefore subject to double front setback requirements of 20 feet and 30 feet respectively. While City staff believes that conditions exist which warrant a variance, it would seem reasonable to cut off 3.5 (+/-) inches on the south side of the garage/addition to meet the required (6) foot setback if the functionality of the structure is not diminished. Members are advised however that the placement of the south wall of the existing house is not perpendicular to the south property line which subsequently decreases the setback the further you move east. Additionally, the house garage/addition has been situated so as to follow the same building line on the north side of the house along Waterbury Road. Due to the configuration of the lot, the setback decreases the further you move west towards the lake. 3. As a front setback variance from Warner Road was not requested, the addition need to be pushed further back to meet the (30) foot setback requirement. 4. The vehicular sight lines at the intersection of Waterbury Road and Warner Lane should be maintained. 5. Topography of the lot slopes downward from Warner Lane towards Lake Minnetonka. Elevation data is included on the site survey. 6. The subject property is irregularly shaped. RECOMMENDATION Staff recommends that the Planning Commission recommend City Council approval of the proposed variance(s) subject to the following conditions: 1. The proposed garage/addition meet the required 6-foot side setback. 2. Applicant shall be responsible for payment of all costs associated with the land use requests. 3. No future approval of any development plans and/or building permits is included as part of this action in the event the variance(s) application is approved. 3 - 1875- 4. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 5. Applicant shall be responsible for procurement of any and/or all permits. CITY COUNCIL REVIEW In the event a recommendation is received from the Planning Commission at its April 21, 2003 meeting, it is anticipated that the application will be forwarded to the City Council for review at on May 13, 2003. 4 - 1876- ' VARIANCE OF MOUND 5341 Maywood Road, Mound, MN 5364 APPLICATION~ .~,~ Phone 952-472-0600 FAX 952-472-0620 2003 Application Fee($200.OO /'~crow DepoCt: Planning Comm,ss,on Date c,t, Co.nc,, Please type or print le, libly SUBJECT Address PROPER~ LEGAL Lot ~ /~/~z~ _~~ Block DESC. Subdivision PID~ ~- itT-Z~ ~ ~ Plat~ 37~9~ ZONING DISTRICT ~ R-lA R-2 R-3 B-I B-2 B-3 'PROPER~ Name ~/~ OWNER Address ~/ /~~ Phone (H)~?$~) APPLICANT Name ~v/~ (IF OTHER THAN Address ~ OWNER) Phone (H) (~SZ) ~. Z5 ~ (W),, (M) PI i' ~ ml for this property? Yes ( ) No (). and provide copies of resolutions. ; zomng, variance, conditional use permit, or other zoning procedure If yes, list date(s) of application, action taken, resolution number(s) Variance Application (12/30/02) Page 1 of ,' Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): -1877- ,/ ~r Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No (~). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQU IRED REQUESTED (or existing) Front Yard: ( N Side Yard: ( N~E W ) Side Yard: ( N S E~) 7_0 Rear Yard: ( N S F=~) Lakeside: ( N S E W ) : (NSEW) Street Frontage: Lot Size: Hardcover: VARIANCE ff. ff. ff. ft. ~', -/I ft. .7_'~ ft. ft. ~'4r- ~ ff. ~.! ft. fl. ff. ft. ft. ff. ft. ft. ft. ft. ft. ft. ft. sq ft sq ft sq ft , sq ft sq ft sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes 02~ 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 Variance Application (12/30/02) Page 2 of 3 - 1 878- 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: 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (7~. If yes, explain: 8. Are the conditiOns ,o, fx~ardship for which you request a variance peculiar only to the property described in this petition? Yes (y~), No (). If no, list some other properties which are similarly affected? 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 postingl maintaining and removing such notices as may be required by law. Owner's Signature Date Applicant's Signatur~Q~.,~--J~ Date ~,,,,~, k/. I~rr~, ~' ' ' Variance Application (12/30/02) Page 3 of 3 - 1879- Ct'P( OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) OWNER'S NAME: ~1~ LOT AREA LOT AREA LOT AREA ~ROPERTY ADDESS: SQ. FT. X 30% = (for all lots) ....................................... SQ. FT. X 40% = (for Lots of Record) ............................. SQ. FT. X 15% = (for detached buildings only) .................. I * Existing Lots of ReCord may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 6.B.1 (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE X = DETACHED BUILDINGS (GARAGE/SHED) TOTAL HOUSE .................................................... X = /~ n2 TOTAL DETACHED BUILDINGS ............................... ~,IVEWAY, PARKIRG ZO X ..3'0 = AREAS, SIDEWALKS, ETC. X = DECKS Open decks (1/4" min. Opening between boards) with a pervious surface under are not counted as hardcover. TOTAL DRIVEWAY, ETC ........................................ X = X = X = TOTAL DECK ....................................................... X = TOTAL HARDCOVER/IMPERVIOUS SURFACE ................................................... (~ / OVER (indic,~ difference) .................................................................... Revised 11/04/02 - 1880- CERTIFICATE OF SURVEY FOR MIKE CHITKO IN LOT 54, WHIPPLE SHORES HENNEPIN COUNTY, MINNESOTA NAIL .2) ~'~ ~.~ (942,4) (954.6) 945.,~) (946.9) (94~2.; 45.2) LEGAL DESCRIPTION OF PREMISES: (954,7) !o 12.00 (962.7)< · 20;18 BASEMENT FLOOR ELEV.,, 963.38 EXISTING HOUSE· (960.3). 02" E 120.10 ledrawn Ld ELEV=966.65 / / / / / / of t he Of; ,f Tit:les in a This survey shows the boundaries of the above described property, the location of an existing house thereon, and the proposed location of a proposed addition. It does not purport to show any other improvements or encroachments. o · Iron merker (956.5) : Existing spot elevation, Mound City datum Bearings shown are based upon an assumed datum LOT AREA = 7950+~ sQiFTi NOTE ' Utilities shown are from city records. mt:L,t::t/bL) NAR 13 2003 tviuu~u ~La~it~6 & INS?. 0250~,f inoICLIPFINAL s.go 952--473-414.1 02-504 :1 hereby certify that this survey was prep0red by me or ruder my direct super- vision, ~d that lam a duly registered Civ~ Engineer and Land Surveyor under the lows of the State of Minnesota. .. ~_ -Mo~k S. Cr0nl~er~l--~innes0t~ License Number 12755 SCALE 1 "=20' DATE 12/16/02 2-28-0,3: UTILITES JOB NO. 02-50~, - 1883- 1884- "-~ 1885-, - - 1886- - 1887- ' 5341 MAYWOOD ROAD MOUND, MN 55364-1687 CITY OF MOUND PH: (952) 472~0600 FAX: (952) 472-0620 WEB: www. cityofmound.com March 25, 2003 Mike Chitka 3301 Warner Lane Mound, MN 55364 RE: Proposed Variance(s) - Building Addition This letter is in regard to the information you submitted on or around March 13, 2003 for a variance to allow a building addition at 3301 Warner Road. Based upon review by City staff, the application has been deemed to be complete. I do wish to point out however that an updated hardcover calculation sheet may be necessary. It is anticipated that the application will be forwarded to the Planning Commission for review at an upcoming meeting tentatively scheduled for April 21, 2002. Be advised however that the date is subject to change. If you have any questions, please feel free to contact me at your convenience. Community Development Director printed on recycled paper - 1888- Property Information Search by Street Address Result page Page 1 of 2 Search By: ............................ ~ ...................... HOUSE or BUILDING #: STREET NAME: (at least first 3 characters 1V~a.r.ne[.!~ad ............... UNIT # (if applicable) f20 ~ ........... ~::~::~::: records per page Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Parcel Data for Taxes Payable 2003 Click Here for State Copy of Payable 2003 Tax Statement 'r~.~.,: 9-::~ :~:ii: :;.:~?..~:!!::~.~.L:~i~:.~;,~!?:~.::i~li 25-~ 1 ?-24-2~-0166 3301 WARNER LA MOUND 277 Construction year: 1955 3 Parcel Size: IRRE.GUI MICHAEL A CHITKO MICHAEL A CHITKO 3301 WARNER LA MOUND MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value a~ warranted to represent arms-length transactions. Sale Date: January, 1992 Sale Price: $82,300 Transaction Type: Warranty Deed Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description WHIPPLE SHORES 054 THAT PART OF LOT 54 WHICH LIES ELY OF A LINE DRAWN FROM A PT ON NLY LINE THOF DIST 101.6 FT WLY FROM NE COR THOF TO A PT ON SLY LINE THOF DIST Note: This is a Partial Metes & Bounds Description. To receive full tax parcel description, email request to taxdescription(~co.hennepin.mn.u., Value and Tax Summary for Taxes Payable 2003 Values Established by Assessor as of January 2, 200; Estimated Market Value: $149,000 Limited Market Value: $121,800 http ://www2. co.hennepin.mn.us/pins/addrresult.- 1889- 4/16/2003 Property Information Search by Street Address Result page Page 2 of 2 Taxable Market Value: Total Improvement Amount: Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: $121,800 $1,320.66 $23.12 $1,343.78 ~ Property Information Detail for Taxes Payable 2003 Values Established by Assessor as of January 2, 200; Values: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status $68,000 $81,000 $149,000 $55,6OO $66,200 $121,800 RESIDENTIAL LAKESHORE HOMESTEAD 39659 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 ¢ 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 applic~ Send e-mail to Henn. Net@co.hennepin.mn.us Copyright © 1998 - 2001 Hennepin County http://www2.co.hennepin.mn.us/pins/addrresult '-:1-890- 4/16/2003 Hennepin County Map Server Page 1 of 2 Click on map to view information on adjoining properties Scroll down to see property address, value & tax info Last update: 4/03/2003 at h00:00 PM REAl) IMPORTANT I)ISCLAIMER INFORMATION BELOW Approximate PropertyApproximate Property Property ID Perimeter Area 25-117-24-21-0166 371 ff. 8,212 sq.f. = 0.189 acres Property Address Market Value Total Tax (2003) 3301 WARNER LA $ 149,000 $ 1,343.78 MOUND, MN 55364 Click on Property Information Button below to view main tax information page for the property you have selected The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618 or via e-mail at Bob. Moulder@co.hennepin.mn.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation. http ://www 19.co.henne.../esrimap. dll?name=He'2 :l 8'~"1°- :md=Find&VALUE=251172421016 4/16/2003 SURVEY ON FILE? YES / NO CI'FY OF MOUND - ZONING INFORMATION SHEET LOT OF RECORD? YES I NO ZONING DISTRICT, LOT SIZE/WIDTH: 1 10,000/60 B1 7.500/0 i~ ~000/40 ~2 20,000/eo R2 6,000/40 B3 ~0,000/60 R2 ~4,000/80 R3 SEE ORD. ~! 30,000/~00 EXISTING/PROPOSED EXISTING LOT SIZE: ~0rj~ WIDTIt: LOT DI~PTH: VARIANCE IIOUSE ......... FRONT FRONT N S E W N S E W SIDE N S E W SIDE N S E W REAR N S E w LAKE N S E W 50' TOP OF BLUFF 10' O}~ 30' GARAGE~ SHED ..... DETACHED BUll.DINGS FRONT N S E W FRONT N S E W SIDE N S E W SIDE N S E W REAR N S E W LAKE ' ' TOP OF BLUFF N S E W HARDCOVER 30% OR 40% CONFORMING7 YES I NO / 4' OR 6' 10' OR 30' This Zoning hffn~matiml Sheet only summarizes a portion of die requirements outlined in ~e CIly of Mound Zoning Ordinance. For furQ~er informatlo~., contac! the City of Mound ._.l_']n._n_n!ng .De~partmcnt at 472:,0~K} I?~ ( ! Augus 25, 1957 RESOLUTION TO APPROVE MINOR IVISION FOR LOT 54, WHIPPLE SHORES; PID NUMBERS 25-117.-24 21 O154/0153 (5325 WATERBURY ROAD & 3301 WARNER LANE) P & Z CASE NO. 87-658 WHEREAS,..the minor subdivision for Lot 54, Whipple Shores, has been sobmitted in the manner'required for platting of land under the City of Mound O~dlnance Code, Section 330 and under.Chapter. 462 in the Minnesota State Statute and all proceedings have been duly conducted thereunder; and WHEREAS, an application to waive the subdivision requirements contained in Section 330 of the City Code has been filed with the'City of Mound; and WHEREAS, said request for Waiver has been reviewed by the Planning CommissiOn and the City Council; and WHEREAS, it has been 'determined that. there are special circUmstances affecting said property such tha.t the strict application of the ordinance'would deprive the applicant of the reasonable use of his land; and that the walver, is necessary for. the preservation and enjoyment of the substantial property rights; and that granting the waiver would not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Mound, Minnesota; The. request of the applicant for the waiver from the provisions of Section 330 of t.he City .Code and.the request to subdivide property of less than 5 acres, described as follows: Parcel A: That part of Lot 54, Whipple Shores, which lies westerly of a line drawn from a point on the northerly line of said Lot 54 distant 141.60 feet westerly from the. northeast corger of said Lot 54 to a point on the southerly line of said Lot 54 distant 83.10 feet, westerly from the southeast corner of said Lot 54. Parcel B: That part of Lot 54, Whipple Shores, which lies easterly of a llne drawn from a point on the northerly line of said Lot 54 distant 141.6 feet westerly from the northeast corner of said Lot 54 to a point on the southerly line of said Lot 54 distant 83.10 feet, westerly from the southeast corner of said Lot 54. A. It is hereby granted to permit the subdivision in the following manner as per Exhibit "A": Parcel A: That part of Lot 54, Whipple Shores, which lies westerly of a line drawn from'a point on the northerly line of said Lot 54 distant 101.60 feet westerly from the northeast corner of said Lot 54 to a point on the southerly line of said LOt 54 distant 120.10 feet, westerly from the southeast corner of said Lot 54. (Lot ~rea 9600 square feet) - 1893- Augus~ 25, 1987 -. .. ~ Parcel B:' That part of Lot $4, Whipple. Shores, whlch l~es easterly of a line drawn from a point on the northerly line of said Lot 54 distant 101.60 feet westerly from the northeast corner of said Lot 54 to a point on the,southerly · line of said Lot 54.distant 120.10 Ceet~.westerly from'the southeast corne~ of said Lot 54. (Lot area 7980 square'feet) B. Upon the further following conditions: 1. Parcel A'.subdivision line between Parcel B must conform to within 10 %-of'the 10~i000 sq. ft.' minimum for the R-1Zoni.ng District. 2. The utility shed shall have.conforming setbacks to the property lines. City Engineer sha.ll approve the newly described legal descript, ions. C. It is determined that the foregoing subdivision will constitute a desi.rable and stable community development and it is in harmony with adjacent properties. D. The City Clerk is authorized to deliver a certified copy of.this resolution to the applicant for filing in the office of the J~Regi~ter of Deeds, or the Registrar of Titles of Hennepin County to show compliance with the subdivision regu'l~tion~ of the City. E. This lot subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. The foregoing resolution was moved by Mayor Smith and seconded by Councilmember Jo'hnson. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Council'membe-r.s voted 'in the negative: none. i~,y=6r v ~,., - ~. Attest:. City Clerk - 1894- C1 I"t''' (}f ND 5341 MAYWOOD ROAD MOUND. MII'.'?'i£"C'~ & 55364 (612) 472-'~ 155 December 30, 1981 TO: FROM: City Council Jon Elam, City Manager The description of the West Tract in this resolution was not entered properly and we need a Resolution amending and correcting this Resolution #81~1'27.. It should have read as follows: WEST TRACT - That part of Lot 54, Whipple Shores which lies westerly of a line drawn southeasterly from a point on the northerly line of said Lot 54 distant 141.6 feet westerly of the northeast corner of said Lot 54 to a point in the southerly line of said Lot 54 distant 83.1 feet westerly of the southeast corner of said Lot 54 - 10,092+ sq. ft. zoned A-1 lO,O00 sq. ft. 138 April 21, 1981 Cc ;~cilmember Swenson moved the following resolution, , '~ :ii ·. '~;, .~-.' , ,~., . RESOLUTION NO. 81-127 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND 1) GRANT SUBDIVISION OF LAND: 2) ALLOW A 5 FT. REAR YARD VARIANCE ON THE NEW STRUCTURE AND 3) BOND BE REQUIRE~~ FOR REMOVAL OF OLD STRUCTURE IN THE AMOUNT OF 125% OF THE ENGINEER'S ESTIMATE OF COST OF THE REMOVAL WHEREAS, an applicant to waive the subdivision requirements contained in Section 22.00 of the City Code has been filed with the City of Mound, and WHEREAS, said request for a waiver has been reviewed by the Planning Commission and the City Council, and WHEREAS, it is hereby determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detrimental to the public welfare or injurious to other property owners. WHEREAS, it be noted that a 5 foot rear yard variance be allowed on the new structure which is west tract, and WHEREAS, a 125% bond be posted for removal of old structure, according to engineer' r-- estimated cost for removal of same, in west tract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: 1) The request of Michael J. Byrne for the waiver from the provisions of Section 22.00 of the City Code and the request to subdivide property of less than five acres, and described as, Lot 54, Whipple Shores, be granted to be permit division of the following property in the following manner: EAST TRACT - That part of Lot 54 Whipple Shores which lies easterly of a line drawn southeasterly from a point on the northerl,y line of said Lot 54 'distant 141.6 feet westerly of the northeast corner of said Lot 54 to a point in the southerly line of said Lot 54 distant 83.1 feet westerly of the southeast corner of said lot 54 - 8,082+ sq. ft. zoned A-1 10,OO0 sq. ft. WEST TRACT - That part of Lot 54, Whipple Shores which lies westerly of a line drawn southeasterly from a point on the northerly tine of s~id l~ot 54 ..... , ;.-' ~ i~ ~a point ,in the southerly line of said Lot q4 distant 85.1 feet westerl"~ 2) That any and all deficiencies resulting fr m s id subd' ' ' a iVlSlOn ~"~) either be paid in full or have waivers signed. 3) It is determined that the foregoing division will constitute a desirable and stable community development and is in harm.oney with ad- jacent properties. .-1896- ~q 139 April 21, 1981 4) The City Clerk is authorized to deliver a certified copy of this resolution to the appl~cant for filing in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of this City. A motlon for the adoptlon of the foregoing resolutlon was duly seconded by Council- member Ulrick and upon vote being taken thereon; the following voted in favor there- of; Charon, Lindlan, Swenson and Ulrlck, the following voted against the same; Polston, whereupon sald resolution was declared passed and adopted, slgned by the Mayor and his signature attested by the Actlng City Clerk. Attest: /~ting City Clerk - 1897- EASEMENT THIS AGREEMENT made this between Valentine C0rdel] Wir .t~Z-.Personal Representative ot th6--- 'Estate of Hichael Gene !lirtz -Deceased. part y of the first part, and THE CITY OF MOUND, a municipal corporation under the laws of the State of Minnesota, party of the second part, WITNESSETH: That the part y of the first part in consideration of the sum of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION to him in hand paid by said party of the second part, the receipt of which is hereby acknowledged, do es hereby grant and convey unto the said party of the second part, its successors and assigns, the following: A perpetual' easement, for utility and street purposes over, under and across the following described property: Lot 54, Whipple Shores. Said perpetual easement being that part of said Lot 54 lying northeasterly of the following described line: Beginning at a point on the easterly line of said Lot 54 distant 10.00 feet southerly of the northeast corner of said Lot 54; thence northwesterly to a point on the northwesterly line of said Lot 54 distant 1~.00 feet southwesterly of the northeast corner of said Lot 54 and there terminating. Affecting Certificate No.585295 State Deed Tax Due Hereon: None This instrument drafted by: Wurst, Carroll & Pearson, P.A. 1512 First National Bank Building Minneapolis, Minnesota 55402 IN TESTIMONY WHEREOF, the said party haS hereunto set his hand the day and year first abo~e wr--~ten. In presence of: STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Valentine Cord'ell Wir/~y 2 '~ (~ '? ..'.~': ' 19 81 , before me, a On this .... ~ day of / ~.-:~ ~' '~' , N0~ary Public w~-~n and for said County, .p_e. rsona~ha~p-ea, re.d Valentine Cordel] WirtZ-Personal Repres~en~a%jve or Estate of Hichael Gene Wirtz, Deceased. , to me known to be the Person describe6--~q'--and who execute~e/.f~oregoi~.._in, strument and acknow~dged that~he~ executed th~ as h i.s /~fD_~/e act and dee~ ,i ._, ..... . -1898 ............................. -,,.,, ..... .' .... ,~ 7.-o -1899- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com MEMORANDUM April 30, 2003 TO: FROM: SUBJECT: MAYOR AND COUNCIL KANDIS M. HANSON, CITY MANAGER CBD Parking Program As you might know, in 2002 the City Council took action to extend the existing CBD program until June 30, 2003. After this date, unless extended by the Council, the program will no longer exist. If it is your intent to extend this program for one more year, there will be a direct impact on the City budget. We do not have all the costs for the year 2002-2003, but for the year 2001-2002 they were as follows: Snow plowing by contractor $ 9,435 CBD Lease payments 6,939 Total Cost 16,374 Less Assessments ( 2,101) Net Cost to City $14,273 The Council coUld consider one of the following options: Continue the CBD program as is for one more year. Terminate the program at the end of the 2001-2002 season. Continue the program for one more year andcharge the CBD district for all direct costs incurred by the City. Continue the program for one more year and charge the CBD district for snoW plowing at 1/4 of the cost plus the lease payments. Given the parking concerns that we still have in our downtown area, the administration recommends that the program be extended for one more year. If you have any questions, please contact me at 952-472-0609. cc: Gino Businaro, Finance Director Greg Skinner, P. W. Superintendent 9 0 0 -'c'~ paper 5341 MAYWOOD ROAD MOUND, MN 55364-1687 CITY OF MOUND PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com May 1,2003 TO: MAYOR AND CITY COUNCIL FROM: BONNIE RITTER SUBJECT: TREE REMOVAL LICENSE The following tree removal application has been received. Approval contingent upon all forms, fees and certificates of insurance being received: Tall Timber Tree Experts Wayzata, MN printed on recycled paper -1901 - CITY OF MOUND RESOLUTION NO. 03- RESOLUTION REAFFIRMING THE AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS WHEREAS, the City Council of the City of Mound, Minnesota, did on February 12, 1991, adopt resolution No. 91-30, entitled "Resolution Authorizing City Sponsorship in State Grant-In-Aid Snowmobile Trail Funds"; and WHEREAS, the Department of Natural Resources is requesting that the City again reaffirm its sponsorship of the State Grant-In-Aid Snowmobile Trail funds; and WHEREAS, the Southwest Trails Association has requested the City of Mound to sponsor grant-in-aid snowmobile trails through the Minnesota Trails Assistance Program; NOW, THEREFORE BE IT RESOLVED that the City Clerk is authorized to apply to the Department of Natural Resources for the Minnesota Trail Assistance program on behalf of the Southwest Trails Association; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to execute and approve contractual agreements for this grant. Adopted by the City Council this 13th day of May, 2003. Attest: Bonnie Rifler, City Clerk Mayor Pat Meisel - 1902- 5341 Ma~vood Road Mound, M'N 55364 (952) 472-3190 MEMORANDUM To: The Honorable Mayor and City Council members From: Matt Simoneau, Building Official Date: May 6, 2003 Re: Adoption of the 2000 International Property Maintenance Code The new State Building Code became effective on March 31, 2003. The new code now includes International Model Codes. One of the documents contained in this new suite of codes is the International Property Maintenance Code which is not included as part of the State Building Code. Generally, property maintenance codes are left to local jurisdictions for adoption. Therefore, we respectfully request to replace current City Code Section 319 Housing Maintenance Regulations for Rental Properties with the 2000 addition of the International Property Maintenance Code (IPMC). Current ordinance section 319:15 Subd. 12 ( Removal of Snow and Ice ) and section 319:25 Subd. 7, C. ( Egress Requirements ) would remain as they are not addressed by the IPMC. Staff believes that this companion document would be a more beneficial tool than our current code in regards to property maintenance. Because of changing demographics, non-traditional life styles and the changes in which the way people now use buildings the IPMC is more tiffing document than our current code. In addition, the current code has failed to keep up with code changes where the IPMC references the new international codes for its requirements. Staff is not proposing any rental licensing or fees. Most of the requirements of the IPMC are similar to our current code, the more significant changes are listed below. Code sections that conflict or duplicate the nuisance ordinance will be deleted. · The IPMC applies to both residential and non-residential structures · Occupancy limitations are based on square footage only · Will not interfere with any current zoning requirements · The IPMC is not a code compliance document · Code applies to both rental and owner occupied structures · The code puts additional responsibilities on tenants · Improved life/safety requirements in regards to smoke detection · Code requirements are condensed and easier to understand · Code is updated every three years - 1903- 'I'_ABLE OF CONTENTS CHAPTER 1 Section 101 102 103 ADMINISTRATION ................ 1 General ................................... 1 Applicability ............................... 1 Department of Property Maintenance Inspection ............................... 1 104 Duties and Powers of the Code Official ......... 2 105 Approval .................................. 2 106 Violations ................................. 3 107 Notices and Orders .......................... 3 108 Unsafe Structures and Equipment .............. 3 109 Emergency Measures ........................ 4 1 i0 Demolition ................................ 4 111 Means of Appeal ........................... 5 CHAPTER 2 DEFINITIONS ..................... 7 Section 201 General ................................... 7 202 General Definitions ......................... 7 CHAPTER 3 GENERAL REQUIREMENTS ....... 9 Section 301 General ................................... 9 302 Exterior Property Areas ...................... 9 303 Exterior Structure ........................... 9 304 Interior Structure .......................... 10 305 Rubbish and Garbage ....................... 11 306 Extermination ............................. I 1 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS ...... 13 Section 401 General .................................. 13 402 Light .............. : ..................... 13 403 Ventilation ............................... 13 404 Occupancy Limitations ..................... 13 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS ....... 15 Section 501 General .................................. 15 502 Required Facilities ......................... 15 503 Toilet Rooms ............................. 15 504 Plumbing Systems and Fixtures .............. 15 505 Water System ............................. 15 506 Sanitary Drainage System ................... 16 507 Storm Drainage ........................... 16 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS .......... - ....... 17 Section 601 General .................................. 17 602 Heating Facilities .......................... 17 603 Mechanical Equipment ..................... 17 604 Electrical Facilities ........................ 17 605 Electrical Equipment ....................... 18 606 Elevators, Escalators and Dumbwaiters ........ 18 607 Duct Systems ............................. 18 CHAPTER 7 FIRE SAFETY REQUIREMENTS ................. 19 Section 701 General .................................. 19 702 Means of Egress ........................... i 703 Fire-Resistance Ratings ..................... 19 704 Fire Protection Systems .... - ................. 19 CHAPTER 8 REFERENCED STANDARDS ...... 21 INDEX ........................................ 23 2000 INTERNATIONAL PROPERTY MAINTENANCE COE- '~ 904- CHAPTER' 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Property Maintenance Code of [NAME OF JURISDICTION], hereinafter re- ferred to as "this code." 101.2 Scope. The provisions of this code shall apply to all exist- ing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the ele- ments, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy, of existing structures and premises, and for administration, enforcement and penal- ties. 101.3 Intent. This code shall be construed to secure its ex- pressed intent, which is to ensure public health, safety and wel- fare insofar as they are affected by the continued occupancy maintenance of structures and premises. Existing stmc- and premises that do not comply with these provisions be altered or repaired to provide a minimum level of health and safety as required herein. 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remain- ing portions of this code. SECTION 102 APPLICABILITY 102.1 General. Thc provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sec- tions of this code specify different requirements, the most re- strictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The re- quirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be re- sponsible for the maintenance of buildings, structures and pre- mises. ceo.3 Application of other codes. Repairs, additions or altera- s to a structure, or changes of occupancy, shall be done in rdance with the procedures and provisions of the Interna- l tional Building Code, International Plumbing Code, Interna- tional Mechanical Code, International Fuel Gas Code and the ICC Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the juris- diction or its officers or agencies relating to the removal or de- molition of any structure which is dangerous, unsafe and insanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enfomement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced codes and standards. The codes and stan- dards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differ- ences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION 103.1 General. The department of property maintenance in- spection is hereby created and the executive official in charge thereof shall be known as the code official. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code.official, other related technical officers, inspectors and other employees. 103.4 Restriction of employees. An official or employee con- nected with the enforcement of this code, except one whose only connection is that of a member of the board of appeals es- tablished under the provisions of Section 111, shall not be eh- 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® - 1905- ~ 103.5 - 105.3.1 ADMINISTRATION gaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construc- tion, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee en- gage in any work that conflicts with official duties or with the interests of the department. 103.5 Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage ac- cruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the 'provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property mainte- nance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provi- sions or by reason of any act or omission in the performance of official duties in connection therewith. 103.6 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General, The code official shall enforce the provisions of this code. 104.2 Rule-making authority. The code official shall have au- thority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate roles and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable be-. cause of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance re- qukements specifically provided for in this code, or of violat- ing accepted engineering methods involving public safety. 104.3 Inspections. The code official shall make all of the re- quired inspections, or shall accept reports of inspection by ap- proved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104,4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is au- thorized to pursue recourse as provided bY law. 104.5 Identification. The code official shall carry proper iden- tification when inspecting structures or premises in the perfor- mance of duties under this code. 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 104.7 Department records. The code official shall keep offi- cial records of all busiuess and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or struc- ture to which such records relate remains in existence, unless otherwise provided for by other regulations. 104.8 Coordination of inspections. Whenever in the enforce- ment of this code or another code or ordinance, the responsibil- ity of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practica- ble so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or con- flicting orders. Whenever an inspector from any agency or de- partment observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspec- tor's authority to enforce, the inspector shall report the findings to the code official having jurisdiction. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code of- ficial shall have the authority to grant modifications for individ- ual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and pur- pose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the de- partment files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code offi- cial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the mate- rial, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fu:e resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the ab- - 1906- ooo INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION 105.3.2 - 108.1.2 sence of recognized and accepted test methods, the code of- ficial shall approve the testing procedures. 105.3.2 Testing agency. All tests shall be performed by an approved agency. 105.3.3 Test reports. Reports of tests shall be retained by the code official for the period required for retention of pub- lic records. 105.4 Material and equipment reuse. Materials, equipment land devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces- sary, placed in good and proper working condition and ap- . proved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall insti- tute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or ter- mination of the unlawful occupancy of the structure in viola- tion of the provisions of this code or of the order or direction made pursuant thereto. 106.4 Violation penalties. Any person who shall violate a pro- vision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation con- tinues after due notice has been served shall be deemed a sepa- rate offense. 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the ju- risdiction from instituting appropriate action to restrain, cor- rect or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con- duct, business or utilization of the building, structure or pre- mises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a vi- olation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in Sec- tions 107.2 and 107.3. Notices for condemnation procedures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE'_- '~ 907- 2. Include a description of the real estate sufficient for iden- tification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro- visions of this code. 5. Inform the property owner of the right to appeal. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about, the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, trans- feree, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur- nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by ~he code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not provid- ing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structur- ally unsafe, or of such faulty construction or unstable foun- dation, that partial or complete collapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 - 110.1 ADMINISTRATION 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment re- quired by this code, or because the location of the structure constitutes a hazard to the occupants of the'structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or oc- cupied contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation a]ad occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of eondernaation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises I to be closed and secure.d through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the Istructure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.3 Notice. 'Whenever the code official has condemned a structure or equipment under the provisions of this section, no- tice shall be posted in a conspicuous place in or abou~ the struc- ture affected by such notice and served on the owner or the 'person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, Operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or re- moves a condemnation placard without the approval of the code official shal[ be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shal~ be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in thc opinion of thc code offi- ciai, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any structure or pan of a structure has fallen and life is endangered by the eccu- pation of the structure, or when there is actual or potential dan- ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for may person to enter such structure except for the purpose of curing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or or- der the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and pro- hibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. AnY person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per- son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise un- - 1 908 -2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION 110.2 - 111.8 fit for human habitation or occupancy, and such that it is unrea- sonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessa- tion of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the struct~ure to be demolished and re- moved, either through an available public agency or by contract or arrangement with private persons, and the cost of such de- molition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig- nated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the re- port shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 Idays after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true in- tent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not I fully apply, or the requirements of this code are adequately sat- isfied by other means, or that the strict application of any re- quirement of this code would cause an undue hardship. 111.2 Membership of board. The board of appeals shall con- Isist of a minimum of three members who are qualified by expe- rience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be ap- pointed by the chief appointing authority, and shall serve stag- gered and overlapping terms. · 111.2.1 Alternate members. The chief appointing author- ity shall ~ppoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board member- ship. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE- '1909- 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, profes- sional or financial interest. 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representa- tive, the code official and any person whose interests are af- fected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board member- ship. 111.4.1 Procedure. The board shall adopt and make avail- able to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's represen- tative shall have the right to request a postponement of the hear- ing. 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a ma- jority of the total number of, appointed board members. 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. 111.6.2 Administration. The code official shall take imme- diate action in accordance with the decision of the board. 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropri- ate court for a writ of certiorari to correct errors of law. Applica- tion for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of the notice and order until the appeal is heard by the ap- peals board. CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense in- clude the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plu- ral and the plural, the singular. 201,3 Terms defined in other codes. Where terms are not de- fined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, In- ternational Plumbing Code, International Mechanical Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit;' "dwelling," "premises," "building," "rooming house," "rooming unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." SECTION 202 GENERAL DEFINITIONS APPROVED. Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATIS~.ROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes. CODE OFFICIAL. The official who is charged with the ad- ministration and enforcement of this code, or any duly autho- rized representative. CONDEMN, To adjudge unfit for occupancy. DWELLING UNIT. A single unit providing complete, inde- pendent living facilities for one or more persons, including per- manent provisions for living, sleeping, eating, cooking and sanitation. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or opera- tors of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by re- moving .or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD. A building component or a system of building com- ponents located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walk- ing surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleep- ing, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable. spaces. IMMINENT DANGER. A condition which could cause seri- ous or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identify- ing mark of a nationally recognized testing laboratory, inspec tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufac- turer attests to compliance with applicable nationally recog- nized standards. LET FOR OCCUPANCY OR LET. ~o permit, provide or of- fer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a re- corded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such pe~ son, and the executor or administrator of the estate of such per. son if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODI- 1 910- 7 A lot, plot or parcel of land including any struc- tures thereon. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occu- pied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove crimi- nal intent as a part of its case. It is enough to prove that the de- fend/mt either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. ROOM. A room containing a water closet or urinal not a bathtub or shower. VENTILATION. The natural or mechanical process of sup- plying conditioned or unconditioned air to, or removing such air from,/my space. WORKMANLIKE. Executed in a skilled manner; e.g., gener- ally plumb, level, square, in line, undamaged and without mar- ring adjacent work. YARD. An open space on the same lot with a structure. - 1 911 - 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Respo~ibility. The owner of the premises shall main- rain the smactures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit are respon- sible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that. part of the exterior property which such oc- cupant occupies or controls in a clean and sanitary condition. 302,2 Grading and drainage, All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. '~, All premises and exterior property shall b~ mined free ~d or plant growth ~10 inches (254 mm) ~ohibited. Weeds shall be defined as all~ p~getation, other than tree not in- 302,5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where .rodents.are found, they shall be promptly exterminated by ap- proved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to elimi- nate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abut- ting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Ail accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.7.1 Gates. Gates which are required to be self-closing and self-latching in accordance with. the International Building Code shall be maintained such that the gate will · positively close and latch when released from a still position of 6 inches (152 nun) from the gatepost. 302.7.2 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. ~t. or°t°r vehicles. Except as provided for in other reguJ~ noperative or unlicensed motor vehicle sh>a~be stored on any premises, and no vehic~hall at any time be'is,~ state of major disassembly, disre~u:, or in the process of bein~s~ipped or dismantled. PainJi~fg of vehicles is prohibited unless cb~cted inside an~l~f'oved spray booth. E~~y ty~m permitted to undergo ~~ work, provided that such ~d insid.;~"sh,~ture or similarly enclosed area designed and a.~ved for s'~urposes. 302~ers'0K,shail willfully or ~~ce.any e~r surface of by ~~ree~h~ ~n~i?!ilo.f_a~.~o_~_~,offir~to.re s aid~- repast. SECTION 303 EXTERIOR STRUCTURE. 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 303.2 Protective treatment~ All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and de- cay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and sur- faces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surface., with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE- ~ 912- 9 IF] 303.3 - 304.5 GENERAL REQUIREMENTS 1~.3 Premises identification. Buildings shall hav_~,..ap~ ~groved a~..q.~mbers placed in a pos_it_ion ~o~e~i- ~ .o.r~g the property. These numbers shall con~_.~,a~heir background. Address numbers shall be~merals or~t letters. Numbers shall be ' ' minimum 303.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 303.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be Ikept in such condition so as to preveut the entry of rodents and other pests. 303.6 Exterior walls. All exteri, or walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and fi'ce from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. Decorative features. All cornices, belt courses, corbels, cotta trim, wall facings and similar decorative features ~e maintained in good repair with proper anchorage and in a safe condition. 303.9 Overhang extensions. All overhang extensions includ- ling, but not limited to canopies, marquees, signs, metal awn- ings, frre escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored ~0 as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- m~, lng materials, such as paint or similar surface treatment. 303.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 303.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally, safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 303.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Window, skylight and door frames. Every window, door and frame shall be kept in sound condition, good repair and weather tight. 303.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 303.13.20penable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 303.14 Insect screens. During the period from [DATE] to [D^TE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or uti- lized in food for human consumption are processed, manufac- tured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shah have a self- closing device in good working condition. Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 303.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 303.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 303.17 Guards fi)r basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. ! SECTION 304 INTERIOR STRUCTURE 304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the struc- ture and exterior property. 304.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 304.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be ! repaired, removed, or covered. Cracked or loose plaster, de- l cayed wood, and other defective surface conditions shall be corrected. 304.4 Stairs and walking surfaces. Every stair, ramp, landing, I balcony, porch, deck or other walking surface shall be main- I tained in sound condition and good repair. 304.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. - 1913-~)°° INTERNATIONAL PROPERTY MAINTENANCE CODE® GENERAL REQUIREMENTS 304.6 - 306.5 304.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. 305.2 dispose such SECTION 305 RUBBISH AND GARBAGE Accumulation of rubbish or garbage. All and premises, and the interior of every structure, s from any accumulation of rubbish or garbage. Every occupant of a placing approved containers. mcr of every dwelling g: mechanical of every oc- cupied lhall supply approved containers for rubbish owner of the prem shall be responsi- ble for rubbish. shall dispose of garbage in a manner by placing such garbage in an approved disposal facility or ap- proved garbage containers. 305.3.1 Garbage shall supply one of~ food waste each dwellin t~an approved incin- erator unit in :ture availabl th~,qccupants in each dwelling unil an approved leakproof, bo, vered, outside garbage c~9t . ~ 305.3.2fl[onl ~rs The operator of ev..er.y est~ishment hg ga ~, sl tall provide, and at all times calve to be ., approved leakproof containers pro.vi.ded'~ith tting covers for the storage of such materials untie- from the premises for disposal. \ 306.5 Occupant. The occupant of any structure shall be re- sponsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermina- tion. SECTION 306 EXTERMINATION 306.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or ro- dents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After ex- termination, proper precautions shall be taken to prevent reinfestation. 306.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. 306.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsi- ble for extermination on the premises. 306.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a room- ing house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by hilure of an occu- pant to prevent such infestation in the area occupied, the occu- pant shall be responsible for extermination. 2000 INTERNATIONAL PROPERTY MAINTENANCE COD:-'~ 914- 11. CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli- ance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any pre- raises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or me- chanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the out- doors or to a court, The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural hght for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two- family dwellings, shall be lighted at all times with at least a 60- watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be il- luminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE_ '[ 915- sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the win- dow in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m:). The ventilation open- ings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habit- able spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechani- cal ventilation system. Air exhausted by a mechanical ventila- tion system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certifi- cate of occupancy, cooking shall not be permitted in any room- ing unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormi- tory unit. Exception: Where specifically approved in writing by the code official. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local ex- haust ventilation system shall be provided to remove the con- taminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems [ shall be independent of all other systems and shall be exhausted 1 in accordance with the manufacturer's instructions. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be sep- arate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan di- mension. Kitchens shall have a clear passageway of not less 13 40~,.3 - 404.7 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS than 3 feet (914 mm) between counterfronts and appliances or counterfronts and wails.. 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, gird- ers, dUcts and similar obstructions, 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5'feet (1524 nun) or more shall be included. 404.4 Bedroom requirements. Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Area for sleeping purposes. Every bedroom occu- pied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access to other bedrooms or habit- able spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not lim- ited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing fa- cilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle require-. merits of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the ra/nimum area require- ments of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET 6 or more SPACE 1-2 occupants 3-5 occupants occupants Living ~oom~'b No requirements 120' 150 Dining rooma,b No requirements 80 100 Kitchenb 50 50 60 Bedrooms Shall comply with Section 404.4 For SI: 1 square foot = 0.093 m2, a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area re- quired by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleep- ing purposes. All sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and din- ing room spaces shall comply with the requirements of Ta- ble 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shail have a clear floor area of not less than 320 square feet (29.7 m~). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom con- raining a water closet, lavatory, and bathtub or shower. 4. The maximum number of occupants shail be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for tem- porary storage. - 1916- 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the require- ments of this chapter. 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' regular working area. The required toilet facilities shall be located not more than one story above or below the employees' regular working area and the path of travel to such facilities shall not exceed a dis- tance of 500 feet (152 m). Employee facilities shall either be separate facilities or public customer facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the em- ployees' regular working area to the facilities. SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shallbe maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to em- ployees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or dis- posable cups next to a sink or water dispenser. Drinking cilities shall not be located in toilet rooms or bathrooms. SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide pri- vacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking de- vice shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have ac- cess from a common hall or passageway. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE- ~ 917- SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General. All plumbing fixtures shall be · properly in- stalled and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of per- forming the function for which such plumbing fixtures are de- signed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have ade- quate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, inade- quate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to elimi- nate the hazard. ' SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drink- ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an ap- proved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. 505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fix- tures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum 15 505,3 - 507.1 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS breaker or an approved permanently attached hose connection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pres- sures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120°F (49°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus- tion air is provided. An approved combination temperature and pressure.relief valve and relief vhlve discharge pipe shall be properly installed and maintained on water heaters. ' SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. Ail pl,umbing fixtures shall be properly con- nected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from ob- structions, leaks and defects. SECTION 507 STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas, .yards and courts, and other open areas on the premises shall not be dis- charged in a manner that creates a public nuisance. - 1918-;ooo INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the · minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall bc provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 65°F (1 g°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or im- plied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a tempera- ture of not less than 65°F (18°C) in all habitable rooms, hath- rooms, and toilet rooms. Exception: When the outdoor temperature is below the win- ter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required pro- vided that the heating system is operating at its full design ca- pacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the Interna- tional Plumbing Code. 602.40ccupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] tO maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied. Exceptions: I. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vig- orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor ZOO0 INTERNATIONAL PROPERTY MAINTENANCE CODE,- '~ 919- near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible ma- terials shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to re- duce fuel consumption by attachment to a fuel-burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the re- quirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional fa- cilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single- phase electrical service having a rating of not less than 60 am- peres. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. 17 605 - 607.1 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Ev- ery laundry area shall contain at least one grounded-type recep- tacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit inter- rupter protection. 605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at leastpne electric lighting fixture, SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate prop- erly, and to be free from physical and lure hazards. The most current certificate of inspedtion shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall bc maintained free of ob- structions and shall be capable of performing the required func- tion. 18 - 1920- °°° INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com- pliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any pre- mises that do not comply with the requirements of this chapter. SECTION 702 MEANS OF EGRESS 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. I [F] 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. [Fl 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the In- ternational Building Code. [BI 702.4 Emergency escape openings. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emer- gency escape and rescue openings provided the minimum net clear opening size complies with the International Building Code and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates, or similar de- vices are installed in existing buildings, smoke detectors shall be installed in accordance with Section 704. [Fl SECTION 703 FIRE-RESISTANCE RATINGS 703.1 Fire-resistance-rated assemblies. The required fire-re- sistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or ob- structed or otherwise made inoperable. IF] SECTION 704 FIRE PROTECTION SYSTEMS 704.1 Smoke detectors. Existing Group R occupancies not al- ready provided with single-station smoke alarms shall be pro- vided with approved single-station smoke alarms. 704.2 Installation. Approved single-station smoke alarms shall be installed in existing dwelling units, congregate resi- dences, and hotel and lodging house guestrooms. Installation shall be in accordance with the International Fire Code. 704.3 Power source. In Group R occupancies, single-station smoke alarms shall be battery operated or shall receive their primary power from the building wiring provided that such wiring is served from a commercial source. When power is pro- vided by the building wiring, the wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE- 1 921 - ~9 CHAPTER 8 REFERENCED STANDARDS This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the pro- mulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. ICC International Code Council 5203 Leesburg Pike, Suite 600 Falls Church, VA 22041 Standard Referenced reference in code number Tide section number EC--2000 IBC--2000 IFC--2000 IFGC--2000 IMC--2000 IPC--2000 IZC--2000 ICC Electrical CodeTM -- Administrative Provisions ............. . .................................... 102.3, 201.3,604.2 /.ntemafional Building Code® ................................................ 102.3,201.3,302.7.1,401.3, 702.3,-702.4 International Fire Code® ................................................................. 201.3,702.2, 703.1,704.2 International Fuel Gas Code® ............................................................................. 102.3 International Mechanical Code® ...................................................................... 102.3,201.3 International Plumbing Code® ....................................................... 102.3, 201.3,505.1,602.2, 602.3 International Zoning Code® ......................................................................... 102.3,201.3 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE'- 1922- 2~ 5341 MAYWOOD ROAD MOUND, MN 55364-1687 CITY OF MOUND PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com MEMORANDUM DATE: April 18, 2003 TO: Mayor Meisel, City Council Members and City Manager Kandis Hanson FROM: Docks and Commons Advisory Commission Request for City Council Review of the Fire Department Dock Request Attached you will find a copies of the letter the DCAC received from the Mound Fire Department on April 8, 2003, requesting a common dock space be allocated to them, and the memo from Jim Fackler indicating staff's support of issuing this dock space at no charge to the Fire Department. Following discussion, the DCAC did approve issuance of a dock at Carlson Park, with the stipulation that the Fire Department be charged the same fee as any other dock holder. It should be noted that Jim Fackler did speak with Fire Chief Greg Pederson following the meeting to update him on the dock request. Pederson stated that he had no problem with the Fire Department paying the dock fee. In further discussion, the DCAC requested that this issue be forwarded to the City Council for final approval should the wording in the ordinance need to be changed to allow for this specific instance. A copy of the draft of the DCAC minutes from the April 17, 2003 meeting with regard to this issue is also attached. printed on recycled paper - 1923- DOCK AND COMMONS ADVISORY COMMISSION MINUTES April 17, 2003 Present: Commissioners Jim Funk, Gerald Jones, Greg Eurich, Mark Goldberg, Frank Ahrens, Council Representative Mark I-Ianus Also Present: Parks Director Jim Fackler, Docks Administrator Katie HolT, Secretary Denice Widmer Chair, Jim Funk, called the meeting to order at 7:33pm. APPROVAL OF MARCH 20, 2003 MINUTES MOTION by Jones to approve the minutes. AGENDA CHANGES None COM3~IENTS AND SUGGESTIONS None DISCUSS: RELEASE OF by Funk. Motion Applicams: Mark and Gail Ha~s, * It should Fackler gave portion Funk. COok, Brace and Sharon Hanus ~pped down for this discussion. and staff review. Advised that release 'of this property. Mark for the other applicants and gave a brief followed with commissioners agreeing' would not set a precedent and would not have a program. make a recommendation to the City Council to release a land adjacent to 4458-4446 Denbigh Rd. SECOND by Hanus returned to the panel. Fackler gave a brief ove~ew of this request, stating that the Fire Departmem had been given a dock at Carlson Park. Discussion on fees followed. MOTION by Eurich to grant the Fire Department Request for a dock at no charge. Motion failed due to lack of a second. - 1924- e m MOTION by Goldberg to allow the Fire Department Request for a dock with a charge. SECOND by Funk. Discussion followed. Hanus withdrew his amendment recommending that the request go to the City Council. Ahrens expressed his concern over the legality of this issue. Goldberg then amended his motion. MOTION by Goldberg to approve the Fire Department request for a dock at the current fee paid by any other slip holder, and to make a change to the ordinance, if required, to allow for this specific instance. SECOND by Jones~ Discussion followed regarding lack of space for non-emergency vehicle parking. MOTION by Ahrens to amend the motion, adding that theDCAC recommends the DCAC approval of the Fire Department request for a ~ckat the current fee paid by any other slip holder, and to make a change ~a:the ordinance, if required, to allow for this specific instance, be sent to the Ci~'::'CO~cil for final approval. Motion carried. .. REVIEW. MAY AGENDA CALEND~R~ Fackler will request actual figures for 200gand a Copy of the app~:~d bUdget for 2003. REPORTS: ~.. None MOTION by Funk to adjourn Meeting , b~ Ahrens. Motion carried. - 1925- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com MEMORANDUM TO: FROM: DATE: RE: DCAC Jim Fackler, Parks Dlrecto~ April 9, 2003 Fire Department Slip This memo is in response to the attached letter I received from Fire Chief, Greg Pederson, requesting a dock space for the Mound Fire Department rescue boat. Staff supports the issuing of a vacant slip site at the Carlson Multiple Slip Dock. The mooring of the boat shall follow the rules and guidelines established for the Multiple Slip Dock Program. Staff also recommends that no slip fee be charged. This issue does not have to go before the Council for approval. It will be handled administratively upon DCAC approval. printed on recycled paper - 1926- 2415 Wilshire Blvd. Mound, Minnesota 55364 TO: Docks and Commons Advisory Commission FROM: Grog Pederson - Mound Fire Chief SUBJECT: Dock Space for Fire Boat DATE: April 8, 2003 In 2002 the Mound Fire Department purchased and put in service a new 19' Silver Wolf Fire and Rescue Boat. During the "Open Water" season in 2002, firefighters were forced to trailer and unload this boat for all water emergencies. This trailering process was very time consuming, which resulted in slow response times. In an effort to improve our response capabilities when responding to water related emergencies, I am requesting a common dock space be allocated to the Mound Fire Department. Jim Fackler has suggested an available spot on Bartlett Blvd. which seems to be a very good, central location. Thank you for your consideration. Respectfully, Grog Pederson Mound Fire Chief - 1927- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: From: Date: Re: Honorable Mayor and City Council Sarah Smith / Jim Fackler 5/9/2003 Dock Application - 5446 Bartlett Blvd Title Search At its April 8, 2003 meeting, the City Council tabled the dock application submitted by Martin Sarempa for placement of a dock at 5446 Bartlett Boulevard to allow time to respond to an inquiry from Mayor Meisel regarding a covenant and/or deed restriction on the property that would prohibit the placement of a dock in this location. Members are advised that the City Attorney has obtained a copy of the Certificate of Title for the subject property from Hennepin County. Based upon review of the document, it would appear that there is no restriction on the deed which would prevent the placement of a dock. The Certificate of Title does, however, include a memorial of estates, easements or changes on the land described in the Certificate of Title in favor of the City of Mound (Document No. 1378105) in 1980 for street, utilities, park and wetlands purposes and was the result of a 1979 settlement agreement with Beachside Lane Developers and the City of Mound regarding a tax- forfeit property. Floodplain Fill / Compensation Plan Update As discussed at the meeting, some fill was brought on site last fall without proper permits and City staff is working with the applicant to resolve the issue(s). While City staff has determined that the amount of fill placed in the wetland is under the 400 SF deminimus exemption for the the 1991 Wetland Conservation Act, an underdetermined amount of fill was placed within the 931.0 floodplain without adequate compensation. Unfortunately, due to seasonal issues and hiring of an alternate consulting engineer by the applicant, implementation of the floodplain alteration plan has been delayed. Members of the Council are advised that it is City staff's belief that the matter should be resolved shortly as it is anticipated that the new survey and floodplain fill compensation plan will be delivered within the next few weeks as recently discussed with Meg Jeffrey of Schoell and Madson. As stated previously, Schoell & Madson has been retained to do the following work for the applicant: · Wetland edge delineation (May 15~') - 1928- · Preparation of wetland deminimus exemption application · Calculation of floodplain fill amount · Preparation of floodplain compensation plan and application · Page 2 - 1929- CITY OF MOUND RESOLUTION NO. 02-.__ RESOLUTION TO APPROVE A REQUEST BY MARTIN SARENPA FOR A DOCK AT 5446 BARTLETT BOULEVARD, MOUND, MN 55364 WHEREAS, the applicant is requesting a dock be installed at 5446 Bartlett Blvd, WHEREAS, City Code Section 320, requires City Council approval by a majority vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons; and WHEREAS, the Docks and Commons Advisory Commission considered the request at its March 20, 2003 meeting and unanimously recommended approval of the applicant's request with the following restrictions: 1. That only one boat is allowed to be moored due to side setbacks, water depth and dock length. WHEREAS, the City Council considered this request at their meeting of NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Dock Request submitted by Martin Sarenpa, The foregoing resolution was moved by Councilmember and seconded by Councilmember The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel ' 1930- May-0?-03 From-Kennedy & Graven +61~379310 T-$09 P. OOZ/O0$ F-672 ~ ~ HDmim. CERTIFICATE OF TITLE A,I). lllb~' OI~T~II~T CaUAT N&f&) t~&4& ¥,.duae 12~ ~a~ ~o29~ REGISTRATION [,, now tho ewnm{s) of on o~tito in ~H) simple d and in the ~ll~g d~bed li~ shu~ad in fha ~un~ of Hen~pb end S~Atm M Min~, to nfld y~,~terl~ of n Ilfle de~rribud nn t'nll,fv~; Subject to the oncunbri~ces, liens and In/e~! noted ~ the momrbl un~t~n ar ended h~oK a~ ~ lo the follow~g rights ar t~cu~lnHs subsiding, es ~ded In the ~my,~nh Hfllon d ~ ~nd the title t~o" of the Genw~l I~s of tho Sta~ d ~e~a fm tho yBir I~, and t~ a~ndm~s 4, AB ~flts In ~k h~e~ u~ Ih h~ &. Su~ ~leht O~ ap~ ne lIBel M ~ end ~t ¢~ .pplJ~la- a~ b ~ ~ ~w, . 32(,L tL 31810} IN WIINESS WHEREOF, I rrJa~ hereunto wlnctlbi~[ my ~ ~ .~ ~ 1kb E~ghch dq ~ J~ 1985 ~O~AL .,.~ eF ,,~Z,~ o~s ~, .S~,~..T,O. P . . . .................... Au~ ' [ Deed ~Jan.]8 1980 Apy 16.19~0 8 .. ~ I - 1931 - ~ay-07-03 08:~i4 From-Kannecly /, Graven +61:~3379310 T-509 P.003/005 ;-672 Search By: Prope~y ID ~ Address ~'"' ,:' Addition Name HOUSE or BUILDING #: STREET NAME: (at least first $ characters) ]Ba~lett UNIT # (if applicable) ~'---~ records per page County, MN, Property Information Search Result The H~nn~pin Coumy Property Tax web database is updated daily (Monday -Friday} at approximately 9: l S p. rn. (CST) Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Parcel Data for Taxes Payable 2003 Click Here for State Copy of Payable 2003 Tax S~atement vi.,,~.~ .~ ~ ~;~,~.~ o~on~:l 24-117-24-22-0003 5446 BARTLETT BLVD MOUND 277 Construction year: 1938 3 Parcel Size: IRREGULZ MARTIN SARENPA MARTIN SARENPA 4975 INDUSTRIAL ST MAPLE PLAIN MN 55359 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and warranted to represent arms-length-tl~m~tions. Sale Date: ,.,~ ~ .August, 2002-!~ Sale Price: ~[,~w.. Il.. $242,000 ' '~ Transaction Type~ Tax Parcel Description Addition Name: AUDITOR'S SUBD. NO. 17D Lot: 019 Block; Metes & Bounds: BEG ATTHE SE COR OF LOT 19 TH SWLY TO THE SE COR OF CHANNEL TOWN TH NVVLY TO NELY COR THOF TH NELY ALONG THE EXTENSION OF THE Note: This is a Partial Metes & Bounds Descripti To receive full tax parcel description, email requ to taxdescription@co.hennepin,mn.us Value and Tax Summary for Taxes Payable 2003 Values Established by Assessor as of Januamj 2, 2002 Estimated Market Value: $204,000 Umited Market Value: $17~,1400 Taxable Market Value: $178,400 Total Improvement Amount: http ;ffwww2, c o. henncpin, mn. u s/p ins/ad dm: suit .j sp - 1932- 5/6/2003 May-07-03 08:54 From-Kennedy & Graven +812337'9310 T-509 P.004/005 F-$?Z Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status $2,107.59 $$3.87 $:2-,141,46 ~ Proport~ Information Detail for Taxes Payable 2003 Values Established by Assessor as of January 2, 2002 Values: $96,000 $108,000 $204,000 $84,000 $94,400 $178,400 RESIDENTIAL LAKE SHORE HOMESTEAD 12938 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 col 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( e-mail to Henn. Net@co,hennepin.mn.us I Taxpayer Sem~ces ~ ; ..... .'Services '"~ '..:~.;' .:..:._........_.: .............. ~'i ~ .L Copyright © '1998 - 2001 Hennepin County http://www2.co.hcnncp~J~.mn_us/pins/addzvesult_jsp - 1933- 5/6/2003 Itennepin County Map Server Click on map tO.,. view information on adjoining properties ScrOll down, %o see' property address, value & tax info Page 1 of 1 L~mt updlt~'.' 10/03/2002 mt 1:00:00 PM .' ... Propert~ P~r~ter Prop~t~ ~e= ' · , .... = 24,~ 17-24-22~003 505 R. ~' ~..~ ~$cres Proper~y ~ess ~rket Value .. Tota~ (2002) 5446 ~TLETT BL~ ...:: MOUND, ~ 55364 ~: ·.: Click on PrOperty Information Button bel~w t0'vie~'ms[~ .'..lax information p~? for tM:pro?~ y~u have., .sel.0ct~d, " '{.i~!i'~'~. · ' · ''' - .' ~"~',i~~' "i This Information Is to be used for reference purposes only. Hennepln County ~es n$!:gU.a..,~t~,.e tho. . accuracy of the material herein contained,and is not responsible for any misuse of this Information or ~ derivatives. If ma~ disO~el~snoles ere found, please contact Henneplr~ County Surveyors Office at (8i2) 34S~2el.8:ior small him dlrecfly st Bo~,Mould~f~C~.~snne"ln.mn;us Thi qu.a. llb/of the display may'be influenced by your screen slze~'ind resolution setting, and is best viewed at 800{660 Scri~n r~ioki~t0n.. .)' . This application requires Interest Explorer 3.02 or Netscape 2:b1' or latar:va'~sisn for proper operation .Copyright'g> 2000 Hennepin County - 1934- Ma¥-OT-03 08:54 From-Kennedy & Graven (~ Plat System Series, Inc. GOVT LOT 3 +8128379310 T-500 P. 005/005 F-G?2 December 2002 Revised v .GOVT LOT (4} ; / / -1935- (¢At~[~L PI4OTO 1~691 COOK'S' BAY NORMAL WATER_ ELEVATION '1 ~UD. 170 I I .I I. 1 EXHIBIT A I I I I I I. C1'~¥ rLOOO-...~ / , F. LEVATION -7 / ' "~"'" i · J · T~r~ ~N'rERSE¢'nON OF' l'25(BARTLETT BLVD) /O Scale: f'=30' page ~ of 1. DATE: 5/24/02 James R. Hill, Inc, B~ONQARY iNFOI~:DiA'CJON PROVIDED : BY C~FC"iN ~.. GRONBERG, INC. ~ ~ BENCi~MARK: TOP. NUT HYDRANT AT 110 & CO. RD. - 1936- - 1937- 55O November 27, 1979 Councilmember Swanson moved the following resolution, RESOLUTION NO. 79 - 50.1 RESOLUTI.ON ARPRO~ING.~A STIPULATION OF SETTLEMENT ~ JOINT REQUEST OF BEACHSIDE!DEVELOPERS,iINC. & THE CITY OF MOUND TO BOARD OF HENNEPIN COUNTY COM- MISSIONERS RELATING TO THE DISPOSITION OF TAX FOR- FEITED LAND WHEREAS, the City. and Beachside Developers, Inc. have each made claim to certain lands forfeited to the State of Minnesota on March 13, 1979, and WHEREAS, the parties have met and believe they have reached a settlement which protects the public interest and will preVent undue hardship or injus- tice to the prior owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MI'NNESOTA: 1. The Mayor and City Manager are aUthorized and directed to execute the attached Stipulation of Settlement and Joint Request to the Board of Hennepin County Commissioners to settle a dispute between Beachside Developers, Inc. and the City of Mound. \ 2. The terms of the Stipulation attached and marked Exhibit A are hereby approved. 3. The Mayor, City Manager and City Attorney are authorized and directed to present this stipulation to the County Board and ask their approval of this land division and conveyance. A motion for the adoption of the foregoing resolution was'duly seconded by Mayor Lovaasen and upon vote being taken thereon; the following voted in.favor thereof; POlston, Swenson and Lovaasen, the following voted against the same; none; with Withhart and Ulrick being absent, whereupon said resolution was declared~passed and adopted, signed by the Mayor and his signature attested by the City Clerk. tt~st~. CMC City Clerk - 1938- 55~ November 27, 1979 Exhibit A STtPULLATtON OF SETTLEMENT & iJO~NT REQUEST OF BEACHStDE DEVELOpERS~ JNC, & THE CtTY'.QF MOUND TO BOARD OF HENNEPtN COUNTY' COMM?SS'~ONERS WHEREAS, Beachside Developers, Inc., was the fee owner of Parcel 5915 Plat 61290,.'~ District 85, City of Mound containing approximately 18-3/4 acres of land, and WHEREAS, on March 13,.197~,'said parcel was forfeited, to the State. of Mi. nnesota for-- failUre to pay taxes which were bid in by the State of Minnesota on May 14, 1973,'for delinquent taxes for the year 1972, and WHEREAS, the County of Hennepin acting through. Wayne A. Johnson., County Auditor, by Gordon L, Ramm, Deputy, properly served notice upon.the fee owners that the land was to gO tax forfeit and in'all respects, complied with all State stat- utes relating to delinquent taxes and tax'forfeiture, and WHEREAS,.on or ~bdu~ March 22, 1979, the prior owner, Beachside Developers, Inc., and the City of Mound both contacted Hennepi'n County and the. prior owner indicated a desire to repurchase said lands pursuant to Minnesota Statutes 282.421, and the City of Mound indicated tO Hennepin County' its desire to claim said land for public purposes, and WHEREAS, Beachside Developers, Inc. have executed a request to repurchase said lands a~d the City of Mound also f~lled two separate applications by a governmental subdivision for conveyance of tax forfeit lands to the City to be used for the following public purposes: streets, utilities, park and wetlands, and WHEREAS, the prior owner and the City have both requested the Board of County Commis- 'si'oners of Hennepin County to rul.in their favor and to convey the lands or execute a repurchase agreement and the County Administration has defer- red referring the matter to the Board of Commissioners because of the legal questions and legal rights of the parties and has sough advice from the County Attorney, and WHEREAS, the City Of Mound and Beachside Developers, Inc., have met and conferred and ~t has been determined by the parties that lands lying below the eleva- tion of 931,5 are wetlands and that the owner could not build on said lands as they are within the flood plain of the City of Modnd, and WHEREAS, the parti'es have now reached agreement as t° which lands can be conveyed to Beachside Developers, Inc., and which lands can be released' to the City of Mound for public purposes and have further agreed to waive any and ali claims they may have against Hennepin County or the State of Minnesota, NOW, THEREFORE, IT IS STIPULATED AND AGREED BY and between Beachside Developers, Inc., and the City of Mound, as follows: 1. The parties jointly petition the Board of County Commissioners to convey to the City of Mound the following described portion of Parcel 5915, Plat 61290, District 85, City of Mound: That part of the north 637,50 feet of Lot 8, SHIRLEY HILLS UNIT D, according to the recorded plat thereof, lying north of the westerly extension of the south line of Lot 13 of said SHIRLEY HILLS UNIT D, also - 1939- 553 November 27, 1.979 line of Lot 18 of said AUDITOR'S SUBDIVISION No. 170; thence northeasterly along said northeasterly extension line, to the intersection with the west line of Lot 20, of said AUDITOR'S SUBDIVISION No. 170; thence southerly along said west line, to. the northwest corner of Lot 32, of said THE BARTLES, PLACE, UPPER. LAKE MINNETONKA; thence southeasterly to a point on.the southerly line of said Lot 32 distant 20.00 feet northeasterly of the southwest corner of said Lot 32; thence northeasterly along the southerly lines of Lots 32, 31, 30, 29 and 28, of said .THE BARTLETT PLACE, UPPER LAKE MINNETONKA, to the southeast corner of said Lot 28; thence northerly along the east line of said Eot 28, to the northeast corner of said Lot 28; thence northeasterly along the southerly line of Lot 20, of said AUDITOR'S SUBDIVISION No. 170, to the southeast corner of Lot 20; thence northerly along the east line of said Lot 20, to the point of beginning. 2. The parties agree that the joint request set forth in paragraph 1 is in the best interests of Beachside Developers, Inc., as a private property owner and the City of Mound. representing the public interest and that said division will preserve and serve the public interest in this property and further that by .such a finding the Board of County Commis~ione. rs can determine that any undue hardship or injustice re- sulting from the tax forfeiture will be corrected and.the public interest preserved. 3. The parties further agree that if the County Board approves the above des- ckibed division.of l~and and conveys to the City of Mound for public purposes its share of said lands and authorized Beachside Developers, Inc., to repurchase the balance of said land, then and in that case the City and the developer release and and all claims they may have against the County of Hennepin and the State of Minne- sota relating to the tax forfeiture and the process under which the parties have pur- sued their rights in this action. They further agree to hold the County of Hennepin and the State of Minnesota harmless and request that said settlement be approved as aforedescribed to amicabl'y settle the dispute which has arisen between the parties. The City of Mound has also agreed that upon approval of this stipulation and convey- ance of said lands, Beachside Developers, Inc. will have satisfied any and all parks and wetlands dedication required under its subdivision ordinance for these properties. By: ~j/ By: Mayor ~- City Manager Apprdved by the City Council November 27, 1979 BEACHSIDE DEVELOPERS, INC. By: By: Its Its - 1940- 554 November 27, 1979 Councilmember Polston moved the following resolution, RESOLUTION NO. 79 - 502 RESOLUTION AUTHORIZING & DIRECTING THE MAYOR & MANAGER TO MAKE APPLICATION FOR CONVEYANCE FROM THE STATE FOR A PORTION OF PARCEL 5915 PLAT 61290 PID #24-117-24 22 0004 FOR STREET, UTILITIES, PARK AND WETLAND PURPOSES WHEREAS, the land in Plat 61290, Parcel 5915, PID #24-117-24 22 0004 in the City of.Mound is tax forfeit, and WHEREAS, it appears in the best interest of the City of Mound to obtain a portion of said land for street, utilities, park and wetlands. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That the Mayor and City Manager be, and hereby are, authorized and directed to make application to the State of Minnesota for conveyance for street, utilities, park and wetland purposes, the westerly portion of the tax for- feit land in Plat 61290 Parcel 5915 (PID #24-117-24 22 0004) described as follows: That part of the north 637.50 feet of Lot B, SHIRLEY HILLS UNIT D, accord- ing to the recorded plat thereof, lying north of the westerly extension of the south line of Lot 13 of said SHIRLEY HILLS UNIT D, also T~at part of the north 637.50 feet of Lot 34, AUDITOR'S SUBDIVISION No. 170, according to the recorded plat thereof, lying north of the westerly extension of the south line of said Lot 13, SHIRLEY HILLS UNIT D, also That part of Lots 19 and 20, of said AUDITOR'S SUBIDIVI~ION No. 170, according to the recorded plat thereof, described as follows: Beginning at the intersection of the east line of Lot 20, of said AUDITOR'S SUBDIVISION No. 170 with the westerly extension of the south line of Lot 13, of said SHIRLEY HILLS UNIT D; ~hence on an assumed bearing of West, along a line parallel' with the north line of Lot 20, of said AUDITOR'S SUBDIVISION No. 170, a distance of 51.00 feet; thence South 46 degrees West, 88.00 feet, thence South 40 degrees West, 121.OO feet; thence South 32 degrees West, 129.O0 feet; thence South 17 dgreees East, 89.00 feet; thence South 8 de- grees East, 201.OO feet; thence South 19 degrees West, 67.00 feet; thence South 41 degrees West, 58.00 feet; thence South 63 degrees 30 minutes West, 59.00 feet; thence South 5 degrees 30 minutes West, 120.OO feet to the northeasterly extension of the northerly line of Lot 18 of said AUDITOR'S SUBDIVISION No. 170; thence southwesterl~ along said northeasterly extension line and the northerly line of said Lot 18, to the southwest corner of Lot 19, of said AUDITOR'S SUB- DIVISION No. 170; thence northerly along the west line of said Lot 19, along the west line of said Lot 19, to the northwest corner of said Lot 19; thence east along the north line of said Lots 19 and 20, to - 1941 - 555 November 27, 1979 the northeast corner of said Lot 20; thence southerly along the east line of said Lot 20, to the point of beginning. A mot~ion for the adoption of the foregoing resolution was duly seconded by Council- member Swenson and upon vote being taken thereon; the following voted in fav6r thereof; Polston, Swenson and Lovaasen, the following voted against the same; none, with Withhart and Ulrick being absent, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor - Attest: ~MC City Clerk - 1942- To:City of Mound From: Martin Sarenpa 5446 Bartlett Blvd. Mound, MN 55364 Mailing Address:PO Box 335,Maple Plain, MN 55359 PE# 612-859-4600 This letter is go to mound city code 437.05,Subd.7. ,a. First Priority ,to get a dock in fi.om of property addressed 5446 Bartlett blvd,mound.thank you and any questions '31ease give me a call. Martin Sarenpa . - 1943- CiTY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com MEMORANDUM TO: FROM: DATE: RE: DCAC JiTM Fackler, Parks Direc~ Staff has found that another dock site could be established at Lost Lake Access that would be within the property lines of the apPlicant's property. (See attached drawing.) The site has side setbacks, cattails, water depth and dock length restrictions into navigable water, that will only allow one boat to be moored. 5341 Mayxvood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director (on behalf of City Departments) DATE: May 5, 2003 SUBJECT: Request for release of portion of Hennepin County tax-forfeited parcel APPLICANTS: Mark and Gail Hanus / Jack and Sandy Cook / Bruce and Sharon Johnson P1D: 19-117-23-24-0047 LOCATION: Adjacent to property located at 4446-4458 Denbigh Road SUMMARY Mark and Gail Hanus, Jack and Sandy Cook and Bruce and Sharon Johnson, who own properties located at 4446-4458 Denbigh Road, have submitted a request to the City of Mound to consider release of a portion of a Hennepin County tax-forfeit parcel (Lot 29) that lies between the applicants' extended side lot lines and the 929.4 Ordinary High Water Mark (OHWM). It is City staff's understanding that they would like to purchase the involved portion(s) of the subject lot as they have private docks located on the property. STAFF REVIEW Please refer to the Staff Report and StaffReport Addendum which have been included as attachments and includes background information regarding the subject site. POSAC REVIEW The request was reviewed by the Parks and Open Space Commission on April 10, 2003 who voted to recommend release. DCAC REVIEW The request was reviewed by the Docks and Commons Advisory Commission on April 17, 2003 who voted to recommend release. - 1945- PC REVIEW The request was reviewed by the Planning Commission on April 21, 2003 who voted five 5 to two (2) to recommend release. RESOLUTION A draft resolution based upon review of the request by the POSAC, DCAC and PC has been included for Council consideration 2 - 1946- CITY OF MOUND RESOLUTION # 03- CITY COUNCIL RESOLUTION AUTHORIZING HENNEPIN COUNTY TO BEGIN PROCESS TO RELEASE PORTION OF TAX-FORFEIT PARCEL PID # 19-117-23-24-0047 WHEREAS, the City of Mound received a request from Mark and Gail Hanus, Jack and Sandy Cook and Bruce and Sharon Johnson whose properties are located at 4446-4458 Denbigh Road on March 18, 2003, requesting a determination from the City Council whether or not it would authorize release of a portion of a tax- forfeit parcel that lies between the applicants' extended side lot lines and the 929.4 Ordinary High Water Mark (OHWM). WHEREAS, the applicants would like to purchase the involved portion of the tax-forfeit lot as they have private docks located on the property; and WHEREAS, the subject parcel is described by Hennepin County Taxpayer Services as PID # 19-117-23-24-0047; and WHEREAS, the request, including all applicable background information, was routed to all involved City departments for review and comment; and WHEREAS, no objections or concerns were received from the City departments; and WHEREAS, the request was referred to the Parks and Open Space Commission for review at its April 10, 2003 meeting who recommended to the City Council that it should be authorized for release by Hennepin County; and WHEREAS, the request was referred to the Docks and Commons Advisory Commission for review at its April 17, 2003 meeting who recommended to the Council that it should be authorized for release by Hennepin County; and - 1947- WttEREAS, the request was referred to the Planning Commission for review its April 21, 2003 meeting who voted 5 to 2 to recommend to the Council that it should be authorized for released by Hennepin County on the condition(s) that it be sold to adjacent property owners only and that the subdivision comes before the Planning Commission and City Council for formal review and approval; and WHEREAS, City of Mound Resolution No. 84-94 includes a policy regarding assessments placed on tax-forfeit properties which states that the City will certify any assessments to Hennepin County when the lots are released for private sale to adjoining property owners which allows the City to receive 80% of the value of the property to applied towards outstanding assessments under certain conditions; and WHEREAS, the opportunity to put tax-forfeit parcels back on the tax rolls is viewed as positive by the City of Mound; and WHEREAS, the involved portion of the tax-forfeit lot includes privately owned docks by the applicants and is generally not accessible or used by the public in this area. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mound as follows: 1. Hennepin County should begin the formal process to commence release of a portion of the tax-forfeit property described as PID No. 19-117-23-24-0047. 2. If the property is released, it should be offered for sale and combined with adjacent properties only 3. The proposal will require subdivision approval from the City of Mound including the sUbmittal of all required information. 4. Any deficient special assessments on file which occurred prior to forfeiture and are unpaid shall be certified to Hennepin County prior to release of the property. 5. Any proceeds regarding the proposed sale of the subject parcel or portion thereof shall follow the policies contained in Resolution No. 84-94. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: - 1948- Adopted May 13, 2003 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk - 1949- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION APRIL 21, 2003 6. OLD / NEW BUSINESS a. Release of portion of tax-forfeit parcel - 4400 block of Denbigh Road Smith indicated this was a preliminary review of the request to release a tax-forfeit parcel to neighboring property owners. This parcel acts like private lakeshore. 1. Because this is waterfront, the DNR gets a chance to comment at a later date. We supplied the information to the DNR at this preliminary stage but they are delaying comment until the City Council acts on the request. 2. If the Council supports the release, we would notify Hennepin County and the property would be split and go to abutting properties; that procedure would be reviewed and those documents would be recorded. Mark Hanus, 4446 Denbigh Road, said the westerly lot has a little notch where Stratford Lane was not vacated. In 1991 the city was unaware of this property. The question was "do we need to put it on the dock program?" They didn't have much choice unless it was released for sale. The rule was found that any piece more than 50 feet in length cannot be released. Subsequently, the rule was changed to 150 feet. On lot 3 the deck comes right to the north edge of Stratford Lane. Any public movement through the area would be very intrusive. There is no public parking for others to gain access to the property. The City would not lose any previous improvement investment. There is no loss to the parkland acreage as reported to the Met Council. Hanus offered the following comments: The City does not own. Should be privately held. In 1991 the City Council tried to release. The public has not used. Adding more docks is not possible. It would create a net gain to the boat storage. There would be no loss of city investment. The property would be back on tax roles. Dock and Park Commissions both recommended release. Osmek wanted to know how this property differed from Dreamwood/Woodland Commons. Hanus said this is tax forfeit not privately dedicated commons. Michael said that if he were an abutter I would see this as a relinquishing of land by the City and Hennepin County being done with City approval. Mueller asked if any oft~he property in the larger property (6.6 acres) above the 929.4? Hanus said' there was a small portion. Mueller asked if he would be requesting a subdivision if all the approvals come in from Hennepin County and the DNR? Hanus said they would. He said the - 1950- Planning Commission Minutes April 21, 2003 question was does it makes sense to hold on to this property or not. Mueller thought it didn't. However, getting rid of our public lakeshore is a mistake. It establishes history for attorneys to point to in the future. Osmek said we should look at it from a planning standpoint. Is there some public use for this property in the future? Mueller indicated there was no question that the public use of this property in the future is not significantly affected. But this is not the time to give up public property, especially to a group that includes a city official. It's a good idea but the timing is wrong. Michael fails to see any urgency for this request at this time. Mueller remember a similar request very recently. Smith indicated it was similar to Breezy Road. Mueller asked if there was any written policy concerning how it should be dealt with. Smith thought there was a policy that requires Parks and Docks review and collection of deferred special assessments and fees. Hennepin County has asked the city in the past to tell them how we desire them to handle particular requests for release. The second step is that Hennepin County would send out public notice including any requirements the city would like to see on it. MOTION by Mueller, seconded by Osmek, to recommend release for purpose of sale in the future with the provision that the subdivision comes before the Planning Commission and City Council for scrutiny. Hanus confirmed that no non-abutter dock has ever been on these 3 lots. Mueller said it was classified Class C commons. It looks to the public like we are releasing commons. Michael will vote no because of timing. MOTION carried. Voting for: Clapsaddle, Glister, Hasse, Mueller and Osmek. Voting against: Ayaz and Michael. MOTION by Mueller, seconded by Clapsaddle, to postpone the remainder of the agenda. MOTION carried unanimously. - 1951 - Present: DOCK AND COMMONS ADVISORY COMMISSION MINUTES April 17, 2003 Also Present: Commissioners Jim Funk, Gerald Jones, Greg Eurich, Mark Goldberg, Frank Ahrens, Council Represemative Mark Hanus Chair, 1. Parks Director Jim Faekler, Docks Administrator Katie Hoff, Secretary Denice Widmer e Jim Funk, called the meeting to order at 7:33pm. APPROVAL OF MARCH 20~ 2003 MINUTES MOTION by Jones to approve the minutes. carried. AGENDA CHANGES None CO~ENTS AND SUGGESTIONS None by Funk. Motion PRE~ Applicants: * It should Faekler impact Mark and Gail Ha~s, ~ ¢~ok, Bruce and Sharon HanuS!~epped down for this discussion. and staff review. Advised that release of this property. Mark for the other applicants and gave a brief followed with commissioners agreeing would not set a precedent and would not have a DoCks program. Hanus returned to the panel. DISCUSS: FIRE DEPARTMENT DOCK REQUEST Fackler gave a brief overview of this request, stating that the Fire Department had been given a dock at Carlson Park. Discussion on fees followed. MOTION by Eurich togrant the Fire Department Request for a dock at no charge. Motion failed due to lack of a second. - 1952- 5341 Ma3mvood Road Mound, MN 55364 (952) 472-3190 ADDENDUM TO STAFF REPORT TO: Honorable Mayor and City Council, Planning Commission, Parks and Open Commission and Docks and Commons Advisory Commission FROM: Sarah Smith, Community Development Director (on behalf of City Departments) DATE: April 18, 2003 SUBJECT: Request for release of portion of Hennepin County tax-forfeited parcel APPLICANTS: Mark and Gall Hanus / Jack and Sandy Cook / Bruce and Sharon Johnson PID: 19-117-23-24-0047 LOCATION: Adjacent to property located at 4446-4458 Denbigh Road gpace sUMMARY Mark and Gail Hanus, Jack and Sandy Cook and Bruce and Sharon Johnson, who own properties located at 4446-4458 Denbigh Road, have submitted a request to the City of Mound to consider release of a portion of a Hennepin County tax-forfeit parcel (Lot 29) that lies between the applicants' extended side lot lines and the 929.4 Ordinary High Water Mark (OHWM). It is City staff's understanding that they would like to purchase the involved portion(s) of the subject lot as they have private docks located on the property. DNR TRAILS AND WATERWAYS PRELIMINARY REVIEW A copy of the request and supplemental materials was forwarded to Martha Reger, DNR Trails and Waterways Manager for preliminary review as a courtesy. Members of the Planning Commission are advised that the DNR has opted not to provide any informal and/or preliminary comments at this time as the request needs to go through the formal DNR review process in the event the parcel is released by Hennepin County. A copy of the email received from Ms. Reger has been included as an attachment. POSAC REVIEW The request was reviewed by the Parks and Open Space Commission on April 10, 2003 who voted to recommend release. Details are contained in the draft minutes from the 4/10/03 meeting which have been included as an attachment. - 1953- DCAC REVIEW The request was reviewed by the Docks and Commons Advisory Commission on April 17, 2003 who voted to recommend release. As the DCAC minutes were not available prior to the preparation of this report, City staff.will provide an update regarding their review and recommendation at the 4/21 Planning Commission meeting. 2 - 1954- Page 1 of 1 Sarah Smith FrOm: To: Sent: Subject: "Martha Reger" <martha.reger@dnr. state.mn.us> <sarasmith@cityofmound.com> Thursday, April 10, 2003 11:42 AM Tax Forfeit Land Review Wrong address on first try. Here we go again. Thanks. >>> "Martha Reger" <martha.reger@dnr. state.mn.us> 04/10/03 11:42AM >>> I appreciate the stuff.you provided to me for informational purposes with respect to the Tax Forfeit parcel the City is currently having discussions about. The DNR has a formal review process for tax forfeit parcels at a time when they actually come up for sale. Since this parcel is only in the discussion stage, has yet to be released by the City, and is not up for actual sale by the County I have no formal comments on this parcel. At such time that the parcel may come up for sale by the County the DNR will provide comments through its formal review process. Thanks for sending me the information as a courtesy. Martha Reger - 1 955- 4/10/2003 PARK AND OPEN SPACE ADVISORY COMMISSION MINUTES April 10, 2003 Present: Chair Susan Taylor, Co-Chair Derrick Hentz, Commissioners John Beige and Gene Hostetler, and Council Representative Bob Brown Also Present: Parks Director Jim Fackler and Recording Secretary Denice Widmer Absent and Excused: Citizens Present: Kassie Ricke Stacy and Ryan Johnson Mark Hanus Norman Domholt and Ron Motyka Don Landon 6191 Sug~i!~[¥~; :L.'. ane Colleen Furhman 6350 S.:~;:,..~II Lane 612.5..:'!i!~'g~ii~i..!! Lane .:.?~::" 6189 Sugar Mill Jerry and Karen Wahl Audrey Heinsch Marshall Saunders Meeting called to order by Chair Sus~..a.:::Taylor at 7:3 1. APPROVAL OF SPECIAL ~i~".~. :!:I~INUT~!i~RClt 13, 2003: MOTION by Brown to approve t~: Spe~l~iii~t:ing. M:{nutes. SECOND by Beise. Motion carried ........................ APPROVAL .0~iii~LAR ME~:iNG MINUTES, M~RCH 13, 2003: MOTION B~:~gise to'~ove the RegUlar Meeting Minutes. SECO~ by Bro~. M~'~:~}~ried. }~? '%~::~:? 4. Fackler pre~:~he background on this application. Mark Hanus represented the applicants ~?:~ave a brief presentation. MOTION by Brown to gr~t the release ofpropeay to the t~ee abusing Owners SECO~ by Beige. Brief discussion by David Osmek followed. Motion Carried. DISCUSS: ROTTLUND PARK Fackler gave brief update. During the discussion that followed, it became apparent that a compromise in the design is needed. Residents and commissioners will hold a separate meeting for further discussion. Fackler will stake out the area and bring new plans to the May meeting towhich residents will be invited. - 1956- 6. DISCUSS: HIGHLAND PARK NOTIFICATION AND MAILING Fackler requested that an invitation to May 8 meeting to discuss playground equipment replacement be mailed out to residents within 350' of the park. MOTION by Brown to mail out invitation to residents within 350' of the park. SECOND by Beise. Motion carried. REVIEW: GOALS Taylor gave brief overview of goals and asked that it be added to May's agenda. 8. DISCUSS: LEGACY .... Brown gave a brief overview of the legacy program arLd..?~i§~tte'~:::.he would get further information on the program from Ducks Un..l...i~!~. in Fairmont. 9. REVIEW: MAY AGENDA CALENDAR Discuss: Highland Play Structure w/resi...d....~s Meeting a~j~hmed at 9:10~. ' - 1957- 2 Page 1 of 1 Sarah Smith From: To: Sent: Subject: <moundfire@fmntiernet.net> "ChretienW" <ChretienW@Elert.com>; "Jim Casey" <DebiKTharalsonHeitz@msn.com>; "Wayzata Fire Department" <fire@wayzata.org>; "JMSComRes" <JMSComRes@aol.com>; "Judy Smith" <JSmith@ci.golden-valley.mn.us>; "J. Hill" <jthill@ci.maple-grove.mn.us>; "Kevin Flaig" <KFlaig8244@aol.com>; "K. McGinty" <KMcGinty@ci.richfield.mn.us>; "Nora Gierok" <Nora. Gierok@state.mn.us>; "Pam Roberts" <pam.roberts@ridgeviewmedical.org>; "Anthony Parr'' <anthony_parr@prusec.com>; "Barry - Vanny Palm" <barvanpalm@webtv.net>; "Beth Luther'' <bluther@idea-ma.com>; "Bonnie Rifler'' <bonnieritter@cityofmound.com>; "B. West" <bwest@ci.elk-river.mn.us>; "C. Anderson" <canderson@ci.minnetrista.mn.us>; "Craig Dawson" <cdawson@ci.shorewood.mn.us>; "Cheryl Fischer'' <cherifich@aol.com>; "Bill Weeks" <cityofspringpark@visi.com>; "Chris Thompson" <cthompson@gomatrix.com>; "Daniel Bernardy" <daniel.bernardy@state.mn.us>; "Darren Poikonen" <darren.poikonen@polarisind.com>; "David Klocek" <david.klocek@htc.mnscu.edu>; "Don Geiger'' <dgeiger@amconconstruction.com>; "Dean Lotter'' <dlotter@ci.minnetrista.mn.us>; "Darren Poikonen" <dpoikonen@yahoo.com>; "Don Uram" <duram@edenprairie.org>; "E One Fire Trucks" <eonefiretrucks@aol.com>; "Farmer" <farmer@ci.coon-rapids.mn.us>; "Fergus Falls Fire Department" <fire.dept@ci.fergus-falls.mn.us>; "Scot Alden" <firefighterl@citlink.net>; "George Esbensen" <gesbensen@edenprairie.org>; "George Esbensen" <EGesbensen@ci.eden- prairie.mn.us>; "Gino Businaro" <ginobusinaro@cityofmound.com>; "Judy Bryce" <jdbryce@emily.net>; "Jeff Carriveau" <jcarriveau@uproperties.com>; "John Dean" <jdean@kennedy-graven.com>; "J. Esposito" <jesposito@e-one.com>; "Jim Helm" <jheim@centurytel.net>; "jim" <jim@ehlers-inc.com>; "Jason Maas" <j.maas@netzero.com>; "John McKinley" <johnmckinley814@yahoo.com>; "J. Tauer'' <jtauer@abcominc.com>; "Kandis Hanson" <kandishanson@cityofmound.com>; "K. Erickson" <kerickson@ci.orono.mn.us>; "Kevin Grady" <kevin@firerepair. com>; "K. Gravalin" <kgravalin@chaska.net>; "Kevin Sipprell" <ksipp01@aol.com>; "Tim Palm" <kutzpalm@yahoo.com>; "L. Satter'' <lsatter@tccommworks.com>; "Larry Volkers" <lvoelkers@metrosystems-inc.com>; "Matt Simeoneau" <mattsimoneau@cityofmound.com>; "Miles Britz" <mbritz@sehinc.com>; "M. Calvin" <mcalvin@ci.willmar. mn.us>; "Mike Palm" <mcpalm83@aol.com>; "Michael Palm" <michael.palm@ci.stpaul.mn.us>; "Matt Jakubik" <mjakubik@citlink. net>; "M. Olivier'' <molivier@sehinc.com>; "M. Tietjen" <mtietjen@kennedy-graven.com>; "Sara Irvine" <mtkabch@qwest. net>; "N. Lloyd" <nlloyd@e-one.com>; "Nancy Schultz" <nschultz@sehinc.com>; "Jeff Andersen" <onders1899@aol.com>; "Pat Meisel" <pat@meiselwoodhobby.com>; <patm@meiselwoodhobby.com>; "Patricia Davis" <patricia.davis@co.hennepin.mn.us>; "Pat Sheehan" <pat.sheehan@state.mn.us>; "peterson" <peterson@unisoninc. com>; "Rich Rogers" <rich.regers@co.hennepin.mn.us>; "Rick Williams" <rickwilliams@libertycarton.com>; "Ron Moorse" <rmoorse@ci.orono.mn.us>; "Sarah Smith" <sarahsmith@cityofmound.com>; "Sam Bontrager.' <sbontrager@sehinc. com>; "Scott Acker'' <scott.acker@ci.resemount.mn.us>; "Scott A. Williams" <scott.a.williams@co.hennepin.mn.us>; "Scott Nelson" <scottnelson@ci.red-wing.mn.us>; "Stephanie Good" <sgood@ci.orono.mn.us>; "Soren Mattick" <smattick@ck-law.com>; "Steve Hosch" <Steve. Hosch@co.hennepin.mn.us>; "Sue Schwalbe" <sueschwalbe@cityofmound.com>; "Todd Christopherson" <tchristoph@amconconstruction.com>; "Troy" <troy@symbolarts.com>; "Tim Williams" <twilliams@stlouispark.org>; "Woody Walters" <woody.walters@so.mnscu.edu>; "Dennis Woytcke" <woytcke@earthlink.net> Monday, April 14, 2003 9:56 AM MFD New Email Address The Mound Fire Department has a new email address. Please change from moundfiredept@hotmail.com TO moundfire~frontiemet.net Thank You, Mound Fire Department - 1958- 4/14/2003 5341 May'wood Ro~ /~0und, ~ 55364 STAFF REPORT TO: I-Ionorable Mayor and City Council, Planning Commission, Parks and Open Commission and Docks and Commons Advisory Commission FROM: Sarah Smith, Community Development Director (on behalf of City Departments) DATE: March 31, 2003 SUBJECT: Request for release of portion of Hennepin County tax-forfeited parcel APPLICANTS: Mark and Gail Hanus / Jack and Sandy Cook / Bruce and Sharon Johnson PID: 19-117-23-24-0047 LOCATION: Adjacent to property located at 4446-4458 Denbigh Road Space SUMMARY Mark and Gail Hanus, Jack and Sandy Cook and Bruce and Sharon Johnson, who own properties located at 4446-4458 Denbigh Road, have submitted a request to the City of Mound to consider release of a portion of a Hennepin County tax-forfeit parcel (Lot 29) that lies between the applicants' extended side lot lines and the 929.4 Ordinary High Water Mark (OHWM). It is City staff's understanding that they would like to purchase the involved portion(s) of the subject lot as they have private docks located on the property. REVIEW PROCEDURE Presently, there is no formal review process in the City Code that deals with tax, forfeit properties. However, a 1997 policy created an informal procedure to respond to such requests which requires review by City staff as well as the Planning Commission and the Park Commission. Additionally, a 1984 resolution established a policy regarding payment of assessments placed on undersized tax forfeit properties prior to forfeiture. With regards to this particular request, City officials and commission members are advised that it is also being forwarded to the Docks and Commons Advisory Commission as it involves lakeshore property and is currently part of the City's dock program. - 1959- BACKGROUND INFORMATION Parcel InformatiOn. Size: Address: Ownership: Property Tax Status: Zoning: Comprehensive Plan: CITY DEPARTMENT REVIEW 290,469 SF (6.668 acres) Unassigned Hennepin County / City of Mound According to Hennepin County, the subject property is vacant and is tax exempt R- 1A single-family residential Residential 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 ChiefPederson No objections. Acting Police Chief McKinley No police issues. City Manager Hanson The City Manager supports properties not on the tax rolls being combined with adjacent properties except for fire lanes. Public Works Director Skinner No objections. Building Official Simoneau No objections. City Engineer Cameron Request does not indicate how mUch of Lot 29 is to be released for sale. A detailed legal description will need to be prepared by the applicants in the event the request is approved. Also, a waiver of platting or minor subdivision will be required to separate the subject property from the larger tax-forfeit parcel. Parks Director Fackler This tax parcel is shoreline property and is counted in the City's Dock Location Map. The request needs to be reviewed by both POSAC and DCAC. 9. - 1960- Comm. Dev. Director Smith In the event the parcel is released and sold by Hennepin County, subdivision approval will required. be The subject property is deemed to be "non- buildable." In the event it is released, it should be only be sold to the adjacent property owner(s). If the request is approved by the City Council, the information will be forwarded to Hennepin County Taxpayer Services who will be resPonsible for implementation of the "formal release process." It is City staff's understanding that the DNR will be contacted by Hennepin County for formal comment prior to release of any property fronting public waterbodies. A copy of M.S.S. 282.018 has been included as an attachment. Refer to comments from City Engineer. PUBLIC AGENCY REVIEW Copies of the request were forwarded to the DNR, MCWD and the LMCD for review and comment. City staff spoke with Martha Reger, DNR Trails and Waterways Manager on April 3, 2003. It is anticipated that she will be conducting a site visit on April 4, 2003 and will contact City staff immediately thereafter with preliminary comments. The request will be reviewed and considered by the City's Commission's on the following dates: Parks and Open Space Commission Docks Advisory Commission Planning Commission April 10, 2003 April 17, 2003 April 21, 2003 Members of the POSAC, DCAC and Planning Commission are advised that the aforementioned date(s) may be subject to change. As of this date, a date for review by the City Council has not been established. 3 -1961 - Page 1 of 1 Denice Widmer From: To: Sent: Subject: "Sarah Smith" <SarahSrnith~dtyofmound.com> "Denice Widmer" <dwidrner~cityofmound.com>; "James W. Fackleff <JimFackler~lcityofmound.com>; "Bonnie Ritter" <BonnieRitt~@cityofmound.com> Thursday, April 10, 2003 1:09 PM Fw: Tax Forfeit Land Review 'SarahSmith Community Development Director City of Mound 5341 Maywood Road Mound; MN 55364 952-472-3190 - work 952472-0620 - fax --- Original Message --- From: "Martha Reger" <martha.reger~dnr. state, mn,us> To: <sarasmith~cityofmound.com> Sent: Thursday, April 10, 2003 11:42 AM Subject: Tax Forfeit Land Review > > > > > > > > > > > > > > > > > > > Wrong address on first try. Here we go again. Thanks. >>> "Martha Reger" <martha. reger~dnr, state, mn.us> 04/10/03 11:42AM >>> I appreciate the stuffyou provided to me for informational purposes with respect to the Tax Forfeit parcel the City is currently having discussions about. 'The DNR has a formal review process for tax forfeit parcels at a time when they actually come up for sale. Since this parcel is only in the discussion stage, has yet m be released by the City, and is not up for actual sale by the County I have no formal comments on this parcel. At such time that the parcel may come up for sale by the County the DNR will provide comments through its formal review process. Thanks for sending me the information as a courtesy. Martha Reger - 1962- 4/10/2003 ATTN: Sarah Smith City of Mound 5341 Maywood Rd. Mound, MN. 55364 ~.-15-03 Subject: Request For Release Of Tax Forfeit Lands Adjacent To: 4458 Denblgh Rd. (Johnson Property) .. 4452 Denbigh Rd. (Cook Property) 4446 Denbigh Rd., (Hanus Property) ' \ · .., We, the owners of the above listed properties in Mound, do hereby request the city's' consideration and subsequent release of the tax forfeited land on the lakeside of our properties to Hennepin County for the sole purpose of sale to the abutting property owners. This is 'a joint request as this single parcel runs parallel to all 3 of our properties. There are surveys of all three properties on file with the City of Mound. For purpOses of this action, the city should.use Mark Hanus as the point of contact. The city attorney (John Dean) has reviewed the circumstances and has agreed that Mark Hanus can act in this capacity with out a conflict of interest. You may contact him if you have concerns in this regard.' You will find that the physical conditions and circumstances are very similar to the Mike Kramer case that was approved by Resolution on 2-11-03 but the historical' circumstances are different. Prior to November of 1991, the City of Mound denied that this tax forfeit property eXisted. As you would expect, our properties were not on the dock program. It was discovered in the fall of 1991, due to the Hanus survey, that property did exist. The City Council expressed interest at that time of releasing the property rather than' putting us on the dock program. Research into this matter revealed State Statute. 282.018. A copy of the city response and statute is included. You will note that sale of the property at the time was restricted to parcels with no more than 50 feet of waterfront. The det&rmination was that the city was not allowed to release it. Therefore, the 3 properties were placed on the dock.program. It should be noted that both Mr. Cook and Mr. Hanus were puton the dock Program some time after purchasing their properties. They did not purchase it that way. - 1963- There is no room for more docks on these properties. VVhen the city council placed us on the dock program in 1991, they designated it Class C (Abutting properties only) because: 1, There no room for more docks in front of our properties. 2. There is no practical public access. As you are aware, in 2000 this statute was changed, and now allows property that has less than 150 feet of shoreline to be released. The property in question now qualifies. Public access is not p'ractical to this parcel. The actual shoreline is not at all what the plat map shows. In fact, at least two lots to the west of Anglesey Lane have been determined to be private lakeshore where Stratford Lane is in the channel. Stratford Lane is mostly, and in some areas, completely in the channel. I am including a portion of a ~t map that I have marked up: I. have attempted to show, as best I can, the actual shoreline as it exists today. Please note that the notch along the'Johnson/Cook line actually appears to contact pdvate properS. The only way to · access the Cook or Hanus shoreline is to wade through reeds and water at normal high water or cross pdvate property. Unimproved Stratford Lane was vacated back in 1974 because the Johnson and Hanus homes were built in the street back in 1920. The property to the east of the Hanus lot is private lakeshore so there is no access from that direction. As property owners of these parcels t~or up to 18 years, we can attest that the only people that use this property other than ourselves, are fdends or neighbors that access by way of our lots. Public access has never been used and subsequently proven to be impractical. To the best of our knowledge, all improvements on or near the shoreline were exclusively paid for by the abutting owners. No expenses or investment was incurred by the city. The public benefits of proceeding with this sale, as we see it, are as follows. 1. There would be a net gain' to the' shoreline count for the city. The system would no longer subsidize our properties with shoreline from somewhere else. This leaves the excess shoreline to becounted for another purpose.. 2. Return the property to the tax roles. 3. Releasing this properbj will remove a very difficult setback issue with the LMCD that could very negatively affect all three of our properties. This issue will surface as Jim Fackler can attesL · The city would avoid using limited resources to attempt to resolve this no-win situation. - 1964- We respectfully, and collectively, submit this request to release for sale the property running along the shoreline contained within the extension of our lot lines. We look forward to discussing this issue with you and all city officials that wish to discuss it. Sincerely, 'Mark A. Hanus 4446 Denbigh Rd. Mound, MN. 55364 H-952-472-5480 W-952-882-6211 Gail F H~nu~ v - ..~4~ck D. dock 52 Denbigh Rd, Mound, MN. 55364 4458 Denbigh Rd. Mound,. MN. 55364 'S-ha~on'Le-a Johns~~'/ - 1965-' CITY of MOUND 534~ MAYW~OOD ROAD MOUND, MINNESOTA 55364.1687 1612) 472-11~5 FAX {6~2) 472-0620 FROM,.. D~TE~ SUBJEOT~ MAYOR & CITY COUNCIL CITY MANAGER.. PR6~ERTY OWNERS ON.DENBIGH ROAD NOVEMBER 4, 1991 DOCKS FOR THREE ABUTTING PROPERTIES ON DENBIGH ROAD This is a follow-up to the meeting on October 2'2, 1991, where the City Attorney suggested researching the possibility of'a sale of the land abutting certain property.owners lots along Black Lake. I have contacted the Hennepin dounty Tax Forfeit Office (Gordon Ramm 348-3734) who advised that this is not an option. He referred me to Minnesota Statute Section 282.018 (copy attached) which in short prohibits the male of all land which is the property of the' state as a result of forfeiture to the state for nonpayment of taxes which borders on or is adjacent to meandered lakes and other public waters or watercourses. I have consulted with the City Attorney and advised him of~m~. findings and he agreed that the'Statute is quit clear and that. I should'advise the Coundil, 'City Manager and the parties on Denbigh Road of my findings. If you have any questions, please, contact me of'Curt Pear,on. fc att. -1966- 282.018 TAX-FORFEITED LAND; MEANDERED LAKES, NONFORESTED MARGINAL LAND, AND WE'I'LANDS; SALF.4 EXCEPTION. Subdivision I. Property on or adjacent to public water~, All land which is the prop- crty of the state'as a result of forfeiture to the state for nonpayment'of taxes, regardless of whether.thc land is held in trust for taxing districts, and which borders on or is adja- cent to meindered lakes and other public waters and watercourses, nnd,.the live timber ~owing or being thereon, is hereby withdrawn from sale except as-hereinafter pro- vided. The authority having jurisdiction over the timber on any such land~ may sell the timber as oth~:~,ise provided by law for cutting and removal under such conditions as the authority may prescribe in accordance with approved, sustained yield fo~e~ try prac. .rices. The authority having jurisdiction over thc timber shall reserve such timber and ~mpose such conditions as the authority deems necessary for the protection' Of water. sh?l_s, _wil. dl, ife habitat, slior~iines, and SCenic features. Within the area in Cook;Lake, aaa st. L~ms counti~ de~rlbed in the Act of Congress approved July 10, 1930 (46".Stat. 1020}, the timber on tax-forfeited lands shall be subject to like r~tric~ions as are now imposed by.that act on federal lands. Of all tax-forfeited land bordering on or adjacent to meandered lakes and otb_~r . public waters and watercourses and so withdrawn, from sale, a strip~f6']"-ods in width,~"y--' '- the ordinary high.water mark being the waterside boundary thereof, an-fd"t'fl~tf-~- boundary thercofbeing a line drawn parallel to the ordinary hi,-water mark and two rods distant landward therefrom, hereby is reserved for public travel thereon, and what- ever the conformation of the shore line or conditions require, the authority having jurisdiction over such lands Mall reserve a wider strip for such purpose~ ~;~.t .tact or~rcel.~of~.iand, which.,has 50 feet. ore,less of....~Waterfronti!may~be~,sold~by the authority having jurisdiction over the land, in the manner otherwise provided by law for the sale of such lands, ifthe authority determines that it it in the public interest to do so, If the authority having jurisdiction over the land is not the commissioner of natural re~outces, the land may not be offered for sale without the prior approval of the commissioner of naZural re,purees. gubd. 2. Max~lnal land and wetlands. Nonforested marginal land and wetlanda on land that is property of the state as a result of forfeiture to the state for nonpayment of taxes'i~ withdrawn from ude as provided in ~ztion 10~F.535 unless restricted by a conservation easement as provided in section 10~F.535. - 1967- (2. - 1968- Minnesota Statutes 2002, Table of Chapters / Table of contents for Chapter 282 ~/~ 282.018 Land by public waters, nonforested marginal land, wetlancl$. Page 1 of 2 Subdivision 1. Land on or adjacent to public waters. (a) Ail land which is the property of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether the land is held in trust for taxing districts, and which borders on or is adjacent to meandered lakes and other public waters and watercourses, and the live timber growing or being thereon, is hereby withdrawn from sale except as hereinafter provided. The authority having jurisdiction over the timber on any such lands may sell the timber as otherwise provided by law for cutting and removal under such conditions as the authority may prescribe in accordance with approved, sustained yield forestry practices. The authority having jurisdiction over the timber shall reserve such timber and impose such conditions as the authority deems necessary for the protection of watersheds, wildlife habitat, shorelines, and scenic features. Within the area in Cook, Lake, and ~t. Louis counties described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on federal lands. (b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary high-water mark being the waterside boundary thereof, and the land side boundary thereof being a line drawn parallel ~o the ordinary high-water mark and two rods distant landward therefrom, hereby is reserved for public travel thereon, and whatever the conformation of the shore line or conditions require, the authority having jurisdiction over such lands shall reserve a wider strip for such purposes. (c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by the authority having jurisdiction over the land, in the manner otherwise provided by law for the sale of such lands, if the authority determines that it is in the public interest to do so. If the authority having jurisdiction over the land is not the commissioner of natural resources, the land may not be offered for sale without the prior approval of the commissioner of natural resources. (d) Where the authority having jurisdiction over lands withdrawn from sale under this section is not the commissioner of natural resources, the authority may submit proposals for disposition of the lands to the commissioner. The commissioner of natural resources shall evaluate the lands and their public benefits and make recommendations on the proposed dispositions to the coramittees of the legislature with jurisdiction over natural resources. The commissioner shall include any recommendations of the commissioner for disposition of lands withdrawn from sale under this section over which the commissioner has jurisdiction. The commissioner's http ://www. revisor, leg. state, mn. us/stats/282/01 [-'1 989 - 3/31/2003 Minnesota Statutes 2002, 282.018 recommendations may include a public sale, sale to a private party, acquisition by the department of natural resources for public purposes, or a cooperative management agreement with, or transfer to, another unit of government. Subd. 2. Marginal land and wetlands. Nonforested marginal land and wetlands on land that is property of the state as a result of forfeiture to the state for nonpayment of taxes is withdrawn from sale as provided in section 103F.535 unless: (1) notice of the existence of the nonforested marginal land or wetlands, in a form prescribed by the board of water and soil resources, is provided to prospective purchasers; and (2) the deed contains a restrictive covenant, in a form prescribed by the board of water and soil resources, that precludes enrollment of the land in a state-funded program providing compensation for conservation of marginal land or wetlands. HIST: 1973 c 369 s 1; 1984 c 490 s 2; 1989 c 353 s 9; 1991 c 159 s 2; 1991 c 354 art 10 s 9; 2002 c 366 s 4 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. Page 2 of 2 - 1970- ~corded PIat ly from the ~ of said Lot point on the ~e southeast (hereof, and ! line drawn lsion of the led Stratford ,nt ~0.00 feet ~d along said CEL B gpmpogFJ') ,'i'.4 LAND EXISTING LEGAL KONNAD PARCEL:, Lot 3 & the Eas vacated Strat[( and west line COOK pARCEL: Lot 2, Block 1 in Hennepin Co, adjoining said DIVISION ~5 'Too 9G0.74. B£AR;IvG$ SHOW. N.'.~A~'E ASSUMED Property Information search by Street Address Result page Page 1 of 2 Property Information Search Result The Hennepin County Property Tm web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Search By: HOUSE or BUILDING #: STREET NAME: (at least first 3 characters iDenbighRoad UNIT # (if applicable) records per page Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Parcel Data for Taxes Payable 2003 Click Here for State Copy of Payable 2003 Tax Statement ~ 9-117-23-24-0001 4446 DENBIGH RD MOUND 277 Construction year: 1930 3 Parcel Size: 44 X 1 MARK ALAN HANUS MARK A HANUS 4446 DENBIGH RD MOUND MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value a~ warranted to represent arms-length transactions. Sale Date: September, 1986 Sale Price: $64,000 Transaction Type: Warranty Deed Tax Parcel Description Addition Name: AVALON Lot: 001 Block: 001 Metes & Bounds: INCL ADJ VAC ST Value and Tax Summary for Taxes Payable 2003 Values Established by Assessor as of January 2, 200; Estimated Market Value: Limited Market Value: Taxable Market Value: Total improvement Amount: Total Net Tax: Total Special Assessments: $326,000 $287,4OO $265,400 $9,OOO $3,316.79 http ://www2. co. hennepin.mn.us/pins/addrresult '--~'973 - 3/31/2003 Property Information Search by Street Address Result page Page 2 of 2 Solid Waste Fee: Total Tax: $50.39 Property Information Detail for Taxes Payable 2003 Values Established by Assessor as of January 2, 200; Values: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status $154,000 $172,OOO $326,000 $135,800 $151,60O $287,400 $22,000 RESIDENTIAL LAKE SHORE HOMESTEAD 4871 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 ( 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 applic; Send e-mail to Henn. Net@co.hennepin.mn.us Copyright © 1998 - 2001 Hennepin County http://www2.co.hennepin.mn.us/pins/addrresult.- 1974- 3/31/2003 Hennepin County Map Server Page 1 of 2 Click on map to view information on adjoining properties Scroll down to see property address, value & tax info Last update: 3/04/2003 at h00:00 PM READ IMPORTANT I)ISCLAI2~IER INFORMATION BELOW Property ID Approximate PropertyApproximate Property Perimeter Area 19-117-23-24-0001 437 ft. 6,739 sq.ft. = 0.155 acres Property Address Market Value Total Tax (2003) 4446 DENBIGH RD $ 326,000 $ 3,367.18 MOUND, MN 55364 Click on Property Information Button below to view main tax information page for the property you have selected !?[25) i:~: 5? 12i'i~'5.ii :::ri:'7: :,i ::7125:i.':i::.:2. :':.i: ::::::-:::-: -:"-::" '"" ' ..... The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618 or via e-mail at Bob. Moulder@co.hennepin.mn.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at~ 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation. http ://www 19. co. henne.../esrimap, dll?name=He~_ 1 9'7~i - md=Find&VALUE= 191172324000 3/31/2003 Property Information Search by Street Address Result page Page 1 of 2 Search By: HOUSE or BUILDING #: ......... fat least first 3 characters) D'e'n't~'ig'h"R'°'a d ............. UNIT # (if applicable) ~ 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.m. (CST) Parcel Data for Taxes Payable 2003 Click Here for State Copy of Payable 2003 Tax Statement .... .¥~...~....~: ~.~:.~?.i~: .-'".*:~,'~ 19-117-23-24-0095 4452 DENBIGH RD MOUND 277 Construction year: 1920 3 Parcel Size: IRREGUI JACK D COOK JACKD COOK 4452 DENBIGH RD MOUND MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value a~ warranted to represent arms-length transactions. NO SALE INFORMATION ON FILE' FOR THIS PROPERTY. Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description. AVALON 001 LOT 2 AND THAT PART OF LOT 3 WHICH LIES ELY OF A LINE DRAWN SLY FROM THE INTERSECTION OF NLY EXTS OF ELY LINE OF LOT 3 AND THE NLY LINE OF Note: This is a Partial Metes & Bounris Description. To receive full tax parcel description, email request to taxdescription(~co.hennepin.mn.u., Value and Tax Summary for Taxes Payable 2003 Values Established by Assessor as of January 2, 200; Estimated Market Value: $311,000 Limited Market Value: $265,500 Taxable Market Value: $265,500 Total Improvement Amount: http://www2, co.hennepin, mn.us/pins/addrresult..;£~ 97 6- 4~3~2003 Property Information Search by Street Address Result page Page 2 of 2 Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status $3,319.09 $50.41 $3,369.50 :~i Property Information Detail for Taxes Payable 2003 Values Established by Assessor as of January 2, 200~ Values: $140,000 $171,000 $311,000 $119,500 $146,000 $265,500 RESIDENTIAL LAKESHORE HOMESTEAD 751 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 ( 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 applic~ Send e-mail to Henn. Net@co.hennepin.mn.us ~.,.~, .:.. ~ ~:~.~. .:::: . ~ .,.~}!~, ~'~!~.'., ~.,,~.~ ..... ~ .~.~ ~ ~.~.~J...:~ .... CoPyright © 1998 - 2001 Hennepin County http ://www2.co.hennepin.mn.us/pins/addrresutt.~'_ 1977- 4/3/2003 Hennepin County Map Server Page 1 of 2 Click on map to view information on adjoining properties Scroll down to see property address, value & tax info Property ID 19-1 '1 ?-23-24-0095 Property A~dress 4452 DENBIGH RD Las~ update: 3/04/2003 at 1:00:00 PM READ IMPORTANT DISCLAIMER INFORMATION BELOW Approximate Proper ty Approximate Perimeter 461 ft. Market Value MOUND, MN 55364 $ 311,000 Property Area 8,424 sq.ff. = 0.193 acres Total Tax (2003) $ 3,369.50 Click on Property Information Button below to view main tax information page for the property you have selected The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618 or via e-mail at Bob. Moulder@co.hennepin.mn.us The quality of the display may be influenced by your screen size.and resolution setting and is best viewed at 800x600 screen resolution: This application requi,res Internet ExplOrer 3.02 or Netscape 2.01 or later version for proper operation. http ://WWWl 9.co.hennep.../esrimap. dll?name=H_ 197'8 £:cmd=Find&VALUE= 191172324009 4/3/2003 Property Information Search by Street Address Result page Page 1 of 2 Search By: .... .7: ................... ?, .................. 7* .~ Ad,tress HOUSE or BUILDING #: ......... STREET NAME: !at least first 3 characters' ]Denbigh Road UNIT # (if applicable) f20 ii~i~ ~' ........... ~: records per page :!:!!~!:~i! ~!~!!!~!~!:~:::::!! ~ ~!~!~!~!~ ! ~::::::~ii! !::!i!~*!*~!:.!!? :: ' :~!::~i!!! i~!?!!':!! :.!~!~!?:.~i~:.!?::::.'::! ::!:~i!!~::~!i,!~ii!iii:::!ii!:.i:: ' · ............................ Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday- Friday) at approximately 9:J5 p.m. (CST) Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Parcel Data for Taxes Payable 2003 Click Here for State Copy of Payable 2003 Tax Statement ~ 9-117-23-24-0096 4458 DENBIGH RD MOUND 277 Construction year: 1920 3 Parcel Size: IRREGUI B F JOHNSON & S L JOHNSON BRUCE F JOHNSON 4458 DENBIGH RD MOUND MN 55354 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value a~ warranted to represent arms-length transactions. NO SALE INFORMATION ON FILE FOR THIS PROPERTY. Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description AVALON 001 ELY 10 FT OF LOT 4 AND THAT PART OF LOT 3 WHICH LIES WLY OF A LINE DRAWN SLY FROM THE INTERSECTION OF NLY EXT,' OF ELY LINE OF LOT 3 AND THE NLY LINE Note: This is a Partial Metes & Bounds Description. To receive full tax parcel description, email request to taxdescription(~co.hennepin.mn.m Value and Tax Summary for Taxes Payable 2003 Values Established by Assessor as of January 2, 200; Estimated Market Value: $243,000 Limited Market Value: $184,900 Taxable Market Value: $180,700 Total Improvement Amount: http ://www2. co.hennepin, mn.us/pins/addrresult.j ~_,~ 979- 4/3/2003 Property Information Search by Street Address Result page Page 2 of 2 Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status $2,139.51 $34.31 $2,173.82 ~... ::!!~.~~ Property Information Detail for Taxes Payable 2003 Values Established by Assessor as of January 2, 200~ Values: $157,500 $85,5oo $243,000 $119,800 $65,100 $184,9oo $4,2oo RESIDENTIAL LAKE SHORE HOMESTEAD 735 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 ( 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 applic~ Send e-mail to Henn.Net@co.hennepin,mn.us Copyright © 1998 - 2001 Hennepin County http://www2.co.hennepin, mn. us/pins/addrresult.i- 1980- 4/3/2003 HennePin County Map Server Page 1 of 2 Click on map to view information on adjoining properties Scroll down to see property address, value & tax info Property ID ~ 9-117-23-24-0096 Property Address 4458 DENBIGH RD Last update: 3/04/2003 at l:00:00 PM READ IMPORTANT DISCL~R INFORMATION BELOW Approximate Proper ty Approximate Perimeter 451 ft. Market Value MOUND, MN 55364 $ 243,000 Property Area 7,187 sq.ft. = 0.165 acres Total Tax (2003) $ 2,173.82 Click on Property Information Button below to view main tax information page for the property you have selected :i?;i:::~.[i:.!:::?:!,:.!i::.i'iii!.!i!i:~:i.!¢':ii:if:.:'.: :-:,.:' '-:':':'::i-5 i:~i~i!:::~:!!~::¥~!~.::.~!~:!~i:~;~i~!i~i:.5~::;:ii::i¥~[iii!i~i!:::.:~:~?i:!~ ::::::::::::::::::::::::: The data contained on this page is dedved from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any m~suse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (6i2) $48-2618 or via e-mail at Bob. Moulder@co.hennepin.mn.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Intemet ExplOrer 3.02 or Netscape 2.01 or later version for proper operation. http ://wwwl 9. co.henne.../esrimap.dll?name=He:'-¥§~-l%md=Find&VALUE=l 91172324009 3/31/2003 Property Information Search by Property ID Result page Page 1 of 2 Search By: Prol~er~ ID Property ID: i1911723240047 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 update~ daily (Monday- Friday) at approximately 9:15 p.m. (CST) Parcel Data for Taxes Payable 2003 19-117-23-24-0047 85 ADDRESS UNASSIGNED MOUND 277 Construction year: 3 Parcel Size: IRREGUL HENNEPIN FORFEITED LAND CITY OF MOUND 5341 MAYWOOD RD MOUND MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value ar warranted to represent arms-length transactions. NO SALE INFORMATION ON FILE FOR THIS PROPERTY. Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description SETON 024 LOT 18 ALSO LOTS 29 TO 32 INCL Value and Tax Summary for Taxes Payable 2003 Values Established by Assessor as of January 2, 2002 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' c°'hennepin'mn'us/pins/pidresult'j ~'21982- 3/31/2003 Property Information Search by Property ID Result page Page 2 of 2 Property Information Detail for Taxes Payable 2003 Values Established by Assessor as of January 2, 2002 values: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying ImproVements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status VACANTLAND -LAKESHORE NON- HOMESTEAD EXEMPT 2924 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 c 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 applica' Send e-mail to Henn. Net@co.hennepin.mn.us Copyright © 1998 - 2001 Hennepin County - 1983- htto://www2.co.henneoin.mn.us/t)ins/rfidresult.isa 3131/200cl l-tennepm County Map Server - 1984- Page 1 of l March 31, 2003 Mark and Gail Hanus 4446 Denbigh Road Mound, MN 55364 Jack and Sandy' Cook 4452 Denbigh Road Mound, MN 55364 Bruce and Sharon Johnson 4458 Denbigh Road Mound, MN 55364 RE: Request for Review of Request for Release of Tax-Forfeit Parcel Adjacent to Properties Located at 4458-4446 Denbigh Road This letter is in regard to the request you submitted on or around March 18, 2003 to consider release of a tax-forfeit parcel adjacent to the properties located at 4458-4446 Denbigh Road. Be advised that the information has been routed to all involved City departments as well as the Department of Natural Resources (Division of Trails and Waterways) for review and comment. You are advised that it is anticipated that the request will be reviewed and considered by the City on the following dates: Parks and Open Space Commission Docks Advisory Commission Planning Commission April 10, 2003 April 17, 2003 April 21, 2003. As of this date, no date has been determined for review of the request by the City Council. - 1985- March 31, 2003 Page 2 If you have any questions regarding any of this information, please contact me at 952- 472-3190. Sincerely, Sarah Smith Community Development Director - 1986- EXECUTIVE SUMMARY Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: May 8, 2003 SUBJECT: Minor Subdivision APPLICANT: Jim and Mary Albrecht CASE NUMBERS: 03-12 ItKG FILE NUMBER: 03-05 LOCATION: 4701 Aberdeen Road ZONING: R-2 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential The variance was tabled by the Planning Commission at their April 7, 2003 meeting and was recommended for denial at their April 21, 2003 meeting. This case involves building a two-stall detached garage with a 10 foot setback from Roanoke Lane. The garage doors would face Roanoke. The Planning Commission's main concerns were the amount of existing hardcover and the orientation of the garage doors. Submitted hardcover calculations show about 80 percent hardcover. Staff would note the calculations appear to be incorrect and may be closer to 60 percent. Revised hardcover numbers have been requested by Staff have not been yet been received. Council members will note Resolution #91-113 which approved a similar request for a garage but was never built. Given the recommendation for denial by the Planning Commission, Staff has not prepared a Resolution at this time. City Council should review the case and direct staff to prepare a Resolution for consideration at its next meeting. 123 North Third Street, Suite 100, Mirmeapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1987- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION APRIL 21, 2003 BOARD OF APPEALS CASE #03-12 Variance - Front and rear setbacks for detached garage 4701 Aberdeen Road - Jim and Mary Albrecht At its April 7, 2003 meeting, the Planning Commission reviewed and discussed this variance request. It was tabled so as to allow for an inspection of the garage foundation that was poured a number of years ago. The site visit was conducted by the Building Official on April 14, 2003 and it was determined that the foundation is satisfactory for the purpose of constructing a garage with upper floor workspace. Staff recommends approval of the variance request subject to the following conditions: 1. There shall not be a net increase in hardcover on the site. 2. The City Engineer review drainage issues related the garage and curb cut at Roanoke Lane. 3. The previous foundation and retaining wall is subject to review by the Building Official as may be deemed necessary to comply with applicable Code requirements. 4. The applicant shall be responsible for the payment of all costs associated with the variance request. 5. The applicant shall be responsible for all necessary building permits. 6. Applicant to submit revised hardcover sheet to reflect current conditions. Discussion Mueller inquired as to what the new hardcover figure would be with the proposed plan? Gordon believed it was somewhere in the neighborhood of 60%. Albrecht said he thought he added in 1,200 square feet of grass previously. MOTION by Osmek, seconded by Glister, to recommend approval of the variance subject to the conditions as listed above. Mueller noted that a permit is not required to build a driveway or add other hardcover. Because this was an existing parking lot we are granting permission. It is concrete and expensive to remove but it's not allowed on a residential lot. We wouldn't allow anyone else in this location unless it was previously done. Osmek stated that this is an existing condition and the applicant has reduced hardcover akeady. He's trying to become more conforming. If we deny it, the garage is still there from a hardcover aspect. -1988- Planning Commission Minutes April 21, 2003 Michael asked when the permit for the slab was issued. Smith said the file indicated discussion about the slab but no actual permit was issued. Ayaz asked the applicant if the slab was poured as a driveway first with a garage possibly in the future? Albrecht said he got a good deal on the concrete and was advised by staff that he could proceed. (This activity preceded the hardcover regulations.) Mueller stated that laws change. Just because someone could do it in 1991 doesn't mean it should be allowed at 60% today. Michael observed that the hardcover was not going to go away. Mueller said that if you load the garage from the north there is no need for additional driveway. MOTION failed. Voting in favor - Osmek, Glister, Hasse; Voting against - Mueller, Michael, Ayaz, Clapsaddle. Mueller felt the problems were the front-loaded garage and the lack of hardship for hardcover. MOTION by Mueller, seconded by Clapsaddle, to deny the application. Michael asked the Commission if they would feel differently if it were side-loaded. Osmek stated that, if we approve it the way it is he can choose to side or front load with no additional hardcover. Mueller said the front-loaded issue is the fact that the driveway wouldn't be long enough to handle a car without encroaching into the street. MOTION carded. Voting for - Mueller, Hasse, Michael, Ayaz, Clapsaddle; Voting against - Glister, Osmek - 1989- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Comm. Dev. Director DATE: April 14, 2003 SUBJECT: Variance Request OWNER: James and Mary Albrecht CASE NUMBER: 03-12 LOCATION: 4701 Aberdeen Road ZONING: Residential District R-2 COMPREHENSIVE PLAN: Low Density Residential BACKGROUND At its April 7, 2003 meeting, the Planning Commission reviewed and discussed the variance request from James and Mary Albrecht for a variance to allow a reduced front and rear setback for construction of a detached garage at 4701 Aberdeen Road. The Planning Commission subsequently tabled the variance request to an upcoming meeting so as to allow for an inspection by the Building Official of the garage foundation which was poured a number of years ago. SITE INSPECTION Building Official Matt Simoneau conducted a site visit on Monday, April 14, 2003 and has determined that the'foundation is satisfactory for the purpose of constructing a garage with upper floor work space. ADDITIONAL COMMENTS Details regarding the application are contained in Planning Report. No. 03-12 which was included in the April 7, 2003 agenda packet.. So as to reduce printing costs, another report has not been printed but can be obtained by contacting City Hall. RECOMMENDATION Refer to Planning Report No. 03-12 dated April 4, 2003 for previous recommendation for approval from Staff and proposed conditions. -6- - 1990- -.. Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION APRIL 7, 2003 BOARD OF APPEALS CASE #03-12 Variance - Front Yard on Roanoke Lane 4701 Aberdeen Road Jim and Mary Albrecht Gordon introduced a variance request to construct a detached two-stall garage. In order to construct the garage a variance of 10 feet to the front yard setback along Roanoke Lane is requested. Application contains a request for a rear yard variance that is unnecessary. The yard space adjacent to the west property line would be considered as a side yard, requiring a 4-foot setback for accessory structures. The property has 3 street frontages - Hanover Road, Roanoke Lane and Aberdeen Road. Yard spaces adjacent to these roads are considered front yards, requiring a 20-foot principal structure setback with the exception of Roanoke, which is allowed a 10-foot setback. As a through lot, accessory structure provisions provide for a 20-foot front yard setback for a garage when the door faces the street. The proposed garage is 24 feet by 24 feet with a workspace above. Access to the workspace is provided by an exterior stairway located in the rear of the garage. The property currently does not have a garage. The submitted hardcover calculations indicate the property is over the impervious surface maximum of 2554 square feet. The 6400 square foot lot is allowed 2560 square feet (40%). As proposed, the hard surface is 80%. The existing hardcover situation was created before the Shoreland Management hardcover policy was established. A previous variance was granted in 1991 but the garage was not built within one year of the request. At that time hardcover was not regulated. Staff recommends approval of the variance request subject to the following conditions: 1. There shall not be a net increase in hardcover on the site. 2. The City Engineer review drainage issues related the garage and curb cut at Roanoke Lane. 3. The previous foundation and retaining wall is subject to review by the Building Official as may be deemed necessary to comply with applicable Code requirements. 4. The applicant shall be responsible for the payment of all costs associated with the variance request. 5. The applicant shall be responsible for all necessary building permits. -1991 - Planning Commission Minutes Discussion April 7, 2003 Mueller pointed out that the hardcover calculation is higher than actual by about 1600 square feet. He asked the applicant if he would be willing to reduce the hardcover by another 240 square feet. Mr. Albrecht indicated that he had already reduced it and with the number of vehicles in the household it would be difficult. Mueller asked about verifying the existing slab conditions. Gordon said it would be up to the Building Official. Mueller indicated that if it didn't meet the building requirements, he wouldn't want to approve the variance because he would want the garage relocated closer to the house. MOTION by Mueller, seconded by Clapsaddle, to approve the variance with staff conditions provided verification that the in-place foundation meets current code requirements for garage construction. If it does not meet current code the commission recommends denial. Clapsaddle suggested that the qualification in the motion wouldn't be necessary because the garage would need to be built according to code regardless. Mueller removed the motion from the floor. MOTION by Osmek, seconded by Clapsaddle to table the application so the Building Inspector can verify condition of the in-place foundation. MOTION carried unanimously 2 - 1992- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www, cityofmound,com April 18, 2003 Jim Albrecht 4701 Aberdeen Road Mound, MN 55364 RE: Variance Application This letter is in regard to the varimace application that was submitted and deemed to be complete on February 26, 2003. Pursuant to Minnesota Statutes .Section 15.99, please accept this letter as notice from the City of Mound that the review period for your land use application will be extended an additional sixty (60) days. As you are aware, the application was reviewed by the Planning Commission at its April 7, 2003 meeting and tabled to its'April 21, 2003 meeting so as to allow for an inspection of the garage foundation that was poured a number of years ago by the Building Official. Therefore, additional time is necessary to advance the application to the City Council for action following a recommendation from the Planning Commission. If you have any questions regarding this letter or would like any additional information, please feel free to contact me at 952-472-3190. ~nt Director printed on recycled paper - 1993- PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: April 4, 2003 SUBJECT: Variance Request OWNER: James and Mary Albrecht CASE NUMBER: 03-12 HKG FILE NUMBER: 03-05 LOCATION: 4701 Aberdeen Road ZONING: Residential District R-2 COMPREHENSIVE PLAN: Low Density Residential BACKGROUND: The applicant has submitted a variance request to construct a detached two- stall garage on the property located at 4701 Aberdeen Road. In order to construct the garage a variance to the front yard setback along Roanoke Lane is required as follows: Proposed Required Variance Front yard 10 feet 20 feet 10 feet It should be noted the application contains a request for a rear yard variance as well. The yard space adjacent to the west property line would be considered as a side yard, requiring a 4 feet setback for accessory structures. The property has 3 street frontages - Hanover Road, Roanoke Lane, and Aberdeen Road. Yard spaces adjacent to these roads are considered front yards, requiring a 20 feet principal structure setback with the exception of Roanoke which is allowed a 10 feet setback. As a through lot, accessory structure provisions provide for a 20 feet front yard setback for a garage when its door faces the street. The side yard setback minimum is 4 feet. The proposed garage is a 24 feet by 24 feet- two-stall design with a work space above. Access to the work space is provided by an exterior stairway located in the rear of the garage. The property does not currently have a garage. Access to the garage would be needed with a curb cut south of the existing curb cut. _'-l-~'4h Third Street, Suite 100, Minneapolis, Minnesota 55401 [oiz) aaS-0800 Fax(612) 338-6838 p. 2 #03-12 Albrecht Variance Apri! 4, 2003 In 1991, the property owner poured a concrete slab for a garage in the same location the proposed garage would be placed. One course of concrete block identifies its location. Notes in the property file indicate a permit was not issued for the slab and staff cannot verify if it was constructed to meet minimum building code requirements. A retaining wall of approximately 5 feet in height, forms the south wall of the garage and acts as a retaining wall as well. The submitted hardcover calculations indicate the property is over the impervious surface maximum by 2554 square feet. The 6400 square feet lot is allowed 2560 square feet (40%). As proposed, the hardsurface is 5114 square feet or 80%. A variance was granted by Resolution #91-113 to allow for the construction of a 24 feet by 24 feet garage, presumably similar, to the current request. Because the garage was not built within one year of the request, the variance was voided. You will note, the variance also recognized the nonconforming home setbacks. Current variance practice does not tie the nonconformity of another structure to the request. Additionally, at that time, hardcover was not regulated. REVIEW PROCEDURE: City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound and generally states that a variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land. 60-DAY PROCESS: Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance application was received and deemed to be complete on February 26, 2003 and the 60-day timeline expired on or around April 25, 2003. Within the 60-day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. NOTIFICATION: City policy requires that abutting property owners are notified of variance requests by mailed notice. DISCUSSION: The request to build the garage is reasonable from the standpoint that the property does not currently have enclosed parking. As the survey indicates, there is a large concrete area where vehicles and other items are being stored outside. The garage would provide the ability to house some of these items. As demonstrated by the hardcover calculations, there is an excess of hardcover on the property. Although the project would only contribute additional hardcover for the driveway, about 200 · ~,x',- 'h Third Street, Suite 100, Minneapolis, Minnesota 55401 -l~b- ~w~; o.,8-0800 Fax (612) 338-6838 p.$ g03-12 Albrecht Variance April 4, 200.~ square feet, the mount is still double what code would require. This is a somewhat difficult situation to address because the hardcover appears to have existed prior to the adoption of the Shoreland Management Regulations. Although the property owner is certainly encouraged to reduce the amount ofhardcover, as a preexisting condition, the City cannot require a reduction if the project does not contribute additional hardcover. RECOMMENDATION: Staff recommends the Planning Commission recommend Council approval of the variance as requested with the following conditions: 1. There not be a net increase in hardcover on the site. 2. The City Engineer review drainage issues related the garage and curb cut at Roanoke Lane. 3. The previous foundation and retaining wall is subject to review by the Building Official as may be deemed necessary to comply with applicable Code requirements. 4. The applicant shall be responsible for the payment of all costs associated with the variance request. 5. The applicant shall be responsible for all necessary building permits. _ ¥'.C~-:_h Third Sa,et, Suite 100, Minneapolis, Minnesota 55401 ~3','2~'.,.,8-0800 Fax (612) 338-6838 City of Mound VARIANCE APPLICATION Commission Date City Council Date RECEIVED F£ B 2' 6 2003 Application MOUND PLAN~IINB CaseNo.~/'~- I City Planner DNR City Engineer PARKS Public Works Other Fee: $200.00 Please type or print legibly SUBJECT Address ~"¢ ,~0 ( ~¢~"~]'¢_,¢ Cd PROPERTY LEGAL Lot / & ~)-C2 Block DESC, Subdivision ~(0 ~) ~ ~ PID~ .... ~O-~[~-~,~ ~ L) ~ <~ Plat~ ZONING DISTRICT R-1 R-lA R-2 R-3 B-1 B-2 B-3 ~WNER Address L~.h0 [ ~*-r'Z{(,~. ~, ~0 ~.~ Phone(H) ~[~--/,~/ (W) ~3~'-Z~¢ 0 (M) APPLICANT Name (IF OTHER Address THAN OWNER) Phone (H), (W)_ .(M) Has an application ever been m.a~de for zoning, vanance, conditional use permit, or other zoning procedun for this property? Yes ( ) No (/~). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application Page 1 of 3 Revised 01/30/02 - 1997- Case No. 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (.,~) No (.), If no, specify each non-conforming use (describe reason for vadance request, i.e. setback, lot area, etc.): ' REQUIRED REQUESTED VARIANCE (or existing) Front Yard: ( N S E W ) ~ ~ ft. Side Yard: ( N S E W ) ft. Side Yard: ' (NSEW) ft. Rear Yard: ( N S E W ) 1' .~ ft. Lakeside: ( N S E W ) ft. :(NSEW) ft. Street Frontage: ft. Lot Size: sq ft Hardcover: sq ft ft. I0 ft. ft. ft. ft. ft. ft. ff. ff. ft. ft. ft. sq ft _sq ft s'qff sqff 4. 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? '~oo narroW ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape Please describe: '-~ ~ 0 ¢ .~t ~ v'- 4 L) ,. ( ) soil ( ) existing situation ( ) other: specify Vadance Application Page 2 of 3 Revised 01/30/02 - 1998- Case No. 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: 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (~'}. If yes, explain: 8. 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? 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. Owner's Signature )licant's Signature Variance Application Page 3 of 3 Revised 01/30/02 - 1999- Date CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) LOT AREA SQ. FT. X 30% = (for all lots) ....................................... I' ' LOT AREA SQ. FT. X 40% = (for Lots of Record) ............................. LOT AREA SQ. FT. X 15% = (for detached buildings only) .................. * Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined In Zoning Ordinance Section 350:1225, Subd. 6.B.1 (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE ~. ~. L x 2~./, ~/ = DETACHED BUILDINGS (GARAGE/SHED) TOTAL HOUSE .................................................... X = TOTAL DETACHED BUILDINGS ........................... · .... DiRIVEWAY, PARKING X = AREAS, SIDEWALKS, ETC. X = TOTAL DRIVEWAY, ETC ........................................ DECKS Open decks (1/4" min. X / = Opening between boards) with a ~ pervious surface under are not X = counted as hardcover. TOTALDECK ....................................................... TOTAL HARDCOVER / IMPERVIOUS SURFACE ............................................... UNDER O~R~indicate difference) .................................................................... pREPARED BY Rev 05-29-94 DATE -2000- 5341 MAYWOOD ROAD MOUND, MN 55364-1687 'CITY OF MOUND PH: (952) 472-0600 FAX: (952) 472-0620 ' WEB: Www.cityofmound.com March 12, 2003 James and Mary Albrecht 4701 Aberdeen Road Mound, MN 55364 RE: Variance Application This letter is in regard to the variance application you submitted on February 26, 2003 for a new garage'at 4701 Aberdeen Road. Based upon preliminary review by City staff, the application has been deemed to be complete and will be forwarded on to the Planning Commission for review at its April 7, 2003 meeting. If you have any questions, please do not hesitate to contact me at your convenience at (952) 472-3190. Community Development. Director printed on recycled paper -2001 - THIS PAGE IS INTENTIONALLY LEFT BLANK -2002- I I CERTIFICATE OF SURVEY FOR J~M ALBRE,CHT ...~.. OF. LOT I,&20,, PLOC.K 5, DEVON HENNE?I~ ,,OUNTY, MINNESOTA ! q O0 '0 IdAI, tov~-I~- (qlo,,) (qla. 4 ) LEGAL DESCRIPI'ION: Lots 1 & 20, Block 5, Devon , This drawing shows 'the location of an exis'Ling house and garage foundation Jn relatiOnshJ, p to the above described property. encroachments. /-~-~·:Iron Marker Datum:City of ;:~ound 'bench marl; It does not purport to show any otl]er i.mprovemeqts or DATE --j _ Z~.-'% I SCALE J ".~- 2..O" /OB NO. ":9l- Zl~-' I '" -ffL~' ~// I~c- (,::~' CoL o I ~ .,11111 II'lllillli~ ,I EXECUTIVE SUMMARY Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: May 8, 2003 SUBJECT: Minor Subdivision APPLICANT: Mark Stone CASE NUMBERS: 03-11 and 03-17 ItKG FILE NUMBER: 03-05 LOCATION: 6380 Bayridge Road ZONING: R- 1 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential The minor subdivision and variance was reviewed by the Planning Commission at their April 21, 2003 meeting. This case involves a lot split that would create an additional conforming parcel with the exception of improved roadway frontage. Staff' s recommendation was for approval with a number of conditions. The Planning Commission noted a number of concerns with the slope of the existing driveway, the need for driveway cross access easements, the garage location of the proposed home, and the potential retaining wall work needed with a future cul-de-sac improvement project. The motion for denial was unanimous and supported by the following findings of fact: 1. No frontage on an improved roadway. 2. The need to secure cross access easements for Parcel A through Parcel B. 3. Difficulty due to topography for driveway access. 4. Questionable legal ability to bind future owners with an agreement to not contest future roadway improvements. Given the recommendation for denial by the Planning Commission, Staff has not prepared a Resolution at this time. City Council should review the case and direct staff to prepare a Resolution for consideration at its next meeting. Staffwill likely execute a 60-day extension on or before May 27th. The first 60-day review period will end on the Second City Council meeting of the month, May 27th. 123 No~h Third Street, Suite 100, Minneapolis, Mirmesota 55401 (612) 338-0800 Fax (612) 338-6838 -2007- Excerpts from the MINUTES MOUND ADVISORY PLANNING COMMISSION APRIL 21, 2003 CASE #03-11 Minor Subdivision (2 lots) CASE #03-17 Variance - lack of access on improved public street 6380 Bay Ridge Road - Mark Stone The property is located at the end of Bay Ridge Road. Current use includes a 1 ~A-story home with an attached tuck-under double garage. As currently held, the property includes approximately 23,429 square feet not including the Bay Ridge Road roadway easement. Without the roadway easement the legal description indicates the property includes 27,003 square feet. According to the current proposal, Parcel A (existing home) requires a variance for lack of frontage on an improved street; Parcel B (proposed home) would not require a variance. Gordon and Cameron felt that the cul-de-sac might be improved when the street was reconstructed, assessing the adjacent property owners at that time. Staff recommends approval of the minor subdivision with the following conditions: 1. The City Engineer must approve final grading and drainage plans at time of building permit application. 2. Provide drainage and utility easements along all lot lines, five (5) feet wide on the sides and ten (10) feet in width along the front and rear lot lines. 3. Installation of the new sanitary sewer service to Bartlett Boulevard and the water service to the main in Bay Ridge Road must either be completed or some type of financial guarantee provided, such as cash escrow, letter of credit or performance bond. 4. Provide copies of the recorded easements for (1) sanitary sewer service to Bartlett Boulevard and (2) the cross easements for the common driveway. 5. Sanitary sewer and watermain area trunk charges in the amount of $1,500 each, for a total of $3,000 shall be paid at the time of building permit application for Parcel B. 6. The property owner secures a recordable agreement with the City to not contest future roadway assessments to Bay Ridge Road, as they may be needed. 7. Park dedication fees shall be paid prior to release of the resolution. Discussion Hasse thought that whoever proposed the cul-de-sac in the first place should be required to construct it. Gordon said the benefited property owners would be responsible in the future. -2008- Planning Commission Minutes April :21, 2003 Clapsaddle wasn't really excited about the driveway setup. Isn't it more logical to put the tuck under on the opposite end? He doesn't like the idea of setting up lots that need to share driveways. Pastuck said changing the garage to the other side is a feasible option. Joyce Blum, 3016 Highview Lane - Drainage from Bartlett to Bay Ridge is a huge issue. She was concerned about pumping sewage all the way to Bartlett and who maintains the system. Gordon said the homeowner was responsible for maintenance. Blum asked about the reliability of that kind of a system. Gordon indicated that the technology is pretty reliable. Blum asked how the storm drainage was being addressed. Gordon said that future plans include ponding and laying storm sewer pipe. William Blum, 3016 Highview Lane (neighbor to the west) - How close will the building be to the property line? Gordon indicated it would be 15 feet. MOTION by Clapsaddle, seconded by Hasse, to recommend approval subject to the conditions set forth in the planning report and requiring garage on the south end instead of the north. Mueller is uncomfortable approving this without the cul-de-sac being constructed. Future plan would be unenforceable. The shared driveway is another issue. The number of cross easements is complicated. The cul-de-sac would simplify things. Gordon reminded that the north parcel is in process of being split. Along the lot line are utility easements and the sanitary sewer for the Bay Ridge properties will run through this easement area. Clapsaddle said it is not good to have a shared driveway. The 2 lots should stand alone. Hasse asked if it wouldn't it be better to put in one pump instead of 4? Gordon said that was a question for Cameron. Osmek was of the opinion that people are going to argue about building the cul-de-sac. He thought the cul-de-sac would never be built. This request should be tabled until we are assured that we can make an agreement stick legally. Mueller wanted assurance that this was not a bluff area. Gordon indicated it was not that it is just steep slopes. This may have been a bluff at one time but it's been impacted. Clapsaddle said the only way the existing house works is by using some of the property from the new lot. Henry Sandoval, 6370 Bay Ridge Road - During the winter months the incline to Stone's garage is so steep that sometimes he has to park in the street. They park in front of his house. Smith thought an opinion from the City Attorney would be appropriate. 2 -2009- Planning Commission Minutes April 21, 2003 Mark Stone said that construction of the cul-de-sac wouldn't affect the driveway on Parcel A. If the garage were on the south side the driveway wouldn't touch the existing driveway at all. Michael asked about a CUP process for this. Gordon indicated that, if it wasn't dedicated roadway that's the way we would look at it. Stone said that the cul-de-sac land was donated in 1976. It should it have been constructed at that time because it is a hardship for me now? Clapsaddle and Hasse withdrew the motion. Mueller indicated that the driveway is in the place it is because the swale was there. Is it good planning practice to allow a driveway to run that much in front of someone else's house? Gordon thought it might have been worked out some other way. With some engineering options we could work through this today. Mueller said the Olson's put the cul-de-sac in for a future subdivision of the area. It was anticipated at the time. When the property is subdivided that's when the cut-de-sac should have been put in. MOTION by Mueller, second by Osmek, to recommend denial of the applications. Osmek thought they intentionally divided it this way so the driveway would work. To allow the driveway to be put in someone else's front yard to this extent is not responsible. MOTION carried unanimously Findings of fact: No direct access to right of way; impossible task of any future development on Parcel A to create a driveway on its own property; difficulty due to topography for driveway access; questionable legal ability to bind an agreement to future owners. 3 -2010- PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: April 16, 2003 SUBJECT: Minor Subdivision and Variance APPLICANT: Mark Stone CASE NUMBERS: 03-11 and 03-17 ItKG FILE NUMBER.' 03-05 LOCATION: 6380 Bay Ridge Road ZONING: R-1 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential BACKGROUND/DISCUSSION The applicant has submitted an application for a minor subdivision to divide an existing parcel to create an additional buildable lot. The property is located at the end of Bayridge Road. A legal description is provided on the accompanying property survey. Current use includes a 1½ story home with an attached tuck-under double garage. As currently held the property includes approximately 23,429 square feet not including the Bay Ridge Road roadway easement. Without the roadway easement the legal description indicates the property includes 27,003 square feet. The applicant proposes the following development standards and variances for Parcel A and B: Proposed Pared A (Existing home) Lot Area 14,698 sq. fi. Lot Width (improved road) 0 feet Sideyards 10 feet Front yard 30 feet Hardcover 2482 sq. ft. Required Variance 10,000 sq. ft. 60 feet no improved frontage* 10 feet 30 feet 4409 sq. ft. (max) *If cul-de-sac was improved, Parcel A would have approximately 90 feet of frontage at the building setback. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2011- p. 2 #03-11and 03-17- 6380 Bay Ridge Road Minor Subdivision and Variance Apr# ~6, ~oo3 Proposed Required Variance Parcd B (Proposed home) Lot Area 12,305 sq. ft. 10,000 sq. ft. Lot Width 0 feet 60 feet Sideyards 10 feet 10 feet Front yard 32 feet 30 feet Hardcover 3452 sq. ft. 3880 sq.ft. (max) *If cul-de-sac was improved, Parcel B would have approximately 90 feet of frontage at the building setback. The property is unplatted land described with a metes and bounds survey. A number of applications for subdivision have been attempted on this property dating back to 1976. At that time the original parcel included the land from Wilshire Blvd. to Lake Minnetonka (current parcel #'s 23-117-24-33-0023, 23-117-24-33~0031, and 23-117-24-32-0065). That approval split the parcel north/south at Bay Ridge Road and provided the cul-de-sac bulb roadway easement. An application was submitted in 1993 (#93-55) to split the parcel north of Bay Ridge Road but was not approved. A similar application was submitted in 1998 (#98-43) and approved and filed to create the existing parcel. The Commission may also remember the minor subdivision request in 2002 (#02-12) to split the Wilshire parcel. 'It was approved last year but has not been recorded. This is mentioned just as background information because of the drainage and utility issues that affect the current parcel. As noted in the Engineer's Report, Bay Ridge Road is unimproved within the bulb of the roadway easement shown for the cul-de-sac. The improved road ends on the eastern edge of Parcel A. If the roadway were improved in the cul-de-sac area, the proposed minor subdivision would meet all zoning related items for lot width, lot depth, and area. Without the road improvement, the lot is deficient the required improved roadway frontage. The proposed home shown on the survey indicates a 25 feet by 60 feet size with a tuck under two-stall garage on the north side. A walkout and deck are shown on the south side of the home. The plans indicate the intentions to share the existing driveway with the current home. The City usually attempts to ensure a cross-access easement in place as a part of development review. In this proposal, the easement would benefit Parcel A because the driveway connects to Bay Ridge in front of Parcel B. The home is placed to respect a 30 feet setback from the roadway easement. Although the lot appears to be shallow east/west, it does meet the mean lot depth of 80 feet. Typically, a dead-end street would include a cul-de-sac which is a benefit to all homes on that street section. The primary purpose of a cul-de-sac is to provide the ability for fire, rescue and 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (-20'1 2-)800 Fax (612) 338-6838 p. 3 # 03-I land 03-17- 6380 Bay Ridge RoadMinor Subdivision and Variance April 16, 2003 maintenance vehicles to maneuver efficiently. As the City Engineer has commented, Bay Ridge needs a cul-de-sac at some point, likely when the street is reconstructed. There is currently no schedule for those improvements. One of the questions the Planning Commission and City Council must answer is should a variance be granted for no improved street frontage. Typically when there is no street frontage and a. private drive serves more than one residence, a conditional use permit is required. In this case, the right-of-way for the improvement is secured and the question is really when will the cul-de-sac be built? As the City Engineer notes, the improvement could occur with street improvements. ENGINEERS COMMENTS See April 17, 2003 1V[FRA Memorandum STAFF RECOMMENDATION Staff recommends the Planning Commission recommend Council approve the minor subdivision with the following conditions: 1. Final grading and drainage plans must be approved by the City Engineer at time of building permit application. 2. Provide drainage and utility easements along all lot lines, five (5) feet wide on the sides and ten (10) feet in width along the front and rear lot lines. 3. Installation of the new sanitary sewer service to Bartlett Road and the water service to the main in Bay Ridge Road must either be completed or some type of financial guarantee provided, such as cash escrow, letter of credit or performance bond. 4. Provide copies of the recorded easements for (1) Sanitary sewer service to Bartlett Boulevard and (2) the cross easements for the common driveway. 5. Sanitary Sewer and Watermain Area Trunk charges in the amount of $1,500 each, for a total of $3,000 shall be paid at the time of building permit application for Parcel B. 6. The property owner secure an agreement with the City to not contest future roadway assessments to Bay Ridge Road as they may be needed. 7. Park dedication fees be paid prior to release of the plat. Staff recommends the Planning Commission recommend Council approve the request for a variance to improved roadway frontage for the following reasons: 1. The City has secured the necessary roadway easement area to build a cul-de-sac which does not inhibit its ability to carry out these improvements. 2. It is likely the roadway will be improved in the future to meet current subdivision code design standards for cul-de-sacs. 3. If the roadway were built, the proposal would not require a variance. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 1-2013-)800 Fax(612) 338-6838 CITY OF MOUND 5341 Maywood Road, Mound, MN 5364 Phone 952-472-0600 FAX 952-472-0620 Planning Commission Date: City Council Date: Distribution: City Planner Public Works City Engineer MINOR SUBDIVISION APPLICATION Case No. ,Application Fee: $ 250 Escrow Deposit: $1,000 ~ DNR Deficient Unit Charges? Parks Delinquent Taxes? · ~,~ Other Variance Required? Pleasgpe or print clearly EXISTING Subject Address PROPERTY LEGAL Lot Block Subdivision DESCRIPTION PID# Plat ZONING Circle: R-1 R-lA R-2 R-3 B-1 B-2 B-3 DISTRICT The applicant is: ~/'owner other: APPLICANT Name ~v~.~R\~. Of~f"J~L.-,,, 5TO¢¢ Address ~O - I Phone(H) q¢~ ~ 7 ~'~ O??(W) (M) OWNER Name (if other than applicant) Address Phone (H) (W) ~ (M). SURVEYO~ Name ~0~ ENGINEER Has an application ever been made for zoning, variance, conditional use permit, or other zonin{;] procedure for this property? ( ) yes,~'~'no. If yes, list date(s) of application, action taken, resolution number(s) and provid~ copies of resolutions. Application must be signed by al_J 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 fdt; all costs incurred by the City related to the processing of this application. 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 postings, mai~ng and rerr~.o.~~tices as may be required bylaw. Owner's Signature Date Minor Subd Application Page 1 of 1 Revised 01/16/03 -2014- CITY OF MOUND 5341 Maywood Road, Uourtdl MN 5364 Phone 952-472-0600 FAX 952-472-0620 VARIANCE APPLICATION 2003 Application Fee: $200.00 Planning Commission Date City Council Date Escrow Deposit: $500.00 No. ,,, 17 Please type or print legibly SUBJECT Address PROPERTY Lot Block LEGAL DESC. Subdivision PID # Plat # ZONING DISTRICT R-1 R-lA R-2 R-3 B-1 B-2 B-3 PROPERTY Name ~ ~,-/t ~t, ~'T"o ~'d e. -~OWNER Address ~, ~ ~ © ["~ ~ w [~i ~t G q_ A ,el /'~ C ~-~ ('~ t~,~, (~ ¢~ Phone (H) ¢~1 tS'D- z./7 i~,- ~ ~¥~(W) (U). APPLICANT Name (IF OTHER Address THAN OWNER) 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. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (12/30/02) Page 1 of 3 -2015- Case No. ~-i? 3. Do the existing Structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQUIRED REQUESTED (or existing) VARIANCE Front Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. ft. ., ft. ft. ft. Lot Size: sq ft sq ft sq ft Har~c,~r:}/:. . . .sqft -~ sqft.. I sqft 4. Does th f th~f prope~ conform to all regulhtions for the zoning distric~ in w'l=iich i~'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 ..~;Y'other: specify Please describe: C.(._)L, C/O_- Variance Application (12/30/02) Page 2 of 3 -2016- Case No._7 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: 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (~k")', No (). If yes, explain: 8. 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? cie e_/ p 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. Owner's Sign atu re.'/~F-~/~.__ Date Date-,~-~ t~-~. ('3 ~ Vadance Application (12/30/02) Page 3 of 3 -2017- THI;S PAGE IS INTENTIONALLY LEFT BLANK -2018- .Proposed Minor Subdivision for MARK STONE · Est in 1962 LOT SURVEYS COMPANY, INC. N LAND SURVEYORS · REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue North 763-560-309:3 Fax No. 560-3522 Minneapolis. M~nnesota 55428 INVOICE 64957 F.B.NO. ' SCALE:·1" = - 30' o Denoteg Iron Monument Proposed Elevation Denotes ........ Denotes Existing Contour -"~~ Denotes Proposed Contour ~v=95Z59 rap=SE6:2; 50UT/Y /~IGHT OF W~ Y L INF OF HI t;/~FA ¥ No, ! 10-., i,v=984.68 GARAGE :' 969.J The only easements show~ are from plats of record or inlormotlon provided by clienJ. We hereby certify that this is o true and carrecf representation of o survey Of Ihe boundaries at the above described lund end the location O.f 011 buildings Gad visible encroachments, if any, from or on said land Surveyed by us this 26th day of February ?oo~. EXISTING LEGAL, DESCRIPTION: That part of the West 150,00 feet of that part of Government Lot 5 lying South of State Highway No. ilo and running Lo Halstad B~y. Lake Minnetonka. Section 23, Township 117 North, Range 24 West. and also lying northerly of the following described line: Commencing at the Northwest corner at Roi{lng Shores, according to the plat thereof on file or of record in the oft}ce of the Register of Deeds. Henneptn County· Minnesota. thence southerly on an assumed bearing of South along the West line of said Rolling Shores and the East line of the West 150.00 feet of said Covert, sent Lot 5. a distance of 339.4:~ feet to Lbe centerline of Bay Ridge Road; thence South 67 degrees ,52 minutes 52 seconds West along the extended centerline a distance of 26.99 feet; thence South 74 degrees, 0 minutes 53 seconds West a distance of 180.02 feel to the West line of Government LoC 5, said point of intersection being 378.82 feel ~South of the South right-of-way line of Highway No. IlO, end also lying Southerly of the following described line; Commencing at the Northwest corner of Rolling Shores. according to the plat thereat on file or of record in the office of the Register of Deeds. Rennepin County. Minnesota: thence southerly on an assumed bearing of South along the West line of said Rolling Shores and the East line of the West 150.00 feet of said Government Lot 5. a distance of ~70.00 feet Lo the point of beginning of the line to be herein described: thence South 79 degrees 19 minutes 06 ~econds West a distance o[ 152.64 feet [o the West line of said Government Lot 5 and there terminating, Subject Lo all easements of record PARCEL A Area of parcel A is 14698 sq.ft (0.,337 acres) That part of the West 1,50.00 feet of that part of Government Lot 5 lying South of State Highway No. llO and running to Halstad Bay, Lake Minnetonks. Section 23. Township 117 North. Range 24 West. and also lying northerly of the following described line: Commencing at the Northwest corner of Roiling Shores. according lo the plat thereof on file or of record in the office of the Register of Deeds. Hennepin County, Minnesota. thence southerly on an assumed bearing of South along the West line of said Roiling Shores and the East lille of the West 150.00 feet of said Government Lot 5. a distance of 339.43 feet to the centerline of Ray Ridge Road: thence South 67 degrees 62 minutes 52 seconds West along the extended centerline a distance of 26.99 feet; 'thence SouLh 74 degrees. 0 minutes 53 seconds West a distance of 180.02 feet to the West line of Government Lot 5. said point of intersection being 375.38 feet South of the South right-of-way line of Itighway No I Ia, and also lying Southerly of the following described line; Commencing at. the Northwest corner of Rolling Shores, according Lo the plat thereof on file or of record in the office of the Register of Deeds. Hennepin County. Minnesota; thence Southerly on an assumed bearing of South along the WesL line of said Rolling Shores and Ihe East line of the West 150.00 feet of said Government Lot 5. a distance of 170,00 feet to the point of beginning of the line to be herein described; thence South 79 degrees 19 minutes 08 seconds West a distance of 15Z.84 feet to the West line of said GovernmenL Lot 8 and there terminating. and also lying Northeasterly of the following described line: Commencing at the southeast corner of the above described property: thence ,South 67 degrees 5~ minutes 52 seconds West :~6.99 feet to the point of beginning of the line to be herein described: thence North 44 degrees 57 minutes 38 seconds West 9393 feet; thence North 17 degrees 59 minutes 49 seconds West 95.00 feet to the the nortb line of said property and there Lerminaling. Subject to all easements of record. PARCEL B Area of parcel 13 is 12305 9q.ft (0.282 acres) Thai part of the West 150.00 feet of that part of Governmeot Lot 5 lying South of State Highway No, 110 and running to Halstad Bay. Lake Yinnetonka. Se~:tion 23, Township 117 North. Range 24 West. cud also lying northerly of the following described line: Commencing at the Northwest corner of Rolling Shores. according to the plat thereof on file or of record in the office of the Register of Deeds. Hennepln County. Minnesota, thence southerly oll an assumed bearing of South along the West line of said Rolling Shores and the East line of the West 150.00 feet of said Government Lot 5. a distance of ,339.43 feet to the centerline of Bay Ridge Road; thence South 67 degrees 52 minutes 52 seconds West along the extended centerline a distance of 26.99 feet: thence South 74 degrees, 0 minutes 53 see. ands West a distance of 180.02 feet to the West line of Gover.nment Lot 5. said point of intersectio~ beitig 375.32 feet South o[ the South right-of-way line of Highway No. 110, and al.~o lying Southerly of the following described line; Commencing at the Northwest corner of Rolling Shores. according to the plat thereof on file or of r. ecord in the office of the Register of Deeds. Hennepin County. Minnesota; thence southerly on an assumed bearing of South along the West line of said Rolling Shores and the East line of the West 150.00 feet of said Government Lot 5. a distance of 170.00 feet to the point of beginn'ing of the line to be herein described; thence South 79 degrees 19 minutes 06 seconds West e distan~k of i52.64 feet to the West line of said Government Lot 5 and there terminating. and also lying southwesterly of the following described line: Commencing at the southeast corner of the above described property; thence South 67 degrees 52 minutes 52 seconds West 26.99 feet to the point of beginning of the line to be herein described; lhence North 44 degrees ,57 min{~tes. 38 seconds West 93.93 feet:'thence North 17 degrees 59 minutes 49 seconds West 95.00 feet to the the north line of said property and there termmating. Subject to all easements of record· c! * '"'~'?v"""=':'"'""'~ "" PARCEL B '"--:L ~ "'" / /// Area of existing drive = 1~93+/- sq. ft. // Area of prop. drive & wall = 380 sq. ft. .-"/' Area of proprosed house = 1500 sq. ft. Total area of prop. hardcover = 5375 sq. ft. Area of Parcel = 12505 sq. ft. Percentage of Hardcover = 24.97 % Topography and improvements from survey doted March 5th, 1998. HARDCOVER CALCULATIONS Signed RECEIVED NAR 3 2003-. MOUND PLAN~iNU & IN,Si PARCEL A Area of existing drive = 509+/- sq; ft. Area of House -- 1873 sq. ft. Area of prop drive addition = !00 sq. fi. TOtal ~re(] of prop, hordcover = 2482 sq. ft. Area of Parcel = 14698 sq. ft. Percentage of Herdcover = 16.9 ~ Charles F. Anderson, Minn. Reg. No.21753 Gregory R. Pragch, Minn. Reg. No.24992 ¢otch bos~ Fop= 99 t. 72 inv=987.59 ' - ~ , ·. , I'. ' ' " " ';;z, ' '" ~ ,,, ,. ~ Se~~. : ~ ~ EXISTING LEGAL DESCRI That part of the West 15 No. 110 and running to ~ 24 West. and also lying n corner of Rolling Shores, Register o~ Deeds. Hennel South along the West lin Government Lot 5. a dist 67 degrees 52 minutes 5~ thence South 74 degrees. Government Lot 5. said [ line of Highway No. 110, at the Northwest corner office of the Register of bearing of South along t feet of said Government herein described: thence to the West line of said ~ PARCEL A Area o That part of the West 1~ No. l l0 and running to i 24 West. and also lying ~ corner of Rolling Shores Register of Deeds, Henne South along the West lir. Government Lot 5, a dis' 67 degrees 52 minutes 6 thence South 74 degrees Government Lot 5, said line of Highway No. 110, at the Northwest' corner office of the Register of bearing of South along ! feet of said Government herein described: thence to the West line of said and also lying Northeas] the above' described pro the point of beginning o seconds West 93:93 feet; the north line of said p~ 0 PARCEL B 'Area o That part of the West 1[ No. 110 and running to : 24 West. and also lying ~ corner of Roiling Shores Register of Deeds, Henne South along the West lit Government Lot 5. a dis 960' ~6 969. retoinin, TUCKUNDEI~; GARAGE ,,' It ~ROPOSE~ ...... g~' ;DRIVWAY ADDITION c~ " power " ~ ' pole "'.'<' 67 degrees 52 minutes 5 thence South 74 degrees Government Lot 5. said line of Highway No. 110. at the Northwest earner offi~e of the Register of 'bearing of South along t feet of said Government herein described: thence t'o th'e West line of said and also lying southwes the above described pro the point of beginning o seconds West 93.93 feet: the north line of said pi ~>oim ,., ~-.. '-....: .... ' .... r' PARCEL B -~., >. z..' / Area of existing drive / / // Area of prop. drive ~ wall = -~reo of proprosed house = 1 Total area of prop. hardcoverl---- , Area of Parcel = 12305 sc Percentoae of Hardcover = 2' Engineering ° Planning · Surveying MEMORANDUM DATE: April 16, 2003 TO: Sarah Smith, Community Development Director FROM: John Cameron, City Engineer SUBJECT: City of Mound Stone Minor Subdivision 6380 Bay Ridge Road Case g03-11 MFRA #14280 As requested, we reviewed the Stone Minor Subdivision request and have the following comments and recommendations. Comments General This parcel was created by a minor subdivision approved in 1998 by Resolution #98-44. There is a long history on this property, including other subdivisions and applications, which will be covered in the planning report. Grading and Drainage The plan submitted with the application shows only a tentative house location with a few proposed contours. A more complete grading plan would need to be submitted with the building permit application, including structural calculations for the proposed retaining wall which is shown as eight (8) feet high. The existing parcel does not have drainage and utility easements along the lot lines as is now required on all lots. If the subdivision is approved, both parcels will need new drainage and utility easements. -2021 - 15050 23rd Avenue North · Plymouth, Minnesota . 55447 phone 763/476-6010 · fax 763/476-8532 e-ma#: mfra@mfra, com Ms. Sarah Smith April 16, 2003 Page 2' Utilities There is no sanitary sewer available in Bay Ridge Road. The existing house on Parcel A has a lift pump which is connected to the City main in Bartlett Boulevard by a forcemain. Parcel B would also need to be served in the same manner which will require a private easement across the property to the north. City water is available at the hydrant located at the end of the bituminous on Bay Ridge Road. A new service with curb box will need to be installed. Street and Driveway As shown on the survey submitted with application, the cul-de-sac (CDS) for Bay Ridge Road is unimproved. The actual street ends about at the two catch basins shown on the survey. When the very first minor subdivision on this property was approved in 1976, an easement for the right-of-way for a CDS was provided; however, the property owner was not required to actually construct the CDS. Since then, the property was sold and the present house built in 1994 and we still do not have an improved CDS. The plan proposes to use a shared driveway in the location of the present driveway to the existing house on Parcel A. Because of the topography, a separate new driveway located on Parcel A to serve the existing home would be virtually impossible. This shared driveway will require cross easements between the two parcels. This dead end street should have an improved CDS, especially if we are now talking about three (3) homes and two (2) driveways; however, it would be cost prohibitive to do the improvements for one new home. The existing grades would require the construction of a retaining wall along the north edge of the CDS. One solution to the problem would be to delay the improvements until such time the streets in this area are reconstructed. Recommendations 1. Final grading and drainage plans must be approved by the City Engineer at time of building permit application. 2. Provide drainage and utility easements along all lot lines, five (5) feet wide on the sides and ten (10),feet in width along the front and rear lot lines. 3. Installation of the new sanitary sewer service to Bartlett Road and the water service to the main in Bay Ridge Road must either be completed or some type of financial guarantee provided, such as cash escrow, letter of credit or performance bond. 4. Provide copies of the recorded easements for (1) Sanitary sewer service to Bartlett Boulevard and (2) the cross easements for the common driveway. 5. Sanitary Sewer and Watermain Area Trunk charges in the amount of $1,500 each, for a total of $3,000 shall be paid at the time of building permit application for Parcel B. cc: Loren Gorden, HKGI s:~'nain:Xmoun 14280\correspondence~smith4-16 -2022- (t)tl 1~5 ' O~LO! ~, (2T) ~ "'"" (4) 1 6380 BAY RIDGE ROAD MARK STONE BLDG: SFD #10349 3-14-94 PLUMBING #2638 5-2-94 MECH #2641 5-9-94 SECTION 23 R-1 THAT PART OF GOVT LOT 5 23-117-24 32 0037 (61223) (2) Z~. 4~ S89'4 ZSI. 64 ~ ZS, 09 14 13 g (~7) ~- 7/I 5;q'8 I I -2023- U4LSr~o,s ~Y -2024- 2~0 3~3~d >IDFI.LS~d NHO£' 6c~/_60/_I~2~1~cJ F,l~ :~1~ ~'~nz/Tn ?~n -2025- -2026- 'gEl 'qDt~d >IDRJ..S~'d NHO.I.' E, cl./_RR,.' l:,7:.'llq 7:~ :mT c'r~ ,'"rr~ ,'~ -2027- Property Information Search by Property ID Result page Page 1 of 2 Search By: & ~':~" ~. '~. ~ · ~: ' Property ID: t2311724330031 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.m. (CST) Parcel Data for Taxes Payable 2003 Click Here for State Copy of Payable 2003 Tax Statement · ', x. :~ ¢:'~ :i;'i~ 23-117-24-33-003~ 6380 BAY RIDGE RD MOUND 277 Construction year: 1984 3 Parcel Size: IRREGUL M D & V C STONE MARK D & VELIA C STONE 6380 BAY RIDGE RD MOUND MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value ar warranted to represent arms-length transactions. NO SALE INFORMATION ON FILE FOR THIS PROPERTY. Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description UNPLATTED 23 117 24 THAT PART OF W 150 FT OF GOVT LOT 5 WHICH LIES SLY OF LINE A AND NLY OF LINE B SAID LINE A IS DESC AS COM AT NW COR OF BLK 1 ROLLING SHORES TH ON Note: This is a Partial Metes & Bounds Description. To receive full tax parcel description, email request to taxdescription(~co.hennepin.mn.us Value and Tax Summary for Taxes Payable 2003 Values Established by Assessor as of January 2, 2002 Estimated Market Value: Limited Market Value: Taxable Market Value: Total Improvement Amount: Total Net Tax: $251,000 $194,700 $194,700 $2,334.53 http ://www2. co. hennepin, mn. us/pins/pidresult.j 2~5~8-_", 311724330031 4/3/2003 Property Information Search by Property ID Result page Page 2 of 2 Total .qpecial A~e~ment~: Solid Waste Fee: Total Tax: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status 1269 $36.97 $2,371.50 :!~ ~ ?~!? ~ Property Information Detail for Taxes Payable 2003 Values Established by Assessor as of January 2, 2002 Values: $62,500 $188,500 $251,000 $48,500 $146,200 $194,700 RESIDENTIAL HOMESTEAD 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 c 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 applica' Send e-mail to Henn. Net@co.hennepin.mn.us Copyright © 1998 - 2001 Hennepin County http://www2.co.hennepin.mn.us/pins/pidresult.j:_ 1~0'~9 2311724330031 4/3/2003 Hennepin County Map Server Page 1 of 2 Click on map to view information on adjoining properties Scroll down to see property address, value & tax info Last u~iat¢: 3/04/2003 at h00:00 PM READ IMPORTANT DISCLAIMER INFORMATION BELOW Approximate PropertyApproximate Property ID Perimeter 23-117-24-33-0031 669 ft. Property Address Market Value 6380 BAY RIDGE RD $ 251,000 $ 2,371.50 MOUND, MN 55364 Click on Property Information Button below to view main tax information page for the property you have selected yz.~ ~x¢~.:~: 'i':~:'~;:: ~:2 :i;i~;:~, ~, 'i~:~'~' Property Area 23,429 S~.ft. = 0.558 acres ·otal ~x (2003) The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618 or via e-mail at Bob. Moulder@co.hennepin.mn.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation. http ://www 19. co.hennep.../esrimap, dll?name=H£ ~)-:~l~-_%cmd=Find&VALUE=231172433003 4/3/2003 76 -34 -13-76 RESC~UTION NO. 76 - 34 RESCLUTION GRANTING THE DIVISION OF PLAT 612237~? PARCEL 1780 INTO TWO PARCELS AND THE. DEDICATION~' OF LAND FOR THE E!~ENTUAL COMFI.ETION OF A CUL DE~ SAC (Survey of land, division and cul de sac ~tt) WHEREAS, property identified as Plat 61223 parcel 1780, Section 23 Gover'nment Lot 5 measures 681 feet by 150 feet, and WHEREAS, it has been requested that said property be di.vided into two parcels to settle an estate, and WHEREAS, a provision will be made dedicating land for the com- pletion of a cul-de-sac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOUNC]L OF MOUND, MOUND, MINNESOTA: That division of Plat 61223 Parcell 1780 into two parcels and the dedication of land for the eventual completion of a cul-de-sac be §ranted. Adopted by the Council this 13th day of January, 1976. -2031 - THIS PAGE IS INTENTIONALLY LEFT BLANK -2032- Engineering ' Planning ' Surveying May 7, 2003 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound Municipal Well No. 8 MFRA #13313 Dear Mayor and Council Members: Enclosed is a tabulation of the three (3) bids received on April 30, 2003 for the-new municipal well on Evergreen Road. The bids ranged from a low of $89,575.00, submitted by Mark J. Traut Wells, Inc. of Waite Park, Minnesota, to a high of $155,175.00. The Engineers estimate was $121,000.00. Traut Wells installed the test well for the City last fall so we already have a good working relationship with them. Therefore we are recommending that a contract in the amount of $89,575.00 be awarded to Mark J. Traut Wells, Inc. If you have any questions or need additional information, please contact us. Sincerely, MFRA John Cameron, City Engineer JC:rth s:knain:kmou13313\correspondencekmayor-council5-6 -2033- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-6532 e-mail: mfra@mfra, com .~ ...... ~ · · .~ .~ · .~ .~ .~ .~ · . .~ · · · -2034- Storm Sewer: Single-Family or Two-family Residential Cemeteries Parks and Railroads Public and Private Schools/Institutional Use Multi-family Residential Uses Commercial/Industrial/Warehouse Use Churches $5.13/Iot/qt r. $2.10/acre/mo $6.41/acre/mo $10.71/ac/mo $25.73/ac/mo $43.16/ac/mo $10.71/ac/mo Street LiRhtin.q: Fee per account per month $1.64/ac/mo. hall be paid by the applicant for land use application expenses which the Cit3 incurs in regard to the review and processing of that application, and which exceeds the application fee. Such expenses may include, but are not limited to, direct City payroll and overhead costs, fees paid to consultants or professionals acting as an agent of the City, the cost ol printing, mailing and supplies. Such miscellaneous fees shall come due immediately upon notification by the City. The City shall provide, upon request of the applicant, a breakdown of the various expenses incurred by the City. The City may withhold any final action on a land use application and/or rescind prior actions until all miscellaneous fees are paid in full. The City may request additional deposits if deemed necessary. Adopted by the City Council this 13th day of May, 2003. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 13 -2035- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: From: Date: Re: Honorable Mayor and City Council Sarah Smith 5/8/2003 Franchise Ordinance Fee Information As the City Council is aware, City staff has been evaluating possible revenue generating options due to pending budget cuts to LGA from the State of Minnesota. One option currently under strong consideration is the implementation of electric and gas franchise fees as allowed by local ordinance as well as state statute. In short, a franchise fee is charged to the utility by the municipality and subsequently is passed through to the customer and/or consumer on the monthly bill. According to Jim Strommen of Kennedy & Graven, many communities have recently enacted franchise fees including Deephaven and Cottage Grove. As the City Council may be aware, a new gas franchise ordinance was adopted in 2002 and a draft electric franchise ordinance is currently under review by City staff. Based on information supplied Reliant Energy and Excel, City staff has prepared some preliminary revenue estimates which could be generated by enactment of a franchise fee. According to Ame Hendrickson of Reliant and Pat Kline of Excel, both utility companies have been receiving numerous requests from cities for the proposed rate information and are contemplating the enactment of franchise ordinances. Members of the Council are advised that City staff.recently met with Mr. Hendrickson and Mr. Kline to discuss the possible enactment of a franchise fee. In the event you have any questions, please do not hesitate to contact either Kandis or myself. -2036- E3H OS Ac~oUfi~ summary Preylous Balance. Adjustments Bai=~hce'": Cui~rent,Blllifig N~w BalanCe Dete~Due In Our,Off,ce: Hay 29~ O~ · 'DUP.L[CATE COPY:, Other ChargeSDetall Date Due In Our Offioe: See other aide for late payment details. AJ~ounts Due: We appreciate ~hat you pay your b~[ls promptly. Thank You. 55q72-00~! Account Number:. ~q7. 0th Jr Amount Due: · , -.' He d~d no~ bi[! your budge~ · .~,,.'.. emoun~ ~h~s month because yc ac~uaZ gas beZance ~s less ~hafi'~Y.eu~ budg~. Your bud( MINNEAPOLIS MN 55~18'$'9~9' - s~ar~s again ~n August. Ple~ hhh,hh,l,,h,,llh,h,,IhhiRfl~{~.hR,.iTl~RLi'i~,oun* Oue. HTgS.OOO98~flO!408000ooq763000000000 Other C~a~ 9:00 .OD o~ A~coUnt ~ .rnber:_ Biiliflg"Dat~'F I GaS Cha~gee ~g.66 - 9.66 O0 ~.00 + ~i7'. 65 ~q7.65 Apr 9 - ~hank You ''tG%"¢?~'ge~Det. il O~.e,:~'~r dumber: 60~62Z Reading an Apr 2 0Z 0~65 6 6. CC.F. Ti~es.. Therm .Fa c~o~.. ,~f 0:996 ='TH&H~'a used ~d" Zg"Oays__66 R~s~den~a[..Rate: Delivery Charge ~0.12857 per Therm Cos~ of Gas '~ $0.q8650 To~ai Cos~ $0.61q87 C66 Therms g $0.61q87) $q0.58 City Franchise Fee 1.gq Sales Tax .Il To,al Curren~ Billing.. ~47.65 *lnclu'cles a Purchased Gas Adjustment of $ 0. lq, 059 /Therm from the base cost of gas established in 1995. Average Dally Temperature: Th~s Per~.od This Year: This .Per~od LasSo Yearc Reliant % Energy. Minnega$¢o Mail correspondence to or pay bills at: P.D. BOX 1Z97 MINNEAPOLTS, MN 55q720061 WQTXS7Z Avemge Dally Gas U~ge: Th~s Per~od This Year: Th~s Per~od Las~ Year: q6 Degrees F q9 Degrees F [f~uh~eques~onsorcommen~p~e~e~ll: Ne~ M~erReading: May ~1~ 02 Ne~BiilingDate: Jun 5, 02 ~$ee~herslde ~rmoreinform~on - M-F 7AM-SPM SAT BAM-SPH B~i! [n~o 612-S72-q727 Moving 6~Z-$72-~720 Credi~ _612-$7Z-q680 _2037'_innegasc°.com 2.5 Therm: 2.1Th."m: 0 -2038- CITY OF MOUND RESOLUTION NO. 03-__ RESOLUTION AMENDING EMPLOYEE AGREEMENT BETVVEEN THE CITY OF MOUND AND CITY MANAGER, KANDIS HANSON WHEREAS, the City of Mound and Kandis Hanson entered into an employment agreement on March 14, 2000; and WHEREAS, this agreement was amended by Resolution No. 01-57 on June 26, 2001, and by Resolution No. 02-60A on May 21,2002; and WHEREAS, Kandis Hanson has presented a performance evaluation dated April 22, 2OO3; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to amend the following items on the aforementioned agreement. Items not mentioned remain as stated in the March 14, 2000 agreement. 1. Salary. The City of Mound shall pay Hanson for her services rendered on an annual base salary of $81,876 plus an additional 10% of her salary for time worked over 40 hours per week, equaling $90,063.60, effective and retroactive to April 17, 2003. Her salary is payable in installments at the same time as other employees of the City. Adopted by the City Council this 22nd day of April, 2003. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -20~39,7-,, /_.. '7- ~-2040-; 4, -- ~pr ~5 ~803 16:14:44 ~ia Fax -> 9SZ47~0~0 ~nini~ro~or Page 881 0£ Ofl~ F 'dayF - ri aX- A weekly legislative update from the League of Minnesota Cities Senate Tax Committee debates the governor's tax proposal The Senate took up the governor's tax bill, SF 748 (Belanger, R-Bloomington), today in the Tax Committee. The committee passed a couple of author's amendments, including one exempting local units of government that do not receive local government aid from levy limits, but did not take a vote on the measure. Running out of time, the committee did not take public testimony or finish their discussion on the governor's proposal. The comrnittee will finish discussion on the governor's tax proposal early next week--likely Monday or Tuesday. DFL Senators argued that the governor's bill is not fair or balanced and questioned the administration's conclusion that our current budget deficit is the result of a spending problem, not a lack of sufficient revenues. Chair of the committee, Sen. Pogemiiler (DFL-Minneapolis), cited data showing that state gave back $4.1 billion in 2002-03 and $5.6 billion in 2004-05 in tax reductions when times were good. Revenue Commissioner Dan Salomone defended the governor's package and noted that the administration is attempting to tweak levy limit provisions, particularly caps on debt service levies, to provide more flexibility and avoid stopping local projects that are nearly ready to go. Sen. Pogerniller suggested that if the House sends the governor's tax bill to the Senate, then he would encourage Senate leadership to give the governor's bill an up or down vote on the Senate floor. Sen. Belanger (R-Bloomington), the author of the bill, said that that scenario is unlikely since the House budget targets vary from the governor's recommendations. Commissioner Salomone also told members of the cornrnittee that the administration will release its new LGA formula next week, possibly as early as Monday or Tuesday. He said that the governor is seeking to implernent the new formula in 2005 at the 2004 spending level for the program, or $352 April 25, 2003 Page 1 of 2 million. The new formula was expected out earlier this week. Senate bonding bill six votes short On Thursday, the Senate debated a $418 million bonding bill on the floor, but came up six votes short of the 41 votes needed to pass the bill. Legislative rules require a 60 percent margin to pass bonding bills. Many of the items in the Senate bill represent projects vetoed by Gov. Ventura last session. The bill includes various projects that benefit local communities, including nearly $7 million for regional parks, $20 million for the local road improvement program, $2 million for greater Minnesota transit facilities, $10 million for North Star commuter rail, $13 million for the public safety radio communications system build-out, more than $30 million for the wastewater infrastructure program, $12 million for greater Minnesota business development infrastructure grants, and $24.5 million for flood recovery in Roseau. Senate Republicans criticized the plan as "pork" that would result in more government spending and higher taxes to pay debt service on the bonds. They offered an alternative $148 million bonding bill that failed on a 23-43 vote. Sen. Keith Langseth (DFL- Glyndon), chief author of the bill, and other DFL Senators countered that the bonding projects contained in the bill would help boost MinnesOta's sagging economy and provide good jobs. The House is not pushing a similar bonding bill this session and the chair of the House Capital Investment Committee, Rep. Phil Krinkie (R- Shoreview), has said that a bonding bill is very unlikely. However, House leadership has not closed the door to the possibility of a scaled-back bonding bill as part of final negotiations as they try to end the session by the May 19 deadline. For more information on city legislalive issues, contact any memb¢~ of the L~agu¢ of Minnesota Cities Inlergovcmmcntal Relations team, 651.281.1200 or 800.925.1122 -2041 - ~pr Z5 Zf183 16;15;Z8 Via Fax -> 95Z4?ZOflZ8 ~d~inis%ra%or Page flOZ Of 88Z - Frid ay Fax - A weekly legislative update from the League of Minnesota Cities Finance committees racing toward April 29 deadline for spending bills After a 5-day break, House and Senate budget comrnittees returned to the Capitol on Tuesday to process omnibus spending bills in an effort to meet the upcoming April 29 finance committee deadline. The Senate began finalizing its omnibus appropriations bills this week in the budget divisions and is expected to finish work on the transportation and health and human services spending bills next week. All of these spending bills will need to stop in the Senate Finance Committee for approval by next Tuesday to meet the third committee deadline. On the House side, the Ways & Means Committee began hearing omnibus appropriations bills on Wednesday and will wrap-up the remaining bills early next week. Several of the bills that contain tax provisions, such as the environment and natural resources bill, the education bill, and the transportation bill also made a stop in the Tax Committee. The House will debate the omnibus bills on the floor next week Next week the House and Senate tax committees will begin to craft their respective versions of the omnibus tax bill. The House and Senate majority caucuses have established rough targets for their tax bills, but the important details on levy limits, debt restrictions, and aid cuts have not been publicly announced. Both the House and Senate have tentatively targeted a reduction in the governor's proposed cuts in LGA and market value homestead credit. As the pace picks up in the final weeks of this session, LMC staff will be over at the Capitol monitoring lengthy committee hearings and floor debates. We will continue to keep cities informed of irnportant events as they unfold. April 25, 2003 Page 2 of 2 House passes conceal-and-carry bill that removes municipal authority; Senate likely to approve measure Monday In an unusual procedural move, the House on Wednesday amended a controversial concealed- carry bill onto a Dept. of Natural Resources technical bill. The move means the Senate will now be forced to vote the proposal up or down without the opportunity to amend the bill. The bill specifies that, unless a permit is denied with a substantial likelihood that the applicant is a danger to oneself or the public, sheriffs must issue a permit to an applicant who otherwise meets the requirements in law. The League and law enforcement organizations oppose the bill because it removes much of the discretion currently granted to law enforcement to approve or deny handgun permits. The bill allows businesses to post signs saying that guns are prohibited on the premises, but does not give local units of government the authority to post properties in their jurisdictions. Rep. Ann Lenc'zewski (DFL-Bloomington) offered an amendment on behalf of the League that would allow cities to post municipally-owned facilities such as libraries, community centers, and city halls. The amendment failed on a vote of 48 to 84. Legislators offered several amendments on the floor to further restrict guns at schools, chlldcare centers, colleges, sports facilities, and other public places. The House did adopt one amendment that would impose a lifetime ban on permits for anyone convicted of a violent felony. After several hours of debate, the House passed the bill on an 88 to 46 vote, sending the amended bill back to the Senate for an up-or-down vote. In response, the Senate voted on a watered down concealed-carry bill on Thursday, but the motion failed. The showdown is now pushed to Monday when the Senate is expected to vote on the House version of the bill Fo{' mo{'e infm'malion on city legialal[v¢ ia'me.,.., conlact any membe{' of the I...¢ague of Minnemola Cilies Inlei'gove~'nmental Relations. team. 65'1..281.1200 or 800.925.1122 -2042- May 05 Z803 14:ZT:ZB Via Fax -> 95Z47ZBGZ0 Adainistrator Page 801 Of 004 - Frid ayF ax - A weekly legislative upclatefrom the League of Minnesota Cities We apologize--events at the Capitol went late into the evening on Friday. Therefore, we are sending a Monday edition of tire Friday Fax. Legislative activity cranks-up Legislators have just over two weeks in the regular legislative session to finalize the House and Senate tax proposals, close a $1 billion gap between House and Senate budget-balancing proposals, iron-out differences in several omnibus spending bills and debate hundreds of other issues. The focus this week will be action on the omnibus tax bills and the likely appointment of conference committee me rnbers. After a marathon Thursday floor session that adjourned early Friday morning, the House passed the last of eight omnibus spending bills. The Senate finished up their floor session work for the week wrapping up the transportation and health/human services bills late Friday night. The highlights in each spending area are provided below. Criminal Jastice Finance The House spends over $1.4 billion on public safety, judiciary, and corrections programs; about $51 rnillion rnore than Gov. Pawlenty recommended. The bill cuts the State Fire Marshal's budget by $1.5 million, but allows the division to recover these cuts in fee increases for hotel, resort, and school inspections. It also reduces state funding for CriMNet by $3.5 million. However, state officials plan to use additional federal funds to continue implementation of this statewide criminal justice information system. The proposal raises about $60 million in fees--mostly coming from court fee increases, public defense co- pays, and a $5 surcharge on criminal and traffic offenses. The Senate passed a $650 million criminal justice package (total does not include corrections spending) as part of the state government budget May 5, 2003 Page 1 bill. The Senate bill restores funding for anti- terrorism equipment and training grants to local units of government. It reinstates $4 million for CriMNet projects and protects funding for law enforcement grants. The Senate proposal spends almost $16 million more on 911 programs and dedicates at least 20 cents a month ofgll fees for distribution to public safety answering points. The bill also authorizes additional revenue bonds to fund the build-out of the public safety radio communications system (800 MHz). Omnibus Transportation Finance Earlier this week, the full House passed a $1.2 billion transportation funding bill. The bill closely resembles the governor's recommi~adation to pay for road projects by borrowing money and leveraging federal funds, not by raising the gas tax. The bill provides no new money for local roads. The Senate transportation package provides $2.1 billion. It increases the gasoline tax from 20 cents to 25 cents per gallon in order to "pay as you go" in funding new projects. In addition, a license tab fee schedule change will generate about $90 million in the first year and $105 million in the second year of the biennium. The Senate bill provides $1.3 billion for trunk highways, $395 million for local and county highways, and $445 million for transit. The measure also allows the commissioner to spend up to $250 million on trunk highway improvements approved by the federal government and designated as advance construction funds. A League-sponsored provision that would allow cities to impose transportation utility fees to pay for street reconstruction and maintenance was removed in the Senate Tax Committee. Omnibus Jobs & Economic Development Finance The House proposal spends $389 million ($334 million general fund) on jobs and economic development programs. The bill takes many of the governor's recommended cuts a nd includes the governor's recommendation to provide $2 million Foi' more info,'marion on city legislative is:ue,, contact any member, of Ih¢ League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1'122 -2043- May 85 Z803 14:28:12 Via Fax -> 9524?Z86ZO fidmiois%va%or Page 882 0£ 884 for a University of Minnesota/Mayo Clinic partnership grant. It also pumps additional resources into Roseau for flood recovery and extends the Petrofund program through 2007. - Frid ay Fax- A weekly legislative update from the League of Minnesota Cities May 5, 2003 Page 2 to the Office of the State Auditor (OSA), and a proposal transferring best practice reviews from the legislative auditor to the state auditor. The Senate appropriates over $426 million for economic development purposes, $356 million from the general fund. The Senate bill cuts more from contaminated site clean-up grants and the Minnesota Investment fund, and converts the investment fund to a revolving loan program. However, the bill includes additional funds for grants to various workforce development orga niza tions and creates a new job training grant program. The Senate proposal does not merge the departments of Trade & Economic Development (DTED) a nd Economic Security. The House and Senate both provide more funding for housing programs than the governor recommended. Both proposals also increase the amount that can be spent from the petroleum tank release fund to administer the contamination clean-up program; change the operation of the rural challenge grant program; and add job enhancement as a goal for various DTED programs. The House bill also includes a couple of miscellaneous provisions that would cap fees cities could impose on vendors selling consumer fireworks, and pre-empt cities' ability to set fines and penalties for businesses that sell tobacco to minors. Omnibus State Government Finance The House passed a $474 million omnibus state government finance bill after over ten hours of debate on Thursday, while the Senate spends $557 million on these programs. The House bill contains many policy provisions, including language transferring compensation limit waiver requests and local government pay equity compliance from the Dept. of Employee Relations The proposal would allow the state auditor to charge fees to cover the costs associated with evaluating compensation limit waiver requests from local units of government and administering pay equity compliance. It includes a hiatus from pay equity reporting requirements in 2003 and 2004, and changes the length of the pay equity reporting cycle from every three years to every five years beginning in 2005. Under the House bill, responsibility for conducting best practices reviews is transferred to the OSA beginning in 2004. The bill requires the state auditor to consult with various organizations representing local governments, but it does not appear to continue the Best Practices Advisory Council. These provisions are also traveling in a separate bill--HF 1082 (Samuelson)/SF 919 (Robling)--proposed by the OSA. The Senate did not transfer responsibility for pay equity compliance and compensation limit waivers in its version of the omnibus state government budget bill. However, the Senate State Government Budget Division did pass SF 919 (Robling, R- Jordan), which includes the provisions transferring the best practice review program to the state auditor. Environment, Natural Resources and Agriculture The House bill provides $411 million for natural resources and agriculture programs, while the Senate version appropriates $451 million for these purposes. The House plan increases state park fees and cuts a third of the funding for state ethanol subsidies, paying producers 13 cents a gallon until 2008 when the payments would increase back to the 20-cent level. The Senate proposal raises additional revenue by increasing some recreation fees and cuts For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmenlal Relations team. 651.281.1200 or 800.925.1122 -2044- ethanol producers to a lesser degree than the House and the Governor, paying producers 16 cents a gallon. Both bills increase water appropriation fees to fund DNR Waters division programs. The bills also contain several policy provisions, including a provision directing the Pollution Control Agency (PCA) to modify its water quality assessment rules. This language is the result of negotiations between the League of Minnesota Cities, the Coalition of Greater Minnesota Cities, the Farm Bureau, and the PCA. Conceal and carry law to take effect May 28 'd -Fn ayFax- A weekly legislative update from the League of Minnesota Cities May 5, 2003 Page 3 decide for themselves whether they need to carry a concealed weapon. Three groups supported the legislation - the National Rifle Association, Concealed Carry Reform Now and the Republican Party of Minnesota. Governor Pawlenty this week signed into law a bill that reduces local authority over issuance of concealed handgun permits and is expected to significantly increase the number of permit-holders. The law gives private entities the right to prohibit guns on private property, but preserves the longstanding law that prohibits local units of government from restricting permit holders from bringing concealed weapons to local public places. Guns are allowed in city halls, recreation centers, state and county fairgrounds, convention centers and public sports arenas. The Minnesota Personal Protection Act, passed in the Senate on a 37-30 vote and signed into law by Gov. Tim Pawlenty on April 28, removes all authority from police chiefs to issue conceal and carry permits and mandates that sheriffs issue permits to all applicants except those convicted of serious crimes. More than 300 organizations including city councils, statewide police associations, churches and health and education groups opposed the legislation, arguing that the new law would put an est i mated 90,000 a ddit tonal concea led weapons onto the streets. Currently, fewer thanl.?_.,O00 individuals have permits to carry concealed weapons. Proponents of the bill argued sheriffs had too much discretionary authority and that applicants should An amendment offered in the House on behalf of the League of Minnesota Cities would have allowed public facilities such as city halls, parks, and recreation centers to prohibit concealed weapons on the premises. The amendment failed on a vote of 48 to 84. League staff is in the process of drafting information about what the new law will mean for cities. The document will be available next week and will contain information relating to legal implications and human resource issues as well as details about what rights property-owners--such as cities, schools and private businesses-have to prohibit guns on property. Watch the League's web site and the Cities Bulletin for updates on the availability of the information. House Tax Committee completes tax bill Late Friday, the House Tax Committee completed work on its version of the omnibus tax bill. The bill contains numerous provisions that will impact city budgets in 2003 and beyond. The Senate will likely compile their version of an omnibus tax bill sometime this week, setting up a conference committee with less than two weeks remaining in the regular legislative session. The House bill contains deep cuts in LGA and market value homestead credit for 2003 and 2004-- although the cuts are nearly $75 million lower than the cuts contained in the governor's original budget proposal. The House tax bill has nearly $100 million in additional revenue when compared to the governor's plan due to new revenues generated by a casino operated at the Canterbury Downs racetrack. With this higher tax committee revenue target, the House has reduced the cuts to city LGA and market For more information on city legislative issues, contact any member of lhe I.~ague of Minnesota Cities Inlergovernm~ntal Relations team, 651.283..1200 or 800.925.3.3.22 -2045- Xou 85 Z883 14:Z9:39 Via Fax -> 9524?ZSGZB fi&ainis%rator Page 884 Of 884 -FridayFax- value homestead credit. Estimates of the cuts will be posted later today on the LMC web site (www.lmnc.org). Perhaps one of the least understood components of the House tax bill is the revised levy limits for cities and counties. The bill includes severe levy limits that will be in place for the next two year and these limits will impact ALL cities. A weekly legislative update from the League of Minnesota Cities May 5, 2003 Page 4 developed so that levy limits would not create an incentive for cities to automatically levy to their maximum. Under the House bill, these same cities would lose all but 30 percent of their unused levy limit. The new levy limits are severe for two reasons--- they will not allow cities to increase their property tax for current state aid cuts and the computation would no longer include an inflation adjustment. In previous years, each city's levy limit has been directly tied to LGA. If the city's LGA increased, the city's levy limit would be decreased by the same amount. Similarly, reductions in LGA would result in a dollar-for-dollar increase in a city's levy authority. Under the House plan, each city's levy limit for taxes payable in 2004 would not increase by the amount of the 2003 reduction in LGA. However, any increased cut in state aids in 2004 beyond the cut in 2003 would result in increased levy authority. In contrast to the Governor's levy limit proposal, the House plan would use the current law definition of "special levies" which are outside of levy limitstincluding levies for debt service. The governor's proposal would not have classified all debt levies as "special levies" which would have potentially restricted the ability of a city to increase property taxes to cover debt service for some new debt issues. The House Tax Committee's bill will be introduced today as HF 1597. The bill will be sent to the Ways & Means Committee later today and will likely be on the House floor for final consideration early this week. There is still time to contact your representative to express your concerns about the aid cuts and levy limits contained in the House Tax bill. The levy limit calculation also eliminates the inflationary adjustment based on the implicit price deflator--wMch is now estimated to be slightly more than 3 percent. The only growth in the levy limit would be based on household growth and one- half of the growth in commercial-industrial market value. These two adjustments would only provide very modest levy increases in rapidly growing cities while fully developed cities would receive little, if any increased levy authority. The calculation of levy limits under the House bill also eliminates most of any unused levy authority for cities that did not levy to their limit for 2003. Under current law, cities that are covered by levy limits but who chose to levy at a level less than the limit would preserve any unused levy authority for future years. This feature of levy limits was For more infotrnsliort on ,'ily legislaliv¢ issues, aonlac! any member of Ihe League of Minnesota C/lies Inler~;ovemmentsl Relations learn. 651.281.1200 or 800.925.1122 -2046- Arthur J. Gallagher & Co. of Minnesota, Inc. May 5, 2003 Mr. G/no Busi_n_.aro City of Monad 5341 Maywood Road Mound MN 55364 LMCIT !n-qurmac¢ l~.~aowal Bffcctive: Februm'y 1, 2003 Dear G/~o: There is an increase ia your City', total renewal pr~iurrb from $144,333 to $151,044. The primary reasons for the City's premima ~creazes are: Property_ I) 2) The LMCIT Prop~-ty P, xtes incre2zed 10% for ~e ~t poh~ t~. ~e LM~ ~~ ~e R~lacment ~st V~u~ for ~e B~gs, Coat,ts, Pmp~ ~ ~e ~ ~ we~ ~ Mobile Eq~pm~t 2.6% W ~v~ ~e ~st of infl~om Murficipal Liabilitg This premium decreased :~rom $52°460 to $47,312 due to:. 1) Est~rn..ated ratable operat~g expgnditures inorcased from $3,713,410 to $3,958~g60. 2) Tom/ratable ~m~.~ expem~litares rlecrea~ed from $8,740,110 to $8,481,556. 3) There were 4 Lmad Use ¢]a~m.q and 1 E&O el~_~__m_.. Liat>ffity cia/ms dm-~g thc 1999-2001 ralfiag period, wtfi~ faotor heavily into the liability ra~g due to the normally expcasive defense cos'ts, ev~ wlae~a there is no loss paymgnt. 4) The LMCIT Liabfl/ty Rates decmase~l 8% for the ourmnt policy tm're. -2047- Workers' Comp~msa~io~ 1) Work Comp. premium rate~ inor~ed 10% for~.2003. 2) T~c premium credit for managed oar¢ is 3 %. 3) F~t~ .~_.ated payrolls were increased to represent eu/~rent employment. 4) Yov. r .93 Expetie~c,e Medific,~tion is ba~ed on the employee injury loss experience for the1999-2001 policy years, and is equal to a 7% credit, The enclosed Insurance Summary outlines the coverage mid premiums..,~ in greater detail. The EDA coverage is in a separate Ins~ranoe Summary. We are looking forward to providi~ for the City's inmumnee need~, Please call if we can be of further service. P at Mege-r PM/ms Encl. -2048- TO: : 04/10/2003 LMCIT PREMIUM BREAKDOWN coverage Period: 02/01/2003 - 02/01/2004 CITY OF: MOUND & MOUND VOLUNTEER COVERAGE PROPERTY (Per $100 Coverage)* BOILER COVERAGE MOBILE PROPERTY(Per $100 CoveraGe): SCHED.OVER 25,000 UNSCHED.25,000 & LESS MUNICIPAL LIABILITY AUTO LIABILITY & PHYSICAL DA~GE ~IME-INSIDE/OUT/FORGERY AVERAGE RATE .10461 .35726 *These AVERAGE RATES are to be used for ESTIMATES of PREMIUM ALLOCATION ONLY AMOUNT OF COVERAGE $ 8,911,875 $ 8,911,875 $ 461,000 $ 688,361 SEE ATTACHED *SEE ATTACHED $ 100,000 $ 200,000 TOTAL PREMIUM: PREMIUM $ 9,323 $ 1,782 $ 1,647 $ 1,102 $ 47,312 $ 29,568 $ 1,161 $ 91,895 04/20 PREPARED BY: -2049- League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 145 University Avenue West St. Paul, MN 55103-2044 RENEWAL DATA The "City": CITY OF MOUND & MVFD ATTN: FINANCE DEPT 5341 MAYWOOD ROAD MOUND, MN 55364-1687 Agreement No: Quote to: Quote Due On: Agreement Expires: ' 02-644 01/11/02 02/01/02 Your coverage under, the LMCIT Self-Insured Workers' Compensation program will expire soon. This Renewal Data sheet will be used to generate a. premiz~m quote for the difl~rent workeM~ compensation,plans available. A copy of the City's previous year's selected coverages and premimns is attached for your reference. Coverage Options All of the options available to the City are outlined below, and described in the accompanying memo, Things tO Think About when Renewing Your City's Workers' Compensation Coverage. You can select any coverage options in'which the City may be interested. Premium quotes for all coverage options will be provided, and a final coverage decision can be made at the time you receive the Ifyes, please list the estimated ~fial'.lSii~roll'foFaii'el~'6ffieials the city wbuld 'like' to cover un'der workers' compensation. The 2002 premium rate for mayors and coan¢!l members is $.37 per $10~ of.P.a~ll., ,TI~..[s~ .rotes,is. applied to the greater of either the · '6ffieial'.~ ~etukl sal' or an iTM //ie~l. sal~ of$;~0 p~ ~ek'. Not~;iU~;~rt/ge for.'el~aed officials requires a resolution passed by Payroll Description Code Amount Elected Officials 9411 $ 16 ;500' Members of Separate Administrative Boards: Please indicate if the City would be~interested in covering members of separate administrative boards. Yes X · No If yes, please select any separate administrative boards the City would like to cover under workers' compensation. (This coverage includes Board Members only.) 1. ~ Utility or utility commission 5. __ W~01fare or public relief agency 2. ~ Port authority 6. ~ School board 3. Jr Housing and redevelopment authority s~...a.S. Co.urle~_~. ~Joint powers board 4. ~ Hospital or nursing home board or commission 8. Other Employees of Separate Administrative Boards: If the City has elected to cover specific Board Members above, the City can also choose to cover employees of those boards. Please indicate which type of quote the City would like: X No quote for administrative board employees. :,.' ' ~./ ~ ..Combined quote to 'include employees of both the adm!nistrative boar..d and the ~ity. . :.:~. :, ...? . .....: .'. ~";~_ '.. '! .'-: ,Separate quot~ for emPioc/ees'b'f'the Cit7 and ~/ch administrative b,o..g~ ~el~¢ted'~l~6~e. " .. ~ ...... tl~Olnnt~rs. Please indicate ffthe C~ty would be m~reste, d ..m c..o.y..ermg CIty v. ol..,,unteers not deszgnated as employees. (Th~s cOvel~age does nor.include volunteer firefighters; ambulance attendants, firstresponders, law enforcement assistance volunteers, cxwl defense volunteers, or any other volunteers defined by statute as employees for purposes of work comp coverage.) (OV~.R) -2050- City Employees: Please indicate the estimated payroll for City employees for the coming policy year. The payroll descriptions and codes provided are the most commonly used. If you need to add additional payroll descriptions, please use the blank spaces and the codes on the attached list. holiday, and vacation pay should be included in the payroll totals. Do not reduce payrolls for sick, holiday, and vacation pay. your City have a flexible benefits plan such as a cafeteria plan, Section 125 plan, or flexible reimbursement account plan? Yes X No Employee contributions to a flexible benefits plan should be included in the payroll figures you provide. City contributions should not be included. (This is similar to how these plans are treated under PERA.) Payroll Description Code Amount Payroll Description Code AmOunt Ambulance Services (Not _ Volunteer) 7380 $ Sewage Plant 7580 $ - Ambulance Services (Volunteer) 7381 $ 2 OffSale Liquor Store 8017 $ 1 9 2. 860 Building Operations 9015 $ ]ftc[: 133 ~ Street and Road Construction 5506 $ [90, ~.70 City Shop and Yard 8227 $ - Waterworks 7520 $ ~ fid Cl*dc~Offi~ 8810 $ 462,~U Omen Sewer Maint. 5506 $ .... ~-' 1'~'7 /,~/, Electric and Steam Power 7539 $ - Other: CS0 883 1 $ 2't .. 5 30 Firefighters (Not Volunteer) 7706 $ - Other: Cemetery 9 t02 $ 5,120 Firefighters (Volunteer) 7708 Pop. Served: 1 7: I~00 Other: Fire Secretary 8810 $ 19,500 MunicipalEmployees 9410 $ - Other: Fire Chief/Fire 8810 $ 41,300 Parks 9102 $ 1 AA: RRfl Other: Insp,ector Police 7720 $ 658,147 Other: $ Restaurant and Bars (on sale) 9084 $ _ Other. $ Premium Options Please select the premium options below in which the City is most interested. All of the premium options selected will be quoted to City; however, only one premium option can be ultimately assigned for the coming plan year. Regular Premium Option: Please indicate if the City would be interested in the regular premium option. Yes~--"'~-No ~ Deductible Options: Please indicate the deductible level and associated premium discount the City would like to consider. Deductible Premium Credit $250 3% $500 4.5% $1,000 6% $2,500 10%' · $5,000 13.5% $10,000 18% Retrospective Rating: Please indicate if the City would be interested in retrospective rating (if applicable). Yes ~ No __ Managed Care Option: Please indicate if the City Participates in a state-certified managed care organization (MCO) for workers' compensation benefits, and if so, the name of that organization. Yes X No __ MCO: Comprehensive Mgnaged Care Contact Information: Please provide us with a contact for questions about the City's workers' compensation coverage. GinoBusinaro@~ityof City Contact person Gino Businaro Phone952-472-0608 Email ..... Please fax this completed form to the League of Minnesota Cities Insurance Trust at 651-281-1297. have any questions, please contact Barb Meyer, Policy Services Technician, by phone at 651-215-4173 or 800-925-1122, or via at bmeYer2@knnc.org. -2051 - Metl politan Council Building communities that work April 30, 20O3 Honorable Patricia Meisel Mayor City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mayor Meisel: This letter is to introduce myself as the Metropolitan Council member, recently appointed by Governor Pawlenty, for District 1. I have also been assigned to Chair the Management Committee and serve as a member of the Environmental Committee. I have experience representing northern and western Hennepin County cities and working with local communities and the overlapping jurisdictions. I served on the Metropolitan Council from 1980-1984 during Govemor Quie's administration and from 1992-1998 during Governor Carlson's terms in office. I represented Brooklyn Center at the Legislature from 1966 to 1972 and served on the Plymouth Planning Commission in 1992. I am interested in learning about Mound's planning related issues and identifying, ways. the Council can assist in resolving them. I would also like to hear about your successes. IfI can be of assistance, please feel free to contact me at rscherer~schererbros.com. Robin Caufman, Senior Planner and Sector Representative for District 1, is also available to assist the City and answer questions. We will be contacting you or your staff shortly to arrange for a time to meet in person. Ms. Caufman can be reached at robin.caufman~metc.state.mn.us or 651.602.1457. I look forward to meeting you and working with your community. Regards, Roger Scherer Metropolitan Council District 1 cc: Kandis Hanson, City Manager www.metrocouncil.org Metro Info Line 602-188, i 230 East Fifth Street St. Paul, Minnesota 55101-1626 o (651) 602-1000 An Equal OvDo~:llrtitv Employer -2052- Fax 602-1550 · TTY 291-0904 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, April 23, 2003 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Foster READING OF MINUTES- 4/9/03 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in one motion unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. PUBLIC HEARINGS · James Haug & Kelly Johnson, variance application from LMCD Code for dock length requirements. 1. Public Hearing 2. Discussion and/or Consideration Gideons Point HOA, new multiple dock license and variance applications for 51 Boat Storage Units (BSU's) on 2,553' of continuous shoreline. The proposed variance application is to amend a previously approved variance at Lots 1-5. 1. Public Hearing 2. Discussion and/or Consideration WATER STRUCTURES A) (*) 2003 Multiple Dock Licenses, staff recommends approval of 2003 renewal, without change, multiple dock license applications for Chimo HOA and Seton Twin Homes; B) Michael & Donna Wallace, consideration of Findings of Fact and Order for approval of dock length and side setback variance application; C) Additional Business; 2. SAVE THE LAKE A) (*) Minutes from the 3/11/03 "Save the Lake" Advisory Committee Meeting; -2053- B) Discussion of request from Perry's Towing; C) Additional Business; 3. FINANCIAL A) Audit of vouchers (4/15/03 - 4/30/03); B) Additional Business; 4. EWM/EXOTICS TASK FORCE A) Update from Chair on requesting funding from the MCWD on potential funding of the LMCD EWM Harvesting Program; B) Minutes from the 4/11/03 EWM/Exotics Task Force Meeting (handout); C) 2003 EWM Harvesting Season, staff overView of project (handout); D) 2003 Zebra Mussel Project, consideration of State of Minnesota Income Contract; E) Additional Business; 5. ADMINISTRATION A) Discussion of draft LMCD Data Practices Policy; B) Additional Business; 6. LAKE USE & RECREATION 7. EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10.ADJOURNMENT -2O54- DRAFT LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, April 9, 2003 Tonka Bay City Hall CALL TO ORDER Nelson called the meeting to order at 7:00 p.m. ROLL CALL Members present: Craig Nelson, SPring Park; Tom Skramstad, Shorewood; Lili McMillan, Orono; Doug Babcock, Tonka Bay; Paul Knudsen, Minnetrista; Tom Seuntjens, Minnetonka Beach; Herb Suerth, Woodland; Jose Valdesuso, Excelsior; Katy Van Hercke, Minnetonka Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director. Members absent: Bob Ambrose, Wayzata; Orr Burma, Mound; Miles Canning, Greenwood; Bert Foster, Deephaven; Victoria has no appointed member. CHAIR ANNOUNCEMENTS, vice Chair Nelson Nelson stated that Chair Foster was unable to attend this meeting and that there were no Chair announcements. READING OF MINUTES- 3/12103 LMCD Regular Board Meeting 3~26~03 LMCD Regular Board Meeting MOTION: Skramstad moved, Seuntjens seconded to approve the minutes from the 3/12/03 Regular Board Meeting aS submitted. VOTE: Ayes (8), AbStained (1, Nelson); motion carried. Nelson entertained a motion or feedback from the Board on the draft 3/12/03 Regular Board Meeting minutes. Skramstad stated on page 8 in the fifth paragraph, the word "and" between the words "without" and "poles" should be deleted, BabCoCk stated atth'e top of pagb'5, the 9oie should note that the motion carried was amended, MOTION: KnudS-en:'~Ovbd, Stiiamstadl seconded to approve the, minutes from the 3/26/03 Regular Board Meeti~i' With thea~e~dments ieCo~'m~ded by skramstad and ~abcock. r VOTE: Ayes (6), Abstained (3; UcUillan, Nelson, and Seuntjens); motion carried. PUBLIC COMMENTS. persohs in attendance on subjects not on the agenda. There were no comments from person in attendance on subjects not on the agenda. CONSENT AGE.NDA; Consent agenda items wiih a (,) will be approved in one.motion unless a Board member requests discussion_of any item, in which case the item wi be removed from the:consent agenda. -2055- Lake Minnetonka Conservation District RegUlar Board Ueeting April 9, 2003 Page2 Babcock moved, McMillan seconded to approve the consent agenda as amended, removing agenda item 4A. Motion carried unanimously. Item so approVed included: lA, 2003 Multiple :Dock Licenses, staff recommends approval of 2003 renewal, without change, mUltiPle dock license applications for Uinnetonka Portable Dredging, Sailors World Marina, Smithtown Bay Association, and Suburban Hennepin Regional Park District. PUBLIC HEARINGS · Sun Star Cruises, Inc., new on-sale intoxicating liquor license application for the charier boat, Sunstar. Nelson opened the public hearing at 7:05 p.m. and asked for background from staff. Nybeck stated that Sunstar Cruises, Inc. has submitted a new, on-sale intoxicating liquor license application for the Char~er boat, Sun Star. The applicant was awarded the opportunity, through a lottery at the 2/19i~ Regular Board Meeting, for the one renewal application that did not submit their intoxicating liquor license application by the February 1st deadline. They submitted the proposed application within 21 days from the 2/19/03 Regular Board Meeting in compliance with the DistdCt policy. The Hennepin County Sheriff's Department has recently completed the preliminary background investigation and the results of it were favorable. The applicant has proposed the Minnetonka Mist as it port of call in 2003 and the City of Spring Park has approved it. He recommended Board approval of the Proposed' application. NelSbn asked the applicant if they had any further comments or ba(~kgroUnd for the Board. Leann and Paul Hanssen, owners of Sunstar Cruises, Inc., stated that they had no further ~omments or background for the Board. There 'being nO further comments, Nelson cloSed the public hearing at 7:08 p.m. MOTION: Seuntjens moved, Babcock seconded to approve the new on-sale intoxicating liquor license application for the charter boat Sunstar for the 2003 season. McMilla'n asl<ed NYbeCk if the annual training sessions have been conducied for chader b°'a(s with liquor licenses. Nybeck stated that the first training session was conducted on 3/21/03 and the second training session was scheduled for 4/10/03. Feedback received from charter boat owners at the 3/21/03 training session was that there is an interest in the ~b~ibility oi'pursuing addi[i°nal intoxi(~a{ing':iiqb°~ iibense with thb st~Jtb legiSlatUre from what is currently available, 14. There were some indications that the ether the Lake ~innetonka Charter Boat. Asgo~iatiSn' or'Some Ch, arter boat ownerS rnig'htCOnSid~'i~'~pprOa~tii'hg:~;th~ Stai~: !biisli~uie 'for {i~is purpose. He stated that he itif(~rmed; thetfi'that' thi~i~ie!qu~s[ Shob'ld cd~e {hr°'U'gh :t~he ~isth:ct, i~:boordination with the member cities. Seuntjens asked Nybeck if he was aware of the number of charter boat companies that wguld be interested in an intoxicating liquor license. '" Nybeck stated that he did not have an exact number; however, he estimated that it could range between six and 12. He communicated a concern that has been brought to,staff attention that some charter boat... companies With wine, bb~r, and consumption and. disp ay ~.rm.its With the State Of Minn~Soi~I might 'have been violating their liceri~e(s)in paSt.sea§~ns. Thi~ was ~f.n~'unlca-~ed~in the first trairiing se~sioh' and is -2056- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page 3 planned for the second training seSsion. If there is non-compliance with District and the State of Minnesota license requirements, penalties could inClude criminal action, civil action, suspension, and possible revocation. Seuntjens asked hoW many non-intoxicating malt liquor and wine li~:enses are issued to charter boats on Lake Minnetonka. NybeCk estimated that there are approximately 15 non-intoxicating malt liquor and wine licenses issued annually'to charter boats on Lake Minnetonka. Babcock stated that enforcement of liquor violations by the District is more diffiCult than compared to the cities because the establishments are mobile and the character changes from tdP to trip. He concurred with the feedback from Nybeck that expansion of intoxicating liquor licenSes on Lake Minnetonka should be coordinated with the District and the member cities. There might be a need to examine added enforcement in the future if the number of intoxicating liquor licenses is increaSed. Suerth stated that he believed the 14 intoxicating liquor licenses are an appropriate for Lake Minnetonka. However, he recalled previous testimony from charter boat oWners that is` easier to cOntrol the amount of liquor consumed if it is served by them rather than allowing patrons to bring .it on the boat themselves. He suggested that it might be appropriate for each Board member to poll their cities to find out whether they would support the District seeking expansion of intoxicating liquor licenses with the state legislature. Babcock stated that the two common complaints received from the Public are noise from external speakers and charter boats that operate too close to shore or in one area for too long of a period. He encouraged the applicants to pay particular attention to these concerns. Paul Hanssen stated that those two concerns were addressed at the 3/21/03 training session. VOTE: Motion carded unanimously. · City of Minnetonka Beach, new multiple dock license apPlicatiOn to reconfigure thb non-conforming facility under LMCD Code Section 2.015. ~ Nelson opened :the public hearing at 7:t6 p,m, and asked for bi~ckgrOund from staff. Nybeck made the following comments: · The City of Minnetonka Beach has Submitted a neW ~bltiple'dock license application to: rec~nfigure the non-conforming facility under Code Section 2.015. They are currently approved for 86BOat Storage Units (BSU's), at 25 dock sites, on 2,370' of non-continuous shoreline. With a BSU density of 1:28'~ they are considered a legal, non-cOnfo~ing facilitY for density Purposesl Changes have been proposed to site'~ 16-23 On Eafayeffe Bayl mh~' ~iiCant has propbSed to Change the 60' long "str,a, ight" docks to 60' long "H" docks. No changes have been proposed !0 the number and size of BSU s ~t each d~ck site. All dock siies have four BSu'~ ap~bVed With t~:exceptlon of site 16 that has two approved BSU's. Code Section 2.015 allows legal, non-conforming facilities to reconfigure, provided a number of requirements are met. First, the application may not result in an increase in BSU's. 'The proposed application would maintain BSU's at 86. Second, the application may not result in an increase in total -2057- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page 4 square footage of slips associated with BSU's as determined in accordance with subd. 4 of this section. Square footage of the proposed application for the 86 BSU's would remain the same as approved, 21,460, Third, the application may not result in a lakeward extension of the dock further beyond 100' from the 929.4' shoreline than the existing dock. The changes proposed by the applicant at dock sites 16-23 would be 60' in length from the 929.4' shoreline. Fourth, the application may not result in any further extension into non-conforming side setback areas than the existing dock. The approved site plan for dock sites 16 and 23 would continue to maintain the approved side setback from the outer extended side site lines, 20'. Fifth, for docks not in conformance with Section 2,01, subd. 2b)2) applicable to new facilities: i) no new BSU's shall be located in the side setback area without first secudng a variance pursuant to section 1.07, and ii) the application may not result in an increase in slip length of any slips opening toward the non-conforming side setback area, Although the outer BSU's at dock sites 16 and 23 do not comply with minimum side setback from the extended side site line extensions for new facilities, 30', the proposed site plan would not further encroach into the ~pproved side setback areas, 20'. All the BSU's at these dock sites open lakeward.rather than toWards the non-conforming side setback areas. In compliance with MN DNR General Permit 97-6098, the MN DNR was provided a copy of the proposed application on 3/27/03, with comments due in the District office on 4/7/03. Staff has not received feedbackfrom the MN DNR. He recommended approval of the new multiple dock license application to reconfigure the non- conforming facility for the 2003 season. Babcock stated that there appears to be a lot of shoreline at sites 16-23. He asked the applicant if they could meet the 30' side setback requirement from the outer side site lines if required to by the Distdct~ Ms. Sara Irvine, Minnetonka City Administrator, stated that she was not prepared to address that question. Babcock stated that he believed it would be desirable to maintain the 30' side setback in the proposed reconfiguration, without creating a hardship of the applicant, because it would minimize the impact on the abutting properties. Seuntjensquesfioned. whether the 30' side setback is necessary because there isnot crowding on. each side of sites 16 and 23. Babcock stated that he was concemed that the placement:of the proposed dock at site'23 abutted the 20' non-conforming side setback area. in the approved site plan for site 23, the placement of the dock appears to be well off the 20' side setback area and appears to comply with the 30' side setbaCk' area required by Code for new facilities. Because of this, he questioned whether the dock at site 23.could be approved by Code s%tJon 2101~. ..... Seuntjens questioned f~e accuracy of the approved site plan for site 23,..noting that the proposed site plan was an. attempt by the Minnotonka Beach to provide a to-scale site plan,, Suerth stated that he believed it would make sense in the future to possibly require a to-scale draw ng at these sites to beffer address the questions raised by Babcock. -2058- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page5 Nybeck stated that a permit requirement last year was to submit to-scale drawings by the end of the 2002 boating season. Staff is currently working with the applicant on resolving this and the proposed site plan for sites 16-23 is an example of what Minnetonka Beach has submitted. Babcock questioned the recommendation of staff because he believed that the placement of dock site 23 further encroaches into a non-conforming side setback area and would create additional grandfathefing if approved by the Board. Seuntjens stated that it appeared that the concern raised by Babcock was that the approved site plan was hand drawn and not to-scale. Babcock stated that he would not be troubled with the proposed site plan for site 23 if the applicant could document that the dock installation at site 23 had been installed from 1997 through 2002 at the 20' side setback area. ' Suerth asked if the Minnetonka Beach installed the docks at these sites. Irvine stated that the residents that use these sites install the docks themselves and that there are posts at the sites to assist them. Babcock stated that he believed it would be appropriate to clarify the 20' grandfathered side setback for site 23 and that he would like staff to resolve this issue with the applicant prior to approving the proposed application. McMillan stated that she believed the post for dock site 23 might assist in determining whether there is further encroachment into the non-conforming side setback area. To resolve the concern raised by Babcock, she suggested that it might require an as-built survey for dock sites 16-23, Irvine stated that it might be difficult to totally resolve dock locations in recent years because not all of the docks at sites 16-23 have been installed each season. However, she stated that docks at sites 16 and 23 were installed in 2002. Babcock stated that he believed Section 2.015 was no adopted to preserve grandfathered side setbacks for dock sites that have not been constructed. If a dock was installed at past seasons at site 23, he believed that the applicant needs to either meet the 30' side setback requirement or the grandfathered side setback from the each of the dock and boat storage, whichever is less. LeFevere questioned whether there is a need for a survey of these dock sites because the docks installed are seasonal, The applicant has stated there are posts at these Sites to assist in dock installations and that this might be beneficial in addressing the concerns raised by Babcock. Babcock stated that the docks to be installed on the proposed site plan appear to be evenly spaced out and that this should be checked out to verify its accuracy. He also stated that the applicant needs to communicate to its residents the four-foot overhang requirement in Code Section 2.015. There being no further comments, Nelson closed the public hearing a 7:40 p.m. -2059- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page6 Skramstad stated that he would like to proceed on addressing the concems raised by Babcock; however, he recognized that the boating season is just around the comer. Babcock stated that he would not be opposed to a conditional approval, subject to addressing the side setback required to the west of dock site 23. LeFevere stated that it might be appropriate for the Board to consider a motion to approve the new multiple dock license application for 2003, subject to determination of side setbacks at dock site 23. The setbacks shall be the lesser of 30' or the distance from the post master to the extended side site line, plus space for watercraft storage space, provided that the setback will be no less than 20'. MOTION: Babcock moved, Knudsen seconded to approve the Minnetonka Beach new multiple dock license application for the 2003 season, subject to determination of side setbacks at site 23. The setbacks shall be the lesser or 30' or the distance from the post master to the extended side site line, plus space for watercraft storage, provided that the setback will be no less than 20'. Babcock stated that he would like to see an as-built survey that documents dock installation for these sites in 2003 because he believed that this would minimize further problems at these dock sites in the future. He recommended this as a friendly amendment. Suerth stated that the as-built survey would provide a benchmark for decision purposes in the future. McMillan stated that she supported the idea of an as-built survey as these dock sites because it improves the record keeping for both the District and the City of Minnetonka Beach. Knudsen agreed to friendly amendment proposed by Babcock. VOTE: Amended motion carried unanimously. Michael & Donna Wallace, variance application from LMCD Code for dock length requirements. Nelson opened the public hearing at 7:54 p.m. and asked for background from staff. Nybeck made the following comments: · Michael and Donna Wallace, 3160 North Shore Drive, have submitted a variance application for Board consideration by the Board on Maxwell Bay in the City of Orono. The application has been submitted for vadance from Code for dock length requirements, with a physical hardship of shallow water. The applicants site has slightly greater than 100' of 929.4' shoreline, and they have proposed that the dock use area be adjusted to allow for a dock to reach four feet of water depth and to possibly allow them to continue to share a dock with the abutting property owners the west, the Blombergs. · Last summer, the Board received vadance applications from the four abutting property owners to the west. These property owners include: Mark Finney, 3210 North Shore Drive; Shirley Henddckson and Rick Windenburg, 3200 North Shore Drive; Fred and Michelle Pacovsky, 3186 North Shore Drive; and Paul and Beverly Blomberg, 3180 North Shore Drive. The Finney property was granted a dock length variance; the Henddckson/Windenburg property was granted adjusted dock use area, dock length, and side setback variances; the Pacovsky property was granted adjusted dock use area and dock length variances; and the Blomberg property was granted dock length and side setback variances. -2060- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page 7 Code Section 2.0..1 subd. 1 prohibits a person from using any area of the Lake outside an authorized dock use area for docking and the storage of watercraft. Th~ proposed site plan is not contained within.the authorized dock use area for.this site for both length and side setback requirements. Maximum dock 'length allowed by Code at this site would be 100'; however, the aPplicant has proposed adjusted the dock use area to between 130' and 150'. A 15' side setback has been proposed by the applicant; however, the Code requires a 20' minimum side setback. This should be corrected on any . site plan approved by the Board. Nelson asked for clarification on the specific vadance being requested by the applicant. Nybeck stated that he believed the 130' dock use area would accommodate for a continued share dock with the Blombergs, adding that the Blomberg dock use area was adjusted to 130' in 2002. The 150' dock use area would be for their own separate dock and this length is needed to reach 48" of water depth at the 929.4'. Mr, Michael Wal ace, 3160 North Shore Drive, stated that he was requesting a dock use area adjustment to 150'. Babcock stated that if a variance were granted for a common dock between the two properties, it would require side setback variances at both sites. Nybeck continued his comments: Code Section 1.07 allows the Board to consider applications for vadance from Code where practical difficulties or particular hardships exist, with whatever conditions are deemed necessary. To make a determination on. whether the proposed practical difficulty and/or particular hardship is caused by the application of the Code, he recommended that the Board apply decision standards that ask five questions, They include: 1) Is the proposed use reasonable?, 2) Would it be unreasonable to require conformance to the ordinance?, 3) Is the difficulty of conforming to the ordinance due to cimumstances unique:to the property?, 4) Is the problemon created by the applicant?~ and 5) Will the variance, if granted, alter the essential character of the locality? · He reviewed the proposed variance application with these decision standards. The Board might want to restdct the length :of the variance to 130'. at this site because it would be consistent With the~vadance granted at the Blomberg site, Shallow water is a problem in the area and the.apPlicant has documented a,water =depth ef 38.5, at,130' from the 929:4~ 'shoreline. The Board' should also require the dOck use area to meet minimum side setback requirements at the Wallace site, 20'. · · Code Section 2.01, subd. 3 allows for the use of one or more sites for a single common dock or moodng ar~a subject to the following limitations: 1} Combination is onlY pe~itted be~eed or among ownem ot'.~o or morenon-commemial docks for the'private non-commemiat' use~ of the Siteowners, 2) ~ Only one dock stmotur, e may be constructed on the combined dOck use areaS'; and 3) NO mom restricted Waterqraffmay be.stored by, any owner of a ~mbined dock faCility than Wouli:l be permitted at that owner's site. .'. · The combined dock proposed by the applicant with the Blomberg site appears to have been going' on fora number ofyears~ These two sites weregranted a temporary'docke~tensi0~ petit'for ~ common dock in 1-987 by Resolution 53 that declared Iow water ievelS'on Lake Minnetodka. In 1991,'~ Resolution 73 also allowed temporary dock extensions, Without the deed for an a~plicatidn,'becaUse of continued Iow water level conditions. This resolution encoui'aged residents'of two 6r rnore adjoining properties to combine their dock use areas for a single common dock~ subject to no mdre than that four restricted watercraft being stored atsuch dock without a multiPle dock license. The Code defines -2061 - Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page 8 a multiple dock license as any dock or mooring, area constructed or maintained for the storage of five or more restricted watercraft. · In previous discuss ons w th the. appl cant and. on-site inspectionsforthe variances granted to the west,, more.than four restricted watercraft.have been parked .at the common dock for the Wallace and Blomberg properties. Staff has communicated to the applicant and the Blombergs that the single common dock is allowed by Code; however, the storage of four or more restricted watercraft needs to be in compliance with Section 2.02 and it requires a multiple dock license in order to do so. The applicant does not agree with this interpretation and has requested Board discussion on the possibility of amending the Code so that .he and his neighbor would not be required to apply fora multiple dock license application for the shared dock. · In compliance with MN DNR General Permit 97.6098, the MN 'DNR and 'the city of Orono were provided a copy of the proposed vadance application on 3/27/03, With comments due on 4/7/03. The City.of Orono has indicated that Orono Code would not require.a Joint Use Dock License.for the proposed dock. No feedback has been received from the MN DNR. · He believed that there is a hardship to grant a dock length variance' beCaUse of shallow wa~er. However, the Board should make a decision on whether to grant it to 130', 150', or both from the 929.4' shoreline. There should be discussion on continuation of the shared dock used in the past at the Wallace and Blomberg prmperties.' The Board shot~ld disCuss whether the combined dock, with the storage of more than four restricted watercraft,'should require a multiple dock licehSe'aPplication. He believed that this would require a Code amendment and could set a precedent on a lakewide basis. In the meantime, no more than four restricted watercraft should be allOwed'at the shared dock. · He entertained questions or comments from the Board. ~' Seuntjens asked if water depths in the area,deCreased when yOi~: moved from the west to the east. Mr. Paul Blomberg, 3180 North Shore Ddve, stated that Water dePths in the area'are generally Consistent. Seuntjens asked for further, clarification on boat storage altowancbs at these residences' and what would trigger in the need for a multiple dock license. Babcock stated:that the definition of a multiple dock. liCense:, five or more restricted waterCraft at a dock, predates a let of the grandfathered exceptions.allowed by Code in the early 1990'S. F0u~ reStriCted watercraft is allowed by.Code n ~certain cimumstanc~S; hOwever, there is no g'uatan'tee, of this dbnsity allOWance in dock length vada~ces~ .... .. Nybeck.stated that when the variances were, granted tO the west: Of the applicants 'prol~erty';~ the Board granted .a dock~!ength~ ands de setback variance for the Blomberg proPerty'because Of he adjUsted;dock use area granted for the Pacovsky property, There.was discussion on Whether?th gran't a variatice for ~ Wallace property; howeve[, the Board c~nc udedthat a separate vadan~ a'pplicati0n"~ti0t~ld.be sUb~itt~d because it was not impacted by the Pacovsky variance. Wal ace stated that he~0U!d.=Jike,the Board to cons der variance from Code:for both t30' and 150' long dock use areas, with ~the 130' .long:dock .use ~area=for~ a comb'ned dOck'with the: Blomberg ProPerty. He believed that~the 150'..m~uest is.'reasonable becauseof the shallow water and the'ch'aracters of the ~l~lity, inCluding the .North S. hore Madna Dock and the estab shed "Quiet,Waters" in the area. He comrtiented ~n the shared dock .concept and why he:.believedthat it should not.require a multiPle'doCk'li~nse, noting that the dock originates from the common side site line betWeen the tWo sites. -2062- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page 9 McMillan stated that District looks at the common dock structure as whole and the number of restricted watercraft stored at it Wallace stated that Code allows for each site to store four restricted watercraft at both sites and the intent of their shared dock is not to increase density on the lake. In fact, the common dock would reduce the amount of structure on the lake and he believed that it is more in line with the intent of the Code. Nelson stated that the two issues for the Board to deal with include a variance from Code and whether a multiple dock license would be required at the common dock if more than four restricted watercraft are stored at it. He suggested that the Board should focus its attention on the vadance application because he believed that was the issue at hand. LeFevere stated that the legal opinion received by the applicant keeps refers to multiple uses between the two properties, MultiPle use is not a term used in the Code. Instead, the Code refers to a multiple dock and it requires a permit whenever thereis more than four restricted watercraft at a dock, whether or not it is a common dock. He reviewed Code allowances pertaining to boat storage at residential sites. He questioned whether the District should change policy just because the common dock originates from the common site line between two properties. If a Board member is inclined to want to amend the Code, he recommended that a motion be made so that an amendment could be reviewed at future meeting. Wallace questioned whether the intent of multiple dock facilities in the Code took into consideration docking at common docks for multiple properties. Nelson re-emphasized that there was a need to focus on the pending variance application, adding that there might be time at this or another Board meeting to address the multiple dock license question. Babcock asked if it would be reasonable to place a restriction of two larger watercraft and two personal watercraft at each site because the application is requesting variance from Code for length. Blomberg stated that hewould have problems with that restriction for resale purposes. Seuntjens asked if asecond dock could be installed at these two sites for the personal watercraft. LeFevere stated that the Code requires one single dock structure in a common storage situation. Babcock stated'that one d stincti°n:between the proposed W.a acevariance, and the variances' granted at the BIomberg property in 2002, is that the BIomberg variance was granted because of the adjusted dock use variance granted for the Pacovsky property. KnudSen stated i~at any reStricii°ns thai' may be placed on the .number and Size 0f watercr~fl in the adjusted . dock use are~ f°~/ength W~uld go awa~if the dock was inStalled Withi~ .;100 from the,929,4~ shoreline, Ms. Shirley Hendrickson, 3200 North Shore Ddve, stated that she was not Opposed to a 130' long dock use area variance; however, she was concerned with 150'. She expressed concern because North Shore Marina currently extends well beyond 150' and a second dock out !50'.would have impact on sightlines from her property. She stated that any BOard approval beyond 100, from the 929,4' shoreline should take. nto consideratiOn Whe~er canOpies ShOu ~.ber allowed she ;quest oned iwhy the variance.granted for the -2063- Lake Minnetonka Conservation District RegUlar Board Meeting Aprilg, 2003 page lo Blomberg property was not included in on the proposed site plan, and possibly the neighbor to the east of Wallace. Babcock stated that the Board granted an adjusted dock use area for the Blomberg property and that no site plan was required. Nelson asked for feedback from Nybeck on the request for waiving of fees. Nybeck stated that the vadance application has two fees. First, there is a $250 non-fundable base fee that is used for staff time, general legal time, publication of a public hearing notice, poStage, and other expenses. There is a second $250 refundable fee used to deduct excessive costs ihcurred in the proCessing of application and the preparation of Findings of Fact and Order for approval or denial of the application. Wallace. stated that in review of the minutes from the Board Meeting when the Findings of Fact and Order of the fourvariances to the west were approved, there were Board members that encouraged him to make application for variance from Code and them was discussion on the possibilitY of Waiving aPPlication fees. He believed that was the basis for him submitting a vadance application at t~is time. Babcock stated that he believed the basis for the pending vadance apPliCation was that the COmmon dock structure was illegal. Blomberg encouraged the BOard to grant the Wallace ProPerty a vadance from Code for a 150' long dOCk use area, with side setback requirements required by Code. There being no further comments, Nelson clOsed the public hearing at 8:45 p.m. Seuntjens asked for clarification on what the applicant was requesting from the Board on the request for variance, from Cede.. LeFevere stated that the applicant has requested a variance that would have flexibility built into it that would allow him to combine his docking with the BI0mberg property Or to have his own d°Ck'Use :ama. Nelson questioned why the BOard ShOUld cOnsider granting a 150' long dock Use:ama fo¢a seParate dock use area when the watercraft at the common dock would only be 130' from the shore. Blomberg stated that he believed it made sense for the appl cant to request a variance up to 150' for an individualdock,use a~'ea because the Code allbws'do~kS.to e~end:OLit to 48" of water from:the 92914~::' Babcock stated that if the applicant wants to proceed on dual vadance requests, he believed that there is a need for a site play'for both the combined dock and th'e individdal dOCk'U~ .area tha{'w%'ia doCUment the location of boat-StOrage on the,plans. He qu~tioned"Whe~er the Code Pib~i~ion;:{hai allOWs co~bifii'n~' docks could be invoked when variances from Code are required for length. The combined dock might require an · amendment tO the ~ariance previoUSly appr~)ved at :the BlOmbetgPrOpe~; McMillan stated 'that she WOuld Suppot't"a dock length variance of 130' at the Wallace property becauSe it is consistentiWith the dock length',variance granted ai the Blomberg proPerly. She suP~srted ~e conCe:pt of -2064- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page 11 watercraft at this dock should require a multiple dock license. She stated that she did not support the idea of amending the multiple dock license section of the Code because she believed that it works well. Suerth stated that he would prefer granting variance to the 48" water depth standard from the 929.4' shorn line because he believed that was reasonable. Nelson stated that there appears to be a hardship for shallow water in the areas; however, them is question on how far the dock would need to extend into the lake to reach m asonabte water depths. Seuntjens stated that if a vadance is approved for the combined dock for the two properties, them is a need to include language that allows for side setback variances from the common extended side site line. Suerth stated that he would have problems with docks that m quest variance from Code for dock length and maximize boat storage with canopies. Nelson stated that there appears to be questions relating to whether drawings should be required and what is actually being proposed. He asked what the direction the Board would like to proceed. Babcock asked for feedback from Board on whether there is a consensus to consider a variance based on the proposed dock plan submitted. This dock plan might need additional details, such as the location of the personal watercraft at the combined dock. He recommended that there is also a need for a detailed plan at the proposed 150' dock use area at the Wallace property. MCMillan stated that she would not be opposed to a blanket dock use ama adjustment for the variance request at the Wallace property that would not include a common dock. She believed that there are a number of other safeguards in the Code that have been established that would protect the intern sts of the Board. Wallace stated that hewas agreeable to amend his request so that both variance m quests would be 130' in length from the 929.4' sborel ne Storage at:the combined dock would be consistent with the proposed site plan and diScussion at this meeting. His stated that his intent was to continue the shared dock with the Blombergs. Knudsen asked how many restricted watercraft were stored at the combined dock in recent years. Wallace stated. that he has had four of his own restricted watercraft at the combined dock. in recent years. ThiS has inCluded two personal watercraft, a 28' long boat, and a 21' long boat, The Blombergs have had one restriCted watercraft at this combined dock historically. Nelson pointed out that the storage of five restricted watercraft at this combined dock would require a multiple dock liCense and'that cannot be addre~ed at thiS-time becau'se an application has not been` submitted. MOTION: Babcock moVed, McMillan seconded to direct LeFevem to prepare Find ngS Oi Fact and Order for approval of the propose variance, appliCation that would: 1) grant side setback variances at both properties betWeen 100' and 130' from the 929.4' shoreline, from the common extended side site line, for a common dock that would not store mom than four restricted watercraft, and 2) grant a 130' long dock use area at the Wallace property that would meet minimum side setback requirements by Code. -2065- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 page 12 VOTE: Motion carded unanimously. 1. :WATER STR'UCTURES Additional Business. There was no additional business. EWM/EXOTICS TASK FORCE A. Update from the Chair on requesting funding from the MCWD for potential funding of the LMCD EWM Harvesting Program. Nelson stated that Foster would update the Board on this agenda item at a future Board meeting. B. Staff update on the possible purchase of high-speed transpod, equipment for the 2003 EWM Harvesting Program. Nelson asked for an update on this agenda item. Nybeck made thefollowing comments: · In early March, a visit was made to Aquarius Systems in Wisconsin to tour the warehouse, to check on the status of the new Aquatic Plant Harvester on order, and to gather any additiOnal information that could benefit the EWM Harvesting PrOgram. Dudngthis visit, it was dbserved that a used High-Speed Transporter was being brokered by Aquadus Systems for a local village for $15,000 or best offer. · To comply with Minnesota Statutes 471.345 that establishes a uniform Contract Law for the District, quotations for both used and new High:Speed Transporters were obtained frOm Aquadus Systems and four other vendors. Based on these quotations, the only used High-Speed TranspOrter available at this time WaS being brokered by Aquarius Systems. · ASsistance from Aquarius Systems 'was requested from AquariuS SYstems to assist the DiStrict in making a decision' a decisiOh~ on Whether to PUrchase the uSed High:Speed Transporter.. The new harvester on order with Aquarius Systems would be compatible with it. The existing District harvesters, shore conveyor, and trailer could be made compatib, le with some minor retrofitting. The OUtbOard 'mOtor (~n the ~jsed High~si~eed ~r~n'SPotter i~ a s~X~year old. EVinrude o:~ahP~, v6, 175 horsepower that consumes around 60 gallons of fuel weekly. This could be a concern for the Board to address beeause, the AqUarias SyStems literature stat~s that the moto~ 'typicaiiYi:,need to be' rePiace~J"every three to five years.' However, this is for agO horSepoWer motoi,.r~ther ~an a 175 horsepower motor. Replacement cbSt~'fOr an ouidObi: ~otor W°~ld range from aPProXimately $6,000 for a 90 horsepower motor to approximately $15,000 for a 175 horsepower motor. The storage capacity of the High,sPeed ~ran~'~tte~',iS ~lightlY ovei One ha~est~i-lOad and.~at ~e villagemight"entertaifi an offe~fOr ies~ ~th~r~:$15;o00./'~ ........ ~:'~ · He stated that he was intrigued with the possible purchase of this used High-Spe~ Transp?er beea~use ~ere' ha~ been si~t¥ica~t:diSbu~SiO~ :~'the Board' in the past {hAt'thi~i:itype'bfeq'U Pment cOuid eriharice the 'e~cien~' and Pr~duc{ivi~ of~hb::~:i~graml' The age °i ~e: outdoor motor is a coh:~em to staff and'the BS~:rdShbUid'unde~tand that ~e PUrcha~ of a new used, used, or rebuilt motor for theHigh-SPeed. Transporter is very possible. · H~ entertained qu%tiOnS or Commefits from the Board. -2066- Lake Minnetonka Conservation District Regular Board Meeting April g, 2003 Page~3 The Board discussed the condition of the outdoor motor on. the used High.Speed Transporter and the need to.conduct a compression check and to check out the lower unit. There was discussion on compatible. The Board discussed the potential benefits of a High-Speed Transporter and how it would keep the harvesters harvesting rather than transporting to and from off-load sites. The consensus of the Board was that any modifications to make the equipment compatible should be taken from reserve account and that negotiations for the purchase of it should by Nybeck should commence, subject to the motor being in good condition. MOTION: Seuntjens moved, Suerth seconded to direct Nybeck to enter into negotiations for the purchased of the used High-Speed Transporter being brokered by Aquarius Systems, at a maximum price of $15,000 including transportation costs, subject to checking on condition of the outdoor motor. VOTE: Motion carried unanimously. Van Hercke left at 10:05 p.m. C. Additional Business. There was no additional business. 3. FINANCIAL =' A. Audit of v°Uchers (4/1/03 - 4/15/03). Skramstad reviewed the audit of vouchers as submitted. MOTION: Skramstad moved, Knudsen seconded to approve the audit of vouchers as submitted. VOTE: MotiOn carded unanimously. February finapcia summary and balance sheet. TheBoard revlewed and accepted the February financial summary and balance sheet as submitted. C. Additional Business. There was no additional business. SAVE THE LAKE A. Minutes from the 3/11/03 "Save the Lake" Adv sory Committee Meeting. B. 3/1i/03'~,~save t~e Lak~,; AdV sO~. Committee Meeting RePort NelSOn asked for an update on these agenda itemsfrom UcUillan. McMillan stated that in the draft minutes prepared for this meeting, there was discussion included regard ng the Water Patrol Program on page 2..This was not discussed at this meeting and should be deleted from the draft minuteS. At this meetingl Fortin ConSulting made a proposal to release beetles in -2067- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page 14 wetlands area on Lake Minnetonka for the purposes of controlling purple Ioosestrife. She believed that this would be an effective means of controlling overgrowth in wetland areas and is a possible -'-d~rfiSn-~t~f~tib-h" p--foJ~-~dt ~'-'~-tl~'TiJ~ r-e~-"~, corre~-t~-~ copy of the mir~Ut~es from the ~;i~/03 "Save the Lak'-~~ ............................ Advisory Committee Meeting will be in the packet for review at the 4/23/03 Regular Board Meeting. C. Additional Business. McMillan stated that there was discussion at the 3/26/03 Regular Board Meeting regarding a local towing company that pulled a wrong pickup from Lake Uinnetonka near Robinsons Bay this past winter. She was unable to attend that meeting and she indicated that she had talked to the owner of the towing company, Mr. Rick Perry, since that meeting. She believed that there were extraordinary circumstances in this situation and that Mr. Perry did the lake a great service by towing the pick-up from the lake. There were six individuals involved in this tow, including two divers and four of his employees, noting that none of them had been paid. She believed that it would make' sense for a donation from "Save the Lake" for this tow. Nelson asked if the Water Patrol directed Perry to remove the vehicle from the lake. McMillan stated that Perry's Towing was at the site to tow another pickup truck from the bottom of the lake. At that time, they hooked a pick-up up and ran a check on the license plate, adding that there was another pick-up and vehicle in the area. The mistaken pick-up was pulled to the ice and Perry attempted to negotiate a price with the owner of $2,000 for the tow. The owner of the truck agreed to pay for the tow at that time; however, they changed their mind when they determined that the law would not require them to pay for the truck because the vehicle was reported stolen. She recommended that the District award Perry's Towing $1,000 from the "Save the Lake" to be distributed amongst the six individuals that have not been compensated for this tow. There was discussion of the proposal made by McMillan, with both Board members that supported it and others that did not. There was discussion on the recourse of the insurance company and whether they should responsible for the tow, whether or not it was stolen. MOTION: Skramstad moved, Suerth seconded to approve $1,000 of "Save the Lake" Funds to Perry's Towing to reimburse them for the tow recently conducted on Lake Uinnetonka near Robinsons Bay that was not paid for by the owner of the vehicle. Babcock questioned whether the District could give money away as proposed because this is a public agency. Nelson asked for clarification from LeFevere on whether the proposed motion was legal. LeFevere stated that he was unaware of what recourse the towing company had with the State of Minnesota or any other sources. The State of Minnesota, Hennepin County, or any other local government could be liable for payment of the tow if they ordered it to be done. Although "Save the Lake" funds are derived from donations, they are still public funds and the law might prohibit the District from making a gift to Perry's Towing. Suerth stated that he supported the proposed motion because believed the tow is a project that qualifies as "Save the Lake" and is no different than the winter ice-cleanup project. -2068- Lake Minnetonka Conservation District RegUlar Board Meeting April g, 2.003 Page 15 Nybeck clarified for the record that neither the Sheriff's Water Patrol or the South Lake Mi nnetonka Police Department directed Perry's-Towingto'bring thepick;up up from 1:he~ bottom: Skramstad stated that he might have concern with the motion he made because LeFevere has stated that it might be illegal, Knudsen stated that he would prefer to table the motion to the 4/9/03 Regular Board Meeting so that he could discuss this hypothetical with his insurance agent. MOTION: Knudsen moved, Babcock seconded to table further discussion of the motion to the next Regular Board Meeting to verify whether the insurance company has a liability to pay for the tow and whether it would be legal for the District to donate "Save the Lake" funds to Perry's ToWing. VOTE: Motion carried unanimously. LAKE USE & RECREATION A. 2003 Liquor Licenses, staff recommends approval of renewal intoxicating Liquor, Wine, and Non- Intoxicating Malt Liquor License applications as outlined in 4/9/03 staff memo. MOTION: VOTE: MOTION: VOTE: B. Additional Skramstad moved, Suerth seconded to approve the 2003 renewal Intoxicating Liquor License applications as outlined in the 4/9/03 staff memo. Motion carried unanimously. Seuntjens moved, Skramstad seconded to approve the 2003 renewal Wine and Non- Intoxicating Malt Liquor applications as outlined in the 4/9/03 staff memo. Motion carried unanimously. Business. There was no additional business. ADMINISTRATION A. Consideration of draft LMCD Resolution 104. Nelson stated that this resolution recognizes the valued service of Janet L Briner to the District and he read it out loud to the Board. MOTION: Seuntjens moved, Babcock seconded to approve LMCD Resolution 104 as submitted. VOTE: Motion carded unanimously, B. Additional Business. There was no additional business, -2069- Lake Minnetonka Conservation District Regular Board Meeting April 9, 2003 Page16 7. EXECUTIVE DIRECTOR Nybeck stated that he included a copy of a letter from Hennepin County District Court Chief Judge Kevin S. Burke. This.letter was in response to LMCD Resolution 103 that opposes the closure of any suburban courthouse and requested the Hennepin County District Court to share information and cooperative y examine possible solutions for state funding cuts. OLD BUSINESS, There was no old business. 9. NEW BUSINESS There was no new business. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 10:38 p.m. Craig W. Nelson, Vice Chairman Lili McMillan, Secretary. -2070- LAKE MINNETONKA CONSERVATION DISTRICT EWMIEXOTICS TASK FORCE AGENDA 8:30 A.M., Friday, May 9, 2003 LMCD-Office~' 18338 Minnetonka Blvd., Deephaven 1. Introductions and Welcome 2. Review of Minutes from the 4/11/03 meeting Lake Minnetonka Related Projects: · Discussion of 2003 EWM Harvesting Season · Discussion of 2003 Zebra Mussel Inspection Program · Other discussion 4. Agency Reports 5. Area wide lake association reports 6. Old business 7. New business 8. Adjournment -2071 - DRAFT LAKE MINNETONKA CONSERVATION DISTRICT EWMIEXOTIcS TASK FORCE MINUTES 8:30 a.m,, Friday, April 11, 2003 LMCD Office, 18338 Mtka Blvd., Deephaven, MN Present: Herb Suerth, LMCD Board; Katy Van Hemke, LMCD Board; Chip Welling, MN DNR; Dave McCormack, MN DNR; John Barren, Three Rivers Park District; Dick Osgood, Lake Uinnetonka Association (LMA); Greg Nybeck, LMCD Executive Director. Minutes. Welling stated in the second to the last paragraph on page 2, he believed that the words "in the amounts of phosphorous in harvested milfoil and other plants" should be added between the wOrds "ranges" and "could". The Task Force accepted the minutes from the 2/1/03 EWM/Exotics Task Force Meeting as amended. Lake Minnetonka Related Projects. Discussion of solution(s) for milfoil problems on Grays Bay and other bays. Suerth stated that Katy Van Hercke, the MinnetOnka representativebn the LMCD Board of Directors, was present to address milfoil concerns that she had in the City of Minnetonka. Van Hercke stated that she would like to discuss was to addreSs milfoil concerns that she had along the 101 Causeway for aesthetics, the rest of Grays Bay, and Libbs Lake. The Grays Bay Homeowners Association have recently submitted its MN DNR chemiCal treatment permit application for 2003 and the President has requested additional assistance for miifoil harvesting on Grays BaY. She stated that she understood there are limitations in Grays Bay based om littoral zones and ~'halloW areas The LMCD does not currently Operate its: harvesting equipment in: L. ibbs Lake 'becauSe of bridge clearance limitations getting into Libbs Lake. However, there has been previous control work conducted in Libbs Lake with some pdvate harvesting and a Sonar treatment in the 1990's, She stated that. she believed more' attbntion was medted in these bays because the CitY' Of MinnetOnka contributes the greatest percentage of the levy to the LMCD budget and that and it has a small amount of shoreline. Suerth asked if there were funds available to assist lake associations. Welling stated that the MN DNR has maintenance management program where costs share funds are available for control purposes. Pdmadly these funds are made available to various sources, inclUding local units of government and lake a~sof;i~ti.ons The practice of the MN.DNR is to fund it to one source on each lake, addin~ that is the LMCD on LakeUinnetonka. He believed that any financial expenditure of MN DNR funds as requested would probably need to be.made to the LMCD. The Pri.neiPle' :PurPose fo:r permitting ~iesi~ubii~ bf aquatic ve~'eta{j°h:i is to alie~iate interference with publ c naVi§a[i0n,' not aeSih'etiC~'. 'H~" questi0~ed whetl~er a perm t WOuld be al Owed. along the 101 CauSeway fotthis'mason and: that there would be'a need to eStablish what was the unique problem that impacted acCess in that area. -2072- EWMIEXOTICS TASK FORCE, 4/11103, PAGE 2 Van Hercke stated that she believed fishing may be a problem in this area in 2003 because the prior public access along county ~%d~101' h'a~ i:)een' shUtdown and fiShing' Will be allowed in that area. ........... M~GRrma~k_6imu,!ated_.a cQpy oJ_the~?~ra~y Homeow~qersAssociation.permit~fo[A003-:l:or-chemical treatments Pdmadly along the south shore of Grays Bay. The have requested funding from the MN DNR for this project in 2003 and he echoed the comments of Welling that MNDNR funding will be appropriated to the LMCD, He suggested that utilizing the LMCD harvesting program might be an appropriate altemative to the chemical treatments conducted by the Grays Bay Homeowners Association in the past. He stated that permitting along the 101 Causeway for chemical purposes would either be unlikely or very limited in scope. Suerth stated that he would prefer to focus the attention of the LMCD along the other areas of Grays Bay where the majority of the homes are. McCormack stated that the permit issued to the issued to the LMCD might allow some limited harvesting alOng the 101 Causeway. Nybeck stated that one drawback of harvesting along the 101 Causeway is that the area is relatively shallow and could damage the harvesting equipment. Welling reviewed the MN DNR policy pertaining to controlling milfoil, One concern that the MN DNR has is unintended consequences to fisheries and the ecosystem with expanding control programs. The Tasl~ Force discussed What C0u d be done on.Libbs Lake to control milfoil. There was discussion on the'role of the LMCD'ha~veSters and the fact that they Will harvest up to a dock and that treatment within dock use areas is the responsibility of the property owner. The Task Force discussed the feasibility of pdvate harvesting in Libbs Lake and the .precedent it could set on other areas of Lake Minn~t0~a Where the LMC~ha~esti'n~ equiPment ~ann°t get nt°. There was interest from the Task Force on the size of Libbs Lake and the area that can be treated by the private property owners from shore, which is 150'.. The Task Force caut oned the need to not over contro milfoil in areas at the request of homeowners The consenSus of the Task Force was that the LMCD should check out milfoil growth in Libbs Lake in 2003 and make a decision on whether private harvest ng is medted based on growth Di§bd'~ibn ok S~atu-s °i a pa~s[ pilot project that';all0ws {or the transfer0f weeVils from one area of the Lake'ts'an0t5e:r. Suerth asked for a status update on this project. Osgood stated that the volunteer based for this pilot project generally did not materialize a few years ago.' Suer h, quest ned wh tBer'the transfer of wee in the future isa practical expectation. Welling st,'ted th'at i sueS s'thatthe dn i l' miitoii ith "weevils requireS' v~ large pOPulations and that the numbers that could be moved is 'small, A. COmpany from Oh o named Env ro- science ~i{ conductin~ this; ho~%br,'heqUestio%d:the succe~ Of t becaUSe On Y a modest hUmber of weevils are being trahsplant~. He statedtha{ he:w~)uld lik~ to see some data from Enviro,science. -2073- EWM/EXOTICS TASK FORCE, 4111/03, PAGE 3 Suedh stated that.he had not heard any conclusiOns on this pilot project before 'Dr: Newman left for Europe. transplanting of weevils iS.not desirable. He suggested that he would cohtaCt Enviro-Scienceand repod back to the Task Force in the near future. · Discussion of conductinq fieldwork in 2003 to fine tune details outlined in 12/30/02 Wenck Associates Memorandum. Suedh stated that he recalled that Baden had indicated that he was interested in fudher quantifying the phosphorous statistics outlined in the Wenck Associated Memorandum. He asked for feedback on this agenda item from Baden. Baden stated that he had prepared a monitoring plan for this upcoming summer for this purpose. It has been presented to the MCWD at a joint water quality monitoring program and that he had not heard back from them on it. The program would include costs for Three Rivers Park Distdct seasonal employees to conduct the fieldwork for consistency purposes. He estimated that the monitoring plan would cost a couple of thousand of dollars. The Task Force discussed the monitoring plan and the need for a scale to weigh the trucks. The Task Force also discussed how the sampling of the trucks would take place. The Task Force directed Nybeck to check with Edc Evenson on the possibility of the MCWD of funding this monitoring :plan for 2003 and with MN DOT or Hennepin.County DOT regarding the possibility of utilizing a scale for this project. Discussion of Aquatic Vegetation Management Plan on Medicine Lake in the City of Plymouth. Suedh asked for an update on this agenda item from Baden. Baden made the following comments:' ~ · The Aquatic Vegetation Management Plan is an outgrowth of the Medicine Lake Restoration Plan. The City of Plymouth has invested a;significant amount ofmoney to improve water quality' on Medicine Lake and there was a concern that vegetation would expand and that there would be more aquatic plant problems. ' · A large group was established to address these concems and establish a plan to address them. The goal of the plan is to minimize the growth and distribution of undesirable aquatic plants and protect native plant communities. ° There are three main components of the plan. First, there are "Protection Areas" that will be protected from both extemal impacts and from undesirable exotic species. "Slow No Wake" zones Will b'e established around and in the protection areas. Second, there are "Shoreline Restoration Areas" that will be established in the water as upland area above the ordinary high water. The City will assist with cost of restoration, all turf will be removed, and native plant Communities will be established. Third, there are "Control Areas" where aquatic plants will be controlled to facilitate recreational use of the -lake. All of the allowable treatment acres on Medicine Lake will be consolidated and one permit will be issued annually by the MN DNR. These lakewide decisions will be made by a group and it is possible in some years that the acres to be treated will not include any at treatments at pdvate residences on the lake. -2074- EWIVl/EXOTICS TASK FORCE, 4/11/03, PAGE 4 · Both the Three Rivers Park District Board and the Plymouth City Council have approved the Management Plan. Public hearings were conducted and there was not a lot of opposition to it at this time. It still needs approval by the MN DNR Commissioner and then the Management Plan would go · He concluded that he believed that the Management Plan was the right way to go because it better ensures a good lakewide plant community. The Task Force discussed the Management Plan and asked Baden to,keep them informed on this project. Aqencv Reports. Welling stated that he had recently mailed out announcement on availability of funds for control of milfoil in 2003. There are some funding changes in 2003 compared to last year after the Minnesota Lakes Association requested that more funds be spent on Control of milfoil by the MN DNR. In 2003, approximately $30,000 of the $105,000 available by the MN DNR is targeted for Lake Minnetonka. This could be modified if extenuating circumstances, such as Iow-water conditions, increases demand for MN DNR control dollars from other lakes in the State of Minnesota. Area wide lake association reports. There were no area wide lake association reports. Old business. There was no old business. New business. There was no new business. Adjournment. There being no further business, the meeting was adjoumed at 10:30 a.m. Respectfully Submi~ed, Greg Nybeck Executive Director -2075- HENNEPIN COUNTY SHERIFF'S OFFICE InveStigative Division 400 South Fourth Street, Suite 600 ............ Mi~eapelis~,MN~§5415 ' ~ Patrick D. McGowan, Sheriff April 24, 2003 Mound Municipal Liquor Store 2135 Commerce Boulevard Mound, MN 55364 To Whom It May Concern: Congratulations! On behalf of the residents of Hennepin County, I would like to thank you for your effort, which resulted in passing a recent tobacco compliance check. On April 15, 2003, an underage assistant was sent into your business in an attempt to purchase tobacco. The assistant was asked for his/her identification and was unsuccessful in the attempt. Well-trained employees are essential to keeping businesses in compliance with laws and ordinances, which regulate the sale of tobacco. We will continue to use tobacco compliance checks throughout Hennepin County, and, with your cooperation, we can make a difference. Keep up the good work! Sincerely, Patrick D. McGowan Hennepin County sheriff By: Craig Opsahl Detective, Investigative Division CEO/prs Hennepin County is an equal opportunity employer -2076- Date 4/1/2003 41212003 4/3/2003 4/4/2003 4/5/2003 4/6/2003 4/7/2003 4/8/2003 4/9/2003 4/10/2003 4/11/2003 4/12/2003 4/13/2003 4/14/2003 4/15/2003 4/16/2003 4/17/2003 4/18/2003 4/19/2003 4/20/2003 4/21/2003 4/22/2003 4/23/2003 4/24/2003 4/25/2003 4/26/2003 4/27/2003 4/28/2003 4/29/2003 4/30/2003 Totals Harbor Wine & 2003 4365.43 3775,61 4375.44 9086.5 10528.93 3528.28 3492.48 4023.33 5203.48 10540.27 13456.76 4997,35 3884,48 3412.91 4673.47 10150.52 14428.1 4059.63 3953.52 4492.55 5131.08 10682.97 13045.87 3828.27 4329.94 4050.24 167497.4 Spirits MonthlyComparison 2002 3392.98 3171,42 3278.12 4253.72 6625.55 8546.5 3313.17 3682.56 3681.27 3808.67 8713.29 9917,55 4455.62 3697.73 4441,11 4408.93 8143.64 9027.38 2844.3 4098.87 3420.66 3989.12 7963,32 8789.62 3356.06' 4288.15 135309.3 Difference+/- 972.45 604.19 1097.32 4832.78 3903.38 -8546.5 3528.28 179.31 340.77 1522.21 6731.6 4743.47 -9917,55 4997.35 -571.14 -284.82 232.36 5741.59 6284.46 -9027.38 4059.63 1109.22 393.68 1710.42 6693.85 5082.55 -8789.62 3828.27 973.88 -237.91 -2077- Harbor Wine tt Spirits 2135 Commerce BlVd. ............. ~Next to j~-5~--Fdbd~-in the New Mound Marketplace Mound, MN 55364 952-472-0648 Attention Wine Seniors! Don't forget to ask for your Senior Discount! Tastings Fvery Saturday Afternoon! Skyjt Vodka 1.7 51tr......$2 3.99 Skyy Vodka £iters......$16.49 Michelob 20 Pack B0ttles......$14. Steele's Shooting Star Merlot & Pinot Noir......$12.49 l~abbit Ridge Barrel Cuvee Chard, Cab, Pinot, Merlot,Sauvignon Blanc & Zin ./~.1 I ~arieties $9 _ 99 Sam ,Adams Twelve Pack Hooue Cellars Chardonnay & Cabernet/~Ierlo~.....$7.4a' Prices Good Thru May 3 1 st*. -2078- The GiHespie Gazette ¥OL XI NO 5 May- 2003 PYCESIDENT'S MESSAGE April 17, 2003 Dear Members and Friends, The ice is out of Lake Minnetonka and another rite of spring has come to pass. We have had some nice weather so far this spring and I have been able to get in some golf games. We had our Volunteer Appreciation Breakfast on Saturday, April 12~. We had a very large turnout and they deserve a big "thank you" for all the things they do for our Center and our Community. This lovely event is hosted by Cathy and Linda, and they deserve a world of thanks for all the work they do making this event so much fun for our volunteers. I am sure all the senior centers have wonderful directors and assistants. We are so blessed to have Cathy and Linda here to guide our Center. Thank you, Cathy and Linda, for all you do to make our Center a place all of us can enjoy and be proud of. Our Computer Room is now open and operational. Sybil Laube, Pat Wallin, Jeanne Englund, Barb Calhoun Dee and Ken Scott got the room organized and functional. Jerry Henke worked lots of hours wiring the for the computers and making shelving for the room. Betsy Kohls was the "angel" who negotiated the donation of four computers from General Mills Corporation. So far Betsy, Charles Radtke and Geoff Michael have stepped ronsard to help people get started, Thanks to all these volunteers many of us will be able to use this Computer Room. We have two exciting events coming up in May and June. We will have a lasagna dinner on Saturday, May 17~. Any one who has tasted the special lasagna prepared for this event, knows this will be a scrumptious dinner. The "Mad Jazz" from Westonka High School will perform and help make this a special evening. On June 27~, a Friday evening, we will have one of our famous grilled pork chop dinners. Both of these dinners are fund raisers to help support our Center. Please make your reservations early so that you are not left out. We do have another fund raising event coming up in May. the new Jubilee Foods store to start the Memorial weekend. Saturday, May 24~ and Sunday, May 25~. come and enjoy the hot dogs and pop. We will again be selling hot dogs and pop at We will be fund raising on Friday, May 23r~, We will need volunteers to work this event and we also hope you will Jack Weist Chairperson Gillespie Center Advisory Council -2079- CITY OF MOUND BUDGET EXPENDITURES REPORT March 2003 25.00% March 2003 BUDGET EXPENSE GENERAL FUND Council 75,990 2,203 Promotions 3,750 0 City Manager/Clerk 257,150 19,450 Elections 1,080 0 Finance 215,100 10,966 Assessing 79,630 7 Legal 135,550 18,243 City Hall Building & Srvcs 172,650 73,439 Computer 28,640 21 Police 1,260,850 89,975 Emergency Prepardeness 7,130 22 Planning/inspections 270,010 22,929 Streets 671,450 44,392 Parks 361,130 22,309 Transfers 203,350 16,946 Cable TV 50,000 20 Contingencies 44.290 530 YTD PERCENT EXPENSE VARIANCE ~ 12,338 63,652 16.24% 0 3,750 0.00% 54,620 202,530 21.24% 0 1,080 0.00% 43,586 171,514 20.26% 15 79,615 0.02% 18,079 117,471 13.34% 84,584 88,066 48.99% 2,724 25,916 9.51% 243,563 1,017,287 19.32% 716 6,414 10.04% 68,556 201,454 25.39% 110,608 560,842 16.47% 45,596 315,534 12.63% 50,838 152,512 25.00% 20 49,980 0.04% 530 43,760 1.20% GENERAL FUND TOTAL 3.837.750 321,452 736~373 3.101.377 19.19% Area Fire Service Fund 510,410 Cemetery Fund 9,140 Dock Fund 141,230 TIF 1-2 0 Water Fund 679,880 Sewer Fund 1,121,210 Liquor Fund 495,850 Recycling Fund 163,310 Storm Water Utility 92,910 40,122 72,136 438,274 14.13% 945 1,553 7,587 16.99% 8,098 11,915 129,315 8.44% 18,704 39,482 (39,482) 77,371 152,162 527,718 22.38% 103,349 317,893 803,317 28.35% 37,656 125,372 370,478 25.28% 9,091 27,011 136,299 16.54% 341 18,412 74,498 19.82% Exp-02 04/14/2003 Gino -2080- CITY OF MOUND BUDGET REVENUE REPORT March 2003 25.00% GENERALFUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfers from Other Funds Charges to Other Departments March 2003 YTD BUDGET REVENUE REVENUE 2,290,070 0 0 6,930 1,150 2,050 263,150 14,514 60,422 502,930 20,165 67,631 97,800 6,927 34,709 117,000 6,294 13,702 215,290 4,647 66,074 0 0 0 14,000 1,986 2,991 PERCENT VARIANCE RECEIVED (2,290,070) 0.00% (4,880) 29.58% (202,728) 22.96% (435,299) 13.45% (63,091) 35.49% (103,298) 11.71 % (149,216) 30.69% 0 ERR (11,009) 21.36% TOTAL REVENUE 3.507.170 55,683 247,579 (3.259.591) 7.06% FIRE FUND CEMETERY FUND DOCK FUND WATER FUND SEWER FUND LIQUOR FUND RECYCLING FUND STORM WATER UTILITY 550,410 51,790 169,947 (380,463) 30.88% 5,000 0 25 (4,975) 0.50% 103,400 29,130 137,876 34,476 133.34% 625,000 38,305 75,659 (549,341) 12.11% 1,100,000 87,313 179,357 (920,643) 16.31% 2,110,000 145,674 387,341 (1,722,659) 18.36% 129,000 7,292 14,856 (114,144) 11.52% 115,000 9,640 19,494 (95,506) 16.95% 041t4/2003 rev01 Gino -2081 - General Fund $1,397,186 CDBG 1,289 Area Fire Protection Services 294,311 Grant Revolving 0 Cemetery (6,375) Dock 261,000 PW Facility 72,234 G.O. Improvement Bonds 42,482 Commerce Place TIF (167,064) TIF 1-2 Notes 25,578 G.O. Bonds 2001 - A 3,793 G.O. Bonds 2001. C 0 HRA Lease Rev Bonds (1,900) Capital Improvement 1,335,761 MSA (21,907) Sealcoat 67,259 CDB 1,267 Downtown TIF 1-2 (2,074,336) HRA Public Safety Bldg (28,217) Water 1,124,800 Sewer 1,116,835 Liquor Store 150,897 Recycling 56,753 Storm Water 314,754 Fire Relief (18,723) HRA 0 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. 04/1412003 CashReportCouncil Gino -2082- Draft: 4/1/03 Minnesota Institute of PUblic Finance, Inc. To: CC: FROM: DATE: SUBJECT: Minnesota House of Representatives c/o Representative Ron Abrams Governor's Office Departrlaent of Revenue Minnesota League of Cities Minnesota Institute of Public Finance April __, 2003 Impact of House File No. 751 on Municipal Finance Introduction This Memorandum is submitted by the MinnesOta Institute of Public Finance to describe how HF 751, if enacted in its present form, will radically alter the nature of debt obligations issued by Minnesota cities and counties and increase the cost of local government. Minnesota General Obligation Bonds General obligation bonds are the most common debt instrument issued by Minnesota cities and counties. Such bonds pledge the full faith, credit and'taxing powers of the city or county. The promise by the city or county to levy property taxes without limit as to rate or amount, if necessary to pay principal and interest when due, is fundamental to the credit strength of these bonds. By virtue of Minnesota's special levy exemption for bonded indebtedness the taxes levied to pay debt service are exempt from levy limits. Based on this statutory framework, Minnesota general obligation bonds command the highest credit rating and the lowest interest rate that can be obtained in the marketplace. House File No. 751 HF 751 would eliminate the issuance of general obligation bonds by Minnesota counties and cities and, in contravention of the pledge to bondholders, convert outstanding bonds into limited tax bonds. First, Article 5, Section 3 of HF 751 would eliminate bonded indebtedness as a special levy for future bond issues. As a result, any levies for bonded indebtedness would have to be 2200 First National Bank Building · Saint Paul, MN 55101.. (651) 223-6404 · Fax (651) 223-6450 kganley~briggs.com website: mnipf, org -2083- made within the confines of the generally applicable levy limit. It also follows that bonds issued in the future by cities and counties will be limited tax bonds subject to a single overall levy limit along with operating levies. taxes levied in 2004 and thereafter, including a tax increase occasioned by the need to levy for bonds, to a reverse referendum procedure. This provision applies to both new and existing bonds. As to existing bonds, it has the effect of converting general obligation bonds to limited tax bonds and potentially abrogates the contractual obligations of the issuer. With respect to new bonds, the uncertainty of the reverse referendum process inhibits decision making because the city or county can never be sure whether the added burden of a bond issue will be sustained by the voters until such time as the new taxes are levied. Credit Concerns The basic credit concern with a limited tax bond is that the need to levy for debt service could put a squeeze on the issuer's ability to levy taxes for essential operating and other purposes. Particularly in a time of stress, there is a concern that the city will not be able to meet its debt obligations due to budgetary stress. Rating Agency Reaction In the words of Standard & Poor's, limited obligation bonds "lack the strong inherent protection of an unlimited-tax obligation". The rating agency consensus is that some limited obligations will be rated lower than general obligations of the same issuer, thereby increasing the borrowing costs of many issuers. In general, the rating agencies evaluating limited tax obligations focus on the stability of non-tax revenue sources and the size of available reserves. This focus is likely to encourage cities and counties to maintain reserves that otherwise would not be necessary and to increase fees for services. Policy Considerations If limits are to be placed on the amount of taxes which cities and counties can levy, we believe those limits should continue to exclude levies for general obligation bonds. Cities and counties cannot issue debt for operating purposes (except in anticipation of taxes which they can otherwise levy) and the debt service levy is only a part of the overall levy~ Accordingly, preservation of the special levy concept will not significantly affect the overall amount of taxes which can be levied. HF 751 in its current form would discourage borrowing for capital purposes at a time when the economy is slow and interest rates are at historically, thereby impeding economic recovery and increasing future costs. Further, it will degrade the quality of bonds previously issued by Minnesota cities and counties and Minnesota's reputation in the marketplace. M1:979180.01 -2084- Orvin D. Burma 3011 Island View Drive Mound, MN 55364 April 24, 2003 LMCD UPDATE Synopsis There have been no issues brought to the LMCD board that would affect our City appreciably, either negatively or positively since my last memo. Therefore, since your agendas are long, your packets thick and your time short, I have not requested nor volunteered to appear at a Council meeting for an update. As always, if you would like my presence at a meeting, I am available. Issues A few issues have come up concerning excessive numbers of boats, side setbacks, canopies, etc., but, I believe all have been resolved in an amicable manner with those concerned without the necessity of coming to the Board level. One issue was a crowding issue involving Steve Codden and the City Dock program. Greg Nybeck and I met at the site, then Greg had conversations with Mr. Codden and Jim Fackler. Thanks to the efforts and the cooperation of all of the above, the issue is resolved. (My personal feeling is, however, that if Jim and the DCAC could get a multiple dock system into this area in 2004, it would be very desirable. I will contact Jim sometime in the next month or so to get his thoughts. Two other issues came up regarding side setbacks and excessive numbers of boats. Both were on Island View in my neighborhood. Both of these issues, I believe, are resolved or well on the way to being so. General thoughts I have come to gain a new appreciation of the LMCD in the last 1 ½ years. Jim Fackler and Greg Nybeck have a great respect for each other and an excellent working relationship. Because of that relationship and the cooperation that the City has demonstrated with the LMCD, we are beneficiaries of some latitude in some areas. Occasionally certain Board members remind me of this fact. -2085- One item that has been brought up on several occasions is that we need to submit a comprehensive site plan. Although there has been no great pressure to do so within a stringent time frame, it's probably something that we should be working toward. Perhaps thoDC AC. is..working~on-i,t~already~ --T~his~and-an y~other-~s4n-which~ve-can demonstrate assistance and cooperation with the LMCD will be beneficial to both parties and the relationship. (Bob, this excludes, of course, the planting of "noxious weed buffers", otherwise known as "Native vegetation plantings") Joking aside, I feel that things are good between Mound and the LMCD. We need to continue to work to keep it so. Orr Burma -2086- Page 1 of 2 Kandls i4anson From: "Orr Burma" <orv.burma@technagraphics.com> To: "Pat Meisel" <patm@meiselwoodhobby.com>; "Mark Hanus" <mahanus@earthlink. net>; "Kandis ...... - -- ...... Hanson ' <kand'shaTlson@¢ tyofrnound.com>,' - ...... 'Bob Brown" <sk nnyb@weblv.com>,- ~ ~"~"Dav'~'d '-~ .......... Osmek" <osmek@worldnet. att. net> Cc: "Jim Fackler" <jimfackler@cityofmound.com> Sent: Thursday, April 24, 2003 3:39 PM. , Subject: Fw: Lake cleanup day ..... Original Message ..... From: OdcomPR@aol.com To: orv.burma@technagraphics.com Cc: gnybeck~lmcd.org; michael@odcom.com; luke@crystalmarine.com; ahannay@crystalpierz.com; michael.mason@liesch.com Sent: Thursday, April 24, 2003 1:59 PM Subject: Re: Lake cleanup day In a message dated 4/24/03 1:28:09 PM Central Daylight Time, orv.burma@technagraphics.com writes: Michael- Soon after your presentation to the LMCD, I primed the Mound City Council and Mayor Meisel to help with getting the word out about the Lake Cleanup day. Since then, unless you made another presentation at a meeting that I couldn't attend, I have received no further word. Is it still on? Do you have press kits? Is the date still June 217 What ideas do you have for the City's help? Orv Burma Representative from Mound to the LMCD Thanks so much for the follow up. I apologize for the delay per re-presenting to the LMCD, as some things (locations, sponsor exposure, etc) needed wrapping up prior to getting the information kits printed and arranged. As we speak, we are producing posters, table top brochures, and the web site. VVe expect to have kits available for individuals, businesses, civic groups etc .. by the beginning of the week. As soon as I have these items in hand, I plan on contacting each of the LMCD representatives to offedconfirm potential distribution outlets to get the posters/brochures circulated throughout the LM community. The date is still June 21, and the "diver portion" of the cleanup will launch from Maynard's at 7:30 am. This will likely be the primary media opportunity. I have had discussions with the Sun Current per a special "2003 Lake Cleanup Day" section. VVe are planning on a coloring contest for kids per the issue's back page ,,, and are looking for a local business to sponsor that portion - wherein the business displays the kids entries during the week of Lake Cleanup 2003. I'm hoping the LMCD communities will be able to distribute the postedbrochure kits via the City Hall or Chamber Office, while potentially tapping into "event-friendly" local businesses in hopes of getting them to hang a poster in their window. - 2087- 4/25/03 Page 2 of 2 Besides these requests, the only other thing we really would like to see from the individual cities, is a city- produced banner hung in a prevalent location touting the 21st as Lake Cleanup day. This would be the only cost to the individual city. Unless of course an ad in support of the event was purchased per the Sun Current special section ... not a bad way to show support. LMCD members. I THANK YOU FOR YOUR ONGOING INTEREST & SUPPORT, AND ENSURE THAT ~ WILL MAKE THIS A SUCCESS FOR 2003 AND YEARS TO COME! If you have any questions, please feel free to contact me. Aisc, Greg, if you have any dates you see as a fit for an "Update Appeal" please convey them my way, as I'll be ready to roll within days. Michael odcom On Demand Communications 7416 H/A.SHIN6TON AVE EDEN PRAIRIE, /MN 55344 (95~)- 944- 2519 - PH/?X ODCOtAPI$~) A OL. COW - 2088- 4~25/03 MOUND PUBLIC SAFETY FACILITY MEETING Monday, April 21, 2003 4:00 p.m. AGENDA Excavation and Construction Schedule Update 2. Soil / Fill Hauling Alternatives 3. Land Purchase - Neighbors Update 4. Discussion: Parking Alternatives Miscellaneous a. FFE Issues b. Apparatus Bay Floor Coatings c. Precast Sample 6. Adjourn -2089- Cr1~ OP MOUND Meeting Minutes Mound Public Safety Facility Meeting held on 4/21/03 Date prfnted 05/06/03 The meeting was convened at 4 PM Monday, April 21, 2003 at Mound Fire Station: Present: Kandis Hanson City KH Todd Christopherson Amcon TC Jeff Andersen City JA Don Geiger Amcon DG Greg Pederson City GP 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. DG to determine how long underground electrical work will take Xcel Energy. Scheduled to start mid-May. Hold placement of sand base at drive and parking areas until precast and steel is set, may require temporary roadway. Sub-grade will be completed in 4 - 5 days. GP to verify road restrictions for second Vanderlindy site. No soils are to be placed at Lost Lake site. GP to verify with John Cameron that no fill was required for other City projects. Plan on dosing entry into City Hall Thursday through Tuesday. Geopiers to start on Friday, about 2 - 3 weeks work. The underground storage tank is out. The soils in the area were clean and the tank was filled with concrete. DG to confirm phone pedestal location and timing of switch over and removal of existing wires. DG to verify steel delivery dates. City withdrew offer to neighbor for purchase of land. Cost of land and development cost did not justify the few additional parking stalls gained. Discussed parking altemates 5, 6 & 7. Alternate 5 does not have enough additional parking spaces. Alternates 6 and 7 have the same amount of additional parking but Alternate 6 offers better snow plowing and access. GP to verify with Miles Britz on deleting the radiused curb on the east side for additional parking. GP to present to City Council. FFE Issues - GP needs to start focusing on systems such as phone, CCTV and computer. Floor Coating - Currently prefers a product by StoneCor. GP to verify if it can be patched. TC stated this decision could be held off until August, DG to follow up with Geno on Builders Risk Insurance. Discussed casework bids. DG to clarify. Next meeting May 12 at 4:00. Meeting adjourned at 5:15 PM. Minutes by DG. Call if any missing items or discrepancy. C:\WlNDOWS\Local Settings\Temporary Internet Files\Content. lE5\HNGGA448\MPS 04 21 03.doc -2090- Page ] of ! Minnesota LawfUl Gambling LG555. Government. Approval or Acknowledgment For Use of Gambling Funds (previ0uslyLG503andLG265) Organization Information (please print) Expenditure Description (attach additional sheets ifnecessa~) 1. Amount of propo,ed la~ul purpose expenditure $/~0 2. Gheck the appropriate expenditure cate~o~: .~ Contribution to a unit of ~overnmont - ~nited States, state of Minnesota, or any of its subdivisions. a~ende~, or instrumentalities. ~OTE: A contd~ution may not go mado directly to a law enforcement or prosecutorial a~ency, such as a police depa~ment, county sheriff, or county a~orney. ~ wildlWo mana~oment projo~t that benofi~ the publi~ at lar~e with approval of the state a~ency that has autho~ o~or the project. Describ~ ~ ~ropDsed expenditure including vend~s. . · Grooming and mainlining snowmobile or all-terrain vehicle trails with approval by DNR. AIl 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 7861.9120, Subpart 5D(10), does not result in any net monetary gain or other pecumary benefit to our organization. · I affirm that when lawful gambling funds are used for grooming and maintaining snowmobile or ali-terrain vehicle trails or for any wildlife management project for which reimbursement is received from a unit of government, the reimburse- ment funds must be deposited in our lawful gambling account and recorded on the LG1010.- Schedule C/D 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 above, and/or · acknowledges the contribotion, which will not be used for a pension or retirement fund. Phone number Title ~. ¢/~, ~~, Date ¢ Keep this completed form attached to the LG1010 - Schedule CID in your organization's records. This form will be made available in alternative format (i.e. The information requested on this form will become public large print, Braille) upon request. If you use a TTY, you can call us by using the Minnesota Relay Service at 1-800-827- 3529 and ask to place a call to 651-639-4000. information, when requested by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. For additional information, check our web site at ww. gcb.state.mn.us -2091 - 04-22-2003 10:20RM FROM LAKE MINNETONKA COMMUNICR TO 4?20620 P.02 -2092- 04-22-2003 10:21AM FROM LAKE MINNETONKA COMMUNICA TO 4?20620 P.03 -2093- TOTAL P.03 MINUTES OF A SPECIAL MEETING OF THE DOCK AND COMMONS ADVISORY COMMISSION April 17, 2003 Present: Mayor Pat Meisel, City Council Members Mark Hanus, Peter Meyer and David Osmek, DCAC Commissioners Mark Goldberg, Jim Funk, Greg Eurich, Gerald Jones, Frank Ahrens, City Manager Kandis Hanson, Parks Director Jim Fackler, Secretary Denice Widmer Absent and Excused: City Council Member Bob Brown Citizens Present: None * The DCAC requested this meeting following a to the dramatic increase of administrative costs. Mayor, City Council and the City Manager as concern for the DCAC is that the fund is participants and is to be used for repair DCAC feels that the fund should not be tapped into public at large when the fund is Docks Program. DC AC also stated fees on a fund that was not intended to Mayor Pat Meisel aware that, in Meisel also urged the increasing Dock fund due The primary docks,::~c. The the of people involved in the wants to raise the concludl~ with Meisel advising the DCAC to be this ~d will event~y become an enterprise fund future. p~0j~tion numbers and to strongly consider issue will be added to the DCAC Osmek: Meeting at 7:25 SECOND by Hanus. Motion carried. -2094- DOCK AND COMMONS ADVISORY COMMISSION MINUTES April 17, 2003 Present: Commissioners Jim Funk, Gerald Jones, Greg Eurich, Mark Goldberg, Frank Ahrens, Council Representative Mark Hanus Also Present: Parks Director Jim Fackler, Docks Administrator Katie Hoff, Secretary Denice Widmer Chair, Jim Funk, called the meeting to order at 7:33pm. APPROVAL OF MARCH 20~ 2003 MINUTES MOTION by Jones to approve the minutes. carried. by Funk. Motion e AGENDA CHANGES None e COMMENTS AND I None 4. DISCUSS: RELEASE OF Applicants: Mark and Gall H~ )k, Bruce and Sharon * It )ed down for this discussion. Fackler gave a' ne~ and staff review. Advised that the release of this property. Mark ve for the other applicants and gave a brief with commissioners agreeing not set a precedent and would not have a program. M( portion of Funk. make a recommendation to the City Council to release a land adjacent to 4458-4446 Denbigh Rd. SECOND by Hanus returned to the panel. DISCUSS: FIRE DEPARTMENT DOCK REQUEST Fackler gave a brief overview of this request, stating that the Fire Department had been given a dock at Carlson Park. Discussion on fees followed. MOTION by Eurich to grant the Fire Department Request for a dock at no charge. Motion failed due to lack of a second. -2095- MOTION by Goldberg to allow the Fire Department Request for a dock with a charge. SECOND by Funk. Discussion followed. Hanus withdrew his amendment recommending that the request go to the City Council. Ahrens expressed his concem over the legality of this issue. Goldberg then amended his motion. MOTION byGoldberg.to app~tove.-~the. Fi~e Dei~-erit, tequ-e,gt fo~'-a-'do~k~at the current fee paid by any other slip holder, and to make a change to the ordinance, if required, to allow for this specific instance. SECOND by Jones. Discussion followed regarding lack of space for non-emergency vehicle parking. MOTION by Ahrens to amend the motion, adding that the DCAC approval of the Fire Department paid by any other slip holder, and to make a change to allow for this specific instance, be sent to the Motion carried. ~CAC recommends current fee ordinance, if required, for final approval. REVIEW: MAY AGENDA Fackler will request actual figures 2003. of the 0 REPORTS: None MOTION by Funk to adj Meeting Motion carried. -2096- ON THE SPRING 2003 A PUBLICATION OF THE LAKE MINNETONKA ASSOCIATION Lake Minnetonka Boat Density- Time for a Change? Dick Osgood, Executive Director Last fall, we invited LMA members to complete a survey of lake use issues (see box in this article for results). There were Dick Osgood some common themes in the results: 1) many people think the lake is crowded and noisy, 2) many think enforcement of existing ordinances is the best way to manage these concerns, 3) lakeshore owners appreciate the beauty and serenity of lakeshore living, 4) boating activities that occur near the shore can be particularly problematic, 5) the lakeshore is too crowded and 6) access of all types is adequate and no more should be allowed. This survey echoes what I have been hearing from LMA members for the past several years. So with this backdrop, it is timely the LMCD has kicked off a review of their boat density rules. As your representative, ! will participate in those meetings and bring forward any information as it develops. LMA member Pat McGoldrick has also indicated an interest in partici- pating. Other LMA members want- to be involved or to express any :oncerns, should contact me. On another note, we are going to be expanding the zebra mussel inspection program this summer. We are gratified the LMCD, the Legacy Foundation and several LMA members have come for- ward to help fund this worthy activity. This is one tangible way the LMA is working to protect our beautiful lake. The inspection program will also set the stage for preventing other unwant- ed exotic species - and they are coming - from getting into our lake. This issue of 'On the Lake' is packed with information. One reason is that we had to skip the winter issue due to low funds. Please spend a few minutes looking at the important work the LMA does on your behalf, think of additional ways we can serve your interests and send your membership dues or make a contribution today. To be an effective advocate, we need much broader support. Here's to a happy boating season. Results of Lake Use Survey Forty-six LMA members responded to the lake use survey in the Fall 2002 newsletter. Here are the results (number of responses in parenthesis): 1. What concerns do you have with surface use of Lake Minnetonka.~ Crowded (30); Unsafe (18); Noisy (23); None (2) Other answers (less than 5): PWCs and boats too close to shore; boaters need training; alcohol; litter Sc trash; bass boats in early morning; weekends; pollution; boats too fast; not abiding by rules. · 2. How should these concerns be better controlled or regulated.~ Ordinance (21); Enforcement with consequences (29); Voluntary (5); None (1) Other answers (less than 5): limit size; limit speed; limit noise; education; restrict personal rentals. 3. Are certain boating activities inapp~riate for Lake Minnetonka~. Personal watercraft (14); Larger boats (9); Speeds greater than 20 mph (6); No (6); Boating in shallow water (5) O~her answers (less than 5): Towing in channels; fishing tournaments; rafting boats together; racing boats; snowmobiles; water skiing. 4. What do you enjoy most about Lake Minnetonka.~ Beauty/aesthetics (22); Quiet (9); Opportunity for diverse activities (9); (continued on page 2) (continued from page 1) Fishing (8); Boating (6) Other answers (less than 5): Wildlife, sunsets; small town character; restaurants; weekdays; swimming; sailing; speed; skiing. $. Recent research bas shown that boats can cause damage in water less tban about 10 feet deep. What sbould be done to protect sballow areas of tbe lake? Enforce or expand 'no wake' rules (24); Education (5) Other answers (less than 5): limit motor size; postings; enforce speed limit; need more informa- tion; buffers; depth limits. 6. Wbat concerns do you bave with tbe use of tbe lake sbore? Crowded (23); Dock rules (11); Unnatural (12); None (3) Other answers (less than 5): dock lengths; lakeshore ordinances; too many restrictions; promote lakescaping; erosion; color of boat houses; runoff/fertilizer; limit common docking; private rental. 7. Do you bare concerns with access to Lake Minnetonka via tributaries? Yes (16); No (5); Limit use and development (21); Fee for public access (11); No dredging (7) Other answers (less than 5): Halsteds/Six Mile Creek; need more information; no motors; runoff; open with controlled access. "ON THE LAKE" is a quarterly publicatiOn of tbe Lake Minnetonka Association, P.O. Box 248, Excelsior, MN 55331 ISSUE 2003:1 · APRIL 2003 HOW TO CONTACT THE LMA The LMA has new contact information and a new web site. Please make note of these num- bers and addresses. Also, check out our web site and feel free to suggest additional information. Phone Number: ............ (952) 470-4449 Fax: .................... (952) 470-8034 E-Mail: .......... Minnetonka@Mnlakes.org Web Site: ...... www. mnlakes.org/Mirmetonka Should lake access be controlled or limited in any way? Yes, enough access now (35); Hours of operation (5) Other answers (less than 5): more through Three Rivers Park; limit number of boats at docks; limit use; require permits; exotic species prevention; no. Should limits apply to private residences, commercial businesses or public accesses? Must be applied to all (10); Limit private residences (5); Limit commercial businesses (8) Limit public access (8); No (3) It has been my privilege being appointed as chair of the LMA Board of Directors. We have worked hard to iden- tify lake issues shared by our members, develop plans Gedney Turtle and programs to address those concerns and raise the needed resources to make a difference. The economy is in a slump and the LMA, like other nonprofits, is feeling the pinch. I am gratified that so many members have renewed their membership last month. However, I am troubled there are so many of you who are not members at all. The LMA Board decided several years ago to circulate this newsletter to all lakeshore residents, businesses and local government officials - about 8,000. This is an important way to communicate. However, this comes at great cost; At present, we have only about 300 members of about 5,000 lakeshore homeowners! We need those who have not joined to ioin today. Increasing our membership will allow us to continue our important work, even expand it. Please take a minute and clip the membership application at the back of this newsletter and send it today. We are at a critical point. Without broader support, we will have to cut back on the work we do to inform lakeshore residents, be advocates on your behalf and protect our beauti- ful lake. Thank you. Lake Advocacy Organizations Consider becoming a member of the state and national lake advocacy organiza- tions. The Minnesota Lakes Association advocates for Minnesota lakeshore own- ers and lake associations. The North American Lake Management Society pro- vides a forum for citizens, scientist and lake managers. Both organizations have informative publications. Dick Osgood, LMA Executive Director is on the Board of Directors of both organizations. Check them out at their respective web sites: nmlakes.org and nalms.org. Of course, you should be a member of the LMA first! ~'- 2098-'^GE 2 The Importance of Native Plants in our Landscapes and Lakescapes By Marleane. Catlagban, 2, Layout your garden hose in the Fortin Consulting, Inc. Most of us are familiar with the term "landscaping" but to those of us who live near the water's edge whether it be a lake, stream, creek or wetland, we should also be acquainted with the term "Lakescaping." Lakescaping is important because it creates a buffer of native plants between the land and water. Since water quality is a big concern for many lakeshore owners, the use of native plants can help improve our water quality by provid- ing a more sustainable landscape. There are many benefits to using native plants on our properties. Some of the benefits are: · Prevent geese from accessing our property. Geese are not comfort- able in plants taller than themselves as they cannot see predators. They choose not to leave the water and access areas Of land that have these taller plant buffers. Goose drop- pings add large amounts of nitro- gen and phosphorus to our lakes over time. · Reduce the need for fertilizer, watering and mowing. Once a native planting is established, maintenance is minimal compared to lawn maintenance. · Provide much diversity in color, textures and food and habitat for creatures such as songbirds, butter- flies, dragonflies and frogs. · Stabilize a weak or eroding shore- line with the longer root systems. · Absorb excess nutrients such as fer- tilizer or pesticides from the run-off of our lawns and hard surfaces before it reaches the lake. Here's how you can take some steps towards lakescaping your property: Determine your needs along your shoreline: a dock, a swimming area, small areas of lawn, a butter- fly garden. shape of your new shoreline plant- ing. The planting or new buffer area can include a pathway, bench- es, birdbath, feeding stations and butterfly houses. 3. Call your city to see if a permit is required. 4. Eliminate "unneeded" lawn from the upper portions of your lakeshore property and restore that area with as many native plants as possible. This area will filter the excess nutri- ents from the remaining lawn. 5. Extend your planting into the water. This is easiest for lakeshores that are shallow. This will help minimize wave action that can erode your shoreline and also pro- vide habitat for fish and aquatic insects. 6. Contact a lakescaping professional for more help. The Hennepin Conservation District, the Minnesota Department of Natural Resources - Ecological Services, Fortin Consulting, Inc., Save the Lake (LMCD) and the Minnehaha Creek Watershed District all have information on lakescaping. Buffer zones show that we care for the lake: They-can be ptanted with trees, shrubs, wildflowers, sedges, grasses and aquatic plants. There are many choices of plant material avail- able in a variety of colors, textures and heights. Many of these plants also provide beautiful winter interest. Lakescaping projects can be done over a number of seasons. Your lakescaph~g professional can help you organize your project to accommodate your time, energy and budget. They can help you decide on a planting that will best fit the needs of your property. For more information on native plants, where to purchase them and techniques to restore natural habitat, pick up a copy of Lakescaping for Wildlife and Water Quality, a DNR publication that is available at libraries, local book- stores, and the U of M Arboretum bookstore. This information is also available in a new CD "Restore Your Shore" that carries the same plant lists and photos, nurseries and many design ideas to help homeowners "lakescape" their properties. If you are tired of spending "quality time" at the lake mowing grass, chas- ing geese, and watching the lake turn green, you'll be happy to know there is an alternative. The LMA will once again participate in an access inspection program this summer. The inspectors will continue the surveillance of key public access on Lake Minnetonka and pro- vide an effective educational message to boaters about the harmful effects of zebra mussels and other unwanted exotic plants and animals. The program in 2003 is an expanded version of last summer's successful pilot program. Watercraft inspectors from the DNR's watercraft inspection program will be deployed at four key public accesses - Gray's Bay, Maxwell Bay, North Arm Bay and Spring Park Bay - begin- ning Memorial Day weekend through the summer. The LMA is pleased to again be working with the Lake Minnetonka Conservation District to coordinate and help fund this important activity to protect or lake.'Funding for this project comes from the Legacy Foundation, the [.MCD, the LMCD's Save-the-Lake Fund as well as from members of the LMA. The budget for this year's inspections is set at $18,000 and the LMA is committed to help raise a significant part of this. The LMA welcomes contributions to our Exotic Species Fund to support this effort. 2099 et's Clean Lake Minnetonka from top to bottom! By Mike Mason, LMA Board of Directors Let's clean up Lake Minnetonka from top to bottom is the a coalition of groups spearheaded by the LMA, the Minnesota Frogmen Dive Club and the major sponsor, Crystal- Pierz Marine. The group hopes to expand on last year's effort, and make the cleanup an annual event. In August of 2002, a group of 35' SCUBA divers spent a morning removing debris from the bottom of Lake Minnetonka. Amongst the items removed, were parts of an old bathtub, pipes, a bowling ball, golf balls, wire, a wedding ring, many cans and bottles as well as a variety of fishing equipment. In 2003, the group is expanding the effort to include over 100 SCUBA divers, plus we are asking the communities around the lake to help coordinate individuals and groups to cleanup shoreline areas. The idea follows the model of the National Night Out crime fighting effort. In this vein, we are asking that individuals, groups or neighbors plan on taking a part of a day to clean up the shore line in front of their homes or to adopt a local beach, park, boat launch or favorite island hangout area, such as C~Uis~rg'c6v~'t3fBOy S~Oti~ I~l~d: We have chosen the Saturday nearest the first day of summer - this year that day happens to be the same - June 21sd We think it would be a great idea if neighbors or groups planned on doing a shoreline clean up effort and having a barbeque or picnic together. We all enjoy what Lake Minnetonka has to offer, let's help out by giving part of one day back to the lake. If we all join together on one day, we can have a great time and make a noticeable difference. We will be getting more information out soon,' and vari- ous cities around the lake have already expressed an interest in coordinating clean up efforts. Stay tuned for more information, or call Mike Mason of the LMA at 952-472-4575. PLEASE SUPPORT OUR ADVERTISERS The LMA board has approved a plan to include advertising in our newsletter. The Board has adopted policies to assure that ads are for lake-related businesses and gives preference to LMA business members. Please contact Dick Osgood at 952-470-4449 for advertising rates and policies. 685 ExceLsior Boulevard · Excelsior, MN 55331 (612) 470-1800 Get This Handy Plant Guide We have several copies of 'Through the Looking Glass,' available for sale. This is an excellent field guide to common aquatic plants. It contains detailed drawings, descriptions of plant habitats and values to fish and wildlife. This is an easy- to-read guide that will help citizens better appreciate native aquatic plants. This guide was used by the LMA's citizen volunteers. Cost is $20, which includes postage. ---2100- MEMBERSHIP RENEWAL AND CONTRIBUTIONS ARE NEEDED Thank you to LMA members who responded to our recent membership renewal. Your dues help support the important work of the LMA. WE NEED MORE LAKESHORE OWN£R$ AB M£MB£R$. Without a larger base of suppo~ the LMA cannot continue to provide a voice for the betterment of our beautiful lake. Become a new or renewing member. We now have about 300 members, but there are about 5,000 lakeshore owners. Membership categories are: Basic Member .................................... $50 *About covers the costs of basic member services Sustaining Member ................................ $150 *Provides resources to sustain LMA's activities Captain ......................................... $500 *The highest membership level Bu~i~e~'~e~b~ i i l ; i . . ; . ;'. ;ii. iiiiiiii, i.. i(. i ; i i$2J0 ~Lake:rela~e~ bu~in~s~ ~U~ot:ting the LMA Support the Exotic Species Fund. The ESF allows the LMA to aggressively prevent the spread of new exotic species into Lake Minnetonka and he/ps to better control tho~e a/ready in Lake Minnetonka. Make a contribution. Additional contributions help strengthen the LMA. THANK YOU, Richard 8: Joan Baker Mark Gross Tom & Pat McGoldrick Allen Sorbo CONTRIBUTORS SINCE Jin ~ DeDe Bamum Ron & Sandy Haberkorn Ed Malone & Bella Mancini Janey & Bill Spoor LAST LMA NEWSLETTERI The Beelers Daryl & Mary Hansen John & Erie Miller Jim & Gwynne Steiner Steve & Patti Bernstein Lester Hansen Andrew Marine Mike Stockstead CAPTAINS ($500 +) George & Sally Pillsbury Carl Berquist Scott Hanson Bill Mason Patrick & Patricia Strother Marshall & Shirley Besikof Steve Haskins Jim Meffert M]M Lee Sundet SUSTAINING ($150 - $499) Gary Blauer Ralph Hatch Jim & Lin& Meffert Donald Swanson Win & Barb Adams ER & Muriet Boedecker James & Jean Haverstock Hugh Neeson & Andrea Messina H.R. Swanson Dean Akins Edwin & Caroline Boon Bud Haydeu Jg John Moe H.R. Swanson Trust Ron & Pat Allar Don & Betty Burns Doug & ManNa Head Clinton Morrison Thomas Swanson Kent Battles Tom Burton Theodore Holsten, J~ Wayne Nelson Bob & Barb Sykora Jim & Peggy Beardsley Les Busch David & Xr~rginia Houck Kent & Lois Norby Robert Sykora Don & Marianne Beeker Miles & Pam Canning Bob & Joyce Humbolt Thomas & Jane Norling Stan& Patftcia Taub Janis Bennan George Caftsch Don & Sharon Jacobsen James Nystrom A. Skidmore Thorpe Jim & Lynn Blakeway Mike & Wendy Cariveau Joseph Jester Bruce & Carol Olson M/fYi William Trubeck Dale Christenson Sandra & John Cart Arther Jewett Patricia Olson Al Wade Frederick Chute Gerald Cavanaugh Bruce & Carolyn Johnson Jann Olsten Michael Wallace Gary & Elaine Dachis Collins & Barbara Cavender Doug & Marcia Jolstad One Hour Cleaners Brian & Use Waller Edward Dayton David Chizek Kevin Kennefick Alan & Maxine Opheim Thomas Warner David Eaton Fred Chute Darwin Klockers Dave & Kay Owen Doug Watson John & Nancy Lin&hi John Cleveland Grenaviere & Carrell Kucera George Owen Peter Wattson Thomas & Rebecca Lowe Harold Cohran Theodora Lang Stephen & Carrie Parente Jay & Sharon Wein David Lundquist David & Carol Cole Curt & Carol Larsen Lee Paris Dg Dorothy Welch Robert MacDonald Don Constable Dave Latzke Dan & Tracy Pasek J.S. Werner Glen & Marylin Nelson Judith Corson Donald Leavenworth Richard & Jackie Peterson Richard Wett Sue Ann Pirsch Gary & Cheryl Cosily Diane Leimandt-Reimann & Ronald H. Peter Pflaun Mr. & Mrs. War& Wheaton Prospect Creek Foundation Ruth Detong ~- Dennis & Mary Leisz Rebecca Planer Helen & Kimball Whitney Larry Reid Dolores Du Toit Richard & Ann Leavenworth Tom & Mary Pokonosky Jnn Wilkie John & Lois Rogers William Dtmckley Sn Walter & Connie Linder Robert Pollock Larry & Elizabeth Wilson Sonja Hutd4inson & Rick Rohrer Dan Durda Terry & Brenda Lindgren Cleo & Donna Powers Blair Wolfson (Fremantane) Carl & Natalie Rosen Donald Eftckson Chrissy Lindstrom Premier Technologies, Inc. James Woodburn Ronald Schlenker Steven Fisher David & Ann Maass John & Linda Putnam Cai & Lori Wright Bob & Stacy Sevey John Folin Bill Mason Dave & Ellen Reisbeck BUSINESS ($250) W. Yale Smiley Barbara Forster & Harry Jim & Kathy Mason Jack & Betsy Randall Crystal-Pierz Marine Patrick & Patricia Strother Hendrickson Bec & Dick Mast Jon& Diane Rappaport John Goodman Thomas Sween B.C. Fox John Mac Wherter Jack & Mary Reidhead Monica Kennard, DDS Gedney Tut& Tom & Micbete Frahm Mike & Lin& Maki Todd & Pam Robinett Candi Stabeck, realitor Tom & Tina Verburgt Hollis Fritts J~ Ron & Dorothy Maki David & Diane Rogers Touchstone Accent Lighting Jim & Sharon Waller Rosemary Fruehling Ron & Polly Maki Pete & Kathy Sawicki Dennis & Amanda Walsh Mike Furnstahl Herbert & Leshe Margolis Steve Schalle THANK YOU, Michael & Barbara Wigley Jeanne Gibbons D~ & Mrs. Elmer Martinson H.J. Schaub CONTRIBUTORS TO THE Angus Wurtele Dr Stanley & Luetla Goldberg James McEachran Alice Schultze EXOTIC SPECIES FUND! BASIC (LIP TO $149) David Goodwin Denise & Max McGee Bill & Jean Seamans $$oo+ Jonathan & Catherine Aanestad ' David & Suzanne Goodwin Ross & Martha McGlasson Ken & Katie Scarl Leaonard & Margaret Busch Jack Anderson Bill & Robin Grierson Burton & Rosalyn McGlynn Henry See Gary Cosily CONTRIBIJT/ONS WELCOME! P/ease complete this form and mail it with your tax-deductible contribution to the Lake Minnetonka Association, RO. Box 248, Excelsior, MN55331. Make your check payable to the "LMA." Thanks! Name(s) E-mail Address City Zip Code Phone 1. I want to support the LMA at the following membership level: [] Basic $50 - $149 [] Sustaining $150- $499 [] Captain $500+ [] Business $250 Other or Additional $ I 2. I want to support the "LMA Exotic Species Fund" $ ! The LMA ts a 501(c)(3) tax-exempt organization. I m' m m mm m mm{ mm I m mmmm mm mm mm mmlmm m m mmml m i il ~om.,,~ on~,~. OAGE 5 -2101 - I I I I I I I I I I ,,I NONPROFIT ORG U.S. Postage PAID Permit No. 108 Excelsior, MN LAKE MINNETONKA ASSOCIATION RO. Box 248 Excelsior, MN 55331 ED SHUKLE OR CURRENT RESIDENT MOUND CITY ADMINISTRATOR 5341 MAYWOOD RD MQUNI) MIR 55364-1627 1,1,1,,I,!,,,11,,i1,,,I,,I,,,11,1.1,,,,I,I1,,,I,1,,I,,,11,.11,,I N O& E) lq I l~ lq :Et'SI ~1~ :Jeuu!M -2102- 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX:- (952)-~47-2,0620 WEB: www.cityofmound.com May 8,2003 TO: MAYOR AND CITY COUNCIL FROM: SENATOR NORM COLEMAN'S OFFICE The Mayor and Council are invited to an event sponsored by Senator Coleman's Office to be held on Monday, May 12, 2003, from 8:30 a.m. to 11:00 a.m., atthe Anoka Hennepin Technical College. This event is for information/discussion on Homeland Security. For more information, please call 651-645-0323. printed on recycled paper -2103- 5341 Macroad Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: The Honorable Mayor and City Council Members From: Matt Simoneau, Building Official Date: May 6, 2003 Re: Paint-A-Thon Update As you may be aware the City of Mound staff is participating in the 2003 Metro Paint- ^-Thon. This is a great opportunity to give something back to the community. We will be painting a home in Mound and are currently recruiting volunteers. The date for this years Paint-A-Thon is Saturday August 2nd. A sign up sheet for volunteers and additional information is located in the Community Development office at City Hall. Volunteers need to sign up before June 2nd. With everyone's help we can make this years Paint-A-Thon a success. -2104- CITY OF MOUND BUDGET EXPENDITURES REPORT April 2003 3:3.33% April 2003 YTD BUDGET EXPENSE EXPENSE VARIANCE PERCENT EXPENDED GENERAL FUND Council 75,990 10,181 22,519 53,471 29.63% Promotions 3,750 3,750 3,750 0 100.00% City Manager/Clerk 257,150 21,951 76,571 180,579 29.78% Elections 1,080 0 0 1,080 0.00% Finance 215,100 18,831 62,417 152,683 29.02% Assessing 79,630 1 16 79,614 0.02% Legal 135,550 12,655 30,734 104,816 22.67% City Hall Building & Srvcs 172,650 6,361 90,945 81,705 52.68% Computer 28,640 0 2,724 25,916 9.51% Police 1,260,850 132,034 375,597 885,253 29.79% Emergency Prepardeness 7,130 22 738 6,392 10.35% Planning/Inspections 270,010 28,450 97,006 173,004 35.93% Streets 671,450 46,808 157,416 514,034 23.44% Parks 361,130 20,325 65,921 295,209 18.25% Transfers 203,350 16,945 67,783 135,567 33.33% Cable TV 50,000 10,957 10,977 39,023 21.95% Contingencies 44,290 469 999 43,291 2.26% GENERAL FUND TOTAL 3,837,750 329,740 1,066,113 2,771,637 27.78% Area Fire Service Fund 510,410 Cemetery Fund 9,140 Dock Fund 141,230 TIF 1-2 0 Water Fund 679,880 Sewer Fund 1,121,210 Liquor Fund 495,850 Recycling Fund 163,310 Storm Water Utility 92,910 25,536 97,672 412,738 19.14% 0 1,553 7,587 16.99% 2,250 14,165 127,065 10.03% 12,560 52,042 (52,042) 28,554 180,716 499,164 26.58% 68,469 386,362 734,848 34.46% 31,412 156,784 339,066 31.62% 21,614 48,625 114,685 29.77% 1,618 20,030 72,880 21.56% Exp-02 05~09~2003 Gino -2105- CITY OF MOUND BUDGET REVENUE REPORT April 2003 33.33% 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 April 2003 YTD BUDGET REVENUE REVENUE 2,290,070 0 0 6,930 1,010 3,060 263,150 18,311 78,733 502,930 0 67,631 97,800 10,499 45,208 117,000 10,116 23,818 215,290 23,316 89,390 0 0 0 14,000 (11) 2.980 PERCENT VARIANCE REC_.___EIVED (2,290,070) 0.00% (3,870) 44.16% (184,417) 29.92% (435,299) 13.45% (52,592) 46.22% (93,182) 20.36% (125,900) 41.52% 0 ERR (11,020) 21.29% TOTAL REVENUE 3,507,170 63.241 310,820 (3.196.350) 8.86% FIRE FUND CEMETERY FUND DOCK FUND WATER FUND SEWER FUND LIQUOR FUND RECYCLING FUND STORM WATER UTILITY 550,410 64,744 234,691 (315,719) 42.64% 5,000 190 215 (4,785) 4.30% 103,400 (24,092) 113,784 10,384 110.04% 625,000 43,875 119,534 (505,466) 19.13% 1,100,000 147,028 326,385 (773,615) 29.67% 2,110,000 167,639 554,980 (1,555,020) 26.30% 129,000 12,337 27,193 (101,807) 21.08% 115,000 15,984 35~478 (79,522) 30.85% 05~09~2003 rev01 Gino -2106- General Fund $1,158,260 CDBG 1,289 Area Fire Protection Services 333,551 Grant Revolving 0 Cemetery (6,185) Dock 234,408 PW Facility 72,234 G.O. Improvement Bonds 47,808 Commerce Place TIF (174,586) TIF 1-2 Notes 25,578 G.O. Bonds 2001 - A 3,793 G.O. Bonds 2001 - C 0 HRA Lease Rev Bonds (1,900) Capital Improvement 1,322,423 MSA (25,155) Sealcoat 67,259 COB (260) Downtown TIF 1-2 (2,086,895) HRA Public Safety Bldg (715) Water 1,124,548 Sewer 1,133,792 Liquor Store 8,402 Recycling 41,494 Storm Water 321,081 Fire Relief (28,085) HRA 0 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. O5~O9~20O3 CashReportCouncil Gino -2107- THIS PAGE IS INTENTIONALLY LEFT BLANK -2108-