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2004-01-27PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA MOUND CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 27, 2004; 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. PAGE 1. OPEN MEETING - PLEDGE OF ALLEGIANCE 2. APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA *A. APPROVE MINUTES: JAN 13, 2003 REGULAR MEETING 294-299 *B. APPROVE PAYMENT OF CLAIMS 300-331 *C. PLANNING COMMISSION RECOMMENDATIONS 1. CASE #03-52: MINNETONKA CUSTOM HOMES, INC 3064 ALEXANDER LANE MINOR SUBDIVISION PC REC'D: APPROVAL W/CONDITIONS 332-343 *D. APPROVE SPECIAL MEETING WORKSHOP FOR DEPARTMENT ANNUAL REPORTS TO THE CITY COUNCIL: MARCH 20, 6:30 PM *E. APPROVE RESOLUTION ACCEPTING DONATION BENEFITING CITY OF MOUND EMPLOYEES 344 *F. APPROVE NOT WAIVING THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY TO THE CITY 345-347 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. (LIMIT TO 3 MINUTES PER SPEAKER.) o PUBLIC HEARINGS A. CASE #03-37/03-38/03-39: STEVE HOMOLA 2420 WESTEDGE BOULEVARD MIINOR SUBD/VARIANCE/CUP PC REC'D: APPROVE W/CONDITIONS 348-382 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. PLANNING COMMISSION RECOMMENDATIONS A. CASE #03-47: FRANK & SUZANNE MATACHEK 2530 RUBY LANE MINOR SUBDIVION/VARIANCE PC REC'D: APPROVAL W/CONDITIONS 383-393 INFORMATION/MISCELLANEOUS A. Correspondence: Westonka Healthy Community Collaborative 394-396 B. Report: Harbor Wine and Spirits 397-398 C. Minutes: DCAC -Jan 15, 2004 399 D. Minutes: Planning Commission - Jan 5, 2004 400-405 E. Newsletter: MCWD 406-409 F. Correspondence: LMCD 410-420 G. Correspondence: School District 421-422 8. 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: www. cityofmound, com. MOUND CITY COUNCIL MINUTES JANUARY 13, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 13, 2004, at 7:00 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Mark Hanus, David Osmek and Peter Meyer. Members Absent: Councilmember Bob Brown. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Jeff Andersen, Jeremy & Shannon Brown, Jodi Rahn, Chris Pounder, Rick Todd, Cheryl Fischer, Alice Parsons, Jim Kurtz, Shirley Hawks, Rick Williams, Nathan Bostrom, Tom Latcham, Greg Pederson and family. Consent Agenda: Afl items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING & PLEDGE OF ALLEGIANCF Mayor Meisel called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was recited. 2. SWEARING-IN OF FIRE CHIEF GREG PEDERSON City Manager Kandis Hanson swore in Greg Pederson as Fire Chief for the City of Mound. 3. RECESS FOR RECEPTION Mayor Meisel announced that there would a reception to honor Greg Pederson and the meeting would reconvene at 7:30. 4. RECONVENE AT 7:30 P.M. Mayor Meisel reconvened the Council meeting at 7:30 p.m. 5. APPROVE AGENDA MOTION by Hanus, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 6. CONSENT AGENDA Meisel requested the removal of 6D because she plans on abstaining from voting on this item. Meyer requested the removal of items 6A,6K, and 6M. 1 294 Mound City Council Meeting - January 13, 2004 MOTION by Hanus, seconded by Osmek to approve the consent agenda, less items A,D,K & M. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $361,833.10. C. RESOLUTION NO. 04-0'1: RESOLUTION APPOINTING GINO BUSINARO, FINANCE DIRECTOR, AS ACTING CITY MANAGER FOR 2004, D. (removed) E. RESOLUTION NO. 04-02: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY CLERK. F. RESOLUTION NO. 04-03: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR. G. RESOLUTION NO. 04-04: RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 2004 H. RESOLUTION NO. 04-05: RESOLUTION APPOINTING MARK HANUS AS ACTING MAYOR FOR 2004. I. RESOLUTION NO. 04-06: RESOLUTION TO APPOINT JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR 2004. J. RESOLUTION NO. 04-07: RESOLUTION APPOINTING MARK HANUS TO THE DOCKS AND COMMONS COMMISSION, DAVID OSMEK TO THE PLANNING COMMISSION, AND BOB BROWN TO THE PARKS AND OPEN SPACE COMMISSION. K. (removed) L. Approve Fix Assets Policy, effective January 1,2004, as presented. M. (removed) N. Approve recommendations for citizen appointments to commissions: 1. Planning Commission: Cklair Hasse and David Miller 2. Docks and Commons Commission: Michelle Olson O. RESOLUTION NO. 04-08: RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS P. Approve kennel license for Mound Police Department as requested. Q. RESOLUTION NO. 04-09: RESOLUTION APPROVING AN EXTENSION OF THE LICENSE AGREEMENT WITH HENNEPIN COUNTY REGARDING ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE AND AUTHORIZING THE CITY MANAGER TO SIGN THE EXTENSION AGREEMENT R. RESOLUTION NO. 04-'10: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE A PERMANENT DRIVEWAY EASEMENT FOR REALIGNMENT OF COUNTY ROAD 15 AND OTHER PUBLIC PURPOSES. S. RESOLUTION NO. 04-'1'1: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN EASEMENTS FOR REALIGNMENT OF COUNTY ROAD '15 AND OTHER PUBLIC PURPOSES. 2 295 Mound City Council Meeting- January 13, 2004 T. RESOLUTION NO. 04-12: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL ESTATE FOR REALIGNMENT OF COUNTY ROAD 15 AND OTHER PUBLIC PURPOSES. U. Approve Letter of Undertaking with Northern States Power Company as presented. V. Approve addendum to extend current recycling contract. 4A. APPROVE OF MINUTES Meyer explained that he requested that this item be removed from the consent agenda to discuss page 9 of the minutes where Mayor Meisel states that to date the taxpayers have not paid anything toward the development that's going on and this is paid by respective developers. Meyer stated this bothered him and wants to state for the public that the City of Mound has been running up a debt on redevelopment and last Spring approved the sale of a 2.3 million bond to pay for a good share of that past debt. The portion of that bond that will be on this year's levy is $139,000 that taxpayers will have to pay on that. Meisel stated clarification, being that these tax increment funds will be reimbursed and won't be out of the taxpayers' pocket. John Dean added that typically cities issue Tax Increment General Obligation Bonds and pledge the tax increment monies for payment of those bonds. At the time the bonds as issued they don't have money in hand to make payments but money will come back to the city in flow of tax increment. It's right that initially early payments of the bond come from the city if there is not sufficient tax increment, but the expectation is that tax increment funds will be sufficient to cover payments and reimburse the City for payments made in early years. MOTION by Hanus, seconded by Osmek to approve the minutes of the December 9, 2003 regular meeting and the December 23, 2003 special meeting. All voted in favor. Motion carried. 4D. APPROVE RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 2004. Mayor Meisel requested removal of this item from the consent agenda so that she could abstain from voting, as she and her husband own the building that houses The Laker. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Hanus, Osmek and Meyer. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 04-13: RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 2004. 3 296 Mound City Council Meeting- January 13, 2004 4K. APPROVE AMENDMENT TO 2004 FEE SCHEDULE Meyer stated that the approval of a 10% increase for the sewer and water rates is included in the proposed fee schedule. He is not opposed to the increase in revenues, but opposed to how they are charged against residents. He'thinks it's unfair and should be used on a pay as you use system. Hanus stated that it is based on how much you use and Meyer stated that there is a base fee and many residents don't use enough water to cover the base fee. Meisel stated she thought Meyer requested a comparison study and it was a wash as to dollars and how they would equate. Meyer state this was discussed in budget meetings. Hanus stated what we have is standard and similar to other cities. Osmek asked Meyer if he had an alternative proposal if disagrees with the present. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Hanus, Osmek and Meisel. The following voted against: Meyer. Motion carried. RESOLUTION NO. 04-14: RESOLUTION ADOPTING FEE SCHEDULE 4M. PLANNING COMMISSION RECOMMENDATIONS 1. Case #03-45: Tom Latcham, 4711 Island View Drive, variance Meyer requested that this be removed from the consent agenda for clarification. He stated that it was a request for a side yard garage variance. The Planning Commission voted against it and the Council decided that a resolution should be brought forward for approval. He stated he can't support this because there is no hardship and there is no consistency here, and doesn't believe that a 40' wide garage should go on a 50' wide lot on Island View Drive. It doesn't fit it and he thinks it's a good time for the applicant to clean it up and make one less encroachment in Mound and make it a conforming structure. Osmek stated that the Planning Commission did disapprove this, but there was considerable discussion regarding it. He doesn't think the City should dictate that a resident with a four-car garage can't fix it up and bring it into good order and make it a long-lasting structure. It was noted that this variance was approved in 1995 but not acted upon. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Osmek, Hanus and Meisel. The following voted against: Meyer. Motion carried. RESOLUTION NO. 04-15: RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE TO ALLOW RENOVATION OF A DETACHED GARAGE AT 4711 ISLAND VIEW DRIVE. P&Z CASE #03-45, PID #30-117-23-22-0051 4 297 Mound City Council Meeting - January 13, 2004 2. Case #03-49: Nadeau, 4852 Lanark Road 3. Case #03-40/41' Oak (Hanson), 2175 Noble Lane MOTION by Osmek, seconded by Hanus to adopt the following two resolutions. All voted in favor. Motion carried. RESOLUTION NO. 04-16: RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4852 LANARK ROAD, P&Z CASE #03-49, PID #24-117-24-44-0035. RESOLUTION NO. 04-17: RESOLUTION APPROVING A MINOR SUBDIVISON AND 1-FOOT FRONT SIDE SETBACK VARIANCE FOR THE EXISTING HOUSE LOCATED AT 2175 NOBLE LANE. P&Z CASE #03-40/41, PID#13-117-24-31-0017 7. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ONTHEAGENDA None were offered. 8. ACTION ON PROPOSED AMENDMENT TO MCMD RULE M (WETLAND BUFFERS) TO APPLY TO LAKES AND STREAMS Hanus stated that this resolution is very close to the one adopted last year, and he thinks it clearly states their position. To support Rule M like they have now means the Council is willing to take away people's use of their property and affect their rights in exchange for a rule that has not one shred of evidence or proof that it would do any good. He asked for proof a year ago and didn't receive any evidence or scientific data to support their claims. The MCWD is asking the Council to negatively affect a citizen's rights on their demand and he won't do it. He's completely in support of the resolution of denial. Sarah Smith was asked to give background of Rule M and stated that the new amendment key is that the existing Rule M applies to wetlands, but the new amendment also affects designated lakes, streams, rivers and anything designated as public water. This has significant bearing on our City because of our water area. She informed the council that the public hearing is upcoming and public comments will be accepted until January 21st. Meyer quoted from a 41-page guidance document obtained from the Watershed. Discussion followed regarding validity of data. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Hanus, Osmek and Meyer. The following voted against: Meyer. Motion carried. 5 298 Mound City Council Meeting- January 13, 2004 RESOLUTION NO. 04-18: RESOLUTION OPPOSING THE PROPOSED AMENDMENTS TO MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) RULE M TO EXPAND AND INCREASE THE MINIMUM BUFFER REQUIREMENTS. 9. CONSIDERATION/ACTION ON PROPOSAL FOR ALL-TERRAIN VEHICLE FROM POLICE DEPARTMENT Police Chief Kurtz presented a proposal to the Council for purchase of an all-terrain vehicle for use by the Police Department and other departments as needed. MOTION by Osmek, seconded by Meisel to approve purchase of a 2004 Yamaha Kodiak 450 4 x 4 by taking $7,468.06 from the $25,000 budgeted for the 2004 Crown Victoria Police Interceptor and reimbursing that money from the DWI Seizure Account. All voted in favor. Motion carried. 10. INFORMATION/MISCELLANEOUS A. Newsletter: Gillespie Center B. Letter: Mediacom C. Calendar, LMCC D. Report: Finance Department, November 2003. 11.ADJOURN MOTION by Osmek, seconded by Hanus to adjourn at 8:35 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 6 299 JANUARY 27, 2004 CITY COUNCIL MEETING 011404SUE $2,075.29 JAN 012004SUE $242.03 JAN 122803SUE $14,852.71 DEC 012104SUE $708.00 JAN 122903SUE $464,999.76DEC 012704SUE $144,115.06JAN TOTAL $626,992.85 3OO CITY OF MOUND Batch Name 011404SUE Payments City of Mound Payments 01/14/04 10:19 AM Page Current Period: December 2003 User Dollar Amt $2,075.29 Computer Dollar Amt $2,075.29 Refer 11404 FRONTIER/CITIZENS COMMUNICA E 101-41910-321 Telephone & Cells 1/9/2004 Due 1/14/2004 AP Payment Invoice 011404 Transaction Date $0.00 In Balance 12-03 472-0600 $2,075.29 Accounts Payable 20200 Total $2,075.29 Fund Summary 20200 Accounts Payable 101 GENERAL FUND $2,075.29 $2,075.29 Pre-Written Check $0.00 Checks to be Generated by the Compute $2,075.29 Total $2,075.29 301 CITY OF MOUND City of Mound Payments 01/20/04 10;36 AM Page 1 Current Period: January 2004 Batch Name 012004SUE User Dollar Amt $242.03 Payments Computer Dollar Amt $242.03 $0,00 In Balance Refer 12004 MOUND POST OFFICE Cash Payment E 601-49400-322 Postage UTILITY BILLING POSTAGE $121.02 Invoice 012004 1/20/2004 Cash Payment E 602-49450-322 Postage UTILITY BILLING POSTAGE $121.01 Invoice 012004 1/20/2004 Transaction Date 1/20/2004 Wells Fargo 10100 Total $242.03 Fund Summary 10100 Wells Fargo 601 WATER FUND $121.02 602 SEWER FUND $121.01 $242.03 Pre-Written Check $0.00 Checks to be Generated by the Compute $242.03 Total $242.03 3O2 CITY OF MOUND Batch Name 122803SUE Payments City of Mound Payments 01/21/04 1:27 PM Page 1 Current Period: December 2003 User Dollar Amt $14,852.71 Computer Dollar Amt $14,852.71 $0.00 In Balance Refer 122803 DALCO ROOFING AND SHEET ME AP Payment E 496-46580-500 Capital Outlay (GENERA 11-30-03 PUBLIC SAFETY BUILDING Invoice 017489 Transaction Date 1/21/2004 Due 1/21/2004 Accounts Payable 20200 $11,369.O0 Total $11,369.00 Refer 122803 FRONTIER/CITIZENS COMMUNICA AP Paymen[ E 101-43100-321 Telephone & Cells 12-03 472-0635 Invoice 122803 12/30/2003 AP Payment E 601-49400-321 Telephone & Cells 12-03 472-0635 Invoice 122803 12/30/2003 AP Payment E 602-49450-321 Telephone & Cells 12-03 472-0635 Invoice 122803 12/30/2003 Transaction Date 1/12/2004 Due 12/23/2004 Accounts Payable $353.54 $353.54 $353.55 20200 Total $1,060.63 Refer 122803 PETTY CASH AP Payment E 101-42110-210 Operating Supplies REPLENISH PETTY CASH $125.13 Invoice 122803 1/16/2004 Transaction Date 1/16/2004 Due 1/16/2004 Accounts Payable 20200 Total - $125.13 Refer 122803 XCEL ENERGY AP Payment E 222-42260-321 Telephone & Cells Invoice 2170-989-449-36 AP Payment E 101-42110-321 Telephone & Cells Invoice 2170-989-449-36 Transaction Date 1/12/2004 Due 12/23/2004 12-03 ELECTRICITY 12-03 ELECTRICITY Accounts Payable 20200 $1,263.87 $1,034.08 Total $2,297.95 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 20200 Accoun~ Payable $1,512.75 $1,263.87 $11,369.00 $353.54 $353.55 $14,852.71 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $14,852.71 $14,852.71 303 CITY OF MOUND Batch Name 012104SUE Payments City of Mound 01/21/04 3:56 PM Page 1 Payments Current Period: January 2004 Refer 12104 MINNESOTA, UNIVERSITY OF Cash Payment E 609-49750-434 Conference & Training E 101-43100-434 Conference & Training E 601-49400-434 Conference & Training E 602-49450-434 Conference & Training E 281-45210-434 Conference & Training E 601-49400-434 Conference & Training E 602-49450-434 Conference & Training E 101-42110-434 Conference & Training E 101-41500-434 Conference & Training E 222-42260-434 Conference & Training E 609-49750-434 Conference & Training E 101-42110-434 Conference & Training 1/21/2004 Invoice 012104 Cash Payment Invoice 012104 Cash Payment Invoice 012104 Cash Payment Invoice 012104 Cash Payment invoice 012104 Cash Payment invoice 012104 Cash Payment Invoice 012104 Cash Payment Invoice 012104 ~sh Payment O12104 Cash Payment Invoice 012104 Cash Payment Invoice 012104 Cash Payment invoice 012104 Transaction Date User Dollar Amt $708.00 Computer Dollar Amt $708.00 $o.0o 01-29-04 LEUDKE JULIE 01-29-04 NELSON, JOYCE 01-29-04 NELSON, JOYCE 01-29-04 NELSON JOYCE 01-29-04 WIDMER DENICE 01-29-04 WIDMER, DENICE 01-29-04 WIDMER, DENICE 01-29-04 HAWKS, SHIRLEY 01-29-04 ROBERTS, COLLETTE 01-29-04 WEIST, KATHY 01-29-04 GRAND, DEB 01-29-04 DEBORD, JEANNE Wells Fargo 10100 In Balance $56.00 $18.67 $18.G7 $18.66 $11.20 $22.40 $22.40 $56,00 $56.oo $56.OO $56.OO $56,00 Total $448.00 Refer 12104 ROBERTS, COLLETTE Cash Payment G 101-21716 Flex Plan Dependents 2004 REIMBURSE DEPENDENT CARE $260.00 Invoice 012104 1/21/2004 Transaction Date 1/21/2004 Wells Fargo 10100 Total $260.00 3O4 CITY. OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound Payments 01/21/04 3:56 PM Page 2 Current Period: January 2004 - _ . -~--~,._~~%_ ,,_ ., - 10100 Wells Fargo $446.67 $56.00 $11,20 $41.07 $41.06 $112.00 $708.00 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $708.00 $708,00 3O5 City of Mound 01/23/04 8:23 AM ,./'~'----~-~ Page 1 ._~_~" ~'X Payments ~ \,, CiTY OF MOUND Batch Name 122903SUE Payments Current Period: December 2003 User Dollar Amt $464,999.76 Computer Dollar Amt $464,999.76 $0.00 In Balance Refer 122903 A+ CLEANING CONTRACTORS, IN AP Payment E 609-49750-460 Janitorial Services 12-03 CLEANING SERVICE Invoice 10163 1/1/2004 Transaction Date 1/9/2004 Due 12/29/2003 Accounts Payable 20200 Refer 122903 ACTION RADIO AND COMMUNICA $304.59 Total $304.59 AP Payment E 101-43100-221 Equipment Parts STROBE BULB $111,83 invoice 9666 12/22/2003 AP Payment E 101-43100-500 Capital Outlay (GENERA LIGHT BAR $344.35 Invoice 9693 12/31/2003 PO 18026 AP Payment E 601-49400-500 Capital Outlay (GENERA LIGHT BAR $344.35 Invoice 9693 12/31/2003 PO 18028 AP Payment E 602-49450-500 Capital Outlay (GENERA LIGHT BAR $344.35 Invoice 9683 12/31/2003 PO 18028 AP Payment E 101-43100-418 Other Rentals HARDWARE FOR RADIOS $219.39 Invoice 9709 1/7/2004 PO 18043 AP Payment E 601-49400-418 Other Rentals HARDWARE FOR RADIOS $219.39 nvoice 9709 1/7/2004 PO 18043 Payment E 602-49450-418 Other Rentals HARDWARE FOR RADIOS $219.39 ~voice 9709 1/7/2004 PO 18043 AP Payment E 101-43100-418 Other Rentals HARDWARE FOR RADIOS $57.33 Invoice 8922 1/8/2004 PO 18043 AP Payment E 601-49400-418 Other Rentals HARDWARE FOR RADIOS $57.33 Invoice 8922 1/8/2004 PO 18043 AP Payment E 602-49450-418 Other Rentals HARDWARE FOR RADIOS $57.34 Invoice 8922 1/8/2004 PO 18043 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total $1.975.05 Refer 122903 ALLIED MECHANICAL SYSTEMS AP Payment E 496-46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING $8,456.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $8,456.00 Refer 122903 AMCON AP Payment E 496-46580-500 Capital Outlay (GENERA 106-03 THRU 07-03 REIMBURSABLE $1,129.73 EXPENSES Invoice 2489 12/31/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $1,129.73 AP Payment E 496-46580-500 Capital Outlay (GENERA TRAINING ROOM AUDIONIDEO $7.400.00 invoice 87427 12/29/2003 AP Payment E 496-46580-500 Capital Outlay (GENERA PAGING HORN SYSTEM $1,467.50 Invoice 87428 12/29/2003 AP Payment E 496-46580-500 Capital Outlay (GENERA CATV INSTALLATION $1,790.00 87429 12/29/2003 Payment E 496-46580-500 Capital Outlay (GENERA CCTV SECURITY CAMERA $12,250.00 Invoice 87430 12/29/2003 3O6 CiTY OF MOUND AP Payment Invoice 67431 AP Payment invoice 87426 AP Payment Invoice 87526 City of Mound 01/23/04 8:23 AM Page 2 Payments Current Period: December 2003 E 496-46580-500 Capital Outlay (GENERA CARD ACCESS INSTALLATION 1 2/29/2003 E 496-46580-500 Capital Outlay (GENERA CAT VOICE/DATA INSTALLATION' 12/29/2003 E 496-46580-500 Capital Outlay (GENERA CAT VOICE/DATA INSTALLATION 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total Refer 122903 ARCTIC GLACIER PREMIUM ICE AP Payment E 609-49750-255 Misc Merchandise Fo; R ICE Invoice 463336414 12/30/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $5,975.00 $10,300.00 $3,032.00 $42,214.50 $72.96 $72.96 Refer 122903 ASPEN EMBROIDERY AND DESIG AP Payment E 609-49750-218 Clothing and Uniforms 2003 GRAND, DEB $43.04 Invoice 122903 12/29/2003 AP Payment E 609-49750-218 Clothing and Uniforms 2003 LUEDKE, JULIE $36.04 Invoice 122903 12/19/2003 AP Payment E 609-49750-218 Clothing and Uniforms 2003 CoLoTTI, JOHN $82.58 invoice 122903 12/19/2003 AP Payment E 609-49750.218 Clothing and Uniforms 2003 GUST, RON $31.28 Invoice 122903 12/19/2003 AP Payment E 101-42110-218 Clothing and Uniforms HAWKS,DEBORD,SWANSON $206.11 Invoice 122903 12/29/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $399.05 Refer 122903 BELLBOY CORPORATION AP Payment E 609-49750-253 Wine For Resale WINE $618.75 Invoice 28308900 12/29/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $618.75 Refer 122903 BFI OF MINNESOTA, INC. AP Payment E 101-45200.384 Refuse/Garbage Dispos Invoice 1-0200-13041490 Transaction Date 1/20/2004 11-03 GARBAGE SERVICE $59.18 Due 1/20/2004 Accounts Payable 20200 Total $59.18 Refer 122903 BUILDING MATERIAL SUPPLY, INC AP Payment E 496-46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 $17,167.00 Total $17,167.00 Refer 122903 BUREAU OF CRIMINAL APPREN T AP Payment E 101-42110-434 Conference & Training $45.00 Invoice 10035343 12/23/2003 PO 18110 AP Payment E 101-42110-434 Conference & Training $10.00 Invoice 1001 12/22/2003 Transaction Date 1/16/2004 Due 1/16/2004 Accounts Payable 20200 Total $55.00 Refer 122903 BURKE, JAMI AP Payment E 101-42115-210 Operating Supplies 2003 FITNESS REIMBURSEMENT $64.99 Invoice 122903 12/23/2003 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total $64.99 INTOXILYZER TRAINING,BECK BCA RESOURCES INVEST. SWANSON Refer 122903 CARGIL SALT DIVISION 307 CITY OF MOUND AP Payment Invoice 906972 AP Payment invoice 899475 AP Payment Invoice 897561 City of Mound Payments 01/23/04 8:23 AM Page 3 · Current Period: December 2003 E 101-43100-224 Street Maint Materials BULK SALT $1,054.13 12/23/2003 PO 17984 E 101-43100-224 Street Maint Materials BULK SALT $994.75 12/18/2003 PO 17984 E 101-43100-224 Street Maint Materials BULK SALT $986.98 12/17/2003 PO 17984 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $3,035.86 Refer 122903 CARLSON TRACTOR AND EQUIPM AP Payment E 101-43100-500 Capital Outlay (GENERA PALLET FORKS $745.50 Invoice E00088 PO 18019 Transaction Date 1t9/2004 Due 12/29/2003 Accounts Payable 20200 Total $745.50 Refer 122903 AP Payment Invoice 122903 Transaction Date Refer 122903 CENTERPOINT ENERGY (MINNEG CEILINGS AND FLOORS, INCORP E 496-46580-500 Capital Outlay (GENERA 12-03 PUBLIC SAFETY BUILDING Due 1/22/2004 12/29/2003 1/22/2004 $12,005.00 Accounts Payable 20200 Total $12,005.00 AP Payment E 101-45200-383 Gas Utilities 11-18-03 THRU 12-17-03 #543-000-053-000 $282.16 Invoice 122903 1/7/2004 AP Payment E 101-45200-383 Gas Utilities 11-18-03 THRU 12-17-03 #543-001-095-800 $620.28 nvoice 122903 1/7/2004 Payment E 101-41910-383 Gas Utilities 11-18-03 THRU 12-17-03 #543-001-853-000 $1,061.03 Invoice 122903 1/7/2004 AP Payment E 101-43100-383 Gas Utilities 11-18-03 THRU 12-17-03 #543-001-972-603 $484.47 Invoice 122903 1/7/2004 AP Payment E 601-49400-383 Gas Utilities 11-18-03 THRU 12-17-03 #543-001-972-6903 $264.25 Invoice 122903 1/7/2004 AP Payment E 602-49450-383 Ga~ Utilities 11-18-03 THRU 12-17-03 #543-001-972-603 $352.34 Invoice 122903 1/7/2004 AP Payment E 609-49750-383 Gas Utilities 11-18-03 THRU 12-17-03 #543-004-818-801 $528.64 Invoice 122903 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $3.593.17 Refer 122903 CHAMPION AUTO AP Payment E 101-43100-221 Equipment Parts TOGGLE $14.90 Invoice D237907 12/30/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $14.90 AP Payment E 609-49750-400 Repairs & Maint Contract 12-03 CHECK VERIFICATION $54.50 Invoice 106851203 1/1/2003 Transaction Date 1/20/2004 Due 1/2012004 Accounts Payable 20200 Total $54.50 Refer 122903 CONSTRUCTION BU. LLETIN AP Payment E 455-46377-300 Professional Srvs LEGAL ADS 04-10-03 $120.12 invoice 2307391 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total $120.12 efer 122903 CONSTRUCTION SUPPLY, INOOR Payment E 496-46580-500 Capital Outlay (GENI~RA 12-03 PUBLIC SAFETY BUILDING $2,319.00 invoice 122903 12/29/2003 3O8 CITY OF MOUND Transaction Date 1/22/2004 City of Mound Payments 01/23/04 8:23 AM Page 4 Currant Period: December 2003 Due 1/22/2004 Accounts Payable 20200 Total $2,319.00 Refer 122903 COPY IMAGES, INCORPORATED AP Payment E 101-41910-400 Repairs & Maint Contract 12-03 COPIER MAINTENANCE Invoice 42953 1/7/2004 Transaction Date 1/12!2004 Due 1/1212004 Accounts Payable 20200 $346.80 Total $346.80 Refer 122903 DALCO ROOFING AND SHEET ME AP Payment E 496-46580-500 Capital Outlay (GENERA 12-03 PUBLIC SAFETY BUILDING $4,678.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 'Total $4,678.00 Refer 122903 DAY DISTRIBUTING COMPANY AP Payment E 609-49750-252 Beer For Resale BEER $1,362.60 Invoice 247516 12/30/2003 AP Payment E 609-49750-252 Beer For Resale BEER $16.90 Invoice 247517 12/30/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $1,379.50 Refer 122903 DEL PLACEMENT AGENCY, INCOR AP Payment E 609-49750-340 Advertising WINE POURING $I00.00 Invoice 2065 12/31/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $100.00 Refer 122903 EHLERS AND ASSOCIATES, INC. AP Payment E 455-46380-300 Professional Srvs 12-03 PROJECT MANAGEMENT $450.00 Invoice 21717 12/31/2003 AP Payment G 101-22908 Mound Harbor Renaissance 12-03 MOUND HARBOR RENAISSANCE $1,612.50 invoice 21718 12/31/2003 AP Payment E 455-46386-300 Professional Srvs 12-03 TIF DISTRICT #1-3 $525.00 Invoice 21719 12/31/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $2,587.50 Refer 122903 EMPIREHOUSE, INCORPORATED AP Payment E 496-46580-500 Capital Outlay (GENERA 12-03 PUBLIC SAFETY BUILDING $3,299.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $3,299.00 Refer 122903 EQUIPMENT SUPPLY, INCORPOR AP Payment E 101-41910-401 Repaira/Maint Buildings 11-13-03 SERVICE CALL $2,397.54 Invoice 1391/1393 1/7/2004 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable ' 20200 Total $2,397.54 Refer 122903 G & K SERVICES AP Payment E 101-43100-218 ClOthing and Uniforms 12-30-03 UNIFORMS $31.66 Invoice 6792130 12/30/2003 AP Payment E 601-49400-218 Clothing and Uniforms 12-30-03 UNIFORMS $31.66 Invoice 6792130 12/30/2003 AP Payment E 602-49450-218 Clothing and Uniforms 12-30-03 UNIFORMS $31.66 Invoice 6792130 12/30/2003 AP Payment E 101-43100-230 Shop Materials 12-30-03 MATS $23.53 Invoice 6792130 12/30/2003 AP Payment E 601-49400-230 Shop Materials 12-30-03 MATS $23.53 Invoice 6792130 12/30/2003 3O9 CITY OF MOUND City of Mound 01/23/04 8:23 AM Page 5 Payments Current Period: December 2003 AP Payment E 602-49450-230 Shop Materials 12-30-03 MATS $23.53 Invoice 6792130 12/30/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $165.57 Refer 122903 GARY'S DIESEL SERVICE AP Payment E 101-43100-404 Repairs/Maint Machinery REPAIRS #6 $702.08 Invoice 62134 12/16/2003 Transaction Date 1/12/2004 Due 1/1212004 Accounts Payable 20200 Total $702.08 Refer 122903 GOVERNMENT TRAINING SERVIC AP Payment E 101-42110-434 Conference & Training REGISTRATION RAINES, GREG $357.00 Invoice 3005-700101 6/30/2003 Transaction Date 1/21/2004 Due 1/21/2004 Accounts Payable 20200 Total $357.00 Refer 122903 GRAINGERS, INCORPORATED AP Payment E 496-46580-500 Capital Outlay (GENERA PUBLIC SAFETY BUILDING $765.63 Invoice 495-802425-1 12/23/2003 PO 18056 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $765.63 Refer 122903 GRIGGS COOPER AND COMPANY AP Payment E 609-49750-251 Liquor For Resale LIQUOR $399.90 Invoice 828705 12/31/2003 AP Payment E 609.49750-253 Wine For Resale WINE $59.80 1voice 826819 12/30/2003 Payment E 609-49750-251 Liquor For Resale LIQUOR $2,933.56 invoice 826820 12/30/2003 AP Payment E 609-49750-251 Liquor For Resale LIQUOR $2,503.00 Invoice 826821 12/30/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $5,896.26 Refer 122903 HAWKINS, INCORPORATED AP Payment E 601-49400-227 Chemicals CONTAINERS (6) $30,00 Invoice DM98371 12/31/2003 Transaction Date 1/9/2004 Due 12/29/2003 Accounts Payable 20200 Total $30.00 Refer 122903 HECKSEL MA CHINE SHOP AP Payment E 101-43100-221 Equipment Parts FABRICATE NEW PLATE $540.00 Invoice 47277 12/23/2003 AP Payment E 101-43100-221 Equipment Parts SHOP SERVICE $14.96 Invoice 47246 12/15/2003 AP Payment E 101-43100-221 Equipment Parts POST PULLER $25.25 Invoice 47251 12/1/2003 AP Payment E 101-43100-221 Equipment Parts #13 NUTS $11.24 Invoice 47278 12/23/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $591,45 Refer 122903 HENNEPIN COUNTY INFORMATIO AP Payment E 101.42110-418 Other Rentals 12-03 RADIO LEASE $1,216.26 Invoice 23128023 12/31/2003 AP Payment E 222-42260.418 Other Rentals 12-03 RADIO LEASE $950.37 ~voice 23128022 12/31/2003 Date 1/16/2004 Due 1/16/2004 Accounts Payable 20200 Total $2,168,63 Refer 122903 HENNEPIN COUNTY TREASURER( 310 CITY OF MOUND AP Payment Invoice 122903 Transaction Date City of Mound Payments 01/23/04 8:23 AM Page 6 Current Period: December 2003 E 101-41550-440 Other Contractual Servic 2004 TRUTH IN TAXATION NOTICES $749.69 12/30/2003 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $749.69 Refer 122903 HENNEPIN COUNTY TREASURER AP Payment E 601-49400-455 Permits 3RD QTR UTILITY PERMITS $150.00 Invoice UTIL00355 12/15/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $150.00 Refer 122903 HENNEPIN TECHNICAL COLLEGE AP Payment E 222-42260-434 Conference & Training APPARATUS OPERATION CLASS $5,880.93 Invoice 00073335 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $5,880.93 Refer 122903 HOFFMAN, JANA AP Payment R 601-36200 Miscellaneous Revenues REFUND WATER $444.09 Invoice 122903 12/19/2003 Transaction Date 1/15/2004 Due 1/15/2004 Accounts Payable 20200 Total $444.09 Refer 122903 HOHENSTEINS, INCORPORATED AP Payment E 609-49750-252 Beer For Resale Invoice 321263 12/29/2003 Transaction Date 1/12/2004 Due 1/12/2004 Refer 122903 HOISINGTON KOEGLER GROUP, I BEER $173.75 Accounts Payable 20200 Total $173.75 AP Payment E 401-46540~300 Professional Srvs 12-03 LOST LAKE GREENWAY $3,105.50 Invoice 122903 1/8/2004 AP Payment E 455-46377-300 Professional Srvs 12-03 CR 15 STREETSCAPE $9,907.85 Invoice 122903 1/8/2004 AP Payment G 101-22960 KDBNVARA #03-33/#03-44 12-03 LANGDON TRAIL $160,00 Invoice 122903 1/8/2004 AP Payment E 101-42400-300 Professional Srvs 12-03 MISC PLANNING $360.24 Invoice 122903 1/8/2004 AP Payment G 101-22957 2420 Westedge #03-37 Hom 12-03 #03-38/39 HOMOLA CUP,ETC $1,200.00 Invoice 122903 1/8/2004 AP Payment G 101-22958 2175 Noble Ln #03-40,#03-4 12-03 #03-40/41 OAK MINOR SUB $40.00 Invoice 122903 1/8/2004 AP Payment G 101-22855 MetroPlains Develop 00-64 12-03 METRO PLAINS DEVELOPMENT $240.00 Invoice 122903 1/8/2004 AP Payment E 401-46540-300 Professional Srvs 12-03 MOUND GREENWAY $2,844.38 Invoice 122903 1/8/2004 AP Payment E 455-46377-300 Professional Srvs 12-03 MOUND VISION $240.00 Invoice 122903 1/8/2004 AP Payment E 455-46377-300 Professional Srvs .. 12-03 TIF RELATED WORK $798.00 Invoice 122903 1/8/2004 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $18,895.97 Refer 122903 INFRATECH AP Payment E 602-49450-400 Repairs & Maint Contract MINt CAMERA REPAIR $312.12 Invoice 0311329 12/1/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $312.12 Refer 122703 ISLAND PARK SKELLY 311 CITY OF MOUND City of Mound Payments AP Payment E 101-43100-404 Repairs/Maint Machinery REPAIR WIRING AT REPLAY Invoice 15149 12/19/2003 AP Payment E 602-49450-404 Repairs/Maint Machinery #22 BATTERIES invoice 15164 12/23/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 01/23/04 8:23 AM Page 7 Current Period: December 2003 $149.00 $381.15 Total $530.15 Refer 122903 JOHNSON BROTHERS LIQUOR AP Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$5.50 Invoice 239880 12/24/2003 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total -$5.50 Refer 122903 KELI_EHER CONSTRUCTION, INCO AP Payment E 496-46580-500 Capital Outlay (GENERA 12-03 PUBLIC SAFETY BUILDING $7,778.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $7,7'78.00 Refer 122903 KELLER FENCE COMPANY AP Payment E 496-46580-500 Capital Outlay (GENERA 12-03 PUBLIC SAFETY BUILDING $39,216.00 Invoice 122903 12/19/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $39,2t6:00 Refer 122903 LAKER NEWSPAPER AP Payment E 101-41110-351 Legal Notices Publishing 04-26-03 LEGAL NOTICE AUCTION $143.28 ~voice 042604 insaction Date 1/20/2004 Due 1120/2004 Accounts Payable 20200 Total $143.28 Refer 122993 MADDEN, FRANK AND ASSOCIA T AP Payment E 101-49999-300 Professional Srvs 12-03 PROFESSIONAL SERVICES $1,040.20 Invoice 122903 I/1/2004 Transaction Date 1/21/2004 Due 1/21/2004 Accounts Payable 20200 Total $1,040.20 Refer 122903 MARK VII DISTRIBUTOR AP Payment E 609-49750-253 Wine For Resale Invoice 214-B AP Payment E 609-49750-253 Wine For Resale Invoice 545 AP Payment E 609-49750-253 Wine For Resale Invoice 977 AP Payment E 609-49750-253 Wine For Resale Invoice 576957 AP Payment E 609-49750-253 Wine For Resale Invoice 542829-B AP Payment E 609-49750-253 Wine For Resale Invoice 589479-B AP Payment E 609-49750-253 Wine For Resale Invoice 596873-B AP Payment E 609-49750-253 Wine For Resale Invoice 601868-B AP Payment E 609-49750-253 Wine For Resale vVOice 608726 Payment E 609-49750-253 Wine For Resale oice 615675 Transaction Date 1/9/2004 Due 12/29/2003 CREDIT--BEER -$67.50 BEER $0.88 BEER $0.50 BEER $18.40 BEER -$74.40 BEER $0.10 CREDIT--BEER -$0.08 CREDIT-BEER -$1.20 BEER $3,067.55 BEER $1,840.85 Accounts Payable 20200 Total $4,785.10 312 CITY OF MOUND City of Mound Payments Current Period: December 2003 01/23/04 8:23 AM Page 8 Refer 122903 MARTIN-MCALLISTER AP Payment E 101-42110-300 professional Srvs PSYCH TEST,SCHWALBE,NICK $350.00 Invoice 3511 12/31/2003 PO 18097 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $350.00 Refer 122903 MA TRX MEDICAL AP Payment E 101-42110-219 Safety supplies DUFLE BAG WITH ACCESSORIES $1,168.36 Invoice 678602 8/21/2003 PO 17843 AP Payment E 222-42260-219 Safety supplies EMERGENCY BLANKET,ETC $1,958.28 Invoice 683004 10/20/2003 PO 17965 AP Payment E 222-42260-219 Safety supplies SHEARS, TAPE,ETC $68.35 Invoice 683004 10/22/2003 PO 17965 AP Payment E 222-42260-219 Safety supplies ADSCOPE $28.43 Invoice 683004 10/28/2003 PO 17965 AP Payment E 222-42260-219 Safety supplies SHEARS $63.90 Invoice 683004 10/30/2003 PO 17965 AP Payment E 222-42260-219 Safety supplies COVER $26.00 Invoice 683004 11/13/2003 PO 17965 AP Payment E 222-42260-219 Safety supplies EMERGENCY PACK CASE $101.24 invoice 683004 11/21/2003 PO 17965 Transaction Date 1/21/2004 Due 1/21/2004 Accounts Payable 20200 Total $3,414.56 Refer 122903 METROPOLITAN AREA MANAGEM AP Payment E 101-41310-434 Conference & Training 10-16-03 LUNCHEON $18.00 invoice 122903 12/29/2003 Trar~saction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $18.00 Refer 122903 MIDWEST LANDSCAPING AP Payment E 496-46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING $36,249.00 invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total ' $36,249.00 Refer 122903 MINNESOTA DEPARTMENT REVE AP Payment E 101-41110-210 Operating Supplies 2003 SALES AND USE TAX $178.85 Invoice 122903 12/31/2003 AP Payment E 101-41310-210 Operating Supplies 2003 SALES AND USE TAX $107.61 Invoice 122903 12/31/2003 AP Payment E 101-41500-210 Operating Supplies 2003 SALES AND USE TAX $49,87 Invoice 122903 12/31/2003 AP Payment E 101-42110-210 Operating Supplies 2003 SALES AND USE TAX $500.87 Invoice 122903 12/31/2003 AP Payment E 101-42115-210 Operating Supplies 2003 SALES AND USE TAX $206.47 Invoice 122903 12/31/2003 AP Payment E 101-42400-210 Operating Supplies 2003 SALES AND USE TAX $37.42 Invoice 122903 12/31/2003 AP Payment E 101-43100-210 Operating Supplies 2003 SALES AND USE TAX $277.35 Invoice 122903 12/31/2003 AP Payment E 101-41910-210 Operating Supplies 2003 SALES AND USE TAX $178.38 Invoice 122903 12/31/2003 AP Payment E 101-45200-210 Operating Supplies 2003 SALES AND USE TAX $466.63 Invoice 122903 12/31/2003 313 CITY OF MOUND City of Mound Payments Current Period: December 2003 AP Payment invoice 122903 AP Payment Invoice 122903 AP Payment invoice 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 AP Payment invoice 122903 AP Payment invoice 122903 Transaction Date E 222-42260-210 Operating Supplies 12/31/2003 E 509-49750-210 Operating Supplies 12/31/1930 E 601-49400-210 Operating Supplies 12/31/2003 E 602-49450-210 OperaUng Supplies 12/31/2003 G 222-22801 Deposits/Escrow 12/31/2003 G 101-22803 Police Reserves 12/31/2003 E 280-45250-210 Operating Supplies 12/31/2003 1/21/2004 Due 1/21/2004 2003 SALES AND USE TAX 2003 SALES AND USE TAX 2003 SALES AND USE TAX 2003 SALES AND USE TAX 2003 SALES AND USE TAX 2003 SALES AND USE TAX 2003 SALES AND USE TAX Accounts Payable 20200 01/23/04 8;23 AM Page 9 $1,078.00 $196.08 $155.97 $89.50 $680.27 $32.25 $24.41 Total $4,259.93 Refer 122903 MINNESOTA DEPT ECONOMIC SF AP Payment Invoice 122903 Transaction Date E 609-49750-140 Unemployment Comp 12/29/2003 1/22/2004 Due 1/22/2004 4TH QTR ANDERSON, J. Accounts Payable 20200 $24.90 Total $24.90 Refer 122903 MINNESO'TA RURAL WATER ASSO Payment E 601-49400-433 Dues and Subscriptions 2004 MEMBERSHIP DUES $195.00 ce 122903 12/30/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $195.00 Refer 122903 MINUTI-OGLE COMPANY, INC. - - ~ '~*~' AP Payment E 496-46580-500 Capital Outlay (GENERA 12-03 PUBLIC SAFETY BUILDING $5,398.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $5,398.00 Refer 122903 MONROE TRUCK EQUIPMENT AP Payment Invoice 779826 Transaction Date E 101-43100-221 Equipment Parts 1/6/2004 PO 18033 1/20/2004 Due 1/20/2004 TRUCK 320 SWITCH CIRCUIT Accounts Payable 20200 $57,23 Total $57.23 Refer 122903 MOUND, CITY OF AP Payment E 609-49750-382 Water Utilities 12-03 WATER/SEWER $22.02 Invoice 122903 Tr.~,~ac~!!°~ .D..ate ...... !/..2..0/.~2.?°2 ..... Due !/20/2004 Account~ayab e 20200 Total $22 02 AP Payment E 601-49400-224 Street Maint Materials 12-08-03 BANK FILL $166.26 Invoice 87719 12/9/2003 AP Payment E 101-43100-224 Street Maint Materials 12-12-03 CONCRETE $1,172,39 Invoice 87819 12/15/2003 AP Payment E 601-49400-224 Street Maint Materials 12-16-03 BANK FILL $34.23 Invoice 87914 12/17/2003 AP Payment E 601-49400-224 Street Maint Materials 12-17-03 BANK FILL $33,09 ]voice 87951 12/19/2003 Payment E 101-43100-224 Street Maint Materials 12-18-03 CONCRETE $1,175.21 ~voice 87988 12/19/2003 314 CITY OF MOUND City of Mound Payments 01/23/04 8:23 AM' Page 10 Current Period: December 2003 AP Payment E 601-49400-224 Street Maint Materials 12-19-03 BANK FILL $415.88 invoice 88039 12/22/2003 AP Payment E 601-49400-224 Street Maint Materials COLD PATCH $1,876.42 Invoice 03-582 12/22/2003 AP Payment E 101-43100-224 Street Maint Materials 12-23-03 CONCRETE $834.62 invoice 88139 12/24/2003 AP Payment E 601-49400-224 Street Maint Materials SHORTAGE $70.00 Invoice 86639-B 11/6/2003 Transaction Date 1/9/2004 Due 12/29/2003 Accounts Payable 20200 Total $5,778.08 Refer 122903 MURRAY, WILLIAM AP Payment E 101-42115-210 Operating Supplies 2003 FITNESS REIMBURSEMENT $65.00 Invoice 122903 12/29/2003 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total $65.00 Refer 122903 NATIONAL WATERWORKS AP Payment E 601-49400-220 Repair/Maint Supply ' CLAMPS,ETC $457.62 Invoice 0041172 12/30/2003 PO 18041 AP Payment E 601-49400-220 Repair/Maint Supply CLAMPS,ETC $170.87 Invoice 0041607 12/30/2003 PO 18041 Transaction Date 1/16/2004 Due 1/16/2004 Accounts Payable 20200 Total $628.49 Refer 122903 OFFISOURCE, INCORPORATED AP Payment E 496-46580-500 Capital Outlay (GENERA 12-03 PUBLIC SAFETY BUILDING $3,078.00 Invoice 122903 12/19/2003 Transaction Date 1/22/2004 Due 1122/2004 Accounts Payable 20200 Total $3,078.00 Refer 122903 ONE CALL CONCEPTS, INCORPO AP Payment E 601-49400-395 Gopher One-Call 12-03 LOCATES $80.30 Invoice 3120552 12/31/2003 AP Payment E 602-49450-395 Gopher One-Call 12-03 LOCATES $80.30 Invoice 3120552 12/31/2003 Transaction Date 1/21/2004 Due 1/21/2004 Accounts Payable 20200 Total $160.60 Refer 122903 PEPSI-COLA COMPANY AP Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 57360083 12/31/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable $129.60 20200 Total $129.60 Refer 122903 PROTECTION ONE AP Payment E 101-43100-440 Other Contractual Servic BATTERY, 10-16-03 THRU 01-15-04 $116.46 Invoice 010504 AP Payment E 601-49400-440 Other Contractual Servic BATTERY, 10-16-03 THRU 01-15-04 $116.46 Invoice 010504 AP Payment E 602-49450-440 Other Contractual Servic BATTERY, 10-16-03 THRU 01-15-04 $116.47 Invoice 010504 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total $349.39 Refer 122903 PUBLIC SAFETY EQUIPMENT COM AP Payment E 101-42110-220 Repair/Maint Supply CAMERA/RADAR ON SQUADS $264.64 Invoice 8584 12/23/2003 PO 18112 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $264.64 Refer 122703 QUA£1TY REFRIGERATION, INCOR 315 CITY OF MOUND AP Payment E 609-49750-251 Liquor For Resale Invoice 350544-00 12/29/2003 AP Payment E 609-49750-251 Liquor For Resale Invoice 350367-00 12/29/2003 Transaction Date 1/12/2004 Due 1/12/2004 City of Mound Payments 01/23/04 8:23 AM Page 11 Current Period: December 2003 LIQUOR $1,502.69 LIQUOR $2,170.27 Accounts Payable 20200 Total $3,672.96 Refer 122903 QUALITY WINE AND SPIRITS AP Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$24.70 Invoice 351323-00 12/30/2003 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total -$24.70 Refer 122903 REYNOLDS WELDING SUPPLY CO ...... ~'~ ............ AP Payment E 222-42260-219 Safety supplies AIR AND OXYGEN $22.45 Invoice 12031034 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $22.45 Refer 122903 RIDGEDALEELECTRiC AP Payment E 496-46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING $56,924.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $56,924.00 Refer 122903 ROTARY OLUB OF MOUND AP Payment E 101-42110-431 Meeting Expense 1ST QTR MEMBERSHIP $215.00 woice ;)3 1/16/2004 PO 18096 ate 1/16/2004 Due 1/16/2004 Accounts Payable 20200 Total $215.00 Refer 122903 SCHINDLER ELEVATOR CORPOR AP Payment E 496-46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING $7,771.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $7,771.00 Refer 122903 SCHOENHERR, BRADLEY T. AP Payment E 101-42115-210 Operating Supplies 2003 FITNESS REIMBURSEMENT $59.98 Invoice 122903 12/22/2003 Transaction.~...~.._. Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total $59.98 Refer 122903 SPECIALTY SYSTEMS, INCORPOR AP Payment E 496,46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING $18,070.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $18,070.00 Refer 122903 STEINBRECHER PAINTING, INCOR AP Payment E 496-46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING $10,977.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $10,977.00 Refer 122903 STRAUGHAN HARDWARE, INCOR AP Payment E 496-46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING $5,803.00 Invoice 122903 12/29/2003 ~- .-, .,, · ..,,.-. ~.,, .., -Transacti°n Date 1/22/2004 Due 1/22/2004 A,.cc.~ou. nts ~a_~ya~ble ~ 2,0~20~0, .~.To~ . ,~ $5 80300 ~---~~ -~~~ - FINGERPRINT CARD HOLDER $19.12 Invoice 409930.1 12/23/2003 PO 18092 Transaction Date 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total $19.12 316 CiTY OF MOUND City of Mound Payments 01/23/04 8:23 AM Page 12 Current Period: December 2003 Refer 122903 THORPE DISTRIBUTINGCOMPAN E 609-49750-252 Beer For Resale 12/30/2003 E 609-49750-252 Beer For Resale 12/30/2003 1/12/2004 Due 1/12/2004 AP Payment Invoice 320794 AP Payment Invoice 320795 Transaction Date BEER $55.75 BEER $11,844.40 Accounts Payable 20200 Total $11,900.15 Refer 122903 THORSON, TERRY AP Payment R 601-36200 Miscellaneous Revenues Invoice 122903 12/29/2003 Transaction Date 1/22/2004 DUe 1/22/2004 REFUND WATER/SEWER Accounts Payable 20200 $89.83 Total $89.83 Refer 122903 THURNBECK STELEL FABRICATIO AP Payment E 496-46580-500 Capital Outlay (GENI~RA 12-03 PUBLIC SAFETY BUILDING Invoice 122903 12/19/2003 Transaction Date 1/22/2004 · Due 1/22/2004 Accounts Payable 20200 $1,964.00 Total $1,964.00 Refer 122903 TMI COATINGS, INCORPORATED AP Payment E 496-46580-500 Capital Outlay (GENERA 12-03 PUBLIC SAFETY BUILDING Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 $28,405.00 Total $28,405.00 Refer 122903 TOLL GAS AND WELDING SUPPLY AP Payment E 101-43;100-230 Shop Materials MISCELLANEOUS SUPPLIES $18.51 Invoice 436682 12/31/2003 Transaction Date 1/9/2004 Due 12/29/2003 Accounts Payable 20200 Total $18.51 Refer 122903 TRUE VALUE, MOUND AP Payment E 101-45200-220 Repair/Malnt Supply MISCELLANEOUS EXPENSES $185.18 invoice 122903 12/31/2003 AP Payment E 101-41910-220 Repair/Maint Supply MISCELLANEOUS EXPENSES $54.74 Invoice 122903 12/31/2003 AP Payment E 101-43100-230 Shop Materials MISCELLANEOUS EXPENSES $40.84 Invoice 122903 12/31/2003 AP Payment E 601-49400-230 Shop Materials MISCELLANEOUS EXPENSES $13.16 Invoice 122903 12/31/2003 AP Payment E 602-49450-230 Shop Materials MISCELLANEOUS EXPENSES $13.15 Invoice 122903 12/31/2003 AP Payment E 602-49450-220 Repair/Maint Supply MISCELLANEOUS EXPENSES $17.21 Invoice 122903 12/31/2003 AP Payment G 101-22910 WCA Bartlett Violation MISCELLANEOUS EXPENSES $42.16 Invoice 122903 12/31/2003 AP Payment E 602-49450-221 Equipment Parts MISCELLANEOUS EXPENSES $40.82 Invoice 122903 12/31/2003 AP Payment E 101-45200-221 Equipment Parts MISCELLANEOUS EXPENSES $2.65 Invoice 122903 12/31/2003 AP Payment E 101-45200-220 Repalr/Maint Supply MISCELLANEOUS EXPENSES $9,57 Invoice 122903 12/31/2003 AP Payment E 101-43100-221 Equipment Pads MISCELLANEOUS EXPENSES $64.24 Invoice 122903 12/3112003 AP Payment E 609-49750-210 Operating Supplies MISCELLANEOUS EXPENSES $23.55 Invoice 122903 12/31/2003 317 CITY OF MOUND AP Payment Invoice 122903 AP Payment Invoice 122903 Transaction Date City of Mound Payments 01/23/04 8:23 AM Page 13 Current Period: December 2003 E 602-49450-223 Building Repair Supplies MISCELLANEOUS EXPENSES $3.29 12/31/2003 E 222-42260-210 Operating Supplies MISCELLANEOUS EXPENSES $195.10 12/31/2003 1/20/2004 Due 1/20/2004 Accounts Payable 20200 Total $705.66 Refer 122903 TWIN CITY OFFICE SUPPLY AP Payment E 101-43100-200 Office Supplies Invoice 412403-0 12/15/2003 AP Payment E 601-49400-200 Office Supplies Invoice 412403-0 12/15/2003 AP Payment E 602-49450-200 Office Suppties Invoice 412403-0 12/15/2003 AP Payment E 496-46580-500 Capital Outlay (GENERA PUBLIC SAFETY BUILDING Invoice 413313-0 12/22/2003 Transaction Date 1/12/2004 Due 1/12/2004 Accounts Payable 20200 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES $62.97 $62.97 $62.97 $395.92 Total $584.83 Refer AP Payment Invoice 1139469 AP Payment Invoice 1138705 Date 122903 UNITED RENTALS E 601-49400-440 Other Contractual Servic SIGNS AND BARRELS 12/17/2003 E 101-43100-226 Sign Repair Materials EMPCO LIGHTS 12/24/2003 PO 18032 1/12/2004 Due 1/12/2004 Accounts Payable 20200 $90.63 $387.45 Total $478.08 ~efer 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 Transaction Date VERIZON WIRELESS (FIRE~FIN) E 101-41500-321 Telephone & Cells 12/31/1930 E 222-42260-321 Telephone & Cells 12/31/2003 E 222-42260.321 Telephone & Cells 12/31/2003 E 101-41910-321 Telephone & Cells 12/31/2003 1/22/2004 Due 1/22/2004 12-03 612-269-9058 12-03 612-751-3573 12-03 612-875-4602 12-03 612-240-5244 Accounts Payable $9.08 $1.98 $9.08 $47.10 20200 Total $67.24 $120.00 Total $120.00 WIDMER CONSTRUCTION, LLC Refer 122903 WALDRON, PAUL A. AND ASSOCIA AP Payment E 101-42400-300 Professional Srvs Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Refer 122903 WESTURN CEDAR SUPPLY, INCO AP Payment E 496-46580.500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Refer 122903 $25,988.00 Total $25,988.00 $1,474.00 $932.00 $954.0O 12-03 BUILDING INSPECTIONS Accounts Payable 20200 AP Payment Invoice 307 AP Payment qvoice 608 Payment ~voice 311 Transaction Date E 601-49400-400 Repairs & Maint Contract 110 REPAIR WATERMAIN BREAK 12/31/2003 E 601-49400-400 Repairs & Maint Contract ASPEN REPAIR 12/31/2003 E 60%49400-400 Repairs & Maint Contract 12-22-03 THREE PTS/GULL LANE 1/8/2004 1/12/2004 Due 1/12/2004 Accounts Payable 20200 Total $3,360.00 318 CiTY OF MOUND City of Mound Payments Current Period: December 2003 01/23/04 8:23 AM Page 14 Refer 122903 WILKIESANDERSON AP Payment E 496-46580-500 Capital Outlay (GENE~RA 12-03 PUBLIC SAFETY BUILDING $10,452.00 Invoice 122903 12/29/2003 Transaction Date 1/22/2004 Due 1/22/2004 Accounts Payable 20200 Total $10,452.00 SALT AND SAND $2,923.72 SALT AND SAND $2,923.72 Accounts Payable 20200 Total $5,847.44 Refer 122903 WINKLER, BOB AP Payment E 101-43100-224 Street Maint Materials Invoice 122903 AP Payment E 601-49400-224 Street Maint Materials Invoice 122903 Transaction Date 1/9/2004 Due 12/29/2003 Refer 122903 XCEL ENERGY AP Payment Invoice 122903 AP Payment invoice 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 AP Payment invoice 122903 AP Payment Invoice 122903 AP Payment Invoice 122903 Transaction Date E 101-43100-381 Electdc Utilities 1/29/2004 E 101-41910-381 Electdc Utilities E 101-42115-381 Electric Utilities E 601-49400-381 Electdc Utilities E 101-45200-381 Electric Utilities E 101-43100-381 Electric Utilities E 601-49400-381 Electric Utilities E 602-49450-381 Electric Utilities E 602-49450-381 Electdc Utilities E 101-43100-381 Electric Utilities 1/12/2004 Due 1/12/2004 12-03 STREET LIGHTS 12-03 #2245-301-939 12-03 #0466-607-223 ' 12-03 #0217-606-329 12-03 #0047-005-229 12-03 #0864-508-832 12-03 t~0864-508-832 12-03 #0864-508-832 12-03 #0018-802-634 12-03 #.0009-604-835 Accounts Payable 20200 $5,024.85 $819.39 $21.99 $2,693.52 $192.41 $124.01 $124.01 $124.01 $1,602.63 $376.36 Total $11,103.18 319 CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 280 CEMETERY FUND 401 GENERAL CAPITAL PROJECTS 455 TIF 1-2 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound Payments 01/23/04 8:23 AM Page 15 Current Period: December 2003 20200 Accounts Payable $36,804.54 $11,064.38 $24,41 $5,949.88 $12,040.97 $350,502.78 $14,694.52 $3,872.23 $30,046.05 $464,999.76 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $464,999.76 $464,999.76 32O CITY OF MOUND Batch Name 012704SUE Payments Refer 12704 3D SPECIALTIES City of Mound Payments 01/23/04 8:32 AM Pa~e 1 Current Period: January 2004 User Dollar Amt $144,115.06 Computer Dollar Amt $144,115.06 $0.00 In Balance Cash Payment E 101-45200-218 Clothing and Uniforms YELLOW JACKET Invoice 415096 1/13/2004 Transaction Date 1/15/2004 Wells Fargo $126.37 10100 Total $126.37 Refer 12704 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $24.48 Invoice 463402006 1/20/2004 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $71.64 Invoice 463401406 1/14/2004 Transaction Date 1/20/2004 Wells Fargo 10100 Total $96.12 Refer 12704 ASSURED SECURITY Cash Payment E 101-41910-401 Repairs/Maint Buildings RE-KEY ALL DOORS $319.01 Invoice 32926 1/15/2004 Transaction Date 1/20/2004 Wells Fargo 10100 Total $319.01 Refer 12704 AWD COOLERS OF MINNESOTA Cash Payment E 101-41110-210 Operating Supplies DEC,JAN.FEB WATER $60.55 Invoice 102786 11/30/2003 Cash Payment E 101-42110-430 Miscellaneous DEC,JAN.FEB WATER $60.54 Invoice 102786 11/30/2003 Transaction Date 1/20/2004 Wells Fargo 10100 Total $121.09 Refer 12704 BALBOA CENTER LIMITED PARTN Cash Payment E 496-46580-412 Building Rentals 02-04 FIRE STATION UNIT 5314C $607.75 Invoice 012704 Cash Payment E 496-46580-412 Building Rentals 02-04 FIRE STATION UNiT 5338A $3,750.00 Invoice 012704 Transaction Date 1/23/2004 Wells Fargo 10100 Total $4,357.75 Refer 12704 BANYON DATA SYSTEMS Cash Payment E 101-41920-400 Repairs & Maint Contract 2004 SOFTVVARE SUPPORT $2,512.26 Invoice 11025 1/1/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Total $2,512.26 Refer 12704 BELLBOY CORPORATION Cash Payment E 609-49750-255 Misc Merchandise For R CREDIT-MISCELLANEOUS Invoice 67965800 1/8/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 28392200 1/12/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 28392300 1/12/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 28358000 1/9/2004 Cash Payment E 609-49750-255 Misc Merchandise For R invoice 37953100 1/9/2004 Cash Payment E.609-49750-251 Liquor For Resale lnvoic~ 28449800 1/19/2004 LIQUOR LIQUOR WINE MISCELLANEOUS LIQUOR -$14.51 $750.95 $88.00 $333.0O $362,63 $1,072.50 321 ~ City of Mound 01/23/04 8:32 AM ,,/..~' ~,~,.~ ~...~ Page2 Payments CITY OF MOUND Current Period: January 2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 28438000 1/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR invoice 28409900 1/16/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 28488700 1/21/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Total $2,893.17 Refer 12704 BERRY COFFEE COMPANY ............ $296.10 $293.25 -$288.75 Cash Payment E 101-42400-431 Meeting Expense CQFFEE $8.50 Invoice 392450 1/7/2004 Cash Payment E 281-45210-430 Miscellaneous COFFEE $4.25 Invoice 392450 1/7/2004 Cash Payment E 101-41110-431 Meeting Expense COFFEE $21.25 Invoice 392450 1/7/2004 Transaction Date 1/20/2004 Wells Fargo 10100 Total $34.00 Refer 12704 BMS INTEGRA TED OFFICE TECHN Cash Payment E 101-42110-400 Repairs & Maint Contract 2004 MAINTENANCE AGREEMENT $95.00 Invoice 131159 11/28/2004 PO 18100 Transaction Date 1/16/2004 Wells Fargo 10100 Total $95.00 12704 BRW ENTERPRISES Payment E 609.49750-253 Wine For Resale WINE $27.50 Invoice 9968 1/9/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Total $27.50 Refer 12704 CHAMPION AUTO Cash Payment E 101-45200-409 Other Equipment Repair OIL Invoice D239018 1/8/2004 Cash Payment E 101-43100-220 Repair/Maint Supply RED GLOW ROCKER Invoice D238868 1/7/2004 Transaction Date 1/9/2004 Wells Fargo 10100 $5.31 $12.77 Total $18.08 Refer 12704 CHIEFS OF POLICE INTERNA TION Cash Payment Invoice 012704 Transaction Date E 101-42110-433 Dues and Subscriptions 1/16/2004 PO 18102 1/16/2004 2004 SUBSCRIPTION #1575145 Wells Fargo 10100 $30.00 Total $30.00 Refer 12704 CHIEFS OF POLICE MN ETI MANA Cash Payment E 101-42110-434 Conference & Training Invoice 012704 1/16/2004 PO 18099 Transaction Date 1/16/2004 Refer 12704 COCA COLA BOTTLING-MIDWEST 04-19-04 REGISTRATION Wells Fargo 10100 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX invoice 61394196 1/8/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Refer 12704 CORNER HOUSE ~ash Payment E 101-42110-440 Other Contractual Servic 2004 FORENSIC INTERVIEW Ivoice 012704 1/27/2004 PO 18098 Transaction Date 1/16/2004 Wells Fargo 10100 $260.00 Total $260,00 $141,60 Total $141.60 $1,558.46 Total $1,558,46 Refer 12704 COVERALL CLEANING CONCEPTS 322 CITY OF MOUND Cash Payment Invoice 82470 Cash Payment Invoice 82470 Cash Payment Invoice 82470 Cash Payment invoice 82470 Cash Payment Invoice 82470 Cash Payment Invoice 82470 Cash Payment invoice 82470 Transaction Date City of Mound Payments 01/23/04 8:32 AM Page 3 Current Period: January 2004 E 101-41910-460 Janitorial Services 01,04 CLEANING SERVICE $1,113.15 1/9/2004 E 609-49750-460 Janitorial Services 01-04 CLEANING SERVICE $199.16 1/9/2004 E 222-42260-460 Janitorial Services 01-04 CLEANING SERVICE $756.58 1/9/2004 E 101-42110-460 Janitorial Services 01-04 CLEANING SERVICE $504.38 1/9/2004 E 101-43100-460 Janitorial Services 01-04 CLEANING SERVICE $46.15 1/9/2004 E 601-49400-460 Janitorial Services 01-04 CLEANING SERVICE $46.15 1/9/2004 E 602-49450-460 Janitorial Services 01-04 CLEANING SERVICE $46.15 1/9/2004 1 / 12/2004 Wells Fargo 10100 Total $2,711.72 Refer 12704 CRIME PREVENTION MINNESOTA Cash Payment E 101-42110-433 Dues and Subscriptions 2004 MEMBERSHIP SWANSON,AMY $40.00 Invoice 20041187 1/16/2004 PO 18103 Transaction Date 1/16/2004 Wells Fargo 10100 Total $40.00 Refer 12704 DAWES WATER EQUIPMENT Cash Payment E 601-49400-221 Equipment Parts WATER METERS $346.47 Invoice 3213022 1/13/2004 PO 18211 Transaction Date 1/21/2004 Wells Fargo 10100 Total $346.47 Refer 12704 DA Y DISTRIBUTING COMPANY Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 249805 1/20/2004 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 249038 1/13/2004 Cash Payment E 609-49750-252 Beer For Resale BEER invoice 249045 1/13/2004 Transaction Date 1/20/2004 Wells Fargo 10100 Refer 12704 E-Z RECYCLING Cash Payment E 670-49500-440 Other Contractual Servic 01-04 CURBSIDE RECYCLING Invoice 6089 1/6/2004 Transaction Date 1/9/2004 Wells Fargo 10100 $696.50 $971.85 $33.80 Total $1,702,15 $8,326.48 Total $8,326.48 Refer 12704 EAST SIDE BEVERAGE Cash Payment E 609-49750-252 Beer For Resale BEER $36.60 Invoice 502907 1/9/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $1,317.20 Invoice 221323 1/19/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $2,053.55 Invoice 221242 1/12/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Total $3,407.35 Refer 12704 EMERGENCY MANAGERS ASSOC. Cash Payment E 101-42115-434 Conference & Training 2004 MEMBERSHIP KURTZ $30.00 invoice 012704 1/16/2004 PO 18105 323 City of Mound 01/23/04 8:32 AM Payments CiTY OF MOUND Cash Payment. Invoice 012704 Transaction Date Refer 12704 EQUIPMENT SUPPLY, INCORPOR Cash Payment E 101-41910-401 Repairs/Maint Buildings 01-05-04 SERVICE CALL Invoice 183397 1/1512004 Transaction Date 1/21/2004 Welts Fargo 10100 Current Period: January 2004 E 101-42115-434 Conference & Training 2004 MEMBERSHIP MCKINLEY $30.00 1/16/2004 PO 18105 1/16/2004 Wells Fargo 10100 Total $60.00 $202.50 Total $202.50 Refer 12704 FINANCE MN GOVERNMENT OFF/ cash Payment E 101-41500-433 Dues and Subscriptions 2004 MEMBERSHIP DUES $40.00 Invoice 012704 1/4/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Total $40.00 Refer 12704 FRONTIER/CITIZENS COMMUNICA Cash Payment E 222-42260.321 Telephone & Cells 01-04 472-3555 $797.01 Invoice 012704 Cash Payment E 101-45200.321 Telephone & Cells 01-04 472-0646 $19,58 Invoice 012704 Transaction Date 1/20/2004 Wells Fargo 10100 Total $816.59 Refer 12704 G & K SERVICES Cash Payment ~voice 6798807 Payment Invoice 6798807 Cash Payment Invoice 6798807 Cash Payment Invoice 6798807 Cash Payment Invoice 6798807 Cash Payment Invoice 6798807 Cash Payment Invoice 6812092 Cash Payment Invoice 6812093 Cash Payment E 101-43100-218 Clothing and Uniform; 1/6/2004 E 601-49400-218 Clothing and Uniforms 1/6/2004 E 602-49450-218 Clothing and Uniforms 1/6/2004 E 101-43100-230 Shop Materials 1/6/2004 E 601-49400-230 Shop Materials 1/6/2004 E 602-49450-230 Shop Materials 1/6/2004 01-06-04 UNIFORMS 01-06-04 UNIFORMS 01-06-04 UNIFORMS 01-06-04 MATS 01-06-04 MATS 01-06-04 MATS E 101-45200-223 Building Repair Supplies 01-20-04 MATS 1/20/2004 E 101-41910-460 Janitorial Services 01-20-04 MATS 1/20/2004 E 101-43100-230 Shop Materials 01-13-04 MATS Invoice 1006805441 1/13/2004 Cash Payment E 601-49400-230 Shop Materials 01-13-04 MATS Invoice 1006805441 1/13/2004 Cash Payment E 602-49450-230 Shop Materials 01-13-04 MATS Invoice 10068505441 1/13/2004 Cash Payment E 101-43100-230 Shop Materials 01-13-04 MATS Invoice 1006805442 1/13/2004 Cash Payment E 601-49400-230 Shop Materials 01-13-04 MATS Invoice 1006805442 1/13/2004 ash Payment E 602-49450-230 Shop Materials 01-13-04 MATS :voice 1006805442 1/13/2004 Cash Payment E 101-43100-230 Shop Materials 01-13-04 MATS Invoice 1006805457 1/13/2004 $37.69 $37.69 $37.69 $17.27 $17.27 $17,27 $50.71 $76.30 $3O.5O $3O.5O $30.49 $17.50 $17.50 $17.49 $25.44 324 CITY OF MOUND City of Mound Payments 01/23/04 8:32 AM Page 5 Current Period: January 2004 Cash Payment E 601-49400-230 Shop Materials Invoice 1006805457 1/13/2004 Cash Payment E 602-49450-230 Shop Materials Invoice 1006805457 1/13/2004 Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 1006805457 1/13/2004 Cash Payment E 601-49400-218 Clothing and Uniforms Invoice 1006805457 1/13/2004 Cash Payment E 602-49450-218 Clothing and Uniforms Invoice 1006805457 1/13/2004 Cash Payment E 609-49750-460 Janitorial Services Invoice 1006812090 1/20/2004 Transaction Date 1/12/2004 01-13-04 MATS 01-13-04 MATS 01-13-04 UNIFORMS 01-13-04 UNIFORMS 01-13-04 UNIFORMS 01-20-04 MATS Wells Fargo 10100 $25.44 $25.44 $36.06 $36.06 $36.07 $53.74 Total $674.12 Refer 12704 GLASS PLUS, INCORPORATED Cash Payment E 601-49400-404 Repairs/Maint Machinery #11 WINDSHIELD Invoice 9387 1/5/2004 Transaction Date 1/12/2004 Wells Fargo $341.42 10100 Total $341.42 Rear 12704 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 830015 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 830016 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 830017 1/7/~004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 630177 1/13/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 833232 1/14/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 833233 1/14/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 836089 1/21/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 836411 1/21/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 836412 1/21/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 630587 1/14/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 631105 1/20/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 631109 1/20/2004 Transaction Date 1/12/2004 Wells Fargo $2,065.19 $56.OO $1,015.47 -$106.32 $946.17 $422.68 $431.85 $931.45 $1,514.96 -$66.99 -$76,50 -$65.40 10100 Total $7,068,56 Refer 12704 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER $116.85 Invoice 322143 1/12/2004 Transaction Date 1/22/2004 Wells Fargo 10100 Total $116.85 Refer 12704 HOME DEPOT/GECF 325 CiTY OF MOUND Cash Payment Invoice 6035965 City of Mound 01/23/04 8:32 AM Page 6 Payments Current Period: January 2004 E 101-43100-230 Shop Materials MAILBOX REPAIR $62.45 1/6/2004 Transaction Date 1/20/2004 Wells Fargo 10100 Total $62.45 Refer 12704 JOHNS VARIETYAND PETS .... ~ Cash Payment E 101-43100-226 Sign Repair Materials SIGN ROOM $11.87 Invoice 483035 Cash Payment E 101-41110-430 Miscellaneous SIGN ROOM $13.83 Invoice 483106 1/16/2004 Transaction Date 1/20/2004 We[is Fargo 10100 Total $25.70 Refer 12704 JOHNSON BROTHERS LIQUOR ........ "" .............................. Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,354.14 Invoice 1664988 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $995109 Invoice 1664989 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $856.56 Invoice 1664990 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $1,961.53 Invoice 1664991 1/7/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $867.73 Invoice 1664992 1/7/2004 :ash Payment E 609-49750-251 Liquor For Resale LIQUOR $736.36 Ivoice 1668158 1/14/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $384.67 Invoice 1668157 1/14/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $215.83 Invoice 1668156 1/14/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,980.45 Invoice 1671109 1/21/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $133.90 Invoice 1671110 1/21/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $706.45 Invoice 1671111 1/21/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $26.50 Invoice 167112 1/21/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Total $14,219.21 Refer 12704 JOHNSON, PAUL Cash Payment R 281-34725 Dock Permits REFUND DOCK APPLICATION $250.00 Invoice 012704 1/13/2004 Transaction Date 1/22/2004 Wells Fargo 10100 Total $250.00 Refer 12704 JUBILEE FOODS Cash Payment E 101-41110-430 Miscellaneous FIRE CHIEF CEREMONY $52.42 Invoice 011304 1/13/2004 Transaction Date 1/16/2004 Wells Fargo 10100 Total $52.42 Refer 12704 LAKE RESTORATION, INC. ~sh Payment E 675-49425-440 Other Contractual Servic TREATMENT BEACHWOOD POND ce 012704 1/16/2004 PO 18205 Transaction Date 1/16/2004 Wells Fargo 10100 $1,659.84 Total $1,659.84 326 CITY OF MOUND City of Mound Payments 01/23/04 8:32 AM PaGe 7 Current Period: January 2004 Refer 12704 LAKER NEWSPAPER Cash Payment G 101-22957 2420 Westedge #03-37 Horn 01-17~04 HOMOLA CUP Invoice 898 1/17/2004 Cash Payment E 101-41110-351 Legal Notices Publishing 01-17-04 2004 BUDGET DATA Invoice 894-B 1/17/2004 Transaction Date 1/20/2004 Wells Fargo 10100 $35.82 $83.58 Total $119.40 Refer 12704 LANO EQUIPMENT, INCORPORA T Cash Payment E 10%45200-500 Capital Outlay (GENERA BOBCAT LOADER $21,967.99 Invoice 6049 PO 18001 Transaction Date 1/20/2004 Wells Fargo 10100 Total $21,987.99 Refer 12704 LAWSON PRODUCTS, INC Cash Payment E 101-43100-221 Equipment Parts COUPLER ETC Invoice 1613989 1/8/2004 Cash Payment E 101-45200-409 Other Equipment Repair HYDRO COUPLER Invoice 1618875 1/9/2004 Transaction Date 1/21/2004 Wells Fargo $120.06 $167.09 10100 Total $287.15 Rear 12704 MARK VII DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 624578 1/13/2004 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 624580 1/13/2004 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 624579 1/13/2004 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 626816 1/20/2004 Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 626817 1/20/2004 $135.00 $21.95 $1,604.48 $1,153.40 $21.50 Transaction Date 1/22/2004 Wells Fargo 10100 Total $2,936.33 Refer 12704 MARLIN'S TRUCKING DELIVERY Cash Payment E 609-49750-265 Freight 01-05-04 DELIVERY CHARGE $5.40 Invoice 13287 1/5/2004 Cash Payment E 609-49750-265 Freight 01-08-04 DELIVERY CHARGE $190.80 Invoice 13307 1/8/2004 Cash Payment E 609-49750-265 Freight 01-12-04 DELIVERY CHARGE $9.00 Invoice 13318 1/12/2004 Cash Payment E 609-49750-265 Freight 01-15-04 DELIVERY CHARGE $68.40 Invoice 13338 1/15/2004 Wells Fargo 10100 02-04 WATEWATER SERVICE Transaction Date 1/20/2004 Total $273.60 Refer 12704 METROPOLITAN COUNCIL ENVIR Cash Payment E 602-49450-388 Waste Disposal-MCIS $35,477.00 Invoice 767670 Transaction Date 1/15/2004 Wells Fargo 10100 Total $35,477.00 Refer 12704 MINNESOTA ANIMAL CONTROL A Cash Payment E 101-42110-433 Dues and Subscriptions 2004 MEMBERSHIP DUES $30.00 Invoice 121903 12/19/2003 PO 18101 Transaction Date 1/16/2004 Wells Fargo 10100 Total $30.00 Refer 12704 MINNESOTA RURAL WATER ASSO 327 CITY OF MOUND City of Mound Payments Current Period: January 2004 Cash Payment Invoice 012704 Cash Payment Invoice 012704 Cash Payment Invoice 012704 Cash Payment Invoice 012704 Cash Payment Invoice 012704 Cash Payment Invoice 012704 Cash Payment Invoice 012704 Cash Payment Invoice 012704 Transaction Date E 601-49400-434 Conference & Training 1/16/2004 PO 18208 E 602-49450-434 Conference & Training 1/16/2004 PO 18208 E 101-43100-434 Conference & Tra{ning 1/16/2004 PO 18208 E 601-49400-434 Conference & Training 1/16/2004 PO 18208 E 602-49450-434 Conference & Training 1/16/2004 PO 18208 E 601-49400-434 Conference & Training 1/16/2004 PO 18208 E 601-49400-434 Conference & Training 1/16/2004 PO 18208 E 601-49400-434 Conference & Training PO 18208 1/16/2004 WRWA 03-03-04 WIDMER,DENICE WRWA 03-03-04 WIDMER, DENICE WRWA 03-03-04 NELSON,JOYCE WRWA 03-03-04 NELSON,JOYCE WRWA 03-03-0 NELSON,JOYCE WRWA 03-03-04 TODD,RIC WRWA 03-03-04 HEITZ,FRANK WRWA 03-03-04 SKINNER,GREG Wells Fargo 10100 01/23/04 8:32 ,AM Page 8 $62.50 $62.50 $41.67 $41.67 $41.66 $125.00 $125.00 $100.00 Total $600.00 Refer 12704 MINNESOTA VISITING NURSE AG Cash Payment G 101-22801 Deposits/Escrow invoice 294-03 action Date 1/20/2004 Refer 12704 MINNETONKA PORTABLE DREDGI FLU VACINATION Wells Fargo $16.00 Cash Payment Invoice 1737 Transaction Date 10100 Total $16.00 $6,600.00 E 281-45210.525 Other Capital Improveme RIP RAP CRESCENT PARK 1/15/2004 1/20/2004 Wells Fargo 10100 Total $6,600.00 Refer 12704 MINNETONKA SPORTSMEN, INCO Cash Payment Invoice 012704 Transaction Date E 101-42110-433 Dues and Subscriptions 1/16/2004 PO 18106 1/16/2004 2004 MEMBERSHIP Wells Fargo 10100 $160.00 Total $160.00 Refer 12704 MORRELL AND MORRELL, INCOR Cash Payment E 670-49500-460 Janitorial Services TIRE RECYCLE invoice 6567 1/12/2004 Transaction Date 1/22/2004 Wells Fargo 10100 Refer 12704 NATIONAL WATERWORKS Cash Payment invoice 0070176 Cash Payment invoice 0044832 E 601-49400-221 Equipment Parts 1/14/2004 PO 18212 E 601-49400-220 Repair/Maint Supply 1/9/2004 STANDPIPES AND RODS BATTERY BACK $650.93 Total $650.93 $119.95 $115.97 Transaction Date 1/22/2004 Wells Fargo 10100 Total $235.92 Refer 12704 NORTHERN TOOL AND EQUIPMEN ' " Cash Payment E 101-45200-210 Operating Supplies LASER LEVEL ETC $332.13 Invoice 09358302 1/12/2004 PO 18179 Transaction Date 1/21/2004 Wells Fargo 10100 Total $332.13 12704 PAUSTIS AND SONS WINE COMPA ;ash Payment E 609-49750-253 Wine For Resale Invoice 8025886 1/19/2004 WINE $1,551.00 328 CITY OF MOUND City of Mound Payments 01/23/04 8:32 AM Page 9 Current Period: January 2004 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$87.00 Invoice 8025464 1/13/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $19.95 Invoice 8025886 Cash Payment E 609-49750-253 Wine For Resale BEER $19.95 Invoice 8025358 1/12/2004 Cash Payment E 609-49750-252 Beer For Resale WINE $652.69 invoice 8025357 1/12/2004 Transaction Date 1/20/2004 Wells Fargo 10100 Total $2,156.59 Refer 12704 PEPSI-COLA COMPANY Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $35.40 Invoice 57360170 1/20/2004 Transaction Date 1/20/2004 Wells Fargo 10100 Total $38.40 Refer 12704 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $284.25 Invoice 2028268 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $414.35 Invoice 2028269 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $413.25 Invoice 2030532 1/14/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $144.25 Invoice 2030531 1/14/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $242.40 invoice 2032783 1/21/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $901.85 Invoice 2032784 1/21/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Total $2,400.35 Refer 12704 PINNACLE DISTRIBUTING Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES Invoice 33242 1/6/2004 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES Invoice 33708 1/13/2004 Transaction Date 1/9/2004 Wells Fargo $573.29 $251.17 10100 Total $824.46 Refer 12704 PROFESSIONAL LAW ENFORCEM Cash Payment Invoice 012704 Cash Payment Invoice 012704 Transaction Date E 101-42110-433 Dues and Subscriptions 1/16/2004 PO 18104 E 101-42110-433 Dues and Subscriptions 1/16/2004 PO 18104 1/16/2004 2004 MEMBERSHIP HAWKS,SHIRLEY 2004 MEMBERSHIP DEBORD,JEANNE Wells Fargo 10100 $10.00 $10.00 Total $20.00 Refer 12704 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-251 Liquor For Resale Invoice 353900-00 1/7/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 354062-00 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 354517-00 1/7/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 353188-00 1/6/2004 LIQUOR LIQUOR WINE CREDIT-WINE $1,815.39 $1,420.98 $1,360.97 -$104.00 329 CiTY OF MOUND Cash Payment E 609-49750-253 Wine For Resale Invoice 357255-00 1/14/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 357574-00 1114/2004 Cash Payment E 609-49750.251 Liquor For Resale Invoice 357341-00 1/14/2004 Cash Payment E 609-49750-251 Liquor For ResaJe Invoice 359692-00 1/21/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 3600147-00 1/21/2004 Transaction Date 1/12/2004 Refer 12704 RIDGEVIEW MEDICAL, MOUND Cash Payment Invoice 012704 Cash Payment Invoice 012704 Cash Payment Invoice 012704 Transaction Date E 101-45200-305 Medical Services E 602-49450-305 Medical Services E 101.43100-305 Medical Services 1/20/2004 City of Mound Payments 01123/04 6:32 AM Page 10 Current Period: January 2004 WINE $808.94 WINE $158.30 LIQUOR $520.04 LIQUOR $663.75 WINE $235.24 Wells Fargo 10100 Total $6,8,79.61 DRUG SCREENING $26.00 01-12-04 DRUG SCREENING $27.00 01-12-04 DRUG SCREENING $27.00 Wells Fargo 10100 Total $80.00 Refer 12704 SOS PRINTING ;ash Payment E 101.42110.350 Pdnting 65137 1/12/2004 PO 18107 Transaction Date 1/22/2004 Refer 12704 SULLIVAN'S UTILITY SERVICES LETTERHEAD Wells Fargo $'130.89 Cash Payment Invoice 44243 1/5/2004 Transaction Date 1/12/2004 Refer 12704 THORPE DISTRIBUTING COMPAN Cash Payment Invoice 30606 Cash Payment Invoice 30775 Cash Payment Invoice 322142 Cash Payment Invoice 322141 Transaction Date 10100 Total $130.89 E 602.49450.440 Other Contractual Servic BARTLETT/FERNSIDE SERVIC CALL Wells Fargo 10100 Refer 12704 TRI-STATE PUMP AND CONTOL, I $165.00 Total $165.00 Cash Payment Invoice 22973 Transaction Date E 609-49750-252 Beer For Resale BEER $91.50 1/12/2004 E 609-49750-252 Beer For Resale BEER $357.50 1/19/2004 E 609-49750-252 Beer For Resale BEER $674.00 1/19/2004 E 609-49750-252 Beer For Resale BEER $3,012.40 1/14/2004 1/12/2004 Wells Fargo 10100 Total $4,135,40 E 602-49450-221 Equipment Parts 1/19/2004 PO 18049 1/22/2004 CHECK VALVES $1,109.94 Wells Fargo 10100 Total $1,109.94 Refer 12704 VINOSOURCE, LLC Cash Payment E 609-49750-253 Wine For Resale WINE ~l~nvoice 10067 1/20/2004 $288,00 ~ransaction Date 1/23/2004 Wells Fargo 10100 Total . , Refer 12704 WESTONKA SEWER AND WATER, 330 CITY OF MOUND City of Mound Payments 01/23/04 8:32 AM Page 11 Current Period: January 2004 Cash Payment E 602-49450-220 Repair/Maint Supply PVC PIPE $106.00 Invoice 6391 1/5/2004 Transaction Date 1/12/2004 Wells Fargo 10100 Total $106.00 Refer 12704 WINE COMPANY Cash Payment E 609-49750-253 Wine For Resale Invoice 20205-00 1/14/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 18378-00 12/29/2003 Transaction Date 1/22/2004 Refer 12704 WOCKEN, MICHAEL Cash Payment invoice 012004 Transaction Date E 101-42110-430 Miscellaneous 11/20/2004 1/21/2004 WINE $932.60 CREDIT-WINE -$132.00 Wells Fargo 10100 Total $800.60 REIMBURSE EXPENSES $242.13 Wells Fargo 10100 Total $242.13 Refer 12704 WORLD CLASS WINES, INCORPO Cash Payment E 609-49750-253 Wine For Resale WINE $317.00 Invoice 145392 1/14/2004 Transaction Date 1/22/2004 Wells Fargo 10100 Total $317.00 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND 10100 Wells Fargo $30,948.18 $1,553.59 $6,854.25 $4,357.75 $1,588.59 $37,199.70 $50,975.75 $8,977.41 $1,659.84 $14-4,115.06 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $144,115.06 $144,115.06 331 5341Maywood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: January 22, 2004 SUBJECT: Minor subdivision APPLICANT: Minnetonka Custom Homes, Inc. OWNER: Chris and Nichole Kelly PID: 24-117-24-44-0090 and 24-117-24-44-0089 (former) 24-117-224-44-0241 (As of 1/20/04) PLANNING CASE NUMBER: 03-52 LOCATION: 3064 and 3070 Alexander Lane ZONING: R-lA Residential COMPREHENSIVE PLAN: Residential SUMMARY At its January 20, 2004 special meeting, the Planning Commission reviewed the application from Minnetonka Custom Homes, Inc. for minor subdivision approval of the property located at 3064 and 3070 Alexander Lane. The proposal, as submitted, would divide the property to create a new buildable parcel on Parcel B. BACKGROUND The property owners, Chris and Nichole Kelly, purchased the vacant lot located at 3070 Alexander Lane which was a tax-forfeit parcel and combined it with the property located at 3064 Alexander Lane for Tax Year 2004. The applicants, Minnetonka Custom Homes, have signed a purchase agreement to buy the property and subdivide it to create a new buildable lot. Currently, there is an existing split-entry house on Parcel A. Details regarding the application are contained in Planning Report No. 03-52 which is on file in the Planning and Building Inspections Department and will be provided to members of the City Council upon request. 332 MEETING OVERVIEW The majority of the discussion at the Planning Commission meeting focused on the status of the lot combination request at Hennepin County which was submitted in December. Additionally, the existing retaining wall crosses the proposed new lot line and is also located in the proposed drainage and utility easement area. Staff was directed to research the aforementioned matters prior to Council review. RECOMMENDATION Based on its review, the Planning Commission recommended approval of the minor subdivision of the property located at 3064 / 3070 Alexander Lane as recommended by Staff subject to conditions and noted that the proposal, as submitted, meets all provisions of the City Code and no variances are required. A resolution based on the Planning Commission's recommendation has been included for review by the City Council. ADDITIONAL INFORMATION Jim Holen of Hennepin County Taxpayer Services verified that the lot combination was completed on January 20, 2003. The new PID for the subject property is 24-117-24-44-0241. Based on review by the City Engineer and Public Works Director, the retaining wall is a non-issue as it does not affect drainage and there are no utilities in the area. Additionally, retaining walls are not subject to setback requirements. Future maintenance of the retaining wall is a private property owner responsibility. 333 CITY OF MOUND RESOLUTION # 04- A RESOLUTION APPROVING A MINOR SUBDIVISION OF THE PROPERTY LOCATED AT 3064 / 3070 ALEXANDER LANE P & Z CASE # 03-52 PID NO. 24-117-24-44-0241 WHEREAS, the applicant, Minnetonka Custom Homes, Inc. has submitted a request for minor subdivision to subdivide the property located at 3064 and 3070 Alexander Lane to create a new buildable parcel on Parcel B; and WHEREAS, minor subdivisions are regulated by City Code Chapter 330:20 Subd 1 (A); and WHEREAS, the subject property is zoned R-lA Single Family Residential and the following table includes the lot area, width and setback requirements of the R-lA District and demonstrates the proposal's conformity with the zoning requirements: Lot Area Width Depth Frontage Front Setback Rear Side Setbacks Setback(s) R-lA 6,000 SF 40 FT 80 FT 40 FT 20 FT 15 FT 10 FT Parcel A 9,451 SF 48 (+) FT 124.84 FT 71.44 FT 31.6 FT 57.7 FT 19.2 FT - N 10.0 FT - S Parcel B 6,819 SF 71 (+) FT 146.25 FT 48.42 FT 31 FT* 63.7 FT * 10.0 FT - N ' 10.1 FT - S * · Denotes setback for *Denotes setback proposed house for proposed location on Parcel B house location on as shown on survey Parcel B as dated 12/28/03 shown on survey dated 12/28/03 and; 334 WHEREAS, Chris and Nichole Kelly, the current owners of the property located at 3064 Alexander Lane, purchased the adjacent tax-forfeit parcel located at 3070 Alexander Lane which is vacant and combined it with their property for Tax Year 2004; and WHEREAS, Hennepin County Tax Payer Services verified that the subject lots were combined and assigned a new PID on January 20, 2004 as follows: PID NO. 24-11%24-44-0241; and WHEREAS, the applicants have signed a purchase agreement to buy the subject property; and WHEREAS, the existing split entry home located at 3064 Alexander Lane located on Parcel A is to be maintained; and WHEREAS, the existing house is conforming to R-lA setbacks with the exception of the chimney on the south side which is an allowable encroachment pursuant to City Code Chapter 350:440, Subd. 3 (A) as it is located more than (2) feet from the side property line; and WHEREAS, the Planning Commission reviewed the request at its January 20, 2004 special meeting and unanimously recommended that the City Council approve the minor subdivision as recommended by Staff; and WHEREAS, in making its recommendation for approval, the Planning Commission made the following finding of fact: 1. The proposal meets the provisions of the City Code. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City Council does hereby approve the minor subdivision as the proposal meets the provisions of the City Code. 2. The Council approves the request subject to the following conditions: A. Hardcover surface coverage on the proposed new lots shall not exceed thirty (30) percent. B. Property shall no longer qualify for "lot of record" status. C. Applicant shall be responsible for payment of all costs associated with City review of the minor subdivision request. 335 No future approval of any development plans and/or building permits is included as part of this land use action in the event the minor subdivision is approved. Applicant shall be required to submit all required information upon submittal of the building permit application, when appropriate. All comments from the City Engineer included in the memorandum dated January 15, 2004 which has been included as Exhibit A. Payment of one (1) park dedication fee and any and/or all municipal utility trunk and connection fees and deficient street assessment charges. This minor subdivision is approved for the following legally described property as stated in the Hennepin County Property Information System: Refer to Exhibit B 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 January 27, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk 336 MEMORANDUM ~ fdcCombs Frail# Roos Associates, Inc. DATE: JANUARY 15, 2004 TO: SARAH SMITH, COMMUNITY DEVELOPMENT DIRECTOR FROM: JOHN CAMERON, CITY ENGINEER SUBJECT: CITY OF MOUND KELLYfMTKA CUSTOM HOMES MINOR SUBDIVISION 3064 ALEXANDER LANE CASE NO. 03-52 MFRA File No. 14655 As requested, we have reviewed the Kelly/Minnetonka Custom Homes Minor Subdivision request and have the following comments and recommendations: Comments: 1. According to City records and the survey, Parcel B does not have existing water or sewer services. The applicant will need to either install both services or provide some form of' financial guarantee. 2. Recent revisions to the City Code require 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 new home is constructed, 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, as shown on the survey submitted with the application. 5. The survey submitted with the application shows only a tentative house location and proposed grading. A complete grading and drainage plan will need to be submitted when application is made for a building permit on Parcel B. Recommendations: " 1. The new sanitary sewer and water services either be installed for Parcel B or some tyler' of financial guarantee provided, such as a cash escrow, 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 Parcel B. Parcel A would be exempt from the Trunk Charges, since there is an existing home located on it. 3. A new concrete apron must be installed for Parcel B at the time of house construction. 4. Provide drainage and utility easements along all lot lines, five (5) feet wide along the side lot lines and ten (10) in width along the front and back lot lines, as shown on the survey. 5. Final grading and drainage plan to b,: approved by the City Engineer at time of building permit application. 15050 23RD AVENUE NORTH PLYMOUTH, MN 55447 337 JCAMERONi~MFRA.COM (763)476-6010 FAX (7'63) 476-8532 o review of the minor subdivision and variance request(s). No future approval of any development plans and/or building permits is included as parts of this land use action in the event the minor subdivision and variance 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 dated January 15, 2004 that has been included as an attachment. Payment of (1) park dedication fee and any and/or all municipal utilities trunk and connection fees and deficient street assessment charges prior to the release of the resolution. CITY COUNCIL REVIEW In the event a recommendation from the Planning Commission is received at the January 20, 2004 meeting, it is anticipated that the request will be forwarded to the City Council for review at its January 27, 2004 meeting. 338 F~IHIBIT. B LEC~L DES£RIPTIO~· Lots 27, 22 ~ 2~, Block 7, ARDEN. p OPOSEO · Pome/~' Lot 2~, and that part of Lot northeasterly of the southweste#)w faat of said Lot 22, Block 7, ARDEN Parcel B' . Lot 2I,' and that port of Lot 22, I~n~_ southwesterI% of the southw~sterfx 8.~f £~%-t of sot~ Lot 22, B~k 7, ARDEN. 339 MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION JANUARY 20, 2004 BOARD OF APPEALS CASE #03-52 MINOR SUBDIVISION 3064~3070 ALEXANDER LANE MINNETONKA CUSTOM HOMES The applicant is requesting approval of a minor subdivision of the property located at 3064 and 3070 Alexander Lane. The proposal would divide the property to create a new buildable parcel. The proposed subdivision meets the provisions of the R1A District. No variances are requested. The existing house on Parcel A is conforming to setbacks with the exception of the chimney located on the south side that is an allowable encroachment according to City Code. Parcel A and B meet the 30 percent hardcover restriction for "non-lots of record." Topography on the subject site slopes upward from Alexander Lane to the east. City staff recommends approval of the proposed subdivision subject to the following list of minimum conditions: 1. Hardcover on the proposed new lots shall not exceed 30 percent. 2. Property shall no longer qualify for "lot of record" status. 3. Applicant shall be responsible for payment of all costs associated with City review of the subdivision. 4. No future approval of any development plans and/or building permits is included as part of this land use action in the event the minor subdivision is approved. 5. Applicant shall be required to submit all required information upon submittal of the building permit applications. 6. 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. 7. All conditions from the City Engineer as referenced in his memorandum dated January 15, 2004 that has been included as an attachment. 8. Payment of 1 park dedication fee and any and/or all municipal utilities trunk and connection fees and deficient street assessment charges prior to the release of the resolution. 340 Planning Commission Minutes January 20, 2004 Discussion Hasse asked if there would be an agreement regarding maintenance of the retaining walls. It has not been addressed at this point. Mueller asked how the hardcover would be tracked in the future. Smith indicated that the hardcover is checked as part of building permit review. Mueller brought up the point that the County has not verified the combination of the property that is being split as yet. Smith responded that the ownership is acknowledged but the combination has not officially come through. MOTION by Mueller, second by Schwingler, to recommend City Council approve the subdivision as recommended. Mueller wanted to be sure the maintenance agreement for the retaining walls is addressed at some point. Smith assured him it would. MOTION carried unanimously. 341 /;t~nnepin.coun[y Taxpayer ServiCes Department A,600 GoVernment Center Minneap.olis Mn 55487-0060 Attention: Dennis R. Hiil, Property Identification Supervisor COMBINATION,/DIVISION REQUEST FORM Dear. Sir: I / We hereby make request for a { separation / combination } assessment on the following described' land(s): · PLO#: PID#: PID#: PID#: COMMENTS / REMARKS: clTrY OF: [CIRCLE ONE1 Bloomington / Brooklyn Center / Brooklyn Park t Champlin Chanhassen /Corcoran / Crystal / Dayton / Deephaven / Eden Prairie / Edina / Excelsior / Fort Snelling/ Golden Valley / Greenfield / Greenwood / Hat, over / Hassan Township / Hopkins / Independence'? Long Lake / Loretto / Maple Grove / Maple Plain / Medicine Lake / Medina / Met Airport / Minneapolis / Minnetonka / Minnetonka Beach / Minnetrista / ~ New Hope /Orono / Oss'eo / Plymouth / Richfield / Robbinsdale / Rockford / Rogers / St. Anthony / St. Louis Park / Shorewood / Spring Park / Tonka Bay / Wayzata / Woodland. Si/~nature o¢~L~'-e Owner Address Home Phone Work Phone Mail Tax Statements To: 342 343 CITY OF MOUND RESOLUTION NO. 04- RESOLUTION ACCEPTING DONATION WHEREAS, certain City employees were, during the 2003 Holiday Season, gifted anonymously a total of $640; and WHEREAS, it has been determined that it would be unlawful for employees, who work as agents of the City, to accept this gift; and WHEREAS, a notice was posted in the official newspaper of the City, asking the person gifting the money to re-direct the funds to a suitable end and no one came forward to do so; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the $640 gift will be dedicated to benefiting all City employees through an employee appreciation event, being "all-you-can-eat" pizza at Carbone's Pizzeria at a date to be determined. Adopted by the City Council this 27th day of January, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 344 LMCIT LIABILTIY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects. If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an mount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The decision must be made by the city council. Cities purchasing coverage must complete and return this form to the LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of Housing and Redevelopment Authority of Mound accepts liability coverage limits of $ 300,000/1,000,000 from the League of Mirmesota Cities Insurance Trust (LMCIT). Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting. Signature Position Return this completed from to LMCIT, 145 University Ave. W., St. Paul MN 55103-2044 Page 1 of 1 345 LMCIT LIABILTIY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects. Jf the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The decision must be made by the city council. Cities purchasing coverage must complete and return this form to the LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of Mound accepts liability coverage limits of $.. from the League of Minnesota Cities Insurance Trust (LMCIT). 300,000/1,000,000 Check one: X The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed from to LMCIT, 145 University Ave. PV., St. Paul MN 55103-2044 Page 1 of 1 346 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE ~ITYOF Mound & HRA & Mound Volunteer Fire Department, Inc. Limit of Liability: $1,000,000 Combined Single Limit on Bodily Injury and Property Damage Physical Damage: I. Comprehensive Deductible: (Standard) $ 50,000 Uninsured and Underinsured II. Collision Deductible: (Standard) * X $1,000,000 Uninsured and Underinsured III. Please provide color of fire trucks Motorist Limit 1 = Lime Yellow; 2 = Red; 3 = All Other :The standard limit is $50,000. Cities may increase if they choose. Cities have the option to make their LMCIT Liability Coverage primary for vehicles used by specified individuals or groups in specified circumstances. Please indicate if you want this optional coverage and provide additional information requested. X Yes No If yes, please indicate type of individuals or groups: City Manager, Finance Director, Accounts Payable Clerk, Utility Billing Clerk, Accounting Clerk, Liquor Store Manager, Liquor Store Assistant Manager, Receptionists City Clerk, Community Development Director, Lead Liquor Clerk, Fire Department Secretary, Dock Inspector If yes, please indicate number of individuals: VEHICLE SCHEDULE attached computer printout provides the most current Schedule. not show on the UNIT DESCRIPTION SERIAL DEPT. BUILDING CURRENT COMP. COLL. III. NO. OF AUTO # USED BY GARAGED GVW VALUE DED. DED. FIRE TRUCKS 1 Scheduled Attached 2 REPLACEMENT COST COV: 3 1995 Frei[,htliner 4535 Fire 315,000. 4 1995 Vac-All 1276 Sewer 117,400 5 6 7 8 9 10 11 12 OPTIONAL: Replacement Cost on Fire Trucks aged 10 years or less. (Indicate unit number and replacement value.) Replacement cost can also be considered on other high valued vehicles. Please contact your agent. TAPP.15 (11/97)(Rev 11/99) PAGE 19 OF I c~ 347 EXECUTIVE SUMMARY Hoisington Koegler Group Inc. TO: Mound City Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: January 22, 2004 SUBJECT: Minor Subdivision, Variance and Conditional Use Permit APPLICANT: Steve Homola CASE NUMBERS: 03-37, 03-38 and 03-39 HKG FILE NUMBER: 03-05 LOCATION: 2420 Westedge Boulevard ZONING: R-I Single Family Residential COMPREHENSIVE PLAN: Low Density Residential II1[] This project has three items that require Council action: the minor subdivision, a conditional use permit and variance. The conditional use permit has also been noticed as a public hearing at the January 27, 2004 meeting. The proposed Resolution for approval includes all three actions Separate motions should be made for each item. This is a relatively straight forward minor subdivision. The Planning Commission voted in favor of the three items needed to move project forward. One of the items the Planning Commission had some concern was how the variance for street fi'ontage would affect future development of the parcels. A provision has been included in the Resolution to clarify a conforming status of the parcels. Staff was hopeful to include a completed Declaration o£ Covenants in the packets. It does not appear they will be ready fbr distribution. In the event they can be ready for Tuesday's meeting copies will be provided The Resolution does however condition approval based on the City Attorney's approval of the documents. This is a normal procedure for approval of similar platting documentation and agreements. Please refer to the December 30, 2003 Planning Report and Public Works Director Memorandum for other project details. To minimize copying time and related expenses, reduced-size copies of the project plans have been included in the packet. Larger-scale (11 1/:,, x 17") can be obtained upon request. ~, North Third Street. F, uitc ]( (} Minneapolis. Minnesota 444/ (612) 338-08()0 l.'ax (612) 338-6838 348 RESOLUTION # 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A MINOR SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 2420 WESTEDGE ROAD P & Z CASE # 03-37, 03-38, AND 03-39 PI D # 23-117-24-22-0005 WHEREAS, the applicant, Steve Homola, has submitted requests for a minor subdivision, conditional use permit~ and variance to create three buildable parcels from an existing lot of record; and, WHEREAS, the property is currently unplatted and contains 137,827 square feet of land (3. 164 acres) located along Westedge Boulevard between the former Dakota Railroad right-of- way and the Langdon Bay neighborhood The residence west of the property is located in Minnetrista. The property is pie shaped and has approximately 33 feet of frontage on the improved portion of Westedge Boulevard. The property is legally described in Exhibit "A", and: WHEREAS, the request meets all requirements of the zoning and subdivision codes that pertain to lot area and hardcover. The existing parcel has 33 feet of frontage on Westedge Blvd. which is less than the 60 feet minimum improved public street frontage requirement. Currently, the property is zoned R-1 Residential District. The following are the development standards proposed for Parcels A, B and C: Parcel A Lot Area Lol Width Sideyard setbacks Front yard selback from common driveway Hardcover Proposed Required Variance 47.741 sq. fl. 10,000 sq. fi. 33 feet* 60 feet 130 feet** 60 feet 17 feet I 0 feet 44 feet 3t) feet 22 feet 10.238 sq. ft. 14.322 sq. ft. (max) 27 feet 349 Parcel B Lot Area 22,800 sq fl. 10,000 sq. fl. Lot Width 95 feet** 60 feet §ideyard setbacks 10 feet Front yard setback 59 feet from common driveway 27 feet Hardcover 7,041 sq. fl. lack of public street frontage 10 feet 30 feet 6840 sq.fl. (inax) 201 sq. fl. Parcel C Lot Area Lot Width Sideyard setbacks Front yard setback Hardcover 67,286 sq. f. 10,000 sq. fl. - 224 feet** 60 feet lack of public street frontage 11 feet 10 feet - 56 feet 30 feet - 4905 sq. fl. 20.018 sq.fl. (max) * Lot width as fl'onlage on a public slreel. ** The widlh of the Iol nol abutting a public street. : and. W H ER EAS, tile l>roperty was previously granted varim~ces for improved street frontage as referenccd by Citx Council Resolutions #88-109 and 93-157: and. WHEREAS, topography slopes generally from north to south across the site. Elevation change is approximately 38 feet with a high point adjacent to the existing residence and low point at the southwest corner where drainage exits. Wooded areas on the northeast and southwest portions of the site arc noted on tile plans. Additional lx, a tree inventou: locates and identifies significant oak, bass~vood and maple trees that would bc lost or savcd: and, WHEREAS, the plat accommodates an existing 10" City sanitary sewer main and 24" storm sex~er on Parcel A. A utility casement accommodating the 24" Metropolitan Council Environmental Services sanitary sewer interceptor would be unaffected by the proposed plat. Private water and sanitary sewer connections to city utilities are proposed. These private utilities would be commonly owned and maintained Easement and covenant documents address ownership and maintenance responsibilities: and, WHEREAS, a private roadway is proposed to provide common access to Westedge Boulevard Tile roadway is 20 feet in width with a 30 feet easement to secure access over thc parcels. A hammerhead design turn-around is provided on Parcel C for turning movements of larger emergency and service vehicles: and. WHEREAS, the proposed home sites on Parcels A and B show a typical building pad and should be considercd speculative as no detailed building plans are provided. The building pads do demonstrate how a typical home could bc sited. Both parcels are shown with basement floor elevations that would providc thc opportunit> fbr walkout basements. Lot width is sufficient to accommodate 3 stall garages as shown on the plans. Grading activity is limited to areas along the private drive and proposed home pads on Parcels A and B. Some activity on Parcel C associated with the private drive x~ould also occur: and, 350 WHEREAS, the Planning Commission reviewed the application at its January 5, 2004 meeting recommending approval of the minor subdivision, conditional use permit and variance requests consistent with the conditions noted in the December 30, 2003 Planning Report and the December 30, 2003 Memorandum from the Public Works Director. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby: Approve the minor subdivision as requested by the applicant with the following conditions: 1. Final grading and drainage plans must be approved by the City Engineer at time of building permit application. 2. Proposed homes shall maintain a 30 feet minimuln setback from that portion of the common driveway located on Parcels A and B. 3. Installation of private water and sanitary sewer services must be completed prior to release of building permits. 4. Payment of the following utility fees: Sanitary Sewer Watennain City Water City Sewer MCES Samtary Area Trunk Area connection Connection Sewer Access - 'l'rtmk Charge Parcel A $15{}0 $1500 $240 $240 $1350 Parcel 13 $1500 $150(.) $240 $240 $1350 Parcel C $1500 $240 5. Park dedication fees for 2 additional parcels be paid prior to release of the plat for rccordmg in thc amount of $1100.00 cach for Parccls A and B. 6. All conditions contained in the December 30, 2003 Planning Report and December 30, 2003 Memorandum from the Public Works Director. Approve the conditional use permit for the private roadway as requested by the applicant with the following conditions: 1. The private roadway maintain a minimum 3 feet setback from the northern propcrty linc of Parcels A and B. 2. The north half of thc privatc roadway be designated as a fire lane and identified with "No Parking" signs. The private roadway be designed, constructed, and maintained in accordance with the standards specified m the December 30, 2003 Memorandum from the Public Works Director and as contained in the Declaration of Covenants. 4. The City Attorney review and approve the Declaration of Covenants for the private driveway and utilities prior to release of the plat for recording. 351 Approve a variance request for improved street frontage for the Parcels A, B, and C as follows: 1. Parcel A: 27 feet 2. Parcel B: lack of improved street frontage 3. Parcel C: lack of improved street frontage Approval of the noted variances allows the properties to be considered as conforming non-lots of record for purposes of lot width due to conditional use permit approval of the private roadway. D. The minor subdivision is approved for the following legally described property included on Exhibit "A". The fbregoing resolution was moved by Councilmember Councillnember and seconded bv The following Councilmembers voted in the affirmative: The following Councihnembers voted in the negative: Adopted: January 27, 2004 Pat Meisel, Mayor Attest: City Clerk 352 Exhibit A 353 MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION JANUARY 5, 2004 CASE #03-37 MINOR SUBDIVISION CASE #03-38 CONDITIONAL USE PERMIT CASE #03-39 VARIANCE 2420 WESTEDGE BOULEVARD - STEVE HOMOLA The applicant is requesting a minor subdivision, variance and conditional use permit to subdivide an existing parcel into 3 buildable lots. A private drive would provide access to the 3 proposed lots from Westedge Boulevard. Private water and sewer utility connections are proposed. The property is currently unplatted and contains 3.164 acres between Westedge Boulevard and the former Dakota Railroad right-of-way and the Langdon Bay neighborhood. Staff recommends approval with the following conditions: 1. The City Engineer must approve final grading and drainage plans at time of building permit application. 2. The private driveway shall maintain a 3-foot setback from the northern property line of parcels A and B. 3. Proposed homes shall have a 30-foot setback from that portion of the common driveway located on Parcels A and B. 4. Installation of new water and sanitary sewer services for parcels must either be completed prior to release of building permits. 5. Payment of utility fees in accordance with the Planning Report. 6. The City Attorney shall review and approve the Easement and Covenant Declaration documents for the private driveway and utilities prior to release of the plat for recording. 7. Park dedication fees for 2 additional parcels shall be paid prior to release of the plat for recording at $1100 each. Discussion Osmek wanted to know if the dead end line would cause problems with water quality in the future. Moore indicated that he and Cameron didn't think it would because it was a different scenario than the areas currently have trouble within the city. Hasse asked about the 27-foot vs. the 60-foot roadway frontage requirement. Gordon explained the difference between private and public roadway. Hasse asked about the 354 Planning Commission Minutes January 5, 2004 need for variance approval every time they want to do something. Gordon said it would be looked at differently because the variance had already been established. Mueller said there are 3 applications to be considered but essentially the variance will not exist once the private drive is in. Gordon confirmed that to be correct. Osmek asked how this compared to the Lynwood Boulevard area that is similar. Gordon said we were handling this the way the Lynwood area should have been handled. Mueller inquired (packet p 36 - 3rd bullet - item #2) about the language on Page 36. Gordon indicated that we do not have a standard for 30-foot roadway and wanted to be sure that the construction plans for the roadway are specific and reviewed by City Engineer. Mueller asked why staff was not recommending a 30-foot front setback for the existing house when the proposed lots are 30 feet? Gordon thought that was a possibility. Mueller why 30 feet was recommended? Gordon said it was desirable to maintain a uniform look. Mueller noticed that the hard surface private drive would not be closer than 3 feet from lot line. Is 3 feet sufficient? Gordon a minimum would be 3. Five feet would be more than adequate. Michael wanted to know why the private drive couldn't be a public roadway? Gordon responded that, among other things, it would require a 50-foot right of way in order to meet standard requirements. Osmek added that it saves us maintenance and redevelopment costs in the future. Mueller asked if no parking should be required on this roadway. Gordon said that staff has talked about it but have not come to a concrete decision. It would go in the Covenant agreement if we did require it. Barbara Bilow - Minnetrista neighbor- She granted an easement for access to the sewer line. Is her driveway going to be covered by this driveway? Gordon showed how it would not infringe on her property. Steve Homola (applicant) thought it would be okay. Bilow indicated that her sanitary sewer backed up on Christmas Day. Will adding extra households make that worse? Osmek thought that considering the elevations it would probably be better. Brenda Breckheimer (6333 Alwin Circle)asked about setback of the private driveway. Would street assessments on that drive be assessed to Langdon Bay properties if it were a public street? Gordon indicated that it would not. 355 Planning Commission Minutes January 5, 2004 Bill Hartman (applicant's representative) said that the private drive option is an improvement from some of the options that were being considered originally. The homes will be in excess of $350,000. That should have a positive effect on the other properties in the area. Mueller asked if he had any concerns about the 3-foot setback from the north property line for the driveway. Hartman said no. He has contacted the fire department regarding the design of the turnaround. Mueller asked if there are any difficulties with the proposed 30-foot setback. Hartman said it was workable. Twenty-five would be better but 30 works fine. He has been in contact with the City Attorney regarding the agreement language. Osmek asked if they were willing to go with the no parking regulation. Hartman said the fire department was very happy with the 20-foot roadway width and didn't indicate the need for parking restrictions. MOTION by Mueller, seconded by Ayaz, to recommend Council approve the CUP with the provisos that the hard surface drive be no less than 3 feet from the north property line, parking provisions be specifically approved by the fire department on portion west of the east line of lot B, maintenance agreement as approved by City Attorney, roadway design in accordance with the 12/10/03 memo from Loren Gordon, that lots be considered conforming based on the Conditional Use Permit taking away the requirement of 60-foot street frontage, and hammerhead design and easement be as outlined on the survey of 12/29/03. MOTION carried unanimously. MOTION by Mueller, second by Ayaz, to recommend Council approve the subdivision with requirements outlined for private utilities, crossing sewer easements, setbacks from the hard surface not less than 30 feet for a primary residence and/or attachments, front lot lines be those abutting the private roadway, all drainage and grading be reviewed by the City Engineer to not negatively impact abutting property owners, sewer and access charges as outlined under the recommendations. MOTION approved unanimously. Discussion ensued regarding the need (or not) of a variance for the lack of frontage on a public street. Mueller thought it wouldn't be needed since we were getting a Conditional Use Permit for the property. It removes the need for a variance. MOTION by Mueller, second by Schwingler, to recommend Council approve the variance according to staff recommendation. MOTION carried. Voting for: Osmek, Ayaz, Hasse, Michael, Schwingler, and Mueller. Voting against: Glister. 356 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF A PUBLIC HEARING TO CONSIDER AN APPLICATION FROM STEVE HOMOLA FOR A CONDITIONAL USE PERMIT TO ALLOW ROAD ACCESS BY PRIVATE STREET FOR A 3-LOT MINOR SUBDIVISION OF THE PROPERTY LOCATED AT 2420 WESTEDGE BOULEVARD PLANNING CASE # 03-37 / 03-38 / 03-39 PID # 23-117-24-22-0005 NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota will meet in the Council Chambers, 5341 Maywood Road, at 7:30 PM on Tuesday, January 27, 2004 to hold a public hearing to consider an application from Steve Homola for a Conditional Use Permit (CUP) to allow road access by private driveway for a 3-lot minor subdivision of the property located at 2420 Westedge Boulevard due to lack of access on an improved public street. Copies of the application materials and project plans are available to the public upon request at City Hall. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Published in The Laker on January 17, 2004 Jill Norlander, Planning and Inspections Secretary 357 PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: December 30, 2003 SUBJECT: Minor Subdivision, Variance and' Conditional Use Permit APPLICANT: Steve Homola CASE NUMBERS: 03-37, 03-38 and 03-39 HKG FILE NUMBER: 03-05 LOCATION: 2420 Westedge Boulevard ZONING: R-1 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential BACKGROUND The applicant has submitted applications for a minor subdivision, variance and conditional use permit (CUP) to divide an existing parcel into 3 buildable lots. A private drive would provide access to the 3 proposed lots from Westedge Boulevard. Private water and sewer utility connections are proposed. Agreements for the private drive and utilities would secure individual owners use and bind each to maintenance obligations. The property is currently unplatted and contains 3. 164 acres located along Westedge Boulevard between the fbrmer Dakota Raih-oad right-of-way and the Langdon Bay neighborhood. The property is pie shaped and has approxirnately 33 feet of frontage on the improved portion of Westedge Boulevard. The residence west of the Homola's is located in Minnetrista. The applicant lives in the house on the property which also contains a detached garage and shed. Site CYmditions (Page P-l) Topography slopes generally fi'om north to south across the site. Elevation change is approximately 38 feet with a high point adjacent to the existing residence and low point at the southwest corner where drainage exits. Wooded areas on the northeast and southwest portions of the site are noted on the plans. Additionally, a tree inventory locates and identifies significant oak, basswood and maple trees that would be lost or saved. ~.~ North Third Street, Suite 100, Minneapolis. Minnesota 55401 (612).~_~8-0800 Fax (612) 338-68.~8 358 ]7. 2 # 03-3 7/# 03-38 / # 03-39 - 2420 l,l,~,stedge Minor $'ubdivision December 30, 2003 Proposal The applicant proposes the following development standards as shown on the subdivision application to meet R-1 Zoning District regulations for Parcels A, B and C: submitted Parcel A Lot Area Lot Width Sideyards Front yard Proposed 47,741 sq. fl. 33 feet* '130 feet** 17 feet 44 feet From common driveway 22 feet Hardcover 10,238 sq. Required Variance 10,000 sq. ft. 60 feet 60 feet 10 feet 30 feet ft.14,322 sq. ft. (max) 27 feet Proposed Required Variance Parcel B Lot Area 22,800 sq. ft. 10,000 sq. ft. Lot Width 95 feet** 60 feet Sideyards 10 feet 10 feet Front yard 59 feet 30 feet From common driveway 27 feet Hardcover 7,041 sq. fi. 6840 sq.ft. (max) 201 sq. ft. Parcel C Lot Area Lot Width Sideyards Front yard Hardcover Proposed Required Variance 67,286 sq. ft. 10,000 sq. fl. - 224 feet** 60 feet - 11 feet 10 feet - 56 feet 30 feet - 4905 sq. ft. 20,018 sq.ft. (max) - * - Lot width as fi'ontage on a public street. ** - The width of the lot not abutting a public street. The Phtt (Page P-2) As shown on plat, the western portion of the existing unplatted parcel would be divided into 2 lots for development (Parcel A and B). The remnant containing the Homola residence is identified as Parcel C. The lots meet R-I District minimums for lot width and area. Legal documentation for drainage, utility and driveway easements (both public and private) are also indicated on the plat which would also be recorded against the plat. Utilities (Page P-3) The plat accommodates an existing 10" City sanitary sewer main and 24" storm sewer on Parcel A. Private water and sanitary sewer connections are proposed. These utilities would be private 123 North Third Street, Suite 100, Minneapolis, Mimesota 55401 (613~59g-0800 Fax (612) 338-6838 /~. 3 # 03-3 7, # 0.~-.~ ~, ~ 0.~-.~ 9 - 2420 14'~e,sledge A iinor ,~ubdivisJon December 30, 2003 and commonly owned and maintained by the 3 property owners. The easement and covenant documents address ownership and maintenance responsibilities. Common Driveway (Page P-3) A private driveway is proposed to provide common access to Westedge Boulevard. The drive is 20 feet in width with a 30 feet easement to secure access over the parcels. A hammerhead design turn-around is provided on Parcel C for turning movements of larger emergency and service vehicles. Grading, Drainage and Building Pads (Page P-4) The proposed home sites on Parcels A and B show a typical building pad and should be considered speculative as no detailed building plans are provided. The building pads do demonstrate how a typical home could be sited. Both parcels are shown with basement floor elevations that would provide the opportunity for walkout basements. Lot width is sufficient to accommodate 3 stall garages as shown on the plans. Grading activity is limited to areas along the private drive and proposed home pads on Parcels A and B. Some activity on Parcel C associated with the private drive would also occur. DISCUSSION ITEMS · The proposed minor subdivision would require the approval ora conditional use permit for the private driveway (Section 330.95 Subd 11). The property was previously granted variances for lack of adequate lot frontage on an improved street (Resolution 88-109 and 93-157). The existing parcel has 33 feet of fi'ontage on Westedge Boulevard. R-1 District standards require lot to have 60 feet of frontage at the building setback. With the exception of improved street frontage which is covered by the variance and conditional use permit process for private driveways, the proposal meets all Zoning (Section 350) and Subdivision (Section 330) Code standards. · Variances tbr the subject property were granted in 1988 (improved street frontage) and 1993,~,,ara,,e~ addition) and have been included as attachments. At the time of this report a private utility maintenance agreement had not been received by the City for review. An agreement is needed to address ownership and maintenance of the private water and sanitary sewer lines and is forthcoming. · Staff' previously requested that the private driveway should be setback 3 to 5 feet from the north property line. The current drawing scales at 2 feet. t ~.~ North Third Street, Suite 100, Minneapolis, Milmesota 55401 (61360g-0800 Fax (612.) 338-68.38 p. 4 ~403-3 7/# 03-38 ." ?~ 0.~-.~ 9 -. 4.0 [l;esledge ~.tinor Subdivision 9 December 30, ~ 00.~ · The driveway easement area on Parcel C should be increased to cover the truck turn- around movement as shown on Page P-3. Although the proposed home pads meet R-1 front yard setbacks, a minimum setback from the common driveway should be specified to present a more uniform front yard. The home on Parcel A shows a 22 feet setback. Parcel B is 27 feet. Staff would suggeSt 30 feet as a reasonable minimum setback. · The City Attorney has reviewed the Driveway Easement and Maintenance Covenant documents and has provided the following comments to date: Language needs to be included to maintain road for all lots and include provision to repair private road in the event it falls into a state of disrepair including ability to assess costs. Document references that private road will comply with City Ordinances. We need to ensure that 30-foot road to be constructed does not conflict with language with ordinance provisions. 3. Language needs to be included to require for City consent and/or approval in the event the future owner(s) wish to modify the private driveway. The applicant is preparing a document to address private utility ownership and maintenance issues. That document may be ready prior to the Planning Commission meeting. · The minor Subdivision will cause the three parcels to be defined as non-lots of record by the Zoning Code. The lot area used hardsurface calculations submitted in the application differ from those on plan sheet page P-4. These numbers need to be reconciled to reflect the correct square footage of each lot. Hardcover is limited to 30% coverage. According to the submitted hardcover sheet, Parcel B is at the 30% coverage maximum. Plan sheet P-4 indicates that the parcel is over the maximum by 20'1 square feet (30.9%). The application does not request a variance to hardsurface standards. The minor subdivision will create two new parcel that would trigger park dedication fees orS1100 each (Section 330.120 Subd. 3). This property was not included in the recent Westedge Boulevard improvement project. Future Westedge Boulevard reconstruction/improvement projects should include these three parcels on a fee basis as they directly benefit fi'om an improved public street. 1 ~., North Third Street. Suite 100; Minneapolis, Mimesota 5540 I (61361S-0800 Fax(612) 338-6838 ?. 5 # 03-3 7 / # 03-38 / # 03-39 - 2420 [,Vestedge fi'l/nor Subdivision December 30, 2003 PUBLIC WORKS COMMENTS See the December 30, 2003 Memorandum from the Public Works Director. APPLICATION PROCESSING The application was received on November 3, 2003. A number of technical issues have kept the proposal off the December Planning Commission agenda. Staff has sent a letter to the applicant extending the 60-day review period. That period will end on or around February 29th. The City Council will hold a public hearing on the Conditional Use Permit portion of the proposal following 'Planning Commission review however no date has been set. STAFF RECOMMENDATION Staff recommends the Planning Commission recommend the City Council approve the minor subdivision, variance and conditional use permit for the private drive with the following conditions: Final grading and drainage plans must be approved by the City Engineer at time of building permit application. The private driveway maintain a 3 feet setback from the northern property line of Parcels A and B. 3. iProposed homes shall have a 30 feet setback from that portion of the common driveway located on Parcels A and B. 4. Installation of new water and sanitary sewer services for parcels must either be completed prior to release of building permits. 5. Payment of the followingutility fees: SanitmT Sewer Watennain City Water City Sewer MCES Sanitm3, Area Trunk Area com'~ection Connection Sewer Access Trunk Charge Parcel A $1500 $1500 $240 $240 $1350 Parcel B $1500 $1500 $240 $240 $1350 Parcel C $1500 $240 The City Attorney review and approve the Easement and Covenant Declaration documents for the private driveway and utilities prior to release of the plat for recording. Park dedication fees for 2 additional parcels be paid prior to release of the plat for recording at $1100 each. 123 North 'l?hird Street, Suite 100, Minneapolis, Mimaesota 55401 ¢ 3628-os00 Fax (612) 338-6838 5341 Maywood Road Mound,~ MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Planning Commission Cadton Moore, Director of Public Works / Engineering Coordinator December 30, 2003 Homola Minor Subdivision - 2420 Westedge Blvd. Background Representatives of City staff met with the applicant's representatives on December 2, 2003 to discuss the proposed application(s) and requested the following revisions and/or changes: 1. Show the correct location of the municipal 10 inch watermain in Westedge Blvd. right-of-way and revise and enlarge the utility connection area. 2. Obtain written approval from the Metropolitan Council Environmental Services (MCES) for the sanitary sewer connections directly into their trunk line or submit revised plans on how the sanitary service will be routed and connected. 3. The hammerhead turn-around at the east end of the driveway is not designed for the larger vehicle movements as requested. Submit a new design that meets the requested truck turn-around movements. 4. Maintenance agreements for the private driveway and utilities must be submitted. 5. Widen the driveway and utility easement width to 30 feet to provide sufficient room for a 20 foot shared driveway and utility easement. Planning Commission Review - Public Works and Engineering Dept Comments Based on review of the revised plans dated December 29, 2003, the following comments are provided: 1. The plan revisions show the correct location of the City watermain in Westedge Blvd. along with the utility connections and enlargement of the area. 2. The plans now reflect a private sanitary sewer pipe in the utility easement along the southerly portion of the property providing service to all three lots. Although the private sewer is in the utility easement, the lots have a common collection pipe and will need to execute a" Declaration of Covenants for Maintenance" of the sanitary sewer. It is recommended the declaration be submitted to the City for Staff review and approval. 363 3. The requested revisions to the hammerhead turn-around have been made on the Dec. 29, 2003 plan submittal. 4. The driveway and utility easement have been widened to 30 feet as requested. Recommendation 1. The plans as submitted with last revision date of Dec. 29, 2003 are approved. 2. A maintenance agreement or covenant for the sanitary sewer needs to be submitted for staff approval. · Page 2 364 MEMORANDUM To: From: C: Date: Su bj ect: Hoisington Koegler Group Inc. Mound Community Development Director Loren Gordon, Consulting Planner Carlton Moore, Public Works Director John Cameron, City Engineer Bill Hartman December 10, 2003 Supplemental Information -Planning Case No. 03-38 and No. 03-39 gill Upon review of the revised minor subdivision submittal information which was received on December 8, 2003, it appears a number of requested items as discussed at the Staff / Developer meeting held on December 2, 2003 have not yet been adequately addressed. Please see below: Please show the correct location and connections to the 10" public watermain in the Westedge Blvd. right-of-way. Also, provide an enlargement of the area where private utilities connect with the public watermain. The proposed final design must be approved by the City Engineer Approval and/or authorization fi'om Metropolitan Council Environmental Services (MCES) to permit the 3 individual sanitary sewer connections to the interceptor line. If MCES is not able to authorize these connections, the plans will need to demonstrate how services will be routed and connected to the 8" City sanitary sewer main. The hammerhead turn-around at the eastern end of the private drive will accommodate typical car and truck turning movements but is undersized for emergency vehicles and larger service vehicles such as garbage and delivery trucks. A new design should be submitted prior to Planning Commission review. The driveway design should be 5 ton and should also include appropriate design criteria. Staff recommends that the driveway be moved 3' to 5' feet south of the property line. 4. Homeowner and/or maintenance agreements for private driveway and utilities be submitted. Until these items are addressed, it is recommended the application not be forwarded to Planning Commission for review. It also appears an extension to the 60-day review period will need to be exercised in order to allow adequate time for Planning Commission and City Council review. 123 North Third Street, Suite 100, Mixmeapolis, Minnesota 554{.) 1 "' ) 2) (612) .~8-080( Fax (61 .3.38-68.38 365 'l F ECEIVET · / SEP2 zoo3 MINOR SUBDIVISION CITY OF I~OUND 5341Maywood Road, Mound, M~(~,D ?~_J~'~l~'(~ INSP. APPLICATION Phone 952-472-0600 F~ 952-472-0620 Planning Commission Date: City Council Date: Distribution: City Planner DNR Public Works Parks · City Engineer Other PAID 3£? 3 2003 OIT¥ OF MOUND Application Fee: $ 2,¢0 Escrow Deposit: $1,000 Deficient Unit Charges? Delinquent Taxes? Variance Required? Please type or print clearl~ EXISTING Subject Address ~7~.~._~) !.~--~-~.~2__~ PROPERTY LEGAL Lot ~"/ 'Block Subdivision DESCRIPTION ;2 .~ -- I I -) - ~ L( - ~_~ 2_ - O° o PID# Plat ZONING Circle: R-1 R-lA R-2 R-3 B-1 B-2 B-3 DISTRICT APPLICANT The applicant is: owner other: Phone (H)_ , ~ ~ (W)_ ~___(M)_ OWNER Name (if other than applicant) Address Phone (H). .(W) (M), SURVEYOR/ Name ENGINEER Address Phone (H) (W) (M) ! Has an application ever been made fo~: zoning, variance, conditional use permit, or other zoning proc?dure for this property? (I.¢)"yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provid& copies of resolutions. Application must be signed by al_~l owners of the subject property, or explanation given why this is not the case. I certify that all of the statements above and statements contained in any required papers or plans to be submitted .herewith are true and accurate. I acknowledge that I have read all of the information provided and that I am responsible for all costs incurred by the City related to the processing of this application. I consent to the entry in or upon the premises described in thi.s application by any authorized official of the City of Mound for the purpose of inspecting, or of po~such notices as may be required by law. / t Applicant's Signature Date Owner's Signature Date Minor Subd Application Page 1 of 1 Revised 01/16/03 366 CITY OF MOUND 5341 Maywood Road, Mound, MN 5364 Phone 952-472-0600 FAX 952-472-0620 CONDITIONAL USE PERMI]'A!D APPLICATION .SEP 3 Z003 CASE NO. Deposit 1 PLANNING COMM. DATE CITY COUNCIL DATE: CITY OF MOUND Distribution: City Planner: Public Works: Fire Dept. City Engineer: Parks: Other: Please type or print the following information: PROPERTY Subject Address ,_.~/?(L~ ~/~-~"~['"' ~Z~. ~/---~ ~ / V~ , ~'~ ~. INFORMATION Name of Business DESCRIPTION Subdivision ~ PID~ ¢ ~ - I t ~ - 2 ~- 2 ~ --~ APPLICANT The applicant is: Owner ~'~' Other: Phone (H .~W)_' , '/ (M;_ '~ ~-Mail Address Fax OWNER aPPli~nt) ~ ARCHITECT, SURVEYOR, Address 7~oi 7J ~ ~e. ~, d~lc/},~ X~/C ~l :% OR ENGINEER Phone (H) (W)~J-ff~O ~0 ¢~ (M) ZONING Circle: ~ R-lA R-2 R-3 B-1 B-2 B-3 DISTRICT Conditional Use Permit Application 12/30/02) Page 1 of 2 367 Description of Proposed Use: --"J~ h V-C._ ~ EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ Has an app~tion ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? f/yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. App~icat~n must be s~gned by ~ ~wn~rs ~f th~b~%t pr~p7y~ an exp~nat~n given why ~his is n~t the case' Print Applicant's Name Applicant's Signature Date Print Owner's Name Owner's Signature Date Print Owner's Name Owner's Signature Date City Code Section 350:525 relating to Conditional Use Permits must be reviewed by the applicant. If applying for a two family dwelling, City Code Section 350:630, Subd. 4. must be reviewed by the applicant. Conditional Use Permit Application (12/30/02) Page 2 of 2 368 CITY OF MOUND 5341 Maywood Road Mound, MN 55364 Phone 952~472-0600 FAX 952-472-0620 2003 Application Feii~ Planning Commission Date VARIANCE APPLICATION PAID SEP 2 2003 CITY OF MOUND Escrow Deposit~0~ ..... Case No. O'-~-D¢ City Council Date Please type or print legibly SUBJECT Address ,~ PROPERTY LEGAL DESC. Subdivision ' PID'~ ~' ZONING DISTRICT (R_~ R-lA R-2 R-3 B-1 B-2 B-3 ~,,./ PROPER~ Name ~ OWNER - Phone (H; .... =~ (W)~' APPLICANT Name (IF OTHER Address THAN OWNER) Phone (H) (W) '(M), Has an application ever be..e~ made for zoning, vanance, conditional use permit, or other zoning procedur~ for this property? Yes ('-*)'No (). If yes, list date(s) of application, action taken, resolution number(s) and provide co pies of resolutiOns. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (12/30/02) Page 1 of 3 369 Case No. 3. Do the existing structures comply with a/Il area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (/,,~No (). if no, specify each non-conforming use' (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: Front Yard: ( N S E W ) Side Yard: ( N S E W ) Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) : (NSEW) Street Frontage: Lot Size: Hardcover: REQUIRED REQUESTED VARIANCE (or existing) sq ft .sq ft sq ft sq ft sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (P')~No (). If no, specify each non-conforming use: 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the- uses permitted in that zoning district? ( ) too narrow ( ) tepography ( ) soil ( ) too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify Please describe: Variance Application (12/30/02) Page 2 of 3 37O 6. Was the hardship described above created by the action of any,,qne having property interests in the land' after the zoning ordinance was adopted (1982)? Yes (), No (")'. If yes, explain: 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (). If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). If no, list some other properties which are similarly affected? 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."l acknowledge.that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required b,~' law. Owner's Signature .~.~,j..~~~!~~ Date Applicant's Signature Date Variance Application (12/30/02) Page 3 of 3 371 MOUND PROPERTY ADDESS: ~,I~ OWNER'S NAME: ,LOT AREA .,,,,,~/' ~7 LOT AREA HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) SQ. FT. X 30% = (for all lots) ....................................... [ / ~/~ Z%Z, 7 SQ. FT. X 40% = (for Lots of Record) ............................. * Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 6.B.1 (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT .¢~ x .~ o = TOTAL HOUSE ......................................... ,,y.2.. x .,,2.~ : /~. / 7~ ,~.~- x /2_. : ~'~ TOTAL DETACHED BUILDINGS ........... ..................... .3 o x 2so : c~o DETACHED BUILDINGS (GARAGE/SHED) E-~ ~'~ ~¢ ;.~. DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. ~ DECKS Open decks (1/4" min. Opening between boards) with a pervious surface unde[ am not counted as hardcover. TOTAL DRIVEWAY, ETC . ........................... X = X = X = TOTAL DECK ....................................................... X = TOTAL OTHER TOTAL HARDCOVER I IMPERVIOUS SURFACE ................................................... UNDER / OVER (indicate difference).~ ................................ t.~..~..~..~.~.. .................. I 1 Revised 08/06/03 372 MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDESS:~ ~_Z) OWNER'S NAME: LOT AREA LOT AREA SQ. FT. X30%= (for all lots) ....................................... l ..... '~/ ~"5"~/" ¢ SQ. FT. X 40% = (for Lots of Record) ............................. I * Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 6.B.1 (see back). A plan must be submitted and approved by the Building Official. HOUSE [5~ '~'J~¢. b~ t, {' LENGTH WIDTH sQ FT DETACHED BUILDINGS (GARAGE/SHED) TOTAL HOUSE ........................ : ........................... X = DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. TOTAL DETACHED BUILDINGS ............................... .~ o x ._g o = ¢ x : DECKS Open decks (1/4" min. Opening between boards) with a pervious surface under are not counted as hardcover. X = X = X = TOTAL DECK ....................................................... X = X~ TOTAL OTHER .................................................... TOTAL HARDCOVER i IMPERVIOUS SURFACE ................................................... UNDER / OVER (indicate difference) ................................. L,~..~.' .Y2. ........... PREPAREDBY C~.~¢¢¢~' f'?~./~ DATE z./', .'4/O0 Revised 08/06/03 373 HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY OWNER'g NAMe: LOT AREA ~ LOT AREA SQ. FT. X 40% = (for Lots of Record) * Existing Lots of Record may have 40 percent coverage provided that techniques am utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 6.B.1 (see back). A plan must be submiffed and approved by the Building Official. LENGTH WIDTH SQ FT TOTAL HOUSE .................................................... X = DETACHED BUILDINGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. a×' s~. :'%-F~ ~ DECKS Open decks (1/4" min. Opening between boards) with a pervious surface under are not counted as hardcover. TOTAL DETACHED BUILDINGS ............................... TOTAL DRIVEWAY, ETC ' X = X = X = TOTAL DECK ............... ' ................................... X = TOTAL OTHER TOTAL HARDCOVER / IMPERVIOUS SURFACE ................................................... Revised 08/06/03 374 'aA'iii ,376 .i 177 , 378 December 14, 1993' RESOLUTION g93-157 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING STREET FRONTAGE TO ALLOW CONSTRUCTION OF A CONFORMING GARAGE ADDITION AT 2420 WESTEDGE BLVD., THAT PART OF GOVERNMENT LOT 4, SECTION 23, TOWNSHIP 117, RANGE 24, PID #23-117-24 22 0005 P&Z CASE #93-060 WHEREAS, the owner, Steve Homola' has applied for a variance to recognize nonconforming street frontage to allow COnstruction of a conforming garage addi.tion, and WHEREAS, the subject property lies near, but not immediately adjacent to an improved public access and city Code Section 350: requires '60 feet of' frontage in the R-I zoning district and the property in question has 33 feet of frontage, creating a 27 foot street frontage va_fiance, and WHEREAS, the subject property received a.variance to lot frontage on August 9, 1988, Resolution #88-109, to allow COnstruction of the existing dwelling, and WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard .setback, 10 foot side yard setbacks, and'a 15 foot rear yard setback, and; . WHEREAS, all setbacks, lot area, and lot coverage are conforming, and; WHEREAS, the Planning Commissi°n has reviewed the request and unanimously recommended approval as. the addition is COnforming to all other respects of the Zoning Ordinance and is a reasonable use of the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of /~nd, Minnesota, as follows: . '- / 1.// The City does herebY approve a street frontage variance .to allOw construction of a L "' conforming garage addition. 2. 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. 361 379 tuber 14, 1993 . It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property .to afford the owners reasonable use of their land: Construction of 30' x 28' garage addition, 4. This variance is granted for the following legally described property: That part of Government Lot 4, Section 23, Township 117, Rank 24, Hennepin County, Minnesota, lying northwesterly of the northwesterly fight-of-way line of the Burlington Northern Railroad. . 5. 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. 6. 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 filed with the City Clerk. The forgoing resolution was moved by COuncilmember Jensen and seconded by Councilmember Ahrens. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, and Johnson. The following Councilmembers voted in the negative: none. Councilmember Smith was absent and excused. ! Mayor Attest: City Clerk 362 38O 196 August 9, 1988 REgOLUTION NO. 88-109 RESOLUTION TO /%PPROVE FRONTAGE AND IMPROVED RIgHT-OF-WaY VARIANCES FOR PROPERTY OWNED BY THE CITY OF MOUND LOCATED ON WESTEDGEBOULEVARD WHERE~S, the City Council held a public meeting on August 9, 1988, to consider the issuance of variances from Sec- tions 23.403 (1) and 23.604,5 (2) of the Mound Zoning Code to and the construction of a single family per,.it the sale of land . residence on property located at xxxx Westedge Blvd. ( PID #23- 117-24 22 0005); and .. WHEREAS, Section 23.402 (1) requires lots to have fron- tage on improved public accesses and the property in question lies near but not immediately adjacent to an improved public access and Section 23.604.5 (2) requires 60 feet of frontage in the R-1 zone and the property in. question has 33 feet of frontage creating a' 27 foot property width variance; and eWHERE~S, all persons wishing to be heard were heard; and WHERE~S, the Planning Commission has. reviewed the re.quest and determined the following: 1. The property is appropriate for a residential use and should be returned to the tax rolls. '2. Future devel°pment options exiSt for the provision of a full 60 foot wide frontage for the subject parcel. 3. The property will front on an improved public right-of- way with minor grading improvements.~nd rock placement. 4. The Planning Commission unanimously approved the sub- ject variances. WH'ERE~S, the Park and Recreation Commission has reviewed the request and recommended the following: 1. That the City hold the property .until a determination can be made of the recreation value based on the ~ development of the surrounding land, i.e. railroad right-Of-way, possibly become a part of a trail system or see the what outcome of the Hennepin Park plan is. NOW, THEREFORE, BE IT RESOLVED that the~City Council of the City of Mound, Minnesota, does hereby appr°ve the lot Width ..... and improved public right-of-way variances for the property lo- 0005). ~,.cated at xxxx Weste~ge Blvd. (PID #23-117-24 22 381 197 August 9, 1988 (PID #23-117-24 22 0005). Com at a pt in S llne of Govt. Lot 4 dis 744 feet E from SW cor thereof th N 434 5&10 ft th E par with said S line and same extended to the shore of Lake Langdon th Sly along said shore, line to an intersec with a line par with and 217 25&100 ft N from S line of Govt Lot 4 and extension thereof th W on said par line to a pt 33 ft W from E line of Lot 4 th S to said S llne th W to Beg ex road, Unplatted 23 117 24, City of Mound The foregoing resolution was moved by Counciimember Abel and seconded by Councilmember Jensen. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen and Sm th. The following Councilmembers voted in the negative: Johnson. A-ttes t: City Clerk 382 5341 Maywood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY 1'O: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: January 21,2004 SUBJECT: Minor subdivision and variance APPLICANT: Frank and Suzanne Matachek PID: 24-117-24-12-0013 PLANNING CASE NUMBER: 03-47 LOCATION: 2530 Ruby Lane LEGAL: Lots 6 & 7, Block 7, Shirley Hills Unit B ZONING: R-1 Single Family Residential COMPREHENSIVE PLAN: Residential BACKGROUND The applicants, Frank .and Suzanne Matachek, are requesting approval of a minor subdivision of the property located at 2530 Ruby Lane to create an additional buildable lot (Parcel B) which abuts Glendale Road. A variance application has also been submitted to address the (2911 ) foot setback for the existing home along Channel Road. The requested variance is described as follows: Required / Existing Requested Variance Front (south) - Parcel A SITE CONDITIONS 30 feet / 29.1 feet 29.1 feet 0.9 feet (1 0.8 inches) The subject property abuts Glendale Road on the north side, Ruby Lane along the east side and Channel Road on the south and west side(s). There is an existing house on proposed Parcel A which is currently accessed from Channel Road. The proposed new lot, Parcel B, will be accessed via a new driveway on Glendale .Road and is proposed to be sold. 383 REVIEW / RECOMMENDATION Based on its review, the Planning Commission recommended approval of the minor subdivision and variance for the property located at 2530 Ruby Lane as recommended by Staff subject to conditions and noted that the proposal, as submitted, meets all provisions of the City Code with the exception of the setback variance for the house which is an existing condition. Details regarding the Planning Commission's review of the application(s) is included in the meeting minute excerpts which have been included as an attachment. Members of the Commission also requested that the Council consider waiving the Water Trunk Area Charge of $1500.00 for the new lot as the second connection which was installed previously was used by an adjoining lot therefore increasing the cost for access. 384 CITY OF MOUND RESOLUTION # 04- .., A RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTY LOCATED AT 2530 RUBY LANE P & Z CASE # 03-47 PID # 24-117-24-12-0013 WHEREAS, the applicants, Frank and Suzanne Matachek, have requested a minor subdivision to the property located at 2520 Ruby Lane to create a new buildable lot (Parcel B) which abuts Glendale Road; and WHEREAS, a variance has also been requested to address the 29.1 foot setback for the existing home on Parcel A along Channel Road; the requested variance is described as follows: Required / Existing Requested Front (south) - Parcel A 30 feet / 29.1 feet 29.1 feet Variance 0.9 feet (10.8 inches) WHEREAS, minor subdivisions are regulated by City Code Chapter 330:20; and WHEREAS, City Code Chapter 530:530, Subd. 1 states that a variance may be issued to provide relief to a landowner where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his/her property if certain circumstances exist; and WHEREAS, the subject property abuts Glendale Road on the north side, Ruby Lane along the east side and Channel Road on the south and west side(s); and 385 WHEREAS, there is an existing house on proposed Parcel A Which is currently accessed from Channel Road and proposed new lot, Parcel B, will be accessed via a new driveway on Glendale Road and is proposed to be sold; and WHEREAS, the property is located within the R-1 Single Family Residential District and subject to the regulations of City Code Chapter 350:620 as set forth below: Lot Area Width Depth Front Side Rear Setback Setback(s) Setback R-1 10,000 SF 60 FT 80 FT 30 FT 10 FT 15 FT WHEREAS, the minor subdivision meets the R-1 standards as set forth in the City Code with the exception of the setback for the house on Parcel A which is an existing condition and is not affected by the subdivision; and WHEREAS, the Planning Commission reviewed the request at its January 5, 2004 meeting and unanimously recommended that the City Council approve the minor subdivision and variance as requested by the applicants and as recommended by Staff; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the minor subdivision and requested variance and makes the following findings of fact: The proposal meets the provisions of the City Code with the exception of the (29.1) foot front setback variance for the existing house on Parcel A which is an existing condition and. is not affected by the proposal. 2. The City Council does hereby approve the minor subdivision and variance subject to the following conditions: Hardcover on the proposed new lots shall not exceed thirty (30) percent. B. Property shall no longer qualify for "lot of record" status. Applicant shall be responsible for payment of all costs associated with City review of the minor subdivision and variance request(s), 386 No future approval of any development plans and/or building permits is included as part of this land use action in the event the minor subdivision and variance 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 dated December 24, 2003 that has been included as Exhibit A. If the resolution is released prior to the installation of municipal utilities and other related work, 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. The minor subdivision and variance is approved for the following legally described property as stated in the Hennepin County Property Information System: Refer to Exhibit B. The variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 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 for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. 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: 387 Adopted January 27, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk 388 EXHIBIT A MEMORANDUM DATE: DECEMBER 24, 2003 TO: SARAH SMITH, COMMUNITY DEVELOPMENT DIRECTOR FROM: JOHN CAMERON, CITY ENGINEER SUBJECT: CITY OF MOUND MATACHEK MINOR SUBDIVISION 2530 RUBY LANE CASE NO. 03-47 MFRA File No. 14625 FRA As requested, we have reviewed the Matachek Minor Subdivision request and have the fbllowing comments and recornmendations: Comments: 1. According to City records, proposed parcel B does not have an existing water service, in fact there is no water main located in either Glendale Road or Ruby Lane. A long service will need to be installed from the City Main in Bartlett Blvd. and it will need to be installed by directional boring as indicated on the survey. The cost to install this service will be the responsibility of the applicant. 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 Parcel B, 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 sides and 5 feet wide on the side lot lines, as shown on the survey. The survey submitted with the application shows only tentative house locations and proposed building elevations. A more cornplete grading and drainage plan will need to be submitted when application is made for a building permit. 15050 23RD AVENUE NORTH PLYMOUTH, MN 55447 389 JCAMERON@MFRA.COM (763)476-6010 FAX (763) 476-8532 Recommendations: 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 Parcel B. 3. A new concrete apron must be installed for Parcel B at the time of house construction. Provide drainage and utility easements along all lot lines of both parcels, 5 feet in width on side lot lines and 10 feet wide along the street sides, as shown on the Survey. 5. Final grading and drainage plan to be approved by the City Engineer at time of building permit application. 390 EXHIBIT B EXISTING LEGAL DESOR-PTION : Lots 6 and 7, Re-arrangement o:f Block 7, Shirley Hills Unit B PROPOSED LEGAL DESCRIPTIONS PARCEL A : Lot 7 and that part of Lot 6, Re-arrangement of Brock 7, Shirley Hills Unit B, which lies southwesterly of · w line of eo~d Lot 6 o distance of 48 20 feet to the 25 m nutes 17 seconds Eqst along the northwesterly ' · point of beginning of said "Line A" being described; thence South 50 degrees 35 minutes 30 seconds EcSt o distance of 79.40 feet; thence South 44 degrees 39 minu~es 24 seconds, East to the southeasterly llne 'of said Lot 6, and sold "Line A" there ending, '" ' PARCEL B : ....... , of said LOt 6, end said "Line A" there ending. 391 MINUTE EXCERPT MOUND ADVISORY PLANNING COMMISSION JANUARY 5, 2004 CASE #03-47 MINOR SUBDIVISION 2530 RUBY LANE - FRANK & SUZIE MATACHEK The applicants are requesting approval of a minor subdivision of the referenced property. A variance has also been requested to address the 29.1-foot setback for the existing home along Channel Road. The property abuts Glendale Road on the north, Ruby Lane along the east and Channel Road on the south and west sides. The proposed new lot will be accessed via a new driveway on Glendale Road. City staff recommends approval subject to the following minimum conditions: 1. Hardcover on the proposed new lots shall not exceed 30 percent. 2. Property shall no longer qualify for "lot of record" status. 3. Applicant shall be responsible for payment of all costs associated with City review of the minor subdivision and variance requests. 4. No future approval of any development plans and/or building permits is included as part of this action. 5.Applicant shall be required to submit all required information upon submittal of the building permit applications. 6.Applicant shall be responsible for procurement of any and/or all public agency permits. 7.AIl conditions from the City Engineer as referenced in his memorandum dated December 24, 2003. 8. If the resolution is released prior to the installation of municipal utilities and other related work, a utility escrow deposit or other acceptable financial guarantee in an amount to be determined by the City Engineer should be submitted. 9. A legal description for the proposed drainage and utility easements fro proposed Parcels A and B will need to be submitted by the applicant and prepared in document form so as to allow for recording at Hennepin County and shall be subject to review by the City Engineer prior to release of the resolution. 10. Payment of 1 park dedication fee and any and/or all municipal utilities trunk and connection fees and deficient street assessment charges prior to the release of the resolution. Discussion Mueller asked if the shed needed to be addressed. Smith said staff would address it as part of the building permit approval. It could be formally addressed if the Commission wanted to do it that way. 392 Planning Commission Minutes January 5, 2004 Mueller asked about the availability of the water main. It was pointed out by Mr. Matachek that the original connection for the second lot was used by an adjoining lot leaving the new lot without easy access. He thought that it might be appropriate for the charges for water main to be revised considering the added expense of hookup. MOTION by Mueller, seconded by Ayaz, to recommend Council approve the subdivision with staff recommendations and a request that the Council review the water main trunk charges. MOTION carried unanimously. 393 Page 1 of 3 Kandis Hanson From: To: Sent: Subject: "Leah Weycker" <weycker @weston ka. k12. mn.us> "Leah Weycker" <weyckerl. CentraI,Westonka@westonka.k12.rnn.us> Tuesday, January 20, 2004 4:13 PM WHCC ***Westonka Healthy Community Collaborative Wednesday, January 28, 2004 12:00-1:30 PM Gillespie Center 2590 Commerce Blvd. Mound Any comments or questions, contact Leah Weycker, Collaborative Coordinator, at 952-491-8058 or ~/v~yqk~rL~westonka~k!.2~.~r~n...us 1. Lunch 12:00 Feel free to bring your own bag lunch or join us for a light "free will donation" lunch, suggested value $6.00. 2. Introductions 3. Additions or Changes to the Agenda / Minutes 4. Announcements 5. Project Presentations Projects or services receiving funds from our collaborative will be presenting information. All the projects that are requesting funds for our next budget cycle will present over the next three months. The final budget will be adopted at the March meeting. 6. Community Statement A small group met in December to move the community statement along. We will present the draft statement and plans for the next step of community buy in and support. *************************** "We can do anything we want to do if we stick to it long enough." - Helen Keller ** Advisory Group Updates Health Sandy Olstad, Mary Goode, Jeanette Metz, Mark Brekke, Carol Miletti, Kevin Erickson Camp T.O.A.D. (Teenagers Overcoming Anxiety and Depression) was a big 394 1/21/2004 Page 2 of 3 success. Many of the kids wanted to meet again to follow up on all that they learned. Youth Activities Sandy Rauschendorfer-temp chair, Jean Ann Thayer, Kathy Jones, Kim Erickson Heiar Work on the skate park has stoped because of winter. In the spring, there will be a few days of pouring cement to complete the bowls and a few weeks of finish work. We are planning a mid to late June grand opening celebration. The youth group met to discuss budget and review the projects already on the table. Parent Education Sandy Wing, Sandy Olstad, Bill Erickson, Amy Taggart The parent group is meeting at the Westonka County Library on select Friday mornings at 9:30. The parents attending are looking at developing a flier to send out to parents related to topics of parenting, resources, problem solving and healthy children. Community Margaret Holste, Carol Olson, Ginny Lozano, Jeanette Metz, Dena Kuenzel Planning continues for the housing information fair scheduled for March 9, 2004 at the Gillespie Center. We will have presentations for first time home owners, renters, and senior citizens, as well as a resource fair. Help spread the word! Executive Craig Anderson, Carol Olson, Margaret Holste, Sandy Wing, Sandy Raushendorfer, Mary Hughes The Executive group did not meet in December. Alliance for Families and Children in Hennepin County The LCTS policy committee has recommended a 5% contribution to the Childrens Mental Health Collaborative. That is the same amount that we contributed last year. Minneapolis has reduced their contribution from 11% to 5%, making the same contribution as the rest of Hennepin county collaboratives. Information related to CMHC spending is still forthcoming. The Alliance is needing to cut back on spending, like all of us. The Allies for Change grants will still be awarded this year but are not certain for 05-06. *** Westonka Healthy Community Collaborative Minutes - December 17, 2003 Present: Kathy Jones, Kim Erickson-Heiar, JeanAnn Thayer, Amy Taggart, Bill Erickson, Leah Weycker, Carol Olson, Mary Hughes, Jeanette Metz, Gene Zulk 395 1/21/2004 .. II :: ii Page 3 of 3 Guests: John Whitehead and his mother. This was a special meeting to discuss the "community statement" we were drafting that addressed youth alcohol, tobacco and other drug use. We started by looking at the big picture, What is our goal or reason for the community statement? We thought that it was to address the community, mainly adults in the community, with the issue of ATOD use. It is important to give adults a way to start a conversation with their children about this issue. Encourage discussion between parents about what they are doing with their children. Foster a mutual responsibility among parents. Parents are the audience and roll models. Drinking at tournaments is common. John Whitehead said kids would respond to the idea that it is just not worth it. Based on a statement typed out on paper, we changed the words and came up with the following statement. COMMUNITY STATEMENT: The Westonka community values, respects and cares about kids as important members of our community. We will empower, educate and be role models for our kids to make healthy decisions about using alcohol, tobacco and other drugs. We will under stand the law and know the consequences of our actions. We talked about publishing a draft statement in the Laker and ask for in put from the community. Along with the Laker ad, we should ask for community in put via email or hard copy to different groups. (ministerial group, Rotary, Jaycees, Lions etc.) Allow them to respond by email, mail, or phone. An idea for making the response as easy as possible is to give them lines to rewrite the phrase. Leah Weycker Westonka Healthy Community Collaborative 5901 Sunnyfield Rd.E Minnetrista, MN 55364 952.491.8058 www.westonka.org 396 1/21/2004 Date 1/1/2004 1/2/2004 1/3/2004 1/4/2004 1/5/2004 1/6/2004 1/7/2004 1/8/2004 1/9/2004 1/10~2004 1 /11/2004 1/12~2004 1/13~2004 1/14~2004 1/15~2004 1/16/2004 1/17/2004 1/18~2004 1/19~2004 1/20/2004 1/21 ~2004 1/22/2004 1/23/2004 112412004 1/25/2004 1/26/2004 1/27/2004 1 ~28~2004 1/29/2004 1 ~30~2004 1/31/2004 Totals Weather cool sunny sunny SUNNY sunny CLOUDY CLOUDY CLOUDY ptly cldy SUNNY SUNNY CLOUDY pt sunny cold COLD CLOUDY cloudy Harbor Wine & Spirits January 2004 Cust 04 Cust 03 Variance 2004 0 291 265 26 5048.15 387 414 -27 7564.12 518 -518 209 209 2633.26 174 281 -107 2630.04 197 257 -60 3054.03 199 263 -64 3406.61 382 273 109 6608.28 466 456 10 9310.31 516 -516 203 203 2905.66 216 274 -58 3622.29 207 261 -54 3339.51 216 257 -41 3412.54 394 269 125 7035.98 455 518 -63 9241.98 546 -546 196 196 3144.65 222 251 -29 2771.67 184 268 -84 2940.79 258 -258 281 -281 445 -445 642 -642 0 213 -213 254 -254 240 -240 288 -288 464 -464 4598 8972 -4374 78669.87 2003 Difference +/- 0 3041.26 2006.89 5759.66 1804.46 7752.69 -7752.69 2633.26 3284.21 -654.17 3146.02 -91.99 3352.37 54.24 3439.13 3169.15 6548.04 2762.27 7776.91 -7776.91 2905.66 3471.68 150.61 3050.29 289.22 3383 29.54 3533.72 3502.26 7852.16 1389.82 8873.31 -8873.31 3144.65 3242.1 -470.43 2922.13 18.66 4080.36 -4080.36 3734.52 -3734.52 6372.65 -6372.65 12537.65 -12537.65 0 2776.52 -2776.52 2960.72 -2960.72 3298.82 -3298.82 3727.06 -3727:06 6886.68 -6886.68 126803.7 -48133.79 397 2135 Commerce Blvd Mound, MN 55364 (952) 472-0648 ~~ o % ®//~.~ tt e~~in ~ 8 a.~ ~ .~ / ~ro~ ~amlatin~~v~rbr ~aturda~r/ DoCK AND COMMONS ADVISORY COMMISSION MINUTES January 15, 2004 Present: Commissioners Jim Funk, Greg Eurich, Michelle Olson and Gerald Jones, Park Superintendent Jim Fackler, Dock Administrator Katie Hoff and Secretary Denice Widmer Chair Jim Funk called the meeting to order at 7:33pm. 1. Approval of November 187 2003 Minutes: Motion by Jones to approve the Minutes. Second by Eurich. Motion carried. 2. Agenda Changes: Election of officers was moved to the end of the meeting since Hanus was going to be late due to his obligation at the Public Safety Building. 3. Comments and Suggestions from Citizens. None 4. Introduction of Michelle Olson~ new DCAC Commissioner. 5. Election of Officers for 2004: Originally moved to the end of the Agenda, later tabled until the February meeting since the meeting only lasted 30 minutes. 6. Review Work Rules: Fackler reminded tne~g6mmission to review thc enclosed work rules. ~ 7. Review 2004 Agenda Calendar: N~anges 8. Discuss 2004 Budget Sheet/Expenses/Income Fackler will bring 2003 year-end figures as well as a breakdown of the Administrative costs to the February meeting. This will be a topic of discussion in the following months. 9. Discuss Centerview Multiple Survey Results Since the majority of those surveyed were not in favor of adding a multiple at this time, this item was tabled until 2005. 10. No reports from the City Council Representative or the Park Superintendent. Motion by Funk to adjourn the meeting. Second by Jones. Motion carried. Meeting adjourned at $:00pm. 399 MINUTES MOUND ADVISORY PLANNING COMMISSION JANUARY $, 2004 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:03 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jori Ayaz, Becky Glister, Cklair Hasse, Michael Mueller, Jon Schwingler and Dave Osmek. AbSent and Excused Greg Raines; Staff present: Community Development Director Sa~~ Smith, and Recording Secretary Jill Norlander. ~,~ii:~:~ii~'~iiiiiii!iiiiiiiiiiiiiiiiiiii i i;iii!iiiiiiii::~,l The following individuals were present: Steve Homai~/'i:6305 ~:,Branch Road, Minnetrista), Michael River (6985 173rd St W, Fa~ii~:~gton), Barb ~iii~w (2400 Westedge Blvd, Minnetrista), Frank & Susie Matachek ( Ted & Brenda Breckheimer (6333 Alwin CiO, Bill Hartman (4165 Shoreline (2137 Ashland Ln) ELECTION OF OFFICERS MOTION by Mueller, second by Commission Chairman. MOTI Michael as Planning MOTION by Glister, Commission Vice Chairman. ,Ce-appoint Michael Mueller as Planning unanimOusly. APPROVAL OF & DECEMBER 15~ 2003 MEETING MINUTES MOTION by MOTION carried ur to approve the November 24, 2003 minutes. MOTION by Mueller, secO:hd by Hasse, to approve the December 15, 2003 minutes. MOTION carried unanimously. APPROVE AGENDA WITH ANY AMENDMENTS An additional item was added by Chair Michael. BOARD OF APPEALS CASE #03-40 VARIANCE CASE #03-41 MINOR'SUBDIVISION 2175 NOBLE LANE - DAWN MARIE OAK 4OO Planning Commission Minutes January 5, 2004 At the December 15, 2003 Commission meeting this request was tabled to allow the applicant adequate time to consider the possibility of adjusti'ng the proposed rear lot line so as to increase the setback for the existing house on proposed Parcel B. A modified survey was submitted which includes an increased setback for the existing house accomplished by shifting the proposed lot line further east and removing a portion of the mechanical room. MOTION by Mueller, seconded by Ayaz, to recommend Council approve the subdivision and variance with a 5 or 10-foot easement as determined by City Engineer. MOTION carried unanimously. CASE #03-47 MINOR SUBDIVISION 2530 RUBY LANE - FRANK & SUZIE MATACHEK ~!::¢ii'iiiiii?':' The applicants are request ng approval of a minor subdivi~ii~i~ of the referenced property A var ance has a so been requested to addre~i~'::t~::~iii~i~.l-foot setback for the existing home along Channel ROad ..... ,::::ii:,',ii:~[iii!iiiii~:' ........ ~i!:'~:ili~iiiiiiiiii?~i~i~:ii~ The property abuts Glendale Road on the nort~:i:~ili~':uby..:b~he along ~'~:~ east and Channel Road on the south and west sides. The propo~'~i~:,ii~:n.e~ii?:i~t will be accessed via a new d r ivewa y o n G l e n d ale RoB d. ::~::~??~:~: .... City staff recommends approval subject ~?~inimum conditions: 1. Hardcover on the pro[ 2. Property shall no Ion 3. Applicant shall be review of the minor 4. No future app as part of 5.Applicant building 6.Applicant exceed 30 percent. status. ,~nt of all costs associated with City · an ~nce requests. pment plans and/or building permits is included to":~i~'bmit all required information upon submittal of the for procurement of any and/or all public agency permits. 7.AIl conditions from {~'~ City Engineer as referenced in his memorandum dated December 24, 2003. 8. If the resolution is released prior to the installation of municipal utilities and other related work, a utility escrow deposit or other acceptable financial guarantee in an amount to be determined by the City Engineer should be submitted. 9. A legal description for the proposed drainage and utility easements fro proposed Parcels A and B will need to be submitted by the applicant and prepared in document form so as to allow for recording at Hennepin County and shall be subject to review by the City Engineer prior to release of the resolution. 10. Payment of I park dedication fee and any and/or all municipal utilities trunk and connection fees and deficient street assessment charges prior to the release of the resolution. 401 Planning Commission Minutes January 5, 2004 Discussion Mueller asked if the shed needed to be addressed. Smith said staff would address it as part of the building permit approval. It could be formally a~clr~d if the Commission wanted to do it that way. Mueller asked about the availability of the water main. It was pointed out by Mr. Matachek that the original connection for the second lot was used by an adjoining lot leaving the new lot without easy access. He thought that it might be appropriate for the charges for water main to be revised considering the added expense of hookup. MOTION by Mueller, seconded by Ayaz, to recommend CouB~i~l approve the subdivision with staff recommendations and a request that the Council~i~iew the water main trunk charges. MOTION carried unanimously. CASE #03-37 MINOR SUBDIVISION CASE #03-38 CONDITIONAL USE PERMIT CASE #03-39 VARIANCE 2420 WESTEDGE BOULEVARD - STEVE H~ The applicant is requesting a minor sul subdivide an existing parcel into 3 build~ to the 3 proposed lots from W~ connections are proposed. conditional use permit to fate drive would provide access ~te water and sewer utility The property is currently Boulevard and the fo neighborhood. 3.164 acres between Westedge d:'~'ight-of-way and the Langdon Bay Staff recomm, the following conditions: 1. The City Engineer final grading and drainage plans at time of building permit application. 2. The private driveway sl~all maintain a 3-foot setback from the northern property line of parcels A and B. 3. Proposed homes shall have a 30-foot setback from that portion of the common driveway located on Parcels A and B. 4. Installation of new water and sanitary sewer services for parcels must either be completed prior to release of building permits. 5. Payment of utility fees in accordance with the Planning Report. 6. The City Attorney shall review and approve the Easement and Covenant Declaration documents for the private driveway and utilities prior to release of the plat for recording. 7. Park dedication fees for 2 additional parcels shall be paid prior to release of the plat for recording at $I 100 each. 402 Planning Commission Minutes January 5, 2004 Discussion Osmek wanted to know if the dead end line would cause problems with water quality in the future. Moore indicated that he and Cameron didn't think it would because it was a different scenario than the areas currently have trouble within the city. Hasse asked about the 27-foot vs. the 60-foot roadway frontage requirement. Gordon explained the difference between private and public roadway. Hasse asked about the need for variance approval every time they want to do something. Gordon said it would be looked at differently because the variance had already bee~ established. Mueller said there 'are 3 applications to be considered bu~,:i~'entially the variance will not exist once the private drive is in. Gordon confirmed~iii~i~i!Ii~::~,~=be correct. Osmek asked how this compared to the Lynwoo~ evard ar~,at is similar. Gordon said we were handling this the way th, ~rea sh°'~iii~' have been handled. Mueller inquired (packet p 36 - 3rd Gordon indicated that we do not have sure that the construction plans for the re Engineer. Mueller asked why staff house when the Mueller why 30 feet uniform look. Mueller lot line. Is 3 feet than adequate. :he hard ~t the language on Page 36. Jot roadway and wanted to be ..... ',ific and reviewed by City ded? a 30-foot front setback for the existing ~rdon thought that was a possibility. Gordon said it was desirable to maintain a private drive would not be closer than 3 feet from 'don a minimum would be 3. Five feet would be more Michael wanted to know ~hy the private drive couldn't be a public roadway? Gordon responded that, among other things, it would require a 50-foot right of way in order to meet standard requirements. Osmek added that it saves us maintenance and redeVelopment costs in the future. Mueller asked if no parking should be required on this roadway. Gordon said that staff has talked about it but have not come to a concrete decision. It would go in the Covenant agreement if.we did require it. Barbara Bilow - Minnetrista neighbor - She granted an easement for access to the sewer line. Is her driveway going to be covered by this driveway? Gordon showed how it would not infringe on her property. Steve Homola (applicant) thought it would be okay. 403 Planning Commission Minutes January 5, 2004 Below indicated that her sanitary sewer backed up on Christmas Day. Will adding extra households make that worse? Osmek thought that considering the elevations it would probably be better. Brenda Breckheimer (6333 Alwin Circle) asked about setback of the private driveway. Would street assessments on that drive be assessed to Langdon Bay properties if it were a public street? Gordon indicated that it would not. Bill Hartman (applicant's representative) Said that the private drive option is an improvement from some of the options that were being considered originally. The · homes will be in excess of $350,000. That should have a positive effect on the other properties in the area. ~,~iiiiiiii:~;:;:. Mueller asked if he had any concerns about the 3-foot.~~::from the north property line for the driveway. Hartman said no. He has conta~!~d th'~!i~i~e, department regarding the design of the turnaround. Mueller asked if the~i~::re any di¢ii~i~,l~ies w th the proposed 30-foot setback. Hartman said it was~i¢~i;~'kab e,: Twent¢~i~e would be better but 30 works fine. He has been in contact witd!"i~'i(~e. Ci.:~iii~itorney regarding the agreement language. Osmek asked if they were"~i~iii~!i~'~ to go with the no parking regulation. Hartman said the fire depar~ie,~t, was W~i~:,bappy with the 20-foot roadway width and didn't indicate the need for pa:~:~i~:~i~iii~;~;~dcti~i~ii,,i::~ MOTION by Mueller, seconded..:~ii!?A~az, t'~ili~e~"~::~:~ COuncil approve the CUP with the provisos that the hard su~':::::~;~i~e be ~ii,:less than 3 feet from the north property line, parking provisions be~s~i~ifical:l~ili~D;Bro~d by the fire department on portion west of the east line of lot B, ma'i:~ae;e~' agreement as approved by C ty Attorney, roadway design in accordance ~i:th th~i~:~:i;~ii~!~"0/03 m~'~o from Loren Gordon, that lots be considered confor~iii~ii~i~i~:~i~ °:~;iiiiiilbe Conditional Use Perm t tak ng away the requirement of 6~Ot stre~i?~i~ent~'~; and hammerhead design and easement be as outlined on the ~,ey of 12/2~03 MOTION cart ed unan mously. MOTION by Mueller"::"~i~ndiii:~ Ayaz, to recommend Council approve the subdivision with requirements outlir~:~i~r private utilities, crossing sewer easements, setbacks from the hard surface not less than 30 feet for a primary residence and/or attachments, front tot lines be those abutting the private roadway, all drainage and grading be reviewed by the City Engineer to not negatively impact abutting property owners, sewer and access charges as outlined under the recommendations. MOTION approved unanimously. Discussion ensued regarding the need (or not) of a variance for the lack of frontage on a public street. Mueller thought it wouldn't be needed since we were getting a Conditional Use Permit for the property. It removes the need for a variance. MOTION by Mueller, second by Schwingler, to recommend Council approve the variance according to staff recommendation. MOTION carried. Voting for: Osmek, Ayaz, Hasse, Michael, Schwingler, and Mueller. Voting against: Glister. 4O4 Planning Commission Minutes January 5, 2004 ADDED ITEM Chair Michael introduced some photos of 1754 Jones Lane. He felt that the Commission, including himself, could not have understood the bulk that this addition added. 'The home does not fit this neighborhood. It was determined jointly that the Commission needs to keep in mind the give and take they can require when granting variances, such as reducing bulk in exchange for allowing the variance. Gordon added that, in the area that the variance covers, the height or other features could be limited in granting the approval. Another problem is that our code has 2-*~ stories or 35 feet restriction and no specific way of measuring height. Michael said that leaving one wall existing and building around it qualifies it tq,,¢~:a remodel and not new construction. It is one way around the issUes. Ayaz thoug~!!!~ii becomes a much bigger issUe because of the lakeshore. We need to have the ~i!ii~B¢cifically address sight restrictions and bulk requirements City Council Liaison Update - Street reconstr (i il?';Froject has been pared down. Comment was made about the "City ~"":!~i:,~,ii~,i on t~!?~i~erner of Cypress and Shoreline. A directional arrow needs to be added. January & February Meeting~ ~s no second meeting in January or February planned. Amendment to MCWD regarding the requirements. Th( major approw discussion and Iion on h~ Smith distributed a proposed resolution ~hed t°' require an increase in the minimum buffer buffer requirements would be triggered when a 4ution will be on the City Council Agenda for to proceed. Muelter recalled that them. that, if they do make changes, we wouldn't go along with Gordon said that they are going to establish next generation plans that will affect us. ADJOURNMENT MOTION by Hasse to adjourn. Seconded and carried by affirmation at 9:30 p.m. Chair Geoff Michael Attest, Planning Secretary 405 Miflnehaha Creek Watershed District VOL. 1, ISSUE 4 WINTER 2003 Information for professionals working with water issues. Featuring: · MCWD's Hydraulic/Hydraulic and Pollutant-Loading Model [ GROUND-BREAKING HYDROLOGIC / HYDRAULIC AND POLLUTANT LOADING STUDY HIGHLIGHTS WATERSHED RESEARCH, MODELING AND EDUCATION After three-plus years of intensive work, the Hydrau- lic/ Hydraulic and Pollutant Loading Study(H &H) is )leted and available gratis to all cities, townships and other public agencies with the Mi~mehaha Creek Watershed District. The landmark study provides cost-effective and cutting-edge data and insights into water resources, management, hydrology, pollutant loading, hydraulics and land use plmming within the 12 subwatersheds for the next two decades. The H & H study will help the MCWD and its partner- ing public bodies better understand and plan for hu- man and natural effects on the wetlands, streams and lakes that make up the watershed, while also laying the framework for the district to im- plement performance-based rules. According to Eric Evenson, Admin- istrator of the MCWD, the study is a ground-breaking research tool that is timely and extremely important. "The sheer scope of the H & H study makes it a lead- ing strategic tool not only locally but nationally," Evenson notes. "The study will provide critical data new knowledge about water resources and land planning within all subwatersheds for cities and towns, other agencies, the MCWD board, staff and consultants. Plus it is a wonderful tool to use for public education and communications programs." The study developed an integrated model of the upper and lower watersheds and focused on 12 MCWD subwatersheds in order to understand the challenges facing the Mi~mehaha Creek watershed as a whole and within individual bioregions. "This is a dynanfic approach to water quality and quan- tity management," Evenson says. "And it recom- mends project solutions and parmering opportuni- ties in each subwatershed, which will prove to be a more cost-effective guideline for cities facing fi- nancial shortfalls in environmental areas." The study contains hydraulic, hydrologic and pol- lutant- loading models that simulate non-point and point-source pollution loading and runoff, flood profiles and pollution loading. The pollutant- loading models provide new data that establishes limits on harmful discharges fi'om the subwater- sheds of the district into area lakes, streams and wetlands. The project included two major components, "Technical Evaluation and Model Creation" and "Public Involvement." The technical evaluation and model creation coin- ponent of the project involved a Technical Advi- sory Committee (TAC) formed to develop model- ing programs, data needs and to analyze model out- puts. Representatives included individuals fi'om MPCA, DNR, MPRB, MnDOT, Army Corp of (continued on page two) 406 Page 2 Engineers, Met Council, several municipal engineers from MCWD cities, plus Three Rivers Park, Hennepin and Carver Counties, cities, townships and private consultants. Key elements of the technical evaluation and model creation component included: , Data collection: The voluminous data collected during the process includes: monitoring data, survey data, creek cross-sections, infrastructure location and elevations, precipitation data, groundwater data, 2000 digital orthophotography, contour elevations for the entire district (2-foot on creeks and 5-foot elsewhere), and land cover classifications. , Customized GIS: All the resulting data and modeling outputs have been integrated into a customized GIS. Based On existing conditions and projected 2020 land use conditions, the district will have a living resource for plmming, data management, mapping, performance-based rule making, and many other uses. Continuing input fi'om model users to MCWD staff will be downloaded into the models and re-routed back to cities for an always up-to-date model and for more cohesive and strategic water management and plan- ning. · Water Quantity Modeling: After consulting with the technical advisory co~sunittee (TAC) the XP- SWMM model, a public domain model developed by the EPA, was chosen to model water quantity in the various district creeks and waterways which could lead to recommendations for updating of floodplain ele- vations. · Water Quality Modeling: Similar to water quantity, efforts in this phase focused on the common char- acteristics of the upper and lower watersheds, with a final analysis of the overall watershed. Models used were HSPF and PLOAD for out-of-lake modeling and WiLMS for in-lake modeling. The Painter Creek subwatershed was used as the pilot project area to test the models before moving into other areas of the dis- trict. It was chosen because it drains to Jennings Bay, a high-priority interest for the MCWD board, which has previously collected a substantial amount of data in the Painter Creek subwatershed through a review by national scientists and engineers over the past two years. That expert panel laid the groundwork for devel- oping a method of predicting and limiting pollutant loads being transported to surface waters. · Groundwater Analysis' Using existing data and new monitoring where necessary, the smdy's ground water analysis helped create a tool to understand the interaction between surface waters and groundwater. One of these tools is a map that demonstrates infiltration potential in each subwatershed. ~,, ~[~ ~ ~ 4' ' ~ ,~ · The H & H study took more than three-years of development, research, execution and implementation, much of it involving the public and key advisory groups: Nine regional teams, each made up of 5-10 people, met 72 times with key stakeholders in the subwatersheds to ana- lyze data and set goals. (continued on page three) Region Three: Citizens Lee Keeley, Andy Walstead work with Gary Ober~s of EOR to designate problem areas within their subwatershed. 407 Page 3 ::Kegion One and Twoi Minneapolis, Richfield, Golden Valley, St. Louis Park, Edina, Hopkins, · :: .. Minnet0nka ' Region Three: Plym0utii:,' WayZiita, Woodland, Deephaven Region Four: Me'~ina;: Lo~ig 'L~ike, 0r0n0.. Region Five: TOnka Bay,.l~x'Celsi~r, GreenWood, Sh0rew0od Regiofl 'siX::M0Und,'~:Spiing Park', Iviinnetonka Beach ~ Regi6n Seven: victoria, Chahhassen, Laketown Township; Waconia Township Regi6n Eight: Watertown Township, Minnetrista, St. Bonifacius ;:Region:Nine Independence, Maple Plain A Public Advisory Committee (PAC) made up of municipal staff, elected officials and civic leaders was formed to act as a steering committee for overall public input. Over a period of a year- and- a- half and 90 meetings, close to 100 people participated. The H & H project was initially expected to provide four basic outcomes: ~ Hydrologic and hydraulic analysis of the entire watershed ~ Provide current technical data resources for floodplain mapping ~ Provide the basis for developing a pollutant load limit approach to water quality ~ Planning tool for watersheds, cities, and other water resource professionals But as the project progressed, it became clear that the potential uses of the resources being developed were greater than originally conceived. Some of the added benefits of the final study are: Local Government Use: 1. Strategic planning tool for development within the city 2. Floodplain issues/flood control program 3. Water quality planning 4. Resource for city projects 5. COE project Water Quali ,ty Pollutant-Loading Goai~ 1. Establish pollutant-loading limits for each basin 2. Redefine water quality goals for MCWD 3. Identify BMP's for water quality NPDES Phase II Permit: 1. ~ Provides the modeling necessary to satisfy permit requirements 2. BMP selection MCWD Third Generation Watershed Management Plan and City Water Resources Plans: 1. Identify and prioritize shordlong-tenrt projects 2. Resource for establishing district-wide goals 3. Better definition of hydrologic boundaries Rules Revisions: 1. Scientific basis for rules revisions Water Quantity--Flood PreventiOn: · ,Update flood elevations on Minnehaha and other major creeks Iaentify problem flooding areas and potential solutions to the problems 3. Resource for development in flood-prone areas 4. Technical basis to assist cities in flood map revision process (continued on page four) 4O8 Page 4 Permit/Regulatory Program: ' 1. Provide peak flow data and projected changes 2. Recommend BMP's based on site conditions 3. Identify areas to be avoided by development 4. Assist in wetland protection and restoration 5. Model creek impacts Education: 1. Website interactive mapping 2. Resource for secondary and higher education Hydrodata Monitoring Program: 1. Identify gaps in existing data 2. Make monitoring data more meaningful Quick Response to Public Inquiry: 1. "How high will the lake get?" Time and Money Savings 1. First steps for feasibility studies completed by modeling 2. Preliminary work for district projects Contact John Erdelen, MCWD Modeler, at jerdelen~minnehahacreek, org or 952-471-0590. The MCWD is ready to distribute the H & H Model to cities and townships and other public agencies in the district. Before release, a one-year license agreement needs to be completed (an extension may be granted for additional usage beyond the one-year period). If a city or township wants the model to be placed with their engineering consulting firm, a third-party agreement will need to be completed with the MCWD. An important aspect of all agreements is the request from cities for input and updating to the model when changes occur within the city. John Erdelen, the MCWD's modeler, will update the model at no cost and re-route it back to the municipality. 4O9 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, January 14, 2004 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Foster · 37th Annual "Save the Lake" Recognition Banquet Dinner,'2)1"'9/04 READING OF MINUTES- 12/10/03 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in one motion unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. PUBLIC HEARINGR · Thomas and Janet Tallakson, variance application from LMCD Code for dock length requirements, side setback requirements, and an adjusted dock use area on the soUth end of Carsons Bay. : , 1 ,~ PUbliC Hearing 2. Discussion and/or Consideration · Maple Hills Association, new multiple dock license and variance app!iqati0ns for nine Boat Storage Units (BSU's) on 435' of continuous shoreline on the south end' 6f c~on:§~'~a~. The pro.posed variance application is for variance from EMCD COde for dock je'hgti~~ ' requirements, side setback requirements, and an adjusted dock"use area.' 1. Public Hearing 2. Discussion and/or Consideration Miles Canning, variance application from LMCD Code forside setback requirements and an adjusted dock use area at21100 EXCelsior Blvd.'on St. A:lbanS BaY. 1. Public Hearing (Subject to complete survey work being submitted bY 1/7/04) 2. Discussion and/or Consideration' 1. WATER STRUCTURES A) (*) Bayview Event Center, staff recommends Board approval of $22.50 for B) overpayment of BSU's for approved 2004 Multiple Dock License apPliCation;' (*) 2004 Multiple Dock Licenses, staff'recommends Board approval of 2004 renewal without change applications as outlined in 1/8/04 staff memo; 410 C) HowaCds Point Marina, discussion:on whether there is a need to schedule a public hearing relating to their 2004 renewal without change application for multiple dock license, commercial dock, and launching ramp application; · D) Additional Business; 2. ADMINISTRATION A) 2004 LMCD Board Officers, discussion of recommendations from Nominating Committee; B) Lake Minnetonka Communications Com~!s_s_.ion.,__staff~update..-.o-~ r~ques, t ~ ...... . · t° have RegUlar LMCD Board of Director Meetings taped for cable television; C) Discussion of draft LMCD Personnel Policy; D) Additional Business;. 3. FINANCIAL A) Audit of vouchers (12/16/03 - 12/31/03) and (1/1/04 - 1/15/04); B) (*) November financial summary and balance sheet C) Additior~al Business; · EwMiExOT'iCS TASK FORCE A) Minutes and Report from the 11/14/03 EWM/Exotics Task Force ·Meeting (handout); B) Additional Business; Ai" c°n~ii?rationof 2003 Hennepin County SherifFs Office Water Patrol outstanding Special Deputy award candidates; B) Additional Business; 6. LAKE USE&RECREATION A) Chair update of ~!2/18/03 Lake Minnetonka Boat Density Sub,Committee Meeting; B) Additional Business; 7. EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS' 9. NEW BUSINESS 10. ADJOURNMENT 411 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, December 10, 2003 Tonka Bay City Hall DRAFT CALL TO ORDER Foster called the meeting to order at 7:05 p.m. ROLL CALL Members present: Bert Foster, Deephaven; Lili McMillan, Orono; Tom Skramstad, shorewood; Bob Ambrose, Wayzata; Doug Babcock, Tonka Bay; Paul Knudsen, Minnetrista; Pete Nelson, VictOria; Tom Scanlon, Spring Park; Tom Seuntjens, Minnetonka Beach; Jose Valdesuso, Excelsior; Katy Van Hercke, Minnetonka. Aisc present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: Orv Burma, Mound; Miles Canning, Greenwood; Herb Suerth, Woodlandl Skramstad arrived at 7:10 p.m. CHAIR ANNOUNCEMENTS, Chair Foster Foster stated that the City of Spring Park had recently appointed a new Board member to the District. He welcomed Tom Scanlon on behalf of the Board and asked LeFevere to adminiSter"the oath bf'office. LeFevere administered the oath of office to Tom Scanlon. He was seated as representative for the City of Spring Park. Foster stated that.he.had discussed .the January Regular Board Meeting schedule with' Nybeck. Based on this discussion, he recommended that a RegUlar Board Meeting be scheduled for' 1/14/04 and 'that a Board Planning/ Workshop .Session be scheduled for 1/28/04 rather than conducting a Regular B0a¢d Meeting. if theBoard did not object to this recommendation, he stated that he would direct Staff to proceed accordingly. The Board discussed the recommendation of Foster'and the con sensQs was td make a decision at the 1/14/04 Regular Board Meeting on whether to conduct a RegUlar Board Meeting or a B0a~'d Workshop/Planning Session o n 1/28/04. READING OF MINUTES. 1.1/12/03 LMCD Regular Board Meeting MOTION: Seunt?ns moved, Nelson seconded to approve minutes from the 11/12/03 Regular Board Meeting as submitted. Seuntjens quest oned the accuracy of the third sentence under "Old Business" on page 13. He recalled that Craig Nelson and Van Hercke left just prior to the Executive Session and that the minutes should be ch anged to reflect this. He recommended this as a friendly amendment. Nelson agreed to this friendly amendment. VOTE: Ayes (9), Abstained (1, Valdesuso); motion carried. 412 Lake Minnetonka Conservation District Regular Board Meeting December 10, 2003 Page2 PUBLIC COMMENTS. Persons in attendance, subjects not on the agenda. There were no comments from the public on subjects not on the agenda. CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in one motion unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. Babcock moved, McMillan seconded to approve the consent agenda as submitted. Motion carded unanimS'USly. Items so approved include: lB, Richard Athmann and Robyn Kern, staff recommends Board approval of partial refund of the denied variance application at 1701 Baywood Lane as outlined in the 12/3t03 staff memo; 2A, Hennepin County Shedffs Office Water Patrol Significant Activity Report; 3B, October finanCial summary and balance sheet; and 5A, Minutes from the 10/29/03 "Save the Lake" Advisory Committee Meeting. WATER STRUCTURES A~ Bayview Event Center, consideration of draft Findings of Fact and Order for approval of new multiple dock license and variance applications to increase the length of transient Boat Storage Units (BSU's) 1-8. Foster stated that there was a copy'of draft Findings of Fact in the packet for approval of the proposed applications and a letter from LeFevere, dated 12/4/03, addressing shoreline calculations at Bayview Event Center and Tonka Bay Sales. He entertained a motion or feedback fromm:the BOard oh this agenda item. Seuntjens stated that he agreed with the'contents of the information in the LeFevere letter; however, the northern most dock at the Bayview Event site appears to cross over the side site line extension. He asked for clarification of th s ' Babcock stated that although it appears that this Bayview Event Center dock crosses the extended side site ,line it actually.does not because an adjusted dock use area variance was grarited for Tdnka Bay sales, becausetbe side site line extension diverges in frdnt of that facilitY. He addbd that based on the leFe~el:e mem~ii~he Was satisfied that the. Hennep n O0unty Ra Authority site was no'~ be ng double ' counted by Bayview Event Center and Tonka Bay Sales. Harper stated that the site plan attached to the draft Findings did not accurately reflect the reduction in the length .of the finger between BSU's 7 and 8 from 31' to 25'. He recommended that any Board approval of the Findings should include the need for the applicant to update the survey to properly reflect thi~:. MOTION: Seuntjens moved, Babcock seconded to approve the Bayview Event Center' I~indingS:of Fact and Order for approval of new multiple dock license and variance applications to increase the length oftransient BSU's 1-8, subject to the applicant submitting an' updated surVey reflecting the reduction in the length of the finger between BSU's 7 and 8 from 31' to 25'. Babcock stated that three variances have been approved at the BayView Event Center and a reference to these variances has not been included in the draft Findings. AlthOugh' a variance apPlication has not been proposed at this time, he suggested that a condition should be added to the draft Findings that references them so that all the approvals at this facility are referenced to in one document. He proposed this as a friendly amendment. Seuntjens agreed to this. 413 Lake Minnetonka Conservation District Regular Board. Meeting December 10, 2003 ~ Page 3 VOTE: Motion carried unanimously Ambrose arrived at 7:23 p.m. C. Additional BuSiness. There was no additional business. LAKE USE & RECREATION B. Hennepin County Environmental Services, discussion of the buoy system on Lake Minnetonka with Tony Brough. Foster stated that Tony Brough was unable to attend this meeting and that he would like to reschedule in January. He asked for further background on this agenda item from Nybeck. Nybeck stated that Brough was unable to attend this meeting because of a conflict and that he passed on his apologies. Brough will be able to attend the 1/28/04 Regular Board Meeting and he asked what topics the Board would like him to prepare for to present. The Board discussed possible topics that they would like Brough to discuss in January. Some of these included: 1) a general overview of the buOy system on Lake Minnetonka with recommended changes for 2004, 2) a general overview of Hennepin County projects on Lake Minnetonka, 3) the depth required for placement of point buoys on Lake Minnetonka, 4) the needs of Hennepin County for the improved public access and channel signage project planned for 2004, and 5) feedback from Hennepin County on the pilot solar-light project conducted on Lake Minnetonka in 2002 and 2003. Foster stated that he would direct staff to communicate these topics for discussion to Brough and that this discussion would be scheduled for 1/28104, whether it is a Regular Board Meeting or a Board Planning/Workshop Session. C, Discussion of draft Request for Proposal (RFP) for 2004 Lake Minnetonka Boat Density and User Attitude Surveys. Foster stated that he had recently met with Nybeck and two representatives from the MN DNR to discuss survey'questions for the 2004 Lake Minnetonka Boat Density and User Attitude Surveys. Nybeck has previously met with these MN DNR representatives to discuss the RFP for this project and he asked for feedback from Nybeck. Nybeck reminded the Board that this Management Plan project is planned for every fourth year, with the last project conducted in 2000. Funds have been collected from the 14 member cities annually and set aside in a reserve account for this project. The total cost for this project in 2004 is planned for $50,000, with 50 Percent of the costs paid by the District and the remaining 50 percent of costs paid by the MN' DNR. In the 2004 District budget adopted this past june, the total project cost was estimated at $40,000 because the MN DNR was able to only commit to $12,500 at that time. The proposed project in the RFP has been increased to $50,000 because the MN DNR has located an additional $12,500 since adoption of the 2004 District budget for this project. If there are any shortfalls of District funds for this project in 2004, he believed that the Board coUld address this in the upcoming 2005 budget cycle. 414 Lake Minnetonka Conservation District Regular Board Meeting December 10, 2003 Page 4 FoSter stated that the surveys associated with the 2004 project would be modified to identify both the municipality and zip code for those boats that use the lake rather than just the zip code as done in the past, He added that the MN DNR was changing the methodology of collecting survey work in 2004, especially at commercial marinas, with handout surveys for slip customers that can be mailed back in. In the past, this survey work was much more labor intensive and obtrusive for slip customers because it involved personal interviews. The MN DNR has conducted survey work on similar projects on other bodies of water in the State of Minnesota utilizing this new methodolgy, with an estimated response of 50 percent of the surveys handed out. Van Hemke stated that she was pleased this survey work would better define the demographics of the boaters using Lake Minnetonka, especially with the Boat Density Sub-Committee that has been established. Pete Nelson stated that he would like a better understanding from a practical standpoint how the District has used information collected from past surveys to make policy changes. He suggested that it might be helpful for the Board to make a determination on what types of information the District would like and then work this into the questions. He stated that he would like to require the contractor to determine the number of active boats in the worst case scenario during a peak pedod, adding that the RFP should be amended to require a flyover on July 4th. Babcock stated that the MN DNR does periodically produce a Report that summarizes trends from a metropolitan standpoint that includes the results of the Lake Minnetonka Boat Density and Attitude Surveys. in the past, the user attitude surveys had a place for write-in comments but the contractor for the 2000 project did not include this in the final Report. He suggestedthat this should be added to the RFP for 2004, as well as requiring the contractor to provide the Report in electronic pdf form under task #6 under "Project Tasks". Van Hercke asked who would receive the RFP for 2004 project. Nybeck stated that the RFP would be sent to companies awarded the contract for this project in the past and a list of contractors that the MN DNR has worked with on similar projects, Several Board members expressed an interest in reviewing the questions to be included in the 2004 surveys, with a possible discussion at an upcoming Regular Board Meeting. There was feedback that reviewing the questions in themselves was not problematic; however, changing the questions radically could pose a problem because it might make it difficult to compare trends With past projects. Foster encouraged Board members who would like a copy of past Reports for this project to contact the office and stated that he would extend an invitation to Tim Kelly from the MN DNR to address the questions to be asked in the 2004 Lake Minnetonka Boat Density and User Attitude Surveys. D. Chair update of 11/21/03 Lake Minnetonka Boat Density Sub:Committee. Foster stated that a Lake Minnetonka Boat Density Sub-Committee meeting was held in the District office on 11/21/03 at 8:00 a.m. A copy of the Report that summarizes this meeting was included in the packet for informational purposes. Future sub-committee meetings are scheduled for the third Thursday of each month, with the next one scheduled for 12/18/03 at 8:00 a.m. in the District office. Based on the 415 Lake Minnetonka Conservation District Regular Board Meeting December 10, 2003 Page 5 discussion at the 11/21/03 meeting, staff has prepared a detailed analysis of Lake Minnetonka as it currently stands utilizing the 1974 Boat Density Policy Statement. Additionally, he stated that he had asked Tim Kelly and Klm Elverum from the MN DNR to participate in these sub-committee meetings because of their professional'expertise. He asked for questions or comments. Seuntjens questioned whether the two Deephaven residents that attended the 11/21/03 meeting were part of the sub-committee. Foster stated that they were interested parties but not part of the sub-committee. Skramstad asked if a conclusion date had been established for the sub-committee to make recommendations to the Board. Nybeck stated that the sub-committee had not established a conclusion date; however, it could be at least six months. He believed that the future sub-committee meetings would be comparing and contrasting the 1974 policy with the "Lake Use and Recreation" chapter of the Management Plan on a section by section basis. Skramstad stated that he would like the sub-committee to continue to have regularly scheduled meetings to conclude its work sometime in the near future. FOSter Pointed out that he believed the possible recommendatiOns of the Boat Density sub,committee, whether in the majority or minority, may need to reviewed entirely at the Board laveI because there may not be consensus by the Board on these recommendations Seuntjens questioned why some members of the public were part of the sub.committee and others were not. He suggested that the Board should further clarify what members of the sub-committee should included, The Board discussed this and the general consensus was that the Lake Minnetonka Boat Density Sub- Committee was established as a sub-committee of the B°ardof Direct°rs, not a Task Force. The general consensus was that discussion at sub-committee meetings should I m ted to the Board of Directors, althOUgh the g ehbral PU.~liC lis welCOme to attend these r~iings Board ~em.berS Who agreed to serve on the sdb-~mmittee inCluded BabCock, FoSter, and van Hercke, An !nvitation'Should be extended to Canning because he had attended a SUb-committee meeting last spdng. If the sub-committee would like professional expertise, the consensus of the Board was that these parties could, be interview(~d.by the sub-committee, The pdmary work for the sub-committee to focus on was to compare the 1974 Boat Density Policy Statement with the "Lake Use and Recreation Management" chapter of the Management Plan to verify its continued viability. The Board determined that the' work of the sub-committee was a work in progress and that there should be periodic updates to the Board. Nybeck was directed to work with Babcock on clarifying the working papers for this ch,apter of the Management Plan to be forwarded to the. Board of Directors. ~0ard me~:b~i~ who are: not active in the sub-committee were encouraged to review these documents and forward their comments to staff so that the sub,committee could review their comments. Foster stated that he appreciated the direction from the Board clarifying the purpose of the sub-committee and that the Sub-committee would proceed accordingly. 416 Lake Minnetonka Conservation District Regular Board Meeting December 10, 2003 page6 E. Additional Business. There was no additional business. FINANCIAL A, Audit of vouchers (11/16/03- 11/30/03) and (12/1/03-12/15/03). Skramstad reviewed the audit of vouchers for the periods of 11/16/03 - 11/30/03 and 12/1/03 - 12/15/03, noting that check number 14872 to Men'ill Lynch in the amOunt of $45,000 should be added.~p them. MOTION: Skramstad moved, McMillan seconded to approve the audit of vouchers as amended, adding check number 14872 to Merrill Lynch in the amount of $45,000. VOTE: MOtion carded unanimously. C. Additional BUSiness. There was no additional business. ADMINISTRATION A. Chair update of the 11/12J03 Executive Session to discuss the performance of Executive D rector, GrOg Nybeck. Foster recommended that this agenda item be moved to the end of the Regular Board Meeting under "New Business". If the Board did not object to this recommendation, he stated that he would proceed accordingly: Th~ere were no objections, B. Discussion of draft LMCD Personnel Policy. C, Foster asked forbackgmund 0n this agenda item.,. Nybeck Stated that a copy draft LMcD PersOnnel po cy was in the handout fo ders for informationa purposes:. H~,ed~Oarag~d Bo~d~:~embei:s !° revewt a~d ca hm wit~'qu~st.0ns'because twou d be s~hedijled a§an agenda item at the 1/i4/04 RegUlar Board Meeting. Additional Bu~ifi~SS. There Was ne additionai.b'd~'iness. SAVE THE' LAKE B: 'Report from 'the 10129103 "Save the Lake'' Advisory Comm.tree Meeting Foster asked for an update on this agenda item from McMillan, McMillan stated that the 10/29/03 Advisory Committee Meeting was a year-ending meeting for 2003, adding that shehad a couPle of discussion items for the Board. One discussion item was for the Board to discuss some possible changes to the 2004 "solar'-Iight" project based'on the 2002 and 2003 projects. In 2002, the solar lights purchased did not flash and were fully contained in one piece. In 2003, the one-mile 417 Lake Minnetonka Conservation District Regular Board Meeting December 10, 2003 Page 7 solar lights were purchased from the company that Hennepin County purchases its buoys from. There were some problems associated with these solar lights because they were not fully enclosed and they did not hold up as well as the 2002 solar lights. In 2003, there were two bracket Prototypes prepared to attach the solar lights to the red and green naVigational buoys. First, there was a prototype that fit over the eye hook to allow the solar lights to be placed on the navigational buoys when they were in the water. One problem associated with this bracket was that it did not sit flush on the top of the buoy and it tended to move side to side. Second, there was a prototype not used in 2003 that would sit more flush on the top of the red and green navigational buoys. The Advisory Committee discussed the solar, liglit :project for 2004 and the consensus was that there was a need to get a more durable light. Additionally, the Advisory Committee believed that there was a need to improve the bracket to attach the solar lights flush on the top of the navigational buoys prior to placing the buoys in the water. She recognized that this recommendation would require Hennepin County agreeing to do this and that the contractor putting the buoys in next spring would need to have this coordinated with them. She asked for questions or feedback from the Board on this. The Board discussed the following relating to this: · The durability of the solar lights in 2002 compared to 2003. · The problems associated with boaters being able to see the one,mile solar lights used in 2002 and 2003. · The costs associated with one-mile solar lights, approximately $150, compared to two-mile solar lights, approx mate y $300. There was an interest expressed by some'Board members to place two-mile solar lights in high traffic areas, such as the Arcola area,~ during the 2004 boating season. · If two-mile solar lights are purchased in 2004 for the future, there will be a need to design a new bracket to ensure that the buoy itself does not fall over. · Existing technology for solar lights compared to other possible technologies used on federal waterways by the Coast Guard and the need for staff to check further into this. MOTION: Babcock moved, Van Hercke seconded to authorize the purchase of eight Pairs of Solar lights, with the appropriate brackets, possibly for the Arcola area in the 2004 boating season from 2003 "Savethe Lake" funds. VOTE: Motion carried Unanimously. McMillan stated that she had two additional topics that she would like to bring to the Boards attention. First~ it appears that the two add t ona deputies would be fully funded in 2004~b'y HennePin CoUnty. Because of this, she stated .that there could be some additional funds aVailable in 2004 from "Save the Lake" for the zebra mussel project. Second, planning for the annual "Save the Lake" Banquet Dinner in February has begun. She indicated that she had a speaker in mind; however, he wOuld'not be able to attend the Banquet Dinner in February. Further discussions with this speaker indicated that his presentation that evening would be a bio history tour of the lake and that it might be more appropriate to conduct this on the lake, possibly in late May, from a charter boat. She questioned whether Board members would have. an interest in moving the annual Banquet Dinner from February to late MaY. The Board discussed this and the consensus of the Board was to continue to hold the annual Banquet Dinner on 2/19/04. A number of Board members stated that they would not be opposed to having a second gathering in late May to conduct the bio history tour from a charter boat. The Board discussed the venues for the location of the annual "Save the Lake" Banquet Dinner and McMillan was directed to work 418 Lake Minnetonka Conservation District Regular Board Meeting December 10, 2003 Page 8 With Nybeck on other possible venues besides Lord Fletchers of the Lake because of the limited space of the room, One possible guest speaker for the annual Banquet Dinner was Leo Meloche. C. Additional Business. There was no additional business. 6. EWM/EXOTICS TASK FORCE There was no discussion. 7. EXECUTIVE DIRECTOR Nybeck stated that he had two items to discuss with the Board. First, an updated BOard Roster was included in the packet and a spreadsheet that summarized 2003 multiple dock license information was included in the handout folders. Second, a phone call was recently received from the Lake Minnetonka Cable Commission regarding the possibility of taping Regular Board Meetings for local cable television. The Board discussed this a few months and there was no general conSensuS at that time, although some Board members expressed some interest. He questioned whether the Board would like him to further check into this at this time. The Board discussed this and the consensuS Was for Nybeck to fUrther Check into this and report back on it at the 1/14/04 Regular Board Meeting. ~ OLD BUSINESS There was no old business. NEW BUSINESS Seuntjens stated that the nominating committee for 2004 Board Officers was prepared to make its recommendations and he requested that it be placed on the agenda for the 1/14/04 Regular Board Meeting, Foster stated that this would be placed on the agenda at the 1/14/04 Regular Board Meeting. MOTION: Foster moved,, Knudsen seconded to go into Executive SessiOn at 9:25 P.m. to cOnduct a performance for the Executive Director, Greg Nybeck, as allowed by the Open Meeting Law. VOTE: Motion carried unanimously. The Board re-convened the meeting at 9:36 p.m. MOTION: Skramstad moved, Valdesuso seconded to aPprove a $3,000 adjustment the annual salary of Executive Director Greg Nybeck from $55,620 to $58,620, retroactive to 11/1/03. VOTE: Motion carried unanimously, 419 Lake Minnetonka Conservation District Regular Board Meeting December 10, 2003 10. ADJOURNMENT There being no further business, the meeting was adjourned at 9:37 p.m. Page 9 Albert O. Foster, Chair Lili McMillan, Secretary 420 Page 1 of 2 Kandis Hanson From: "Barbara Olson" <olsonb@westonka.k12.mn.us> Sent: Monday, January 12, 2004 2:09 PM Subject: Westonka.news Westonka.news January 12, 2004 Westonka.news is a series of occasional notes from Superintendent Gene Zulk. As in prior years, Westonka.news subscribers will also be informed of breaking news related to the Westonka Public Schools. To unsubscribe, see instructions at end of this message. 1. Happy New Year to all! I wish you and your families a happy and healthy 2004. 2. State testing is upon us. The standardized testing culture poses some challenges, but I find it exciting, too. As competitive as I am, I want to see Westonka students shine in statewide testing results. Every year is different, and every year we learn more about how to refine our curriculum to better match what the state says children must know--and achieve--on state tests. The brand new 7th grade Minnesota Comprehensive Assessments (MCA) in math and reading begin this week (January 13 and 14). Testing continues later in January and early February with the 8th and 10th Basic Skills tests. Then, in March our 3rd,5th 10th and 1 lth grade students will take MCA tests in math, reading, and/or writing. I'm proud of Westonka students, staff, and parents for taking these tests seriously and doing their best to make sure students are prepared. Parents, watch your mail for communication about these tests and what you can do at home to help your student do his or her best. 3. Governor Tim Pawlenty has set aside January 20-23 to recognize Minnesota's education paraprofessionals. I have tremendous respect and gratitude for our Westonka paraprofessional staff. They are the employees who work alongside classroom teachers to provide support for students with special needs, as well as those who need a little extra help in math and/or reading. I know our student achievement results have improved because of the work of these dedicated staff. If you know any Westonka Schools paraprofessionals, please take a moment to thank them for their wonderful work. 4. Westonka co-curriculurs continue to be a district strength. Before the winter break, our music and drama programs across the district reminded us again of why they are a real cornerstone in our district. >From the MWHS fall play, the Shirley Hills Operetta, to all the 421 1/12/2004 Page 2 of 2 winter~holiday concerts at each grade/eve/and building, Westonka students simply dazzled their parents and neighbors. Our winter sports teams are also all very busy and doing well. A special mention should go out to our girls basketball team on winning the Orono Holiday Tournament (beating both Orono and Minnetonka). This past weekend, we also one of the best wrestling tournaments in the state (Vern Gagne Tournament) and finished second. If you get the chance to get out and see a winter event, please take the time to do so; your kids and advisors/coaches notice and appreciate your support. 5. We're working on the 2004-2005 school year calendar, and we plan to make a recommendation to the board in March or April. Because of the lateness of Labor Day, we're planning to start school before Labor Day on Wednesday, September 1. 6. I continue to be proud of Westonka students, staff, and community, and I look forward to coming to work every single day. I say this every time I get the chance and I sincerely believe it: you simply can't find better people to work with than Westonka students, staff, and parents. My best to all of you as we finish this first semester and dive into the second. 7. As always, I invite you to let me know how we're doing. Sincerely, Gene Zulk Superintendent Westonka Public Schools 952-491-8001 To unsubscribe from this list, please send a message to Barbara Olson at Westonka.news is published by the Westonka Public Schools Community Relations Department. The information contained in this message is given in good faith based on available information. According to the State of Minnesota, the subscriber list for this newsletter is public data. 422 1/12/2004 COUNCIL BRIEFING January 27, 2004 Upcoming Events Schedule: Don't Forget!! Jan 26 - 6:30 - Commissioner's Recognition Event - VFW Jan 27 - 7:10 - HRA regular meeting Jan 27 - 7:30 - CC regular meeting Jan 29 - 7:00 - HRA special meeting Feb 10 - 6:30 - HRA regular meeting Feb 10 - 7:30 - CC regular meeting Feb 12 - 7:30 - Park Commission interviews Feb 24 - 6:30 - HRA regular meeting Feb 24 - 7:30 - CC regular meeting Feb 28 - 6:00 - Chamber of Commerce Mid-Winter Ball Apr 1 - 6:30-9:00 - Harbor Wine and Spirits Wine Tasting Benefit for Public Safety Upcoming Absences Jan 29-Feb 1 Jan 31-Feb 8 Mar 2-13 Bob Brown Kandis Hanson Pat Meisel Vacation City Hall Closed Feb 16 President' s Day Public Safety Building The PS Project Team continues to work with SEH and Amcon to finalize the remaining details on the building. Some need immediate attention, with other details to be completed in spring. We also hold a retainage that guarantees the work and systems through the first year of occupancy. Look forward to the building continuing to take shape over the coming year. Personnel Brian Berendt was added to the Parks and Docks divisions, going from a temporary status, to full-time regular status, through the 2004 budget process. He has worked for the City for two years previous, and is also a member of Mound Fire Department. Nick Schwalbe, a long-term member of the Police Reserve, is getting a degree in policing and is now doing an internship with the department. The internship replaces the hiring of the 13th officer through May 2004, saving on wages and benefits. Brian and Nick are both Mound residents. The Public Works and Sergeant's units are now both in mediation. Dates are set way out in Feb and March. There seemed no need to meet on this again, knowing your persuasion applies to all units. And now~ for the next big event at the City of Mound---see page two! Printing of tickets and promotions will take place in the next two weeks. Have a great weekend .....Kand~ A~)U~J£I~J~ ..... HARBOR ~INE AND SPIRIT5 GALA WINE T~STING '~ENE~T & M ou~d, Fbre Depc~2~t ~~, Apr'~:l 1, 2004. 6:30~9:00 2 ~ 90 ¢~~rc~ l~~vard F~t~c~ ove¢ ZOO w~fro~e ar~ t~e wockl, oe~vre~ ~ ~ ~u~u. All wb~e~ tau~t~ are at HWS at a ~~I pr~cefor ~ w~ ~t~ t~e ~~. T~are $25.ooper p~n. T~ m~y bep~~at Harbor Wb~e & Sp~ts at Mou~d Mar~pla~e (472-0648) or Ho. tona;I Cb~-y H~tl, l (4 72 -0601) at 5 34 Z Mayw~ R~ 5341 MAYWOOD ROAD MOUND, MN 55364-1687 CITY OF MOUND PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com January 27, 2004 Mayor and Council Members: Please accept this amended resolution for tonight's consent agenda, which does not indicate an eating establishment for the employee appreciation. It is my understanding that pizza does not fit the diets of the New Year's dieters. I am asking that you approve the amended agenda and Department Heads will pick another location that will allow employees to choose from a menu. We should avoid mentioning names of establishments in the meeting, if possible. Also attached is the statute that allows cities to take gifts by resolution. Thank you, Kandis Hans~,z/--,~/ City Manager~//4 printed on recycled paper CITY OF MOUND RESOLUTION NO. 04, :' RESOLUTION ACCEPTING DONATION WHEREAS, certain City employees were, during the 2003 Holiday Season, giCted anonymously a total of $640; and : WHEREAS, it has been determined that it would be unlawful for employees, who work as agents of the City, to accept this gift; and WHEREAS, a notice was posted in the official newspaper of the City, asking the person gifting the money to re-direct the funds to a suitable end and no one came forward to do so; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the $640 gift will be dedicated to benefiting all City employees through an employee appreciation event, a date to be determined. Adopted by the City Council this 27th day of January, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 344 Minnesota Statutes Display Document 399 of 483 Minnesota Statutes 2003 Display Document 399 of 483 Page 1 of 1 Chapter Title: RIGHTS, POWERS AND DUTIES; MUNICIPALITIES Section: 465.03 Text: [] 465.03 Gifts to municipalities. Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the governing body adopted by a two-thirds majority of its members, expressing such terms in full. HIST: (1830) RL s 767; 1913 c 319 s 1; 1949 c 294 s 1; 1973 c 123 art 5 s 7 http://www.revisor, leg.state.mn.us: 8181/SEARCH/BASIS/mnstat/public/www/DDW?W%3DTEXT+PH... 1/27/2004 WHEREAS, the proposed home sites on Parcels A and 13 show a typical building pad and should be considered speculative as no detailed building plans are provided. The building pads do demonstrate how a typical home could be sited. 13oth parcels are shown with basement floor elevations that would provide the opportunity for walkout basements. Lot width is sufficient to accommodate 3 stall garages as shown on the plans. Grading activity is limited to areas along the private drive and proposed home pads on Parcels A and B. Some activity on Parcel C associated with the private drive would also occur; and WHEREAS, the Planning Commission reviewed the application at its January 5, 2004 meeting recommending approval of the minor subdivision, conditional use permit and variance requests consistent with the conditions noted in the December 30, 2003 Planning Report and the December 30, 2003 Memorandum from the Public Works Director. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby: Approve the minor subdivision as requested by the applicant with the following conditions: 1. Final grading and drainage plans must be approved by the City Engineer at time of building permit application. 2. Proposed homes shall maintain a 30 feet minimum setback from that portion of the common driveway located on Parcels A and 13. 3. Installation of private water and sanitary sewer services must be completed prior to release of building permit 5. Payment of the following utility fees: Sanitary Watermain City Water City Sewer MCES Sewer Area Area Connection Connection Sanitary Sewer Trunk Trunk Access Charge Parcel A $1500 $1500 $240 $240 $1350 Parcel B $1500 $1500 $240 $240 $1350 Parcel C $1500 $240 Park dedication fees for 2 additional parcels be paid prior to release of the plat for recording in the amount of $1100.00 each for Parcels A and B. Jan ~8 04 04:05~ RY~ LAND DEVELOPMENT SEFmVICES January 26, 2004 Ms. Sarah Smith Community Development Director City of Mound 5341 Maywood Road MouRd, MN 55364 Re: Steve Homola Property EMGIMEERIMG 952380S010 p.1 434 Lake Street ExceL~t~, MN 55331 Tel 952-380-5000 Fa~ 952-380-5010 ww~.~yanenginccring, corn Dear Ms. Smith: At the request of the City, please accept the following as our tabulation of PROBABLE CONSTRUCTION COSTS for the above mforenc~i project Sanitary Sewer maJnl, ine &scrvices Watermai~a & services Shared Drive $ 8,700 $ 6,700 $ 7,7O0 If you have any other questions, pl~se feel free to contact our officc at 952-380-5000. Sincerely, Cc: Mr. Bill Hartman - Faxed to 952-471-7427 1/2 7/04 DECLARATION OF ROADWAY,WATERMAIN AND SANITARY SEWER EASEMENT AND DECLARATION OF COVENANTS FOR MAINTENANCE OF ROADWAY, WATER AND SANITARY SEWER MAINS This Declaration is dated as of the day of ,2004. WHEREAS, Steve Homola, a is, Grantor and Fee Owner of Parcel A, Parcel B and Parcel C (collectively the "Parcels") as described in the attached Exhibit A, and WHEREAS, Steve Homola, foregoing Grantor and Fee Owner now desires to create a non- exclusive roadway easement for roadway, ingress and egress, purposes over and across a portion of Parcel A and Parcel B (hereof for the benefit of Parcel A, Parcel B and Parcel C), which shall run with the land which comprises the Parcels, and WHEREAS, Steve Homola, foregoing Grantor and Fee Owner further desires to create a plan for the maintenance, alteration, repairing, and reconstruction of the said roadway, water lines contained therein, and the sewer lines serving the Parcels described herein; NOW, THEREFORE, the undersigned Fee Owner does, by this Declaration, for himself, his heirs, successors and assigns, hereby grants and creates a non-exclusive easement for roadway, ingress and egress, watermain, and the following easement for sanitary sewer purposes over and across Parcel A, Parcel B, and Parcel C. A. PRIVATE ROADWAY AND WATERMAIN EASEMENT The easement is located and described as follows: A non-exclusive 30.00 foot easement for roadway, ingress and egress, and watermain purposes over and across northerly 30.00 feet of Parcel A and Parcel B, and [portion of Parcel C that needs to be decribed per plan sheet P-3] for the benefit of the Parcels, which shall run with the land which comprises the Parcels. The easement is created for mutual benefit of the Parcels. B. SANITARY SEWER LINE EASEMENT The easement is located and described as follows: That part of Government Lot 4, Section 23, T 117, Range 24 Hennepin County, Minnesota, lying northwesterly of the northwesterly right of way line of Burlington Northern Railroad described as follows: Commencing at the Northwest corner of said Government Lot 4; thence South 01 degrees 19 minutes 59 seconds East, a distance of 289.69 feet to the point of beginning; thence North 68 degrees 28 minutes 57 seconds East a distance of 324.38 feet; thence South 21 degrees 31 minutes 03 seconds a distance of 30.00 feet more or less, to the North line of Burlington Northern right of way, thence South 68 degrees 28 minutes 57 seconds a distance of 334.81 feet; thence North 01 degrees 19 minutes 59 seconds a distance of 31.92 feet to the point of beginning. i'BD-243056v3 MU22('~-5 FURTHERMORE, the Grantor and Fee Owner for himself, his heirs, successors and assigns hereby covenants and agrees as follows: C. ROADWAY AND WATER MAIN AND SANITARY SEWER MAINTENANCF AGREEMENT The Owner hereby covenants, and each future Owner of any Parcel by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be and hereby is deemed to covenant and agree to maintain the roadway, water main and sanitary sewer service as follows: That the Owners hereby assume and agree to pay equal shares per lot (1/3rd each) of the costs of maintaining, repairing and replacing, if necessary, the Roadway and the watermain and sanitary sewer service over said easements described in good working order. Owners shall prior consent and agree in writing before the commencement of any repair. Reconstruction of the private roadway, water and sanitary sewer mains shall be in accordance with size and design specifications as provided on page P-3 of the "MINOR SUBDIVISION Mound, MN for Steve Homola" plan set with revision date 12/29/03 as prepared by Ryan Engineering. (see Attachment "B") Each Owner's share of the costs for any of the work described in the preceding paragraph shall be due and payable on the date such cost for construction, maintenance or repair are due and payable to the person or entity rendering an account therefore. Each Owner's share of such costs shall bear interest at a rate of eight (8%) per cent per annum from such action to collect the defaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in the connection therewith. No Owner is exempt from the liability for payment of the foregoing costs for maintaining, repairing or replacing the Roadway or water main or service and/or arbitration costs by reason of waiver of the use or enjoyment of any portion of the roadway or by the abandonment of such owner's Parcel. The Owner hereby covenants with, and each future Owner by acceptance of a deed therefore, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to covenant with the then Owners of the benefited Parcels to pay promptly when due the proportionate (1/3) share of the costs described in paragraph C. 1 and D. 2 attributable to such Owner. The payment of such costs shall be a personal obligation of the person or persons who are the Owners of such Parcel at the time when such costs were incurred, and the obligation shall not pass to such Owner's successors in title unless expressly assumed by them. Any Owner, and the City of Mound has the right to enforce the terms of this Declaration. Any Owner may delegate the right to ingress or egress of the roadway to tenants who reside on the Parcel and to family members and invitees. This Declaration shall run with the land and shall be binding on and inure to the benefit of the parties hereto, his/her/their heirs, representatives, successors and assigns. There may be no amendment to or release of the terms of this Declaration without the pdor written consent of the then Owners of the three Parcels described on the first page of this Declaration, and in addition, no amendment to or release of the terms of this Declaration may be made without the prior written consent of the City of Mound. D. CITY OF MOUND ACCESS TO SANITARY SEWER AND ROADWAY EASEMENT 1. The Owner hereby grants to the City of Mound, and its agents and employees the right to enter upon the Parcels and to have access to and over the Sanitary Sewer and Roadway and .IBD-243056v3 MU22O-5 Watermain Easements to repair and maintain the Roadway, Watermain and Sanitary Sewer serving the Parcels. Such right of access is granted in the following situations: a. Emer.qenc¥. If the City declares that either the sewer or watermain are in need of immediate repair in order to avoid a threat to persons or property, it shall make reasonable efforts to notify the Owners of the determination, the nature of the problem and the general nature of the necessary repair. In the event that the Owners have not undertaken to repair such conditions and so notified the City within 24 hours of the City's notification efforts, the City may, but shall not be obligated to, undertake and accomplish such repairs using the manner and means deemed appropriate by it. The decision by the City not to undertake such work will not relieve the Owners of the obligation to do so. b. Non-Emergency. In all other instances, if the City determines that the Roadway, or the watermain or sewer are not being maintained so as to continue to meet the standards described in paragraph C.1 above, the City may make reasonable efforts to notify the Owners of such determination, the nature of the disrepair, and the general nature of the necessary repair. The notification will also state the time within which the Owners will undertake the repairs and notify the City of such. If the Owners do not do so, the City may, but is not obligated to, undertake to accomplish all or part of such repairs using the manner and means deemed appropriate by it. The decision by the City not to undertake such work will not relieve the Owners of the obligation to do so. 2. The Owner agrees that he will be responsible for any costs or expenditures incurred by the City in connection with any repairs made pursuant to paragraphs a or b above which will be allocated equally between the Parcels. The Owner further agrees and stipulate that the City may assess the amount of any such costs as allocated against the Parcels as special assessments to be collected with other taxes and payable in one installment. IN TESTIMONY WHEREOF, the Grantor has set his hand as of the day and year first above written. GRANTOR Steve Homola STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) On this __ day of ,2004, before me, a Notary within and for the State of Minnesota, personally appeared Steve Homola known to me to the person described in and who executed the foregoing instrument, and who acknowiedged that he executed the same as his own free act and deed. JI3D-243056~ 3 Mt'22(}-5 Notary Public This Instrument was drafted by: Dale W. Sheldon Attorney 7117 Ohms Lane Edina, MN 55439 .[BI)-243056v3 5117220-5 CONSENT The undersigned Mortgagee joins in the execution of this Easement for the purpose of evidencing 4s consent thereto and recognizing that its interest in the Subject Property is subject to the easement therein contained. Mortgagee: By: Its: STATE OF ) )SS, COUNTY OF ) On this __ day of ,2004, before me, a Notary within and for the State of , personally appeared known to me to the person described in and who executed the foregoing Consent to DECLARATION OF ROADWAY EASEMENT AND_DECLARATION OF COVENANTS FOR MAINTENANCE OF ROADWAY, WATER AND SANITARY SEWER MAINS, and who acknowledged that h/she executed the same as his/her own free act and deed. Notary Public ,rBD~243056v3 ML'220-5 EXHIBIT "A" DECLARATION OF ROADWAY EASEMENT AND DECLARATION OF COVENANTS FOR MAINTENANCE OF ROADWAY, WATER AND SANITARY SEWER MAINS Parcel A: That part of Government Lot 4, Section 23, T117, R24, Hennepin County, Minnesota, lying northwesterly of the northwesterly right of way line of Burlington Northern Railroad described as follows: Beginning at the Northwest comer of said Government Lot 4; thence North 89 degrees 06 minutes 12 seconds East along the North line of said Government Lot 4, a distance of 120.53'; thence South 20 degrees 23 minutes 01 seconds East a distance of 259.46' to the northwesterly right of way line of the Burlington Northern Railroad; thence South 68 degrees 28 minutes 57 seconds West along the northwesterly right of way line of Burlington Northern Railroad a distance of 218.65' to the West line of said Government Lot 4; thence North 01 degrees 19 minutes 59 seconds West a distance of 321.57' to the point of beginning. Parcel Said Parcel A containing 47,741 Sq. Ft. 1.096 Acres B: That part of Government Lot 4, Section 23, T117, R24, Hennepin County, Minnesota, lying northwesterly of the northwesterly right of way line of Burlington Northern Railroad described as follows: Commencing at the Northwest comer of said Government Lot 4; thence North 89 degrees 06 minutes 12 seconds East along the North line of said Government Lot 4, a distance of 120.53' to the point of beginning: thence North 89 degrees 06 minutes 12 seconds East a distance of 100.00'; thence South 20 degrees 23 minutes 01 seconds East a distance of 224.24' to the northwesterly right of way line of the Burlington Northern Railroad; thence South 68 degrees 28 minutes 57 seconds West along bhe northwesterly right of way line of Burlington Northern Railroad a distance of 94.29'; thence North 20 degrees 23 minutes 01 seconds West a distance of 259.46' to the point of beginning. Said Parcel B containing 22,800 Sq. Ft. 0.523 Acres Parcel C: That part of Government Lot 4, Section 23, T117, R24, Hennepin County, Minnesota, lying northwesterly of the northwesterly right of way line of Burlington Northern Railroad described as follows: Commencing at the Northwest comer of said Government Lot 4; thence North 89 degrees 06 minutes 12 seconds East along the North line of said Government Lot 4, a distance of 220.53' to the point of beginning: thence North 89 degrees 06 minutes 12 seconds East a distance of 636.50' to the northwesterly right of way line of the Burlington Northern Railroad; thence South 68 degrees 28 minutes 57 seconds West along the northwesterly right of way line of Burlington Northern Railroad a distance of 600.24'; thence North 20 degrees 23 minutes 01 seconds West a distance of 224.24' to the point of beginning. Said Parcel C containing 67,286 Sq. Ft 1.545 Acres ,ll!~D-243056v3 MI'22O-5 EXHIBIT B Proposed site and Utility Plan (P-S) JBD-243056v3 MU?21)-5 January 26, 2004 Sarah Smith Community Development Director City of Mound 5341 Maywood Road Mound, MN 55364-1687 RE: Minor Subdivision/Variance At the Planning Commission meeting a couple of items came up that my long Mound experience will help explain. First, the current requested minor subdivision was originally Lot 6 in the Shirley Hills Subdivision. In 1956, when the current house was constructed, it was combined with Lot 7. The water service for Lot 6 was never the current location by the shed. When my neighbor's, Larry Conley, house was built in the mid 70's there was a problem with Larry getting water from Bartlett so the water for old Lot 6 was used instead The original plan for water for Lot 6 was to come from the end of the alley by the shed. Secondly, the shed, which is on the alley, really is not the alley. The original gravel road started at the dght spot, but angled toward the house away from the plotted location. When it was paved in the mid 70's the City Engineer asked dad if it was all right with him if it followed the old gravel road. With no road and a utility pole in the way it was cheaper to follow the old gravel road. Dad said fine if he could put his shed by the utility pole. So the road was put on dad's property and the shed on the road. Since the alley is scheduled to be redone soon I suggest that the City of Mound move the alley to the dght location at that time. Thanks for all your help. Since~rely, ' · Frank B. Matachek The Importance of Native Plants in our Landscapes and Lakescapes ......... By--Marteane'C--attagban~ ............................... 2. ~LayoutTour-gardenhose in-the Fortin Consulting, Inc. Most of us are familiar with the term "landscaping' but to those of us who live near the water's edge whether it be a lake, stream, creek or wetland, we should also be acquainted with the term "Lakescaping." Lakescaping is important because it creates a buffer of native plants between the land and water. Since water quality is a big concern for many lakeshore owners, the use of native' plants can help improve our water quality by provid- ing a more sustainable landscape. There are many benefits to using native plants on our properties. Some of the benefits are: · Prevent geese from accessing our property. Geese are not comfort- able in plants taller than themselves as they cannot see predators. They choose not to leave the water and access areas Of land that have these' taller plant buffers. Goose drop- pings add large amounts of nitro- gen and phosphorus to our lakes over time. · Reduce the need for fertilizer, watering and mowing. Once a native planting is established, maintenance is-minimal compared to lawn maintenance. · Provide much diversity in color, textures and food and habitat for creatures such as songbirds, butter- flies, dragonflies and frogs. · Stabilize a weak or eroding shore- line with the longer root systems. · Absorb excess nutrients such as fer- tilizer or pesticides from the run-off of our lawns and hard surfaces before it reaches the lake. Here's how you can take some steps towards lakescaping your property: t. Determine your needs along your shoreline: a dock, a swimming area, small areas of lawn, a butter- fly garden. shape of your new shoreline plant- ing. The planting or new buffer area can include a pathway, bench- es, birdbath, feeding stations and butterfly houses. 3. Call your city to see if a permit is required. 4. Eliminate ~unneeded' lawn from the upper portions of your lakeshore property and restore that area with as many native plants as possible. This area will filter the excess nutri- ents from the remaining lawn. 5. Extend your planting into the water. This is easiest for lakeshores that are shallow. This will help minimize wave action that can erode your shoreline and also pro- vide habitat for fish and aquatic insects. 6. Contact a lakescaping Professional for more help. The Hennepin Conservation District, the Minnesota Depaxtment of Natural Resources - Ecological Services, Fortin Consulting, Inc., Save the Lake (LMCD) and the Minnehaha Creek Watershed District alt have information on lakescaping. Buffer zones show that we care for 'the 4a, ke :-.,~ey- ean-be-p ta-ntedm-it)n ............. trees, shrubs, wildflowers, sedges, grasses and aquatic plants. There are many choices of plant material avail- able in a variety of colors, textures and heights. Many of these plants also provide beautiful winter interest. Lakescaping projects can be done over a number of seasons. Your lakescaping professional can help you organize your project to accommodate your time, energy and budget. They can help you decide on a planting that will best fit the needs of your property. For more information on native plants, where to purchase them and techniques to restore natural habitat, pick up a copy of Lakescaping for Wildlife and Water Quality, a DNR publication that is available at libraries, local book- stores, and the U of M Arboretum bookstore. This information is also available in a new CD "Restore Your Shore" that carries the same plant lists and photos, nurseries and many design -ideas to help homeowners "lakescape" their properties. If you are tired of spending "quality time" at the lake moWing grass, chas- ing geese, and Watching the lake turn green, you'll be happy to know there is an alternative; The LMA will once again participate in an access inspection program this summer. The inspectors will continue the'surveillance of key public access on Lake Minnetonka and pro- vide an effective educational message to boaters about the harmful effects of zebra mussels and other unwanted exotic plants and animals. The program in 2003 is an expanded version of last summer's successful pilot program. Watemraff inspectors from the DNR's watemraff inspection program will be deployed at.four key public accesses - Gray's Bay, Maxwell Bay, North Arm Bayand Spring Pa~( Bay - begin- ning Memorial Day weekend through the summer, The LMA is pleased to again be working with the Lake Minnetonka Conservation District to coordinate and help fund this irnportant activity to protect or lakiL'Funding for this project comes from the Legacy Foundation, the LMCD, the LMCD's Save-the-Lake Fund as well as from members of the LMA. The budget for this year's inspections is set at $18,000 and the LMA is committed to help raise a significant part of this. The LMA welcomes contributions to our Exotic Species Fund to support this effort. s""_2099_' 3 http ://www. minnehahacreek.org/f_temp_mles, htm All of the documents on which the buffer rule is based, and all minutes and tapes of Board meetings and workshops at which the rule was discussed, are a matter of public record and available for review at the District offices. Research and Literature Review District consultants Wenck Associates and Emmons & Oiivier Resources (EOR), District staff Renae Schubert, and Steven McComas of Blue Water Science reviewed research reports and surveys encompassing some several hundred or more buffer studies. The literature reviewed is maintained at the District office and is available for public inspection. Conclusions drawn from these efforts have been reported to the Board of Managers during a number of public meetings and in the following memoranda: · 'Mv'etland Buffers, Rule D," Mike Panzer to Jim Hafner (May 30, 2000). · "Riparian Buffers," Mike Panzer to Minnehaha Creek Watershed District (August 8, 2000). · "Notes on Impacts of Buffers on Twin City Metro-Area Wetlands," Steve McComas (January 3, 2001). · "Riparian Buffers," Mike Panzer to Minnehaha Creek Watershed District (July 12, 2001). · "Buffer Performance," Mike Panzer to Minnehaha Creek Watershed Distdct (October 9, 2001). · "Benefits of Wetland Buffers: A Study of Functions, Values and Size," Emmons & Olivier Resources (December 6, 2001). · "Buffer Zones for Surface Waters: Function, Effectiveness and Design," Renae Schubert (December 21, 2001). District staff also has reviewed buffer literature used by the Minnesota Board of VVater and Soil Resources in support of buffers in a pending Wetland Conservation Act rulemaking under Minnesota Rules 8420, literature provided by the Department of Natural Resources, Ecological Services Division, and literature reviews provided by parties interested in the rulemaking. The purpose of this work has been to determine the appropriate width of buffers in developed and developing areas. in determining the applicability of the buffer literature to the District's proposed rule, District consultants and staff have considered the following: To what extent is research conceming buffers on one waterbody type applicable to other waterbody types (e.g., do data on the performance of stream buffers apply to wetland buffers)? District staff and consultants believe that research on a wetland, stream or lake buffer is applicable to buffers on other waterbody types. A buffer performs a specific set of functions with respect to the waterbody it adjoins and, although the exact levels of function will be different in each case, each of the functions enhances the beneficial uses of the waterbody within the meaning of the watershed purposes enumerated at Minnesota Statutes §§103B.201 and 103D.201. The one, partial exception to this general conclusion concerns non-r[/~arian wetlands of Types 1, 2, 6 and 7. These are wetlands that typically do n~ have a water surface and that are not hydrologically connected tO surface waters. Buffers on these waters do not protect aquatic habitat, and perform a surface water quality function limited to segregating pollutants from drainageways that otherwise might carry those pollutants to downgradient surface waters. However, a buffer on such a wetland continues to provide other functions. These include providing riparian terrestrial habitat, filtering groundwater and enhancing groundwater recharge. To what extent are data on the performance of construction-phase, agricultural or silvicultural buffers applicable to buffers in an urbanized or residential landscape? The many research studies considered by the District directly or through literature reviews encompass urban and residential settings, as well as agricultural, silvicultural and active construction environments. Research on urban and residential buffers is directly applicable. As to research on agricultural, silvicultural and construction-site runoff, the District believes that each of these sources of runoff has specific characteristics causing it to differ from the urban/residential setting in ways relevant to buffer performance. For example, agricultural or construction-site runoff tends to contain a higher sediment level, and therefore will tend to have a higher proportion of phosphorus adsorbed on sediment particles than dissolved in the stormwater. Because buffers are better at removing phosphorus associated with sediments than dissolved phosphorus, as a generality the level of phosphorus removal by an agricultural buffer may surpass that of a residential buffer. However, the variables most connected with buffer function are those that characterize the buffer itself: buffer width, slope gradient, soil roughness and permeability, vegetation and extent of sheet flow. These variables are directly comparable across studies, regardless of the land use from which the runoff originates. The Distdct believes that differences in buffer performance due to differences in the physical or chemical features of runoff sources generally are small and do not substantially affect the applicability of the data to other runoff sources. Are there data on appropriate buffer widths for specific buffer functions other than water quality protection (e.g, aquatic and terrestrial habitat, bank stabilization)? The research providing quantitative buffer width recommendations has focused primarily on the water quality functions of buffers. As a generalization, this research recommends a buffer of 50 to 100 feet. A wider buffer is recommended for sensitive waterbodies, steep slopes or poor soils. For habitat protection and species diversity, the literature recommends a 50- to 200-foot minimum buffer. It is difficult and expensive to perform research that links habitat benefits to specific buffer widths. Hence, these recommendations are based more on the scientific iudament of wildlife biolooists. Finally, buffers provide certain baseline functions. These include bank stabilization, riparian edoe shadino, oreventin(~ arass cliooinc~s from enterinc~ the water and avoiding attracting geese to the shoreline. According to District staff and consultants, bank stabilization and edoe shadin(] re(3uire a nominal buffer of five to 10 feet, while a 10- to 15-foot buffer ordinarily will prevent yard clior)inos from blowinc~ into the water and discourac~e geese from usina the brooerty for water access. Review of Adopted and Model Ordinances Reviews were conducted by Distdct consultant Emmons & Olivier Associates and by District legal counsel. Ordinances were reviewed as to: · Factors determining buffer width; · Buffer width; · Use of buffer averaging; · Allowance of Best Management Practices (BMP's) in lieu of buffer; .- E.n. forcement mechanism. All of these ordinances concern permanent (post-construction) buffers. Most, but not all, apply to lakes, streams and wetlands. Factors determining buffer width include wetland type, wetland size, sensitivity to runoff damage, vegetation types, and protective designation. Several ordinances include a formula by which the buffer is widened by four to six feet per degree of slope. Required buffers ranged from zero feet (for stormwater basins) to 300 feet (for extremely sensitive wetlands and special protection areas). Buffers in the range of 25 to 100 feet are nearly universal and only two ordinances (Apple Valley, Minnesota and Tampa, Flodda) do not specify a buffer of at least 50 feet in some cases. Some 30 percent of the ordinances reviewed extend the buffer to encompass a steep slope. Several ordinances appear to apply to Iow-density development in forested or coastal areas; most, however, apply within urban and urbanizing areas. Some of the ordinances exempt single-family lots of record. Neady all contain exceptions for features such as docks, trails and water access. A number of the ordinances (a) allow averaging with a specified minimum width; or (b) allow a reduced buffer in conjunction with BMP's All adopted and model ordinances are available for review at the Distdct office. Buffer Research and Analysis Buffer functions reported in the literature include the following: · Water quality protection (sediment, nutrient, pollutant removal); ° Runoff velocity and peak flow moderation; biological and toxics Groundwater recharge and protection; Aquatic and terrestrial habitat protection', Aesthetics and open space preservation; Recreation and education. Buffer vegetation stabilizes the bank, provides riparian shading and keeps nuisance avian species from the water's edge. Numerous water resource professionals in the reviewed literature consider the buffer to be an integral part of the waterbody itself and a transition zone between aquatic and terrestrial ecosystems. Wetland buffer widths recommended by the Natural Resource Conservation Service are from 100 to 200 feet for high quality wetlands (Interim Conservation Practice Standard for CRP, Code 393, NRCS, 1996). A review of buffer research literature and ordinances in other states suggests 100 feet to be a minimum for high-quality, sensitive wetlands. While the optimal buffer width depends on such site-specific conditions as slope, soils, vegetative composition and adjacent land uses, it is not feasible to determine width on a site-by-site basis. On a review of well more than 100 pieces of published buffer research, District staff and consultants have concluded that a buffer width of less than 25 feet offers substantially reduced benefit for water quality, as well as limiting habitat and other functions that buffers provide. However, the marginal benefit of additional wetland buffer width, according to many studies, begins to decline measurably beyond 50 feet. Although a number of studies suggest that a buffer of 100 or even 200 feet bdngs significant additional benefit and is technically supportable, the Distdct proposes to institute a 75- foot maximum wetland buffer width, for highest quality wetlands, as a reasonable balance between obtaining the benefits that a buffer provides and limiting impacts on landowners' land use options. Using Wetland Function and Value Basing wetland buffer width on wetland function & value classification is an approach advocated by a number of commentors throughout this rulemaking process as a means to optimize the balance between resource protection and regulatory burden. This approach rests on the District's recently completed wetland classification work. In early 2003, the Hennepin Conservation District (HCD), under contract to the District and with the participation of District staff, completed an inventory and a functional assessment of wetlands {'FAW) within the watershed. All wetlands within the watershed one-quarter of an acre in size or larger, or a total of 3,282 wetlands covedng some 15,850 acres, were inventoried, Each of these wetlands then was functionally assessed. For that purpose, the Distdct and the HCD developed a functional assessment method referred to as the Minnehaha Creek Routine Assessment Method for Evaluating Wetland Functions, or MCRAM. This method was developed to improve on the widely used Minnesota Routine Assessment Method for Evaluating Wetland Functions, or MNRAM. The District consulted with wetland scientists at the Minnesota Board of Water and Soil Resources. the Minnesota Department of Natural Resources, U.S. Army Corps of Engineers. and the Natural Resource Conservation Service (NRCS) in developing MCRAM. All of these representatives have reviewed and informally endorsed this assessment method. The wetland inventory and functional assessment has been incorporated into the District's Water Resources Management Plan as a part of the District's resource inventory. The FAW, available on request from the District, describes at greater length how the inventory was conducted, the MCR. AM methodology, the results of the MCRAM functional assessment and the criteda by which each wetland was assigned to a management classification. Wetland classification at the time of permit application should be necessary only for those wetlands smaller than one-quarter acre that the FAW did not inventory or assess. A MCRAM assessment of a small wetland can be conducted in less than an hour and the District believes that in those cases where an assessment is required, the burden on the applicant is reasonable. The Distdct intends to review the classifications of individual wetlands in conjunction with periodic revision of its Water Resources Management Plan. The District also has incorporated the FAW into the local water planning process and expects that, as a result, local buffer ordinances will tend to use the same framework as proposed here. The District believes this will enhance consistency and thereby help to limit regulatory burdens. Basing Buffer Width on Other Variables The literature, existing adopted and model ordinances, and those submitting public comment suggest that buffer width might vary depending on factors such as slope steepness, soil type, and surrounding land uses. However, in order to base buffer width on these factors, it must be possible to characterize each factor in a quantitative or semi-quantitative sense. The District's consultants have concluded that on the basis of research to date, only slope is reasonably capable of being treated this way. Among the numerous buffer ordinances the Distdct has reviewed, only slope is used to determine required buffer width. Further, even if the effect of certain variables on buffer performance could be mathematically described, the Distdct believes that a rule accounting for these variables would be complex, and the burden on applicants and District staff to implement the rule would be greater, without a corresponding enhancement of resource protection. The Distdct recognizes that buffer slope is an important vadable affecting performance. Rather than incorporate slope into the buffer width equation, the proposed rule includes a provision extending the buffer if it more than 25 percent of the buffer width lies on a slope of 12 percent or greater. This is discussed further below. 2. The rule incorporates flexibility through buffer averaging. The required buffer is stated as an average. At any given location, the buffer may vary between specified minimum and maximum widths. The minimum buffer, in all cases but one, is 25 feet. This was determined from a review of research and literature indicating that without other suppoding stormwater management practices in place, a 25-foot buffer is the minimum for a meaningful level of solids and nutrients removal. A minimum buffer also ensures that baseline buffer functions, including shoreline stabilization, habitat connectivity, ripadan shading and sediment filtration, are achieved. For a "Manage 3" wetland, a 15-foot minimum buffer is specified. This allows the basic riparian edge functions of buffers to be maintained without applying further restrictions to protect a wetland that has come to be of Iow function and value. The minimum buffer for a "Manage 1" wetland is 35 feet, and for a "Preserve" wetland is 50 feet, in recognition of the higher function and greater sensitivity of these wetland classes. A 100-foot maximum is specified in all cases to avoid the designation of "buffers," for example along drainage easements, that in fact are narrow land corridors perpendicular to the shoreline or streambank that treat a narrow area of flow. Vegetated buffer is not prohibited beyond this distance, but it will not count to meet the required average buffer width. The present buffer requirement under Rule D does not permit buffer averaging, but requires that the specified ("average") buffer be met at all points. This dgid requirement has created site design difficulties in a number of cases. By requiring that the average buffer be met at all points of concentrated inflow to the waterbody, the District believes that flexibility can be afforded to the landowner with an actual benefit enhancement. In addition, the Distdct prefers a naturally undulating buffer edge, which an averaging scheme facilitates. 3. The buffer is extended when more than 25 percent of the buffer falls on a steep slope. A steep slope within a buffer directly reduces buffer effectiveness, primarily by reducing the residence time of runoff within the buffer. A wider buffer compensates by increasing residence time. It also protects against land disturbance on the slope directly adjacent to the buffer, the impacts of which could oven~helm the buffer's protection. Accordingly, the rule spec'~es that the buffer is extended up to a total width of 100 feet to encompass a steep slope. A steep slope is defined as a slope greater than 12 percent. Grading is permitted both outside the buffer and, with District approval under paragraph 6(e), within the buffer. As a result, if permitted under local law, a steep slope may be graded down with the result that a buffer extension is not required. The requirement has three features to avoid unfair burdens on landowners, particularly where the actual affect of the steep slope on buffer function is limited. First, the total buffer width cannot be more than 100 feet. The District reasons that even if a steep slope continues beyond 100 feet, the extension of the buffer to 100 feet will substantially counteract the impact of slope on buffer performance. Extending the buffer beyond 100 feet could impose significant burdens on landowners that exceed buffer benefits. Also, 12 percent slope is to be determined over the limited distance of 25 feet, rather than the 50-foot distance more frequently found in local ordinances. This means that the slope increase triggering the buffer extension must be essentially adjacent to the buffer. Conversely, if a 50-foot distance were used, a rise some 40 to 45 feet distant from the buffer would serve to extend the buffer. Finally, the steep slope extension does not apply unless at least 25 percent of the buffer lies on the steep slope. The Distdct reasons that if less than 25 percent of the buffer falls on the steep slope, buffer function will be largely undiminished. As adopted, the rule ensures that a trivial intersection of the buffer with the toe of a steep slope will not trigger the buffer extension. Applying standard and well-accepted engineering relationships published by the U.S. Department of Agriculture in Technical Release 55, the District estimates that each additional percent of slope requires five more feet of buffer to maintain the same residence time for sheet flow through the buffer. For example, a buffer with a 10 percent slope should be 50 feet wider than a buffer on level ground. This corresponds well to the 100-foot maximum extension on a usteep slope" of 12 percent. The proposed rule accounts for slope by extending the buffer by up to 50 or possibly 75 feet for a slope of 12 percent or steeper. For a slope of less than 12 percent, this approach is not as protective as TR-55 suggests may be justified; this is true as well for a slope much steeper than 12 percent, although physical or local land use constraints reduce the likelihood that these steeper slopes are built on. The proposed rule considers slope less precisely than a rule that determines buffer width in each case on the basis of slope. But, it accounts for slope and also retains a simplicity so that the rule is easily understood and application burdens are not unreasonable. During the comment period on the rule, the District's definition of a ~steep slope' - one of 12 percent or steeper - has been questioned. It has been observed that some local units of government do not consider a 12 percent slope to be a steep slope. The Distdct is aware of local steep slope ordinances that define a steep slope as 25 percent or steeper.. Nevertheless, the DNR shoreland ordinance, with which the Distdct has coordinated the buffer rule, defines a steep slope as a slope of 12 percent. Further, a 12 percent slope is deemed a steep slope by county soil and water conservation districts. The main concern is that a steep slope promotes flow channeling. The District's consultants advise that this occurs at a slope well below 12 percent, and that the proposed definition is reasonable. Finally, it is noted that the applicability of the steep slope extension is determined on the basis of the required average buffer. An applicant may not reduce the buffer in the area of a steep slope through buffer averaging to avoid the extension. Even if it does not fall within the specified average buffer, a steep slope near the dpadan edge is a cause for concern and a reduced buffer should not be located there. Once the applicability of the extension is determined using the average buffer, the applicant may use buffer averaging in delineating the actual buffer. This must be consistent, however, with the paragraph 4(a) requirement that the buffer meet the specified average at all points of concentrated sheet inflow to the wetland. 4. The buffer is extended to encompass a riparian Native Plant Community. Similar to the steep slopes provision, the rule specifies that a buffer will be extended up to a total width of 100 feet to encompass a Native Plant Community associated with a waterbody. Because vegetation disturbance is permitted in the outer stream buffer, this extension applies only to lake, wetland and, for streams, streamside buffers. "Native Plant Community" is a designation of the DNR Natural Heritage and Nongame Research Program. A native plant community is defined as a group of native plants that interact with each other and the surrounding environment in ways not greatly altered by humans or by introduced plant or animal species. These groups of native plants form recognizable units, such as an oak forest, a prairie, or a marsh, that tend to repeat across the landscape and over time. Native plant communities are identified and surveyed by the Minnesota County Biological Survey and assessed on the basis of size and quality. The list of communities is designated and managed by the DNR. The stipulation that the community be "associated with a waterbody" maintains the link between terrestrial habitat and water resource protection. A community is associated with a waterbody if each contributes to habitat for particular water-dependent wildlife species. Just as for the steep slope extension, the native plant community extension is limited to a total buffer width of 100 feet. This limit coincides with recommendations by Distdct staff and consultants that a minimum buffer for habitat purposes is 50 to 100 feet. The District's authority is restricted to water resource protection. The 100-foot limitation is, in essence, a finding that a native plant community loses its intimate relation with the associated waterbody at this distance. Its protection further upland is left to the DNR and other units of government with broad natural resource management authority. F. CONSTRAINTS WITHIN THE BUFFER There are three types of restrictions on activity within waterbody buffers: · Restrictions on vegetation disturbance; · Restrictions on structures and impervious surface; and · Restrictions on excavation, fill and stockpiling. 1. Mowing, cultivation, grazing, applying fertilizer, and placing or storing mulch, yard waste or similar bulk materials are prohibited within a buffer other than an outer stream buffer. This restriction has two purposes: (a) to maintain and avoid injury to vegetation within the buffer;, and (b) to prevent the application or placement of materials within the buffer that are sources of surface water pollution. The proposed rule requires property owners to maintain buffer vegetation as necessary to preserve the buffer's function. The District does not intend to devote extensive resources to inspecting buffers, and believes that typically property owners will act on their own interests to maintain buffer vegetation. However, the rule would give the District the ability to act in particular cases to address buffers in substantial disrepair. District staff will issue buffer encroachment approvals to allow landowners to address diseased or invasive species, conduct periodic cutting or burning that does not reduce buffer quality, and take other steps to improve buffer quality. A landowner may obtain an encroachment approval for a single buffer maintenance action or for recurring maintenance. Mowing or other activities otherwise prohibited may be permitted as part of a plan approved by District staff. The rule requires a buffer of "primarily native vegetation." The term "native" as applied to vegetation has been variously defined. The Distdct uses the term to refer to plants that have evolved naturally in a particular area and were present before European settlement - about 18,50 in Minnesota. The native distribution of plants varies widely among species and is influenced by many environmental factors including temperature, precipitation - including amount, type, and fate, soil texture, fertility, drainage, soil pH (acidity or alkalinity), and pests. For example, the native distribution of dwarf dog-tooth violet or trout lily (Erythronium propullans) is limited to small, isolated pockets in southeastern Minnesota while bur oak (Quercus macrocarpa) is native throughout the state. Realizing the public's desire to use familiar non-native species, the rule proposes "primarily native vegetation" rather than buffers composed of exclusively native species. This allows landowners to include some non-natives in buffer areas. Non- native plants that can invade and degrade native plant communities should not be used and existing, invasive species always should be controlled. Some well-known examples of invasive, non-native species include purple Ioosestrife (Lythrum salicaria) and common buckthorn ( Rharnnus cathartica). Further, many disturbed sites no longer are suitable for some of the species native to the area. While such areas eventually may be restored, the cost can be high and may require many years. Allowing some use of non-native species that are better adapted to disturbed sites allows a landowner to establish an attractive, functional buffer. The ability to include non-native species that are culturally familiar also enhances the acceptance of native plantings in more urbanized areas. Both native and non-native species must be selected to fit the character and needs of the particular site. The District believes the cost/burden of the proposed requirement for landowners to establish buffers adjacent to lakes, streams, and wetlands is justif,~d and reasonable. The benefits of buffers for runoff volume control, water quality and wildlife habitat are well documented. While there is an initial cost associated with establishing a buffer, it is counterbalanced by the benefits and reduced long-term maintenance costs as compared with turf grass maintenance. Once established, native plant communities need less water, lower pesticide and fertilizer use, and less extensive maintenance than non-native species. Commentors have expressed concern that the buffer requirement would mandate untended, unaesthetic landscapes. Creating buffers by simply allowing existing vegetation to go unmanaged would be an unacceptable strategy for the establishment of vegetative buffers from the perspectives of both the property owner and the District. Landowners will retain a considerable ability to select vegetation types and manage vegetation within buffers, provide that buffer function is protected. The District intends to provide guidance to and work with landowners to develop cost-effective, Iow- maintenance and attractive buffers. a. The District may direct a landowner to establish buffer vegetation. The District will apply this authority when the existing land surface within a newly delineated buffer is not adequately vegetated or othe[wise is in a condition that significantly compromises buffer function. The choice of vegetation will be left to the landowner, provided that an adequate permanent groundcover of primarily native vegetation is provided. Conditions imposed by the Di~,J'ict must be 'reasonable." For example, consistent with the "grandfather' clause of subsection 8(a), the District would not require removal of a permanent existing structure or impervious surface in good condition and providing beneficial use to a landowner. ^ landowner, however, might be required to remove a gravel or other artificial, unconsolidated surface from within a buffer; rework or top-dress hardpan; or sccd or plant within an existing area of bare soil. b. Single-family residential lots are subject to the vegetative disturbance prohibition. Under an eadier rule draft, platted lots and other lots of record as of the date the rule takes effect were proposed to be excepted from the prohibition on vegetative disturbance, unless proposed construction required a local special use permit, variance or similar special approval. The exception was based on the rationale that when the buffer requirement is applied to a lot existing as of the effective date of the rule, the landowner must accommodate the buffer on property not laid out in the first instance to indude a buffer. The Districts' concern was that in some cases, options for site redesign to accommodate a buffer area of undisturbed vegetation may be limited or absent. On further consideration, however, the District believes that a blanket exemption of single-family lots of record from buffer vegetation requirements is not warranted. The permanent creation of hard surface on a single-family lot, due to house construction, substantial driveway installation or other substantial construction, changes the hydrology that affects downgradient waterbodies. Riparian vegetation reduces those impacts and is a "soft' method that corresponds well to the scale and nature of residential development. The full benefits of buffers cannot be realized by exception and faimess requires that those owning property along waterbodies within the watershed be treated equally. Single-family properties constitute the majority of ripadan land within the watershed and the reasonable application of the buffer requirement to such properties is essential to achieving the goals of the rule for the watershed as a whole. In applying the rule to certain land-disturbing activity on single-family properties, the District is recognizing that those who own land adjacent to water resources play a particular role in protecting those resources. While owning such property is a valuable dght, it also is a privilege. The Distdct believes that limitin,q the application of the requirement to sites that are bein,q substantially altered is a reasonable balancin,q of the responsibilities of riparian landowners and the burden of maintaining a buffer. It also is consistent with the established re!:lulatory practice of requidr~! properties to meet new codes when substantial work is done. Exempting single-family lots of record would allow for small but, cumulatively, potentially significant impacts to occur without mitigation. While some lots of record, previously platted, may not readily accommodate the required buffers, many single-family lots may do so without a substantial impact on the reasonable use of the lot. Accordingly, the Distdct believes that it makes more sense to grant a variance or an exception on a case-by-case basis than to allow for a blanket exemption. 2. Structures and hard surface are prohibited within a buffer. The replacement of dpadan vegetation with hard surface directly accelerates peak flows into the adjacent waterbody and reduces the filtering and uptake of pollutants within the ripadan edge. In addition, uses associated with the structure or surface themselves may generate pollutants at what is a sensitive location adjacent to the waterbody. The DNR shoreland rule sets a baseline for required local ordinances. The rule prohibits structures within 50 to 200 feet from the ordinary high water mark of a lake, stream or public waters wetland. As discussed above, a number of municipalities have not yet received DNR approval of a shoreland ordinance and the ordinance does not apply to the full universe of wetlands. To the extent that structure restrictions in the rule duplicate shoreland provisions of the municipality where the property is located, the District rule imposes no further burden on the landowner. To the extent they do not duplicate local law, the restrictions will provide important protection. Although the stated purposes of the DNR shoreland rule include water quality and habitat protection, the rule itself is focused primarily on preserving a natural view from the protected lake, river or wetland. Accordingly, it places conditions on ripadan hard surfaces, but these are directed more to visual screening. The rule does not significantly constrain locating hard surfaces within the shoreland zone. This rule addresses that gap. The structure prohibition applies only to surface structures. Installation of a subsurface structure presents a temporary risk to the waterbody adjacent to the disturbance, and for that reason requires, under the proposed rule, a District encroachment approval and careful erosion control. Construction activity also can compact soils, channel run-off and otherwise diminish buffer function. For that reason, the approval will require that the disturbed area be restored to preexisting buffer function. a. A shoreline or streambank installation approved under a District Rule F permit is not subject to Rule M. Shoreline and streambank installations, including dprap, retaining walls and sand blankets, are regulated under District Rule F. The rule contains design requirements and requires construction methods to minimize pollution of the waterbody while the site is disturbed. These installations allow landowners to /i protect their shorelines and streambanks from erosion and reduce sediment loadings to the waterbody. As long as these shoreline improvements are well designed and properly constructed, they are not a source of pollution and therefore should not trigger the requirement of a buffer. b. A waterbody crossing approved under a District Rule G permit does trigger Rule M, but the crossing structure itself is a permitted buffer intrusion. Rule G requires a permit for a crossing on or within the bed or banks of a waterbody. Rule M simply states that a crossing approved under Rule G is permitted within a buffer. Rule G contains a "minimal impact" requirement that allows the District to minimize impact on the waterbody dudng construction and thereafter. It would be duplicative to require an applicant to obtain a Rule G permit for the crossing structure and separately to qualify the structure for an exception or vadance under Rule M. However, a crossing requires work in the waterbody, creates the potential for further disturbance dudng later maintenance, and, if the crossing is above- ground, is a permanent intrusion on the riparian edge. This disturbance to the waterbody justifies the requirement for a buffer on the waterbody under Rule M. c. A public road or above-ground utility may cross the associated waterbody if there is "no reasonable alternative that avoids or reduces the proposed buffer intrusion." Rule G applies only to crossings that disturb the bed or bank of a waterbody. Rule M includes language to allow a crossing to intrude on the buffer area between the top of bank and the landward buffer edge. The rule generally prohibits impervious surfaces within the buffer, including roads and surface utility structures. An applicant must exhaust reasonable alternatives of lesser impact before approval for the intrusion will be granted. (If a waterbody crossing is necessary, avoiding the intrusion would be deemed infeasible. The applicant, however, would need to design the structure to minimize buffer impact from the intrusion.) The "minimum impact" criterion here mirrors the similar cdtedon of Rule G. Examples of minimizing impact would include passing through the buffer along the shortest course, avoiding the acceleration or channeling of storm flows, and limiting buffer disturbance to only what is necessary to build and maintain the road or utility. The District may impose conditions on both design and construction methods to limit buffer impact. The approved intrusion will be limited to those elements of the road or utility that must be within the buffer. Associated structures (control boxes, utility monitoring stations, maintenance vehicle parking) not meeting this threshold may not be placed within the buffer. d. Stormwater treatment, flood control and flow inlet/outlet structures may be located in a buffer. These structures by their nature typically are adjacent to or on the bank of a waterbody. They tend to reduce peak flows and enhance treatment of surface flows (e.g., by intercepting them) or to occupy minimal space within the buffer. Under the rule, the District may impose conditions to ensure minimum impact on buffer function. e. A structure may extend over the buffer if the District determines that the structure's impact on buffer vegetation and function will be negligible. This provision applies to a suspended trail, deck or similar feature. In each case, the Distdct primarily will consider whether buffer vegetation will continue to receive adequate light and moisture and whether pollutant filtering and flow moderating functions are preserved. Other buffer functions such as habitat protection also are considered. The Distdct will review the proposed design and make its determination in writing. This may occur in the context of a permit proceeding or, for an existing buffer, through a buffer encroachment approval. f. A linear non-buffer feature may lie within a buffer if the District finds that this will not significantly reduce the protection afforded the waterbody. This provision would allow, for example, a recreational trail alongside a waterbody or a trail that provides access into a wetland for educational purposes. District Rule N exempts from stormwater management requirements a trail no more than 10 feat in width with at least five feet of pervious land on either side. The District is incorporating this same standard into Rule M. The rule specifies that the Distdct will find a trail meeting these r.,riteda to "not significantly reduce the protection afforded the waterbody." In designing the feature, the applicant should minimize the impact of the intruding feature. With respect to a trail, this might involve limiting its width, suspending it or using a non-polluting trail surface. The feature does not contribute to buffer width. That is, if 25 feet of a required 50-foot buffer lies waterward of a 10-foot trail, an additional 25 feet of buffer are required landward of the trail. The landward edge of the buffer, then, would be 60 feet from the waterbody edge.