2003-12-09PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
AGENDA
CITY OF MOUND COUNCIL MEETING
TUESDAY
DECEMBER 9, 2003
7:00 P.M.
MOUND CITY HALL
COUNCIL CHAMBERS
5341 MAYWOOD ROAD
*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
2.
3.
4.
OPEN MEETING
PLEDGE OF ALLEGIANCE
APPROVE AGENDA, WITH ANY AMENDMENTS
AWARD OF CERTIFICATE OF ACHIEVEMENT TO FINANCE DIRECTOR
GINO BUSINARO
SWEARING IN OF COREY WIEBUSCH AS PATROL OFFICER WITH
MOLrND POLICE DEPARTMENT, WITH RECEPTION
*CONSENT AGENDA
*A. APPROVE MINUTES:
NOV 20, 2003 SPECIAL MEETING
NOV 25, 2003 REGULAR MEETING
DEC 1, 2003 SPECIAL MEETING
DEC 1, 2003 TRUTH IN TAXATION MTG
*B. APPROVE PAYMENT OF CLAIMS
*C. APPROVE PLANNING COMMISSION RECOMENDATIONS
*D.
1. CASE #-03-46:
GRANT AND JULIE JOHNSON
SUNCREST BUILDERS
WAIVER OF PLATTING
6185 SINCLAIR ROAD
APPROVE DOCKS/COMMMONS COMM RECOMMENDATIONS
MORITORIUM ON NEW SHARE REQUESTS FOR 2004
BOATING SEASON
4515-4517
4518
4519-4523
4524
4525-4526
4527-4547
4548-4564
4565-4572
*E.
*F.
*G.
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
2. 2004 DOCK LOCATION MAP CHANGES
APPROVE PAYMENT REQUEST NO. 3 TO ENVIRONMENTAL
ASSOCIATE INC FOR THE LOST LAKE GREENWAY PROJECT
APPROVE EXTENTION OF RENTAL AGREEMENT WITH
HISTORICAL SOCIETY
APPROVE EXCHANGE AGREEMENT WITH XCEL ENERGY
4573-4584
4585-4592
4593-4598
4599-4614
10.
11.
12.
13.
14.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY
ITEM NOT ON THE AGENDA (LIMIT TO 3 MINUTES PER SPEAKER)
PUBLIC HEARINGS
A. ACTION ON RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS FOR 2004 STREET RECONSTRUCTION
PROJECT
ACTION ON COMPUTER SYSTEM PURCHASE, BY FIRE CHIEF GREG
PEDERSON
REPORT BY LMCD REPRESENTATIVE ORV BURMA
LANGDON TRAILS, BY KMB DEVELOPMENT
A. ACTION ON EARLY START AGREEMENT AME~MENT FOR
LANGDON TRAIL
ACTION EXTENDING APPROVAL OF LANGDON TRAILS FINAL
PLAT
ACTION ON RESOLUTION APPROVING THE FINAL 2004 GENERAL
FUND BUDGET IN THE AMOUNT OF $4,066,510; SETTING THE LEVY
AT $3,321,960; AND APPROVING THE FINAL OVERALL BUDGET
FOR 2004
ACTION ON PLANNING COMMIS SION RECOMMENDATIONS
A. CASE #03-45:
TOM LATCHAM
4711 ISLAND VIEW DRIVE
VARIANCE: FRONT SETBACK
RECOMMENDATION: 5/2 DENY
B. CASE #03-51:
CITY OF MOUND
LOTS 27 & 28, KOEHLERS ADDITION
WAIVER OF PLATTING
RECOMMENDATION: APPROVAL
ENGINEER'S UPDATE ON AGREEMENT WITH MCES REGARDING
TEMPORARY LIFT STATION
4615-4616
4617-4625
4626-4632
4633-4647
4648-465O
4651-4676
4677-4688
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
15.
ACTION ON STORMWATE1VEROSION CONTROL/FLOODPLAIN
ALTARATION PERMIT FOR CSAH 15 ROAD REALIGNMENT PROJECT
4689-4699
16.
INFORMATION/MISCELLANEOUS
A. Report: Medica insurance fee "holiday" 4700-4705
B. Article: Law enforcement officials defend use of administrative fines... 4706
C. Notice: Water works operator exam results for Rick Todd 4707
D. Harbor Wine and Spirits 4708-4709
E. Newsletter: Gillespie Center 4710
F. Letter: Advisory Board on Homeless 4711-4712
G. Letter: Metropolitan Mosquito Control 4713-4715
H. Training Opportunity: Leadership Conference for Experienced Officials 4716-4719
I. Article: Avoiding Land-Use Disputes 4720-4721
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 Hall or at the City of Mound web site.
COUNCIL BRIEFING
December 9, 2003
Events Schedule: Don't Forget!!
Dec 9 - 7:00 - CC regular meeting
Dec 10 - 9:00 - Kandis' birthday root beer floats
Dec 11 - Wine Tasting benefit for Mound Fire Department at Minnetonka Mist
Dec 19 - 6:30 - City Manager's House Warming and Landmark Birthday Party
Jan 3 - Prime Rib Wine Tasting Dinner - Gillespie Center, with Harbor Wine and Spirits doing tasting
Jan 13 - 6:30 - HRA regular meeting
Jan 13 - 7:30 - CC Annual Meeting
Jan 17 - 10:00-2:00 - Open House and Dedication of the Public Safety Facility
Jan 26 - 6:30 - Commissioner's Recognition Event
Upcoming Absences
Dec 18-19 Kandis Hanson
Jan 30-31 Kandis Hanson
Jan 31-Feb 8 Kandis Hanson
Personal time off
City Manager's Conference
Vacation
Citw Hall Closed
Dec 24, after noon Christmas Eve
Dec 25-26 Christmas
Dec 31, after noon New Year's Eve
Jan 1-2 New Year's
The Format of the Meeting
There will be no HRA meeting, due to lack of an agenda.
City Council will start at 7:00 p.m. We will open the meeting, acknowledge Gino, swear in Corey, and then
recess for a cake and coffee reception, after which we will reconvene the meeting at 7:30 p.m.
#8. 2004 Street Reconstruction Pro,[ect
Over 600 notices were sent for this hearing. In spite of that, I believe it will go very smoothly. We are receiving
a number of calls and think we have resolved a number of the questions for people through our direct responses
to them. Carlton will tell you that the calls have been very optimistic and supportive of the project. Most
consider financing over 15 years to be very manageable. No one who has called has been irate.
There will be very effective handouts for our customers at the meeting that will help them determine the
estimated cost of their assessment. Also, MFRA will have an additional staff person on hand to meet one on
one in the conference room with those who need help determining the amount of their assessment. Mayor
Meisel will make that announcement to help this process along.
Remember that this is a "hearing" and you are encouraged to resist interacting too much. Your reactions to
their comments are well suited to the times allotted to the council discussion. Otherwise, the meeting will go
very long.
please bring along your feasibility reports from the earlier meeting. Please call me before the meeting if
you have any further questions. Thanks!
Government Finance Officers Association
203 North LaSalle Street, Suite 2700
Chicago, illinois 60601 - 1210
312.977.9700 fax: 312.977.4806
November 17, 2003
Ms. Kandis M. Hanson
City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1687
Dear Ms. Hanson:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended December 31, 2002 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
The Certificate of Achievement plaque will be shipped to:
Mr. Gino Businaro
Finance Director
under separate cover in about eight weeks. We hope that you will
arrange for a formal presentation of the Certificate and Award of
Financial Reporting Achievement, and that appropriate publicity
will be given to this notable achievement. To assist with this,
enclosed are a sample news release and the Certificate Program
"Results" for reports with fiscal years ended during 2001 repre-
senting the most recent statistics available.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Director/Technical Services Center
SJG/ds
www. zfoa. org
-4515-
Government Finance Officers Association
203 North LaSalle Street, Suite 2700
Chicago, Illinois 60601 - 1210
312.977.9700 fax: 312.977.4806
November 17, 2003
For information contact:
NEWS RELEASE Stephen Gauthier (312) 977-9700
(Chicago)--The Certificate of Achievement for Excellence in Finan-
cial Reporting has been awarded to: City of Mound, MN
by the Government Finance Officers Association of the United States
and Canada (GFOA) for its comprehensive annual financial report
(CAFR) . The Certificate of Achievement is the highest form of
recognition in the area of governmental accounting and financial
reporting, and its attainment represents a significant accomplish-
ment by a government and its management.
An Award of Financial Reporting Achievement has been awarded
to the individual(s), department or agency designated by the
government as primarily responsible for preparing the award-
winning CAFR. This has been presented to:
Gino Businaro, Finance Director
The CAFR has been judged by an impartial panel to meet the
high:~standards of the program including demonstrating a construc-
tive "spirit of full disclosure" to clearly communicate its
financial story and motivate potential users and user groups
to read the CAFR.
The GFOA is a nonprofit professional association serving
approximately 14,000 government finance professionals with offices
in Chicago, Illinois, and Washington, D.C.
-4518-'°r
~thority
ssion
ystem
~'ees
#Oak Park
#Oakland County
#Ottawa County
Plainfield Charter. Township
Port Huron
Port Huron Area School District
#Portage
#Kochester Hills
Saginaw
Saginaw Charter Township
Saginaw County
Saint Clair County Road Commission
Saint Clair Shores
Saint Johns
South Haven
Southfield
State of Michigan
#Sterling Heights
Tecumseh
Three Rivers
#Troy
Tuscola County
#Washtenaw County
Wayne
#Wayne County
Wayne-Westland Community School
District
Wyoming
Zeeland
MINNESOTA
Albert Lea
Anoka
#Anoka County
Austin
Blaine
#Bloomington (31 awards)
#Blue Earth County
Brainerd
Breckenridge
Brooklyn Center
#Brooklyn Park
#Bumsville
Carver County
Chanhassen
Chaska
Columbia Heights
#Coon Rapids
Cottage Grove
Crystal
#Dakota County
Deephaven
Detroit Lakes
Dilworth
#Duluth
Duluth Teachers' Retirement Fund
Association
Eagan
East Grand Forks
· #Eden Prairie
Elk River
Faim~ont
Falcon Heights
Faribault
Fergus Falls
Fridley
Golden Valley
Goodview
Grand Rapids
Grand Rapids Public Utilities
Commission
Hastings
#Hennepin County
Hopkins
Hugo
Hutchinson
Independent School District No. 624
Inver Grove Heights
Lakeville
Lino Lakes
Luveme
Mahtomedi
Mankato
Maple Grove
#Maplewood
Minneapolis
Minneapolis Community Devlopment
Agency
Minneapolis Employees' Retirement
Fund
Minneapolis Library Board
#Minneapolis-Saint Paul Metropolitan
Airports Commission
Minnesota Public Employees'
Retirement Association
Minnesota State Lottery
Minnesota State Retirement System
Minnesota Teachers' Retirement
Association
Minnetonka
Moorhead
Mora
Morris
,/Mound
New Brighton
New Hope
New Ulm
North Mankato
North Saint Paul
Oakdale
Olmsted County
Orono
Plymouth
Ramsey
#Ramsey County
Rice County
#Richfield
#Robbinsdale
Rochester
Rosemount
#Roseville
#Saint Cloud
#Saint Louis County
Saint Louis Park
Saint Paul
Saint Paul Housing and
Authority
Savage
Shakopee
Sherbume County
Shoreview
Shorewood
South Saint Paul
State of Minnesota
Stillwater
Suburban Hennepin Regional
District
Twin Cities Area Metropolit~
Wadena
Waseca
#Washington County
Wayzata
West Saint Paul
Western Lake Superior Sanit~
#White Bear Lake
#White Bear Township
Winona
Woodbury
#Worthington
MISSISSIPPI
Gulfport
#Jackson (20 awards)
McComb
Meridian
Mississippi Public Employees
Retirement System
Ridgeland
State of Mississippi
MISSOURI
Arnold
Belton
Bi-State Development Agenc)
Missouri - Illinois Metrop
District
#Blue Springs
#Boone County
Brentwood
Bridgeton
15 -4517-
MOUND CITY COUNCIL MINUTES
NOVEMBER 20, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in special
workshop session on Thursday, November 20, 2003, at 6:30 p.m. in the council
chambers of City Hall.
Members Present: Mayor Pat Meisel, Counciimembers Mark Hanus, David Osmek,
Bob Brown and Peter Meyer.
Others Present: City Manager Kandis Hanson, Community Development Director
Sarah Smith, Parks Superintendent Jim Fackler, Public Works Superintendent Greg
Skinner, Public Works Director Carlton Moore, Police Chief J.i:~Kurtz, Fire Chief Greg
Pederson, Finance Director Gino Businaro. ,.:?:~?~:'" -
1. OPEN MEETING
Mayor Meisel called the meeting to order at 6:30 p.::~i?
2. 2004 BUDGET DISCUSSION :~iiii:~i~i:~i!i:~!
City'-~ff~d~he proposed b~i~i~e~¢ii!~ulting in approximately
$38,000 reduction in expenditures. Cou8.~:il gave ~ii~qtion to the City Manager on their
desired target for 200412005 salary and"¢~:i~:~L: ncre'~s as well as the level of levy
increase and general fund balance, i~?~?~:: ::::~%:~:~?~?:?;~;~:
MOTION by Osmek, second:~?by H~:~us to'::'::~Bjourn at 7:25 p.m. All voted in favor.
Motion carried .... ~?
:~:::~?~:~}~ ~?~::~?:~:~:: "::~?~? Mayor Pat Meisel
Attest: City Manager Kandis Hanson
-4518-
MOUND CITY COUNCIL MINUTES
NOVEMBER 25, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, November 25, 2003, at 7:30 p.m. in the council chambers of city
hall.
Members Present: Acting Mayor Mark Hanus; Councilmembers Bob Brown and Peter
Meyer.
Members Absent: Mayor Pat Meisel and Councilmember David Osmek.
Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk
Bonnie Ritter, Community Development Director Sarah Smi~!?City Engineer John
Cameron, Public Works Director Carlton Moore, Kary DaviS?~ason Delaria, Don Tours,
Amy Lyon, Greg Pederson, Chris Beniek.
Consent Agenda: All items listed under the Cons~;~genda a~:;~nsidered to be
routine in nature by the Council and wi//be enacted' by a?::~;oll call W~; There wi//be no
separate discussion on these items un/ess a CO~ci!~ber or citizen so requests, in
which event the item will be removed from the c~e~ Agenda and considered in
normal sequence. ....
1. OPEN MEETING
Acting Mayor Hanus called the ~ing to:~:~f at 7:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. APPROVE AGENDA: .....
MOTION by Meye[~i~Sffag~ b~;B~gwn to approve the agenda. All voted in favor.
Motion carried. .... ~?~;~::~i?:iii::~::
4. CONSENT AGEndA
Brown requested the ~o~! :of item 4D for discussion.
MOTION by Brown, seconded by Meyer to approve the consent agenda. Upon roll call
vote taken, all voted in favor. Motion carried.
A. Approve minutes of the November 10, 2003 regular meeting.
B. Approve payment of claims in the amount of $849,040.22.
C. RESOLUTION NO. 03-100: RESOLUTION TO APPROVE REQUEST FROM
KARY DAVIS AND JASON DELARIA FOR WAIVER OF PLATTING
APPROVAL PURSUANT TO CITY CODE SECTION 330.12 TO COMBINE AND
SUBDIVIDE LOTS 4,5,6 AND 7, BLOCK 5, DEVON, HENNEPIN COUNTY,
P&Z CASE #03-34, PID #30-117-23-22-0033 AND #30-117-23-22-0034.
D. (removed)
1
-4519-
Mound City Council Minutes - November 25, 2003
E. RESOLUTION NO. 03-101: RESOLUTION TO APPROVE A WETLAND
CONSERVATION ACT WETLANDS REPLACEMENT PLAN APPLICATION IN
CONJUNCTION WITH THE CSAH 151110 REALIGNMENT PROJECT
F. TAX FORFEIT PROPERTY
a. RESOLUTION NO. 03-102: RESOLUTION TO APPROVE THE
RELEASE OF TAX FORFEITED PROPERTY #19-117-23-33-0234 TO
ABUTTING PROPERTY OWNERS ONLY. APPLICANT: HENNEPIN
COUNTY TAXPAYER SERVICES DEPARTMENT.
b. RESOLUTION NO. 03-103: RESOLUTION TO APPROVE THE
RETENTION OF TAX FORFEITED PROPER~?~?:~19-117-23-22-0024
FOR WETLAND PURPOSES. APPLICANT~:?~i~'~NNEPIN COUNTY
TAXPAYER SERVICES DEPARTM E NT.~=~:?~!;iiiii!i~i?¢i',:,~,
4D. APPROVE POSAC RECOMMENDATION NA~:~i~ihG ALWii~iiiii~ARK'~:'::~::~:~:~:~:' IN LANGDON
B AY .... :??? ..::,~ ?:ii~::~ii!i?:
Brown stated he suggested naming the park id~::?~i~sgd,9¢!?~ii~ay, Alwin Park because Rex
Alwin was such a hug contributor to this develop~(;.;.~.~nd the park. Meyer stated that
he aisc se~ed on the Planning CommisSion,. ~:~:;~?~:~;~::~
by Brown, seconded by Meyer'(~?P~::Ba~"~'ng the park in Langdon Bay,
MOTION
Alwin Park. All voted in favor. Metie:n car¢:i~d:? ....... ~ ....
co.. .TS su eE. P.s O. .CT
ON THE AGENDA -
A. Adult Establi:;~ents
Sarah Smith prese~::.her s~ report with reference to the generation of the Adult
Establishment Ordina:~se,...,,~Bi~Wn stated that the city is not saying they want adult
establishments in town, "~(:::'~they are twing to restrict where they can be located. Hanus
also commented, saying that the ci~ is not allowed to ban these businesses, but the
proposed ordinance controls their placement.
Acting Mayor Hanus opened the public hearing at 7:45 p.m. and asked for public
comment. Upon receiving none, he closed the public hearing at 7:46 p.m.
MOTION by Brown, seconded by Meyer to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 11-2003: AN ORDINANCE TO AMEND SECTION 350 OF THE
CITY CODE PROVIDING FOR THE REGULATION OF ADULT ESTABLISHMENTS IN
THE CITY OF MOUND.
2
-4520-
Mound City Council Minutes - November 25, 2003
MOTION by Brown, seconded by Meyer to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 12-2003: AN ORDINANCE AMENDING SECTION 350 OF THE
MOUND CITY' CODE AS IT RELATES TO THE ZONING ORINANCE.
7. LAND USE FEES
Sarah Smith explained that this proposed ordinance is to comply with state statutes,
which state that a city's land use fees must be in ordinance form.
MOTION by Brown, seconded by Meyer to pass the following ordinance. All voted in
favor. Motion carried
ORDINANCE NO, 13-2003: AN ORDINANCE ADDING SECTION 380 TO THE
MOUND CITY CODE AS IT RELATES TO ESTABLISHING EANB USE FEES FOR
THE CITY OF MOUND ..... ~?~::;
8. PUBLIC SAFETY FACILITY
A. Floorin.q Contract
Don Geiger of Amcon reviewed the floo(igg contra~(::ead recommended approval.
MOTION by Brown, seconded by Meyer for the public safety
facility bay flooring to TMI Coatigg~i;~[n the ~'~t ~9,500. All voted in favor. Motion
carried.
B. Furnishinqs, Fixtures a~:~ EquiP~:'~:iiiiEF~i:Report
Fire Chief Greg Pederson oUtii~ed~the infC:~ation presented to the Council on the new
proposed phone sys~ fo(:,~:o~!y the Public Safety Facility, but also City Hall. There
is $17,200 in the+,b~aget foi;~(be P~iic Safety Facility, and the total estimate for the
system is $24,68~ii~8. The aii::~Catio'n would be $16,540 for Pub c Safety and $8,147 for
City Hall. The pro~gd syste~ would result in savings of about $1,000/month for city
hall and thus would P~Yii!for::i¢~lf in 8 months.
MOTION by Brown, seconded by Meyer to approve purchase of the Nortel Modular ICS
Digital Phone System, in the amount of $24,686.88, to be allocated as mentioned
above. All voted in favor. Motion carried.
9. PLANNING COMIMSSION RECOMMENDATION
Case #03-50 - Variance request by Brian and Chris Beniek- 6017 Ridqewood Rd.
Sarah Smith reviewed the case, informing the Council that the Planning Commission
had a split vote, 4 to 4, regarding approval of the variance request to add a 28' x 46'
second story addition to their home at 6017 Ridgewood Road. Because the northwest
corner of the existing house is about 19 feet from the front property line and the setback
requirement is 30 feet, a portion of the proposed second floor addition will be
nonconforming, therefore a variance is required. John Dean aided in wording a
resolution that included staff recommendations, and a stipulation that there be no net
increase in hardcover.
3
-4521 -
Mound City Council Minutes - November 25, 2003
MOTION. by Brown, seconded by Meyer to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 03-104: RESOLUTION APPROVING FRONT SETBACK
VARIANCE APPLICATION FROM BRIAN AND CHRIS BENIEK TO ALLOW
CONSTRUCTION OF A SECOND STORY ADDITION AT 6017 RIDGEWOOD ROAD,
PIT #23-117-24-43-0031, PLANNING CASE #03-50,
'!0. EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL ESTATE
FOR REALIGNMENT OF CSAH 15
John Cameron explained that recent negotiations with Xcel Energy were promising in
resolving the real estate issue, but it was recommended by I~:gal counsel to proceed
with the eminent domain process. :~ ?.:.~?::~
MOTION by Meyer, seconded by Brown to adopt the feii~wi:~:~iimsolution. Upon roll call
RESOLUTION NO. 03-105: RESOLUTION A~ORI~ihG EMIN~NT DOMAIN
PROCEEDINGS TO ACQUIRE CERTAIN REA~i?~s~TE FOR REALIGNMENT OF
COUNTY ROAD 15 AND OTHER PUB~!~?URPOSES,
John Cameron presented the feasibility re':~:~[~'th~0uncil and Jim Prosser discussed
the debt se~ice schedule for.t~:~::~:osed~:'~:~=~ject. It was noted that there will be a
chance to cut paKs of the p~j~ct n t~:::=~utu~if the Counc I so chooses
RESOLUTION ~:.03-~08: '"~::~SO~UTION RECEIVING REPORT ~"g
12. I N FO RMATIoN/M~i~=LAN EOUS
A. Correspondence: LMCD
B. Newsle~er: Hennepin Coun~
C. Minutes: POSAC - Nov 13, 2003
D. Correspondence: Westonka Healthy Community Collaborative
E. AKicle: Gov't reform can save only so much money
F. FYI: Code Enforcement Team
G. Update: Skate park
H. Le~er: Met Council
I. Leffer: WeCAN
J. Calendar: LMCC
K. RepoK: Finance Dept- Oct 2003
L. Minutes: Docks Commission - Nov 18, 2003
M. Repo~: Police Dept - Sept 2003
N. Repo~: Harbor Wine and Spirits
4
-4522-
Mound City Council Minutes - November 25, 2003
13. ADJOURN
MOTION by Brown, seconded by Hanus to adjourn at 9:25 p.m.
Motion carried.
All voted in favor.
Attest: Bonnie Ritter, City Clerk
Acting Mayor:Mark Hanus
5
-4523-
MOUND CITY COUNCIL MINUTES
DECEMBER 1,2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in special
session on Monday, December 1,2003, at 6:55 p.m. in the council chambers of city
hall.
Members Present: Mayor Pat Meisei; Councilmembers Bob Brown, Mark Hanus, David
Osmek and Peter Meyer.
Others Present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Finance
Director Gino Businaro.
Mayor Meisel called the meeting to order at 6:55 p.m ..... ~:~::iiiiiiiiiiiiiiiil .....
2. ACTION ON SUMMARY PUBLICATION OF ADViLT ESTABLISHMENT
Two members of the Council were absent at th~ii~iii~°vem~er 25th m~ting where the
adult establ shment ordinance was passed. Tl~'¥~?~i=i~ii~i~:~ili!i!~gthy ordinance and to approve
publication by summary a 4/5 vote is required.
MOTION by Brown, seconded by osme~i
resolution. All voted in
RESOLUTION NO. 03-109: SUMMARY PUBLICATION
OF ORDINANCE NO. 11-2~03 ......... ?
MO~sm~i~?~'~:~ b:~iii~:nus to adjourn at 6:58 p.m. All voted in favor.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
-4524-
MOUND CITY COUNCIL MINUTES
DECEMBER 1, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in special
session on Monday, December 1,2003, at 7:00 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, Finance
Director Gino Businaro, Paul Anderson and Beatrice Amidon.
1. OPEN MEETING
Mayor. Meisel called the meeting to order at 7:00 p.m.
2. TRUTH IN TAXATION PRESENTATION AND ~UBLIC H~RING
Finance Director Gino Businaro presented the p[~6'Sed 2004 bLid:~;gt summary, a
summary of revenues and expenditures and the:~x leyylmcap. He~':also gave examples
of notices that Mound residents received from {~ CgaihtY, showing their market value
increase and percent of increase in specific tax c~{~:~ries.
M yor Meise o ened the ub io
Beatrice Amidon, 1909 Lakesi~e~i~i~, inf~;i~:~:d.......... the Council that she was upset over
the lighting fee added to he[ ~ter b:iii~,a:nd a§:;Eed questions regarding outside meters.
She also questioned the fra:~Chise f~::~!~:iii~d ~at services she is receiving for her tax
dollars. She asked CounCii~'::~[O cD~Sider::~:~br ways to cut expenditures out of the
budget. Osmek sugge~ted,i;::~h~i~i~9 call the City Manager to set up a tour and get more
detailed explanatig~' of wh'~ semi,es she is receiving.
So thvi st t a that his stim t. shows 22%
increase in city taxe~ii~bich .is:i~ontradictory to what Businaro presented, showing
18.05% increase. Kar{:~i~:~i::::~:~i3son reminded him that the tax statement he received is
based on the preliminary':Sudget, but the budget is now less so his final numbers should
be smaller.
Anderson also had concern over the large fund balance that the Council is targeting,
and was informed that the City receives payments from the County only twice a year,
but has monthly bills to pay. The balance is to assure that the City won't run out of
money between payments from the County.
Discussion continued regarding the cut in government aid that Mound received, and the
history of minimal tax increase in Mound that has now resulted in the need for capital
improvements and infrastructure repairs and updates.
1
-4525-
Mound Cit~ Council Minutes - December 1, 2003
Upon no further comments being offered from the public, Mayor Meisel closed the
hearing at 8:35 p.m.
MOTION by Osmek, seconded by Brown to cancel the continuation hearing set for
December 8, 2003, as it is deemed unnecessary. All voted in favor. Motion carried.
3. ADJOURN
MOTION by Hanus, seconded by Osmek to adjourn at 8:36 p.m. All voted in favor.
Motion carried.
~,~iiiiiiiiiiiiiiii?'Mayor P'~iiiiMeisel
2
-4526-
DECEMBER 09, 2003 CITY COUNCIL MEETING
112103SUE $3,139.26 NOV
120303SUE $6,783.38 DEC
120903SUE $223,981.28DEC
TOTAL
$233,903.92
-4527-
CITY OF MOUND
Batch Name 112103SUE
Payments
Refer 112103 HAWKS, SHIRLEY
Cash Payment
Invoice 112103
Transaction Date
City of Mound
Payments
11/24/03 11:31 AM
Page I
Current Period: November 2003
User Dollar Amt $3,139.26
Computer Dollar Amt $3,139.26
$0.00 In Balance
G 101-21715 Flex Plan Medical
11/24/2003
2003 REIMBUSE MEDICAL EXPENSE
$800.00
Wells Fargo 10100 Total $800.00
Refer 112103 LUEDKE, JUL/EM.
Cash Payment G 101-21715 Flex Plan Medical 2003 MEDICAL REIMBUSE $492.33
Invoice 112103
Transaction Date 11/24/2003 Wells Fargo 10100 Total $492.33
Refer 112103 MINNCOMMPAGING
Cash Payment E 222-42260-325 Pagers-Fire Dept. 11-03 PAGERS $109.68
Invoice 20233311032 11/1/2003
Transaction Date 11/19/2003 Wells Fargo 10100 Total $109.68
Refer 111903 MINNESOTA FIRE CERTIF BOARD
Cash Payment E 222-42260-434 Conference & Training 12-06-03 BOSTROM TEST $50.00
Invoice 111903 11/18/2003
Transaction Date 11/19/2003 Wells Fargo 10100 Total $50.00
Refer 112103 MOUND POST OFFICE
Cash Payment E 101-41110~322 Postage POSTAGE NEWSLETTER
Invoice 112103
Transaction Date 11/24/2003 Wells Fargo 10100
Refer 112103 PALM, MICHAEL
Cash Payment E 222-42260-434 Conference & Training
invoice 112103
Transaction Date
11/19/2003
Refer 112103 SWARTZER, BRIAN
Cash Payment G 101-21715 Flex Plan Medical
Invoice 112503
Transaction Date 11/20/2003
$793.86
Total $793.86
REIMBURSE 10-16-03 MN FIRE CHIEFS $693.39
CONFERENCE DULUTH
Wells Fargo 10100
REIMBURSE MEDICAL EXPENSE
Wells Fargo 10100
Total $693.39
$200.00
Total $200,00
-4528-
CiTY OF MOUND
Fund Summary
101 GENERAL FUND
222 AREA FIRE SERVICES
City of Mound ~1/24/o31~:3~ AM
Page 2
Payments
Current Period: November 2003
10100 Wells Fargo
$2,286.19
$853.07
$3,139.26
Pre-Written Check
Checks to be Generated by the Compute
Total
$0.00
$3,139.26
$3,139.26
-4529-
CITY OF MOUND
Batch Name
City of Mound 12/05/03 11:34 AM
Page 1
Payments
Current Period: December 2003
120303SUE
Payment Computer Dollar Amt $6,783.38 Posted
Refer 120303 MOORE, CARLTON Ck# 013127 12/3/2003
Cash Payment G 101-21715 Flex Plan Medical 2003 MEDICAL REIMBURSEMENT $76.13
Invoice 120303
Transaction Date 12/2/2003 Due 0 Wells Fargo 10100 Total $76.13
Refer 120303 CHADWICK AND MERTZ Ck#01312512/3/2003
Cash Payment E 101-41600-304 Legal Fees 10-03 PROSECUTION SERVICES $6,159.60
Invoice 120303
Transaction Date 12/2/2003 Due 0 Wells Fargo 10100 Total $6,159.60
Refer 120303 GRAND, DEB
Ck# 013126 12/3/2003
Cash Payment E 609-49750-200 Office Supplies REIMBURSE INK JET CARTRIDGE $92.65
Invoice 120303 PO 17710
Cash Payment G 101-21715 Flex Plan Medical 2003 MEDICAL REIMBURSEMENT $455.00
Invoice 120303
Transaction Date 12/2/2003 Due 0 Wells Fargo 10100 Total $547.65
Fund Summary BATCH Total $6,783.38
10100 Wells Fargo
101 GENERAL FUND $6,690.73
609 MUNICIPAL LIQUOR FUND $92.65
$6,783.38
Pre-Written Check
Checks to be Generated by the Compute
Total
$6,783.38
$o.oo
$6,783.38
-4530-
CITY OF MOUND
Batch Name
City of Mound 12/05/03 11:31 AM
Page 1
Payments
Refer 120903
Cash Payment
Invoice 2727
Cash Payment
Invoice 2722
Cash Payment
Invoice 9539
Cash Payment
Invoice 9489
Transaction Date
Current Period: December 2003
120903SUE User Dollar Amt $223,981.28
Payments Computer Dollar Amt $223,981.28
$o.o0
ACTION RADIO AND COMMUNICA
E 222-42260-418 Other Rentals RADIO 800 MHZ
10/29/2003 PO I7968
E 101-42110-500 Capital Outlay (GENERA UNIT #847 RADIO
10/24/2003
E 101-42110-500 Capital Outlay (GENERA LENS
11/10/2003 PO 17867
E 222-42260-418 Other Rentals 6 UNIT CHARGER
10/20/2003 PO 17967
12/2/2003 Wells Fargo
In Balance
$3,173.00
$2,467.30
$26.63
$1,329.12
10100 Total $6,996.05
Refer 120903 ARCTIC GLACIER PREMIUM ICE
Cash Payment E 609-49750-255 Misc Merchandise For R ICE
Invoice 395332803 11/24/2003
Cash Payment E 609.49750-255 Misc Merchandise For R ICE
Invoice 463332312 11/19/2003
Transaction Date 12/4/2003 Wells Fargo
$30.60
$42.84
10100 Total $73.44
~efer 120903 ASPEN EMBROIDERY AND DESIG
~
E 101-43100-218 Clothing and Uniforms EMBROIDER JACKETS $58.00
Invoice 120303 11/26/2003
Cash Payment E 601-49400-218 Clothing and Uniforms EMBROIDER JACKETS $58.00
invoice 120303 11/26/2003
Cash Payment E 602.49450-218 Clothing and Uniforms EMBROIDER JACKETS $57.99
Invoice 120303 11/26/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $173.99
Refer 120903 BAIRD, W.F. AND ASSOCIATES
Cash Payment E 401-46540-300 Professional Srvs 10-31-03 LOST LAKE CONSTRUCTION $1,701.28
Invoice 15496 10/31/2003
Transaction Date 11/24/2003 Wells Fargo 10100 Total $1,701.28
Refer 120903 BELLBOY CORPORATION
Cash Payment E 609.49750-255 Misc Merchandise For R MISCELLANEOUS
Invoice 37796900 11/21/2003
Cash Payment E 609.49750-251 Liquor For Resale
invoice 28021100 12/112003
Cash Payment E 609-49750-251 Liquor For Resale
Invoice 28001700 11/25/2003
Cash Payment E 609-49750-251 Liquor For Resale
Invoice 27985100 11/24/2003
Cash Payment E 609-49750-253 Wine For Resale
Invoice 27968500 11/21/2003
Transaction Date 12/4/2003
LIQUOR
LIQUOR
CREDIT-LIQUOR
WINE
Wells Fargo
$118.07
$658,80
$74.95
-$293.90
$2,254.70
10100 Total $2,812.62
120903 BFI OF MINNESOTA, INC,
Payment E 101-43100-384 Refuse/Garbage Dispos
Invoice 120903
11-03 GARGAGE SERVICE
$0.00
-4531 -
CiTY OF MOUND
City of Mound
Payments
12/05/03 11:31 AM
Page 2
Current Period: December 2003
Cash Payment E 601-49400-384 Refuse/Garbage Dispos 11-03 GARGAGE SERVICE $0.00
Invoice 120903
Cash Payment E 602-49450-384 Refuse/Garbage Dispos 11-03 GARGAGE SERVICE $0.00
Invoice 120903
Cash Payment E 101-45200-384 Refuse/Garbage Dispos 10-03 GARBAGE SERVICE $71,91
Invoice 120903
Cash Payment E 222-42260-384 Refuse/Garbage Dispos 10-03 GARBAGE SERVICE $69.68
Invoice 120903
Cash Payment E 609-49750-384 Refuse/Garbage Dispos 10-03 GARBAGE SERVICE $10.47
Invoice 120903
Cash Payment E 101-43100-384 Refuse/Garbage Dispos 10-03 GARBAGE SERVICE $32.93
Invoice 120903
Cash Payment E 601-49400-384 Refuse/Garbage Dispos 10-03 GARBAGE SERVICE $32.93
Invoice 120903
Cash Payment E 602-49450-384 Refuse/Garbage Dispos 10-03 GARBAGE SERVICE $32.92
Invoice 120903
Cash Payment E 101-43100-384 Refuse/Garbage Dispos 10-03 ONE CAN MAIN STREET $21.20
Invoice 120903
Transaction Date 12/1/2003 Wells Fargo 10100 Total $272.04
Refer 120903 BIFFS, INC PORTABLE RESTRO0
Cash Payment E 101-45200-410 Rentals (GENERAL) 11-03 CITY HALL $72.77
Invoice W209303 11126/2003
Transaction Date 12/3/2003 Wells Fargo 10100 Total $72.77
Cash Payment E 670-49500-460 Janitorial Services CLEANUP DAY RECLCYLING $475.00
Invoice 120903 11/19/2003
Cash Payment E 670-49500-460 Janitorial Services ROLL-OFF CLEAN UP DAY $475.00
Invoice 10151738 12/1/2003
Transaction Date 11/24/2003 Wells Fargo 10100 Total $950.00
Refer 120903 BMS INTEGRATED OFFICE TECHN
Cash Payment E 101-42400-400 Repairs & Maint Contract 2004 TYPEWRITER MAINTENANCE $99.00
Invoice 131114
Transaction Date 12/2/2003 Wells Fargo 10100 Total $99.00
Refer 120903 BORDER STATES ELECTRIC SUP
Cash Payment E 101-41910-220 Repair/Maint Supply LIGHTBULBS $66,56
invoice 93370150 11/20/2003 PO 17998
Transaction Date 12/3/2003 Wells Fargo 10100 Total $66.56
Refer 120903 BRW ENTERPRISES
Cash Payment E 609-49750-253 Wine For Resale WINE $276.00
Invoice 9834 11/21/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $276.00
Refer 120903 CARQUEST OF NAVARRE
Cash Payment E 101-43100-221 Equipment Parts BELT $7.51
Invoice N22330 11/20/2003
Cash Payment E 101-43100-221 Equipment Parts SWITCH $27.55
Invoice N21825 11/12/2003
-4532-
CiTY OF MOUND
City of Mound
Payments
12/05/03 11:31 ,AM
Page 3
Current Period: December 2003
Cash Payment E 601-49400-221 Equipment Parts AUTO CHARGER $31.90
invoice N22354 11/21/2003
Transaction Date 12/3/2003 Wells Fargo 10100 Total $66.96
Refer 120903 CHAMPION AUTO
Cash Payment E 101-45200-400 Repairs & Maint Contract BEARING KIT $17.08
invoice D233398 11/26/2003
Cash Payment E 101-45200-409 Other Equipment Repair CRC BRAKLEEN $6.37
invoice D233399 11/26/2003
Cash Payment E 101-45200~409 Other Equipment Repair CREDIT--RETURN -$5.33
Invoice D230156 11/8/2003
Transaction Date 12/1/2003 Wells Fargo 10100 Total $18.12
Refer 120903 COCA COLA BOTTLING-MIDWEST
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $500.00
Invoice 61361062 11/20/2003
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $201.00
Invoice 61351097 11/6/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $701.00
Refer 120903 CONCRETE CUTTING AND CORIN
Cash Payment E 101-45200-210 Operating Supplies TRIMMER,ECT $t,126.30
nvoice 22503 11/29/2003 PO 18005
Date 12/3/2003 Wells Fargo 10100 Total $1,126.30
Refer 120903 COPY IMAGES, INCORPORATED
Cash Payment E 101-41910-400 Repairs & Maint Contract STAPLES $93.63
Invoice 41550 11/24/2003
Transaction Date 12/3/2003 Wells Fargo 10100 Total $93.63
Refer 120903 DAY DISTRIBUTING COMPANY
Cash Payment E 609-49750-252 Beer For Resale
Invoice 240370-B
Cash Payment E 609-49750-252 Beer For Resale
Invoice 240866-B
Cash Payment
Invoice 244118
Cash Payment
Invoice 243536
Cash Payment
Invoice 243537
Transaction Date
E 609-49750-252 Beer For Resale
12/2/2003
E 609-49750-252 Beer For Resale
11/25/2003
E 609-49750-252 Beer For Resale
11/25/2003
12/4/2003
BEER $O.02
CREDIT-BEER -$1.00
BEER $850.05
BEER $1,786.25
BEER $71.40
Wells Fargo 10100 Total $2,706.72
Refer 120903 DYNAMEX DELIVERSNOW
Cash Payment G 601-16300 Improvements Other Than BI WELL IMPROVEMENT PROJECT $50.45
Invoice 959511
Transaction Date 12/3/2003 Wells Fargo 10100 Total $50.45
Refer 120903 EAST SIDE BEVERAGE
Cash Payment E 609-49750-252 Beer For Resale BEER $4,474~30
220764 12/1/2003
Payment E 609-49750-252 Beer For Resale BEER $118.50
Invoice 41638 11126/2003
-4533-
CITY OF MOUND
Cash Payment
invoice 220690
Transaction Date
City of Mound
Payments
12/05/03 11:31 AM
Page 4
Current Period: December 2003
E 609-49750-252 Beer For ResaLe BEER $3,241.95
12/4/2003 Wells Fargo 10100 Total $7,834.75
Refer 120903 EHLERS AND ASSOCIATES, INC.
Cash Payment G 101-22908 Mound Harbor Renaissan~:e 10-03 HARBOR RENAISSANCE $3,000.00
Invoice 21568
Cash Payment E 455-46380-300 Professional Srvs 10-03 LONGPRE DEMO $1,320.75
Invoice 21568
Transaction Date 12/2/2003 Wells Fargo 10100 Total $4,320.75
Refer 120903 EMERGENCYAPPARATUSMAINT
Cash Payment E 222.42260-300 Professional Srvs LADDER 11 PUMP TEST $430.40
Invoice 16192 9/29/2003
Cash Payment E 222-42260-300 Professional Srvs ENGINE 18 PUMP TEST $397.70
invoice 16450 10/22/2003
Cash Payment E 222-42260-300 Professional Srvs ENGINE 18 PUMP TEST $444,80
Invoice 16190 9/29/2003
Cash Payment E 222-42260-300 Professional Srvs ENGINE 24 PUMP TEST $438.52
Invoice 16191 9/29/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $1,711.42
Refer 120903 EMMONS AND OLIVIER RESOURC '-.
Cash Payment G 601-16100 Fixed Asset-Land
THRU 10-03 WELL iN'~ iALLA;TION AND SO.bO
TESTING :"~"~:~':'~"' "'~ ';':' ',:!:~ :i :%: ~: ~"
Invoice 126-01-0310 11/13/2003 '' ~:= '':~''' ' ' ' ';~'~".'"
Transaction Date 11/25/2003 Wells Fargo 10100 Total $0.00
Refer 120903 EQUIPMENT SUPPL Y, INCORPOR
Cash Payment E 101-41910-401 Repairs/Maint Buildings . 11-14-03 SERVICE CALL
Invoice 1395 11/21/2003
Transaction Date 11/25/2003 Wells Fargo 10100
Refer 120903 EXTREME BEVERAGE
$247.50
Total $247.50
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $64.00
invoice 164158 11/26/2003
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $32,00
invoice 162408 11/14/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $96,00
Refer 120903 FLAHERTY'S HAPPY TYME COMP
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $222.00
Invoice 16809 11/6/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $222.00
Refer 120903 FRONTIER/CITIZENS COMMUNICA
Cash Payment E 101-41910-321 Telephone & Cells 12-03 472-0600 $1,134,02
Invoice 120903
Cash Payment E 101-43100-321 Telephone & Cells 11-03 472-0635 $352.45
Invoice 120903
Cash Payment E 601-49400-321 Telephone & Cells 11-03 472-0635 $352.45
Invoice 120903
Cash Payment E 602-49450-321 Telephone & Cells 11-03 472-0635 $352,46
Invoice 120903
-4534-
City of Mound 2/o5/o3 AM
Page 5
CITY OF MOUND
Cash Payment
Invoice 120903
Transaction Date
Current Period: December 2003
E 101-42110-321 Te{ephone & Cells 11-03 472-0621 $927.96
12/3/2003 Wells Fargo 10100 Total $3,119.34
Refer 120903 G & K SERVICES
Cash Payment 11-25-03 UNIFORMS $128.22
Invoice 759141
Cash Payment 11-25-03 UNIFORMS $128.22
Invoice 759141
Cash Payment 11-25-03 UNIFORMS $128,21
invoice 759141
Cash Payment 11-25-03 MATS $25.56
invoice 759141
Cash Payment 11-25-03 MATS $25,56
Invoice 759141
Cash Payment 11-25-03 MATS $25.56
Invoice 759141
Cash Payment 11-25-03 MATS $54.42
Invoice 759142
Cash Payment E 101-45200-223 Building Repair Supplies 11-25-03 MATS $50,71
Invoice 759143
Payment 11-25-03 MATS , $76.30
759144
Cash Payment 11-25-03 MATS $65.82
Invoice 759140
Cash Payment 11-18-03 UNIFORMS $28.35
Invoice 752539
Cash Payment 11-18-03 UNIFORMS $28.35
Invoice 752539
Cash Payment 11-18-03 UNIFORMS $28.34
Invoice 752539
Cash Payment 11-18-03 MATS $25.13
Invoice 752539
Cash Payment 11-18-03 MATS $25.13
Invoice 752539
Cash Payment 11-18-03 MATS $25.13
invoice 752539
Transaction Date 12/4/2003 Wells Fargo 10100 Total $869.01
Refer 120903 GALLS, INCORPORATED
Cash Payment E 101-42110-219 Safety supplies CPR MASKS $85.08
Invoice 5674733200015 11/5/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $85.08
Refer 120903 GENERAL SPRINKLER CORPORAT
Cash Payment E 101-41910-440 Other Contractual Servic ANNUAL SERVICE CALL $190.00
Invoice 4078 11/26/2003
i~l~ansaction Date 12/1/2003 Wells Fargo 10100 Total $190.00
Cash Payment E 101-43100-221 Equipment Parts 11-03 WATER SERVICE $7.41
Invoice 120903
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 Matedats
E 222-42260-216 Cleaning Supplies
E 101-41910-460 Janitorial Services
E 609-49750-460 Janitorial Services
E 101-41310-218 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
-4535-
CiTY OF MOUND
City of Mound
Payments
12/05/03 11:31 ,AM
Page 6
Current Period: December 2003
Cash Payment E 601-49400-221 Equipment Parts 11-03 WATER SERVICE $7.41
Invoice 120903
Cash Payment E 602-49450-221 Equipment Pads 11-03 WATER SERVICE $7.40
Invoice 120903
Cash Payment E 222-42260-210 Operating Supplies 11-03 #5858500 $67.52
Invoice 120903
Transaction Date 12/1/2003 Wells Fargo 10100 Total $89.74
Refer 120930 GMECONSULTANTS
Cash Payment E 455-46380-300 Professional Srvs 10-15-03 THRU 11-15-03 LOST LAKE $4,174.50
DREDGING
Invoice 18285
Transaction Date 12/2/2003 Wells Fargo 10100 Total $4,174.50
Refer 120903 GRAPE BEGINNINGS, INCORPOR
Cash Payment E 609-49750-253 Wine For Resale WINE $717.00
Invoice 59313 11/5/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $717.00
Refer 120903 GRIGGS COOPER AND COMPANY
Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$44.48
Invoice 626673 11/25/2003
Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$80.60
Invoice 626075 11/13/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $106.92
Invoice 810384 11/26/2003
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,143.92
Invoice 810383 11126/2003
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $166.45
Invoice 808957 11/25/1930
Cash Payment E 609-49750-253 Wine For Resale WINE $0.00
Invoice 808837 11/25/2003
Cash Payment E 609.49750-253 Wine For Resale WINE $96.17
Invoice 809266 11/25/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $691.60
Invoice 806446 11/20/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $343.80
Invoice 806267 11/20/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $240.00
Invoice 806056 11/20/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $3,332.65
Invoice 805370 11/19/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $29.90
Invoice 805369 11/19/2003
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $7,538.20
Invoice 805368 11/19/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $247.18
Invoice 798160 11/5/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $984.2t
Invoice 797875 11/5/2003
Cash Payment E 609-49750-253 Wine For Resale WINE ' $158.50
Invoice 796766 10/31/2003
-4536-
C~TY OF MOUND
Transaction Date 12/4/2003
City of Mound
Payments
12105103 11:31 AM
Page 7
Current Period: December 2003
Wells Fargo 10100 Total $14,954.42
Refer 120903 HATCH, JIM SALES COMPAY
Cash Payment E 101-43100-221 Equipment Parts POWER SUPPLY $99.44
Invoice 5319 11/18/2003
Cash Payment E 601-49400-221 Equipment Parts POWER SUPPLY $99.44
invoice 5319 11/18/2003
Cash Payment E 602-49450-221 Equipment Parts POWER SUPPLY $99.45
Invoice 5319 11/18/2003
Cash Payment E 101-43100-221 Equipment Parts POWER SUPPLY $298.33
Invoice 5321 11/20/2003
Transaction Date 11/25/2003 Wells Fargo 10100 Total $596.66
Refer 120903 HECKSEL MACHINE SHOP
Cash Payment E 101-45200-409 Other Equipment Repair TUBE $274.88
Invoice 46946 10/24/2003
Cash Payment E 101-43100-221 Equipment Parts FLANGE BLOCK BEARINGS $137.39
Invoice 46949 10/31/2003
Cash Payment E 101-43100-221 Equipment Parts FITTINGS AND HOSE $316.08
Invoice 46926 10/28/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $728.35
120903 IKON OFFICE MACHINES
Payment E 101-42110-202 Duplicating and copying 11-24-03 THRU 12-24-03 MAINTENANCE $137.69
Invoice 23022762 11124/2003
Transaction Date 12/1/2003 Wells Fargo 10100 Total $137.69
Refer 120903 INTERSTATE BATTERY SYSTEM 0
Cash Payment E 101-43100-221 Equipment Parts BATTERIES $19.17
Invoice 133845-B 11/4/2003
Transaction Date 12/3/2003 Wells Fargo 10100 Total $19.17
Refer 120903 ISLAND PARK SKELLY
Cash Payment E 101-42110-404 Repairs/Maint Machinery BATTERY $110.97
Invoice 14804 11/4/2003
Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL CHANGE $25.86
Invoice 14893 11/1312003
Cash Payment E 101-42110-404 Repairs/Maint Machinery TIRES $55.00
Invoice 14897 11/14/2003
Cash Payment E 101-42110-404 Repairs/Maint Machinery OIL CHANGE $25.86
Invoice 14936 11/20/2003
Cash Payment E 101-42110-404 Repairs/Maint Machinery MOUNT/BALANCE TIRES $29.00
Invoice 14977 11/2512003
Transaction Date 12/3/2003 Wells Fargo 10100 Total $246.69
Refer 120903 J.R.'S APPLIANCE DISPOSAL, INC
Cash Payment E 670-49500-460 Janitorial Services RECYCLE AIR CONDITIONS $2,590.00
Invoice 37816 11/1/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $2,590.00
;~ ~ ~ ~o; ~-; - CREDIT-WINE -$7.~0
Invoice 236905 11/18/2003
-4537-
CiTY OF MOUND
Cash Payment
Invoice 1645522
Cash Payment
Invoice 1645521
Cash Payment
Invoice 1645520
Cash Payment
Invoice 1642663
Cash Payment
Invoice 1642662
Cash Payment
Invoice 1642660
Cash Payment
Invoice 1642661
Cash Payment
Invoice 1642659
Cash Payment
invoice 1636181
Cash Payment
Invoice 1636180
Cash Payment
Invoice 1636179
Cash Payment
Invoice 1636178
Transaction Date
City of Mound
Payments
12/05/03 11:31 AM
Page 8
Current Period: December 2003
E 609-49750-251 Liquor For Resale LIQUOR
11/25/2003
E 609-49750-253 Wine For Resale WINE
11/25/2003
E 609-49750-251 Liquor For Resale LIQUOR
11/25/2003
E 609-49750-251 Liquor For Resale LIQUOR
11/19/2O03
E 609-49750-253 Wine For Resale WINE
11/19/2003
E 609-49750-253 Wine For Resale WINE
11/19/2003
E 609-49750-251 Liquor For Resale LIQUOR
11/19/2003
E 609-49750-251 Liquor For Resale LIQUOR
11/19/2003
E 609-49750-253 Wine For Resale WINE
11/5/2003
E 609-49750-251 Liquor For Resale LIQUOR
11/5/2003
E 609-49750-253 Wine For Resale WINE
1115/2003
E 609-49750-251 Liquor For Resale LIQUOR
11/5/2003
12/4/2003 Wells Fargo
$417.45
$184.35
$777.55
$3,640.09
$676.88
$1,193.09
$151.49
$3,825.89
$57.90
$1,020.40
$1,048.88
$609.50
10100 Total $13,595.97
Refer 120930 JUBILEE FOODS (FIRE DEPT)
Cash Payment E 222-42260-434 Conference & Training 10-09-03 800 MHZ TRAINING $26.35
Invoice 120903 10/9/2003
Cash Payment E 222-42260-434 Conference & Training 10-09-03 800 MHZ TRAINING $33.66
Invoice 120903 10/9/2003
Cash Payment E 222-42260-434 Conference & Training 10-09-03 800 MHZ TRAINING $17.65
Invoice 120903 10/9/2003
Cash Payment E 222-42260-210 Operating Supplies 10-27-03 ITEMS $12.58
Invoice 120903 10/27/2003
Cash Payment E 222-42260-210 Operating Supplies 10-18-03 ITEMS $34.95
Invoice 120903 10/18/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $125.19
Refer 120903 JUBILEE FOODS
Cash Payment E 670-49500-460 Janitorial Services CLEAN UP DAY $30.46
Invoice 120903 10/11/2003
Cash Payment E 101-41110-430 Miscellaneous COUNCIL COOKIES $56.70
Invoice 120903 11/14/2003
Cash Payment E 670-49500-210 Operating Supplies SUPPLIES $4.10
Invoice 120903 11/21/2003
Transaction Date 12/3/2003 Wells Fargo 10100 Total $91.26
Refer 120903 KENNEDYAND GRAVEN
Cash Payment E 455-46380-300 Professional Srvs 10-03 REDEV PROJECT AREA #1 $814.00
Invoice 59233-A
-4538-
CiTY OF MOUND
Cash Payment
Invoice 59233-B
Cash Payment
Invoice 59233-C
Cash Payment
Invoice 59234-A
Cash Payment
Invoice 59234-B
Cash Payment
Invoice 59234-C
Cash Payment
invoice 39234-D
Cash Payment
Invoice 39234-E
Cash Payment
invoice 39234-F
Cash Payment
Invoice 39234-G
Cash Payment
Invoice 39234-H
Cash Payment
invoice 39234-1
Payment
Invoice 39234-J
City of Mound
Payments
12/05/03 11:31 AM
Page 9
Current Period: December 2003
$16.00
$1,050.50
$698.87
$228.00
$715.80
$164.35
$656.25
$74,50
$1,014.53
$1,104.00
$242.54
$210.00
$769.83
$1,103.84
$165.84
E 455-4§380-300 Professional Srvs
G 101-22908 Mound Harbor Renaissance
E 455-46377-300 Professional Srvs
E 101-41600-300 Professional Srvs
E 401-43100-300 Professional Srvs
E 101-41600-300 Professional Srvs
E 222-42260-300 Professional Srvs
E 609-49750-300 Professional Srvs
E 101-41600-300 Professional Srvs
E 101-41600-300 Professional Srvs
E 101-41500-300 Professional Srvs
E 101-41600-312 Legal Police
10-03 POST 0FFCE RELCOATION
10-03 HARBOR RENASSIANCE
10-03 CTY RD 15 REALIGNMENT
10-03 DREAMWOOD LAWSUIT
10-03 SKAALERUD LOT SURVEY
10-03 ROEGLIN ASSESSMENT APPEAL
10-03 MINNETRISTA FIRE AGREEMENT
10-03 BOLT VS LIQUOR STORE
10-03 ADULT USE ORDINANCE
10-03 EXECUTIVE
10-03 ADMINISTRATIVE
10-03 PUBLIC SAFETY
10-03 PNV MISC LEGAL SERVICES
10-03 LANGDON BAY DEVELEOPMENT
10-03 SEREMPA WETLAND
Cash Payment E 101-41600-314 Legal P/W
Invoice 39234-K1
Cash Payment G 101-22854 Langdon Bay Major Sub-Divi
Invoice 39234-K2
Cash Payment G 101~22910 WCA Bartlett Violation
Invoice 39234-K3
Transaction Date 12/3/2003 Wells Fargo 10100 Total $9,028.85
Refer 120903 LAKER NEWSPAPER
E 101-41110-351 Legal Notices Publishing CREDIT-LEGAL ADS
Cash Payment
Invoice
Cash Payment
Invoice 851
Cash Payment
Invoice XX13
Cash Payment
Invoice 860
E 101-41110-351 Legal Notices Publishing 11-03 NOVEMBER LEGALS
-$167.16
$67.66
$157.58
$191.04
E 101-41110-351 Legal Notices Publishing 11-22-03 PROPOSED BUDGET
11122/2003
E 101-41110-351 Legal Notices Publishing RESOLUTION 03-108
11/29/2003
Transaction Date 11/20/2003 Wells Fargo 10100 Total $249.12
Refer 120903 LAWSON PRODUCTS, INC
Cash Payment E 101-43100-221 Equipment Parts MISCELLANEOUS'SUPPLIES $147.08
Invoice 1472023 11/17/2003
Cash Payment E 601-49400-221 Equipment Parts MISCELLANEOUS SUPPLIES $147,08
Invoice 1472023 11t17/2003
Payment E 602-49450-221 Equipment Parts MISCELLANEOUS SUPPLIES $147.09
Invoice 1472023 11/17/2003
Transaction Date 11/25/2003 Wells Fargo 10100 Total $441.25
-4539-
CITY OF MOUND
City of Mound
Payments
12/05/03 11:31 AM
Page 10
Current Period: December 2003
Refer 120903 LUBE TECH, INCORPORATED
Cash Payment E 101-43100-220 Repair/Maint Supply MOBIL HYDRAULIC $85.15
Invoice 1017541 11/18/2003
Cash Payment E 601-49400-220 Repair/Maint Supply MOBIL HYDRAULIC $85.15
Invoice 1017541 11/18/2003
Cash Payment E 602-49450-220 RepaidMaint Supply MOBIL HYDRAULIC $85.15
Invoice 1017541 11/18/2003
Transaction Date 11/25/2003 Wells Fargo 10100 Total $255.45
Refer 120903 LUBES UNLIMITED, INCORPORAT
Cash Payment E 101-43t00-218 Clothing and Uniforms FILTERS $24.85
Invoice 201489 11/25/2003
Cash Payment E 601-49400-218 Clothing and Uniforms FILTERS $24.85
invoice 201489 11/25/2003
Cash Payment E 602-49450-218 Clothing and Uniforms FILTERS $24.85
Invoice 201489 11/25/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $74.55
Refer 120903 MARK VII DISTRIBUTOR
Cash Payment E 609-49750-252 Beer For Resale BEER $272.00
Invoice 610291 11/28/2003
Transaction Date 12/4/2003';~ Wells Fargo 10100 ' ~ Total $272.00
Refer 120903 MARLIN'S TRUCKING DELIVERY
Cash Payment E 609-49750-265 Freight 10-02-03 DELIVERY CHARGE $186.30
Invoice 13253 10/2/2003
Cash Payment E 609-49750-265 Freight 11-17-03 DELIVERY CHARGE $3.60
invoice 13954 11/17/2003
Cash Payment E 609-49750-265 Freight 11-20-03 DELIVERY CHARGE $333.90
Invoice 13974 11/20/2003
Cash Payment E 609-49750-265 Freight 11-26-03 DELIVERY CHARGE $53.10
Invoice 14008 11/26/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $576.90
Refer 120903 MASS BAR-MATE CORPORATION
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $373.50
Invoice 128040 11/18/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $373.50
Refer 120903 MCCOMBSFRANKROOSASSOCI
Cash Payment E 101-43100-300 Professional Srvs 08-03 TAX FORFEIT PROPERTY $51.50
Invoice 44940-B 9/1/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $51.50
Refer 120903 METROPOLITAN COUNCIL ENVIR
Cash Payment G 602-21825 SAC Deposits 10-03 SAC CHARGES $5,049.00
Invoice 1209-03
Cash Payment G 602-21825 SAC Deposits 11-03 SAC CHARGES $3,786.75
Invoice 1209-03
Transaction Date 12/2/2003 Wells Fargo 10100 Total $8,835.75
Refer 120903 MICHAEL, GEOFF
Cash Payment E 101-42110-205 Computer Software NETWORK CARD $26.74
Invoice 629 11/10/2003
-4540-
CITY OF MOUND
Transaction Date 11/24/2003
City of Mound
Payments
12/05/03 11:31 AM
Page 11
Current Period: December 2003
Wells Fargo 10100 Total $26
Refer 120903 MINNESOTA DEPT OF HEALTH
Cash Payment R 601-37100 Water Sales 10-01-03 THRU 12-31-03 WASTEWATER $4,605.00
Invoice 120903
Transaction Date 11/24/2003 Wells Fargo 10100 Total $4,605.00
Refer 120903 MINNESOTA VALLEY TESTING LA
Cash Payment E 601-49400-470 Water Samples COLIFORM, MF - WATER $72.50
Invoice 192249
Transaction Date 12/3/2003 Wells Fargo 10100 Total $72.50
Refer 120903 MINNETONKA PORTABLE DREDGI
Cash Payment E 281-45210-525 Other Capital Improveme CENTERVlEW RIP RAP $23,100.00
Invoice 1733 12/3/2003
Transaction Date 12/3/2003 Wells Fargo 10100 Total $23,100.00
Refer 120903 MORAN USA, LLC
Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $381.68
Invoice 224837 11/21/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $381.68
Refer 120903 MOUND FIRE DEPARTMENT
merit G 101-2280'1 Deposits/Escrow 2004RELIEF ASSOCIATION DUES $3,600.00
120903
Transaction Date 12/2/2003 Wells Fargo 10100 Total $3,600.00
Refer 120903 MOUND FIRE RELIEF ASSOCIA TIO
Cash Payment E 895-49990-124 Fire Pens Contrib 11-03 FIRE RELIEF $9,361.66
Invoice 120903
Transaction Date 12/4/2003 Wells Fargo 10100 Total $9,361.66
Refer 120903 MOUND HOUSING AND REDEVEL
Cash Payment E 101-42110-361 General Liability Ins
Invoice 120903
Cash Payment E 222-42260-361 General Liability Ins
Invoice 120903
Transaction Date 11/24/2003
INSURANCE PUBLIC SAFETY BUILDING
INSURANCE PUBLIC SAFETY BUILDING
Wells Fargo 10100 Total
$1,864.23
$2,819.77
$4,684.00
Refer 120903 MUZAK - MINNEAPOLIS
Cash Paymen[ E 609-49750-440 Other Contractual Servic 12-03 MUSIC SERVICE $92.90
Invoice A405629 12/1/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $92.90
Refer 120903 NATIONAL WATERWORKS
Cash Payment E 602-49450-500 Capital Outlay (GENE~RA SEAL BAND $2,012.85
Invoice 9941901 11/19/2003
Cash Payment E 602-49450-500 Capital Outlay (GENERA INT CHMY SEAL S-SLEEVE $11,885.40
Invoice 9941899 11/19/2003
Transaction Date 12/1/2003 Wells Fargo 10100 Total $13,898.25
120903 NEXTEL COMMUNICATIONS (POLl
Payment E 101-42110-321 Telephone & Cells 10-19-03 THRU 11-18-03 CELL PHONES $350.91
Invoice 120903
Transaction Date 12/2/2003 Wells Fargo 10100 Total $350.91
-4541 -
CITY OF MOUND
City of Mound
Payments
12/05/03 11:31 AM
Page 12
Refer 120903
Cash Payment
Invoice 2305
Transaction Date 12/1/2003 Wells Fargo 10100 Total $6,858.60
Refer 120903 NICHE
Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $444.10
Invoice 91755 11/14/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $444.10
Refer 120903 NORTHERN TOOL AND EQUIPMEN
Cash Payment E 101-45200-220 RepaidMaint Supply BAR SET, ETC $0.51
Invoice 120903 11/20/2003
Transaction Date 12/1/2003 Wells Fargo 10100 Total $0.51
Current Period: December 2003
NICCUM DOCKS, INCORPORATED
E 281-45210-440 Other Contractual Servic MOUND BAY PARK DOCK SECTIONS $6,858.60
9/16/2003
Refer 120903 NORTHERN WATER WORKS SUPP
Cash Payment E 601-49400-220 RepaidMaint Supply ' METERS $995.15
Invoice 3208259 11/17/2003
Transaction Date 11/25/2003 Wells Fargo 10100 Total $995.15
Refer 120903 PAUSTIS AND SONS WINE COMPA
Cash Payment E 609-49750-253 Wine For Resale WINE $571.48
Invoice 8021443 11/24/2003
Cash Payment E ~09-49750-253 Wine For Resale WINE ' $267.00
Invoice 8020815 11/18/2003
Transaction Date 12/4/2003. Wells Fargo 10100' . Total $838.48
Refer 120903 PEPSI-COLA COMPANY
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa CREDIT-MIX -$4.60
Invoice 49244612 11/26/2003
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $168.40
Invoice 49244612
Transaction Date 12/4/2003 Wells Fargo 10100 Total $163.80
Refer 120903 PHILLIPS WINE AND SPIRITS, INC
Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$25.00
Invoice 3289401 11/20/2003
Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$9.17
Invoice 3289022 11/11/2003
Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$3.84
Invoice 3288448 10/20/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $193.75
Invoice 2014000 11/25/2003
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $69,75
Invoice 2013999 11/25/2003
Cash Payment E 609-49750-252 Beer For Resale BEER $25,00
Invoice 2011896 11/19/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $1,616.60
Invoice 2011895 11/19/2003
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $193.80
Invoice 2011894 11/19/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $1,69820
Invoice 2007161
-4542-
CITY OF MOUND
City of Mound
Payments
Page 13
Current Period: December 2003
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $421.10
Invoice 2007160 11/5/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $4.180.19
Refer 120903 PINNACLE DISTRIBUTING
Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $833.24
Invoice 30569 11/1612003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $833.24
Rear 120903
QUALITY WINE AND SPIRITS
Cash Payment
Invoice 271666-B
Cash Payment E
Invoice 332424-00
Cash Payment E
Invoice 337909-00
Cash Payment E
Invoice 337900-00
Cash Payment E
Invoice 337319-00
Cash Payment E
Invoice 337217-00
E
nvoice 337164-00.
E 609-49750-253 Wine For Resale WiNE
609-49750-253 Wine For Resale WINE
11/13/2003
609-49750-254 Soft Drinks/Mix For Resa MIX
11/25/2003
609-49750-254 Soft Drinks/Mix For Resa MIX
11/25/2003
609-49750-253 Wine For Resale WINE
11/24/2003
609-49750-251 Liquor For Resale LIQUOR
11/~4/2003
609-49750z255 Misc Merchandise For R MISCELLANEOUS
11/24/2003
Cash Payment E 609-49750-253 Wine For Resale WINE
Invoice 334911-00 11/19/2003
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR
Invoice 334707-00 11/1912003
Cash Payment E 609-49750-253 Wine For Resale WiNE
Invoice 329627-00 11/5/2003
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR
Invoice 329029-00 11/5/2003
Transaction Date 12/4/2003 Wells Fargo
$67.95
-$20.34
$26.07
$185.66
$26O,32
$1,751.61
$93.10
$688.76
$2,433,18
$1,036,48
$1,857.64
10100 Total $8,390.43
Refer 120903 RANDY'SSANITATATION
Cash Payment E 101-41910-384 Refuse/Garbage Dispos 11-03 GARBAGE SERVICE $114.54
Invoice 1686 11/21/2003
Transaction Date 12/1/2003 Wells Fargo 10100 Total $114.54
Refer 120903 SENTRY SYSTEMS, INCORPORAT
E 609-49750-440 Other Contractual Servic 12-03 MONITORING SERVICES $22.21
Cash Payment
Invoice 347720
Cash Payment
Invoice 347720
Cash Payment
Invoice 346209
Cash Payment
E 609-49750-440 Other Contractual Servic 12-03 O'CS NO REPORTS
$10.65
E 609-49750-440 Other Contractual Servic 12-03 FIRE DAILY TEST
$25.72
E 609-49750-440 Other Contractual Servic 12-03 ANNUAL FIRE ALARM $10.65
TEST/INSPECTION
.~nvoice 346209
Refer 120903 SHORT ELLIOTT HENDRICKSON, I
-4543-
CITY OF MOUND
City of Mound
Payments
12/05/03 11:31 AM
Page 14
Current Period: December 2003
Cash Payment E 496-46580-500 Capital Outtay (GENERA 10-03 PUBLIC SAFETY BUILDING $5,901.96
Invoice 10107591 11/12/2003
Transaction Date 11/25/2003 Wells Fargo 10100 Total $5,901,96
Refer 120903 SIMPLEX TIME RECORDER COMP
Cash Payment E 101-41910-440 Other Contractual Servic 2004 SERVICE CONTRACT $826.97
Invoice 84060447 11/23/2003
Transaction Date 12/1/2003 Wells Fargo 10100 Total $826.97
Refer 120903 SOLBREKK, INCORPORATED
Cash Payment E t01-41910-500 Capital Outlay (GENE~RA E-MAIL FOR LASERFICHE $300.00
Invoice 0004611
Cash Payment E 101-41910-500 Capital Outlay (GENERA INSTALL TAPE DRIVE $415.35
Invoice 0004753
Cash Payment E 101-41910-500 Capital Outlay (GENERA TAPES $25.56
Invoice 0004831
Cash Payment E 101-41910-500 Capital Outlay (GENERA LASERFICHE $325.64
Invoice 0003673
Cash Payment E 101-41910-500 Capital Outlay (GENERA DATA PRODUCTS $833.90
invoice 0004662
Cash Payment $5,335.54
Invoice 0003673
E 101-41910-500 Capital Outlay (GENERA LASERFICHE GROUP SERVER
Transaction Date 11/~4/2003 Wells Fargo 10100 Total $7,235.99
Refer 120903 SOS PRINTING
Cash Payment E 609-49750-340Advertising 12-03 FLYERS $272.53
invoice 65061 11/26/2003
Cash Payment E 101-43100-202 Duplicating and copying MOORE BUSINESS CARDS $18.55
Invoice 65019 11/18/2003
Cash Payment E 601-49400-202 Duplicating and copying MOORE BUSINESS CARDS $18.55
Invoice 65019 11/18/2003
Cash Payment E 602-49450-202 Duplicating and copying MORE BUSINESS CARDS $18.55
Invoice 65019 11/18/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $328.18
Refer 120903 STILLINGS, MARILYN
Cash Payment G 101-22968 2050 Hardson Lane #03-43 REIMBURSE ESCROW
Invoice 120903
Transaction Date 12/2/2003 Wells Fargo 10100
$500.00
Total $500.00
Refer 120903 SUBURBAN TIRE WHOLESALE
Cash Payment E 101-43100-221 Equipment Parts TIRES $79.11
Invoice 10018990
Transaction Date 12/2/2003 Wells Fargo 10100 Total $79.11
Refer 120903 TELESYSTEMS, INC.
Cash Payment E 609-49750-415 Other Equipment Rental SERVICE CALL $75.26
invoice 2041 11/24/2003
Transaction Date 12/2/2003 Wells Fargo 10100 Total $75.26
Refer 120903 THORPE DISTRIBUTING COMPAN
Cash Payment E 609-49750-252 Beer For Resale BEER $276.50
Invoice 30222 12/1/2003
-4544-
CiTY OF MOUND
City of Mound
Payments
12/05/03 11:31 AM
Page t5
Current Period: December 2003
Cash Payment E 609.49750-252 Beer For Resale BEER $191.50
Invoice 30112 11/24/2003
Cash Payment E 609-49750-252 Beer For Resale BEER $2.073.70
Invoice 318124 12/2/2003
Cash Payment E 609-49750-252 Beer For Resale BEER $68.90
Invoice 318123 12/2/2003
Cash Payment E 609-49750-252 Beer For Resale BEER $9,317.30
Invoice 317474 11/25/2003
Cash Payment E 609-49750-252 Beer For Resale BEER $13.15
Invoice 317473 11/25/2003
Cash Payment E 609-49750-252 Beer For Resale BEER $1,658.90
Invoice 316835 11/19/2003
Cash Payment E 609.49750-252 Beer For Resale BEER $116.90
Invoice 316834 11/19/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $13,716.85
Refer 120903 TRI-STATE PUMP AND CONTOL, I
Cash Payment E 602-49450-500 Capital Outlay (GENERA METER CABLE $693.63
Invoice 22821 11/18/2000
Transaction Date 12/3/2003 Wells Fargo 10100 Total $693,63
Refer 120903 TWIN CITY OFFICE SUPPLY
Payment E 101-41310-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.42
lice 409724-0
Cash Payment E 101-41500-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.42
Invoice 409724-0
Cash Payment E 101-42110-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.42
Invoice 409724-0
Cash Payment E 101-42400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.42
Invoice 409724-0
Cash Payment E 101-45200-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.42
Invoice 409724-0
Cash Payment E 101.43100-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $0.47
Invoice 409724-0
Cash Payment E 609-49750-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $0.47
Invoice 409724-0
Cash Payment E 601-49400-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $0.71
Invoice 409724-0
Cash Payment E 602-49450-200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $0.73
Invoice 409724-0
Cash Payment E 101-43100-200 Office Supplies INK JET CARTRIDGE $45.79
Invoice 409426-0
Cash Payment E 601-49400-200 Office Supplies INJKET CARTRIDGE $45.79
Invoice 409426-0
Cash Payment E 602-49450-200 Office Supplies INK JET CARTRIDGE $45.79
Invoice 409426-0
Cash Payment E 101.41500-200 Office Supplies INK JET CARTRIDGE $105,42
Invoice 409792-0
Payment E 101~41310-200 Office Supplies INK JET CARTRIDGE $80.93
Invoice 409792-0
-4545-
CITY OF MOUND
City of Mound
Payments
12/05/03 11:31 AM
Page 16
Current Period: December 2003
Cash Payment E 101-41310-200 Office Supplies
Invoice 409344-0
Cash Payment E 101-41500-200 Office Supplies
Invoice 409344-0
Cash Payment E 101-42110-200 Office Supplies
Invoice 409344-0
Cash Payment E 101-42400-200 Office Supplies
Invoice 409344-0
Cash Payment E 101-45200-200 Office Supplies
invoice 409344-0
Cash Payment E 101-43100-200 Office Supplies
Invoice 409344-0
Cash Payment E 609-49750-200 Office Supplies
Invoice 409344-0
Cash Payment E 601-49400-200 Office Supplies
invoice 409344-0
Cash Payment E 602-49450-200 Office Supplies
Invoice 409344-0
Cash Payment E 101-45200-200 Office Supplies
Invoice 409381-0
Cash Payment E 101-41310-200 Office Supplies.
:invoice 409381-0
Cash Payment E 101-42110-203 Printed Forms
Invoice 410681-0 PO 17886
Cash Payment E 101-42110-203 Printed Forms
Invoice 410483-0 PO 17886
Cash Payment E 101-42110-203 Printed Forms
Invoice 410356-0 PO 17886
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
CALENDAR
· CALENDAR
QUICKNOTES SYSTEM
LEATHER SET
CALENDARS
$14.19
$14.19
$14.19
$14.19
$14.19
$4.73
$4.73
$7.09
$7.07
$30.42
$30.42
$14.37
$104.44
$187.49
Transaction Date 12/4/2003 Wells Fargo 10100 Total $794.91
Refer 120903 WABASH VALLEY MANUFACTURI
Cash Payment E 496-46580-500 Capital Outlay (GENERA FURNITURE $3,184.35
Invoice 168011 11/7/2003 PO 17974
Transaction Date 12/2/2003 Wells Fargo 10100 Total $3,184.35
Refer 120903 WESTONKA MECHANICAL
Cash Payment E 602-49450-220 Repair/Maint Supply PVC PIPE
Invoice 6371 11/9/2003
Transaction Date 12/1/2003 Wells Fargo 10100
$27.5O
Total $27.50
Refer 120903
WIDMER CONSTRUCTION, LLC
Cash Payment E 601-49400-400 Repairs & Maint Contract INSTALL STORM MANHOLE $2,075.00
Invoice 196-A 11/19~2003
Cash Payment E 601-49400-440 Other Contractual Servic INSTALL STORM MANHOLE $6,381.75
Invoice 196-B 11/19/2003
Cash Payment E 601-49400-400 Repairs & Maint Contract CURB STOP PRIEST AVENEUE $237.50
Invoice 195 11/19/2003
Transaction Date 11/25/2003 Wells Fargo 10100 Total $8,694.25
Refer 120903 WILLIAMS TOWING
Cash Payment E 101-42110-436 Towing Charges 08-08-03 TOW $136.32
Invoice 65331
-4546-
CITY OF MOUND
Transaction Date 12/212003
City of Mound
Payments
12105103 11;31 AM
Page 17
Current Period: December 2003
Wells Fargo 10100 Total $136.32
Refer 120903 WINE COMPANY
Cash Payment E 609-49750-253 Wine For Resale WINE $357.40
Invoice 16496~00 11121/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $717.70
Invoice 15783-00 11/12/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $1,075.10
Refer 120903 WINE MERCHANTS
Cash Payment E 609-49750-253 Wine For Resale WINE $298.95
Invoice 84292 11/5/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $799.40
Invoice 85294 11/19/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $1,098.35
Refer 120903 WORLD CLASS WINES, INCORPO
Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$19.01
Invoice 143519 11/25/2003
Cash Payment E 609-49750-253 Wine For Resale WINE $522.25
Invoice 143128 11/18/2003
Transaction Date 12/4/2003 Wells Fargo 10100 Total $503.24
120903 XCEL ENERGY
Cash Payment E 609-49750-381 Electdc Utilities 11-03 ELECTRICITY $869.11
Invoice 0895-951-498-32
Transaction Date 12/3/2003 Wells Fargo 10100 Total $869.11
Fund Summary
10100 Wells Fargo
101 GENERAL FUND $34,102.00
222 AREA FIRE SERVICES $10,006.37
281 COMMONS DOCKS FUND $29,958.60
401 GENERAL CAPITAL PROJECTS $2,417.08
455 TIF 1-2 $7,024.12
496 HRA PUBLIC SAFETY BLDG $9,086.31
601 WATER FUND $15,535.96
602 SEWER FUND $24,541.82
609 MUNICIPAL LIQUOR FUND $78,372.80
670 RECYCLING FUND $3,574.56
895 FIRE RELIEF FUND $9,361.66
$223,981.28
Pre-Written Check
Checks to be Generated by the Compute
Total
$0.00
$223,981.28
$223,981.28
-4547-
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
PLANNING REPORT
TO: Honorable Mayor and City Council
FROM: Sarah Smith, Community Development Director
DATE: November 24, 2003
SUBJECT: Waiver of platting request
APPLICANTS: Grant and Julie Johnson
PLANNING CASE NUMBER: 03-46
LOCATION: 6185 Sinclair Road
PID: 23-117-24-34-0092
ZONING: R-2 Residential
COMPREHENSIVE PLAN: Residential
SUMMARY
The City Council will review a request from Grant and Julie Johnson, for waiver of
platting approval pursuant to City Code Chapter 330:12 to subdivide the property
located at 6185 Sinclair Road into two (2) lots as follows:
Existinq
Lots 3 & 4, Block 17, The Highlands
Proposed
Lot 3, Block 17, The Highlands
Lot 4, Block 17, The Highlands
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 after 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.
-4548-
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.
BACKGROUND INFORMATION
Ownership. The applicants purchased the property located at 6185 Sinclair Road in
August 2003. Currently, the property consists of (2) platted lots which were combined
in 1980 by a previous owner.
Site Conditions. Presently, there is a vacant cabin on Lot 4 which is to be
demolished. Both of the lots are proposed to be redeveloped with new single-family
homes.
Certificate of Survey. A Certificate of Survey for the subject property dated
September 16, 2003 and revised on October 24, 2003 and November 20, 2003
respectively was prepared by Advance Surveying and Engineering Company and has
been included as an attachment.
Determination of Completeness. The application was submitted on November 3,
2003 and deemed to be complete. Pursuant to M.S.S. 462.358 Subd. 3(b), the City
has 120-days to approve or deny a subdivision application.
ISSUES ANALYSIS
Comprehensive Plan. The Future Land Use Map included in the Mound
Comprehensive Plan guides the property for future low-density residential use (1-6
units / acre.) The subject property is surrounded on all sides by residential use.
Zoning. The subject property is zoned R-2 single family residential. The following
table includes the lot dimensions, and setback requirements of the R-2 District.
R-2
Lot Area
6,000 SF
Width
4O FT
Depth
8O FT
Frontage at
Street / Lake
4O FT
Front
Setback
20 FT
Side
Setback(s)
10 FT
Lake
Setback
50 FT
Lots 3 and Lot 4, as proposed, are consistent with the R-2 standards for lot area, width,
depth and frontage.
C:\Documents and SettingsX.&dnainistrator\My Documents\l-larming R. eports\~00.~\0.~-
46 ohnsonwaiverofplatting. DOC
-4549-
While no construction is contemplated as a part of the current waiver of platting
request, the applicant(s) have demonstrated a building pad on both Lot 3 and Lot 4
which meet the requirements of the R-2 District for a non-lot a record.
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 and therefore will be Subject tothe
standard provisions of the R-2 District. As previously mentioned, the side setback
(principal structure) for non-lots of record is ten (10) feet. Additionally, hardcover is
Ii mite d t o no mor-e t h an-thirty (30)-pc rcen~L-14ardcover-~ as_~proposed~s_25~6~c~r
Lot 3 and 26 percent for Lot 4.
CITY DEPARTMENT REVIEW
Copies of the request and all supporting materials were forwarded to all City
departments for review and comment. All written comments received to date have
been summarized below:
Fire Chief Pederson
No objections.
Police Chief Kurtz
No objections.
Building Official Simoneau
A building permit will be required for any
proposed new dwelling including the submittal
of all required information and shall be subject
to all provisions of the Uniform Building Code
as well as local regulations.
City Engineer Cameron
See memorandum provided as separate
attachment.
Public Works Director Moore
Grading and utility issues to be addressed as
part of building permit process, if approved.
NOTIFICATION
While City Code does not require public notification, current City policy indicates that
adjacent property owners are notified as a courtesy. Members of the Planning
Commission and City Council are advised that notification regarding the request was
forwarded to the adjacent property owners on or around December 5, 2003.
C:~ocuments and SettingsVX. dministrator\My Documents\Plamfing Reports\2003\03-
46johnsorm, aiveroti}latting. DOC
-4550-
GENERAL COMMENTS
1. Approval of the proposed waiver of platting does not constitute or guarantee
future approval of any building permit(s) or any other necessary approval by
any other public agency.
2. The City Engineer has determined that the subject property is not a bluff.
The request for waiver of platting approval was forwarded to the DNR Area
Hydrologist for review. As of this writing, no comments were received.
RECOMMENDATION
Waiver of Platting. Staff recommends City Council approval of the waiver of platting
application for the property located at 6185 Sinclair Road subject to the following
conditions:
1. Applicant shall be responsible for payment of all costs associated with City
review of the waiver request.
No future approval of any development plans and/or building permits is included
as part of this land use action in the event the waiver of platting request is
approved.
3. Applicant shall be required to submit all required information upon submittal of
the building permit applications, when appropriate.
Applicant shall be responsible for procurement of any and/or all public agency
permits including the submittal of all required information prior to building permit
issuance.
5. All conditions from the City Engineer as referenced in his memorandum that has
been included as an attachment.
If the resolution is released prior to the installation of municipal utilities and other
related work (if applicable), a utility escrow deposit or other acceptable financial
guarantee (i.e. letter of credit) in an amount to be determined by the City
Engineer shall be submitted.
7. One (1) park dedication fee in the amount of $1100.00 shall be paid pursuant to
City Code Chapter 330:120, Subd. 3 prior to the release of the resolution.
C:\Docurnents and Settings\Administrator~Vly I)ocuments\Plarminii Reports\2003\03-
46johnsonwaiveroli) hltting. DOC
-4551 -
MEMORANDUM
DATE: DECEMBER 1, 2003
TO: S~ SMITH, COMMU~TY DEVELOPMENT DIRECTOR :. - __~ .... · .... -~ ............... .....
FROM: JOHN CAMERON, CITY ENGINEER
SUBJECT: CiTY OF MO-UND
JOHNSON WAIVER OF PLATTING
6185 SINCLAIR ROAD
CASE NO. 03-43
MFRA File No. 14628
As requested, we have reviewed the Johnson Waiver of Platting request and have the following
comments and recommendations:
Comments:
1. According to City records, Lot 3 does not have an existing water service stubbed to the property line.
This service should either be installed or some form of financial guarantee provided.
2. Recent revisions to the City Code requires that sanitary sewer and watermain trunk charges, in
addition to the connection fees must be paid on new building sites. The present trunk charges are
$1500 each for sanitary sewer and watermain and a connection fee of $240 each for the sewer and
water services for the newly created building site.
3. The concrete curb in this area is not true surmountable curb; therefore when the house is constructed
on Lot 3, the curb will need to be removed and a new concrete apron installed.
4. This is another of the older plats in the City, which did not provide drainage and utility easements
along the lot lines. Therefore, drainage and utility easements should be provided along all lot lines, 10
feet in width on the street side and 5 feet wide on the sides.
5. The survey submitted with the application shows only tentative house locations and proposed
building elevations. A more complete grading and drainage plan will need to be submitted when
application is made for a building permit.
Recommendations:
1. The installation of a new water service must either be completed or some type of financial guarantee
provided, such as cash deposit, letter of credit or performance bond.
2. Sanitary Sewer and Watermain Trunk Charges of $1500 each shall be paid when a building permit
application is made for Lot 3.
3. A new concrete apron must be installed for Lot 3 at the time of house construction.
4. Provide drainage and utility easements along all lot lines, 5 feet in width on side lot lines and 10 feet
wide along the front lot line.
5. Final grading and drainage plan to be approved by the City Engineer at time of building permit
application.
15050 23RD AVENUE NORTH JCAMERON@MFRA.COM
PLYMOUTH, MN 55447 (763)476-60'10 FAX (763) 476-8532
-4552-
C!TY OF-~..O'J ND
RESOLUTION # 03-
RESOLUTION TO APPROVE REQUEST FROM GRANT JOHNSON AND
JULIE JOHNSON FOR WAIVER OF PLATTING APPROVAL TO SUBDIVIDE
LOTS 3 & 4, BLOCK 17, THE HIGHLANDS INTO TWO (2) LOTS
PID #23-117-24-34-0092
PLANNING CASE # 03-46
WHEREAS, the applicants, Grant Johnson and Julie Johnson, have
submitted a request for waiver of platting approval pursuant to City Code Chapter
330:12 to subdivide Lots 3 & 4, Block 17, The Highlands into two (2) buildable
lots to allow construction of two (2) new single-family homes; and
WHEREAS, the subject property is located at 6185 Sinclair Road; and
WHEREAS, the property is zoned R-2 and Single-Family Residential
(SFR) is a permitted use; and
WHEREAS, Lots 3 & 4, Block 17, The Highlands, are platted lots and
were combined previously for tax-purposes by a former owner; and
WHEREAS, Lots 3 & 4, Block 17, The Highlands meet the lot size,
width,depth and frontage requirements of the R-2 District; and
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 with all City codes; and
WHEREAS, Staff has determined that the waiver request is consistent
with the requirements of the R-2 District.
-4553-
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Mound, Minnesota as follows:
1. The Cit~/does hereby approve the waiver of platting request with the
following conditions:
_ :.~_..: ....... ~ ..... .___ ......... a.~___Ap Pli~n~ha!Lbe_responsi ble_fo r_paymenLof_a!J~S~ ___ ....... ___.~:,
bo
No future approval of any development plans and/or building
permits is included as part of this land use action in the event the
waiver of platting request is approved.
Applicant shall be required to submit all required information
upon submittal of the building permit applications, when
appropriate.
Applicant shall be responsible for procurement of any and/or all
public agency permits including the submittal of all required
information prior to building permit issuance.
All conditions from the City Engineer as referenced in his
memorandum which has been included as Exhibit A.
If the resolution is released prior to the installation of municipal
utilities and other related work (if applicable), a utility escrow
deposit or other acceptable financial guarantee (ie. letter of
credit) in an amount to be determined by the City Engineer shall
be submitted.
One (1) park dedication fee in the amount of $1100.00 shall be
paid pursuant to City Code Chapter 330:120, Subd. 3 prior to the
release of the resolution.
2. This waiver of platting request is hereby approved for the following
described property:
Existinq
Lots 3 & 4, Block 17, The Highlands
Proposed
Lot 3, Block 17, The Highlands
Lot 4, Block 17, The Highlands
-4554-
The foregoing resolution was moved by Councilmember and
seconded by Councilmember
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
........................ Adopted December_9,~003- ........... ~ ~ ..~ .... ....... __~_~._ ~__~ .... ~ :
Pat Meisel, Mayor
Attest: Bonnie Ritter, City Clerk
-4555-
DOHALDSON CO. 61~ 88? 3888
PROPERTY.
EXISTING
nE$O~IP~ION
PROPOSED
OE$Cm~ON
APPLICANT
OWNER
'(Jr ether than
,eppll~arff)
WAIVER OF PLATTING
APPLICATION
SURVEYO~
~NGINEER
P.01/01
City Council Date;
/ Ple;a$~ ~YI~ or print ~rly
Hee an application ever been maele for ~olling, varianoa, ~nd~nal u$~ ~Jt, or other ~n~ p~ure ~
~s pmpe~?
(') yes, ~ no. R yes, u~ ea~[~) of appU~Uon, ac~ ~ktn, re~l~n number(a) a~ ~e ~es of r~lutior~.
Appllcat{On must be sigrmd by ail ownera of tho =ubjoat proport¥~ or ~l~at~a gNen why ~;$ ;e not the
~ ~ffi~ ~ a:l of the s~men~ abo~ aaa ~te~n~ ~nt~neO in any ~ui~d p~m Or p~na ~ be sub~i~d he~th
an~ a~oura~. I ackn~i~e ~ 1 have r~d all of ~ J~o~on p~d~ and ~t t am r~e for ~1 ooa~ ifl~ by
C~m~ ~ ~e pm~jng of~ ~piiC~ion ~nze~ ~ ~e en~ In or u~n ~e pr~l;~ ~b~ in thio aPP~tion byany
au~otrzed ~c;aJ ~ ~e Ci~ of Me.nd ~r the purpOSe ~ inspe~ng, orof p°~ng. ~[~l~lnQ ~ ~emovin~ ~ nofi~ as may be
red. md by law.
-4556-
Established in 1962
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North (763) 560-B095
Fax No. 560-8522
Minneapolis, Minnesota 55425
~nrur~rs Lg~rlifirair
SUNCREST BUILDERS
Benchmark: Top nut of Hydrant aL NW corner
of Lot 4, as shown hereon
Elevation = 935.41 feet
Property Zoned R-2 Residential
power pole
SINCLAI /<
8"sanitary sewer
top nut=gJS. 4 1 inv=g2J. J~
ihydrant.., tlc
watermain 9J2.25 ./ I --
r'~. coqc._=_F 9z2.17
.......... ~o. '.. : tlc
p o w ~'T" ~'61 ;~'~-? .... ~ .......
............ ........
/~v / Bmi~inmur~i~.[back line~
. I-.- ~ .... '~-::"-"-.---,~." X
floor
g J5.2 %. :
FRAME ",..
GARAGE '.
/ ....
944~ ,,,,
/ ..... 1.. ... ,,j_6_'j,elr
t Dp
950.40
block
", \ No.6185
o_ 1-S frame
'"', ~o be r°Zedl2
INVOICENO. 66963
F.B.NO 955--39
SCALE: ~" = 30'
Denotes Iron Monument
Denotes Found Monument
xO00. O Denotes Existing Elevation
O Denotes Proposed Elevation
~ Denotes Surface Drainage
NOTE: Proposed grades are subject
to results of soil tests.
Proposed building information
must be checked with approved
building plan and development or
grading plan before excavation
and construction.
Proposed Top of Block
Proposed Garage Floor
Proposed Lowest Floor
p,.,ower pole ~ manhole
W .... w ~ ~ top=gJl 67
tlc
9Jl. 91
'..LL:':...-...~
1
FRAME
GARAGE
)wer pole
"" '::.--'" FRAME
,
~ ~0"osh GARAGE
~ \
& ........ ~:,, ,, ,, ,
20Z'aak
$¢ ..... -- ~= ,, , · , , ,, '-,,
...... - ..... '
~ 945.7 o~
................................... ~,
~ 24"bdsswood ~16"b~sswooa ~
~ ........ · ....................... ~-,
.................. ~ .........
~' .................. . ...... ; .............. ---;-4 ........
..............._ ............ :~ L ...... :.~~--...-~o¢ ~o,, o~ ,,n~
................. _ ................... ~2"~-~I ....... 4~q_~--: .... ~ .... ~,,'
...... . ......... $--- .--- --. ..... .~,L,
: ........... .............. __ .
O~W 9z · '""~
L A K E M IN~N E T 0 NH°~
Ordinary High Wa~er etev.= 9~9.4 fee~
ja2/.165-77
TORY
ME
top
Lot 5, Block 17, "THE HIGHLANDS", Hennepin County, Minnesota.
Area of parcel is 8666 sq.ft (O. 199 acres)
Area of proposed building = 14OO sq.ft
Area of proposed drive = 720 sq.ft
Area of proposed walks = 1OO sq.ft
Total I~ardcover = 2220 sq.ft
percentage of hardcover = 25.6 %
The only easements shown are from plats of record or information
provided by client.
We hereby certify that this is a true and correct representation of
a survey of the boundaries of the above described land and the
location of all buildings and visible encroachments, if any, from or on
said land.
rev.
Surveyed by us this 16th day of September , 20 03 rev.
Hardcover calculations are an appoximatization
and are subject to ch_?~e with final building plans
Signedff'~2/~?>/:
~ ]-20-03 Charles [F./Nnderson, Minn. Reg. No.21755 or
~0-24-03 Gregory t~. Prasch, Minn Reg No. 24992
Established in 1962
LOT SUlqVEY.S COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North (763) 560-3093
Fax No. 560-3522
Minneapolis, Minnesota 55428
~urur~tor, k6rrtifirat~
SUNCREST BUILDERS
Benchmark: Top nut of Hydrant at NW corner
of Lot 4, as shown hereon
Elevation = 935.41 feet
Property Zoned R-2 Residential
S
8"sanitary sewer
top nut=gJs. 41
wotermoinl__ hydran!.. 9jt2fc25
'%__
power
9J4 ............ -~ ....i
.~'
floor
935.2
top
950.40
block
FRAME
GARAGE
/
944j
power pole
/~ '~ROAI
INVOICE NO. 669
F.B.NO. 955-59
SCALE: 1" = 50'
0 Denotes Iron Monument
· Denotes Found Monument
xO00. 0
NOTE:
Denotes Existing Elevation
Denotes Proposed Elevation
Denotes Surface Drainage
Proposed grades are subject
to results 'of soil tests.
Proposed building information
must be checked with approved
building plan and development or
grading plan before excavation
and construction.
Proposed Top 'of Block
Proposed Garage Floor
Proposed Lowest Floor
inv=923.
cone. 932. 17
50.00
49"E~(
CME
=~RAGE
~ pole
FRAME
'~GARAGE
I
,- \ \ ,,,,\',,
· ~ \(/) \ , &, ,
mA/Nt-P-mU1"P'-'s-e-kb"a-c'k- _il_e_. 1~20'%ak \ \ 24'~fr~vP~e ",
94~6 \ \ ~ \ \ ',,
947.
5
,9,g6-' ..... ,
............ : .......... '~¢ c~ ...... ': / 1~' ma~le
¢ ...... ® , ~- , ~ , ,
,.,°,¢'~ 24"basswood t ~_16"besswoo~" ...... ~"~;:~.?~ ,/ / { /
........ 0L ....................... .', 06"elm~
................. .. : ........ -~r~-tT.~, I,~, ,~, ¥.,J ~' / &,l 6"phaple
O~n .... " ..... ~8"o6T~ ir'." ...... ~l'~', .... . .... e¢¢'ogk- ,,
...... : .................. .
.......... : ........
~ S Z'-'T, L'"' .,~, ..... ~_ '~?::T; .... ::- ..~.- - 'T -- '
9gU ";::: '"'""'~,',~£L I S~- · "...
· ,~o~ 4 .~-~ Sbt .... :'.....+
OHW ~' '
LAKE M IN¢~N E T O N K A
Ordinary High Water elev.= 929.4 feet,
165-77
TORY
ME
top
Lot 4, Block 17,
"THE HIGHLANDS", Hennepin County, Minnesota.
Area of parcel is 8851 sq.ft (0.203 acres)
Area of proposed building = 1400 sq.ft
Area of prop.driveway = 800 sq.ft
Area of prop. walks = 100 sq.ft
The only easements shown are from plats of record or information
provided by client.
We hereby certify that this is a true and correct representation of
a survey of the boundaries of the above described land and the
location of all buildings and visible encroachments, if any, from or on
said land. rev. 11-20-05
Surveyed by us this 16th day of September 20 03
Total Hardcover = 2300 sq. ft
Percentage of Hardcover = 26.0%
Hardcover calculations are an appoximatization
and are subj/j~ to change with final bldg plans
Signed ·
7
Charles ~/Ar/derson, Minn. Reg. No21 53 or
Gregory R. Praseh, Minn Reg No. 2499~
Property Information Search by Street Address Result page Page 1 of 2
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i6185 ~
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(at least first 3 characters
iSinclair Road
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daily ~ionday - Friday) at approximately 9.'15 p.m. (CST)
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Parcel Data for Taxes Payable :)003
Click Here for State Copy of Payable 2003 Tax Statement
............... ~:~ .:..... ~ ...... ~ .~:~!.:~?~.:~ .~.~?!! ~::~. i~?il
23-117-24-34-00~2
6185 SINCLAIR RD
MOUND
277 Construction year: 1911
3 Parcel Size: IRREGUI
GRANT JOHNSON/JULIE JOHNSON
GRANT JOHNSON/JULIE JOHNSON
868 ST MORITZ
VICTORIA MN 55386
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: August, 2003
Sale Price: $499,000
Transaction Type: Vacant Land
Addition Name:
Lot:
Block: 017
Metes & Bounds: LOTS 3 & 4
Tax Parcel Description
THE HIGHLANDS
Abstract or Torrens: ABSTRACT
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:
$441,000
$285,800
$285,800
$3,601.05
http ://www2.co.hennepin.mn.us/pins/addrresult.~559_ 11/24/2003
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Last update: 11/05/2003 at h00 PM
READ IMPORTANT DISCLAIMER INFORMATION BELOW
Approximate PropertyApproximate Property
Property ID
Perimeter Area
23-117-24-34-0092 593 ft. 19,282 sq.ft. = 0.443
acres
Property Address Market Value Total Tax (2003)
6185 SINCLAIR RD
$ 441,000 $ 3,655.32
MOUND, MN 55364
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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
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information on this page should be used for reference purposes only. Hennepin County does not guarantee
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Please repod any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618
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-4562-
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-4563-
'This infbrmation sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning
Ordinance. For further information, contact the City of Mound Planning Department at 472-0600.
General Zoning Information Sheet
' R-2 ZOning District-,
~ . Single Family Residential, Two Family Residential and:Twin Homes
Building Height: Maximum 2Y2 stories .or thirty-five (35) feet in height;'~ Building Height is defined as'"the
vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat
rOof,'to' the deck line of a mansard roof, to a point on the roof directly ab0~e"the highest Wall of ashed ~rOof,`
to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable" on a
pitched or hip roof." ' '~ '' ~ ,. ;.~ ....
SINGLE FAMILY DWELLINGS - Lot Area, Lot Width, and Setback Requirements: : ....
,, , Minimum Lot Area ............................... ..,,..,.;, 6,000 square feet
Minimum Lot Width .............................. ~.:. ,.., .......... 40 feet
Front Yard Setback ........................... ' ................. .20 feet'
,, ,Side,Yard Setback ................................ "' ........... 10 feet*
.,,.:, Rear Yard Setback ............................................ , 15 feet*
Minimum Lot Depth ............................................ 80 feet
Lakeshore / Ordinary High Water Setback ............................. 50 feet
Minimum Floor Area Requirement: ............................ 840 square feet
Minimum lot frontage on an improved public street shall be 40 feet, except that lots fronting
: On a cul-de-sac shall be 40 feet at the front building setback line (i.e. 20 feet back from front
property line). *Applicable side or rear yard setbacks apply to lot lines abutting fire lanes or
' alleys not exceeding 15 feet in width.
TWo FAMILY DWELLINGS - Lot Area, Lot Width, and Setback Requirements: . ~,
~ ! , , .,~,~ ~; ,
', '~ ~':' ' 14,000 square_feet.,,:
Minimum Lot Area ................................. · ....
Minimum Lot Width ...................................... ...... : 80 feet
Front Yard Setback ............................................ 20 feet
Side Yard~Setback ................................. ;" ........... 10, feet*
Rear Yard Setback . . ..................... , ............ 15 feet*
50,feet ~
,;.~, ~La.keshore / Ordinary High Water Setback ......... , ...... '. · ' ......... .......... ,,~
Minimum lot frontage on an improved public street shall be 80 feet, except that lots fronting
on a cul-de-sac shall be 80 feet at the front building setback line (i.e.20 feet back, fro~fr, qnt
property line). *Applicable side or rear yard setbacks apply to 10t lines abutting fire lanes or
alleys not exceeding 15 feet in width. '" ....
LOTS OF RECORD - Special Provisions (Single Family & Two Family.):
Side yard setbacks for lots of record shall be six (6) feet unless the structure or site does
................. : n0t contain:a garage in which case, one side yard setback is required'to be ten (10)'feet
"'is'!a'ccOmmodate a driveWay access. ......... i .
LOT WIDTH MIN SIDE YARD SETBACK
Corner 40 - 50 feet 10 feet:)
Lots 51 - 80 feet 20 feet~ ~"~ ~':
81 feet or more 30 feet ~;~,~,, ~
,~ev. ~/97 -4564-
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
CITY OF MOUND
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www. cityofmound.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
Kandis Hanson, City Manager
Jim Fackler, Park Superintendent
November 20, 2003
Consent Agenda Items for December 9, 2003 City Council Meeting
Please add the following attached items to the Consent Agenda for the December
City Council meeting:
Request from DCAC for a moratorium on New Share Requests for the
2004 Boating Season
2. 2004 Dock Location Map Changes
Enc/dw
_pdnted on recycled paper
4565-
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www. cityofmound.com
TO:
FROM:
DATE:
RE:
MEMORANDUM
Mayor Pat Meisel and City Council//~
Jim Fackler, Parks Superintendent (~ ~
November 19, 2003
Request for Moratorium on New Share Requests for 2004 Boat
Season
Attached you will find a copy of a memo regarding the LMCD License Status, a
copy of a memo regarding boat counts, and a memo regarding the 2003 Season
Final Report. Following discussion on these memos at their November 18, 2003
meeting, the Dock and Commons Advisory Commission approved a
recommendation to request that the Council set a moratorium not to allow shares
for the 2004 season as a means not to exceed the limit of 590 Boat Storage Units
(BSU's) allowed by the City's current LMCD license.
A copy of the minutes from that meeting has also been attached.
CITY: OF MOUND
TO:
FROM:
DATE:
RE:
MEMORANDUM
DCAC
Jim Fackler, Parks Superintendent
Katie Hoff, Docks Administrator
October 29, 2003
LMCD License Status
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 4~72-0600
FAX: (952) 472-0620
WEER: www.cityofmound.com '
Attached you will find two memos regarding the 2003 boat count of 588. The City of
Mound Dock Program is currently licensed with the LMCD for 590 and we are,
therefore, just 2 boats short of our maximum. The Lost Lake Project is separately
licensed for 16 boats for a total combined license of 605 boats (30,300.Ln'ft)!Since the
trend has been an increase of approximately 20 boats per year,in the program and an
increase from 16 to 23 boats in the Lost Lake Project we now have a problem.
Staff recommends that the DcA~ begin exploring ways, to remain in compiiance
with the LMCD license for the 2004 boating season and beyond. Staff offers three
options:
Limit the number of boats allowed at the individual add multiple dOCk sites.
To limit boats throughoUt thb :dOCking systemI th'e DCAC will i~ave t° COnsider
how to limit boat registrations on 165 abutting docks, 167 non-abutting docks, 80
shared docks and 87 multiple slip docks.
Increase our current 30,300 Ln ft of claimed shoreline.
(29,500 Ln ft is for the 590 boats in the Docks Program and '800 In ft is for 16
boats for the Lost Lake Project.) Based upon~the 2002 Shoreline ,Study, the City
would be allowed to increase the claimed shoreline to 36,131 Ln ft, or 722 boats.
However, in order to do this, the City would have to apply for an "ApPlication for
Renewal With a Change" from the LMCD. This would oCen uP the entire Docks
Program for review by the LMCD and require public notices and feeS.
A combination of limiting boats and increasing claimed shoreline.
Determine if a combination of limiting boats and increasing claimed shoreline to.
provide a workable Dock Program and allow for the Lost Lake Project.'
P22
pn'nted on recycled p~er
-4567- ·
Staff is recommending for the 2004 season a moratorium be placed on allowing new
shares. We believe this will assist us in,:staying in compliance with our total licensed
boat count of 606. ~:':..,~" '.~
Cc: Kandis Hanson, City Manager
Carlton Moore, Public Works Director
-4568- P23
CITY OF MOUND
534.1 MAYWOOD ROAD
MOUND, MN,55364~~1687
PH: f952) 472-0600
FAX: (952) 472-0620
WE B: www. cityofmound.com
Me--Mm
From:
Date:
Re:
Jim Fackler
Katie Hoff ~
10/21/2003
Boat Counts - Year by Year
Below are the boat counts for the last several years.
Year
Number of Boats
2000
520 (Did not include Wood and Pt)
2001
545
2002
2003
564
588
P25
CITY: OF MOUND
Uen'K)l'ar UlTi ·
53~.1 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www. cityofrnound.com
DCAC
Dock Program Administration
11/12/03
2003 Season - Final Report
Docks not installed:
Non-abutters: 7
Abuffers: 5
Docks not,appearing used (non.abutters): 10
Number of new abutting residents: 7
Number of waiting list people placed in program this season: 13
Waiting list:
Current number on waiting list: 110
Number of 1st time appliqants: 44
Prior year,ajSplicants whb didn't renew aPPlication: 25
Shares:
Total # of shares: 80
# of 1 ~' year shares: 17
21 day Temporary Permits issued: 6
Number of boats found at doCk not On aPplicati0ti: 18
'Leffers sent:· :' '
Paperwork needed: 90
Dock APpearance:' 14
Commons Area Appearance: 8
$25 Fines enforCed: 8
Multiple Slips:, .
Voluntary Suspension of Permits: 2
Boats not at sliPs most/all of time: 6
printed on recycled p~er
-4570-
P21
'CITY OF MOUND
534 1 MAYWOOD ROAD
MOI,.JND, MN 55364-1687
PH: (952) 472-0600
FA)(;,: (952) 472-0620
WE R:'~.cityofmOund.com
Memorandum
From:
Date:
Re:
Jim Fackler
Katie Hoff [~
10/21/2003
Boat Counts
Below are the totals of boats by size and the grand total of 588 boats.
Boat Size
20 ft and less
Number of Boats
326
20.1 -24.0 166
24.1 - 32.0 92
32.1 and greater 4
Total 588
P2¢
printed on recycled paper
-4571 -
10.
11.
lower and middle income people in order to accommodate the "fat cats". The
gentleman who was for the multiple stated that he did have concerns over
parking, but that he sees the whole docks program as a blessing and a gift.
When asked who the final decision makers are, the DCAC and Fackler pointed
out to those present that it was not their goal to force anyone into the multiple
program. They stated that it comes down to interest; if there is some interest,
they may decide to do a smaller multiple. If there is no interest, nothing will
happen. Funk then thanked everyone for coming and suggested polling the dock
site holders again in order to get feedback from everyone involved in order to
make a decision on whether or not to go ahead with the A letter will be
sent to each dock site holder and the results will be on 2004 Agenda.
Discuss: Re¢ Bauer fi
Spaces (It should be noted that Mr. Bauer had
unable to attend the meeting.)
Dock
mt he would be
Motion by Funk to table this issue until
Second by Ahrens. Motion carried.
be in
Discuss: 2003 Final
DCAC asked Katie Hoff q~
Brief discussion followed.
the
she had provided.
Discuss:
Fackler
2004,
for 2004.
Discussion
the numbers are okay for
~005, so this needs to be an agenda item
not allow anymore shares.
to the Council that a moratorium be set to not
Second by Funk. Discussion followed.
Motio~
Motion
meeting 15 more minutes. Second by Ahrens.
More
moratorium issue followed. Motion carried.
Discuss: Map Changes
There was a brief discussion on the changes. Motion by Jones to accept the
2004 Dock Location Map changes. Second by Eurich. Motion Carried.
Review: Shoreline Lineal Footage Study
Faclder stated that when the new shoreline map is completed, he will have
copies made for all the commissioners. Fackler stated this should be done by
the first of the year.
-4572-
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:
Mayor Pat Meisel and City Council
Jim Fackler, Parks Superintendent
November 19, 2003
2004 Dock Location Map Changes
At their November 18, 2003 meeting, the Dock and Commons Advisory Commission
approved the 2004 Dock Location Map changes. A copy of the minutes from that
meeting, a copy of the dock map changes memo, and a copy of the City of Mound
Dock Program has been attached for your approval.
_printed on recycled paper
4573-
11.
lower and middle income people in order to accommodate the "fat cats". The
gentleman who was for the multiple stated that he did have concerns over
parking, but that he sees the whole docks program as a blessing and a gift.
When asked who the final decision makers are, the DCAC and Faclder pointed
out to those present that it was not their goal to force anyone into the multiple
program. They stated that it comes down to interest; if there is some interest,
they may decide to do a smaller multiple. If there is no interest, nothing will
happen. Funk then thanked everyone for coming and suggested polling the dock
site holders again in order to get feedback from everyone involved in order to
make a decision on whether or not to go ahead with the A letter will be
sent to each dock site holder and the results will be on 2004 Agenda.
Discuss: Request from Ronald Bauer
Spaces (It should be noted that Mr. Bauer had
unable to attend the meeting.)
Dock
he would be
Motion by Funk to table this issue until
Second by Ahrens. Motion carried.
rid be in
Discuss: 2003 Final Report
DCAC asked Katie Hoff q~
Brief discussion followed.
ling the
she had provided.
Discuss:
Fackler
2004, but
for 2004.
Discussion
the numbers are okay for
~005, so this needs to be an agenda item
to not allow anymore shares.
to the Council that a moratorium be set to not
Second by Funk. Discussion followed.
Moti¢
Motion
meeting 15 more minutes, Second by Ahrens.
More
moratorium issue followed. Motion carried.
Discuss:
There was a brief discussion on the changes. Motion by Jones to accept the
2004 Dock Location Map changes. Second by Eurich. Motion Carried.
Review: Shoreline Lineal Footage Study
Fackler stated that when the new shoreline map is completed, he will have
copies made for all the commissioners. Fackler stated this should be done by
the first of the year.
-4574-
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
CITY OF MOUND
PH: (952) 472-0600
FAX: (952) 472-0620
.WtEB: www.cityofmound.com
Ue um
From:
Date:
Re:
'DCAC
Katie Hoff, Jim Fackler
10/29/2003
2004 Dock Map Changes
Below you will find a chart that lists the Dock Map Changes for the 2004
season. Also attached, is the 2004 Dock Location file. If you have any
questions please contact us.
AbuttJ Land Commons
Rec# Site # Non Type Name Type Slip Size Misc Information
1 00195 n D Dove Lane Removal due to private property setbacks
2 00215 n D Dove Lane Removal due to private property setbacks
3 '10220 n D Cresent Prk Removal due to close proximity to public landing
4 30330 n D Emerald Removal of site at non-renew"a! due to congestion/setbacks
P26
printed on recycled paper'
-4575-
City of,MOUnd Dock Program
AbuttJ Land Commons
Rec# Site # Non Type Name Type Slip Size Misc Information
1 00010 n D :Avocet
2 00050 n D :Avocet
3 ..,00070 n D Rvocet
4 )00125 n D Bluebird
5 00145 n ,:; D [Oanary '.'
6 00195 n D Dove Lane Removal dueto private property setbacks
7 00215 n D I Dove Lane Removal due to private property setbacks
8 00235 n D Dove Lane
9 002~5 n DI Dove Lane
10 00275 n D Dove Lane
11 00295 n D Dove Lane
12 00315 n D Dove Lane
1.3 00335 . n D Dove Lane ·,
14 00385 n D Do~e Lahe
is 00400A n D Bluebird South Slip 18 x 8
16 00400B n D Bluebird South Slip 18 x 8
17 00685A n D Woodland Rd Slip 20 x 8,5
.jS 0061~5B n D Woodland Rd Slip 20 x 8.5
19 01685A n D Bluebird North Slip 24 x 10
20 01685B n D Bluebird North Slip 24 x 'JO
21 01685C r I n D Bluebird North Slip 24 x 10
22 016850 n D Bluebird North Slip 24 x 10
23 01952A n D Dove Lane Slip 20 x 8.5
24 ' 01952B n D Dove Lane Slip 20.x..8:5
25 01952C n D Dove Lane Slip 16x6
26 019520 n D Dove Lane Slip 16x6
27 02150A n D Eagle Lane Slip' 24x10
28 02150B n D Eagle Lane Slip 24 x 10
29 02150C n D Eagle Lane Slip 24 x 10 .,,
30 ~ 021500 n , ,D Eagle ,Lane Slip 24 x 10
31 02360A n D Finch Lane Slip 24 x 10
'32' 02360B n D Finch Lane Slip 24 x 10
33 02360C n D FinchLane Slip 24x10
34 02360D n D Finch Lane Slip 24 x 10
38 '= -02545A n D Gull Lane Slip 24 x 10
38 02545B n D Gull Lane Slip 24 x 10 ..
37: 02655 ' a D ': Pebble Bch '
38 ~ 02635 n D Pebble Bch ....
39 02665 n D Pebble Bch
4O, 02695 a D Pebble BCh
41 02720 n D pebble Bch
42 02750 n D Pebble BCh
43 02810 n D 3 Pts .
44~ 02840 n D 3 Pts
451 02870 n D 3 Pts
48 02900 n D 3 Pts
47 O:~930 n D 3 Pts
04070 ' '
48 I1 D Beachslde N
i49 i04110 n D iBeachsideN
DoCk Map Changes for 2004; 2004 Page 1 of 9 10/2'9/2003
-4576-
P27
P28
· City of MoUnd Dock Program
Abut1/ Land Commons
Eec# Site # Non Type Name Type Slip Size Misc Information
50 1OO20 n .D Shorewood I_~
Sl 10066A n D 'BeaCh~ide S Slip 24x-9
52 10066B n D BeachsideS sr~ 24x9
53 10066C ri D Beachside S Slip 20 x 8
54 10220 n D Cmsent Prk Removal due to close pmximlty to Public landing
55 10250 a D CresentPrk ,
56 10280 a D ICresent Prk .
57 10310 a D 'Cresent Prk
58 10340 n D Cmsent Prk
59 10370 a D Cmsent Prk
S0 10400 n D Cresent Prk
61 10430 n D Cresent Prk
62 10460 a D Cresent Prk
83 10490 n D Cresent Prk
64 10520 a D Cresent Prk
65 10550 a D Cresent Prk
66 10580 n D Cresent Prk
67 10610 'a D Cresent Prk
68 10640 a D Cresent Prk
69 ·10670 a ' D CresentPrk
70 10700 a D rCresentPrk
71 12430 n D Wren (street)
72 12490 a D Wiota
73 ~'2520 n D Wtota
74 12550 a D rWiota
7S 12580 a D tNiota
7S.,12615 a D Wiota
77 12640. n D Wiota
78 12670 n D Wiota
79 12700 n D Wiota
8o 12730 n D Wi0ta ~
81 12760 a D Wiota
....S2 12790 n D Wiota
83 12820 a D Wiota
· 84 12850 n D Wiota
85 12880' a D Widta
86 12910 n D Wiota
87 ;12940 n O Wiota
SS 12970 a D Wlota
89 13000 n D Wiota
9O 13030 n D Wiota
· 9'113060 n' D ~ota
~2 13090 a D Wiota
93 13120 n D Wiota
94 13150 n D Wiota
9S 13180 a D Wiota
96 ~ n D Wiota
97 13240 n D Wiota
9S 13270 n D Wiota
Dock Map Changes for 2004; 2004 Page 2 of 9 10/2912~303
-4577-
'City of Hound Dock Program
AbutU Land' Commons
Rec# Site # Non Type Name Type Slip Size Misc Information ·
99 13300 a D Wiota
100 13330 n D Wiota
101 13360 a D Wiota
102 ;133g0 n D Wiota
103 13420 n D w]°ta
104 13450 n D
t05 13480 a D Wiota
10S, 13510 n D Wiota
107 13540 n .D Wiota
108 :13570 n D
,10~ 13600 n D W~ta
110 i 13630 n D Wiota
lll 113660 n D W3ota
112 13690 a D W'mta
113 13720 n D Wiota
114 13750 n D Wtota
115' 13780 n D Wiota
11e 13810 a D Wiota
117 20050 a D Peabody
llS !20160 n D Waterbank
llg ;20190 n D Waterbank
120 20220 ri D Waterbank
121 120250 n D Waterbank
122 i20280 a D Waterbank
123 120310 n D Waterbank
124 20340 a D Waf-erbank
125 20370 a D Waterbank
126.20400 n D Waterbank
127 20430 n D Waterbank
128 20460 n D Waterbank
129120490 n D waterbai~k
i'3020520 n D Waterbank
131 20550 n D Waterbank
132 20580 n D WateCoank
1-33~ 2061,0 n D Waterbank
134:20640 n D
'13S'~ 20670 a D WateCoank
138120700 n D Waterbank
137~20730 n D Waterbank
138:20760 n D Waterside
139 20790 n D Waterside
140 20810' n O Waterside
141 26830, n [:) Centerv~
142"20860 n D Centerview
143 20890 n D Cente~ew
i44 20920 n D Centerview
1'45 20950 n D Centerview
146 20~80 ~n. D
147 21110 n D Centerview
DOCk' Map Changes for 2004; 2004
Page 3 of'9 '
1.0/29/2003
-4578- P29
City of Mound Dock program
P30
Abutt/ Land Commons
Rec~ Site # Non Type Name Slip Size Misc Information
148 21140 n D Cen~r_W~iew · [ ,, ,
149 21170 n D ~Centerview ......
15o 21200 n D Ce~te. rview
151 21230 n D Centerview
152 22180 a D Waterside ,,
153. 22200 n D Waterside
154 22220 n . D Waterside
155 22240 n D Waterside
155 22260 n D Waterside
157 22330 n D Waterside
· 155 22360 a D Waterside
159 22390 n D Waterside
16o 22'420' n D Waterside
161 22450 ri D Waterside
162 22480 a D Waterside
163 22510 n D Waterside
154 22540 n D Waterside
165 22570 n D Waterside
166 22600 a D Waterside
167 22910 a D Morton
168 22990 a D North Park
159 23050 a D Nerth Park
170 23070 n D North Park
171 23090. a D Fairview
172 23150 a D Fairview
173 23200A n D Fairview Slip 27.5 x 10 .
174 23200B n D Fairview Slip 24 x 10
175 23200C n D Fairview Slip 24 x 10
176 23200D n D Fairview Slip 27.5 x 10
177, 23200E n D ,,Fairview Slip 18 x 8
178 23275 n D Cha~eau
179 23325 n D Arbor
~ ,!.8o 30020 n D Norwood
181 30100A n D Carlson Prk Slip 24x 10
.ls~_ 30100'B n O Carl?on Prk Slip 24 x 10
163 30100C n D Cadson Prk Slip 24 x 10
194 30~i00D n D Carlson Prk Slip 24x10
1ss 30100E n D Carlson.Prk Slip 24 x 10
186, 30100F n D Carlson Prk Slip 24 x 10
187 3010d~ n D Carlson Prk Slip 24 x 10
188 30100H n D Carlson Prk Slip 24x 10
'1s9' 301001 n D Carls0n, Prk Slip 24x 10 ' ' '"'
190 30100J n D Carlson Prk Slip 24 x 10
191 30. ,100K n O Cadson Prk Slip 24x10
192. 30100L n D Cadson Prk Slip 24 x 10 ,...
193 30250 n D Inwood
1-94 30300 n -D Ayon ·.,
195 30330 n D Emerald Remove site at non-renewal dde to congestion/setbackS.:
196 30350 n D EmeraId
Dock: Map Changes for 2004; 2004 Page 4 of 9 10/2912003
-4579-
· Ci~/of MoUnd Dock :Program
Abutt/ Land Commons '
Rec # Site # Non Type Name Type , SliP Size Misc I'nformatior
197 30370 ' n D Emerald
198.30460 "a C 1.;Ongfo'rd. Rd
199'305'10 ..... .a C ILongford Rd
2oo 30590 .... .a c LongfordRd
201 30670 ' ' a c Longford Rd ·,
2ca 30950A a c Longford Rd
204 30950B a c LongfordRd
205 309500 a C Longfo~l Rd
2o6 30950D a c Long,oral Rd .,
.20730950E a c ,Longford Rd
2ce 30950F a c Longford Rd
209 30954A a c Longford. Rd
2101 30954B a C Longford Rd
21'1"3~i 210 a D Kenmore
212 31240 a D Kenmore ~
213. 31270 a D Kenmore
214 31300 n D Kenmore
215 31330 n D Kenmore ' .'
216 3'1360 a D Kenmore
217 31390 n D Kenmore
218 31420 n D Kenmore :
219': 31450 a I D~ Kenmore
220 31480 n D Kenmore '
221 31510 n D Kenmore
222 3154'0' a D Kenmore
223 31570 n D Kenmore ·
224~31600 a D Kenmore ~
225 31630 n D Kenmore
31680 n D ExCelsior
227 31710 n D EXcelsior '
228 31740 n D EXcelsior
229 31770 a D Excelsior :~ '
230' 31800 a D Excelsior
-~31 ·31830 n D Excelsior
232 31860 n D Ex~lsior '
233 '3'i890 a D ExCelsior
31920 n D EXCelsior
2351 31980 n D Excelsior
237: 32010 n D .Exoels~r ,
2381 32040 a D Excelsior
239 32070 n D Excelsior
240:32100 n D EXcelsior
241 32130 a D EXcelsior
242'32160 a D Excelsior
Z43 32190 n D EXcelsior
244' 32220 n D EXcelsior ,
245 !32250 n D Excelsior
Map Changes for 2004; 2004 Page 5 of 9 10/29/2003
-4580-
P31
City of Hound Dock program,,
Abutt/ Land Commons ·
Rec# Site # Non Type Name Type Slip Size Misc Information·
246 32280 , a D .Excelsior
247 32310 n D Excelsior
248 32340. n O Excelsior
249 32600 n e Keels
25O 32670 a D Stratford Lane
25~'32710 ...... ! a D Stratford Lane
252 32750 a D StratfOrd Lane
253 32790 a D Stratford Lane
254 32820 a D Stratford Lane
255 32940 a D Stratford Lane .
256 33287 n D Stratford Lane
257 33347 a D Stratford Lane
258 33407 a D Stratford Lane
2,59 33447 a c stafford Lane
260 33487 a c Stratford Lane
281 33525 a C Stratford Lane
262 40550A n D Avalon Prk Slip 35,5 x 10
263 40550B n D Avalon Prk Slip 32 x 10
284 40550C n D Avalon Prk Slip 32 x 10
265 40550D n D Avalon Prk Slip 32 x 10
2aS 40550E n D Avalon Prk Slip 32 x 10
267 40550F n D Avalon Prk Slip 35.5 x 10
268 40550G* - n D Avalon Prk Slip 32 x 10 * 5/28/02 CC apprvd temporarY site until non-reneWal
269 40550H* n D Avalon Prk Slip 32 x 10 * 5/28/02 CC apprvd temporary site until non-renewal
270 405501 n D Avalon Prk Slip 75 sq ff
271 40550J n D Avalon Prk Slip 75 sq it
272 40820A n B Schervan Prk Slip 27.5 x 10
273 40820B n S Schervan Prk Slip 24 x 10
274 40820C n s Schervan Prk Slip 24 x 10
275 40.820D n s Schervan Prk Slip 24 x 10
276 40820E n B Schervan Prk Siip 24 x 10
277 40820F n s Schervan Prk Slip 24 x 10
.._2_78 40820G~ , n B Schervan Prk Slip, 27.5 x 10
279 40820H n B Schervan Prk Slip 18 x 8
28o'- 408201 n. a Schervan Prk Slip 18 x 8
281· 40945 a B DeVon
282. 40995 a B Devon
283 41050 a B Devon
284 41110 a C Oevon
285 41140 a c Devon .
286 4:1170 a c Devon
287 41227 a , c Devon
288' 4'i272' a c Devon
289 41319 a c Devon
290. 41377 a C DeVOn
291 41437 a c Devon
292 41650 a c Devon
2~3 4;1750 a c D~von
294 41854 a C Devon
P32
Dock Map Changes for 2004; 2004
Page 6 of' 9
-4581 -
10/29/2003
-City of Mound 'Dock PrOgram
Abutt/ Land Commons
Rec# Site # Non Type Name Type Slip Size Misc Information
295. 1933 a C n ·
296' 42008 a, i c Devon .... i,' ....
297 '42059 n D Devon
2-9140 ' .
2981 , 'a C Devon · -.... · : ;::~,::, ' -:'.
299. 42121 a c Devon
~' 42172 a c ~ton
301. 42227 a C Devon
302 42277 a C Devon
303 42314 a C
304, 42351 a C Devon ,
305 42406 a c Devon
3O6 42461 a C Devon
307 42511 a c Devon
308 42556 a C Devon
.3o9,42586 a c Devon .
310 42626 a C Devon
31t 42691 a B Devon '
312 42791 a B Devon
313 42800A n ,B Devon Mult Slip 27.5 x 10
314 42800B n B , Devon Mult Slip 24 x 10 '
315 428000 n a Devon Mult Slip 24 x 10
316 42800D n B Devon Mult Slip 24x 10
317 42800E n B Devon Muir Slip 24 x 10
318 42800F n s Devon Mult Slip 27.5 x 10. '
319 42961 a B Devon ·
320' 4302d' a B Devon
321 43080 a C Devon
322,,, 43120 a C Devon
323, 43180 a C Devon
32~ 43235 a c Devon
3251 43300A n !~ Amhurst Mult Ii 27;'5 x 10
326'.', 43300B n B Amhurst Mult Slip, 24 x 10
3271 43300C n i B Amhurst Mult Slip 24 x 10 '
328 43300D n B Amhurst Mult Slip 27.5 x 10
329..~3420 , .a S Devon ·
330. 434,50 a C DeVon
331.;43520 a , c Devon ' " "':
33243575 a c Devon .,,r :.,".
333 43647 a c Devon :'~;'
334 43727 a c Devon .
.~ 43770 .' a c .~DevOn-
336 43800 a c DeVon .
337 ~3840 a c Devon
338 43882 'a c Devon
3391 . , a c Devon
44002 .
34o: , . ~ a , . C Devon.,
341 Zl4097 a C Devon
342 44160 a C ~von
343 44193 a C Devon
DOCk Map Changes for 2004; 2004
page 7 of, 9
-4582-
10/29/2003
P33
P3'4
City of, Mound Dock P ram
AbutfJ Land Commons
Rec# Site # Non Type Name Type Slip Size Misc Information
344 44243 a c. Devon
348 ~.~.~.08 a c Devon
346 50238A n D Waterbury Slip 24 x 8
347 50238B n D Waterbury Slip 24 x 10
348 50238C n D Waterbury Slip 24 x 10
349 50~38D n D W,aterbury Slip 24 x 8 '-"
38o 50400 a D Brighton Blvd
351 50430 n D Brighton alvd .
352 50460 a D Bdghton Blvd
3~3 50'490 a D Brighton Slvd
354 50520 a D Brighton Bird
355 50550 a D Brighton Blvd
356 50580 n D Brighton Blvd
357 50610 n D Brighton Blvd
358 50640 a D Brighton Blvd
359 50670 n D Brighton B~d
360 50700 a D Bdghton Blvd
361 50760 n D Brighton Blvd
362 50790 a D Brighton
363 '50820 a D Brighton
364 50850 ri D Brighton
365 50880 n D Brighton
366 50910 a D Bdghton
367 50940 n D Brighton ·
368 50970 a c Brighton
369 51030 a C Brighton .,,
370 51105 a c Brighton
371. 51135 a C Brighton
372 51~19'5 a c Brighton
373 51315 a c Bdghton
374 51375 a c Brighton
~3~S 51435 a C Brighton
.~376 51495 a c er~hton
377 5,1555 a C Brighton
378 51675 a c Brighton
379 51705 n A Brighton
38o' 5,1 35 a c Brighton
381 51795 a c Brighton
382. 51850' a C Bdghton
383 5'i'885 n o Brighton
384 54940 a D Lost Lake 5446 Bartlett"Blvd-New site added in Spdng 2003
549'70 n D ·
385 55(~00 n D Lost Lake
388 55030 n D Lost Lake ....
387. 55060 n D Lost Lake .... ..
388 55090 , a D Lost Lake .
389 551'20 n D Lost Lake
a D Lost Lake
391 55180 n D Lost Lake
Dock Map-Changes for 2004; 2004 Page 8 of 9 10/29/2003
-4583-
City of Hound Dock Program
site#
AbuttJ Land Commons
Non~ TYpe Na'~e Type SliP SiZe MiSC lhformation ~ ·
60640 ........ "
392 ri D Idlewood ,:
393 60685 ri D Idlewood
394 60765A n D TwinYark .............. Slip 27.5x10
395 60765B n D Twiri~Park ': ........ Slip 24 x'i0
395. 60765C n D TwinPark ..: Slip 24x10
398 60835A n D Highland Prk SI!p 27.5 x 10
399 60835B n D Highland Prk ...... SliP 24 x 10
400 60835C n D Highland Prk Slip 24 x 10
401 60835D n D Hig, hlartd Prk Slip 24 x 10
4.02 60835E n D Highland Prk Slip 24 x 10
403 60835F n D Highland Prk Slip 27.5 x 10
404 60835G n D Highland Prk Slip 75 sq ff
4O5 60835H n D Highla,nd Prk Slip 75 sq
405 60940 a D Highland Prk
407 60~65 a D Highland Prk
408 61010 n D Ridgewood
409 61030 n D Ridgewood
410 61050 n D ~Ridgewood
411 61090 n D ;Ridgewood
412 61110 n D Ridgewood
r
413 61150 n D IRidgewood
414 6:1190 n D l, Lagoon Prk I'
415 61215 n D [LagoonPrk
416 61'240 n D Lagoon Prk
417 61265 n D Lagoon Prk
DOdk Map ci3a%es for 2°04; 2004
Page 9 of 9
-4584-
10/29/2003
P35
December 5, 2003
Ms. Kandis Hanson
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1627
SUBJECT:
City of Mound
Lost Lake Greenway
S.P. 145-090-01 TEAX 2700 (28)
Partial Payment
MFRA #13566
Dear Kandis:
Enclosed is Environmental Associates Payment Request No. 3 for work completed through
November 26, 2003 on the subject project. The amount of this payment request is $112,884.44.
Also included is Supplemental Agreement No. 2 in the amount of $55,299.08 for extra expense
associated with the disposal of excavation containing foreign material. A substantial amount of
excavated material contained construction debris, such as concrete, bituminous and miscellaneous
metal which could only be disposed of at a landfill. We also encountered debris that had to be
handled as potentially hazardous and disposed of as contaminated material at a MPCA approved
landfill. This latter material came from the City owned property at the east side of the channel. The
project has a sufficient contingency to cover this additional expense.
We have reviewed this request, find it in order, and recommend payment in the above amount to the
Contractor.
If you have any questions or need additional information, please contact me.
Sincerely,
MFRA
John Cameron, City Engineer
JC:rth
cc: Gino Businaro, Finance Director
Enclosure
s:~nain:\mou13566\correspondence\part-pay12-5
-4585-
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-4586-
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-4588-
-4589-
-4590-
CONTRACTOR:
PROJECT NAME:
STATE PROJECT NO.:
FEDERAL PROJECT NO.:
PROJECT LOCATION:
SUPPLEMENTAL AGREEMENT NO. 2
Environmental Associates, Inc.
770 North Business Highway 71
Willmar, Minnesota 56201
LOST LAKE GREENWAY
S.P. 145-090-01
TEAX 2700 (28)
MOUND, MINNESOTA
Whereas, the City of Mound has entered into a contract to construct the Lost Lake Greenway using
Federal and Local funds;
Whereas, the approved plans included quantities for Common Channel Excavation;
Whereas, soil borings where taken that indicated the area of excavation was previously filled and
which could be removed and disposed of as clean fill;
Whereas, a portion of the excavated material contained construction debris, i.e., concrete,
bituminous and miscellaneous metal which had to be disposed of at a landfill; and,
Whereas, additional excavated material was contaminated and required special handling and disposal
at an approved landfill.
NOW, THEREFORE IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The disposal of said construction debris necessitated additional cost,
2. The disposal of said contaminated material required special handling and additional cost,
3. The cost of said Supplemental Agreement are as follows:
ESTIMATE OF COST
ADD
UNIT
ITEM NO. ITEM UNIT PRICE
2105.515 Unclassified Excavation C.Y.
2105.607 Haul and Dispose of C.Y.
Contaminated Material
TOTAL ADD
SUPPLEMENTAL AGREEMENT NO. 2 TOTAL
QUANTITY
AMOUNT
$ 29.00 1,522 $ 44,138.00
$ 54.18 206 $ 11,161.08
$ 55,299.08
$ 55,299.08
-4591 -
Page 1 of 2
BY:c~
Dated:
By:
Pgroject Engineer '
City o/f Mound
By:
Mn/DOT - Assistant District Engineer
Funding Purposes Only
Dated:
Dated:
s:~raain:h'nou 13566kcorrespondenceKSupplemental aggrement-no2
-4592-
Page 2 of 2
WESTONKA HISTORICAL SOCIETY
3008 itighview Ln.
Mound, MN 55364
952 472-4893
December 5, 2003
The Westonka Historical Society wishes to renew the contract with the City of Mound to rent the
basemem of the Depot for the year 2004. Enclosed is $300.00 for said lease.
Thank you.
Susan Cathers, President
Westonka Historical Society
Enclosure.
-4593-
LICENSE
Dec~mber 12, 2002
THIS INDENTURE of License, dated as of the [~'+~ day of December, 2002, by and
between THE CITY OF MOUND, a Minnesota municipal corporation, hereinatier referred to as
"Grantor", and the WESTONKA HISTORICAL SOCIETY, a Minnesota non profit corporation,
hereinafter referred to as "Grantee".
DEFINITION:
"Licensed Premises" -The area within the basement of the Mound Depot building,
located at 5801 Bartlett Mound, Minnesota containing approximately 340 square feet of space,
and which area is depicted in Exhibit "A" attached hereto and made a part hereof.
TERM; EARLY TERMINATION:
1. a. Term. In consideration of Grantee's performance of Grantee's obligations
under this License, Grantor hereby Licenses the Licensed Premises. to Grantee for a term
commencing on January 1, 2003 (the "Commencement Date") and expiring on the first
anniversary date (the "Expiration Date"), unless sooner terminated as provided for in this
License. At Grantee's option, upon written notice to Grantor given no later than one month prior
to the Expiration Date, Grantee may renew this License for an additional term of one year,
subject to all other provisions of this License.
b. Termination. Ih addition to the fight to termination contained in Section 9,
this License may be terminated by either Grantor or Grantee at any time. Such termination of
this License will be effective 30 days following the giving of notice to terminate this License. If
the License is terminated by Grantor for reason other than contained in Section 9, the Grantee
will be refunded a prorata portion of the License fee.
LICENSE FEE:
2. License fee. On or before the Commencement date, the Grantor shall pay the
Grantor as and for the annual license fee the amount of $300. At the time of any annual renewal
of this License, the Grantor shall be entitled to increase the License fee in an amount equal to the
increased costs and expenses incurred by Grantor in owning the Licensed Premises. Payment of
the License fee shall be made to the City of Mound, 5341 Maywood Road, Mound, Minnesota
55364.
JBD-224724vl
MU220-6
1
-4594-
USE RESTRICTIONS:
3 Grantee shall use the Licensed Premises as and only for storage of artifacts
including, without limitation, usual papers, historical books, tools, and photographs; and as work
space for cataloging items and creation displays. Grantee shall not use the Licensed Premises for
the storage, handling, transportation or disposal of any Hazardous Substance, Hazardous Waste,
pollutant or contaminant as those terms are defined in 42 U.S.C. § 9601 et. seq. (CERCLA) or
Minn. Stat. Ch. 115B (MERLA).
UTILITIES AND OPERATING COSTS:
4. The License fee is intended to cover all charges for reasonably anticipated use of
water and sewer, garbage and refuse removal, electricity and any other utility services furnished
to the Licensed Premises. The Grantor reserves the right to separately charge the Grantee for
any extraordinary utility usage by Grantee.
MAINTENANCE AND REPAIR OF THE LICENSED PREMISES:
5. Grantee shall, at all times throughout the term of this License, and at its sole
expense, clean, keep and maintain the Licensed Premises in a condition of good and safe repair.
ALTERATION OR IMPROVEMENT OF THE LICENSED PREMISES:
6. Grantee shall not make additions or improvements in or to the Licensed Premises
without Grantor's prior written consent.
INDEMNIFICATION; COVENANTS TO DEFEND AND HOLD HARMLESS:
7. Grantee represents as follows:
a. It has inspected the Licensed Premises, is fully aware of their nature and
condition, and has independently determined that the Licensed Premises are suitable for the
intended purposes without the need for any repairs, alterations or modifications.
b. It is aware that the Licensed Premises are not separated or partitioned from
the other areas in the basement, that the other areas of the basement are accessed and used by
others, including but not limited to employees of the Grantor, that the entire basement shares a
single common access through a common doorway, that others, including but not limited to
employees of Grantor will have keys to the doorway, and that Grantor has no duty to Grantee to
control, limit or otherwise restrict access to the basement.
c. It is aware that the Grantor does not, nor will it have insurance which
would cover the loss, damage or destruction of items kept by the Grantee on the Licensed
Premises or any improvements made by Grantee to the Licensed Premses.
JBD-224724vl
MU220-6
2
-4595-
On the basis of the foregoing, and 'to induce the Grantor to enter into this License, the
Grantor accepts the Licensed Premises AS IS and with all defects, and agrees that Grantor will
not be holden or liable for any loss or damage which may be sustained by the Grantee by reason
of any condition of the Licensed Premises, including, without limitation, freezing, bursting,
overflowing or defect in any water, sewer, gas or steam pipes, closets or sinks in or about the
Licensed Premises or from premises overhead, nor from any loss or damage which directly or
indirectly may be sustained by water, damp, sewer or gas, nor for loss or damage caused by
water, ice or snow from walls, roofs floors or otherwise, nor for loss or damage by reason of the
present or future condition of repair of said Licensed Premises, or from acts or omissions by
Grantor or its agents.
8. Grantee releases and holds Grantor harmless from and will indemnify and defend
Grantor against any claim or liability arising in any manner from Grantee's use, improvement or
occupancy of the Licensed Premises, or relating to the death or bodily injury to any person or
damage to any personal property present on or located in or upon the Licensed Premises,
including the person and personal property of Grantee's employees and all persons in or upon the
Licensed Premises at Grantee's invitation or sufferance.
DEFAULT OF GRANTEE:
9. a. Events Of Default: The occurrence of any one or more of the following
even'ts shall constitute an Event of Default:
(1) Grantee's attempt to sublicense any portion of the Licensed Premises, or
assign its interest under this License;
(2) Grantee's failure to fully perform any of Grantee's obligations, which
failure remains uncured for thirty (30) days following Grantor's written notice to Grantee
of Grantee's failure to perform such obligation.
a. Grantor's Remedies: If an Event of Default occurs, Grantor shall have the
following remedies;
(1) Grantor may terminate this License by written notice to Grantee in which
case Grantee shall vacate the Licensed Premises. Such termination shall be effective 15
days following the date of giving notice.
(2) In addition to all other remedies of Grantor, Grantor shall be entitled to
reimbursement upon demand of all reasonable attorneys' fees which Grantor incurs in
connection with any Event of Default.
(3)
License.
Grantor may initiate legal proceedings to enforce the provisions of this
JBD-224724vl
MU220-6
3
-4596-
No remedy provided for herein or elsewhere in this License or otherwise available to Grantor by
law, statute or equity, shall be exclusive of any other remedy, but all such remedies shall be
cumulative and may be exercised from time to time and as often as the occasion may arise.
GENERAL:
10. Grantor's Disclaimer of Warranty: Grantor disclaims any warranty or
representation regarding the condition of the Licensed Premises, or that the Licensed Premises is
suitable for Grantee's use.
a. Relationship of Grantor and Grantee: The License does not create the
relationship of principal and agent or of partnership or of joint venture Or of any association
between Grantor and Grantee, the sole relationships between the parties hereto being that of
Grantor and Grantee under this License.
b. Entire Agreement and Amendment: This License and the Exhibits
attached hereto and forming a part hereof, constitute the entire agreement between Grantor and
Grantee affecting the Licensed Premises and there are no other agreements, either oral or written,
between them other than said documents and as are herein set forth. No subsequent alteration,
amendment, change or addition to this License shall be binding upon Grantor or Grantee unless
reduced to writing and executed in the same form and manner in which this License is executed.
11. No Claim Upon Termination. Grantee acknowledges that Grantor is willing to
enter into this agreement and provide the Grantee the use of the Licensed Premises only because
Grantee, in addition to performing its obligations hereunder, waives any claim it may have based
'upon Grantor's termination of this Agreement whether based upon the value of the License, or
for any other reason known or unknown at this time.
IN WITNESS WHEREOF, the Grantor and the Grantee have caused these presents to be
executed in form and manner sufficient to bind them at law, as of the day and year first above
written.
GRANTOR:
CITY OF MOUND
Katfdis M. Hanson
Its: City Manager
GRANTEE:
WESTONKA HISTORICAL SOCIETY
/
JBD-224724vl
MU220-6
4
-4597-
EXHIBIT A
,Legal Description of the Licensed Premises
A-I
,I
-I
q.4",,,/<-2
4..67...)
-4598-
h A
RTERED
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://www, kennedy-graven.com
December 4, 2003
Kandis Hanson
City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
ROBERT J. LINDALL
Attorney at Law
Direct Dial (612) 337-9219
Real Property Law Specialist,
Certified by Minnesota State Bar Assn.
VIA FACSIMILE
952-472-0620
AND U.S. MAIL
Re:
Realignment of Hennepin Coun _ty Road 15 - Exchange Agreement with Xcel Energy
Conveyance of Lots 27 and 28, Koehler's Addition to Xcel in Exchange for Lot 32 and East
17.4 Feet of Lot 33, Koehler' s Addition
Dear Kandis! ~; ~
We anticipate that the exchange agreement which we mailed to you on December 3, 2003, will be totally
agreed upon before Tuesday, December 9, 2003. It provides for closing to occur on December 29, 2003.
Harold Bagley, attorney for Xcel Energy, is retiring December 31, 2003, so we wish to finalize the
agreement before his retirement.
Lots 27 and 28 were acquired by the City from Balboa for the purpose of conveyance to Xcel in
exchange for Lots 32 and the east 17.4 feet of Lot 33, Koehler's Addition. The property now owned by
Xcel is west of the Xcel substation. The property owned by the City is immediately east of the
substation.
Please place the agreement on the City-Council agenda for approval at the meeting of December 9. If
there are changes in the agreement before City Council consideration, I will forward those changes to
you. If you have any questions or concerns, please call me. Thank you.
Robert J. Lindall
RJL:Peb, ~ . c
Cc: ;!'c~rito~*M0°re
John Cameron
i ~' 'John Dean
RJL-241191vl
MU200-92
-4599-
EXCHANGE AGREEMENT
THIS AGREEMENT, made and entered into this __ day of December, 2003, by and
between CITY OF MOUND, a Minnesota municipal corporation ("City") and NORTHERN
STATES POWER COMPANY, a Minnesota corporation, dba XCEL ENERGY ("Xcel").
WITNESSETH:
1. Description of Lands Exchanged. City and Xcel, in consideration of the covenants
and agreements of each other hereinafter contained, hereby sell and agree to exchange and convey
unto each other, their successors and assigns, by warranty deed, accompanied by an abstract of title
or an Owner's Duplicate Certificate of Title and registered property abstract and Seller's affidavit,
upon the prompt and full performance by each other of their part of this Agreement, certain tracts of
land lying and being in the City of Mound, County of Hennepin, State of Minnesota. City shall
convey to Xcel the real property which is legally described on Exhibit A attached hereto and
incorporated herein (the "City Property"). Xcel shall convey to City the real property which is
legally described on Exhibit B attached hereto and incorporated herein (the "Xcel Property"). With
respect to the City Property, City shall be deemed the "Seller" and Xcel shall be deemed the
"Buyer" for the purposes of this agreement. With respect to the Xcel Property, Xcel shall be
deemed the "Seller" and City shall be deemed the "Buyer" for the purposes of this agreement. All
references to the "Property" hereunder shall be deemed to refer to either the "City Property" or the
"Xcel Property" as applicable.
2. No Additional Consideration. Neither party shall pay any consideration to the other
party hereunder except conveyance of the exchanged properties and payment of $10,000.00 to Xcel
by City at Closing for the purpose of offsetting Xcel's estimated substation expansion development
costs which exceed what it estimates it would have incurred to expand its substation onto the Xcel
Property. The parties recognize that this Agreement was negotiated under threat of condemnation
by the City.
3. Warranty Deeds. The Warranty Deed to be executed and delivered by the Seller to
the Buyer at the Closing Date for the Property shall be subject only to the following exceptions:
(a) Building, zoning and platting laws, ordinances and state and federal regulations;
Co) Reservation of any minerals or mineral rights to the State of Minnesota;
(c) Utility and road easements of record that do not interfere materially with the use or
development of the Property by Buyer;
(d) The lien of real estate taxes not yet due and payable;
(e) The lien of special assessments of record and all pending assessments to the extent
they are the obligation of the Buyer pursuant to Paragraph 4 of this agreement; and
(f) Any lien, claim or encumbrance incurred or suffered by the Buyer.
RJL~226923v8
MU200-92
-4600-
(g) Sale by Xcel shall be subject to the lien of its trust and indenture with Harris Trust
and Savings Bank, nka BNY Midwest Trust Company, which Xcel will covenant on the
warranty deed to obtain release within 90 days after the conveyance.
Said Deed shall be accompanied by all required well disclosures.
4. Taxes and Special Assessments. Seller shall pay all real estate taxes, interest and
penalties, if any, relating to the Property due and payable in the years prior to the year of Closing.
Seller shall pay all special assessments levied or pending as of Closing, except any special
assessments related to Buyer's development of the Property. Buyer agrees to pay taxes due and
payable in the year following the year of Closing and thereafter with respect to the Property and all
special assessments created by or arising by reason of the Buyer's development of the Property due
and payable following Closing. Seller and Buyer shall prorate all taxes and installments of special
assessments due in the year of Closing on the Property based upon the date of Closing. Seller shall
be responsible for all Green Acres and other taxes due as a result of the sale of the Property. If the
Property does not constitute a separate tax parcel, taxes allocable to the Property shall be prorated
based upon acreage.
5. Preliminary Development. Buyer shall have the right, prior to the Closing Date, to
enter upon the Property for the purpose of taking soil tests, borings, making surveys and maps and
performing other preliminary investigative work, provided, however, that Buyer shall indemnify
and hold harmless Seller from any mechanic's liens or other claims arising out of such preliminary
development work by Buyer.
6. Conditional Use Permit and Platting. The parties agree that the zoning of both the
Xcel Property and City Property permits operation of an electric substation with issuance of a
conditional use permit. Xcel and City shall, both before and after the Closing Date, but without
expense to Seller, cooperate and join with one another in any and all actions, petitions and
documents which are usual and necessary to accomplish the development of the Property for the
Buyer's intended purposes and to plat the same for such purposes, if required, including, without
limitation, obtaining a minor subdivision approval, waiver of platting, or signing any required
preliminary and final plats and plat applications, all at the sole expense of the Buyer. Either before
or after the Closing Date, City will process an application by Xcel for issuance of a conditional use
permit as needed to authorize use of the City Property for electric substation purposes. In the event
the application is prior to the Closing Date, any proposed action by the City approving the request
will be conditional upon completion of the exchange contemplated by this Agreement.
7. Environmental Condition. (a) With respect to the City Property, City has obtained
(i) a Retroactive No Association Determination for Past Actions and No Association Determination
for Proposed Actions, dated January 29, 2003; and (ii) an Off-Site Source Determination, dated
January 23, 2003, which are attached hereto and incorporated herein as Exhibits C and D
respectively. With respect to the Xcel Property, the City has completed a Phase I and Phase II
Environmental Site Assessment. The City recognizes that there are levels of PCBs on the Xcel
Property below the MPCA established Tier 1 soil reference values (SRV) and soil leaching values
(SLV). The City recognizes the presence ofoil stained soil in the existing driveway.
RJL-226923v8 2
MU200-92
-4601 -
CO) INTENTIONALLY OMITTED.
(c) INTENTIONALLY OMITTED.
(d) With respect t o t he City Property, prior to April 1, 2004, City shall obtain a No
Association Determination for Proposed Actions for the benefit of Xcel, based upon Xcel's
proposed use of the City Property for expansion of the electrical substation use now existing on
Xcel's property lying between the City Property and the Xcel Property. Xcel shall, within 15 days
after execution of this Agreement, provide City such information about Xcel's proposed use of the
City Property as Xcel requires to obtain approval of the No Association Determination. The City
shall cooperate in the transfer of the Off-site source determination letter into Xcel's name. The City
shall work with Xcel in the development of a development response action plan (or construction
contingency plan) for the purpose of maintaining the protections afforded to Xcel in the No
Association Determination during the regrading of the City Property.
(e) Prior to the exchange, the Xcel Property is improved with a two-story building and
the City Property is somewhat higher in elevation than the adjacent substation site. The parties
agree that City will accept the Xcel Property, "as is" with regard to the building, subject to the need
for the City to demolish the building and any existing improvements thereon, and Xcel will accept
the City Property subject to the need for Xcel to regrade the City Property to facilitate expansion of
the substation use if and when Xcel elects to expand the substation to include all or a part of the
City Property. It is Xcel's current intent to excavate and remove soil fi:om the City Property during
2004 to establish the grade it will need when some years into the future it installs substation
equipment for the purpose of extending its substation facilities onto the City Property without the
need to modify the conditional use permit to be granted in the near future by the City under Section
6 above.
(f) If and to the extent that Xcel discovers contaminated material present in the soil on
the City Property, City agrees that it will indemnify Xcel for any cost which Xcel may incur in such
remediation of contaminated soil as required to implement Xcel's plan for use of the City Property
if and when Xcel elects to grade, excavate and remediate the City Property. If present, the
contaminated soil will be removed and/or mitigated to such an extent that Xcel can obtain a no
association determination, a no action determination or other assurance of non-liability from MPCA
for the benefit of Xcel based upon Xcel's proposed use of the City Property. The development
response action plan shall be implemented during the excavation and grading of the City Property
by Xcel.
(g) If and to the extent that City discovers contaminated soil, other than the types of soil
contamination identified in Section 7(a) present on the Xcel Property, Xcel, at its discretion, agrees
that it will either: (i) remediate or excavate, remove and dispose of any contaminated material
resulting from the grading operation, at Xcel cost; or (ii) indemnify City for any cost which City
may incur in such remediation of contaminated soil as required to implement City's plan for use of
the Xcel Property if and when City elects to grade, excavate and remediate the Xcel Property. The
action or costs for which Xcel is liable shall not exceed cost for the removal and/or mitigation of
soil contamination, other than the soil contamination identified in 7(a), necessary for the City to
obtain the appropriate assurance fi:om the MPCA as described in 7(h).
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(h) If the City discovers soil contamination on the Xcel Property, at its expense, the City
may obtain a No Association Determination for Past Actions and/or a No Association
Determination for Proposed Actions and/or an Off Site Source Determination or other equivalent
assurance of non-liability from MPCA for the benefit ofC ity, based upon City's and County's
proposed use of the Xcel Property.
(i) If and to the extent that City discovers groundwater contamination on or under the
Xcel Property, at its expense, City may obtain a No Action Letter, No Association Determination
for Past Actions, a No Association Determination for Proposed Actions and/or an Off Site Source
Determination or other equivalent assurance of non-liability from MPCA for the benefit of City and
Hennepin County based upon City's and County's proposed use of the Xcel Property.
8. Examination of Title. Seller shall, within twenty (20) days after the date hereof,
furnish Buyer a current abstract or registered property abstract of the Property, which shall include
proper searches covering bankruptcies, state and federal judgments and liens. Buyer shall be
allowed twenty (20) days after receipt thereof and receipt of the Survey for examination of said title
and the making of any objections thereto, said objections to be made in writing or deemed to be
waived. The Seller shall use its best efforts to make such title marketable within thirty (30) days
from its receipt of Buyer's written objection. Pending correction of title, the payments hereunder
required shall be postponed, but upon correction of title and within ten (10) days after written
notice, Buyer shall perform as provided in this Agreement. If said title is not marketable and is not
made so within ninety (90) days from the date of written objections thereto as above provided,
Buyer may either
(i) terminate this Purchase Agreement by giving written notice by registered mail to
Seller, in which event this Purchase Agreement shall become null and void and neither
party shall be liable for damages hereunder to the other party; or
(ii) elect to accept title in its unmarketable condition by giving written notice by
registered mail to Seller, in which event the warranty deed to be delivered at Closing Date
shall except such objections.
9. Default. If Seller defaults in its obligations hereunder in any manner, Buyer may, by
written notice to Seller, (i) terminate this Purchase Agreement, in which event Seller shall
reimburse Buyer for all costs and expenses incurred by Buyer in connection with this transaction up
to and including the date of default, or (ii) avail itself of any other remedy for said default which it
may have at law, in equity or by statute, including, but not limited to, an action for damages and/or
specific performance. If Buyer shall default in the performance of any of its obligations hereunder,
then Seller shall be entitled to receive all earnest money theretofore paid hereunder, as and for its
liquidated damages and sole remedy for said breach, and not as a penalty or forfeiture, actual
damages being difficult or impossible to measure, and no party hereto shall have any further claim
against the other hereunder. In such event, Buyer shall provide Seller with its quit claim deed.
Nothing herein shall relieve Buyer of any obligation to indemnify or hold Seller harmless as stated
herein.
10.
that:
Representations and Warranties by Seller. Seller represents and warrants to Buyer
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(a) There is no action, litigation, investigation, condemnation or proceeding of any kind
pending against Seller or the Property which could adversely affect the Property, any
portion thereof or title thereto. Seller shall give Buyer prompt written notice if any such
action, litigation, condemnation or proceeding is threatened or commenced prior to the
Closing Date.
Co) To the best of Seller's knowledge, the Property has not been used for the generation,
transportation, storage, treatment, or disposal of any hazardous waste, hazardous substance,
pollutant, or contaminant, including petroleum, as defined under federal, state or local law
(except as may be disclosed by documents on file with the Minnesota Pollution Control
Agency).
(c) There are not wells located on the Property. There are no underground storage tanks
located on the Property.
Seller hereby agrees that each of the foregoing representations and warranties shall survive
closing hereunder and that the breach of any thereof shall constitute a default, whether said breach
occurs prior to or after Closing, entitling Buyer to exercise any remedy provided to Buyer in this
Agreement in the event of a default by Seller.
11. Fees. In any action brought with respect to a breach of any of the foregoing
representations and warranties, the prevailing party shall be entitled to recover its reasonable
attorneys' fees.
12. Closing. (a) The Closing Date shall be December 29, 2003, or such earlier time as
Buyer and Seller may agree upon. At closing, Seller and Buyer shall deliver to one another
the instruments specified herein. Subject to the provisions of Paragraph 5 hereof,
possession of the Property shall be delivered to Buyer on the Closing Date.
(b) The City shall pay the fee of the closing agent and all recording fees. The City shall
pay state d ced t ax i n relation to the deeds under which both Sellers convey title for the
property which each is selling under this Agreement.
13. Notices. All notices provided herein shall be given by commercial courier, by
facsimile, in person or be sent by United States mail, either certified or registered, postage prepaid,
to City at c/o Kandis Hanson, City Manager, City of Mound, 5341 Maywood Road, Mound, MN
55364-1627 (facsimile: 952-473-0620) with copy to Robert J. Lindall, Esq., Kennedy & Graven,
Chartered, 200 South Sixth Street, Suite 470, Minneapolis, MN 55402 (facsimile: 612-337-9310),
and to Xcel at Xcel Energy, Attention: Scott Johnson, at 414 Nicollet Mall, Minneapolis, MN
55401, with a copy to Harold Bagley, Esq., Xcel Energy Company, 800 Nicollet Mall, Suite 2900,
Minneapolis, MN 55402. If notice is given by registered or certified mail, deposit in the United
States mail of said notice on or before the date such notice is to be given shall be deemed timely
and acceptable.
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14. Broker. The parties hereto hereby represent that there are no brokers'
commissions, fees or other charges payable with respect to the sale of the Property. Each party
shall defend, indemnify and hold harmless the other party fi.om any claims of any such other broker.
15. Miscellaneous. The terms, covenants, indemnities and conditions of this Exchange
Agreement shall be binding upon and inure to the benefit of the successors and assigns of the
respective parties hereto, and shall survive the Closing Date. Time is of the essence of this
Agreement. Buyer shall have the right to assign its fights under this Exchange Agreement.
16. Contingency. This Agreemem is contingent upon the approval of the City Council
of the City of Mound.
17. Easements. No later than the date of Closing, Xcel agrees to grant City easements
as provided in Exhibit E attached hereto over the tracts described in said exhibit together with the
release, subordination or consent thereto of any mortgagees having an interest in said real estate.
18. Survival of Covenants. Notwithstanding any provision of law to the contrary, the
provisions o f t his Agreement s hall survive C losing, b ut i n n o e vent s hall t he provisions of this
Agreement survive beyond December 31, 2006.
19. Survey. City shall retain a professional land surveyor to prepare a boundary survey
which includes the Xcel Property, the present substation property and the City Property, showing
recorded easements but not showing existing improvements. Xcel agrees to reimburse City for
50% of the cost of the survey at Closing.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
CITY OF MOUND
By
Pat Meisel, Mayor
And by
Kandis Hanson, City Manager
NORTHERN STATES POWER COMPANY, dba
XCEL ENERGY
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6
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EXHIBIT A
Legal Description of the City Property_
Lots 27 and 28, Koehler's Addition to Mound
According to the map or plat thereof on file and of record in the office of the County Recorder in
and for the County of Hennepin, State of Minnesota
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EXHIBIT B
Legal Description of Xcel Property_
Lot 32 and the East 17.4 feet of Lot 33 Koehler's Addition to Mound (subject to road).
According to the map or plat thereof on file and of record in the office of the County Recorder in
and for the County of Hennepin, State of Minnesota.
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EXI-IIBIT C
Retroactive No Association Determination for Past Actions and
No Association Determination for Proposed Actions, dated January 29, 2003
See Attached
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EXHIBIT D
Off-Site Source Determination, dated January 23, 2003
See Attached
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EXHIBIT E
TEMPORARY AND PERMANENT EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this ~ day of ., 2003, between
NORTHERN STATES POWER COMPANY, INC., dba XCEL ENERGY, a Minnesota
corporation, whose address is 414 Nicollet Mall, 7th Floor, Minneapolis, MN 55401-1993, Grantor
(hereinafter referred to as "Owner"), COUNTY OF HENNEPIN, Grantee, a political subdivision of
the State of Minnesota, having its office at Transportation Department, 1600 Prairie Drive, Medina,
Minnesota 55340-5421 (hereinafter referred to as "County"), and CITY OF MOUND, Grantee, a
municipal corporation organized under the laws of the State of Minnesota, having its principal
office at 5341 Maywood Road, Mound, MN 55364-1627 (hereinafter referred to as "City").
Construction and Description. In consideration of the sum of $1.00 and other good and
valuable consideration, receipt and sufficiency of which are acknowledged, Owner hereby
grants, sells, and conveys to County and City, their successors and assigns, a permanent
easement for drainage and utility purposes and a temporary easement for construction
purposes on, in and over lands owned by the Owner situated in the County of Hennepin
which are described herein.
The Permanent Easement Tract and the Temporary Easement Tract are legally described on
Exhibit A which is attached hereto and incorporated herein.
Term of Permanent Easement. The Permanent Easement rights granted herein shall be
possessed and enjoyed by the County and City, their successors and assigns, in perpetuity.
Temporary. Construction Easement. The Temporary Easement shall automatically expire
on December 31, 2006, unless previously released in writing by the County and City. The
construction within the Temporary Easement Tract shall not cause the existing grade to be
changed by more than six inches and shall not require relocation of Grantor's existing utility
poles.
Ingress, Egress~ and Maintenance. The County and City, their employees, contractors,
and representatives shall have the rights of ingress and egress to and fi.om the Permanent
Easement Tract and the Temporary Easement Tract for the purpose of laying, constructing,
operating, inspecting, maintaining, repairing, and replacing drainage and other utility lines,
facilities and appurtenances. After expiration of the Temporary Easement, all activities of
the County and City in the premises shall be limited to the Permanent Easement.
o
Rights and Restrictions of Owners. After expiration of the Temporary Easement, Owner
shall have the right to full use and enjoyment of the Permanent Easement Tract except for
such use as may interfere with the exercise by the County and City of the rights granted
herein. Owner shall not construct or permit to be constructed any facility, structure, or
obstruction on or over or which will interfere with the construction, maintenance, repair, or
other operation of any utility lines, facilities or appurtenances constructed pursuant to this
instrument. Owner further agrees that it will not materially change the ground elevation
within the Temporary Easement Tract or the Permanent Easement Tract without the prior
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written consent of the County and City. County and City agree that they will not materially
change the ground elevation of the Temporary Easement Tract or the Permanent Easement
Tract without Owner's written consent, except that County and City may fill the south 100
feet of the Temporary Easement Tract and the Permanent Easement Tract by not to exceed
one foot without Owner's written consent. For the purposes of this Agreement, a change in
elevation otherwise will not be considered material if it is a change of six inches or less.
Notwithstanding any other provision of this agreement to the contrary, Owner shall have the
right to continue to occupy the Temporary Easement with three existing power poles and to
access, operate and use the same during the term of the Temporary Easement
Restoration of Premises. After the installation of the utility lines, facilities or
appurtenances or any subsequent maintenance thereof, the County and/or City, as the case
may be, their employees, representatives, or contractors shall remove all construction
equipment used by them on the premises by or for the County and/or City, fill and level all
ditches, ruts, and depressions caused by construction or removal operations, and remove all
debris resulting therefrom. The County and/or City will generally restore the surface of the
Permanent Easement Tract as near to its original condition as may be reasonably possible,
within a reasonable time after the installation of such utility lines, facilities or
appurtenances. The County and/or City shall seed the surface of the Permanent and
Temporary Easement Tracts with an appropriate ground cover promptly following
completion of such construction.
Covenant of Ownership. Owner covenants that it is the owner of the premises and has the
right, title, and capacity to grant the Easements granted herein.
Effect Upon Subsequent Parties. This Easement Agreement shall be binding upon and
accrue to the benefit of the successors and assigns of the parties hereto.
NORTHERN STATES POWER
COMPANY, INC. dba XCEL ENERGY
CITY OF MOUND
By
Its
By
Pat Meisel, Mayor
By
Its
By
Kandis Hanson, City Manager
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COUNTY OF HENNEPIN
By
Its
By
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
On the __ day of ,2003, Pat Meisel, the Mayor of the City of Mound, a
municipal corporation organized under the laws of the State of Minnesota, and Kandis Hanson, the
City Manager of said City of Mound, appeared before me and they did say that they did execute the
foregoing Temporary and Permanent Easement Agreement on behalf of the City of Mound and in
accordance with authority granted to them by the City Council of the City of Mound.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On this m day of ,2003, ., the
of Northern States Power Company, Inc., dba Xcel Energy, a Minnesota
corporation organized under the laws of the State of Minnesota, and ,
the of Northem States Power Company, Inc., dba Xcel Energy, a
Minnesota corporation organized under the laws of the State of Minnesota, appeared before me and
they did say that they did execute the foregoing Temporary and Permanent Easement Agreement on
behalf of Northern States Power Company, Inc., dba Xcel Energy.
Notary Public
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this __ day of ,2003, , the
of County of Hennepin, a political subdivision of the State of Minnesota,
and , the of said County of Hennepin,
appeared before me and they did say that they did execute the foregoing Temporary and Permanent
Easement Agreement on behalf of the County of Hennepin, and in accordance with authority
granted to them by the Board of Commissioners of the County of Hennepin.
This document drafted by:
KENNEDY & GRAVEN, CHARTERED (RJL)
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9219
Notary Public
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EXHIBIT A TO EASEMENT AGREEMENT
Legal Description of Easements
Parcel Two
11/26/03
Parcel Two A:
(PIN 13-117-24-33-0037)
(NORTHERN STATES POWER COMPANY, INC., dba XCEL ENERGY)
A permanent easement for drainage and utility purposes over all that part of Lot 31, KOEHLERS
ADDITION TO MOUND, according to the duly recorded plat, which lies westerly and southerly of
the following described line:
Commencing at the southwest comer of said Lot 31; thence mn easterly along the south line
of said Lot 31 on an assumed bearing of North 87 degrees 51 minutes 34 seconds East for
8.37 feet to the actual point of beginning of the line being described; thence North 3 degrees
37 minutes 07 seconds West for 13.41 feet; thence South 86 degrees 22 minutes 53 seconds
West for 6.79 feet more or less to the west line of said LOt 31 and said line there
terminating.
Together with a temporary construction easement over the westerly 8.00 feet of said LOt 31.
Said temporary construction easement shall expire on December 31, 2006.
Said easements shall include the right of access, the right to clear the surface of herbage and
improvements, and the rights to constmct, operate, maintain, repair, monitor, inspect and
reconstruct drainage and utility improvements, lines, facilities and appurtenances fi.om time to time,
within the foregoing easement tracts.
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CITY OF MOUND
RESOLUTION NO. 03-
RESOLUTION CALLING HEARING ON 2004 STREET RECONSTRUCTION
PROJECT
WHEREAS, pursuant to a resolution of the Council adopted November 10, 2003, a
report has been prepared by McCombs Frank Roos Associates, Inc. with reference to
the improvement of streets as shown in Exhibit A, and this report was received by the
Council on November 25, 2003, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound,
Minnesota:
The Council will consider the improvement of such streets in accordance with the
report and the assessment of abutting property for all or a portion of the cost of
the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated
total cost of the improvement of $2,113,100.
A public hearing shall be held on such proposed improvement on the 23rd day of
December, 2003, in the council chambers of city hall at 7:00 p.m. and the City
Clerk shall give published notice of such hearing and improvement as required
by law. Mailed notice has previously been given as required by law.
Adopted by the City Council this 9th day of December, 2003.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
CITY OF MOUND
RESOLUTION NO. 03-
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS
FOR 2004 STREET RECONSTRUTION PROJECT
WHEREAS, a resolution of the City Council adopted the 25th day of November, 2003,
fixed a date for a Council hearing on the proposed 2004 Street Reconstruction Project
as shown on the attached map.
AND WHEREAS, ten days' mailed notice and two weeks' published notice of the
hearing was given, and the hearing was held thereon on the 9th day of December, 2003,
at which all persons desiring to be heard were given an opportunity to be heard thereon,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound,
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the resolution adopted
November 25, 2003.
3. McCombs Frank Roos Associates, Inc., is hereby designated as the engineer for
this improvement. The engineer shall prepare plans and specifications for the
making of such improvement.
4. The City Council declares its official intent to reimburse itself for the cots of the
improvement from the proceeds of the tax exempt bond.
Adopted by the City Council this 9th day of December, 2003.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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MFD Public Safety Facility
Team Meeting
December 2, 2003
AGENDA
Progress and Schedule Update - Amcon
a. NSP Underground (power shut off at city hall)
b. Install Roofing
c. Wood and Metal Fen~ng
d. Furniture Install ~1~
e. Apparatus Floor Coating ~.~/~
f. Completion Date
Budget and Financial Update - Amcon
Design Issues - Miles / Dan
Add Alternates - Miles / Dan
a. Window Awning Options - Cost
b. Fire Pole
c. Kitchen Components- Dishwasher Trade
Other / Technology Issues -, Greg
a. Small Appliance Purchases
b. Low Voltage Wiring and System
c. Telephone System
d. 800 MHz Radio Installation
6. Adjourn
-4617-
CITY OF MOUND
Meeting Minutes
Mound Public Safety Facility
Meeting held on 15/05/03
Date printed 12/04/03
The meeting was convened at 8:30 AM Monday, ,De,cember 2, 2003 at Mound Fire Station:
Present:
Kandis Hanson City KH John McKinley City JM
Greg Pederson City GP Dan Burnam SEH MB
Jim Kurtz City JK Don Geiger Amcon DG
Schedule:
1.1. DG to contact Xcel Energy in regards to removing power pole on site on a Saturday. Some coordination will
be required, when this pole is removed the power to city hall will be shut down for a day.
1.2. Roofers will be starting today.
1.3. Wood fencing will be completed by the end of today. Wednesday they will set posts for decorative metal
fence, which will take two days to set up. During these two days they will install the fence on the balcony
and the interior chain link fence. When this is complete they will install the panels for the decorative metal
fence.
1.4. Furniture install will start on December 8 and will take approximately 3 days. The installer will be attending
today's site meeting to discuss any questions and coordinate with other trades.
1.5. The special coating, flooring, in the Apparatus Bay started on Monday and will take approximately 6 days to
install. We will not be able to drive on this flooring for 72 hours after installation is complete.
1.6. Fire Department to start moving on December 12, evening.
1.7. Will need to schedule fire inspection a couple of days in advance, the inspector works a day job in St. Paul.
2. Budget::
2.1. Distributed and discussed budget update.
2.2. Discussed electrical change orders and negotiations.
2.3. Current estimate General Conditions balance is $57,270. This does not include the November billing.
2.4. The uncommitted fund balance is $84,262, contingency balance is $31,786 and $28,130 has been set
aside from the contingency for alternates (this amount is not included in the contingency balance. This
leaves a sum of approximately $144,000 for contingency and alternates through out the completion of the
project.
2.5. The FFE buyout is currently $2,000 under budget, not including the computer system. The computer
network will cost approximately $30,000. Discussed the new computer system options. GP to discuss at
the next city council meeting.
3. Building Design Issues:
3.1. The Lobby marmoleum will extent to the south side of the door frame leading into the Truck Display area.
C:\Documents and Settings\Kandis
Budget.doc
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Internet Files\Content.lE5\8DARKL23~lPS 12 02 03
Meeting he/d on 15/05/03
Date printed 12/04/03
CITY OF MOUND
4. Add Alternates:
4.1. SEH working on structural detail for mounting of sun screens.
4.2. The base of the fire pole has been set, the top will be set with the installation of the pole.
4.3. St. Cloud Restaurant is interested in trading for the dishwasher, GP to work with them on this.
5. Miscellaneous Issues:
5.1. There was a pipe leak in the police side of the Men's Locker Room.
5.2. Will require silt fence in areas that have not received the scheduled sod, sodden will be completed in the
spring.
5.3. KH wishes to see the samples of the Formliner concrete wall stain.
5.4. Rough-in for security is missing at exterior door adjacent to dog kennels and corridor door on Lower Level
adjacent to Stairwell B.
5.5. Rough-in for voice/data is missing at the Booking Room.
5.6. DG to verify status of police lockers.
5.7. DG requested 2 additional samples of the wood fence stain, color to match the retaining wall.
5.8. The Iow voltage wiring is currently being installed.
5.9. GP to schedule training on the phone system.
5.10. The 800 MHz radio antenna in installed.
6. Minutes by DG. Call if any missing items or discrepancy.
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Mound Public Safety Facility 12/2/03
Mound, MN
Funding Source
Lease Revenue bond Sale Project Funds
HRA Contingency
Balance Budget - Contingency Nlocstion
Construction Contingency - HRA
interest Earned
Expenditures
A/E Base Fee
A/E Reimbursables
Scope Char}ge Contingency
Land Costs
Legal Feas/N~n Bond
Finenoing Costs/Non Bond
Soft Cost. Miscellaneous to date
City Road & Utility Fees (SAC)
Public Utility cha~ea
Geotachnical/Envimnmeofal Sen/ices
Surveying
Bid Adve~sement and Pdnting
Lease Cost of Temporary Facility
Moving Costs (two moves)
Conei~Jction Testing
Fumlehlnae and Euuloment
FFE
Contingency Released for FFE
Audio visual Systems
Security and Access Systems/CCTV
Telephone System
Computer Network
Paging System
Cable TV
Voice/Deta Cabling
Total
SEH
SEH
SEH
City of Mound
Kennedy/Graven
Miscellaneous
MCES
Excel
Braun
MFRA
To be Bid
In Construction Cost
Sub-totals
Owner
TO be bid
To be bid
To be bid
To be bid
To be bid
To be bid
To be bid
Budget Work Sheet
March-03
Recommended Mar 2003
5,350,000
12,478
237,522
250,000
6,8s°'°~1
371,250
30,500
25,0O0
30,000
2,000
3,000
48,832
2,400
50,000
8,300
8,000
30,000
47,880
8,000
0
November-03
Budget Meeting
November 2003
5,350,000
12,478
237,522 Recommended allocation
250,000 Set aside for construction
6,880,000 I
385,750 SEH
11,000 SEH
50,000 SEH
766 MFRA Fee to 5/1/03
2,000 Kennedy Graven
3,000 Ehlera
48,832 City of Mound - C-,eno
2,400 City
48,670 MFRA/Amcon
9,381 Amcon
8,000 City
30,000 Amcon
47,880 City
8,00O C~J
0 Amcon
665,162 655,679
85,OOO 85,000 C~
30,000 City
15,000 15,000 City
14.400 14,400 City
17.200 17.200 City
8,7O0 8.7OO City
7,500 7,500 City
2,500 2,500 City
18,500 .18~500 City
Sub-totals 168,800 198,800
Construction Cost
Building Hard Costs Contractors (to be bid} 4,531,968 Amcon
General Conditions (Estimated) 163,825
Contractors - Let 4,426,604
Centractors -To Be Let (Estimated) 0
Change Ordera- Approved 64,668
Change Orders - Pending 88,273
Change Orders - General Conditions (5,182)
Owner Direct Purchase 425
Contingency Released for Add Alts. 28,130
Asbestos Removal 4,000
Constn~ction Manager Fee Arncon CM 128,500 128,500 Amcon
Site Improvements Inctuded in Building Amcon
Demoll~on of Exfs6ng To be bid 37,200 Max Steininger,
Removal of Well 10,230 10,230 Stevens Drilling
New (raplacement wall) NOT included in project 0 City
Contingency - Construction 250,000 31,786 Amcon
Recommended Alternates Altemste #1 106,416 In Building Hard Costs Bldg. Committee
Proposed Cost Savings (60,754) In Building Hard Costs Amcon
SobRotals 5,003,560 4,941,259
Total~ $5,837,522 $S,79~738
Uncommitted Funds (Fund Shortage) R , 12~478 H 84t262 ]~
AMCON
-4620-
-4621-
-4622-
Network Upgrade Time Estimates
Prepared for: Mound Public Safety Facility, 12/5/03 Rev. II
Installation task
Qty Hours Total
Install & Configure Small Business Server 2003 1 X
Configure DSL Router with File Server 1 X
Setup Microsoft Exchange 2003 1 X
Install O/S patches & updates 1 X
Install and test tape backup system 1 X
Install and test fax system 1 X
Install and configure virus protection 1 X
Setup applications on workstations 12 X
Perform updates on each workstation 12 X
Convert old files servers to workstations 2 X
Configure Cisco Router with Intertech 1 X
Configure Cisco Switch 1 X
Delivery & Setup in Mound 1 X
Misc. training and support 1 X
Test system and document 1 X
5 = 5
1 = 1
2 = 2
2 = 2
2 = 2
0.5 = 0.5
1.5 = 1.5
0.75 = 9
0.25 = 3
1.5 = 3
2 = 2
2 = 2
2 = 2
2 = 2
2 = 2
Note: No installation estimated for web site development
or assisting in new software implementation.
Note: Installation times are experienced estimates.
Actual hours may vary depending on
amount of applications to install and
amount of configuration and setup time.
Assistance on workstation rollout may be
necessary by office personnel to minimize
billable hours.
BRAND
Networking
Total estimated time in hours
Hourly 'rate
Total cost
39
$125.00
$4,875
Brand Networking. 1724 Canary Lane. Mound, MN 55364. 952-472-2000 -4624-
E
E
0
~ EEE
· -~ 888
0 0
-4625-
To:
From:
Date:
Re:
CITY OF MOUND
MEMORANDUM
Mayor Pat Meisel and City Council
Carlton Moore, Public Works Director
December 3, 2003
Langdon Trails Early Start Agreement Amendment
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www. cityofmound.com
At its October 14t~ meeting, the City Council approved an Early Start Agreement with
KMB Development for the Langdon Trails development. This agreement allows the
developer to receive building permits for three (3) houses after the plat has been
recorded. It also directed that the Building Official not issue a Certificate of Occupancy
until all street and utility work has been completed.
The City has received a request from Mr. Chuck Alcon, Project Manager for Langdon
Trails, asking that the Early Start Agreement be amended to allow for the issuance of
Certificates of Occupancy for three (3) houses with all the street and utility work
completed except for the installation of curb and gutter. The developer expects to
complete the utility work and the first lif~ of bituminous paving this year. However, the
concrete curb and gutter contractor will not guarantee any work on frozen ground this late
in the season. The developer agrees with city staff that this work should be completed in
the spring after the frost is out of the ground. It is staffs' understanding that the developer
has sold these lots and plans to begin construction on the houses so they will be ready for
occupancy in May 2004. This timetable would conflict with the existing Early Start
Agreement requiring that curb and gutter be in place prior to Occupancy Permits being
issued. It is anticipated the curb and gutter will be completed by the end of May or early
June.
The Public Works Director and the City Engineer have reviewed this request and found
that there is a letter of credit on file with the City to cover these public improvements and
recommends the City Council approve the First Amendment to the Early Start Agreement
for the Langdon Trails development.
D~C-01-2003 20:2? 0113031~011504150414 P.O1
2003
City of Mound
5341 Maywood Road
Mound, MN. 55364
Attn: Honorable Mayor and City Council Members
Subj: Request for Amendment to Early Start Agreement
1. it is requested that the early start agreement for the Langdon Trails PDA
be amended to provide for the issuance of Certificates of Occupancy for
three early start residences without the installation of curb and gutter. As
background, the sanitary sewer with associated testing, the watermain
with associated testing, the storm sewer and retention pond, site grading,
the removal of one additional tree per City request, the installation of
erosion control mats on the steep slope, the installation of small utilities,
and the placing of the first lift of base course bituminous on all roadways
are all complete or will complete in the next 3-4 weeks.
2. The only items lef[ to complete after this construction period will be the
small retaining wall, curb and gutter, the bituminous lift for the pedestrian
trail, the wear course lift for all roadways, and final landscaping. These
items will complete ea. rly next spring immediately after road restrictions
are lifted.
-4627- TOTRL P.O1
FIRST AMENDMENT TO
EARLY START AGREEMENT
THIS AGREEMENT is dated this as of the day of
, 2003, by and between the City of Mound, a Minnesota municipal
corporation, ("City"), and KMB Development, LLC, a Minnesota limited liability company
("Developer").
The agreement between the parties entitled "Early Start Agreement", dated October__
2003, is hereby amended by amending section 7 thereof to read as follows:
7. Housing Construction Start. In addition to the early start
permission contained in this Agreement, the City also agrees to permit the
Developer to apply for, and receive three (3) building permits and commence
construction of individual houses prior to completion of all of the activities
described in Paragraph 1 above, but only after the plat has been recorded. The
Building Official may condition the issuance of any permits upon a written
waiver, release and indemnity from the Developer and permit applicant, if
different, in favor of the City covering all claims based on insufficient access or
utilities. Such written instrument will also contain an acknowledgment that the
Building Official will not issue a Certificate of Occupancy for the three homes
until all street and utility work (,except curb and gutter,) has been completed to
the satisfaction of the City Engineer.
[New language is underlined.]
In all other respects the Agreement shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
THE CITY OF MOUND, MINNESOTA
By:
Its: Mayor
By:
Its: City Manager
JBD-241034vl
MU220-5
1
-4628-
KMB DEVELOPMENT, LLC
By:
Its:
By:
Its:
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
)SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this __ day of December,
2003, by and , respectively, the City Manager
and Mayor of the City of Mound, Minnesota, a Minnesota municipal corporation, on behalf of
the corporation.
Notary Public
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this __ day of December,
2003, by ., and , respectively, the
and of KMB Development LLC, a Minnesota
limited liability company, on behalf of the company.
Notary Public
JBD-241034vl
MU220-5
2
-4629-
LANGDON TRAILS
EARLY START AGREEMENT
THIS AGREEMENT made this 14th day of _October, 2003 by and between KMB
Development, LLC, a Minnesota limited liability company (hereinafter "Developer"), and THE
CITY OF MOUND, a Minnesota municipal corporation (hereinafter "City").
WITNESSETH:
WHEREAS, Developer is the owner of the lands lying within the boundaries of land within the
City of Mound legally described in the attached Exhibit A (the "Property") and
WHEREAS, the City Council, at its October 14, 2003 meeting, granted final approval to the
replat of the Property as "Langdon Trails" subject to conditions; and
WHEREAS, because of certain conditions imposed on final approval of the plat, it is not likely
that the plat will be available for recording for up to 60 days; and
WHEREAS, Developer has asked the City for permission to begin site grading and utility
installation prior to the recording of the final plat; and
WHEREAS, Developer has also asked permission to begin installation of utilities, curb and
Class 5 prior to recording of the plat so that construction of three (3) single-family dwellings
may commence promptly following recording of the plat and be completed for showing as
models in the Spring Parade of Homes;
WHEREAS, Mound is willing to grant Developer the right to do so upon receiving certain
assurances and undertaking from the Developer;
WHEREAS, Developer is willing to make certain assurances and undertakings as consideration
for the City's consent to commence construction.
NOW, THEREFORE, on the basis of the mutual covenants and agreements hereinafter
provided, it is hereby agreed by and between the parties hereto as follows:
1. Early Start. Subject to the conditions imposed in this agreement, the City hereby
grants to Developer the permission to commence site grading and utilities, curb and gutter and
Class 5 installation, based on plans and specifications approved by the City, prior to the
recording of the final plat.
2. Conditions. The permission granted in paragraph 1 is subject to the following:
JBD-238483v2
MU220-5
1
-4630-
a. Developer will locate all improvements to be installed hereunder with
reference to the approved final plat.
b. Developer shall apply for and obtain the necessary permits and other
governmental approvals.
3. Developer Acknowledgments. Developer acknowledges that it is proceeding at
its own risk in starting construction of the referenced improvements in advance of recording of
the plat, and understands that this agreement imposes no obligation on the City to take any action
or do any thing that would compromise the City's ability to exercise its legislative discretion.
Developer further acknowledges that the permission granted herein shall not be construed to
confer any right on Developer to engage in further or other construction activity on the property
until the plat has been recorded. The Developer further acknowledges that the City has the
authority to take all actions as it determines necessary and appropriate in enforcing the
provisions of its ordinances, including zoning regulations.
4. Indemnity. As further consideration for the permission granted the City
hereunder, Developer indemnifies and holds harmless the City, its officers, agents and
employees from any claim or cause of action occasioned by or arising out of such early start
permission, including, but not limited to any claims brought from owners of property within the
plat and persons holding liens or encumbrances on such property..
5. Successors and Assigns. The provisions in this Agreement are binding on and
inure to the benefit of the parties hereto and to their respective successors and assigns.
6. Consent and Release. This Agreement, and the early start permission contained
herein, shall not be effective until the Developer has provided the City with an instrument, in
form acceptable to the City whereby the record owners of the prOperty consent to the
commencement of the activities described in this agreement, and waive and release the City from
any claims or causes of action that they may have based upon this Agreement or the construction
of the improvements contemplated by this Agreement.
7. Housing Construction Start. In addition to the early start permission contained in
this Agreement, the City also agrees to permit the Developer to apply for, and receive three (3)
building permits and commence construction of individual houses prior to completion of all of
the activities described in Paragraph 1 above, but only after the plat has been recorded. The
Building Official may condition the issuance of any permits upon a written waiver, release and
indemnity from the Developer and permit applicant, if different, in favor of the City covering all
claims based on insufficient access or utilities. Such written instrument will also contain an
acknowledgment t hat t he Building O ~cial w ill not issue a Certificate o f Occupancy u nfil a 11
street and utility work has been completed to the satisfaction of the City Engineer.
JBD-238483v3
MU220-5
-4631 -
IN WITNESS WHEREOF, the parties have set their hands the day and year first above written,
THE CITY OF MOUND, MINNESOTA
Its Qity Manager
Its Mayor
KMB Development, LLC
By: ~ts~~, &V'X' -
By:
Its
ACKNOWLEDGEMENT
STATE OF MINNESOTA
COUNTY OF ~)
_(~~~ instrument was ackn~wledged before me~-khis , 2003, by V&m~q ~v~q~and
respectively, the City M~ager ~d Ma~or of t~e City of Mo~d, Mi~esota, ~ ~i~esota
m~icipal co¢oration, on behalf of the co¢oratiOn.
JBD-238483v3
MU220-5
-4632-
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
Memorandum
To: Honorable Mayor and City Council
From: Sarah Smith, Community Development Director
Date: November 28, 2003
Re: Langdon Trails - Readopt ion of Final Plat Resolution
Background. At its October 14, 2003 meeting, the City Council adopted Resolution
No. 03-91 which approved the final plat application from KMB Development, LLC for
Langdon Trails, a 13-unit major subdivision of the property located at 2241 Southview
Lane.
Status of Final Plat Approval. Code Section 330.35, Subd 9 states that the
subdivider shall, if the final plat is signed by the Mayor and City Manager, record the
final plat with the County Recorder or Registrar of Titles within (60) days of the Council
resolution approving the final plat or it shall become null and void. As the final plat
resolution was approved on October 14, 2003, the last day the final plat can be
recorded is on or about December 12, 2003.
Request from KMB Development. Dudng technical review of the final plat by the
Hennepin County Surveyor's Office, a minor discrepancy regarding the legal
description was discovered as the subject property contains both Torrens and Abstract
property. Therefore, the plat needed to be revised to satisfy both the title examiner
and the surveyor's office, which delayed the filing of the final plat and supporting
documents (i.e. Development Agreement, etc.) by the applicant.
Based on discussions with Project Manager Chuck Alcon, it is anticipated that the
revised plat will be delivered to City Hall the week of December 1st for signing by the
Mayor and City Clerk. HoweVer, in the event there is an unexpected delay at
Hennepin County, the applicant is requesting adoption of a new resolution approving
the final plat so as to prevent the plat approval from becoming ndll and void.
Recommendation. Staff recommends that the City Council readopt the odginal
resolution.
C:\WINDOWS\Temporary Intemet Files\Content. lE5\WXMJOIM3\memolangdontrailsfinalplatreadoption.doc
-4633-
Mound City Code 330.3 O, Subd. 9
Subd. 9. The sub-divider may request a one-year time extension at'least 45
days' prior to the expiration of the preliminary plat as approved by the City Council.
This request shall be reviewed by the Planning Commission and a recommendation
forwarded to the City Council addressing such items as potential conflicts with the
Comprehensive Plan or specific area~plans,potential .conflicts.with_polic~/changes,
changing transportation conditions, sidewalk policies or applicable changes to any
City ordinances. The City staff may re-compute park dedication fees and other
financial guarantees as listed in Subsection 340.75 to reflect current cost estimates
unless street, utility, grading or other substantial
construction has begun. These revised costs shall be included in the time extension
resolution. Procedure, ~
~1~130.35 Final Plat.
Subd. 1. The subdivider, within one year, unless extensions are granted and
noted in the preliminary plat resolution, after the approval of the preliminary plat,
shall file with the Building Official ten (10) copies of the final plat prepared by a land
surveyor duly registered in the State of Minnesota. Failure of the subdivider to
submit the final plat within those times designated on the preliminary plat resolution
shall cause the
preliminary and final plats to become null and void.
Subd. 2. The subdivider shall also submit to the City Attorney, at the same time,
an up-to-date certified abstract of title or registered property report and such other
evidence as the City Attorney may require showing title or control of the land by the
Subdivider.
Subd. 3. The subdivider shall have incorporated all changes or modifications
required by the City Council but in all other respects, the final, plat shall conform to
the preliminary plat.
Subd. 4. If the subdivider requests that any special assessments which have
been levied against the property described be divided and allocated to the
respective lots in the proposed plats, the City Engineer shall estimate the cleridal
cost of preparing a revised assessment roll, filing the same with the County Auditor
and making such division and allocation and upon approval by the City Manager of
such estimated cost, the same shall be paid by the subdivider to the City Treasurer
from the subdivider's escrow account.
Subd. 5. The required utility layout shall be submitted by the subdivider to the
City Engineer for his cost estimate. A copy of the Engineer's report shall be
Submitted to the Building Official for the preparation of the contract required in
Subsection 330.130 of this code.
~/8/o3
-4634-
Mound City Code
330.35. Subd. 6
Subd. 6. The Building Official, upon receipt of the final plat, shall retain one
· ,:"copy of the final plat for review and shall:
(1') refer copies of the final plat to the City staff and the City Council who shall
review__the_flnaLplat__with_respect t(~Jts co__nformance _withtbe. ,.approved
preliminary plat;
(2)
refer the current abstract of title or registered prope~y rep0~ to.the City
Attorney for his examination-and-re~. The-OityAttorney'swri~err-report
shall be submitted to the Building Official within fifteen (15) days of its receipt
by the Attorney.
Subd. 7'. The City Council shall, by resolution, authorize the Mayor and
Manager to sign the final plat.
Subd. 8. If a report from the Building Official indicates there is a substantial
deviation in the final plat from the approved preliminary plat, the City Council may
determine if the submission does represent a new plat. If the submission does
represent a new plat, the City Council may deny the final plat and direct the
subdivider to resubmit his proposal following preliminary plat requirements.
Subd. 9. The subdivider shall, if the final plat is signed by the Mayor and Cit~ ~ ,4
Manager, record the final plat with the County Recorder or the Registrar of Titles
within 60 days after signing. Any final plat not filed and recorded within 60 days of
the date of the Council resolutions approving the final plat, or within 60 days after
the plat is considered approved by reason of the City Council's failure to act within
60 days of the filing of the final plat with the Building Official, shall become null and
void.
Subd. 10. No changes, erasures, modifications or revisions shall be made in any
final plat after approval has been given by the City Council and endorsed in writing
on the plat, unless the plat is first resubmitted to the City Council and such body
approves said modifications. In the event that any such final plat is recorded without
complying with this requirement, the same shall be considered null and void and the
City Council shall institute proceedings to have the plat stricken from the records of
the City.
330.40
Preliminary Plat Requirements.
Subd. 1. Survey and Desiqn Information Required. The preliminary plat shall
be clearly and legibly drawn at a scale ranging from 1":10', 1":20', 1":30', 1":40',
1 ":50' or 1":100' as accepted by the Building Official and the Planning Commission
and shall contain the information set forth in the subdivisions of this section which
follow:
-4635-
CITY OF MOUND
RESOLUTION # 03-9'1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND
GRANTING FINAL PLAT APPROVAL FOR THE
LANGDON TRAILS RESIDENTIAL DEVELOPMENT
P&Z CASE #03-44
PID #14-117-24-34-0004
WHEREAS, the applicant, KDB Development, identified previously as WARA Real Estate
in the Preliminary Plat application, has submitted a Final Plat application for a single family
residential development called Langdon Trails in the manner required for platting of land
under the City of Mound Code, Section 330.00 and under Chapter 462 of the Minnesota
State Statue and all proceedings have been duly conducted there under; and
WHEREAS, a number of natural and physical conditions existing on the property including,
but not limited to, wetlands, topographical elevation changes, woodland features and
existing road right-of-way; and
WHEREAS, the proposed development includes 5.4 acres of land, subdivided into 13
single-family lots. Two publicly dedicated street right-of-ways Southview Court and
Langdon Trail, provide access from Southview Lane located at the northeast corner of the
site. An unimproved portion of SoUthview Lane forms the eastern property boundary; and
WHEREAS, the site is generally conducive to residential development as proposed.
Surrounding development consists of single-family residential homes. The site is zoned R~
1 Single Family Residential. As proposed, the lots would comply with bulk standards of the
R-1 District including 10,000 square feet of lot area and 60 feet of lot width; and
WHEREAS, the proposed development of the property is consistent with the Iow density
residential guidance by the land use plan at an overall density of 2.4 dwelling units/acre;
and
-4636-
Resolution No. 03-gl
WHEREAS, the physical characteristics of the site are suitable for the type and density of
development contemplated and proposed subdivision is consistent with the
Comprehensive Plan and existing land uses in the area; and
WHEREAS, water utility infrastructure would need to be extended from South¥iew Lane
through the site to provide a looped system in this area. Sanitary sewer service would
connect_to an existing line in Southview Lane;~and
WHEREAS, surface water management infrastructure includes storm water intakes in the
proposed roadways which would drain through pipes to a storm water pond located on lot
11. Overflow structures for the pond are designed to outlet into the adjacent wetland on lot
12; and
WHEREAS, surface water drainage also passes through the site from the DNR wetland
adjacent to and on lots 6 and 7. The development plan accommodates overland flows
from this wetland as shown in the grading plan; and
WHEREAS, a public trail is provided from Langdon Trail to the former Dakota Railroad
right-of-way corridor; and
WHEREAS, the Planning Commission, on July 21, 2003 and August 18, 2003, held a
public hearing pursuant to Section 330:00 and Section 350:460 of the Mound City Code of
Ordinances, to review the proposed preliminary plat and Planned Development Area -
Conditional Use Permit (PDA-CUP); and
WHEREAS, the City Council held a public hearing pursuant to Mound City Code of
Ordinances on September 9, 2003, to review the proposed preliminary plat and Planned
Development Area - Conditional Use Permit (PDA-CUP). The City Council through
Resolution #03-77 approved the Planned Development Area by Conditional Use Permit.
The development conditions contained in Resolution #03-77 are referenced in this
Resolution and are applicable to the provisions contained within the Final Plat; and
WHEREAS, the City Council have studied the practicability of the Final Plat taking into
consideration the requirements of the City, giving particular attention to the lot
arrangement, their relation to topography, wetlands, water supply, sewage disposal,
drainage, the present development of adjoining lands and the requirements of the Zoning
Ordinance and other official controls; and
WHEREAS, said Final Plat is in all respects consistent with the Preliminary Plat, City
Comprehensive Plan, and the regulations and the requirements of the laws of the State of
Minnesota and the City Code of Ordinances of the City of Mound.
2
-4637-
Resolution No. 03-91
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota:
A. Final Plat issuance subject to compliance with t he following requirements a nd
......... _ ................ condi{ions:~
1: Th~'fifi~l p:lat drawinglabeled~h:i~s-hereby-incorporated-into-this
Resolution a~nd~alLi mpr~ovementsshalLb_e_a_s-shown o n the~p lans o r a s
modified under the approval ot tl~e City Engineer,
The Final Plat shall be recorded by the developer with the County Recorder
or the Registrar of Titles within 60 days of its approval or shall become null
and void as provided by Mound City Code Section 330.35.
The City Attorney shall examine title to the property and shall render a title
opinion to the city showing the ownership of the property in the developer
and other signatories of the plat.
The City Attorney shall review and approve the homeowner's association
documents.
o
Payment of park dedication fees in lieu of land dedication based on Mound
City Code requirement for 10 percent of the Hennepin County Assessor's
market value of the property. The City shall provide a credit the developer
for the cost of trail installation, not to exceed $5,000.00, upon completion and
inspection of the trail.
The development contract shall stipulate, without limitation, that construction
of all public improvements covered by said contract shall be completed within
280 days of the City releasing the final plat. As part of the development
contract, the Developer shall furnish the City with a performance bond or an
irrevocable letter of credit or other form of security approved by the City
Attorney in the amount of 125% of estimated construction costs or reduced
to 115% if actual bids are provided as per plans approved by the City
Engineer.
o
Compliance with conditions and recommendations as contained in the
Engineer's Memo dated October 8, 2003.
o
The terms and conditions of City of Mound Resolution 01-62 dated July 25,
2001 which approved the vacation of Butternut Road are satisfied with the
approval of the Final Plat and are no longer in force or effect.
9. Enter into a Stormwater Maintenance Agreement with the City of Mound.
3
-4638-
Resolution No. 03-gl
10.
Provide the City with a Declaration relating to Stormwater Maintenance
Agreement for covenants for the land contained within the Final Plat.
11. Provide a trail easement 20 feet in width in a form acceptable to the City
Engineer along the commonside~lot line of Iots. l~.l-~and ~12. The-easement
shall be recorded along with the plat by the developer at his expense
....... PtbViding pro-of-th at-ease ment -has-been-reco rde d:
Satisfy any requirements otthe ..... add~
12. L;Ity bnglReerto~
DNR wetland through the property. The applicant will also install, at
applicant's expense, a stormwater culvert or equivalent solution if deemed
necessary by City Engineer.
13.
The applicant shall be responsible for the installation of private utilities. The
utilities shall not be installed until the boulevard or utility easements have
been graded and the grade elevations are approved by the City Engineer. All
utilities shall be located underground.
14.
The applicant shall secure and provide copies to the City's Building Official of
all reviews and required permits from the Minnesota Department of Health
and the Minnesota Pollution Control Agency, or any other applicable permits,
prior to beginning construction. The Building Official will not authorize
construction until permits are secured.
15.
No building permits shall be issued until the Final Plat has been filed and
recorded at Hennepin County.
16.
17.
Prior to any occupancy the applicant shall secure Certificates of Occupancy
from the Building Official. Certificates will not be issued for homes in the
subdivision until utilities and access servicing the homes are approved bythe
City Engineer, Public Works Director, and Building Official.
The applicant will reimburse the City for legal, engineering and planning
costs incurred for review and approval of this plat including the review and
preparation of all documents provided for in connection with review and
approval of this plat.
Recognizes the conditions contained in Resolution #03-77 pertaining to
development standards as approved by the Planned Development Area -
Conditional Use Permit (PDA-CUP).
-4639-
Resolution No. 03-91
BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the
Mayor and City Manager shall be conclusive showing of proper compliance therewith bY
the subdivider and City Officials and shall entitle such plat to be placed on record forthwith
without fuKher formality, all in compliance withMinnesota Statute Chapter 462 and the City
of Mound Code of Ordinances.
........... Ado.¢ed...by the City CounCil thiS 14.t.! d_.ay _o__.f___0Ctober, 2003.
/si Bonnie Ritter
Attest: Bonnie Rifler, City Clerk
/s/Pat Meisel
Mayor Pat Meisel
5
-4640-
Resolution No. 03-gl
EXHIBIT A
That part of Lot 1, Block 12, MOUND TERRANCE, lying South of a line drawn from
a point on the Easterly line of said Lot distance 100 feet Southerly from the Southeast
corner of the North 4 acres thereof, to a point on the West line of Said Lot distant 100
feet South erly fromthe-Southwest-corner-of-the-North~4-aeres-th ereof.~:ogether~vith ......
.......... on~half~acated~B, uttemut_Bo__a_d_~i__n_all~ly~ platte_d as Glen Lane and Interlachen
Road adjacent~ eh--~to,
6
-4641 -
CITY OF MOUND
RESOLUTION # 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND
GRANTING FINAL PLAT APPROVAL FOR THE
LANGDON TRAILS RESIDENTIAL DEVELOPMENT
P&Z CASE #03-44
PID #14-117-24-34-0004
~/H -ERF_J~S-~he-applican~DB=Developmer~identifiecl=prev=ic~sl-y=as~-~e
in-the PreliminaryPtatappticationr-has~submitted-a-FinaI-Pt~pptication for a sii-~9;e family
residential development called Langdon Trails in the manner required for platting of land
under the City of Mound Code, Section 330.00 and under Chapter 462 of the Minnesota
State Statue and all proceedings have been duly conducted there under; and
WHEREAS, a number of natural and physical conditions existing on the property
including, but not limited to, wetlands, topographical elevation changes, woodland features
and existing road right-of-way; and
WHEREAS, the proposed development includes 5.4 acres of land, subdivided into 13
single-family lots. Two publicly dedicated street right-of-ways.Southview Court and
Langdon Trail, provide access from Southview Lane located at the northeast corner of the
site. An unimproved portion of Southview Lane forms the eastern property boundary; and
WHEREAS, the site is generally conducive to residential development as proposed.
Surrounding development consists of single-family residential homes. The site is zoned
R-1 Single Family Residential. As proposed, the lots would comply with bulk standards of
the R-1 District including 10,000 square feet of lot area and 60 feet of lot width; and
WHEREAS, the proposed development of the property is consistent with the Iow density
residential guidance by the land use plan at an overall density of 2.4 dwelling units/acre;
and
WHEREAS, the physical characteristics of the site are suitable for the type and density of
development contemplated and proposed subdivision is consistent with the
Comprehensive Plan and existing land uses in the area; and
WHEREAS, water utility infrastructure would need to be extended from Southview Lane
through, the site to provide a looped system in this area. Sanitary sewer service would
connect to an existing line in Southview Lane; and
WHEREAS, surface water management infrastructure includes storm water intakes in the
proposed roadways which would drain through pipes to a storm water pond located on lot
11. Overflow structures for the pond are designed to outlet into the adjacent wetland on
lot 12; and
-4642-
Resolution No. 03-__
WHEREAS, surface water drainage also passes through the site from the DNR wetland
adjacent to and on lots 6 and 7. The development plan accommodates overland flows
from this wetland as shown in the grading plan; and
WHEREAS, a public trail is provided from Langdon Trail to the former Dakota Railroad
right-of-way corridor; and
WHEREAS;-the Planning Commission;on ,July'21¥2003 andAugustl'8;:~003;-helda
I~.~,~1.~11'~,,~ I1%,~*~1111~ ~U!OU~;;;~!~l, I,~,,~ ~/~;;~.~'~! ! U~.,~,~"~.'~,~ OII~E[I~.,~I! ~t~,~:t-~'~=~.,~ ~"~'! ~'!I'~''~ IVl~l!l~'*~ ~!1'~ ~
Ordinances, to review the proposed preliminary plat and Planned Development Area
Conditional Use Permit (PDA-CUP); and
WHEREAS, the City Council held a public hearing pursuant to Mound City Code of
Ordinances on September 9, 2003, to review the proposed preliminary plat and Planned
Development Area - Conditional Use Permit (PDA-CUP). The City Council through
Resolution #03-77 approved the Planned Development Area by Conditional Use Permit.
The development conditions contained in Resolution #03-77 are referenced in this
Resolution and are applicable to the provisions contained within the Final Plat; and
WHEREAS, the City Council have studied the practicability of the Final Plat taking into
consideration the requirements of the City, giving particular attention to the lot
arrangement, their relation to topography, wetlands, water supply, sewage disposal,
drainage, the present development of adjoining lands and the requirements of the Zoning
Ordinance and other official controls; and
WHEREAS, said Final Plat is in all respects consistent with the Preliminary Plat, City
Comprehensive Plan, and the regulations and the requirements of the laws of the State of
Minnesota and the City Code of Ordinances of the City of Mound; and
WHEREAS, the City Council did on October 14, 2003 adopt Resolution No. 03-91
approving the final plat for Langdon Trails; and
WHEREAS, although all of the circumstances underlying the approval of the final plat
remain unchanged, the applicant, due to circumstances beyond its control may be unable
to record the final plat within 60 days of OctOber 14, 2003 as required by Section 330.35
of the City Code.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota:
A. Resolution No 03-91 is hereby RECINDED.
Bo
Final Plat issuance is APPROVED subject to compliance with the following
requirements and conditions:
2
-4643-
Resolution No. 03-__
The final plat drawing labeled as Exhibit A is hereby incorporated into this
Resolution and all improvements shall be as shown on the plans or as
modified under the approval of the City Engineer.
2. The Final Plat shall be recorded by the developer with the County Recorder
o r-t heReg istrar_of_T_itl.es~within ~6O~ays~o f_ itsappm_val __o~a Ii _be_c~:~te~rtull ...................
.............. ~and~,o idas-providedby MounckCityC ode Section~30-.35.
3. The City Attorney shall examine title to the property and shall render a title
opinion to the city showing the ownership of the property in the developer
and other signatories of the plat.
The City Attorney shall review and approve the homeowner's association
documents.
o
Payment of park dedication fees in lieu of land dedication based on Mound
City Code requirement for 10 percent of the Hennepin County Assessor's
market value of the property. The City shall provide a credit the developer
for the cost of trail installation, not to exceed $5,000.00, upon completion
and inspection of the trail.
The development contract shall stipulate, without limitation, that construction
of all public improvements covered by said contract shall be completed
within 280 days of the City releasing the final plat. As part of the
development contract, the Developer shall furnish the City with a
performance bond or an irrevocable letter of credit or other form of security
approved by the City Attorney in the amount of 125% of estimated
construction costs or reduced to 115% if actual bids are provided as per
plans approved by the City Engineer.
Compliance with conditions and recommendations as contained in the
Engineer's Memo dated October 8, 2003.
The terms and conditions of City of Mound Resolution 01-62 dated July 25,
2001 which approved the vacation of Butternut Road are satisfied with the
approval of the Final Plat and are no longer in force or effect.
9. Enter into a Stormwater Maintenance Agreement with the City of Mound.
10.
Provide the City with a Declaration relating to Stormwater Maintenance
Agreement for covenants for the land contained within the Final Plat.
11.
Provide a trail easement 20 feet in width in a form acceptable to the City
Engineer along the common side lot line of lots 11 and 12. The easement
shall be recorded along with the plat by the developer at his expense
providing proof that easement has been recorded.
3
-4644-
Resolution No. 03-__
12.
Satisfy any requirements of the City Engineer to address drainage from the
DNR wetland through the property. The applicant will also install, at
applicant's expense, a stormwater culvert or equivalent solution if deemed
necessary by City Engineer.
13. The applicant shall be responsible for the installation of private utilities. The
utilities~shall notbeJr~ stalled ~u ntiLthe _bo ule~a rd_o r util ity~aseme~'tts~ a~e
been graded-andlhe-grade-elevations-are: approved- byfheCity:Engine:er:-AII
lltflifiao oh~ii ha in.atari ~ inrlarnrnl
14.
The applicant shall secure and provide copies to the City's Building Official
of all reviews and required permits from the Minnesota Department of Health
and the Minnesota Pollution Control Agency, or any other applicable permits,
prior to beginning construction. The Building Official will not authorize
construction until permits are secured.
15.
No building permits shall be issued until the Final Plat has been filed and
recorded at Hennepin County.
16.
Prior to any occupancy the applicant shall secure Certificates of Occupancy
from the Building Official. Certificates will not be issued for homes in the
subdivision until utilities and access servicing the homes are approved by the
City Engineer, Public Works Director, and Building Official.
17.
The applicant will reimburse the City for legal, engineering and planning
costs incurred for review and approval of this plat including the review and
preparation of all documents provided for in connection with review and
approval of this plat.
Recognizes the conditions contained in Resolution #03-77 pertaining to
development standards as approved by the Planned Development Area -
Conditional Use Permit (PDA-CUP).
BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the
Mayor and City Manager shall be conclusive showing of proper compliance therewith by
the subdivider and City Officials and shall entitle such plat to be placed on record forthwith
without further formality, all in compliance with Minnesota Statute Chapter 462 and the
City of Mound Code of Ordinances.
Adopted by the City Council this 9th day of December, 2003.
Attest:
Bonnie Ritter, City Clerk
Mayor Pat Meisel
-4645-
STATE OF MINNESOTA )
COUNTY OF~L)f~'~~)S'
(,-~.,T)e iforegoing insment was ac~owledgqd, befor~me this /~~of
~k~ , 2003, by Vvl J~ ~{ J ,~ , ~d
~ - ~l~ , respectively, th~ ''' ~.~;~ ~d
Notary Public
JBD-238483v3
MU220-5
-4646-
EXHIBIT A
That part of Lot 1, Block 12, MOUND TERRANCE, lying South of a line drawn from
a point on the Easterly line of said Lot distance 100 feet Southerly from the Southeast comer of
the North 4 acres thereof, to a point on the West line of Said Lot distant 100 feet Southerly from
the Southwest comer of the North 4 acres thereof. Together with one-half of vacated Butternut
JBD-238483v2
MU220-5
A-1
-4647-
C. ITY OF MOUND
RESOLUTION NO. 03-
RESOLUTION APPROVING THE FINAL 2004 GENERAL FUND
BUDGET IN THE AMOUNT OF $4,066,510;
SETTING THE LEVY AT $3,321,960;
AND APPROVING THE FINAL OVERALL BUDGET FOR 2004.
~l-TRE~L-VEDyt~a~he-~tY~cit~~~~und~ i ~e~;-doe~re~
-adop[-[he-foiiowin§-2OO4Generai~undBudgeLappr-u.pr~uUu..~
City Council
Promotions
Cable TV
City Manager/Clerk
Elections/Registration
Assessing
Finance
Computer
Legal
Police
Emergency Preparedness
Planning/Inspections
Streets
City Hall Bldg & Srvs
Parks
Contingencies
Transfers
$ 72,85O
3,750
50,000
276 9OO
13 460
79 300
234 070
29 900
135 580
1,301 340
7,130
367,880
701,130
124,270
351,820
60,440
256,690
TOTAL GENERALFUND
$ 4,066,510
-4648-
Resolution No. 03-
BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota,
does hereby direct the County Auditor to levy the following taxes for collection in 2004'
SPECIAL LEVIES
Revenue-Lease Payments to Mound HRA 389,140
Bonded Indebtedness- 2001A Judgment Bond 22,200
..................................... Unfunde:dAc_cr_uedLiabjlity Qf P~ublic~_ensio_n_Zu_n.ds ......... 33~,350
G~_lmprovementBonds2Q0_lC 5~700_
G.O. Tax Increment Bonds 2003C
Lease Equipment Loan Bonds
Total Special Levies
TOTAL OPERATING REVENUE LEVY
FINAL CERTIFIED LEVY
139,830
87,250
793,910
2,528,O5O
3.321.960
BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota,
does hereby adopt the final overall budget for 2004 as follows:
GENERALFUND
As per above
4,066,510
SPECIAL REVENUE FUNDS
Area Fire Service Fund
Cemetery Fund - To be part of the Gen. Fd. in 2004
Dock Fund
TOTAL SPECIAL REVENUE FUNDS
674,140
9,610
143,150
826,900
ENTERPRISE FUNDS
Recycling Fund
Liquor Fund
Water Fund
Sewer Fund
Storm Water Utility Fund
167,680
559,800
687,240
1,201,940
96,870
TOTAL ENTERPRISE FUNDS
2,713,530
2
-4649-
SUMMARY
General Fund
Special Revenue Funds
Enterprise Funds
Resolution No.
4,066,510
826,900
2,713,530
.................................... T.OTAL ALL. FUNDS
Adopted by the City Council this 9th day of December, 2003.
Attest: Bonne Ritter, City Clerk
Mayor Pat Meisel
3
-4650-
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
EXECUTIVE SUMMARY
TO: Mound Council, Planning Commission and Staff
FROM: Sarah Smith, Community Development Director
DATE: November 13, 2003
SUBJECT: Variance Request
OWNER: Tom Latcham
CASE NUMBER: 03-45
LEGAL DESCRIPTION: Lot 3, Block 7, Devon
PID: 30-117-23-22-0051
LOCATION: 47tl Island View Drive
ZONING: R-lA Residential
COMPREHENSIVE PLAN: Low Density Residential
SUMMARY
At its November 17, 2003 meeting, the Planning Commission reviewed a request from
Tom Latcham for variance approval to renovate the existing 24' x 39' detached garage
located at 4711 Island View Drive so as to utilize the existing foundation and preserve
the workspace located below. Presently, the existing structure encroaches on the
neighboring property (Lot 4) by .66 feet (7.92 inches) in the northwest corner and is
located .02 feet (.24 inches) from the property line in the southwest corner and is
therefore nonconforming. Members of the Council are advised that there is a
permanent easement on file for the existing garage encroachment (Hennepin County
Document No. 604967). According to City Code Chapter 350:535, Subd. 5, a detached
accessory building may be located within (4) feet of the side lot line in the front yard for
lakeshore and through lots.
PROJECT DETAILS
Details regarding the original project are contained in Planning Report No. 03-45 which
has been included as an attachment. Staff recommended approval of the variance
based on the following conditions:
-4651 -
,'
The garage is being reconstructed in the same location and there is a recorded
easement over Lot 4 for the purpose of maintaining the existing garage and
storeroom which was reviewed by the City Attorney who indicated that a new
easement is not required.
2. The purpose for the variance is to utilize the existing foundation and to maintain
the workspace / storage area which is located below.
3. Construction of a garage in the south / lakeside is not feasible due to topography
and the location of the existing home.
4. Construction on the east side is not practical due to the location of an existing
concrete staircase.
5. The subject property is 49' x 149' and is therefore narrow and deep.
6. The lot slopes downward from Island View Drive towards Devon Commons and
Lake Minnetonka.
7. A garage is viewed as positive as it allows for all-season protection for vehicle(s)
and also minimizes outside storage issues.
PLANNING COMMISSION REVIEW
Based on its review, the Planning Commission voted five (5) to (2) to recommend
denial of the variance application due to lack of hardship as the garage could be
modified on the west side to meet the required four (4) foot setback which would also
eliminate the existing encroachment. A copy of the November 17, 2003 Planning
Commission meeting minutes excerpts has been included as an attachment. Members
of the Council are advised that a resolution has not been prepared in advance of the
meeting due to the conflicting recommendations from Staff and the Planning
Commission.
-4652-
MINUTE EXCERPTS
MOUND ADVISORY PLANNING COMMISSION
NOVEMBER 17, 2003
CASE #03-45 VARIANCE - SIDE SETBACKS FOR GARAGE REPLACEMENT
4711 ISLAND VIEW DRIVE - TOM LATCHAM
Applicant is requesting variance approval to renovate the existing 24' x 39' detached
garage. Presently, the existing structure encroaches on the neighboring property by .66
feet in the northwest corner and is located .02 feet from the property line in the
southwest corner and is therefore nonconforming.
The property includes a 2-story single-family home and detached garage that abuts
Island View Drive on the north side and Devon Commons on the south side. The
existing dwelling is conforming to setbacks. The applicant proposes to renovate the
existing garage, which is in a nonconforming location, so as to utilize the existing
foundation and preserve the workspace located below. There is a permanent easement
on file for the existing garage encroachment.
Staff recommends approval of the proposed variance with the following conditions:
1. Applicant shall be responsible for payment of all costs associated with the land
use request.
2. 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.
3. Applicant shall be required to submit all required information upon submittal of the
building permit application.
4. Applicant shall be responsible for procurement of any and/or all permits.
5. Applicant shall be responsible for procurement of a temporary construction and/or
access easement over the adjacent property if necessary.
Discussion
Mueller asked if the variance granted for the porch that was not built was granted in
perpetuity. Smith confirmed that the variance is only good for a period of 1 year.
He asked why the staff would recommend a continuance of an existing
nonconformance. Smith indicated that the stairway on the east side prohibits moving it
over and the foundation exists.
Hasse wanted to know how the siding would be put on when the buildings will be so
close together. The applicant said his snowblower fits between the existing structures.
MOTION by Osmek, seconded by Raines, to recommend Council approve the variance.
-4653-
Planning Commission Minutes
November 17, 2003
Mueller has a real problem with this one because there is a simple solution. He thinks
the building should be cut off 4 feet to make it conforming. If we grant this variance how
could we refuse the next-door neighbor the same consideration? The opportunity exists
now to correct the problem. A whole new floor will be poured in the workshop below
allowing for ease of relocating the footings.
Clapsaddle thought this was an excellent opportunity to fix an existing nonconformance.
Michael was surprised that the last couple of cases could have been made conforming
but were not and the Commission is vacillating on this one. We need to establish some
kind of consistency.
Osmek indicated that this is an existing condition and will not be made worse.
Mueller thinks it is poor planning to allow this garage and then logically allowing the
neighboring garage. It would essentially be a 75-foot garage on a 100 foot stretch of
Island View Drive.
Osmek didn't think we should penalize him for trying to improve his property.
Hasse thought allowing someone to build on someone else's property wasn't right.
Smith reminded all that there is an easement, confirmed by the City Attorney, which has
been on the property since the 50's.
Mueller added that currently the utility lines are crossing over the neighbor's property to
get to this property. The garage construction will require the utility lines to be moved
higher and be an improvement for both.
MOTION carried. Voting for: Osmek, Raines and Glister. Voting against: Clapsaddle,
Hasse, Michael, Schwingler and Mueller.
MOTION by Mueller, second by Clapsaddle, to allow reconstruction of the garage in a
conforming location.
The applicant said that you can go down Island View Drive and See newly developed
properties that have a garage taking up the whole lot width.
Mueller indicated that he believes that most of those maintain the 4-foot setback.
Mueller withdrew his motion. Clapsaddle withdrew his second.
MOTION by Michael, second by Clapsaddle, to deny the application.
Findings of Fact: It doesn't meet variance criteria, it needs to meet the 4-foot side
setback and there is no room to maintain anything between the garages.
MOTION carried. Voting for: Clapsaddle, Hasse, Michael, Glister, Schwingler, and
Mueller. Voting against: Osmek & Raines.
-4654-
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
Memorandum
From:
Date:
Re:
Planning Commission
Sarah Smith
November 17, 2003
Supplemental Information - Latcham Variance Application
Variance No. 03-45 / Review of Easement
The status of the easement for the garage encroachment at 4711 Island View Drivew
was reviewed by City Attorney John Dean. Based on his initial review, a new
easement for the garage improvements is not required (based upon the following
assumptions):
1. The easement was recorded by the original owner.
2. The easement covers the area upon which the remodeled/renovated garage
will be located.
3. The easement does not have a termination date.
4. The easement does not relate to any particular structure.
One stipulation, however, is that if the original easement was not consented to bY
any lien holder at the time it was recorded, it would not be binding on them.
-4655-
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: November 13, 2003
SUBJECT: Variance Request
OWNER: Tom Latcham
CASE NUMBER: 03-45
LEGAL DESCRIPTION: Lot 3, Block 7, Devon
PID: 30-117-23-22-0051
LOCATION: 4711 Island View Drive
ZONING: R-lA Residential
COMPREHENSIVE PLAN: Low Density Residential
BACKGROUND
Tom Latcham is requesting variance approval to renovate the existing 24' x 39'
detached garage located at 4711 Island View Drive. Presently, the existing structure
encroaches on the neighboring property (Lot 4) by .66 feet (7.92 inches) in the
northwest corner and is located .02 feet (.24 inches) from the property line in the
southwest corner and is therefore nonconforming. According to City Code Chapter
350:535, Subd. 5, a detached accessory building may be located within (4) feet of the
side lot line in the front yard for lakeshore and through lots.
EXISTING CONDITIONS
The subject property includes a 2-story single-family home and detached garage (front
loaded) that abuts Island View Drive on the north side and Devon Commons on the
south side. The existing dwelling is conforming to setbacks. The applicant proposes to
renovate the existing garage, which is in a nonconforming location, so as to utilize the
existing foundation and preserve the workspace located below. There is a permanent
easement on file for the existing garage encroachment (Hennepin County Document No.
604967).
-4656-
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 October 21,2003.
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 or about November 13, 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
This request does not affect Devon Commons
therefore comments from DCAC is not needed.
Engineering Department
Use of 1995 survey deemed acceptable for variance
request.
Police Department
No police issues.
Fire Department
No concerns from Fire Department.
Building Inspections
A building permit will be required for the project
including the submittal of all required information.
The walls of the structure are in a state of disrepair.
Upper portion of garage needs to be rebuilt over
existing foundation footprint.
-4657-
DISCUSSION
Resolution No. 95-35 was approved by the City Council on March 28, 1995 for a
variance to recognize the existing nonconforming garage setbacks and
hardcover on the property to construct a conforming deck and porch on the
lakeside of the house.
At its September 15, 2003 meeting, the Planning Commission deemed the
survey dated May 23, 1989 to be acceptable for the purpose of variance review
as long as it was adjusted by a qualified draftsperson to reflect present
conditions. Members of the Planning Commission are advised that an updated
plan based on the 1989 survey was submitted by Schultz Design and includes
the 1995 deck / porch improvements.
There is a (20) foot utility easement located in the rear of the property
(Document No. 843686). The easement area is not affected by the proposed
project.
Document No. 604967 grants an easement over Lot 4, Block 7, Devon for the
purpose maintaining the existing garage/storeroom on the subject property. The
status of the easement is under review by the City Attorney. City staff will
provide additional comment(s) on this matter at the meeting.
Hardcover is limited to no more than 40 percent for lots of record. Based on the
new hardcover calculation sheet dated September 25, 2003 hardcover on the
property is 3864 square feet or 51 percent. Members of the Planning
Commission are advised that the 1995 variance recognized hardcover in the
amount of 59 percent for the subject site.
6. Construction of a garage in the south / lakeside is not feasible due to topography
and the layout of the existing home.
7. There is a large tree located between the detached garage and house.
8. Construction on the east side is not possible due to the location of a concrete
staircase.
9. The subject property is 49' x 149' and is therefore narrow and deep.
10. The lot also slopes downward from Island View Drive towards Devon Commons
and Lake Minnetonka.
11. The existing garage meets the required front setback of (20) feet.
-4658-
12. A garage is viewed as positive as it allows for all-season protection for vehicle(s)
and also minimizes outside storage issues.
RECOMMENDATION
Staff recommends that the Planning Commission recommend City Council approval of
the proposed variance to allow renovation of the existing 24' x 39' detached garage at
4711 Island View Drive in its present location subject to the following conditions:
1. Applicant shall be responsible for payment of all costs associated with the land
use requests.
2. No future approval of any development plans and/or building permits is included
as part of this action in the event the variance(s) application is approved.
3. Applicant shall be required to submit all required information upon submittal of
the building permit application.
4. Applicant shall be responsible for procurement of any and/or all permits.
5. Applicant shall be responsible for procurement of a temporary construction
and/or access easement over the adjacent property if necessary.
CITY COUNCIL REVIEW
In the event a recommendation is received from the Planning Commission at its
November 17, 2003 meeting, it is anticipated that the application will be forwarded to
the City Council for review at its November 25, 2003 meeting.
4
-4659-
CITY OF MOUND
5341 Maywood Road, Mound, MN 55364
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
Case No. ~__~ --,L~,,~
Please type or print legibly
SUBJECT Address
PROPERTY
LEGAL Lot
DESC.
Subdivision
PID~ ~-I1 ~ Plat~
ZONING DISTRICT R-1 R-lA R-2 R-3 B-1 B-2 B-3
PROPERTY Name
OWNER
Address
Phone (H)
APPLICANT Name,
(IF OTHER
Address
THAN
OWNER)
Phone (H) ,(W)
Has an application ever been made for zoning, vanance, conditional use permit, or other zoning procedure
for this property?. Yes iX:) 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.):
' ~ ~ ~ I
Variance Application
(12/30/02) Page 1 of 3
-4660-
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 (X). If no, specify each non-conforming use (describe reason
for variance request, i.e. setback, lot area, etc.):
d
SETBACKS: REQUIRED REQUESTED
(or existing)
Front Yard: ((~)S E W ) ft. '~O. O'q ft.
Side Yard: ( N S~¥ ) ft. /I ft.
Side Yard: ( N $ E(~) ft. Ouer /~y , ~-Z, ft.
Rear Yard: ( I'~ W ) ft. '~ ~) ft.
Lakeside: ( I~ E W ) ft. Io "~ ft.
: (NSEW) ft. ft.
VARIANCE
.ft.
ft.
ft.
ft.
ft.
Street Frontage: ft. ft. ft.
Lot Size: ~'~¢"~--~sq ft '7~6'7..¢~ .sq ft sq ft
Hardcover: 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 ¢~),~. If no, specify each non-conforming.use:
Which unique physical characteristics of the subject property prevent its reasonable use for any of the
uses permitted in that zoning district?
( ) too narrow frx~ topography ( ) soil
( ) too small ( ) drainage ~ existing situation
( ) too shallow ( ) shape (×) other: specify
Please describe: ~--~ ~- ~' '~ ¢'~ 1
Variance Application
(12/30/02) Page 2 of 3
-4661 -
Case No. 0..~~--
6. Was the hardship described above created by the action of anyone having property interests in the land
after the zoning ordinance was adopted (1982)? Yes (), No (~. If yes, explain:
Was the hardship created by any other man-made change, such as the relocation of a road?
Yes (~q), No (). If yes, explain:
Are the conditions of hardship for which you request a variance peculiar only to the property described in
this petition? Yes (~), No (). if no, list some other properties which are similarly affected?
9. Comments:
I certify that all of the above statements and the statements contained in any required papers or plans to be
submitted herewith are true and accurate. I acknowledge that I have read all of the vadance information
provided. I consent to the entry in or upon the premises described in this application by any authorized
official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such
notices as may be required by law.
Applicant's Signature
Variance Application
(12/30/02) Page 3 of 3
-4662-
CITY OF MOUND
5341 Maywood Road, Mound, MN 55364
Phone 952-472-0600 FAX 952-472-0620
HARDCOVER
CALCULATIONS
(IMPI=RVIOU$ SURFACI= COVI:=RAGI:::)
SQ. FT. X 30% = (for all
SQ. FT. X 40% = (for
SQ. FT. X 15% = (for
LOT AREA
LOT AREA
LOT ARRA
HOUSE
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
Jq.~ x ~-,'.}.5'- = 5- ~, ',gq
',TACHED BUILDINGS
GARAGE/SHED)
DRIVEWAY, PARKING
AREAS, SIDEWALKS,
ETC.
10ts) .....................................
detached buildings only)
TOTAL HOUSE .......................................................
x =
X =
TOTAL DETACHED BUILDINGS ................................
no x ~0 = t0oo
~'2._ x IO,F = I% g
I~.P x t~. = I~l,E
SQ FT
%'l~t' ~,~! {5"..~ ICw,~rTOTAL DRIVEWAY,~ ETC ..........................................
DECKS Open decks (1/4" min. { X =
Opening between boards)with a ~ X J [ ~ 9
pervious surface under are not ~¥ {~ ~ ~ =
counted as hardcover.
TOTAL DECK .........................................................
TOTAL OTHER .......................................................
TOTAL HARDCOVER / IMPERVIOUS SURFACE ...................................................
/ OVER (indicate difference) ....................................................................
Revised 04/10/03
-4663-
The Home Depot # 2808
1705 ANNAPOLIS LANE, PLYMOUTH, MN 55441
(763) 509-9590
Thu Sep 18 13:19:06 2003
THOMAS LATCHAM
GARAGE 09/18/03
165046
The materials in this garage wilt cost $4932.63
This Price does not include any Special Order Items.
Drawing: 3-Dimensional View
.Door
-4664-
TThe Home Depot # 2808
1705 ANNAPOLIS LANE, PLYMOUTH, MN 55441
Thu Sep 18 13:19:06 2003
THOMAS LATCHAM
09/18/03
Front Side
:16'
2' 8"
40'
40'
-4665-
~he Home Depot # 2808
! 705 ANNAPOLIS LANE, PLYMOUTH, MN 55441
(763) 509-9590'
Thu Sep 18 13:19:06 2003
THOMAS LATCHAM
GARAGE 09/18/03
165O46
Left Side
The Home' Depot # 2808
1705 ANNAPOLIS LANE, PLYMOUTH, MN 55441
(763) 509-9590
Thu Sep 18 13:19:06 2003
THOMAS LATCHAM
GARAGE 09/18/03
165046
Right Side
i
24'
-4666-
March 28, 1995
RESOLUTION #95-35
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE EXISTING NONCONFORMING SETBACKS
TO CONSTRUCT A CONFORMING DECK AND PORCH
AT 4711 ISLAND VIEW DRIVE,:'
DEVON, LOT 3, BLOCK 7, PID 30-117-23 22 0051
P&Z CASE ~95-10
WttF. REAS, the owners, Tom and Kathy'Latcham, have applied for a variance tO
recognize the existing nonconforming garage and hardcover, in order to construct a deck and
three season porch that will conform to setbacks, and;
WltEREAS, the detached garage encroaches over the west side property line by .6 feet,
it needs minor maintenance, but appears otherwise in good condition, and;
WItEREAS, the nonconforming hardcover is as listed below:
Impervious Surface Allowed (7,500 SF)40%
Existing & Proposed Impervi.ous Surface, 59%
" 19%
Variance
3,000 sq. ft.
4,411 sq. ft
1,411 sq. ft.
The nonconforming hardcover will not be increased in this ease, and there is substantial green
space on the adjacent Devon Commons that reduces 'the negative impact of the excess impervious
surface, and;
WltEREAS, this area is a bluff, and the structure appears to be conforming to the bluff
setback, and;
WltEREAS, this property is located in the R-lA zone which requires a minimum lot
area of 6,000 square feet, a front yard setback of 20 feet to the property line abutting Island
View Drive, and a setback of 6 feet to both side yards for the dwelling, and hardcover is limited
to 40% as a lot of record, and;
WttF. REAS, 'the existing ,dwelling is conform'lng to"setbacks, and;
WHEREAS, the applicant, received a building permit is 1989 to build essentially the
same deck, but was unable to Construct it due to financial reasons. The ordinance has changed
with respect to hardcover. A variance is required due to staff's interpretation of the
nonconforming use section of the ordinance.
WH~AS, there are mature trees on the lakeside that adequately screen this structure
as viewed from the water, and;
-4667-
March 28, 1995
Wl:~RE&S, there is a permanent easement on file for the garage encroachment,
Document//604967, and the garage is in good condition and is unlikely to be removed at this
time;
Wiql*~REAS, .~__~e~_Planning Commission has reviewed the request and n,~anlmn sg.~y
recommended approval of the variance request to recognize the nonconforming detached gain. ne
asa imne~urtace, to allow construction of the deck as noted on the attached s'_'_'~,? dated
'5-~. The proposed eonstrucuon xs conforming to setbacks and will enhance the use and
function of the property.
NOW, TlqEREFORE, BE IT RESOLVED, by the City Council of the City of Mound,
Minnesota, as follows:
The City does hereby grant a variance to recognize the existing nonconforming detached
garage side yard encroachment of .6 feet and the existing nonconforming impervious
surface coverage of 4,411 square feet to allow construction of a conforming deck and
three season porch addition, subject to the following conditions:
Submittal of a revised survey that details the location of the City
utility easement.
No construction of the proposed deck shall be permitted within the
easement.
Any new construction onto the principal building be conforming to
the Building Code. '
The City Council authorizes the alterations set forth below, pursuant to Section 350:420,
Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the
use remains as a lawful, nonconforming use, subject to all of the provisions and
restrictions of Section 350:420.'
It is determined that the livability of the residential property will be improved by the
authorzafion of the following alteration to a nonconforming use of the property to afford
the owners reasonable use of their land:
Construction of a deck and three season porch as shown on the
attached Exhibit A.
4. This variance is granted for the following legally described property:
Lot 3, Block 7, Devon.
-4668-
March 28, 1995
This variance shall be recorded with the County Recorder or the Registrar of Titles in
Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1).
This shall be considered a restriction on how this property may be used.
The property owner shall have the responsibility of filing this resolution with Hennepin
County and paying all costs for such recording. A building permit for the subject
construction shall not be issued until proof of recording has been fried with the City
Clerk.
The foregoing resolution was moved by Councilmember Jensen and seconded by
Councilmember Hanus.
The following Councilmembers voted in the affirmative:
Hanus, Jensen, and Polston.
The following Councilmembers voted in the negative:
none.
Councilmembers Ahrens and Jessen were absent and excused.
SS/BOB POLSTON
Mayor
Attest: City Clerk
-4669-
He. $~29--I~ed ~ App~u&nt Ilooem~nt II,riser 192~).
.A~.~t .................................................. ~...~.~...., ~ ~ ~ .Ge~e .~ B~c~. ~ .~tl~:.~.~r.q.~.,
~u~..~.u~...~.e. ........................................ ~.~-, ,~-...Gb.~.~.~._b....~9~.¢.~L.~.Q~..~E¢.E.~.~. .................
sc~,~ ............................ ~. ........ ~.: .................. ~ ................................................................................................................................ ~s,
.......... :.~i~pm:.=.:.¥2..;,...: ........... :.,..., ~ ~ ~, ~, ·
. ~. /, ' .,, &;.., .- ~; '~ , ..
on f~e ~d el rec~ In the offtce of ~e ~egtster of Tt~es tn and f~ satd
countM. (
Lot Three (3) in Block 8even (Y) of De.on according to the plat thereof
on file and of record i'n the office of tt~e Register of Titles in and for
. said county. ;..r., ;, "'
;,'., ,,- .., .~.
zoh~ok adJotn~ ml~ l~n4~ o/~ ~..~. ~ CM....e&al ......................... ; a~ f~ ¢a~r...S a~ ¢ra~...
~....=~.=...=...~....=....=...a...~....=L.~.`.~m..%.%~.:..=..r..:.:.J.....%.;~..L..%.%..I...Z....~.~.~...L.L.~...L.Z..I.~.~ ......
~..-..~r~ ....................... Cn ~ ~ ~ m~ ~a~sg.....
~,t~, ~ ~'~.....,; ............ ~ ............... .:~..,:: .......... . ......................................................................................................................................
- ;', '~.:~er'and ~pon ~e ~sferly',l,'foot Of:ae souaerly ~4 feet of,~he n~erly
-'- ~ -"';..'-';m~ining[,~ :.g~'~' and .'S~eroom presen~y'e~ating upon Lot T~ee (3,
.... ' :[' Bl~kt ~'~' (7).in;~bn a~. en'~o~chin~ onto Said Lot Fo~ (4) Bl~k Seven
?-.{7}'in.~on"i~"i~B~t ~ot ~eedin~ ~t P~Uon'of said Lot F0~ (4)
Bilk Seven'(7) In D~on above ~es~lbed. 8aid easement sb~ll con~nue
only so.10ng as ~e ~esenfly e~ating garage and storeroom above described
e~ats ~ ~ o~e~se abandoned.
in, o~r, an~ upon, $7~S'~ o! mM l~nd o! fa~l tran~..& ~lb~d a~/oIlmof: .....................................................
The southerly 24 feet of the northerly 44.5 fel~t of Lot Four (4)
Block Seven (7) in l~n. · ,%;,, . .
State DeeU ]'ax duo t!.ereO'd'~'' mm ~ ~ / ~ ---.
-4670-
~tate et ~innesota,
O~ ~ ............................. ~0~ ............................. ~y of ........... .~L~gM.~.~. ....................................................... , 19..~.~ .... b~for~ ~
~r~o~ ap~r~, ~OEgO ~, P~r~ ~Bd ~lldre'd Pierce, husband and wife
,¥' ~ . . ............ ,, // '
: :~...,, . ~.~..~ ¥..., .,: , .
/ce3
-4671 -
MINUTES
MOUND ADVISORY PLANNING COMMISSION
SEPTEMBER 15, 2003
b. Survey Review - 4711 Island View Drive - The property owner is asking the Planning
Commission to allow them to use a survey from the mid-90's for a garage variance application.
It was used previously for another variance relative to the deck. The new garage is to be placed
in the same place. The garage corner encroaches onto the neighbor's property. A recorded
easement is supposed to be in place for that encroachment.
Mueller felt there was no problem as long as a draftperson is willing to adjust the survey to show
the current conditions and will sign to its accuracy.
-4672-
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
MEMORANDUM
To:
From:
Date:
Re:
Planning Commission ' -
Sarah Smith, Community Development Director
September 8, 2003
Survey Review- Variance Request for 471 '1 Island View Drive
iBACKGROUND
As the Planning Commission is aware, City policy requires the submittal of an updated
survey including all necessary information, including proposed improvements, a.s part of its
land use application requirements.
At its October 21, 2002 meeting, the Planning Commission discussed the City's suryey
requirements and expressed willingness to review individual requests by property owners
on a case-by-case basis to consider relaxing some of the requirements and/or waiving the
need for an updated survey in the event a land use application is requested.
Tom Latcham, 471 I Island View Drive has subm, itted a request to the Planning
Commission and is requesting review of the current survey dated 5/23/89 to determine
whether or not it is adequate for purposes of variance review to construct a new garage in
the same location of the existing garage.
-4673-
GENERAL ZONING INFORMATION SHEET
ADDRESS: ZONE: REQ, LOT AREA: EXIST. LOT AREA:
~EQUIRED.~S,7~EE~ FRONT~GE/W~DTH: ~(~ ~( .............................. ~
GOVT LOT I
o
i
~ 0 CO
0 r~' <
~ c
-4674-
· ·
LATCHAM RESIDENCE
SCHULTZ DESIGN
rNO. ~ISR~$ OATE
I
Prep,::red for I!I~H>:, \\1 ~ \ !!'~ I ii:\"
5o.0o
COMMON
LAKE MINN£TON
GENERAL NO f ['_S
939 '7
Denufus cross ch,seled ~r~ c¢,ncrete
D6nofes ex~sfmg spot elevation
Denotes proposed spot elevation
Denoles surface drainage
Dashed contour lines denotes proposed features
Sol~d contour I~nes denotes ex,sting features
F)roposed bdsement f~oor etevol:on
Proposed 'g~rdge fiE,or elevation
ALL-METRO LAND
SURVEYORS
2340 Daniels Street
t.ong Lake, Minnesota 553,56
Ph' 475-1433
SCALE
] hereby cerhfv thdt th~s survey,, plan or reporf
was prepared by me ,',r ',-de, mx d~rect superv!ston J I'= ~0I
and that I om a dul~ Neg~tered Land Surveyor
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
PLANNING REPORT
TO: Honorable Mayor and City CounCil
FROM: Sarah Smith, Community Development Director
DATE: November 28, 2003
SUBJECT: Waiver of platting approval to subdivide 2 lots (Lots 27 and 28) from Lots 23-
28, Koehlers Addition, City of Mound, Hennepin County
APPLICANT: City of Mound
PLANNNG CASE NO. 03-51
PID: 13-117-24-33-0093
ZONING: I-1 Industrial
COMPREHENSIVE PLAN:
Industrial
SUMMARY
The City Council will review a request for waiver of platting approval pursuant to City
Code Chapter 330:12 to subdivide Lots 27 and 28, Koehlers Addition from PID
No. 13-117-24-33-0093 that is legally described as Lots 23-28, Koehlers Addition.
As the City Council is aware, the subject property was purchased in September 2002
from the Balboa Partnership for the purpose of providing future sites for a proposed
MCES lift station and the Xcel substation expansion project.
Over the past few months, Staff has been working with Xcel Energy on a land
exchange agreement that would convey a portion of the City-owned parcel (Lots 27 and
28) that is located immediately east of the Xcel substation to Xcel for the Xcel-owned
parcel located immediately west of the Xcel substation (PID No. 13-117-24-33-0038).
The purpose of the land exchange is to provide space for the Xcel substation expansion
project and to accommodate the construction of stormwater pond that is needed for the
CSAH 15 construction project that is scheduled to begin next spring.
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 after receipt of the background information provided by City staff.
C:\WlNDOWSXDesktop\03-51 waiverlots27and28xcel.doc
-4677-
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.
BACKGROUND INFORMATION
Property Status. According to Hennepin County property tax records, the subject
property is considered to be one parcel. Lots 27 and 28, Koehlers Addition are
original platted lots.
Exchange Agreement. Formal action on the Exchange Agreement with Xcel Energy
by the City Council is pending. Staff will provide an update regarding this matter at the
meeting if appropriate.
ISSUES ANALYSIS
Comprehensive Plan. The Future Land Use Map included in the Mound
Comprehensive Plan guides the property for future industrial use.
Zoning. The subject property is zoned I-1 Industrial. Electrical substations are
allowed in the I-1 District upon the approval of a conditional use permit.
GENERAL COMMENTS
The waiver request was reviewed by the Public Works Director and City
Engineer. Both Carlton Moore and John Cameron have been involved in the
preparation and negotiation of the proposed Exchange Agreement with Xcel
Energy along with City Attorney Bob Lindahl.
No construction is contemplated as part of the current waiver request.
However, it is anticipated that a land use application(s) from Xcel Energy will
be forthcoming to allow expansion of the substation.
RECOMMENDATION
City staff recommends that the City Council approve the waiver of platting request to
subdivide Lots 27-28, Koehlers Addition from the City-owned parcel legally described
as Lots 23-28, Koehlers Addition To Mound subject to the following conditions:
C:\WlNDOWS~Desktop\03-5 lwaiverlots27and28xcel.doc
-4678-
The resolution approving the waiver request shall not be released until such
time as the City Council and Xcel Energy have approved the Exchange
Agreement.
The newly created lot consisting of Lots 27 and 28, Koehler's Addition shall be
legally combined with adjacent Xcel property at Hennepin County upon transfer
of ownership from the City of Mound to Xcel Energy.
3. No approval of any future development plans, land use application(s) or building
permits is included in the current waiver request for the subject property.
C :\WINDOWSXDesktop\03-5 lwaiverlots27and28xcel.doc
-4679-
CITY OF MOUND
RESOLUTION # 03-
~TION' TO APPROVE WAIVER~TTIiNG~F ROM'CTI"¥-OF
MOUND TO SUBDIVIDE A PORTION OF CITY OWNED PROPERTY
LEGALLY DESCRIBED AS LOTS 23-28, KOEHLERS ADDITION FOR
PURPOSE OF LAND EXCHANGE WITH XCEL ENERGY INVOLVING NEWLY
CREATED PARCEL WHICH WOULD CONSIST OF LOTS 27 AND 28,
KOEHLERS ADDITION
PID # 13-117-24-33-0093
PLANNING CASE # 03-51
WHEREAS, the applicant, the City of Mound, has requested waiver of
platting approval pursuant to City Code Chapter 330:12 to subdMde a portion of
the property legally described as Lots 23-28, Koehlers Addition to create a new
lot to consist of Lots 27 and 28, Koehlers Addition; and
WHEREAS, the subject property was purchased by the City of Mound
in
September 2002 for the purpose of providing future sites for a proposed lift
station and the Xcel substation expansion project; and
WHEREAS, Staff and representatives from Xcel Energy are in
the process of negotiating a land exchange agreement which would convey a
portion of the City-owned parcel (Lots 27 and 28) that is located immediately east
of the existing electrical substation to Xcel for the Xcel-owned parcel located
immediately west of the Xcel substation (PID No. 13-117-24-33-0038); and
WHEREAS, the purpose of the land exchange is to provide space for
the Xcel substation expansion project and to accommodate the construction of
stormwater pond that is needed for the CSAH 15 road project which is scheduled
to begin next spring; and
-4680-
WHEREAS, Lots 27 and 28, Koehlers Addition are original platted
lots; and
WHEREAS, the property is zoned I-1 Industrial and electrical substations
are allowed by conditional use; and
WHEREAS, City Code Chapter 330:12 states that a waiver of platting
request may be granted by the City Council if it is determined that the proposal is
in compliance with the City Code; and
WHEREAS, the waiver request has been reviewed and recommended
for approval by Staff.
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 subject to the
following conditions:
The resolution approving the waiver request shall not be released
until such time as the Exchange Agreement with has been
approved by the City Council and Xcel Energy.
The newly created lot consisting of Lots 27 and 28, Koehlers
Addition be legally combined with adjacent Xcel property at
Hennepin County upon transfer of ownership from the City of
Mound to Xcel Energy.
No approval of any future development plans, land use
application(s) or building permits is included in the current waiver
request for the subject property.
2. This waiver of platting request is hereby approved for the following
described property:
Existinq
LOTS 23 THRU 28 INCL EXCEPT STREET
KOEHLERS ADDN TO MOUND
Proposed
LOTS 23 THRU 26 INCL EXCEPT STREET
KOEHLERS ADDN TO MOUND
LOTS 27 AND 28 EXCEPT STREET
KOEHLERS ADDN TO MOUND
-4681 -
The foregoing resolution was moved by Councilmember
seconded by Councilmember
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Adopted December 9, 2003
and
Pat Meisel, Mayor
Attest: Bonnie Ritter, City Clerk
-4682-
CITY OF MOUND
5341 Maywood Road, Mound, MN 5364
Phone 952.472-0600 FAX 952-472-0620
WAIVER OF PLATTING
APPLICATION
t~ Iq ~ I~ Please type ~r print clearly
INFO Subject Address
DESCRIPTION PID~ -
LEGAL
~c.,~,o, ~. ~o,(s) ~ ~.- ~ ~, -~~ ~ ~ ~ ~ ~,oc~
~-ZO~8- CirCle: R-1 R-lA R-2 R-3 B-~ B,2 B:3~ d _~
DISTRICT
PROPERTY Are there existing structures on the prope~y? yes ~
i
Do the existing structures comply with the zoning ordi~nce for setbacks hardcover, etc.? yes / no
APPLICANT The applicant is: %wner .other:
OWNER Name ~~ ~ ~
(if other than
applicant) Address
Phone (H). (W). .(M).
SURVEYO~ Name
ENGINEER
Address
Phone (H) .(W). (U).
(~n application ever been made for zoning, variance, conditional use permit, o.r other zoning procedure for this property?
es, ( ) no. If yes, list date(s) of~pplication, action tak. en, resolution number(s).and provide copies Of re_solutions._
~,~pplication m"~-b~ ~i~ned by' al.__[ o~ners[of the subject propelrt:¢, or explanation given why this[~s not the case.
I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true
and accurate. I acknowledge that I have read all of the information provided and that I am responsible for all costs incurred by the
City related to the processing of this application consent to the entry in or upon the premisbs described in this application by any
authorized official of the City of Mound for the u__~_g.~.~e of in_.~pecting, or of posting, maintaining and removing such notices as may be
required by law. ~~"'~'~~
2.e¥~. s ed 01/~.6/03
-4683-
14
/13-117-24
LOCATION MAP
-4684-
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daily (Monday- Friday) at approximately 9:15 p.m. (CST)
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:¥';"'?'~?'":'"'"": ............. .":i' ............................
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Address:
Municipality:
Parcel Data for Taxes Payable 2003
13-117-24-33-0093
85 ADDRESS UNASSIGNED
MOUND
!13-117-24-33-0093
Watershed:
Sewer Dist:
Owner Name:
Taxpayer Name
& Address:
Parcel Size: 327X135X32~
CITY OF MOUND
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.
Sale Date: September, 2002
Sale Price: $185,000
Transaction Type: Vacant Land
Addition Name:
Lot:
Block:
Metes & Bounds:
Tax Parcel Description
KOEHLERS ADDN TO MOUND
LOTS 23 THRU 28 INCL EXCEPT STREET
Abstract or Torrens: TORRENS
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:
$81,000
$81,000
$81,000
$4,064.88
http://www2.co.hennepin.mn.us/pins/pidresult.js-4685- 11/28/2003
Hennepin County Map Server Page 1 of 2
::::: : " :: ...... ::::::~':'::": iiii!:: :::::
Click on map to view information on adjoining properties
Scroll down to see property address, value & tax info
Property ID
13-117-24-33-0093
Property Address
ADDRESS UNASSIGNED
Ix, st ul,datc: I 1/05/2003 at 1:00 PM
READ IMPORTANT DISCLAIMER INFORMATION BELOW
Approximate PropertyApproximate Property
Perimeter Area
936 ft. 46,472 sq.ft. = 1.067
acres
Market Value Total Tax (2003)
$ 81,000 $ 4,080.26
MOUND, M~ 0
Click on Property Information Button below to view main
tax int-brmation 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 repeal any map discrepancies to Bob Moulder (I-I~nnc, nin ~n.,nh, c: ~,.,,, m;,,;-:~-~ ..............
CITY P~AR~EL SHOWING SUBJECT
LOTS
-4686-
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Last update: 11/05/2003 at 1:00 PM
READ IMPORTANT DISCLAIMER INFORMATION BELOW
Approximate PropertyApproximate Property
Property ID
Perimeter Area
13-117-24-33-0037 636 ft. 25,051 sq.ft. = 0.575
acres
Property Address Market Value Total Tax (2003)
5455 LYNWOOD BLVD
$ 439,900 $ 15,353.34
MOUND, MN 55364
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tax information page for the property you have selected
:i.ii,:,::::::w: ~.i:~..:. ,:2:..-'~:. mtn,.' Su :¥~?,:,· .¥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
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EXCEL PARCEL
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Property ID
Perimeter Area
'13-117-24-33-0038 488 ft. 12,385 sq.ft. = 0.284
acres
Property Address Market Value Total Tax (2003)
5473 LYNWOOD BLVD
$ 118,000 $ 1,809.94
MOUND, MN 55364
Last update: 11/05/2003 at I:00 PM
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XEEL PARCEL INVOLVED IN LAND EXCH.
http://www19.co.henn.../esrimap.dll?name=Hem_46~8_nd=Find&VALUE=131172433003 11/28/2003
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
MEMORANDUM
To:
From
Date:
Re:
Honorable Mayor and City Council
Sarah Smith / John Cameron / Carlton Moore
12/1/2003
Stormwater Management / Erosion Control / Floodplain Alteration
Permits - County Road 15 Road Realignment Project
Local Approval for Surface Water Manaqement Plan
Upon approval of the Mound Surface Water Management Plan by the MCWD Board of
Managers in August 2002, permitting responsibility for stormwater and floodplain alteration
activities were transferred to the City of Mound.
Permits Required
Background. As the City Council is aware, the Construction Agreement was recently
approved by the City Council and has been forwarded to the Hennepin County Board of
Commissioners for approval at an upcoming meeting in December. It is anticipated that
the project will be bid in December- January with construction activities expected to begin
in Apd12004.
Stormwater and Erosion Control. Based on the City Code Section 375.00 and MCWD
Rules B and N, the project requires a stormwater and erosion control permit(s).
Floodplain Alteration. Based on City Code Section 300.15 and MCWD Rule C, the
project also requires a floodplain alteration permit. The 100-year floodplain elevation
in the City of Mound is 931.0. City Code Chapter 300.15, Subd 4 (b) states that the
placement of fill in the flood fringe shall result in a no-net decrease in 100-year flood
storage. In the event the floodplain compensation cannot be accommodated on-site, it
must be accomplished on the same waterbody and in an appropriate location
approved by the City. The applicant is proposing to remove 5500 cubic feet of
floodplain volume in one area that will be replaced with 28,512 cubic feet of floodplain
compensation via the construction of two ponds. Therefore, the project results in a net
increase of 23,012 cubic feet of additional floodplain capacity.
A:~nemostormwaterpermitcsah 110.doc
-4689-
Notification
Pursuant to the City's notification requirements as set forth in the Mound Surface Water
Management Plan and MCWD Rule A, a notice regarding the proposed project was sent
to all property owners located within (600) feet the week of December 1, 2003.
Additionally, copies of the application and project plans were forwarded to all public
agencies as referenced on the Combined Notification Form by Hennepin County. As of
this date, the City has received no comments.
Recommendation
Based on review by Staff including the Director of Public Works and City Engineer, it is
recommended that the stormwater management, erosion control and floodplain alteration
permit(s) subject for the County Road 15 project be approved subject to conditions. A draft
· Page 2
-4690-
Hennepin County Transportation Department
1600 Prairie Drive
Medina, MN 55340-5421
763-745-7500, Phone
763-478-4000, Fax
763-478-4030, TDD
www. co.hennepin.mn.us
November 21, 2003
Sarah Smith
Community Development Director
City of Mound
5341 Mayowood Road
Mound, MN 55364
RE: CSAH 15; County Project 9417
Watershed Permit Application
The Hennepin CoUnty TranspOrtation Department is requesting a permit frOmi-h~:~fi:~h~l-ia-'~k':
Watershed District (MCWD) for the storm water runoff for the reconstruction of CSAH 15 in the City
of Mound. The project runs from approximately 600 feet west ofCSAH 110 to Cypress Lane and on
CSAH 110, 500 feet north and 200 feet south of CSAH 15.
A permit request for issues covered under the Wetland Conservation Act will be addressed under
separate cover. A NPDES stormwater permit from the MPCA will also be obtained for this project.
The existing roadway is 4-lane undivided with curb and gutter. Heading west on 15 there is a T-
intersection at CSAH 110; the road follows 110 north to Lynwood Boulevard, then takes a left and
continues west. The purpose of the project is to realign CSAH 15 concurrent with Mound's
redevelopment of their downtown area, and to improve safety. The realignment will eliminate the T-
intersection, improve traffic flow, and reduce conflicts between vehicles and pedestrians.
Best Management Practices (BMP's) proposed for this project as shown in the plans include grass
strips, silt fence, silt curtain, ditch checks, inlet protectiOn, sod and seeding, and flattening the grade at
Belmont Lane to slow the water. Additional BMP's include street sweeping and catch basin cleaning.
Two NURP ponds are to be constructed and will remove approximately 57% of the phosphorous.
Attached documentation shows the compliance to rules "B", "C" and "N".
The MCWD requirement that a declaration for maintenance responsibilities be provided has been
addressed with cooperative agreement PW 45-60-01 (attached). The agreement expires September 20,
2007.
Sincerely,
Guy K. Nowlan, P.E.
Design Project Manager
Attachments
An Fq!tal Or~portunlty gmployer - 4691 - Recycled Paper
ICED
n CED
II
-4692-
COMBINED JOINT NOTIFICATION FORM - WATER RESOURCE APPLICATION
Use this form to notify/apply to the City of Mound, their engineering consultants, the DNR, and the Minnehaha Creek Watershed
Distdct of a proposed water/wetland project or work that falls within their jurisdiction. These agencies should advise you of their
requirements within 10 days. Fill out this form completely and mail a copy, with plan, maps, etc. to the City of Mound, 5341
Maywood Road, Mound, MN 55364. Keep a copy for your records.
YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK,
APPLICANT NAME ~ ~f,,hdEl¢#4 ~'o ¢/V"f'ff
APPLICANT ADDRESS
PROJECT ADDRESS
PROPERTY I.D. NUMBER
'/"'~J.r'Po~4'T;.~v /3 ~P/~r~e-/,~7~
CITY ~ t~'"f,)l,,~' STATE M ,~/
CITY STATE
ZIP
ZIP
LENGTH OF SHORE AFFECTED (FT) VOLUME OF FILL OR EXCAVATION (CY)
AREAFIIII:DOR~'~VATE~IS ~,2~ ACRES, OR SQUARE FEET.
TYPE OF PERMIT BEING APPLIED FOR: (Check all that apply)
FLOODPLAIN ALTERATION / STORM SEWER OUTFALLS
APPLICANT'S REPRESENTATIVE: (Licensed Contractor, Engineer, etc)
ADDRESS CITY
STATE ZIP
PROJECT PURPOSE (Why is this project needed - what benefits will it provide?)/ . _
ALTERNATIVES (Describe any other sites or methods that could be used to achieve the purpose of your project
while avoiding or minimizing water/wetland impacts. Attach additional sheets, if needed.
DATES: Proposed start of activity: /~f~",4'l/- ~,~,5~' Proposed completion:
(Identify any completed work on attached drawing.)
NAMES & ADDRESSES OF ADJOINING PROPERTY OWNERS ~ list if more)
PERMITS HAVE BEEN RECEIVED ® OR APPLIED FOR (A) FROM DNR~
COUNTY CITY MN POLLUTION CONTROL AGENCY
ARMY CORPS OF ENGR
I hereby notify the recipients of this form of the project proposed herein and request I be advised of any permits or
other determinations concerning this project that I must obtain. I understand that proceeding with work before all
requir.ed authorizations are/obtained may be subject to Federal, State and/or local administrative, civil and/or criminal
Agent D~e
-4693-
INSTRUCTIONS - PLEASE READ CAREFULLY
A copy of this form, with copies of all plans, drawings, etc. should be sent to each agency indicated
below. Please check the appropriate spaces to show everywhere you are sending this form.
Remember to keep a copy for your records.
~/Minnehaha Creek Watershed District (MCWD)
Minnesota Department of Natural Resources (MDNR)Regional Office
US Army Corps of Engineers (ACOE) at: Dept. of the Army, Corps of Engineers, St. Paul
District' ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638
Note: .The agencies above may provide a copy of your completed form to the Minnesota Pollution
Control Agency (MPCA). MPCA water quality issues may apply to your proposed project.
ATTENTION (from USDA): Any activity including drainage, dredging, filling, leveling or other
manipulations, including maintenance, may affect a landuser's eligibility for USDA benefits under
the 1985 Food Security Act as amended. Check with you local USDA office to request and
complete Form AD-t026 prior to initiating activity.
IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form
as a permit application form. If you wish this form to constitute an application to the Corps and/or
MDNR for any necessary permits for your projects please carefully read the following information
and sign where indicated.
Application is hereby made for a permit to authorize the activities described herein. I certify that I
am familiar with the information contained in this application, and that to the best of my knowledge
and belief such information is true, complete and accurate. I further certify that I possess the
authority to undertake the proposed activity or I am acting as the duly authorized agent of the
applicant.
Signature of Applicant Date Signature of Applicant Date
Note: The person who desires to undertake the proposed activity must sign the application (Applicant)
or it may be signed by a duly authorized agent if the information requested below is provide.
Agent's Name & Title:
Agent's Address:
Agent's Telephone:
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of
the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact
or makes any'false, fictitious or fraudulent statements or representations or makes or uses any false writing document
knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or
imprisoned not more than five years, or both.
-4694-
COOPERATIVE AGREEMENT "
Between the Minnehaha Creek Watershed District
and the County of Hennepin
for Stormwater Facility Maintenance
Hennepin County Agreement No. PW 45-60-01
This Cooperative Agreement is made by and between the Minnehaha Creek Watershed
District, a watershed district with purposes and powers as set forth at Minnesota Statutes
Chapters 103B and 103D ("MCWD"), and the County ofHennepi.n, a bgdy corporate and politic
of the State of Minnesota ("County").
WHEREAS pursuant to authority of Minnesota Statutes § 103D.345, the MCWD
implements a permitting program.under which stormwater management requirements apply to
land development activities pres. ently referenced as Rule N; and
WHEREAS the County is subject to those requirements; and
WHEREAS in order to comply with applicable MCWD requirements, a landowner
constructing stormwater management facilities is required to execute a declaration assurnir~g
responsibility to maintain those facilities indefinitely; and
WHEREAS the County from time to time is subject to this requirement pursuant to the
terms of an MCWD permit; and
WHEREAS the parties concur that it is clearer and procedurally more efficient for the
MCWD and the County to agree at this time on the standard requirements of stormwater facility
maintenance, so that this Agreement may be referenced in MCWD permits for future projects;
WHEREAS the parties concur that the County has the resources and organizational
structure necessary to carry out maintenance needs, as they become apparent;
NOW THEREFORE the standard maintenance obligations to be assumed by the County,
at its own expense, are as follows:
1. The County shall inspect all stormwater retention and detention ponds at least
annually. Pond function will be considered inadequate if sediment accumulation has decreased
the wet storage volume by 50%, or dry detention volume by 25%. The County shall restore the
basin to its original design elevations and dimensions and will restore vegetation in disturbed
areas within one year of the inspection date.
Govt'l Unit Cooperative Agreement
Stormwater Facility Maintenance
Hennepin County/MCWD
-4695-
2. The County shall inspect grit chambers, sump catch basins; and sump manholes in
the spring, summer and fall, and oufl~t structures, culverts and other stormwater facilities
annually. Accumulated sediment and debris will be removed so that the facility continues to
operate as designed and erosion or structural problems will be corrected.
3. A brief written report, on a form provided by the District, will be prepared and
submitted to MCWD annually that describes the maintenance activities performed under this
Agreement, including dates, locations of inspection'and maintenance activities performed.
4. MCWD permits for specific projects may contain additional conditions regarding
stormwater facility maintenance or other project elements as determined by the MCWD to be
appropriate pursuant to MCWD Rules.
5. Respo,nsibilities of the County may be assigned to another governmental unit on
6. This Agreement may be modified only by an amendment signed by the parties.
7. This Agreement shall be effective on the date of execution by the parties and shall
remain in force .for five years from that date. Any obligations assumed by the County before
expiration of the Agreement shall survive expiration.
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement.
MINNEHAHA CREEK WATERSHED DISTRICT
Date:
By P ~'1'~ ent,' Board
APPROVED AS TO FORM and EXECUTION
Date:
COUNTY OF HENNEPIN
ATTEST
And: t,,-~-~,/~-~- t-'~---. . ~ ,. ._
Assist~epu~/Coun~ ~strator
Govt7 Unit Cooper~ve A~e~ent ~
8torqUer Fad~ M~tenance
Hennep~ Coun~C~
Date:
2
-4696-
CITY OF MOUND
RESOLUTION #03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND
APPROVING THE STORMWATER MANAGEMENT, EROSION CONTROL AND
FLOODPLAIN ALTERATION PERMITS SUBMITTED BY THE HENNEPIN COUNTY
DEPARTMENT OF TRANSPORTATION FOR THE COUNTY ROAD 15 ROAD
PROJECT
WHEREAS, the applicant, Hennepin County Department of Transportation, has submitted
Stormwater, erosion control and floodplain alteration permit applications for the County
Road 15 / County Road 110 Road Project which is scheduled to begin in April 2004; and
WHEREAS, the final project plans and Construction Agreement were previously approved
by the City Council; and
WHEREAS, permitting responsibilities for stormwater and erosion control were transferred
from the Minnehaha Creek Watershed District to the City of Mound on August 22, 2002
following approval of the Mound Surface Water Management Plan by the MCWD Board of
Managers; and
WHEREAS, City Code Section 375.00 regulates grading, soil erosion, sedimentation
control and stormwater management in the City of Mound and Section 375.20, Subd.
Subd. 2 (E) states that a stormwater permit is required for a road project that results in a
net increased in impervious surface; and
WHEREAS, City Code Section 375.10, Subd. 2, requires the issuance of a erosion control
permit for all land disturbing activities; and
WHEREAS, City Code Chapter 300.13 Subd 4 (b) states that the placement of fill in the
flood fringe shall result in a no-net decrease in 100-year flood storage; and
-4697-
WHEREAS, the permit applications have been reviewed by the Director of Public Works
and City Engineer and have been recommended for approval as they are consistent with
the Mound Surface Water Management Plan, City Code Section 300.15 (Floodplain) and
City Code Section 375.00 (Grading, Soil Erosion, Sedimentation Control and Stormwater
Management).
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota:
The stormwater management, erosion control and floodplain alteration permits are
hereby approved for the County Road 15 / County Road 110 Project subject to the
following condition:
a~-T~-ejeet~,~-shel I~e--eenet~mted~eeerd~g--~he=prejeet-d3ta~a~
approved by the City Council.
The foregoing resolution was moved by Councilmember
Councilmember
and seconded by
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Adopted by the City Council this 9"~ day of December 2003
Mayor Pat Meisel
Attest: Bonnie Ritter, City Clerk
2
-4698-
MOUND
CITY OF MOUND
PUBLIC NOTICE
STORMWATER (MCWD RULE N)
FLOODPLAIN ALTERATION (MCWD RULE C)
EROSION CONTROL (MCWD RULE B)
PERMIT(S) APPLICATION NO. 2003-04
NOTICE IS HEREBY GIVEN, that the Mound City Council, at its December 9, 2003
meeting, will review the stormwater, floodplain alteration and erosion control
permit application(s) submitted by Hennepin County Department of Transportation for
the CSAH 15 Road Project. The meeting will be held in the Council Chambers at
Mound City Hall, 5341 Maywood Boulevard, Mound, MN at 7:30 PM.
As your property is located within (600) feet of the proposed project area, you are
being provided written notification pursuant to MCWD Rule A. Information regarding
the permit application(s) is on file and available for review at City Hall.
If you have questions regarding this matter, please contact Public Works Director
Carlton Moore at (952) 472-0636 during regular office hours or electronically at
Carltonmoore@cityofmound.com.
II
-4699-
FOR IMMEDIATE RELEASE
November 4, 2003
MEDICA.
For more information, contact:
Larry Bussey
Communications Director, Medica
952-992-8013
Cellular: 612-309-8896
E-maih larry.bussey@ medica.com
Medica to Offer First-Ever Premium Holiday in December
Constituents to Receive $80 Plus Million in Benefits
MINNETONKA, MN -- Medica today announces programs to extend over $80 million
dollars in benefits to its customers, members and providers.
The programs include a half-month premium holiday, physician incentive plans, and an
affordable pharmacy benefit for seniors.
The action is the direct result of an easing in medical cost increases, successful medical cost
reduction efforts and the company's recent investment performance. The broad-based effort
to return the cost savings will ultimately impact all of Medica's customers.
"We are managing our business in accordance with our not-for-profit mission," said David
Tilford, president of Medica. "Medical cost increases have slowed, at least temporarily. The
steps we are taking will benefit customers, who have bom the brunt of cost escalation. They
will also help to keep the cost escalation in check over the long term."
After five years of rapidly escalating health care costs, the trend has moderated, at least for
the time being. While Medica anticipated in its 2003 prices lower medical cost increases
than 2002, health care costs this year have been even lower.
In addition, efforts to contain health care costs such as the promotion of generic drags and
improved disease management programs are creating additional savings. Medica has saved
about $20 million overall by encouraging the use of generic drugs.
All of these cost savings trends are expected to continue into 2004. On average, customers
can expect to see lower premium increases than in the recent past.
Medica's Medicare Prime Solution members have already been told they will see zero
premium increases in 2004.
- more-
-4700-
Programs that will benefit commercial and government program customers include:
· Fully insured commercial customers, as well as Medicare and individual members,
will receive a 50 percent premium holiday in the month of December, meaning half
of their monthly premium will be waived.
The state of Minnesota, Medica's largest customer, will also receive a half-month
premium holiday totaling $19 million for State Public Program premiums in 2003.
· Medica is making available an affordable senior pharmacy benefit plan. The Medica
Prime Solution Rx Rider will provide broad-based coverage for both generic and
brand name formulary drugs with a monthly premium of $39.
· Self-insured customers will receive a 50 percent administrative fee holiday for the
month of December.
To benefit members, Medica is expanding various health improvement programs. These
~n-Ztu--~d~ fmp-fOVing -acc-e-s s m-~u-'~h-6t s-~o-y~e~ m~~~~ ~-i-fw---h~ ~e ~ary~
Also included are Fit ChoicessM by Medica, a health plan feature that rewards fully insured
members for healthy behavior and an expansion of our disease management programs to all
commercial membership.
For providers, Medica is establishing a performance-based incentive program to reward
providers for increased reliance on evidence-based medicine to minimize the over-utilization,
under-utilization and mis-utilization of health care resources. Medica is also funding a
performance pool to reward its physician network for improvements in quality of care, ease
of access to care, overall member satisfaction, and efficient and cost effective delivery of
health care services.
Medica will also make a contribution to the Medica Foundation. This funding will provide
for provider quality improvement programs, work-site wellness programs and community-
based health activities.
These programs for providers are key to the overall effort to not only return current cost
savings to customers but also to hold down the growth of medical costs in the future.
Working in partnership with providers, this program will result in better patient outcomes,
improved health care quality and member service, more efficient interactions between
Medica and its providers, and less utilization of the system overall.
"As a not-for-profit health plan, Medica is taking these steps to ensure that customers,
members and providers all benefit from what has been a successful year. We will continue
our efforts to control health care costs, and to reward behavior that contributes to the long-
term health of the Minnesota health care system," said Tilford.
Fact sheet available upon request.
About Medica
Medica is the leading health plan in Minnesota, with one million members, and is both non-profit and independent. Medica
has been awarded the highest possible accreditation status -- "Excellent" -- by the National Committee for Quality
Assurance (NCQA®) for the commercial health plans it provides to Minnesotans and North Dakotans as well as for its
Medicaid HMO plans. Medica's mission is to meet its customers' needs for health plan products and services. In doing so,
Medica works with members and providers to make health care accessible, affordable and a means by which its members
improve their health.
-4701 -
Date:
Subject:
STANTON
GROUP
November 19, 2003
Issues relating to Medica premium/administrative fee "holiday"
The recent announcement of Medica to return excess reserves in the form of a premium. or
administrative fee/specific stop-loss premium holiday creates several issues of importance for
employers sponsoring health plans either insured or administered by Medica. There are five
main issues, which we have simplified and summarized below to assist you in your discussion
with your legal counsel. While the following constitutes a compilation of comments from
s?bve~Fdl'El~J[$~~ ~cperts, t~i~ d~es n~-~'~'~o?~b~ii~}iYu-{e-l~'~l'~i~t'~ :
Insured plans subject to ERISA:
Amounts paid by the employee for health insurance through salary reduction are usually
considered plan assets, even though these employee contributions may not be held in trust.
ERISA does not allow any benefit of an employee welfare plan to "inure" to the plan sponsor-
in other words, the employer cannot profit from the operation of the plan.
A number of the ERISA experts we have talked to believe that any amounts returned by Medica
must be shared with (passed through to) employees, presumably in the same ratio in which the
employee contributes to the monthly, premium. As a result, this would mean that the 50%
pre~ holidaY should result in a Corresponding reduction for employee contributions of 50%
from what is ordinarily contributed for the coverage period. Therefore, if there is an 80%/20%
emis!,0Yer/emp!oyee split, the premium holiday would be shared 80%/20% as well.
One ERISA: expert, to whom we spoke feels that the sharing of the premium holiday should be
determined based upon plan document language, as follows:
' If the plan document expresses contributions as a fixed percentage of premiums (i.e.,
80%/2~%), then the holiday should be shared proportionately, as indicated in the above
paragraph.
· i~:~.~::~f~::~'~d6~mbfit e~,~::(fi~:employee confhbutlOn ~ a fixed doll~ momt (~d
· e employer pays ~e rest), ~en ~e premim holiday should first be credited agmst ~e
hll employer conffibutio~ for ~e p~od: ~ing "le~ ova" a~er tbs cre~t Would
then be cre~ted to ~e employee.
-4702-
November 19, 2003
Implications of Medica premium/administrative fee "holiday"
Page Two
Self-insured plans subject to ERISA
For self-insured plans, the return of administrative fees and specific stop-loss premiums from
Medica represents a reduction in administrative/stop-loss costs, not a reduction in the cost of
paying claims from employer assets. Although this return is small in comparison with the
overall expense of the health plan, the same issues described above hold true. Employers
sponsoring self-insured plans should review the plan document to determine if
administrative/stop-loss costs are paid by the employer completely, or shared. If plan language
does not allocate administrative/stop-loss costs entirely to employer's share of the cost of
with employees.
Plans not subject to ERISA
Whether insured or self-insured, plans not subject to ERISA (typically, those sponsored by
churches and governmental entities) may have limitations imposed upon them by collective
bargaining agreements, personnel policies, state law, or the Public Health Services Act. These
potential limitations should be reviewed with counsel to determine if they impact the disposition
of the Medica premium/administrative fee holiday.
COBRA
Individuals who are continuing their coverage under the health plan pursuant to COBRA may be
charged 102% of the "cost to the plan" (limited exceptions apply, such as the COBRA disability
extension rules). While there is no definitive ruling from the IRS on issues such as this, for plans
insured by Medica, it seems prudent that COBRA continuees' COBRA premiums should be
adjusted to reflect the Medica premium holiday, since for the period of coverage corresponding
with the premium holiday, the "cost to the plan~:has reduced. ~;If January is in the same 12-month
premium determination period as expreSs'edwin plan doements, legal counsel should be sought
regarding whether the COBRA continuees' ~femiums can b6 iaised back to the "regular" amount
in Janu~ without violating Internal Revenfi~':~S~ice re'~lhti°ns (§54.4980B-8, Q&A-2 )
..... ~ , ? "h;~::':I ·
regarding' increasing COBRA premiums i i ' '
Self-insured plan administrators may wish to consult with their legal counsel to determine if the
overall reduction in administrative costs represented by the administrative feeholiday, would ,~
warrant a current reduction in the COBRA premium for qualified beneficiaries. Of course, this
reduction in administrative costs should, be considered when determining subsequent years'
premium cost equivalents, i.e:, the actuarial "cost to the plan".
-4703-
November 19, 2003
Implications of Medica premium/administrative fee "holiday"
Page Three
Cafeteria Plans
Employers that allow employees to pay their share of health plan contributions via salaxy
reduction on a pre-tax basis through a cafeteria plan have another issue to consider. Employees'
pre-tax elections are typically irrevocable - they cannot be changed during the cafeteria plan year
unless the employee experiences a status change that is specifically addressed in and allowed by
the plan document. Most cafeteria plan documents allow for automatic adjustment in the
individual's election if the cost of coverage changes during the plan year. You should check
your cafeteria plan document to ensure that this is the case in your situation.
The above comments have been provided for informational purposes onl.¥ and,}'ou are
encouraged to discuss ,},our specific circumstances with ,},our legal counsel.
-4704-
City of Mound
Medica Savings
Dec. 200~
Gino
12102/2003
Employee
Employer
Total
Nov. 2003
$4,842.80
27,572.61
$32,415.41
Dec. 2003
$o.oo
16,207.73
$16,207.73
Savings
$4,842.80
11,364.88
$16,207.68
-4705-
Law enforcement officials defend use of administrative
fines for Iow-level traffic violations
Anne Finn
At a meeting organized by Royalton
Police Chief Jeff VanGrinsven, dozens
of law enforcement officers fi'om greater
Minnesota cities and counties gathered
last week to talk about the recent
controversy over city and county use
of administrative fines for traffic viola-
tions. The meeting was held in respome
to a ruling on the matter issued hst
month by the Office of the State
Auditor (OSA), which said that cities
and counties do not have the authority
· Some law enforcement officials say
the surcharges imposed, and recently
increased, by the state make the cost
of statutory violations excessive for
residents. The local fines are generally
much lower than the statutory
citations.
· Police officers are sometimes torn
between issuing a warning with no
consequences and a large fine that
may have severe financial conse-
quences for some violators. An
minor speeding violation. Of this
amount, the city receives between
$13 and $20, and the county receives
just slighdy more.
The meeting also included a
discussion of the lack of a reporting
requirement. Cities using the adminis-
trative fines for traffic viohtions said
their records do not go into a state
system and that administrative citations
do not become a part of a driver's
record for insurance purposes. But they
~oms~dminis~ra. ti~es: fo r.tmflS, c~_-=? ,:- ~stmti_ve~pemlty~opfio~ereates ,were~quiek*to~oiat-o ut .t hat-~min gs
violations. The OSA also claimed cities
and counties are increasing the use of
administrative fines to make up for
cuts to local government aid (LGA). -
Officials with jurisdictions in
Benton, CmwWing, Mille Lacs,
Morrison, Stearns, and Todd counties
attended. Also present were a number
of area legislators, including Rep. Greg
Blaine (R-Little Falls), Rep. Mary Ellen
Otremba (DFL-Long Prairie), Rep.
Dan Severson (IK-Sauk Rapids), Sen.
Michelle Fischbach (R-Paynesville),
Sen. Paul Koering (R-Fort Ripley),
and Sen. BetsyWergin (R-Princeton).
The legislators in attendance were
very engaged in the discussion, and some
expressed support for limited local
authority to issue administrative
citations for traffic violations. None
were aware of forthcoming legislative
initiatives aiming to reduce this author-
iW. A few suggested that language to
clarify (support) local authority in this
area would be appropriate.
Discussion focused little on the
whether cities and counties can legally
use this tool. Speakers listed the benefits
of using administrative citations, and
refuted the OSA's statements about
local governments' motives for using
administrative penalties for traffic
violations, saying raising revenue is
only part of the equation.
Key points made during the
meeting include:
an alternative to these extremes.
County court systems are overbur-
dened. Use of administrative fines
keeps some violations out of the
courts. Some court administrators
appreciate having the reduction in
petty misdemeanor cases and prefer
that these be kept at the local level.
Prosecution costs for cities have
risen dramatically. Cities can avoid
some of these costs by limiting or
reducing the number of violations
they prosecute in the court system.
Since the increased state surcharge
went into effect, some cities have seen
an increase in the number of court
challenges to statutory citations. Cities
do not have the resources to pay for
additional staffing while on-duty
officers spend time in court. Travel
expenses have, in some cases, become
excessive. With some greater Minne-
sota county courthouses closing,
officers sometimes have to travel out-
side thejur/sdiction to appear in court.
The administrative penalty system
allows cities to keep the appropriate
number of officers on regular duty
and inside the jurisdiction.
There is growing resentment among
local units of government over the
distribution of fine monies collected
for the statutory citations issued. No
matter which entity---city, county
or state--issues the ticket, the violator
pays between $103 and $115 for a
also go unreported. Some said they
would be open to a reporting require-
ment if the appropriate technology,
such as the CriMNet system, became
accessible to them.
League posilio, on issue
The League has monitored this issue
closely and is in the process of develop-
ing a policy statement on administrative
fines. The League Board did not adopt
policy language on this issue at its
October meeting. A vote was planned,
but the Board did not have time for a
full discussion of the matter. Instead,
the Board adopted as an interim
position the language that was
recommended by the LMC Improving
Service Delivery Policy Committee.
The language supports the tradition-
al uses of administrative fines (those
pertaining to local regulatory ordi-
nances), and remains stent on the use of
administrative fines for petty misdemean-
ors such as minor traffic violations. The
policy takes a position of non-support
for use of administrative fines for
violations of ordinances that duplicate
misdemeanor or higher-level state
statutes. Finall% the committee included
a provision in the recommended
policy statement that calls for fairness
in administrative penalty hearings.
The Board will revisit and
possibly vote on a permanent policy
at its next meeting on Nov. 20. ~r
November 12, 2003
Page 3
-4706-
MINNESOTA
DEPARTMENT OF H EALTN:
Protecting, maintaining and improving the health of all Minnesotans
SCORE: 90
DATE: December 1, 2003
TO: Richard D. Todd,
1350 North Arm Dhve
Mound, MN 55364
FROM:
Cindy Cook
Certification Officer
Community Water Supply Unit
Section of Drinking Water Protection
SUBJECT: Waterworks Operator Examination Results
It is a pleasure to inform you that you have passed the written examination for water supply
system operator, Class D. Upon receipt of the $23 certification fee and the yellow remittance
copy of this letter that is enclosed, your certificate will be sent to you. The $23 fee must be
received within 90 days of passing the examination or you will need to retake the
examination. The certificate fee should be made payable to Minnesota Department of Health
and should mailed to:
Public Water Supply Unit
Minnesota Department of Health
121 East Seventh Place
P.O. Box 64975
St. Paul, Minnesota 55164-0975
Your written exam is available for your review up to 60 days after the date of the examination. If
you would like to review your exam, please call Cindy Cook at 651/215-0751 or Noel Hansen at
651/215-0762.
You are to be commended for the interest you have shown in the waterworks field and the effort
made to meet the requirements for certification.
CLC:nah
Enclosure
General Information: (651) 215-5800 · TDD/TYY: (651) 215-8980 · Minnesota Relay Service: (800) 627-3529 · www. health.state.mn.us
For directions to any of the MDH locations, call (651) 215-5800 · An equal opportunity employer
-4707-
Harbor Wine & Spirits Nov 2003
Date Weather Cust 03 Cust 02 Varience
2003 2002 Difference+~-
11/1/2003 cloudyrain 485 465 20
11/2/2003 558 -558
11/3/2003 cloudyrain 208 208
11/4/2003 cloudyrain 212 297 -85
11/5/2003 coldcloudy 225 279 -54
11/6/2003 sunny/cool 249 270 -21
11/7/2003 sunny/cold 381 352 29
11/8/2003 sunny 406 477 -71
11/9/2003 603 -603
10678.78 7026.58 3652.2
8869.53 -8869.53
2873.39 2873.39
3077.43 3452,97 -375.54
3202.28 3579.3 -377.02
4225.54 3811.06 414.48
6950.15 4816.57 2133.58
8355.83 6997.63 1358.2
9431.61 -9431.61
11/10/2003 cloudy 231 231 3526.73 3526.73
11/11/2003 SUNNY 222 273 -51 3478.56 3228.25 250.31
1~/i2/2003 S~il~d~ ~243 26~, .............. :2¥?-3946~99 .... ~t9~8 ....... ......... -,627~2-1
11/1312003 snowy 221 267 -46 3400.89 3324.58 76.31
11/14/2003 sunny 440 279 161
11/15/2003 cloudy 448 472 -24
11/16/2003 537 -537
11/17/2003 SUNNY 243 243
11/18/2003 SUNNY 243 291 -48
11/19/2003 SUNNY60 258 289 -31
11/20/2003 cloudy 283 281 2
11/21/2003 snowy 463 296 167
11/22/2003 snowy 499 489 10
11/23/2003 557 -557
11/24/2003 SUNNY 230 230
11/25/2003 SUNNY 331 309 22
11/26/2003 Pt Cloudy 721 358 363
11/27/2003 777 -777
11/28/2003 Pt Cloudy 351 351
11/29/2003 cloudy 401 454 -53
11/30/2003 475 -475
7729.64 3520.44
9068.17 7579.87
9149.85
3745.19
3289.49 3523.67
3570.61 3540.64
5102.05 3643.18
8372.03 4259.63
10968.82 7917.54
9599.53
4235.26
6523.44
18584.45
6780.02
8151.43
4077.03
4966.92
16751.3
6755.94
7531.68
4209.2
1488.3
-9149.85
3745.19
-234.18
29.97
1458.87
4112.4
3051.28
-9599.53
4235.26
2446.41
13617.53
-16751.3
6780.02
1395.49
-7531.68
Totals
7994 9969 -1975 149837.2 150675.1
-837.91
dsg
-4708-
The Gillespie Gazette
VOL XI NO 12
December - 2003
CHAIRPERSON'S MESSAGE
November 17, 2003
Dear Members and Friends,
Where, oh where has our nice fall weather gone? This has not been the nicest November
that I can remember. The experts say we will have a colder and snowier winter. I hope they are
wrong.
We have had our election for the 2004 Advisory Council. COngratulations to Marilyn
Byrnes, Barb Calhoun, Gerry Dodds, Duane Eide, Jeanne Englund, Marty Garvais, Connie
Hanley, Dotty O'Brien, Gene Partyka, Marion Poteete, Tom Rockvam, Mary Ellen Storlien,
Helen Sweezo, Margaret Thorne and Pat Wallin. I have been blessed to serve as chairperson
for the last two years. Your support for our programs and fundraisers has been wonderful. I
thank you from the bottom of my heart for your support.
The months go by so quickly. The Variety Show and Dinner was very successful. A lot
of hard work went into making this fund miser a success. Our Holiday Boutique is coming
soon. -The Boutique will run from November 30th through December 14th. This is the biggest
and best Boutique in our area. Come and enjoy. Thanks to all our volunteers who work to
make this event a big success,
We will have our 2na Annual Gillespie Holiday Gathering on Saturday, January 3, 2004.
This is our Prime Rib Dinner (or Chicken ala GillesPie.) There also will be wine tasting and
"The Golden 'Strings" (formerly of the Radisson HOtel),wiI1 once again be Performing. Please
be sure to make your reservations early. Last year was a sell-out! Tables of eight may be
reserved.
This will be my last newsletter. I will continue to be very active at our Center. I need to
give a big "Thank You" to a wonderful staff who are such caring and hardworking people.
Thank you Cathy, Linda and Mary, you are the reason our Center is so special. You have a
been a big inspiration and help for me. These three wonderful people work many extra hours to
make our Center the very best. Thanks, also, to all of our volunteers and members.
Chairperson
Gillespie Center Advisory Council
-4710-
Minneapolis/Hennepin County Community Advisory Board on Homelessness
2004 State Legislative Recommendations
November 25, 2003
Dear Hennepin County Municipality,
At the November meeting of the Community Advisory Board on Homelessness (CABH)
the following legislative recommendations were adopted for the 2004 state legislative
session. The CABH applauds the efforts cities have made to preserve funding and take
policy actions to reduce the impact of the state's fiscal crisis and the resulting budget
decisions made during the 2003 legislative session.
lg principlE, the CAB~ opponents the: devqlutio~p[.5~t~_~9ti_t!.e_m~entp~r0gr~. (~u~.._~.~
Emergency Assistance) to counties and cuts to LGA funds for cities that impact
community services. We encourage you to include the following issues in your 2004
Legislative Agenda. The issues are listed by priority to preserve the existing safety net
and housing programs that benefit our homeless and most vulnerable citizens:
Support New Initiatives:
1. Legislative relief for income-restricted rental housing properties from
escalating real estate taxes and property valuations that are a result of recent
changes to property tax system and elimination of the 4D tax program.
Support legislation calling for a flexible Bonding package for affordable
housing, competitive on a statewide basis and targeted to very low-income
households, including support fOr the bonding request by the MHFA for
permanent supportive housing to end long term homelessness.
Lessen the Impact of '03 Budget Cuts/Policy Changes:
1. Provide adequate funding to Emergency Shelter and Transitional Housing
programs to restore a cut of a combined $2.7 million dollars in 2003.
New investments in homeless youth services that were reduced by 25% ($37.3
million) as a result of the Community Services Act block grant to counties.
Remove the cap on the number of new slots available to provide services to
people with disabilities (imposed on Counties in '03) through community based
waivers, including the Community Alternatives for Disabled Adults (CADI) and
TBI Waivers.
Additional impacts on homeless and disabled citizens:
· Remove Co-pays and eligibility changes to GAMC, MNCare and MA
imposed in '03 and restore funding levels to the previous biennium.
· Eliminate the $50 housing penalty for MFIP reciPients and to SSI
recipients imposed in '03.
-4711 -
· Restore cuts and increase funding to the Bridges rental assistance program for
persons experiencing mental illness.
~exisfing~nd~new-le gistation~and-r efon,a-to~reventdiseriminafio n,
improve acceSs to affordable housing and prevent homelessness. (such as
Application Fee Reform, Human Rights assurances, Eviction and Unlawful
Detainer processes. Oppose'legislation limiting the expungement process for
Unlawful Detainers.
Increased Resources for Effective Programs:
1. Increase base funding to the Family Homeless Prevention and Assistance
Program (FHPAP).
We welcome the opportunity to work with your staff to realize these essential reforms on
behalf of homeless citizens and to present these recommendations to your City Council
upon request. If you would like to schedule a meeting, contact Pat Crosby at 612-879-
3470.
Sincerely,
Paul Williams
Chairperson
On Behalf of the Community Advisory Board on Homelessness
-4712-
i ( METROPOLITAN MOSQUITO CONTROL DISTRICT
~ .... ~ii METRO COUNTIES GOVERNMENT CENTER
JOSEPH F. SANZONE, BCE W.J. CAESAR
Director Business Admin.
November 26, 2003
Kandis Hanson
Mound City_Manager .... _ · ...........
5341 Maywood Road
Mound, MN 55364
Dear Ms. Hanson:
Enclosed is a smianary of work done by the Metropolitan Mosqu/to Control District (MMCD)
within your community during the 2003 mosquito control season. New in 2003, MMCD treated
approximately 50,000 catch basins within the metropolitan area. Throughout the country catch
basins have proven to be an/deal habitat for mosquitoes that transmit West Nile Vires. This is a
very time consttming and labor intensive operation, and we hope to explore ways we might work
together to accomplish tiffs/mportant work. MMCD will be contacting your director ofpubl/c
works to identify a contact regarding catch basin work.
MMCD is primarily a region-wide larval control program that targets immature mosquitoes and
biting gnats while they develop in water. In early spring, and after each significant summer rain,
MMCD treats abe worst mosqu/to production areas w/thin the District with a natural soil
bacterium (Bti). The same soil bacterium is used to control immature biting gnats in the rivers
and streams of the metro area. These treatments prevent billions of immature mosquitoes and
biting gnats from hatching into adults. The result is significantly fewer mosquitoes and gnats
within the District compared to areas that do not receive control.
Control of adult mosquitoes is condUcted when there is a risk of mosquito-borne disease, and
when adult mosquito populations interfere with outdoor activities. MMCD treats parks and
recreational areas along with neighborhoods where infestations of mosquitoes have been
identified. MMCD uses resmethrin and permethrin to control adult mosquitoes.
LaCrosse encephalitis (LAC) is a viral disease transmitted by a species of mosquito that develops
in old tires, artificial containers and areas in trees that hold water. MMCD monitors both larval
and adult populations of this mosquito, and provides 'control when risk is high, or cases are
reported. The District also conducts an aggressive public information program designed to enlist
citizens' help in reducing the risk of this disease.
AFFIRMATIVE ACTION EMPLOYER
I~ Printed on rscycied paper containing et least 15% post-consumer paper fibers
-4713-
MMCD also works to prevent Lyme disease in the metro area. The District monitors the
distribution of deer ticks, the carder of this bacterial infection, throughout the metropolitan area.
In addition, MMCD works closely with the Minnesota Department of Health in providing
Please review the enclosed summary. If you have any questions, or would like to meet to discuss
our agency's activities within your community, please contact me.
Sincerely,
jim St~~k '
(651) 643-8363
jimstark@visi.com
-4714-
MOUND
Total Larval Mosquito Treatment Acres 107.61
Total Adult Mosquito Treatment Acres 68.97
Events Receiving MMCD Services:
None
Parks Receiving Adult Mosquito Treatments:
Swenson Park
Citizen Request for Service
Total Citizen Calls - 34
Type of Citizen Request:
Breeding Site - 8
Annoyance - 8
Mosquito- 16
General Response - 0
Immediate Response - 0
Tire Pick-up - 2
Public Treatment Request - 0
Other: 0
Catch Basins:
Wet - 190
Dry- 374
-4715-
for
Conference
Expe. rienced
Officials
Contemporary Trends in Local Government.
Running today's local government smoothly requires building
a strong team with a partnership of elected officials, city staff,
and residents.
At this conference, you will:
· Learn how to balance the four, key democratic values--
representation, efficiency, social equity, and individual rights.
· ExPlore how building a high-performance team means
appreciating the differenCes the city council and staff bring
to policy-making.
· Discover how tO balance demands for "building community"
and "modernizing the city."
· Tune in to how the League can help you with your everyday
concerns and challenges.
Start the new year refreshed and inspired by. this terrific conference!
Sharpen your leadership skills, learn new ones, and reVive your
commitment to public service.
The League of Minnesota Cities is a membership organization that represents
more than 800 Minnesota cities. We serve Minnesota cities through effective
advocacy, expert analysis, rrusted guidance, and collective action.
Register online anytime: www. lmnc.org
See insideJbr complete agenda and registration informati°n
-4716-
FRIDAY
3:00-5:15 p.m.
5:30-6:30
6:30-8:30
The High-Pertormance City Council
Roll up' your sleeves to work together to:
· Learn how high-performing city councils have balanced the four, key democratic
values--representation, efficiency, social equity, and individual rights.
· Find out how to balance these values to build and maintain a sense of community.
Social Hour
This is a chance to relax and network with your peers from neighboring cities.
Dinner and Recognition of Leaders
8:00-9:00 a.m.
9:00 a.m.-
12:00 p.m.
The Differing Strengths of Council and Staff
Dive into council/staff relations to:
· Explore how staff support can impact your success in the policy arena.
· Learn h°w building a high-performance team means appreciating the very different
perspectives the city council and staff bring to policy-making.
Challenges of the 21't Century City
Continue building upon what you learned in the first session:
· Discover the challenges of meeting the sometimes Conflicting demands for
"building community" and "modernizing the city."
· Learn about these trends and how they affect elected officials and staff.
· Get tips on how to turn these challenges into opportunities for your city.
-4717-
John Nalbandian, Ph'~D. is widely
recogmzed as one of the country's
As a professor of public administra-
tion at the University of Kansas for
Equally important, he has served
fu~ nc~ly !0 y~us las ~,~yu~
premier experts on council/staff
relations. This recognition is based
on his extensive and successful back-
ground teaching public administra-
tion and serving as an .elected official.
25 years, he has trained hundreds
of city managers. He spedalizes in
organization theory and behavior,
personnel administration and
professionalism in local government.
councilmember of Lawrence, Kansas.
His experience is invaluable when
examining how to help the ~C°uncil
and staffWork together to become a
high-perfOrmance team.
RegistratiOn Fee: $175 Housing: To make reservations for Cancellation PoliCY: All cancellation
How to Register: Register online
anytime at www. lmnc.org (online
registrations will be billed).
No Internet access? Call us:
· Jodie Tooley, (651) 281-1.251
· Cathy Dovidio, (651) 281-1250
· Rebecca Erickson, (651) 281-1222
overnight accommodations, call the
hotel directly:
Radisson Hotel & Conference Center
3131.Campus Drive
Plymouth, MN
(763) 559-6600
www. radisson.com/
minneapolismn_plymouth
requests must be in writingo faxed
or Postmarked 7 days prior to the
conference, and are subject to a $25
handling fee. All unpaid registrations
not cancelled 7 'days prior will be
billed at the full conference rate;
no refunds will be made.
-47'18-
League of Minnesota Cities
145 University Avenue West
St PatL~ MN 55103-2044
ADMINISTRATOR OR CLER5
CITY OF MOUND
5341 MAYWOOD RD
MOUND MN 55364-1627
Gold-Level Sponsor:
0 EHLERS
Contemporary Trends in Local Government
Whether yod've been in office for a few or many years--
this conference is for you! ' Sharpen your leadership skills, learn
new Ones, and revive your commitment to public service.
· Learn hoTM higl~-performance councils balance
key demo6ratic values.
· Focus on how city staff sees the world differently
than you 'do.
· AppreCiate the tensiOn between being responsive
and being efficient.
· Tune i.n to how the League can help you with your
everyday concerns and challenges.
Look inside to learn more about this conference
-4719-
LAND USE & DEVELOPMENT DECISIONS
Regulating the use of land has always been a tricky business. It involves a balancing act,
taking into consideration the desire for a well-managed and well-planned community,
while remaining cognizant of the high value people place on property rights.
-l~ '~' 0t su~fiSiflgl~; with I~d ~lih:
ning efforts becom/ng more
prevalent and sophisticated, and
private property rights awareness
increasing, society has seen an
increase in the number of con-
flicts (lawsuits) arising out of
government land-use regulation.
Minnesota is no exception to this trend.
By any measure of evaluation, land
use and development disputes represent
a significant flnpact on Minnesota cities.
In fact, as a percentage of total claims,
land-use litigation represents more than
20 percent of all defense and indemnity
dollars paid out by the League of
Minnesota Cities Insurance Trust
(LMCIT). The chart on page 7 shows
the number of land-use related lawsuits
that have been brought against LMCIT
member cities. The chart shows both
the number of claims, as well as the
associated costs. Given these numbers,
land use is obviously a topic worthy
of' attention.
Suggestions ~or avoiding disputes
This article offers some practical ideas
for cities to consider in trying to more
effectively head-off potential land-use
challenges. While a certain number of
disputes, and lawsuits are inevitable, the
following suggestions may be helpful
in avoiding some of the disputes. Almost
every one of the following suggestions
is generated out of some real life exanaple
encountered by a Minnesota city.
Regularly review land-use controls.
Statutes and court decisions directly
affect the authority of cities to regulate
land. Any city that has adopted a zoning
and subdivision ordinance should regu-
By Tom Grundhoefer
larly fevi~w thtse regulations t6 mak~
sure they are consistent with current
law, in areas such as: sign ordinance
rulings, adult entertainment decisions,
telecommunications regulations, park
and road dedication rules, legislation
dealing with nonconforming uses, state
law voting requirements, and "60-day"
requirements.
Cities should also review their regu-
lations to make sure they are consistent
with past staff and council interpretations,
and to make sure they are consistent
with the city's comprehensive plan.
Finally, and perhaps most importantly,
they should be reviewed to ensure con-
sistency with the council's current goals
and visions for the community, l~egu-
lations that are inconsistent with what
the council and staff see as the future of
the community can only cause conflicts
when the particular applications have
to be evaluated.
Process requests in a timely manner.
Council and staff should be mindful that
all land-use related applications must be
acted upon in a timely manner. Most
people understand that cities must have
a reasonable amount of time to consider
land-use requests. On the other hand,
they are less tolerant of a process that
unduly prolongs the approval time
process.
In addition to ordinance requirements
that some cities may have, state law is
clear in a number of different areas about
the timeframe for processing land-use
approvals. For instance, state hw requires
that a preliminary plat be either approved
or denied within 120 days of submission
to the city. Following preliminary plat
approval, and upon request, the final
bla~ ~hk~ be apbrt~ed'within 60 day~ if
all conditions of preliminary approval
have been met.
Every city should also be aware
of another statutory requirement:
Minnesota's "60-day rule" (Minn.
Stat. [ 15.99). Under this law, a city
must either approve or deny a written
request "relating to zoning" within
60 days of the time it is submitted to
the city. The city may extend the time
period for an additional 60 days, but
only if it does so in writing and before
expiration of the initial 60-day period.
As a general matter, any written request
related to zoning ought to be treated as
triggering the start of the 60-day period.
This requirement makes it vitally ina-
portant that cities scrutinize applications
as they come in the door to first make
sure that all information is present, and
then to process those applications in an
expeditious manner.
Comply with all published notice
requirements. State statute prescribes
explicit notice requirements for com-
prehensive plan amendments, rezoning
requests, and subdivision approvals.
Generally, the law requires 10 days
published notice of comprehensive
plan, rezoning, and subdivision actions.
In most cases, the law also mandates
10 days mailed notice to those w/th
property located within 350 feet of
land that is being rezone& Some cities
may also have unique ordinance or
charter provisions that specify particular
notice requirements.
Avoid making promises. City staff,
councilmembers, and planning com-
mission members should try to avoid
making representations or promises.
6 MINI~',_~.,~0-- CITIES OCTOBER 2003
about what they think the decision of
the city will be in regard to a particular
land-use matter. To the extent possible,
councilmembers and planning commis-
spokespersons when numerous people
in the audience are making the same
point; 4) a discussion about how to
handle questions; 5) comments about
stantiated emotional opposition to a
particular project should not be the
basis for a decision.
Apply facts to law. Land-use dec/sions
that might suggest a particular decision
that the council is likely to make.
Act as an unbiased fact-finder. Many
land-use matters require public hearings
at which the council and planning
commission are expected to evaluate the
facts and apply them to a given set of
standards or roles. In this respect, the
council and planning commission mem-
bers are really in a role similar to that
of a judge. It is this "judge-like role"
that requires the council and planning
commission to act in a neutral and
disinterested fashion.
To achieve a level of neutrality,
decision-makers--to the extent possible
should refrain from talking with appli-
cants (except at meetings), should avoid
the appearance of favoritism, should
make decisions based on the evidence
presented at public hearings, and should
try to refrain from pre-judging the hers.
Develop written hearing procedures.
In order to help the public hearing
process mn well, it is helpful for the
city council to develop a written set of
policies and procedures to follow at
each public hearing. By doing this, both
the applicant and the aud/ence will
know exactly what to expect.
Ideally, the procedures should include:
1) a description of the process; 2) the
time limits in which the hearing will be
held; 3) encouragement of appointing
about tape recording the meeting (tape
recording can be helpful in order to
>roduce a verbatim transcript of the
hearing.).
Ensure process for eliciting relevant
facts. The hearing process should be
organized in such a way that both sides
to a particular controversy are given
sufficient thane to provide testimony and
offer evidence. This necessitates that
ample t/me be scheduled for particular
hearings so that all the various points of
view can be brought forward, There
should also be ample time for questions
from the planning commission members,
the city council, and the audience.
Consider the role of neighborhood
opposition. Neighborhood opposition is
perhaps the most challenging issue for
any city council or planning commission
to deal with when considering the
merits of a partcular zoning application.
Case law holds that the views of neigh-
bors should not be the sole basis for a
particular city action.
In this regard, it is helpful to distin-
guish between what might be termed
the the "quanfty" of the comments, as
opposed to the "quality" of the com-
ments. For example, well-supported
testimony that brings forth relevant
facts is the kind of information upon
which a city council can rely. On the
other hand, unsupported and unsub-
cations for conditional use permits,
subdivision approval, and variance
requests are all subject to particular
standards that are or should be spelled
out in city ordinances, or that have been
defined by state law or court decision.
In evaluating any particular zoning
request, the city council or planning
commission should apply the relevant
facts to the particular standards that
govern the specific type of decision
being made.
Prepare wrltten findings. After any
hearing, staff should be directed to pre-
pare written findings consistent with
the council's comments and the decisions
at the hearing. Those written findings
should be formally adopted at the next
meeting.
The findings should articulate all the
relevant facts that were brought forward
at the hearing. They should identify the
relevant standards by which the appli-
cation is judged, and they should apply
the facts to the relevant standards.
In the case of a denial of a particular
application, Minnesota's "60-day rule"
requires that the reasons for a particular
denial be put in writing and that those
reasons be adopted within 60 days of
the time the application was submitted
to the council. Failure to follow these
requirements may result in city council
decisions being overturned.
Take practical, common sense actions
This article does not provide any new
and brilliant guidance to cities on how
to avoid land-use disputes. Rather, it
simply raises practical, cormaaon sense
actions that a city might employ to
more fairly and appropriately address
matters that may arise. In the end, if
landowners feel they have been treated
fairly, they are less likely to challenge a
city's decisions. ~-
Tom Grundhoefer is general counsel of the
League o. f Minnesota Cities. Phone: (651)
281-1266. E-mail: tgrundho~lmnc, org.
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