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2004-09-28PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA *Con~ent Agendai~ Ite~ listedhnde~, the Consent Agenda are considerkd ?6uling-ih h6?,tbd'~hd will 5~ ~hact~d by ~ single boll ~ai/ 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. ~ 1. Call meeting to order 2. Pledge of Allegiance o Approve agenda, with any amendments Action proclaiming "Oct 3-9/Homecoming Week as Mound Students Week," with M ' · ayor s presentation to members of the student body · Consent Agenda · A. Approve minutes: Sept 15, 2004 regular meeting · B. Approve payment of claims *C. *D. *E. Adopt resolution to approve a public lands permit for Denise Bader, 6116 Evergreen Road Set Special Meetine~ 1. Interview candidates for Park and Open Space Commission and LMCD representative: Nov 8, 7:30 p.m. Workshop for Key Financial Strategies with Ehler's & Associates: Nov 16, 6:30 p.m. Approve ordinance regulating certain activities at the Lost Lake Greenway and pier 2762 2763-2767 2768-2788 2789-2790 2791 *F. *G. *H. Approve resolution appointing additional election judges as recommended for the General Election on Nov 2, 2004 Approve the summary of terms of Labor Agreement between the City of Mound and Law Enforcement Services, Inc (LELS) - Local No. 35: Police Supervisors, as determined by arbitration Action amending fee schedule: $20 non-refundable processing fee for dock applications 2792 2793 2794-2797 *I. Approve Planning Commission Recommendations 1. Case #04-32 & 33: Suncrest Builders, LLC 3000 Highland Boulevard Waiver of platting and variance 2798-2803 I 1.. ~., PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 2. Case #04-30: James Reuper/Susan Eskedahl 4815 Island View Drive Variance 2804-2812 3. Case #04-29: George Linkert 2813-2825 5017 Avon Drive Variance 6. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) 7. Public Hearings A. Case #04-26: Super America 5337 Shoreline Drive 2826-2850 Action on resolution B. Case #04-24: City Well House 6139 Evergreen Road Action on resolution 2851-2869 2004 Street Reconstruction Project A. Approve resolution declaring cost to be assessed, and ordering preparation of proposed assessment on 2004 street reconstruction project 2870-2881 Approve resolution for hearing on proposed assessment for 2004 street reconstruction project: Oct 26 Action on resolution authorizing the execution of the Cooperative Agreement with Metropolitan Council Environmental Services for the relocation of the L25 lift station 2882~2894 10. 11. Update on nuisance abatement at 2712 Tyrone Lane, with any necessary action Miscellaneous/Correspondence A. Report: B. Correspondence: C. Newsletter: D. Calendar: E. Minutes: F. Resignation: 12. Adjourn Finance Dept - Aug 2004 Liquor Store - Sept 2004 Hennepin County Appraising LMCD Westonka Healthy Community Collaborative Metropolitan Council on housing Gillespie Center Lake Minnetonka Communications Commission Excerpt from DCAC - Sept 16, 2004 Christopher Pounder- Public Works 2895 2896-2898 2899 2900-2904 2905~2923 2924-2927 2928-2933 2934 2935-2936 2937-2938 2939 iThis is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current agendas may be viewed at City Hall or at the City of Mound web site: w~4qv, citvofmound, corn meeting COUNCIL BRIEFING September 28, 2004 Upcoming Events Schedule: Don't Forget!! Sept 28 - 7:00 - HRA regular meeting Sept 28 - 7:30 - CC regular meeting Sept 30 - 7:00 - Open house by Mound Harbor Renaissance - Gillespie Center Oct 7 - 6:30 - Greenway ribbon cutting Oct 8 - Homecoming Parade Oct 9 - 8-3:00 - Recycling Day Oct 31 - Daylight Savings Time ends Nov 2 - General Election Nov 4 - 6:00 - 9:30 - Exclusive Wine Tasting Event - Burl Oaks Nov 8 - 7:30 - Interviews for Parks Commissioner and rep to LMCD Nov 9 - 2:00-4:00 - Flu Shots - City Hall Nov 18 - 7:00 - Tree Lighting Ceremony Dec 6 - 7:00 - Truth in Taxation hearing Dec 13 - 7:00 - Truth in Taxation hearing continuation, if needed Jan 12 - 7:30 - CC annual meeting & swearing-in ,Upcoming Absences Oct 11 Kandis Hanson LMC Conference Oct 15-20 Kandis Hanson ICMA Conference Offices Closed Nov 11 Veteran's Day Nov 25-26 Thanksgiving Dec 23 (1/2 day) Christmas Dec 24 Christmas Dec 30 (1/2 day) New Years Dec 31 New Years Commissioner Vacancies Upon inquiring with the commissioners of parks, docks and planning commission, only Norm Domholt declined to serve another term. Also, Orv Burma has declined to do another term as rep to the LMCD. Therefore, I am advertising over the next few weeks for applicants for those two positions. Interviews will be Nov 8, starting at 7:30 p.m. Please mark your calendars. Key Financial Strategies In keeping with our long-range capital planning, Jim Prosser and Dave Callister of Ehlers & Assoc have requested a second meeting with the council on Nov 16, 7:30 p.m. Assuming that is approved among the consent agenda items, please add that to your calendar. Thank you. LMC Conference I had not planned to attend the LMC Conference this year, since it falls a week before the start of the IMCA Conf. However, I have been invited to speak at the conference - a case study of a redeveloping city. I will be Oct 11 to make that presentation. Police Patrol Arbitration The Police Patrol arbitration has been scheduled for Nov 15. The outcome will not be available until after the first of the year. Public Works With thc resignation of Chris Pounder, we are short one person in the Public Works Department. A decision not been made about filling that vacancy. More to come. Technician to Public Works and Community Developmen~ Staff is studying the job descriptions of other cities as we prepare to create a job description for the technician preliminarily approved to assist in the PW and CD Departments, in the 2005 budget. Ha~e a l~ea, t w~ .... e.~oy theff.,.~t w~ of ~t. PROCLAMATION WHEREAS, Westonka Schools will celebrate their Homecoming Week on October 3 through 9, 2004; and WHEREAS, it is the desire of the Mound City Council to recognize the Westonka area students' achievements in academics, athletics and the arts; NOW, THEREFORE I DO HEREBY PROCLAIM October 3-9, 2004, as Westonka Students' Week and urge all citizens to join me in saluting our students and encourage the community to show their support through attendance at not only the Homecoming activities, but all student activities and events. Proclaimed this 28th day of September, 2004. Mayor Pat Meisel -2762- MOUND CITY COUNCIL MINUTES SEPTEMBER '15, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 15, 2004, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Police Chief Jim Kurtz, Police Sergeant Ken Beck, Finance Director Gino Businaro, Tom Stokes, Peter Pflaum, Jeremy Pflaum, Chuck Alcon, Mike Spect, Don Swenson, Jane Carlsen, Cheryl Martin, Peter Johnson, John Beise, Carolyn Krall, Dave Newman, John Schulties, David Graham. 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 Mayor Meisel called the meeting to order at 7:30 p.m. 2. Paint Ball Presentation The Council proceeded to the garage below the Council Chambers for a paint ball demonstration by Sgt. Ken Beck. City ordinance prohibits discharging a paint ball gun within the city limits and councilmembers have received calls regarding the reason for this. This demonstration was to show the impact that these paint ball guns can have on personal property and how they can cause personal injury. 3. Reconvene Meetinq and Pledqe of Alleqiance 4. Approve Agenda Hanus requested the removal of 5C from the consent agenda. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 5. Consent Aqenda MOTION by Hanus, seconded by Brown to approve the consent agenda, with the exception of 5C. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of August 24, 2004 and September 8, 2004 meetings. 1 -2763- Mound City Council Minutes- September 15, 2004 B. Approve payment of claims in the amount of $632,626.26. C. (removed) D. 1. RESOLUTION NO. 04-100: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR WALTER KRAKE, JOHN RYAN AND NElL SPRAGUE OF 4937, 4925 AND 4931 ISLAND VIEW DRIVE, RESPECTIVELY. 2. RESOLUTION NO. 04-101: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR DONALD AND GERALDINE SWENSON, 4857 ISLAND VIEW DRIVE E. RESOLUTION NO. 04-102: RESOLUTION TO APPROVE A FRONT SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 1808 RESTHAVEN LANE. P&Z CASE #04-23, PID #13-117-24- 14-14-0010. F. Langdon Trails Development 1. Approve releasing $23,845.00, leaving balance of $3,749.00 in the letter of credit for Langdon Trails. 2. RESOLUTION NO. 04-103: RESOLUTION TO FORMALLY ACCEPT THE PUBLIC STREETS AND UTILITIES OF LANGDON TRAILS G. Payment Requests for Proiects a. Approve Environmental Associates Payment Request No. 9 for $127,401.65 for the Lost Lake Greenway Project b. Approve Valley Paving Payment Request No. 4 for $214,840.72 for the 2004 Street Reconstruction Project c. Approve Doboszenskii & Sons Final Payment Request for $6,314.46 for the Mound Visions 2® Addition. H. Approve Tree Removal Licenses for Ryan's Tree Care and Duicks TLC. 5C. Adopt Resolution Dele.qatin.q Authority to Pay Claims to the City Manaqer and Finance Director/Treasurer Hanus requested an addition to the proposed resolution, being that disbursements made to incorrect codes will be corrected and report of such correction will be presented to the Council at the next meeting. This will be added to #4 in the exhibit to the proposed resolution. MOTION by Hanus, seconded by Brown to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 04-104: RESOLUTION DELEGATING AUTHORITY TO PAY CLAIMS TO THE CITY MANAGER AND FINANCE DIRECTOR/TREASURER. 6. Comments & suq.qestions from citizens present on any item not on the aqenda Peter Meyer stepped down from his seat on the Council to address as a citizen regarding funding of the Gillespie Center. He requested that the Gillespie Center be made a line item on the City Budget, with a monthly appropriation beginning with the 2005. Meisel stated that feedback from the Gillespie Center indicates that this is not 2 -2764- Mound City Council Minutes - September 15, 2004 what they want. They receive donations from private donors and do fundraisers. Hanus stated that before considering such a thing, the community should be asked for input to see if they endorse large amounts of tax dollars being given away to private groups. No action taken. 7. Public Hearinqs Abatement of Code Violation at 2712 Tyrone Lane Smith informed the Council that the property located at 2712 Tyrone Lane was issued a building permit to reconstruct a detached garage which burned in 2003. The project has not been completed and currently has no roof and no door and is therefore open and accessible. Based upon review by the CSO the condition of the structure is in violation of the nuisance ordinance. Smith just recently spoke to the contractor who informed her that the truss setting was scheduled for today, but was rain delayed. She suggests remanding this matter back to staff to allow members of her team to get a schedule that can be followed to get the project completed. Mayor Meisel opened the public hearing at 8:20 p.m., and no public comment was offered. Dean suggested to the Council to defer this matter for 2 weeks and direct staff to bring back an abatement resolution that takes into consideration the material presented this evening, plus any activity that occurs between now and 2 weeks. In 2 weeks an abatement resolution could be presented which would include, if necessary, steps needed to take to resolve the problem, and also what the city's action will be if those steps are not taken. Meisel closed the hearing at 8:25 p.m. MOTION by Osmek, seconded by Brown to direct staff to prepare an abatement resolution as suggested by City Attorney Dean above. All voted in favor. Motion carried. Budgets and Levies A. MOTION by Brown, seconded by Osmek to adopt the following resolution. Meyer stated he is disappointed with this budget in that it doesn't include any appropriations for lifeguards, that the appropriation for the skate park should be higher, and that playground equipment should be budgeted for and not taken out of park dedication funds. Meisel asked why Meyer wasn't at the budget workshop so that those concerns could be considered earlier. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 3 -2765- Mound City Cour~cil Minutes - September t5, 2004 RESOLUTION NO. 04-105: RESOLUTION APPROVING THE 2005 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $4,417.300; SETTING THE PRELIMINARY LEVY AT $3,776.120; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2005. MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-106: RESOLUTION APPROVING A LEVY NOT TO EXCEED $'145,630 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2005. Mound Harbor Renaissance Development, LLC A. Case #04-31: Sketch Plan: Lost Lake, Auditors Road and Lake Lanqdon Districts Mayor Meisel turned the meeting over to Acting Mayor Hanus at this point because of a possible perceived conflict of interest as the Mayor owns property within the redevelopment area. Members of Mound Harbor Renaissance Development, LLC presented a power point presentation sketch plan to the Council which included Lost Lake, Auditors Road and Lake Langdon Districts. No action taken. Bo MOTION by Hanus, seconded by Brown to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 08-2004: AN ORDINANCE AMENDING SUBSECTION 800.05 OF THE MOUND CITY CODE AS IT RELATES TO INTOXICATING LIQUOR LICENSES. Mayor Meisel returned to preside over the balance of the meeting. 10. Discussion on Alcohol Licenses on Charter Boats, as requested by LMCD A request has been received from the LMCD, asking for the city's comments on the matter of increasing the number of on-sale intoxicating liquor licenses for charter boats. It is the Council's consensus to send a letter to the LMCD expressing their support to increase the number of on-sale intoxicating liquor licenses available so that it meets the current number of charter boats. 4 -2766- Mound City Council Minutes - September 15, 2004 11. Miscellaneous/Correspondence A. Report: Liquor Store - August 2004 B. Announcement: H arbor Wine & Spirits Gala Wine Tasting Benefit C. Correspondence:Mound Westonka Schools D. Newsletter: Metropolitan Council Gillespie Center E. Calendar: LMCC 12. Adjourn MOTION by Brown, seconded by Osmek to adjourn at 9:17 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5 -2767- SEPTEMBER 28, 2004 CiTY COUNCIL MEETING 090804SUE $6,577.26 SEPT 091504SU E $26,169.30SEPT $260.74 091804SUE SEPT 0928904SU E$176,372.47SEPT PRIMARY $3,048.75 SEPT TOTAL $212,428.52 -2768- ~j____~_..... City of Mound 09/10/04 2:47 PM // ~ % Page 1 __/~ ~ Payments CiTY OF MOUND Batch Name 090804SUE Payments Current Period: September 2004 User Dollar Amt $6,577.26 Computer Dollar Amt $6,577.26 $0.00 In Balance Refer 90804 CENTERPOINT ENERGY (MINNEG Cash Payment E 101-42110-383 Gas Utilities 07-21-04 THRU 08-19-04 $41.05 invoice 090804 9/8/2004 Cash Payment E 222-42260-383 Gas Utilities 07-21-04 THRU 08-19-04 $61.56 Invoice 090804 9/8/2004 Transaction Date 9/1/2004 Wells Fargo 10100 Total $102,61 Refer 90804 FRONTIER/CITIZENS COMMUNICA Cash Payment E 496-46580-500 Capital Outlay FA OUTSIDE PHONE INSTALLATION $996.96 invoice 090804 9/8/2004 Transaction Date 9/1/2004 Wells Fargo 10100 Total $996.96 Refer 90804 NEXTEL COMMUN!CA TIONS (FIRE Cash Payment E 222-42260-321 Telephone & Cells 07-19-04 THRU 08-19-04 CELL PHONES $75.41 Invoice 090804 9/8/2004 Transaction Date 9/1/2004 Wells Fargo 10100 Total $75.41 Cash Payment G 101-21715 Flex Plan Medical 2004 MEDICAL REIMBURSEMENT $1,176,33 Invoice 090804 9/8/2004 Cash Payment G 101-21716 Flex Plan Dependents 2004 DEPENDENT REIMBURSEMENT $130.00 Invoice 090804 9/8/2004 Transaction Date 9/2/2004 Wells Fargo 10100 Total $1,306.33 Cash Payment E 222-42260-212 Motor Fuels THRU 08-26-04 GASOLINE CHARGES $277.48 Invoice 090804 9/8/2004 Transaction Date 9/1/2004 Wells Fargo 10100 Total $277.48 Refer 90804 SPEEDWAY SUPERAMERICA (POL Cash Payment E 101-42110-212 Motor Fuels THRU 08-26-04 GASOLINE CHARGES $1.828.96 Invoice 090804 9/8/2004 Transaction Date 9/1/2004 Wells Fargo 10100 Total $1,828.96 Refer 90804 VERIZON WIRELESS (P/W) Cash Payment E 101-43100-321 Telephone & Cells 08-10-04 CELL PHONES $185.88 Invoice 090804 9/8/2004 Cash Payment E 601-49400-321 Telephone & Cells 08-10-04 CELL PHONES $109,74 Invoice 090804 9/8/2004 Cash Payment E 602-49450-321 Telephone & Cells 08-10-04 CELL PHONES $103.68 Invoice 090804 9/8/2004 Cash Payment G 101-22816 Personal Cell Phone 08-10-04 CELL PHONES $353,12 Invoice 090804 9/8/2004 Transaction Date 9/7/2004 Wells Fargo 10100 Total $752.42 Refer 90804 XCEL ENERGY Cash Payment E 609-49750-381 Electric Utilities 08-04 #0895-951-498-238 $1.237,09 Invoice 090804 9/8/2004 Transaction Date 9/1/2004 , Wells Fargo 10100 Total $1,237.09 -- -2769- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound Payments 09/10/04 2:47 PM Page 2 Current Period: September 2004 10100 Wells Fargo $3,715.34 $414.45 $996.96 $109.74 $103.68 $1,237.09 $6,577.26 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $6,577.26 $6,577.26 -2770- City of Mound 09/15/04 2:48 PM Page 1 Payments CITY OF MOUND Current Period: September 2004 Batch Name 091504SUE User Dollar Amt $26,169.30 Payments Computer Dollar Amt $26,169.30 $0.00 In Balance Refer 91504 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-41910-321 Telephone & Cells 08-04 472-6066 $1,911.97 Invoice 091504 9/15/2004 Cash Payment E 101-42110-321 Telephone & Cells 08-04 472-6066 $796.66 I nvoice 091504 9/15/2004 Cash Payment E 222-42260-321 Telephone & Cells 08-04 472-6066 $477.99 Invoice 091504 9/15/2004 Transaction Date 9/15/2004 Wells Fargo 10100 Total $3,186.62 Refer 91504 MID AMERICA BUSINESS SYSTEM Cash Payment E 101-49999-430 Miscellaneous INK JET LABELS $784.14 invoice 38170 9/15/2004 Transaction'Date 9115/2004 Wells Fargo 10100 TOtal $784.14 Refer 91504 NEXTEL COMMUNICATIONS (POLl Cash Payment E 101-42110-321 Telephone & Cells 07-19-04 THRU 08-18-04 CELL PHONES $276.27 Invoice 091504 9/15/2004 Transaction Date 9/15/2004 Wells Fargo 10100 Total $276.27 Refer 91504 NICCUM, DANIEL Cash Payment G 101-21715 Flex Plan Medical 2004 MEDICAL REIMBURSEMENT $22.27 Invoice 091504 9/15/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $22.27 Refer 91504 RIDGEDALE ELECTRIC Cash Payment E 496-46580-500 Capital Outlay FA PARKING LOT LIGHTS Invoice 3686 9/15/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $17,190.00 Refer 91504 WALDRON, PAUL A. AND ASSOCIA Cash Payment E 101-42400-300 Professional Srvs 07-19-04 THRU 08~16-04 BLDG INSPECTIONS $4,630.00 Invoice 091504 9/15/2004 Cash Payment G 101-23012 4815 Islandview Dr #04-30 V 07-19-04 THRU 08-16-04 BLDG INSPECTIONS $40.00 Invoice 091504 9/15/2004 Cash Payment G 101-23010 5017 Avon Ddve, #04-29.Lin 07-19-04 THRU 08-16-04 BLDG INSPECTIONS $40.00 Invoice 091504 9/15/2004 Transaction Date 9/15/2004 Wells Fargo 10100 Total $4,710.00 $17,190.00 _ -2771 - CiTY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 496 HRA PUBLIC SAFETY BLDG City of Mound 09/~5/04 2:48 PV Page 2 Payments Current Period: September 2004 10100 Wells Fargo $8,501.31 $477.99 $17,190,00 $26,169.30 Pre-Wdtten Check Checks to be Generated by the Compute Total $0.00 $26,169.30 $26,169.30 _27=72- CITY OF MOUND Batch Name UBpostage09 Payments Refer 91520 MOUND POST OFFICE Cash Payment E 601-49400-322 Postage Invoice 09172004 Cash Payment E 602-49450-322 Postage Invoice 09172004 Transaction Date 9/17/2004 Fund Summary 601 WATER FUND 602 SEWER FUND City of Mound Payments Current Period: September 2004 User Dollar Amt $260.74 Computer Dollar Amt $260.74 $0.00 UTILITY BILLING-Sept. UTILITY BILLING-Sept. Wells Fargo 10100 Wells Fargo $130.37 $130.37 $260.74 In Balance 10100 09/17/04 10:55~,M Page 1 $130.37 $130.37 Total $260.74 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $26O.74 $260.74 _ -2773- CITY OF MOUND Batch Name 092804SUE Payments Refer 92804 3M COMPANY City, of Mound 09/23/04 2:05 PM Page 1 Payments Current Period: September 2004 User Dollar Amt $176,372.47 Computer Dollar Amt $176,372.47 $0.00 in Balance Cash Payment E 101.43100-226 Sign Repair Materials TRANSFER TAPE Invoice SS05539 ' ' 9/28/2004 Transaction Date 9/22/2004 Wells Fargo $201.86 10100 Total $201.86 Refer 92804 A-'I RENTAL OF LAKE MINNETONK Cash Payment G 101-22803 Police Reserves SiGN RENTAL $143.78 Invoice 15056 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $143.78 Refer 92804 AMCON Cash Payment E 496-46580-500 Capital Outlay FA 07-04 REIMBURSABLE EXPENSES $216.96 Invoice 073104-1 9128/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $216.96 Refer 92804 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $131.76 Invoice 385425505 9/2812004 ;ash Payment E 609-49750-255 Misc Merchandise For R ICE $126.33 376425809 9/2812004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $258.09 Refer 92804 ASSURED SECURITY Cash Payment E 101-42110-4~1,0 Miscellaneous ADJUST/LUBRICATE LOCKS $118.90 Invoice 34530 9/28/2004 Cash Payment E 101-41910-401 Repairs/Maint Buildings ADJUST/LUBRICATE LOCKS $125.98 Invoice 34530 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $244.88 Refer 92804 B & B SHEET METAL AND ROOFIN Cash Payment E 101.41910-401 Repairs/Maint Buildings REPAIRED HOLES IN CITYHALL $179.13 Invoice 12358 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $179.13 Refer 92804 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 30624400 9/28/2004 Cash Payment E 609.49750-255 Misc Merchandise For R MERCHANDISE Invoice 38913500 9/28/2004 Cash Payment E 609.49750-251 Liquor For Resale LIQUOR invoice 30633700 9/28/2004 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE invoice 38919900 9/28/2004 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE Invoice 38939500 9/28/2004 3sh Payment E 609.49750-251 Liquor For Resale LIQUOR 30643200 9/28/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 30692200 9/28/2004 $1,398.55 $174.04 $1,290,25 $62.10 $57.95 $1,562.05 $2,782.15 -2774- CITY OF MOUND City of Mound Payments 09/23/04 2:05 PM Page 2 Current Period: September 2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 30669600 9/28/2004 Transaction Date 9/13/2004 Wells Fargo Refer 92804 BRYAN ROCK PRODUCTS Cash Payment E 101-43100-224 Street Maint Materials 3/4 MINUS (CL2.) Invoice 14161 9/28/2004 Transaction Date 9/2212004 Wells Fargo -$15.05 10100 Total $7,312.04 $2,897.04 10100 Total $2,897.04 Refer 92804 BURKE, JAMI Cash Payment E 101-42110-404 Repairs/Maint Machinery REGISTER/TITLE TRANSFER $294.50 Invoice 092804 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Refer 92804 CARQUEST OF NAVARRE Cash Payment E 101-43100-221 Equipment Pads #24 FUEL FILTER $71.79 Invoice N39999 9/28/2004 PO 18595 Transaction Date 9/20/2004 Wells Fargo 10100 Total $71.79 Refer 92804 CEMSTONE CONCRETE SOLUTIO ~ ~ .... Cash Payment E 101-45200-232 Landscape Material HIGHLAND/GLENWOOD $382.40 Invoice 186452 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $382.40 Refer 92804 CENTERPOINT ENERGY (MINNEG Total $294.50 Cash Payment E 101-45200-383 Gas Utilities 07-22-04THRU 08-19-04#543-000-053-000 $31.10 Invoice 092804 9/28/2004 Cash Payment E 101-45200-383 Gas Utilities 07-22-04 THRU 08-19-04 #543-001-095-800 $42.38 Invoice 092804 9/28/2004 Cash Payment E 101-41910-383 Gas Utilities 07-22-04 THRU 08-19-04 #543-001-853-000 $46.33 Invoice 092804 9/28/2004 Cash Payment E 101-43100-383 Gas Utilities 07-22-04 THRU 08-19-04 #543-001-972-603 $27.62 Invoice 092804 9/28/2004 Cash Payment E 601-49400-383 Gas Utilities 07-22-04 THRU 08-19-04 #543-00%972-603 $15.70 Invoice 092804 9/28/2004 Cash Payment E 602-49450-383 Gas Utilities 07-22-04 THRU 08-19-04 #543-001-972-603 $19.46 Invoice 092804 9/28/2004 Cash Payment E 609-49750-383 Gas Utilities 07-22-04 THRU 08-19-04 #543-004-818-801 $18.11 Invoice 092804 9/28/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $200,70 Refer 92804 CHAMPION AUTO Cash Payment E 101-45200-220 Repair/Maint Supply - GLASS WIPES,PROTECTANT WIPES Invoice D280947 9/2812004 Cash Payment E 101-45200-409 Other Equipment Repair JET SKI BATTERY Invoice D280947 9/28/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Refer 92804 CHIEF OF POLICE, ASSOC HENNE Cash Payment E 101-42110-434 Conference & Training 09-01-04 METHODS OF DISCOVERY Invoice 5823 9/28/2004 PO 18440 Transaction Date 9/22/2004 $9.41 $81.99 Refer 92804 COCA COLA BOTTLING-MIDWEST Total $91.40 $75.00 Wells Fargo 10100 Total $75.00 -277_5- City of Mound 09/23/04 2:05 PM Page3 Payments CITY OF MOUND Current Period: September 2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $249.70 Invoice 83462116 9/28/2004 Transaction Date 9/20/2004 Welts Fargo 10100 Total $249.70 Refer 92804 COPY IMAGES, INCORPORATED Cash Payment E 101-41910~400 Repairs & Maint Contract 09-04 COPIER MAINTENANCE $340.80 Invoice 51635 9/28/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $340.80 Refer 92804 CORPRO COMPANIES, INCORPOR Cash Payment E 601-49400-440 Other Contractual Servic 06-01-04 THRU 05-31-05 $680.00 invoice SI070173 9/28/2004 PO 18294 Transaction Date 9/21/2004 Wells Fargo 10100 Total $680.00 Refer 92804 COVERALL CLEANING CONCEPTS Cash Payment E 101-41910-460 Janitorial Services STRIP/WAX RESTROOMS $185.38 invoice 89349 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $186.38 Refer 92804 CRIME PREVENTION MINNESOTA Cash Payment E 101-42110-434 Conference & Training 10-18-04 CONFERENCE KURTZ $75.00 Invoice 092804 9/28/2004 PO 18449 .~ash Payment E 101-42110-434 Conference & Training 10-18-04 CONFERENCE PETZ $145.00 lvoice 092804 9/28/2004 PO 18449 Transaction Date 9/22/2004 Wells Fargo 10100 Total $220.00 Refer 92804 DAY DISTRIBUTING COMPANY Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,064.35 Invoice 281207 9/28/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $69.90 Invoice 281208 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale BEER $1,088.15 Invoice 281207 9~28/2004 Cash Payment E 609-49750-253 Wine For Resale BEER $1,770.65 invoice 280338 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale BEER $43.75 invoice 280338 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $4,036.80 Refer 92804 EAGLE EYE ANIMAL DAMAGE CO Cash Payment E 401-46540-300 Professional Srvs Invoice 092804 9/28/2004 Transaction Date 9/20/2004 BEAVERS SNARES LIVE TRAP Wells Fargo 10100 $560.00 Total $560.00 Refer 92804 EAST SIDE BEVERAGE Cash Payment Invoice 224531 Cash Payment Invoice 45578 ;ash Payment 224628 'ansaction Date E 609-49750-252 Beer For Resale 9/28/2004 E 609-49750-252 Beer For Resale 9/28/2004 E 609-49750-252 Beer For Resale 9/28/2004 9/13/2004 BEER BEER BEER Wells Fa~o 10100 Total $1,006.25 $255.00 $1,511.45 $2,772.70 Refer 92804 EHLERS AND ASSOCIATES, INC. -2776- ~/~.~.~--~_._.~[~_ C itYPaymentsOf Mound 09/23/04 2:05pagePM4 CITY OF MOUND Cash Payment Invoice 22843 Cash Payment Invoice 22842-A Cash Payment Invoice 22842-B Cash Payment Invoice 22842-C Cash Payment Invoice 22692 Cash Payment Invoice 22693 Transaction Date Current Period: September 2004 G 101-22908 Mound Harbor Renaissance 08-04 MOUND HARBOR RENAISSANCE $195.35 9/28/2004 G 101-22908 Mound Harbor Renaissance 08-04 MOUND HARBOR RENAISSANCE $112_.50 9/28/2004 E 455-46386-300 Professional Srvs 08-04 TIF INSPECTION IDDUES $75.00 9/28/2004 E 455-46380-300 Professional Srvs 08-04 PROFESSIONAL SERVICES $150.00 9/28/2004 E 455-46380-300 Professional Srvs 07-04 PROJECT MANAGEMENT $712.50 9/28/2004 G 101-22908 Mound Harbor Renaissance 07-04 MOUND HARBOR RENAISSANCE $825.00 9/28/2004 9/20/2004 Wells Fargo 10100 Total $2.070.35 Refer 92804 ERICKSON ELLISON AND ASSOCI Cash Payment E 455-43104-300 Professional Srvs Invoice 0408067 9/28/2004 Transaction Date 9/21/2004 08-04 STREETSCAPE LIGHTING Wells Fargo 10100 $795.90 Total $795.90 Refer 92804 EXTREME BEVERAGE Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $96.00 Invoice 237436 9/28/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $96.00 Invoice 235683 9/28/2004 Transaction Date 9/20/2004 Wells Fargo 10100 Total $192.00 Refer 92804 FAMILYDIGEST Cash Payment E 609-49750-340 Advertising 12 MONTH AD $40.00 Invoice 092804 9/28/2004 Transaction Date 9/20/2004 Wells Fargo 10100 Total $40.00 Refer 92804 FLANAGAN SALES, INCORPORA T Cash Payment E 101-45200-221 Equipment Parts SPRING ASSEMBLY Invoice 11901 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 $209,65 Total $209,65 Refer 92804 FOURSOME BIG AND TALL CLOTH Cash Payment E 222-42260-210 Operating Supplies BLACK COAT Invoice 473453 9/28/2004 PO 18523 Transaction Date ' 9/21/2004 Wells Fargo $159.00 10100 Total $159~00 Refer 92804 G & K SERVICES Cash Payment Invoice 6227941 Cash Payment Invoice 6227941 Cash Payment Invoice 6227941 Cash Payment Invoice 6227941 Cash Payment Invoice 6227941 E 101-43100-218 Clothing and Uniforrn; 9/28/2004 E 601-49400-218 Clothing and Uniforms 9/28/2004 E 602-49450-218 Clothing and Uniforms 9/28/2004 E 101-43100-230 Shop Materials 9/28/2004 E 601-49400-230 Shop Materials 9/28/2004 09-07-04 UNIFORMS 09-07-04 UNIFORMS 09-07-04 UNIFORMS 09-07-04 MATS 09-07-04 MATS $31,39 $31.39 $31.40 $29.48 $29.48 -2777- CiTY OF MOUND Cash Payment Invoice 6227941 Cash Payment Invoice 6234430 Cash Payment Invoice 6234435 Cash Payment Invoice 6234433 Cash Payment Invoice 6234433 Cash Payment Invoice 6234433 Cash Payment Invoice 6234433 Cash Payment Invoice 6234433 Cash Payment Invoice 6234433 Transaction Date City of Mound 09/23/04 2:05 PM Page 5 Payments Current Period: September 2004 E 602-49450-230 Shop Materials 9/28/2004 E 609-49750-460 Janitorial Services 9/28/2004 E 101-42110-460 Janitorial Services 9/28/2004 E 101-43100-218 Clothing and Uniforms 9/28/2004 E 601-49400-218 Clothing and Uniforms 9/28/2004 E 602-49450-218 Clothing and Uniforms 9/28/2004 E 101-43100~230 Shop Materials 9/28/2004 E 601-49400-230 Shop Materials 9/28/2004 E 602-49450-230 Shop Materials 9/28/2004 9/23/2004 09-07-04 MATS $29.48 09-14-04 MATS $29.71 09-14-04 MATS $38.55 09-14-04 UNIFORMS $36.66 09-14-04 UNIFORMS $36.66 09-14-04 UNIFORMS $36.66 09-14-04 MATS $30.02 09-14-04 MATS $30.02 09-14-04 MATS $30.02 Wells Fargo 10100 Total $450.92 Refer 92804 GRAND PERE WINES, INCORPOR .3ash Payment nvoice 14378 Cash Payment Invoice 14348 Transaction Date E 609-49750-253 Wine For Resale 9/28/2004 E 609-49750-253 Wine For Resale 9/28/2004 9/20/2004 WINE WINE $356.00 $95.00 Wells Fargo 10100 Total $451.00 Refer 92804 GREEN WITH ENVY LA WN CARE Cash Payment E 101-43100-440 Other Contractual Servic NON-SELECTIVE WEED CONTROL Invoice 5706 9/28/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total Rear 92804 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 117664 9/28/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 117663 9/28/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR Invoice 648092 9/28/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 115188 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 115195 9/28/2004 Transaction Date 9/20/2004 Wells Fargo $799.82 $799.82 $434.41 $632.00 -$64.96 $424.70 $860.60 10100 Total $2,286.75 Refer 92804 HAWKINS, INCORPORATED Cash Payment E 601-49400-227 Chemicals 4 CONTAINERS $20.00 Invoice DM107758 9/28/2004 O ransaction Date 9/21/2004 Wells Fargo 10100 Total $20.00 Cash Payment E 602-49450-221 Equipment Parts FLATS AND ANGLES $88.18 Invoice 51544 9/28/2004 -2778- CITY OF MOUND Transaction Date 9/21/2004 Refer 92804 HENNEPIN COUNTY INFORMA TIO City of Mound 09/23/04 2:05 PM Page 6 Payments Current Period: September'2004 Wells Fargo 10100 Total $88.18 Cash Payment E 101-42110418 Other Rentals Invoice 24088026 9/28/2004 Transaction Date 9/21/2004 08-04 RADIO LEASE Wells Fargo 10100 $1,398.54 Total $1,398.54 Refer Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Transaction Date 92804 HENNEPIN COUNTY TREASURER G 101-23004 3166/70 Westedge #04-2~)/2 MAILING LISTS 9/28/2004 G 601-16300 Improvements Other Than B1 MAILING LISTS 9/28/2004 E 401-46377-300 Professional Srvs MAILING LISTS 9/28/2004 9/13/2004 Wells Fargo $50.00 $TO.O0 $156.25 101 O0 Total $276.25 Refer 92804 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale Invoice 340457 9/28/2004 Transaction Date 9/13/2004 Refer 92804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Transaction Date HOISINGTON KOEGLER GROUP, I E 401-46540-300 Professional Srvs 9/28/2004 E 401-46377-300 Professional Srvs 9/28/2004 G 101-22854 Langdon Bay Major Sub-Divi 9/28/2004 G 101-22869 Landgon Woods, 00-35 9/28/2004 E 101-42400-300 Professional Srvs 9/28/2004 G 101-23013 4685 Wilshire #04-22 Vafian 9/28/2004 G 101-22908 Mound Harbor Renaissance 9/28/2004 BEER Wells Fargo 08-04 LOST LAKE GREENWAY 08-04 CTY RD 15 STREETSCAPE 08-04 LANGDON BAY PUNCHLIST 08-04 LANGDON WOODS DEVELOPMENT 08-04 MISC PLANNING 08-04 MORGAN VARIANCE 08-04 MOUND HARBOR RENAISSANCE G 101-23002 5776 Bartlett Blvd #04-18 Pla 08-04 LIFESTYLE 5776 BARTLETT 9/28/2004 G 101-23010 5017 Avon Drive, #04-29 Lin 9/28/2004 G 101-22908 Mound Harbor Renaissance 9/28/2004 G 101-22908 Mound Harbor Renaissance 9/28/2004 08-04 50t7 AVON DRIVE VARIANCE 08-04 MOUND HARBOR RENAISSANCE 08-04 MOUND HARBOR RENAISSANCE G 101-22974 Bloomquist Hotel Developme 08-04 BLOOMQUIST HOTEL 9128/2004 E 455-46377-300 Professional Srvs 08-04 MOUND VISIONS 9/28/2004 9/21/2004 Wells Fargo 10100 $435.30 10100 Total $435.30 Total $4,335.00 $2,860.01 $106.25 $127.50 $1,578.00 $127.50 $1,147.50 $85.0O $42.5O $12,715.90 $5,207.25 $3,938.84 $4,973.75 $37,245.00 Refer 92804 HOME DEPOTIGECF Cash Payment E 101-43100-230 Shop Materials TIE DOWNS Invoice 8136815 9/28/2004 $12.75 -2779- - CITY OF MOUND Cash Payment Invoice 8014829 Cash Payment Invoice 8014829 Cash Payment Invoice 8014829 Transaction Date City of Mound Payments 09/23/04 2:05 PM Page 7 Current Period: September 2004 E 101-43100-230 Shop Materials 9/28/2004 E 60%49400~230 Shop Materials 9/28/2004 E 602-49450-230 Shop Materials 9/28/2004 9/21/2004 SHOP SUPPLIES $67.10 SHOP SUPPLIES $67.10 SHOP SUPPLIES $67.09 Wells Fargo 10100 Total $214.04 Refer 92804 ISLAND PARK SKELLY Cash Payment Invoice 16876 Cash Payment Invoice 16876 Cash Payment Invoice 16876 Cash Payment Invoice 16883 Cash Payment invoice 16916 Cash Payment invoice 16998 ~,ash Payment nvoice 16998 Cash Payment Invoice 16998 Cash Payment Invoice 16865 Cash Payment Invoice 16877 Cash Payment Invoice 16831 Transaction Date E 10t-43100-404 Repairs/Maint Machinery #33 WHEEL SEAL,ETC 9/28/2004 E 601-49400-404 Repairs/Maint Machinery #33 WHEEL SEAL,ETC 9/28/2004 E 602-49450-404 Repairs/Maint Machinery #33 WHEEL SEAL,ETC 9128/2004 E 601-49400-404 Repairs/Maint Machinery #21 FLUSH AUTOMATIC TRANSMISSION 9/2812004 E 101-43100-404 Repairs/Maint Machinery #25 TURBO INTERCOOLER CLAMP 9/28/2004 E 101-43100-404 Repairs/Maint Machinery GENERATOR BATTERY 9/28/2004 E 601-49400-404 Repairs/Maint Machinery GENERATOR BATTER 9/28/2004 E 602-49450-404 Repairs/Maint Machinery GENERATOAR BATTER 9/28/2004 E 101-42110-404 Repairs/Maint Machinery #840 OIL CHANGE 9/28/2004 E 101-42110-404 Repairs/Maint Machinery #845 OIL CHANGE 9/28/2004 E 101-42110-404 Repairs/Maint Machinery #847 OIL CHANGE 9/28/2004 9/13/2004 Wells Fargo 10100 $260.33 $260.33 $260.34 $92.95 $35.05 $49.14 $49.14 $49.15 $25.86 $27.45 $27.45 Total $1,137,19 Refer 92804 JOHNSON BROTHERS LIQUOR Cash Payment Invoice 1781997 Cash Payment Invoice 1781998 Cash Payment Invoice 1781999 Cash Payment invoice 1782000 Cash Payment Invoice 1779360 Cash Payment Invoice 1779361 Cash Payment 1779362 Invoice 1779363 Transaction Date E 609-49750-251 Liquor For Resale LIQUOR 9/28/2004 E 609-49750-253 Wine For Resale WINE 9/28/2004 E 609-49750-253 Wine For Resale WINE 9/28/2004 E 609-49750-251 Liquor For Resale LIQUOR 9/28/2004 E 609-49750-251 Liquor For Resale LIQUOR 9/28/2004 E 609-49750-253 Wine For Resale WINE 9/28/2004 E 609-49750-253 Wine For Resale WINE 9/28/2004 E 609-49750-251 Liquor For Resale LIQUOR 9/28/2004 9/20/2004 Wells Fargo 10100 $185.08 $273.30 $624.65 $540.05 $2,022.91 $363.40 $103.40 $181.95 Total $4,294.74 -2780- ~.~____ City of Mound 09/23/04 2:05 PM ~, Page8 /"~' ~,,~ Payments _/7' CITY OF MOUND Refer 92804 Cash Payment Invoice 35362A Transaction Date 9/21/2004 Wells Fargo 10100 Total $49.54 Refer 92804 KIRCHER-MITAU, ANDREA Cash Payment E 101-49999-300 Professional Srvs ARBITRATOR LAW ENFORCEMENT $1,050.00 Invoice 092804 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $1,050.00 Refer 92804 Current Period: September 2004 KINDERPRINT COMPANY, INCORP E 101-42110-210 Operating Supplies EVIDENCE BAGS AND TAPE $49.54 9/28/2004 PO 18457 LAKER NEWSPAPER Cash Payment G 601-16300 Improvements Other Than BI 09-18-04 MUNICIPAL WELL $35.82 Invoice 092804 9/28/2004 Cash Payment G 101-23009 SuperAmerica CUP #04-26 09-18-04 5227 SHORELINE CUP SA $31.84 invoice 091804 9/28/2004 Cash Payment E 101-41410-351 Legal Notices Publishing 09-04-04 ACCURACY TEST $15.92 invoice 090404 9/28/2004 Transaction Date 9/20/2004 Wells Fargo 10100 Total $83.58 Refer 92804 LAKESHORE WEEKLY NEWS Cash Payment E 609-49750-340 Advertising 3 COLUMN BY 6 INCH AD Invoice 106059 9/28/2004 Transaction Date 9/20/2004 Wells Fargo 10100 $190.00 Total $190.00 Refer 92804 LANO EQUIPMENT, INCORPORAT Cash Payment E 101-45200-409 Other Equipment Repair TRACKS,TIRES,RIMS Invoice 092804 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 $532.50 Total $532.50 Refer 92804 LEAGUE MN CITIES INSURANCE T Cash Payment E 101-42110-361 General Liability Ins Invoice 11048563-B 9/28/2004 Transaction Date 9/21/2004 #847 BACKED INTO VEHICLE Wells Fargo 10100 $108.33 Total $108.33 Refer 92804 LUBE TECH, INCORPORATED Cash Payment Invoice 1115430 Cash Payment Invoice 1115430 Cash Payment Invoice 1115430 Transaction Date Refer E 101-43100-230 Shop Matedals 9/28/2004 PO 18590 E 601-49400-230 Shop Materials 9/28/2004 PO 18590 E 602-49450-230 Shop Materials 9~28~2004 PO 18590 9~2212004 92804 MARK VII DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale Invoice 711796 9/28/2004 Cash Payment E 609-49750-252 Beer For Resale Invoice 675906-B 9/28/2004 Cash Payment Invoice 146 Cash Payment Invoice 248 Cash Payment Invoice 712634 E 609-49750-252 Beer For Resale 9128/2004 E 609-49750-252 Beer For Resale 9/28/2004 E 609-49750-252 Beer For Resale 9/28/2004 LUBE SUPPLIES $209.27 LUBE SUPPLIES $209.27 LUBE SUPPLIES $209.28 Wells Fargo 10100 Total $627.82 BEER $323.00 CREDIT-LIQUOR #675906 -$0.08 BEER $24.00 BEER $2.40 BEER $2,208.20 -2781 - CITY OF MOUND City of Mound Payments 09/23/04 2:05 PM ~'ag e 9 Current Period: September 2004 Cash Payment E 609-49750-252 Beer For Resale BEER $37.30 invoice 712635 9/28/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $2,594.82 Refer 92804 METROPOLITAN COUNCIL ENVIR Cash Payment G 602-21825 SAC Deposits 04-04 SAC CHARGEs $0.00 Invoice 092804 9128/2004 Cash Payment G 602-21825 SAC Deposits 06-04 SAC CHARGES $0.00 invoice 092804 9/28/2004 Cash Payment G 602-21825 SAC Deposits 07-04 SAC CHARGES $0.00 Invoice 092804 9/2812004 Cash Payment E 496-46580-500 Capital Outlay FA 08-04 (3) COMMERCIAL UNITS $3,825.00 Invoice 092804 9/28/2004 Cash Payment G 602-21825 SAC Deposits 08-04 SAC CHARGES $2,634.75 Invoice 092804 9/28/2004 Cash Payment E 602-49450-388 Waste DisposaI-MCIS 10-04 WASTEWATER $56,217.47 invoice 092804 9/28/2004 Transaction Date 9/20/2004 Wells Fargo 10100 Total $62,677.22 Refer 92804 MINNESOTA HIGHWA Y SAFETY A Cash Payment E 101-42110-434 Conference & Training 08-16-04 LAW ENFORCEMENT $843.00 CONFERENCE (3) 092804 9/28/2004 PO 18412 action Date 9/22/2004 Wells Fargo 10100 Total $843.00 Refer 92804 MINNESOTA, UNIVERSITY OF Cash Payment E 101-45200-434 Conference & Training HEALTH IMPLICATIONS DESIGN $6.25 Invoice 902435 9/28/2004 PO 18593 Cash Payment E 101-43100-434 Conference & Training HEALTH IMPLICATIONS DESIGN $6.25 Invoice 902435 9/28/2004 PO 18593 Cash Payment E 601-49400-434 Conference & Training HEALTH IMPLICATIONS DESIGN $6.25 Invoice 902435 9~28~2004 PO 18593 Cash Payment E 602-49450-434 Conference & Training HEALTH IMPLICATIONS DESIGN $6.25 invoice 902435 9/28/2004 PO 18593 Transaction Date 9/22/2004 Wells Fargo 10100 Total $25.00 Refer 92804 MORAN USA, LLC Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $289.51 Invoice 242214 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $289.51 Refer 92804 MOUND, CITY OF Cash Payment E 609-49750-382 Water Utilities 08-04 WATER/SEWER $22.02 Invoice 092804 9/28/2004 Transaction Date 9/20/2004 Wells Fargo 10100 Total $22.02 Refer 92804 MUELLER, WILLIAM AND SONS Cash Payment E 101-43100-224 Street Maint Material~ 08-09-04 BLACKTOP $228.41 Invoice 96102 9/28/2004 ;ash Payment E 101-43100-224 Street Maint Materials 08-11-04 BLACKTOP $606.48 ~voice 96275 9/28/2004 Cash Payment E 101-43100-224 Street Maint Materials 08-12-04 BLACKTOP $974.58 Invoice 96431 9/28/2004 -2782- CITY OF MOUND City of Mound Payments 09/23/04 2:05 PM Page 10 Current Period: September 2004 Cash Payment E 101-43100-224 Street Maint Materials 08-17-04 BLACKTOP $1,375.53 Invoice 96619 9/28/2004 Cash Payment E 101-43100-224 Street Maint Materials 08-20-04 BLACKTOP $1,377.96 Invoice 96769 9/28/2004 Cash Payment E 601-49400-224 Street Maint Materials 08-23-04 CONCRETE $81.65 invoice 96870 9/28/2004 Cash Payment E 101-43100-224 Street Maint Materials 08-25-04 BLACKTOP $2,182.69 Invoice 97003 9/28/2004 Cash Payment E 602-49450-224 Street Maint Materials 08-25-04 CONBIT $120.08 Invoice 97004 9/28/2004 Cash Payment E 601-49400-224 Street Maint Materials 08-26-04 BLACKTOP $441.48 Invoice 97102 9/28/2004 Cash Payment E 601-49400-224 Street Maint Materials 08-30-03 CONCRETE $80.02 Invoice 97246 9/28/2004 Cash Payment E 601-49400-224 Street Maint Materials 08-31-04 BLACKTOP $182.84 Invoice 97321 9/28/2004 Cash Payment E 601-49400-224 Street Maint Materials 08-31-04 CONCRETE $78.51 Invoice 97322 9/28/2004 Transaction Date 9/22/2004 Wells Fargo 10100 Total $7,730.23 Refer 92804 NATIONAL WATERWORKS Cash Payment E 602-49450-221 Equipment Parts PVC PIPE $139.46 Invoice 1638915 9/28/2004 Transaction Date 9/22/2004 Wells Fargo 10100 Total $139.46 Refer 92804 NEOPOST Cash Payment E 101-41910-400 Repairs & Maint Contract 03-10-04 THRU 02-10-05 MAINTENANCE $495.00 Invoice 41761302 9/28/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $495,00 Refer 92804 NRG PROCESSING SOLLUTIONS L Cash Payment E 670-49500-460 Janitorial Services 08-04 LEAVE/BRUSH SERVICE $125.00 Invoice 49857 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $125.00 Refer 92804 ONE CALL CONCEPTS, INCORPO Cash Payment E 601-49400-395 Gopher One-Call 08-04 LOCATES $109.25 Invoice 4080558 9~28~2004 Cash Payment E 602-49450-395 Gopher One-Call 08-04 LOCATES $109.25 invoice 4080558 9~28~2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $218,50 Refer 92804 PAUSTIS AND SONS WINE COMPA Cash Payment E 609-49750-253 Wine For Resale Invoice 8046541 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 8047043 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 8046771 9/28/2004 Transaction Date 9/13/2004 WINE $1,406.05 CREDIT-WINE -$97.00 WINE $1,862.98 Wells Fargo 10100 Total $3,172.03 Refer 92804 PEPSI-COLA COMPANY - -2783- City of Mound 09/23/04 2:05 PU Page Payments CITY OF MOUND Current Period: September 2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX invoice 64827318 9/28/2004 Transaction Date 9/20/2004 Wefts Fargo 10100 Refer 92804 PHILLIPS WINE AND SPIRITS INC E 609-49750-251 Liquor For Resale LIQUOR 9/28/2004 E 609-49750-253 Wine For Resale WINE 9/28/2004 E 609-49750-253 Wine For Resale WINE 9/28/2004 9/20/2004 Wells Fargo $87.60 Total $87.60 $983.85 $234.75 $447.05 Cash Payment Invoice 2114084 Cash Payment Invoice 2114085 Cash Payment Invoice 2112098 Transaction Date 10100 Total $1,645.65 Refer 92804 PINNACLE DISTRIBUTING Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $414,64 Invoice 47423 9/28/2004 Transaction Date 9/20/2004 Wells Fargo 10100 Total $414.64 Refer 92804 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-253 Wine For Resale Invoice 452362-00 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 454699-00 9/28/2004 Payment E 609-49750-251 Liquor For Resale invoice 454093-00 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale invoice 449838-00 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 451769-00 9/28/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 451149-00 9/28/2004 Transaction Date 9/20/2004 CREDIT-WINE -$6.51 WINE $237.66 LIQUOR $357.24 CREDIT-WINE -$29,32 WINE $322,51 LIQUOR $291.86 Wells Fargo 10100 Total $1,171.44 Refer 92804 Cash Payment invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 'ransaction Date RIDGEVlEW MEDICAL, MOUND E 101-43100-305 Medical Services 9/28/2004 E 601-49400-305 Medical Services 9/28/2004 E 602-49450-305 Medical Services 9/28/2004 E 101-45200-305 Medical Services 9/28/2004 E 101-43100-305 Medical Services 9/28/2004 E 101-43100-305 Medical Services 9/28/2004 E 101-45200-305 Medical Services 9/28/2004 9/13/2004 07-07-04 DRUG SCREENING 07-07-04 DRUG SCREENING 07-07-04 DRUG SCREENING 07-07-04 DRUG SCREENING 07-08-04 DRUG SCREENING 07-12-04 DRUG SCREENING 07-08-04 DRUG SCREENING $9.00 $9.00 $9.00 $27.00 $27.00 $27.00 $27,00 Wells Fargo 10100 Total $135.00 Refer 92804 ROTARY CLUB OF MOUND Cash Payment E 101-42110-433 Dues and Subscriptions 4TH QTR DUES $275.00 Invoice 092804 9/28/2004 -2784- CITY OF MOUND Transaction Date 9/21/2004 City of Mound Payments 09/23/04 2:05 PM Page 12 Current Period: September 2004 Wells Fargo 10100 Total $275.00 Refer 92804 SENSUS METERING SYSTEMS Cash Payment E 60t-49400-221 Equipment Parts Invoice ZZ50013503 9/28/2004 Transaction Date 9/22/2004 AUTOGUN REPAIR Wells Fargo $132.00 10100 Total $132.00 Refer 92804 SOS PRINTING Cash Payment E 101-42110-203 Printed Forms invoice 65595 9/28/2004 PO 18466 Cash Payment E 609-49750-340 Advertising Invoice 65570 9/28/2004 DOOR HANGERS WINE TASTING TICKETS $240,10 $56.02 Transaction Date 9/21/2004 Wells Fargo 10100 Total $296.12 Refer 92804 STERNE ELECTRIC COMPANY Cash Payment E 602-49450-500 Capital Outlay FA LIFT STATIONS $1,620.80 invoice 8338 9/28/2004 Cash Payment E 602-49450-500 Capital Outlay FA LIFT STATIONS -$342.83 Invoice 8331 9/28/2004 Cash Payment E 602-49450-500 Capital Outlay FA LIFT STATIONS $850.00 Invoice 8324 9/28/2004 Cash Payment E 602-49450-500 Capital Outlay FA LIFT STATIONS $285.03 Invoice 8326 9/28/2004 Transaction Date 9/22/2004 Wells Fargo 10100 Total $2,413.00 Refer 92804 STORM CONTRACTING Cash Payment E 101-43100-224 Street Maint Materials EMULSION TANK O-RING $9.52 Invoice 100154 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $9.52 Refer 92804 STREICHER'S Cash Payment E 101-43100-221 Equipment Parts FLASHLIGHT Invoice 1203532 9/28/2004 Transaction Date 9/22/2004 Wells Fargo Refer 92804 SUBURBAN TIRE COMPANY Cash Payment E 601-49400-404 Repairs/Maint Machinery #11 TRUCK TIRES Invoice 10028090 9/28/2004 PO 18596 Cash Payment E 601-49400-404 Repairs/Maint Machinery #21 TRUCK TIRES Invoice 10028439 9/28/2004 PO 18329 Transaction Date 9/21/2004 Wells Fargo $191.49 101 O0 Total $191.49 $385,10 $385.10 101 O0 Total $770.20 Refer 92804 THORPE DISTRIBUTING COMPAN Cash Payment Invoice 34160 Cash Payment Invoice 347651 Cash Payment Invoice 347650 Cash Payment E 609-49750-252 Beer For Resale BEER 9/28/2004 E 609-49750-252 Beer For Resale BEER 9/28/2004 E 609-49750-252 Beer For Resale BEER 9/28/2004 E 609-49750-252 Beer For Resale BEER BEER Invoice 345377-B 9/28/2004 Cash Payment E 609-4975.0-252 Beer For Resale Invoice 33956 9/28/2004 $44.00 $1,964.05 $43~45 $0.90 $445.00 -- -2785- CITY OF MOUND Transaction Date 9/13/2004 City of Uound Payments 09/23/04 2:05 PM Page 13 Current Period: September 2004 Wells Fargo 10100 Total $2,497.40 Refer 92804 TOLL GAS AND WELDING SUPPLY Cash Payment E 101-43100-221 Equipment Parts MISCELLANEOUS SUPPLIES $18.51 Invoice 455249 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $18.51 Refer 92804 TRI,STATE PUMP AND CONTOL, I Cash Payment E 602-49450-220 Repair/Maint Supply SINCLAIR LIFT STATION $420.00 Invoice 23834 9/28/2004 Transaction Date 9/22/2004 Wells Fargo 10100 Total $420.00 Refer 92804 TRUE VALUE, MOUND Cash Payment E 222-42260-210 Operating Supplies 07-04 MISCELLANEOUS SUPPLIES $235.56 Invoice 092804 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $235.56 Refer 92804 TWiN Cl~ Cash Payment E 101-41310-200 Office Supplies Invoice 439404-0 Cash Payment E 101-41500-200 Office Supplies Invoice 439404-0 ;ash Payment E 101-42400-200 Office Supplies nvoice 439404-0 Cash Payment E 101-45200-200 Office Supplies Invoice 439404-0 Cash Payment E 101-43100-200 Office Supplies Invoice 439404-0 Cash Payment E 609-49750-200 Office Supplies Invoice 439404-0 Cash Payment E 601-49400-200 Office Supplies Invoice 439404-0 Cash Payment E 602-49450-200 Office Supplies Invoice 439404-0 Cash Payment E 101-41310-200 Office Supplies Invoice 439954-0 Cash Payment E 101-41500-200 Office Supplies Invoice 439954-0 Cash Payment E 101-42400-200 Office Supplies Invoice 439954-0 Cash Payment E 101-45200-200 Office Supplies Invoice 439954-0 Cash Payment E 101-43100-200 Office Supplies Invoice 439954-0 Cash Payment E 609-49750-200 Office Supplies Invoice 439954-0 Cash Payment E 601-49400-200 Office Supplies Invoice 439954-0 :ash Payment E 602-49450-200 Office Supplies 439954-0 Cash Payment E 609-49750-200 Office Supplies Invoice 440193-0 MISCELLANEOUS OFFICE SUPPLIES $47.77 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES INK JET CARTRIDGE $47.77 $47.77 $47.77 $47.77 $15.91 $31.84 $31.84 $6.62 $6.62 $6,62 $6.62 $6.62 $2.22 $4.41 $4,41 $107.46 -2786- CITY OF MOUND City of Mound Payments 09/23/04 2:05 PM Page 14 Current Period: September 2004 Cash Payment E 101-42110-200 Office Supplies Invoice 438051-0 Cash Payment E 101-42110-200 Office Supplies Invoice 437858-0 Cash Payment E 101-41310-200 Office Supplies Invoice 440511-0 Cash Payment E 101-41500-200 Office Supplies Invoice 440511-0 Cash Payment E 101-42110-200 Office Supplies invoice 440511-0 Cash Payment E 101-45200-200 Office Supplies Invoice 440511-0 Cash Payment E 101-43100-200 Office Supplies Invoice 440511-0 Cash Payment E 609-49750-200 Office Supplies Invoice 440511-0 Cash Payment E 601-49400-200 Office Supplies Invoice 440511-0 Cash Payment E 602-49450-200 Office Supplies Invoice 440511-0 Cash Payment E 281-45210-200 Office Supplies invoice 438574-0 Cash Payment E 601-49400-200 Office Supplies invoice 438574-0 Cash Payment E 602-49450-200 Office Supplies invoice 438574-0 Transaction Date 9/23/2004 MISCELLANEOUS SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES INK JET CARTRIDGE INK JET CARTRIDGE INK JET CARTRIDGE Wells Fargo 10100 $378.45 $132,32 $7.17 $7.17 $7.17 $7.17 $7.17 $2.37 $4.78 $4.78 $19.87 $39.74 $39.73 Total $1,127.93 Refer 92804 UNIFORMS UNLIMITED Cash Payment E 101-42110-218 Clothing and Uniforms EXCEL VEST #6404 $700,00 Invoice 237614 9/28/2004 PO 18458 Cash Payment E 101-42110-219 Safety supplies SOFTWARE AND ADAPTER TASER $162.22 Invoice 229642 9/28/2004 Transaction Date 9/21/2004 Wells Fargo 10100 Total $862.22 Refer 92804 WINE COMPANY Cash Payment E 609-49750-253 Wine For Resale WINE $1,002.35 Invoice 98640-00 9/28/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $166.70 invoice 98847-00 9/28/2004 Transaction Date 9/13/2004 Wells Fargo 10100 Total $1,169.05 'Refer 92804 XCEL ENERGY Cash Payment E 101-41910-381 Electric Utilities 07-28-04 THRU 08-26-04 ~2245-301-939 $1,284.65 Invoice 092804 9/28/2004 Cash Payment E 101-42115-381 Electdc Utilities 07-28-04 THRU 08-26-04 #0466-607-223 $21.99 Invoice 092804 9/28/2004 Cash Payment E 601-49400-381 Electdc Utilities 07-28-04 THRU 08-26-04 #0217-606-329 $3,377.07 Invoice 092804 9/28/2004 Cash Payment E 101-45200-381 Electdc Utilities 07-28-04 THRU 08-26-04 #0047-005-229 $214.66 Invoice 092804 9/28/2004 -2787- CITY OF MOUND Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Cash Payment Invoice 092804 Transaction Date Fund Summary City of Mound Payments 09/23/04 2:05 PM Page 15 Current Period: September 2004 E 101-43100-381 Electdc Utilities 9/2812004 E 601-49400-381 Electric Utilities 9/28/2004 E 602-49450-381 Electdc Utilities 9/28/2004 E 602-49450-381 Electric Utilities 9/28/2004 E 101-43100-381 Electric Utilities 9/28/20O4 9/21/2004 101 GENERAL FUND 222 AREA FiRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 455 TIF 1-2 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 07-28-04 THRU 08-26-04 #0864-508-832 07-28-04 THRU 08-26-04 #0864-508-832 07-28-04 THRU 08-26-04 #0864-508-832 07-28-04 THRU 08-26-04 #0018-802-634 07-28-04 THRU 08-26-04 ~O009-604-835 Wells Fargo 10100 $175.95 $175.95 $175.95 $1,666.80 $252.98 Total $7,346.00 10100 Wells Fargo $49,390.91 $394.56 $19.87 $7,911.26 $6,707.15 $4,041.96 $7,152.85 $64,813.83 $35,815.08 $125.00 $176,372.47 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $176,372.47 $176,372.47 -- -2788- CITY OF MOUND RESOLUTION NO. 04- RESOLUTION TO APPROVE AN AFTER-THE FACT PUBLIC LANDS PERMIT FOR Denise Bader, 6116 Evergreen Rd, Mound, MN 55364, WHEREAS, the applicant is seeking a Public Lands Permit to build a small neighborhood fire pit with woodchip surface and brick lining the fire pit on Tax Forfeited Property #23-117-24-24-0038, 6126 Evergreen Rd, WHEREAS, City Code Section 320, requires City Council approval by a majority vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons; and WHEREAS, City Staff approved the applicant's request, WHEREAS, the City Council considered this request at their meeting of September 28, 2004, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Public Lands Permit as submitted by Denise Bader The foregoing resolution was moved by Councilmember and seconded by Councilmember The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2789- CITY OF MOUND 53&1 MAYWOOD ROAD MOUND1 MN 55364-t687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www c~tyofmound,com July 14, 2004 Denise Bader 6116 Evergreen Rd Mound, MN 55364 Dear Ms. Bader, Upon City Staff's review of the alterations made to your property, it was noted that you had encroached on the Tax Forfeited Property next to yours, which is controlled by the City of Mound. Before you can make land alterations, such as a change in drainage, slope, fill, vegetation, etc, to any City Controlled property you must complete a Public Lands Permit Application. If the value of the work is over $1000.00 you must also pay a $200.00 fee to the City of Mound. Prior to any cutting, filling or grading on private property, you must also complete a Grading Permit. I have enclosed a Public Lands Permit Application and a Grading Permit, which must be completed and returned to our office, along with the applicable fees to the City of Mound, no later than Tuesday, July 20, 2004. If you have any questions regarding the Public Lands Permit, please contact Jim Fackler, Parks Superintendent at 952-472-0611. If you have any questions regarding the Grading Permit, please contact Greg Skinner, Public Works Superintendent, at 952-472-0635 Sincerely, Denice Widmer Administrative Assistant to Public Works and Parks CITY OF MOUND ORDINANCE NO. 01-2004 AN ORDINANCE AMENDING SECTION 903 TO CHAPTER IX OF THE CITY CODE AS IT RELATES TO REGULATION OF FISHING AT LOST LAKE CHANNEL The City of Mound does ordain: That section 903 be amended to read as follows: Section 903 - REGULATION OF FISHING ACTIVITIES AT LOST LAKE CHANNEL- GREENWAY AND PIER 903.00 Finding and Determination. Due to inherent risk of injury to persons engaged in boating and pedestrian activities within the relatively confined and congested areas of the Lost Lake ~ Greenway and Pier, the City Council has determined that it is necessary to, in the interest of public heath, safety and welfare, to prohibit fishi¢~ certain activities at certain portions of the Lost Lake ~ Greenway and Pier. 903.05 .c"-~'"'--'........_., .......,....-.,..c~ .... ~.,~.-... Prohibited Activities. No fishing is allowed from any public dock, pier, or other city regulated or owned structure or on any city lands at that portion of the Lost Lake Channel described in Mound City Resolution 03- 28, which resolution is on file in the office of the City Clerk. The term fishing shall include fishing with a line, taking fish by means of snagging, spearing, harpooning, archery or by dip net. Other prohibited activities include swimming, divinq, possession of alcohol, and boat docking from 2:00 a.m. to 5:00 a.m. 903.10 Signs to be Posted. Signs shall be posted at suitable locations within the regulated area informing the public that fishing is prohibited, along with other prohibited activities, within the area where signage is posted. Passed by the City Council this 28th day of September, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - -2791 - CITY OF MOUND RESOLUTION NO. 04- RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE GENERAL ELECTION NOVEMBER 2, 2004 WHEREAS, election judges were appointed by the City Council in Resolution No. 04- 88, and WHEREAS, it has been determined that there is a need to appoint additional judges in case of illness or emergency situations, BE IT HEREBY RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby approve the following as additionally named election judges for the General Election November 2, 2004: Beniek, Christine Carlson, Chris Cozine, P.D. Jensen, Liz Pugh, Charles Adopted by the City Council this 28th day of September, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2792- - Sent By: Frank Madden & Associates; 612 545 2866; Sep-23-04 2:41PM; Page 2/2 I.'RANK J, MADDEN PAiVtE~...A R. GALANTKR SU~AN K. HAN,qI~ FRANK MADDEN & ASSOCIATES s UIl~', 295 505 NORTH HIGHWAY 169 PI .YMOI ]TH, MINNESOTa, 55441,,6444 September 23, 2004 City Council City of Mound 5341 Maywood Road Mound, MN 55364-1687 2004-2005 Labor Agreement With Law Enforcement l.,abor Services, inc. (Sergeants Uni0 Dear City Council Members: An arbitration award has been received for the 2004-2005 Labor Agreement with the Sergeants Unit represented by Law Enforcement Labor Services, lac. Set forth below is a summary of the arbitration award. .Duration: Two year agreement effective January 1, 2004 through December 31,2005. 2. Wage? 2004 2.0% wage increase 2005 2.5% wage increase Health insurance: 2004 City contribution up to $655 per month for family coverage. 2005 City contribution up to $705 per month for family coverage. Recommendation: it is recommended that the City Council adopt and implement the 2004-2005 Labor Agreement with Law Enforcement Labor Services, Inc. representing thc Sergeants unit. Very truly yours, Susan K, Hansen SKH:clh cc: Kandis Hanson -2793-: 5341 MAYWOOD ROAD CITY OF MOUND MOUND, MN 55364-1687 (952) 472-O6OO FAX: (952) 472-0620 WEE~: www. cityofrnou nd.corn MEMORANDUM TO: FROM: DATE: Pat Meisel, Mayor Kandis, City Manager Carlton, Public Worb Director~_~ Jim Fackler, Park Superintendeff~f~u September 17, 2004 Non-refundable Fee for 2005 Season On September 16, 2004, the DCAC recommended that, beginning in 2005, all Waiting List applicants be charged a $20 non-refundable fee in lieu of the current $250 refundable application fee. CC: Katie Hoff, Administrative Assistant File _printad on recycled paper 2794- DOCK AND COMMONS ADVISORY COMMISSION MINUTES September 16, 2004 Presen[:---~ommissioners--~m-F , - reg unc, lVli~l~lle~Ol~on, Frarii~ Ahrens, Council Representative Mark Hanus, Park Superintendent Jim Fackler, Dock Administrator Katie Heft, Secretary Denice Widmer Absent and Excused: Gerald Jones Chairperson Jim Funk called the meeting to order at 7:,~gicm. 1 Approval of June 17, 2004 Minutes Motion by Funk to approve the Minutes.~Seconded b~'~EUrich. Motion carried. 2. Agenda Changes. None 3. Comments and suq.qestions from citizens pres( None present 4. Discuss: Fund balance- June meeting. Discussic )llowed rip-rapping and spreadsheet. Ah~ ~sked ey the council, reed thl woul incorporating moved to discussed at the for tree removal, ~nd Balance and the take some kind of action to bring to a good idea. Suggested Discussion then Fee for 2005 Season. ,n April -refundable 'uring Gini $15 cost brin, staff pointe( a memo to the DCAC recommending a he current $250 refundable application ion, Jim Fackler explained that Financial Director, administrative costs to process the refundable fee at ding another $5 per person for Docks Administration cost to $20 per person. During further discussion, that during the application process, several waiting list applicants had commented that they would rather pay a fiat fee rather than come up with the $250 that just gets refunded to them anyhow. Ahrens asked if the $20 would then be credited back to the applicant of and when they were granted a dock. Eurich stated that it would be a non-refundable fee and would not. The other Commissioners agreed. DCAC Minutes 9/16/2004 -2795- Motion by Ahrens recommending that, beginning in 2005, all Waiting List Applicants be charged a $20 non-refundable fee in lieu of the current $250 refundable application fee. Second by Funk. Motion carried.., Discussion returned to the Fund Balance and the adjustments to be made to the spreadsheets. Katie will make the adjustments to the spreadsheets and e-mail or mail the commission copies. Motion by Ahrens to adopt the spreadsheet with the recommended changes; Add line for Proposed Expenditure Savings which would shi~W a negative $15,000 savings in 2004, move the 10% increase to 20~ii~nd leave 2008 in there to show the 10% increase for that year. Ahre ~mended moving it on to the City Council. Second by Funk. During discd~§ii asked how much rip-rap will be for 2004. Fackler stated that it wg~!d '~tay at ~:~t~is approved. Motion carried. :'~"~"' ~ b. Capital Outlay: Fackler deck reP'[~bment is a carry-over from the 2004 pro up the $10,000 for a multiple dock in 2005 and whether be brought forward as a capital outlay project. Dis~i~n followed:i:!!No action needed on this item. 5. Dock Application Forms: '",!! i The main change will come~on the ~itin( will also be drop what changes meeting to be a applicants notifyil Octobe Jndable fee. The LMCD fee ~nus stated that staff knows staff to bring the changes to the next a cover letter for waiting list )le fee. Changes will be put on the 6. iiiand Idlewood: Fa( asked t~'~;:~i~!ng ~it..:!~ates to the October meeting. Funk also asked the m;~issioners to '~J~W the"'~i~s before the next meeting. Fackler stated that the only ;~61~y to this project wou d be the weather 7. Shorehne Funk asked if ~"~:'~"~'~"'"~'~"~'~ the[e;~ba~ been any changes since their last discussion in June. Fackler stated tha{~('~ Lost lake area is the only real change. The transient docks have been added and that changes were made to that separate permit. The proposed townhomes will need 2000 Inff for the 40 slips they are asking for. Fackler stated that this study is a good estimate of what is out there. He recommended that the DCAC stay with the 590 BSU's because the Lost Lake transient docks and the townhomes are separate and do not count against the dock program. Fackler also brought up the success of the Share Moratorium and mentioned that he will be bringing this to the October meeting for a continuation. Fackler stated that there will be three separate licenses as a means to monitor each area beffer. DCAC Minutes 9/16/2004 -2796- To: DCXC' MEMORANDUM ;.~41 UA','WO6D ROAC · MOUND, MN ,~;364-168)., WEI~.. www. cltyotmouncl.c, om FROM.~; DATE: RE: ' Tun Fackler, Park Superintendent April 9, 2004 'i Non-Refundable Fee for waiting List Applicants Staff is re~bmmending that, beginning in 2005, all waiting List Applicants, be charged a $15 to'$25 non-refundable fee in lieu of the cUrrent $250 refundable. application e..' ~ Currently, ~waitiBg !!st applicants ~.re required .to submit a check.?:S S0..a .o, ng:_wi their dock'ipPlleatio~. The check ~s cashed by the ei"~. At: the cna or' is refu~a~ded f'o those who are-not awa~d:~d a dock. On ;.average, 6 sites are aWarded- et~l~ season~. The~.e are I:26 aP'~iieants ori' th~ current' waiting..list, so cheeks:must,,be proeesi~ed and mailed baek to ~20 app3icants, Eliminating,.the: $~Z50 eefundable;, cliargd wbuld "cut down on. administrative costs, and the proposed non-refundable fee w0iald, hblP ebver the remaining administrative, eoSts.' : . : For the 2005 " ' ~ season, Staff is recommending that waiting list applicants be charged a $15 to $25 6on,refundable fee:and a~plicants would,only be required . to pay the $250 dock fee' when awarded a dock site. ' p,"~niefl on retyped paper -2797 Executive Summary Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 24, 2004 SUBJECT: PC Case #04-32 and 04-33 - 3000 Highland Waiver of Platting and Variance The Planning Commission reviewed this case at their September 13m meeting. The applicant is seeking to split the historically combined lots 1 and 2 into separate parcels. The existing residence straddles the lot lines and would be demolished. This property one of the few combined lots along the Cook's Bay side of the Highlands. Nearly all of these parcels are platted at 50 feet. Staffs recommendation is for approval which is endorsed by the Planning Commission with a number of conditions to address bluff conditions and future development issues. Staff is also recommending the parcels receive lot of record status given the historical nature of the development of other lots with 50 feet width and lot of record status. A Resolution in support of the waiver of platting and variance is provided for Council review and consideration. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2798- RESOLUTION # 04- A RESOLUTION APPROVING A WAIVER OF PLATTING AND LOT WIDTH VARtANCESFOR-THEPURP~SEB~)F-DIVtBINC A TAZv PARC~EL--INT~-THE-TVt/Q ORIGINALLY PLATTED LOTS LOCATED AT 3000 HIGHLAND BOULEVARD, LOTS 1 AND 2, BLOCK 2, THE HIGHLANDS, PID # 23-117-24 4t 0008 P & Z CASE #04-32 AND 04-33 WHEREAS, the applicant has submitted an application for a waiver of platting and variances in order to divided the current tax parcel into the 2 original platted lots. The property is a lakeshore property located on Cook's Bay. The property includes lots 1 and 2 of Block 2, The Highlands. As proposed, each lot would become a separate tax parcel. The lots are undersized for building width at 50 feet. Minimum width in the R-1 District is 60 feet; and, WHEREAS, City Code Section 330:12 and 350:530 Subd. 1 outlines the criteria for granting waiver of platting and variances in the City of Mound. In addition Section 330:170 of the Subdivision Ordinance applies for variance review for subdivisions. A variance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land; and, WHEREAS, the parcel is considered a lot of record; and, WHEREAS, the original residence was constructed around 1920 and straddles lots 1 and 2. The house is conforming to all building setbacks. A single car detached garage sits on the north property line. A shed is also about 2 feet from the property line; and, WHEREAS, the original water well is located on the northeastern corner of the home indicated as "underground storage" on the survey. The property owner has stated that the well has been capped, although the City has no documentation on file; and, WHEREAS, the property has over 60 feet of elevation change from Highland Blvd to Lake Minnetonka. The lakeside of the home contains a bluff. The survey accurately depicts the top of bluff and 10 feet setback; and, WHEREAS, Nearly all of the Highlands lakeshore parcels are the original platted lots, most of which are in the 50 feet width range, less than the 60 feet minimum width requirement for the R-1 District; and, WHEREAS, the Planning Commission has reviewed the request and recommended that the Council approve the waiver of platting and variances as requested by the applicant. 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 and lot width variances as requested with the following conditions: -2799- The properties will be assigned applicable setbacks for lot of record status, Provide drainage and utility easements, 10 feet wide along the front lot lines and 5 feet in width along side and rear lot lines so as to allow for recording at Hennepin County. The proposed legal descriptions for the easement(s) shall be subject to review and approval by the City Engineer. Property owner address status of the existing retaining walls at the time of building permit for the new residences. Any removal or modification to the wall would need to re-establish a grade and vegetation consistent with standards in Section 350:1225 of the Shoreland Management Regulations. Additional insight from the Minnesota Pollution Control Agency's publication, "Best Management Practices Handbook" shall be used to guide grading and vegetation activities. Concrete driveway aprons must be provided when the new driveways are constructed, and the driveways must be hard surfaced. Payment of deficient street unit charges, in the amount of $1,768.45, prior to recording. Sanitary sewer and watermain area trunk charges of $1500.00 each shall be paid prior to recording. g. Park dedication fees of $1100.00 be paid prior to recording. Hardcover on the new lots be subject to 40 percent maximum for lots of record. The applicant prepare and submit a conservation easement for the protection of vegetation and slope of the bluff. The bluff conservation easement shall be reviewed and approved by City Staff prior to recording. The applicant provide financial guarantees in a form acceptable to the City for the purposes of installing private utilities to serve each newly created property. This waiver of platting and lot width variance is approved for the following legally described property as stated in the Hennepin County Property Information System: LOTS 1 AND 2, BLOCK 2, THE HIGHLANDS The property owner shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A building -2800- permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: and Adopted September 28, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2801 - - MINUTE EXCERPTS MOUND ADVlSOEY PLANNING COMMISSION SEPTEMBER 13, 2004 CASE #04-32/04-33 WAIVER OF PLATTING/VARIANCE NEW HOME CONSTRUCTION 3000 HIGHLAND BOULEVARD - SUNCREST BUILDERS, LLC The applicant has applied for a waiver of platting and variances to divide the current tax parcel into the 2 original platted lots. The property is lakeshore located on Cook's Bay. As proposed, each lot would become a separate tax parcel. The lots are undersized for width at 50 feet. Staff recommends approval of the waiver of platting and variance requests with the following conditions: 1. The property will be assigned applicable setbacks for lot of record. 2. Provide drainage and utility easements, 10 feet wide along the front lot lines and 5 feet in width along side and rear lot lines to be provided in proper legal form to allow for recording at Hennepin County. The legal descriptions for the easements shall be subject to review and approval by the City Engineer. 3. The property owner should address the status of the existing retaining walls at the time of building permit issuance for the new residences. Any removal or modification to the wall would need to re-establish a grade and vegetation consistent with standards in Section 350:1225 of the City Code. Additional insight from the Minnesota Pollution Control Agency's publication, "Best Management Practices Handbook" shall be used to guide grading and vegetation activities. 4. Concrete driveway aprons must be provided when the new driveways are constructed and the driveways must be hard surfaced. 5. Payment of deficient street unit charges, the amount of $1,768.45 prior to recording. 6. Sanitary sewer and water main area trunk charges shall be paid prior to recording. 7. Park dedication fees of $1,100.00 be paid prior to recording. 8. Hardcover on the new lots shall be subject to 40 percent for "lots of record." 9. Conservation easement to be established to protect the bluff feature. 10. Utility connections must be constructed or escrow be provided. Discussion Osmek asked if approving the front lot width variance would set us up for many more requests of the same type. MOTION by Raines, seconded by Osmek, to recommend Council approve the waiver of platting and variance with staff recommendations. MOTION carried. Voting for: Miller, Raines, Osmek and Glister. Voting against: Hasse -2802- Executive Summary Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 24, 2004 SUBJECT: PC Case #04-30 - Rueper Variance - 4815 Island View Drive The Planning Commission reviewed this case at their September 20th meeting. The applicant will be tearing down the existing residence to construct the proposed two-story home. Hardcover is near the maximum allowable, so pervious pavers are proposed for the driveway. The lakeside setback will be reduced from the existing conditions. Staff's recommendation is for approval which is endorsed by the Planning Commission. A Resolution in support of the case is provided for Council review and consideration. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2804- RESOLUTION # 04-. PPROVING LAKESIDE SETBACK AND LOT SIZE ~_~, A RESOLUTION A r~ VARt~_THE_GONSTRUC, TJON~)FA-NEW4~,ESIDE N C E ... N-T-HE PROPERTY LOCATED AT 4815 ISLAND VIEW DRIVE, LOT 5 AND THE WEST % OF LOT 4, BLOCK 13, DEVON, PID # 25-117-24 11 003'1 P & Z CASE #04-30 WHEREAS, The applicant has submitted request for lakeside and lot size variances to build a new home. The variance request is as follows: Existing Proposed Required., Variance Lakeside OHW 42 feet 44 feet 50 feet 6 feet Lot Size 5928 SF 6000 SF 72 SF ; and, WHEREAS, the property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a minimum of 6,000 square feet of lot area, 40 feet of street frontage, a 20 feet front yard, 6 feet side yard, 15 feet rear yard, and 50 feet lakeside setbacks for single family residences on lots of record; and, WHEREAS, the existing lot is considered a lot of record and undersized for lot area (5929 SF); and, WHEREAS, the project involves demolition of the existing residence to accommodate the proposed home. Construction plans indicate a two story residence with a two car tuck-under garage located at the basement level. Building footprint is 2200 square feet. All new foundation systems would be constructed; and, WHEREAS, the proposed residence would be setback 44 feet from the lakeside OHW mark as measured at the proposed deck. The lakeside wall is show at a 54 feet setback from the OHW mark; and, WHEREAS, the property is separated from Lake Minnetonka by Devon Commons which is approximately 20 feet in width; and, WHEREAS, submitted hardcover calculation sheet indicates that hardcover is under the 40 percent allowance by approximately 43 square feet. Hardcover sheet also indicates that pervious pavers will be used for the driveway surface; and, WHEREAS, the Planning Commission has reviewed the request and recommended that the Council approve the variances as requested by the applicant. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the variances as requested with the following conditions: -2805- a. The City Engineer review grading and drainage.issues, if applicable, at the time of building permit. b~--Theapplicant shallbe responsi'bte~-thepaymentof alt-costs associated with the variance request. c. The applicant shall be responsible for all necessary building permits. Applicant will be responsible for submittal of engineering specifications regarding the proposed paver material and driveway plan as part of the building permit process which shall be subject to review and approval by the City Engineer. An as-built survey signed by a licensed, professional engineer will be required prior to the issuance of the Certificate of Occupancy to certify that paver installation is consistent with the submitted plans and specifications for the project. 2. The City Council adopts the following findings in support of the requested variances: The proposed residence reduces the level of lakeside setback nonconformity and will not negatively affect adjacent properties. The proposed improvements will increase the livability of the property. 3. This vadance is denied for the following legally described property as stated in the Hennepin County Property Information System: LOT 5 AND THE WEST % OF LOT 4, BLOCK 13, DEVON This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1. This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The 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). The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: -2806- The following Councilmembers voted in the negative: Adopted September 28, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2807- MINUTES MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 207 2004 ~O~ARD_OFAPPFAL~ CASE #04-30 VARIANCE NEW HOUSE 4815 ISLAND VIEW DRIVE - JAMES REUPER / SUSAN ESKEDAHL The applicant has submitted a request for a lakeside and lot size variance to build a new home. The variance request is as follows: Existing Proposed Reauired Variance Lakeside 42 feet 44 feet 50 feet 6 feet Lot Size 5928 SF 6000 SF 72 SF The project involves demolition of the existing residence to accommodate the proposed home. Construction plans indicate a two story residence with a two car tuck-under garage located at the basement level. Building footprint is 2200 square feet. All new foundation systems would be constructed. Staff recommends approval of the 1. The City Engineer review building permit. ~ f~qu~sted with the following conditions: drainage issues, if applicable, at the time of 2. The applicant shall be responsible for the payment of all costs associated with the variance request. 3. The applicant shall be responsible for all necessary building permits. 4. Applicant will be responsible for submittal of engineering specifications regarding the proposed paver material and driveway plan as part of the building permit process which shall be subject to review and approval by the City Engineer. 5. An as-built survey signed by a licensed, professional engineer will be required prior to the issuance of the Certificate of Occupancy to certify that paver installation is consistent with the submitted plans and specifications for the project. .Discussion. Ayaz asked what would be the hardship. They are starting from scratch. Why grant variances? Osmek is comfortable because they are reducing the non-conformity on the sides and the lakeside. They have made a good effort to make it more conforming. MOTION by Osmek, seconded by Ayaz, to recommend Council approve the variance. MOTION carried unanimously. -2808- 07/19/04 ~0N 14:35 FA~ 612 378 9715 ARCHITRON LTD -2809- CERTIFICATE OF SURVEY FOR JAMES REUPER IN LOTS 4 & 5, BLOCK 13, DEVON HENNEPIN COUNTY, MINNESOTA mX¸ EXISTING HOUSE I DECK EXISTING HOUSE #48t5 EXISTING HOUSE DEVON CONtNION Na~ in Wood steps WOOD STEPS LAKE tNNP_.TON LEGAL DESCRIPTION OF PREMISES: Lot 5 and the West Half of Lot 4, Block 13, DEVON This survey shows the boundaries of the above described property, and the location of an existing house, deck and wood stairway thereon. I% does not purport to show any other improvements or encroachments. o : Iron marker ~,.n: Existing spot elevation, mean sea level datum Bearings shown are based upon an assumed datum REOEIVEF AUG 9 20DA ~UN[) ?LANNING & INS~: oGRONBERG & ASSOCIATES, INC. CONSUL33NG ENGINEERS. I.~ND SURVEYORS, SiTE PLANNERS 952-473-4141 dr 04-189 Mark S. Gronbe~ Minp _ I.~e~se Number 12755 -2810- SCALE 1"=20' DA'I~ 5/25/o4 JOB NO. 04-189 CERTIFICATE OF SURVEY FOR JAMES REUPER IN LOTS 4 & 5, BLOCK 13, DEVON HENNEPIN COUNTY, MINNESOTA ~ co~0~¢~ k PROP0~ED DRIVE (oP~ |CONCRE~[ U~T ~V~) PROPOSED HOUSE ~815 EXISTING HOUSE DECK \k EXISTING HOUSE PATIO __ __ STEP__S ~ LAKE M%NNE oNtK/k LEGAL DESCRIPTION OF PREMISES: Lot 5 and the West Half of Lot 4, Block 1S, DEVON This survey shows the boundaries of the above described property, and the proposed location of a proposed house thereon. It does not purport to show any other improvements or encroachments. o : Iron marker m,.o: Existing spot elevation, mean sea level datum PROPOSED ELEVATIONS: --~---: Contour line, from architect 1) Garage=[~ Bearings shown are based upon an assumed datum 2) Top of foundation 3) Basement =~-~] GRONBERG & ASSOCIA'TE,~, ZNC. GCONSUL33NG LAND SURVEYORS, ENGINEERS, o4-189b Mark S. Gron _ ~%~'~ 1 -"~"'~ Number 12755 SCALE 1"=20' DATE JOB NO. 04-189b J~dn~ LU!F / lqoPe~isE ans' ,, I -2812- Executive Summary Hoisington Koegler Group Inc. I~llll, TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 24, 2004 SUBJECT: PC Case #04-29 - Linkert Variance - 5017 Avon Drive The Planning Commission reviewed this case at their September 13th and 20th meetings. At the first meeting, the request was tabled due to some inaccuracies in the setbacks for the proposed residence. An updated survey was provided to Staff prior to the September 20th meeting showing the proposed setbacks. These are indicated in the updated Staff Report. The applicant desires to utilize the existing foundation to construct the new 1 ½ story home. Staff requested an engineer's report for the existing foundation to verify its structural integrity to support the new residence. Plans are provided in the packet material. The lot is very narrow at 35 feet of width at the building setback, making the construction of a home in conformance with sideyard setbacks almost impractical. Utilizing the existing foundations is a reasonable approach to designing a home that respects the existing neighborhood conditions. Staff's recommendation is for approval which is endorsed by the Planning Commission. A Resolution in support of the case is provided for Council review and consideration. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2813- RESOLUTION # 04- ~_~ A RESOLUTION APPROVING FRONT AND SIDE YARD SETBACK, ~I~A LOT AR_E_A_:AND-LOT WIDTH VARIANCESFOR THE CONSTRUCTION-OF A N~ RESIDENCE ON THE PROPERTY LOCATED AT 5017 AVON DRIVE, ~' LOT 5, BLOCK 3, SHIRLEY HILLS UNIT B, PID # 24-117-24 13 0002 P & Z CASE #04-29 WHEREAS, The applicant has submitted request for front and side yard setback, lot area and lot width variances to build a new home on the existing foundation of the current home. The variance request is as follows: Existing ..Proposed Required Variance Side yard (west) 2.5 feet 2.5 feet 6 feet 3.5 feet Side yard (east) 2 feet 2.1 feet 6 feet 3.9 feet Front yard 22.1 feet 21.6 feet 30 feet 8.4 feet Lot Area 9039 SF 9039 SF 10,000 SF 961 SF Lot Width 35 feet 35 feet 60 feet 25 feet ; and, WHEREAS, the property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum of 10,000 square feet of lot area, 60 feet of street frontage, a 30 feet front yard, 6 feet side yard, 15 feet rear yard, and 50 feet lakeside setbacks for single family residences on lots of record; and, WHEREAS, the lot is considered a lot of record and undersized for both lot area (9039 SF) and lot width (35 feet); and, WHEREAS, the existing residence is a 1 ~ story with a single car tuck under garage. Lakeside, a large multi-purpose is built into the hillside attached to the home; and, WHEREAS, the proposed plans show a 1% story walkout residence measuring 32 feet by 60 feet 4 inches. The applicant is proposing to construct the new residence on the existing foundation of the house and lakeside garage; and, WHEREAS, the applicant has indicated that the home would be built on the existing foundation. A foundation plan from Ulteig Engineers verifies that existing walls will be used in addition to other newly constructed walls and support foundations; and, WHEREAS, the revised hardcover calculations show conformance with the 40 percent allowable maximum; and, WHEREAS, the Planning Commission has reviewed the request and recommended that the Council approve the variances as requested by the applicant. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: -2814- 1. The City does hereby approve the front and sideyard setback, lot area and lot width variances as requested with the following conditions: a. The City Engineer review grading and drainage issues, if applicable, at the time of building permit. b. The applicant shall be responsible for the payment of all costs associated with the variance request. c. The applicant shall be responsible for all necessary building permits. The City Council adopts the following findings in support of the front and sideyard setback variances: a. The proposed home is being constructed on an existing foundation. The proposed front and west side yard setbacks would be maintained, not increasing the existing level of nonconformity. The proposed east side yard setback would be improved, decreasing the level of nonconformity. do The proposed improvements will increase the livability of the property and positively influence the character of the neighborhood. 3. This variance is denied for the following legally described property as stated in the Hennepin County Property Information System: LOT 5, BLOCK 3, SHIRLEY HILLS UNIT B This 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). 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: -2815- Adopted September 28, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2816- MINUTES MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 2Oi 200;4 BOARD OF APPEALS CASE #4)4-29 VARIANCE (continued from 9113 meeting) NEW HOUSE 5017 AVON DRIVE - GEORGE LINKERT Gordon reviewed the highlights of the case. In addition to the setbacks outlined on the survey, the property owner said the east side yard setback can be increased to 2.1, if necessary. Gordon indicated that, with the small side setbacks, he was concerned about fire access. Chief Pederson indicated there were no fire regulations covering this specific issue. Fire Chief has no issue with side setbacks. East side yard can be made less non-conforming at 2.1 with entry modifications~.~r ;'~"i'i George Linkert (2017 Avon Drive)~g~i~a ~?ef~-history of the home indicating that the · he famil siCi~'~t~h~?~)~-0~'~ The lakeside walkout was designed for an_ home has been ~n t yr~ ~ ~ ' * . .... organ but was never installed. Re~ihdiCated that the neighbors have Deen suppomve o~ the pending plans. Hasse asked if the foundation is adequate· Linkert said his engineer has approved the project. Hasse wanted to know why, when this is more than a 50% rebuild, we wouldn't require it be conforming. Michael agreed but only if it would alleviate all of the variances. Findings of fact: 1 .The proposed home is being constructed on an existing foundation. 2.The proposed front and one side yard setback would be maintained and the other side yard setback would be improved, not increasing the existing level of non- conformity. 3.The proposed improvements will increase the livability of the property and positively influence the character of the neighborhood. Schwingler added that the hardcover reduction was another plus. MOTION by Osmek, seconded by Schwingler, to move staff recommendation with the following variances: 3.5 feet (east side), 3.9 feet (west side), 8.4 feet (front yard). MOTION carried. Voting for: Ayaz, Osmek, Michael, Glister and Schwingler. Voting against: Hasse -2817- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSIOP SEPTEMBER i3 2004 CASE #04-29 VARIANCE NEW HOME CONSTRUCTION 5017 AVON DRIVE - GEORGE LINKERT The applicant submitted a request for front yard, side yard and hardcover variances to build a new home on the existing foundation. The variances are outlined as follows: Side yard (east) Side yard (west) Front yard Existing Proposed Required Variance 2.0 feet 0 feet 6.0 feet 6.0 feet 2.5 feet 2.5 feet 6.0 feet 3.5 feet 22.1 feet 22.1 feet 30.0 feet 7.9 feet This lakeshore property lot is located across from Avon Park and has approximately 64 feet of frontage on Seton Channel. The existing residence is a 1 ~ story with a single car tuck under garage. Lakeside, a large music room is built into the hillside attached to the home. The proposed plans show a 1% walkout residence measuring 32 feet by 60 feet 4 inches. It is proposed to construct the new residence on the existing foundation of the house and lakeside room. Originally, Staff recommended denial of the variance as submitted. After a brief discussion it was discovered that the survey was not correct and hardcover calculations were questionable. MOTION by Hasse, seconded by Miller, to table action pending corrected survey and hardcover calculations. MOTION carried unanimously. -2818- PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 17, 2004 SUBJECT: Variance Request - Updated report APPLICANT: George Linkert CASE NUMBERS: 04-29 ItKG FILE NUMBER: 04-05 LOCATION: 5017 Avon Drive ZONING: R-1 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential BACKGROUND/DISCUSSION: The applicant has submitted request for front and side yard setback, lot area and lot width variances to build a new home on the existing foundation of the current home. The variance request is as follows: Existing Proposed Required .Variance Side yard (west) 2.5 feet 2.5 feet 6 feet 3.5 feet Side yard (east) 2 feet 2.1 feet 6 feet 3.9 feet Front yard 22.1 feet 21.6 feet 30 feet 8.4 feet Lot Area 9039 SF 9039 SF 10,000 SF 961 SF Lot Width 35 feet 35 feet 60 feet 25 feet The lakeshore property lot is located across from Avon Park and has approximately 64 feet of frontage on Seton Channel. Zoning is R-l, requiting 30 feet front, 6 feet side, a 50 feet lakeside setback and a maximum of 40 percent hardcover as a lot of record. The existing residence is a 1 ½ story with a single car tuck under garage. Lakeside, a large multi- purpose is built into the hillside attached to the home. The proposed plans show a 1 ½ story walkout residence measuring 32 feet by 60 feet 4 inches. The applicant is proposing to construct the new residence on the existing foundation of the house and lakeside garage. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 2819- p. 2 5017 Avon Drive Variance September 17, 2004 CITY DEPARTMENT REVIEW COMMENTS: Parks Director: No comments received. Building Official: No comments received. Fire Chief: No comments received. Police Chief: No comments received. City Engineer: No comments received. Public Works Superintendent: No comments received. DNR Hydrologist: No comments received. REVIEW PROCEDURE: City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound and generally states that a variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land. 60-DAY PROCESS: Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance application was deemed to be complete on August 23, 2004 and the 60-day timeline expired on or around October 21, 2004. Within the 60-day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. NOTIFICATION: City policy requires that abutting property owners are notified of variance requests by mailed notice. DISCUSSION: The following discussion points are offered by Staff for consideration in making recommendation. a 1. The proposed improvements are a positive investment for the neighborhood as the current home is falling into disrepair. 2. The lot is narrow, measuring 35 feet at the front yard setback. With conforming side yard setback of 6 feet, the building pad would be 23 feet in width. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2820- p. 3 5017 Avon Drive Variance September 17, 2004 o o The applicant has indicated that the home would be built on the existing foundation. A foundation plan from Ulteig Engineers verifies that existing walls will be used in addition to other newly constructed walls and support foundations will be incorporated. The building foundation plans are consistent with each other in terms of building width and depth. As proposed, the east side yard setback be reduced from 2 feet to 1.7 feet as shown on page 2 of the variance application. The applicant also notes on the submitted survey that the setback could be increased to 2.1 feet. The west setback would maintain the current 2.5 feet from the property line. o The proposed home design is a good response to providing minimal but adequate space for a two car garage and entry within the width of the existing foundation. 7. The hardcover calculations show conformance with the 40 percent allowable maximum. RECOMMENDATION: Staff recommends the Planning Commission recommend the Council approve the variance request with the following conditions: 1. The east side yard maintain property line. 2. o a 2 feet or more setback as measured from building to The City Engineer review grading and drainage issues, if applicable, at the time of building permit. The applicant shall be responsible for the payment of all costs associated with the variance request. 4. The applicant shall be responsible for all necessary building permits. Staff would offer the following as findings of fact in support of the variance: 1. The proposed home is being constructed on an existing foundation. 2. The proposed front and side yard setbacks would be maintained, not increasing the existing level of nonconformity. 3. The proposed improvements will increase the livability of the property and positively influence the character of the neighborhood. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2821 - Cd WU6~:60 ~00~ £0 '6nu -* 6sis,-2822- *ON xu~ ~o~3 s~oa-ue~loao~w : w0a~ 9d W~0S:60 ~00~ £0 'On~ 69~E-~- 'ON X~ ~!oH3 s6oB-uel!!odoJ~sW : WO~ 943.2 'NT, NEW HOME TO BE ~11NG FOUNDA 110N, THUS ..-' OVEt? AND Gt?ADING W~te r ~ted 950.9 950.6 Rock X94~.5 Edge of w. oter and 929.4 -'-2824- ~FW. X931.2 No. 0¥0~ ? 040861 24/117/24 LINKERT, GEORGE AND JANET AD VANCE 5300 S. Hwy. No. 101 SURVEY FOI~ SURVEYING & ENGINEERING CO. Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 GEORGE AND JANET LINKERT SURVEYED: JULY, 2004 DRAFTED: REVISED: August 12, 2004 to show proposed dwelling. September 16, 2004 to relocate proposed dwelling. July 29, 2004 LEGAL DESCKIPTION: ~,ot 5, Block 3, Shirley I~ills Unit B, Hennepin County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundax~ lines of the above legal description. The scope of our services does no~t include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the comers of the property. 4. Showing and tabulating hard cover and area of the lot for your review and for the review of such governmental agencies as may have jurisdiction over hard cover requirements. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confn-m that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining othe~ elevations fer use on this site. STANDARD SYMBOLS & CONVENTIONS: ;, · "Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. · parker P.E. & P2S. iqo. 92.~5 HARD COVER TABULATION: ~XISTING HARDCOVER 984 Sq. Ft House . Landscaping w. Plastic under & mme. 595 Sq. Ft. Concrete Surfaces 2,718 Sq. Ft. TOTAL EXISTING HARDCOVER 4,297 Sq, Ft. A.REA OF LOT TO OHW 9,039 Sq. Ft. % HARDCOVER PROPOSED HARDCOVEK House Landscaping w. Plastic under & misc. 47.5% 1,817 Sq. FL 595 Sq. Ft. 1,885 Sq. Ft. Concrete Surfaces TOTAL PROPOSED HARDCOVER 4,297 Sq. Ft. A_REA OF LOT TO OI4TM 9,039 Sq. Ft. 47.5% % HARDCOVER PLACED ON EXI$11NG H~ REMAIN. GRAPHIC SCALE ( m tm'r) -2825- Executive Summary Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 24, 2004 SUBJECT.. PC Case #04-26 - Super America CUP, 5337 Shoreline Drive The Planning Commission reviewed this case at their September 13th meeting. Super America is seeking to improve their gasoline pump islands for better access and traffic flow. A new overhead canopy is proposed as well. The property operates under a conditional use permit which requires a public hearing at the City Council. Staff's recommendation is for approval which is endorsed by the Planning Commission. A Resolution in support of the conditional use permit is provided for Council review and consideration. The deadline for City action on the application expired on or about September 24, 2004. Therefore, Council members are advised that the City executed a 60-day extension on September 20, 2004 pursuant to M.S.S. 15.99. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2826- RESOLUTION # 04- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSE OF CHANGING GASOLINE PUMP ISLAND CONFIGURATION AND OVERHEAD CANOPY FOR THE SUPER AMERICA CONVENIENCE STORE LOCATED AT 5337 SHORELINE BOULEVARD, PORTIONS OF BLOCK 4, SHIRLEY HILLS UNIT "F", PID # 13-117-24 34 0074 P&Z CASES # 04-26 WHEREAS, Super America is proposing to change the current gasoline pump configuration and overhead canopy. The request requires an amendment to the existing Conditional Use Permit (CUP). Additionally, interior improvements will be made, however, these do not require action by CUP as they are internal improvements to the current use; and, WHEREAS, according to City Code Section 350:670, motor fuel stations and convenience stores are allowed in the B-1 District by conditional use; and, WHEREAS The submitted application materials include a survey of existing conditions, proposed site layout, elevations of the proposed canopy, details on canopy and pump island foundations and fixtures, and interior floor plans and, WHEREAS, The proposed plan shows 5 pump islands slightly angled to facilitate better vehicle movement between the street access points; and, WHEREAS, the new gas pump canopy will stand over the gas pumps and would likely shelter a car immediately under it. The canopy measures approximately 122 feet by 27 feet. It is setback approximately 45 feet from Shoreline Drive and 35 feet from Cyprus Lane as measured from the outermost edge; and, WHEREAS, the new layout also adds 10 pull-in parking stalls in front of the store bringing the total to 23 which is in addition to the pump island parking. City parking regulations do not specifically identify a parking requirement for a motor fuel convenience store. Automobile service stations and retail stores may the closest use type; and WHEREAS, canopy signage plans are also provided. Review of this CUP will assume that a separate signage permit application will be applied for and conform to City Sign Regulation standards in Section 365; and, WHEREAS, the Planning Commission has reviewed the request and recommend approval of the Conditional Use Permit as recommended by staff; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant a conditional use permit with the following conditions: -2827- The City Engineer review grading and drainage issues at the time of building permit. The applicant shall be responsible for the payment of all costs associated with the variance request. c. The applicant shall be responsible for all necessary building permits. d. A separate signage application be applied for and conform to standards in Section 365. applicable The Conditional Use Permit is granted for the following new legally described property: PORTIONS OF BLOCK 4, SHIRLEY HILLS UNIT "F" as contained in Certificate of Title No. 666981, Hennepin County, Minnesota The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The 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 September 28, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2828- MINUTE EXCERPTS MOUND ADVISORY PLANNI'NG COMMISSION SEPTEMBER 13, 2004 CASE #04-26 CONDITIONAL USE PERMIT INSTALL OF NEW PUMPS/CANOPY AND INTERIOR REMODEL 5337 SHORELINE DRIVE - SUPER AMERICA Super America is proposing to change the current gasoline pump configuration and overhead canopy. The request requires an amendment to the existing CUP. Additionally, interior improvements will be made, however these do not require action by CUP. City Staff recommends approval of the CUP subject to the following conditions: 1. The City Engineer review grading and drainage issues at the time of building permit issuance. 2. The applicant shall be responsible for the payment of all costs associated with the CUP request. 3. The applicant shall be responsible for all permits required by the City of Mound and/or other agencies. 4. A separate signage application be applied for and conform to applicable standards in Section 365 of City Code. Loren Gordon introduced the case highlighting the increased efficiencies in traffic flow, parking and change in grading to accommodate the new design. Discussion Dave Thomas, Construction Coordinator for Speedway/Super America, addressed the improved gas transport plan and various features of the new design. The future access from the proposed business center to the west was also discussed. Osmek asked if a driveway connection was needed to connect Super America to adjacent properties to the west. Gordon stated that staff discussed the issue but given the underground storage tank location along the west property line, felt it could be problematic and a connection was not a critical need. MOTION by Raines, seconded by Hasse, to recommend Council approve the conditional use permit with staff recommendations. MOTION carried unanimously. -2829- ~ Il, CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE # 04-26 NOTICE OF A PUBLIC HEARING TO CONSIDER AN APPLICATION FROM SUPER AMERICA FOR A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW INSTALLATION OF NEW PUMPS AND CANOPY LOCATED AT 5337 SHORELINE BOULEVARD NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota will meet in the Council Chambers, 5341 Maywood Road, at 7:30 PM on Tuesday, September 28, 2004 to hold a public hearing to consider a Conditional Use Permit (CUP) amendment application from Super America to allow installation of new pumps and a canopy at the existing gas station and convenience store located at 5337 Shoreline Boulevard. The property is generally identified as follows: PID No. 13-117-24-34-0074 Copies of the application materials are available to the public upon request at City Hall. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. J~Norlander, Plannin.~ and Inspections Secretary Published in the Laker on September 18, 2004 paper PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, City Planner DATE: September 9, 2004 SUBJECT: Conditional Use Permit Amendment APPLICANT: Thomas Jones for Super America PLANNING CASE NUMBER: 04-26 PID: 13-117-24-34-0074 LOCATION: 5337 Shoreline Blvd. ZONING: B-1 COMPREHENSIVE PLAN: Destination District REQUEST Super America is proposing to change the current gasoline pump configuration and overhead canopy. The request requires an amendment to the existing Conditional Use Permit (CUP). Additionally, interior improvements will be made, however, these do not require action by CUP as they are internal improvements to the current use. CONDITIONAL USE PERMIT REVIEW CRITERIA According to City Code Section 350:670, motor fuel stations and convenience stores are allowed in the B-1 District by conditional use. In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed land use upon the health, safety, morals and general welfare of occupants of surrounding lands. Conditional use permit review criteria are contained in City Code Chapter 350:525 Subd. 1. CUP REVIEW PROCEDURE City Code Chapter 350:525 Subd. 3 (B) requires that all requests for conditional use permits are reviewed by the Planning Commission. Additionally, City Code Chapter 350:535 Sub& 3 (C) requires that a public hearing is held by the City Council. Procedurally, Minnesota State Statute requires that the planning agency and/or governing body must hold a public hearing on all requests for conditional use permits and further requires that a Notice of Public Heating is published at least (10) days in advance of the public heating and is also mailed to all property owners within (350) feet. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2831- p. 2 Super ,,lmerica CUP amendment September 9, 2004 The date for the City Council will be determined after recommendation from the Planning Commission. Tentatively, the first available dates are September 28th and October 12th. A Notice of Public Hearing will be published in the _Laker and mailed to all affected property owners located within (350) feet pursuant to City Code-and state statute requirements. 60-DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The CUP application was received and deemed to be complete on August 27, 2004 and the 60-day timeline will expire on or around October 25, 2004. Within the 60-day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment and are summarized below: City Engineer Cameron Public Works Director Moore Building Official Fire ChiefPederson Parks Director Jim Fackler Police Chief Kurtz Hennepin County Transportation No comments. No comments. Refer to letter dated August 19t~. A building permit will be required including the submittal of all necessary information. No comments. No comments. No objections.. No objections. DISCUSSION 1. The submitted application materials include a survey of existing conditions, proposed site layout, elevations o£the proposed canopy, details on canopy and pump island foundations and fixtures, and interior floor plans. The proposed plan shows $ pump islands slightly angled to facilitate better vehicle movement between the street access points. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2832- p. 3 Super America CUP amendment September 9, 2004 3. A grading plan for the apron surface indicates directional surface drainage from the pump island. 4. The new gas pump canopy will stand over the ~as pumps and would likely shelter a car immediately under it. The canopy measures approximately 122 feet by 27 feet. It is setback approximately 45 feet from Shoreline Drive and 35 feet from Cyprus Lane as measured from the outermost edge. 5. The new layout also adds 10 pull-in parking stalls in front of the store bringing the total to 23 which is in addition to the pump island parking. City parking regulations do not specifically identify a parking requirement for a motor fuel convenience store. Automobile service stations and retail stores may be the closest use type. 6. Canopy signage plans to reflect updated lettering has also provided. Review of this CUP will assume that a separate signage permit application will be applied for and conform to City Sign Regulation standards in Section 365. RECOMMENDATION City staff recommends Planning Commission and City Council approval of the Conditional Use Permit subject to the following conditions: 1. The City Engineer review grading and drainage issues at the time of building permit. 2. The applicant shall be responsible for the payment of all costs associated with the CUP request. 3. The applicant shall be responsible for all required permits required by the City of Mound and/or other agency. 4. A separate signage application be applied for and conform to applicable standards in Section 365. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -2833- August ] 9, 2004 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. ci'iyofmound.com Mr. Thornton, C. Jones SuperAmerica 2060 Centre Pointe Blvd. Suite 1 Mendota Heights, MN 55120 Re: SuperAmerica Remodel at 5337 Shoreline Blvd. in Mound Dear Mr. Jones, The plans for the project nmned above have been reviewed for substantial compliance with the Mim~esota State Building Code. The following list of items are found to either not meet minimmn code requirements or more information is needed. All conunents need to be resolved before any permits can be issued. I have received plans fi-om an engineer but nothing fi-om mu architect. An architect is required to be involved in this type of project. Basically we need a code analysis from the architect addressing all proposed components of the project. An ,architect will provide itffonnation on the following: a. Mim~esota State Building Conservation Code requirements b. Accessibility c. Glazing in hazardous locations d. Firecode, including Chapter 34 for temporarily out of service under tanks for storage of tlanunable/combustible liquids. Aboveground s~r°aUgned of kerosene and propane tanks. 2. Special inspections shall be provided by the owner for soils including any soils corrections (]nay involve MPCA, Minnesota Pollution Control), concrete and concrete reinforcement 3. A hazardous materials inventory list shall be provided by the owner in regards to mnounts of flanunable/combustible liquids stored onsite. 4. Provide details of pedestrian protection and traffic control measures, includes construction fence per code. Site inspection before construction is required. 5. Provide verification that the existing underground gasoline tanks m'e in fact reuseable. 6. If counters or windows are provided for sales or distribution of goods or ser¢ices, or to provide infom~ation or registration to the general public, five percent (5°.4) but not less than one, of each type of counter or window shall have a partition of ~ -2834- r~ orinted on recvnl~d r~n~r the main counter that is at least 36 inches in length with a maximum height of' 36 inches above finish floor. Accessible counter shall be: a. Provided in a prominent location b. Located on an accessible route c. Evenly dispersed throughout the building Please call me at (952) 442-7520 if you have may questions regarding this letter. Sincerely, Ronald Ericson Building Inspector Cc: Sarah Smith, Conmaunity Development Director City of Momad Greg Pederson, Fire Chief City of Mound Je~my, Billing Waldron and Associates P_E/em -2835- , x,,t, [11 I 5341 Maywood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 CONDITIONAL USE PERMIT APPLICATION Application Fee and Escrow Deposit required at time of application. PLANNING COMM. DATE CASE NO. ~) ~ "Z~G CITY COUNCIL DATE: DL~trihufinn' City Planner: ~ Public Works: City Engineer: Parks: Please type or tint the following in ormafion: Fire Dept.~_________~ · PROPER~ Sub~ectAdd,ess ,~'7 5'/~O.~l,~e INFORMATION Name of Business ~x,.~x ~ CL..;~,,t.,L. ~ ~ r C ~ LEGAL ' '' ' * . z .' ~l ~>~, ~BIock DESCRIPTION ~.viy ~, o~ ~~ &'~ q Subdivision PID~. APPLICANT The applicant is: Owner~Other: ~~X/~~~1~'~}~,., /' E-Mall Address'T~>~X ~LZc~ ~ Fax ~[--q~- (if other than Address appllcant) Phone(H) m(~r/~3 ~7~ (M) Name _~ ARCHITECT, SURVEYOR, Address OR ENGINEER Phone (H) ~ (M) Circle: R-1 R-lA R-2 R-3 ~ B-2 B-3 ZONING DISTRICT . , ';'-I Z O Conditional Use Permit Application Page 1 of 2 -2836- EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts){,,/ t t . ~ I -- ' ! ,- If appl cable, a development schedule shall be attached to this application providing reas~3~le guarantees for the completion of the proposed development. Estimated Deve opment Cost of the Project: ~'~., Oo~ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? (~"yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. ~pplication must be signed by all owners of~/~ubject property, or,~explanation given why this is not the case. Print Applicant's Name~ Print Owner's Name Owner's Signature Date Print Owner's Name Owner's Signature Date City Code Section 350:525 relating to Conditional Use Permits must be reviewed by the applicant. If applying for a twO family reviewed by the applicant.. Conditional Use Permit Application Page 2 of 2 dwelling, City Code Section 350:630, Subd. 4. must be -2837- ill IT1 -2838 --T I ! ! I ! I -2839- ~ =l -2840-.__ / - 28.41 i~:~SOdOl:ld- ~V'ld ~lO0'ld -2842- -2844- O0 O0 OD OOO O0 ~00 j -2845- l -2846- E)N4J~I{3 "lOIn, NO3 S~lHd'Cd~ 'V'DI~I~I~4flS -2847- -2848- t -2849- rl'l Idp! 5341 Maywood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: September 22, 2004 SUBJECT: Conditional Use Permit - Municipal Water Wellhouse APPLICANT: City of Mound ADDRESS: 6139 Evergreen Road PLANNING CASE NUMBER: 04-24 PID: 23-117-24-24-0011 ZONING: R-1 Single-Family Residential COMPREHENSIVE PLAN: Residential SUMMARY The City Council will hold a public hearing for review of an application for a Conditional Use Permit submitted by the Public Works Department on behalf of the City of Mound to allow construction of a new municipal wellhouse structure at 6139 Evergreen Road. According to City Code Chapter 350:640, Essential Service Buildings are a conditional use in all Zoning Districts and are defined in City Code Chapter 350:310 as follows: "Any building or similar structure designed and constructed to house or serve an Essential Service or public utility and necessary for the operation thereof. The term includes, without limitation, publicly -owned water well houses, sewer lift stations and water towers." The wellhouse, as proposed, will house the new municipal well and related equipment which was constructed in 2003. Additionally, space will also be provided to accommodate cellular phone equipment which is currently located on the water tower site in Sorbo Park. Specific details regarding the project are outlined in the application and project plans that have been provided. CONDITIONAL USE PERMIT REVIEW CRITERIA In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed land use upon the health, safety, morals and general welfare of occUpants of surrounding lands. Members of the Planning Commission are advised that the conditional use permit review criteria are contained in City Code Chapter 350:525 Subd. 1. -2851 CUP REVIEW PROCEDURE City Code Chapter 350:525 Subd. 3 (B) requires that all requests for conditional use permits are reviewed by the Planning Commission. Additionally, City Code Chapter 350:535 Subd. 3 (C) requires that a public hearing is held by the City Council. Procedurally, state statute requires that the planning agency and/or governing body must hold a public hearing on all requests for conditional use permits and further requires that a Notice of Public Hearing is published at least (10) days in advance of the public hearing and is also mailed to all property owners within (350) feet. Members of the City Council are advised that the Notice of Public Hearing was published in the Laker on September 18, 2004 and was mailed to all property owners on September 16, 2004. 60-DAY PROCESS The conditional use permit was received and deemed to be complete on September 2, 2004. Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny a land use request. ISSUES ANALYSIS Zoning. The subject site is zoned R-1 Single Family Residential. According to the City Code, Essential Service Buildings are allowed in all Zoning Districts upon approval of a conditional use permit. As set forth in City Code Chapter 350:455, Subd. 2, Essential Service Buildings are not subject to the lot area, lot width, and coverage and setback requirements. However, the City may place design, size, location and coverage restriction on any conditional use permit and may require that the coverage and setbacks conform as close as practical to those otherwise required in the district. The R-1 District standards are outlined below: Lot Area Wk;i;, / Depth Front Side Rear - Setback Setback(s) Setback R-1 10,000 SF 60 FT / 80 FT 30 FT 10 / 10 15 FT Members of the Planning Commission are advised that the proposed location of the wellhouse significantly exceeds the minimum setback provisions of the R-1 District. Comprehensive Plan. The Future Land Use Map included in the Mound Comprehensive Plan guides the property for future residential use. -2852- Landscaping. A proposed landscaping plan was submitted as part of the application materials. The landscaping plan was reviewed by Public Works Director Carlton Moore. who indicated that the proposed plan was appropriate for the project. Members of the Council are advised that Mr. Moore is a registered landscape architect. Acceptable Building Materials. According to City Code Section 350:790, Subd. 3, no building permit shall be issued for any commercial or industrial structure that contains unadorned, pre-stressed concrete panels, concrete block or sheet metal, either corrugated or plain. Acceptable building materials include wood, stone, brick, block or concrete that incorporates significant textured surfacing, exposed aggregate or other patterning. The use of metal on building materials is to be limited to the trim detailing and/or the use of metal and glass in curtain walls. Architectural metal roof systems and canopies are permitted. The structure, which will be constructed with rock face block on the bottom and burnished block on the top, includes a pitched roof and a number of architectural details including window shutters, asphalt shingles, and the use of clapboard-style siding within the roof system so as to blend with the existing neighborhood. The colors proposed for the block are reddish brown and tan. STAFF REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. Comments received are outlined below: Building Inspections DISCUSSION A building permit will be required including the submittal of all required information. The City purchased the subject property in 2003 from an adjacent property owner for the purpose of installing a new well. The well site is located immediately adjacent to the existing water tower on the west side of Sorbo Park. The proposed building is approximately 1233 square feet. The most significant issue associated with the application is compatibility with the neighborhood. The building has been designed to blend with the existing homes. ^ detailed landscaping plan was prepared for the project and was designed to soften the edges of the building as well as to enhance the site. -2853- The site is well vegetated on the south side which helps to buffer and screen the wellhouse. Additionally, there are a number of mature trees located on the west side. Hardcover on the subject property is approximately (14) percent and is therefore under the 40 percent allowance for "lots of record." Access to the wellhouse will be provided via a new driveway on Evergreen Road which will be constructed on the east side of the property. STAFF RECOMMENDATION Staff recommended approval of the Conditional Use Permit to allow construction of a new wellhouse at 6139 Evergreen Road subject to the following conditions: The landscaping plan shall be subject to review by the Planning Commission and approval by the City Council. The City shall be responsible for all required permitting activities All use, development, construction and operation requirements and standards of the Mound City Code shall apply to and regulate the property in all respects. 4. Additional comments from the Planning Commission, City Council and Staff. PLANNING COMMISSION REVIEW / RECOMMENDATION The conditional use permit application for the new well house was reviewed by the Planning Commission at its September 13, 2004 meeting. Based on its review, the Planning Commission recommended approval of the CUP as recommended by Staff. Details regarding the Planning Commission's review of the application are contained in the September 13th meeting minute excerpts which have been included as an attachment. Additionally, a draft resolution based on the Planning Commission's recommendation has also been included for review and consideration. -2854- CITY OF MOUND RESOLUTION # 04- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR CITY OF MOUND TO ALLOW CONSTRUCTION OF NEW MUNICIPAL WATER WELLHOUSE STRUCTURE AT 6139 EVERGREEN ROAD P & Z CASE # 04-24 PID: # 23-117-24-24-0011 WHEREAS, the City Of Mound has submitted a Conditional Use Permit application to allow construction of a new well house building to be constructed at 6139 Evergreen Road; and WHEREAS, as proposed, the structure will house the new municipal well which was constructed in 2003 and related equipment. Space will also be provided to accommodate cellular telephone equipment which is currently located on the water tower site in Sorbo Park; and WHEREAS, the subject site is R-1 Single Family Residential; and WHEREAS, as set forth in City Code Chapter 350:640, Essential Service Buildings are allowed in all Zoning Districts in the City of Mound upon approval of a conditional use permit; and WHEREAS, City Code Chapter 350:310 defines an Essential Service Building as follows: "Any building or similar structure designed and constructed to house or serve an Essential Service or public utility and necessary for the operation thereof. The term includes, without limitation, publicly -owned water well houses, sewer lift stations and water towers." and; -2855- WHEREAS, as set forth in City Code Chapter 350:455, Subd. 2, Essential Service Buildings are not subjflc:t to the lot area, lot width, coverage and setback requirements of the R-1 District. However, the City may place design, size, location and coverage restrictions and may require that the coverage and setbacks conform as close as practical to those otherwise required in the district.; and WHEREAS, the Planning Commission reviewed the conditional use permit request at its September 13, 2004 meeting and voted unanimously to recommend approval of application as recommended by Staff subject to conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: The City does hereby approve the conditional use permit and makes the following findings of fact: a. The proposed setbacks for the new well house exceed the minimum standards of the R-1 District b. The publication and mailing requirements for the public hearing as set forth in the City Code were satisfied. c. The building has been designed to blend with the existing homes. d. The landscaping plan was designed to soften the edges of the wellhouse and to enhance the subject site. e. The site is well vegetated on the south side which helps to buffer and screen the wellhouse. Additionally, there are a number of mature trees located on the west side which also helps buffer adjacent uses. f. Hardcover on the subject property is approximately (14) percent and is therefore under the 40 percent allowance for "lots of record." The conditional use permit is approved subject to the following conditions: a. The City shall be responsible for all required permitting activities b. All use, development, construction and operation requirements and standards of the Mound City Code shall apply to and regulate the property in all respects. c. Additional comments from the Planning Commission, City Council and Staff. -2856- d. All use, development, construction and oper. ation requirements and standards of the Mound City Code shall apply to 'and regulate the property in all respects. e. Grading and drainage plans shall be subject to review and approval by the City E.ngineer. f. All use, development, construction and operation requirements and standards of the Mound City Code shall apply to and regulate the property in all respects. This conditional use permit is approved for the following property: Refer To Exhibit A This conditional use permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County and shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted September 28, 2004 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk -2857- MINUTE EXCERPTS MOUND AD.VISORY PLANNING COMMISSION SEPTEMBER 13, 200 CASE #04-24 CONDITIONAL USE PERMIT NEW WELLHOUSE AT 6139 EVERGREEN ROAD CITY OF MOUND The City has submitted an application for a CUP to allow construction of a new municipal well house. The well house will house the new municipal well and related equipment that was constructed in 2003. Additionally, space will also be provided to accommodate cellular phone equipment that is currently located on the water tower site in Sorbo Park. Staff recommends approval of the CUP subject to the following conditions: 1. The landscaping plan shall be subject to review by the Planning Commission and approval by the City Council. 2. The City shall be responsible for all required permitting activities. 3. All use, development, construction and operation requirements and standards of the Mound City Code shall apply to and regulate the property in all respects. 4. Additional comments from the Planning Commission, City Council and Staff. .Discussion Bryan Oakley of MFRA introduced the project. Some of the important areas covered were the design integration into the residential neighborhood, provisions for occasional heavy equipment access for deliveries, preservation of existing trees and landscape features. Miller inquired about the sound created by a well house. Oakley indicated that the concrete construction absorbs sound better than wood construction. Allan Moran (6155 Evergreen Rd) gave some suggestions about the landscaping on the lot. He also confirmed with Oakley that the driveway area would be bituminous. He asked what the specific decibel level would be. Oakley did not know but said that the motor would be in the east half of the building and would be a premium quality, which tend to run quieter. The placement of the well house is to facilitate an addition to the north that is anticipated to provide for future treatment facilities. MOTION by Raines, seconded by Miller, to recommend Council approve the conditional use permit. MOTION carried unanimously. -2858- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE # 04-24 NOTICE OF A PUBLIC HEARING TO CONSIDER AN APPLICATION FROM THE CITY OF MOUND FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A NEW MUNICIPAL WELL HOUSE AT 6139 EVERGREEN ROAD NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota will meet in the Council Chambers, 5341 Maywood Road, at 7:30 PM on Tuesday, September 28, 2004 to hold a public hearing to consider an Conditional Use Permit (CUP) application from the City of Mound to allow construction of a new municipal well house building to be constructed at 6139 Evergreen Road. The property is generally identified as follows: PID No. 23-117-,24-24-0011 Copies of the application materials are available to the public upon request at City Hall. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. ~~in~g and Inspections Secretary Published in the Laker on September 18, 2004 crrY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 CONDITIONAL PERMIT APPLICATION' Application Fee and Escrow Deposit required at time of application. PLANNING COMM. DATE i~, ii~ ,,~ CITY COUNCIL DATE: j_?jI~ ~ CASE NO. DL~trihufinn' Y Please type or )rint the following information: PROPERTY Subject Address (~ I~D~ D ~/~ ~-- ~"~ ~- ~-"/~ ~-~) INFORMATION Name of Business ~,T'"7 C~ ~OrJO ~ ~~ ~ LEGAL Lot ~ t~ ~ U~ ~ Block Plat DESCRIPTION Subdivision PI~ '~-- II~- '~- APPLICANT The applicant is: Owner ~ Other '~' I~- [~ Name ~[ ~ ~ ~ ~ ~ ~ D Phone (H) ~ ~-~--~ ~ (M). E-Mail Address Fax ~'~ ' ~ --0~'~ ~ame OWNER (if other tha~ Address applicant) Phone (H). ~ (M) Name H ~~ ~~ ~>~> ~C' ~R~HITECT, SURVEYOR, ~ddm,s (SO~O ~ ~ ~ ~ ; ~~~~. OR ~ ENGINEER Phone (H) ~'~- ~ 7~- ~/O (M) ZONING Circle: ~ R-lA R-2 R-3 B-1 B-2 B-3 DISTRICT Conditional Use Permit Application Page I of 2 -2860- Description of Proposed Use: EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. [f applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ '~TOt ~ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes,~]~l~O. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be.signed by all owners of. the subject property, or,an explanation given why this is not the case. Print Owner's Name (~W~r's Signatur~e ' Date Print Owner's Name Owner's Signature Date City Code Section 350:525 relating to Conditional. Use Permits must be reviewed by the applicant. If applying for a two family dwelling, City Code Section 350:630, Subd. 4. must be reviewed by the aPplicant. Conditional Use Permit Application Page 2 of 2 -2861 - PROPERTY ADDESS: HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVER,AG E) OWNER'S NAME: LOT AREA LOT AREA SQ. FT. X 30% = (for all lots) SQ. FT. X 40% = (for Lots of Record) * Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350 1225 Subd. 6.B.1 (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH' SQ FT HOUSE - ~ X Z~.67 = ~ X = DETACHED BUILDINGS (GARAGE/SHED) TOTAL HOUSE .................................................... X = DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. TOTAL DETACHED BUILDINGS ................ ~ .............. X = X = DECKS Open decks (1/4' min. Opening between boards) with a pervious surface under are not counted as hardcover. TOTAL DRIVEWAY, ETC ........................................ X = X = X = %lZ! TOTAL DECK ....................................................... X = TOTAL OTHER ............................................. TOTAL HARDCOVER I IMPERVIOUS SURFACE ................................................... U~/OVER (indicate difference) ' PREPARED BY ~ Revised 01/22/04 DATE, -2862- Property Information Search by Property ID Result page Hennepin County, HN Page 1 of 2 Search By: Property ID: 2311724240011 search Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Parcel Data for Taxes Payable 2004 23-117-24-24-0011 6139 EVERGREEN RD MOUND 277 Construction year: 3 Parcel Size: 150 X 140 CITY OF MOUND CITY OF MOUND 5341 MAYWOOD RD MOUND MN 55364 Most Current Sales Tnformation Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: 3une, 2003 Sale Price: $115,000 Transaction Type: Vacant Land Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description UNPLATFED 23 117 24 E 150 FT OF THE W 330 FT OF THE S 165 FT OF GOVT LOT 3 EX ROADS Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2004 Values Established by Assessor as of January 2, 2003 Estimated Market Value= Limited Market Value= Taxable Market Value= Total Improvement Amount= Total Net Tax= Total Special Assessments: Solid Waste Fee: Total Tax: Property Information Detail for Taxes Payable 2004 9/9/2004 http://www2.co.hennepin.mn.us/pins/pidresult-j sP - 2863- . L, [11 Property Information Search by Property ID Result page Page 2 of 2 Values Established by Assessor as of January 2, 2003 Values: Land Harket Building Market Machinery Market Total Harket: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status NON- HOMESTEAD EXEMPT 23059 Hennepin County is providing this information as a public service. Tax related questions: t.a_.x_i_n_fP_@_cp.h~e~n_~_epi_n_.._m_n_._Us Need help locating a property on our site? Check out our S~e.a___r.~_h_Tjp~ H_om~e_ I _Y_ou_Er _C:_op_n.~r__nme___n_t E_~pl~lgy_rn_e_n_t ~& V_ qu__n_te_ering J Health~_Housi_n~gL & Social Services J La.w_~ Pub ic Safety~_~ Courts I Environment, Prgg_.e~_~y~ & Tran._s~ortation Copyright © 2004 Hennepin County, Minnesota I www. Hennepin.us A_.c_c_e_s_~i_bil_it_y_Pol~i¢~y j C~on~ta~c_t_H~ee~n_ C:_9_uD_ty J _Se__c_uri~Y P~Pdya__cy~._S_t_at_~.e_ment htrn~//~ ~,n he, nne, nin,rnn n.~/nin.~/nidre,,~nlti;n -2864- Hennepin County Map Server Hennepin County, MN Click on map to view information on adjoining properties Scroll down to see property address, value & tax info . . 150 L I Property ID 23-117-24-24~011 Property Address 6139 EVERGREEN RD Zoo" Last update: 9/03/2004 at 1:00 PM READ IMPORTANT DISCLAIMER INFORMATION BELOW Approximat~ Approximate Property Perimeter Property Area 20,850 sq.ft. = 0.479 8cres Total Tax (2004) 578 ft. Market Value MOUND, MN 55364 Click on Property Information Button below to view main tax information page for the property you have selected $ .00 Page 1 of 1 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can on y be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618 or via e-mail at B o b. Mg.g I d e [~,Ao_ ~h_e_ _n Q e~oj_n_, _m_n~._u~ s_ ~-h~ '~luality of the display ~y b~ influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation. Copyright © 2004 Hennepin County http://wwwl 9.co.hennepin.mn.us/scripts/esrimap'dll?name=Hennepin&emd=Find&VALUE=2311724240... 9/9/2004 -2865- -286( I ~> 0 z © -2869- Engineering Planning Surveying September 23, 2004 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound 2004 Street Reconstruction Project Preliminary Assessment Roll MFRA #14615 Dear Mayor and Council Members: As requested, we submit herewith the Preliminary Assessment Roll for the 2004 Street Reconstruction Project. The amount to be assessed has been calculated as follows: Construction Cost Contract Change Order No. 1 Revised Contract Total Less Amounts to be paid by Utility Funds (Water, Sanitary and Storm Sewer) Subtotal Contingency (2%) Total Construction Cost Engineering, Legal, Fiscal and Administration Cost (30%) Total Project Cost to be Assessed and/or Paid by the City $1,031,102.70 $.. 12,975.00 $1,044,077.70 ($ 443,758.38) $ 600,319.32 $ 12,006.39 $ 612,325.71 $ 183,697.71 $ 796,023.42 -2870- 15050 23rd Avenue North o Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mail: mfra@mfra, com Honorable Mayor and City Council Members September 23, 2004 Page 2 Please note that a two percent contingency has been included in the construction costs to cover any extra work that may be required. This project is still under construction; however, we hope to have substantial completion and final numbers by the time the assessment hearing is held on October 26, 2004. The final numbers can be adjusted down at that time, if the contingency is not required. The amount of the proposed assessment cannot be increased after the legal notices are published and mailed to the property owners. The improvements to the City's utilities have been deducted from the project cost and will be paid from the respective utility fund. Mill and Bituminous Overlay Section Total Cost City Share = $182,609.44 x 1/3 = Homeowner Share = $182,609.44 x 2/3 = $ 182,609.44 $ 60,869.81 $ 121,739.63 Cost Per Unit to be Assessed $121,739.63 + 71-1/2 units - $ 1,702.65 per unit Section with new Concrete Curb, Street Reconstruction~ Street Repairs, and Bituminous Overlay Cost of Curb and Gutter per Lineal Foot (L.F.) to be Assessed $130,432.77 + 11,148.1 LF = $ ll.70/L.F. Remaining Cost to be Assessed City Share = $482,981.21 x 1/3 = Homeowners Share = $482,981.21 x 2/3 = $ 160,993.74 $ 321,987.47 Cost Per Unit to be Assessed $321,987.47 + 103.75 units = $ 3,103.49 per unit The Feasibility Report prepared in November 2003 included a much larger project, which was reduced in scope at the Public Hearing held on December 23, 2003. The reduction in the project size produced a negative effect on the per unit costs that are used for this Preliminary Assessment Roll, even though the bid prices were lower than anticipated. The estimated cost per unit in the Mill and Overlay Section was $1,465. The final per unit cost of $1,702.65 is higher because the area eliminated from the project had much smaller lots, leaving fewer units, with greater frontage to spread the final numbers over. The section with new concrete curb, street repairs and bituminous overlay was estimated to cost $2,582.00 per unit in the Feasibility Report. A number of streets required more repair work then was anticipated increasing the unit charge of the assessment to $3,103.49. The cost of the concrete curb and gutter at $11.70/LF was less then the $12.87/LF contained in the Feasibility Report. The Feasibility Report indicated a typical assessment for a 100 foot wide lot would be $3,869. The Preliminary Assessment Roll attached shows this same 100 foot lot would be assessed for $4,273.49. -2871- Honorable Mayor and City Council Members September 23, 2004 Page 3 If you have any questions or need additional information on anything in the assessment roll, please contact us. Sincerely, MFRA John Cameron, City Engineer JC:rth Attachment cc Carlton Moore, Public Works Director s:~nain:hmou 14615~eports~Assessment ro119-23 -2872- O~ -2873- 0(1) ~. -2874- 0 0 0 O~ -2875- -2876~ -2877- -2878- WHI ~tract construction to be incurred i~ total, cost of the ir / /decl~red/~0?be / benefited pro~y~'~y ow . ASso~ s~ll be OF RESOL -'SOLUTION DECLARING CO: PREPARATION OF 2004 STi~EET REC( for t~ is such imp be $1,23! such im and th re /ith tf proper s Jncil thereof. ,/ by the City the ado assistan speci ;ce or p as it in her e Attest: I~onnie Ritter, City Clerk of Project~.. ;nses incurred o~ 10 sPthatthe 't / paid by the City is hereby trion Of the be asSessed against~ be' $796,023 ,,, / annual ents exto over a / ments to be first at th, per ~ment add of )ection. ~ the Pat Meisel - 2879 CITY OF MOUND RESOLUTION NO. 04- RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON 2004 STREET RECONSTRUCTION PROJECT WHEREAS, a contract has been let for the 2004 Street Reconstruction Project and the construction cost for such improvement is $'1,044,07'7.7'0, and the expenses incurred or to be incurred in the making of such improvement amount is $328,83'1.6'1 so that the total cost of the improvement will be $'1,37'2,909.3'1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound: '1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $7'9'1,5'19.97 and the portion of the cost to be assessed against benefited property owners is declared to be $58'1,389.34. 2. Assessments shall be payable in equal annual installments extendin§ over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2005, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Consultin9 En§ineer, shall forthwith calculate the proper amount to be specially assessed for such improvement a§ainst every assessable lot, piece or parcel of land within the district affected, without re§ard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 28th day of September, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel CITY OF MOUND RESOLUTION NO. 04- RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 2004 STREET RECONSTRUCTION PROJECT WHEREAS, by a resolution passed by the Council on September 28, 2004, the City Clerk was directed to prepare a proposed assessment of the cost of the 2004 Street Reconstruction Project, AND WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A hearing shall be held on the 26th day of October, 2004, in the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Mound, except that no interest shall be charged if the entire assessment is paid with 30 days from the adoption of the assessment. The property owner may at any time thereafter, pay to the City of Mound the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. Adopted by the City Council this 28th day of September, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel ] -2880- THIS PAGE IS iNTENTIONALLY LEFT BLANK -2881 - :- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM From: Date: Subject: Honorable Mayor and City Coundl Cadton Moore, Director of Public Works / Engineering Coordinator September 28, 2004 Cooperative Construction Agreement with Metropolitan Council Environmental Services Transit for relocation of the 1_25 Lift Station and gravity line. Background The proposed redevelopment of downtown Mound requires the relocation of the existing Metropolitan Council Environmental Services ( MCES ) lift ( 1_25 ) station. The existing lift station is located in the Northwest comer of Belmont and Shoreline Drive and is located in the area of the proposed hotel. The MCES plans to extend the gravity line to the West approximately 1000 feet. This location will facilitate future redevelopment and extension of the MCES gravity line without additional relocation costs in the future. The relocation of the lift station requires that a cooperative construction agreement be executed which identifies the roles and obligations of both agencies. Agreement The major points of the agreement are as follows: · The City will acquire the necessary property for the proposed project · The City will dedicate easements for the proposed gravity line and lift station · The City will issue any permits for the project · MCES will design, build and pay for all costs for the project including connection to local sewer lines · MCES will pay for any building demolition costs · MCES will own, operate and maintain the improvements · The City and MCES can opt out of the agreement subject to termination clauses and payment of fees It is anticipated that construction on the gravity line could begin early next year and be completed in July of 2005. This schedule allows for the hotel project to begin construction in the summer or fall of 2005 as is proposed in the hotel development agreement. Recommendation It is recommended the Council adopt the attached resolution authorizing execution of the Construction Cooperative agreement with the Metropolitan Council Environmental Services for the relocation of the L25 lift station. It is also recommended the Council authorize negotiations for the purchase of the property required for the lift station and gravity line. -2882- CITY OF MOUND RESOLUTION NO. 04-__ RESOLUTION AUTHORIZING EXECUTION OF THE COOPERATIVE CONSTRUCTION AGREEMENT BETWEEN THE CITY OF MOUND AND THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES WHEREAS, the proposed redevelopment of downtown Mound requires the relocation of the existing Metropolitan Council Environmental Services (MCES) lift (L25) station; and WHEREAS, the existing lift station is located in the Northwest corner of Belmont and Shoreline Drive and is located in the area of the proposed redevelopment; and WHEREAS, the MCES plan to extend the gravity line to the West approximately 1000 feet will facilitate future redevelopment and extension of the MCES gravity line without additional relocation costs in the future, NOW, THEREFORE BE IT RESOLVED by the City Council to authorize execution of the Cooperative Construction Agreement with the Metropolitan Council Environmental Services for the relocation of the L25 lift station and gravity line, BE IF FURTHER RESOLVED by the City Council to authorize negotiations for the purchase of the property required for the lift station and gravity line. Adopted by the City Council this 28th day of September, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -2883- Execution Copy CONSTRUCTION COOPERATION AGREEMENT THIS AGREEMENT, made and entered into this day of ,2004, by and between the CITY OF MOUND, a municipal corporation under the laws of the ~tate of Minnesota, hereinafter referred to as "Mound," and the METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of Minnesota, hereinafter referred to as the "Council." WITNESSETH: RECITALS The Hennepin County Department of Transportation intends to implement improvements to County State Aid Highway (CSAH) 15 within the City of Mound. The CSAH 15 construction will occur during 2004. Mound is planning a redevelopment of the downtown area following the abandonment of the original alignment for CSAH 15 between Belmont Lane and CSAH 110. The Council will have to temporarily relocate L-25 lift station and forcemain facilities to allow the redevelopment of the downtown area of Mound to occur as planned by Mound. Mound will let contracts for downtown development improvements that include demolition and reconstruction of new utilities, roadway improvements, and commercial facilities. o The Council has determined that the MCES Lift Station L-25 and forcemain facilities, presently 40 years old, are at the end of their useful lives; and that a replacement facility will be required in the near future. The Council is presently preparing a Facility Plan to reconstruct the 6~MO-650 interceptor and the L-38 lift station to eliminate the need for Lift Station L-25. A temporary relocation of lift station L-25 is required to accommodate City redevelopment plans. Temporary relocation by the Council of Lift Station L-25 may require extension of Mound local sanitary sewers to the Council's gravity interceptor. Mound will coordinate and complete such extensions of Mound's local sanitary sewers. The Council and Mound deem it beneficial to address in this Agreement the terms and conditions for and the responsibilities of each of the parties to this Agreement with respect to construction of the Council's temporary L-25 lift station and forcemain facilities and extension of Mound's local sanitary sewers to the Council's gravity Interceptor. Pursuant to Minnesota Statutes § 471.59, the Council, by action passed on .January 22, 2002 authorized its Regional Administrator to negotiate and execute a construction cooperation agreement with the City of Mound for relocation of L-25 lift station and JBD-247624v12 MU200-92 -2884- forcemain facilities in Mound and extension of Mound's local sanitary sewers to the Council's gravity interceptor; and Mound, by City Council Resolution No. __ , authorized its officials to execute a construction cooperation agreement with the Council for construction of temporary L-25 lift station and forcemain facilities in Mound and extension of Mound's local sanitary sewers to the Council's gravity interceptor. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Purpose Of Agreement The purpose of this Agreement is to set forth the terms and conditions for and the responsibilities of each of the parties to this Agreement with respect to the construction by the Council of the Council's temporary L-25 lift station and forcemain facilities in Mound and, extension of Mound's local sanitary sewers to the Council's gravity interceptor. II. Definitions "Council Project" is the construction of the Council's lift station and interceptor facilities by the Council and is referred to as the "Phase I Council Project" identified by the Council as MCES Project 802830 Phase I Council Project and consists of the following: a. Design and construction of the temporary lift station replacement of the Council's L-25 lift station facilities. b. Design and construction of gravity interceptor to the temporary lift station site. c. Design and construction of a connection between the temporary lift station and Council's existing forcemain. d. Demolition and abandonment of the Council's existing L-25 lift station and forcemain. The location of the Council Project is shown on Exhibit A attached hereto and made a part hereof. "Temporary Facilities" is the portion of the Phase I Council Project which consists of the construction by the Council of the temporary replacement L-25 lift station facilities and consists of the following: a. Construction of the wet well substructure. b. Construction of forcemain connections to both existing 10 and 16-inch forcemains. c. Installation of all pumping eq~pment and ancillary mechanical piping and supports. d. Installation of all electrical switchgear, supervisory control, and communications equipment and services. JBD-247624v 12 MU200-92 2 -2885- o "Phase II 6-MO-650 Project" is the reconstruction by the Council of the 6-M0-650 /nterceptor west of the Temporary Facilities and consists of the following: a. Construction of a gravity sewer or combination ofperrnanent lift station and gravity sewer to extend to the existing Council lift station site L-38. b. Demolition and abandonment of the Council's Temporary lift station and associated forcemain. III. Preliminary Design The Council will prepare and submit to Mound for it's review and approval, a preliminary design document, detailed construction estimate and schedule for the Phase I Council Project. Mound agrees that it will review the preliminary design document in a timely manner and will not unreasonably withhold approval. The aforesaid preliminary design document must be acceptable to both Mound and the Council in the following respects: o The Phase I Council Project is located at a position and grade that meets Mound's requirement for furore development and ouncfl s reqmrements for construction and effective operation of the Phase I Council Project and Phase II 6-MO-650 Project. The Phase I Council Project temporary and permanent easement limits shown on Exhibit C meet the requirements of Council for construction, operation, and maintenance of the facilities. The Phase I Council Project employs pumping, control, and power backup equipment that meets the Council's requirements for reliable service. The Phase I Council Project site elements are funct' and accessible to C · , . ~onal ouncfl s operation workers, equipment, and vehicles. The Council's existing L-25 lift station and facilities will remain operational until the Phase I Council Project including the Temporary Facilities becomes fully operational. IV. Final Design The Council will not proceed to prepare final construction documents until Mound has approved the preliminary design document for the Phase I Council Project, construction estimate and schedule in writing. The Council will prepare and submit to Mound for its approval a final construction cost estimate and final construction documents, which will include plans, specifications and a proposed construction schedule for the Phase I Council Project. The Council will submit fmal JBD-247624v12 MU200-92 -2886- construction documents and schedule to Mound along with applications and fees for any required ' permits or other approvals. Mound agrees that it will review the final construction documents in a timely manner and will not unreasonably withhold approval of any permits, licenses or other approvals necessary for construction of the Phase I Council Project. The aforesaid final construction documents will provide that the Phase I Council Project shall be constructed according the Council Project requirements as described and shown in the preliminary design document approved by Mound and in accordance with Section III. V. Contracting The Council will advertise for bids for the construction of the Phase I Council Project, receive and open bids pursuant to said advertisement and enter into a contract with a successful bidder at the unit prices specified in the bid of such bidder, and construct the Phase I Council Project in accordance with the construction documents. VI. Construction Administration/Ownership of Facilities The Council will administer the contract and inspect the construction of the contract work for the Phase I Council Project. The Phase I Council Project will be owned, operated and maintained by the Council. VII. Connection of Local Sewers The parties recognize and acknowledge that the Phase I Council Project may require extension of Mound's local sanitary sewers to the Council's gravity interceptor; and that all costs and expenses connected with such work are to be borne by the Council. VIII. Payment of Project Costs Construction Costs. The Council shall be responsible for all of the costs of construction of the Phase I Council Project and local sewer connections, including, without limitation, the payment of any required fees. As of the date of this Agreement, the cost of construction of the Temporary Facilities, local sewer connections, administration, design and demolition is estimated to be $311,300.00 which estimate consists of the following estimates: a. Construction Cost b. Administration, Design Services and Construction Observation related to and incurred as a result of the construction of the Temporary Facilities and local $216,300.00 JBD-247624v12 MU200-92 4 -2887- sewer connections not to exceed 20% of actual construction costs of the Temporary Facilities and local sewer connections c. Demolition Total estimated construction costs: $50,000.00 $45,000.00 $311,300.00 A detailed estimated itemization of construction costs is set forth in Exhibit B attached hereto and made a part hereof. _Acquisition Cost. Subject to the provisions contained in Article XI of this Agreement, Mound will be responsible for all costs and expenses incurred in connection with the acquisition of the lands and easements necessary for the Phase I Council Project. As of the date of this Agreement, the costs of acquiring land is estimated to be $425,000. Out Option The Council will provide Mound with advance written notification of its intention to make a notice of award of the construction contract for the Phase I Council Project at least 10 days prior to the date of such notice of award. Mound may notify the Council in writing at any time before notice of award of the construction contract of the Phase I Council Project to discontinue the Phase ]~ Council Project. Such notice to Council to discontinue the Council Project by Mound shall be provided to Council's General Manager according to paragraph XX and the Council's project manager. Assuming timely notice to Mound as provided above, Mound shall have no right to request discontinuance of the Phase I Council Project after the Council has issued a notice of award of contract. In the event Mound provides such notice to discontinue the Phase I Council Project to the Council, Mound shall reimburse the Council for claims and expenses according to the following schedule: If termination occurs prior to notice of award for construction of the Phase I Council Project, Mound shall reimburse the Council for actual administration and design services related to and incurred as a result of the Phase I Council Project. Reimbursement shall not exceed an mount equal to twelve percent (12%) of the lowest responsive responsible Project bid price. If termination occurs prior to receiving bids, the reimbursement shall not exceed an amount equal to twelve percent (12%) of the approved Phase I Council Project construction cost estimate. Upon such termination, Mound will retain title to the Property. JBD-247624v12 MU200-92 5 -2888- Council may notify Mound in writing at any time before or during construction of the Phase I Council Project that Council will discontinue the Phase I Council Project. Such notice to Mound to discontinue the Council Project by Council shall be provided t° Mound's City Manager according to paragraph XX. In the event Council provides such notice to Mound that Council will discontinue the Phase I Council Project, Council shall reimburse to Mound its costs for all land and easement acquisitions necessary for the Phase I Council Project incurred to the date of notice of such election, and including (i) the cost of legal, title, appraisal, environmental and survey work required in connection with the acquisition; (ii) expenses incurred by the City in connection with any voluntary purchase of the Property; and (iii) any costs or expenses incurred by the City in connection with any legal proceeding to acquire title to the Property, including attorneys fees and any other amounts awarded to the owner as a consequence of City's dismissal of condemnation proceedings due to Council's notice. Such costs to be reimbursed by Council specifically exclude the amounts paid to owners and/or encumbrancers to obtain fee title, and easements and excluding relocation benefits payable as a result of the acquisition whether a voluntary acquisition or by condemnation. Xe Permits/Environmental Responsibility Subject to the responsibilities of Mound as provided in this Section X with respect to hazardous wastes, the Council will obtain and bear all costs for obtaining all applicable permits necessary for the construction of Phase I Council Project. Subject to the responsibilities of Mound as provided in this Section X, and subject to the right of the Council to discontinue the Phase I Council Project as provided in Section IX, acceptance of the easements and the giving of notice of award for construction of the Phase I Council Project constitute a representation by the Council that at the time of such acceptance of easements and giving notice of award there are no environmental conditions known or reasonably knowable which would prevent the construction, operation or maintenance of the Phase I Council Project. With respect to the Phase I Council Project, if hazardous wastes, pollutants or contaminants as those terms are defined under any federal, State of Minnesota or local statute, ordinance, code or regulation exist on the Property described in Exhibit F on which Mound is to provide temporary and permanent easements to the Council as shown in Exhibit C, Mound shall not hold the Council responsible for any such condition and the Council shall have no responsibility, present or future, for any response, remedial action, monitoring or reporting requirements under any federal, State of Minnesota or local law with respect to those environmental conditions, except as to environmental conditions that result from activities directly attributable to use of the easements by Council. To the extent that any such environmental conditions are found that will require any response or remedial action, monitoring or reporting requirements under any local, State of Minnesota or federal law, Mound shall utilize its best efforts to secure compliance of such response, remedial JBD-247624vI2 6 MU200-92 -2889- action, monitoring and reporting requirements and shall apply for and shall have the Council named as beneficiary in any and all no association letters, no action/no further action letters and other environmental regulatory assurances required for or applicable to the site. Nothing in this paragraph shall be deemed to require that Mound accept responsibility for any environmental conditions that would not be Mound's responsibility under applicable law. The provisions of this paragraph shall survive the termination of this Agreement. As of the date of this Agreement, Mound has received no notice or communication from any local, State of Minnesota, or federal agency or official stating that the Property described in Exhibit H for which Mound is to provide temporary and permanent easements to the Council as shown in Exhibit C may or will be in violation of any local, state or federal environmental law, regulation or review procedure and that Mound is aware of no facts with respect to these properties, the existence of which would cause Mound to be in violation of any local State of Minnesota or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Act. Acquisition of Land and Provision of Easements A. Acquisition of Certain Property The City agrees to acquire fee simple title to the parcel and tract of land described in Exhibit F [Johnson Property], (the "Property") in order to provide to Council easements necessary for the construction, operation and maintenance of the Phase I Council Project, including ingress and egress to the Council Project. Such acquisition will be for the purpose of providing the location of the temporary lift station, sewer lines connecting to the lift station, gravity line interconnections to the temporary lift station, and ingress and egress to and from the temporary lift station and other public purposes. The City shall do such acquisitions in compliance with federal law, if applicable and state and local laws and ordinances, including, if applicable relocation benefit requirements. B. _Easements_ Mound shall provide to the Council temporary and permanent easements shown in Exhibit C necessary for the construction of the Phase I Council Project at no cost to Council. It is further agreed that the limits of the temporary and permanent easements as shown in Exhibit C and set forth in this paragraph are an estimate of easement limits and the exact easement limits shall be set forth in the preliminary design document. The Council shall prepare all easement surveys and easement descriptions. The permanent and temporary easements shall be granted to the Council as grantee and shall be in recordable form with substantially the form and content of the Easement attached hereto and made a part hereof as Exhibit D. JBD-247624v12 MU200-92 7 -2890- The Council, upon commissioning of the Temporary Facilities and demolition of the existing L-25 lift station site shall transfer the permanent easements for sanitary sewer purposes as described in Exhibit E attached hereto and made apart hereof to Mound at no cost to Mound. The Council shall provide to Mound an easement survey and easement description for the easements described in Exhibit E. The transfer of easements for the Phase I Council Project from Mound to Council shall be subject to the following conditions: ao Temporary and permanent easements on City properties for the Phase I Council Project shall be provided to Council prior to the award of construction contract of the Phase I Council Project; and the Council agrees that it will not issue its notice of award until it has received all such easements. Temporary easements shall be provided to the Council for areas rededicated from Hennepin County to the City as required and shown on Exhibit C without delay once title to those areas has been established in the City. All records kept by the Council and Mound for the Phase I Council Project as shown on Exhibit A shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of Mound and the Council pursuant to this Agreement shall be governed by Minnesota Statutes, Chapter 13, as amended and the Minnesota Rules implementing such act now in force or hereinafter adopted. The Council agrees that any agreement or contract entered into by the Council for the performance of the Council Project as provided herein shall include clauses that will: 1) Require the Council's Contractor ("Contractor") to defend, indemnify, and hold harmless Mound, its members, officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) arising out of or by reason of the negligence of the said Contractor, its officers, employees, agents, or subcontractors; 2) Require the Contractor to provide and maintain insurance as provided in Exhibit F attached to and made a part of this Agreement and to provide to Mound prior to commencement of construction a Certificate of Insurance evidencing the insurance coverage required in Exhibit F and naming Mound as additional insured; and 3) Require the Contractor to be an independent contractor for purposes of completing the work provided for in this Agreement. XIVe Ail employees of the Council and all other persons engaged by the Council in the performance of any work or services required or provided for herein to be performed by the Council shall not be considered employees of the City of Mound, and any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of JBD-247624v12 8 MU200-92 -2891 - 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 said employees while so engaged, or any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of Mound. All employees of Mound and all other persons engaged by Mound in the performance of any work or services required or provided for herein to be performed by Mound shall not be considered employees of the Council, and any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State 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 said employees while so engaged, or any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. XV. 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 Council's and Mound's liability is governed by the provisions of Minnesota Statutes Chapter 466. The Council and Mound each warrant that they are able to comply with the aforementioned liability requirements through an insurance or self-insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. Applicable provisions of Minnesota and federal law and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Mound and the Council shall be considered a part of this Agreement as though fully set forth herein. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XVIII. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and JBD-247624v 12 MU200-92 9 -2892- enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision, term, condition, or covenant shall be construed by the other party as a waiver of a subsequent breach of the same by the other party. The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. XXe Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other party addressed as follows: METROPOLITAN COUNCIL - ENVIRONMENTAL SERVICES Atto: General Manager - Environmental Services Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 CITY OF MOUND Atto: Kandis Hanson, City Manager 5341 Maywood Road Mound, MN 55374 JBD-247624vl 2 MU200-92 10 -2893- IN TESTIMONY WHEREOF, the parties hereto have caused th/s Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF MOUND By Pat Meisel Its Mayor Date By. Kandis Hanson Its City Manager .Date Approved as to Form City Attorney METROPOLITAN COUNCIL By Approved as to Form Its Date Office of General Counsel JBD-247624v12 MU200-92 1 1 -2894- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: September 22, 2004 Re: 2712 Tyrone Lane - Nuisance Abatement Update Summary. At its September 15, 2004 meeting, the City Council discussed the uncompleted garage structure at 2712 Tyrone Lane. Due to the time which has elapsed since the issuance of the building permit(s) and because the structure lacks a roof and door and is therefore open and accessible, the Community Service Officer (CSO) determined that the structure violates City Code Chapter 1000 (nuisance ordinance.) Staff also informed the Council that the property owner contacted City Hall earlier that afternoon and stated that had telephoned the contractor to obtain a timetable regarding completion of the project and that he anticipated that work on the structure would be restarted as soon as possible. The City Council directed Staff to monitor the progress on the project and to report back at the September 28th meeting and also indicated that a resolution be prepared to begin the abatement process, if appropriate. Update. The following new information is offered regarding the garage project at 2712 Tyrone Lane: Both the property owner and contractor have been in regular contact with Staff regarding construction activities following the 9/15 Council meeting. · Tuck-pointing activities on the foundation have commenced. · Rafters have been set. · A proposed schedule for the roofing company is forthcoming and will be provided to Staff by the contractor upon receipt. · Based on field inspection by the Community Service Officer, favorable progress is being made on the site. · Due to demonstrated progress on the garage project, an abatement resolution has not been prepared. -2895- CITY OF MOUND BUDGET EXPEN0iTURF.$ REPORT Aug. 2004 66.67% GENERAL FUND Council Promotions City Manager/Clerk Elections Finance Assessing Legal City Hall Building & Srvcs Computer Police Emergency Prepardeness Planning/Inspections Streets Parks Cemetery Transfers Cable TV Contingencies GENERAL FUND TOTAL Area Fire Service Fund Dock Fund Capital Projects TIF 1-2 Water Fund Sewer Fund Liquor Fund Recycling Fund Storm Water Utility Aug. 2004 YTD BUDGET EXPENSE EXPENSE VARIANCE PERCENT EXPENDED 72,850 7,611 42,389 30,461 58.19% 3,750 0 3,750 0 100.00% 276,900 20,556 172,354 104,546 62.24% 13,460 200 1,380 12,080 10.25% 234,070 16,106 139,326 94,744 59.52% 79,300 6 77,892 1,408 98.22% 135,580 11,110 73,359 62,221 54.11% 124,270 5,748 94,315 29,955 75.90% 29,900 0 10,997 18,903 36.78% 1,301,340 78,829 810,803 490,537 62.31% 7,130 479 4,771 2,359 66.91% 367,880 5,179 185,525 182,355 50.43% 655,610 107,731 439,574 216,036 67.05% 331,930 36,719 225,348 106,582 67.89% 9,610 0 603 9,007 6.27% 256,690 31,944 255,552 1,138 99.56% 50,000 10,493 21,069 28,931 42.14% _6.07,250 _3,183 470.886 .! 36,364 _77.54% 4 557 520 335.894 3 029 893 I 527 627 638,140 22,562 261,275 376,865 40.94% 143,150 3,775 48,544 94,606 33.91% 0 271,447 1,500,857 (1,500,857) 0 1,393 387,670 (387,670) 687,240 59,632 421,908 265,332 61.39% 1,201,940 76,287 689,544 512,396 57.37% 559,800 59,981 352,558 207,242 62.98% 167,680 9,322 100,498 67,182 59.93% 96,870 25,562 62,155 34,715 64.16% Exp-02 09~08~2004 Gino -2896- CITY OF MOUND BUDGET REVENUE REPORT Aug. 2004 66.67% GENERAL FUND Taxes Business Licenses Non-Business Licenses/Permits Intergovernmental Charges for Services Court Fines Street Lighting Fee Franchise Fees G.O. Equipment Certificates Charges to Other Dpts Other Revenue TOTAL REVENUE FIRE FUND DOCK FUND MOUND HRA WATER FUND SEWER FUND LIQUOR FUND RECYCLING FUND STORM WATER UTILITY Aug. 2004 YTD BUDGE_ _ T REVENU_ _ E REVENU. _ E 2,222,510 0 1,345,298 9,150 0 20,785 273,500 24,588 117,348 368,200 0 66,884 257,050 9,071 62,570 100,000 11,252 68,513 75,000 8,634 70,650 352,000 13,331 223,347 0 483,133 14,000 1,125 6,025 38.600 5 2_~60 29,183 VARIANCE (877,212) 11,635 (156,152) (301,316) (194,480) (31,487) (4,350) (128,653) 483,133 (7,975) (9,417) 3,710.010 73,261. 2 493 736 ~ PERCENT RECEIVE~ 60.53% 227.16% 42.91% 18.17% 24.34% 68.51% 94.2O% 63.45% 43.04% 75.60% 67.22% 674,140 37,094 506,054 (168,086) 75.07% 115,900 951 113,917 (1,983) 98.29% 0 0 54,990 54,990 700,000 68,415 423,666 (276,334) 60.52% 1,202,000 111,869 846,335 (355,665) 70.41% 2,400,000 161,912 1,278,013 (1,121,987) 53.25% 137,400 35,227 100,094 (37,306) 72.85% 120,500 10,462 84,416 (36,084) 70.05% O9~O8~2OO4 rev2004 Gino ~_-2897- General Fund $1,566,778 CDBG 1,114 Area Fire Protection Services 342,726 Dock Mound HRA 218,445 3,897 G.O. Equip. Certf. 2004 -C 62,056 G.O. Bonds 2001 - C --90,466 Commerce Place TIF (246,087) G.O. Bonds 2003 - C TIF 1-2 ~50_,639 G.O. Bonds2001-A - 12,674 G.O. Bonds 2003-A ................. 234,640 G.O. Bonds2004-A 42,348 HRALease Rev Bonds (382,800) Capital Improvement 3,670,563 MSA Sealcoat 18,750 CDB 36,574 5,146 Downtown TIF 1-2 253,229 HRA Public Safe~Bldg -- 28,212 Water Sewer 2,429,351 Liquor Store 1,400,444 Recycli. ng (361,715) Storm Water __ 29,683 876,144 Fire Relief (61,763) Note: The above schedule shows the combined cash and investment balances by fund for the months indicated as recorded in the General Ledger. The balances do not reflect receivable, payables, authorized transfers, encumbered funds, or dedicated/reserved resources, etc. Only some accrued transactions are reflected. Investment income will be distributed to the funds at the end of the year and is not included. A long and complete process is followed to record all transactions, before we close the books, at the end of the year. In addition, the audit from the independent auditor is performed and an official Comprehensive Report will be presented to the City Council and made available to interested parties. In no way this schedule is intended to represent balances of funds available for spending. 09/08/2004 CashReportCouncil Gino -2898- Harbor Wine & Spirits Sept. 04 Date Weather Cust 04 Cust. 03 Variance 9/1/2004 sunny/85 260 260 9/2/2004 sunny/85 295 325 -30 9~3~2004 sunny/85 479 296 183 9~4~2004 sunny 637 337 300 9~5~2004 sunny 645 -645 9/6/2004 sunny 768 -768 9/7/2004 sunny 237 237 9/8/2004 223 270 -47 9~9~2004 sunny/80 249 281 -32 9/10/2004 SUNNY/80 436 289 147 9/11/2004 SUNNY/80 501 277 224 9/12/2004 sunny 529 -529 9/13/2004 sun/80 231 514 -283 9/14/2004 Rainy 215 215 9/15/2004 rain/wind/65 252 251 1 9/16/2004 sunny/75 250 293 -43 9/17/2004 sun/72 430 259 171 9/18/2004 Rainy 550 253 297 9/19/2004 sunnycool 442 -442 9/20/2004 sunny/80 300 548 -248 9/21/2004 rain/wind/65 192 192 9/22/2004 sunny 253 228 25 9/23/2004 CLOUDY 213 -213 9/24/2004 SUNNY 248 -248 9/25/2004 SUNNY 240 -240 9/26/2004 coolrain 451 -451 9/27/2004 ptly cloudy 488 -488 9/28/2004 0 9/29/2004 sunny 243 -243 9/30/2004 sunny 192 -192 Totals dsg 20O4 4238.28 5199 9420.33 15502.82 3635.26 3746.57 4472.85 9326.61 10442.01 3595.5 3350.33 4866,82 4274.76 8462.04 12006.53 4596.02 3136.15 3668.57 2003 Difference+/- Holiday 9/1 0 5272.36 5102.36 6585.37 13210.54 17486.18 4415.11 4071.89 4823 4464.67 9504.1 10091.82 3607.27 4489.71 4160.67 3801.23 7927.81 1119O,98 3571.48 3417.55 3433.78 4312.83 8248.51 9840.13 3617 3204.57 8880 -8880 113940.45 159850.92 4238,28 -73.36 4317,97 8917.45 -13210.54 -17486,18 3635,26 -668.54 400.96 4503.61 5977.34 -9504.1 -6496.32 3350.33 1259.55 -214.95 4301.37 8205.3 -7927,81 -6594.96 3136.15 97.09 -3417.55 -3433.78 -4312.83 -8248.51 -9840.13 0 -3617 -3204.57 -2 99- Hennepin County Memo DATE: September 17, 2004 TO: Kandis Hanson, City Manager, Mound Gino Businaro, Finance Director FROM: Phil Jensen, Mound Lead Appraiser SUBJECT: Hennepin County Taxing District information Our appraisal staff was informed on Thursday of a new feature available on the Hennepin County website that I want to inform you about. Attached is a copy of the overview we received. This is a page you will likely want to bookmark for future reference. It's been rolled out with a packet of 2005 TNT information, but will be expanded to include Tax Base, Tax Rates, Tax Levies and Tax Settlements in the future. In addition, in the spring an e-mail notification system will be in put in place to let subscribers know when new information has been added to the Taxing District Information page. You'll be able subscribe to this notification list yourself and receive a note whenever a change has been made. This sounds like a useful service and I wanted you to know about it immediately. Note the phone number at the bottom of the first page for Ken Rowe. Contact Ken at 612-596-9124 if you have information you'd like to see added to the page in the future. -2900- Hennepin County Taxing District Znformation on the Znternet Hennepin County is beginning to populate a channel on our web site with property tax information for and about Taxing Districts such as Cities, Schools, and Watersheds. In the future we plan to provide information regarding Tax Base, Tax Rates, Tax Levies, and Tax Settlements. Currently, we have a packet of 2005 TNT information containing reports that many cities have requested in the past. Ail of the reports are provided in Adobe PDF format and will require a free viewer available through our site. This screen shot shows how to navigate to the Taxinq District Tnformation page. For easy access, we suggest you bookmark (add to your Favorites) this page. Also attached are screen prints of the current content. Tf you have any suggestions about information you would like to see published, please contact' Ken Rowe at 612-596-9124. -2901 - Hennepin County > Payable 2005 Truth in Taxation Information - Individual Reports Page 1 of 1 Y~. ~[~'iO .T._~x_.~..:N._av_ ] ..S.i_t_e._[qa_~_ ] September 08, 2004 Enter Keyword(s) Hg_~ > ~.0xi[onm.e_~%_RZp~y~_~_ZZ~.~_Sp~.9_B > ~r~.¢_~ > Tax & Assessment > Taxing D strict Information > Payable 2005 Truth in Taxation Information - Individual Repo~s Payable 2005 Truth in Taxation Information - Individual Reports Payable 2005 Truth in Taxation Information TNT Process End Date: November 11~ 2004 County Links Vie~...~J .~.y. ab!e 2.00~...~Fr.utb .i~. Ta~.~t;i~o._!.n.f~rm.a.~ ~ Hennepin County Taxpayer Services prepares the Notice of Proposed Property Tax for Taxes Payable in 2005 using data gathered from May 2004 through October 2004. Reports will be added to this page as the data becomes available. While every effort will be made to ensure the accuracy of the data provided, Hennepin County Taxpayer Services reserves the right to make corrections at any time through the TNT Process End Date. No changes to these reports will be made after the TNT Process End Date. DEPART~4BNT Z~.)~pf~ye.r..$e.~. Use this page to download/print individual reports. The complete set of reports with a estimated availablility schedule can be downloaded/printed from the Payable 200~ Truth in Taxat/on Znformation page (See RELATED LINKS). E-Mail taxinfo@co.hennepin.mn.us Location Taxpayer Serv ces Department ect a repor~ to download/print: Payable 2005 F sca D spar t es Area-W de LevyZD str but on Do ars by D str ct Fna (PDF 66KB) P~able 2005 Fiscal Disp_~r ties Contribution Tax Cap_acjt_y__b_v_ C_i__ty__P_r_op___o_s_e_d (_P_~_F_¢_8_K._B..) Payable 2005 F sca D spart es D str but on Tax Capac ty b:~ C ~ Fna (PDF 37KB) Payable 2005 Property Typ_eZC ass Rate Matrx F ~a ~PDF 62KB) Payable 2005 TNT Market Value - City/Town (PDF 47KB_) ._Pa~a_b_l¢_2_o_05 TNT Harket Value - Cogn~tyJ_Misce aneous (PDF 30K_B_) Payable 2005 TNT Market Va ue - Schoo (PDF 35KB) The above attachments require the use of the following viewers. If you do not already have them installed, click on the links below to download: · PDF (.pdf): A_d_obe Acr_oba~L_P,e_.ad__e__r Printer-Friendly Version ~q!UO~.C..ng I Hea.¢b,._Hq.us..og_& ~oc a... ~r~.g~ J kew,. publi~.S~_fety, &..Cqurts J E n vi r o n m ent~_P_r~o pe rt3b~ Transportatio~n Copyright © 2004 Hennepin County, Minnesota I www. Hennepin.us A~ce~.fL.b..._ t;y. P.q.....¢.y I Co~ta.~t;...IJeqf~ f~.P ~._Co.u nt;y [ ~ecu d!;yZRF ~,.fl.~..,~.t~.tem~t -2902- ~ttp://www.hennepin.us/vgn/portat/internet/hcdetailmas~er/u,z_~u0,1273 83297 l l 19¢G671.00.htm l Hermepin County > Payable 2005 Truth in Taxation Information Page 1 of 2 I .T..e_x~:_N.a_.v.. J _S.i_t..e.___N_a_p I September 08, 2004 y~C~z;~i'*,o, ~EAR~ Advanced Search D_9~_~ > .Envir~-0m~n~,-p~9~.~-~J-C0o-~pg~i-~-D > ~C9~G7 > JA~_~-~.~D~ > T~.g--q.g.--~.-$?iq~-j-0fgC~ogi-O~- > Payable 2005 Truth in Taxation Information Payable 2005 Truth in Taxation ]Information Payable 2005 Truth in Taxation Information Current Revision Date: September 7, 2004 Final Revision Date: November :[lt 2004 Hennepin County Taxpayer Services prepares the Notice of Proposed Property Tax for Taxes Payable in 2005 using data gathered from Hay 2004 through October 2004. The attached 2005 TNT Inf_ormation Packet will be updated periodically to include all the available data as of the Current Revision Date. The following table shows the projected contents of the Packet as of the Final Revision Date. Items not currently available are shaded and include an estimate of when they will become available. While every effort will be made to ensure the accuracy of the data provided, Hennepin County Taxpayer Services reserves the right to make changes at any time through the Final Revision Date. No changes to the Payab e 2005 TNT Information Packet will be made after the Final Revision Date. If you would rather not print the entire Packet, you can download/print the individual reports from the Payable 2005 TNT Znformation - Jndividual Reports page (see RELATED LINKS). ~I~TED County Links I~.~.y.~..b__~...;~.O.~5__Tru t h - Individual Reports DEPN~4TN ENT (::ONTACT I~N~I4ATZON .E_-__tq..~jJ~ taxinfo@co.hennepin.mn.us · Tax Base Information Description Est. Availability Fiscal Disparities Contribution Tax Capacity by City (Table V) Property Types/Class Rate Hatrix Fiscal Disparities Distribution Tax Capacity by City (Table VII) Market Value Report Group Tax Capacity Report Group Available Available Available Available 09/13/04 · Tax Levy Information Description Est. Availability Fiscal Disparities Area-Wide Levy/Distribution Dollars (Table VIII) Proposed Levy Certification Available 10/o8/o4 · Tax Rate Information Description Est. Availability Tax Rate Calculation Report Group Tax Rate Summary Report Group lo/15/o4 z0/15/o4 This 2005 TNT Information Packet contains all the information currently available regarding the · -2903- hits.//www_hemaeDin.us/v=n/portal/internet/hcdetadma~t¢~/v,zo00,1273 83297 ~l'11877842,00.html 9/8/2004 Hennepin County > Payable 2005 Truth in Taxation Information Page 2 of 2 Payable 2005 Truth in Taxation process in Hennepin County: O.b.!e.. qrL. cket.09070~[ .( g D F .403}~ B ) t ~a The above attachments require the use of the followin~ viewers. If you do not already have them installed, click on the links below to download: Printer-Friendly Version Environment, Property, & Transportation Copyright © 2004 Hennepin County, Minnesota I www. HennepJn.us ~,.cf~f~.sJb!JJ~y....l~q.!j~y '~c~.n.~a.q~._Henn~ip_.r!..~_c2tzn.~.y I Se~.~.d~y/.~.y~y...~.m.ent ~tEI=ER~ENOE C~p.u n:~y.. ~o~ cd...H.._e. ~.t~. Departments & Ag~e_ncies. ~.~_w__s_r g. gffr3 Phone Directory -2904- http://www.hennepin.us/v~n/portal/internet/hcdetailmaster/u,z~O0,1273 83297 111877842,00.htfnl 9/8/2004 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, September 22, 2004 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Skramstad · Schedule date for Annual Meeting with the Hennepin County Sheriff's Office Water Patrol · Discussion of October Regular LMCD Board Meeting Schedule READING OF MINUTES- 7/28/04 LMCD Regular Board Meeting 8/11/04 LMCD Regular Board Meeting 9/8/04 LMCD Board PlanningNVorkshop Meeting Report (handout) PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in motion unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. 1. LAKE USE & RECREATION A) Review of 2004 Lake Minnetonka Boat Storage Shoreline Inventory; B) Bob Albertson, discussion of coordinating volunteers for boat safety and theft prevention; C) Review of comments from LMCD member cities on draft Six Mile Creek resolution; D) Additional Business; 2. EWMIEXOTICS TASK FORCE A) (*) Minutes from the 8/13/04 EWM/Exotics Task Force Meeting; B) Report from the 8/13/04 EWM/Exotics Task Force Meeting; C) Review of 2004 EWM Harvesting Program Final Season Report; D) Additional Business; -2905- 3. FINANCIAL A) Audit of vouchers (81'16104- 813'I104), (911104- 91'15104) & (9116104- 9/30/04); B) (*) July and August financial summary and balance sheets; C) Additional Business; 4. WATER STRUCTURES A) Miles B. and Pamela Canning, discussion of 9/1/04 letter recommending mediation; B) Additional Business; 5. SAVE THE LAKE 6. ADMINISTRATION 7. EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT -2906- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, July 28, 2004 Tonka Bay City Hall CALL TO ORDER Van Hercke called the meeting to order at 7:01 p.m. ROLL CALL Members present: Katy Van Hercke, Minnetonka; Jose Valdesuso, Excelsior; Paul Knudsen, Minnetrista; Doug Babcock, Tonka Bay; Dry Burma, Mound; Miles Canning, Greenwood; Debbie Halvorson, Orono; Pete Nelson, Victoria; Tom Scanlon, Spring Park (arrived at 7:09 p.m.); Tom Seuntjens, Uinnetonka Beach. Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: Bob Ambrose, Wayzata; Bert Foster, Deephaven; Tom Skramstad, Shorewood; Herb Suerth, Woodland. CHAIR ANNOUNCEMENTS, Vice Chair Van Hercke There were no Chair announcements. READING OF MINUTES- 7/14/04 LMCD Regular Board Meeting MOTION: Nelson moved, Halvorson seconded to approve the minutes from the 7/14/04 LMCD Regular Board Meeting as submitted. VOTE: Motion carried unanimously. PUBLIC COMMENTS - Persons in attendance, subjects .not on agenda. Nelson complimented the efforts made by the City of Minnetonka with the stormwater article recently written by Jo Colleran and published in the Lakeshore Weekly News. He believed that this was an example of a proactive article and he encouraged Board members to read it. PUBLIC HEARING · Crosby Cove LLClCity of Minnetonka, new commercial dock license application to allow for the construction of a nine foot wide bridge for use by the Crosby Cove homeowners to access Outlot A and for public use for the City of Minnetonka trail system. Van Hercke opened the public hearing at 7:04 p.m. and asked for background from Nybeck. Nybeck made the following comments: · Mr. Zvi Leibovich, representing Crosby Cove LLC, and the City of Minnetonka have submitted a joint commercial dock license application for the installation of a nine-foot wide bridge for use by -2907- Lake Minnetonka Conservation District Regular Board Meeting Ju(¥ 28, 2004 the Crosby Cove homeowners to access an association outlot and for public use for the City of Minnetonka trail system. A 13-acre site is being developed into 14 single-family residential lots and one 1.3 acre outlot. A channel is located on the southwest side of the development and the outlot is separated from the rest of the development by the channel. Crosby Cove LLC has proposed to connect the outlot to the development via a pedestrian path bridge that crosses the channel. The City of Minnetonka is planning to build a public trail system through the new development and would like to upgrade the association pedestrian bridge from six feet wide to nine feet for public use and access for emergency vehicles. Code Section 2.03, subd. 1 requires the construction and installation of commercial docks on Lake Minnetonka to be licensed by the Board. SeCtion 1.02, subd 8 defines a commercial dock to include a dock or dock structure on land owned by a municipality or political subdivision that is operated, controlled or licensed by a municipality or political subdivision. The proposal to construct a bridge to connect both sides of Outlot A is unique and difficult for staff to determine the best process to bring it forward to the Board. Nybeck identified two options. First, the developer and the City of Minnetonka could submit a joint commercial dock license application because the bridge would be partially owned and operated as a public trail for the City of Minnetonka. Second, the developer could submit a permanent (non-multiple) dock and variance applications for the bridge. Permanent (non-multiple) dock applications are traditionally processed at staff level; however, that would not apply in this case because the width of the bridge would exceed six feet and would require a dock width variance. Nybeck believed that the second option might be the better option because the City of Minnetonka only has access to this site through an easement and they have expressed a concern about a future joint multiple dock license application if the developer decides to store five or more restricted watercraft at the south side of Outlot A. Code Section 2.01 prohibits a person from using any area of the Lake outside an authorized dock use area for docking and storage of watercraft. Utilizing either of the two options outlined above, the bridge would be contained within the authorized dock use area for the south site; however, it would not comply with the minimum side setback requirements for the north side. Nybeck believed that there were two possible approaches for the Board to consider the encroachment of the bridge into minimum side setbacks at the north side of the Outlot A. First, the Board could conclude that the bridge should be allowed because it is within the authorized dock use area for the south side of the outlot, the bridge would be within the extended side site lines at the north side of the outlot, and there are overlapping dock use areas for both sides of the outlot. Second, the Board could conclude that there is a need to meet minimum side setbacks at the north side of the outlot or there is a need to secure a side setback variance. He preferred the second approach and stated that the Board would need to establish a particular hardship or practical difficulty caused by the application of the Code. Code Section 2.03, subd. 16 provides for special rules for municipal docks that require a commercial dock license which has a width exceeding that which is allowed under Section 2.12, subd. 12. It allows the Board to grant or deny such applications, after consideration of the subjective criteria set forth in subd. 3 of this Code Section, with conditions deemed necessary. No such license shall be granted unless all five conditions are met in this Code Section are met. One advantage with this option is that it would allow for the construction of a bridge that exceeds six feet in width and not require a variance. Nybeck believed that the Board could conclude that the bridge would meet all five conditions required. However, the Board could also conclude that this Code provision does not apply because the site is owned by the developer and the only -2908- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 3 involvement of the City of Minnetonka is that they have an easement and they are partially paying for the construction of the bridge. He recommended that the Board should discuss whether the application of this Code provision was consistent with the spirit and intent of this ordinance as it was originally adopted. · Although Nybeck was not comfortable making a recommendation, he stated that he was supportive of the bridge concept. However, he recommended that the Board should discuss what was the best process to consider the construction of the bridge. He stated that he was more comfortable with the developer submitting a permanent (non-multiple) dock and variance applications, rather than a commercial dock license application, because of the future precedent it could set on a lakewide basis. Whichever way the Board decides to proceed, he believed that there was a need for the applicant(s) to submit an application for variance from Code for side setbacks at the north side of Outlot A. One short-term solution that might allow an approval at this meeting would be a consent arrangement from both adjacent properties. This would allow the applicant(s) time to submit a side setback variance application in the near future. · He entertained questions or comments from the Board. Seuntjens asked if the channel leading to Grays Bay.was currently navigable. "' Mr. Zvi Leibovich, owner of Crosby Cove LLC, stated that it was currently navigable for small fishing boats through a culvert under Crosby Road. Seuntjens asked if the south side of Outlot A was at or above the 929.4' elevation and what his intentions were in the future. Leibovich stated that the south side of Outlot A was at or above the 929.4' elevation. Access to the south side of the outlot was currently through an easement that is set to expire at the end of October. This is the primary purpose why he has proposed the bridge for the homeowners. A gazebo and green space is planned, with some possible docking spaces in the near future if the homeowners so desire. Seuntjens asked where the Minnetonka public trail system would go from the outlot. Ms. Desyl Peterson, Minnetonka City Attorney, provided an overview of the Minnetonka public trail system in this area. The city would have an option for a trail adjacent to the street in the new development and it would continue across the bridge and Outlot A. From there, it would continue across the wetland area south of the Grays Bay dam on Uinnehaha Creek and would connect near the spillway. Seuntjens asked who owned the properties adjacent to the south side of Outiot A and whether there were docks installed from these properties. Peterson stated the lot immediately adjacent was owned privately and the City of Minnetonka owned the lot adjacent to it. The remainder of the lots in this area are privately owned. She stated that the hOmeowner immediately adjacent to the south side of Outiot A has a dock installed. Seuntjens questioned why a six-foot wide bridge would not be adequate for the Minnetonka public trail system. -2909- v- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 4 Peterson stated that the primary reason for the added width was to allow for a public safety vehicle to be able to cross the bridge, similar to another bridge elsewhere in the City of Minnetonka. Nybeck clarified that docking at Outlot A would not require a permit from the LMCD unless five or more restricted watercraft are stored at the south side of Outlot A. On the other side of the channel, those homes would enjoy riparian rights as allowed in Code Section 2.02. He stated that Peterson had raised questions about the jurisdiction of the LMCD and he believed that she would be pointing these questions out to the Board. Canning asked if the bridge was being referred to as a dock. He believed that it was clear to him that it is not a dock. In St. Albans Bay when he served on the Greenwood city council, a bridge was approved to an island where a house was being constructed. He did not believe that the LMCD was involved with the review process of the bridge at that time and he questioned whether docking regulations should be applied to bridges. Nybeck stated that he believed that there was not a direct reference to bridges in LMCD Code. However, there have been a number of applicants where a bridge has been considered a dock, including Shorewood Yacht Club, a residential property over wetlands in the City of Orono, and a number of walking bridges in the City of Tonka Bay on Fairhope Avenue. Leibovich stated that the bridge was quite different than a dock because the closest point the foundation is from the water is eight feet, adding that it would have no access to the water. Babcock stated that interpretation was a slippery slope because the mere fact that the bridge would not touch the water does not mean it would not have an impact on Lake Minnetonka. There are possibly a number of other similar hypothetical situations around the lake that could create impediment to navigation situations. In these cases, he believed that the LMCD should be involved. Van Hercke reminded the Board that there was potentially a multiple dock situation on the south side of Outlot A depending on how the homeowners proceed in the future. She stated that the channel immediately adjacent to the south side of the Outlot A was primarily overgrown with lillypads. Canning stated that one concern he had with adding boats to Outlot A was density to Lake Minnetonka, especially if the existing culvert was replaced. Leibovich stated that he would have applied for a six-foot wide bridge if it were not tied to the Minnetonka public trail system. Babcock asked LeFevere what the implications might be if the nine-foot wide bridge were approved under the special Code provision for municipalities, and private citizens apply for a multiple dock license later on from the same site. He expressed concern about issuing a private multiple dock license in the future when the bridge has been proposed under a commercial dock license application for the City of Minnetonka. -2910- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 5 LeFevere stated that he did not believe approving the nine-foot wide bridge under the Code provision for municipalities would pose a problem for other structures on the site in the future as long as they comply with the other requirements in the Code. Babcock expressed concern about possible enforcement actions in the future at this site and how it might include the City of Uinnetonka. He stated that he would like to find a way to make this project work; however, he did not believe that the Board envisioned the hybrid approach when the municipal dock ordinance was originally adopted. He questioned whether it would be possible to separate the sections of the sites where the bridge would be connected to Outlot A so that the activities of the developer and Minnetonka could be licensed separately. Scanlon asked for the clearance of the culvert and whether there were plans to reconstruct it in the future. Leibovich stated that the clearance of the culvert under current water conditions was approximately five and one-half feet. The clearance of the bridge would also be approximately five and one-half feet. Peterson stated that the City of Minnetonka has no plans to reconstruct the culvert in the near future. Nelson stated that he would be concerned about the Board not approving the application in a timely manner. This application is unique and would benefitthe public. He encouraged the Board to approve the application this evening. Valdesuso stated that he concurred with the comments raised by Canning on whether the LMCD has jurisdiction on bridges on Lake Minnetonka. LeFevere stated that the question of bridge versus dock was important and he did not have an answer for the Board. The City of Minnetonka has suggested to him that the LMCD does not have jurisdiction over bridges. The statute allows the LMCD to regulate docks and moorings, and this is neither. He believed that it was not the intent of the legislature to provide the LMCD jurisdiction over highway bridges such as County Road 101 adjacent to Grays Bay. However, there have been other cases in which the LMCD has exercised jurisdiction, including dock structures that connect two parcels of land. He expressed concern about deciding jurisdiction of the LMCD based on whether the structure touches the water. He believed that jurisdiction was an important question and might require a Code amendment. Babcock expressed concern about the LMCD taking the position that it does not have jurisdiction on bridges because bridges can be impediments to navigation. Peterson stated that she understood some of the concerns expressed by the Board..However, she believed that the bridge does not qualify as a dock and the LMCD has been given the authority to regulate docks and moorings. She believed that the Board should consider a third option, that the LMCD does not have jurisdiction over bridges. One point that distinguished this project from other projects is that this is a bridge for a public transportation system, a public trail or right of way. This public trail would be similar to public streets because the city would have ownership to it through an easement. She believed that Minnetonka might have made a mistake in submitting a joint application because the city would own the bridge. Jurisdiction for bridges on Lake Minnetonka has been delegated by the MN DNR to the MCWD for -2911 - --- Lake Minnetonka Conservation District Regular Board Meeting Ju(y 28, 2004 Lake Minnetonka. She believed that the MCWD, rather than the LMCD, should address ihe issue of navigability. Nybeck stated that he did not recall the MCWD getting involved on navigational issues on Lake Minnetonka in the past. This has historically been addressed by the LMCD, working with the Sheriffs Water Patrol. He believed that the MN DNR has taken an informal position that the LMCD does not have jurisdiction over bridges on Lake Minnetonka because it is not listed on MN DNR General Permit 97-6098. He believed that this activity not being listed on MN DNR General Permit 97-6098 does not prohibit the LMCD from claiming the jurisdiction over bridges and it might require a separate permit from the MN DNR. Van Hercke asked Leibovich what language he was using when selling these lots. Leibovich stated that he was selling these lots with access to Lake Minnetonka by a fishing boat. The owners of these lots will be given the direction to contact the LMCD regarding what regulations pertain to them. There being no further comments, the public hearing was closed at 8:11 p.m. MOTION: Babcock moved, Knudsen seconded to approve the Crosby Cove LLC/City of Minnetonka commercial dock license application, subject to: 1) the clearance of the bridge must meet the clearance of the culvert, and 2) the bridge being owned, operated, and maintained by the City of Minnetonka. Canning stated that he would like to have the Board further discuss what types of bridges are under the jurisdiction of the LMCD. LeFevere asked for Board clarification on the two approaches outlined in staff memo prior to voting on the motion. The first approach is that the bridge is within the authorized dock use area of the south side of the outlot and no variance is needed. The second approach is that the bridge should require a side setback variance because it does not comply with setback requirements at the north side of the outlot. This second approach has been recommended by Nybeck. It is implicit in the motion that the Board is following the first approach. VOTE: Ayes (9), Abstained (1, Canning); motion carried. Seuntjens directed staff to further check into the bridge situation in St. Albans Bay that was referenced to by Canning. WATER STRUCTURES A. Bayview Homeowners Association, new multiple dock license submitted on 9/22/76 to back license 10 Boat Storage Units (BSU's) on a 100' wide outlot on Smithtown Bay. Van Hercke asked for background on this agenda item from Nybeck. Nybeck stated that some facts had recently come to the attention of LeFevere and that these should be brought to the Board's attention. -2912- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 7 LeFevere made the following comments: · He had some additional material that he was going to hand out for the first time. The applicant has recently hired legal counsel and this would also be the first chance that they have had to review this material. · The applicant has requested that this matter be tabled until their legal counsel has had the opportunity to review this and other materials. To allow this to occur, the applicant has signed a consent form to the 60-day rule. · Outlot B is owned by the owners of 10 interior lots at the development and they each have one-tenth ownership of the outlot. Each of these 10 lots has a registered title that includes restrictions on the certificate itself. All 10 of the titles make reference to two documents. These documents include: 1) Declaration of Restrictions and Covenants, and 2) an Easement Agreement. · The Declaration of Restrictions and Covenants imposes docking restrictions on Outlot B. This document provides that there shall not be constructed upon the subject property any docks extending into Lake Minnetonka except as follows: 1) one dock for ingress and egress of boat craft and for swimming, constructed and maintained consistent with all applicable laws and regulations, 2) one additional dock containing two slips for the storage of boat craft, constructed and maintained consistent with all applicable laws and regulations, and 3) a canoe storage area for the storage of not more than 10 canoes and sailfish. It further states that at no time may the subject real property be used as a launching area for boats other than those used in connection with those outlined above nor may there be any mooring or buoying of watercraft along the subject real property, or the water contiguous thereto. This document was executed by Bayview Properties, Inc. in June 1977 and filed in July 1977. He reminded the Board that Bayview Properties, Inc. submitted the application in September 1976 to the LMCD that is being considered. · In July 1977, the same owner, Bayview Properties, Inc., filed an Easement Agreement for Outiot B. This Easement Agreement is also referred to on all 10 Certificates of Title. In this Easement Agreement, it acknowledges the Declaration of Restrictions and Covenants and assigns the two boat slips to Lot 2, Block 2 and Lot 4, Block 3. The enforcement of the Declaration of Covenants and Restrictions is not the responsibility of the LMCD. · Outlot B, under current density restrictions, would be allowed two restricted watercraft. The ability to store more than two restricted watercraft at Outlot B would need to be done through grandfathering for structures that were physically in existence in 1978. The applicant has made the claim that the LMCD wrongfully did not act on the application in 1976, that it would have been granted if acted upon by the Board, and that the 1976 applicant did not abandon its application. However, he believed that these documents are evidence that the developer abandoned the application at that time when these two documents were created. · He entertained questions or comments from the Board. MOTION: Babcock moved, Knudsen seconded to table further discussion of the Bayview Homeowners Association new multiple dock license application to a future Regular LMCD Board Meeting. VOTE: Motion carried unanimously. -2913- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 The meeting was recessed at 8:35 p.m. and reconvened at 8:37 p.m. Page8 B. Deicing Installations, discussion of Code Section 2.09, including LMCD staff observations, concerns, and trends. Van Hercke asked for background on this agenda item from Nybeck. Nybeck stated that Code Section 2.09 outlines Code relating to deicing installations on Lake Minnetonka. At past Board Meetings, staff has expressed concern about some observations and trends taking place based on inspections that occurred in recent winters. One observation involves Subd. 4b) that requires the area to be deiced to be no greater than is necessary to prevent damage to the installation and does not extend beyond the dock use area for the license that is issued. He stated that although this makes sense, it is problematic at grandfathered commercial marina sites and could pose a public safety risk. Deicing curtains assist in limiting the open water and weakened ice; however, they are not the solution. He pointed out a District Mooring Area (DMA) site that has traditionally deiced, rather than removing buoys seasonally, and how far it extends beyond the dock use area for that site. Babcock questioned whether buoys at DMA's need to be removed each year. Nybeck stated that the Code allows buoys to either be removed each year or pushed under the ice. This facility pushes them under the ice each winter and takes the precaution to deice around them. This is the only DMA facility that does not remove the buoys annually and he stated that he would prefer that they remove them. He continued his comments: · Subd. 4g) states that the applicant agrees that the installation will be supervised at all times and they are required to provide the LMCD 24 hour and emergency telephone numbers. He believes that this has become problematic at a couple of sites each year when the party granted the license, or the party supervising the deicing site, leaves town or it is not monitored daily. When a deicing site is not supervised properly and deicing activity is not fully contained within the fenced in area, it is difficult to resolve, especially with the warmer winters in recent years. · Subd. 7 outlines conditions required in the issuance of new and renewal licenses. One condition allows the Executive Director to issue a renewal license, without Board review, provided there were no violations the prior season and a full deposit was given. Beginning with the 1998/1999 season, the $100 dePosit has not been collected with the application. Instead, the cover letter indicates that any inspection over two each winter will be charged back at $50 per inspection. He recommended that this change in policy should be reflected in the Code. · Subd. 10 states that no license shall be required for deicing that takes place after March 15th. There are a number of commercial and non-commercial sites around Lake Minnetonka that take advantage of this exception. Continuation of this exception makes sense; however, the Board should consider two changes to it. First, he believed that the March 15th date might be too early because of the activities that occur on ice at that time. He recommended April 1st as a possible alternative date. Second, he recommended the Board add additional restrictions beyond installing and maintaining "Thin Ice" signs at least each 50' along the affected -2914- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 9 shoreline. Additional restrictions could include fencing along the affected shoreline or fencing around the entire installation. · One trend that he brought to the Boards attention was the issuing of deicing licenses for larger seasonal docks that are maintained in the lake 12 months a year. This appears to be a financial decision of the owners of the property and one dock installer is already selling deicing equipment and their services to supervise the deicing installation. He recommended that the Board should consider prohibiting deicing at these sites because these docks can be removed annually. · He reviewed two other trends that concern staff. First, the granting of new permanent dock permits is problematic at narrow sites, especially if those granted the permit would like to deice. He stated that deicing poses the great(ist safety risk to the public of all permits issued by the LMCD. One safeguard if these permanent dock licenses are continued to be granted at residential sites included additional side setback requirements. Second, a charter boat company has contacted staff on whether there would be restrictions on the storing of a charter boat(s) at a permanent dock that has not been deiced in recent years. He believed that the Board should discuss this. · He recommended that changes need to be made to Code Section 2.09 to bring the Code relating to deicing on Lake Uinnetonka up to date. What these changes might include are up to the Board. If the Board would like to make changes for the 2004/2005 deicing season, LeFevere should be directed to prepare a draft Code amendment for the 8/11/04 Regular LMCD Board Meeting. · He entertained questions or comments from the Board. Seuntjens stated that he believed there are liability issues for the LMCD in addition to safety issues. Because of this, he believed that there was a need to enhance the existing ordinance and improve inspections to ensure compliance with the ordinance. Canning stated that deicing appears to be problematic because there is an expectation of ice on the lake. He questioned whether the LMCD had been encouraging or discouraging deicing on Lake Minnetonka. Babcock stated that there was a prohibition on new deicing installations at one time. This prohibition was changed at a later date when a facility approached the Board on this. He recalled at that time the March 15th exception date was adopted by the Board because of ice movement just prior to ice out. In recent years, there has not been a prohibition on new deicing installation sites and there might be a need to go back to prohibiting new sites. Van Hercke stated that she had concerns about deicing, especially at sites with seasonal docks. She believed that the Code needs to be updated to prohibit this type of deicing activity. Babcock summarized his personal experience in the area of Lake Minnetonka where he resides. There is a commercial marina on each side of his residence that has historically deiced. The fencing in recent years has continued to be moved further out into the lake and this is especially problematic at one of the commercial marina sites because it is adjacent to a winter access. He expressed concern about pushing fencing further into the lake because it reduces the area of the lake that can be used by the general public. Deicing was further compounded this past winter when a residence between the -2915- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 10 two commercial marinas was granted a permanent dock license and deicing permit, and did not deice in accordance with Code. This was resolved by staff; however, it posed a further safety hazard to the neighborhood. Nybeck stated that permanent dock licenses recently granted have included a restriction on the license that states that it is subject to any future changes relating to deicing. The Board discussed that there was a need to better understand the existing ordinance to make a decision on whether changes should be made to it. Enforcement of deicing was discussed and the difficulty associated with it because of mother nature. In the meantime, the Board expressed an interest in restricting the number of new deicing installation permits at residential sites while the Board further studied the issue through a moratorium. The Board discussed the conditions of a moratorium and how it could be amended or repealed. There was discussion of one member city that has expressed an interest in deicing around a floating dock rather than removing it on a seasonal basis. MOTION: Scanlon moved, Knudsen seconded to direct LeFevere to prepare a Code amendment that would establish a moratorium on new deicing installation licenses at residential properties, subject to the moratorium not applying to residential sites that have had a valid deicing license in the past 24 months or residential sites that have been issued a permanent dock license in the past 12 months. VOTE: Motion carried unanimously. C. Additional Business. Scanlon asked if there was anything that could be done to address open water situations under bridges during the winter months, citing Coffee Cove channel as an example. Nybeck stated that the LMCD had addressed the open water concerns at Coffee Cove in recent years with the City of Orono, the City of Spring Park, and the Sheriff's Water Patrol. The concept of a bridge was discussed and concerns were expressed regarding liability. The conclusion was that the best alternative was to close down Coffee Cove channel and provide an alternative route on land in the area. 2. LAKE USE & RECREATION A. Hennepin County Sheriffs Office Water Patrol Significant Activity Report. Nybeck stated that the Report had not been received in time for the handout folders and that it would be in the packet for the 8/11/04 Regular Board Meeting. B. Additional Business. Halvorson stated thatconcerns have been expressed about the new public safety lanes at Cruiser's Cove, especially with swimmers in the area. She asked if the design of the public safety lanes was going to be revisited. -2916- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 page 11 The Board stated that Babcock had similar concerns and that adjustment to the design of the public safety lane would take place this fall when the LMCD has its annual meeting with the Sheriff's Water Patrol, 3. FINANCIAL A. Audit of vouchers (7/16/04- 7/31/04). Knudsen reviewed the audit of vouchers as submitted. Nybeck stated that one check should be added to the vouchers. He recommended that a supplemental check, #15171, in the amount of $9,649.50 to Curfman Trucking, should be added for trucking expenses incurred to date for the 2004 EWM Harvesting Program. MOTION: Babcock moved, Nelson seconded to approve the audit of vouchers as amended, adding check #15171 as recommended by Nybeck. VOTE: Motion carried unanimously. B. June financial summary and balance sheet. Van Hercke asked Knudsen for background on this agenda item. Knudsen stated that the monthly financial summary balance sheets are generally accepted under the consent agenda. However, Chair Skramstad has requested a middle of the year update for 2004. He stated that he had met with Nybeck and that the budgeted Administrative and Exotics revenue and expenditures are generally right in line. Through June, Administrative revenue is $4,363 under what was budgeted and expenditures are $6,587 over what was budgeted. For the Exotics Budget, revenue is $1,485 under what was budgeted and expenditures are $13,659 under what was budgeted. Combining the two budgets, revenue is $5,847 under what was budgeted and expenditures are $7,074 under what was budgeted. Overall, he believed that everything was going well and that he would address any questions that Board members had. Babcock stated that there was a negative balance of $9578.62 in the Equipment Acquisition Fund Account in the July balance sheet. This should be transferring funds from the New Equipment Acquisition Fund Account. He requested that this be reflected on the August balance sheet. C. Additional Business. There was no additional business. 4. ADMINISTRATION A. Discussion of draft resolution pertaining to Six Mile Creek. Van Hercke asked for background on this agenda item from LeFevere. LeFevere stated that he had recently received direction from the Board to prepare a resolution that -2917- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 12 could be forwarded to the 14 member cities. There was not a significant amount of direction from the Board on what should be included in the draft ordinance amendment. The ordinance amendment prepared was a draft and the Board should further refine what should be included in it. Seuntjens asked if the draft resolution would require approval by the Board in addition to interested member cities. LeFevere stated that the draft resolution was prepared to be forwarded to the member cities. However, it could be slightly modified so that the Board could also approve it. Knudsen stated that he believed the Minnetrista City council was going down the path that Minnetrista has jurisdiction on Six Mile Creek and that they might be dealing with the issues themselves. He asked LeFevere if the draft resolution would have a negative impact on what the City of Minnetrista might do in the future, including grandfathering the affected property owners and totally restricting motorized watercraft in Six Mile Creek. He stated that Minnetrista has extended the existing moratorium on new developments on land. LeFevere stated that based on the recent legislation change, Six Mile Creek is not part of Lake Minnetonka and he was not clear on the jurisdictional question for the City of Minnetrista. If this legislation changes in the future and it is clarified that the LMCD has jurisdiction in Six Mile Creek, both the LMCD and the City of Uinnetrista could have docking regulations. However, surface use restrictions would likely be under the authority of the LMCD. Nelson expressed concern about forwarding the draft resolution to the member cities because he believed that it would be self-serving of the LMCD. He questioned whether overturning the legislation was necessary because the City of Uinnetrista appears to becoming more active on the jurisdiction question on Six Mile Creek. Van Hercke stated that she believed the City of Minnetonka was generally reluctant to adopt these type of resolutions. However, she believed that the City of Minnetonka did not agree with the recent legislation changes and that a request would be made to have it repealed. Canning stated that he was not present at the Regular Meeting when the Board discussed the recent legislation change with Senator Olson and Representative Smith. He indicated that he did not support the recent legislation that stripped the jurisdiction of the LMCD without consulting the LMCD and the City of Minnetrista. As unpopular as the recent legislation change might be with the LMCD, he encouraged the Board to explore the reasons why it happened. He did not believe that the legislation change happened overnight and there was a significant amount of activity going on before the legislature adopted it. Knudsen stated that Senator Olson was in attendance at more than one Regular Board Meeting and she never indicated that the LMCD did not have jurisdiction on Six Mile Creek. The City of Minnetrista and other residents on Six Mile Creek did not oppose the LMCD claiming jurisdiction. Scanlon stated that the City of Spring Park was disappointed with the recent legislation change and that they were looking for leadership from the LMCD. If this draft resolution were to be forwarded to -2918- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 13 the City of Spring Park, he believed that the city council would adopt it. If enough member cities adopt the resolution, he believed that it would provide documentation to Senator Olson and Representative Smith that they changed the legislation the wrong way by not involving the LMCD. Seuntjens stated that he supported the LMCD adopting the resolution rather than the member cities for the reasons outlined by Nelson. If the LMCD adopts the draft resolution, he believed that it could be forwarded to the member cities for their review and comments. Nelson stated that he believed if there was a resolution to be taken regarding this recent legislation change, it should be re-examined by the legislature itself by taking public input. He recommended that the LMCD challenge the nature in which the legislation was done rather than challenging the legislation itself. Babcock stated that he would support the both the LMCD and the member cities adopting the draft resolution. He indicated that he had been in contact with a number of mayors that would be in support of the LMCD forwarding a sample resolution for the city councils of the member cities to consider. Rather than requesting the member cities to adopt it, he suggested that it could be sent out indicating that the LMCD was considering adopting it and that the LMCD would like input and feedback from the member cities prior to the LMCD adopting it. Van Hercke asked Knudsen for an update on the draft letter to be sent out in response to the legislation change. Knudsen stated that he had drafted the letter and that he was awaiting feedback on it from Skramstad and Babcock. Babcock stated that although there have been some inaccurate statements made in a couple of letters to the editor, he preferred not addressing these statements through the public arena. This was the primary reason he supported the draft resolution approach if the majority of the member cities agreed with this approach. Seuntjens stated that he would like staff to request a copy of the moratorium from the City of Minnetrista for Six Mile Creek to better understand what it includes. Burma stated that he supported the idea of forwarding the draft resolution to the member cities to get their input and comments. He indicated that the City of Mound was aware of his feelings on this issue because he recently forwarded a letter to the city council. Babcock asked LeFevere to comment on the recent Ramsey County District Court ruling that ruled conceal and carry legislation invalid because it was piggybacked on to another bill that was not a single subject. He believed that there might be comparisons with the recent legislation change with this ruling. LeFevere stated that he had briefly checked into this. Even if the LMCD had a legal argument, the LMCD would need to prepared to challenge it through the court system. He did not believe that the two cases are similar because the single purpose statute is very broad and could encompass a -2919- Lake Minnetonka Conservation District Regular Board Meeting Jury 2B,'2004 Patje ~4 number of things. In the case of the conceal and carry legislation, it was piggybacked on natural resources legislation and a case could be made that it had nothing to do with natural resources. The recent legislation was also piggybacked on natural resources legislation; however, he believed that it would be difficult to provide a case that the LMCD has nothing to do with natural resources legislation. Seuntjens recommended directing staffto prepare a cover letter with the Chair and to forward a copy of draft resolution to all 14 member cities for their review and comments on it as soon as possible. MOTION: Seun~ens moved, Babcock seconded to direct staff to send a copy of the draft resolution being considered by the LMCD and a copy of the draft resolution to be considered by the 14 member cities for their review and comments, subject to Nybeck working with Chair Skramstad on a draft cover letter that indicates that comments should be received back from the 14 member cities by 9/7/04 to allow the LMCD to continue discussion of the draft resolution within the next 60 days. Babcock stated that he would work with Chair Skramstad and Nybeck on the draft cover letter. VOTE: Ayes (8), Nayes (2; Canning and Nelson); motion carried. B. Additional Business. There was no additional business. 5. EWM/EXOTICS TASK FORCE Nelson stated that the zebra mussel video was taped at Twin Cities Public Television on 7~26~04 and it will be going to production in the near future. This video will be previewed at the 8/11/04 Regular Board Meeting and Dave Gillette from the Freshwater Society will be in attendance. He believed that 100 copies should be produced and that the LMCD could split the costs with the Freshwater Society, likely not to exceed $200. He stated that he would be working on a list of whom to distribute the video to and encouraged Board feedback on this. Nybeck stated that he believed the $200 expenditure could be paid from the zebra mussel line item in the 2004 Exotics Budget. MOTION: Canning moved, Babcock seconded to authorize the expenditure of up to $200 from the zebra mussel line item in the Exotics Budget for the production zebra mussel videos. VOTE: Motion carried unanimously. Nelson stated that he had been attempting to contact Senator Olson, who serves on the Senate Environmental Committee, to solicit her support and input on the zebra mussel project. He believed that he would be meeting with her in the near future. He stated that he had recent conversations with a retired superintendent from the Minnetonka School District regarding better soliciting support from the youth on this project. He stated that he would keep the Board .informed on communications that he has with Senator Olson and the retired superintendent. -2920- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page15 Nybeck stated that them was a draft proposal regarding updating zebra mussel literature for the LMCD from Hillis Design. Mr. Jim Hillis produced the current LMCD zebra mussel brochure and he has submitted a proposal to update and expand this project. He believed that he, Nelson, and Suerth would need to meet with Hillis to further discuss the draft proposal and that it would be brought back at a future Regular Board Meeting. Halvorson stated that them was an antique boat show scheduled for Lake Minnetonka sometime in August at Excelsior. She believed that a number of boats would be coming from the Great Lakes and these boats need to be inspected and/or cleaned prior to entering Lake Minnetonka The Board discussed this and there was discussion on whether it would be possible to launch all boats at one public access prior to entering Lake Minnetonka. The consensus of the Board was to have Nybeck further check into this further and report back to the Board. 6. SAVE THE LAKE There was no discussion. 7. EXECUTIVE DIRECTOR REPORT Nybeck updated the Board on four items. First, the lake level as of 7~28~04 was 929.17', with a discharge of 80 c.f.s. Second, a copy of the most recent quarterly Executive Director Newsletter that was sent out to the 14 member cities was included in the packet for informational purposes. Third, comments from the Board on the draft Lake Minnetonka Boat Density Sub-Committee Report were due in the LMCD Office by 7/23/04 to allow Nybeck to work with Foster on a preliminary update on comments received to be presented at this meeting. This preliminary update has not been prepared because comments were received from only four or five Board members. He encouraged other Board members that would like to comment on the draft Report to submit them to the LMCD office ASAP. Fourth, the MCWD is soliciting whether a Board member was interested in serving on a Minnehaha Creek visioning sub-committee. Any Board member interested in serving on this sub-committee should contact either the LMCD or MCWD o~ce. Nelson stated that he might be interested in serving on this sub-committee and he was encouraged to contact the MCWD. 8. OLD BUSINESS Them was no old business. 9. NEW BUSINESS Van Hercke updated the Board on a verbal docking complaint situation in the City of Minnetonka. Historically, staff has pursued these complaints after the complaint has been submitted in writing, although this policy has never been formalized. She stated that a unique docking situation has occurred on McKenzie Point Road in which the party requesting the LMCD to check into the situation is not willing to -2921 - Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page16 formalize their verbal complaint in writing. Nybeck made the following comments: · The LMCD received a written complaint in 2003 from a neighbor that complained that the abutting neighbor was storing too many restricted watercraft and the docks and restricted watercraft were not within the authorized dock use area for this site. The person that had the complaint filed against them remedied the dock use area concerns by moving the dock over slightly; however, they never remedied the three restricted watercraft being stored at the site because they were not all owned and registered by residents of the single-family residential structure. Last September, a letter was forwarded to this resident stating that they would need to document that all restricted watercraft were owned by residents of the site if more than two restricted watercraft were being stored at this site. · A second written complain was received this past spring again claiming too many restricted watercraft were being stored at this site and because the docking and watercraft were not being stored within the dock use area for this site. Although three restricted watercraft were observed at this site, it has since been addressed when one of the restricted watercraft has been moved from the site. However, there appears to be a setback violation because a larger cruiser has been stored at the site within minimum side setbacks and the owner of the site does not have consent of at least one of the abutting neighbors. However, without a survey, this encroachment is difficult to prove beyond a reasonable doubt in a criminal prosecution. · The neighbor that has had the complaint filed against them in 2003 and 2004 has expressed a concern that the neighbor on the other side of them does not comply with Code, with an emphasis on a dock use area violation for setbacks and too many restricted watercraft being stored at the site. This resident has requested that the LMCD check further into this; however, they are not willing to file the complaint in writing. · The question for the Board to address is whether staff should check further into this until the complaint is submitted in writing. Van Hercke stated that she had talked to this resident and they have questioned why the LMCD would not check into the other neighbor that is in non-compliance with LMCD Code, although this resident does not comply with the rules. She believed that there are a number of other residents in the immediate neighborhood that do not comply with the regulations and she questioned why we would not check into this further. Seunjtens questioned why this resident would not formalize the complaint in writing. Van Hercke stated that the circumstances are unique because the Minnetonka Police Department has been called in for an assault type situation. She stated that she had talked to Chair Skramstad and that he was sensitive to the situation. Chair Skramstad stated that he was compelled to follow the unwritten policy that requires complaints to be formalized in writing unless the Board decides differently. Chair Skramstad has communicated that he prefers that complaints be formalized in writing. The Board discussed the current policy of dealing with complaints after they have been formalized in writing. This included proactive enforcement on a lakewide basis compared to proactive enforcement in only a specific area that has problems. There was discussion on how consent can only be attained for side setback encroachment and not for the number of restricted watercraft being stored at a site. The -2922- Lake Minnetonka Conservation District Regular Board Meeting July 28, 2004 Page 17 consensus of the Board was to allow Van Hercke to file a complaint on behalf of the second party against the third party for violation of LMCD Code for dock use area and the number of restricted watercraft being stored at the site. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 11:05 p.m. Katy Van Hercke, Vice Chair Jose Valdesuso, Secretary -2923- Page 1 of 4 Kandis Hanson From: To: Sent: Subject: "Leah Weycker" <weyckerl@westonka.k12.mn.us> "Leah Weycker" <weyckerl@westonka.k12.mn.us> Wednesday, September 15, 2004 6:57 PM WHCC 9/22 **Westonka Healthy Community Collaborative Wednesday, September 22, 2004'* 12:00-1:30 PM Gillespie Center 2590 Commerce Blvd. Mound Any comments or questions, contact Leah Weycker, Collaborative Coordinator, at 952-491-8058 or 1. Lunch 12:00 Feel free to bring your own bag lunch or join us for a light "free will donation" lunch, suggested value $6.00. 2. Introductions 3. Additions or Changes to the Agenda / Minutes 4. Almouncements 5. Finish Discussion of WHCC and Alliance priorities. The large group will review WHCC and Alliance trends, concerns and gaps in service. We hope the information will direct our advisory and task force groups in identifying trends that need more research and action. Plus, we will be looking at how the Alliance can prioritize the county wide goals. 6. Survey for evaluating the WHCC How are we doing? It always helps to evaluate how we are doing and what we can do to keep focused and successful. 7. Web site update - westonka.org New magnets are here! The web site is a success and continues to get new, valuable information. Please look at the web site to see if you have any suggestions for improvement. "How wonderful it is that nobody need wait a single moment before starting to improve the world." -- Anne Frank -2924- 9/16/2004 Page 2 of 4 **Advisory Group Updates Health - Depression and Suicide Awareness Task Force Sandy Olstad, Mary Goode, Jeanette Metz, Mark Brekke The health group has not met. Be sure to pass on referrals to Jessie Billiet at WeCAN for free medical services with Mound Ridgeview Clinic. The program has seen about 5 patients so far. Youth Activities - Skate Park Task Force Sandy Rauschendorfer-temp chair, Jean Ann Thayer, Kathy Jones, Kim Erickson Heiar We continue to plug away at finishing the skate park. We are canceling the fundraising event that was set for Oct. 9 because we are having a hard time booking any groups this late in the summer. We will plan a grand opening event for Spring instead. The After School Activity bus will start on Oct. 4th and run until we run out of money. Grandview has helped fund the bus this year when we reduced our contribution. The bus will be FREE to the riders. $50,000 Grant! The western Hennepin collaboratives, including us, have received a grant to screen kids entering the juvenile justice system. Referrals will be made by area police departments. Details are being worked out to implement the project with Relate counseling. Parent Education Sandy Wing, Sandy Olstad, Holly Rakocy, Amy Taggart First draft of the parent newsletter is done. It will feature articles on nutrition and brain development. Send any ideas our way. Community Margaret Holste, Carol Olson, Ginny Lozano, Jeanette Metz, Dena Kuenzel The community group will meet again in the fall. Executive / Finance Kim Heiar, Carol Olson, Margaret Holste, Sandy Wing, Sandy Raushendorfer, Mary Hughes The Executive group did not meet this month. Alliance for Families and Children in Hennepin County Collaborative coordinators, through the Alliance, are discussing implementation of What's Up?, a hotline for teens. What's Up? covers events, jobs, activities, music, dances, mentoring, leadership and other youth related topics. This may be funded by Alliance funds. **Westonka Healthy Community Collaborative Minutes - August 25, 2004 Present: Carol Olson, Sandy Olstad, Peter Meyer, Johanna Eckman, -2925- 9/16/2004 Page 3 of 4 Denise Eng, Patsy Kiesow, Dena Kuenzel, Jim Kurtz, Ginny Lozano, JeanAnn Thayer, Amy Taggart, Mary Hughes, Gloria Lundberg-Jorgenson, Elaine Lyman, Leah Weycker, Bill Erickson Guests: Dave Kolb, Minnetrista Police Department, Robin Eller, Margaret Shoji, and Dave Santella 1. Introductions and lunch 2. Additions or Changes to the Agenda/Minutes: Carol Olson made a correction of the date of the next meeting. It should read August, not September. Amy Taggart made a motion to approve the minutes with the noted changes. Dena Kuenzel seconded. Motion passed unanimously. 2. Announcements: WeCAN is collecting school supplies that will be distributed to children in need. They are in need of 3 ring binders (1 and 1 1/2 inch), scissors, and colored pencils. Kids can get these supplies through out the year. Dena announced a Memory Walk that will take place at Presbyterian Homes on Sept. 25. There will also be a scarecrow display in the pumpkin patch. Amy will be purchasing a bunch of skid lid helmets for the skate park users. The Mound police department is willing to sell them out of the police office. We will also have them for the skate park fundraiser on Oct. 9. Sandy Olstad announced that there will be a blood drive at St. Johns on Sept. 30. There will also be a blood drive at Presbyterian Homes on Sept. 29. 3. Eric Billiet, The Garage in Burnsville Eric talked about the Garage being a community, not a building. They try to be inclusive and feature a youth vote to make changes and create programs. The Garage is run through the city of Burnsville with help from volunteers, Dakota County public health, chamber of commerce, civic organizations, YMCA, the faith community, a local music industry, and more. They have been operating since 1999 with a $100,000 interest free loan from the city. Additional operating money comes from CBDG, weed and seed, and other grants. They collect data for grant writing and program purposes. Music is a draw for many of the kids. 15 staff people are on duty for weekends and big events. Most kids drive to the Garage but several of the younger kids are dropped off. (It would be good to plan a turn around if possible.) Most of the weekends draw 200 kids and as many as 600 have been at one event. Through the ladder of participation, they try to give youth a true voice in the program, not a token role. Kids are elected to the advisory board. They wrote a mission statement that includes treatment of participants and atmosphere of the Garage. The youth truly run this - 2926 - 9/16/2004 Page 4 of 4 center. It doesn't work to say that "the youth are our future" or have a goal of keeping "kids off the streets". A sign up sheet was sent around for a task force to continue looking at establishing a youth/community center in our community. 4. WHCC and Alliance Priorities We did not have time to get to the resource mapping document. We will put it on the next agenda. Mary Hughes moved, seconded by Amy Taggart, to adjourn the meeting. Motion passed unanimously. Leah Weycker, Recorder - 2927 - 9/16/2004 September 20, 2004 Dear Local Official: Enclosed is a preliminary housing performance score for your community for 2004, determined pursuant to the Guidelines for Priority Funding for Housing Performance (appropriate pages of the criteria enclosed). In large part, the scoring is based upon information provided by your community in our recent housing surveys Part A and Part B. I am sending a copy of this letter and enclosure to both the city administrator/manager or township clerk and the person to whom the surveys were originally sent. In June, we mailed surveys asking communities to complete and return them in July. In early July, we sent a follow up asking that the unreturned surveys be completed by the end of July. In August we began our process of determining preliminary scores from the information in the surveys. The enclosed score sheet indicates the preliminary points by criteria for your community. Points for criteria 1,2,3 and 5 are based on Council data compiled from information provided by state or county agencies, local government, HUD, MFHA and local HRAs. Scores for the remaining criteria are based on the information provided to the Council via the surveys. If we did not receive a completed survey or information was not provided for any survey question, the score for those applicable criteria will reflect this. The score sheet also indicates the final performance score for your community in 2003. If, after reviewing these scores you want to provide additional information in order to improve your score in any criterion, or you believe you should have received more points in any criterion given your answers, please send me the information or call me as soon as possible. Because funding decisions for all three LCA funding accounts have, or will shortly begin, and the housing performance scores will be a factor in those funding decisions, I ask that you provide this additional information no later than October 1. Final performance scores for 2004 will be mailed to all communities in October. Please call me at 651-602-1418 if you have any questions or want to discuss your community's performanc~r~ GdY D. Peterson Planning Analyst ne-z- / 7 Enclosures cc: w/enclosure: City Administrator/Manager ToWnship Clerk V:\LIBRARY~COMMUNDVkPETERSONX2004~rlsp Perf'~091604 T t~ea113t",q I{PS.doc - 2928- Preliminary Housing Performance Score- 2004 Name of City / Township Criteria - 100 points possible 4. P_ 7. c~ O 10. Total Preliminary Score Final Score 2003 C:\Documenf~ and Settings\petersgd~Local Settings~TernpX2004 Prl .doc -2929- Affordability and Diversification 0 to 8 points 1. Municipalities are ranked according to the percent of their owner-occupied housing (homesteads) with an assessed valuation equal to or lower than an amount affordable to households at 80 percent of area median income, and their total number of mobile homes. 0 to 8 points 2. Municipalities are ranked according to the percent of their total housing stock that is comprised of rental units affordable to households of low- and moderate-income (50 percent of area median income or less). This includes all federally subsidized rental units - public housing, Section 8 housing, units subsidized by the U.S. Department of Agriculture, units developed with the use of low-income housing tax credits, units developed with the assistance of MHFA, the LCA Fund or the assistance of a local fiscal tool or housing finance initiative. 0 to 8 points 3. Municipalities are ranked according to the percent of their housing stock that is comprised of units that are not single family detached units developed in the typical detached housing site plan approach. These units may include twinhomes, quads, apartments, townhomes, condominiums, detached townhomes, mobile homes, and units developed with a zero-lot line. 0 to 10 points 4. 0 to 3 points Municipalities are ranked according to the percent of net units added to their housing stock that are affordable - both ownership and rental since the Council began monitoring in 1996. These "new" units may include units that have been "preserved" as affordable for a definitive period of time because of public or private re-investment to retain their affordability. ("Net units" means that affordable habitable units, not including units on land with a property tax classification of 4C, removed as the result of a city initiative will be subtracted from the total new affOrdable units.) 5. HouSing for special needs Municipalities are awarded up to three points for the following types of special housing within their jurisdiction: · Housing for Which federal, state, county or local funds or those of a non-profit organization have been used to purchase and operate residential units or provide licensed housing that is not for the purposes of incarceration, but as a transitional placement of adult offenders or adjudicated delinquents · A publicly subsidized or non-profit group home licensed by the Department of Health or Department of Human Services which provides temporary or permanent housing for the physically handicapped, mentally ill, developmentally disabled or chemically dependent 6 -2930- _ · A shelter which is publicly subsidized and/or operated by a non-profit group to provide temporary housing for homeless persons and families, battered women or those not otherwise able to secure private housing · Housing for individuals and families who are homeless, but x,vith a transitional stay of six to 24 months, and the assistance of advocates, can work towards housing stability and self-sufficiency to obtain permanent housing. Each instance of such housing is worth 1 point. Local Initiatives to 0 to 15 points 6. 0 to 15 points 7. Facilitate Affordable Workforce Housing Development or Preservation Fiscal Tools and Initiatives The municipality has in place adopted local policy in its comprehensive plan or local housing plan that allows and encourages the use of a local fiscal tool or initiative and has used such a local fiscal tool to assist affordable workforce or life-cycle housing development or preservation. Examples of such fiscal tools include but are not limited to the following: Tax increment financing · Housing revenue bonds · General obligation bonds · A local property tax levy Local tax abatement · Local fee waivers or reductions · Credit enhancements · Taxable revenue bonds · Land write-down or sale · Collaboration and participation with a community land trust or other non-profit organization to preserve long-term affordability The use of federal or state dollars is only applicable if such dollars may be used for activities other than the development or preservation of affordable and life-cycle housing but the municipality has chosen by policy to use them for affordable housing development or preservation. (i.e., CDBG dollars used for housing development or preservation) EaCh local fiscal tool or initiative is WOrth 3 points. Initiatives regarding local regulation .and development requirements The municipality has in the previous two calendar years allowed the reduction, adjustment or elimination of a local official control, or development or local code requirement as a cost avoidance or reduction measure in order to facilitate the development or preservation of affordable workforce or life-cycle housing, OR has in place in its policies and official controls a commitment to make such reductions, adjustments or eliminations of requirements when they are requested by a developer in order to facilitate the development or preservation of affordable or life- -29§1 - 0 to 15 points cycle housing, or since 1996, has taken the initiative to revise its land use regulation and official controls to such a degree that these re¥isions can be shown to be permitting greater density and more frequent opportunity for reduced development costs than existed before 1996. Examples of these initiatives in the use of official controls include but are not limited to the following: · The use of a density bonus system, inclusionary housing requirements or some other innovative zoning approach · The use of variances, rezoning, special use or conditional permits or similar variations from the standards set forth in the community's zoning ordinance for the purpose of facilitating a specific affordable housing development. · A local initiative undertaken to revise local design requirements for public improvement that may reduce the cost of public services to residential p.roperties. · Modifications in public services standards or requirements that might include streets, curbs, gutter, sewer and water hookups, street lighting and other required public improvements in order to reduce development costs to increase affordability in a new residential development. · A reduction of such standards as the required street right-of-way, or surfacing width or depth design for residential street, or the size of sewer or water service lines to new housing. Each local initiative is worth 3 points. No more than 6 points may be applicable to any one affordable or life-cycle housing development or preservation activity aided by these local regulative measures. 8. Initiatives regarding housing preservation and rehabilitation The municipality has in place and has in the previous two calendar years used and promoted locally-initiated or administered (city or county) housing preservation, home improvement and/or rehabilitation programs, or other tools available to its residents to keep their housing stock in sound condition. Examples of these initiatives include but are not limited to the following: · A housing maintenance code and enforcement program for rental housing · A housing maintenance code and enforcement program for owner- occupied housing · A housing rehabilitation loan or grant program for rental housing · A housing rehabilitation loan or grant program for owner-occupied housing · A home improvement loan or grant program · A home improvement resource center · A local tool-sharing center or program Each local initiative is worth 3 points. :. -2932-8 1 to 6 points 1 to 6 points 1 to 12 points 0 or 6 points 9. Density of residential development 10. The average net density of new (or re-use) sewered housing for which a building permit was issued in the municipality in the two previous calendar years multiplied by the total number of such units in those two years are compared among all communities. Sewered communities are ranked highest to lowest, unsewered communities are ranked lowest to highest. Points will only be given to sewered communities with an overall density of three units per acre or greater and only to unsewered commurdties for which the 1998 local comprehensive plan update has been put into effect. Sewered Communities a. The average net density for attached housing units, i.e., units per acre multiplied by the number of such units permitted in the last two calendar years. b. The average net density for detached housing units (including detached townhomes and manufactured homes), i.e., units per acre multiplied by the number of such units permitted in the last two calendar years. Unsewered Communities The average net density of residential development multiplied by the number of all units permitted in the last two calendar years In the previous two calendar years, the municipality has acquired land to be held specifically for the development of affordable or senior housing (exclusively 55+), or has approved (permits may be drawn at any time) the development or local financial participation in a proposed development of new affordable or sen/or (exclusively 55+) housing, or the involvement of the municipality in the preservation and reinvestment in such housing - ownership or rental - which has not as yet been undertaken for reasons beyond the municipality's control. Points will be awarded according to the number of units involved in the proposal as follows: 2 points - less than 20 units or land acquisition for future housing 4 points - 20 to 39 units 6 points - 40 or more units 9 -2933- The Gillespie Gazette VOLXII NO10 October - 2004 Dear Members, In the last few months, this page has mentioned to you some of the ideas that were presented by members attending the "state-of-the-center" meetings. One of the fund raising ideas was to raise the membership slightly and offer an optional $100 Sustaining Membership. Enclosed in this newsletter is the 2005 renewal application. It is our hope that many of our members will be able to become Sustaining Members. This gift will be considered a donation and will include the newsletter and your name engraved on a plaque for "2005 Sustaining Members." Dues are not due until January 1st, 2005, but we are sending this early for our "snowbirds." Although, with our budget crunch, we would appreciate early renewal. We are now in the season of beautiful fall color and the fear of coming weather. But it is also the time for electing an Advisory Council for 2005. This council is concerned with the day-to-day activities of The Gillespie Center. Among it duties are suggesting ideas for programs and fund raisers. The council meets at 9:30 am on the third Wednesday of each month. Are you willing to erve as a member of this council? If you are, please call Mary Ellen Storlien for more information or submit your name for nomination. Please don't say "no" before considering serving. You may be the very person we need. The Gillespie Center is a wonderful opportunity for volunteering. We need your talent. Our receptionists are the "front line" of the center. They are the "first impression" to people coming in. Taking reservations for many activities and answering the phones are part of their duties. Is this something you would enjoy doing? The dining program is a very important part of our activities. You can participate by being a host, hostess or dishwasher. Couples may work together. These jobs involve about an hour once a month, are not difficult and are very enjoyable. Could you help in this area? Perhaps you would like to provide transportation to medical appointments. We need people willing to drive. This is a wonderful gift to someone who has no way to get to the doctor. Soon we will be having the Holiday Boutique. Lots of volunteers are needed to help with what is one of our largest fund raisers. Could you be one? If your thumbs are green, the garden club would like to talk to you. Are you willing to help with special events? This could include setting up, helping with the event, or cleaning up. Are you a computer whiz? If so, whiz right over to The Gillespie Center. Are you a carpenter, electrician, plumber, or handyman? We need your talents. ! hope you are realizing that the needs are many and varied. I also hope you will decide to join the volunteers and will look forward to seeing new faces having a great time helping The Gillespie Center. Barbara Calhoun~'''~'~ J'¢~¢"¢~-~ Chairperson of the Advisory Council 09-22-2004 07:$9AM FROM LAKE MINNETONKA COMMUNICA TO 47206~0 P.O~ -___ -2935- FROM LAKE MINNETONKA COMMUNICA TO 4?20620 P. OG -2936- TOTAL P.03 Motion by Ahrens recommending that, beginning in 2005, all Waiting List Applicants be charged a $20 non-refundable fee in lieu of the current $250 refundable application fee. Second by Funk. Motion carried. Discussion returned to the Fund Balance and the adjustments to be made to the spreadsheets. Katie will make the adjustments to the spreadsheets and e-mail or mail the commission copies. b. Capital Outlay: Fackler stated that the $2,000 for deck replacement is a carry-over from the 2004 proposed. Ahrens brought up the $10,000 for a multiple dock in 2005 and whether that needs to be brought forward as a capital outlay project, Discussion followed. No action needed on this item. 5. Dock Application Forms: The main change will come on the waiting list non-refundable fee. The LMCD fee will also be dropped onthe waiting list application. Hanus stated that staff knows what changes need to be made and asked staff to bring the changes to the next meeting to be approved. Fackler also recommended a cover letter for waiting list applicants notifying them of the non-refundable fee, Changes will be put on the October Agenda for approval. 6. Rip, rapping of Waterbank and Idlewood: Fackler was asked tO bring estimates to the October meeting. Funk also asked the commissioners to view the sites before the next meeting. Fackler stated that the only delay to this project would be the weather. 7. Shoreline Inventory, Map: Funk asked if therer,had been any changes since their last discussion in June. Fackler stated that the Lost lake area is the only real change. The transient docks have been added and that changes were made to that separate permit. The proposed townhomes will need 2000 Inft for the 40 slips they are asking for. Fackler stated that this study is a good estimate of what is out there. He recommended that the DCAC stay with the 590 BSU's because the Lost Lake transient docks and the townhomes are separate and do not count against the dock program. Fackler also brought up the success of the Share Moratorium and mentioned that he will be bringing this to the October meeting for a continuation. Fackler stated that there will be three separate licenses as a means to monitor each area better. DCAC Minutes 9/16/2004 -2937-~_ -2938- -2939- -~