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2004-07-13 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. ,:.:,,0...~;.,.,. ....... ~:~:~.~.~.~.~.~i!!~:~:~;:!!:~:!~:~z~:!:~:!!~:~!~:~:~:~:~z~z'~-~:''' ~': ........................................................... ': ...............................................' AGENDA *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Open meeting - Pledge of Allegiance Approve agenda, with any amendments *Consent Agenda *A. Approve minutes: June 8, 2004 and June 22, 2004 regular meetings *B. *D. Approve payment of claims Approve Payment Request #7 from Environmental Associates, in the amount of $66,509.50 for the Greenway Project Approve Payment Request #2 from Valley Paving in the amount of $303,509.14 for the 2004 Street Reconstruction Project *E. Joint Powers Agreement with Metro Transit for the installation and maintenance of bus stop signs. *F. Resolution denying request by Mike Gardner and Ted Metz 1599 & 1601 Bluebird Lane Street vacation: unimproved portion of Woodland Rd. *G. Planning Commission Recommendation(s) 1. Case #04-07 and 04-13 Waiver of platting/variance - (2) lots 5077 Shoreline Drive Thomas Gray *I~. 14, Adopt Resolution Adopting Fee Schedule (only change on page 5 - pertaining to fee for staff review of tax forfeit and/or city-owned release requests) *~.'J2, Adopt Resolution Renaming Precinct 2/4 *1~. 3', Approve North Hennepin Mediation Program Agreement Approval of Cooperative Promotion Program 1953-1964 1965-2001 2002-2008 2009-2011 2012-2020 2021-2023 2024-2036 2037-2039 2040 2041-2048 2049-2051 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) Public Heatings and Corresponding Action Case No. 04-12: Joel Reinitz (Church representative) 5218 Bartlett Boulevard CUP/Variance - memorial garden at Mt Olive Church (Public Hearing Continued from June 22, 2004) 2052-2071 Review/Adoption 'of new Floodplain Management Ordinance and Map and repeal existing Floodplain Overlay Regulations found in City Code Subsection 300.15. Update on CSAH 15 Project by Dan Allmaras of Hennepin County Review of structure located at 2146 Cedar Lane a~d applicability with zoning and building code requirements per City Code 350.505 (Board of Adjustment and Appeals) and proposed resolution - continued from 6/22. Review of proposed amendment to City Code Chapter 330 (Subdivision Ordinance) to regulate dock lot parcels for the purpose of providing lake access for nearby properties. - continued from 6/22. Miscellaneous/Correspondence A. DCAC Minutes - June 17, 2004 B. Harbor Wine & Spirits Report - June 2004 C. Recap of 2004 Spring Clean-up D. LMCD Minutes of May 26, 2004 E. Newsletter: Gillespie Gazette F. LMCD 2005 Budget G. Three Rivers Park District Community Needs Assessment H. MFD Commission Meeting Minutes June 23, 2004 2072-2108 2109-2115 2116-2120 2121 2122 2123 2124-2137 2138 2139-2146 2147-2149 2150-2161 10. Adjourn This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. agendas may be viewed at City Hall or at the City of Mound web site: www. citvofmound, com. More current meeting MOUND CITY COUNCIL MINUTES JUNE 8, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 8, 2004, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel (arrived at 7:57 p.m.); Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Finance Director Gino Businaro, State Representative Steve Smith, Bruce Johnson, John Beise, Mike Specht, Phil Bowman, Chuck Champine, Eric Serrano. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items 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 Meetinq and Pledge of Allegiance Acting Mayor Hanus called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance. 2. Approve Aqenda Kandis Hanson requested the removal of Item 3F and Item 8, to be considered at a later meeting. MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 3. Consent Agenda MOTION by Osmek, seconded by Brown to approve the consent agenda as presented. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of May 25, 2004 regular meeting B. Approve payment of claims in the amount of $654,366.26. C. RESOLUTION NO. 04-71: RESOLUTION APPROVING FRONT YARD SETBACK VARIANCE FOR A SECOND STORY ADDITION TO THE RESIDENCE LOCATED AT 1717 FINCH LANE, LOTS 7 & 8, BLOCK 13, DREAMWOOD. P&Z CASE #04-09. PID #13-117-24.13.0048. D. RESOLUTION NO. 04-72: RESOLUTION AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM 1 - 1953- Mound City Council Minutes - June 8, 2004 Eo Approve Payment Requests 1. Payment Request #6 from Environmental Associates for work on the Lost Lake Greenway, in the amount of $156,261.95. 2. Payment Request #1 from Valley Paving for work on the 2004 Street Reconstruction Project, in the amount of $165,494.32. 3. Final Payment Request from Sunram for the 2002 Retaining Wall Replacement Project, in the amount of $5,817.85. F. (removed) 4. Comments & Su.q.qestions from citizens present on any item not on the a.qenda. - None were offered. 5. 2003 Audit Report and Management Letter, as presented by Steve McDonald of Abdo, Lick and Meyers. Finance Director Gino Businaro introduced Steve McDonald of Abdo, Lick & Meyers and he reviewed the management letter and annual financial report for the year ending December 31,2003. MOTION by Brown, seconded by Osmek to acknowledge receipt of the Management Letter and Comprehensive Annual Financial Report for the year ending December 31, 2003, as prepared by Abdo, Lick & Meyers. All voted in favor. Motion carried. 6. Orv Bu~a and Pete Nelson, representin.q LMCD, on zebra mussel infestation Pete Nelson gave the Council an informational presentation on the zebra mussel and its potential affect on Lake Minnetonka. Mayor Meisel arrived at 7:57 p.m. She explained that she was late because she was delivering the welcome to the United Firefighters Association meeting at the Public Safety Building. The City will help to pass alOng informational material regarding the threat of the zebra mussel by i.e., putting an educational article in the next newsletter, and making informational available at City Hall. 7. Tax forfeit parcels. Hanus removed himself from his seat on the Council for this item. Sarah Smith reviewed the events leading to tonight's request for subdivision exemption and re-conveyance of portions of tax forfeited lands to the State of Minnesota by a governmental subdivision. The Council previously adopted Resolution 03-45, authorizing Hennepin County to begin the process to release a portion of a tax forfeit parcel (PI D 19-117-23-24-0047) following submittal of a written request by three 2 - 1954- Mound City Council Minutes - June 8, 2004 property owners (Mark and Gall Hanus, Jack and Sandy Cook and Bruce and Sharon Johnson) and review and recommendation by the Planning Commission, Parks Commission and Docks Commission. Following submittal to Hennepin County it was determined that special legislation would be necessary to complete the release process in order to sell the property at an adjacent owner auction. The special legislation was signed by Governor Pawlenty on May 29, 2004, and now the city needs to execute a deed to re-convey the affected portion of the tax forfeited parcel back to the State of Minnesota so that it may be offered for sale to the adjacent owners. Following the sale of the parcel by Hennepin County to the abutting property owners, additional survey work is going to be necessary so as to combine the affected portion(s) of the former tax forfeit parcel with the abutting Hanus/Cook/Johnson properties, which triggers the minor subdivision process. Staff feels that it is reasonable to use the subdivision exemption provision for this portion of the process. Hanus, one of the applicants, gave an overview of the process that this request has gone through. Chuck Champine, 1550 Canary Lane, complimented Hanus on his presentation and received clarification on his question regarding computation of BSUs, appraisal of the subject parcel, and cost reimbursement for this request. Sarah Smith clarified two points. Included in the resolution when the Council authorized the Hennepin County to begin the process to release this parcel was the stipulation that if the property is released, it should be offered for sale and combined with adjacent properties only. Also when the original tax forfeit request came in April of 2003, it was not only routed to members of staff, but all involved commissions and aqencies, which included the LMCD. At that time they were given opportunity to comment and if comments were received, they would have been included if provided from them. Representative Steve Smith addressed the Council, stating that he was the author of the bill involved in this parcel. He stated that the subject request has gone through layers of city and state government. It went through the mandatory process and found its way to the separate bill that he introduced in February. He stated no one cooked up or changed any state statute, as suggested by Meyer, and nobody rolled it into an omnibus bill to bury this issue. He quoted sections from a letter he received from the City Attorney which outlined and reviewed the steps that were taken in this request. The meetings of various Commissions and Council were all public and noticed according to law, and all costs involved in the request are borne by the applicants. A. MOTION by Osmek, seconded by Brown to adopt the following resolution. Meyer stated that the portion of House File #2334 included in the packet shows that the total file is 42 pages and the subject is noted on ¼ a page out of the 42. Also, that he can't support this resolution mainly because he thinks it's an abuse of political power for Hanus to use his political power to convince Representative Smith and 3 -~-1955- Mound City Council Minutes - June 8, 2004 Senator Gen Olson to initiate this legislation. He understands he may have said they changed state statute, and asked what the proper term is to describe that they can do now what they couldn't do last year. John Dean then stated that to engage in conversation with the audience is not appropriate at this time, as there is a motion on the floor. Brown called for the vote, and upon vote taken the following voted in favor: Brown, Meisel and Osmek. The following voted against: Meyer. Hanus abstained from voting as he was still a member of the audience at this time. Motion carried. RESOLUTION NO. 04-73: RESOLUTION TO APPROVE A SUBDIVISION EXEMPTION REQUEST TO RELEASE A PORTION OF A TAX FORFEIT PARCEL. PID #19-117-23-24-0047 MOTION by Brown, seconded by Osmek to adopt the following resolution. Meyer stated that again, he would like to give four reasons for voting against this: First, public good is defined as benefiting 9,700 of our citizens and in his view this just benefits Hanus and the two neighbors; second, is that he hears how this action would benefit the docks program but he sees that having less shoreline means less boats; third, is that by releasing the property they lose three dock site holders, each of which pays $250/year into the dock program; and fourth and most importantly, and maybe he doesn't get it, but he thinks it's really an abuse of public trust and abuse of political power for a sitting City Councilmember to acquire public land for personal gain. Brown asked for the vote, and upon vote taken the following voted in favor: Brown, Meisel and Osmek. The following voted against: Meyer. Hanus abstained from voting as he was still .a member of the audience at this time. Motion carried. RESOLUTION NO. 04-74: RESOLUTION TO RECONVEY A PORTION OF A TAX FORFEIT PARCEL BACK TO THE STATE OF MINNESOTA FOR SALE TO ABUTTING OWNERS. PID #29-117-23-24-0047. Councilmember Hanus returned to his seat on the Council at this time. Meisel, Brown, Osmek and Hanus offered comments as to why Meyer's previous statements were inappropriate, incorrect and short-sighted. Hanus reminded Meyer that he confronted him at the previous Council meeting regarding some of the same accusations of abuse of public trust and political power, and how Meyer was unable to explain or defend him claims. 8. (removed) 4 ~- -1956- Mound City Council Minutes - June 8, 2004 9, Miscellaneous/Correspondence A. Newsletter: Xcel Energy B. Report: Harbor Wine & Spirits - May 2004 C. Notice: Metropolitan Council 2005 Budget Meetings D. Newsletter: Gillespie Center E. Letter: Mediacom F. Letter: Moody's Investors Service G. Letter: Hennepin County Administration H. Inventory of items contained in Public Safety Facility time capsule 10. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 9:55 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5 - 1957- --- MOUND CITY COUNCIL MINUTES JUNE 22, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 22, 2004, in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Loren Gordon, Police Chief James Kurtz, Parks Director Jim Fackler, Nick Schwalbe, Brad Schoenhoff, Cathy Bailey, John and Betty Eccles, Dave Beede, Sherry Therres, Joel Reinitz, Jim Holmbeck, Mark Krawiecki, Mike Specht, John Beise, Matt Mizerny, Tim Sheridan, Randy and Denise Johnson, Orr Burma, Mike Gardner, Ann Eberhart, Marty and Marie Johnson, Karl and Julie Weissenhorn, Kathy and Bob Goodfellow, Art and Patty Anthony. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items 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 Mayor Meisel called the meeting to order at 7:35 p.m. and the Pledge of Allegiance was recited. 2. Approve A_~enda Hanson requested the addition of Item 11A, to set a special meeting date. Meisel requested the removal of 4F from the consent agenda and Hanus requested the removal of 4A and 4H from the consent agenda for discussion. MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 3, Swearing-in of Patrol Officer Nick Schwalbe Police Chief Kurtz introduced and gave background information on Patrol Officer Nick Schwalbe, followed by the swearing-in. The Council offered their congratulations and Hanson announced that refreshments were available for family and friends in attendance. 4. Consent Agenda MOTION by Hanus, seconded by Osmek to approve the consent agenda as follows. Upon roll call vote, all voted in favor. Motion carried. 1 -1958- Mound City Council Minutes - June 22, 2004' A. (removed) B. Approve payment of claims in the amount of $242,372.14. C. Approve Liquor Licenses for year July 1,2004 through June 30, 2005, contingent upon receipt of all required forms, fees and certificates of insurance: Club On-Sale: V.F.W. and American Legion Sunday On-Sale: V.F.W. and American Legion On-Sale Wine: House of Moy and Carbone's Pizzeria On-Sale 3.2 Malt Beverage: House of Moy and Carbone's Pizzeria Off-Sale 3.2 Malt Beverage: PDQ and Super~America On-Sale Intoxicating Liquor (with Sunday On-sale): Dailey's Pub and Al & Alma's Supper Club D. Approve Live MUsic Permit for Out on a Limb Open House on July 24, 2004, from 6-8 p.m. at 5309 Shoreline Drive. E. RESOLUTION NO. 04-75: RESOLUTION PROCLAIMING NATIONAL MARINA DAY F. (removed) G. RESOLUTION NO. 04-76: RESOLUTION TO APPROVE A SIDE YARD AND LAKESHORE SETBACK VARIANCE TO ALLOW REPLACEMENT OF A DECK AT 1736 SHOREWOOD. P&Z CASE #04-14, PID #13-117-24-11-0136. H. (removed) I. ORDINANCE NO. 03-2004: ORDINANCE AMENDING SECTION 905 OF THE MOUND CITY CODE AS IT RELATES TO WEAPONS, FIREARMS, HUNTrNG AND TR/~PPING 4A. Minutes of June 8, 2004 Hanus requested that the minutes of June 8, 2004, be reconsidered with regard to Item 7. His feeling is that the representation as stated is a little one-sided and would like them reviewed by staff. MOTION by Hanus, seconded by Brown to table approval of the June 8th minutes until the next meeting. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 4F. Supplemental Aqreement #3 for Lost Lake Greenwa¥ Meisel wanted stressed for the record that costs incurred by Supplemental Agreement #3 (delaying completion of the trail) will be borne by the developer. MOTION by Brown, seconded by Osmek to approve Supplemental Agreement#3, extending completion, date until June 30, 2005, with any additional costs associated with this time extension being the responsibility of the Developer. All voted in favor. Motion carried. 2 - 1959- Mound City Council Minutes - June 22, 2004 4H. Proposed amendments to City Code Chapter 380 settin.q land use fee schedule ' Hanus had questions regarding some of the land use fees and their purposes, to which Sarah Smith. addressed and answered to his satisfaction. MOTION by Brown, Seconded by Osmek to pass the following'ordinance. All voted in favor.. Motion carried. ORDINANCE NO. 04-2004: AN ORDINANCE AMENDING SECTION 380 TO THE MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND USE FEES FOR. THE CITY OF MOUND. 5. Comments and su.q.qestions from citizens present on any item not on the a.qenda. Jim Holmbeck, 2'222 Mill Pond Road, appeared before the Council to inform them that his previous concern over damage to his tree by the developer of Langdon Trails has been rectified. The developer planted an entire row of 10-12' fir trees along the boundary of the development, resulting in a nice barrier for the new as well as existing homes. Chuck Alcon, the developer, was commended for this action. 6. Public Hearings A. Case #04-04: Mike Gardner & Ted Metz - 1599 & 1601 Bluebird Lane - Street Vacation Sarah Smith gave the background of the request by Gardner and Metz to vacate a portion of unimproved Woodland Road. Discussion followed regarding the request as associated and affected by the previous Woodland Point legal settlement. City Attorney John Dean stated that in his opinion, if the Council wanted to proceed with this street vacation it would have to be run back through the Court system. Mayor Meisel opened the public hearing at 8:18 p.m. Mike Gardner, one of the applicants, came before the Council to explain that the reason for this request is that with the unimproved street, his lot is considered a corner lot and thus subject to setbacks of same. He has plans to remodel his home and the vacation would eliminate the non conforming setback on the south side of the property, as it exists today. If this were a standard lot the setback on that side would be 6', but due it being considered a corner lot, the setback is 20'. Cathy Bailey, 1554 Bluebird Lane, expressed that the residents of Woodland Point worked hard on the settlement agreement and within the settlement 130' of public beach Was retained that is being used, with Woodland Road used as the access to that beach. She stated she is representing others in the neighborhood in opposition to the proposed vacation. 3 - 1960- ':- Mound Ci[7 Council Minutes - June 22, 2004 Marry Johnson, 1582 Bluebird Lane, believes the settlement agreement also states that the City gives up any right to road ends, and if this vacation is approved, the "road end" location will change. His opinion is that the City would be better off to grant a variance for Garrner's project rather than vacate the street as requested. Carl Weissenhorn, 1733 Bluebird Lane, expressed that he feels what the Council does in this situation will set precedent for future slow action land grabbing. He feels they should come up with an acceptable variance rather than street vacation. After no further public comment was offered, Mayor Meisel closed the hearing at 8:50 p.m. MOTION by.Brown, seconded by Osmek to direct staff to prepare a resolution denying the vacation request for a portion of unimproved Woodland Lane, to be considered at the next regular Council meeting. All voted in favor. Motion carried. B. Case #04-12 - Mt. Olive Church - 5218 Bartlett Blvd. - CUP/Variance Loren Gordon reviewed the request by Mt. Olive Church for a CUP amendment and variance request involving the incorporation of a memorial garden for the interment of cremated human remains on the church property. The Planning Commission and City Staff recommended approval with conditions. Mayor Meisel opened the public hearing at 9:32 p.m. Joel Reinitz, representing Mt. Olive Church, addressed the Council giving specifics of the request. It was noted that St. John's Church has a memorial garden of this type. Sherry Therres, 2521 Wilshire Blvd, voiced concern with a memorial garden going in her neighborhood. She has nothing against the church, but bought that property for the view and doesn't want to look over a graveyard and sadness. She likes the view the way it is and is very highly against placement of the memorial garden. The Council voiced drainage and screening concerns, as well as that as proposed the ashes will be deposited directly into the ground at least three inches under ground level, with no containers or urns. The question of requiring vaults because of drainage was raised. It was noted that letters of disapproval were received from Marvin Geyen, 5300 Bartlett Blvd, and Gerald & Rita Borseth. At.10:05 p.m. there was a MOTION by Hanus, seconded by Brown to table this case and continue the public hearing until July 13th, giving the applicant an opportunity to revamp his plan and incorporate issues raised tonight. All voted in favor. Motion carried. 4 - 1961 - Mound City Council Minutes - June 22, 2004 C. Amendment to City Code Chapter 350.651 (Zonin.q Ordinance) to modify lakeshore setback requirement in the Pedestrian District Srhith explained that this is a housekeeping item, to modify the 100-foot lakeshore setback requirement in the Pedestrian District for commercial and mixed uses to 50-feet for consistency with the standard lakeshore setback in the City of Mound. Mayor Meisel opened the public hearing at 10:08 p.m., and upon hearing no public comment, closed the public hearing at 10:09 p.m. MOTION by Hanus, seconded by Brown to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 05-2004: AN ORDINANCE AMENDING SUBSECTION 350.651 OF THE MOUND CITY CODE (ZONING ORDINANCE) TO MODIFY THE LAKESHORE SETBACK REQUIREMENT IN THE PEDESTRIAN DISTRICT FOR COMMERCIAL AND MIXED USE FROM 100 FEET TO 50 FEET. Mayor Meisel called for a recess and the meeting reconvened at 10:20 p.m. 7. Update: Orv Burma, Mound representative to LMCD Orv Burma reviewed the proposed budget for the LMCD for the year 2005. He was asked to approach the LMCD at their next meeting with the request that the DNR and Watershed District share in the costs of the budget, along with the 14 lake cities. The problems of the zebra mussels and milfoil, for example, should not just be the burden of the lake residents, but spread wider to cover more users of the lake. 8. Update: Mound MarketPlace and VillaGe By the Bay Brian Pellowski, representing Mound MarketPlace, updated the Council and presented a letter explaining the progress of the fountain. He stated it will be operational by the end of June. Vern Hanson gave an update on Village By the Bay, indicating that construction could be completed in Spring of 2005. **MOTION by Brown, seconded by Osmek to change the order of the remaining items on the agenda as suggested by John Dean, considering Item 10 next, followed by Item 9, 12, 11, 11A, 13 and 14. All voted in favor. Motion carried. 10. Review of structure at 2146 Cedar Lane and applicability with Zoning and Building Code requirements (Board of Adiustment and Al~13eals) Sarah Smith summarized that Annick Pratbernon is requesting review of the accessory structure located at 2146 Cedar Lane pursuant to City Code 350.505. The former Building Official deemed the structure to be a carport which is therefore subject to the accessory building requirements and ordered that it be removed. The owner is requesting that the structure be considered as a pergola and therefore be allowed to 5 -1962- Mound City Council Minutes - June 22, 2004 remain in its current location as it is more appealing than a temporary membrane structure, and is an architectural structure. The applicant states that upon inquiry, was told she did not need a building permit to erect this structure when built in May of 2003. The Council had discussion as to how this structure should be classified and if it constructed in the street right of way. MOTION by Meyer to allow the structure to remain as is and Meisel offered a friendly amendment to allow the structure, but direct staff to determine if it has been placed in the street right of way, and if so to make the necessary adjustments. Meyer accepted this amendment. MOTION by Hanus, seconded by Brown to table this item until July13th, and direct staff to go back and give a better definition as to how architectural features are defined, and to determine if the structure is in the public right of way. The following voted in favor: Brown, Hanus, Meisel and ©smek. The following voted against: Meyer. Motion carried. 9. Update: Loren Gordon of Hoisinqton Koe.qler Group, on AUAR (environmental study) for Mound Harbor Renaissance Development Project Loren Gordon gave an overview of the status of the AUAR, stating that the draft will be available this Fall for public review and comment, with a public open house being held to present findings, answer questions and discuss concerns. 12. Executive Session regarding Dreamwood case Attorney John Dean stated that the Council would now be going into Executive Session to discuss client/attorney privileged information regarding the pending Dreamwood Case. There were individuals that indicated they would like to make statements before the Executive Session. Matt Mizerny, 1947 Avocet, wanted to clarify that the document in the hands of the City's attorney is a draft document, not the firm agreement. Karl Weissenhorn, 1733 Bluebird, read a Notice of Agreement in Concern of Dreamwood Commons Residents and Disputed Lake Access and Commons Usage in DreamwoodNViota Area, which will be made a copy of the agenda Packet. Council went into Executive Session at 11:49 p.m. and reconvened at 12:25 p.m. John Dean stated that the Executive Session was regarding litigation in the Anderson vs. Mound case and met with the attorney representing the City to discuss the draft settlement agreement and give direction as to how to proceed in continuing discussions in terms of the settlement agreement. The attorney will be presenting those comments to the attorneys representing the abutters and non abutters in this case. 6 - 1 963- Mound City Council Minutes - June 22, 2004 11. Proposed amendment to City Code Chapter 330 (Subdivision Ordinance) to relate dock lot parcels Sarah Smith reviewed the proposed draft which would regulate dock lots which are physically separated and would be combined with a nearby residential property. The Planning Commission is suggested that the City use the CUP process for combination of these lots. Discussion followed with reference to use of the CUP process, distance between the dock lot and residential lot, conditions for use of the dock lot, hardcover, drainage, and required lot frontage. MOTION by Osmek, seconded by Hanus to table this item to allow for City Attorney review and proposed changes as discussed. The following voted in favor. Hanus, Meisel and Osmek. The following voted against: Brown and Meyer. Motion carried. 11A. Set special meetinq MOTION by Osmek, seconded by Meisel to set a special meeting for July 20, 2004, from 6:30 p.m. to 9:00 p.m., for the purpose of discussion/action on Key Financial Strategies and the Employee Health Care Savings Plan. All voted in favor. Motion carried, 13. Miscellaneous/Correspondence A. Report: Finance Department - May 2004 B. Correspondence: Westonka Healthy Community Collaborative C. LMC: Friday Fax D. Harbor Wine & Spirits: July specials E. Minutes: Park and Open Space Commission - June 10, 2004 F. Memo: Minnesota Municipal Beverage Association G. Letter: June 3, 2004 H. Letter: Metropolitan Council I. Calendar: LMCC - June 2004 14. Adjourn MOTION by Osmek, seconded by Hanus to adjourn at 12:55 a.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7 - 1964- ~-- JULY t3, 2004 CITY COUNCIL MEETING 061704SUE $1,094.24 JUNE 062304SUE $3,500.00 JUNE 063003SUE $4,758.95 JUNE 603004CRCARD$4,508.05 JUNE 070704SUE $6,068.02 JULY 071304S U E $963,704.22JULY TOTAL $983,633.48 - 1965- CITY OF MOUND Batch Name 061704SUE Payments Refer 61704 DOUGLAS COUNTY COURTHOUS Cash Payment Invoice 061704 Transaction Date G 101-22801 Deposits/Escrow 6/16/2004 6/16/2004 City of Mound Payments 06/17/04 10:33 AM Page 1 Current Period: June 2004 User Dollar Amt $1,094.24 Computer Dollar Amt $1,094.24 $0.00 In Balance #04-1810 Booking #7212 WARRANT $300.00 #T4041068 Wells Fargo 10100 Total $300.00 Refer 61704 MEEKER COUNTY COURTHOUSE Cash Payment G 101-22801 Deposits/Escrow #04-1764 BOOKING #7204 WARRANT $400,00 #T8400302 Invoice 061704 6/16/2004 Transaction Date 6/16/2004 Wells Fargo 10100 Total $400.00 Refer 61704 MOUND POST OFFICE Cash Payment E 601,49400-322 Postage invoice 061704 6/17/2004 Cash Payment E 602-49450-322 Postage Invoice 061704 6/17/2004 Transaction Date 6/17/2004 UTILITY BILLING POSTAGE UTILITY BILLING POSTAGE Wells Fargo 10100 $129.93 $129.93 Total $259.86 Refer 61704 TRUE VALUE, MOUND Cash Payment E 222,42260-200 Office Supplies VELCRO TAPE $3.40 Invoice 061704 6/14/2004 Transaction Date 6/16/2004 Wells Fargo 10100 Total $3.40 Refer 61704 VERIZON WIRELESS (P/W) Cash Payment E 101,43100-321 Telephone & Cells 04-18-04 THRU 05-17-04 SHARE PLAN $53.25 invoice 061704 6/16/2004 Cash Payment E 602,49450-321 Telephone & Cells 04-18-04 THRU 05-17-04 SHARE PLAN $53,25 Invoice 061704 6/16/2004 Cash Payment E 601,49400-321 Telephone & Cells 04-18-04 THRU 05-17-04 CELL PHONES $21.30 Invoice 061704 6/16/2004 Cash Payment G 101-22816 Personal Cell Phone 04-18-04 THRU 05-17-04 SHARE PLAN $3,18 Invoice 061704 6/16/2004 Transaction Date 6/16/2004 Wells Fargo 10100 Total $130,98 - 1966- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND City of Mound Payments 06/17/04 10:33 AM Page 2 Current Period: June 2004 10100 Wells Fargo $756.43 $3.40 $151.23 $183.18 $1,094.24 Pre-Written Check Chocks to be Generated by the Compute Total $0.00 $1,094.24 $1,094.24 - 1967- CITY OF MOUND Batch Name 062304SUE Payments City of Mound 06/24/04 3:56 PM Page 1 Payments Current Period: June 2004 User Dollar Amt $3,500.00 Computer Dollar Amt $3,500.00 $0.00 In Balance Refer 62304 PA TCHIN MESSNER AND DODD Cash Payment G 101-22908 Mound Harbor Renaissance Invoice 20413-4-B 5/18/2004 Transaction Date 6/21/2004 Fund Summary 101 GENERAL FUND 2301-2305 COMMERCE PLACE APPRAISALS $3,500.00 Wells Fargo 10100 Total $3,500.00 10100 Wells Fargo $3,500.00 $3,500.00 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $3,500.00 $3,500.00 - 1968- ~- City of Mound 06/30/04 2:49 PM Payments ! CiTY OF MOUND Batch Name 063004SUE Payments Current Period: June 2004 User Dollar Amt $4,758.95 Computer Dollar Amt $4,758.95 $0.00 In Balance Refer 63004 CARVER COUNTY COURTHOUSE Cash Payment G 101-22801 Deposits/Escrow CASE #04-1243 WT #0500605 $100.00 Invoice 063004 6/30/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $100.00 Refer 63004 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-45200-321 Telephone & Cells 06-04 472-0646 $19.58 Invoice 063004 6/30/2004 Transaction Date 6/18/2004 Wells Fargo 10100 Total $19.58 Refer 63004 LAKE MINNETONKA CHAMBER CO Cash Payment E 609-49750-340 Advertising 2004 TASTE OF THE LAKES REGISTRATION $125.00 Invoice 063004 6/30/2004 Transaction Date 6/30/2004 Wells Fargo 10100 Total $125.00 Refer 63004 MINNESOTA, STATE OF Cash Payment G 101-22805 Police Forfeiture Program DRUG TASK FORCE VEHICLE $4,000.00 invoice 063004 6/30/2004 ..~ Transaction Date 6/28/2004 Wells Fargo 10100 Total $4,000.00 Refer 63004 PEDERSON, GREG Cash Payment G 101-21715 Flex Plan Medical 2004 MEDICAL REIMBURSEMENT $210.00 Invoice 063004 6/30/2004 Cash Payment G 101-21715 Flex Plan Medical 2004 MEDICAL REIMBURSEMENT $154.37 Invoice 063004 6/30/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $364.37 Refer 63004 THIEF RIVER FALLS, CITY OF Cash Payment G 101-22801 Deposits/Escrow CASE #04-0579 BOOKING #7194 $150.00 Invoice 063004 6/30/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $150.00 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $4,633.95 609 MUNICIPAL LIQUOR FUND $125.00 $4,758.95 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $4,758.95 $4,758.95 - 1969- CITY OF MOUND Batch Name 063004CRCARD Payments Refer 63004 ELAN CREDIT CARD Cash Payment invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment invoice 063004 Cash Payment invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment invoice 063004 E 101-41310-430 Miscellaneous 6/30/2004 E 101-41310-434 Conference & Training 6/30/2004 E 101-41310-434 Conference & Training 6/30/2004 E 101-41310-430 Miscellaneous 6/30/2004 E 101-43100-321 Telephone & Cells 6/30/2004 E 601-49400-321 Telephone & Cells 6/30/2004 E 602-49450-321 Telephone & Cells 6/30/2004 E 101-43100-321 Telephone & Cells 6/30/2004 E 601-49400-321 Telephone & Cells 6/30/2004 E 602-49450-321 Telephone & Cells 6/30/2004 E 602-49450-430 Miscellaneous 6/30/2004 E 101-42400-434 Conference & Training 6~30~2004 E 101-42400-500 Capital Outlay FA 6/30/2004 E 101-41910-300 Professional Srvs 6/30/2004 E 222-42260-210 Operating Supplies 6/30/2004 E 222-42260-430 Miscellaneous 6/30/2004 E 222-42260-430 Miscellaneous 6/30/2004 E 609-49750-434 Conference & Training 6/30/2004 E 609-49750-210 Operating Supplies 6/30/2004 E 101-42110-431 Meeting Expense 6/30/2004 E 101-42110-431 Meeting Expense 6/3012004 E 101-42110-2'10 Operating Supplies 6130/2004 City of Mound Payments 07/06/04 11:07 AM Page 1 Current Period: June 2004 User Dollar Amt $4,508.05 Computer Dollar Amt $4,508.05 $0.00 In Balance Ck# 095096 6/30/2004 05-08-04 TARGET $147.99 $214.73 $199.00 -$11.99 $28.39 $28.39 $28.39 $21.28 $21.28 $21.28 $25.03 $50,00 $1,581.56 $30.95 $28.46 $293.90 $229.97 $359.00 $23.73 $629.79 $41.54 $31.93 05-14-04 CRAGUNS LODGE 05-27-04 GOVERNMENT TRAINING 05-31-04 TARGET 05-17-04 VERIZON CASE 05-17-04 VERIZON CASE 05-17-04 VERIZON CASE 05-18-04 VERIZON 05-18-04 VERIZON 05-18-04 VERIZON 05-19-04 WACONIA FARM CALCUIM CHOLORIDE 05-26-04 MICHAELS, GEOFF GOVERNMENT TRAINING 05-27-04 COMPUTER SMITH 05-19-04 INTERNET SERVICES 05-17-04 SHELF BRACKETS SCBA RM 05-27-04 SUNSET PTG/ADV SPEC 06-02-04 NETWORK SOLUTIONS 05-12-04 BREEZY POINT COLOTTI 05-27-04 OFFICE MAX MOUSE 05-07-04 AL/ALMA 05-22-04 CARBONES 05-25-04 BEST BUY TAPES - 1970- CITY OF MOUND Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 Cash Payment Invoice 063004 City of Mound 07/06/04 11:07 AM Page 2 Payments Current Period: June 2004 E 101-42110-434 Conference & Training 05-29-04 EXECUTIVE HOTEL $358.46 6/30/2004 E 101-43100-434 Conference & Training 05-13-04 GRANDVIEW LODGE NISSWA $41.67 6/30/2004 E 601-49400-434 Conference & Training 05-13-04 GRANDVIEW LODGE NISSWA $41.67 6/30/2004 E 602-49450-434 Conference & Training 05-13-04 GRANDVIEW LODGE NISSWA $41 6/3012004 Transaction Date 7/2/2004 Wells Fargo 10100 Total $4 508.05 Fund Summary lOl GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 10100 Wells Faro $3,365.30 $552.33 $91.34 $116.35 $382.73 $4,508.05 Pre-Written Check Checks to be Generated by the Compute Total $4,508.05 $0.00 $4,508.05 - - 1971 - CITY OF MOUND Batch Name 070704SUE Payments Refer 70704 DEPARTMENT NATURAL RESOUR Cash Payment Invoice 070704 Transaction Date G 101-22801 Deposits/Escrow 7/7/2004 7/6/2004 City of Mound Payments 07/07/04 11:38 AM Page 1 Current Period: July 2004 User Dollar Amt $6,068.02 Computer Dollar Amt $6,068,02 $0.00 In Balance CASE #04-0579 BOOKING #7194 $150.00 Wells Fargo 10100 Total $150.00 Refer 70704 HARDINA, DAMON Cash Payment G 101-21715 Flex Plan Medical 2004 REIMBURSE MEDICAL $1,128.89 Invoice 070704 7/7/2004 Transaction Date 7/712004 Wells Fargo 10100 Total $1,128.89 Refer 70704 HENNEPIN COUNTY TREASURER Cash Payment G 101-22994 MHR Alternative Urban Area PROPERTY TAX FILE $200.00 Invoice 070704 7/7/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $200.00 Refer 70704 MINNESOTA BOARD PEACE OFFI Cash Payment E 101-42110-433 Dues and Subscriptions LICENSE, SCHWALBE,NICK $90.00 Invoice 070704 7/7/2004 PO 18417 Transaction Date 7/7/2004 Wells Fargo 10100 Total $90.00 Refer 70704 NEXTEL COMMUNICATIONS (FIRE . Cash Payment E 222-42260-321 Telephone & Cells 05-19-04 THRU 06-18-04 CELL PHONES $99.77 Invoice 070704 7/7/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $99.77 Refer 70704 NEXTEL COMMUNICATIONS (PAR Cash Payment invoice 070704 Cash Payment Invoice 070704 Casin Payment Invoice 070704 Cash Payment Invoice 070704 Cash Payment Invoice 070704 Cash Payment Invoice 070704 Cash Payment Invoice 070704 Transaction Date E 101-45200-321 Telephone & Cells 7/7/2004 E 101-45200-321 Telephone & Cells 7/7/2004 E 101-45200-321 Telephone & Cells 7/7/2004 E 281-45210-321 Telephone & Cells 7/7/2004 E 101-45200-321 Telephone & Cells 7/7/2004 E 101-42400-321 Telephone & Cells 7/7/2004 E 101-42400-321 Telephone & Cells 7/7/2004 6/28/2004 05-19-04 THRU 06-18-04 612-221-6740 BERENT,BRIAN $35.40 05-19-04 THRU 06-18-04 612-221-6974 TAFFE,JOHN $16.34 05-19-04 THRU 06-18-04 612-221-6812 #15 FACKLER,JIM $87.98 05-19-04 THRU 06-18-04 612-221-6813 HOFF,KATIE $31.74 05-19-04 THRU 06-18-04 612-221-8385 SWARTZER,BRIAN $36.47 05-19-04 THRU 06-18-04 612-282-5889 SMINONEAU,MATT $71.55 05-19-04 THRU 06-18-04 612-363-5883 NORLANDER,JILL $29.59 Wells Fargo 10100 Total $309.07 Refer 70704 NEXTEL COMMUNICATIONS (POLl - 1972- CITY OF MOUND City of Mound 07/07/0411:38 AM Page 2 Payments Currant Period: July 2004 Cash Payment E 101-42110-321 Telephone & Cells 05-19-04 THRU 06-18-04 CELL PHONES $553.67 Invoice 070704 7/7/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $553.67 Refer 70704 NICCUM, DAN/EL Cash Payment G 101-21715 Flex Plan Medical 2004 MEDICAL REIMBURSEMENT $22.27 Invoice 070704 7~7~2004 Transaction Date 7/1/2004 Wells Fargo 10100 Total $22.27 Refer 70704 PETZ, ZACHORY Cash Payment G 101-21715 Flex Plan Medical 2004 MEDICAL REIMBURSEMENT $464.54 Invoice 070704 7/7/2004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $464.54 Refer 70704 SPEEDWA Y SUPERAMERICA (P/W Cash Payment E 101-45200-212 Motor Fuels $48.31 Invoice 070704 7/7/2004 Cash Payment E 101-43100-212 Motor Fuels $931.28 Invoice 070704 7/7/2004 Cash Payment E 601-49400-212 Motor Fuels $728.29 invoice 070704 7/7/2004 Cash Payment E 602-49450-212 Motor Fuels $356.62 Invoice 070704 7/7/2004 Transaction Date 6/29/2004 Total $2,064.50 Refer 70704 SPEEDWAY SUPERAMERICA (PAR Cash Payment E 101-45200-212 Motor Fuels THRU 06-26-04 GASOLINE CHARGES $158.56 Invoice 070704 7/7/2004 Transaction Date 6/2912004 Wells Fargo 10100 Total $158.56 THRU 06-26-04 GASOLINE CHARGES THRU 06-26-04 GASOLINE CHARGES THRU 06-26-04 GASOLINE CHARGES THRU 06-26-04 GASOLINE CHARGES Wells Fargo 10100 Refer 70704 VERIZON WIRELESS (P/W) Cash Payment E 101-43100-321 Telephone & Cells 06-10-04 CELL PHONES $127.80 Invoice 070704 7/7/2004 Cash Payment E 601-49400-321 Telephone & Cells 06-10-04 CELL PHONES $327.02 Invoice 070704 7/7/2004 Cash Payment E 602-49450-321 Telephone & Cells 06-10-04 CELL PHONES $63.90 Invoice 070704 7/7/2004 Cash Payment G 101-22816 Personal Cell Phone 06-10-04 CELL PHONES $308.03 invoice 070704 7/7/2004 Transaction Date 7/1/2004 Wells Fargo 10100 Total $826.75 - 1973- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND City of Mound Payments 07/07/04 11:38 AM Page 3 Current Period: July 2004 10100 Wells Fargo $4,460.68 $99.77 $31.74 $1,055.31 $420.52 $6,O68.O2 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $6,068.02 $6,068.02 - 1974- City of Mound 07108/0410:00 AM /"/ ~ '~ Page 1 / Payments CITY OF MOUND Batch Name 071304SUE Payments Current Period: July 2004 User Dollar Amt $963,704.22 Computer Dollar Amt $963,704.22 $0.00 In Balance Refer 71304 3M COMPANY Cash Payment E 101-43100-226 Sign Repair Materials ~ TAPE,ETC $1,04t .79 invoice TP26497 6/15/2004 PO 18320 Cash Payment E 101-43100-226 Sign Repair Materials TAPE,ETC $1,150.20 Invoice TP26496 6/15/2004 PO 18320 Cash Payment E 101-43100-226 Sign Repair Materials TAPE,ETC $66.16 Invoice TP26498 6/15/2004 PO 18320 Transaction Date 6/29/2004 Wells Fargo 10100 Total $2,258.15 Refer 71304 A & S TRAINING, LLC Cash Payment E 101-42110-434 Conference & Training 06-14-04 FORCE/FIREARMS INSTRUCTION $1,200.00 MURRAY Invoice DS-P-04-1 6/14/2004 PO 18413 Transaction Date 6/28/2004 Wells Fargo 10100 Total $1,200.00 Refer 71304 ABDO EICK AND MEYERS, LLP Cash Payment E 101-41500-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $4,725.63 invoice 214808 7/6/2004 ~'"~. Cash Payment E 222-42260-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $2,362.81 Invoice 214808 7/6/2004 Cash Payment E 281-45210-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $861.11 Invoice 214808 7/6/2004 Cash Payment E 401-46540-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $1,050.14 Invoice 214808 7/6/2004 Cash Payment E 455-46380-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $1,575.21 Invoice 214808 7/6/2004 Cash Payment E 601-49400-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $1.869.25 Invoice 214808 7/6/2004 Cash Payment E 602-49450-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $2,016.27 Invoice 214808 7/6/2004 Cash Payment E 609-49750-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $3,339.44 Invoice 214808 7/6/2004 Cash Payment E 670-49500-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $525.07 Invoice 214808 7/6/2004 Cash Payment E 675-49425-301 Auditing and Acct'g Servi 12-31-03 AUDIT ACT $525.07 Invoice 214808 7/6/2004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $18,850.00 Refer 71304 ABM EQUIPMENT AND SUPPLY, IN Cash Payment E 602-49450-221 Equipment Parts invoice 076153-00 6/16/2004 PO 18321 Cash Payment E 602-49450-221 Equipment Parts Invoice 076401-00 6/16/2004 Cash Payment E 101-49999-500 Capital Outlay FA nvoice 74029-00 6/16/2004 PO 18220 ' Cash Payment R 101-39101 Sales of General Fixed Asset TRADE IN Invoice 47029-00 6/16/2004 PO 18224 MISCELLANEOUS SUPPLIES PIG TAIL 3 WIRE 2004 FORD F550 CHASSIS/FIBERGLASS BODY $279.39 $22.73 $75,743.06 -$1,500,00 - 1975- CITY OF MOUND Transaction Date 6/29/2004 City of Mound Payments 07~08~04 10:00 AM Page 2 Current Period: July 2004 Wells Fargo 10100 Total $74,545.18 Refer 71304 ACTION RADIO AND COMMUNICA Cash Payment E 222-42260-210 Operating Supplies BELT CLIPS $45.92 Invoice 10231 6/25/2004 PO 18504 Transaction Date 7/7/2004 Wells Fargo 10100 Total $45.92 Refer 71304 AMCON Cash Payment E 496-46580-500 Capital Outlay FA PUBLIC SAFETY BUILDING $1,200.00 Invoice 053104-1 5/31/2004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $1,200.00 Refer 71304 AMERICAN TEST CENTER, INCOR Cash Payment Invoice 2041978 Transaction Date E 222-42260-300 Professional Srvs 6/18/2004 6/28/2004 SUTPHEN FIRE TRUCK TEST Wells Fargo 10100 $1,270.00 Total $1,270.00 Refer 71304 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 438417007 6/18/2004 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 438417109 6/18/2004 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 438417315 6/18/2004 Cash Payment E 609-49750-255 Misc Merchandise For R ICE invoice 438417811 6/18/2004 Cash Payment E 609-49750-255 Misc Merchandise For R ICE Invoice 4389417707 6/18/2004 Cash Payment E 609-49750-255 Misc Merchandise For R Invoice 438418016 6/18/2004 Cash Payment E 609-49750-255 Misc Merchandise For R Invoice 438416413 6/18/2004 Cash Payment E 609-49750-255 Misc Merchandise For R Invoice 438416613 6/18/2004 Transaction Date 6/21/2004 ICE ICE ICE Wells Fargo $44.53 $93.48 $105.99 $159.42 $47.25 $87.42 $137.70 $82,11 10100 Total $757.90 Refer 71304 AWD COOLERS OF MINNESOTA Cash Payment E 101-43100-210 Operating Supplies Invoice 071304 7/13/2004 Cash Payment E 601-49400-210 Operating Supplies invoice 071304 7/13/2004 Cash Payment E 602-49450210 Operating Supplies Invoice 071304 7/13/2004 06-04 WATER $20.18 06-04 WATER $20,18 06-04 WATER $20.19 Transaction Date 7/6/2004 Wells Fargo 10100 Total $60.55 Refer 71304 BABB, PAUL Cash Payment E 222-42260-434 Conference & Training REIMBURSE 2004 MSFDA CONFERENCE $264,20 Invoice 071304 7/13/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $264,20 Refer 71304 BAYSIDEFLORAL Cash Payment G 101-22808 Adopt A Green Space Invoice 31259 6/1912004 GREENSPACE DEPOT $351.00 - 1976- .- CITY OF MOUND Transaction Date 7/7/2004 City of Mound Payments 07/08104 10:00 AM Page 3 Current Period: July 2004 Wells Fargo 10100 Total $351.00 Refer 71304 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 29839500 6/18/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 29856600 6/18/2004 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE invoice 38563800 6/18/2004 Cash Payment E 509-49750-255 Misc Merchandise For R MERCHANDISE Invoice 38572300 6/18/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 29895300 6/18/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 2991340 6/18/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 29927800 6/18/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 29864500 6/18/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 29777800 6/18/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 29996200 6/18/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 29928700 6/18/2004 Transaction Date 6/21/2004 $1,715.85 $2,513.95 $31.48 $237.47 WINE $1,394.00 LIQUOR $819.00 LIQUOR $1,472.05 CREDIT-LIQUOR -$25~.95 LIQUOR $1,937.85 LIQUOR $3,012.95 WINE $181.8O Wells Fa rgo 10100 Total $13,057.45 Refer 71304 BFI OF MINNESOTA, INC. Cash Payment E 101-42110-384 Refuse/Garbage Dispos 06-04 GARBAGE SERVICE $70.16 Invoice 071304 7/13/2004 Cash Payment E 222-42260-384 Refuse/Garbage Dispos 06-04 GARBAGE SERVICE $70.15 Invoice 071304 7/13/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $140.31 Refer 71304 BIFFS,/NC PORTABLE RESTRO0 Cash Payment E 101-45200-410 Rentals (GENERAL) SPECIAL EVENT MOUND BAY PARK $213.00 Invoice W224531 6/18/2004 Transaction Date 6/22/2004 Wells Fargo 10100 Total $213.00 Refer 71304 BLACKOWIAK AND SON ROLLOFF Cash Payment E 101-43100-440 Other Contractual Servic 7 MONTH RENTAL 50 CY ROLLOFF $238.33 Invoice 2993 6/18/2004 Cash Payment E 601-49400-440 Other Contractual Servic 7 MONTH RENTAL 50 CY ROLLOFF $238.33 Invoice 2993 6/18/2004 Cash Payment E 602-49450-440 Other Contractual Servic 7 MONTH RENTAL 50 CY ROLLOFF $238.34 Invoice 2993 6/18/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $715.00 Refer 71304 BRYAN ROCK PRODUCTS Cash Payment E 601-49400-224 Street Maint Materials 3/4 MINUS (CL2) Invoice 071304 7/13/2004 Transaction Date 6/29/2004 Wells Fargo $3,154.10 10100 Total $3,154.10 - 1977- CITY OF MOUND City of Mound Payments 07/08/04 10:00 AM Page 4 Current Period: July 2004 Refer 71304 BUREAU OF CRIMINAL APPREN T E 101-42110-434 Conference & Training 5/18/2004 PO 18165 E 101-42110-434 Conference & Training 5/18/2004 PO 18166 6/23/2004 Cash Payment Invoice 1379 Cash Payment Invoice 1355 Transaction Date 05-12-04 BECK MOTIVATIONAL LEADERSHIP $120.00 05-11-04 BECK MANAGEMENT IN ACTION $60.00 Wells Fargo 10100 Total $180.00 Refer 71304 BUSINESS FORMS AND ACCOUNT Cash Payment E 101-41910-210 Operating Supplies CHECKS ACCOUNTS PAYABLE $269.04 Invoice 32980 6/17/2004 PO 14875 Transaction Date 6/2112004 Wells Fargo 10100 Total $269.04 Refer 71304 CARQUESTOFNAVARRE Cash Payment E 101-43100-220 Repair/Maint Supply FILTERS,ETC $21.50 Invoice N34402 6/14/2004 PO 18323 Cash Payment E 601-49400-220 Repair/Maint Supply FILTERS,ETC $2t.50 Invoice N34402 6/14/2004 PO 18323 Cash Payment E 602-49450-220 Repair/Maint Supply FILTERS,ETC $21.50 Invoice N34402 6/14/2004 PO 18323 Cash Payment E 101-43100-221 Equipment Parts GAR CHARGER $52.31 Invoice N35074 6/14/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $116.81 Refer 71304 CAT AND FIDDLE BEVERAGE Cash Payment E 609-49750-253 Wine For Resale WINE $1,025.00 Invoice 38907 6/23/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $120.00 Invoice 38913 6/23/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $1,145.00 Refer 71304 CENTERPOINT ENERGY (MINNEG _ Cash Payment E 222-42260-383 Gas Utilities 05-19-04 THRU 06-21-94 $121.10 Invoice 071304 7/13/2004 Cash Payment E 101-42110-383 Gas Utilities 05-19-04 THRU 06-21-04 $80.74 Invoice 071304 7/13/2004 Transaction Date 7/7/2004 Wells Fargo ,10100 Total $201 Refer 71304 CHADWICK AND MERTZ Cash Payment E 101-41600-304 Legal Fees 06-04 PROFESSIONAL SERVICES $6,290.10 Invoice 071304 7/13/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $6,290,1 Refer 71304 CHAMPION AUTO Cash Payment E 601-49400-221 Equipment Parts TRAILER ADAPTER $10.64 Invoice D264902 6117/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $10.64 Refer 71304 CLASSIFIEDS, ROUNDUP, LAKER, Cash Payment E 101-42400-351 Legal Notices Publishing 05-29-04 CLASSIFIED AD $107.70 Invoice 34242 7/1312004 Cash Payment E 101-42400-351 Legal Notices Publishing 06-05-04 CLASSIFIED AD $107.70 Invoice 34242 7/1312004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $215.40 - 1978 City of Mound 07/08/04 10:00 AM ~""'---~-"'~ Page 5 ,//'/...,,,.,-~L '~'~ Payments CITY OF MOUND Current Period: July 2004 Refer 71304 COCA COLA BOTTLING-MIDWEST Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $383.50 Invoice 83403052 6/24/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $383.50 Refer 71304 CONCRETE CUTTING AND CORIN Cash Payment E 101-43100-218 Clothing and Uniforms BOOTS $898.35 Invoice 24906 6/8/2004 PO 18332 Cash Payment E 601-49400-218 Clothing and Uniforms BOOTS $359.07 Invoice 24906 6/8/2004 PO 18332 Cash Payment E 602-49450-218 Clothing and Uniforms BOOTS $539.01 invoice 24906 6/8/2004 PO 18332 Cash Payment E 101-45200-218 Clothing and Uniforms BOOTS $359.67 invoice 24906 6/8/2004 PO 18332 Transaction Date 7/7/2004 Wells Fargo 10100 Total $2,156.10 Refer 71304 COVERALL CLEANING CONCEPTS Cash Payment Invoice 86956 Cash Payment Invoice 86956 Cash Payment Invoice 86956 Cash Payment Invoice 86956 Cash Payment invoice 86956 Cash Payment Invoice 86956 Cash Payment Invoice 86956 Transaction Date E 101-41910-460 Janitorial Services 7/1/2004 E 222-42260-460 Janitorial Services 7/1/2004 E 101-42110-460 Janitorial Services 7/1/2004 E 101-43100-460 Janitorial Services 7/1/2004 E 601-49400-460 Janitorial Services 7/1/2004 E 602-49450-460 Janitorial services 7/1/2004 E 609-49750-460 Janitorial Services 7/1/2004 7/6/2004 07-04 CLEANING SERVICE 07-04 CLEANING SERVICE 07-04 CLEANING SERVICE 07-04 CLEANING SERVICE 07-04 CLEANING SERVICE 07-04 CLEANING SERVICE 07-04 CLEANING SERVICE Wells Fargo 10100 $1,166.18 $756.58 $504.38 $46.15 $46.15 $46.15 $199.15 Total $2,764.74 Refer 71304 CRETE WORKS, INCORPORATED Cash Payment E 601-49400-440 Other Contractual Servic 5950 BEACHWOOD ROAD $2,500.00 Invoice 071304 7/13/2004 Cash Payment E 101-43100-440 Other Contractual Servic 4913/4929 BARTLETT $2,500.00 Invoice 071304 7/13/2004 Cash Payment E 602-49450-440 Othe~ Contractual Servic 4939 BARTLETT $2,750.00 Invoice 071304 7/13/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $7,750.00 Refer 71304 DAVIES WATER EQUIPMENT Cash Payment E 601-49400-221 Equipment Parts METERS 1" $194.48 Invoice 3236167 6/23/2004 PO 18331 Transaction Date 7/7/2004 Wells Fargo 10100 Total $194.48 Refer 71304 DAY DISTRIBUTING COMPANY Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $322.50 ~nvoice 269417 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $1,301.15 Invoice 269804 6/18/2004 -- - 1979- CITY OF MOUND Cash Payment Invoice 269813 Cash Payment Invoice 270335 Cash Payment Invoice 268808 Cash Payment invoice 268800 Cash Payment Invoice 270705 Cash Payment City of Mound Payments 07/08/04 10:00 AM Page 6 Current Period: July 2004 E 609-49750-252 Beer For Resale BEER $51.60 6/18/2004 E 609-49750-252 Beer For Resale BEER $50.00 6/1812004 E 609-49750-254 Soft Drinks/Mix For Resa MIX $104.60 6/18/2004 E 609-49750-252 Beer For Resale BEER $3,346.65 6/18/2004 E 609-49750-252 Beer For Resale BEER $1,765.95 6/18/2004 E 609-49750-252 Beer For Resale BEER $200.00 Invoice 265134-B 6/18/2004 Transaction Date 6/21/2004 Wells Fargo 10100 Total $7,142.45 Refer 71304 E-Z RECYCLING Cash Payment E 670-49500-440 Other Contractual Servic 07-04 CURBSIDE RECYCLING $8,326.48 Invoice 6817 7/1/2004 Transaction Date 7~6/2004 Wells Fargo 10100 Total $8,326.48 Refer 71304 EAST SIDE BEVERA GE Cash Payment E 609-49750-252 Beer For Resale BEER $502.50 invoice 44343 6/17/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $6,039.55 invoice 223350 6/17/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $132.00 Invoice 44467 6/1712004 Cash Payment E 609-49750-252 Beer For Resale BEER $6,784.85 invoice 223444 6/1712004 Cash Payment E 609-49750-252 Beer For Resale BEER $1,874.70 Invoice 223242 6/17/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $250.50 Invoice 44559 6/17/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $3,320.23 Invoice 223554 6/17/2004 Transaction Date 6/18/2004 Wells Fargo 10100 Total $18,904.33 Refer 71304 EMERGENCY MANAGERS ASSOC. Cash Payment E 101-42110-434 Conference & Training 09-19-04 TRAINING CONFERENCE $100.00 Invoice 071304 7/13/2004 PO 18420 Transaction Date 7/7/2004 Wells Fargo 10100 Total $100.00 Refer 71304 ENVIRONMENTAL ASSOCIATES Cash Payment E 401-46540-:~00 Professional Srvs THRU 06-30-04 REQUEST #7 $66,509.50 Invoice 071304 7/13/2004 Transaction Date 7/7~2004 Wells Fargo 10100 Total $66,509.50 Refer 71304 ENVIRONMENTAL EQUIPMENT AN Cash Payment E 101-43100-220 Repair/Maint Supply GUTTER BROOMS,TIRE,RIM $1,618.80 Invoice 4354 6/16/2004 Cash Payment E 101-43100-404 Repairs/Maint Machinery STREET SWEEPER $520.86 Invoice 4357 6/16/2004 Cash Payment E 101-43100-221 Equipment Parts SWITCH BROOM WATER $59.48 Invoice 4396 6/16/2004 - 1980 CITY OF MOUND Transaction Date 6/29/2004 City of Mound Payments 07/08/04 10:00 AM Page 7 Current Period: July 2004 Wefts Fargo 10100 Total $2,199.14 Invoice CT2614 Transaction Date Refer 71304 ESS BROTHERS AND SONS, INCO Cash Payment E 602-49450-220 Repair/Maint Supply RINGS & SEALANT 6/22/2004 PO 18325 7/7/2004 Wells Fargo $346.13 10100 Total $346.13 Refer 71304 EXTREME BEVERAGE Cash Payment Invoice 213504 Transaction Date E 609-49750-254 Soft Drinks/Mix For Resa MIX 6/24/2004 6/28/2004 Wells Fargo $64,00 10100 Total $64.00 Refer 71304 FEDERAL EXPRESS Cash Payment E 401-46540-300 Professional Srvs Invoice 1-878-85706 7/1312004 Transaction Date 7/7/2004 GREENWAY CONSTRUCTION Wells Fargo 10100 $40.24 Total $40.24 Refer 71304 FRONTIER/CITIZENS COMMUNICA Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Transaction Date E 101-41910-321 Telephone & Ceils 7/13/2004 E 101-43100-321 Telephone & Cells 7/13/2004 E 601-49400-321 Telephone & Cells 7/13/2004 E 602-49450-321 Telephone & Cells 7/13/2004 E 101-41910-321 Telephone & Cells 7/13/2004 E 101-41910-321 Telephone & Cells 7/13/2004 E 101-419t0-321 Telephone & Cells 7/13/2004 E 101-41910-321 Telephone & Cells 7/13/2004 E 101-41910-321 Telephone & Cells 7/13/2004 E 101-41910-321 Telephone & Cells 7/13/2004 E 101-42110-321 Telephone & Cells 7/13/2004 E 222-42260-321 Telephone & CeJIs 7/I 3/2004 7/6/2004 CREDIT--472-0641 06-04 472-0635 06-04 472-0635 06-04 472-6035 CREDIT-472-0633 CREDIT-472-0693 CREDIT-472-0654 CREDIT--472-0694 CREDIT-472-0692 05-04 472-0600 05-04 472-0600 05-04 472-0600 Wells Fargo 10100 Total -$14.09 $367.19 $367.19 $367,19 -$18.19 -$44.60 -$44.60 -$44.60 -$44.60 $958.68 $399.45 $269.67 $2,518.69 Refer 71304 G & K SERVICES Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 6150143 Cash Payment Invoice 6150143 Cash Payment invoice 6150143 Cash Payment invoice 6150143 7/13/2004 E 601-49400-218 Clothing and Uniforms 7/13/2004 E 602-49450-218 Clothing and Uniforms 7/13/2004 E 101-43100-230 Shop Materials 7/13/2004 06-15-04 UNIFORMS 06-15-04 UNIFORMS 06-15-04 UNIFORMS 06-15-04 MATS $29.90 $29.90 $29.89 $27.35 -- -1981 - CITY OF MOUND Cash Payment invoice 6150143 Cash Payment Invoice 6150143 Cash Payment Invoice 6156700 Cash Payment Invoice 6156701 Cash Payment Invoice 6156698 Cash Payment Invoice 6156689 Cash Payment Invoice 6156688 Cash Payment invoice 6156699 Cash Payment Invoice 6156699 Cash Payment Invoice 6156699 Cash Payment Invoice 6156699 Cash Payment Invoice 6156699 Cash Payment Invoice 6156699 Cash Payment Invoice 6169747 Cash Payment Invoice 6169748 Cash Payment Invoice 6163233 Cash Payment Invoice 6163233 Cash Payment Invoice 6163233 Cash Payment Invoice 6163233 Cash Payment Invoice 6163233 Cash Payment Invoice 6163233 Cash Payment Invoice 6169745 Transaction Date City of Mound Payments 07/08/04 10:00 AM Page 8 Current Period: July 2004 E 601-49400-230 Shop Materials 06-15-04 MATS $27.35 7/13/2004 E 602-49450-230 Shop Materials 06-15-04 MATS 7/13/2004 E 101-45200-223 Building Repair Supplies 06-22-04 MATS 7/13/2004 E 101-41910-460 Janitorial Services 7/13/2004 E 609-49750-460 Janitorial Services 7/13/2004 E 101-42110-460 Janitorial Services 7/13/2004 E 222-42260-216 Cleaning Supplies 7/13/2004 E 101-43100-218 Clothing and Uniforms 7/13/2004 E 601-49400-218 Clothing and Uniforms 7/I 3/2004 E 602-49450-218 Clothing and Uniforms 7/13/2004 E 101-43100-230 Shop Materials 7/13/2004 E 601-49400-230 Shop Materials 7/1312004 E 602-49450-230 Shop Materials 7/13/2004 E 101-45200-223 Building Repair Supplies 07-06-04 MATS · 7/13/2004 E 101-41910-460 Janitorial Services 7/13/2004 E 101-43100-218 Clothing and Uniforms 7/13/2004 E 601-49400-218 Clothing and Uniforms 7/13/2004 E 602-49450-218 Clothing and Uniforms 7/1312004 E 101-43100-230 Shop Materials 7/13/2004 E 601-49400-230 Shop Materials 7/13~2004 E 602-49450-230 Shop Materials 7/13~2004 E 609-49750-460 Janitorial Services 7/1312004 7/7/2004 06-22-04 MATS 06-22-04 MATS 06-22-04 MATS 06-22-04 MATS 06-22-04 UNIFORMS 06-22-04 UNIFORMS 06-22-04 UNIFORMS 06-22-04 MATS 06-22-04 MATS 06-22-04 MATS 07-06-04 MATS 06-29-04 UNIFORMS 06-29-04 UNIFORMS 06-29-04 UNIFORMS 06-29-04 MATS 06-29-04 MATS 06-29-04 MATS 07-06-04 Wells Fargo 10100 Total $27.35 $77.26 $97.01 $28.30 $38.55 $78.33 $40.02 $40.02 $40.01 $23.94 $23.94 $23.94 $48.83 $78.81 $34.80 $34,80 $34.79 $25.72 $25,72 $25,72 $42,47 $1,034.72 Refer 71304 GALLS, INCORPORATED Cash Payment G 101-22803 Police Reserves Invoice 5713939700012 6/18/2004 Transaction Date 6/28/2004 CPR MASK Wells Fargo 10100 Total $44.66 $44.66 - 1982- CiTY OF MOUND City of Mound Payments Current Period: July 2004 07/08/04 10:00 AM Page 9 Refer 71304 GARY'S DIESEL SERVICE Cash Payment E 101-43100-404 Repairs/Maint Machinery CLEAN SHOES,BACKING PLATE,ETC $276.18 Invoice 63639 5/13/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $276.18 Refer 71304 GLENWOOD INGLEWOOD Cash Payment E 101-41310-210 Operating Supplies 06-04 WATER $6.71 Invoice 071304 7/13/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $6.71 Refer 71304 GME CONSULTANTS Cash Payment E 401-43104-300 Professional Srvs 04-21-04 THRU 06-19-04 2004 STREET $2,677.66 RECONSTRUCTION Invoice 19900 6/25/2004 TransacUon Date 6/29/2004 Wells Fargo 10100 Total $2,677.66 Refer 71304 GOVERNMENT FINANCE OFFICER Cash Payment E 101-41500-434 Conference & Training 09-22-04 MGFOA CONFERENCE $200.00 Invoice 071304 7/13/2004 PO 18639 Transaction Date 7/6/2004 Wells Fargo 10100 Total $200 Refer 71304 GRADY, KEVIN Cash Payment E 222-42260-434 Conference & Training REIMBURSE 2004 MSFDA CONFERENCE $264.20 Invoice 071304 7/13/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $264.20 Refer 71304 GRAND PERE WINES, INCORPOR Cash Payment E 609-49750-253 Wine For Resale WINE $892.00 Invoice 625048 6/23/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $892.00 Refer 71304 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-253 Wine For Resale WINE $222.78 Invoice 904120 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,659.38 Invoice 904121 6/16/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa CREDIT-MIX -$58.70 Invoice 641977 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR -$153.74 Invoice 642236 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $970.87 Invoice 907494 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $601.31 Invoice 907493 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $248.18 Invoice 907476 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$16.50 Invoice 641762 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$11.83 Invoice 642771 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $186.05 Invoice 910844 6/16/2004 -- - 1983- CiTY OF MOUND City of Mound Payments 07/08/04 10:00 AM Page 10 Current Period: July 2004 .... Cash Payment E 609-49750-253 Wine For Resale WINE $1,323.20 Invoice 910850 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $283.43 invoice 910876 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,864.98 Invoice 910877 6/16/2004 Transaction Date 6/21/2004 Wells Fargo 10100 Total $10,119.41 Refer 71304 HAWK LABELING SYSTEMS Cash Payment E 222-42260-200 Office Supplies TAPE FOR LABELING SYSTEM $60.80 Invoice 139144 6/24/2004 PO 18505 Transaction Date 7~7/2004 Wells Fargo 10100 Total $60.80 Refer 71304 HAWKINS, INCORPORATED Cash Payment E 601-49400-227 Chemicals HYDORFLUOSILICIC ACID $1,395.39 invoice 626273 6/16/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $1,395.39 Refer 71304 HECKSEL MA CHINE SHOP Cash Payment E 101-43100-221 Equipment Parts BALL WITH HITCH $68.15 invoice 50935 5/10/2004 Cash Payment E 101-43100-221 Equipment Parts BALL WITH HITCH $56.71 invoice 50936 5/10/2004 Cash Payment E 101-43100-221 Equipment Parts STEEL FOR SHOP $20.58 Invoice 50937 5/10/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $145.44 Refer 71304 HENNEPIN COUNTY SHERIFF'S A Cash Payment E 101-41600-450 Board of Prisoners 05-04 BOOKING FEE $1,326.94 Invoice 199 6/1112004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $1,326.94 Refer 71304 HENNEPIN COUNTY TREASUR (R _ Cash Payment E 101-41600-450 Board of Prisoners 05-04 ROOM AND BOARD $975.25 Invoice 000531 6/21/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $975.25 Refer 71304 HENNEPIN COUNTY TREASURER( Cash Payment E 101-42400-300 Professional Srvs FILING FEES Invoice 071304 7/13/2004 Transaction Date 7/7/2004 Wells Fargo $87.00 10100 Total $87.00 Refer 71304 HENNEPIN COUNTY TREASURER Cash Payment E 101-41550-440 Other Contractual Servic 2004 ASSESSOR SERVICES Invoice CA2422 6/14/2004 Transaction Date 6/30/2004 Wells Fargo 10100 $77,833.24 Total $77,833.24 Refer 71304 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER Invoice 334031 6/21/2004 Transaction Date 6/23/2004 Wells Fargo $436.30 10100 Total $436.30 Refer 71304 HOME DEPOT/GECF Cash Payment E 101-45200-220 RepaidMaint Supply Invoice 071304 7/13/2004 PO 18330 DRILL AND BATTERY $190.64 - 1984- CITY OF MOUND Transaction Date 6/29/2004 Refer 71304 IKON OFFICE MACHINES Cash Payment E 101-42110-202 DupiicaUng and copying Invoice 23308136 6/24/2004 Transaction Date 6/29/2004 City of Mound Payments 07/08/04 10:00 AM Page 11 Current Period: July 2004 Wells Fargo 10100 Total $190.64 06-24-04 THRU 07-24-04 MAINTENANCE $151.46 Wells Fargo 10100 Total $151.46 Refer 71304 INFRATECH Cash Payment E 401-43104-300 Professional Srvs SPOT LINING $12,600.00 Invoice 0400795 5/5/2004 PO 18293 Cash Payment E 401-43104-300 Professional Srvs MINERAL DEPOSITS $1,850.00 Invoice 0400794 5/5/2004 Cash Payment E 602-49450-220 Repair/Maint Supply TRACTOR CABLE $97.45 Invoice 0400952 5/5/2004 Transaction Date 6/23/2004 Wefts Fargo 10100 Total $14,547.45 Cash Payment Invoice 16091 Cash Payment Invoice 16198 Cash Payment Invoice 16292 Cash Payment invoice 16114 Transaction Date Refer 71304 lOS CAPITAL Cash Payment E 222-42260-202 Duplicating and copying CANON MAINTENANCE $104.74 Invoice 62613857 7/9/2004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $104.74 Refer 71304 ISLAND PARK SKELLY E 101-42110-404 Repairs/Maint Machinery TIRE ROTATION,OIL CHANGE $43.86 5/4/2004 E 101-42110-404 Repairs/Maint Machinery 1998 DODGE DURANGO R&R SWITCH $63.64 5/4/2004 E 101-42110.404 Repairs/Maint Machinery 2001 CHEV IMPALA $15.00 5/4/2004 E 601-49400-404 Repairs/Maint Machinery 2002 SILVERADO FLUSH TRANSMISSION $92.95 5/4/2004 6/29/2004 Wells Fargo 10100 Total $215.45 Refer71304 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 1738736 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 1738735 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR invoice 1738734 Cash Payment Invoice 1742082 Cash Payment invoice 1742084 Cash Payment Invoice 1742083 Cash Payment Invoice 1742081 Cash Payment invoice 1742080 Cash Payment ,nvoice 1742079 Cash Payment invoice 1745804 6/16/2004 E 609-49750-251 Liquor For Resale LIQUOR 6/16/2004 E 609-49750-253 Wine For Resale WINE 6/1612004 E 809-49750-254 Soft Drinks/Mix For Resa MIX 6/16/2O04 E 609-49750-251 Liquor For Resale LIQUOR 6/16/2004 E 609-49750-253 Wine For Resale WINE 6/16/2004 E 609-49750-251 Liquor For Resale LIQUOR 6/16/2004 E 609-49750-251 Liquor For Resale LIQUOR 6/16/2004 $1,497.44 $1,299~25 $205.55 $1,393.15 $415.32 $204.75 $29.99 $355.16 $251.19 $315.95 - 1985- CiTY OF MOUND City of Mound · Payments 07~08~04 10:00 AM Page 12 Current Period: July 2004 Cash Payment E 609-49750-253 Wine For Resale WINE $764.56 invoice 1745805 6/16/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $29.99 Invoice 1745806 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,587.83 Invoice 1745807 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $1,866.60 invoice 1745808 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 251996 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$94.52 invoice 252556 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE ~$5.50 Invoice 252287 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$23.63 invoice 253603 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$31.05 Invoice 253602 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $109.00 Invoice 1745158 6/16/2004 Transaction Date 6121/2004 Wells Fargo 10100 Total $12,168.55 Refer 71304 JUBILEE FOODS Cash Payment E 101-42110-430 Miscellaneous 07-02-04 COUNCIL COOKIES $17.16 Invoice 071304 7/2/2004 Cash Payment E 101-42110-430 Miscellaneous 06-08-04 COUNCIL COOKIES $15.28 invoice 071304 7/2/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $32.44 Li~GrO~ co~srRucrlo~, I~ Cash Payment E 101-41910-401 Repairs/Maint Buildings THRESHOLDS IN CITYHALL $946.00 Invoice 03005.20 7/13/2004 Transaction Date 6/18/2004 Wells Fargo 10100 Total $946.00 Refer 71304 KENNEDY AND GRAVEN Cash Payment E 101-41500-300 Professional Srvs Invoice 61971-A 7/13/2004 Cash Payment E 101-41600-300 Professional Srvs Invoice 61971-B1 7/13/2004 Cash Payment E 101-43100-300 Professional Srvs Invoice 61971-B2 7/13/2004 Cash Payment E 401-46590-300 Professional Srvs Invoice 61971-C 7/13/2004 Cash Payment G 101-22988 Hedtage Point Trailer court Invoice 61971-D1 7/13/2004 Cash Payment G 101-22979 1599 Bluebird Lane Vacation 05-04 1599 BLUEBIRD LANE #04-04 Invoice 61971-D2 7/13/2004 Cash Payment E 101-41600-316 Legal P & I 05-04 MISC PLANNING ZONING Invoice 61971-D3 7/13/2004 Cash Payment E 101-41600-318 Legal Parks 05-04 FISHING PROHIBITION Invoice 61971-E 7/13/2004 05-04 EXECUTIVE 05-04 ADMINISTRATIVE 05-04 ASSESSMENT 05-04 PW/PARKS NEW FACILITY 05-04 HALSTEAD POINTE #04-15 $918.00 $198.00 $72.00 $468.00 $60.00 $30.00 $415.80 $24.00 - 1986- CITY OF MOUND City of Mound Payments 07108104 10:00 AM Page 13 Current Period: July 2004 Cash Payment E 401-46377-300 Professional Srvs 05-04 C'TY RD 15 REALIGNMENT $3,666.85 Invoice 61962~A1 7/13/2004 Cash Payment E 455-43255-300 Professional Srvs 05-04 MCES LIFT STATION $552.00 Invoice 61962-A2 7/13/2004 Cash Payment E 101-41600-300 Professional Srvs 05-04 DREAMWOOD LAWSUIT $66.00 Invoice 61962-B 7/13/2004 Cash Payment E 609-49750-300 Professional Srvs 05-04 BOLTT VS LIQUOR STORE $42.00 Invoice 61962-C 7/13/2004 Cash Payment E 455-46380-300 Professional Srvs 06-04 REDEV PROJECT AREA #1 $1,023.00 invoice 62062-A 7/13/2004 Cash Payment G 101-22855 MetroPiains Develop 00-64 06-04 METRO PLAINS DEVELOPMENT $33.00 Invoice 62062-B 7/13/2004 Cash Payment E 401-46377-300 Professional Srvs 06-04 CTY RD 15 REALIGNMENT $192.50 Invoice 62062-C 7/13/2004 Cash Payment G 101-22855 MetroPlains Develop 00-64 06-04 METRO PLAINS DEVELOPMENT $31 Invoice 62062-D 7/13/2004 Cash Payment G 101-22908 Mound Harbor Renaissance 06-00 MOUND HARBOR RENAISSANSCE $5,681.54 Invoice 62062-E 7/13/2004 Cash Payment E 455-46383-300 Professional Srvs 06-04 CUSTER PURCHASE AGREEMENT $156.25 Invoice 62062-F 7/13/2004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $13,629.94 Refer 71304 KLUCKMAN, GARY REFUND DOCK FEE $250.00 Cash Payment Invoice 071304 Cash Payment invoice 071304 Transaction Date R 281-34725 Dock Permits 7/13/2004 R 281-34705 LMCD Fees 7/13/2004 6/22/2004 REFUND LMCD FEE $7.50 Wells Fargo 10100 Total $257.50 Refer 71304 KRAUS, RENE Cash Payment R 601-36200 Miscellaneous Revenues REFUND WATER/SEWER $230.00 Invoice 071304 7/13/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $230.00 Refer 71304 LAWSON PRODUCTS, INC Cash Payment E 101-43100-230 Shop Materials BOLTS,ETC $155.15 Invoice 2179258 6/30/2004 PO 18335 Cash Payment E 601-49400-230 Shop Materials BOLTS,ETC $155.15 Invoice 2179258 6/30/2004 PO 18335 Cash Payment E 602-49450-230 Shop Materials BOLTS,ETC $155.15 Invoice 2179258 6/30/2004 PO 18335 Transaction Date 7/6/2004 Wells Fargo 10100 Total $465.45 Refer 71304 LEAGUE MN CITIES INSURANCE T Cash Payment E 609-49750-361 General Liability Ins BOLTT LITIGATION $1,000.00 Invoice 11045320 7/13/2004 Cash Payment E 101-42110-361 General Liability ins. SQUAD 847 CLAIM $891.67 Invoice 11048563 7/13/2004 ~'ransaction Date 6/29/2004 Wells Fargo 10100 Total $1,891.67 ' Refer 71304 MARK VII DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale Invoice 681551 6/22/2004 BEER $39.00 - 1987- CITY OF MOUND Cash Payment Invoice 881550 Cash Payment Invoice 681548 Cash Payment Invoice 6851549 Cash Payment City of Mound Payments 07/08/04 10:00 AM Page 14 Current Period: July 2004 E 609-49750-252 Beer For Resale 6/22/2004 E 60949750-252 Beer For Resale 6/22/2004 E 609-49750-252 Beer For Resale 6/22/2004 E 609-49750-252 Beer For Resale invoice 624579-B 6/22/2004 Cash Payment E 609-49750-252 Beer For Resale Invoice 650005-B 6/22/2004 E 609-49750-252 Beer For Resale 6/22/2004 E 609-49750-252 Beer For Resale 6/22/2004 E 609-49750-252 Beer For Resale 6/22/2004 E 609-49750-252 Beer For Resale 6/22/2004 E 609-49750-252 Beer For Resale 6/22/2004 6/28/2004 Cash Payment Invoice 684306 Cash Payment Invoice 664308 Cash Payment Invoice 684307 Cash Payment invoice 686860 Cash Payment Invoice 686861 Transaction Date BEER $71.70 BEER $0.01 BEER $3,787,60 CREDIT-624579 -$0.08 CREDIT--/¢65005 -$22,50 BEER $5,290.10 BEER $77.00 BEER $37,30 BEER $3,025.55 BEER $21.95 Wells Fargo 10100 Total $12,327.63 Refer 71304 MARLIN'S TRUCKING DELIVERY Cash Payment E 609-49750-265 Freight 06-01-04 DELIVERY CHARGE $14.40 Invoice 14295 6/1/2004 Cash Payment E 609-49750-265 Freight 06-04-04 DELIVERY CHARGE $127.80 Invoice 14316 6/1/2004 Cash Payment E 609-49750-265 Freight 06-04-04 DELIVERY CHARGE $9,00 Invoice 14321 6/112004 Cash Payment E 609-49750-265 Freight 06-10-04 DELIVERY CHARGE $103.50 Invoice 14341 6/1/2004 Cash Payment E 609-49750-265 Fraight 06-14-04 DELIVERY CHARGE $15.30 Invoice 14357 6/1/2004 Cash Payment E 609-49750-265 Freight 06-17-04 DELIVERY CHARGE $130.50 Invoice 14378 6/1/2004 Cash Payment E 609-49750-265 Freight 06-21-04 DELIVERY CHARGE $20.70 invoice 14387 61112004 Cash Payment E 609-49750-265 Freight 06-24-04 DELIVERY CHARGE $111.60 Invoice 14411 6/1/2004 Cash Payment E 609-49750-265 Freight 06-28-04 DELIVERY CHARGE $12.60 Invoice 14418 6/1/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $545.40 Refer 71304 MARSHALL & ILSLEY TRUST COM Cash Payment E 355-46384-611 Bond Interest CREDIT FOR FUNDS ON DEPOSIT IN $91,485.00 CAPITALIZED INTEREST FUND Invoice 3034 6/2/2004 Transaction Date 6/21/2004 Wells Fargo 10100 Total $91,485.00 Refer '71304 MCCOMBS FRANK ROOS ASSOCI Cash Payment E 101-42400-300 Professional Srvs Invoice 47708 6/1/2004 05-04 PLANNING MISC ENGINEERING Project 08901 $816.40 CITY OF MOUND Cash Payment Invoice 47709 Cash Payment invoice 47710 Cash Payment invoice 47711-A Cash Payment Invoice 47711-B Cash Payment Invoice 47712 Cash Payment Invoice 47713 Cash Payment Invoice 47714 Cash Payment invoice 47715 Cash Payment Invoice 47716 Cash Payment invoice 47717 Cash Payment Invoice 47718 Cash Payment Invoice 47719 Cash Payment Invoice 47720 Cash Payment Invoice 47721 Cash Payment Invoice 47722 Cash Payment invoice 47723 Cash Payment Invoice 47724 Cash Payment Invoice 47725 Cash Payment Invoice 47726 Cash Payment Invoice 4772-A Cash Payment Invoice 47727-B Cash Payment invoice 47728 Cash Payment invoice 47729 Cash Payment ,nvoice 47730 Cash Payment Invoice 47731 City of Mound Payments 07108/04 10:00 AM Page 15 Current Period: July 2004 05-04 PLANNING MISC ENGINEERING Project 08902 05-04 STREETS MISC ENGINEERING Project 08903 05-04 WATER MISC ENGINEERING Project 08904 05-04 SEWER MISC ENGINEERING Project 08904 05-04 LOST LAKE CANAL REHABILITATION Project 10757 05-04 CTY RD 15 RELOCATION Project 12533 05-04 DOWNTOWN TIF DISTRICT Project 12534 05-04 MOUND HARBOR RENAISSANCE Project 13832 E 101-42400-300 Professional Srvs 6/1/2004 E 101-43100-300 Professional Srvs 6/1/2004 E 601-49400-300 Professional Srvs 6/1/2004 E 602-49450-300 Professional Srvs 6/1/2004 E 401-46540-300 Professional Srvs 6/1/2004 E 455-46377-300 Professional Srvs 6/1/2004 E 455-46380-300 Professional Srvs 6/1/2004 G 101-22908 Mound Harbor Renaissance 6/1/2004 G 101-22854 Langdon Bay Major Sub-Divi 05-04 LANGDON BAY DEVELOPMENT Project 12754 05-04 LANGDON WOODS DEVELOPMENT Project 12911 05-04 MCES LIFT STATION Project 13132 05-04 RETAINING WALL REPLACEMENT Project 13215 05-04 DOCK LOCATION MAP 6/1/2004 G 101-22869 Landgon Woods, 00-35 6/1/2004 E 602-49450-300 Professional Srvs 6/1/2004 E 401-43110-300 Professional Srvs 6/1/2004 E 281-45210-300 Professional Srvs 6/1/2004 G 601-16300 Improvements Other Than BI 05-04 WELI_/PUMPHOUSE 6/1/2004 E 455-46380-300 Professional Srvs 6/1/2004 E 401-46540-300 Professional Srvs 6/1/2004 G 101-22855 MetroPlains Develop 00-64 Project 13223 Project 13313 05-04 LONGPRE BLDG DEMO Project 13314 05-04 LOST LAKE/AUDITORS RD GREENWAY Project 13566 05-04 METRO PLAINS DEVELOPMENT 6/1/2004 Project 13646 G 101-22899 Pastuck Natural Homes #02- 05-04 PASTUCK SUB-DIVISiON Project 13770 05-04 MOUND HARBOR RENAISSANCE Project 13832 05-04 UTILITY MAP UPDATE Project 14103 05-04 UTILTIY MAP UPDATE Project 14103 05-04 2003 STREET RECONSTRUCTION Project 14121 05-04 BRENSHELL/LEE MINOR SUB-DIVISION Project 14146 05-04 2241 SOUTHVIEW #03-33 Project 14275 6/1/2004 G 101-22908 Mound Harbor Renaissance 6/1/2004 E 601-49400-300 Professional Srvs 6/1/2004 E 602-49450-300 Professional Srvs 6/1/2004 E 401-43105-300 Professional Srvs 6/1/2004 G 101-22906 Waiver of Platting #02-22 6/1/2004 G 101-22931 2241 Southview Ln,03-10 W 6/1/2004 Project 14459 G 101-22950 4721 Aberdeen Rd. #03-34 S 05-04 4721 ABERDEEN #03-34 6/1/2004, $265.00 $265.00 $26.50 $26.50 $848.00 $2,800.50 $53.00 $73.00 $162.50 $53.0O $212.00 $429.80 $524.00 $1,736.00 $t83.50 $4,711.10 $256.10 $106.00 $378.00 $2,476.00 $2,476.00 $53.00 $53.00 $284.60 $106.00 -1989- CITY OF MOUND Cash Payment Invoice 47732 Cash Payment Invoice 47733 Cash Payment invoice 47734 Cash Payment Invoice 47735 Cash Payment Invoice 47736 Cash Payment Invoice 47737 Cash Payment Invoice 47738 Cash Payment Invoice 47739 Cash Payment Invoice 47740 Transaction Date City of Mound Payments 07/08/04 10:00 AM Page 16 Current Period: July 2004 ,~ i G 101-22958 2175 Noble Ln #03-440,#03-4 05-04 2175 NOBLE LANE #03-40 6/112004 Project 14556 E 601.49400-300 Professional Srvs 05-04 GROVE LANE WATER QUALITY STUDY 6/1/2004 Project 14603 E 401.43104-300 Professional Srvs 05-04 2004 STREET RECONSTRUCTION 6/1/2004 Project 14615 G 101-22969 5853 Fairfield #03-48 Platting 05-04 5853 FAIRFIELD #03-48 6/1/2004 Project 14626 G 101-22974 Bioomquist Hotel Developme 05-04 BLOOMQUlST HOTEL DEVELOPMENT 6/1/2004 E 402-43120-300 Professional Srvs 6/1/2004 E 601-49400-300 Professional Srvs 6/1/2004 E 401.43110-300 Professional Srvs 6/1/2094 G 101-23000 Feasibility 15/110 Improvem 6/1/2004 Project 14669 05-04 2004 MSA ADMINISTRATION Project 14673 05-04 WATERMAIN IMPROVEMENT Project 14702 05-04 2004 RETAINING WALL REPLACEMENT Project 14707 05-04 FEASIBILITY 15/110 IMPROVEMENTS Project 14831 10100 Total 6/21/2004 Wells Fargo MOBILE SHELVING SYSTEMS Refer 71304 MID AMERICA BUSINESS SYSTEM Cash Payment Invoice 40744 Transaction Date E 496-46580-500 Capital Outlay FA 7/13/2004 7/7/2004 $53.00 $106.00 $30,343.6O $53.00 $53.00 $106.00 $212.00 $265.00 $2,552.30 $53,118.40 $11,079.00 Wells Fargo 10100 Total $11,079.00 Refer 71304 MID-AMERICA Cash Payment G 101-22803 Police Reserves ORANGE STICKS $851.39 invoice 592 5/18/2094 Transaction Date 6/23/2004 Wells Fargo 10100 Total $851.39 Refer 71304 MINNEHAHA BUILDING MAINTENA Cash Payment E 609.49750.401 Repairs/Maint Buildings Invoice 66005103 6/6/2004 Transaction Date 6/30/2004 Cash Payment E 101-42110.434 Conference & Training invoice 071304 7/13/2004 PO 18412 Cash Payment E 101-42110-434 Conference & Training Invoice 071304 7/13/2004 PO 18412 Transaction Date 6/28/2004 Wells Fargo 10100 Total $562.00 Refer 71304 MINNESOTA POLLUTION CONTRO Cash Payment G 101-22908 Mound Harbor Renaissance MOUND HARBOR RENAISSANCE $2,220.00 Invoice VP16010 6/30/2004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $2,220.00 05-17-04 WASH WINDOWS $37.28 Wells Fargo 10100 Total $37.28 08-16-04 DRIVING SCHOOL MCKINLEY $281.00 08-16-04 DRIVING SCHOOL BECK $281.00 Refer 71304 MINNESOTA ROADWAYS COMPA Cash Payment E 101-43100-224 Street Maint Materials ASPHALT EMULSION $244.42 Invoice 45604 6/15/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $244.42 Refer 71304 MINNESOTA VALLEY TESTING LA - 1990- CITY OF MOUND Cash Payment Invoice 215304 Transaction Date City of Mound Payments 07/08/04 10:00 AM Page 17 Current Period: July 2004 E 601-49400-227 Chemicals COLIFORM, MF - WATER $77.50 6/15/2004 6/29/2004 Wells Fargo 10100 Total $77.50 Refer 71304 MOUND, CITY OF Cash Payment E 609-49750-382 Water Utilities 04-04 AND 05-04 WATER/SEWER - $46.35 Invoice 071304 7/1312004 Transaction Date 6/18/2004 Wells Fargo 10100 Total $46.35 Refer 71304 MUELLER, WILLIAM AND SONS Cash Payment E 101-43100-224 Street Maint Matedal~ 06-04-04 BLACKTOP $81.08 Invoice 92481 6/4/2004 Cash Payment E 101-43100-224 Street Maint Materials 06-07-04 BLACKTOP $102.97 Invoice 92585 6/4/2004 Cash Payment E 101-43100-224 Street Maint Materials 06-14-04 BLACKTOP $41.35 Invoice 92887 6/4/2004 Cash Payment E 101-43100-224 Street Maint Materials 06-15-04 BLACKTOP $45.95 Invoice 93000 6/4/2004 Cash Payment E 101-43100-224 Street Maint Materials 06-21-04 BLACKTOP $79.11 invoice 93386 6/4/2004 Cash Payment E 601-49400-224 Street Maint Materials 06-23-04 BLACKTOP $2,879.10 Invoice 93580 6/4/2004 3ash Payment E 101-43100-224 Street Maint Materials 06-23-04 BLACKTOP $201.29 Invoice 93581 6~4~2004 Cash Payment E 101.43100-224 Street Maint Materials 06-23~04 BLACKTOP $100.64 Invoice 93582 6~4~2004 Cash ~ayment E 101-43100-224 Street Maint Materials 06-25-04 BLACKTOP $108.01 Invoice 93764 6/4/2004 Cash Payment E 101-43100-224 Street Maint Materials 06-28-04 BLACKTOP $46.25 Invoice 93853 6/4/2004 Cash Payment E 101-43100-224 Street Maint Materials 06-30-04 BLACKTOP $164.59 Invoice 94116 6~4~2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $3,850.34 Refer 71304 MURRAY, WILLIAM Cash Payment E 101-42110-434 Conference & Training REIMBURSE EXPENSES $157.92 Invoice 071304 7/13/2004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $157.92 Refer 71304 MUZAK - MINNEAPOLIS Cash Payment E 609-49750-440 Other Contractual Servic 06-04 MUSIC SERVICE $92.90 Invoice A462926 7/1/2004 Transaction Date 6/23/2004 Wells Fargo 10100 Total $92.90 Refer 71304 NATIONAL WATERWORKS Cash Payment E 601-49400-221 Equipment Parts MISCELLANEOUS SUPPLIES $173.03 Invoice 1394767 6/16/2004 PO 18322 Cash Payment E 601-49400-221 Equipment Parts HYDRANT $1,603.18 /.....Invoice 1436673 6/16/2004 PO 18334 :ash Payment E 601-49400-221 Equipment Parts HYDRANT $2,396.80 'Invoice 1432804 6/16/2004 PO 18333 Transaction Date 6/22/2004 Wells Fargo 10100 Total $4,173,01 -19.91 - CITY OF MOUND City of Mound Payments 07/08/04 10:00 AM Pag~ 18 Current Period: July 2004 Refer 71304 NEW FRANCE WINE COMPANY Cash Payment E 609-49750-253 Wine For Resale Invoice 24153 1/12/2004 Transaction Date 7/7/2004 Refer 71304 NEWMAN SIGNS Cash Payment E 101-43100-226 Sign Repair Materials Invoice TI-0125070 6/23/2004 Cash Payment E 101-43100-226 Sign Repair Materials Invoice TI-0123716 6/23/2004 Transaction Date 6/29/2004 WINE Wells Fargo $822.00 10100 Total $822.00 BLANK SHEETS $275.09 BLANK SHEETS $171.25 Wells Fargo 10100 Total $446.34 Refer 71304 NICCUM DOCKS, INCORPORATED Cash Payment E 281-45210-440 Other Contractual Servic iNSTALLATION OF DOCKS Invoice 1079 6/19/2004 Cash Payment E 281-45210-220 Repair/Maint Supply INSTALLATION OF DOCKS Invoice 1079 6/19/2004 Transaction Date 6~23/2004 Wells Fargo 10100 $2,346.31 $247.50 Total $2,593.81 Refer 71304 NORTHLAND FIRE AND SECURITY Cash Payment E 222-42260-210 Operating Supplies K-CLASS EXITING MOUNT invoice 53175 7/13/2004 Transaction Date 7/7/2004 Wells Fargo 10100 $209.35 Total $209.35 Refer 71304 ONE CALL CONCEPTS, INCORPO Cash Payment E 601-49400-395 Gopher One-Call Invoice 4050567 5/31/2004 Cash Payment E 602-49450-395 Gopher One-Call Invoice 4050567 5/31/2004 Transaction Date 6/29/2004 05-04 LOCATES 05-04 LOCATES Wells Fargo $150.65 $150.65 10100 Total $301.30 Refer 71304 PAUSTIS AND SONS WINE COMPA Cash Payment Invoice 8039434 Cash Payment Invoice 8039476 Cash Payment Invoice 8039676 Cash Payment Invoice 8040114 Transaction Date E 609-49750-253 Wine For Resale 6/21/2004 E 609-49750-253 Wine For Resale 6/21/2004 E 609-49750-253 Wine For Resale 6/2112004 E 609-49750-253 Wine For Resale 6/21/2004 6/28/2004 WINE WINE CREDit-WINE WINE Wells Fargo 10100 Total $22.49 $988,98 -$36.00 $807.93 $1,783.40 Refer 71304 PEDERSON, GREG Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment .Invoice 071304 Cash Payment invoice 071304 E 222-42260-434 Conference & Training 7/13/2004 E 222-42260-430 Miscellaneous 7/13/2004 E 222-42260-210 Operating Supplies 7/13/2004 E 222-42260-210 Operating Supplies 7/13/2004 E 222-42260-322 Postage 7/13/2004 REIMBURSE 2004 MSFDA CONFERENCE TITLE TRANSFER GARDEN HOSE DIGITAL MEDINPHOTOS POSTAGE $264.20 $29~50 $51.14 $24.83 $9.58 992- CITY OF MOUND Transaction Date 6/28/2004 City of Mound Payments 07~08~04 10:00 AM Page 19 Current Period: July 2004 Wells Fargo 10100 Total $379.25 Refer 71304 PEPSI-COLA COMPANY Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 595318213 6/23/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 59531855 6/23/2004 Transaction Date 6/28/2004 Wells Fargo $100.40 $78.2O 10100 Total $178.60 Refer 71304 PETERSON, ELMER J. AND COMP Cash Payment E 602-49450-440 Other Contractual Servic 06-09-04 PUMP LIFT STATION $1,000.00 invoice 061504 6/15/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $1,000.00 Refer 71304 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609-49750-253 Wine For Resale WINE $1,174.10 Invoice 2082728 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $69.75 Invoice 2082727 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $898.31 Invoice 2085202 6/16/2004 Cash Payment E 609"49750-251 Liquor For Resale LIQUOR $25.00 ~ Invoice 2085203 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $82.85 Invoice 2087608 6/16/2004 Cash Payment E 609"49750-253 Wine For Resale WINE $1,593.35 invoice 2087609 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$7.16 Invoice 3300261 6/16/2004 Transaction Date 6/21/2004 Wells Fargo 10100 Total $3,836.20 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $339.50 Invoice 42836 6/21/2004 Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $306.85 Invoice 43402 6/21/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $646.35 Refer 71304 PRESS NEWS PUBLICATIONS Cash Payment E 101-42400-351 Legal Notices Publishing 05-24-05 EMPLOYEE AD $123.00 Invoice 02535218-001 5/24/2004 Cash Payment- E 101-42400-351 Legal Notices Publishing 05-31-04 EMPLOYEE AD $123.00 Invoice 0253218-002 5/24/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $246.00 Refer 71304 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-253 Wine For Resale WINE $344.61 Invoice 417492-00 6/16/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $133.16 'nvoice 417664-00 6/16/2004 Jash Payment E 609-49750-251 Liquor For Resale LIQUOR $897.23 Invoice 417705-00 6/16/2004 - 1993- CITY OF MOUND City of Mound Payments 07/08/04 10:00 ,AM Page 20 Current Period: July 2004 10100 Total Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 417735-00 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 420211-00 ' 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 420128-00 6/16/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX · Invoice 420129-00 6/16/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 423382-00 6/16/2004 Cash Payment E 609-49760-254 Soft Drinks/Mix For Resa MIX Invoice 423383-00 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE invoice 423935-00 6/16/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 423286-00 6/16/2004 Transaction Date 6/21/2004 Wells Fargo $1,374.76 $1,106.72 $748.76 $62.73 $1,171.76 $90.45 $100.97 $1,131.03 $7,162,18 Refer 71304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment Invoice 071304 Transaction Date Cash Payment Invoice 389053 Cash Payment Invoice 389053 Cash Payment Invoice 390816 Cash Payment Invoice 390816 Transaction Date R.C. ELECTRIC, INCORPORATED E 101-45200-223 Building Repair Supplies LIGHT POLE AT DEPOT 6114/2004 PO 18388 E 101-41910-401 Repairs/Maint Buildings 4TH FLOOR LIGHT FIXTURE 6/14/2004 E 101-45200-223 Building Repair Supplies DEPOT SERVICE CALL 6/14/2004 6/18/2004 Refer 71304 ROGERS, RICHARD Cash Payment E 222-42260-434 Conference & Training invoice 071304 7/13/2004 Transaction Date 6/28/2004 Refer 71304 SENTRY SYSTEMS, INCORPORA T E 609-49750-440 Other Contractual Servic 07-04 MONITORING SERVICES 7/1/2004 E 609-49750-440 Other Contractual Servic 07-04 FIRE ALARM TEST 7/1/2004 E 609-49750-440 Other Contractual Servic 07-04 MONITORING SERVICES 7/1/2004 E 609-49750-440 Other Contractual Servic 07-04 SUPERVISED O/C'S 7/1/2004 $1,200.00 $245.00 $164.92 Wells Fargo 10100 Total $1,609.92 REIMBURSE 2004 M$FDA CONFERENCE $120.00 Wells Fargo 10100 Total $120.00 $25.72 $8.51 $22.21 $10.65 6/28/2004 Wells Fargo 10100 Total $67.09 $12.50 $12,50 Total $25.00 Refer 71304 SHANKEN COMMUNICATIONS, IN Cash Payment E 609-49750-430 Miscellaneous invoice 968740 6/25/2004 Cash Payment E 609-49750-430 Miscellaneous Invoice 968740 6/25~2004 Transaction Date 7/6/2004 06-15-04 PUBLICATION 06-30-04 PUBLICATION Wells Fargo 10100 Refer 71304 SHOREWOOD TREE SERVICE Cash Payment E 281-45210-533 Tree Removal Invoice 5054 6/22/2004 4645 ISLANDVIEW REMOVE TREE $532.50 - 1994- CITY OF MOUND City of Mound Payments Cash Payment E 101-45200-533 Tree Removal CEMETARY invoice 5072 6/22/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total Refer 71304 SHORT ELLIOTT HENDRICKSON, I Cash Payment E 496-46580-500 Capital Outlay FA 05-04 PUBLIC SAFETY BUILDING invoice 0116511 6/16/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total 07/08/04 10:00 AM Page 21 Current Period: July 2004 $77O $1,302.50 $102.00 $102.00 Refer 71304 SOS PRINTING Cash Payment E 281-45210-202 Duplicating and copying DOCK ADMINISTRATION CARDS invoice 65436 6/14/2004 Cash Payment E 101-41310-203 Printed Forms LETTERHEAD invoice 65407 6/14/2004 PO 18269 Cash Payment E 101-41500-203 Printed Forms LETTERHEAD invoice 65407 6/14/2004 PO 18269 Cash Payment E 101-42400-203 Printed Forms LETTERHEAD Invoice 65407 6/14/2004 PO 18269 Cash Payment E 101-43100-203 Pdnted Forms LETTERHEAD Invoice 65407 6/14/2004 PO 18269 Cash Payment E 609-49750-203 Printed Forms LETTERHEAD Invoice 65407 6/14/2004 PO 18269 Cash Payment E 601-49400-203 Printed Forms LETTERHEAD Invoice 65407 6/14/2004 PO 18269 Cash Payment E 602-49450-203 Pdnted Forms LETTERHEAD Invoice 65407 6/14/2004 PO 18269 Cash Payment E 101-43100-203 Printed Forms CITY LOGO Invoice 65441 6/14/2004 Cash Payment E 601-49400-203 Printed Forms CITY LOGO Invoice 65441 6/14/2004 Cash Payment E 602-49450-203 Printed Forms CITY LOGO Invoice 65441 6/14/2004 Cash Payment E 101-41310-200 Office Supplies LETTERHEAD Invoice 65448 6/14/2004 Cash Payment E 101-41500-200 Office Supplies LETTERHEAD Invoice 65448 6/14/2004 Cash Payment E 101-42400-200 Office Supplies LETTERHEAD Invoice 65448 6/14/2004 Cash Payment E 101-45200-200 Office Supplies LETTERHEAD Invoice 65448 6/14/2004 Cash Payment E 101-43100-200 Office Supplies LETTERHEAD Invoice 65448 6/14/2004 Cash Payment E 609-49750-200 Office Supplies LETTERHEAD Invoice 65448 6/14/2004 Cash Payment E 601-49400-200 Office Supplies LETTERHEAD Invoice 65448 6/14/2004 Cash Payment E 602-49450-200 Office Supplies LETTERHEAD Invoice 65448 6/14/2004 Transaction Date 6/21/2004 Wells Fargo 10100 $58.31 $62.85 $62.85 $62.65 $62.85 $20.92 $41.90 $41.9O $4.44 $4.44 $4.43 $7.78 $7.78 $7,78 $7.78 $7.78 $2.60 $5.19 $5.19 Total $479.62 Refer 71304 SOUTHWEST TRAILS ASSOCIATIO -1995- CITY OF MOUND City of Mound Payments 07/08/04 10:00 AM Pag~ 22 Current Period: July 2004 Cash Payment G 101-22801 Deposits/Escrow THRU 05-20-04 $9,557.54 Invoice 606160580-A 7/13/2000 Transaction Date 6/28/2004 Wells Fargo 10100 Total $9,557.54 Refer 71304 SPEEDWA Y SUPERAMERICA (FIR Cash Payment E 222-42260.212 Motor Fuels THRU 06-26-04 GASOLINE CHARGES $469.98 Invoice 071304 7/13/2004 Transaction Date 7/7/2004 Wells Fargo 10100 Total $469.98 Refer 71304 STALLMAN, RONALD Cash Payment E 222-42260-434 Conference & Training REIMBURSE 2004 MSFDA CONFERENCE $140.00 Invoice 071304 7/13/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $140.00 Refer 71304 STREICHER'S Cash Payment G 101-22803 Police Reserves NAME TAGS $22.21 Invoice 442438.1 6/2/2004 PO 17370 Cash Payment E 101-42110-219 Safety supplies TROUSERS $370.00 Invoice 438224.1 6/2/2000 PO 18352 Transaction Date 6/23/2004 Wells Fargo 10100 Total $392.21 Refer 71304 SULLIVAN'S UTILITY SERVICES Cash Payment E 602-49450-440 Other Contractual Se~vic 06-09-04 PUMP LIFT STATIONS $1,923.75 invoice 45144 6/10/2004 Cash Payment E 602-49450-440 Other Contractual Servic 06-11-04 PUMP LIFT STATION $2,899.87 Invoice 45167 6/10/2000 Transaction Date 6/29/2000 Wells Fargo 10100 Total $4,823.62 Refer 71304 THORPE DISTRIBUTING COMPAN Cash Payment E 609-49750-252 Beer For Resale BEER $624.00 Invoice 32810 6/18/2000 Cash Payment E 509-49750-252 Beer For Resale BEER $391.25 Invoice 337562 6/18/2000 Cash Payment E 609-49750-252 Beer For Resale BEER $222.00 Invoice 32848 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $477.00 Invoice 32952 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $2,759.75 invoice 338337 6/18/2000 Cash Payment E 609-49750-252 Beer For Resale BEER $6,754.65 Invoice 338330 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $124.35 Invoice 338329 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $5,232.20 Invoice 337561 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $114.15 Invoice 337560 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $9,445,65 Invoice 339141 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $107.15 Invoice 339140 6/18/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $3,317.00 Invoice 339885 6/18/2004 - 1996- CiTY OF MOUND Cash Payment E 609-49750-252 Beer For Resale Invoice 339884 6/18/2004 Transaction Date 6/21/2004 City of Mound Payments 07/08/04 10:00 AM Page 23 Current Period: July 2004 BEER $107.05 Refer 71304 THRIFTY WHITE DRUG STORE Wells Fargo 10100 Total $29,676.20 Cash Payment E 222-42260-210 Operating Supplies FILM $23.42 invoice 683346 5/16/2004 Cash Payment E 222-42260-210 Operating Supplies FILM PROCESSING $16.23 Invoice 683331 5/16/2004 Cash Payment E 222-42260-210 Operating Supplies FILM PROCESSING $27.40 Invoice 683306 5/16/2004 Transaction Date 6/30/2004 Welts Fargo 10100 Total $67.05 Refer 71304 TOLL GAS AND WELDING SUPPLY Cash Payment E 101-43100-230 Shop Materials MISCELLANEOUS SUPPLIES $17.91 Invoice 450580 6/30/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $17.91 Refer 71304 TOTAL REGISTER SYSTEMS, INC. Cash Payment E 609-49750-210 Operating Supplies REGISTER PAPER $128.75 Invoice 16856 6/17/2004 Cash Payment E 609-49750-210 Operating Supplies 06-12-04 PHONE SUPPORT $35.00 Invoice 16844 6/17/2004 l'ransaction Date 6/21/2004 Wells Fargo 10100 Total $163.75 Refer 71304 TRI-STA TE PUMP AND CONTOL, I Cash Payment E 602-49450-220 Repair/Maint Supply FLEXIBLE DISK CHECK $1,015.86 Invoice 23480 6/16/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $1,015.86 Refer 71304 TWIN CITY OFFICE SUPPLY Cash Payment E 101-41310-200 Office Supplies Invoice 431643-0 7/13/2004 Cash Payment E 101-41500-200 Office Supplies invoice 431643-0 7/13/2004 Cash Payment E 101-42400-200 Office Supplies invoice 431643-0 7/13/2004 Cash Payment E 101-45200-200 Office Supplies Invoice 431643-0 7/13/2004 Cash Payment E 101-43100-200 Office Supplies invoice 431643-0 7/13/2004 Cash Payment E 609-49750-200 Office Supplies Invoice 431643-0 7/13/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 431643-0 7/13/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 431643-0 7/13/2004 Cash Payment E 222-42260-200 Office Supplies invoice 431154-0 711312004 PO 18087 ";ash Payment E 609-49750-200 Office Supplies ~nvoice 430764-0 7/13/2004 Cash Payment E 101-43100-200 Office Supplies invoice 431177-0 7/13/2004 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES PENS,STAPLER,ETC BUSINESS CARD REFILL SCISSORS,AIRDUSTER $4.02 $4.02 $4.02 $4.02 $4.02 $1.35 $2.68 $2.68 $185.95 $721 $15.43 - 1997- ' CITY OF MOUND City of Mound Payments 07~08/04 10:00 AM Page 24 Current Period: July 2004 Cash Payment E 601-49400-200 Office Supplies Invoice 431177-0 7/13/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 431177-0 7/13/2004 Cash Payment E 101-41310-200 Office Supplies Invoice 432414-1 7/13/2004 Cash Payment E 101-41500-200 Office Supplies 7/13/200~, E 101-42400-200 Office Supplies 7/13/2004 E 101-45200-200 Office Supplies 7/13/2004 E 101-43100-200 Office Supplies 7/13/2004 E 609-49750-200 Office Supplies 7/13/2004 Invoice 432414-1 Cash Payment Invoice 432414-1 Cash Payment Invoice 432414-1 Cash Payment Invoice 432414-1 Cash Payment invoice 432414-1 Cash Payment E 601-49400-200 Office Supplies Invoice 432414-1 7/13/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 432414-1 7/13/2004 Cash Payment E 222-42260-200 Office Supplies Invoice 431737-0 7/13/2004 PO 18089 Cash Payment E 101-42110-200 Office Supplies Invoice 430765-0 7/13/2004 PO 18375 Cash Payment E 101-42110-200 Office Supplies Invoice 430765-1 7/13/2004 PO 18375 Cash Payment E 101-42110-200 Office Supplies Invoice 431129-0 7/13/2004 Cash Payment E 609-49750-200 Office Supplies Invoice 431935-0 7/13/2004 Cash Payment E i0'1-41310-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 101-41500-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 101-42400-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 101-42400-200 Office Supplies Invoice 432267-0 7/1312004 Cash Payment E 101-43100-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 609-49750-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 601-49400-200 Office Supplies invoice 432267-0 7113/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 101-41110-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 281-45210-200 Office Supplies Invoice 432267-0 7/13/2004 SCISSORS,AIRDUSTER SCISSORS,AIRDUSTER . MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES FAX TONER BATTERIES MEDIA RIBBON,BATTERY COPY PAPER MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES PROJECTOR PROJECTOR $15.43 $15.43 $0.47 $0.47 $0.47 $0.47 $0.47 $0.15 $0.31 $0.31 $63.73 $127.70 $106.50 $131.23 $8.50 $50,16 $50.16 $50.16 $50.16 $50.16 $16.72 $33.44 $33.44 $161.60 $80.80 - 1998- CITY OF MOUND City of Mound Payments 07/08/04 10:00 AM Page 25 Current Period: July 2004 Cash Payment E 101-45200-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 101-42400-200 Office Supplies Invoice 432267-0 7/13/2004 Cash Payment E 101-42110-200 Office Supplies Invoice 432500-0 7/13/2004 PO 18414 Cash Payment E 222-42260-200 Office Supplies Invoice 4322846-0 7/13/2004 PO 18507 Cash Payment E 101-41310-200 Office Supplies invoice 431380-0 7/13/2004 Cash Payment E 101-41500-200 Office Supplies Invoice 431982-0 7/13/2004 Cash Payment E 609-49750-200 Office Supplies Invoice 431514-0 7/13/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 432632-0 7/13/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 432632-0 7/13/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 432632-0 7/13/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 432414-0 7il 3/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 432414-0 7/13/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 432414-0 7/13/2004 Cash Payment E 222-42260-200 Office Supplies Invoice 431962-0 7/13/2004 PO 18502 Transaction Date 7/7/2004 Wells Fargo Refer 71304 UNIFORMS LIMITED PROJECTOR $80.80 PROJECTOR $80.80 INK JET CARTRIDGE $417.15 LABELS $52.40 FILES $29.22 INK JET CARTRIDGE $138.54 PAPER $11.25 CARD REFILL,ETC $5.79 CARD REFILL,ETC $5.79 CARD REFILL ETC $5.79 INK JET CARTRIDGE $34.13 INK JET CARTRIDGE $34.13 INK JET CARTRIDGE $34.15 STAPLER/EVELOPES $64.09 10100 Total $2,277.87 $1,824.32 $14.15 TASERS W/SOFTWARE,ETC EXTENDED DIG POWER Wells Fargo 10100 Cash Payment Invoice 227305 Cash Payment Invoice 227957 Transaction Date Total $1,838.47 E 101-42110-219 Safety supplies 6/15/2004 PO 18416 E 101-42110-219 Safety supplies 6/15/2004 PO 18416 6/28/2004 Refer 71304 VALLEY PAVING, INCORPORATED Cash Payment Invoice 071304 Transaction Date E 401-43104-300 Professional Srvs 7/13/2004 7/7/2004 2004 STREET RECONSTRUCTION Wells Fargo 10100 $303,509.14 Total $303,509.14 Refer 71304 VERIZON WIRELESS (PA/Y) Cash Payment Invoice 071304 Cash Payment Invoice 071304 Cash Payment '~voice 071304 Cash Payment Invoice 071304 E 101-43100-321 Telephone & Cells 7/13/2004 E 601-49400-321 Telephone & Cells 7/13/2004 E 602-49450-321 Telephone & Cells 7/13/2004 G 101-22816 Personal Cell Phone 7/13/2004 06-17-04 SHARED ACCOUNT 06-17-04 SHARED ACCOUNT 06-17-04 SHARED ACCOUNT 06-17.04 SHARED ACCOUNT $128.36 $51.34 $128.36 $8.17 - 1999- CITY OF MOUND Transaction Date 7/6/2004 City of Mound Payments 07/08/04 10:00 AM Page 26 Current Period: July 2004 Wells Fargo 10100 Total $316.23 Refer 71304 WESTONKA SEWER AND WA TER, Cash Payment E 602-49450-440 Other Contractual Servic BARTLETT BLACK TOP $427.50 Invoice 5450 6/24/2004 Cash Payment E 601-49400-440 Other Contractual Servic 1719 RESTHAVEN REPAIR LINE $192.35 Invoice 30299 6/24/2004 Cash Payment E 601-49400-220 Repair/Maint Supply' PVC 6" $32.55 Invoice 6442 6/24/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $652.40 Refer 304 WIDMER CONSTRUCTION, LLC Cash Payment E 601-49400-500 Capital Outlay FA 05-28-04 GROVE LANE WATERMAIN $7,767.50 Invoice 573 6/24/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $7,767.50 Refer 71304 WILLIAMS TOWING Cash Payment E 101-42110-436 Towing Charges 06-24-04 TOW #842 $42.50 Invoice 71571 6/24/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $42.50 Refer 71304 WINEDOCTOR Cash Payment E 609-49750-253 Wine For Resale WINE $414.00 Invoice 2004-2581 6/22/2004 Transaction Date 6/2812004 Wells Fargo 10100 Total $414.00 Refer 71304 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE $396.29 Invoice 99191 6/23/2004 Transaction Date 6/28/2004 Wells Fargo 10100 Total $396,29 Refer 71304 WINKLER, BOB Cash Payment E 601-49400-224 Street Maint Materials 06-09-04 RED ROCK $2,301.10 Invoice 071304 7/13/2004 Transaction Date 6/29/2004 Wells Fargo 10100 Total $2,301.10 Refer 71304 XCEL ENERGY Cash Payment E 101-43100-381 Electric Utilities 06-04 STREET LIGHTING $5,100,i~5 Invoice 0542-505-000-18 7/13/2004 Transaction Date 7/6/2004 Wells Fargo 10100 Total $5,100.65 Refer 71304 ZEP MANUFACTURING COMPANY Cash Payment E 101-43100-230 Shop Materials Invoice 57079547 6/3/2004 Cash Payment E 601-49400-230 Shop Materials invoice 57079547 6/3/2004 Cash Payment E 602-49450-230 Shop Materials Invoice 57079547 6/3/2004 Transaction Date 6/30/2004 TRUCKWASH BRUSH TRUCKWASH BRUSH TRUCKWASH BRUSH WellsFa~o 10100 Total $21.98 $21.98 $21,98 $65.94 -2000- CITY OF MOUND Fund Summary City of Mound Payments 07/08/04 10:00 AM Page 27 Current Period: July 2004 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 355 2003-C G.O. TIF 1-2 401 GENERAL CAPITAL PROJECTS 402 MUNICIPAL ST AID ST CONSTUCT 455 TIF 1-2 496 HP, A PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND 10100 Wells Fargo $223,767.72 $7,420.30 $4,908.03 $91,485.00 $429,214.53 $106.00 $6,343.46 $12,381.00 $33,183.00 $17,506.99 $128,011.57 $8,851.55 $525.07 $963,704.22 Pre-Wd~en Check Checksto be Generated bythe Compute To~t $0.00 $963,704.22 $963,704.22 -2001 - Engineering o Planning · Surveying July 7, 2004 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound Lost Lake Greenway S.P. 145-090-01 TEAX 2700 (28) Partial Payment MFRA #13566 Dear Kandis: Enclosed is Environmental Associates Payment Request No. 7 for work completed through June 30, 2004 on the subject project. The amount of this payment request is $66,509.50. We have reViewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MFRA John Cameron, City Engineer JC:rth cc: Gino Businaro, Finance Director Enclosure s:\main :Xmou 13566\correspondence\part-pay7-7 -2002- zO0~ -2003- ~ . booobb'boobbbobbbbbo'''boobobbobbbobobbo'obbbbo00 ...... 8o ........ oooo~ooooooooooooooooo~oooooooo 00808 oo~oooooooo~oo~ooooo · ooooooooo~ooooooooooooo00oo~ooooo0ooooo0ooo~ooo~ oo -2004- ~o=. ~ ~' ~-- ~ ooo~ ooo ooooooooooooooooooo~o~ ooooooooooooooooooooooo o oooooooooooooooo~ooooo~ ~ oooooooooooooo ~o ~ ooooooooooooooooooooooo ooooooooooooooooooooooo >__. ~z -2005- -2006- -2007- -2008- Engineering · Planning · Surveying July 7, 2004 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound 2004 Street Reconstruction Project Partial Payment MFRA #14615 Dear Kandis: Enclosed is Valley Paving's Payment Request No. 2 for work completed through June 30, 2004 on the subject project. The amount of this payment request is $303,509.14. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. I£you have any questions or need additional information, please contact me. Sincerely, John Cameron, City Engineer JC:rth cc: Gino Businaro, Finance Director Carlton Moore, Public Works Director Enclosure s:\main:\mou 14615\correspon dence\part-pay7-7 -2009- m z ;o m rn m ~m~ O~ ° m ~ ~ 0 Z ~ m m ~ <lC} ~o -2010- ~ a oog ~ 0 ~0 ~ o~o~o~o~o~ o~ ~99~999¢~ ~ o~o~ ~~ ~ ~ ~ i~~ :0 ~ ~o OO 0 > m m m m -2011 - 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Subject: Honorable Mayor and City Council Carlton Moore, Director of Public Works / Engineering Coordinator July 13, 2004 Joint Powers Agreement with Metro Transit for installation and maintenance of bus stop signs Background The City of Mound has been approached by the Metro Transit to have City crews install and maintain the bus stop signs throughout the City. The City would be paid for the costs of installation and maintenance and the work could be completed at the same time that the street sign replacements are done. It is anticipated that the City sign replacement program will be completed within two years. The Metro Transit would provide the signs to the City for the installation. There are currently 98 bus stop signs in the City. To facilitate this offer the Metro Transit has a standard joint powers agreement which the City is being requested to execute. The agreement covers the duties and responsibilities of both the City and Metro Transit. The agreement authorizes payment up to $7,207 to the City for the initial installation and then additional costs for replacements and repairs on a per sign basis. The City attorney and the City's insurance representative from the League of Minnesota Cities have approved the form of the proposed agreement. Recommendation Staff recommends the City Council authorize execution of the joint powers agreement with the Metro Transit for the installation and maintenance of the bus stop signs in the City. _. -2012- Council Contract No. JOINT POWERS AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF MOUND FOR INSTALLATION, REPLACEMENT, AND MAINTENANCE OF BUS STOP SIGNAGE 98-015-57 THIS AGREEMENT is made this __ day of ., 20 , between the Metropolitan Council ("the Council"), a Minnesota political subdivision, and the City of Mound ("the City"), a Minnesota municipal corporation, WHEREAS, the Council is authorized by Minnesota Statutes section 473.405 to construct, equip, and operate transit and paratransit systems in the seven-couuty metropolitan area; and WHEREAS, the Council has begun Capital Improvement Project Number 3291, for providing new bus stop signs at all its bus stops, and route number and destination holders at selected bus stops; and WHEREAS, new and existing bus stop signs and related signs require ongoing maintenance and replacement, and Council route changes may necessitate moving the location of bus stops and bus zones; and WHEREAS, the City possesses the attthority, skill, and expertise to install, remove, maintain, and retrofit traffic signs and sign-motmting structures within its jurisdiction; and WHEREAS, the Council and the City desire jointly and cooperatively to provide for installation, replacement, and maintenance of signage, pursuant to Minnesota Statutes section 471.59, to serve the needs of residents and visitors who use transit. NOW, THEREFORE, in consideration of the mutual promises contaiued in this agreement, the parties agree as follows: I. DEFINITIONS 1.01 Circle-T Signs. "Circle-T Signs" means the old bus stop signs removed by the City, bearing the logo of a white "T" within a white circle on a red backgrotmd. 1.02 Holders. "Holders" inean uuits for displaying route number, destiuation and other transit service information at bus stops. 1.03 Holder Components. "Holder Components" means the holder units; mounting screws, nuts, washers, and bearing plates; and tamperproofclamps and screws with necessary keying tools. 1.04 washers. Sign Components. "Sign Components" means the new bus stop signs and nylon :- -2013- II. LOCATION OF BUS STOPS 2.01 Council Selection. The Council is responsible for selecting locations for bus stops and bus stop signage, and for providing the criteria for placement of bus stop signage. The Council will notify the City of the locations selected by the Council for bus stops and bus stop signage. If the City has concerns regarding a proposed location, the City will notify the Council in writing within ninety (90) days of the City's receipt of Council notice of the proposed location. Tile Council will consider the City's input in making the final determination whether to implement the proposed location. 2.02 Access for People with Disabilities. Tile City and the Council will coordinate and consult regarding development of a plan for providing access to new bus stops in accordance with the applicable provisions of the Americans with Disabilities Act of 1990 and the regulations implementing the Act at 49 C.F.R. part 37, Appendix A, section 10.2. III. INSTALLATION OF NEW BUS STOP SIGNS; CAPITAL IMPROVEMENT PROJECT 3.01 Location Lists. With this agreement, the Council shall provide to tile City a preliminary bus stops list designating locations at which bus stop signage is required and designating the locations at which Holders will be installed. Prior to commencement of the work, the Council will provide'to the City a detailed, updated bus stop sign inventory with specific information on file signage required at each bus stop location. A sample inventory is attached to this agreement as Exhibit A. 3.02 Delivery of Bus Stop Signs and Holders. The Council will furnish to the City Sign Components, consisting of bus stop signs and nylon washers for protecting the reflective front face of the bus stop signs, to be used by the City for installation of the signs. The Council will furnish to the City Holder Components, consisting of complete holder units and mounting screws, nuts, washers, and bearing plates; and tamperproof clamps for pipe installations and tamperproof screws for channel installations, including necessary keying tools. The Council will provide the City with a schedule for delivery of Sign and Holder Components. The Council will deliver Sign and Holder Components in substantial cartons with each sign and Holder protected to minimize the possibility of damage. The City shall notify the Council of signs or Holders found to be defective within a reasonable time after receipt of a delivery. The Council shall replace quantities of defective Sign or Holder Components to the extent permitted by its reserve supply. The City shall not install defective Sign or Holder Components. 3.03 Storage and Handling of Bus Stop Signs and Holders. The City shall inventory tile Sign and Holder Components received and maintain the inventory showing Components installed and in storage. The City shall use due care in handling the Components and shall store tile Components in a secure and dry location, stacking them on pallets or using other storage means that provide for air circulation between the floor surface and the cartons. The City shall not store the signs or Holders stacked flat. The City is responsible for loss of or damage to tile Sign and Holder Components while in the City's storage. The City shall not install damaged Sign or Holder Components. 3.04 Installation. The City shall be responsible for all work related to installing bus stop signs and Holders at locations in tile City as designated by the Council ill the bus stops list or bus stop sign inventory. This includes removal, recycling or disposing of materials, and repairs where necessary. The City shall provide all equipment, tools, and supplies necessary for installation, other than the Sign and Holder Components provided by tile Council. The City shall be responsible for placement of the signs at.the bus stops ill a manner ill compliance with the sign placement criteria furnished to the City by the Council. All hardware and other materials furnished and installed by the City shall be corrosion resistant, for exterior use, and ora quality at least equal to those used by the City for similar work. All hardware and other materials furnished and installed by the City shall be new and free from defects upon -2014- completion of the work. The City shall use the nylon protective washers furnished by the Councii under the City's own metal washers used in mounting the bus stop signs. The City shall install the protective nylon washers directly against the reflective sheeting of the front face of the bus stop signs. The City shall be responsible for recycling existing Circle-T Signs removed under this agreement. 3.05 Holder Installation. In installing Holders, the City shall use either Council-furnished safety, tamper-proof hardware, or tamper-proof hardware selected by and acquired at the City's own expense. The City shall install Holders in a manner so as to maximize pedestrian safety and minimize vulnerability to vandalism. The City shall perform the installation of each Holder by (1) removing the top (or bottom) end cap and glass window, (2) mounting the Holder to the sign-mounting structure approximately 5 feet, 10 inches (70 inches) from grade to the top of the Holder, and (3) replacing the glass window and refastening the top (or bottom) end cap to the Holder body. The City shall mount the Holder as labeled: "INSTALL HOLDER THIS END UP" to help insure that the bottom end cap (with its pre-fitted neoprene setting blocks for receiving the glass window) is at the bottom of the installed Holder. The Council shall be responsible for the installation of its own informational inserts in the Holder. IV. COMPENSATION FOR CAPITAL IMPROVEMENT PROJECT 4.01 Initial Worksheet and Proposal Sheet. The Council has prepared an initial Worksheet and an initial Proposal Sheet for the City's work related to Capital Improvement Project Number 3291. The initial Worksheet and the initial Proposal Sheet are attached to and incorporated in this agreement as Exhibit B and Exhibit C, respectively. The initial Worksheet and the initial Proposal Sheet display initial database quantities, application factors, projected quantities, and proposed compensation for the work to be performed. 4.02 Payment. The Council shall reimburse the City based on unit prices per task multiplied by quantities of tasks performed. 4.03 Compensation. The Council's estimate of reimbursement to the City is shown on the initial Proposal Sheet (Exhibit C). ao .Quautities enteFed on Exhibit C are fi'om March 1995 ora more current update of the Council's Allstops database. bo Unit costs entered on Exhibit C are the Conncil's estimate of fair and equitable compensation for the work to be performed. 4.04 Invoice Requirements. Progress payments and cumulative total compensation to the City shall be in accordance with an approved Cost Tabulation Sheet in the format in Exhibit D attached to and incorporated in this agreement. The Cost Tabulation Sheet shall be completed by the City and submitted to the Council for payment as follows: ao Quantities entered on the Cost Tabulation Sheet shall be invoice quantities of actual work performed. Quantities entered on the Cost Tabulation Sheet shall not exceed quantities shown on Exhibit C unless so alnended by prior written notification and mutual acceptance by authorized representatives of the Council and the City. -2015- Unit costs entered on the Cost Tabulation Sheet shall be identical to the unit costs shown on Exhibit C unless otherwise approved in writing by an authorized representative of the Council. Payment under this agreement is subject to the following requirements: (i) Billings shall be submitted not more frequently than once per month. However, the Council encourages the City to submit one billing upon completion of the work or progress billings at regular semi-annual or quarterly intervals. (ii) Invoices must include the Council contract number. ROUTINE REPLACEMENT AND MAINTENANCE OF EXISTING BUS STOP SIGNAGE 5.01 Services. The City shall be responsible for installing, maintaining, relocating, and moving existing bus stop signs and new bus stop signs installed after the date of this agreement at bus stop locations designated by the Council. The Council shall provide the signs. The City shall supply the signposts, hardware, and labor and equipment required for routine replacement and maintenance of bus stop signs. 5.02 Compensation. The Council will reimburse the City for the reasonable costs incurred in connection with routine maintenance and replacement of signs. The City shall submit invoices to the Council not more frequently than once per month for the City's routine bus stop sign replacement and maintenance activities. Each invoice must contain the Council contract number and be supplemented by an accompanying and separate detailed description of the work involved; the labor and equipment used in the performance of the work; and the parts and materials fimfished by the City. VI. TERM AND TERMINATION OF AGREEMENT 6.01 Term. This agreement sh. alt commence on the date of execution of this agreement and shall continue in force and effect until terminated in accordance with paragraph 6.02. 6.02 Termination of Agreement. Once the City has completed its responsibilities for Capital Improvement Project nnmber 3291, or if the Council notifies the City that funds for Capital Improvement Project Number 3291 have been depleted or withdrawn, the portions of this agreement providing for the performance of and payment for work for Capital hnprovement Project number 3291 shall terminate. This agreement may also be terminated by either party without cause upon sixty (60) days' written notice to the other party. VII. ACCOUNTING, RECORD, AND AUDIT REQUIREMENTS 7.01 Separate Accounts. The City agrees to establish and maintain separate accounts for the work undertaken pursuant to article II1 and article V. The City will maintain accnrate and complete records and accounts relating to the receipt and expenditnre of any and all funds paid by the Council under this agreement. The City must maintain adequate records to document all invoices submitted to the Council. All accounts and records shall be kept and maintained for a period of at least six (6) years following the termination of this agreement. -2016- 7.02 Audit. As required by Minnesota Statutes section 16C.05, subd. 5, the records, books, doeuments, and aeeountlng procedures and practices of the City and of any subcontractor relating to work performed pursuant to this agreement shall be subject to audit and examination by Council and the Legislative Auditor and State Auditor. The City shall permit the Council or its designee to inspect and copy all accounts, records and business documents, including those of any subcontractor, at any time during regular business hours as necessary to audit this agreement. Within thirty (30) days after completion, the City shall deliver to the Council a copy of any finanelal or operational audit of the work performed by the City done by the City or at its request or at the direction of any governmental agency or department. The Council shall have the right in its discretion to monitor, examine, and investigate all elements of the work performed pursuant to th is agreement. VIII. GENERAL PROVISIONS 8.01 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the City. 8.02 Compliance with Law. In pert'orming the work provided for in this agreement, the City agrees to comply with all applicable federal, state, aud local laws. In particular, the City will be responsible for performing installation of bus stop signs and holders in compliance with the applicable provisions off ao MINNESOTA MANUAL FOR UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND I llGHWAYS, current edition and as amended. bo MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION, current edition and as amended. Co MINNESOTA STATUTES CHAPTER 216D regarding excavation, location of underground facilities, notification of Gopher State One Calling System and precautions to avoid damage. Specific provisions in tiffs article include, in part, certain standard terms and conditions required by the Department of Transportation ("DOT"), whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT to be passed to the City, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Notwithstanding anything to the contrary in this agreement, all Federal Transit Administration ("FTA") mandated terms shall be deemed to control in the event ora conflict with other provisions coutained in this agreement. The City shall not perform any act, fail to perform any act, or refilse to comply with any Council requests which would cause the Council to be in violatiou of the FTA terms and conditions. However, no reference to DOT or FTA shall be construed to make DOT or FTA a party to this agreement. 8.03 Project Management Responsibility. The City shall be responsible to fimfish or secure, administer, and manage all labor, material, equipment and support for the accomplishment of the work, except as expressly stipulated to be furnished by or as the responsibility of the Council. Under the terms of this agreement, the City has and retains full control and supervision of the services and fi~ll control over the employment, direct compensation and discharge of all persons assisting in the performance of its services under this agreement. The City agrees to be solely responsible for all matters relating to payment of employees, il~cluding compliance with social security, payroll taxes and withholdings, unemployment compensation, and all other regulations governing such matters. The City agrees that any and all of its employees and all other persons employed by it in the performance of any work or services required or provided under this agreement, shall not be considered employees of the -2017- Council and that any and all claims that may arise under the Worker's Compensation Act of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of the City's or any subcontractor's employees or other persons while so engaged on any of the work or services to be rendered shall not be the obligation or responsibility of the Council. 8.04 Contact Persons. Upon entering this agreement, the Council and the City will each notify the other of the name(s) and telephone number(s) of contact persons for their respective duties under this agreement. The Council and the City shall each notify the other as soon as possible of any changes in the contact persons. If there are no changes in contact persons, by January I of each year this agreement is in effect, the City and the Cotmcil will confirm to the other that the information regarding the identified contact person remains valid. 8.05 Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The City's and the Council's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 8.06 No Waiver. Nothing in this agreement shall be interpreted as a waiver or release of either the Council's or the City's authority under Minnesota Statutes section 473.411, subdivision 5, pertaining to Council nsc of highways and other pnblic roadways and roadway apptn'tenances. The Council reserves its rights to have Council staff or contractors install temporary or permanent signs where necessitated by route changes or weather detours, or as required to conduct its public transit and paratransit operations. 8.07 Equal Employment Opportunity; Non-Discrimination. In conjunction with the execution of its obligations, the City agrees that it and any subcontractors shall not discriminate against any employee or applicant for employment becanse of race, color, creed, religion, natural origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, and shall take affirmative actions to ensure applicants are employed and employees are treated during employment without regard to race, color, creed, religion, national origin, sex, sexual orientation, marital status, statns with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, in all matters, including employment, npgrading, demotion, or transfer, recruitment or recruitment advertising; layoff, return fi'om layoff or termination; rates of pay or other forms of compensation; and selection for t,-aining or apprenticeship. The City agrees that it will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the U.S. Department of Transportation, to tile end that, in accordance with Title VI of the Act, no perso,~ in the United States shall, on tile grotmd of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity fimded by this agreement. The City further agrees that it, and any subcontractors under this agreement, shall not discriminate against any qualified disabled person who is an employee or applicant for employment and shall take affirmative action to ensure that such qualified individuals are treated without regard to their disability in regard to job application procedures; hiring, advancement or discharge of employees; compensation; job training; and other terms, conditions, and privileges of employment, pursuant to the Americans with Disabilities Act. In addition, the City agrees to abide by the requirements of 49 C.F.R. Part 23, regarding minority (disadvantaged) business enterprises in DOT programs. Failure to carry ont the requirements set forth itl -_. -2018- 49 C.F.R. section 23.43(a) shall constitute a breach of this agreement and, after the notification of the DOT, may result in termination of this agreement by the Council or such remedy as the Council deems appropriate. 8.08 Permits, Bonds, and Approvals. The City is respousible for obtaining all applicable local and state licenses, permits, bonds, and authorizations necessary for performing the work in this agreement. 8.09 Federal Requirements. The City acknowledges that this agreement is subject to FTA requirements for third party procurement. The City acknowledges that, if the City subcontracts the work provided for in this agreement, the City will conduct auy subcontractor solicitation and require performance of subcontracted portions of this agreement in compliance with applicable FTA requirements, including requirements of the Davis-Bacon Act, the Seismic Safety requirelnents of 42 U.S.C. {}7701, the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act. The City shall seek assistance from the Council in determining the applicability of these Federal requirements for any subcontracted work to be done under this agreement. 8.10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. If this agreement is in a total amount exceeding $100,000.00, by signing this agreelnent, the City certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department or agency. This certification is a material representation of fact upon which the Council relies in entering this agreement. If it is later determined that the City knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The City shall provide to the Council immediate written notice if at any time the City learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The City further certifies that it will comply with the requirements of 49 C.F.R. section 29.510 and obtain the required certifications before entering into any subcontracts over $100,000 using funds provided through this agreement, and submit copies of the subcontractors' certifications to the Council. 8.11 Certification of Restrictions on Lobbying; Disclosure. !£ this agreemeut is in a total amount exceeding $1~)1~,000, the City certifies that no federal appropriated fimds have been paid or will be paid. by or on bebalfofti~e City for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of auy federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. A certification of this compliance is attached to and made a part of this agreement as Exhibit E. The City further certifies that, if any fimds other than fedoral appropriated funds have been paid or will be paid to any person for influencing or a~tempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the projects fimded by the fimds allocated to the City in this agreement, the City shall complete and submit to the Council, Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The City certifies that it will require the language o£this certification be included in the award documents for any subcontracts in excess of $100,000.00 under this agreement, and that all subcontractors shall certify and disclose accordingly to the City. The certifications referred to in this article and attached and made a part of this agreement are malerial representations of fact upon which the Council relies when this agreement is made. -2019- IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly- authorized representatives. CITY OF MOUND By Its Date Approved as to form.: Mark Thompson Associate General Counsel METROPOLITAN COUNCIL By Tom Weaver, Regional Administrator Date -2020- CITY OF MOUND RESOLUTION # 04- RESOLUTION TO DENY PETITION FROM MIKE GARDNER AND TED METZ TO VACATE AN UNIMPROVED PORTION OF WOODLAND ROAD ADJACENT TO THE PROPERTIES LOCATED AT 1599 BLUEBIRD LANE AND 1601 BLUEBIRD LANE BETWEEN THE WEST EDGE OF THE STREET AND THE EAST EDGE OF THE FORMER COMMONS PID No. 13-117-24-12-0128 PID No. 13-117-24-12-0129 PLANNING AND ZONING CASE # 04-04 WHEREAS, the applicants, Mike Gardner and Ted Metz, submitted a petition to vacate an unimproved portion of Woodland Road adjacent to their property located at 1599 Bluebird Lane and 1601 Bluebird Lane between the west edge of the public street and the east edge of the former commons; and WHEREAS, the proposed area to be vacated is legally described as follows: That part of the Northerly half of Woodland Road (platted as Minnetrista Road in the plat of Woodland Point) which lies westerly of a line drawn from the Southeast corner of Lot 19, Block 6, to the Northeasterly corner of Lot 1, Block 7, and which lies easterly of a line drawn from the Southwest corner of Lot 18, Block 6, to the Northwest corner of Lot 24, Block 7, all in WOODLAND POINT. and; WHEREAS, Minnesota State Statutes Section 412.851 provides that a statutory city may vacate any street, alley or public way by resolution on its own motion or by the submission of a petition by a majority of the landowners abutting the area sought to be vacated; and WHEREAS, in granting a vacation request, the City Council must make a finding that such vacation would be in the public interest; and -202~ - WHEREAS, state statute requires that the City Council must hold a public hearing on the proposal following two weeks of published notice and posted notice in (3) public locations no later than (14) days prior to the hearing. The City must also provide written notice to each affected owner at least (10) days before the public hearing; and WHEREAS, City policy requires the review of all vacation requests by all involved departments and review by the Planning Commission prior to the City Council public hearing; and WHEREAS, the vacation request was also forwarded to the Docks and Commons Advisory Commission and Parks and Open Space Commission due to the Woodland Point Settlement Agreement involving Wawonaissa Commons; and WHEREAS, details regarding the request including all comments from Staff and and all involved public / private agencies are contained in Planning Report No. 04-04 which is on file in the Planning and Building Inspections Department; and WHEREAS, the request was reviewed by the Docks and Commons Advisory Commission at its April 15, 2004 meeting due to the Woodland Point Settlement Agreement; and WHEREAS, the street vacation request was reviewed by the Planning Commission at its April 19, 2004 meeting who unanimously voted to recommend denial of the vacation request. In its recommendation for denial, the Planning Commission stated that it wouldn't be in the public's best interest because of the existing utilities and because of the difficulty in maintaining unencumbered lake access; and WHEREAS, the street vacation request was reviewed by the Parks and Open Space Commission at its June 10, 2004 meeting who recommended that it be denied; and. WHEREAS, there are public utilities located in the right-of-way; and WHEREAS, there are private utilities located in the public right-of-way; and WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City Council of Mound held a public hearing on the vacation request on June 22, 2004 and provided proper notice thereof pursuant to state law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: -2022- The City hereby denies the public street right-of-way vacation request for the involved portion of Woodland Road adjacent to the properties located at 1599 and 1601 Bluebird Lane between the west edge of Bluebird Lane and the east edge of the former Commons and makes the following findings of fact: 1. It is not in the City's best interest to vacate the involved portion of Woodland Road as requested due to the following issues: a. There is municipally-owed sanitary sewer in the subject area. b. Excel Energy has overhead electrical facilities located within the subject area. The subject portion of Woodland Road provides unencumbered and unrestricted access to the lake for the residents of the Woodland Point subdivision and the multiple-dock users. d. The existence of Woodland Road Settlement Agreement involving the former Wawonaissa Commons. 2. This vacation request is denied for the following described property: That part of the Northerly half of Woodland Road (platted as Minnetrista Road in the plat of Woodland Point) which lies westerly of a line drawn from the Southeast corner of Lot 19, Block 6, to the Northeasterly corner of Lot 1, Block 7, and which lies easterly of a line drawn from the Southwest corner of Lot 18, Block 6, to the Northwest corner of Lot 24, Block 7, all in WOODLAND POINT. 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 July 13, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2023- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: June 1, 2004 SUBJECT: Waiver of platting / variance request APPLICANT: Thomas Gray PLANNING CASE NUMBER: 04-07 and 04-13 LOCATION: 5077 Shoreline Drive PID: 13-117-24-43-0008 ZONING: R-2 Residential COMPREHENSIVE PLAN: Residential SUMMARY At its June 21, 2004 meeting, the Planning Commission reviewed a request from Thomas Gray, for waiver of platting approval pursuant to City Code Chapter 330:12 to subdivide the property located at 5077 Shoreline Drive so as to create a new buildable, lot on Lot 7. The property is described as follows: Existinq Lots 7 & 8, Block 1 John S. Carlson Addition, Hennepin County, MN Proposed Lot 7, Block 1 Lot 8, Block 1 John S. Carlson Addition, Hennepin County, MN John S. Carlson Addition, Hennepin County, MN The applicant is also requesting variance approval for the existing house on Lot 8 which will become non-conforming as a result of the waiver request as the property will lose its "lot of record" status and is therefore subject to a minimum side yard setback of ten (10) feet. Currently, the house is located (7.5) feet from the property line on the west side. Details regarding the project are contained in Planning Report No. 04-04 which is on file in the Planning and Building Inspections Department and will be provided to members of the City Council upon request. -2024- BACKGROUND I SITE CONDITIONS The applicant purchased the property located at 5077 Shoreline Drive in November 2003. Currently, the property consists of (2) platted lots which were combined by a previous owner. The applicant proposes to subdivide the property so as to create a new buildable lot on Lot 7. There is an existing single-family home located on Lot 8 that was constructed in' 1951 and is to remain. Presently, there is no garage located on Lot 8. However, the applicant has demonstrated a proposed garage and driveway location on the new survey. LOT INFORMATION The subject property is zoned R-2 Single and Two Family Residential. The following table outlines the proposal's conformity with the R-2 regulations. Members of the Council are advised that the proposed new lots are consistent with the R-2 standards for lot area, width, depth and frontage. Lot Area Width Depth Front Setback Side Hardcover Setback(s) R-2 6,000SF 40FT 80FT 20FT 10 /10FT 30%Max Lot 7 7976 61 FT 133 FT 51 FT 10.2 / 10 FT 29.3 % Lot8 7170 61 FT 120 FT Ex. House 59 FT 7.5/13.7 FT 29.6 % Pro. Garage 20 FT 10 / 26 FT PLANNING COMMISSION REVIEW In general, the Planning Commission was favorable to the request as the proposed lots meet the R-2 regulations and no new nonconforming conditions are being created with the exception of the (7.5) foot side setback on Lot 8 which is an existing condition. Discussion also took place about the payment of trunk water and trunk sewer charges for the new lot. As recommended by Hennepin County, the use of a shared driveway for the waiver was supported by the Planning Commission and the applicant. RECOMMENDATION Based on its review, the Planning Commission unanimously voted to recommend approval of the waiver of platting and variance application as recommended by Staff subject to conditions. A copy of the June 21, 2004 Planning Commission meeting minute excerpts has been included as an attachment. Additionally, a draft resolution based on the Planning Commission's recommendation -2025- has also been provided. ADDITIONAL INFORMATION The variance request was submitted on or about May 3, 2004. Pursuant to M.S.S. 15.99, the City has (60) days to take action on the land use request unless an extension is executed. Members of the Council are advised that the application expired on or about July 1st therefore Staff executed a 60-day extension on June 21, 2004 for an additional 60-days regarding the City's review period. Members of the Council are advised that the City's review of the application was delayed as a representative for the project was not present at the June 7, 2004 Planning Commission meeting. Therefore, the application was tabled until the June 21st meeting. Members of the Council are further advised that State statute allows an alternate timeline of 120 days for review of subdivision applications. 2. The payment of trunk water and sewer fees of $1500.00 for the new lot being created should be required based on review by Staff. -2026- ,~- CITY OF MOUND RESOLUTION # 03- RESOLUTION TO APPROVE WAIVER OF PLATTING AND VARIANCE REQUEST FROM THOMAS GRAY FOR THE PROPERTY LOCATED AT 5077 SHORELINE DRIVE TO CREATE (2) LOTS Planning Case No. 04-07 and 04-13 PID No. 13-117-24-43-0008 WHEREAS, the applicant, Thomas Gray, has submitted a request for waiver of platting approval pursuant to City Code Chapter 330 to subdivide Lots 7 and 8, Block 1, John S. Carlson Addition so as to create a new buildable lot (Lot 7) to allow construction of a new single-family dwelling; and WHEREAS, the subject property is located at 5077 Shoreline Drive; and WHEREAS, the property is zoned R-2 and single-family residential is a permitted use; and WHEREAS, Lots 7 and 8, Block 1, John S. Carlson Addition are platted lots and were combined previously for tax-purposes by a former owner; and WHEREAS, there is an existing single-family home located on Lot 8 which is to remain and detached garage on Lot 7 which is to be demolished; and WHEREAS, the proposed lots meet the minimum area, width, depth and frontage requirements of the R-2 District with the exception of the side setback of (7.5) feet for the existing home on Lot 8 whic~h therefore requires variance approval as the setback requirement for a "non-lot of record" increases from (6) feet to (10) feet; and -2027- WHEREAS, City Code Chapter 330:12 states that a waiver of the platting request may be granted by the City Council if it is determined that the proposal is in compliance with all City codes; and WHEREAS, the waiver and Commission at its June 21, 2004 approval. variance request was reviewed by Planning meeting and unanimously recommended for NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City does hereby approve the waiver of platting request subject to the following conditions: Applicant shall be responsible for payment of all costs associated with City review of the waiver request. No future approval of any development plans and/or building permits is included as part of this land use action in the event the waiver of platting request is approved. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. do 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. eo If the resolution is released prior to the installation of municipal utilities and other related work (if applicable), a utility escrow deposit or other acceptable financial guarantee (ie. letter of credit) in an amount to be determined by the City Engineer shall be submitted.) fo One (1) park dedication fee in the amount of $1100.00 shall be paid pursuant to City Code Chapter 330:120, Subd. 3 prior to the release of the resolution. One (1) trunk water fee of $1500.00 and one (1) trunk sewer fee of $1500.00 shall be paid for the new lot being created at the time of building permit issuance. Sewer and water connection fees of $240.00 respectively shall be paid at the time of building permit issuance. -2028- i. Hardcover on the new lots shall not exceed 30 percent. A shared driveway shall be required for Lots 7 and 8 as recommended by Hennepin County. A private easement shall be prepared for the shared driveway and recorded at Hennepin County which shall be subject to review and approval by the City Engineer and/or City Attorney prior to release of the resolution. 2. The City does hereby approve the variance request and makes the following findings of fact: The (7.5) foot side setback for the house on Lot 8 is an existing condition and is not changing as a result of the subdivision. There are no variances associated with the new buildable lot (Lot 7). 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 variance is valid for one (1) year following its approval unless an extension is approved by the City Council pursuant to the City Code 350:530, Subd. 2 (E). Applicant shall be responsible for submittal of a written request no later than (30) days in advance of 1-year deadline of the original variance approval to the City. 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. o The waiver of platting and variance is approved for the following legally described property as stated in the Hennepin County Property Information System: Existin.q Lots 7 & 8, Block 1 John S. Carlson Addition, Hennepin County, MN Proposed Lot 7, Block 1 John S. Carlson Addition, Hennepin County, MN Lot 8, Block 1 John S. Carlson Addition, Hennepin County, MN The foregoing resolution was moved by Councilmember and seconded by Councilmember -2029- The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted July 13, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2030- ~. MINUTES ,MOUND ADVISORY PLANNING COMMISSION JUNE 21, 2004 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:09 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Cklair Hasse, David Miller, Greg Raines, Jon Schwingler and Dave Osmek. Absent and Excused: Michael Mueller and Becky Glister. Staff present: Community Development Director Sarah Smith, Planning Consultant Loren Gordon, and Recording Secretary Jill Norlander. The following individuals were present: Tom Gray (5077 Shoreline Drive) Agenda order was amended. BOARD OFAPPEALS CASE #04-07 and 04-13 WAIVER OF PLATTING/VARIANCE 5077 SHORELINE DRIVE -THOMAS GRAY The applicant is requesting a waiver of platting to subdivide and create a new buildable lot (Lot 7). The applicant is also requesting variance approval for the existing house on Lot 8 that will become non-conforming as a result of the waiver request as the property will lose its "lot of record" status and is therefore subject to a minimum side yard setback of ten feet. Currently, the house is located 7.5 feet from the properly line on the west side. Staff recommends approval of the waiver of platting and variance subject to the following conditions: 1. Applicant shall be responsible for payment of all costs associated with City review of the waiver request. 2. No future approval of any development plans and/or building permits is included as part of this land use action in the event the waiver of platting request is approved. 3. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 4. Applicant shall be responsible for procurement of any and/or all public agency permits including the submittal of all required information prior to building permit issuance. 5. 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 -2031 - amount to be determined by the City Engineer shall be submitted. 6. One park dedication fee in the amount of $1100.00 shall be paid pursuant to City Code Chapter 330.120, Subd. 3 prior to the release of the resolution. It was confirmed that the existing house, which is currently rental property, would not be rental once the new house is finished. MOTION by Osmek, seconded by Raines, to recommend approval with the additional requirement to pay WAC and SAC fees, if applicable. MOTION carried unanimously. 2032 ---11~.00-- x -2033- ~T13.00-- -2034- ' MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION JUNE 217 2004 CALL.TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:09 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Cklair Hasse, David Miller, Greg Raines, Jon Schwingler and Dave Osmek. Absent and Excused: Michael Mueller and Becky Glister. Staff present: Community Development Director Sarah Smith, Planning Consultant Loren Gordon, and Recording Secretary Jill Norlander. The following individuals were present: Tom Gray (5077 Shoreline Drive) BOARD OF APPEALS CASE #04-07 and 04-13 WAIVER OF PLATTING/VARIANCE 5077 SHORELINE DRIVE - THOMAS GRAY The applicant is requesting a waiver of platting to subdivide and create a new buildable lot (Lot 7). The applicant is also requesting variance approval for the existing house on Lot 8 that will become non-conforming as a result of the waiver request as the property will lose its "lot of record" status and is therefore subject to a minimum side yard setback of ten feet. Currently, the house is located 7.5 feet from the property line on the west side. Staff recommends approval of the waiver of platting and variance subject to the following conditions: 1. Applicant shall be responsible for payment of all costs associated with City review of the waiver request. 2. No future approval of any development plans and/or building permits is included as part of this land use action in the event the waiver of platting request is approved. 3. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 4. Applicant shall be responsible for procurement of any and/or all public agency permits including the submittal of all required information prior to building permit issuance. 5. 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 shall be submitted. 6. One park dedication fee in the amount of $1100.00 shall be paid pursuant to City -2035- Code Chapter 330.120, Subd. 3 prior to the release of the resolution. It was confirmed that the existing house, which is currently rental property, would not be rental once the new house is finished. MOTION by Osmek, seconded by Raines, to recommend approval with the additional requirement to pay WAC and SAC fees, if applicable. MOTION carried unanimously. -2036- CITY OF MOUND RESOLUTION NO. 04- RESOLUTION ADOPTING FEE SCHEDULE NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Fees shall be hereby established. In the event of a conflict between this schedule and the City Code, the fee schedule shall prevail. An application or code provision may require payment of fees for consultation with experts, professionals or other qualified persons or for other matters, which may result in the imposition of a fee greater than listed in this fee schedule. ADMINISTRATIVE FEES & CHARGES 400.20 Assessment search Comprehensive Plan Copies Faxes Duplicate license/permit Duplicate meeting tapes Minutes Notary (set by State) Recycling container purchase Recycling container replacement Returned Check Zoning Ordinance COBRA Continuation Administration Fee $20/search $30 .25/page .25/page $10 each $3/tape .25/page $1 each at cost at cost $25/check $20 2% AMUSEMENT & COMMERCIAL RECREATION Amusements: (Set by State) Expire April 30 410.10 Mechanical Amusement Machines Arcades: Expire Dec. 31st 405.00 Arcade Permit (fee per machine) Bowlincl: Expire April 30 420.05 Bowling (fee per alley) $15/location+ $15/machine $15/location + $15/machine $20/yr. -2037- FIRE SERVICES: Fire report (MFD Report) 225.27 Burning Permit False Alarm (per calendar year) PARKS & RECREATION: Depot rental- residents Depot rental- non-residents Key deposit City Hall room rentals ist 2nd 3rd 4th 5th- 10th ea. over 10 $10 $1o $0 $0 $50 $150 $250 $500 $75/day $150/day $40o $75/day PUBLIC GATHERING: 615.05 Park use fee: commercial events: (Plus other requests at cost) Damage Deposit TAX FORFEIT AND/OR CITY-OWNED PROPERTY Fee for staff review of request for release of tax forfeit and/or city-owned land Escrow Deposit for above $300/day $500 $200 POLICE SERVICES Administrative: Accident Report Police report: up to 5 single-sided pgs Addn'l pages, same report Drivers license check: non-resident Photographs: cost + reproduction,Film Audio Cassette Video Cassette Dept. computer check Dept. computer check/page Dept. computer check/hr, computer Finger printing: resident: Non-resident: $10 $5 .25 ea. $5 $25 $15 $40 $10 .25 ea. $50 N/C $25 5 -2038- Late Fee Penalty - For afl bills not paid on or before the due date specified on the bill, a 10% late fee will be added. 600.45 600.85 Sewer Availability charge(SAC) ., $1200/unit (passes through to Metro Council Environmental Services Agency) Sewer Trunk Area Charge (STAC) $1500/unit Sewer Service Connection Fee $240/unit Assessment Fee $25.00/cert. Storm Sewer: Single-Family or Two-family Residential Cemeteries Parks and Railroads Public and Private Schools/Institutional Use Multi-family Residential Uses Commercial/Industrial/Warehouse Use Churches $5.64/Iot/qtr. $2.31/acre/mo $7.06/acre/mo $11.79/ac/mo $28.31/ac/mo $47.48/ac/mo $11.79/ac/mo Street Liqhting: Fee per account per month $2.00/mo. Miscellaneous Fees: A miscellaneous fee shall be paid by the applicant for land use application expenses which the City incurs in regard to the review and processing of that application, and which exceeds the application fee. Such expenses may include, but are not limited to, direct City payroll and overhead costs, fees paid to consultants or professionals acting as an agent of the City, the cost of printing, mailing and supplies. Such miscellaneous fees shall come due immediately upon notification by the City. The City shall provide, upon request of the applicant, a breakdown of the various expenses incurred by the City. The City may withhold any final action on a land use application and/or rescind prior actions until all miscellaneous fees are paid in full. The City may request additional deposits if deemed necessary. Adopted by the City Council this 13th day of July, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 9 -2039- CITY OF MOUND RESOLUTION NO. 04-__ RESOLUTION RENAMING PRECINCT 2/4 WHEREAS, the City Council, by Resolution No. 04-34 dated March 9, 2004, did establish a new voting precinct, named Precinct 2/4; and WHEREAS, it has been determined by Hennepin County Elections Division that said name, Precinct 2/4, does not lend itself to their computer programs that generate election materials, including Master Lists and Voting Rosters; NOW, THERFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, To rename Precinct 2/4, to Precinct 2, with the boundaries being the same as the previously formed Precinct 2/4. The City of Mound's voting precincts will now be Precinct 1, Precinct 2, Precinct 3, Precinct 5, and Precinct 6. Adopted by the City Council this 13th day of July, 2004. Attest: Bonnie Ritter, CitY Clerk Mayor Pat Meisel -2040- MEMORANDUM To: City Clerk Bonnie Ritter From: Chief Jim Kurtz Date: July 7, 2004 Subject: North Hennepin Mediation Program The purpose of this memorandum is to voice my support for North Hennepin Mediation Program (NHMP). NHMP is highly regarded by police agencies in the Northern suburbs and is used extensively by cities such as; Brooklyn Park, Brooklyn Center, Crystal, and Maple Grove. While working for the Champlin Police Department I had the opportunity to work very closely with NHMP and have referred many cases to them over the years. The cases I found them most valuable for included; habitual runaways, neighbor disputes, and divorce/custody issues. These types of cases are often very complicated, emotionally charged, and always generate repeat calls for police service. Some habitual runaway cases create over 20 calls for service in a month. NHMP is a resource that brings disputers together in a neutral setting to resolve issues outside of the Criminal Justice System. I contacted NHMP in September of last year to mediate a long-term neighborhood dispute that had begun to escalate. The dispute created over 20 police contacts in three months. The mediators came out and met with the two families and resolved their problems. We have not been called to the addresses since that time. In fact, one of the families wrote a letter to the editor thanking the police department for intervening in the matter. Since that time, NHMP has successfully mediated two additional cases for us. The 1 ake a rea currently does not h ave a mediation service. I believe N HMP w ill b e a valuable asset to the City of Mound and will be used by many city departments, schools, apartment managers, and business owners. -2041 - North Hennepin'Mediation,Program Inc. 3300 County Road 10, Suite 2.12 ' Brooklyn Center, MN 55429 -2042- mO -2043- ~TM North Hennepin Mediation Program Inc. 3300 Bass Lake Road Suite # 212 Brooklyn Center MN 55429 (763) 561-0033 Fax: (763) 561-0266 www. mediationprogram.com Serving: · Brooklyn Center · Brooklyn Park · Champlin · Corcoran · Crystal · Dayton · Deephaven · Golden Valley · Hanover · Hassan Township · Hopkins · Maple Grove · Medina · Minneapolis (north) · Minnetonka · New Hope · Orono · Osseo · Plymouth · Robbinsdale · Rogers · Shorewood · St, Louis Park · Wayzata June 30,2004 Ms. Kandis Hanson City of Mound 5341 Maywood Rd Mound MN 55364 Re: Contract for Services Funding Request for North Hennepin Mediation Program Inc. for 2005 From the City of Mound Dear Ms. Hanson: North Hennepin Mediation Program Inc. requests funding from the City of Mound in the amount of $1500 for mediation and outreach services for 2005. SERVICES I have enclosed a copy of the Municipal Referral Form. In addition to providing you with an easy system for referring residents to mediation, the form should give you insight into the vadety of ways in which mediation services are currently helping you serve your community. In addition to mediation, outreach, and information and referral services, NHMP provides training and workshop opportunities. VVhile some trainings are specifically for NHMP mediators, others are open to referral partners. Later this year, we will provide a schedule of training and workshop opportunities for 2005. In addition, if you would like to have someone from our office come out and talk to your staff or a commission, we'd be more than happy to make those arrangements with you. FUNDING As always, NHMP seeks to secure a broad base of funding. We are able to leverage local and private funding through matching grants from State and Foundation sources. Our request of $1500 is approximately .8% of our estimated 2005 budget. STAFFING NHMP is currently staffed by a full time Executive Director, a .75 Program Manager, a .50 Community and Shared Parenting Case Developer, a .25 Technical and Evaluation Assistant. In addition, effective August 1, 2004 NHMP will add a .5 Coordinator of Multicultural Services as NHMP seeks to serve an increasingly diverse community. -2044- VOLUNTEERS Volunteers continue to be the backbone of the organization. They serve as mediators, Board of Directors, Committee members, fundraisers, trainers, technical assistants, and outreach presenters. Not only do they make each dollar stretch farther, they also help us maintain close connections to the communities we serve. In 2003 NHMP volunteers contributed over 5,000 hours! With recent expansions to our volunteer mediator roster, NHMP now offers the diverse skills of 78 trained mediators to our communities. YOUR SUPPORT We appreciate our past partnership with the City of Mound, and look forward to working together in the future to make this community a wonderful place to live and work. Thank you for your time and consideration. If you need further information, please feel free to contact me. Sincerely, 'Bbth Bailey-Allen Executive Director North Hennepin Mediation Program Inc. Enclosures: Municipal Referral Form General Mediation Service Brochure CITY OF MOUND REFERRAL FORM (TQ; North Hennepin Mediation Pro~am~ Referring/contactPerson: Phone: file # Fax: NHMP CASE NO: [-1 Human Relations [] City Council F-] Police Depamnent [-1 City Staff [] Other Are the parties aware of the referral to mediation? I I Yes I I No Have they agreed to mediate? [-~ Yes [-~ No PEOPLE INVOLVED: PARTY 1: PARTY 2: Name Name Address Address Phone Phone PARTY 3: PARTY 4: Name Name Address Address Phone Phone TYPE OFDISPUTE : Neighbor to Neighbor Property Issue Victim-Offender ~ Merchant/Consumer [--1 Human Rights [~ Juvenile Offenders [~ Disorderly Conduct [~Family ~ School [-3 Harassment Other Please use back of form for any additional parties and/or information. MAIL TO: North Hennepin Mediation Program Inc. 3300 County Road 10, Suite 212 Brooklyn Center, MN 55429 (763)561-0033 FAX TO: (763)561-0266 Providing opportunities to resolve conflicts effectively and respectfully Created 2/04 -2046- FROM : NHMP .~. .,m I ~,. 1~. .II ,Ii, PHONE NO. : ?635610266 Jul. 0? ~004 O?:4?AM P2 SERVICE AGREE AGREEMENT made this day of ' by and between the CITY OF a Minnesota municipal corporation CCibf'), and NORTH I-W~NNEPIN MEDIATION PROGRAM INC. ("Recipient"). REC1TALS A. Recipient has requested funds from the City for the following purpose: mediation of disputes. B. Minn. Stat. § 412.221 and City Charter § 1.02 authorizes the City to appropriate money and make expenditures for the specified purpose. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PAYMENT. The City hereby grants Recipient $:tj ~'t)0.00 for the purpose reques~ to be spent for the benefit of: .. residents. 2. USE OF GRANT. Kecipient shall use the grant' Proceeds exclusively for the purposes for which it was requested. If the grant or any part of it is not used for the purpose intended it shall be returned to ~he City. 3. GENERAL CONDITIONS, a. Recipient agrees that it will comply with all federal, state, and local statutes and ordinances relating to nondiscrimination. b. Recipient shall at all times be an independent contractor and shall not be the employee of the City for any purpose. c. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. d. All books, records, documents, and accounting procedures and practices of the Recipient and its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the City. 84267.02 R.NK:r02/21/00 -2047- FROM : NHMP PHONE NO. : ?635610266 Jul. 07 200~ O?:4?AM P3 CITY O~ 84267.02 2 -2048- T. o :~SOC lores City of Mound Cooperative Promotion Program Objective: Create a strategic Cooperative Marketing Plan to establish a serious, coordinated citywide initiative. We'll create financial and working partnerships with local businesses, new businesses, civic organizations and developers in the interest of continuing the excitement of the redevelopment of Mound and promoting the City of Mound as a place to live, work and shop. What is Cooperative Marketing? A system by which costs are divided between multiple parties. Usually, such programs are offered as a means of encouraging all parties to promote the city with a common theme and consistent image. The City will make the initial investment by underwriting the cost of developing the Cooperative Marketing Program (see below). Once the plan is complete, the working partnerships will underwrite the execution. Faiola & Associates applies over twenty years experience branding and positioning for real estate development, assembling high performance teams and implementing strategies for real estate organizations. We approach your plan with the philosophy that in order to have a successful campaign, a strong plan, we will work in collaboration with key city personnel, developers, key businesses and organizations are essential. 'By engaging Faiola & Associates, you gain instant access to a unified and cost-effective resource. Our ability to create the right plan for this project insures a consistent vision and message throughout the project resulting in faster community awareness and bottom line results. Following is summary of our brainstorming session on June 30: City of Mound Cooperative Marketing Program Proprietary & Confidential Page I of 3 Faiola & Associates, Inc. 212 Third Avenue North Suite 354 Minneapolis, MN 55401 -2049- 612.659.7800 www.faiolaassociates.com. Mound Then .... Mound Now .... Mound Future · Resistance to change · Don't know the meaning of the city name & its origin · Negative impact of manufacturing businesses · Poor Quality Education · Contamination · White Elephant Building - · Small Homes (Fishing Cabin) · Seasonal · Stepchild of Lake Minnetonka · Armpit of Lake Minnetonka · High Crime Rate (Drug/Alcohol related) · Low Rent District · Trailer Park · Low Self Esteem · Acknowledging change · Active Adult/Sr. Center updated Roads Changing · City Investment viewed positive · Significantly more buy-in from the community · Community has skin in the game · Increasing Self- Esteem/Pride · Acceptance · Better Education since open enrollment with higher test scores than surrounding Wayzata · Need a school/city/business collaboration · ConfidencJe · Mound Harbor Renaissance · Congestion · Get in Now- (increased property values and purchases) · Mound Harbor Renaissance Experiences a rebirth and celebrates change · Rewards of becoming a desirable location · Excellent Schools · Pride of Ownership · Place to raise a family · Destination for shopping & dining · Place to own a business · Strong Sense of community · Pedestrian Friendly · Downtown District · Strong Business Community · Lake style living Cooperative Prot:lram Plan Prior to the execution of the program, a complete plan promoting the redevelopment investments in Mound and attracting new development, business and consumers will be developed. This plan will provide a concise summary to be used in promoting the cooperative program, including; The positioning of The City of Mound Complete redevelopment strategy overview Overview of current and future projects in relation to redevelopment Surrounding community review and previous growth/current demographics Historical influence on the City of Mound and its identity Guidelines related to budget, production issues Full program description including: o concept o timeline o preliminary budget o kick start recommendations o recommended collateral Vision of the City and key City officials, business owners Demographics and geographics of target organizations and market identified key Mound players, organizations, developers and businesses Faiola & Associates, Inc. City of Mound Cooperative Marketing Program Proprietary & Confidential Page 2 of 3 212 Third Avenue North Suite 354 Minneapolis, MN 55401 612.659.7800 www.faiolaassociates.com -2050- ¢- Cost for Cooperative $2500 - $4000 - initial retainer due of $1250.00 with weekly status reports of time and labor. Time from start to finish is 30 days. Creative Concept and Execution plan budgets will be determined once initial plan is drafted and presented to Cooperative Program Advisory team for consent and buy-in. Creative Concept Once the-~rbgram has been approved, we will also move forward with creating the concepts for the campaign. Once approved, designs will be developed by our experienced design team under the established requirements. We will schedule a concept review meeting and provide you: Three initial black and white rough concepts. At this time, we will evaluate and discuss the approach. End product may be one of the designs or a combination of various elements. Additional round of black and white concepts will be presented, per concept review meeting feedback. Production of approved design and final artwork produced within the production state. Cost for Concept to be determined based on preliminary budgeting. Execution Plan Our team will develop a comprehensive plan designed with an integrated approach to targeted organizations. The plan addresses action through completed project. We take an innovative approach by inclusion of traditional marketing mix, cutting edge techniques, Web strategy, public relations, advertising and cooperative marketing programs. An outline of items included in the Execution Plan: Meeting Strategy & Schedule Collateral Material (s) Event Identification and Plan Signage Merchandising Displ'ays Advertising and Promotions Public Relations Final timeline Complete Media Plan Project Management Financial Tracking & Analysis Costs for execution are billed at $125/hour with weekly status reports to Cooperative team. Kandis, we're looking forwai'd to working with you and your outstanding team. We are confident our methodology, expertise and firm commitment will result in a successful project and a long term working relationship. Regards, Tammy Faiola City of Mound Cooperative Marketing Program Proprietary & Confidential Page 3 of 3 Faiola & Associates, Inc. 212 Third Avenue North Suite 354 Minneapolis, MN 55401 612.659.7800 www.faiolaassociates.com -2051 - MEMORANDUM Hoisington Koegler Group Inc. mia lflH TO: Mound City Council and Staf~ FROM: Loren Gordon, AICP DATE: July 8, 2004 SUBJECT: PC Case #04-12 - 5218 Bartlett Road - Mount Olive Lutheran Church CUP revised plans This case was continued from the June 22nd City Council meeting to the July 13th meeting to allow the applicant to provide additional information on the following items: 1. Screening of the memorial garden from the adjacent residential neighborhood to the north. 2. Address potential drainage issues. 3. Provide provisions to require that the cremated remains not be placed directly in the ground but in some type of vault or liner. Attached in your packets are the following revised submittals: Certificate of Survey showing the elevation of the proposed memorial garden of 946.5 feet which is elevated about 2 to 3 feet above the surrounding grade. The adjacent wetland has a normal elevation of 939.0 feet. · A revised plan sheet showing an arborvita border circling about ~ of the memorial garden perimeter. Rules and Regulations document with the following changes: 1) Section III(D)(1) Use of Interment Sites Contains provisions for cremated rem.ains.to be buried only in urns. 2) Purchase Agreement contains an acknowledgement section identifying that the cremated remains shall only be placed in urns. This is consistent with the above provision in the Rules and Regulations. The public hearing was continued from the previous meeting to allow for additional public input on the revised plans. The attached Resolution for approval is in order for City Council adoption consistent with the above noted revisions. Any additional provisions the Council feels are necessary to be included in the CUP should be specifically called out and included in the motion. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2052- RESOLUTION # 04- RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR THE PURPOSE OF A MEMORIAL GARDEN AT MOUNT OLIVE LUTHERAN CHURCH LOCATED AT 5218 BARTLETT BOULEVARD, TRACT A & PART OF BLOCK 2, SHIRLEY HILLS UNIT "D", PID # 24-117-24 21 0036 P&Z CASES # 04-12 WHEREAS, Mount Olive Lutheran Church is requesting a conditional use permit and variances associated with a memorial garden. The church is located at the comer of Bartlett and Wilshire Blvd. Zoning of the property is R-1 which allows the church as a conditional use; and, WHEREAS, the proposed project would add an additional 1383 square feet of hardsurface through sidewalks and stonework requiring the following variance; Impervious surface' Proposed .Required Variance 54,683 sf 47,153 sf 7530 sf WHEREAS the project involves construction of a memorial garden for the interment of created human remains on the church property. The garden would be located in the northwestern portion of the property. The memorial garden wotild be constructed of natural materials - slate, flagstone, turf, and various plant materials. The plans indicate the circular design of the memorial garden is 75 feet in diameter and would accommodate 376 plots measuring 18" by 18"; and, WHEREAS, adjacent to the property is a residential neighborhood to the north and a DNR wetland to the west. The garden is 17 feet from the western property line and about 150 feet from the north property line; and, -2053- WHEREAS, inurned cremated human remains are not subject to the same State Statute requirements for burial of human bodies which can only occur in cemeteries. Land use regulations for cemeteries as found in Section 350:1225 Subd. 3(A)(2) are therefore not applicable to the memorial garden as proposed; and, WHEREAS, the Planning Commission has reviewed the request and unanimously recommend approval of the Conditional Use permit and Variances as recommended by staff; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a conditional use permit with the following conditions: a. The applicant shall be responsible for the payment of all costs associated with the variance request. The applicant request a review of the project for and necessary building permits that may be need prior to commencement of construction activities. The applicant be responsible for securing any use and operation approvals from the State as may be required. 2. The Conditional Use Permit and variances are granted for the following new legally described property: o Tract A & part of Block 2, Shirley Hills Unit "D", Hennepin County, Minnesota. The City does hereby grant a variance for hardcover as requested by the applicant based on the following findings of fact: a. The church property functions more similarly to commercial property than it does residential property. b. Hardcover restrictions .for commercial property are 75% as compared to the maximum residential district allowance of 40%. c. The proposed hardsurface increases occur in the form of small width sidewalks and stone areas that would allow some degree of groundwater filteration. do The proposed hardsurface would not negatively i~pact surface water runoff from the site. -2054- 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. o The variance is valid for one (1) year following its approval unless an extension is approved by the City Council pursuant to the City Code 350:530, Subd. 2 (E)o Applicant shall be required to submit a written request at least 30 days preceding 1-year deadline of the original approval date by the City Council. The foregoing resolution was moved by Councilmember seconded by Councilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted July 13, 2004 Pat Meisel, Mayor Bonnie Ritter, City Clerk -2055- C-) '--t C,'I t'- -2057- MOUNT OLIVE LUTHERAN CHURCH 5218 Bartlett Boulevard Mound, Minnesota 55364 MOUNT OLIVE LUTHERAN CI-IURCH MEMORIAL GARDEN RULES AND REGULATIONS SECTION I: ESTABLISHMENT The name of this ministry (activity) is The Mount Olive Memorial Garden ("Memorial Garden), a place for the interment of ashes of a cremated human body (Cremains). This is a subordinate activity of Mount Oli~.e Lu~eran Church, 5218 Bartlett Blvd., Mound, MN 55364. The Memorial Gardens are owned and Ol~brat~d by Mount Olive Lutheran Church and will be operated and maintained subject tc~ the approval of the Church Council. The Church Council has prescribed these Rules and Regulations for the purchase, maintenance and administration of the Memorial Garden as set forth herein. ~'ese "Rules and Regulations'~, ~ they now exist or may here in after be amended, along with the "purchase 3,greement and Reservation of Right of Use" contain the terms and conditions of the agreement between the Church Council of Mount Olive Lutheran Church and the purchaser of a fight to use space in the Memorial Garden. SECTION II: MEMORIAL GARDEN COMMITTEE A. GENERAL POWERS: Custody and control of the memorial Garden, the interment sites therein and all matters relating thereof, are vested in all respects in the Church Cdlmcil as fully constituted from time to time. A Memorial Garden Committee as appointed by the Church Council shall manage, subject to the direction and control of the Church Council, the use and maintenance of the Memorial Garden and its interment sites. B. MEMBERSItlP: The Memorial Garden Committee will consist of no more than five (5) and no less than three (3) member~ as follows: Three (3) to Five (5) members including Chairman, appointed by the Church Council.' The Pastor shall serve as an ex-official member of the committee. The appointees shall serve for three (3) years and must be active members of the congregation. They may be reappointed for an additional three (3) year term, after which a year must elapse before reappointment. The initial committee appointme .l!. ts will be made for terms of one (1) to three (3) years which will provide for an orderly succession and remover. There shall be the following officers on the Memorial Garden Cm~vJttee: Chairperson and secretary. The chairp~on shall bea member of the Board of Elders of the church. T15e seeretarywill be elected by- committee members. Vacancies on the Memorial garden committee will be filled by appointment of the Church Council. C. MEETINGS: The Mem~orial Garden Co .mmittee sh~l! meet at least bi-annually and at other, such. times as maybe required to carry out the functions of the committee. Three (3) members shall constitute a quorum and actions shall be taken by a majority vote of those present. The Pastor as an ex-official member does not have voting privileges. .~ ~ -2058- D. DUTIES OF MEMORIAL GARDEN COMMITTEE OFFICERS 1. The chair shall: a. Preside at all Memorial Garden Committee meetings. b. Be responsible for and manage the affairs of the Memorial Garden on a day to day basis between the meetings of the Memorial Garden Committee, subject to the control and approval of the Memorial Garden as a whole. c. Oversee the receipt and acknowledgment of the Memorial Funds, given specifically for the Memorial Garden. d. Receive statements bom the Church Treasurer regarding the Memorial Garden funds and keep the Memorial Garden Committee advised of the status of these funds. 2. The secretary shall: a. Record-minutes of all meetings of the Memorial Garden Committee. b. Maintain files, records, and receipt of funds of all Purchase Agreemem and Reservation of Right to Use forms. c. Record and maintain data on the identity and specific location of ashes interred in or removed from the Memorial Garden. E. COMPENSATION Members of the Memorial Garden Committee are not entitled to any compensation, direct or indirect, for matters relating to the use or operation of the Memorial Garden. F. ANNUAL REPORT The Chair, with the assistance and approval of the Memorial Garden Committee as a whole, shall prepare and present an annual report at the annual Voters' meeting. The report will contain a summary of the significant activity and financial status of the Memorial Garden. a.'CONT CTS "' The chairman of the Memorial Garden Committee and the Chairman of the Board of ' ' Trustees of Mount Olive Lutheran Church are authorized to sign the Purchase Agreement and Reservation of Right of Use Form on behalf of the church. · H. MAINTENANCE The Memorial Garden Committee to oversee the mowing, gardening, lawn services and tree care of the Memorial Garden. I. INTERMENT The Memorial Garden Committee is responsible for the location of, opening of, and closing of the interment site. SECTION HI: TERMS AND CONDITIONS OF PURCHASE A, APPLICATIONS: 1. It is the intention of the Church Council that the right to purchase the use of a site in the Memorial Garden be available to current active members of Mount Olive and their families; provided, however, on an exception basis others may purchase and -2059- o use Memorial Garden sites when specifically authorized by a joint agreement of all of the following: the Pastor, the Church Council and the Memorial Garden Committee Persons desiring to purchase the use of a site in the Memorial Garden will submit a written application, entitled "Purchase Agreement and Reservation of Right of · Use", to the Memorial Garden Committee. The form will require information necessary for the Memorial Garden Committee to act on the request. In addition, the applicant will be given a copy of these Rules and Regulations. Purchasers must be natural persons or the personal representative of deceased or incompetem persons. Two individuals may qualify as a Purchaser, taking title as joint tenants with the right of survivorship and not as tenants in common; their rights are exercised jointly while both are living, or by the survivor. The person whose ashes are to be interred in the Memorial Garden ["Designated Person"] must be a person authorized to purchase as a site. At the time of purchase, the Purchaser may name up to two (2) living family members (including purchaser) whose cremains maybe interred in the site. The term "Family" as used herein includes parish members, their spouse, and children and others who are family members as that term is commonly used. At the time of the interment the family of the deceased shall provide a copy of the obituary to be kept on file in the Mount Olive Lutheran Church Office. B. PURCHASE OF TIlE USE OF SITES: 1. Reserving a future site for interment is effective uPOn receipt of the full cost of the' site and a completed Purchase Agreement and the Right of Use Form which has approval of the Memorial Garden Committee and the Church Council. The Purchase Agreement and the Right of Use Form shall be signed by the Chairman of the Board of Trustees and the Chairman of the Memorial Garden Committee. 2. The Purchase Agreement and the reservation of the Right of Use shall be executed in duplicate, the duplicate copy to be delivered to the purchaser and the original to the church. 3. The purchase price is for the fight of use of a 18" x 18" interment site in the ground .of the Memorial Gardens, which will aCcommodate the'mm of up to two (2) persons, and the cost of the interment of the cremains for one person. A change in rates in effect at the time of the re-opening will be made for opening the site for additional intermeri/s and for the cost of an additional name plate. The purchase price also includes maintenance of the site and the Memorial Garden in general, the cost of establishing and maintaining records of use, administration and the preparation and installation of one name plate. 4. Purchaser's right may not be assigned, transferred or inherited without the written consent of the Church Council and shall not be subject to the claims of creditors. 5. No real property is created or tran~qferred by the Purchase Agreement and Reservation of Right of Use, these Rules and Regulations or payments for a site. Payment relates only to the use of a site for,cremains as provided for herein. 6. At the time of application and agreement, the Purchaser will indicate the specific ground site desired. The Memorial Garden Committee will use its best efforts to -2060- grant the requested ground site at the time of interment. C. PAYMENT Payment for the use of a site in the Memorial Garden for the cremain.q of a designated person shall be in such amount and in such a manner as maybe determined from time to time by the Church Council. -The purchase price for the Purchase Agreement and Reservation of Right of Use includes: (a) use of a site 18 inches square in the ground; (b) marker prepared ia accordance with specifications approved by the Church Council; (c) opening and closing of the ground for the cremains of one person; (d) administration and maintenance of the Memorial Garden. Opening, closing, and nameplate costs for any additional interment at a site will be assessed at rates then in effect. D. USE OF INTERMENT SITES '~1. Cremated human remains only may be interred. Only burial urns shall be used measuring no more than 9x9 inches and shall be buried at depth of 24 to 30 inches, and in sites 18 inches wide. 2. A religious service shall be held in connection with each interment. A member of the clergy of Mt. Olive shall be present and shall conduct the service, except that, at the discretion of the Pastor of Mt. Olive, supervision of the service may be designated to another member of the clergy, but a representative of Mt. Olive shall in any case be present. 3. Identification of each person interred in a site will be placed on a nameplate designated for this purpose in the Memorial garden. The cost of the nameplate for one person is included in the purchase price. There will be an additional charge for nameplates for subsequent persons interred in a site. Inscriptions on the nameplate are limited to the name of the deceased. The use of fraternal seals, professional designations or similar inscriptions is expressly prohibited. 4. There will be no scattering of ashes permitted. 5. Potted plants are not permitted: The use of glass vases, chive jars, tin cans are not permitted and are subject to immediate removal. Artificial flower plant or wreaths are not permitted. Absolutely no man-made or natural decorations are permitted other than the identification markers. The Memorial Garden Committee reserves the right to determine any marker placed on the lot. The Memorial Garden Committee will have jurisdiction over the landscape design embodied in the Memorial Garden. E. LIMITATION OF LIABILITY: The Purchaser's payment for use of a site in the Memorial Garden is made without any reservation, conditions or restrictions and the monies may be use for any law'fid purpose deemed proper by the Church Council. It is the intention of the Church to exercise reasonable and ongoing care to maintain the Memorial Garden. However, neither the Church nor any person acting for the Church assumes or shall have any liability or responsibility for the preservation or loss of, or damage to the cremains of any p&rson interred in the Memorial Garden, or for any loss or damage relating to the Memorial garden from acts of God, vandalism, theft, or -2061 - other causes or contingencies. F. MODIFICATION OF TERMS AND CONDITIONS: The terms and conditions, these rules and Regulations and all amendments, alterations, changes or modifications thereof shall apply to and be binding on the Purchaser, designated Persons and any person succeeding in interest thereto who may be recognized and accepted by the Church Council as succeeding to any right under the Purchase Agreement and Reservation of Right to Use. G. REQUESTS: Any request relating to the Memorial Garden shall be made in writing to the Church Council of Mount Olive Lutheran Church. H. RELOCATION: If, in the judgment of the Church Council, it shall be deemed necessary at any time to change location of the interment sites in the Memorial Gardens or to discominue its use or any part thereof, the Church Council shall use its best reasonable efforts to preserve the eremains from a~.y sites affected by such changes or discontinuance and place such cremains in another site An the Memorial Gardens or to another appropriate location as in its sole discretion the Church Council may select. I. TERMINATION OF RIGHT TO USE 1. Repurchase of Site: If there has been no intermem in a site and the Purchaser · determines that the site is no longer needed, the Church may, in its sole discretion, agree to repurchase the Purchaser's rights. Mount Olive shall pay no more than 80% of the sum paid by the Purchaser at the time of purchase, there being no fight in the Purchaser to any interest accrued: o Sale of Site By Purchaser: Sites may not be sold, transferred or assigned by Purchaser without the prior written consent of the Church. Any attempted transfer or assignment without such consent shall be null and void and of no effect. If a PUrchaser desires to transfer a Site, the name, address, telephone number and parish member status of the proposed transferee shall be forwarded to Mount Olive for review. e · Termination of Right to Use: The right of the Purchaser to use a site shall cease if the present church property is no longer owned by the Church orthe present church edifice is demolished ot if in the opinion' of the Church Council because of significantly changed circumstances it is no longer feasible to maintaln' the Interment Garden. In the event of the termination of such right, all interred remains may be removed. If, after reasonable notice, such remains are not removed by representatives of the person or persons interred, the Church shall have the right to remove and dispose of them in an appropriate manner, and thereafter no right of use of an interment' sites in the memorial Garden shall exist in the Purchaser or any other person. -2062- SECTION IV=MEMORIAL GARDEN FUND A. ESTABLISHMENT OF FUND: There is established a special fund called the Memorial garden Fund. The Fund is so named to reflect present dedication to the Memorial Garden and possible future dedication to other interment sites at the Church. This Fund will be administered as a restricted fund under the direction of the Church Council. B. ADMINISTRATION OF THE FUND: All monies received on account of the Memorial Garden shall be deposited in a special restricted account designated by the Mt. Olive Lutheran Church's Treasurer. The Church shall maintain an account for the Memorial Garden Fund as a restricted account which shall be subject to audit and review in the same manner as other financial records of Mt. Olive's. The Treasurer shall submit financial reports to the Church Council as requested with respect to the Memorial Garden Fund. C. PURPOSE OF FUND: The purpose of the Fund is to improve and beautify the Memorial Garden and provide for ongoing maintenance, care and administration of the Memorial Garden and any sites which may be established in the future. It is intended that all monies received in payment for the fight to use sites in the Memorial Garden be deposited in the Memorial Garden Fund where they will be invested in a manner directed by the Church Council. It is intended that the income from the Fund be used for the purposes defined above, or for future expansion of the Memorial Garden. -2063- PURCHASE AGREEMENT AND RESERVATION OF RIGHT TO USE OF THE MOUNT OLIVE LUTHERAN CHURCH MEMORIAL GARDEN · MOUNT OLIVE LUTHERAN CHURCH $218 Bartlett Boulevard Mound, Minnesota $$364 1. of (name) (address) hereby purchase the right to use a site in the Mount Olive Lutheran Church Memorial Garden, owned by Mount Olive Lutheran Church for the sole purpose of interment of ashes of the person designated below for the sum of $500.00, paid on Receipt of payment acknowledged by. The cremains of the following Designated Persons will be interred: 1. As consideration for the right to use a site, on behalf of myself, my heirs, assigns and Designated Person, I acknowledge and agree to the following: 1. I will be bound by the Mount Olive Memorial Garden Rules and Regulations as they now exist or which may be hereafter adopted or amended. ~k ~ 2. The sealed burial urn shall be placed directly in the ground at depth of 24 to 30 inches. 3. This agreement creates only a right of use in a site within the Memorial Garden. 4. Prior to and as a condition to interment, the next ofkin must provide to the Church the name, age, sex, date and place of death. It is also requested that an obituary of the deceased be given to the Church Office to be kept on file, and a Disposition Certificate from the Crematorium. This Agreement has been executed by the Purchaser on the day of 2O The Agreement will become effective when accepted by the Church Council and signed by the Chairman of the Memorial Garden C~mmittee and the Chairman of the Board of Trustees, Purchaser Signature Accepted by the Church Council on the day of ,2O Chairman, Board of Trustees Chairman, Memorial Garden Committee -2064- MOUNT OLIVE LlYrHERAN CHURCH 5218 Bartlett Boulevard Mound, Minnesota 55364 MOUNT OLIVE LUTHERAN CHURCH MEMORIAL GARDEN RULES AND REGULATIONS SECTION I: ESTABLISHMENT The name of this ministry (activity) is The Mount Olive Memorial Garden ("Memorial Garden), a place for the interment of ashes of a cremated human body (Cremains). This is a subordinate activity of Mount Olive Lutheran Church, 5218 Bartlett Blvd., Mound, MN 55364. The Memorial Gardens are owned and operated by Mount Olive Lutheran Church and will be operated and maintained subject to the approval of the Church Council. The Church Council has prescribed these Rules and Regulations for the purchase, maintenance and administration of thc Memorial Garden as set forth herein. These "Rules and Regulations", as they now exist or may here in aider be amended, along with thc "purchase Agreement and Reservation of Right of Use" contain the terms and conditions of the agreement between the Church Council of Mount Olive Lutheran Church and the purchaser of a right to use space in the Memorial Garden. SECTION II: .MEMO.RIAL GARDEN COMMITTEE A. GENERAL POWERS: Custody and control of the memorial Garden, the interment sites therein and all matters relating thereof, are vested in all respects in the Church Council as fully constituted from time to time. A Memorial Garden Committee as appointed by the Church Council shall manage, subject to the direction and control of the Church Council, the use and maintenance of the Memorial Garden and its interment sites. B. MEMBERSHIP: The Memorial Garden Committee will consist of no more than five (5) and no less than three (3) members as follows: Three (3) to Five (5) members including Chairman, appointed by the Church Council. The Pastor shall serve as an ex-official member of the committee. The appointees shall serve for three (3) years and must be active members of the congregation. They may be reappointed for an additional three (3) year term, after which a year must elapse before reappointment. The initial committee appointments will be made for terms of one (1) to three (3) years which will provide for an orderly succession and turnover. There shall be the following officers on the Memorial Garden Committee: Chairperson and secretary. The chairperson shall be a member of the Board of Elders of the church. The secretary will be elected by committee members. Vacancies on the Memorial garden committee will be rifled by appointment of the Church Council. C. MEETINGS: The Memorial Garden Committee shall meet at least bi-annually and at other such times as maybe required to carry out the functions of the committee. Three (3) members shall constitute a quorum and actions shall be taken by a majority vote of those present. The Pastor as an ex-official member does not have voting privileges. -2065- D. DUTIES OF MEMORIAL GARDEN COMMITTEE OFFICEI~,, 1. The chair shall: a~ Preside at all Memorial Garden Committee meetings. b. Be responsible for and manage the affairs of the Memorial Garden on a day to day basis between the meetings of the Memorial Garden Committee, subject to the control and approval of the Memorial Garden as a whole. c. Oversee the receipt and acknowledgment of the Memorial Funds, given specifically for the Memorial Garden. d. Receive statements from the Church Treasurer regarding the Memorial Garden funds and keep the Memorial Garden Committee advised of the status of these funds. 2. The secretary shall: a. Record minutes of all meetings of the Memorial Garden Committee. b. Maintain files, records, and receipt of funds of all Purchase Agreement and Reservation of Right to Use forms. c. Record and maintain data on the identity and specific location of ashes interred in or removed from the Memorial Garden. E. COMPENSATION.. Members of the Memorial Garden Committee are not entitled to any compensation, direct or indirect, for matters relating to the use or operation of the Memorial Garden. F. ANNUAL REPORT The Chair, with the assistance and approval of the Memorial Garden Committee as a whole, shall prepare and present an annual report at the annual Voters' meeting. The report will contain a summary of the significant activity and financial status of the Memorial Garden. G. CONTRA .L~S The chairman of the Memorial Garden Committee and the Chairman of the Board of Trustees of Mount Olive Lutheran Church are authorized to sign the Purchase Agreemem and Reservation of Right of Use Form on behalf of the church. H. MAINTENANCE The Memorial Garden Committee to oversee the mowing, gardening, lawn services and tree care of the Memorial Garden. The Memorial Garden Committee is responsible for the location of, opening of, and closing of the interment site. SECTION Ilh TERMS AND CONDITIONS OF PURCHA~. ,E. A. APPLICATIONS: 1. It is the intention of the Church Council that the right to purchase the use of a site in the Memorial Garden be available to current active members of Mount Olive and their families; provided, however, on an exception basis others may purchase and -2066- use Memorial Garden si~es when specifically authorized by a ]ohat agreement of all of the following: the Pastor, the Church Council and the Memorial Garden Committee. Persons desiring to purchase the use of a site in the Memorial Garden will submit a written application, entitled ."Purchase Agreement and Reservation of Right of Use", to the Memorial Garden Committee. The form will require in_formation necessary for the Memorial Garden Committee to act on the request. In addition, the applicant will be given a copy of these Rules and Regulations. Purchasers must be nalural persons or the personal representative of deceased or incompetent persons. Two individuals may qualify as a Purchaser, taking title as joint tenants with the fight of survivorship and not as tenants in common; their rights are exercised jointly while both are living, or by the survivor. The person whose ashes are to be interred in the Memorial Garden ["Designated Person"] must be a person authorized to purchase as a site. At the time of purchase, the Purchaser may name up to two (2) living family members (including purchaser) whose cremains maybe interred in the site. The term "Family" as used herein includes parish members, their spouse, and children and others who are family members as that term is commonly used. At the time of the interment the family of the deceased shall provide a copy of the obituary to be kept on file in the Mount Olive Lutheran Church Office. B. PURCHASE OF THE USE OF SITES: 1. Reserving a future site for interment is effective upon receipt of the full cost of the site and a completed Purchase Agreement and the Right of Use Form which has approval of the Memorial Garden Committee and the Church Council. The Purchase Agreement and the Right of Use Form shall be signed by the Chairman of the Board of Trustees and the Chairman of the Memorial Garden Committee. 2. The Purchase Agreement and the reservation of the Right of Use shall be executed in duplicate, the duplicate copy to be delivered to the purchaser and the original to the church. 3. The purchase price is for the right of use ora 18" x 18" interment site in the ground of the Memorial Gardens, which will accommodate the cremains of up to two (2) persons, and the cost of the interment of the cremains for one person. A change in rates in effect at the time of the re-opening will be made for opening the site for additional interments and for the cost of an additional name plate. The purchase price also includes maintenance of the site and the Memorial Garden in general; the cost of establishing and maintaining records of use, administration and the preparation and installation of one name plate. 4. Purchaser's right may not be assigned, transferred or inherited without the written consent of the Church Council and shall not be subject to the claims of creditors. 5. No real property is created or tra~fe~ by the Purchase Agreement and Reservation of Right of Use, these Rules and Regulations or payments for a site. Payment relates only to the use of a site for cremalns as provided for herein. 6. At the time of application and agreement, the Purchaser will indicate the specific .ground site desired. The Memorial Garden Committee will use its best efforts to -2067- grant the requested ground site at the time of interment. C. PAYMENT 1. Payment for the use of a site in the Memorial Crarden for the cremains of a designated person shall be in such amount and in such a manner as maybe determined from time to time by the Church Council. The purchase price for the Purchase Agreement and Reservation of Right of Use includes: (a) use of a site 18 inches square in the ground; (b) marker prepared in accordance with specifications approved by the Church Council; (c) opening and closing of the ground for the cremains of one person; (d) administration and maintenance of the Memorial Garden. Opening, closing, and nameplate costs for any additional interment at a site will be assessed at rotes then in effect. D. USE OF INTERMENT SITES 1. Cremated human remains only may be interred in sites within the Memorial Gardens plotted and designated as interment sites. Ashes shall be deposited directly into the ground at least three (3) inches under ground level. No containers or urns shall be used. 2. A religious service shall be held in connection with each interment. A member of the clergy of Mt. Olive shall be present and shall conduct the service, except that, at the discretion of the Pastor of Mt. Olive, supervision of the service may be designated to another member of the clergy, bm a representative of Mt. Olive shall in any case be present. 3. Identification of each person interred in a site will be placed on a nameplate designated for this purpose in the Memorial garden. The cost of the nameplate for one person is included in the purchase price. There will be an additional charge for nameplates for subsequent persons interred in a site. Inscriptions on the nameplate are limited to the name of the deceased. The use of fraternal seals, professional designations or similar inscriptions is expressly prohibited. 4. There will be no scattering of ashes permitted. 5. Potted plants are not permitted. The use of glass vases, chive jars, tin cans are not permitted and are subject to immediate removal. Artificial flower plant or wreaths are not permitted. Absolutely no man-made or natural decorations are permitted other than the identification markers. The Memorial Garden Committee reserves the fight to determine any marker placed on the lot. The Memorial Garden Committee .will have jurisdiction over the landscape design embodied in the Memorial Garden. E. LIMITATION OF LIABILITY: The Purchaser's payment for use of a site in the Memorial Garden is made without any reservation, conditions or restrictions and the monies may be use for any lawful purpose deemed proper by te Church Council. It is the intention of the Church to exercise reasonable and ongoing care to maintain the Memorial Garden. However, neither the Church nor any person acting for the Church assumes or shall have any liability or responsibility for the preservation or loss of, or damage to the eremains of any person interred in the Memorial Garden, or for any loss -2068- or damage relating to the Memorial garden from acts of God, vandalism, theft, or other causes or contingencies. F. MODIFICATION OF TERMS AND CONDITIONS: The terms and conditions, these rules and Regulations and all amendments, alterations, changes or modifications thereof shall apply to and be binding on the Purchaser, designated Persons and any person succeeding in interest thereto who may be recognized and accepted by the Church Council as succeeding to any right under the Purchase Agreement and Reservation of Right to Use. G. REOUESTS: Any request relating to the Memorial Garden shall be made in writing to the Church Council of Mount Olive Lutheran Church. H. RELOCATION: If, in the judgment of the Church Council, it shall be deemed neees~ at any time to change location of the interment sites in the Memorial Gardens or to discontinue its use or any part thereof, the Church Council shall use its best reasonable efforts to preserve the eremains from any sites affected by such changes or discontinuance and place such eremains in another site in the Memorial Gardens or to another appropriate location as in its sole discretion the Church Council may select. I. TERMINATION OF RIGHT TO USE 1. Repurchase of.Site: If there has been no interment in a site and the Purchaser determines that the site is no longer needed, the Church may, in its sole discretion, agree to repurchase the Purchaser's rights. Mount Olive shall pay no more than 80% of the sum paid by the Purchaser at the time of purchase, there being no right in the Purchaser to any interest accrued. Sale of Site By Purchaser: Sites may not be sold, transferred or assigned by Purchaser without the prior written consent of the Church. Any attempted transfer or assignment without such consent shall be null and void and of no effect. If a Purchaser desires to transfer a Site, the name, address, telephone number and parish member status of the proposed transferee shall be forwarded to Mount Olive for review. T.e~ination of Right mUse: The right of the Purchaser to use a site shall cease if the present church property is no longer owned by the Church or the present church edifice is demolished or if in the opinion of the Church Council because of significantly changed circmstances it is no longer feasible to maintain the Interment Garden. In the event of the termination of such right, all interred remains may be removed. If, aRer reasonable notice, such remains are not removed by representatives of the person or persons interred, the Church shall have the right to remove and dispose of them in an appropriate manner, and thereafter no right of use of an interment sites in the memorial Garden shall exist in the Purchaser or any .other person. -2069- SECTION W-MEMORIAL GARDEN FUND A. ESTABLISHMENT OF FUND: There is established a special fund called the Memorial garden Fund. The Fund is so named to reflect present dedication to the Memorial Garden and possible future dedication to other interment sites at the Church. This Fund will be administered as a restricted fund under the direction of the Church Council. B. ADMINISTRATION OF, THE FUND,: All monies received on account ofthe Memorial Garden shall be deposited in a special restricted account designated by the Mt. Olive Lutheran Church's Treasurer. The Church shall maintain an account for the Memorial Garden Fund as a restricted account which shall be subject to audit and review in the same manner as other financial records of Mt. Olive's. The Treasurer shall submit financial reports to the Church Council as requested with respect to the Memorial Garden Fund. C. PURPOSE OF F~.'.. The purpose of the Fund is to improve and beautify the Memorial Garden and provide for ongoing maintenance, care and administration of the Memorial Garden and any sites which may be established in the future. It is intended that all monies received in payment for the right to use sites in the Memorial Garden be deposited in the Memorial Garden Fund where they will be invested in a manner directed by the Church Council. It is intended that the income from the Fund be used for the purposes defined above, or for future expansion of the Memorial Garden. -2070- PURCHASE AGREEMENT AND RESERVATION OF RIGHT TO USE OF THE MOUNT OLIVE LUTHERAN CHURCH MEMORIAL GARDEN MOUNT OLIVE LUTHERAN CHURCH 5218 Bartlett Boulevard Mound, Minnesota 55364 1. ~ of (address) hereby purchase the right to use a site in the Mount Olive Lutheran Church Memorial Garden, owned by Mount Olive Lutheran Church for the sole purpose of interment of ashes of the person designated below for the sum of $500.00, paid on Receipt of payment acknowledged by. The cremains of the following Designated Persons will be interred: 1. 2. As consideration for the right to use a site, on behalf of myself, my heirs, assigns and Designated Person, I acknowledge and agree to the following: 1. I will be bound by the Mount Olive Memorial Garden Rules and Regulations as they now exist or which may be hereafter adopted or amended. 2. The cremains shall be placed directly in the ground and not in a burial urn or other containers. 3. This agreement creates only a right of use in a site within the Memorial Garden. 4. Prior to and as a condition to interment, the next of kin must provide to the Church the name, age, sex, date and place of death. It is also requested that an obituary of the deceased be given to the Church Office to be kept on file, and a Disposition Certificate from the Crematorium. This Agreement has been executed by the Purchaser on the, ,day of 2O · The Agreement will become effective when accepted by the Church Council and signed by the Chairman of the Memorial Garden Committee and the Chairman of the Board of Trustees. Purchaser Signature Accepted by the Church Council on the day of ., 20 Chairman, Board of Trustees Chairman, Memorial Garden Committee -2071 - 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: Honorable Mayor and City Council From: Sarah Smith, Comm. Dev. Director / City Planner Loren Gordon Date: 7/8/2004 Re: Proposed New Floodplain Management Ordinance - City Code Chapter 300.16 BACKGROUND. As the City Council may be aware, new floodplain maps were prepared for all communities in Hennepin County. Therefore, the City of Mound needs to adopt new regulations to reflect the new map. According to the DNR and FEMA, the new ordinance needs to be formally adopted no later than September 2, 2004 for the City to remain in good standing in the federal flood protection program. Copies of the letters from FEMA regarding the ordinance adoption process have been included as informational material. For review and consideration, the proposed new draft, which is based on the recommended DNR model, has been included. Additionally, a copy of the existing ordinance has also been provided. Members of the Council are advised that a previous draft, which was reviewed by the Planning Commission on June 21st' included a proposed provision to allow portions of certain structures (ie. underground parking, etc.) to be built below the Regulatory Flood Protection Elevation (RFPE) if appropriate floodproofing measures are undertaken pursuant to the State Building Code. However, the definition of "Lowest Floor" was changed following discussion with DNR Area Hydrologist Tom Lutgen as it would not be acceptable to FEMA. Mr. Lutgen also suggested a number of minor modifications which have been included in highlighted-strikeout form for easy review. PUBLIC HEARING. In accordance with FEMA regulations, the City Council will hold a public hearing for review of the proposed new ordinance at its July 13, 2004 meeting. A copy of the public hearing notice which was published in the July 3r~ edition of the Laker has been included. ADDITIONAL COMMENTS. Members of the City Council can access the new Flood Insurance Rap Map (FIRM) for the City of Mound on the internet via the following address. Please reference the Panel Numbers included in Subdivision 2 (a) in the proposed new ordinance: ftp:llftp.dnr, state.mn.uslpubldowlfemal The hard copy of the final FIRM is expected soon. -2072- So as to minimize costs associated with the publication of the new ordinance, Staff is proposing that the City Council adopt a resolution to allow publication by summary as allowed by M.S.S. 412.191, Subd. 4. A draft resolution has been included for review and consideration by the City Council. A 4/5's vote of the Council in the affirmative is required for adoption of the r~esolution. RECOMMENDATION. Based on its review, the Planning Commission unanimously voted to recommend approval of the proposed new ordinance. A copy of the 6/21 Planning Commission meeting minute excerpts has been included. Staff will further comment on the proposed new ordinance at the 7/13 meeting. · Page 2 -2073- CITY OF MOUND ORDINANCE NO. -2004 AN ORDINANCE REPEALING CITY CODE CHAPTER 300.15 (FLOODPLAIN OVERLAY REGULATIONS) IN ITS ENTIRETY AND ADOPTING A NEW CITY CODE CHAPTER 300.16 (FLOODPLAIN MANAGEMENT ORDINANCE) The City of Mound does ordain: Chapter 300.15 of the Mound City Code (Floodplain Overlay Regulations) is hereby repealed in it entirety and a new Chapter 300.16 entitled "Floodplain Management Ordinance" is hereby adopted as follows: 300.16 FLOOD PLAIN MANAGEMENT ORDINANCE SUBD. a. 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapters 103F and Chapter 462 delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore the City of Mound, Minnesota does ordain as follows: Statement of Purpose. The purpose of this Ordinance is to maintain the Community's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Warning of Disclaimer of Liability. This Ordinance does not imply that areas outside of the I flood plain district or land uses permitted within such districts will be free from flooding and flood damages. This Ordinance shall not create liability on the part of the City of Mound or any officer or employee thereof for. any flood damages that result from reliance on this Ordinance or any administrative decisions lawfully made thereunder. National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the Community's eligibility in the National Flood Insurance Program. SUBD. a. 2. GENERAL PROVISIONS Adoption of Flood Insurance Study and Flood Insurance Rate Map. The Flood Insurance Study, I Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood I Insurance Rate Map panels numbered ,-m~ ,~ ..... 27053C 0283 E, 27053C 0284 E, 27053C 0287 E, 27053C 0291 E, and 27053C 0292 E for the City of Mound, dated September 2, 2004, as I Proposed Floodplain Management Ordinance 1 - -2074- developed by the Federal Emergency Management Agency, are hereby adopted by reference as the Official Flood Plain Zoning District Map and made a part of this Ordinance. Lands to Which Ordinance Applies. This Ordinance shall apply to all lands designated as flood plain within the jurisdiction of the City of Mound. Flood plain areas within the City of Mound shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH as shown on the Flood Insurance Rate Map adopted in SUBD. 23 aL~_ofthis Ordinance. Interpretation. The boundaries of the flood plain district shall be determined by scaling distances on the Official Flood Plain Zoning District Map. Where interpretation is needed as to the exact location of the boundaries of the flood plain district, the City of Mound shall make the necessary interpretation based on the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance and the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the community shall: 1) Require a flood plain evaluation consistent with SUBD. 4:(c)g of this Ordinance to determine a 100-year flood elevation for the site; or 2) base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the flood plain. Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. 1) Accessory Use or Structure - a use or structure on the same lot with, and of a nature . customarily incidental and subordinate to, the principal use or structure. 2) Basement - means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 3) Flood Fringe - that portion of the flood plain outside of the floodway. 4) Flood Plain - the channel or beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood. Flood plain areas within City of Mound shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH on the Flood Insurance Rate Map adopted in Subd. 2(a) of this Ordinance. 5) Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain that are reasonably required to carry or store the regional flood discharge and are below the ordinary_ high water line (OHW). 6) Lowest Floor - the lowest floor of the lowest finished enclosed area including basements and crawl spaces, t o,;../~,s.t. +.,I ..... ,4 ...... ~- ;,M..,,i .......... .-1 o~l~h, C ..... 1,-:...,,,- ~,C 7) Manufactured Home - a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." Proposed Floodplain Management Ordinance 2 8) 9) 10) 12) 13) 14) Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across, or projecting into any channel, watercourse, lake bed, or regulatory flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater. Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this Ordinance, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. RegiOnal Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristics of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used on the Flood Insurance Rate Map. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. The Regulatory Flood Protection Elevation (in feet) for each !ndce is as fcl!o, ws:the following lakes is: Lake Minnetonka 933.0; Dutch Lake 942.0; Lake Langdon 937.0. Structure - anything constructed or erected on the ground or attached to the ground or on- site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Subd. 12(a) of this Ordinance and other similar items. Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after .damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b) Any alteration of an "historic structure," provided that the alteration will not I preclude the structure's continued designation as an "historic structure." For the Proposed Floodplain Management Ordinance .-2076- purpose of this Ordinance, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. SUBD. 3. CONFLICT WITH PRE-EXISTING ZONING REGULATIONS AND GENERAL COMPLIANCE The Flood' Plain District as Overlay Zoning District. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations. The uses permitted in Subd. 4 and 5 of this Ordinance shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this Ordinance shall apply in addition to other legally established regulations of the Community and where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall apply. Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, repaired, maintained, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to -uses within the jurisdiction of this Ordinance. Within the Floodway and Flood Fringe, all uses not listed as permitted uses in Subd. 4 shall be prohibited. In addition, a caution is provided here that: 1) New manufactured homes, replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this Ordinance and specifically Subd. 4 and 12; 2) Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically subd. 9.0; and 3) As-built elevations for elevated structures must be certified by elevation surveys as stated in Subd. 7.0 of this Ordinance. SUBD. 4. PERMITTED USES, STANDARDS, AND FLOOD PLAIN EVALUATION CRITERIA Permitted Uses in the Flood' Plain. The following uses of land are permitted uses in the flood plain district: 1) Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill,-excavation, or storage of materials or equipment. 2) Any use of land involving the construction of new structures, a fence, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure (including a fence) or obstructions such as fill or storage of materials or equipment, provided these activities are located in the flood fringe portion of the flood plain. These uses shall be subject to the development standards in Subd. 4(b) of this Ordinance and the flood plain evaluation criteria in Subd. 4(c) of this Ordinance for determining floodway and flood fringe boundaries. Proposed Floodplain Management Ordinance 4 -2077- 3) Recreational vehicles are regulated by Subd. 12 of this Ordinance. I bo Standards for Flood Plain Permitted Uses. 1) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 2) Storage of Materials and Equipment: re(a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b,.(b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation. 3) No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. 4) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed so that the lowest floor, including basement floor, is at or above the regulato _ry flood protection elevation. A finished fill elevation must be provided on at least one side of the structure, no lower than one foot below the s) 6) regulatory flood protection elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon. Flood Fringe Structures. Activities such as the construction of structures and placement of fill within the flood fringe shall result in a no net decrease in 100-year flood storage. Commercial and Manufacturing Usbs. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system .that provides 'adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Proposed Floodplain Management Ordinance 5 -2078- Flood Plain Evaluation 1) Upon receipt of an application for a permit for a use or other approval within the Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe. (a) A typical valley cross-sections(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (b) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. (c) Photographs showing existing land uses, vegetation upstream and downstream, and soil types. (d) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota. Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) (b) (c) Estimate the peak discharge of the regional flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. ^ , .......... : ......... k~, ~, ~u~. k~ 3) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the Governing Body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of this Ordinance. Proposed Floodplain Management Ordinance 6 -2079- SUBD. 5. UTILITIES, RAILROADS, ROADS AND BRIDGES IN THE FLOOD PLAIN DISTRICT All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state flood plain management standards contained in Minnesota Rules 1983 Parts 6120.5000 - 6120.6200. SECTION 6.0 SUBDIVISIONS No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. The City Council shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities. In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Subd. 4(c)(1) of this Ordinance. The Building Official shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Subd. 4(b) and (c) and 5 of this Ordinance. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. Removal of Special Flood Hazard Area Designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi- structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. SUBD. a. bo 7. ADMINISTRATION Permit Required. A Permit issued by the Building Official shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building or structure or' portion thereof; prior to the'use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system, prior to the change or extension of a nonconforming use, prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source, and prior to the placement of fill, excavation of materials or the storage of materials or equipment within the flood plain. State and Federal Permits. Prior to granting a permit or process, ing an application for a variance, the Building Official shall determine that the applicant has obtained all necessary state and federal permits. Proposed Floodplain Management Ordinance 7 -2080- - Certification of Lowest Floor Elevations. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. The Building Official shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the flood plain district. Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago · Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. SUBD. 8.0 VARIANCES A variance means a modification of a specific permitted development standard required in an official control including this Ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation and this Ordinance. The Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Ordinance, any other zoning regulations of the Community, and the criteria specified in the respective enabling legislation which justified the granting of the variance. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: 1) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. 2) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public~ or conflict with existing local laws or ordinances. Proposed Floodplain Management Ordinance 8 -2081 - 3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances from the provisions of this Ordinance may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this Ordinance. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection then the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this Community's Official Controls and also Minnesota Statutes. Flood Insurance Notice and Record Keeping. The zoning administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The City of Mound shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. SUBD. 9. NONCONFORMITIES A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions. Historic structures, as defined in Subd. 2(d)(14)(b)is Ordinance, shall be subject to the. following provisions: bo No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. " A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure. A structural addition to a structure must be elevated to the regulatory flood protection elevation. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Subd. 4 of this Ordinance for new structures. Proposed Floodplain Management Ordinance 9 -2082- If any nonconforming use of a structure or land or nonconforming structure is substantially damaged, as defined by Subd. 2(d)(13) of this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The Building Official may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformiW with the provisions of this Ordinance. If a substantial improvement occurs, as defined in Subd. 2 (d)(14) of this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by Sub& 9(b) above) and the existing nonconforming building must meet the requirements of Subd. 4 of this Ordinance for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively. SUBD. 10. PENALTIES FOR VIOLATION A violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor. In responding to a suspected ordinance violation, the Zoning Administrator and the Community may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The Community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. bo When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. do If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the Proposed Floodplain Management Ordinance 10 -2083- lapse of the specified response period notify the landowner to restore the land to the condition that existed prior to the violation of this Ordinance. SUBD. 11. AMENDMENTS All amendments to this ordinance, including revisions to the Official Flood Plain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The flood plain designation on the Official Flood Plain Zoning District Map shall not be removed unless the ._.area is filled to an elevation at or.above the regulatory flood protection elevation and is contiguous to lands outside of the flood plain. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 1 O-days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. SUBD. 12. TRAVEL TRAILERS AND TRAVEL VEHICLES Recreational vehicles that d° not meet the exemption criteria specified in Subd. 12(a) below shall be subject to the provisions of this Ordinance and as specifically spelled out in Subd. 12(c) and (d) below. Exemption. Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Subd. 12(b) below and further they meet the following criteria: 1) Have current licenses required for highway use. 2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 3) The recreational vehicle and associated use must be permissible in any pre-existing, I underlying zoning use district. b. Areas Exempted For Placement of Recreational Vehicles: 1) Individual lots or parcels of record. 2) 3) Existing commercial recreational vehicle parks or campgrounds. Existing condominium type associations. Co Recreational vehicles exempted in Subd. 12(a) lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requ. irements and the use of land restrictions specified in Subd. 4 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreation vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. Proposed Floodplain Management Ordinance 11 -2084- New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (1) Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of Subd. 4(c) of this Ordinance and proper elevated road access to the site exists in accordance with Subd. 4. of this Ordinance. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood° (2) All new or replacement recreational vehicles not meeting the criteria of 12(d)(1) above may, as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate that the provisions of Subd. 12(a)(1) and (2) of this Ordinance will be inet. Alt attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding. SUBD. 13 SEVERABILITY. Every section, provision, or part of this Ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision or part of this Ordinance be held invalid by a court: of competent iurisdiction it shall not invalidate any other section. provision, or part thereof. SUBD 14. EFFECTIVE. 'I'his Ordinm~ce shall be effective immediately after publication. Passed by the City Council this Published in The Laker the day of ' day of 200 . ,200 . Effective on ,200 . Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Proposed Floodplain Management Ordinance 12 -2085- RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. WHEREAS, the City of Mound, acting by the City Council, has adopted a lengthy ordinance relating to the floodplain management; WHEREAS, as authorized by Minnesota Statutes, Section 412.191, Subd. 4, the City Council of the City of Mound has determined that publication of the title and summary of the ordinance will clearly inform the public of the intent and effect of the ordinance; and WHEREAS, a printed copy of the ordinance and a copy of the entire text of the ordinance is available for inspection during regular office hours at the office of the City Clerk and the ordinance will appear in the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND that the following summary of the ordinance is approved for summary publication: CITY OF MOUND ORDINANCE NO. AN ORDINANCE TO REPEAL CHAPTER 300.15 (FLOODPLAIN OVERLAY REGULATIONS) IN THE MOUND CITY CODE IN ITS ENTIRETYAND ADOPTING A NEW CHAPTER 300.16 (FLOODPLAIN MANAGEMENT REGULATIONS) The new ordinance is the result of an updated Flood Insurance Study (FIS) and resulting Flood Insurance Rate Maps (FIRM). Adoption of the new ordinance and map will allow the City of Mound to continue its participation in the National Flood Insurance Program (NFIP). This ordinance would repeal the existing Floodplain Overlay Regulations found in City Code Chapter 300.15 and adopt a new Chapter 300.16 entitled "Floodplain Management Ordinance." Copies of the complete ordinance are available upon request from the City Clerk. The Ordinance is effective on the date of publication of this ordinance summary. The foregoing resolution was moved bY Councilmember seconded by Councilmember and The following voted in the affirmative: The following voted in the negative: 1 -2086- Adopted by the City Council this __ day of .,2004. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk 2 -2O87- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION JUNE 2004 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:09 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Cklair Hasse, David Miller, Greg Raines, Jon Schwingler and Dave Osmek. Absent and Excused: Michael Mueller and Becky Glister. Staff present: Community Development Director Sarah Smith, Planning Consultant Loren Gordon, and Recording Secretary Jill Norlander. The following individuals were present: Tom Gray (5077 Shoreline Drive) OLD / NEW BUSINESS a. Review of proposed floodplain ordinance revision. Because new floodplain maps were prepared for Hennepin County the City needs to adopt a new ordinance. Currently, floodplain regulations are included in City Code 300 and are not included in the Zoning Ordinance. In general, few changes have been made to the regulations. A provision has been included to address certain structures that will be allowed to be built below the Regulatory Flood Protection Elevation if appropriate flood proofing measures are undertaken pursuant to the State Building Code. MOTION by Raines, seconded by Hasse, to recommend City Council approve the new ordinance as presented. MOTION carried unanimously. -2088- '-- NOTICE OF PUBLIC HEARING CITY OF MOUND The MoUnd City Council will hold a public hearing to consider adoption of a new Floodplain Management Ordinance. The new ordinance is the result of an updated Flood Insurance Study (FIS) and resulting Flood Insurance Rate Maps (FIRM). Adoption of the new ordinance will allow the City to continue its participation in the National Flood Insurance Program (NFIP). This ordinance would repeal and replace the existing Floodplain Overlay Regulations found in City Code Section 300:15. The public hearing will be held at City Hall at 7:00 p.m. on Tuesday, July 13, 2004. Any persons interested in this ordinance should attend. Copies of the ordinance can be obtained from the Community Development Department or by calling 952-472-0607. Bonnie Ritter Mound City Clerk -2089- U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 FEMA CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honrable Pat Meisel Mayor of the City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 Dear Mayor Meisel: We appreciate and commend you for the efforts put forth in implementing your community's floodplain management measures. We would like to take this opportunity to remind you that: a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed for your community; the FIS and FIRM will become effective on September 2, 2004; and by that date, our Regional Office staff will have to approve the legally enforceable floodplain management measures your community adopts in accordance with Section 44 CFR 60.3(c). Your community should use the Preliminary and/or Revised Preliminary copies of the FIRM as the basis for adopting the required floodplain management measures. Final printed copies 0fthe FIRM for your community will be sent to you within the next few months. If you should encounter difficulties in enacting the measures, I recommend that you call the' Minnesota Floodplain Management Program in the Minnesota Department of Natural Resources - Waters. You may reach Ogbazghi Sium, P.E., the National Flood Insurance Program (NFIP) State Ceerdinater, at(651) 296-0444, or by mail al the Minnesota Department of Natural Resources - Waters, 500 Lafayette Road, St. Paul, Minnesota 55155-4032, or by e-mail at ogbazghi.sium@dnr, state.mn.us.. Our Regional Office staff is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for your community and will ensure participation in the NFIP. The address of the Regional Office is Federal Emergency Management Agency (FEMA), Federal Insurance and Mitigation Division, 536 South Clark Street, Sixth Floor, Chicago, Illinois 60605. The Director, Federal Insurance and Mitigation Division, FEMA in Chicago, Illinois, can be reached at (312) 408-5548. www. fema.gov -2090- The Honorable Pat Meisel M^¥ 28 2004 Page 2 I realize that you may have already contacted the NFIP State Coordinator or our Regional Office and may now be in the final adoption process, or you may have recently adopted the appropriate measures. If you have not done so, please consider this a formal reminder that you have three months left in which to adopt the appropriate floodplain management measures, and have them approved by our Regional Office staff. Your community's adopted measures will be reviewed upon receipt, and our Regional Office will notify you when your measures are approved. I encourage you to submit your community's floodplain management measures and have them approved by our regional staff by the effective date to avoid suspension from the NFIP. Sincerely, Anthony S. Lowe Director Mitigation Division Emergency Preparedness and Response Directorate AL:bi Enclosure Ms. Jill Norlander, City of Mound Zoning Administrator Mr. Vincent R. Parisi, FEMA, Region V NFIP State Coordinator -2091 - Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, Minnesota 55155-40__ March 8, 2004 The Honorable Pat Meisel Mayor, City of Mound 5341 Maywood Road Mound, Minnesota 55364 HENNEPIN COUNTY FLOOD INSURANCE STUDY (ALL JURISDICTIONS) Dear Mayor Meisel: You should have recently received a Letter of Final Determination (LFD) from the Federal Emergency Management Agency (FEMA) dated March 2, 2004. This LFD explained that the report entitled "Flood Insurance Study, Hennepin County Minnesota, All Jurisdictions," and the accompanying Flood Insurance Rate Map Panels, will become effective on September 2, 2004. This letter is intended to address the statement in the LFD that advised your community to adopt floodplain regulations compliant with 44 Code of Federal Regulations, Section 60.3 by the septembe; 2; 2004; effeCtive'date. As the State Coordinating Agency for the National Flood Insurance Program (NFIP), we will be providing direct assistance to the 45 communities in Hennepin County during this floodplain ordinance adoption period. DNR Waters' Floodplain Program Hydrologist Tom Lutgen will be contacting staff from your community. Mr. Lutgen will advise your staff whether your community will have to adopt an entirely new floodplain ordinance or amend the floodplain regulations already in existence in your community. In addition, Mr. Lutgen will provide recommended floodplain ordinance language for your community to adopt. Due to the large number of communities that we will be assisting in Hennepin County, we hope that Mr. Lutgen will be able to make this initial contact by no later than April 15, 2004. If FEMA follows its normal practice, your community will receive a hard copy of the Flood Insurance Study text and the respective Flood Insurance Rate Map Panels sometime around early to mid-July (i.e., 45-60 days prior to the effective date). A number of communities in Hennepin County have already expressed their concern that they must receive these materials at an earlier date to be able to meet the September 2, 2004, deadline for compliance. Therefore, we have made arrangements with FEMA and DNR Information: 651-296-6157 · An Equal Opportunity Employer 1-888-646-6367 ° -2092-' TTY: 651-296-5484 ° 1-800-657-3929 Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste The Honorable Pat Me/se/ March 8, 2004 Page 2 an electronic version of the final Flood Insurance Study text and the Flood Insurance Rate Map Panels are now available on our ftp site at ftp://ftp.dnr, state.mn.us/pub/dow/fema/. Although the digital files have not been officially printed, no changes to the flood hazard information are expected before the final printed Flood Insurance Rate Map is issued by FEMA's Map Service Center. If any revisions are made to the digital file for your community, you will be notified immediately. This floodp,,lai~ ordinance adoption must be done sufficiently in advance of the ~04;"aeaOllne date' So t~ht a ~rtified:'!~py~of ~ addl6t~d 6~-di~fi~nce is reCeived bY FEMA;s chiCag° Re'~°nalOffice h° later: FEMA ~as attvtsect us that, without exception, a community will be suspended from the NFIP if the required floodplain ordinance documents are not received by the deadline date. The community would be reinstated at a later date upon submittal of the required floodplain ordinance language. Unfortunately, during the period of suspension, flood insurance policies could not be written or renewed in a suspended community. This would have a serious impact on people exposed to flood damage or those who are trying to purchase homes in designated 100-year floodplains where flood insurance is a requirement of the loan. Mr. Lutgen's address is DNR Waters, 500 Lafayette Road, St. Paul, MN 55155-4032. Please feel free to contact Mr. Lutgen at any time at (651) 296-0522 should you wish to discuss this matter further. Sincerely, DNR Waters gb~az~lii Sium, P.E. Flooplain Program Supervisor & NFIP State Coordinator Enclosure C' Jill Norlander Sarah Smith Terry Reuss-Fell, FEMA Tom Lutgen -2093- Mound. City ~ 300.15 l~odo!ain O~rl~r, R~aulatiom. 300.15 Subd, 1. Statutor~ ~.~horization, ~0seand DiscOVer of, ,L!ab~. Stamta~ Aa.~/~n, The flood plain regulations ¢omaimd hemi · .imfae. r are raw. dated bY. ~ ,.~.I~,SiSl:,ature of ~ Sine of lVlirmesota, and adopt~! pu~,sumt to Minnesota S.tam~s, ~ters 103F and 462. ~mo.se .and Intent. The purpose of this ordinance is to maintain the City's eligi~lity in ~ Natioi~t Flood. Insurance Program and to minimize potential loSSe~, due' t~ l~viodic flooding including loss of life, loss of propert~j, heal~ and ~ haza~.,'ds, di~mplioa, of eomme~e wA governmental, s~rv,iees, ext,,~rdiaary public enpenditures for flood prote~-fion and relief, and impalement of ~ tax base, all of which ad~ersel~ affeet the public health~ safety and ~noral welfare. ~iSelaimcr of Li~iliF.. This-ordi, nance does not imply that areas outside of the · flood,.plain_or land_uS~S .~tt~:within_suchdist~cts will-be-free-frotm-flood, hag and flood, damages. ~s o.rdinance shal.. 1 not create l~iti, ty on the pan of the City of Mo,uml or arr~ o~ficer or en~loy~e thor, eof for ~y flood damages tl~ result f~'om reliance on'. thi's ordinance or any admirdstmfive decisions lawfuliy made l~munder. Subd, A,dO,,l~:~on, of F!ood..!~r~ce .Ra~ .M~. The FloOd Insurance Rate Map for the Ci~of Mound, dat~'$eP~mber' 29;. 1978, developeA by ~ Federal F_,me~geney Management Agency is bemby adopted bY referenee as the Offieial Flood Plain Map and made a pan of this ordinan, e. , ~ Whi~h,,~i~e Ag, pi~Sr. ~s ol~diaara~ shall apply to at, l: 1 ~ands ~~ion,~ The boundahcs of the flood plain shall be determined by scaling di ::. ~oes on tl~ Official Flood P}aln Map. Where i~etl~retation is needed, the lh, ildiag. O/fie~ shall, be mSlaoasib~ to- make the interp~on ~ on the. r~. fl~: proffie:, if avail~te, If not. available, the B~t~i~g OW-mial shall mog~ire the app. iicant:.m fu,mish.a, flo~ain ~aluation ¢onsigt~t ~vi~h Sut~i~ision 5~b,}: of ~.s ordi.~. ~'m determine., th, .Regional.. Flood elevation. D,~f~fions. Unless sp~...ifically defined below, words and phrases used in lflis o~e shall; be interpreted so as to give thom the same '.meaning as ttmy have in contain u,sag~ so as. to gi.v.e ~s Subsm, tion 300,15: Rs most reasonable ~~rt. 4 4t?1~2 -2094- Motmd City COde 15, Subd.2 "l/,m~ment" i:s any floor level below the first story in a b~lding, ex..~t that a fl~r 1-evel in a Imitd~ng ha-ving only one floor level shalt be classified as a basement unless s~ch floor level qualifies as a first story as defined he.n~in. that portion of the flood plain lying above the Ordinary "~ii.~d,,~~tl::~ moans the thai. or beds proper and the ~as:~a~jommg ,a"w~ds l~g ,or watercourse which haw b~n or he~¢a~r may "lq~way" ~ans ~at portion of.~: flOOit plain lying below the Ordinary High ~:omm. odatiag the storage of boat ~d beach (20) s~e f~t ~. m~ floor ~ea md four "~o~t~,) ~ my dam., wall, wharf, embankment, levee, dike, pile, ,~,:. ,~j,~,~% c~eav,~on, dr~g~ ~oil:, c~l ~d:ific~on, eulven, ~Ov ~~ ~, m~r ia, flong, ~ms.s, or. proj~fing in~ ~y ch~el, WT~ou~, l~e.~-, or ~lam~ flood plan w~h may i.mp~e, m~d, or ~h~. ~e diction-o~ flow, oi,~' in i~ff or by e~ng or C°l.~6ng debris 'W. egimml, i~:d. means a flood which.is, mpresen~fl~e of l~ge floods ~own ,to have ~:~,.::~o~rall~ ,i~: Mi~emm and.is: mamnabty ch~texisfic of what. can ~ e~t~l..t~' o~em. on ~.. averse f~mency in m~imde of ~e l~,y~ ::~~' ~,d.is ~nonymou.s wi.~ ~e ~m "~ fl~~ u~ "Re~tory ~d. Pro~n Elevation" means an eleva.-~n no' lower.than two fret ~ve the elevation.of the regional flood plus any inereases i.n flood elevation causal by en~mae~ents on the flood plain that result from a change in the des'~goation of a flood~vay. "Sto~" is ~ portion of a building inetuded between the upper surface of any floor and, the upper surface of the floor next. above, e~ep~ that the topmost 5 417t02 -2095- Mound Ci,t~ Code 300.15, Subd.2d shall be that pmxion of a building included bet,~veen the upper sur~..ace of the topmost floor and' the {~eii.ir~g or mol above. If the finished floor lO'~rel dir~tly 'above a usable or unused under-floof space is more than 6 f~t above grade as de. fined herein for more the 50 percent of the total perimeter or is more than 12 feet, above grade as defined, herein at any point, such usable or unused ~nder-floor space, shall be considered as a story. **Story, First** is the lowest story in a building which qualifies as a story, as defined berein, except that a floor level in a buitding having only one floor level shall be classified as a first story, provided such. floor level is not more than 4 f~et 1~1ow grade, as dmemed herein, for more than 50 pev~nt of the total perimeter, or not more than 8 feet. below grade, as defin~ he,in, at. any po'mt, "str~ture" rn~ans anything constructed or erecte~l, on the ground includ~g but not limited to buildings,, streets, parking lots and on-site utilities. ~-'¥m~mee "~me~ms-the-modifieafion-of~a-speeW~c-pen~:~tte~de~lopment standar~ required by oMi~ce, ~ ~low ~ ~.~ developme~ ~d~ not ~ ~ ~epmble by ordi~ce, but only ~ ~pli~ m a p~cul.~ pmpe~, for ~e pu~ of ~l~.i~g a ~dship, p~fic.~ di~culw or ~ique ~ircums~ce ~ defin~ ~d el~~, u~n in ~e ~'s ~ng O~i,n-~ce. SUbd. 3. Over~ Regulations and General Compliance, 4. De. ~velo;p.ment The foltow.~g stan~ds shall apply to land uses in. flood plain 6 4171ff2 -2096- Mound City Code 300.1:5, SUM.4 be Flood Fringe Structures. The placement of new structures and la.md uses as permitted by the underlying zoning district, may be permitted within the flood fringe subject to thc standards of this section. Fill plae~ within thc flood fringe portion of the flood plain shall be properly compacted and the slopes protected with riprap, vegetative cover or other acceptable methods. A~ti~,ities ~,c.h as ~ construction of structures and placement of fill within the flood fringe shall result in a no net decrease in lO0-year flood storage. (ORD 0:5-2002, 7/7/0Z) Flood Fringe Non-hazardous Materials Storage. The storage of non-hazardous materials may be allowed in the flood fringe if readily removable from the area within the time available after a flood warning or if placed on fill to the Regulatory Flood Protection Elevation. Hazardous Materials Storage Prohibited. The storage or pwcessing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human,, animal or plant life are prohibited. Floodway Capacity Impairment Prohibited. No use shall be permitted to adversely affect the capacity 'of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. Minimum Basement/Floor Elevations. All structures, including accessory structures, additions to existing structures and manufactured housing, shall be eonstxu: eted on fill so thru.the basement floor, or first floor, if there is no basement, is: at or above the Regulatory Flood .Protection Elevation. The finished fill elevation shall be no lower than one foot below the Regulatory Flood Protection · ElevatiOn and shall extend at such elevation' at least 15 feet beyond the limits of the · structure constrUcted thereon. The Regulatory Flood Protection Elevation for each 'l~e~.is as follows: Lake Minnetonka 933.0; Dutch Lake 942.0; Lake Langdon 9~7,0~ Vehicular AcceSs. Any use within a floodplain area that would require vehicular ac,ess.to lands outside of the flood plain, where all or part. of the ac,ess would be below.the Regional Flood Elevation, shall not be permitted unless granted a variance by the City Council. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determini-'.ng that adequate flood warning time and local emergency response and recovery procedures exist. Uses Accessory to Commercial and Manufacturing Uses. Uses accessory to commercial and manufacturing uses, such as yards, railroad tracks and parking lots,.may be at elevations lower than the Regulatory Flood' Protection Elevation. If these facilities are to be used by employees or the public at large, a pemait may be 7 4/7102 -2097- Mound City COd~ 300, LS, SuM. granted, only if a flood warning system is installed by the owner that provides adequate time for evacuation if the area would be inundmed to a depth greater ~han two feet. Manufactured Housing. M1 manufa~a'ed housing located within th~ flood fringe muSt. be securely anehored to an adequately anchored foundation systen~ .that resists flotation, collapse and late~ movement. Methods of anchoring may include, but are not to'be, limit~ to, use of over-the~top or frame ties to ground anchors. This requirement is in addition to applicable State or local anchoring req~ir~emen~ for msi~ng wind. fomes, '~~, ~l~..~.~.,l~ads ami, :ridges. Mt utilities and transportation faei~i6es, induing r~i~l~oz~l ~, roads and. bridges, shall be consmaet~ in aceordanee ~iiiA'~te fl~.plain management standards contained in Minnesota ~ules 1983, 6120.5000 - 6:1.20,6200. k Travel Trailers, ~ravel Trailers are not permitted, in.the .flood plain, Subd. 5. Flood Pla. m Evaluation Procedure. Pe.nni~ Requi-r.e~.., A permit ismed by the l~itding Official shall be secured prior to: 1-) the ¢onst~efon~ a~ition~ or altem~on of any building or structure, 2)the use or ¢:hange in use of a building, sma~m.re, or land, 3) the extension of a non¢on~o~ni~g.use~ or 4) any ex%vationor the placement of an obst..ru~ 'aOn within the flood plain. kl~Iplication. Upon receipt of an application for a permit or subdivision approval witt~n a flood, p:lain~ the Building Official shall re.quire the applicant to furnish mffioiont, si~ de~lOpmom, plans and maov require a hydrologic/hydraulic analysis by aqualifii~l engineer or hydrologist Slaecifying the nam. re of the development and whettgr ~ proposed use is located in -the floodway or flood fringe and the Ra~ ~d Protection Elevation for the site. Procedures comi:stem wi& ~ma R~tes t:983:, P.'a~. 6'~..'.20,~ (Tecb_ni'cai S~'~dards and ~rnents For.. Igl~ P~al~ Ev~l.ua~ion). and 61~20,:5;?00 (Minimum Flood Plain: $. ~and~ls for. Local, Or.d.:~S) shall, be followed during the mehnieal evalua6on and. review of.~he d~velopment proposal D..~n..avlment of N ~a~r~.~sou.m,.~s, No~ifi,catiOn~ The Building Official ~1 submit One-~y of lt~e ilffonna~ion required by Subdivision 5 of this ordinm¢¢ to the respective Department of Natural Resoura~s' Area Hydrotogis~ for review and comment at least 20.days prior to th~ granting of a permit or subgivision, approval by the City. ~he Building OffieM shall notify the respective Dep~ont of 8 4~7~02 -2098- MouM City N,~u. ral Resom~es' Area Hydrologist w' .nh~ ten days after a permit or mibdivision approval is granted, Sta~ and Federal Pe~ts. Prior .to granting a permit or prOCessing, an ~Fpliea~ion for a variance, the Build:h'ag Official shall confirm that the applicant has obtained all. ~sary S..-mte and Federal. permifs. Cem'.'..fieation of ..Lowest.Floor Elevations. ~e appt:icam shall be req~im~, to submit certi~cation by a registered: p, mfessioaal engineer, regi,stered a~.hi,teet, or registered lami surveyor that .~ finished fill and bailding elovat~:ons were a~eomplished in eompi,i,anee with the p~visions of thi:s o..~l~iaance. The City Manager sh~l maintain a nord of the et~n ~ ~ l~west ~r (inetuding basement) for all new structures and alterations,or agditions to existi~ 'Structures ia the flood plain. Subd.-6..i ...... Subdlvisions.andRemovat-of-Flood-HazardDesignation, Subdivisions. No land shall be subdivided which is held un~Rable by the City for maSOns of'flooding~ inadequate dralnage'~ or inadequate water supply or sewage t~nt. facih'~ies, AA1 subdivisions shal~l have wale-r and sewer disposal; facili~s that..~mpty with:the pmwisions of ~s ordinance. Ia the flood b_~mnt: m or flood plain, applicants shatl, provide the info--on mquked by the CRy Fmgia~,er as set fo~ in titis Subsection 300,15, and ~ subdivision shall be ev .a~-~ated in a~eordance with procedures therein and sabdivision regulations of the City as set forth in Sections 330 ~rough 360, inclasi~ge, of the City Code. Removal of Speeial,Fl~d Hazard Area.Designation. The Federal Emergency Management Agency (FEMA) has established eriteria for removing the sp~ial flood haza~ area designation for~rtain structures properly elevatedon fill above the regional flood elevation, FEMA's mquimmnts i~orpOrate ~p~eific flit compaction and' side slope prot~e, tion ~s for mu.t~-stmem~ or mu164ot developments. These smdards shall ~ investigated prior to the initiation of si~ pr~aration if a ~hange of special flood lmza-~,d area designati:on will be requested. Subd. 7. V~ne~s. P!~o~u.res. Variances from the provisions of this Subsection 300.15 shall be r. ev,~eA in ae~rdano~ with the pro~edu.,ms eonm'.'aed in Section 32,5, No.vm shall :allow a use prohibit~l in a district or p~nnit a lower degree of p~ot~:tion ,.flum the t~galatory Flood Pmt~6on Elevation (RFPE). A variance shall not be g~anted for a residential structure to allow the eonsmtion of the basement or lowest floor, if there is no basement, below the Rb'PE. Whon a varian0e is granted 9 417t~2 -2099- l~ound Ci,~ Code ~.15.~ 7. to ~llow a nonresidential or accessory u~e or structure below tt~ RF. PE. the use or sh'uemve shall be flood proofed in a~co~lance with the a~licable Sta~ Building Code as follows: :C. 1) Accessory Stmotures. Accessory s,tmcmms shall be elevated on fil, l or stmemral.ly dry flood proofed ia accordance wi~ -the FP-1 or FP-2 flood proofing ¢lassifi¢~ovts in the State B-~lding .Code. As an altetmafive, an aocessory structure may be flood prooft~l to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the aeees~orst s.tructure constitutes a minimal investment, does not exceed 500 square fe~t i~x~ size and, for a detached garage, the garage is used solely for parldng of v.e~,'cles ~ timiN, sterne. ~ll flOod proofed accessory sm~ma~s.must-meet lhe following additional stardar4ts, as appropriate: (~ The stmemm must be adequately anehor~xl to prevent flotation, ¢oflapse or lateral movemem of the m'ueture and shall be designed to equalize hydrostatic.flood fomes on exterior wilts; and Any m~ehanieal, and- utility' equipment in a structure must be elevated to or above the RFPE or properly flood proof~l. 2) No~esidenfi~:..~S~mcmres. Ail.. nonresidential su'~:etures, including basements, shaft..be d.~ flood proofed in accordance with the FP-1 or FP-2 flood, proofiag e:lassi~fieation in the State Building ~. 3) Lock Bo,.~e~. /ill lock bo~s as defined herein, shall be allowed ia.the floed f,i,~e witlaom flood Woofing. ..N. 0fifi~:~ia,:~f ~ .rnm~ issioner. The. Commissioner of Natural Re~our..~s shall meei~,.v~ ~:~.:~ da/ys neffee of all heatings oa vafianoes. A. copy of all,.d~isiorts granfi~ ~ ~,avianee shall be forwarded m ~e,Commissio~er wi'flain', ten days of such Al~l~s,' .'Pta~u~lu~-s" to'be followed in the appeal of an administrative d. re'nation' shall ~ as Sl~Cified by the City's Zoning Ordinance ($ubsee~on ~ lm.mmnce Notk~e and R~co~d K~ping. The Building ~oi~ ~1 ~fi~ ~e ~llc~t for a. v~ ~t: 1) ~e i~ of a v~ee m ~n~ct a s~cm~ ~low ~e b~ flood, level wilt m~tt ~. ~ere~ pm~um r~s for fl~ lamp.ce, ~d 2)' ~c:h eoasmcfion ~low ~e l~-y~ or regional fl~ level im.r~s fi.~s ~ life ~. prope.~. S~h nofific~io~ sh~t ~ ~n~ w,i~ a v~d. of fl:l v.~e ~. ~be Ci~ ~1 m~ a v~ord: of fit 10 4171ff2 -2100- Mound City Code 3(~. 15, gubd. 7. aa~iom.~ including justification for their ismance, and report such variances issued in i~s annual or biennial report to .the Administrator of the National Flood Insurance Program, Subd. 8. Nonconformities.. A st_memre or the use of a structure or premises which was lawful prior to ,the passage or amendment of this ordinance but which is not in. eonfon~:ty with the provisions of this ordinance may be eon~ed mbjeet to ~e following conditions.: ~ttemtions. Ne gueh use shall be e~anded, changed, enlarged, or altored in a way ~ ir~mases i~s normonformity. Co I,nterior Al, temfions. An alteration to the inside dimensions of a nonconfom~ing use or structure is. permiSsible proVided it wilt not increase the flood damage potential of the use or structure. }mpmvement Limitations Within F!oodplains. When the curtain cost of all prewious and propo~d~ alterations and additions to the interior and e~tedor of a nonconforming structure excoeds 5'0 percent of the Assessor's market value of .the s ...-~. crate, .the mctm,e shal't:be made to. comply with, the smndarcls of Subdivision 4 ' of thi~ ordinance, The cost of alterations and additions constmctaM since the adop.fion o,f. the Girl's initial floodplain-, ordinance .shall be calculated ate.urrem cost in making this determination, Des.traction. If any nonconforming structure or use of land within a floodplain is destrOYed by any means, including floods, to an extent of 50 porcem or more of'its mar~t: value at the time of destruction, it shall not be reconstructed except in conformity wi:th the:provisions o:f this ordinance. The Oty may isme a permit for rece ~. motion.if the use is located outside the floodway and, upon roconstrucfion, is adequately elevated on ~l in conformity with the provisions of t~.'s ordinance. Subd. 9. Penalties,for Violations. A violation of the. provisions of ~$ oMi. nance or failure to comply wid~ any of its requirements Onct~di, ng violatiom of.conditions and safeguards established in ~onnection wi&, grants of v.a~anee) sh~i: ¢o.~imte a misdemeanor. Enforoement, In :responding to an ordinance violation, the City may utilize the ful;t a~ay of enfomgment ~fions available to it including but not limi~ to pm~ufion and fines, injunctions, aftor-the-faet permits, orders for corrective measures or a re~tue~t to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City is required to ~t in good faith to 11 417102 Mound b, Ci~ Code 300:15, S~bd. 9., b, enfo~ee ~se mgulaions and to oorr~t.o~i-name viot~ons, to the e~ possible, ~o a~ not to jeopardiZe its eligibility in the National Flood Insarance P~ogram. ~re.ss, When an ordinanee violation· is either dis~overed by or brought to the attention of the City, the Building O.ffioial shall immediately inve:sflgate the situation and document the nalum and extent of the violation of the ordi,r,~nce. As soon as is reasonab!y possible, this information shall be submi.'~ed to ~ appropriate D~ .atrovent of Natural R~soure, es and the Federal ~mergency Management Agency Regional Office along with the City's plan of ~6on to co~t the violation. c. Nofl~ation of.V. iola,tion, The Building Official shall: follow due pro~ess of law in no~i;fY'mg.the s~ape~mcl party of the requirements, of this ordinance and the nature and. e~ctent of the suspeeted violafi'On. If the ~tructu,re and/or us~ is under oonstn~cfion or'development, the Building Official may order the ¢ons~¢fion or development immediately halted until a proper permit or approval is g, rant~l by the City. If the construction or development is al.ready completed, the Building Official-may either-L)issue, an-o~der-idenfifying-the-co~eefiveaotions-that-must .be made' within a sp~ified time period, not to excee~l 30 days~ to bring the use or structure into ~ompliance with the ordinance, or 2) notify the responsible party to apply for. an afm~-r-the-fact penni, t/development approval within a specifi~l period of time no~· to, e~¢eed 30 days. ~O,,f. Response, If the responsible pa~ does not appropriately respm~d to ~flding Offieial within the specified period-of time af~.r being pmp~ly notified, ea~: additional day that lapses s~':t constfi .rote an additional vio~on of o~dinance and shall be. procured ~.ordingly and the CiVy shall' take the appropriate action to ac~omptisti the same. The Building Official shall., upon the lap~ of the sp~i:fi~ mspon~ period, notify the landowner to restore the land to tl~ oondifion v~hi~h existed prior to the ¢onsmicfion, development or us~ that was ~ cause for no:fi.'floa~ion. Subd. ~0~ Amendmen~, · All- ~n~s. m ~:s ord~ae, including revisions .to ~e Offici~ P~ ~ M~., ~o~ion,. ~e fl~: ~n-deSigna~On on ~ O~ FI~ Pl~n M~ ~1:. ~ ~ remov~ ~ess. ~e ~ is filt~ m. m e~v~on m or ~e ~ ~i~ ~ O~eial ~ Pt~n M~ must m~t ~ F~ T~~ ~ndi$ions md C~a ~d s~l ~i~e pgor ~MA ~pmv~ ~fore ~opfion. ~e ~~si~r of ~u~ ~1'~ giv~ '~n days w~n no~e of ~1 beings ~ ~onsider ~ ~en~nt ~ ~is ordinate ~d ~d ~fi~ ~1 ~lude a. dr~ of ~e offi~ce ~e~nt or 12 4t7t02 Mound City 300.15, ~ubd. 11 $=bd. 1-1. Abro~tion an,d. Se~e~b. ffity. Abrogation and G,mat~r Restrictions. k is not int~ndecl by this o~iaanc~, to ~, abrog~,, or i~r ~y e~s~g, e~m~n~, coven.s, or ~ ~wever, ~m ~:s o~ce. ~oms gm~r re~ficdom ~ pmvi.$~ns of ordi~ce s~l prevail. All.o~r oflin~ces incemi~nt wi~ ~is ordi~ce ~e hereby rep~ m ~ ea~t of ~e imonsi~ncy efly. It' any section~ clause, provision, or portions of this ordinance is ~judg~ uneon~imfion~ or invalid by a court of ~ompetent jurisdiction, the mrnai'nder of ttqs: o~i.nan~, shall not be affected'thereby. (Subsection 300,15, ~Amend~ by Ordi:nange #153-1993, 7/5/93) 300.20 lluild!~g .Permi~ F,ees.~. Each application shall be aee°mPmaied by a fee in the amount establishe~'in accordance with the provisions of $~:fion 500 of the City Cocl~. The City shalt-cotteet- a-PlanC'meckFee-in-the amount-of-65%-of-the-Buitding.-Pennif-Fee:- .-T-he applicant shall also pay .to the City, for .remittance to the State of Minnesota, all surcharges as required pursuant to Minnesota statutes, ~apter 16B, or other State laws or regulations. All fees shall be payable to the City Treasurer.. Ail Uni...fom Building Code permit and in.~e~tion fees shall be set by the Council: in S~tion ~ hereof. Mo~o~ of B~~ ? ,Permit, Required. Subd, 1. It shalt be unlawful for any person., firm, or co.ration to move any building,!. or s~mcmre imo' the City from any place outside the City, or whol:}y within the City of Mound fromonc 1o~ or.pamei to another, or from .the City to a point outside the CitaJ wi:thout first ~ng ~plicafion to the Buiiding Inspector and securing a permit therefor as hereinafter pro~ided, Upon making application for a p~rmit, m. move such buildin§, .-~- re sh'~t be paid-afee establ'-tshed in accordanee wi~ the provisiom.of Section 500. of'~ Gi~ Co~:.for .garages and small om. buildings without, livid: qaaiaers and for all other buildings or structures; Said fee shall be retire' ded i.f the penni, t is (O~; 0i-2001, 2/~25'./0t) the mo~ing of anY bui~ng or smacmre s~ t!~:~~.~.~~l[ 'di~ions; 8 feet high, 10 feet wide, and 1.5. feet long, 13 4t?102 -2103- Mound City .Code 300~.Z5, Subd. 3 Sabd. ~, Confo~rmi~ ty of Buildlna or Structure .to B~ C~ ~.r. or ~t a pe-~ i.s ~uir~,, no. 5~il~g or ~mre s~t ~ ~v~-~ a l~n wi~in ~s. CiF ~e~ R confo~ m ~e ~l&ng.., plumbing, h~,. elmtfi~ ~d ~nstme~on rogut~om of ~. Ci~ ruling ~o ~w s~mms. ~ ~i6on m ~nfo~ wi~ ~e ~lic~le eo~ o~ ~ ~ mi~m~ mqui~n~, ~1 plumbing for tach building or s~cmm s~l ~ by ali~en~ mmr plm~r, nd msiden~ buildings s~l have a 1~ ~pe~ ol~{fic~ ~.m.iee. If mnmm0~n, ~-mrafions, or r~r work on ~iidi~. or ~mre will ~ n~es~ ~ m~e it ¢o~o~ m ~eh m~l~ns, ~ for mah ~o~ sh~! ~ o~n~ ~fore ~h bui.ldiog or s~mm is mv~, which p~ sh~:l m~ provision for ~e doing of ~ch wo& wi~n ~ ~ys afar ~h bu~itding or s~m~ is loc~ in ~ Ci~. F~l~e. m m~' m~h baiting or s~ ~o~ ~h ~o,~.~~s wi&in ~eh-~'~y po~od ~1 ~~ a vio~on of Sub~n 3ffi,25, ~d ~h d~ ~at ~h viot~ is ~onfinu~ ~mr meh ~. day s~l aonstim~ a m_p.~ o~en~, No meh pe~t sh~l ~ gr~. e~opt upon o~er of · e Ci~ Council ~r ~or~l.e meomeadafi~ upon ~e ~plie~on.~ ~e ~ PI~ ~:ssi.o~ ~he Ci~ ~uncfl sh~l h01d a pu~:ic he,rig mge~er wi~ Mve~ ~b~s~'-ia~ ~e o~¢i~:.new~r ~ le~t ~ ('~0) days prior ~ ~e h~ng. Notice of ~e h~ng .~1.. ~m. ~ ~'~ o~ of pro~ }~ wi~in ~ h~ mo~:. ~e preening of ~e ~p,t-i~ion ~1:'~ ~e~ &e ~e ~ m ~i¢~on for a f~ m .is.~C~:;bY ~ C4~ m pmeess a ~di.fio~ Um P~t, No ~ch building, or ~e ~h~i ~ mov~ ~ a loe~on wi~n ~e Gi~ ~less it will ~nfo~ ~ ~e ~g ~~. ~ ~ Gi~, will o~fo~ to ~e fmnt, y~d ~d o~er mtb~k ~d: lot ~~ ~d ~i:li ~ a bffitdtng or stmemm of ~e sine gene~ eh~r ~d ~~~.or ~t ~h :~il~ or s~em~ wilt ~ p~i.~ at. ~e' pmpo~ req~.~;ttii~: S~b~On 3~125, the ~Pl;ic.ant shall furnish the l~uikhng In, ee~or meh in~'-~, u. !~': or.she may mqui..~' ~om~i~ ~e si~. eoa~~.?~f:~ng?or ~mcmm~: pro~ l~on, ~-equip~nt ~ u~~ h: ~ ~in~, ~, pr~o~ mum,. ~e pm~. t~g,~ of time ~. ~e ~i.tding will. ~ ~n ~e Ci~ ~m, ~ ~ys md.: hours when ~h movi~ is fn~i~ m~nsibitity of ~ ~plic~t, ~d ~e i.~r~ pro~fion ~:ti~t. 14 4t7102 Motmd Ci~ Code 3~25, subd,4 The ~lie~on shall be aeoompani~t by a gmpose~l route .and timetable of ~he move approval by the City ~ .C~e.f of Police, City Engia~r, and il e gas, electric, and'telephone utility e~mpanics as at such ~¢ a~c. do'rog business within, thc City.. The ~plicaxion shall also be a~comp: anied by a ~py of an insurance policy insuring against liability for permnal injury o~ de~oecunfng in ~ ¢~... ~ of such.moving will limks of liabitigt n~.. tess ilan $2~. for each individual and $600,000 for each occu.rrence and against/~:iability for P~Ol~rty ~e wi& Ym~i~. of liability not less than $50,000 for each o¢¢unmnce. The agp[i~a~ ~ be. a~companiod by a-plat of the proposed location showing tl~ proposed lo~atloa will reference to the p.ropemd lines and building in the vicinity. Tt~ a~icaut shall giv~ access to. said buttdi~ or mm to ~ Building ~tor for the p~.~ ~f inspection md shall permit t~. Ruilding Inspec~r to mt ile e~ipment to be u~l i,~ sue'h mowing.. No ,such ~Plication for amoving permit shall be granted by the City Council without the filing 'Of; and the or, der gmnti~g is~ance of a moving permit shall be ~onditiormd upon, the--post~g- by-al~p/i<eat,,t-o~f-a-secu~,i~--band~-cash bond ,--er -te~n--of-a~ranee-- by-~. -~- .... mortgage of m'~.,ex(~Ut~(~l,~n, sm~on.,mo~ga~e. ¢ondi~o.r~i upo~ and ~i~.' ~ ~.~ s~m~m.r.e wil:l:, be. install~ ~ b~,o~ffhe, i~ ~onfO:~ty to ile B~if~ing ~de wi~iO.'~ days of ~e issuance of.:the permit; The penalty of the bond shall be an. amount equal to 50% of ile esti~ cost of bi~aghlg, the stnaemre into eoafonni, ty wi~ all codes, No nmb ~plication for a mo~ing permit shalt be gran~ by ile City Council ~ess such b~iidin~ or ~~ ~an be mo.v~ will .reasonable safety to persons, or prol~rty w~ the City. ~1~-Building Insp~tor m~y impos~ su~h conditions as are n~essary m as~re ¢o~li:ance will tho o~inances of this.~ny and to assure the pubii¢'s safety. Subd. $. Al~nli~fion,,R.efe~nce ~-C~d of Police. After examination of said al~.li~n., annex~, .and al.:l~ ta~ts' rei~e thereto, if'the Building In~:tor shall be ~sft~.~ il~ o~Si~ances.o~' ~is Ci:ty wiS1 no~ be vioimd by ~ moving and ~he ~l~lic safeBt ~1~ not be. jm, pardi~l, flmmby, he or she. shall: re&r ~ application to lhe ~:ief of Poli~ ~f ~s City.. ~ 6. ~d~ti~ ~q~i~em?~, .C~ef. of Poli~ and C~ E~eer. The Chief mla~e'-,~mm.~ de~m ~ Mvis~ili~ of ~y propo~ ~ of ~ City ~ f~ · e v~~.:of ~e md public ~ on ~ days. md,'ho~s W~n, ~ ~~ mov~ would ~ ~ng pl~e. They ~y ~m ~h eondi~om wiil m~t m ~ days ~d ho~rs.:of moving, or ~ .~m m ~ folto~ wi~n ~e CiV ~ w~fie or s~W devils m ~ us~. ~ ~ey s~l..dem~ne m ~ n~ss~ m mm~ Wa~c md public ~,f~. 4/?to~ -2105- Mound City Code 300.25, SuM. 7 Subd. 7. Bond. Upon the approval of the application for such permit, but before the issuance thereof, the applicant shall post a cash bond with the City in the sum of $1,000 to indemnify the City for any damage to City streets caused by such travel thereon. Such bond shall be refundable immediately after completion of said move and inspection of the stre~t-s involved by the City Superintendent of Streets with report of no damage. 300~30 Appeals. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provision of the UpAform Building Code, the members of the Planning Commission shall constitute a Board of Appeals. The Building Inspector shall be an ex-officio member and shall act as Secretary to the Board. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the appellant and may recommend to the City Council such amendment to this Section as is consistent therewith. 300.35 Reserved. 300.40 Variance. The Council may grant variances from Section 300 as provided in Section 325 hereof. 16 -2106- 4/7/02 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: Honorable Mayor and City Council From: Sarah Smith, Comm. Dev. Director / City Planner Loren Gordon Date: 7/8/2004 Re: Proposed New Floodplain Management Ordinance - City Code Chapter 300 BACKGROUND. As the City Council may be aware, new floodplain maps were prepared for all communities in Hennepin County. Therefore, the City of Mound needs to adopt new regulations to reflect the new map. According to the DNR and FEMA, the new ordinance needs to be formally adopted no later than September 2, 2004 for the City to remain in good standing in the federal flood protection program. Copies of the letters from FEMA regarding the ordinance adoption process have been included as informational material. For review and consideration, the proposed new draft, which is based on the recommended DNR model, has been included. Additionally, a copy of the existing ordinance has also been provided. Members of the Council are advised that a previous draft, which was reviewed by the Planning Commission on June 21st'' included a proposed provision to allow portions of certain structures (ie. underground parking, etc.) to be built below the Regulatory Flood Protection Elevation (RFPE) if appropriate floodproofing measures are undertaken pursuant to the State Building Code. However, the definition of "Lowest Floor" was changed following discussion with DNR Area Hydrologist Tom Lutgen as it would not be acceptable to FEMA. Mr. Lutgen also suggested a number of minor modifications which have been included in highlighted-strikeout form for easy review. PUBLIC HEARING. In accordance with FEMA regulations, the City Council will hold a public hearing for review of the proposed new ordinance at its July 13, 2004 meeting. A copy of the public hearing notice which was published in the July 3rd edition of the Laker has been included. RECOMMENDATION. Based on its review, the Planning Commission unanimously voted to recommend approval of the proposed new ordinance. A copy of the 6/21 Planning Commission meeting minute excerpts has been included. Staff will further comment on the proposed new ordinance at the 7/13 meeting. -2107- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com July 1, 2004 Tom Lutgen DNR Fl.oodplain Program Hydrologist 500 Lafayette Road St. Paul, MN 55155-4032 RE: Proposed Floodplain Ordinance / Map Enclosed please find a copy of the proposed floodplain ordinance which was emailed to you on June 28, 2004 and a copy of the public hearing notice. Be advised that the official public hearing for review of the ordinance is scheduled to be held by the City Council on Tuesday, June 13, 2004. Respectfully, Staffwould like to request (5) additional copies of the proposed floodplain map for inclusion in the City Council agenda packets if available. If you have any questions regarding any of this information, please contact me at 952- 472-3190. Community Development Director ~ printed on recycled paper -2108- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 STAFF REPORT To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: July 7, 2004 Re: Board of Adjustment and Appeals - 2146 Cedar Lane SUMMARY At its June 22® meeting, the City Council reviewed the accessory structure located at 2146 Cedar Lane pursuant to City Code Chapter 350:505 (Board of Appeals and Adjustment) following a request by the property owner to consider the structure a "pergola" as opposed to an accessory and therefore allow it to remain on site. As the City Council will recall, the former Building Official deemed it to be a "carport" and is therefore subject to building and zoning regulations including setbacks. As part of its discussion, members of the City Council indicated that the structure did not qualify as a carport according to the definition including the Zoning Ordinance as it lacked a roof and further directed Staff to determine the location so as to establish that it is not encroaching on the street ROW and tabled action until the July 13th meeting. ADDITIONAL INFORMATION The Public Works Supt. located the survey monuments on the subject property on the front side abutting Cedar Lane. Members of the City Council are advised that the posts of the structure extend (2) feet into the Cedar Lane ROW. The roof portion extends an additional 1-2 feet further. Staff recommends that the pergola be modified to remove the encroachment from the ROW. Alternately, the property owner may apply for a Public Lands Permit pursuant to City Code Chapter 320. 2. The pergola is generally consistent with the provisions of City Code Chapter 350:440, Subd. 3 (G) as described below: "Recreational equipment such as a swing set, slide, climbing apparatus, sandbox and the like, clotheslines, picnic tables and other equipment accessory to and associated with the residential use of property." A pergola is commonly used feature in gardens or outdoor area. Members of the Council will note that a pergola is included in the Lost Lake Greenway project. Historically, Staff has deemed them to be a landscape and/or ornamental feature which are therefore exempt from setback standards. -2109- 4. A draft resolution has been prepared for consideration by the Council to allow the pergola subject to conditions. · Page 2 CiTY OF MOUND RESOLUTION NO. 04- RESOLUTION TO ALLOW CONTINUATION OF PERGOLA LOCATED AT 2146 CEDAR ROAD PURSUANT TO CITY CODE CHAPTER 350.505 WHEREAS, a pergola was erected on the property located at 2146 Cedar Lane in 2003 by the current owner, Annick Pratbernon, without a building permit; and WHEREAS, the former Building Official deemed the pergola to be a carport and therefore requested that it be removed as it did not meet the provisions of the building and zoning ordinance including, but not limited, to setback standards; and WHEREAS, the former Building Official also indicated that the owner could request that the matter be reviewed by the Board of Appeals and Adjustment as set forth in City Code Chapter 350.505; and WHEREAS, the owner is requesting that the structure be considered a pergola by the Board of Appeals and Adjustment pursuant to City Code 350.505 so as to allow it to remain on site as it is more appealing that a membrane structure; and WHEREAS, as set forth in City Code Chapter 350.510, the Board of Appeals and Adjustment is the City Council; and WHEREAS, City Code Chapter 350.510 requires review of all appeals by the Planning Commission prior to review by the City Council; and WHEREAS, the request was considered by the Planning Commission at its June 7, 2004 meeting who voted (6) in favor and (2) opposed to affirm Staff's recommendation to remove the structure as it was being used as a carport; and WHEREAS, the request was considered by the City Council at its June 21, 2004 meeting and discussion took place that the pergola does not meet the definition of "carport" as contained in the Zoning Ordinance; and WHEREAS, members of the City Council indicated that the pergola structure is generally consistent with the provisions of City Code Chapter 340.440, Subd. 3 (G) and is therefore considered to be an allowable encroachment as long as it is located on the applicant's property and outside of the street right-of-way; and WHEREAS, the City Council tabled the request to the next meeting so as to determine the location of the pergola; and WHEREAS, Staff located the survey monuments on the street side of the subject property and determined that the posts extend (2) feet into the Cedar Lane ROW with the overhang extending an additional 1-2 feet; and WHEREAS, Staff recommends that the pergola be modified to remove the encroachment within the public street ROW unless a Public Lands Permit pursuant to City Code Chapter 320 is approved by the City Council; and WHEREAS, the City Council again considered this request at their meeting of July 13, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the continuation of the pergola constructed on the west side of the property located at 2146 Cedar Lane on the condition that the pergola be modified to remove all encroachments from the street right-of-way and hereby makes the following findings: The pergola does not meet the definition of "carport" according to City Code Chapter 350:310 as it is not covered. The pergola qualifies as an allowable encroachment pursuant to City Code Chapter 350.440. Subd. 3 (G) and therefore is not subject to setback requirements. The foregoing resolution was moved by Councilmember seconded by Councilmember and The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 13th day of July 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -- THE JOHN J. RYAH CO. -" PLAT OF SURVEY ~TIC DEJC, A I l F.D AI CERTIFICATE OF DOCATION OF BUII~DING CERTIFICA..T~, OF I hereby certify tl~t _~n ~- /' 19._~ of the location of the building(s) on the · ~5o, e describ~ properS, &nd th~ t~_e~_l__o~_t~[_o,n of tim bG~C~J~I~(S) is ~O~T~'~y ~WI~ on T~AILDOVe prob. . ~ ,?, .. . ,,/~f ~,,~',/. ~ .',,:: .... .,. ~'-// _. '/ .,,,.,.u~,~ . ev~.~s RE( O11 '"J ) SURVEYOR. NO. i,4 I;,,: ' ,~i:.; ~ ,~' /' / f~ PAUl- J. C~_Ar~', ~-~' ........... EY · · . ~..~; ~ .:., ...., 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: Planning Commission and Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: July 8, 2004 Re: Proposed Ordinance To Regulate Dock Lot Parcels - Supplemental Information Summary. At its June 22, 2004 meeting, the City Council reviewed the latest draft of an ordinance to regulate Dock Parcels including suggested changes from the 6/21 Planning Commission meeting to include a provision to process Dock Parcel Subdivisions by CUP. Members of the City Council discussed whether or not the CUP process was appropriate for this type of request, the possible removal of Subsection 330:10 (D) (8) and the minimum (200) foot distance between the Dock Parcel and the Residential Parcel. Following discussion', the Council subsequently tabled action on the proposed ordinance to the 7/13 meeting so as to allow for review of the latest revisions by City Attorney Dean. Staff Comments. 1. Based on review by the City Attorney, a conditional use permit (CUP) is not the best tool for processing Dock Parcel Subdivisions as it is not a "use" issue. However, the inclusion of a provision to allow for review and public notification is appropriate. Therefore, Staff has included a provision to require public notification. 2. Staff recommends that Subsection 330:10 (D) (8) not be removed from the ordinance. The inclusion of a licensing provision is recommended by the City Attorney so as to allow annual review of the Dock Parcel for compliance with the ordinance provisions. 4. A number of minor modifications have been made to the ordinance to reflect suggested comments from Mr. Dean. DISCUSSION DRAFT NO. 5 CITY OF MOUND ORDINANCE NO. -200 AN ORDINANCE AMENDING SECTION 330 OF THE MOUND CITY CODE (SUBDIVISION ORDINANCE) TO INCLUDE PROVISIONS TO ALLOW THE CREATION OF DOCK PARCELS FOR PURPOSE OF PROVIDING LAKE ACCESS FOR NEARBY PROPERTIES The City of Mound does ordain: Subsection 330.05 (Definitions) of the Mound City Code is hereby amended and renumbered to add the following definitions: Dock Parcel. A parcel or tract of land located on the shore of a lake which is combined with a nearby but non-contiguous residential parcel which shall be ,subject to review and approval of an annual license by the City of Mound to ensure compliance with City Code Chapter 330.05. Dock Parcel Subdivision. The process of: (i) creating the Dock Parcel, if necessary, by division of a larger parcel; and (ii) combining the Dock Parcel with a non-contiguous residential parcel. Residential Parcel. The non-contiguous nearby residential parcel with which the Dock Parcel is combined. Subsection 330.10 (Procedural Requirements) is hereby amended to add a new Subsection D as follows: D. Dock Parcel Subdivision Dock Parcel Subdivision will be processed as a Subdivision Exemption under City Code Chapter 330.10 C ~ and =and shall be subject to the following additional provisions: Published and mailed notice reqarding the Subdivision Exemption request shall be mailed to all property owners within (350) feet of the subiect site no less than (10) days prior to review of the application by the City Council. JBD-248623v2 MU220-5 -2117- ~2. The approval of a Dock Parcel Subdivision will include an approved site plan showing the nature and location of all structures and improvements that may be constructed on the Dock Parcel. No structure or improvement other than those shown on the approved site plan may be constructed on the Dock Parcel unless the site plan is amended. ~3. The Dock Parcel shall be located within (200) feet of the Residential Parcel. 3A. The Dock Parcel must be separated from the Residential Parcel by a public street. Both the Dock Parcel and the Residential Parcel must include frontage on the public street. 45. The approval of the Dock Parcel Subdivision will not be given until the City is assured that the Dock Parcel cannot be separated from the Residential Parcel and sold separately without the consent of the City. The form and documentation to ensure satisfaction of this provision, which shall include a development agreement shall be subject to review and approval by the City Attorney and must be submitted in a form so as to allow for recording at HennePin County ,~.6. The approval of the Dock Lot Subdivision will be automatically cancelled and rescinded if the applicant has not furnished the City with evidence that the Dock Parcel and the Residential Parcel have been tax combined within 45 days following approval of the Dock Lot Subdivision. 6:.7. The Dock Parcel will not be subject to any of the lot area and dimension restrictions applicable to Lots under the City Zoning Code; but must be of sufficient width to qualify for a Lake Minnetonka Conservation District dock license. ~8. The Dock Parcel Subdivision shall not create any new nonconforming conditions. ~9. Square footage of the Dock Parcel shall not be included in hardcover, lot area or lot coverage calculations for the Residential Parcel. 0, Dock Parcel Subdivision shall not trigger loss of non-lot of record status for the Residential Parcel. 10.11. No accessory structures with the exception of those allowed in City Code Chapter 350.1200 (Shoreland Regulations) shall be allowed on the Dock Parcel. JBD-248623v2 MU220-5 -2118-_-. 11.12. No exterior storage shall be allowed on the Dock Parcel with the exception of water-oriented structures as outlined in City Code Chapter 350.1200 (shoreland ordinance) including, but not limited to, boat lifts and docks. Boat vehicles and trailers shall not be allowed to be stored on Dock Lots during the non-boating season. 12.13. Hardcover on Dock Parcel shall be no more than five ( 5 ) percent. 3.14. No vehicles shall be parked on the Dock Parcel. -1~.15. Dock Parcel shall be used solely by the owners of the Residential Parcel and their ,quests and/or invitees and shall not be used for rental purposes. .l..§.~.-No alteration of the existing public road or curb line, if applicable, shall be allowed on the Dock Parcel. 15.16. Placement of any dock shall be subject to the provisions of the Lake Minnetonka Conservation District. 16.17. Dock Parcel shall have the minimum frontage as required by the LMCD at both the public street and along the lake as measured at the OHWM. 18. The Dock Parcel shall be issued an annual license followinq submittal of a completed application by the owner of the Residential and Dock Parcel to the City of Mound no less than (30) days in advance of the original approval date of the Dock Parcel Subdivision by the City on the condition that all provisions contained in City Code Chapter 330.05 have been satisfactorily met. Violations of the provision of City Code Chapter 330.05 may result in the delay and/or revocation of the annual license for the Dock Parcel. The fee for such license shall be established by the City Council as set forth in the City Code. Passed by the City Council this Published in The Laker the Effective on day of day of ,200 . 200 . ,200 . Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel JBD-248623v2 MU220-5 FYi MINUTES MOUND ADVISORY PLANNING COMMISSION JUNE 21, 2004 Review of proposed amendment to Subdivision Ordinance to regulate physically separated dock lots At its June 7, 2007 meeting, the Planning Commission reviewed a proposed draft ordinance to regulate dock lots that are physically separated and would be combined with a nearby residential property. Based on its review the Planning Commission requested additional information that was provided. One of the most important issues that needed to be addressed was the assurance that the dock lot couldn't be sold off without the parent parcel that it was originally combined. Hennepin County indicated that the City could pass a resolution requiring local governing body approval before the property can be split. Osmek would replace the word "can" with "shall" in Item 13 of the proposed ordinance. Michael would like to require a conditional use permit provision (Item 17) "A dock lot shall only be created with the issuance of a conditional use permit." Miller would like to see the dock parcel be no farther than 100 feet of the residential parcel. Michael wanted to know what the advantage is to add a dock lot provision. Smith indicated that it was an amenity that adds value to the property. Technically, it could be an advantage in hardcover. It also affords that opportunity for non- abutters access to the lake. Osmek wants a resolution regarding restricting subdivision approval at the County level only with City approval. MOTION by Osmek, seconded by Raines, to recommend City Council approve the new ordinance as presented Item #13 strike can add shall, #17 minimum frontage requirements of LMCD at lake and street, add to #3 The dock parcel and principal structure must exist on the same street. Dock parcel subject to conditional use permit. Hardcover of dock parcel limited to 5%. MOTION carried unanimously° -2120- :- DOCK AND COMMONS ADVISORY COMMISSION MINUTES June 17, 2004 Present: Commissioners Jim Funk, Greg Eurich, Gerald Jones, Michelle Olson, Council Representative Mark Hanus, Park Superintendent Jim Faclder, Dock Administrator Katie Hoff, Secretary Denice Widmer Absent and Excused: Frank Ahrens Chair Funk called the meeting to order at 7:35pm 1. Approval of April 15, 2004 Minutes (May meeting cancelled due to lack of a quorum.) MOTION by Jones to approve the April 15, 2004 Minutes. SECOND by Funk. MOTION CARRIED. 2. Agenda Changes. None 3. No citizens present. No Comments. 4. Discuss: Fund Balance a. Non-refundable Fee for 2005 Season Hanus recommended keeping the fee low Council in the early fall. b. Capital Outlay Funk handed out a draft proposal for Projected shows a fund balance of $91,537 in the year 2008. issue was moved that. 5. Discuss: 200: No discussion 6. Discuss: 2004 Access Due to high water, no back again this summer. 7. Review: Shoreline Fackler handed out a revised ~onable and bringing this to the Expenditures that discussion of this July meeting so that Frank Ahrens could participate in ~e$ time. Will be placed on the July Agenda Calendar. Commons and Idlewood be made at this time. This item will be brought Count ~y of the Shoreline Lineal Footage Study and displayed the map that he and Katie are working on with MFRA. Fackler explained that it is unknown at this time what the impact of the transient docks at Lost Lake, the townhomes and Dreamwood will have on the program, but he will update the commission as he receives the information. Short discussion followed on BSU's. Discuss: July Agenda Calendar Added: Fund Balance, Slip Fees, Shoreline Inventory/BSU Count, Rip-Rapping MOTION by Funk to adjourn. SECOND by Eurich. Motion carried. Meeting adjourned at 8:20pm. -2121 - Date 6/1/2003 6/2/2003 6/3/2003 6/4/2003 6/5/2003 6/6/2003 6/7/2003 6/8/2003 6/9/2003 6/10/2003 6/11/2003 6/12/2003 6/13/2003 6/14/2003 6/15/2003 6/16/2003 6/17/2003 6/18/2003 6/19/2003 6/20/2003 6/21/2003 6/22/2003 6/23/2003 6/24/2003 6/25/2003 6/26/2003 6/27/2003 6/28/2003 6/29/2003 6/30/2003 Totals Harbor Wine & Spirits June 04 Weather Cust 04 Cust 03 Variance cool/rainy 215 215 sunny 237 287 -50 sunny 293 291 2 warm/sun 492 316 176 warm/sun 594 350 244 CLOUDY 532 -532 sunny/hot 283 637 -354 CLOUDY 223 223 cldy/rain 228 362 -134 rainy 263 282 -19 cool/rain 435 320 115 sunny 629 358 271 sunny 653 -653 SUNNY 235 837 -602 sunny 232 232 cloudy 238 360 -122 sunny 254 378 -124 cldy/sun 462 380 82 sunny 642 419 223 sunny 647 -647 cldy/sun 217 803 -586 cool/sunny 262 262 cool/sunny 249 347 -98 COOL/SUNN 250 329 -79 cool/sunny 472 307 165 sunny 566 382 184 p.cloudy 574 -574 SUNNY 656 -656 0 SUNNY 390 -390 7971 11197 -3226 Sales 04 Sales 03 Difference +/- 3773.08 3992.91 4324.55 4564.95 4375.68 9017.49 4841.51 12983.75 6748.54 10408,33 4077.87 12983.31 3355.39 3647.83 5953.12 4770.57 4318.61 9317.19 5716.67 14268.93 6292.57 12663.37 3835.29 17958.18 4124.71 4492.4 5354.94 5190.26 5813.8 10061.09 5976.36 14221.4 6746.96 13463.33 3382.94 17281.12 4675.82 4744.88 5131.21 5031.46 5040.82 9677.76 4972.66 13260.9 6649.92 11182.79 13947.15 6652.57 156468.87 204798.07 3773.08 -331.64 189.27 4175.98 6235.21 -10408.33 -8905.44 3355.39 -2305.29 451.96 3600.52 7976.36 -12663.37 -14122.89 4124.71 -862.54 -623.54 4084.73 7474.44 -13463.33 -13898.18 4675.82 -386.33 -9.36 4705.1 6610.98 -11182.79 -13947.15 0 -6652.57 -48329.2 -2122- _- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com June 21,2004 TO: Gino Businaro/Kandis Hanson FROM: Joyce Nelson Recycling Coordinator SUBJECT: 2004 Spring Clean-up The following is a list of the expenses incurred for the Spring Clean-up ( labor not included) Appliances $3160.00 Furniture Disposal $2888.34 Tires $529.00 TV's $347.75 Nash (Vets) $200.00 TOTAL $7125.09 The receipts for the day amounted to $9150.90. _printed on recycled paper 2123- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, May 26, 2004 Tonka Bay City Hall CALL TO ORDER Skramstad called the meeting to order at 7:01 p.m. ROLL CALL Member present: Tom Skramstad, Shorewood; Katy Van Hercke, Minnetonka; Jose Valdesuso, Excelsior; Paul Knudsen, Uinnetrista; Orv Burma, Mound; Miles Canning, Greenwood; Bert Foster, Deephaven; Pete Nelson, Victoria; Tom Scanlon, Spring Park; Tom Seuntjens, Uinnetonka; Herb Suerth, Woodland. Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: Bob Ambrose, Wayzata; Doug Babcock, Tonka Bay; Debbie Halvorson, Orono. CHAIR ANNOUNCEMENTS, Chair Skramstad Skramstad stated that the annual Board Lake Inspection Tour generally takes place in June and that there was a need to schedule a date. The Board discussed this matter and the general consensus of the Board was to conduct the annual Board Lake Inspection Tour on Tuesday, June 29th during the evening hours. Skramstad stated that further details would be provided to the Board in the near future. READING OF MINUTES- 5/12/04 LMCD Regular Board Meeting MOTION: Nelson moved, Seuntjens seconded to approve the minutes from the 5/12/04 Regular LMCD Board Meeting as submitted. VOTE: Motion carried unanimously. PUBLIC COMMENTS - Persons in attendance, subjects not on agenda. Mr. Randy Boyd, 19960 Minnetonka Blvd., stated that he was interested in the Lake Minnetonka Boat Density Sub-Committee and that he attended meetings when possible. He pointed out that he was unable to attend the 5/18~04 meeting because he was notified after the fact. He expressed concern about the LMCD eliminating the 1974 Boat Density Policy Statement because he believed the City of Deephaven would like to increase the number of boats associated with its multiple dock license. He stated that the City of Deephaven has an application pending with the LMCD and he encouraged the Board to take action on it. He believed that the primary purpose of this sub-committee was to allow the City of Deephaven to store more boats on Carsons and St. Louis Bays. Skramstad stated that the sub-committee was established by the Board to review the 1974 policy and come back with recommendations to the Board on current trends. There might be a number of -2124- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page 2 recommendations for the Board to consider, including throwing outthe 1974 policy. He asked Nybeck to comment on the after the fact notification referenced by Boyd. Nybeck stated that he believed the meeting notice for the 5/18/04 sub-committee meeting was sent out late the previous week. Every attempt will be made for future sub-committee meetings to send out the notice as soon as possible. Skramstad asked Nybeck for an update on the Deephaven application referred to by Boyd. Nybeck stated that the City of Deephaven submitted new multiple dock and special density license applications over one year ago to increase the number of boats being stored on St. Louis Bay. A public hearing was conducted and there were a significant number of concerns raised by residents. The Board discussed the applications and the City of Deephaven was given direction on a number of issues that needed to be addressed or clarified. He believed Deephaven was addressing these issues at the city level and they have signed a consent form to the 60-day rule. Van Hercke stated that she had comments; however, she would address them later in the meeting. Valdesuso arrived at 7:14 p.m. PUBLIC HEARING · Howards Point Marina, new multiple dock license and launching ramp application to back license 38 off-lake storage Boat Storage Units (BSU's) under LMCD Code Section 2.045. Skramstad opened the public hearing at 7:15 p.m. and asked for background from Nybeck. Nybeck made the following comments: · At the 3/10/04 Regular Meeting, the Board considered the 2004 Howards Point Marina renewal without change commercial dock and launching ramp application. A number of discrepancies were pointed out from inspections conducted in 2003. These included: 1) there was unauthorized dock structure on the south side of BSU 1, 2) there were a number of unauthorized pilings or dolphin poles installed throughout the facility, and 3) there was an unauthorized temporary structure near the dock that was being used for fueling purposes of personal watercraft. · The Board approved the 2004 renewal application with three conditions. These included: 1) subject to removal of all unauthorized structure and pilings until approved by the LMCD Board, 2) subject to all watercraft being stored in authorized locations on the approved site plan, dated 11/2/94, and 3) the off-lake storage being conducted in the lot on the east side of Howards Point Road must be discontinued. The Board agreed to hold off enforcement relating to the unauthorized structure and pilings, provided the applicant submits a new application for consideration by the Board within 30 days. A new application was submitted within 30 days and the Board approved it at the 5/12/04 Regular Meeting to resolve the unauthorized dock structure and pilings throughout the facility. · To address the off-lake storage activity that'has been conducted in past boating seasons, David Albrecht has submitted an amended new multiple dock and launching ramp license application -2125- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page3 on 4/8/04. Nybeck clarified that the application was not a "Reapplication (per LMCD Request) for Boat Parking/Boat Storage Grandfathered by Use and Ordinance and by prior LMCD Approval". The application form was further amended in a way that required it to be deemed incomplete because they were only going to allow staff to enter the premises at reasonable times with prior written approval for inspection purposes. This was not acceptable to him or LeFevere and it was communicated to Howards Point Marina that the application was deemed incomplete because it was not consistent with Code Section 2.03, subd. 4. The applicant has subsequently amended the application to allow staff to conduct inspections as outlined in Code Section 2.04, subd. 4. · Howards Point Marina has made two requests. First, they have requested the Board to back license 38 off-lake BSU's in the parking lot on the east side of Howards Point Road under LMCD Code Section 2.045. Second, they have requested the Board waive the $1,070.00 of fees submitted with the application that they claim are duplicate. · In April 2003, Howards Point Marina submitted a similar application to back license 37 off-lake BSU's in the same parking lot. A public hearing and Board discussion was conducted at the 5/14/03 Regular Meeting, with additional discussion at the 6/25/03 and 7/23/03 Regular Meetings. The Board approved Findings of Fact and Order denying this application at the 7/23/03 Regular Meeting because the Board concluded that Howards Point Marina had not provided substantial or credible evidence that 37 off-lake storage BSU's existed in 1987. · Code Section 2.045 outlines Code relating to conforming off-lake storage facilities on Lake Minnetonka. The Code defines off-lake storage as "any dock, mooring area, or launching ramp used by any club, business, or association in conjunction with the storage of restricted watercraft off the water of Lake Minnetonka';, For conforming facilities, the Code outlines a number of requirements that need to be met. Howards Point Marina does not meet a number of these requirements. There is an exception in the Code for existing facilities that would have allowed them to continue in use and operation as long as they were licensed within 30 days of 12/28/87. · Howards Point Marina did not get a license for off-lake storage within 30 days of 12/28/87. In 2003, LeFevere wrote a letter to Howards Point Marina, dated 1/3/03, stating that they did not have a license for an off-lake storage facility and he provided them four options. First, demonstrate to the LMCD that the use of the launching ramp and associated storage of watercraft off the lake does not meet the definition of Code requiring a license for an off-lake storage facility. Second, demonstrate to the satisfaction of the LMCD that the facility is grandfathered in by demonstrating that it was in existence on 12/28/87. No such facility would be permitted in excess of the number of watercraft being stored off the lake at the facility during the 1987 boating season. Third, cease off-lake storage, cease use of the launching ramp, or take steps necessary to assure that watercraft stored at the off-lake facility do not use the launching ramp. Fourth, apply for an off-lake license that would require a substantial reduction in the number of watercraft stored at the facility. · Because Howards Point Marina cannot meet a number of requirements for conforming off-lake storage facilities, the application needs to be considered by the Board for what existed during the 1987 boating season and the burden of establishing this is on Howards Point Marina, not the LMCD. · When Howards Point Marina submitted the off-lake storage application in 2003, they included a number of Income Statements from around the 1987 grandfather date that included "Extended -2126- ~- Lake Minnetonka Conservation District Regular Board Meeting Uay 26, 2004 Page 4 Parking". However, they did not provide the exact number of "Extended Parking" spaces for those years by either submitlJng a copy of acontract or pictorial evidence to support the 37 off- lake BSU's that they were proposing. In fact, LMCD pictorial evidence during the summer months of 1983, 1990, 1992, and 1994 documented that 37 off-lake storage BSU's did not exist when these pictures were taken. With the current application, they have included a copy of the "Summer Parking Contract" for the parking lot in question. In this contract, Summer Parking Spot Only spaces are available for $1,250.00. The contract makes reference to no launch privileges and the Board might want further clarification. · With the current application, they have submitted a historical document from the City of Shorewood that illustrates 38 parking spaces on the north and east sides of the parking lot in question. However, this document does not clearly define that these parking spaces are for off- lake storage BSU's and the Board should consider the application for the number of off-lake storage boats that existed in 1987. · He expressed concern about the Board waiving the $1,070.00 of fees submitted with the application because there has not been duplication of fees submitted in 2004. · In compliance with MN DNR General Permit 97-6098, the MN DNR and the City of Shorewood were provided a copy of the application on §/10/04, with comments due in the LMCD office by §/21/04. No comments have been received from either governmental agency. · Based on the documentation provided by Howards Point Marina, he did not believe that they have satisfactorily documented that 38 off-lake storage BSU's existed in 1987. Additionally, he did not believe that Howards Point Marina had adequately shown that the activity being conducted in the parking lot did not qualify as off-lake storage. Similar to 2003 when the Board reviewed a similar application, there are a number of options for the Board to consider. These included: 1) deny the application because it was not submitted within 30 days from the 12/28/87 grandfather date, 2) deny the application because they have not documented that 38 off-lake storage BSU's existed during the 1987 boating season, 3) grant the application and back license to 1988 for the number of off-lake storage BSU's that the applicant demonstrates, to the Boards satisfaction, existed in 1987, and 4) continue the matter for presentation of further information, specified by the Board, conditioned on waiver of the 60-day rule by the applicant. · He recommended the Board deny the request to waive the $1,070.00 of fees submitted with the application. · He entertained questions or comments from the Board. Canning asked Nybeck how many boats were being stored in the parking lot in question in the 1992 LMCD aerial photo. Nybeck stated that the best aerial photo the LMCD has was taken on 7/14/92. In this photo, off-lake storage appeared to be taking place along the north side of the lot and he estimated that there were approximately 17 to 20 BSU's delineated with poles, chaining, and a numerical system. It appears that off-lake storage was expanded in later years to include the east side of the lot and this was documented in a 1994 aerial photo taken. Even in 2003, he estimated that there were only 30 delineated off-lake storage BSU's observed during an inspection he and Skramstad conducted. Scanlon suggested that it would be possible for a facility that has off-lake storage to lease out fewer -2127- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page 5 BSU's than they are allowed to maintain. Nelson stated that he believed that the onus was on the applicant to provide some form of credible evidence that 38 off-lake storage BSU's existed during the 1987 boating season. In the absence of this evidence, it appears that the LMCD has evidence to the contrary. Skramstad stated that he had previous discussions with management of Howards Point Marina that pictorial evidence exists that indicates a reduced number of off-lake storage BSU's around the 1987 boating season. The Board denied the 2003 application for 37 off-lake BSU's and he questioned whether there was middle ground that could be agreed to by both parties. A meeting was coordinated in the LMCD office to discuss this further and he believed that there was progress on submitting an application for middle ground. Knudsen asked if there was any documentation on the level of off-lake storage that existed the past three to five years. Nybeck stated that he had only inspected the parking lot in question for off-lake storage the past two boating seasons. Mr. Jack Strothman, legal counsel from Lindquist and Vennum., spoke on behalf of Howards Point Marina. He made the following comments: He questioned why the off-lake storage activity at Howards Point Marina was subject to harassment the past few years after 15 years of no action. · Howards Point Marina has been in existence for approximately 75 years and the present owners purchased the property in 1977. The owners originally consisted of 25 Shorewood residents so that the marina could be run properly and not be a detriment to the neighborhood. Additionally, it would allow them to store their boats at the facility, including the back parking lot. He stated that a number of the boats stored in the back parking lot are owned by residents of Shorewood and that some of them do not use the private launch ramp. The current owners have been reduced to slightly less than 20. · He expressed concern about the historical evidence discussed by staff because all of the off- lake spaces might not have been leased or rented in those years for a variety of reasons. He encouraged the Board to focus on the number of off-lake storage sPaces that Howards Point Marina was permitted to have. He stated that he believed the jurisdiction of the water was the LMCD and that the jurisdiction of the land was the City of Shorewood. In the parking lot in question, the City of Shorewood has allowed Howards Point Marina 38 boat parking spaces and this has been documented in writing. He believed that this was adequate evidence of what existed in 1987 and before. · He suggested that the ordinance adopted for off-lake storage in 1987 does not apply to Howards Point Marina. To further complicate the situation at that time, LMCD Executive Director Frank Mixa concluded that the activity being conducted in the parking lot was not drystacking and the ordinance did not apply'to Howards Point Marina. He believed the intent of the ordinance adopted in 1987 was to regulate facilities that stacked vertically and launched boats with a forklift, which has not occurred in the Howards Point Marina parking lot. · Those individuals that rent the spaces in question in the parking lot pay an annual fee and sign -2128- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page 6 a contract. If they would like to use the private launching ramp owned by Howards Point Marina, they are required to pay the fee just like the general public. One of the primary purposes for the public to rent a space in the parking lot is to get access to Lake Minnetonka, which he believed was consistent with the policies of the LMCD and the State of Minnesota. · He expressed his concern about language included in the cover letter for inspections conducted from 1996 through 2001 that stated that boat storage at Howards Point Marina was in compliance with Code. He stated that Howards Point Marina was not able to find records of what physically existed in 1987 season as requested by staff in 2002. In absence of this evidence, Howards Point Marina has provided historical financial records and a historical map that was on file at the City of Shorewood. · He stated that the application provided by staff was an application under Code Section 2.03. Off-lake storage is covered under Code Section 2.045 and that he was unaware of an application for off-lake storage. Because of this, Howards Point Marina struggled with how to complete the application and they do not believe the LMCD has the jurisdiction to regulate the activities in the parking lot in question. · He entertained questions or comments from the Board. Nybeck commented on two points raised by Mr. Strothman. First, inspections have been conducted at Howards Point Marina that have stated that the facility was in compliance with LMCD Code and license requirements. However, these inspections were only conducted for the BSU's in the water and did not include an inspection for the parking lot. Second, the application submitted by the applicant was downloaded from the LMCD website and was not sent out by staff. When the application submitted was amended by Howards Point Marina, he stated that he discussed the idea of deeming the application incomplete with LeFevere. If Howards Point Marina was concerned that there was not an application for off-lake storage activity consistent with Code Section 2.045, staff could have created such an application. Skramstad asked LeFevere to comment on density allowances by Code at this facility. LeFevere stated that one of the options that Howards Point Marina has is to make the facility a compliant facility for storage in the water and on land through a special density license. This would allow for a density of 1:10' and would result in a reduction in density because the number of boats already in the water exceed the 1:10' density standard. Essentially what Howards Point Marina has requested is to be back licensed to 1987 for a facility that existed at that time. Strothman stated that his clients do not believe that. they need a permit for off-lake storage and that they are not requesting to back license the activity to 1987. However, Howards Point Marina is willing to get a permit and pay the fees if the LMCD deems necessary. Nelson asked LeFevere to comment where the authority of the LMCD extends onto the land. LeFevere stated that the language in the ordinance for off-lake storage purposes does not define the parking lot itself as off-lake storage. Instead, it is the parking lot where the off-lake storage activity is occurring in conjunction with the launching ramp at Howards Point Marina. He pointed out that LMCD Code does not prohibit off-lake storage until launching of the watercraft being stored in the parking lot -2129- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page7 is done in conjunction with the launching ramp. However, there is language in the enabling legislation that would possibly allow jurisdiction in a parking lot on land, although the LMCD has not historically excersized this. Foster stated that ordinances relating to the 1:50' General Rule and the 1:10' rule special density licenses were adopted by the Board many years ago. When it became apparent that added density could occur on the lake through off-lake storage facilities, the Board adopted an ordinance relating to this activity in 1987. He stated that he wanted to ensure that the existing ordinance was on good legal standing and he believed it was possible that Frank Mixa interpreted the activity occurring at Howards Point Marina not to be drystacking. If Howards Point Marina needed a permit for off-lake storage in the parking lot at that time, he believed that they would have done so. He supported working out a back license arrangement for Howards Point Marina and reworking the ordinance to preclude it from happening in the future. LeFevere stated that he was not aware of problems with the current ordinance. If the Board concludes that if the Board finds that 38 off-lake storage BSU's were in existence in 1987 on the basis of evidence available, he did not believe that this would set precedent for future decisions by the Board on a lakewide basis. In 1987 when the ordinance was adopted by the Board, facilities were allowed to secure a license at that time for the boats that were in existence, not the number of parking spots that could be fit on a parking plan that is approved by a city. He expressed concern about the Board making back license decisions based on what the city might have permitted. If the Board would like to amend the existing ordinance, he suggested that he would need further feedback on what areas of the existing ordinance need to be amended. Foster questioned whether back licensing should be for the boats that were in existence in 1987 or the facility that was in existence in 1987. In this application, the City of Shorewood has stated that they had a parking plan for 38 parking spaces. Seuntjens questioned how many spaces Howards Point Marina would have applied for in 1987 if they understood at that time they needed a permit for off-lake storage. Harper stated that the licensed off-lake storage facilities that stack boats vertically generally do not store boats to the ceiling of the building that they are stored in. Suerth stated that he was comfortable that the parking plan for 38 spaces submitted by the applicant from the City of Shorewood preceeds adoption of the off-lake storage ordinance. Nybeck clarified that he had discussed with Shorewood staff to clarify the status of this parking lot. The parking lot has not been granted a conditional use permit and the number of spaces is allowed to continue because of historical use. If the use in the parking lot were intensified, Howards Point Marina would then need to get a conditional use permit from the City of Shorewood. LeFevere stated that land use law allows for vesting of non-conforming situations because of constitutional guarantees that prohibit the taking of property without compensation. He did not believe application of the off-lake storage ordinance would result in a constitutional taking because the parking -2130- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page 8 lot could be continued to be used as long as it is not used in conjunction with the launching ramp. The vested constitutional rights that apply to the land do not apply to public waters. Knudsen stated that he had concern about the number of off-lake storage spaces that had been used in the past five years because there was testimony from the neighborhood in 2003 that the activity was expanding. He indicated that he would like to take the neighborhood concerns expressed in 2003 in his decision making process. Strothman stated that he believed the neighborhood misunderstood the public hearing notice in 2003 that the application was for additional spaces. Canning asked if the Howards Point Marina has a special density license. Nybeck stated that Howards Point Marina was already a legal, non-conforming multiple dock facility. This does not include the off-lake storage activity in the parking lot in question and they do not have the shoreline to support a special density license. Canning stated that 38 off-lake storage spaces provide access to Lake Minnetonka. He expressed concern that the MN DNR does not include it as public access because it is not free and available to the general public. He suggested that these spaces should be counted to the 700 car/trailer spaces number. If 38 spaces for off-lake storage are back licensed at this facility, would it be appropriate to either require or ask Howards Point Marina to make an undetermined number of spaces free and available to the public so that they could be counted towards the goal of 700 car/trailer spaces. Nelson stated that if the 38 spaces proposed cause the neighbors problems or concerns, they should be taken up and addressed by the City of Shorewood. He questioned LeFevere whether the City of Shorewood could further restrict the 38 spaces at a later date. LeFevere stated that would include land use laws and would need to be addressed by the City of Shorewood. Nelson stated that based on his personal experience, there might some neighborhood concerns relating to how the gas dock interacts with the private access ramp. He suggested that Howards Point Marina could resolve it with some changes to its gas dock. Mr. David Polley, 27635 Island View Road, stated that he had been one of the owners of Howards Point Marina since 1977. The neighbors in 2003 were upset during the public hearing because they had not thought through the whole process of what was going on. If boats are being stored in the back parking lot, these boats are not driving in the city streets in the immediate area, which was their primary concern in 2003. Most of these boats are being launched at the Howards Point Marina private access ramp. He stated that Howards Point Marina was looking for a reasonable settlement to continue to allow the facility to run its business. Canning asked Polley if he recalled the number of boats that existed at the grandfather date. -2131 - Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page9 Polley stated that he did not recall any changes over the years. Howards Point Marina has had the same stakes over the years and the parking lot has been utilized to the greatest extent possible to generate a profitable business. Canning asked if all 38 spaces were rented out for 2004. Polley stated that he was unsure of the number of spaces that were rented out in 2004. Mr. Jeff Fox, 5270 Howards Point Road, stated that he has lived at this residence since 1985. Prior to 1985, he resided at 27990 Smithtown Road from 1954 to 1985. He stated that the marina has done a good job over the years. The primary concern of the neighborhood over the years has been the. narrow sections of Howards Point Road and the fact that boats have gotten wider and longer over the years. His primary concern was public safety on both the roads and in the water in the immediate area. He stated that itwas hard to recall what existed in the parking lot in question because it has been cleaned up over the years. However, the Boats have gotten larger that are stored in the parking lot and it is possible that the number has increased. There being no further comments, Skramstad closed the public hearing at 8:41 p.m. Canning stated that he believed Howards Point Marina was having problems documenting that 38 off- lake storage spaces existed in 1987. In fact, there has been evidence submitted by staff that somewhere around 17 to 20 boats existed around 1987. He recommended allowing Howards Point Marina the ability to have 19 off-lake storage spaces, provided that they also provide 19 spaces for public access purposes that is free and available to the public. He stated that he made this recommendation because it would be a balance between providing the public access and the LMCD being a good steward by enforcing the ordinance for off-lake storage. Van Hercke asked LeFevere to comments on the recommendations outlined by staff for the Board to consider. LeFevere stated that although the proposal made by Canning might make sense, the Board should evaluate the application based on the current ordinance. The Board could always amend the ordinance to accomplish what Canning has proposed. With regards to the recommendations made by staff, those decisions are policy decisions of the Board. There have been some cases in the past where back licensing has been utilized to alleviate a hardship that would be caused by requiring removal of docks and boat storage that would have qualified for a license if the owners had been aware of the legal requirements and had applied for a license. There is a provision in Code Section 2.045 that required existing facilities to make application within 30 days from 12/28/87. This provision was intended to cut off licensing at that date. One of the grounds in the approved Findings of Fact and Order to deny the 2003 Howards Point Marina application was that they did not meet this requirement. Staff has provided this recommendation again in 2004 as one of the recommendations for the Board to consider. A second recommendation was to deny the application because the applicant has not documented that 38 off-lake storage BSU's existed during the 1987 boating season. It has been documented that a parking lot existed with 38 spaces; however, there is a question on whether expansion has occurred over the years. This is a policy decision for the Board to decide on. A third -2132- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page 10 recommendation has been made to grant the application and back license to 1988 for the number of off-lake BSU's that the applicant demonstrates existed in 1987. This again is a policy decision of the Board and the Board has discretion on the types of proof it requires to demonstrate what existed in 1987. The fourth recommendation is to continue the matter to gather any additional information, specified by the Board, conditioned on waiver of the 60-day rule by the applicant. This recommendation would allow the Board to get further information if deemed necessary by the Board. Skramstad stated that he was originally surprised to see Howards Point Marina submit an application for 38 off-lake storage BSU's. However, with the hand drawn parking plan and the letter from the City of Shorewood, this will influence his decision. MOTION: Foster moved, Burma seconded to approve the Howards Point Marina application for 38 off- lake storage BSU's, subject to back licensing this activity to 1988 and the applicant paying the appropriate fees from 1988 through 2003. Foster stated that he was persuaded to make this motion because he believed that Howards Point Marina had been given improper guidance from the Executive Director at the date of adoption of the ordinance and because of the hand drawing of the parking lot provided by the City of Shorewood. He believed that the existing off-lake storage ordinance should be checking into further by LeFevere. Nybeck stated that because of the uniqueness of this application, he recommended that the motion should be amended so that Finding of Fact and Order for approval of the application are prepared by LeFevere for consideration by the Board at the 6/9/04 Regular Board Meeting. Foster and Burma agreed to this recommendation as a friendly amendment. Seuntjens stated that a previous approval by the Board required Howards Point Marina to submit an as-built survey for changes in the water. If the Board approved the proposed motion, he recommended that the 38 off-lake BSU's should also be included on this as-built survey. He recommended this as a friendly amendment. Foster and Burma agreed to this. Van Hercke asked Nybeck to summarize what the pictorial evidence documented existed. Nybeck stated that the pictorial evidence in 1983 documented a couple of boats, there were approximately 15 boats in 1990, there were approximately 17 boats in 1992, and the number continued to increase in 1994 with the storage of boats on the east-side of the lot. Burma stated that he seconded the motion because he believed proof has been provided on the number of spaces that existed prior to 1987. VOTE: Ayes (10), Nayes (1, Canning); motion carried The meeting was recessed at 9:17 p.m. and reconvened at 9:28 p.m. Skramstad stated that there were a few members in the audience for the update on the Lake Uinnetonka Boat Density Sub-Committee, agenda item 3A. If the Board did not object, he stated that -2133- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 he would like to move this update in front of agenda item lA. LAKE USE & RECREATION A. There were no objections. Page11 Update of 5/18/04 Lake Minnetonka Boat Density Sub-Committee Meeting; Foster stated that the last Lake Uinnetonka Boat Density Sub-Committee meeting was conducted in the LMCD office on 5/18/04. In this meeting,.the sub-committee discussed and agreed to a mission statement. The sub-committee also agreed to review the 1974 policy on a section by section basis in a more thorough manner. The next sub-committee meeting has been scheduled for Thursday, 6~3/04, at 7:30 a.m. in the LMCD office. An update of this sub-committee meeting will be reported at the 6/9/04 Regular Board Meeting. Skramstad stated that the Board originally established this sub-committee to audit the 1974 policy and to bring back options or recommendations from the Board. The Board might not be able to agree on these options or recommendations and the public should understand that this process would take time. ADMINISTRATION A. Steve Tallen, Update by LMCD prosecuting attorney on LMCD v. Daniel Jonathan McCIoud pending litigation. Skramstad asked Tallen for background on this agenda item. Tallen recommended that the Board go into executive session to discuss pending litigation. MOTION: Knudsen moved, Scanlon seconded to close the Regular Board Meeting and convene into executive session at 9:40 p.m. to discuss pending litigation with the LMCD counsel, as allowed for client-attorney privileges by the Open Meeting Law. VOTE: Motion carried unanimously. Skramstad asked the public in attendance to leave the meeting room so that the Board could go into executive session. MOTION: Nelson moved, Burma seconded to close the executive session at 10:34 p.m. and re- convene the Regular Board Meeting. VOTE: Motion carried unanimously. During the executive session, the Board directed Tallen to file a petition to the Minnesota State Supreme Court on the Daniel Jonathan McCloud litigation on an eight to three vote. Those Board members on the dissenting side included Canning, Foster, and Scanlon. Van Hercke left at 10:35 p.m. B. Additional Business. -2134- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page 12 The Board briefly discussed the change to the enabling legislation for the LMCD. The consensus of the Board was to extend an invitation to Senator Olson and Representative Smith to provide them an opportunity to explain why they introduced this legislation and to allow Board members to ask them questions. 2. FINANCIAL A. Audit of vouchers (5/16/04 - 5131104). Knudsen reviewed the audit of vouchers as submitted. MOTION: Skramstad moved, Nelson seconded to approve the audit of vouchers as submitted. VOTE: Motion carried unanimously. B. April financial summary and balance sheet. Knudsen entertained a motion to accept the April financial summary and balance sheet as submitted. MOTION: Burma moved, Nelson seconded to accept the April financial summary and balance sheet as submitted. VOTE: Motion carried unanimously. C. Review of draft 2005 LMCD Budget. Skramstad asked for background on this agenda item from Nybeck. Nybeck stated that the draft 2005 LMCD Budget had been prepared and that a Board working session was conducted in the LMCD office on 5120104. Board members Skramstad, Knudsen, Babcock, and Nelson attended this working session. Based on this meeting, some slight modifications were made. A levy of $261,294 in 2005, approximately a 6.9% increase from 2004, has been proposed. He pointed out that the LMCD had forwarded a levy of approximately $244,000 to the member cities in 2002 through 2004. He stated that four primary questions were' addressed at the 5/20/04 working session. These included: 1) What level does the Board want to fund the zebra mussel program, 2) Does the Board want to fund for public access signage in 2005, 3) What levels does the Board want to maintain for Administrative and Exotic reserve fund levels, and 4) Does the Board want to budget for EWM capital equipment depreciation. He entertained questions or comments from the Board on possible changes because the draft 2005 LMCD Budget was to be forwarded to the member cities in the next couple of days. Skramstad stated that there are two pdmary components that would contribute to the 6.9% increase in the levy to the member cities, personal services and the zebra mussel project. He pointed out that this would be noted in the cover letter and there had been a fiat levy to the member cities from 2002 through 2004. -2135- Lake Minnetonka Conservation District Regular Board Meeting May 26, 2004 Page 13 MOTION: Burma moved, Nelson seconded to approve the first draft of the 2005 LMCD Budget and to direct staff to send it out to the 14 member cities for their review and comments. VOTE: Motion carded unanimously. D. Additional Business. There was no additional business. 3. LAKE USE & RECREATION B. Additional Business. Harper stated that 2004 renewal without change on-sale non-intoxicating malt liquor and wine license applications have been received for the charter boat, Holiday Fair. The annual inspection has recently been concluded favorably by the Hennepin County Sheriffs Department and he recommended the Board approve the renewal applications for the 2004 season. MOTION: Canning moved, Knudsen seconded to approve the 2004 on-sale non-intoxicating malt Liquor and wine licenses for the charter boat, Holiday Fair. VOTE: Motion carried unanimously. 4. WATER STRUCTURES There was no diScussion. 5. EWM/EXOTICS TASK FORCE Nelson stated that he was working with the Freshwater Society on the preparation of a zebra mussel educational video with TPT. The text was close to being finalized and he asked the Board whether they would like to review the text before the video was prepared. The target date for the video to be finalized was around July 4th. The Board discussed this and the consensus was that Nelson could proceed with the text without a final review by the Board. Nelson stated that Valdesuso had recently prepared a number of color copies of the power point presentation. These copies will be sent out to the member cities in the near future, in addition to a CD and an educational brochure. 6. SAVE THE LAKE There was no discussion. 7. EXECUTIVE DIRECTOR REPORT -2136- Lake Minnetonka Conservation District Regular Board Meeting May 26, 20O4 Page14 Nybeck updated the Board on five items. First, the lake level on Lake Minnetonka was 928.71' on 5/24/04, with the dam discharging at 12 c.f.s. Second, a copy of an article from the 5/11/04 Lakeshore Weekly News was included in the packet for informational purposes. Third, a copy of correspondence recently forwarded to a mayors meeting from the mayor of the City of Deephaven was included in the handout folders at the request of the Board. Fourth, a draft version of LMCD committee mission statements and the budget process was included in the handout folders at the request of Board member Van Hercke. He suggested that this could be discussed further by the Board at the 6/9/04 Regular Board Meeting. Fifth, he requested the Board authorize staffto have a survey prepared for a possible criminal prosecution at a residence in the City of Mound that has a dock that is not contained within the authorized dock use area for this site that has less than 10' of lakeshore frontage. The Board briefly discussed the request of Nybeck and the consensus was to take one final step at voluntary compliance prior to proceeding with a survey and criminal complaint. Nybeck and Burma were directed to contact the party in question and report back to the Board if necessary. 8. OLD BUSINESS There was no old business. 9. NEW BUSINESS There was no new business. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 11:11 p.m. Tom Skramstad, Chair Jose Valdesuso, Secretary -2137- The GiHespie Gazette VOL XII NO 7 Jtdy - 2004 fwv~e22,2004 Dear M~bers, P~6e n~te t~at t~e "5200 Annabel Sweepsto~es" U~ts ~e ~ ~~ gs ~ pr~ C~ we ~e ~~ ~ ~ ~ ~ 300 t~ ~~ We ~S ~ to ~~ ~ ~ ~ ~ ~ ~ ~~ a $1 ~~ ~ ~ w~ ~~ ~ y~ w~ a ~ ~ w~ $ ~ oo ~~ (w~'~~~~ q~~ ~~~ $250.) M~ p~ ~e ~ to ~e ~ p~ ~r~ w~ ~ w~ ~ ~~~ ~ ~ ~~ ~ w~ F~ we ~ $~ ~,6o0 pr~ ~ ~~ to ~ pr~ ~ ~ t~ ~~ ~s ~ ~ ~ ~. As~ V~Pr~ M~ E~S~~ ~~ p~ ~ j~ ~ ~ w~ to ~~e ~ C~." We h~uve a2rea~ ~t th~ date~ o~r Th~rd An~v~rsary for A~d~st 8~ from6 to8 pn~. We are ph~u~g an ~ce creane socix~ an~l ~ th~t a nZce sum~x~r ~~ woful be a wo~ge~f~l ~ne to ce~2~ate. Lo~k for G ~p ~e C e~t~ Board of Directors -2138- BOARD MEMBERS Tom Skramstad Chair, Shorewood Katy Van Hercke Vice Chair, Minnetonka Jose Valdesuso Secretary, Excelsior Paul Knudsen Treasurer, Minnetrista Bob Ambrose Wayzata Doug Babcock Tonka Bay Crv Burma Mound Miles Canning Greenwood Bert Foster Deephaven Debbie Halvorson Orono Pete Nelson Victoria Tom Scanlon Spring Park Tom Seuntjens Minnetonka Beach Herb Suerth Woodland LAKE MINNETONKA CONSERVATION DISTRICT 18338 MINNETONKA BLVD.· DEEPHAVEN, IvllNNESOTA 55391 · TELEPHONE 952/745-0789 · FAX 952/745-9085 Gregory S. Nybeck, EXECUTIVE DIRECTOR June 24, 2004 TO: FROM: LMCD Member Cities- City Administrators LMCD Board of Directors Greg Nybeck, Executive Director~' SUBJECT: Adopted 2005 LMCD Budget Enclosed is a copy of the 2005 Lake Minnetonka Conservation District (LMCD) Budget, which was recently adopted and certified by the LMCD Board of Directors. Minnesota State Statute 103B.635, Subd. 1 requires the LMCD Board, on or before July 1 of each year, to prepare and submit a detailed budget of the District's needs for the next calendar year to the governing body of each municipality in the District with a statement of the proportion of the budget to be provided by each municipality. Per enabling legislation, the maximum levy the LMCD could forward to its member cities in 2005 is $334,142. We are pleased to forward an approved 2005 LMCD Budget that is well below the maximum levy at $261,294. Although this levy is a 6.9% increase compared to 2004 ($244,453), it is the first increase in a levy being forwarded to the member cities since the 2001 LMCD Budget. In 2002 and 2003, the approved LMCD Budgets included levies of $244,621 and $244,995 respectively that were forwarded to the member cities. If your city has any comments about the adopted 2005 LMCD Budget, please let me know. We are glad to discuss this further and are required by state statute to schedule a public hearing on this matter, if requested. On behalf of the LMCD Board of Directors, I would like to thank all 14- member cities for their continued participation and support for LMCD related activities. Please feel free to contact me at the District office if you have questions or concerns. My e-mail address is: 50% Recycled Content 20% Post Consumer Waste Web Page Address: http://www.lmcd.org E-mail Address: Imcd@lmcd.org -2139- ~moo ~~ 03 ~ m ~ ~ (I) < ~00~ O0 ~0~0~ __~ ~0000 ~0~0~0~ __~ ;z ooo 000000 ~0000000~ ~0000000~ 000~0 00000004:~ ~ -- -2141 - ~ ooo 00000 ~ O0 ~0000000000~0 0 I~ ¢~0~,.00'1~00C~0000~0010 0 000 0 000 0 O0 ~0000000000~0 ~0 ~000~ 0 0 ~0~00 00000 0 O0 0 O0 0000000000000 ~ -2142- 000 0000 0 ~ O~ 0000000 b~ oooo 000 0000 000 0000 I~ ~ o o°o ~oooooo ,~ 000 0000 000 0000 000 0000 io~ o o o ~~ 0 0 O0 0000000 -2143- 0 o~ ~? ~1 ~o oo~ OlOOOO~ ~ -2144- 0 (30 0 CO 0~0~ 000~ 00 m m 0 -2145- {3' ~ t-- ~ -.,i o~ ~_. Z ;;13 --,1 m t- -2146- hree Rivers PARK DISTRICT Administrative Center 3000 Xenium Lane · Plymouth, MN 5544172610 Telephone 763/559-9000 ' TDD 763/559-6719, Fax 763/559-3287 www.threeriversparkdistrict.org · an equal opportunity employer July 2, 2004 Ms. Kandis M. Hanson City of Mound 5341 Maywood Rd MoundMN 55364 Dear Ms. Hanson: It is with great pleasure that I write to you today to. share the results of a recent community-needs assessment conducted by Decision Resources Limited of Minneapolis on behalf of the Park Digtrict. In this random survey of residents of Suburban Hennepin and Scott counties, Three Rivers Park District received the highest customer-satisfaction rating for a public agency in the Twin Cities area that Decision Resources has assessed. The public's appreciation for the Park District's efforts is absolutely phenomenal: 97 percent of survey respondents gave the P~rk District a positive rating for its design and layout of parks and facilities and 96 percent gave the Park District high ratings for its upkeep and maintenance. Of those reporting an opinion, 92 percent gave the Park District high ratings for customer' service. .The Park District also scored very high on public safety, with 97 percent of survey participants reporting that they felt the parks were safe. Respondents expressed overwhelming _support for the Park District's misgion of preserving open spaces and providing places for recreation. They also expressed a finn belief that opportunities for outdoor recreation are essential to maintaining the .quality of life in this area., The results of this survey clearly are a, reflection of the hard work and dedication that occurs at all levels of government to ensure this quality park system and indicates the bi'oad community support for the Park District and its mission. On behalf of the Board of Commissioners, I would like to thank you for your commitment to Three Rivers Park District. You can be assured that your efforts have contributed to a fine system of parks that will be enjoyed ar~,d treasured by generations.to come. Enclosed you will find a copy of a news release that is being distributed to local media. Sincerely, C~air, Board of Commissioners Three Rivers Park D/strict Promoting environmental stewardship through ,ec,-~t~,,~,,,i education ina natural resoUrces-based park system THREE RIVERS PARK DISTRICT EARNS EXTREMELY HIGH RATINGS IN COMMUNITY SURVEY June 30, 2004 Three P,./vers Park District earned exceptionally high ratings in a recent survey conducted by Decision Resources Limited of Minneapolis. According to Decision Resources President Bill Morris, the Park District scored well above average on name recognition, customer-service satisfaction and public-safety ratings during a random telephone survey of 800 Hermepin and Scott County residents. Morris presented his findings to the Three Rivers Park District Board of Commissioners. "The Park District obtained ratings among the highest across the metro area," said Morris, whose company has conducted 130 similar surveys of Midwest public organizations during the past five years. "Overall the Park District is extraordinarily well thought of by the residents of the two counties, the awareness level is extremely high, the favorable rating is enviable and the number &boosters who can think about nothing they dislike about the Park District is the highest we have found anywhere. This indicates a remarkable degree of success. Residents are very pleased with the way things are, they are absolutely pleased with the direction things are going and they are confident in general about the future in terms of maintaining a top-notch Park District." Commissioner Mark Haggerty was overjOyed at Decision Resources' findings. "This is the most incredible praise of our staff and organization that I can imagine," Haggerty said. Board Chairman James Deane shared Haggerty's sentiments. "The survey results are indicative of the dedication of our staff and volunteers to provide a fn'st-class system of parks," Deane said. "The results reiterate something we have always known about our residents - they place a high value on parks and recreation. It is clear that the investments the Park District has made along with federal, state, regional, county and local agencies of government to building relationships, building regional parks and trails, and to securing grants and other resources has been time well spent." During the survey, which had a margin of error of plus or minus 3.5 percent, participants were asked a variety of questions about their use of parks and interest in outdoor recreational activities and programs. Demographic data also was collected.. Ninety-four percent of survey participants said they were aware of Three Rivers Park District or knew the Park District by its former name, Hennepin Parks, Morris noted. Sixty-two percent said they had visited a Park D/strict park or facility. When asked where they lo°k for information about the Park District, 33 percent of respondents said they use the interact (the norm is i0 percent internet usage for public agencies) and 32 percent said they use Park District brochures. Local newspapers and telephone calls or visits to parks were other popular information sources. Those who had visited the parks gave Park District staff extremely high ratings for design, maintenance, programs and customer service, Morris said. Ninety-seven percent of survey respondents gave the Park District a positive rating for its design and layout of parks and facilities, and an "off-the-charts" 96 percent gave the Park District high ratings for its upkeep and maintenance. Of those reporting an opinion, 92 percent gave the Park District high ratings for employee customer service. A 70 percent customer-approval rating is typical for public agencies. The Park District also scored very high on public safety, with 97 percent of survey participants reporting that they felt the parks were very or somewhat safe. When asked what they liked best about the parks, a majority of residents said they liked the parks' locations and trails. When asked what they liked least about the parks, 63 percent said they could not think of anything they disliked; 7 percent indicated that they thought fees were too high. "Sixty-three percent is the highest rating we have found anywhere in terms of the folks who have absolutely nothing to complain about the Park District," Moms said. -2148- Survey Results - page 2 Survey participants expressed an overwhelming agreement with the Park District's dual mission to preserve open spaces and provide, places for recreation. A majority of the respondents, 71 percent, said they felt the primary goal of the Park District is /~'%-)fold: to preserve open spaces and habitats and to provide places for recreation. When asked how the Park District should manage increasing costs, 55 percent of respondents opted for raising user fees, 13 percent opted for raising property taxes and only 6 percent opted for cutting services. Twenty-seven percent did not know or declined to respond. Survey respondents indicated a strong interest in outdoor recreational activities, with 91 percent giving such activities a moderate or high priority compared to other free-time interests. Sixty-one percent reported that parks are the place where they most frequently recreate outdoors. Their most frequently participated-in recreational activities included walking, hiking, running and biking. Most participants, 78 percent, indicated that they prefer to participate in recreational activities on their own and at their own pace. Five percent opted for organized activities. Only 7 percent reported no outdoor recreational pursuits. One in five participants said that they or members of their household do not get enough regular physical activity, indicating a possible growth area for the Park District. Ninety-eight percent of respondents agreed that offering outdoor recreational activities is important in preserving the quality of life in this area and 96 percent of respondents agreed that offering exercise and fitness oppommities is important in preserving the quality of life. Reasons cited for not using the parks more often included lack of time, lack of information, disinterest or distance, Moms said. Program services ~elivered by the Park District are mission-based and focus on education and recreation for school and youth organizations as well as general public programs, explained Jon Nauman, Park District research and evaluation manager. While 61,000 children participate in Park District programs annually through schools and youth organizations, the Park District would like to increase the number of individuals attending general public programs. · .2erintendent Douglas Bryant assured Commissioners that the survey results would be used by staff to guide future recommendations to the Board. "We will take what we have learned from the survey and we will do our best to improve our facilities and offerings to meet the ever-changing needs of our residents," Bryant said. "We already have held three focus groups to gain a better understanding of the survey's nuances and we are akeady implementing increased public awareness initiatives." Background Information About Three Rivers Park District Three Rivers Park District is a natural resources-based park system located in the suburban Twin Cities area that manages more than 27,000 acres of park reserves, regional parks, regional trails and special-use facilities. The Park District offers facilities for every season, including picnicking, swimming, creative play, boating, fishing, downhill skiing, snowboarding, golf, camping and sledding; extensive trails for hiking, biking, in-line skating, horseback riding, cross- country skiing and snowshoeing, as well as program sites for nature, recreation, historic and farm education. Annually, the Park District serves more than 4 million park visitors. The mission of Three Rivers Park District is to promote environmental stewardship through recreation and education in a natural resources-based park system. MFD Fire Commission Meeting Wednesday, June 23, 2004 11:00 a.m. to 1:00 p.m. 1. Emergency Preparedness Update a. Staffing (38 + 1) b. Training c. Apparatus / Equipment d. Specialized Equipment e. Personnel Testing f. Equipment Testing Emergency Fire Rescue Call Activity a. YTD Call Summary and Comparison b. Call Activity and Trends c. Major Incidents 2004 - Summary Organizational Structure Change Proposal a. Retirements 2004 i. Tim Williams - 20 years ii. Mike Palm - 25 years b. Additional Staffing i. 5 New Firefighters 5/10104 c. Reorganization Plan Miscellaneous Hot Topics a. Refurbish Unit #18 Pumper b. Disposition of Unit #11 Pumper c. WAFTA Site Clean Up Funding d. Minnetrista Fire Protection- Station Project e. FEMA Grant Request f. Homeland Security- NIMS g. Mound Public Works Firefighters o Facility Issues a. Completion Percentage b. Outstanding Issues c. Finance and Budget 2005 a. b. C. Mound Fire Budget Budget - Due July 9, 2~)04 Budget Review Meeting - July 28, 2004 Final Budget - August 6, 2004 7, Adjourn _. -2150- Fire Commission Meeting Emergency Preparedness Update · Staffing (38 + 1) · Training · Apparatus / Equipment · Specialized Equipment · Personnel Testing · Equipment Testing J Public Safet, J Public Safety Fadlity J Mound Engine Unit #29 [ Mound Ladder Unit #17 -2151 - Mound Rescue Unit #19 [ Mound Boat Unit #28 Mound Boat Unit #27 [ Hazardous Materials Trailer [ Hazardous Materials Trailer Personnel Testing · Mask Fit Testing · NFPA Health A~se~ment · Physical Agility Test · EMT / First Re,ponder Refresher · Bloodborne Pathogen · SCBA Refresher 2 -215 - Equipment Testing · Weekly Maintenance · Hose Testing · Pump Testing · Ladder Truck & Ladders · SCBA Breathing Air J Emergency Fire Rescue Call Activity · YTD Call Summary and Comparison · Call Activity and Trends · Major Incidents 2004 - Summary Fire & Rescue Call Comparison Ohm June) 2001 2002 Fire 173 Fire 141 , Rescue 113 Rescue 139 2OO3 2004 Fire 129 Fire 128 Rescue 126 Rescue 89 Mound Call Activities and Trends Crh~u June) 2001 2002 2003 2004 Fire 84 60 68 67 Rescue 78 77 65 56 Total 162 137 133 123 Minnetrista Call Activities and Trends (Thru June) 2001 2002 2003 2004 Fire 29 26 21 35 Rescue 18 22 21 20 To~al 47 48 42 E6 Spring Park Call Activities and Trends (Fhru June) 2001 2002 20O3 2O04 Fire 15 10 8 11 Rescue 3 15 19 6 Total 18 2E 27 17 -2153- ~- I Nfmnetonka Beach Call Activities and Trends ('liana June) 2~01 2O02 2003 2004 Fire 12 9 6 8 Re~cue 2 1 2 3 Total 14 10 8 11 { Shorewood Call Activities and Trends 2~01 2002 2003 2004 Fire 1 0 3 3 Rescue 1 4 1 4 Total 2 4 4 7 Organizational Structure Change Proposal · R~rements 2004 = "rlm WIIll~,rr~ - 20 years ~ Mike P~lm - 25 years · Additional Staffing = 5 New Fireflghtem 5110/04 · Reorganization Plan New Firefighters I MFD Organizational Chart I MFD Organizational Chart 4 -2154- [MFD Organizational Chart - Draft Miscellaneous Hot Topics · Refurbish Unit #18 Pumper · Disposition of Unit #11 Pumper · WAFTA Site Clean Up Funding · Minnetrista Fire Protection - Sta~on Project · FEMA Grant Request · Homeland Security- NIMS · Mound Public Works Fireflghters [Mound Engine Unit # 18 [Mound Engine Unit #11 [ Minnesota Incident Management System Model 2004 FEMA Fire Grant Request · MSA Evolution 5000 TIC Thermal Imaging Camera = $12,300 · Rae MulitRae Plus Gas Detector and PID = $4,135 · Bauer Fill Station Model CFS3S = $9,326 Total Budget/Request = $23,185 5 -2155- [Public Safety Facility {Public Safety Facility Public Safety Facility [Facility Issues · Comple~on Pementage · Outstanding Issues · Finance and Budget · Current Balance $324,344.27 2005 Mound Fire Budget · Budget - Due July 9, 2004 · Budget Review Meeting - July 28, 2004 · Final Budget - August 6, 2004 · Fish Fry Adjourn 6 -2156- NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) May 10-11, 2004 0800-1700 Maple Grove Government Center Emergency Operations Center May 12-13, 2004 0800-1700 ~-'1 ~ ~--~o Maple Grove Government Center Emergency Operations Center Homeland Security Presidential Directive/HSPD-5, promulgated by President Bush provides that ALL Federal departments and agencies will use the National Incident Management System (NIMS) in their domestic incident managem.ent and emergency prevention, preparedness, response, recover~, and mitigation activitiesl as well as those actions taken in support of State or local entities. The President further directed that be.qinnin~ October 1~ 2004, States or local entities must have adopted the NIMS as a requirement for receivin~ Federal preparedness assistance throuqh .qrants, contracts, or other activities. On September 30, 2003, the Secretary of Homeland Security Tom Ridge issued the INITIAL NATIONAL RESPONSE PLAN which acts to further implement the NIMS by directing that existing federal plans continue , in effect until the Secretary can develop a national system of standards, guidelines, and protocols to implement the NIMS as ordered by the President. This course outlines the current status of the NIMS and its core set of concepts, principles, terminology, and technologies covering its seven components enumerated in HSPD-5: (1) The incident command system; (2) Multi-agency coordination systems; (3) Unified command; (4) Training; (5) Identification and management of resources (including systems for classifying types of resources); (6) Qualifications and certification; (7) The collection, tracking, and reporting of indident information and incident resources. The course further illustrates the functioning of the incident command system in several practical exercises involving chemical releases. HSPD-5 INITIAL NATIONAL RESPONSE P:LAN · Policy & purpose · Interim guidance · Cooperation with Homeland Defense Secretary · Purpose · Attorney General lead responsibility · Modifying plans to comply with HSPD-5 · Tasking Federal departments & agencies · Single all-discipline, all-hazards plan · Homeland Defense Secretary to develop NIMS · Homeland Secretary principal federal officer · State or local entity NIMS adoption · Principal Federal Official at incident scene -2157- INCIDENT COMMAND SYSTEM UNIFIED COMMAND · Continuation of existing systems · Mandatory component of the NIMS · Principal Federal Official at Emergency Operations Center · FBI lead federal crime scene agency. · Supporting state, tribal, coUnty, or local officials · Each participating agency representation · FBI's projected role in the system & on-scene · Employing new information & technology · Integrating federal .assets with the local system · Consultation with state & local governments LAWS & NATIONAL STANDARDS & PUBLICATIONS PRACT, ICAL EXERCISES · OSHA 1910.120 Haz Mat Response · Utilizing Defense Protective Service matrix · OSHA 1910.134 Respiratory Protection · Downwind protective action'distance plot . DOT Emergency Response Guidebook · NIOSH Pocket Guide utilization This seminar is for all public officials who.are'required to understand and impiement the National Incident Management System, whe{'her at a federal, state, tribal, county,' or.local level. The session covers the most current updates on the evolving NIMS. Personnel from the fire service, law enforcement, military, and federal, state, tribal, county or local emergency management will benefit. You will receive: 1. Copies of Homeland Security Presidential Directive/HSPD-5 and the INITIAL NATIONAL RESPONSE PLAN. 2. A CD-ROM that contains PDF format files of the Federal Response Plan; Material Safety Data for all of the common military chemical agents; Medical Management of Biological' Casualties, U.S. Army Medical Research Institute of Infectious Diseases(USAMRllD) Handbook for all of the common military biological agents; and dozens of other federal and Department of Defense publications and manuals cont:erning chemical, biological and radiological threats. 3. The federal government's most distributed hazardous materials guidance, U.S. DOT's Emergency Response Guidebook (ERG). 4. The widely utilized NIOSH book, Pocket Guide to Chemical Hazards. 5. Current federal directives and guidance involving the National Incident Management System. 6. A comprehensive 6-page listing of Anti-Terrorism and National Incident Management Systems Websites. PLEASE CALL ELAINE ANDERSON, HENNEPIN COUNTY, AT 763-745-7625 TO REGISTER FOR CLASSES -2158- Mound Fire Department Hires Five New Firefighters Press Release Mound Volunteer Fire Department Announcement Mound, MN - June 22, 2004 - Mound Fire Department has added five volunteer firefighters to its staff effective May 10, 2004. The Mound Fire Department recently increased the volunteer staff after interviewing numerous excellent firefighter candidates. The new recruits were given a complete physical examination, were process through the department criminal background checks, and were required to successfully complete the department physical agility skills test. The newly hired firefighter trainees were selected from an application pool that includes a firefighter applicant waiting list. The firefighter recruits are all Mound or Minnetrista residents. The five new firefighters are: Mark Lee, Mike Foley, Joshua Clemons, Paul Jolicoeur, and Jerry Ricke. The Mound Fire Department was established in 1923 and has had a long and successful history of recruiting and retaining volunteer firefighters. The hiring of the five new firefighters, coupled with the recent retirement of two firefighters with 45 years experience, creates a staffof40. This staff includes 38 volunteers, a full time fire chief, and an administrative assistant. This increased volunteer staff is critical to maintaining the department's excellent service quality performance as the public's calls for fire department services continue to increase. This increased staff of firefighters will allow Mound Fire to provide the best possible service to the five service area cities and their residents. -2159- _. 2415 Wilshire Blvd. Mound, Minnesota 55364 MOUND FIRE DEPARTMENT Seniority List START NAME DATE EQUIP. # 1 GREG PEDERSON 2/3/1975 18 2 JEFF ANDERSEN 9/22/1980 31 Over 20 years 3 RICK WILLIAMS 11/7/1983 22 4 GREG PALM 2/6/1984 15 5 RON STALLMAN 1/5/1987 21 6 KEVI N G RADY 6/6/1988 10 7 PAUL HENRY 5/1/1989 38 15 - 20 years 8 TIM PALM 5/1/1989 17 9 KEVIN SIPPRELL 3/5/199o 20 lO DAN GRADY 12/3/1990 9 11 EDDIE VAN EC EK 11/4/1991 34 12 DENNIS WOYTCKE 3/2/1992 24 13 PAUL BABB 9/13/1993 28 10 - 15 years 14 CHRIS POUNDER 9/13/1993 36 15 BOB C RAWF O RD 3/21/1994 6 16 JASON MAAS 5/2/1994 32 17 JOHN LARSON 3/6/1995 5 18 RICH ROGERS lO/16/1995 19 19 ROGER KRYCK 12/4/1995 27 2o BRUCE G U STAFSON 2/5/1996 11 21 MATT HENTGES 5/6/1996 14 5 - lO years 22 MATT JAKUBIK 11/17/1997 37 23 PAT HAN L EY 5/4/1998 12 24 TONY MYERS 5/4/1998 33 25 DARREN POIKONEN 12/19/1998 30 26 KEVIN FLAIG 4/19/1999 7 27 BRIAN BERENT 4/24/2000 1 28 SCOTT ALDEN 4/24/2000 26 29 KRIS FORSMAN 4/24/2000 25 3O ROD STEVENS 10/14/2000 8 31 RICHARD TODD lO/14/2ooo 29 Under 5 years 32 STEVEN HENKELS 9/10/2001 2 33 JIM CASEY 11/4/2002 4 34 MIKE MCCARVILLE 1/6/2003 35 35 JOSH CLEMONS 5/10/2004 23 36 MIKE FOLEY 5/lO/2O04 13 37 PAUL JOLICOEUR 5/lO/2004 39 38 MARK LEE 5/lO/2OO4 4o 39 JEROLD RICKE 5/lO/2O04 41 MFD Active List.xls -2160- 2415 Wilshire Blvd. Mound, Minnesota 55364 Fire Officers & Companies 2004 Fire Chief ~reg Pederson Assistant Chief ,Tell Andersen Fire Marshal Training Officer Matt ~Takubik Engine Co. 1 Capt. 15 Lt. 12 ban Grady bennis Woytcke Ran 5tallman Kevin Grady Paul Hen~/ Bob Crawford Rich Rogers ~Tim Casey Scot Alden Rescue Co. 1 Engine Co. 2 Capt. 12 Lt. 15 Rick Williams Matt Hentges Tony Myers Ed Vanecek ,Tohn Larson Roger Kryck Pat Hanley Paul Babb Kevin Flaig Ladder Co. 1 Capt. 14 Lt. 11 Kevin 5ipprell Tim Palm Brian Berent ,Taso n Maas Bruce Gustafson Matt ,Takubik Darren Poikonen Kevin Flaig Kris Forsman Steve Henkels Capt. 11 Lt. 14 Greg Palm Chris Pounder Rod Stevens Richard Todd Mike McCarville ~Tosh Clemons Mike Foley Paul ~Tolicoeur Mark Lee 3'erry Ricke -2161 -