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2007-11-27
0 PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA I /t �c ��-t *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Pafe 1. Call meeting to order 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent Agenda *A. Approve payment of claims *B. Approve Pay Request No. 8 by Graham Penn -Co, City Project No. PW- 0605, for work on the Mound Transit Center Project, in the • amount of $471,858.26 *C. Approve resolution amending City Parking Map instating no parking on two sides of Cyprus Lane within 30 feet of Shoreline Drive (Resolution to follow) *D. Approve resolution requesting Will Murray to be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee's initial Police and Fire deduction by the City of Mound 5726 -5750 5751 -5752 5753 5754 -5756 *E. Approve Ordinance amending subsection 365 of the City Code as 5757 -5760 it relates to signage (Tabled at 10123107 meeting) *F. Approve Resolution No. 07 -_ amending Resolution No. 04 -16 approving a 5761 -5793 minor subdivision for the property located at 4852 Lanark Road (P &Z Case No. 03 -49) 5. Public Hearings A. Action on Resolution ordering improvement and preparation of 5794 -5804 plans for 2008 Street Reconstruction Project • B. Action on liquor license violation for Mound VFW 5805 -5808 1 PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 6. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minute per speaker) �. Action on an Ordinance providing for administrative offenses and providing penalties for violation of the administrative offenses Action regarding snowmobile access at Highland End Park 9. Action on variance application by Seton Bluff Homeowners Association 10. Planningi Commission Recommendation(s) Review of 2008 Update to Mound Comprehensive Plan (Draft) Planning Commission recommendation: Approve resolution authorizing Distribution of proposed 2008 update to the Mound Comprehensive Plan To all adjacent and affected governmental units as required by Minnesota State Law (Metropolitan Land Planning Act) 11. Action approving minutes: November 13, 2007 regular meeting 12. Miscellaneous /Correspondence A. Comments /reports from Council Members B. Reports: Public Works Facility Open House feedback C. Correspondence: • D. Other: 13. Adjourn 5809 -5833 5834 -5870 5871 -5878 5879 -5896 5897 -5898 5899 -5901 This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www.cityotmound. com. • k'VU1N%: lU DrUr rII4%ff November 27, 2007 Wpcoming Events Schedule: Don't Forget!! Dec 3 — 7:00 — Truth in Taxation Hearing Dec 10 — 7:00 — Truth in Taxation Hearing continuation, if needed Dec 11 — 6:30 — Regular HRA meeting Dec 11 — 7:30 — Regular CC meeting Dec 13 — 7:30 — Parks, Open Space and Docks Commission interviews Jan 8 — 6:30 — Regular HRA meeting Jan 8 — 7:00 — CC Annual Meeting Jan 22 — 6:30 — Regular HRA meeting Jan 22 — 7:00 — Regular CC meeting City Hall Closings Thanksgiving Nov 22 -23 Christmas Dec 24 -25 New Years Dec 31 -Jan 1 I Ka�d� lie • TOTAL $841,937.65 -5726- 111407SUE $426,269.48 NOV 112107SUE $1,961.89 NOV 112707SUE $413,706.28 NOV TOTAL $841,937.65 -5726- Batch Name 111407SUE User Dollar Amt $426,269.48 Payments Computer Dollar Amt $426,269.48 $0.00 In Balance Refer 111407 DEPARTMENT NATURAL RESOUR _ Cash Payment E 101 - 45200 -438 Licenses and Taxes AQUATICS PERMIT SEASONAL TRAIL $35.00 Invoice 111407 11/14/2007 Transaction Date 11/13/2007 Wells Fargo 10100 Total $35.00 Refer 111407 GMH ASPHALT _ Cash Payment E 401 -43107 -500 Capital Outlay FA REQUEST #6 2007 STREET $410,615.20 RECONSTRUCTION Invoice REQUEST #6 11/14/2007 Project PW0701 Transaction Date 11/13/2007 Wells Fargo 10100 Total $410,615.20 Refer 111407 MAGNEY CONSTRUCTION, INCOR Cash Payment G 601 -16300 Improvements Other Than BI REQUEST #10 /FINAL WELL #3 PUMPHOUSE $15,152.90 Invoice REQUEST #10 11/14/2007 Project PW0608 Transaction Date 11/13/2007 Wells Fargo 10100 Total $15,152.90 Refer 111407 NEEDHAM, DAVID _ Cash Payment R 601 -49400 -36200 Miscellaneous Raven 2983 OAKLAWN LANE OVERPAYMENT W/S $50.00 Invoice 111407 11/14/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $50.00 Refer 111407 SPRINT WIRELESS _ Cash Payment E 222 -42260 -321 Telephone 8 Cells 09 -19 -07 THRU 10 -18-07 CELL PHONES $40.98 Invoice 45128 -058 11/14/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $40.98 Refer 111407 SUSSMAN, MICHAEL E. _ Cash Payment G 101 -21715 Flex Plan Medical 2007 FLEX SPENDING ACCOUNT $375.40 Invoice 111407 11/14/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $375.40 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $410.40 222 AREA FIRE SERVICES $40.98 401 GENERAL CAPITAL PROJECTS $410,615.20 601 WATER FUND $15,202.90 $426,269.48 Pre -Written Check $0.00 Checks to be Generated by the Compute $426,269.48 Total $426,269.48 -5727- • • City of Mound • Payments CITY OF MOUND Current Period: November 11/20/07 1:14 PM Page 1 Batch Name 112107SUE User Dollar Amt $1,961.89 Payments Computer Dollar Amt $1,961.89 $0.00 In Balance Refer 112107 HAWKS, SHIRLEY _ Cash Payment G 101 -21715 Flex Plan Medical 2007 FLEX SPENDING ACCOUNG $1,300.00 Invoice 112107 11/21/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $1,300.00 Refer 112107 KNIGHT-, WALTER Cash Payment E 609 - 49750 -400 Repairs & Maintenance REIMBURSE TRIP LEVER ASSEMBLY $44.97 Invoice 112107 11/2112007 PO 20355 Transaction Date 11/16/2007 Wells Fargo 10100 Total $44.97 Refer 112107 KURTZ, JAMES _ Cash Payment G 101 -21716 Flex Plan Dependents 2007 DEPENDENT CARE $207.00 Invoice 112107 11/21/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $207.00 Refer 112107 MOUND POST OFFICE Cash Payment E 601 -49400 -322 Postage 11 -07 UTILITY BILLING POSTAGE $148.76 Invoice 112107 11/2112007 Payment E 602 -49450 -322 Postage 11 -07 UTILITY BILLING POSTAGE $148.76 Dash voice 112107 11/21/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $297.52 Refer 112107 T- MOBILE CELL PHONE Cash Payment E 281 -45210 -321 Telephone & Cells 10 -03 -07 THRU 11 -02 -07 CELL PHONE $47.20 Invoice 112107 11/21/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $47.20 Refer 112107 VERIZON WIRELESS (F1RE/MANA Cash Payment E 101 - 41310 -321 Telephone & Cells 11-07 CELL PHONES $39.26 Invoice 1778706507 11/21/2007 Cash Payment E 222 -42260 -321 Telephone & Cells 11 -07 CELL PHONES $2.25 Invoice 1778706507 11/21/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $41.51 Refer 112107 XCEL ENERGY Cash Payment E 101 -42115 -381 Electric Utilities 10 -07 #51- 6002835 -9 $23.69 Invoice 198234257 11/21/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $23.69 • -5728- City of Mound 11/20/07 1:14 PM Page 2 Payments CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND Current Period: November 2007 10100 Wells Fargo $1,569.95 $2.25 $47.20 $148.76 $148.76 $44.97 $1,961.89 Pre -Written Check $0.00 Checks to be Generated by the Compute $1,961.89 Total $1,961.89 -5729- • 0 CITY OF MOUND City of Mound Payments Current Period: Batch Name 112707SUE User Dollar Amt $413,706.28 Payments Computer Dollar Amt $413,706.28 $0.00 In Balance Refer 112707 AAA NURSERY AND LANDSCAPIN 11/20/07 4:54 PM Page 1 Cash Payment E 101 -45200 -232 Landscape Material BLACK DIRT $479.25 Invoice 112707 11/27/2007 voice 26418 11/27/2007 Transaction Date 11/19/2007 Wells Fargo 10100 Total $479.25 Refer 112707 ABLE HOSE AND RUBBER, INCOR _ $1,272.56 Refer 112707 Cash Payment E 602 - 49450 -221 Equipment Parts SUCTION HOSE $234.25 Invoice 07 -09219 11/27/2007 PO 2385 E 22242260 -325 Pagers -Fire Dept. PAGER REPAIR Transaction Date 11/19/2007 Wells Fargo 10100 Total $234.25 Refer 112707 ALCOHOL AND GAMBLING ENFOR _ Cash Payment Cash Payment E 609 - 49750 -438 Licenses and Taxes 2008 RETAILERS BUYERS CARD $20.00 Invoice 112707 11/27/2007 PO 20557 11/27/2007 Transaction Date 11/19/2007 Wells Fargo 10100 Total $20.00 Refer 112707 AMUNDSON, M. LLP Refer 112707 , u.. MIUM ICE ARCTIC GLACIER PREMIUM Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $818.25 Invoice 26901 11/27/2007 ICE $44.47 Cash Payment E 609-49750 -256 Tobacco Products For R CIGARETTES $454.31 voice 26418 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $1,272.56 Refer 112707 ANCOM TECHNICAL CENTER _ Cash Payment E 22242260 -325 Pagers -Fire Dept. PAGER REPAIR $95.00 Invoice 75571 11/27/2007 Cash Payment E 222 - 42260 -325 Pagers -Fire Dept. PAGERS $2,333.68 Invoice 46777 11/27/2007 Transaction Date 11/20/2007 , Wells Fargo 10100 Total $2,428.68 Refer 112707 , u.. MIUM ICE ARCTIC GLACIER PREMIUM Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $44.47 Invoice 463731105 11127/2007 Cash Payment E 60949750 -255 Misc Merchandise For R ICE $32.05 Invoice 463731704 11127/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $76.52 Refer 112707 ASPEN EMBROIDERY AND DESIG _ Cash Payment E 10142400 -218 Clothing and Uniforms EMBROIDER MOUND LOGO, HANSON, R $9.32 Invoice 112707 11/27/2007 Cash Payment E 10143100 -218 Clothing and Uniforms EMBROIDER MOUND LOGO, HANSON, RAY $9.32 Invoice 112707 11/27/2007 Cash Payment E 601- 49400 -218 Clothing and Uniforms EMBROIDER MOUND LOGO, HANSON, R. $9.32 Invoice 112707 11/27/2007 Cash Payment E 60249450 -218 Clothing and Uniforms EMBROIDER MOUND LOGO, HANSON, R. $9.32 Invoice 112707 11/27/2007 Cash Payment E 281-45210 -430 Miscellaneous EMBROIDER MOUND LOGO, WEBER $4.47 0" voice 112707 11/27/2007 Cash Payment E 601 -49400 -218 Clothing and Uniforms EMBROIDER MOUND LOGO, WEBER $8.95 Invoice 112707 11/27/2007 -5730- City of Mound 11/20/07 4:54 PM Payments Page 2 CITY OF MOUND Current Period: November 2007 Cash Payment E 602 -49450 -218 Clothing and Uniforms EMBROIDER MOUND LOGO, WEBER $8.95 Invoice 112707 11/27/2007 ENGINEERING PROJECT STATUS Cash Payment E 101 -41500 -218 Clothing and Uniforms EMBROIDER MOUND LOGO, NELSON $7.45 Invoice 112707 11/27/2007 09 -08 -07 THRU 10 -19-07 MONTHLY $203.13 Transaction Date 11/19/2007 Wells Fargo 10100 Total $67.10 Refer 112707 BELLBOY CORPORATION _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,484.85 Invoice 42759100 -A 11/27/2007 ENGINEERING PROJECT STATUS Cash Payment E 609 -49750 -253 Wine For Resale WINE $332.00 Invoice 42759100 -B 11/27/2007 09 -0 8-07 THRU 10 -19 -07 MONTHLY $203.12 Cash Payment E 609 -49750 -253 Wine For Resale WINE $3,831.85 Invoice 42759100 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $611.70 Invoice 42097800 11/27/2007 WELL #3 PUMPHOUSE Cash Payment E 609 -49750 -252 Beer For Resale BEER $32.00 Invoice 42822700 -A 11/27/2007 09 -0 &07 THRU 10 -19-07 2006 STREET $2,271.25 • Cash Payment E 609 -49750 -265 Freight 11 -16 -07 DELIVERY CHARGE $1.10 Invoice 42822700 -B 11/27/2007 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $31.89 Invoice 80135500 -A 11/27/2007 Cash Payment E 609 -49750 -210 Operating Supplies SUPPLIES $128.70 Invoice 80135500 -B 11/27/2007 • Cash Payment E 609 -49750 -265 Freight 11 -16-07 DELIVERY CHARGE $4.24 Invoice 80135500 -C 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,234.95 Invoice 42822600 11/27/2007 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $19.40 Invoice 80092100 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,754.80 Invoice 42710900 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $14,467.48 Refer 112707 BOLTON AND MENK, INCORPORA Cash Payment E 101 -43100 -300 Professional Srvs 09 -08 -07 THRU 10 -19-07 MONTHLY $203.13 ENGINEERING PROJECT STATUS Invoice 0111049 -A 11/27/2007 Cash Payment E 601 -49400 -300 Professional Srvs 09 -08 -07 THRU 10 -19-07 MONTHLY $203.13 ENGINEERING PROJECT STATUS Invoice 0111049 -B 11/2712007 Cash Payment E 602 -49450 -300 Professional Srvs 09 -0&07 THRU 10 -19-07 MONTHLY $203.12 ENGINEERING PROJECT STATUS Invoice 0111049 -C 11/27/2007 Cash Payment E 675 -49425 -300 Professional Srvs 09 -0 8-07 THRU 10 -19 -07 MONTHLY $203.12 ENGINEERING PROJECT STATUS Invoice 0111049 -D 11/27/2007 Cash Payment G 601 -16300 Improvements Other Than BI 09 -08 -07 THRU 10 -19 -07 2355 CHATEAU $130.00 WELL #3 PUMPHOUSE Invoice 0111050 11/27/2007 Project PW0608 Cash Payment E 401 -43106 -300 Professional Srvs 09 -0 &07 THRU 10 -19-07 2006 STREET $2,271.25 • RECONSTRUCTION PROJECT Invoice 0111051 11/27/2007 -5731- City Of Mound 11/20/07 4:54 PM Payments Page 3 • w MO CITY OF UND -5732- Cash Payment E 675 -49425 -300 Professional Srvs 09 -08-07 THRU 10 -19-07 WCA $200.00 ADMINISTRATION Invoice 0111052 11/27/2007 Cash Payment E 601 -49400 -300 Professional Srvs 09 -08-07 THRU 10 -19 -07 WATER SYSTEM $2,459.50 REMODEL Invoice 0111053 11/27/2007 Cash Payment G 602 -16325 Distribution System 09 -08-07 THRU 10 -19 -071 AND I ANALYSIS $455.00 REPORT Invoice 0111054 11/27/2007 Cash Payment G 602 -16325 Distribution System 09 -08 -07 THRU 10 -19-07 LIFT STATION $7,145.00 IMPROVEMENTS Invoice 0111055 11/27/2007 Project PW0705 Cash Payment E 101 -43100 -300 Professional Srvs 09 -08 -07 THRU 10 -19 -07 UPDATE STREET $57.75 AND UTILITY MAPS Invoice 0111057 -A 11/27/2007 Cash Payment E 601 -49400 -300 Professional Srvs 09 -08 -07 THRU 10 -19 -07 UPDATE STREET $57.75 AND UTILITY MAPS Invoice 0111057 -B 11/27/2007 Cash Payment E 602 -49450 -300 Professional Srvs 09 -08-07 THRU 10 -19-07 UPDATE STREET $57.75 AND UTILITY MAPS _ Invoice 0111057 -C 11/27/2007 Cash Payment E 675 -49425 -300 Professional Srvs 09 -08-07 THRU 10 -19 -07 UPDATE STREET $57.75 AND UTILITY MAPS Wash voice 0111057 -D 11/27/2007 Payment E 601 -49400 -300 Professional Srvs 09-08 -07 THRU 10 -19 -07 WATER SUPPLY $195.00 EMERGENCY CONSERVATION Invoice 0111058 11/27/2007 Cash Payment E 450 -46388 -300 Professional Srvs 09 -08-07 THRU 10 -19 -07 TRANSIT PARKING $157.00 DECKI Invoice 0111029 11/27/2007 Project 06001 Cash Payment G 675 -16325 Distribution System 09 -08 -07 THRU 10- 19-07 2280 $65.00 COTTONWOOD DRAINAGE STUDY Invoice 0111060 11/27/2007 Project PW0604 Cash Payment E 675 - 49425 -300 Professional Srvs 09 -08 -07 THRU 10 -19-07 WALNUT, RAMBLER $2,924.00 DRAINING STUDY Invoice 0111061 11/27/2007 Project PW0704 Cash Payment G 675 -16325 Distribution System 09 -08-07 THRU 10 -19 -07 FRANKLIN, $65.00 GLADSTON DRAINAGE STUDE Invoice 0111062 11/27/2007 Project PW0604 Cash Payment E 427 -43121 -224 Street Maint Materials 09-08 -07 THRU 10 -19-07 AUDITORS RD $15,761.95 UTILITIES RECONSTRUCTION Invoice 0111063 11/27/2007 Project PW0507 Cash Payment E 401 -43107 -300 Professional Srvs 09 -08-07 THRU 10 -19-07 2007 STREET $57,807.75 IMPROVEMENTS Invoice 0111064 11/27/2007 Project PWO701 Cash Payment E 675 -49425 -300 Professional Srvs 09 -08 -07 THRU 10 -19 -07 PORT HARRISON $1,678.50 DRAINAGE STUDY Invoice 0111067 11/27/2007 Project PW0704 Cash Payment E 675 -49425 -300 Professional Srvs 09 -08-07 THRU 10 -19 -07 HIGHLAND AREA $1,943.00 DRAINAGE IMPROVEMENTS Invoice 0111068 11/27/2007 Project PW0704 ash Payment G 101 -23077 Halstead Point #06 -02 09 -08 -07 THRU 10 -19 -07 HALSTEAD POINTE $505.00 #06-02 Invoice 0111069 11/27/2007 -5732- City of Mound 11/20/074:54 PM Page 4 Payments CITY OF MOUND • Current Period: November 2007 Cash Payment E 401 - 43108 -300 Professional Srvs 09 -08-07 THRU 10 -19 -07 2008 STREET $12,136.00 RECONSTRUCTION Invoice 0111070 11/27/2007 Project PW0801 Cash Payment E 427 -43121 -224 Street Maint Materials 09-08 -07 THRU 10 -19-07 AUDITORS ROAD $3,316.50 Invoice 0111071 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $110,258.95 Refer 112707 BUREAU OF CRIMINAL APPREN T Cash Payment E 101 - 42110 -434 Conference & Training INTOXILYZER RECERTIFICATION, $50.00 SCHOENHERR Invoice 112707 11/27/2007 PO 20298 Cash Payment E 101 - 42110 -434 Conference & Training INTOXILYZER RECERTIFICATION, $50.00 SCHOENHERR, BECK Invoice 112707 11/27/2007 PO 20298 Transaction Date 11/20/2007 Wells Fargo 10100 Total $100.00 Refer 112707 CARGIL SALT DIVISION Cash Payment E 101 -43100 -237 Deicing Salt BULK ICE CONTROL $724.35 Invoice 2024120 11/27/2007 Cash Payment E 101 -43100 -237 Deicing Salt BULK ICE CONTROL $2,308.91 Invoice 2023150 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $3,033.26 Refer 112707 CARQUEST OF NAVARRE P Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #102 FUEL FILTERS $17.20 Invoice 6974 - 53380 -A 11/27/2007 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs #102 FUEL FILTERS $17.20 Invoice 6974 - 53380 -B 11/27/2007 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs #102 FUEL FILTERS $17.20 Invoice 6974 - 53380 -C 11/27/2007 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #404 OIL FILTERS $106.07 Invoice 6974 -53209 11/27/2007 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs PLOW TRUCKS TRANS FILTER $95.57 Invoice 6974 -53089 11127/2007 Cash Payment E 60149400 -221 Equipment Parts EXHAUST RAIN CAP WELL #8 $8.82 Invoice 6974 -52803 11/27/2007 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #106, #206 OIL FILTERS $10.15 Invoice 6974 -52420 11/27/2007 Cash Payment E 101 - 43100404 Machinery/Equip Repairs #106, #206 OIL FILTERS $20.31 Invoice 6974 -52425 11/27/2007 Cash Payment E 10143100404 Machinery/Equip Repairs #302 TRANS FILTER $14.08 Invoice 6974 -52542 11/27/2007 Cash Payment E 101 - 43100404 Machinery/Equip Repairs #302 TRANS FILTER $28.16 Invoice 6974 -52540 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $334.76 Refer 112707 CENTERPOINT ENERGY (MINNEG Cash Payment E 101 -41910 -383 Gas Utilities 09 -17 -07 THRU 10 -16-07 #5728173 $245.23 Invoice 112707 11/27/2007 Cash Payment E 101 -43100 -383 Gas Utilities 09 -17 -07 THRU 10 -16 -07 #5731601 $21.83 Invoice 112707 11/27/2007 Cash Payment E 601 -49400 -383 Gas Utilities 09 -17 -07 THRU 10 -16 -07 #5731601 $21.83 Invoice 112707 11/27/2007 -5733- is • City of Mound 11/20/07 4:54 PM Page 5 Payments _- CITY OF MOUND Current Period: November 2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $644.08 Refer 112707 CENTRAL MCGOWAN, INCORPOR _ Cash Payment E 101 -43100 -220 Repair /Maint Supply ARGON, OXYGEN $31.13 Invoice 00361286 -A 11/27/2007 Cash Payment E 601 -49400 -220 Repair /Maint Supply ARGON, OXYGEN $31.13 Invoice 00361286 -B 11/27/2007 Cash_Payment E 602 -49450 -220 Repair /Maint Supply ARGON, OXYGEN $31.12 Invoice 00361286 -C 11/27/2007 Kansaction Date 11/19/2007 Wells Fargo 10100 Total $93.38 efer 112707 COCA COLA BOTTLING - MIDWEST Cash Payment E 609-49750 -254 Soft Drinks/Mix For Resa MIX $417.60 Invoice 0188199614 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $417.60 Cash Payment E 601 - 49400 -440 Other Contractual Servic 11 -06-07 THRU 12 -07 -07 COPIER Cash Payment E 602 -49450 -383 Gas Utilities 09 -17 -07 THRU 10 -16-07 #5731601 $21.83 Invoice 112707 11/27/2007 11/27/2007 Cash Payment E 609 -49750 -383 Gas Utilities 09 -17 -07 THRU 10 -16 -07 #5762358 $39.93 Invoice 112707 11/27/2007 MAINTENANCE Cash Payment E 101 -42110 -383 Gas Utilities 09 -17 -07 THRU 10- 16-07 #5765631 $64.43 Invoice 112707 11/27/2007 E 281 - 45210 -440 Other Contractual Servic 11 -06-07 THRU 12 -07 -07 COPIER Cash Payment E 222 -42260 -383 Gas Utilities 09 -17 -07 THRU 10- 16-07 #5765631 $64.43 Invoice 112707 11/27/2007 11/27/2007 Cash Payment E 101 -45200 -383 Gas Utilities 09 -17 -07 THRU 10 -16-07 #6093897 $37.43 Invoice 112707 11/27/2007 11/27/2007 Cash Payment E 101 -45200 -383 Gas Utilities 09 -17 -07 THRU 10 -16-07 #5714383 $127.14 Invoice 112707 11/27/2007 DAY DISTRIBUTING _ TING COMPANY Transaction Date 11/15/2007 Wells Fargo 10100 Total $644.08 Refer 112707 CENTRAL MCGOWAN, INCORPOR _ Cash Payment E 101 -43100 -220 Repair /Maint Supply ARGON, OXYGEN $31.13 Invoice 00361286 -A 11/27/2007 Cash Payment E 601 -49400 -220 Repair /Maint Supply ARGON, OXYGEN $31.13 Invoice 00361286 -B 11/27/2007 Cash_Payment E 602 -49450 -220 Repair /Maint Supply ARGON, OXYGEN $31.12 Invoice 00361286 -C 11/27/2007 Kansaction Date 11/19/2007 Wells Fargo 10100 Total $93.38 efer 112707 COCA COLA BOTTLING - MIDWEST Cash Payment E 609-49750 -254 Soft Drinks/Mix For Resa MIX $417.60 Invoice 0188199614 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $417.60 Cash Payment E 601 - 49400 -440 Other Contractual Servic 11 -06-07 THRU 12 -07 -07 COPIER $11.00 MAINTENANCE Invoice 90258 -A 11/27/2007 Cash Payment E 602- 49450 -440 Other Contractual Servic 11 -06-07 THRU 12 -07 -07 COPIER $11.00 MAINTENANCE Invoice 90258 -B 11/27/2007 Cash Payment E 281 - 45210 -440 Other Contractual Servic 11 -06-07 THRU 12 -07 -07 COPIER $5.50 MAINTENANCE Invoice 90258 -C 11/27/2007 Cash Payment E 101 - 41910 -440 Other Contractual Servic 10 -07 COPY MAINTENANCE $396.00 Invoice 89984 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $423.50 Refer 112707 DAY DISTRIBUTING _ TING COMPANY Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,544.82 * voice 433959 11127/2007 ash Payment E 609 -49750 -252 Beer For Resale CREDIT —BEER - $2,333.10 Invoice 424219 -B 11/27/2007 -5734- City Of Mound Payments CITY OF MOUND Current Period: November 2007 - 11/20/074:54 PM Page 6 • Cash Payment E 609 -49750 -252 Beer For Resale BEER $116.00 Invoice 427218 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale CREDIT —BEER 4535 Invoice 425918 -B 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $147.60 Invoice 434574 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,335.80 Invoice 433032 11/27/2007 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $80.00 Invoice 433208 -A 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $928.00 Invoice 433208 -B 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $2,813.37 Refer 112707 DOCKMASTERS OF LAKE MINNET Cash Payment E 101 - 45200 -440 Other Contractual Servic MOUND BAY PARK DOCK $210.00 Invoice 201437 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $210.00 Refer 112707 FIRSTLAB _ Cash Payment E 101 -43100 -305 Medical Services RANDOM DRUG SCREENING $39.00 Invoice 261939 -A 11/27/2007 Cash Payment E 602 -49450 -305 Medical Services RANDOM DRUG SCREENING $39.00 • Invoice 261939 -B 11/27/2007 Transaction Date 11/19/2007 Wells Fargo 10100 Total $78.00 Refer 112707 FITZCO, INCORPORATED _ Cash Payment E 101 -42110 -210 Operating Supplies EVIDENCE, PROPERTY ENVELOPES $97.05 Invoice 34362 11/27/2007 PO 20288 Transaction Date 11/19/2007 Wells Fargo 10100 Total $97.05 Refer 112707 FLAHERTY'S HAPPY TYME COMP Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $180.60 Invoice 22571 11/27/2007 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX - $65.45 Invoice 22480 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $115.15 Refer 112707 G & K SERVICES Cash Payment E 101 -43100 -218 Clothing and Uniforms 11 -06-07 UNIFORMS $51.05 Invoice 6488551 11/27/2007 Cash Payment E 601 -49400 -218 Clothing and Uniforms 11 -06-07 UNIFORMS $32.70 Invoice 6488551 11/27/2007 Cash Payment E 602 -49450 -218 Clothing and Uniforms 11 -06 -07 UNIFORMS $37.53 Invoice 6488551 11/27/2007 Cash Payment E 101 -43100 -230 Shop Materials 11 -06-07 MATS $43.77 Invoice 6488551 11127/2007 Cash Payment E 601 -49400 -230 Shop Materials 11 -06-07 MATS $43.77 Invoice 6488551 11/27/2007 Cash Payment E 602 -49450 -230 Shop Materials 11 -06-07 MATS $43.77 • Invoice 6488551 11/27/2007 Cash Payment E 101 -45200 -218 Clothing and Uniforms 11 -13 -07 UNIFORMS $15.18 Invoice 6496512 11/27/2007 -5735- 0 CITY OF MOUND City of Mound Payments November 2007 11/20/07 4:54 PM Page 7 Cash Payment E 101 -45200 -210 Operating Supplies 11 -13 -07 MATS $53.84 Invoice 6496512 11127/2007 Cash Payment E 101 - 42110 -460 Janitorial Services 11 -06-07 MATS $36.82 Invoice 6488554 11/27/2007 Cash Payment E 609 - 49750 -460 Janitorial Services 11 -06 -07 MATS $53.23 Invoice 6488549 11/27/2007 Cash Payment E 101 -43100 -218 Clothing and Uniforms 10 -03 -07 UNIFORMS $53.51 Invoice 6481829 11/27/2007 Cash Payment E 601 -49400 -218 Clothing and Uniforms 10 -03 -07 UNIFORMS $32.70 Invoice 6481829 11/27/2007 Cash Payment E 602 -49450 -218 Clothing and Uniforms 10 -03 -07 UNIFORMS $37.53 Invoice 6481829 11/27/2007 Cash Payment E 101 -43100 -230 Shop Materials 10 -03 -07 MATS $38.87 Invoice 6481829 11/27/2007 Cash Payment E 601 -49400 -230 Shop Materials 10 -03 -07 MATS $38.87 Invoice 6481829 11/27/2007 Cash Payment E 602 -49450 -230 Shop Materials 10 -03 -07 MATS $38.86 Invoice 6481829 11/27/2007 Cash Payment E 101 - 419_10 -460 Janitorial Services 11 -20 -07 MATS $184.56 Invoice 6505426 _ 11/27/2007 Cash Payment E 101 - 45200 -218 Clothing and Uniforms 11 -20 -07 UNIFORMS $18.14 voice 6505427 -A 11/27/2007 ash Payment E 101 - 45200 -210 Operating Supplies 11 -20 -07 MATS $63.87 Invoice 6505427 -B 11/27/2007 Cash Payment E 222 - 42260 -460 Janitorial Services 11 -06 -07 MATS $108.74 Invoice 6488553 11/27/2007 Cash Payment E 101 -43100 -218 Clothing and Uniforms 11 -13 -07 UNIFORMS $51.05 Invoice 6496511 11/27/2007 Cash Payment E 601 -49400 -218 Clothing and Uniforms 11 -13 -07 UNIFORMS $62.31 Invoice 6496511 11/27/2007 Cash Payment E 602 -49450 -218 Clothing and Uniforms 11 -13-07 UNIFORMS $37.53 Invoice 6496511 11/27/2007 Cash Payment E 101 -43100 -230 Shop Materials 11 -13 -07 MATS $39.80 Invoice 6496511 11/27/2007 Cash Payment E 601 -49400 -230 Shop Materials 11 -13 -07 MATS $39.80 Invoice 6496511 11/27/2007 Cash Payment E 602 -49450 -230 Shop Materials 11 -13 -07 MATS $39.80 Invoice 6496511 11/27/2007 Cash Payment E 609- 49750 -460 Janitorial Services 11 -20 -07 MATS $73.63 Invoice 6505423 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $1,371.23 Refer 112707 GIESE, LEROY _ Cash Payment E 101 -43100 -305 Medical Services 2007 SAFETY LENS $345.20 Invoice 112707 11/27/2007 Transaction Date 11/19/2007 Wells Fargo 10100 Total $345.20 AlWefer 112707 GRAND PERE WINES, INCORPOR _ sh Payment E 609 -49750 -253 Wine For Resale WINE $888.00 Invoice 00020085 11/27/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $888.00 -5736- City of Mound 11/20/07 4:54 PM Page 8 Payments CITY OF MOUND Current Period: November 2007 Refer 112707 GRAPE BEGINNINGS, INCORPOR Cash Payment E 609 -49750 -253 Wine For Resale WINE $800.25 Invoice 95458 11/27/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $800.25 Refer 112707 GRIGGS COOPER AND COMPANY Cash Payment E 609 -49750 -253 Wine For Resale WINE $33.50 Invoice 684252 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,171.25 Invoice 684251 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,588.85 Invoice 684250 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $302.52 Invoice 683867 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR -$6.66 Invoice 737919 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $79,25 Invoice 688251 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $7,174.02 Invoice 688249 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $3,221.20 Invoice 688250 11/27/2007 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT— LIQUOR - $14.34 • Invoice 737381 11/27/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $15,549.59 Refer 112707 HANSON, RAY Cash Payment E 101 -42110 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE $12,49 Invoice 112707 11/27/2007 Cash Payment E 101 -43100 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE $12.49 Invoice 112707 11/27/2007 Cash Payment E 601 -49400 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE $12,49 Invoice 112707 11/27/2007 Cash Payment E 602 -49450 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE $12,48 Invoice 112707 11/27/2007 Cash Payment E 601- 49400 -434 Conference & Training 11 -14 -07 MPWA CONFERENCE $80.02 Invoice 112707 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $129.97 Refer 112707 HAWKINS, INCORPORATED Cash Payment E 601 -49400 -227 Chemicals CHLORINE CYLINDER Invoice 1128816 -RI 11/27/2007 Transaction Date 11/19/2007 Wells Fargo Refer 112707 HEARTLAND DISTRIBUTION LLC Cash Payment E 101 - 43100-404 Machinery/Equip Repairs AUTO REPAIRS Invoice 001629 11/27/2007 PO 20386 $40.00 10100 Total $40.00 $890.13 Transaction Date 11/16/2007 Wells Fargo 10100 Total $890.13 Refer 112707 HENNEPIN COUNTY INFORMATIO _ Cash Payment E 101-42110-418 Other Rentals 10-07 RADIO LEASE $1,696.09 Invoice 27108034 11/27/2007 -5737- City of Mound 11/20/074:54 PM Payments Page 9 CITY OF MOUND -- 11/19/2007 111.., . „ - -1. , ..,,... l"" Wells Fargo 10100 Total ., 11 , Cash Payment E 222 - 42260 -418 Other Rentals 10-07 RADIO LEASE $967.00 Invoice 27108033 11/27/2007 11/27/2007 Cash Payment Transaction Date 11/19/2007 Wells Fargo 10100 Total $2,663.09 Refer 112707 HENNEPIN COUNTY SHERIFF'S A _ 11/27/2007 Invoice 24706 Cash Payment E 101 - 41600 -450 Board of Prisoners 10-07 PROCESSING FEE $4,801.14 Invoice 1760 11/27/2007 $1,946.75 -1 1-1-1 efer 112707 Transaction Date 11/2012007 Wells Fargo 10100 Total $4,801.14 Refer 112707 HENNEPIN COUNTY TREASUR (R _ E 222 -42260 -210 Operating Supplies TOOL BAG Cash Payment E 101 - 41600 -450 Board of Prisoners 09-07 ROOM AND BOARD $1,876.50 Invoice 002127 11/27/2007 11/27/2007 Cash Payment Transaction Date 11/20/2007 Wells Fargo 10100 Total $1,876.50 Refer 112707 HOHENSTEINS, INCORPORATED _ E 101 - 42110 -404 Machinery/Equip Repairs #841 DTF MOUNT, BALANCE TIRES Invoice 24809 Cash Payment E 609 -49750 -252 Beer For Resale BEER $147.90 Invoice 435192 11/27/2007 Transaction Date 11/19/2007 111.., . „ - -1. , ..,,... l"" Wells Fargo 10100 Total ., 11 , $147.90 Refer 72707 , , . HOISINGTON KOEGLER GROUP, I _ o 11/27/2007 Cash Payment E 401 -46540 -300 Professional Srvs 10 -08 GREENWAY PHASE 2 - CA $1,946.75 Invoice 072707 11/27/2007 Invoice 24706 11/27/2007 Transaction Date 11/20/2007 1-11111-1-11 Wells Fargo 10100 Total $1,946.75 -1 1-1-1 efer 112707 HOME DEPOT 11 CREDIT _ , REDIT (FIRE) _ _� ... , .. , __ -11 ,. I I _ . 11/27/2007 Cash Payment E 222 -42260 -210 Operating Supplies TOOL BAG $47.89 Invoice 5570551 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $47.89 Refer 112707 INFRATECH _ Cash Payment E 602 -49450 -221 Equipment Parts REPAIR CAMERA BULB $1,002.62 Invoice 0700668 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Refer 112707 ISLAND PARK SKELLY _ Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #848 DOOR ACTUATOR Invoice 24679 11/27/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 TIRE REPAIR Invoice 24687 11/27/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #850 TRUNK LOCK CYLINDER Invoice 24706 11/27/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #844 OIL CHANGE Invoice 24708 11/27/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 HEADLAMP BULB Invoice 24733 11/27/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #848 OIL CHANGE Invoice 24777 11/27/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #844 MOUNT, BALANCE TIRES Invoice 24757 11/27/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 COMPUTER SCAN voice 24785 11/2712007 ash Payment. E 101 - 42110 -404 Machinery/Equip Repairs #841 DTF MOUNT, BALANCE TIRES Invoice 24809 11/27/2007 -5738- Total $1,002.62 $457.22 $42.00 $119.90 $35.28 $24.86 $30.01 $87.00 $136.46 $121.36 City of Mound 11/20/074:54 PM ', -Page 10 Payments CITY OF MOUND Current Period: November 2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #843 FLAT TIRE $47.63 Invoice 24862 11/27/2007 Cash Payment E 601- 49400 -404 Machinery/Equip Repairs #302 BATTERY $172.40 Invoice 24722 11/27/2007 Cash Payment E 101- 43100 -404 Machinery/Equip Repairs #1205 AUTO TRANSMISSION $164.95 Invoice 24726 11/27/2007 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs #302 AUTO TRANSMISSION $146.06 Invoice 24829 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $1,585.13 Refer 112707 J AND K AUTO WHOLESALE AUTO Cash Payment E 101- 42110 -404 Machinery/Equip Repairs #842 BUFF FOR AUCTION $100.00 Invoice 112707 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $100.00 Refer 112707 JACKS LOCK AND SAFE _ Cash Payment E 222 - 42260 -401 Building Repairs REPAIR DOOR LOCKS $158.34 Invoice 605 11/27/2007 PO 20439 Transaction Date 11/20/2007 Wells Fargo 10100 Total $158.34 Refer 112707 JANI -AING OF— MINNESOTA, INCOR _ Cash Payment E 101 - 42110 -460 Janitorial Services 10 -07 CLEANING SERVICE $576.66 Invoice MIN10070673 11/27/2007 Cash Payment E 101 - 43100 -460 Janitorial Services 11 -07 CLEANING SERVICE $51.12 • Invoice MIN11070661 -A 11/27/2007 Cash Payment E 601 - 49400 -460 Janitorial Services 11 -07 CLEANING SERVICE $51.12 Invoice MIN11070661 -B 11/27/2007 Cash Payment E 602 - 49450 -460 Janitorial Services 11 -07 CLEANING SERVICE $51.12 Invoice MIN11070661 -C 11/27/2007 Cash Payment E 101 - 41910 -460 Janitorial Services 11 -07 CLEANING SERVICE $1,227.95 Invoice MIN11070664 11/27/2007 Cash Payment E 222 - 42260 -460 Janitorial Services 11 -07 CLEANING SERVICE $568.71 Invoice MIN11070663 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $2,526.68 Refer 112707 JESSEN PRESS INCORPORATED _ Cash Payment E 101 -41110 -350 Printing 2007 WINTER NEWSLETTER $1,192.80 Invoice 637468011 11/27/2007 Cash Payment E 401 -46590 -300 Professional Srvs P/W AND PARKS FACILITY OPEN HOUSE $1,473.43 Invoice 637453011 11/27/2007 Project 08900 Transaction Date 11/19/2007 Wells Fargo 10100 Total $2,666.23 Refer 112707 JET -BLACK DRIVEWAYS Cash Payment E 401 -43107 -500 Capital Outlay FA 102 -4 -07 4874 EDGEWATER Invoice 112707 11/27/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Refer 112707 JOHNSON BROTHERS LIQUOR Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 1347080 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 1347081 11/27/2007 -5739- $134.10 Total $134.10 $362.90 $372.85 . City Of Mound 11/20/07 4:54 PM Page 11 Payments CITY OF MOUND Current Period: November 2007 Invoice 112707 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $5,909.75 Refer 112707 LAWSON PRODUCTS, INC Cash Payment E 101 -43100 -230 Shop Materials MISCELANEOUS SUPPLIES $180.60 Invoice 6236069 -A 11/27/2007 PO 19396 Cash Payment E 601 -49400 -230 Shop Materials MISCELANEOUS SUPPLIES $180.60 Invoice 6236069 -B 11/27/2007 PO 19396 Cash Payment E 602 -49450 -230 Shop Materials MISCELANEOUS SUPPLIES $180.61 Invoice 6236069 -C 11/27/2007 PO 19396 Transaction Date 11/19/2007 Wells Fargo 10100 Total $541.81 Refer 112707 MARK Vll DISTRIBUTOR _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,349.70 Invoice 259996 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $80.20 Invoice 259997 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,439.45 d nvoice 257429 11/27/2007 wransaction Date 11/16/2007 Wells Fargo 10100 Total $3,869.35 Refer 112707 MID AMERICA BUSINESS SYSTEM -5740- Cash Payment E 609 -49750 -252 Beer For Resale BEER $26.25 Invoice 1347082 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $346.60 Invoice 1347083 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $376.04 Invoice 1350942 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,698.86 Invoice 1350943 11/27/2007 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $89.85 Invoice 1350944 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $8,991.31 Invoice 1350945 11/27/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $13,264.66 Refer 112707 KENNEDY AND GRAVEN _ Cash Payment E 401 -46590 -300 Professional Srvs 10 -07 P/W AND PARKS FACILITY $1,102.39 Invoice 80283 11/27/2007 Project 08900 Transaction Date 11/16/2007 Wells Fargo 10100 Total $1,102.39 Refer 112707 KIVISTO, SCOTT Cash Payment _ E 602 -49450 -218 Clothing and Uniforms 2007 BOOT ALLOWANCE $149.99 Invoice 112707 11/27/2007 &!nsaction Date 11/1612007 Wells Fargo 10100 Total $149.99 Refer 112707 KURTZ, JAMES _ Cash Payment E 101 -42110 -218 Clothing and Uniforms 2007 FITNESS SHOES $100.00 Invoice 112707 11/27/2007 Transaction Date 11/2012007 Wells Fargo 10100 Total $100.00 Refer ,N, ,..._, 112707 . �_....mr � , ._- . _...�... ,._ ..... . . ........ LAKE MINNETONKA CONSERVATI ....� ,,..,.. _ Cash Payment E 101 - 41110 -433 Dues and Subscriptions 4TH QTR LEVY PAYMENT $5,909.75 Invoice 112707 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $5,909.75 Refer 112707 LAWSON PRODUCTS, INC Cash Payment E 101 -43100 -230 Shop Materials MISCELANEOUS SUPPLIES $180.60 Invoice 6236069 -A 11/27/2007 PO 19396 Cash Payment E 601 -49400 -230 Shop Materials MISCELANEOUS SUPPLIES $180.60 Invoice 6236069 -B 11/27/2007 PO 19396 Cash Payment E 602 -49450 -230 Shop Materials MISCELANEOUS SUPPLIES $180.61 Invoice 6236069 -C 11/27/2007 PO 19396 Transaction Date 11/19/2007 Wells Fargo 10100 Total $541.81 Refer 112707 MARK Vll DISTRIBUTOR _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,349.70 Invoice 259996 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $80.20 Invoice 259997 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,439.45 d nvoice 257429 11/27/2007 wransaction Date 11/16/2007 Wells Fargo 10100 Total $3,869.35 Refer 112707 MID AMERICA BUSINESS SYSTEM -5740- Cash Payment R 601 -49400 -37170 State fee - Water City of Mound 11/20/07 4:54 PM Page 12 $5,883.00 Payments • CITY OF MOUND 11/27/2007 Cash Payment R 601 -49400 -37170 State fee - Water 10 -01 -07 THRU 12 -31 -07 CONNECTION FEE $5,883.00 Invoice 112707 11/27/2007 Invoice 112707 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $5,883.00 Refer 112707 MINNESOTA PUBLISHING _ Wells Fargo 10100 Total $26.39 Cash Payment E 609 -49750 -340 Advertising 11 -07 LAKE AREA BUSINESS $99.00 Invoice 8707 11/27/2007 PO 20554 Cash Payment E 101 -43100 -224 Street Maint Materials Transaction Date 11/16/2007 Wells Fargo 10100 Total $99.00 Refer 112707 MOORE, CARLTON Cash Payment E 101- 43100 -434 Conference & Training REIMBURSE MPWA FALL CONFERENCE $24.44 Invoice 112707 -A 11/27/2007 Invoice 137657 11/27/2007 Cash Payment E 601 - 49400 -434 Conference & Training REIMBURSE MPWA FALL CONFERENCE $24.44 Invoice 112707 -B 11/27/2007 10 -25-07 BLACKTOP $769.76 Cash Payment E 602 - 49450 -434 Conference & Training REIMBURSE MPWA FALL CONFERENCE $24.45 Invoice 112707 11/27/2007— — Cash Payment E 101 -43100 -224 Street Maint Materials Transaction Date 11/19/2007 Wells Fargo 10100 Total $73.33 Refer 112707 MOUND FIRE RELIEF ASSOCIATIO _ Cash Payment E 895 -49990 -124 Fire Pens Contrib 11 -07 FIRE RELIEF $125,830.00 Invoice 112707 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $125,830.00 Refer 112707 MOUND HARBOR RENAISSANCE Cash Payment E 401 -46377 -500 Capital Outlay FA GREENWAY TRAIL IRRIGATION $5,528.30 Invoice 112707 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $5,528.30 Refer 112707 MOUND MARKETPLACE LLC _ Cash Payment E 609 - 49750 -412 Building Rentals 12 -07 COMMON AREA MAINTENANCE $782.00 Invoice 112707 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $782.00 Refer 112707 MOUND, CITY OF c;ash Payment E 609 -49750 -382 Water Utilities 10 -07 WATER/SEWER $26.39 Invoice 112707 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $26.39 Refer 112707 MUELLER, WILLIAM AND SONS Cash Payment E 101 -43100 -224 Street Maint Materials 10 -04 -07 BLACKTOP $460.02 Invoice 137542 11/27/2007 Cash Payment E 101 -43100 -224 Street Maint Materials 10 -08-07 BLACKTOP $44.37 Invoice 137657 11/27/2007 Cash Payment E 101 -43100 -224 Street Maint Materials 10 -25-07 BLACKTOP $769.76 Invoice 138290 11/27/2007 Cash Payment E 101 -43100 -224 Street Maint Materials 10 -29-07 BLACKTOP $130.14 Invoice 138412 11/27/2007 Cash Payment E 101 -43100 -224 Street Maint Materials 10 -31 -07 BLACKTOP $67.42 Invoice 138623 11/27/2007 -5741- is • Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs TIRE KIT $9.56 Invoice 614330 11/27/2007 Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs BATTERY DCHARGER $46.98 Invoice 614266 11/27/2007 Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs LUBRICANT $7.83 Invoice 614901 11/27/2007 Cash Payment E 281 -45210 -220 Repair /Maint Supply OIL $17.00 Invoice 596860 11/27/2007 Cash Payment E 601 -49400 -221 Equipment Parts GASKET $10.52 Invoice 598046 11/27/2007 Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs CORE DEPOSIT - $68.99 Invoice 593196 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $22.90 N ELECTRIC REP AI Refer 112707 NELSON L MOTOR Cash Payment E 602- 49450 -440 Other Contractual Servic DIGESET TIMERS $347.97 Invoice 3093 11/27/2007 Transaction Date 11/19/2007 Wells Fargo 10100 Total $347.97 AlbVefer 112707 NEOPOST ash Payment E 101-41910-400 Repairs & Maintenance INKJET CARTRIDGE $159.76 Invoice 12311488 11/27/2007 PO 20267 Transaction Date 11/20/2007 Wells Fargo 10100 Total $159.76 Refer 112707 NEW FRANCE WINE COMPANY _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $486.25 Invoice 46283 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $486.25 Refer 112707 NEWMAN SIGNS _ Cash Payment E 10143100 -226 Sign Repair Materials MAGNET, BLANK SHEETS $144.97 Invoice TI- 0185175 11/27/2007 Transaction Date 11/19/2007 Wells Fargo 10100 Total $144.97 Refer 112707 OFFICE DEPOT _ Cash Payment E 101- 43100 -200 Office Supplies CALENDAR REFILL $14.04 Invoice 407363511 -001 11/27/2007 PO 20384 Cash Payment E 601 -49400 -200 Office Supplies CALENDAR REFILL $3.52 Invoice 407363511 -001 11/27/2007 PO 20384 Cash Payment E 60249450 -200 Office Supplies CALENDAR REFILL $3.52 Invoice 407363511 -001 11/27/2007 PO 20384 Cash Payment E 10142400 -200 Office Supplies BOOK CALENDAR $19.16 Invoice 407363511 -001 11/27/2007 PO 20384 Cash Payment E 601 -49400 -200 Office Supplies APPOINTMENT CALENDAR $3.68 Invoice 407363511 -001 11/27/2007 PO 20384 Cash Payment E 60249450 -200 Office Supplies APPOINTMENT CALENDAR $3.68 nvoice 407363511 -001 11127/2007 PO 20384 ash Payment E 281 -45210 -200 Office Supplies APPOINTMENT CALENDAR $1.83 Invoice 407363511 -001 11/27/2007 PO 20384 -5742- Invoice 00170617 11/27/2007 PO 20441 -5743- City Of Mount) 11/20/07 4:54 PM Page 14 Payments • CITY OF MOUND Current Period: November 2007 Cash Payment E 101 - 43100 -200 Office Supplies CALENDAR REFILL $9.58 Invoice 407363511 -001 11/27/2007 PO 20384 Cash Payment E 601 -49400 -200 Office Supplies CALENDAR REFILL $9,58 Invoice 407363511 -001 11/27/2007 PO 20384 Cash Payment E 602 - 49450 -200 Office Supplies CALENDAR REFILL $9.58 Invoice 407363511 -001 11/27/2007 PO 20384 Cash Payment E 101 - 41310 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $31.48 Invoice 407426587 -001 11/27/2007 PO 20265 Cash Payment E 101 - 41500 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $31.48 Invoice 407426587 -001 11/27/2007 PO 20265 Cash Payment E 101 -42400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $31.48 Invoice 407426587 -001 11127/2007 PO 20265 Cash Payment E 101 -45200 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $31.48 Invoice 407426587 -001 11127/2007 PO 20265 Cash Payment E 101 - 43100 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $31.48 Invoice 407426587 -001 11/27/2007 PO 20265 Cash Payment E 609 -49750 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $10.51 Invoice 407426587 -001 11/27/2007 PO 20265 Cash Payment E 601 -49400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $20.99 Invoice 407426587 -001 11/27/2007 PO 20265 Cash Payment E 602 -49450 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $20.99 Invoice 40726587 -001 11/27/2007 PO 20265 • Cash Payment E 101 - 43100 -200 Office Supplies FLASHDRIVE $12,78 Invoice 407363336 -001 11/27/2007 PO 20265 Cash Payment E 601 - 49400 -200 Office Supplies FLASHDRIVE $12.78 Invoice 407363336 -001 11/27/2007 PO 20265 Cash Payment E 602 -49450 -200 Office Supplies FLASHDRIVE $12,78 Invoice 407363336 -001 11/27/2007 PO 20265 Cash Payment E 101 - 42400 -200 Office Supplies FLASHDRIVE $9.58 Invoice 407363336 -001 11/27/2007 PO 20265 Cash Payment E 101 -43100 -200 Office Supplies FLASHDRIVE $9.58 Invoice 407363336 -001 11/27/2007 PO 20265 Cash Payment E 60149400 -200 Office Supplies FLASHDRIVE $9.58 Invoice 407363336 -001 11/27/2007 PO 20265 Cash Payment E 60249450 -200 Office Supplies FLASHDRIVE $9.58 Invoice 407363336 -001 11/27/2007 PO 20265 Cash Payment E 601- 49400 -200 Office Supplies FLASHDRIVES $76.66 Invoice 407363336-001 11/27/2007 PO 20265 Cash Payment E 60249450 -200 Office Supplies FLASHDRIVES $76.66 Invoice 407363336 -001 11/27/2007 PO 20265 Cash Payment E 101 -41500 -200 Office Supplies PAPER FASTENERS $5.35 Invoice 408505292 -001 11/27/2007 PO 20131 Cash Payment E 222 - 42260 -200 Office Supplies POCKET FOLDERS, ETC $36.00 Invoice 406748689 -001 11/27/2007 PO 20435 Cash Payment E 101-42110-200 Office Supplies INKJET CARTRIDGE, BATTERIES, ETC $147.24 Invoice 408558366 -001 11/27/2007 PO 20298 Transaction Date 11/15/2007 Wells Fargo 10100 Total $706.63 • Refer 112707 OHLIN SALES, INCORPORATED _ Cash Payment E 222 -42260 -210 Operating Supplies BATTERIES $138.41 Invoice 00170617 11/27/2007 PO 20441 -5743- City of Mound 11/20/07 4:54 PM I, Page 15 • Payments CITY OF MOUND Current Period: November 2007 E 609 -49750 -251 Liquor For Resale Invoice 2533861 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 2533862 11/27/2007 Cash Payment Transaction Date 11/20/2007 Wells Fargo 10100 Total $138.41 Refer 112707 ONE CALL CONCEPTS, INCORPO _ 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 2536875 Cash Payment E 601 -49400 -395 Gopher One -Call 10 -07 LOCATES 11/9/2007 Refer 112707 .POWERHOUSE SYSTEMS, LLC $104.40 Invoice 7100686 -A 11/27/2007 WINE $220.16 voice 932441 -00 11/27/2007 voice Cash Payment E 602 -49450 -395 Gopher One -Call 10 -07 LOCATES WINE $520.00 $104.40 Invoice 7100686 -B 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $208.80 Refer 5112707 PAUSTIS AND SONS WINE COMP _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,201.46 Invoice 8164970 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $138.50 Invoice 8164986 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $209.50 Invoice 8165380 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,164.01 Invoice 8164059 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $3,713.47 Refer 112707 PEDERSON, GREG _ Cash Payment E 222 -42260 -210 Operating Supplies REIMBURSE PHOTOS $51.24 voice 112707 11/27/2007 nsaction Date 11/20/2007 Wells Fargo 10100 Total $51.24 Refer 112707 PHILLIPS WINE AND SPIRITS, INC _ Cash Payment E 609 -49750 -251 Liquor For Resale Invoice 2533861 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 2533862 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 3372083 11/27/2007 Cash Payment E 609 -49750 -251 Liquor For Resale Invoice 2536874 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 2536875 11/27/2007 Transaction Date 11/9/2007 Refer 112707 .POWERHOUSE SYSTEMS, LLC LIQUOR $3,900.80 WINE $135.85 CREDIT —WINE - $64.00 LIQUOR $218.20 WINE $2,614.20 Wells Fargo 10100 Total $6,805.05 Cash Payment G 601 -16300 Improvements Other Than BI EXHAUST SCRAPPER FOR GENERATOR $3,716.75 Invoice JR1883A 11/27/2007 Project PW0505 Transaction Date 11/19/2007 Wells Fargo 10100 Total $3,716.75 Refer 112707 QUALITY WINE AND SPIRITS _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $455.12 Invoice 931736 -00 11/2712007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $88.00 Invoice 931891 -00 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $220.16 voice 932441 -00 11/27/2007 voice Payment E 609 -49750 -253 Wine For Resale WINE $520.00 Invoice 934763 -00 11/27/2007 -5744- City of Mound 11/20/07 4:54 PM Wells Fargo 10100 Total Page 16 Payments REYNOLDS WELDING SUPPLY CO CITY OF MOUND Current Period: November 2007 E 222 - 42260 -418 Other Rentals Cash Payment. E 609 -49750 -251 Liquor For Resale LIQUOR $1,522.78 Invoice 934638 -00 11/27/2007 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $515.20 Invoice 934879 -00 11/27/2007 E 222 - 42260 -418 Other Rentals Transaction Date 11/9/2007 Wells Fargo 10100 Total $3,321.26 Refer 112707 R S COLLISION SERVICES, INC _ 11/27/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #844 REPAIRS $1,580.81 Invoice 9411 11/27/2007 PO 20294 11/20/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $1,580.81 Refer 112707 RESOURCE RECOVERY TECHNOL RIDGEVIEW BUSINESS HEALTH _ Cash Payment E 101 - 43100 -440 Other Contractual Servic BLACK DIRT $41.59 Invoice 8049993 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $41.59 Refer 112707 REYNOLDS WELDING SUPPLY CO _ Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN $30.37 Invoice 863946 11/27/2007 Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN $30.37 Invoice 812840 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $60.74 Refer 112707 RIDGEVIEW BUSINESS HEALTH _ Cash Payment E 222 -42260 -305 Medical Services HEALTH ASSESSMSENT, SVIHEL $2,859.00 Invoice 112707 11/27/2007 Transaction Date ,.,, ,.,,.., ... a , 11/20/2007 ...._ ,..:,�....,..r ... ...........�. Wells Fargo 10100 Total ,...: ,,..,. .- _. __. $2,859.00 Refer 112707 RMH SERVICES, INCORPORATED .P. Cash Payment _ E 101 - 49999 -430 Miscellaneous 11 -13 -07 2024 SYCAMORE LANE WASTE $122.48 DISPOSAL Invoice 2309 11/27/2007 Transaction Date 11/15/2007 Wells Fargo 10100 Total $122.48 Refer 112707 SCHINDLER ELEVATOR CORPOR _ Cash Payment E 222 - 42260 -401 Building Repairs 11 -07 -07 DOORS NOT CLOSING $244.66 Invoice 7150955301 11/27/2007 Cash Payment E 101 - 42110 -402 Building Maintenance 11 -07 -07 DOORS NOT CLOSING $244.66 Invoice 7150955301 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $489.32 Refer 112707 SCHOENHERR, BRADLEY T. _ Cash Payment E 101 -42110 -218 Clothing and Uniforms 2007 FITNESS SHOES $74.98 Invoice 112707 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $74.98 Refer 112707 SENTRY SYSTEMS, INCORPORAT _ Cash Payment E 609 - 49750 -440 Other Contractual Servic 10 -11 -07 SERVICE CALL, TAMPER SWITCH $284.25 Invoice 553452 11/27/2007 PO 20553 Transaction Date 11/16/2007 Wells Fargo 10100 Total $284.25 Refer 11 2707 SHANKEN COMMUNICATIONS, IN _ Cash Payment E 60949750 -255 Misc Merchandise For R 10 -31 -07 PUBLICATION $12.50 Invoice 634560 11/27/2007 -5745- is • I* CITY OF MOUND City of Mound Payments Current Period: November 2007 11/20/07 4:54 PM Page 17 Transaction Date 11/16/2007 Wells Fargo 10100 Total $12.50 Refer 112707 SMALL ENGINE REPAIR (SES) _ Cash Payment E 101 -43100 -221 Equipment Parts SAWZALL WITH BLADES $90.30 Invoice 112707 -A 11/27/2007 Cash Payment E 601 -49400 -221 Equipment Parts SAWZALL WITH BLADES $90.30 Invoice 112707 -B 11/27/2007 Cash Payment E 602 -49450 -221 Equipment Parts SAWZALL WITH BLADES $90.30 Invoice 112707 -C 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $270.90 Refer 112707 SPENCER, RYAN _ Cash Payment E 101 -42110 -218 Clothing and Uniforms 2007 FITNESS SHOES $100.00 Invoice 112707 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $100.00 Refer 112707 SPRINT WIRELESS _ Cash Payment E 101 -42110 -321 Telephone & Cells 10 -15-07 THRU 11 -14-07 CELL PHONE $42.29 Invoice 112707 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $42.29 Refer 112707 ST. CLOUD REFRIGERATION, INC _ Cash Payment E609-49750-400 Repairs & Maintenance REPLACE FAN BLADE $323.36 voice 178142 11/27/2007 PO 20556 Transaction Date 11/19/2007 Wells Fargo 10100 Total $323.36 � Refer 112707 ST. JOSEPH EQUIPMENT, lNCORP _ Cash Payment E 101 -43100 -221 Equipment Parts COUPLER SET $139.83 Invoice S160085 11/27/2007 Transaction Date 11/19/2007 Wells Fargo 10100 Total $139.83 Refer 112707 STANLEY ACCESS TECH LLC�� Cash Payment E 609 - 49750 -440 Other Contractual Servic REPLACED MOTION DETECTOR $493.35 Invoice 98499002 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $493.35 Refer 112707 STERNE ELECTRIC COMPANY _ Cash Payment E 101 -43100 -381 Electric Utilities REPAIR STREET LIGHTS NEW RAMP #1 $380.00 Invoice 9351 11/27/2007 Cash Payment E 101 -43100 -381 Electric Utilities REPAIR WIRES NEAR GLASS PLUS $95.00 Invoice 9356 11/27/2007 Transaction Date 11/19/2007 Wells Fargo 10100 Total $475.00 Refer 112707 STREICHER'S Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #844 PUSH BUMPER $228.95 Invoice 1470093 11127/2007 PO 20196 Transaction Date 11/16/2007 Wells Fargo 10100 Total $228.95 Refer 112707 SWANSON, AMY _ Cash Payment E 10142110 -434 Conference & Training REIMBURSE EMT REFRESHER COURSE $49.83 Invoice 112707 11/27/2007 ransaction Date 11/19/2007 Wells Fargo 10100 Total $49.83 Refer 112707 TAYLOR, J.J. DISTRIBUTING MINN _ -5746- City of Mound 11/20/07 4:54 PM Page 18 jiLl Payments CITY OF MOUND Current Period: November 2007 Arss , Cash Payment E 609 - 49750 -252 Beer For Resale BEER $2,521.24 Invoice 1120526 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $138.70 Invoice 1120527 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale CREDIT -BEER -$188 Invoice 1120528 11127/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,493.05 Invoice 1120480 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $5,823.95 Invoice 1120576 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $114.35 Invoice 1120577 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $12,087.41 Refer 112707 THORPE DISTRIBUTING COMPAN _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,644.10 Invoice 468379 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $254.00 Invoice 469215 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER - $6,155.05 Invoice 469218 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $210.00 Invoice 56986 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $476.00 Invoice 57068 11/27/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $47.35 Invoice 468378 11127/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,584.10 Invoice 468379 11/27/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $14,370.60 Refer 112707 TOTAL REGISTER SYSTEMS, INC. - Cash Payment E 609 -49750 -210 Operating Supplies PRINTER RIBBONS FOR REGISTER $132.91 Invoice 21978 11/27/2007 PO 20511 Transaction Date 11/9/2007 Wells Fargo 10100 Total $132.91 Refer 112707 TRAUT WELLS Cash Payment G 601 -16300 improvements Other Than BI PUMP AND /OR TANK INSTALL $753.00 Invoice 200869 11/27/2007 Project PW0608 Transaction Date 11/16/2007 ..,. _ ,. _ -> __ - -.z- ., -- ..... Wells Fargo 10100 Total $753.00 .: .,.. '- Refer 112707 TRI COUNTY BEVERAGE AND SUP ...... .......1, , _ m.. _. I _ ..N. -, Cash Payment E 609 -49750 -252 Beer For Resale BEER $405.46 Invoice 199220 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $405.46 Refer 112707 TRI -TECH, INCORPORATED _ Cash Payment E 101- 42110 -210 Operating Supplies EVIDENCE BAGS $295.89 Invoice 41789 11/27/2007 PO 20293 Transaction Date 11/19/2007 Wells Fargo 10100 Total $295.89 Refer 112707 UNITED COMMUNICATIONS CORP -5747- is � *I • City of Mound Payments CITY OF MOUND 11/20/07 4:54 PM Page 19 ash Payment E 609 -49750 -253 Wine For Resale WINE $702.90 voice 179788 -00 11127/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $96.00 Invoice 180232 -00 11/27/2007 -5748- Current. Period: November 2007 Cash Payment ,�1 ,,.. E 222 -42260 -325 Pagers -Fire Dept. PAGER CASES $272.96 Invoice 741849 11/27/2007 Transaction Date 11/20/2007 Wells Fargo 10100 Total $272.96 Refer 112707 VERIZON WIRELESS (P/W) _ Cash Payment E 101 -45200 -321 Telephone & Cells 10 -15-07 THRU 11 -15-07 CELL PHONES $223.52 Invoice 1779863087 11/27/2007 Cash Payment G 101 -22816 Personal Cell Phone 10 -15-07 THRU 11 -15 -07 CELL PHONES, $6.41 ERVIN Invoice 1779863087 11/27/2007 Cash Payment G 101 -22816 Personal Cell Phone 10 -15-07 THRU 11 -15-07 CELL PHONES, $77.00 SWARTZER Invoice 1779863087 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $306.93 Refer 112707 WACONIA FORD MERCURY Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #404 TRUCK REPAIRS $100.00 Invoice FOCS21695 11/27/2007 Transaction Date 11/16/2007 Wells Fargo 10100 Total $100.00 Refer 112707 WESTONKA MECHANICAL n , Cash Payment E 601 - 49400 -440 Other Contractual Servic 2032 ARBOR LANE REPLACED METER $87.95 Invoice 32229 11/27/2007 Wnsaction Date 11/19/2007 Wells Fargo 10100 Total $87.95 Refer 112707 WESTSIDE WHOLESALE TIRE AN - Cash Payment E 601- 49400 -404 Machinery/Equip Repairs #302, #402 TIRES $877.16 Invoice 593315 11/27/2007 PO 20387 Transaction Date 11/16/2007 Wells Fargo 10100 Total $877.16 Refer 112707 WIDMER CONSTRUCTION, LLC _ Cash Payment E 401 -43107 -500 Capital Outlay FA 10 -17 -07 CURBSTOP NOT MARKED $540.00 Invoice 2029 11/27/2007 Project PW0701 Transaction Date 11/19/2007 Wells Fargo 10100 Total $540.00 Refer 112707 WILLIAMS TOWING Cash Payment G 101 -22805 Police Forfeiture Program 08 -07 -07 #07 -2070 1991 SUBARA LEGACY $147.18 Invoice 97194 11/27/2007 PO 20297 Cash Payment G 101 -22805 Police Forfeiture Program 10 -02 -07 #07 -2687 2006 IMPALA $147.18 Invoice 100545 11/27/2007 PO 20297 Cash Payment G 101 -22805 Police Forfeiture Program 10 -23 -07 #07 -2986 1995 CADILLAC DEVILLE $147.18 BASE Invoice 97713 11/27/2007 PO 20297 Transaction Date 11/19/2007 Wells Fargo 10100 Total $441.54 Refer 112707 WINE COMPANY _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $88.00 Invoice 179243 -00 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,052.65 Invoice 179242 -00 11/27/2007 ash Payment E 609 -49750 -253 Wine For Resale WINE $702.90 voice 179788 -00 11127/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $96.00 Invoice 180232 -00 11/27/2007 -5748- Transaction Date 11/9/2007 Wells Fargo 10100 Total $1,939.55 Refer 112707 WINE MERCHANTS _ CLEANING SUPPLIES Invoice 57276198 -B 11/27/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 57276198 -C 11127/2007 $1,440.00 Invoice 210430 11/27/2007 Wells Fargo 10100 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,627.00 Invoice 211349 11/27/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $3,067.00 Refer 112707 WORLD CLASS WINES, INCORPO _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $240.00 Invoice B 11/27/2007 Transaction Date 11/9/2007 Wells Fargo 10100 Total $240.00 Refer 112707 XCEL ENERGY _ Cash Payment E 101 -43100 -381 Electric Utilities 10 -07 #51- 4802601 -1 $5,848.00 Invoice 197616138 11/27/2007 Transaction Date 11/13/2007 Wells Fargo 10100 Total $5,848.00 Refer 112707 ZEE MEDICAL SERVICE _ Cash Payment E 101 -45200 -210 Operating Supplies ANTIBACTERIAL WIPES, F`C _ $36.21 Invoice 54081034 11/27/2007 Transaction Date 11/15/2007 Wells Fargo Refer 112707 ZEP MANUFACTURING COMPANY _ 10100 Total $36.21 Cash Payment E 101 -43100 -230 Shop Materials CLEANING SUPPLIES Invoice 57276198 -A 11/27/2007 Cash Payment E 601 -49400 -230 Shop Materials CLEANING SUPPLIES Invoice 57276198 -B 11/27/2007 Cash Payment E 602 -49450 -230 Shop Materials CLEANING SUPPLIES Invoice 57276198 -C 11127/2007 Transaction Date 11/16/2007 Wells Fargo 10100 -5749- $118.04 $118.04 $118.03 Total $354.11 • • CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 427 SEAL COAT FUND 450 Parking Deck 1 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 675 STORM WATER UTILITY FUND 895 FIRE RELIEF FUND City of Mound Payments Current Period: November 2007 10100 Wells Fargo $39,613.21 $8,006.80 $28.80 $84,809.97 $19,078.45 $157.00 $15,888.82 $10,687.32 $102,469.54 $7,136.37 $125,830.00 $413,706.28 Pre - Written Check $0.00 Checks to be Generated by the Compute $413,706.28 . Total $413,706.28 • • -5750- 11/20/07 4:54 PM Page 21 _ 4SWALKER PARKING CONSULTANTS November 8, 2007 Mr. Carlton Moore City of Mound 5341 Maywood Road Mound, MN 55364 Re: Mound Transit Center Parking Facility Payment Application No. 8 City of Mound Contract No. PW -0605 Walker Commission No. 21- 3338.00/360 Dear Mr. Moore: Walker Parking Consultants 1660 S. Highway 100, Suite 350 Minneapolis, MN 55416 Voice: 952.595.9116 Fax: 952.595.9518 www.walkerporking.com We have reviewed the Pay Application and Certificate for Payment No. 8 for th $471,858.26. It appears the contractor has completed the work�entified and we payment as requested by the Contractor. Three signed copies of the original pay enclosed herein. Please let me know if you have any questions or need additional information. Sincerely, WALKER PARKING CONSULTANTS CDarwin L. Muzzy, P.E. 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W CrNi U m ) O W n y C LL O o C c W Q (d o (D y o 'S M, o -i a o W � Y (D G V C U N C y O O I°- a I° Q C« z O O h U i0 @ E Cc o t. 7 = " r Q C a7 = U Q Q a> co aMD N N 00 rn n � co d C, rn 04 cli M pD Q 64 W O Z °= LL a a O O 2 Q U � a m = cc cc O o x o V Z z to g Z co = O = Q c LU a w W H W W t- W W CrNi U c 0) U o n Q c W Q 2 U -i a U m t-: ao of o' a; 0 O U � N O O U v m T a O p a> s (TO � CL N c 0 E W j, LL a O U LU U = b Z U D 4) m y c Q •° m _ m c i- c :3 a> E 46M U ` O Co BYO a � (D c U O 7 0 _ N N a% c •N N w a> w N O I V N U) (D s C •C H Z O V W O rn z O H pD Q = J N (D . O O 2 O a m = cc cc O 2 U W 0) a •o rn r� An N LU W 0 Z c 0) U o n Q 2 U I°- a I° Z N W N N MEMORANDUM To: City Manager Kandis Hanson From: Police Chief Jim Kurtz Date: November 8, 2007 Subject: Request for council action "No parking" zone Cyprus Lane .......................................... ............................... During the past few months we have become aware of a parking problem on Cyprus Lane, which has resulted in several personal injury and property damage accidents. Vehicles have been parking on Cyprus Lane at Shoreline Drive, which obstructs the view of people attempting to turn South onto Cyprus Lane. This problem has been compounded by the increase traffic congestion from Super America. I recently posted the area with temporary "No Parking" signs to prevent further accidents. I am requesting the council adopt a resolution amending the city's parking map to include: 1. No parking on both sides of Cyprus Lane approximately 30 feet from Shoreline Drive. Thank you -5753- x .40 *I 61 • Public Employees Retirement Association Sample Resolution — Police Officer Declaration WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below. BE IT RESOLVED that the (name of governing body) of ( name of governmental subdivision). hereby declares that the position titled (Job title) , currently held by _(name of emp►ovee) meets all of the following Police and Fire membership requirements: 1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed; 2. Said position's primary (over 50 %) duty is to enforce the general criminal laws of the state: • 3. Said position charges this employee with the prevention and detection of crime; 4. Said position gives this employee the full power of arrest, and 5. Said position is assigned to a designated police or sheriffs department. BE IT FURTHER RESOLVED that this governing body hereby requests that the above -named of this employee's initial Police and Fire salary deduction by the governmental subdivision. STATE OF MINNESOTA COUNTY OF I, (name of clerk) , clerk of (name of governmental subdivision , do hereby certify that this is a true and correct transcript of the resolution that was adopted at a meeting held on the - day of 20_; the original of which is on file in this office. I further certify that _ members voted in favor of this resolution and that _ members were present and voting.. Signed: �J -5754- Date: PERA ID No.: 6430 -00 November 16, 2007 COLLETT ROBERTS PAYROLL /ACCOUNTING CITY OF MOUND 5341 MAYWOOD RD MOUND MN 55364 -1627 Dear Collett Roberts: Our records indicate that we do not have the position information or certification form needed to finalize the plan coverage that has been given to certain employees who recently became PERA members. Minnesota law requires employers to certify the eligibility of all employees who contribute to PERA's Correctional Plan or the Defined Contribution Plan for Physicians, as well as Police and Fire Plan members who are not employed full -time as police officers or fire fighters. The law sets a filing deadline for physicians of 90 days of their first DCP contribution and for the Correctional and Police and Fire plans the filing deadline is six months from the date of PERA's request for the form. This reporting requirement applies regardless of whether or not the individual still holds the position that provided this pension plan coverage. Our computer records indicate that the following current or former employee(s) had retirement deductions for • a plan that requires written certification of eligibility. If we do not receive the necessary certification, we must deem the contributions received to be invalid and transfer the pension coverage to the Coordinated Plan. Employee Name SSN PERA Plan Position Title Position Require - Recorded at PERM Class' mene For each current or former member listed above we ask that you take the following steps: 1. Verify that the position title shown above (police officer, correctional officer, etc.) is accurate. If we are missing the title or if our information is incorrect, please provide the correct data to us. 2. Verify that the position class listed (full -time, part-time, etc.) is accurate. If the classification is missing or if what is printed is incorrect, please contact our office so we can update our records. NOTE: Please advise us if any listed employee is employed full -time as either a police officer or firefighter. In these instances, no additional certification materials will be required. 3. If this is a position that requires a certification document, use the alphabet letter (a, b, c) in the last column above and the enclosed instructions to determine the step you need to take to finalize this enrollment.. Please give this matter your immediate attention to continue the PERA plan membership of the above -named member(s). To discuss the membership requirements of any of the above -named members, please call our Employer Response Line and press 3. Or, if you have already provided the certification form or resolution, we apologize for this request and ask that you inform us by calling 651- 296 -3636 or 1- 888 - 892 -7372 (press 6). Cami Correspondence PUBLIC EMPLOYEES RETIREMENT ASSOCIATION • I If we are missing both a person's position title and class, please check to see that you sent a completed enrollment form to us when employment began. Please provide an enrollment form now if appropriate. z Refer to the enclosed Plan Certification Requirements document for further information and instructions. REB00101003092.Doc Equal mployer 5755- Plan Certification Requirements For Correctional Plan Members, Physicians in the DCP, and Certain Police and Fire Members • Public Employees Retirement Association, 60 Empire Drive, Suite 200, St. Paul, MN 55103 -2088 PERA Employer Fax: 651 296 -2493; Employer Phone Lines: 651 296 -3636 or 1- 888 - 892 -PERA (option 3) To the Employer: You are required under Minnesota Statutes to provide written certification of the eligibility for retirement plan membership of certain positions as follows: a) The eligibility of employees who contribute to the Police and Fire Plan but are not employed as full - time police officers or firefighters must be declared in writing to PERA through a resolution. The Police and Fire Plan provides special consideration for employees who regularly protect the property and safety of others. Membership in this plan is to be restricted to persons who hold positions in which the duties require a high degree or physical conditioning and frequent exposure to a high degree of danger or peril. Under MS 353.64, subdivision 4 the resolution must be submitted to PERA within 6 months of the date such document is requested or the member and employer contributions made to the police and fire fund for the applicable employment are deemed to be deductions in error. An' °agency's governing body (normally the city council or county commissioners) must adopt and , promptly submit to PERA a resolution certifying the eligibility of any of these positions: • employees who hold positions of police officers that are classified part-time, who are required to hold POST Board licenses, and hold positions that have as their primary duty (meaning over 50 %) active enforcement of the criminal laws of the state. •. employees who hold positions of part-time firefighters that require, them to regularly perform fire fighting duties. • • persons who are employed by a police department and hold positions that are not titled "police officer but have as their primary duty (meaning over 50 %) active enforcement of the criminal laws of the state.. Examples may include a special deputy, jailer /deputy, etc. In certain instances, you may also be required to provide a copy of a position description or other document that details the position's purpose, its primary and secondary law enforcement duties, and training requirements. • persons who are employed by a fire department and hold positions that are not titled "firefighter," such as fire paramedic, fire marshal, fire inspector, etc., but have the principle duty of fire suppression, which regularly exposes them to hazardous situations. In certain instances, we may also require a copy of a position description or other documents that detail the position's purpose, fire fighting duties and training requirements. • members of the Police and Fire Plan who are transferred to a different position with associated police or fire department functions in the same department or a related department within the employing agency. b) The eligibility of employees that contribute to the Correctional Plan must be certified in writing to PERA. In this situation, an authorized agent of the employer must complete and sign the Correctional Officer Certification signifying that the employee meets the conditions set by law. c) . The enrollment of physicians into the Defined Contribution Plan must include the submission of a signed Retirement Plan Election by Governmental Physician form. This form must be completed by the employer and the employee and filed with PERA within 60 days of employment commencing. Employers may obtain samples of the Police and Fire resolutions or copies of the Correctional Officer Certification and Retirement Plan Election by Governmental Physician from the Forms Section of PERA's • Employer Manual, by going to our web site (www.mnpera.org/Employer/ EmployerManualForms) or by calling the PERA office. AIM /Forms /Plan Certification Requirements.doc -5756- 5341 Maywood Road City of Mound Mound, MN 55364 (952) 472 -3190 Planning and Building Department Memorandum To: Honorable Mayor and City Council From: Sarah Smith, Comm. Dev. Director Date: November 19, 2007 Re: Proposed Amendment to Sign Ordinance (City Code Chapter 365) Summary. At its October 23, 2007 meeting, the City Council reviewed a proposed amendment to the sign regulations to allow for administrative approval of portable /temporary signs for public and /or quasi - public activities /events if placed on premise. The Council tabled action on the ordinance and requested that additional conditions be included with regard to administrative approval of portable signs. A draft copy of the amendment, as revised, has been attached. Recommendation. Approval. -5757- *I 01 • CITY OF MOUND ORDINANCE NO. _- 2007 AN ORDINANCE AMENDING SUBSECTION 365 OF THE CITY CODE AS IT RELATES TO SIGNS The City of Mound does ordain: Subsection 365.10 is hereby amended to add a new subsection (ee) and is and renumbered:as follows: Subd. 10. Except as may be specifically authorized by this Subd. 10 and Subd. 9 (f) of this Subsection 365.15, portable signs are prohibited. A portable sign used for the purpose of directing the public may be permitted under the following conditions: (a) Said sign is coincidental to, or used in conjunction with, a governmental unit or quasi - public function; and (b) The period of use of said sign shall not exceed ten (10) consecutive days; and • (c) Signs shall not be used more than four (4) times during a calendar year; and (de) Signs shall be placed on the premises of the advertised event; and /or on such other premises following approval of approval of a temporary sign permit by the City of Mound AdM"Ah "IW" �i ue a�apr # of a 3 bl ol�ovl+ri�.t%rc�t�tsa y:.irbdl~ _ 1 The sign is not being placed on public property _ 2 Written permission from the property owner of record is provided if being _ located off-premise. -5758- 3. ..The criteria referenced in subsections (a), (b), and (c) above are met. • 4. The proposed location of the sign is reviewed and deemed- acceptable -by Mound Staff. wow �a��rnval when -gn� 7795) (ff) Such signs shall require the issuance of a permit but will be exempt from all fees; and fig) In the instance of a multi -use facility, only one seasonal sign may be placed on the premises at any one time. Passed by the City Council this day of , 2007. • Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk Published in The Laker the day of , 2007 Effective the day of , 2007 • -5759- U • EXCERPTS MOUND ADV S'ORY PLANNING COMMISSIONV����` OCTOBER 8. 2007 Review of proposed amendments to City Sign Code (portable signs) This proposed amendment to the sign regulations allows for administrative approval of portable / temporary signs for public and /or quasi - public events if placed on premise. Off - premise placement of portable signs would require written approval from the property owners. Placement on public property would require Council approval similar to the current regulations. MOTION by Stevens, seconded by Ebert, to recommend Council approve the change as proposed by Staff. MOTION carried unanimously. -5760- To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: November 21, 2007 Re: Amendment — Resolution No. 04 -16 (2 -lot subdivision at 4852 Lanark Road) Summary. The City Council adopted Resolution No. 04 -16 which approved a 2 -lot minor subdivision application from Tom Nadeau which contemplated and referenced the removal of all existing structures, to accommodate the construction of 2 new single - family homes at 4852 Lanark Road. Due to unexpected changes in the economy and a slowed housing market, the new owner of the property, Rudolph Peterson, has submitted an alternate proposal to renovate and combine the existing principal structure and guest cottage into one dwelling for single - family use which are located on Parcel B and also would like to keep the existing garage on Parcel A. As the adopted resolution includes language regarding the demolition of all structures, • the City Attorney has advised that the resolution be amended to address these issues. Background. Details regarding the request are contained in the Planning Commission Project Briefing dated November 16, 2007 and has been included as an attachment. Recommendation. The Planning Commission reviewed and discussed the proposal at its November 19, 2007 meeting and unanimously voted to recommend that the City Council amend Resolution No. 04 -16 to allow the existing structures on the property located at 4852 Lanark Road / 3140 Argyle Road to remain subject to conditions. In general, the Planning Commission was favorable to the request on the basis that the proposed remodel project on Parcel B meets all requirements of the R -1 District and the status of the encroaching /nonconforming garage on Parcel A is resolved by the boundary adjustment process as allowed by the code. Additionally, the Planning Commission included a recommendation that a garage removal agreement be prepared and executed by the owners which would allow it to remain until a new principal structure is constructed for up to a 2 -year period after which time it would need to be removed. Council members are advised that a copy of the minute excerpts from the November 19, 2007 meeting and a draft resolution based upon the Planning Commission's review have been included. • -5761- CITY OF MOUND RESOLUTION # 07- A RESOLUTION AMENDING RESOLUTION # 04 -16 APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4852 LANARK ROAD P & Z CASE # 03-49 PID # 24- 117 -24-44 -0246 / 24- 117 -24-44 -0247 WHEREAS, on January 13, 2004, the Mound City Council adopted • Resolution No. 04 -16 which approved a minor subdivision application from Tom Nadeau to combine and subdivide the property located at 4852 Lanark Road which referenced the removal of all existing structures to accommodate the construction of 2 new single - family homes on the "new" west lot (Parcel A) and "east" lot (Parcel B); and WHEREAS, the subdivision was recorded at Hennepin County on June 1, 2004 and the lots created as a result of the minor subdivision are Parcel A (west lot) which is located at 3140 Argyle Lane and Parcel B (east lot) is which is located at 4852 Lanark Road; and WHEREAS, due to unexpected changes in the economy and a slowed new housing market, the current owners of the property, Rudolph Pederson and Tuffington Properties, LLC, have submitted an alternate proposal to renovate and combine the existing principal structure and guest cottage located on Parcel B into one dwelling for single - family use and plan to keep the existing detached garage on Parcel A to serve as an accessory structure for a new single - family dwelling to be constructed in the future; and WHEREAS, Resolution No. 04 -16 included language which indicated that all existing structures would be demolished to accommodate the construction of 2 new single - family homes on the Parcel A and Parcel B, as requested, and • therefore needs to be amended if the current proposal is to be approved; and -5762- WHEREAS, the Planning Commission reviewed the current proposal at its • November 19, 2007 meeting and unanimously voted to recommend that the City Council amend Resolution No. 04 -16 approving the minor subdivision to allow - the house and - cottage on Parcel B -to be combined and remodeled as -a- single- family dwelling and to allow the existing garage to remain on Parcel A subject to conditions. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City Council does hereby amend Resolution No. 04 -16 to allow the cottage /house on Parcel B to be combined and remodeled as a single - family dwelling and to allow the existing detached garage to remain on Parcel A subject to the preparation /approval of a boundary adjustment to put the structure in a conforming location subject to the following conditions: A. Preparation and execution of a garage agreement to be signed by the owner(s) to include a provision that the garage be removed /relocated if a new principal structure is constructed. B. All conditions recommended by Staff in the memorandum dated November 16, 2007 as follows: is - The proposed remodel project on Parcel B must conform to the R -1 regulations in all regards and requires the issuance of any required permits including but not limited to a building permit. - New / future construction on Parcel A must conform to the R -1 regulations in all regards. - Any issues associated with appurtances located on or around the shared interior lot line between Parcel A and Parcel B for conformity with the code are satisfactorily addressed. - No certificate of occupancy for Parcel B shall be issued until the boundary adjustment has been approved and a copy of the recorded document(s) is provided to the City of Mound. - Any recommended conditions from Mound Staff, the Planning Commission or City Council. C. Payment of any and /or all fees associated with the City's review • of the request. -5763- I* I• 2. This Resolution is approved for the following legally described property as stated in the Hennepin County Property Information System: Refer to Exhibit A 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 November 27, 2007 Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor -5764- MINUTE EXCERPTS NOVEMBER 19, _2007 CASE # 03 -49 AMENDMENT TO RESOLUTION & A BUILDING PERMIT REQUEST 4852 LANARK ROAD RUDOLPH PETERSON The City Council adopted Resolution No. 04 -16, which approved a 2 lot minor . subdivision application from Tom Nadeau. This resolution contemplated the removal of all existing structures to accommodate the construction of 2 new homes. The new owner of the property has submitted an alternate proposal to renovate and combine the existing principal structure and guest cottage, both located on the east parcel. He would also like to keep the existing garage on the west parcel that encroaches onto the east parcel. Staff recommends approval of the request subject to the wing: 1. The proposed remodel project on the east el mu conform to the R -1 regulations in all regards. 2. Future construction on the west par us nform to the R -1 regulations in a regards. 3. Any issues associated wit en s ted on or around the shared interior lot line between th s II be satisfactorily addressed for conforn with the code. 4. No certificate of o upan f he east parcel shall be issued until the boundar adjustment has be app ved and a copy of the recorded document is provide to the City of Mound. 5. Any recommended conditions from Mound Staff, the Planning Commission or C Council. Dave Clausen (owner's representative): Second floor of garage is for storage only. Garage location on Parcel B has been proposed for the northeast corner of the lot. It will probably be located closer to the west line with a driveway easement along the north line of Parcel A. r� The Commission was concerned with allowing the existence of the garage on,the west parcel without a principal structure. MOTION by Stevens, seconded by Ayaz, to recommend that the requirements of Resolution No. 04 -16 be amended to allow remodel of the existing house and cottage into a principal structure and to allow a boundary adjustment to the east to correct the garage encroachment on the neighboring parcel; demolition of the garage shall be accomplished within 2 years with an agreement signed to that effect; all other R -1 regulations be met in full. MOTION carried unanimously. -5765- 5341 Maywood Road . • Mound, MN 55364 (952) 472 -3190 To: Planning Commission From: Sarah Smith, Community Development Director Date: November 16, 2007 used Nov mber20. 2000 Re: November 19, 2007 Planning Commission Project Briefing (EXCERP7) Resolution Amendment / Building Permit Request — 2 -Lot Minor Subdivision (PC Case No. 03-49) Summary. The City Council adopted Resolution No. 04 -16 which approved a 24ot minor subdivision application from Tom Nadeau for the property at 4852 Lanark Road which contemplated and referenced the removal of all existing structures to accommodate the construction of 2 new single - family homes on the "new" west lot (Parcel A) and "east" lot (Parcel B.) Due to unexpected changes in the economy and a slowed housing market, the new owner of the property, Rudolph Peterson, has submitted an alternate proposal to renovate and combine the existing principal structure and guest cottage located on Parcel B into one dwelling • for single - family use and also would like to keep the existing garage on Parcel A to serve as an accessory structure for a new single- family dwelling to be constructed in the future. As the adopted resolution includes language regarding the demolition of all structures, the City Attorney has advised that the resolution be amended to address these issues. Staff Comments: 1. A building permit application to remodel the house/cottage on Parcel B was submitted on October 25, 2007 but was deemed incomplete due to the need to amend the resolution, if appropriate. A copy of the applicant's permit application, plans and project narrative have been included. 2. The address for Parcel B is 4852 Lanark Road (Tuffington Properties LLC.) The address for Parcel A is 3140 Argyle Lane (Rudolph Peterson.) Staff has requested additional information from the building permit applicant and/or applicant's representative to confirm ownership /interest in the subject lots. 3. The proposal to combine and remodel the house and guest house on Parcel B was reviewed by the Building Official who commented that the improvements can be undertaken upon issuance of a building permit following the submittal of all required information which will include some foundation and/or engineering data. Based on the Building Official's review, the proposed structure is deemed to be a principal dwelling. 4. The "new /combined" structure proposed on Parcel B meet the setbacks for a non -lot of record. -5766- 5. The applicant has supplied a proposed hardcover sheet for Parcel B as part of the current submittal which shows the site is under the 30 percent allowance. The calculation sheet dated 11/16/07 is currently under review to evaluate its accuracy. Minimally, it appears the "breezeway" connection (180 SF + / -) has not been included. Members are reminded that as part of the building permit process regarding the proposal for Parcel B, the applicant will be required to verify that the hardcover, as proposed, is within the 30 percent allowance. Hardcover on Parcel A has not been calculated but is an existing condition. All new construction on Parcel A will be required to conform to current R -1 District regulations in all aspects. 6. The existing garage on Parcel A is not meeting the side setback requirement of 4 feet for detached structures and actually extends on to a portion of Parcel B. Staff believes the "boundary adjustment" process can be used to address this issue. The required setbacks for a detached garage, if located behind a principal structure are four (4) feet on the side and four (4) feet in the rear. Members are advised that boundary adjustments are eligible for administrative review /approval under the current subdivision regulations. 7. Any other appurtances located on or near the common lot line between Parcel A and Parcel B will need to be evaluated for consistency with the code (ie. sidewalks /stairs, etc.) especially if the proposed boundary adjustment process is undertaken. Members are advised that the applicant has not informed Staff whether the existing garage on Parcel A will be used on an interim basis by the owner /occupant of Parcel B until construction of the new home takes place on Parcel A. The need for encroachment removal and/or easement(s) on Parcel AB may also be needed. Staff will further comment on this issue at the meeting. 8. The proposed remodel project on Parcel B and garage encroachment/setback at issue on Parcel A have been discussed with the City Attorney who is in agreement with the resolution amendment and lot line adjustment options. 9. Based on the proposed site plan submitted as part of the 2003 /2004 minor subdivision application, it appears the lot line between Parcel A and B can be shifted to put the garage in a conforming location assuming it would be located behind a future house which still allows for a minimum side setback of (10) feet on the west side for Parcel B. 10. Members are advised that the City has allowed temporary use of structures and required the execution of a removal agreement to allow for its future removal/relocation. This option could be used if the Planning Commission felt it was not appropriate to adjust the lot line between Parcel A and B to put the garage in a conforming location. 11. Recombination of the lots was reviewed as an alternative however the applicant's representative has indicated to Staff that this is not an option. -5767- *I •I � 0 I* I• Recommendation. Staff recommends the Planning Commission recommend that the resolution which approved the 24ot minor subdivision at 4852 Lanark Road be amended to allow the _ remodel of the existing house and cottage on Parcel B into a principal structure and to allow the garage encroachment setback on Parcel A to be addressed using the boundary adjustment process subject to the following conditions: 1. The proposed remodel project on Parcel B must conform to the R -1 regulations in all regards and requires the issuance of any required permits including but not limited to a building permit. 2. New /future construction on Parcel A must conform to the R-1 regulations in all . regards. 3. Any issues associated with appurtances located on or around the shared interior lot line between Parcel A and Parcel B for conformity with the code are satisfactorily addressed. 4. No certificate of occupancy for Parcel B shall be issued until the boundary adjustment has been approved and a copy of the recorded document(s) is provided to the City of Mound. 5. Any recommended conditions from Mound Staff, the Planning Commission or City Council. -5768- Building Permit ;application 5341 Maywood Road, Mound, MN 55364 Phone 952- 472 -0607 FAX 952-472-0679 SITE Property Address 4852 Lanark Road; Mound (f /k/a 4848 Lanark Road) Business Name/Tenant 0 _AAP owner ticant l�__ =- - �Contracto_r n Tenant - — See attached ego LEGAL Lot -T V-8247 DESCRIPTION Subdivision PID OWNER Name Rudolph Peterson Address 7600 Portland Avenue South; Richfield, MN 55423 512 85b 9zz(j 95Z 461 UUbb 961 2541 Phone Fax Cep', CONTRACTOR Company Name License # City /State Zip Contact Person Phone Fax Celt ARCHITECT Name Henry Stenquist 'AND/OR I Phone Fax Cell ENGINEER DESCRIBE WORK: VALUATION OF WORK: $ VALUE APPROVED $ Separate permits are required for electrical, plumbing, heating, ventilating or air conditioning. Permits become null and void If work or construction authorized Is not commenced within 180 days, or if construction or work is suspended or abandoned fora period of 180 days at anytime after work Is commenced T me Limits on Building. Completion. All work to be performed pursuant to a building permit obtained for new construction, repairs, remodeling, and alterations to the exteriors of any building or structure In any zoning district shall be completed within one (1) year from the date of permit issuance. The person obtaining the permit and the owner of the property shall be responsible for completion. A violation of this ordinance is a misdemeanor offense: The City Council may extend the time for completion upon written request of the permittee, establishing to onabie satisfaction of the City Council that circumstances beyond the control of the permittee prevented completion of the work for which the p d was g ted. The extension shall be requested not less than thirty (30) business days prior to the end of the one -year period. ` I hereby certify that 1 have read and examined this application and know me to be hue and co All provisio of laws and ordinances governing this type of work wi!t be complied with whether specified n "rir The granting of a writ does pct ume to give authority to violate or cancel the provisions of any other state or local law regulating cepstructi - or ape rm ce of nstnr re, to payaii plan fees aver d with the work. OCT MOUND PLANNING 0 � 401 •I • Proposal for the Reconditioning of the East Addition At 4852 Lanark Road f /k/a 4848 Lanark Road or guest house The building is a sound structure which has become in serious disrepair, and if not repaired in a timely manner will be destroyed due to weather. Now considered an outbuilding it needs to be made conforming to city zoning requirements. The main house at 4852 has several livability drawbacks which can be enhanced by making the East Building part of the main house. The attached permit application addresses the plan to repair the East Building and enhance the livability of the property. Livability drawbacks with the main house include the following. 1. There are no good bedrooms in the main house, there is a master bedroom which is not only small but you must pass through the only bathroom to enter the bedroom. If somebody is in the bathroom, you cannot exit the master bedroom. 2. A second bedroom is also small and shares a closet with the master bedroom. 3. There is another small room off the living room which may not be large enough to qualify as a bedroom even though it has a closet. 4. The basement although finished, is not suitable for bedrooms because there are no windows which can be opened for egress. 5. A trend in livable houses is having several bedrooms, and easy access to them. 6. Outside of the bedroom problems the house is very livable; a large family room with a fireplace, a nice kitchen with dining area, and nice living room, the basement is suitable for storage, recreation room, or office but not for bedrooms. 7. The plan to connect the East Building to the main house and add three bedrooms, a bathroom and family area will improve the livability of the entire property, and make a great improvement to the appearance of the entire property. The access to the East Building will be through the small room off the living room, through a' breezeway or 3 season porch. We did not direct the architect to include an outside access in the breezeway, however he feels that for safety reasons there should be an exit there. Originally we had proposed a wet bar for the family area in the East Building because it is a long way to the main kitchen. The architect suggested a kitchenette, however we feel that a wet bar is sufficient and propose to put in a wet bar in the family area. We think the addition of a bathroom in the East Building is reasonable since the main house bathroom is of marginal use, as stated above. In addition to the plans drawn up by our Architect Henry Stenquist, we hired Richard Eckroad a structural engineer from Richard E. Eckroad, Inc a Structural Engineering firm to evaluate the • property and the plans, to make sure the structure could support the improvements. He said the building was in good shape and saw no problems. He pointed out some things that we would need to do, which we already knew about and were already in our plans. -5770- Hennepin County Oblique Aerials is � 401 401 http: / /gis.co. hennepin. mn. us /HCpropertyMapBirdseve.aspx ?PID= 2411724440247 11/19/2007 -5771- 11/16/2007 11:04 AM FROM: Fax Cg Marketing Services TO: 19524720679 PAGE: 002 OF 002 -5772- Property Information Search by Street Address Result page Page 1 of 2 Hennepin County, MN www. us • Property Information Search Result The Hennepin County Property Tax web database is updated dally (Monday - Friday) at approximately 9:15 p.m. (CST) search ay, ...... _ $78,000 Parcel Data for Taxes Payable 2007 $56,300 Taxable Market Value: $56,300 click here for information on� your 2008 PROPERTY TAX - Truth In Taxation statement $62,000 ,...� Print �PROPOSED Solid Waste Fee: Property ID: 24- 117 - 24-44- 0246 Total Market: $78,000 Address: 3140 ARGYLE LA $44,800 ��.�..�.� Municipality: MOUND Total Limited: $56,300 School Dist: 277 Construction year: 1950 Classifications: Watershed: 3 Approx. Parcel Size: IRREGULAR RESIDENTIAL Sewer Dist: MISCELLANEOUS HOUSE or BUILDING Owner Name: RUDOLPH,PETERSON Relative Homestead #' . ................. Taxpayer Name RUOOLPH PETERSON 3140 & Address: 3140 ARGYLE LA STREET NAME: MOUND MN 55364 (at least first 3 characters) Argyle Road Most Current Sales Information UNIT..,* (if applicable) Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms- length transactions. Sale Date: January, 2006 Search Iear,:,E Sale Price: $40,000 Transaction Type: 20 k1fil. records per page Tax Parcel Description Addition Name: ARDEN Lot: Block: 004 Metes & Bounds: LOT 1, BLOCK 4, ARDEN, INCLUDING ADJACENT HALF OF VACATED STREET AND THAT PART OF LOT 2 IN SAID BLOCK 4 • INCLUDING ADJACENT HALF OF VACATED Note: This is a Partial Metes & Bounds Description. To receive full tax parcel description, email request to taxdescription@co.hennepin.mn.us Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2007 Values Established by Assessor as of January 2, 2006 Estimated Market Value: $78,000 Limited Market Value: $56,300 Taxable Market Value: $56,300 Total Improvement Amount: $62,000 Total Net Tax: $725.50 Total Special Assessments: Solid Waste Fee: $8.84 Total Tax: $734.34 http://wwwl6.co.hennepin.mn.us/nins/addrresi-5773- 11/16/2007 Property Information Detail for Taxes Payable 2007 Values Established by Assessor as of January 2, 2006 Values: Land Market $62,000 Building Market $16,000 Machinery Market Total Market: $78,000 Land Limited $44,800 Building Limited $11,500 Total Limited: $56,300 Qualifying Improvements Classifications: Property Type RESIDENTIAL MISCELLANEOUS Homestead Status NON - HOMESTEAD Relative Homestead • Agricultural Exempt Status http://wwwl6.co.hennepin.mn.us/nins/addrresi-5773- 11/16/2007 Hennepin County Property Map Print Page 1 of 1 I lie I• t. Selected Parcel Data Parcel ID: 24- 117 -24 -44 -0246 Owner Name: RUDOLPH PETERSON Parcel Address: 3140 ARGYLE LA, MOUND, MN 55364 Property Type: RESIDENTIAL MIS Homestead: NON - HOMESTEAD Area (sgft): 12053 Area (acres): 0.28 A -T -B: TORRENS Market Total: $78,000.00 Tax Total: $734.34 i f, Date Printed: 11/16/2007 12:24:07 PM Current Parcel Date: 11/08/2007 Sale Price: $40,000.00 Sale Date: 01/2006 Sale Code: http:// gis. co .hennepin.mn.us/HCPropertvM ap/L 5774 wspx ?PID= 2411724440246 11/16/2007 Property Information Search by Street Address Result page U Hennepa; 9rARC, TjP15 Hennepin County, MN - Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Page 1 of 2 Search ay: parcel Data for Taxes Payable-2007- -- - = Ciick here far information on your PROPOSED 2008 PROPERTY TAX - Truth In Taxation statement 40Print .� Property ID: -44 -014 Address: 4852 LANARK RD Municipality: MOUND School Dist: 277 Construction year: 1930 Watershed: 3 Approx. Parcel Size: IRREGULAR Sewer Dist: HOUSE or BUILDING Owner Name: TUFFINGTON PROPERTIES LLC ....................... #0 . Taxpayer Name TUFFINGTON PROPERTIES LLC 4852 & Address: 9192 NEILL LAKE RD STREET NAME: Total Special Assessments: EDEN PRAIRIE MN 55347 at least first $27.46 Qualifying Improvements characters) Classifications: Lanark Road Most Current Sales Information UNIT UNIT # (if applicable) .................. Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms- length transactions. Exempt Status NO SALE INFORMATION ON FILE FOR THIS PROPERTY, Se4ri<fi clew 20 M. records per page :...............:......... Tax Parcel Description Addition Name: ARDEN Lot: Block: 004 Metes & Bounds: LOTS 3 AND 4, BLOCK 4, ARDEN, INCLUDING ADJACENT HALF OF VACATED STREET AND THAT PART OF LOT 2 IN SAID BLOCK 4 INCLUDING ADJACENT HALF OF Note: This Is a Partial Metes & Bounds Description. To receive full tax parcel description, email request to taxdescription@co.hennepin.mn.us Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2007 Values Established by Assessor as of January 2, 2006 Estimated Market Value: $176,000 Limited Market Value: $174,800 Taxable Market Value: $174,800 Total Improvement Amount: $176,000 Total Net Tax: $1,835.70 Total Special Assessments: $113,200 Solid Waste Fee: $27.46 Total Tax: $1,863.16 �..�;.. Property Information Detail for Taxes Payable 2007 Values Established by Assessor as of January 2, 2006 Values: Land Market $62,000 Building Market $114,000 Machinery Market Total Market: $176,000 Land Limited $61,600 Building Limited $113,200 Total Limited: $174,800 Qualifying Improvements Classifications: Property Type RESIDENTIAL Homestead Status NON- HOMESTEAD Relative Homestead Agricultural Exempt Status hftp://wwwl6.co.hennepin.mn.us/pins/addrresi-5775 - 11/16/2007 6� 401 • Hennepin County Property Map Print Page 1 of 1 I* 10 3125 v 4842 48Px2 ii 314 3137 f if - LANARK RD 3149 Selected Parcel Data Parcel ID: 24- 117 -24 -44 -0247 Owner Name: TUFFINGTON PROPERTIES LLC Parcel Address: 4852 LANARK RD, MOUND, MN 55364 Property Type: RESIDENTIAL Homestead: NON - HOMESTEAD Area (sgft): 14629 Area (acres): 0.34 A -T -B: TORRENS Market Total: $176,000.00 Tax Total: $1,863.16 Date Printed: 11/16/2007 12:25:31 PM Current Parcel Date: 11/08/2007 Sale Price: $0.00 Sale Date: / Sale Code: http: / /gis.co .hennepin.mn.us /HCPropertyMapf - 5776 - Ispx ?PID= 2411724440247 11/16/2007 0. � � Q - fi � 842 Q - ....•wz053 -�'-_. l - � - --0-°17 m18'm19 °20 A5 4 O'.° (15) .n;: - -- -43- m m SoMZZ _ 3.0 80 5297210 S 130 4 8' m 7O 6N BO _ 167.6 40" 40 40 40 40 40 40 ° 4v ` Q 3 P mV(Iq)L� .o m 30 40 40 4 40 40 -' 40 40 q0 40 40 40 40 40 30 80 m < n .o 30 4p_ •40_ 40S „ o P _ _30 80 m 80 1 10 10 ro � so- 2 , • 9 _.g �-� vi '�$ N o o I > 10023 a 103.85 60 40 A0 40 40 ^ I A ti _ m e '° N •.10 0 > 100 0 40 40 40 100 5 . - 6- m m m 40 40^ Lc Qo 1 O. ° 3 -2 t > 220 > m -? 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O y O N ef30 Y O p� U Y (03AOW3N 38 w ZS84 'ON 'ONf 3nv8J A210y6 — :: L ti \ z 7 i A o :7 - 1i1 n � ..r � I N — s — FOUND IRON 6'09'1 w E 1 g 06'09x16 — — AR yLE� O O .a W o � 5778- 1 ( � z N �5 3� ml ow; Y� N to Y n F- 0 Z N 9L6= ir s 8 y 3 y 3 1 �y r � M r M i N U Y O O .a W o � 5778- 1 ( � z N �5 3� ml ow; Y� N to Y n F- 0 Z N 9L6= ir s 8 y 3 y 3 1 �y r � M r M i N N W -5779- • 01 * I o� -5779- • 01 * I Tai ;t -rte r - 1 TT �a. oz �r :°q 2581. o� 1� r P lA I p I Ulf i r 1 • III *I *I P lA 1 Ulf 1 • III *I *I 0 I r I• -5782- a F t c J T I N w� I• -5782- a F el el •I i aim OF L EE p., �i 0 II i i 44 A r � -5783- el el •I • 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 PLANNING REPORT TO: Planning Commission FROM: Sarah Smith, Community Development Director DATE: December 9, 2003 SUBJECT: Minor subdivision APPLICANT: Thomas Nadeau PID: 24- 117 -24 -44 -0035 PLANNING CASE NUMBER: 03 -49 LOCATION: 4852 Lanark Road ZONING: R -1 Single Family Residential COMPREHENSIVE PLAN: Residential • REQUEST The applicant, Thomas Nadeau is requesting approval of a minor subdivision of the property located at 4852 Lanark Road to create two new lots for single - family use. The subject property is legally described as follows: Lots 1, 2, 3, and 4, Block 4, Arden, including adjacent half of vacated street, Hennepin County, Minnesota. SUBDIVISION PROCEDURE City Code Chapter 330.20 outlines the classifications of subdivisions in the City of Mound and states that any division of land that is subject to the subdivision regulations shall be considered either a major subdivision or a minor subdivision. As set forth in City Code Chapter 330:20 Subd. 1, the following is considered to be a minor subdivision: A. Any subdivision of land creating not more than three (3) residential lots which shall conform to the following: 1. Have frontage on an existing public road. 2. Not require the construction of any new public facilities or public improvements. • 3. There shall be no adverse effect on remaining or adjoining property. 4. There shall be no conflict with the Comprehensive Plan, Zoning -5784- Ordinance or Official Map Members of the Planning Commission are advised that the proposal qualifies as a minor subdivision. SITE CONDITIONS The subject property abuts Lanark Road on the south side and Argyle Lane on the west side. There is an existing 2 -story house and cottage located on Lots 3 and 4 (proposed Parcel B) and a detached garage on Lot 2 (proposed Parcel A). All structures are to be demolished and replaced with (2) new single - family dwellings. CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all City departments for review and comment. All written comments received to date have been summarized below: Fire Chief Pederson No comments. Police Chief Kurtz - No police issues. Public Works Supt. Skinner If appropriate, any new retaining wall along public ROW should be constructed to City wall specifications. Please also refer to comments from Public Works Director Carlton Moore and City Engineer John Cameron Public Works Dir. Moore No comments. City Engineer Cameron Refer to memorandum which has been included as a separate attachment. Parks Supt. Fackler No comments. Building Official Simoneau Building permits required including the submittal all appropriate information. The use of hardsurface driveway(s) for the new parcels should be included as a condition of approval. Zoning. The subject property is zoned R -1 single family residential. The following table includes the lot area, width and setback requirements of the R -1 District and also 2 -5785- 0 ii U • outlines the proposal's conformity with the zoning requirements: Note: Parcel A as proposed is fronted on two sides by public streets and is therefore subject to front setbacks of 30 feet on the west and south sides. Non -Lot of Record Status. In the event the minor subdivision request is approved, the subject property will lose its "lot of record" status and therefore will be subject to the standard provisions of the R -1 zoning district including hardcover not exceeding (30) percent for each of the proposed lots. NOTIFICATION While City Code does not require public notification, current City policy indicates that adjacent property owners are notified as a courtesy. Members of the Planning Commission are advised that a copy of the December 1,5,, 2003 meeting agenda was forwarded to the adjacent property owners on or around December 12, 2003. • TIMELINE FOR CITY ACTION. The minor subdivision application was submitted and deemed to be complete on November 3, 2003. Pursuant to Minnesota State Statute Section 462.358. Subd. 3b, the City has 120 days to approve or deny a subdivision. DISCUSSION 1. The proposed minor subdivision meets the provisions of the R -1 District requirements. No variances are requested. 2. If the minor subdivision is approved, the property will lose "lot of record" status and therefore will be subject to the standard zoning requirements of the R -1 District. Specifically, side yard setbacks are increased to (10) feet and hard surface coverage will be limited to no more than thirty (30) percent as set forth in City Code Chapter 350:1225. 3. The application does not qualify as a waiver of platting as the proposed division does not utilize original lot lines. 4. The drainage and utility easement description(s) for the proposed new lots have • been included on the survey. -5786- Lot Area Width Depth Front Side Rear Setback Setbacks Setback R -1 10,000 SF 60 FT 80 FT 30 FT 10 FT 15 FT Parcel A 13,549 SF 96 FT 116 FT ( +) 30 FT 30 FT* / 10 FT 68 FT Parcel B 15,096 SF 88 FT 154 FT + 30 FT 10 FT / 32 FT 98 FT Note: Parcel A as proposed is fronted on two sides by public streets and is therefore subject to front setbacks of 30 feet on the west and south sides. Non -Lot of Record Status. In the event the minor subdivision request is approved, the subject property will lose its "lot of record" status and therefore will be subject to the standard provisions of the R -1 zoning district including hardcover not exceeding (30) percent for each of the proposed lots. NOTIFICATION While City Code does not require public notification, current City policy indicates that adjacent property owners are notified as a courtesy. Members of the Planning Commission are advised that a copy of the December 1,5,, 2003 meeting agenda was forwarded to the adjacent property owners on or around December 12, 2003. • TIMELINE FOR CITY ACTION. The minor subdivision application was submitted and deemed to be complete on November 3, 2003. Pursuant to Minnesota State Statute Section 462.358. Subd. 3b, the City has 120 days to approve or deny a subdivision. DISCUSSION 1. The proposed minor subdivision meets the provisions of the R -1 District requirements. No variances are requested. 2. If the minor subdivision is approved, the property will lose "lot of record" status and therefore will be subject to the standard zoning requirements of the R -1 District. Specifically, side yard setbacks are increased to (10) feet and hard surface coverage will be limited to no more than thirty (30) percent as set forth in City Code Chapter 350:1225. 3. The application does not qualify as a waiver of platting as the proposed division does not utilize original lot lines. 4. The drainage and utility easement description(s) for the proposed new lots have • been included on the survey. -5786- 5. In the event the subdivision is approved, a park dedication fee of $1100.00 will • be required. Additionally, payment of trunk area water and sewer charges, utility connection fees and /or street improvement assessments may also be applicable. Refer to additional comments from City Engineer John Cameron. 6. Both parcels have sewer and water services in place. 7. The installation of a hard surface driveway(s) for the new homes is recommended. 8. While no construction is contemplated as part of the subdivision request, the applicant has demonstrated a building pad on the subject lots which are consistent with the R -1 requirements. Additionally, a model home plan has been included. RECOMMENDATION City staff recommends approval of the proposed minor subdivision subject to the following list of minimum conditions: 1. Hardcover surface coverage on the proposed -new lots shall not exceed thirty (30) percent. 2. All comments from the City Engineer. • 3. Payment of (1) park dedication fee and any and /or all municipal utilities trunk and connection fees and deficient street assessment charges. CITY COUNCIL REVIEW In the event a recommendation from the Planning Commission is received, it is anticipated that the request will tentatively be forwarded to its January 13, 2004 meeting. 4 -5787- This information sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 952- 472-0607. General Zoning information Sheet R -1 Zaning. District— -Family`-Residential PRINCIPAL BUILDINGS Lot Area tot Width. and Setback Requirements Minimum Lot Area ....... ...... ............................... ..........::..........:..10,000 Square Feet Minimum Lot Width.............................. :............................................... .......... 60 Feet . Front Yard Setback ....................... ......... ....................................................... 30 Feet Side Yard Setback :.................... . .................................... .......... :...............:..10 Feet Rear Yard Setback ............................. ............ .. ..... .......15 Feet Minimum Lot Depth.. ................... ................... ........................................ 80:Feet - Lakeshore I Ordina High Water Setback.........`............. ..........50 Feed Minimum Floor Area Requirement ............................... ......................840 Square Feet *Minimum lot frontage on an improved public street shall be 60 feet; except that lots fronting on a cul -de sac shall be 60 feet at the.front building setback line: Applicable side or rear yard setbacks apply;to lot lines 1. abutting, fire lanes, alleys or- unimproved street right- OPways. 4tuilding Height. The vertical distance to be measured from the average grade of a building line to the top, to e cornice of a flat roof; to the deck line of a mansard roof, to a point on the roof directly above --the highest -wall of.s shed roof, to the uppermost point.on a round or other arch type roof, to the mean distanoe of the .. highest gable on a pitched or hip roof.' No building hereafter er®cted shall exceed two and one "half (2 -1/2); stories or thirty -ftve (35) feet in height. LOTS OF RECORD, Special Provisions Corner Lots Lot width Minimum side yard setback 40 - 50 feet 10 feet 50 — 80 feet 20 feet 81 feet or more 30 feet Side Yard 'Re uirements — The re uired side yard setback shall be a minimum of 10 feet: Lot width Minimum setback on 1 side yard 40 — 79 feet 6 feet 80 —100 feet 8 feet 101 feet or more 10 feet Front Yard -� Except as regulated in Section 350.440, Subd. 6 of the City Code, the front yard setback Lot depth Minimum front yard setback 60 feet or less 20 feet 61 — 80 feet 24 feet 81 feet or more 30 feet 2006 CITY OF MOUND RESOLUTION # 04 -16 A RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4852 LANARK ROAD P & Z CASE # 03-49 PID # 24- 117 -24-44 -0035 WHEREAS, the applicant, Thomas Nadeau, has requested a minor subdivision to combine and subdivide the property located at 4852 Lanark Road to create two (2) new lots for single - family use; and . WHEREAS, the subject property abuts Lanark Road on the south side and Argyle Lane on th�existinlg,!2:1i-story EREAS, there is an house and cottage located on Lots 3 and 4 (proposed Parcel B) and a detached garage on Lot 2 (proposed Parcel A) and all structures are to be demolished and replaced with (2) new si le- family dwellings; and WHEREAS, minor subdivisions are regulated by City Code Chapter 330:20; and WHEREAS, the property is located within the R -1 Single Family Residential District and subject to City Code Chapter 350:620 and the minor subdivision meets the R -1 standards for lot area, width and setback as outlined in the table below: and; 1 -5789- •I Lot Area Width Depth Front Side Rear Setback Setbacks Setback R -1 .10,000 SF 60 FT 80 FT 30 FT 10 FT 15 FT Parcel A 13,549.SF 96 FT 116 FT 30 FT 30 FT/ 10 FT 68 FT Parcel B 15,096 SF 1 88 FT 1 154 FT 30 FT I 10 FT / 32 FT 1 98 FT and; 1 -5789- •I Resolution No. 04 -16 • WHEREAS, the Planning- Commission reviewed the request at its December 15, 2003 meeting and unanimously recommended that the City Council approve the minor subdivision as requested by the applicant and as recommended by Staff. NO THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City Council does hereby approve the Minor Subdivision subject to the following conditions: A. Hardcover surface coverage on the proposed `new lots shall not exceed thirty (30) percent. B. Payment of (1) park dedication fee and any and /or all municipal utilities trunk and connection fees and deficient street assessment charges. C. All comments from the City Engineer's memorandum dated _ December 5, 2003 that has been included as Exhibit A. 2. This minor subdivision is approved for the following legally described property as stated in the Hennepin County Property Information System: Refer to Exhibit B Adopted by the City Council this 13th day of January, 2004. /s/ Pat Meisel Pat Meisel, Mayor /s/ Bonnie Ritter Attest: Bonnie Ritter, City Clerk i 2 i i -5790- Resolution 04 -16 EXHIBIT A Page 1 of 2. MEMORANDUM FRA Mccombs F�aaY Moos Associates, tac. DATE: DECEMBER 5, 2003 TO: SARAH SMITH, COMMUNITY DEVELOPMENT DIRECTOR FROM: JOHN CAMERON, CITY ENGINEER SUBJECT: CITY OF MOUND NADEAU MINOR SUBDIVISION 4852 LANARK ROAD CASE NO. 03-49 MFRA File No. 14629 As requested, we have reviewed the Nadeau Minor Subdivision request and have the following comments and recommendations: _ Comments: • I : According to City records and the survey, both parcels have water..and sewer services in place. 2. Recent revisions to the City Code requires that sanitary sewer and watermain trunk charges, in addition to the connection fees must be paid on new building sites. The present trunk charges are $1500 each for sanitary sewer and watermain and a connection fee of $240 each for the sewer and water services for the newly created building site. 3. The concrete curb in this area is not true surmountable curb; therefore when the new homes are constructed, the curb will need to be removed and new concrete - aprons installed. 4. This is another of the older plats in the City, which did not provide drainage and utility easements along the lot lines. Therefore, drainage and utility easements should be provided along all lot lines, as shown on the survey submitted with the application. Also, a permanent easement for street purposes will need to be provided for the curb radius at the southwest corner of the property, as shown on the survey: 5. The survey submitted with the application shows only tentative house locations and proposed grading. 'A complete grading and drainage plan will need to be • submitted when application is made for a building permit. 15050 23RD AVENUE NORTH. JCAMERONOMFRA.COM PLYMOUTH, MN 55447 -5791- (763)476 -6010 FAX (763) 476 -8532 I[] i Resolution 04 -16 Recommendations: 1. New services will need to be run from the proposed house,to the right of way line at time of construction. 2. Sanitary Sewer -and Watermain Trunk Charges of $1500 each shall be paid when a building permit application is made for Parcel A. Parcel B would be exempt from the Trunk Charges, since there is an existing home located on it. 3. A new concrete apron must be installed for each parcel at the time of house construction. r 4. Provide drainage and utility easements along all to t lines and a permanent easement for street purposes, as shown on the survey. 5. Final grading and drainage plan to be approved by the City Engineer at time of building permit application. - 5792 -2 EXHIBIT A Page 2 of 2 Resolution 04 -16 EXHIBIT B 401 *I 61 -5793- ._ U). jLots LEGAL DBSCRIP''f8ON: 1; 2, 3, and 4, Block 4. Arden, including adjaexM half of vacated sired. Hennepin tY. . \ Minnesota. MOMSED LECiAt. DESCRIPTION FOR PA A: half vacated street, and that part of Lot 2, Block 4. Arden, Hennepin 3 , f, Uj �� . Lot 1, including adjacent of COUVO nesota, including adjacent half of vacated street, lying Westerly of a tine described as follows: Commencing it the Southeast coma of Lot 4 in said Block 4; thence Noah 89°OT West along the South line of said Block 4 a distance of 88.20 feet to the point of beginning of the Una to be described; thence North :00*W22 ". West 154.75 fed 3o the Northerly hire of said . included adjacent half of vacated street and there terminating. PROPOSED LEGAL ]SESCREMON FOR PARCEL B: Lots 3. 4. that part of Lot 2. Block 4, Arden, Hennepin County; Minnesota. including - adjacent and half of vacated street. lying Easterly of a line described as follows: Commencing at the Southeast in Block 4. thence North 89"0T52" West along the South line of said Block 4 corner of Lot 4 said a distum of 88.20 feet to the point of beginning of the line to be de=1*d; thence. North . 00"00' Y22" West 1 54.75 feet to the Northerly line of said included adjacent half of vacated street and there terminating. -- — *I 61 -5793- Feasibility Report for 2008 Street Improvement Project 2008 Retaining Wall Reconstruction Project City of Mound, Minnesota Prepared by: Bolton & Menk, Inc. 2638 Shadow Lane Suite 200 Chaska, MN 55318 October 16, 2007 (Revised November 19, 2007) MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN BURNSVILLE, MN • CHASKA, MN WILLMAR, MN • RAMSEY, MN AMES, IA www.bolton- menk.com An Equal Opportunity Employer t t BOL-TON & MAN K, INC_ Consulting Engineers & Surveyors to 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448 -8838 • FAX (952) 448 -8805 October 16, 2007 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 RE: 2008 Street Improvement Project - City Project No. PW -08 -01 2008 Retaining Wall Reconstruction Project - City Project No. PW -08 -02 Honorable Mayor and City Council Members: As requested, we have prepared a feasibility study for the improvements of various City streets and retaining walls. We have included the proposed method of financing and maps showing the locations of the proposed improvements. We are available to discuss this report at your convenience. Sincerely, Bolton & Menk, Inc. 4-;� �- f Daniel L. Faulkner, P.E. City Engineer DF /alb MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN • CHASKA, MN • WILLMAR, MN • RAMSEY, MN • AMES, IA www.bolton-menk.com An Equal Opportunity Employer Feasibility Study For 2008 Street Improvement Project 2008 Retaining Wall Reconstruction Project City of Mound, Minnesota I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. 4414 W- 1011- Daniel L. Faulkner Date: October 16, 2007 Registration No. 19956 (Revised November 19, 2007) TABLE OF CONTENTS I. FORWARD ........................................................................................................ ..............................I II. CONCLUSIONS AND RECOMMENDATIONS: ......................................................................... 3 III. INTRODUCTION: .......................................................................................................................... 4 IV. LOCATION: .................................................................................................................................... 4 V. EXISTING CONDITIONS ............................................................................... ............................... 6 vi. IMPROVEMENTS: ......................................................................................................................... 6 VII. EASEMENTS: ................................................................................................................................. 8 VIII. ENGINEER'S ESTIMATE: ............................................................................................................ 8 IX. PROJECT FINANCING: ................................................................................................................. 9 X. TYPICAL ASSESSMENT: ............................................................................................................. 9 XI. PROJECT SCHEDULE: ................................................................................................................ I I APPENDIX A IL I I I I U t n 1 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project ON of Mound 1 : A _16 This study has been prepared to evaluate the feasibility of the 2008 portion of the Street Reconstruction Program implemented in 2003 and continuing through 2012. The Street Reconstruction program was established to rate the condition of existing streets in order to establish a plan that would minimize long term roadway replacement costs and preserve the integrity of the city's infrastructure through routine maintenance. The preparation of this report reviews the feasibility of adhering to the programs' intent of cost effectively meeting the maintenance and preservation goals of the City of Mound for the 2008 portion of the Program. Various criteria are used to evaluate each roadway section and existing infrastructure to determine the recommended construction required. The criteria used for rehabilitation work includes but is not limited to the following general evaluation considerations: A. Areas that have been the subject of resident concerns or complaints are reviewed for the feasibility of repairing the problem. B. Excessive pavement cracking and locations of total pavement failure (potholes, settlements, etc.), which signify subgrade failure and an increased rate of deterioration. C. Cracked, broken, settled or heaved curb and gutter are noted for replacement to prevent drainage into the subgrade that promotes more extensive deterioration of the pavement. D. Areas experiencing poor drainage are evaluated to see if pavement and curb drainage patterns can be modified to correct the drainage issues or if storm sewer modifications are required. E. Sanitary sewer lines are televised and structures are inspected and evaluated to determine if routine maintenance, rehabilitation or replacement is necessary. Additional consideration is given to locations of sanitary sewer that are experiencing high levels of inflow and infiltration (I &I) that lead to increased sewer costs for the City of Mound. Locations that necessitate maintenance are reviewed for repair options. F. Recommendations from the city's Hydraulic Water Supply System model include a recommendation for upsizing a section of watermain in this project area. The location and frequency of watermain breaks and repairs are investigated to determine if replacement is necessary to eliminate sudden water disruptions and avoid roadway patches and damage associated with the repairs. © Bolton & Menk, Inc. 2007, All Rights Reserved Page 1 C12.39740 November 19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project City of Mound After the above evaluation has been completed, the following general practices are followed for the street improvements: A. Roadways subject to watermain, sanitary, or storm sewer replacement are generally specified for reconstruction as the trenching operation required for this work would generally remove a majority of the roadway. B. Roadways that have significant cracking, pavement failures, or subgrade failures observed by roadway heaving and settlements as described above are designated for reconstruction. C. Roadways experiencing only surface cracking or minor deterioration are scheduled for milling and overlaying to rehabilitate the roadway surface, along with any necessary curb replacement to bring it back to a "new" condition. The findings from the above evaluations were used in determining the feasibility for the 2008 Street Improvement Project. The following recommendations meet the goals of the Street Rehabilitation Program by preserving and maintaining the infrastructure of the City of Mound in a cost effective manner. © Bolton & Menk, Inc. 2007, All Rights Reserved Page 2 C12.39740 November 19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project Citv of Mound H. CONCLUSIONS AND RECOMMENDATIONS: Conclusions drawn from studies and investigations are: A. The proposed street, retaining wall, and utility improvements are feasible, essential, and cost effective. B. If the recommended upsizing of watermain is not constructed, two existing hydrants will have flows below adequate fire protection levels and if the recommended replacement of watermain is not constructed the potential for watermain breaks under newly improved streets will continue to increase. C. If the recommended streets are not constructed at this time, significant maintenance work will be required particularly in areas that have settlement, significant cracking, and poor drainage. D. Temporary construction easements and/or additional permanent right -of -way may be required in areas where: retaining walls are being repaired; utility replacement is near the right of way; there is major reconstruction of existing roadways. Based on these conclusions we recommend: A. The proposed street improvements in the Dutch Lake area be improved at an estimated total street project cost of $1,238,000. B. The utilities including watermain, sanitary sewer, and storm sewer be reconstructed at an estimated total project cost of $1,083,000. C. The proposed retaining walls be reconstructed at an estimated total project cost of $201,000. D. All projects be included in construction bonds acquired by the city. E. The project be assessed in accordance with the City's Street Construction and Reconstruction Policies with the exception of the Village By The Bay as described in this report. © Bolton & Menk, Inc. 2007, All Rights Reserved Page 3 C12.39740 November 19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project Citv of Mound III. INTRODUCTION: On August 14, 2007, the Mound City Council ordered the preparation of an engineering Feasibility Report for the proposed 2008 Street Improvement Project. The purpose of this report is to determine in a preliminary manner, the feasibility of: reconstructing and resurfacing existing streets within the proposed project area, reconstructing existing retaining walls within the project area as necessary, and improving utility infrastructure in coordination with the street improvement project. IV. LOCATION: City of Mound staff along with Bolton & Menk performed an area wide evaluation of the existing streets in the Dutch Lake areas proposed for improvements in the 2008 construction season. The type of proposed street improvements was determined from the existing pavement condition and location of proposed utility improvements. Streets with poor pavement condition or underlying watermain scheduled for improvement would typically be reconstructed from curb to curb. Streets that do not have underlying utilities scheduled for repair and are not in need of full reconstruction will be milled and overlaid. Location maps are shown in Appendix A for all proposed improvements. A. Streets �J Reconstruction: • Alder Road Bellaire Lane to Commerce Boulevard • Bellaire Lane Grandview Boulevard to 150' north of Alder Road • Birch Lane Rambler Lane to corner • Clover Circle Southview Lane to Forest Road • Cottonwood Lane Lynwood Boulevard to End • Dutch Lane Linden Lane to Birch Lane • Hillcrest Road Sycamore Lane to Grandview Boulevard • Linden Lane Rambler Lane to Dutch Lane • Maple Road Rambler Lane to end • Mill Pond Lynwood Boulevard to end • Rambler Lane Maple Road to 150' east of Walnut Road • Red Oak Road Dutch Lane to Clover Circle • Southview Lane Clover Circle to Lynwood Boulevard • Southview Lane Lynwood Boulevard to Chestnut Road • Sunset Road Grandview Blvd to 150' east of Grandview Blvd • Sycamore Lane Hillcrest Road to Sunset Road • Walnut Road Rambler Lane to End © Bolton & Menk, Inc. 2007, All Rights Reserved Page 4 C12.39740 November 19, 2007 � I Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project City of Mound B. Mill & Overlay: • Bellaire Lane Grandview Boulevard to 150' north of Alder Road • Birch Lane Lynwood Boulevard to corner • Chestnut Road Southview Lane to cul -de -sac • Clover Circle Forest Road to Southview Lane • Elm Road Ironwood Lane to Bellaire Lane • Forest Lane Clover Circle to end • Ironwood Lane Sunset Road to Elm Road • Rambler Lane 150' east of Walnut Road to Lynwood Boulevard • Sunset Road Sycamore Lane to Grandview Boulevard • Sunset Road 150' west of Grandview Blvd to Bellaire Lane • Willow Lane Clover Circle to end C. Watermain Improvements: • Alder Road Commerce Boulevard to Bellaire Lane • Birch Lane Rambler Lane to corner • Clover Circle Hillcrest Road to Forest Road • Dutch Lane Linden Lane to Birch Lane • Hillcrest Road Southview Lane to Clover Circle • Hillcrest Road Sycamore Lane to Grandview Boulevard • Linden Lane Rambler Lane to Dutch Lane • Maple Road Rambler Lane to End • Rambler Lane Maple Road to Walnut Road • Red Oak Road Clover Circle to Dutch Lane • Southview Lane Clover Circle to Lynwood Boulevard • Southview Lane Lynwood Boulevard to Chestnut Road • Sycamore Lane Hillcrest Road to Sunset Road • Walnut Road Rambler Lane to End D. Retaining Wall Replacement: • Birch Lane • Red Oak Road • Hillcrest Road • Sunset Road • Lynwood Blvd • Sycamore Lane • Maple Road • Walnut Road • Rambler Lane © Bolton & Menk, Inc. 2007, All Rights Reserved Page 5 C12.39740 November 19, 2007 i� Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project City of Mound V. EXISTING CONDITIONS The existing sub -grade soils around this area of the city are typically clayey loams with moderate to high susceptibility to freeze -thaw and shrink- swell. The existing streets and storm sewer were constructed around 1980 with the street widths ranging from 16.5 feet to 40 feet measured from the face of curb. The original street sections were typically 3.5 inches of bituminous base and 1.5 inches of bituminous wear course with no aggregate base. The streets were also typically constructed with curb and gutter. A number of streets have been seal coated and patched since the original construction and now have sections that have failed and require repair. Many of the existing retaining walls adjacent to the project are constructed of a natural limestone flagstone and range in height of 2 feet to 6 feet. Walls that have failing portions, large cracks, are unsightly, are leaning or have excessive vegetation growth between the stones will be replaced as part of the street proj ect. A majority of the watermain and sanitary sewer were constructed in 1962 and 1963, with the sanitary sewer constructed of vitrified clay tile and the watermain and forcemain constructed of cast iron pipe. The watermain has experienced numerous breaks and maintenance since its installation and the sanitary sewer has been televised by city staff and currently there are no segments within the Dutch Lake area that would require complete replacement. Inflow and infiltration (1 &1) into the sanitary sewer has been a city concern for some time and it has been determined that the best solution is cured in place pipe (CIPP) lining of the existing sanitary sewer to be done under a separate project. VI. IMPROVEMENTS: A. Streets: Reconstruction: The proposed reconstruction will include the removal of all existing bituminous & excavating down to the sub -grade along with the removal and replacement of curb and gutter where required. The sub -grade under the streets will be corrected if needed and the street will be rebuilt with a layer of geo- textile fabric, 8 inches of aggregate base Class 5, and 3 -1/2 inches of bituminous pavement. 2. Mill & Overlay: The streets that are proposed for mill & overlay will be milled at a variable depth of 2 inches at the curb to a depth of 1 inch at the centerline. This variable depth milling will produce a street that will have a cross slope of 3.0% and will leave more bituminous in place during construction to help minimize the degradation of the pavement under construction traffic. A final wear course of 2 inches will be placed over the entire street. Curb & gutter will be removed and replaced as needed along these streets. © Bolton & Menk, Inc. 2007, All Rights Reserved Cl2.39740 Page 6 November19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project Citv of Mound 3. Watermain: Watermain improvements will be made throughout the 2008 Street Improvement Project to upgrade existing undersized lines, create a looping connection that will eliminate a dead end line, and to replace existing watermain lines that have had maintenance problems in the past. The proposed flow and fire protection improvements include the upsizing of a 6 -inch line to an 8 -inch line along Walnut, Rambler, and Birch ending at Dutch Lane, and a new looped line along Linden Lane that will eliminate the dead end line on Dutch Lane. It will also provide shorter services for three properties along Linden Lane. All watermain repairs will be paid from the City's Watermain Utility Fund and are not included in the street cost. 4. Storm Sewer: In several locations throughout the project catch basins will be relocated to locations that will properly drain the roadway and repositioned in the curb line to avoid "bump outs." Also, existing pipe sizes may be increased and /or additional inlets may be added to help drain low spots and overloaded areas. All inlet castings will be upgraded with high velocity grates. All storm sewer repairs will be paid from the City's Storm Sewer Utility Fund and are not included in the street cost estimates. 5. Sanitary Sewer: All areas within the project are currently served by the city's sanitary sewer system. All lines will be televised by city staff and any needed repairs will be included with the project. The cost of repair or replacement will be funded from the Sewer Utility Fund. 6. Retaining Wall Replacement: Retaining walls adjacent to streets included in the 2008 Street Improvement Project will be reconstructed as needed to the city standard. Nearly all walls range in height from 2 feet to 6 feet and are typically very close to the back of curb. Wall replacement and evaluation criteria include: the extent of failed wall area; the number of large cracks; excessive vegetative growth between stones. Many of the walls are currently made of limestone flagstone. The new walls will be constructed of modular block in accordance with city standards and will be funded through the Retaining Wall Reconstruction Fund. © Bolton & Menk, Inc. 2007, All Rights Reserved Page 7 C12.39740 November19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project City of Mound VIL EASEMENTS: The existing street right -of -way ranges from 30 feet to 60 feet. Easements may be required in locations where there are significant repairs to the street section and where utilities scheduled for replacement are close to the existing right of way. The exact locations of the right -of -way and any easements will be determined during final design. Easement costs are not included in the 2008 Street Improvement Project estimates. VIII. ENGINEER'S ESTIMATE: The costs associated with the 2008 Street Improvement Project are outlined below. An itemized list and map for each area is available in Appendix A. East Dutch Lake Area $455,000 West Dutch Lake Area $783,000 Estimated Total Cost, 2008 Street Improvement Project $1,238,000 The costs associated with the retaining wall reconstruction are summarized below. An itemized list and location map of walls within to the 2008 Street Improvement Project are available in Appendix A. Estimated total retaining wall replacement cost included with the 2008 Street Improvement Project is $201,000. This cost is not included in the street cost. The total project costs associated with the 2008 Utility Improvements for watermain, sanitary sewer, and storm sewer are estimated to be $1,083,000. The detailed estimate is not included in this report. These costs are not included in the street costs. The total estimated project cost for all 2008 improvements proposed for the City of Mound including all streets, retaining walls, and utilities is $2,522,000. These above stated estimates do not include the costs for any easements that may be required for construction. © Bolton & Menk, Inc. 2007, All Rights Reserved C12.39740 Page 8 November19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project City of Mound IX. PROJECT FINANCING: The street project will be assessed according to the City's Street Construction and Reconstruction Policies. This policy states that two - thirds (2/3) of the costs for the project will be assessed to benefiting properties and the remaining one -third (1/3) shall be paid by the City. Public improvement bonds will finance all project elements with the associated street assessments levied over a period of time, which will be determined by the City Council (typically a 15 year period). The City's share of the project will be paid through the general levy. 2008 Street Improvement Project: Amount Assessed to Benefiting Properties (2/3) _ $825,000 Amount Paid by the City (1/3) $413,000 Total Estimated Street Costs = $1,238,000 Retaining Wall Reconstruction: Amount Paid from Retaining Wall Reconstruction Fund = $201,000 Utility Improvements: Amount Paid from respective Utility Funds = $1,083,000 Estimated Total Project Costs = $2,522,000 Il•1 i� [�l� IIT.Xy- �I.Xyu 1 �1►Y_ The assessments for commercial lots will be determined by the Combination Method and assessments for residential lots will be determined by the Unit Method as described in the City of Mound's Street Construction and Reconstruction Policies. The total amount assessed to the benefiting properties will also be reduced by the Utility Street Cost. The Utility Street Cost is determined by estimating the cost of repairing a street back to the standard city section due to the utility replacement if the street was not to be fully 1 reconstructed for this project. The Street Utility Cost is paid from the applicable Utility Fund. The assessment amount of approximately $27,000 will be distributed among the four (4) commercial properties according to the Combination Method, as specified in the City's Street Construction and Reconstruction Assessment Policies. The assessable project cost for the commercial area is the proportional amount of the total assessable street improvement costs based on front footage. The total assessable commercial project cost is then spread over the four commercial properties based on each parcels front footage, area, and number of commercial properties. An itemized list of assessments is available in Appendix A. The Village By The Bay (VBTB) development is a unique scenario and staff is recommending a unique assessment calculation. The VBTB development is comprised of multifamily townhomes and condominiums that contain a total of 99 individual units. The development itself has interior private streets that the residents are responsible for ' © Bolton & Menk, Inc. 2007, All Rights Reserved C12.39740 IPage 9 November19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project Citv of Mound maintaining through special assessments through their association. The current City policy is to assess multifamily units at a rate of three - quarters (3/4) of a typical assessment. Staff feels that these units would be assessed an unjustifiably large amount based on the current policy. This issue was discussed at the City Council meeting of November 13, 2007. A resolution was approved adopting an assessment policy for PDA's (Planned Development Area) as it relates to the 2008 Street Improvement Project. The special assessment will be based on the potential number of single family lots that could be developed in an R -2 zone using the front footage of adjacent public streets as follows: the full length of an adjacent public street that provides access to the PDA; one- half the length of adjacent public streets that do not provide access. Applying this policy to VBTB with the applicable public street lengths of 450 feet for Bellaire Lane and 300 feet for Elm Road and the 60 -foot minimum lot front footage in R -2 zoning, a total of 12 single family lots could be developed. Therefore, 12 units are recommended to be assessed to VBTB which would ultimately be divided among their 99 units. This project includes a total of 210.5 equivalent residential units (ERUs) that will distribute the remainder of what is not assessed to the commercial properties by the Unit Method. These equivalent residential units include the 12 units from VBTB. The assessable portion divided by the number of ERUs determines the assessment. Total Amount to be Assessed (2/3) = $825,000 Amount Assessed to Commercial Units= $27,000 Amount Assessed to Residential Units = $798,000 Total Benefiting ERUs = 210.5 Typical Assessment = $798,000 / 210.5 = $3,793 Some potential exceptions to the typical single unit assessment are: multifamily homes with more than two dwelling units will be assessed three - quarters (3/4) of a typical assessment per unit (except for VBTB), corner lots with multiple streets that only have improvements on one or two sides of the lot will only be charged one -half (1/2), one -third (1/3), or two - thirds (2/3) of a typical assessment depending on how many streets the lot fronts. Also, new driveway aprons are to be fully assessed to the individual benefiting property. An average 16 -foot wide driveway apron constructed according to the city's standards is estimated to cost $800 each. The estimated assessment for the 2008 Street Improvement Project is higher than the previous year, which is primarily due to the larger lots in the Dutch Lake area. Even though the assessable street cost is lower than the previous year, there are approximately 100 fewer units that are to be assessed. The length of 2008 street improvements is also less than in 2007 but not in proportion to the fewer number of lots. When fewer units are assessed, the average assessment is increased. © Bolton & Menk, Inc. 2007, All Rights Reserved Page 10 C12.39740 November19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project City of Mound XI. PROJECT SCHEDULE: October 23, 2007 November 27, 2007 November 2007 - January 2008 February, 2008 March, 2008 March, 2008 May, 2008 October, 2008 June, 2009 Summer, 2009 Council receives report and calls for Public Hearing Council holds Public Improvement Hearing and orders project Plans and Specifications prepared Council approves Final Plans and sets Bid Date Bids are opened Council Awards Contract Construction Begins Substantial Completion of Project Final Completion of Project Council holds Assessment Hearing © Bolton & Menk, Inc. 2007, All Rights Reserved C12.39740 Page 11 November19, 2007 n L� l� Appendix A Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project City of Mound PRELIMINARY COST ESTIMATE 2008 STREET IMPROVEMENTS ASSESSABLE PORTION EACH DUTCH LAKE AREA TOTAL. STRF.F.T L.FNCTH = 5RRF T F ITEM UNIT UNIT PRICE ESTIMATED QUANTITY COST MILL 1.5" BITUMINOUS SURFACE SY $1.50 9840 $14,760.00 REMOVE BITUMINOUS PAVEMENT SY $3.00 4549 $13,648.00 REMOVE CURB & GUTTER LF $4.00 4915 $19,660.00 COMMON EXCAVATION CY (EV) $10.00 1152 $11,519.60 ADJUST FRAME & RING CASTING EACH $400.00 28 $11,200.00 ADJUST VALVE BOX EACH $200.00 3 $600.00 BITUMINOUS WEAR TON $55.00 1458 $80,174.60 BITUMINOUS NON -WEAR TON $55.00 500 $27,523.47 AGGREGATE BASE CL 5 CY CV $30.00 1011 $30,328.89 GEO- FABRIC SY $2.00 4549 $9,098.67 CURB & GUTTER LF $18.00 4915 $88,470.00 SODDING SY $7.00 1638 $11,468.33 TOTAL STREETS $318,451.56 CONTINGENCIES 10 %) $31,845.16 TOTAL ESTIMATED CONSTRUCTION COSTS $350,296.72 ENGINEERING, LEGAL & ADMIN (30% ) $105,089.01 TOTAL ESTIMATED PROJECT COST $455,385.73 WEST DUTCH LAKE AREA TOTAL. STREET L.F.NGTH= R1 In I F ITEM UNIT UNIT PRICE ESTIMATED QUANTITY COST MILL 1.5" BITUMINOUS SURFACE SY $1.50 5397 $8,095.00 REMOVE BITUMINOUS PAVEMENT SY $3.00 10338 $31,013.33 REMOVE CURB & GUTTER LF $4.00 9405 $37,620.00 COMMON EXCAVATION CY (EV) $10.00 2646 $26,461.23 ADJUST FRAME & RING CASTING EACH $400.00 52 $20,800.00 ADJUST VALVE BOX EACH $200.00 3 $600.00 BITUMINOUS WEAR TON $55.00 1447 $79,557.50 BITUMINOUS NON -WEAR TON $55.00 1137 $62,543.56 AGGREGATE BASE CL 5 CY (CV) $30.00 2297 $68,918.52 GEO- FABRIC SY $2.00 10338 $20,675.56 CURB & GUTTER LF $18.00 9405 $169,290.00 SODDING SY $7.00 3135 $21,945.00 TOTAL STREETS $547,519.70 CONTINGENCIES 10% $54,751.97 TOTAL ESTIMATED CONSTRUCTION COSTS $602,271.67 ENGINEERING, LEGAL & ADMIN 30 %) $180,681.50 TOTAL ESTIMATED PROJECT COST $782,953.17 TOTAL COST 2008 STREET IMPROVEMENTS $1,238,338.90 Bolton & Menk, Inc. 2007, All Rights Reserved C12.39740 Pagel of 3 November 19, 2007 Feasibility Report 2008 Street Improvement Project Retaining Wall Reconstruction Project City of Mound 2008 STREET IMPROVEMENT PROJECT- RETAINING WALLS STREET HOUSE NUMBER HEIGHT (FT) LENGTH (FT) AREA (SF) UNIT PRICE FOR REM. & INSTALL TOTAL COST MAPLE 6381 6 150 900 $29.00 $26,100.00 RAMBLER 6347 2.5 90 225 $29.00 $6,525.00 RAMBLER 6344 5 40 200 $29.00 $5,800.00 WALNUT 6325 3 65 195 $29.00 $5,655.00 WALNUT 6310 2.5 10 1 25 $29.00 $725.00 WALNUT 6310 4.5 85 383 $29.00 $11,092.50 LYNWOOD 6224 3 90 270 $29.00 $7,830.00 RED OAK 6191 2.5 80 200 $29.00 $5,800.00 SUNSET 5965 4 39 156 $29.00 $4,524.00 SYCAMORE 2006 5 40 200 $29.00 $5,800.00 SUNSET 5957 3.5 26 91 $29.00 $2,639.00 SUNSET 5957 3.5 90 315 $29.00 $9,135.00 SUNSET 5949 3 38 114 $29.00 $3,306.00 SUNSET 5945 2.5 30 75 $29.00 $2,175.00 SUNSET 5941 2.5 60 150 $29.00 $4,350.00 SUNSET 2027 2 40 80 $29.00 $2,320.00 HILLCREST 5961 3.5 36 126 $29.00 $3,654.00 SUNSET 5825 3 80 240 $29.00 $6,960.00 SUNSET 5824 3.5 18 63 $29.00 $1,827.00 SUNSET 5764 4 64 256 $29.00 $7,424.00 TOTAL WALL COST 4264 $123,641.50 CONTINGENCIES 25% $30,910.38 TOTAL CONSTRUCTION COST $154,551.88 ENGINEERING, LEGAL, & ADMIN 30% $46,365.56 TOTAL ESTIMATED PROJECT COST $200,917.44 Bolton & Menk, Inc. 2007, All Rights Reserved Page 2 of 3 C12.39740 November 19, 2007 0 M kn 00 0 0 M 0 rn M � O U �W� O E�- H � Ca O a w� w � O o� UO W U u C> a GS � W O W Q H V d a d z A z W v F Q 06 Ci rIl— O\ N M O\ W W H Qa 0 O U W z o O N a� O oz A cn U W `i'Oc N W O Aa�W W La Q O F- o � <r o � o � N M ti U � 9 M W O O M O y N pq s 0 0 H va' a O � U w o xo x a W W Q+ U E En A 0 , ° F c0 O N y 0 M kn 00 0 0 M 0 rn M � O U �W� O E�- H � Ca O a w� w � O o� UO W U u C> a GS � W O W Q H V d a d z A z W v F Q 06 Ci rIl— O\ N M O\ W W H Qa 0 O U W z o O N a� O oz A cn U W `i'Oc N W O Aa�W W La Q O F- o � <r o � o � N M ti U � 9 M W O O M O y N pq s 0 0 \ t � c " R I WA � y 1' 1 YOC AA y m tI NVI � ' 4..__.� Jt3.: -.:. 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M , 61 -� Q1 G1 0 �� - w Ln N 7 0 r a s 61 'tn. 4 Uf Ln G1 ry i N i4 _i ❑ i��'i Ul N.�RL ( Ph'�i In Ai M 1 1 G1' i co Ln Ln Ln ti M Ln Ln It J q., 7 , 7 CO �'• C) { Ln N601 ppM'C�' N r - t Q1 Ln n O 0 Q1 0 L�� '-,r� O J Ln 0. m 3 4p 4e s1'g r NI O w 1 3 oV1 3ar0Wa1OAS n 0), 1 ID N p �, €n F ;¢ �n r drat: Z 1 co -N �N 1 - s � n � - ut I N LS 0 0 O p O F '" : 3% O p 0 0 RD N p , O O p N : tD to Ct' O l0 n., .....\±%.1� •t r`.J N s7iY O 9 �' 0 ,- N, 7 • 16 140 CITY OF MOUND RESOLUTION NO. 07-- RESOLUTION ORDERIlNG IMPROVEMENT AND PREPARATION OF PLANS FOR 2008 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT WHEREAS, a resolution of the City Council adopted the 23rd day of October, 2007, fixed a date for a Council hearing on the proposed 2008 Street Improvement Project for improvement of the following streets: Alder Road Bellaire Lane to Commerce Blvd. Bellaire Lane Alder Road to Grandview Blvd. Birch Lane Rambler Lane to Lynwood Blvd. Chestnut Road Southview Lane to cul-de -sac Clover Circle Hilicrest Road to Hillcrest Road Cottonwood Lane Lynwood Blvd. to end Dutch Lane Linden Lane to Birch Lane Elm Road Bellaire Lane to Ironwood Lane Forest Lane Clover Circle to end Hillcrest Road Sycamore Lane to Grandview Blvd. Ironwood Lane Sunset Road to Elm Road Linden Lane Rambler Lane to Dutch Lane Maple Road Rambler Lane to end Mill Pond Lynwood Blvd. to end Rambler Lane Maple Road to L rnwood Blvd. Red Oak Road Clover Circle to Dutch Lane Southview Lane Clover Circle to Lynwood Blvd. Southview Lane Lynwood Blvd. to Chestnut Road Sunset Road Bellaire Lane to Grandview Boulevard Sunset Road Grandview Boulevard to Sycamore Lane Sycamore Lane Hillcrest Road to Sunset Road Walnut Road Rambler Lane to end Willow Lane Clover Circle to end AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 27"' day of November, 2007, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, 1. The 2008 Street Improvement, Utilities and Retaining Wall Improvement Project is found to be necessary, cost- effective, and feasible as detailed in the feasibility report. 2. Such improvements are hereby ordered as proposed. 3. Bolton & Menk, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the cost of the improvement from the proceeds of the tax - exempt bond. Adopted by the City Council this 27 h day of November, 2007. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -5794- .x. November 9, 2007 5341 MAYWOOD ROAD • MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com NOTICE OF HEARING ON 2008 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Mound will meet in the council chambers of city hall at 7:30 p.m. on November 27, 2007, to consider the making of improvements on the following streets, pursuant to Minnesota Statutes 429.011 to 429.111: Alder Road Bellaire Lane to Commerce Blvd. Bellaire Lane Alder Road to Grandview Blvd. Birch Lane Rambler Lane to Lynwood Blvd. Chestnut Road Southview Lane to cul-de -sac Clover Circle Hillcrest Road to Hillcrest Road Cottonwood Lane Lynwood Blvd. to end Dutch Lane Linden Lane to Birch Lane Elm Road ` Bellaire Lane -to Ironwood Lane Forest Lane Clover Circle to end Hillcrest Road Sycamore Lane to Grandview Blvd. Ironwood Lane Sunset Road to Elm Road Linden Lane Rambler Lane to Dutch Lane Maple Road Rambler Lane to end Mill Pond Lynwood Blvd, to end Rambler Lane Maple Road to Lynwood Blvd. Red Oak Road Clover Circle to Dutch Lane Southview Lane Clover Circle to Lynwood Blvd. Southview Lane Lynwood Blvd. to Chestnut Road Sunset Road Bellaire Lane to Grandview Boulevard Sunset Road Grandview Boulevard to Sycamore Lane Sycamore Lane Hillcrest Road to Sunset Road Walnut Road Rambler Lane to end Willow Lane Clover Circle to end The estimated cost of the improvement is $1,254,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. -Bon tc RGtter Bonnie Ritter, City Clerk Published in The Laker on November 17, 2007 and November 24, 2007. 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N� y C� N � y� _ �mmv�m=m U T C m-'mm3zm _ w v 0 N c 0 c 0 rnCL J N 0 0 as 0 m '2 0 Ecmcm�mpmcac>_m o zCo 0 >= >a0 > >0c�> 4cgNNNNNNNNN OOONNM N NN N N N N N N N N N N N N N i�� 0 0 JAMES E. KURTZ Chief of Police October 9, 2007 Commander Mound VFW 2544 Commerce Boulevard Mound, MN 55364 RE: Liquor license violati6n Dear Commander, MOUND POLICE 2415 Wilshire Blvd. Telephone (952) 472-0621 • Mound, MN 55364 Dispatch (763) 525-6210 Fax 1 (952) 472-0656 EMERGENCY 911 f � I' olati i that occurred af- The purpose of this letter is to inform you o a iquor license vi on you establishment on Monday, October 8, 2007 at 02:17 hours. At this time, an officer observed three parties in your establishment after hours and two of them were consuming for a�popy o or your -records. alcohol. I have attached` the: p This is your third liquor -ilicense .v461aii'o'n' and you are being fine $1;000 in accordance to City Council City of Mound No. 6_44-1 which established b M, c was ound on December 12, 2006..':A, ad 16 to die City ,&M canp e.hi. e payab, ound. k Further, this violation requires that, you appear in front of the City Council on Tuesday, November 27, 2007 at 7,. 30 .p.m., for public hearing to consider suspension or ,,. revocation of your license:. If you have any question: sa Nou't'ifie'.,heann2g or the hearing date you may contact City Clerk Bonnie Ritter at 9524472-41'0.' Sin erely, es Kurtz Chief of Police Cc: City Manager Kandis Hanson- City-Clerk Bonnie Ritter -5805- • 61 MOUND POLICE DEPARTMENT OFFENSE REPORT 2415 Wilshire Blvd., Mound MN 55364 Office: 952- 472 -0621; Fax: 952- 472 -0656 " F2' -5806- Ill Ineidenl/OUcnsc INS 01 MOC• MCS - Dale Reported Case Number Alcohol violationi /tobacco violation 10 -08 -07 07-2811 HRD I Badge q 1 Squad Time Rgpoacd Time Arrival Time Cleared Earliest Dane (x) Dt Rpi Earliest 'rilnc(xIT— I?--. V 18 844 02-17 0217 0232 c Placc Colm ilicil Grid NC•IC Idelnifier 2544 Commerce Blvd. 10 MN 0271300 Involvement: A: Arrested C: Complainant M: Mentioned RP: Reporting Party S: Suspect W: Witness SI TNainc (Firs( Middle Last) Dale ol'Birth Age Scx Race Height Weight Eyes Il:ur o eslie Jean Thomas 05 -04 -1982 25 F W 5 -11 230 Blu Brn Address City Stale Zip Home Phone Other Phone E -mail 2044 Commerce Blvd. Mound, MN 55364 952- 472 -8023 j Charge I: Stande /Ordinance N Charge 2 Statute /Ordinance a FNa.ineC(Firs( Middle Last) S2 Dale of Birth Age Sex Race Height Weight Eycs Flair ra Louise Schmidt 05 -I6 -1963 44 F W 5 -6 145 Brn Brn Address City State Zip lionle Phone OUta Phone E-mail 2044 Commerce Blvd. Mound, MN 55364 952 - 472 -8023 ` Charge I StahneiOrdinauce chiree StalutcOrchnance = - -- - --- S' Name (Firs) Middle Last) Daie of' Birth Age Sec Race I leight Weight Ei c: I Ian Kirb James Ellingson son 12 30 1963 44 M W 5 9 165 Brn Brn Address City Sl:nc ZIP I lome Phone Other Phone E-mail 2630 Commerce Blvd. Mound, MN 55364 None 612- 270 -7610 Charge I Stahlte /Ordinance = Charge ? Scnuce Ordinance M Name (first Middle Last) Date of Binh Age Sec Race {ielght Weight Ekes lall I VFW Post 5113 I Address City rate Zip Home Phone Other I'limic E•nlail = 2544 Commerce Blvd. Mound, MN 55364 952- 472 -3292 'j Charge I Statute /Ordinance N Charge ? Statute /Ordinance a _ ;l Name (First Middle Last) Date oflhrth Age Sec Race Height W'elglu Fves !lair _ Address City State T.ql I lode 1'hoic Other I'hone E-mail ` Charge I $IahnC /Ordinance r, Charge ' Staltnc %Ordumnce = = License ft Stale I'll, Yr Make Model Sgle VcI h Yr Colui VIN Number Qty Description IdeniGmg Nlllllher% Value — I'fIr11Wl Cn1111)ta{III I)i11C SCIII Inf l'Ilafglltg DIttN1G111t /11 RelXxled t/y ()I've, :, Asslsltllg ()I)iel'1 ()Illlef Atislglll'll I):Ill' $III1CfYli()f Approved Date Hooper Sturm (Orono PD) -5806- Ill MOUND POLICE DEPARTMENT OFFENSE REPORT CONTINUED OFFICER: Hooper CASE NUMBER: 07281t DATE;: 10 -08 -07 On 10 -08 -07 at approximately 0210 hours, I, Officer Hooper, was patrolling northbound at the 2500 block of Commerce Blvd As.I drove by the UFW. Post, located at 2544 Commerce Blvd., - i I noticed some dark shadows-walking- inside the. building., 1 parked my squad a short distance away from the building and walked to a window, located oti the northwest side of the building. The blinds were pulled, but _I could see through spaces in the blinds. I observed a malt and it female sitting on the northeast side of the bar. 1 noticed the female was smoking a cigarette and drinking from a clear glass with an amber liquid inside. I noticed the male had a clear bottle with an amber liquid inside. 1 watched the male drink from the clear bottle. I noticed a female was standing behind the bar facing the male and female sitting on the opposite side of the bar. I asked Officer Sturm to assist me with this call. Officer Sturm and I walked to the entrance, located on the southwest side of the VFW. I observed the three individuals through the window on the door. I observed the same female behind the bar (facing the same male and female on the other side of the bar) holding a pizza cutter in her hand. I watched the female sitting at the bar, later identified as Debora Louise Schmidt, DOB 05- 16 -63, sitting in the same seat I had previously seeing her sitting in. At 0220 hours, I watched Debora take her clear glass and pour herself some beer from the Coors Light tap located on the bar. I knocked loudly on the door and Debora and the male, later identified as Kirby James Ellingson. DOB 12- 30 -62, turned and looked at me. I watched the female standing behind the bar. later identified as Leslie Jean Thomas, DOB 05- 04 -82, quickly grab the clear glass Debora was drinking from and the clear bottle Kirby was drinking from and put them behind the bar. Debora came to the door and let Officer Sturm and me inside. I asked Debora what was going on and Debora told me they were just cleaning up. Debora told me she was the manager of the VFW. I advised Debora that I had been watching them drink for some time. Debora again said they were just cleaning up. 1 told Debora that l watched Kirby drinking from a clear beer bottle and I watched her pour herself a Coors Light beer from the tap. Debora said something similar to OK, what can I do. I told Debora that she could tell me the truth. Debora said she had a bad night and she had never done anything like this before. I walked behind the bar and located the clear glass with the Coors Light beer inside. l did not find a clear bottle of beer next to Debora's glass, but I noticed a clear bottle of Grain Belt to the right of Kirby. I noticed there was still a small amount of beer Ieft in the bottle. Kirby said he was not drinking from that bottle. Kirby said lie was drinking a Corona Beer earlier. I asked Debora why she was smoking inside the VFW and she told me she thought it was ok if the establishment was not open. l advised Debora that there is no smoking in any public building in the State of' Minnesota. I advised the above parties to leave the VFW. I advised Debora I would be submitting this incident to an investigator. I request this case be submitted for char�(ing. 1 cleared at 0232 hours. -5807- 2 of 2 • 11 • I* I* I* ALCOHOLIC BEVERAGES (CONTINUED) 800.15 Club license (regulated by State) Membership 200 or less: Membership 201 -500: Membership 501 - 1,000: Membership 1,001- 2,000: Membership 2,001 - 4,000: Membership 4,001- 6,000: Membership more than 6,000: 800.15 Sunday liquor 800.50 Civil Penalty for violation to comply $300 /yr. $500 /yr. $650 /yr. $800 /yr. $1000 /yr. $2000 /yr. $3000 /yr. $200 /yr. First violation $500 Second violation $750 Third violation $1000 plus public hearing before City Council to consider suspension and /or revocation of license 810.55 Civil Penalty for violation to comply First violation $500 Second violation $750 Third violation $1000 plus public hearing before City Council to consider suspension and /or revocation of license Charitable Gambling: Investigation fee (set by State) Commissaries 445.10 Commissary Car Wash: Expire January 31 st 430.00 Coin operated Automatic, drive - through Automatic, conveyor Cigarettes: Now governed by the County. Fireworks: License to Sell Consumer Fireworks Additional inspection if needed Garbage Collection: 490.25 Permit Fee M.-e -- $200 $5/yr. $100 /yr. $100 /yr. $100 /yr. $100 /yr. +$35 $300 /yr. II MEMORADNUM To: - City Manager Kandis Hanson From:- _ Police Chief Jim Kurtz Date: August 2, 2008 Subject: Administrative Citations .......................................... ............................... Introduction In January of 2007, I was asked by members of the Mound City Council to research, prepare, and present an Administrative Citation Program for the city that addressed quality of life violations such as nuisance and traffic. The request was based on the following: 1. Surcharges attached to state violations have created fines that are unreasonable and excessive for local residents. 2. The distribution of fine monies is inequitable. In 2004, the city received $13, or roughly 13% of a $103 traffic fine. 3. Higher traffic fines have resulted in higher prosecution rates and consequently, higher prosecution costs and added officer overtime. Additionally, others including police, county court administrators, and some state legislators have also expressed the need for local control of these types of violations. Police officers have reported being "torn" between issuing a written warning with no consequences to issuing a large fine that may have severe financial consequences for some violators. Criminal Court Operations Manager, Brenda Langfellow has stated Hennepin County Courts are overtaxed and the use of Administrative Citations keeps low -level violations out of the courts. A History For decades, cities all around the State of Minnesota have used Administrative Citations to enforce minor ordinance violations with little to no objection from the state. Only within the past few years has the issue of Administrative Citations become controversial and contentious. The debate has focused around the use of Administrative Citations for traffic enforcement. Administrative Citations are a civil citation and all of the revenues /fines generated from their use go directly to the issuing city and not to the state or county. According to the state officials, the use of Administrative Citations by cities will adversely affect the State's General Fund. Further, because Administrative Citations are a civil process, a traffic violation would not occur on a violator's driving record. -5809- *I 61 • Legal considerations In the past, there have been significantly differing legal opinions on the use of administrative citations by cities for minor traffic violations. Some believe cities lack the authority under Minnesota State Statutes, Chapter 16-9 to alter the "uniform traffic ticket:" In 2005, State Auditor, Patricia Anderson, threatened to audit the City of Winona for using administrative citations stating, "We believe that local administrative traffic tickets are not in compliance with state law." However, a city attorney who represents a Hennepin County city currently using administrative citations for minor traffic violations wrote, "1 have read the letter of the State Auditor dated 2 October 2003 raising what she feels are legal impediments to adoption of ordinances providing for administrative citations and it is my opinion that her arguments do not raise valid objections to the adoption of the ordinance. I think revenues are the chief, albeit, unstated objection in her letter. This letter will address her objections, point-by-point. I am not aware that any state officer has addressed this issue since 2003. First, she concedes that charter cities and charter counties can use administrative fines for "quality of life" offenses. Cities may legislate and if the state has legislated on a subject, called "occupying the field ", then cities may legislate but only in harmony with state law. However, if the state has not legislated as to a subject, then cities are free to legislate. Typically, the state legislature has not passed laws dealing with uniquely local issues such as junk cars, barking dogs, park violations, etc. She offers no persuasive • authority as to why statutory cities and other political subdivisions cannot. She concedes that, absent state law, political subdivisions can legislate, especially as to quality of life issues. She cites no legal authority prohibiting cities from this legislation. In the field of traffic law enforcement, it is true that the state has occupied this field and one of her chief objections is that if traffic tickets are not enforced in court, violations do not appear on a person's driving record and habitual violators are not identified. I have several responses to this. - First, -the City of would issue-administrative- citations-only for first time - offenders so habitual offenders would not benefit from this diversion from the court system. Second, The Rules of Criminal Procedure specifically allow prosecutors to divert criminal and traffic charges such that, one effect is that the conviction does not appear of record.. Rule 15 allows a prosecutor to allow pleas to lesser or different charges and Rule 27.05 allows diversion which generally means that a party will waive his right to a trial, pay prosecution costs (all of which go to the city and none to the county or state) and observe certain condition, i.e. no further crimes or offenses. She speaks to the right of city prosecutors to allow diversions and concedes that while administrative penalties are all payable to the city, so are prosecution costs and the state may not be able to lawfully collect surcharges in all cases. The Hennepin County District Court, in an effort to streamline its burgeoning • case load, has required prosecutors to give Hearing Officers written authority to resolve cases without conviction and upon payment of prosecution costs and observance of -5810- certain conditions. For example, we allow the Hearing Officers to suspend prosecution • and continue for dismissal petty misdemeanor traffic tickets upon payment of prosecution costs and a condition of no moving violations. We also allow continuance of tickets such as Driving After Suspension if this is first offense, upon the same conditions. She speaks to the lack of enhancement if the City of were to allow administrative citations in cases such as furnishing alcohol to a minor but this is not contemplated by the Resolution. The City of does not intend to use the administrative citation for any serious crime. She raises a concern about lack of due process of law which is the Constitutional right to have a hearing, with rights to defend oneself, prior to any loss of liberty or property. However, the City of ordinance would provide that if a citizen wished to contest the administrative citation, he would then receive a citation requiring a court appearance and he could then exercise all his rights therein. She mentions some aspect of coercion as citizens may pay the administrative citation rather than risk prosecution but The City of will not issue administrative citations unless there is a clear legal and factual basis therefore and it is an advantage to citizens to face an administrative citation rather than being referred to court in all cases. The right of the citizen to decline to pay the administrative citation and to challenge the offense in court is always available. There is always some inherent coercive aspect to any charge as a citizen weighs the costs of trial versus payment but I do not see that your ordinance enhances this. • She mentions some incentive for cities to issue administrative citations because it enhances revenue but so does issuance of traffic citations or other charges requiring court appearances as, even under the latter, the cities receive the bulk of the fine revenue Further, as to this point, not all traffic offenses are addressed by state law. Cities have traditionally prohibited unreasonable acceleration, "exhibition" driving, "cruising" drag racing and driving across corner lots which state law does not either Per. mit nor prohibit. State law also specifically P ermits political subdivisions to re gu late .�.. some speed laws, eg Minnesota Statutes Section 169.14 sub Sc allows cities to regulate speeds in alleyways and sub Se allows park authorities to regulate speed on park roads. Many Minnesota municipalities have enacted administrative citation ordinances, none of which, to be best of my knowledge, have been challenged. I think cities recognize that they need to address relatively minor violations without use of increasingly scarce court resources and these ordinances do so ". More recently, the overall opinion of administrative citations has changed and most legislators believe a new state law allowing their use for minor traffic offenses is imminent. Until that time, no one is taking an official position on the matter. It should be mentioned that the Attorney General and State Auditor's opinion are not binding. -5811- . Conclusion I spoke with Winona Police _Chief Frank Pomerey -about their use of Administrative Citations: The City. of Winona received a letter from State Auditor, Patricia Anderson, in March of 2005 threatening an Audit as a result of their use of administrative citations. Chief Pomerey has also testified at many legislative committee hearings on the use of administrative citations. He said, "The letter we received was the same letter sent to many other agencies using administrative citations. The letter was a scare tactic and no action has ever been taken by the state for the use of administrative citations. We have been using administrative citations for four years and we will continue their use. We use them for minor traffic violations and last year our accidents dropped from 1,300 to 800. We have a 99% compliance rate and the citizens love the program. Times are tough around here and our program provides for reasonable consequences. As far as the creation of a new state law, it's just a matter of time, last session a bill allowing administrative citations for minor traffic violations was attached to a transportation bill that failed. If it hadn't been attached to that Bill it most probably would have passed. " The Administrative Citation Program being presented by the City of Mound and the Mound Police Department: 1. Is modeled after administered programs being operated in the Cities of Rogers and Corcoran in Hennepin County. 2. Gives local elected officials control over consequences for minor nuisance and traffic violations. 3. Provides due process for people who wish to contest a violation. 4. Would not be used for alcohol or drug violations. 5. The fine schedule is reasonable and is based on '/2 of a Hennepin County traffic violation. Other violation fines were calculated using a survey from other nearby communities. 6. Allows officers to proactively keep the city safe without having to inflict undo hardships. Thank you for your consideration. • -5812- Ordinance Number • AN ORDINANCE PROVIDING FOR ADMNISTRATIVE OFFENSES AND PROVIDIN PENALTIES FOR VIOLATION OF THE ADMINISTRTAIVE OFFENSES The Mound City Council ordains as follows: Section 1. Administrative Offenses The Mound City Council has determined to enforce certain offense within the City of Mound as Administrative Offenses. Those offenses to be enforced as Administrative Offenses shall be determined by resolution of the City Council as recommended by the Chief of Police. Section 2. Violation/Penalty Any person violating one of the Administrative Offenses within the City of Mound shall be subject to the scheduled administrative penalty. The City Council shall determine the administrative penalties and both the Administrative offenses and the penalty amount may be amended, from time to time, by resolution of the City Council. Section 3. Enforcement Any member of the police department or any other person employed by the city with authority to enforce City Code my issue administrative violations under this Ordinance. Notice shall be given to the violator setting forth the nature of the offense, the date, time of the violation, the name of the official issuing the citation and the amount of the scheduled penalty. Section 4. Payment Once notice of an administrative violation is given, the person responsible for the violation shall, within seven (7) calendar days of issuance of notice, pay the stated violation penalty to the City of Mound. Section 5. Failure to pay If a violator fails to pay the penalty imposed by this Ordinance, or if the violator wishes to contest the citation, then the matter shall be processed as a code or criminal offense through the Hennepin County District Court System. r Section 6. Disposition of Penalties All penalties collected shall be paid over to the City of Mound and deposited in • the general fund. -5813- 10 10 RESOLUTION NO. A RESOLUTION ADOPTING PENALTIES FOR ADMINISTRTIVE OFFENSES WITHIN THE CITY OF MOUND WHEREAS, the Mound City Council adopted Ordinance No. on , 2007 establishing Section of the Mound City Code entitled, "Administrative Offense ", and WHEREAS, Section provides that penalties be imposed for violations of scheduled administrative offenses according to a schedule established, and amended from time to time, by Resolution of the City Council; and WHEREAS, it is the desire of the Mound City Council to amend said administrative offensive penalty schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound that the administrative offense penalty schedule is amended as follows: Offense Description Code /Statute Section Penalty Traffic/Vehicle Speed 169.14 $72.00 Exhibition driving 700.60 $62.50 Failure to wear seatbelt 169.686 $40.00 Fail to obey traffic control device 169.06 $62.50 Expired registration 169.79 $47.50 Unsafe equipment 169.47 $57.50 Loud exhaust 169.69 $57.50 No possession of DL 171.08 .$57.50_ ..-Failure to change address - 171.11 = $57`=50;=" Parking violation 700.30 $20.00 Winter Parking restriction 700.45 $20.00 No Parkin - Truck/loading zone 700.35 Snowmobile violations Operation 705.20 $72.50 Equipment 705.15 $60.00 Hours of operation 705.20(f) $60.00 Animals Dog at large 455.01 $50.00 Animal license required 455.05s.1 $50.00 Leashing/feces clean up 456.26 $50.00 Barking dog 455.10 $50.00 Public Nuisance General 1000.01 $60.00 -5814- 1 Peace and safety violations 1000.15A $60.00 Discharge of fireworks 905.25 $60.00 Recreation Fire No permit 390.25 $60.00 Violation of requirements 390.25 $60.00 Negligent burning 390.30 No open burning 390.27 Noise Loud noise prohibited 920.15 $60.00 Park violations Hours of operation 615.01 $60.00 Operating a motor vehicle 615.10 $75.00 Sign violations Violation of general provisions 365.15 $75.00 Curfew/Loitering Curfew 910.10 $40.00 Loitering 900.05 $40.00 Indecent conduct in school 900.15 $50.00 Possession of tobacco 609.685s.3 $40.00 Overweight Vehicles 1000 -1999 over 169.824s.1, 169.827 $70.00 2000 - 2999 over 64 6& $110.00 3000 - 3999 over " " $220.00 4000 - 4999 over " " $310.00 5000 - 5999 over " " $410.00 6000 -6999 " " $510.00 Watering Restrictions Watering restrictions 610.50s.15 $50.00 -5815- • • • • "�� �� 470 U.S. Bank Plaza 200 South Sixth Street Minn lis MN 55402 Apo .. dk i"it44's (612) 337 -9300 telephone (612) 337 -9310 fax v 1 http: / /www.kennedxgraven.com CHARTERED MEMORANDUM TO: Kandis M. Hanson, City Manager FROM: John Dean DATE: October 29, 2007 RE: Proposal Regarding Administrative Citations for Traffic Offenses. Chief Kurtz is preparing a proposed ordinance which would create classes of administrative offenses and provide penalties for the violation of those offenses. • Although, I fully agree with the Chief that the proposal could be of significant benefit to Mound, I must inform you that the process outlined in the ordinance, if adopted and followed, might pose risks to the city. The purpose of this memo is to describe the problem with administrative citations for traffic offenses, and to outline the possible risks. I want to stress that this memo addresses a concern only to the extent that the proposed ordinance attempts to cover offenses which are also violations of Minnesota Statutes, - Chapter 169, the Minnesota Highway Traffic.RegulatioA Act...... - The authority of cities to enact administrative citation ordinances covering offenses that also constitute violations of the Act has been the subject of significant reviews over the past several years: October 2, 2003 The State Auditor sent Representative Steve Smith a letter dated October 2, 2003 in response to his request for her comments regarding the use of administrative penalties by local government units. The State Auditor found no authority that allowed local government units to impose administrative penalties for traffic violations. • December 1, 2003 322836v2 JBD MU220 -I -5816- On December 1, 2003, the Attorney General sent a letter to State Representative Steve Smith that was in response to several questions posed by Representative Smith that arose from • his review of the State Auditor's letter. A copy of the letter is attached as Exhibit A. It should be noted that this letter was not an official Attorney General opinion, but only comments due to the hypothetical questions posed by Representative Smith. In the letter, the Attorney General stated that cities may not establish programs "or procedures that are incompatible with state statutes or address areas of the law that have been preempted by State law either expressly or by implication. He stated that it was clear that the State had preempted the field with respect to traffic offenses due to Minnesota Statute Section 169.022, which states that "no local authority shall enact or enforce any rule or regulation in conflict with the provisions of this chapter." Minn. Stat. § 169.022 (2005). As for administrative penalties for other offenses, the Attorney General stated that although cities are empowered to regulate conduct in areas of local interest and to supplement statutory regulations in many areas, they may not redefine the nature or level of criminal offenses as specified by statute or modify statutory procedures for enforcement or penalties for an offense. December, 2004 In December of 2004, the State Auditor issued a Statement of Position relating to administrative penalties. The State Auditor concluded that the cities' administrative penalty traffic tickets violated State law. She also stated that "[u]ntil Minnesota law is changed, [the State Auditor] will continue to follow the Minnesota Attorney General's opinion." It was also stated that cities and counties that had implemented the administrative penalty tickets for State traffic offenses should notify and work with the Minnesota Department of Finance to determine • what amounts are owed to the State for fines collected. The December 2004 Statement of Position was subsequently followed in March 2007 by a Statement of Position from the newly elected State Auditor. A copy is attached as Exhibit B. Legislative Activity The Legislature considered two bills in March of 2005 that attempted to resolve the conflicting interpretations of existing law. HF 2004 /SF 1042, a bill that would have allowed cities to impose administrative penalties-for low - level moving violations, did not become law. It -- did advance after lengthy testimony in the Senate Transportation Committee, but was not heard at the next stop —in the Crime Prevention and Public Safety Committee. The bill contained the following enabling language: "A municipality, by ordinance, may enforce minor traffic offenses through an administrative system separate and distinct from the court system. Administrative penalties may not exceed the maximum penalty established by law for a petty misdemeanor offense. An administrative penalty may not be imposed unless the offender is given the opportunity for a hearing held before a hearing officer appointed by the municipality and independent of the law enforcement agency." SF 1713, a bill that would prohibit cities from imposing administrative fines for traffic was voted down in the Senate Transportation Committee on a vote of 6 -8. It would have added a provision to Minnesota Statutes Section169.022, the uniform traffic code, stating, " ... [N]otwithstanding any contrary charter provision, no statutory or home rule charter city, county, or town may impose administrative penalties to enforce provisions of this chapter." No related bills were heard in the House of Representatives. 322836v2 JBD MU220 -1 2 -5817- • No additional legislation has been presented at subsequent sessions of the Legislature. April 5, 2007 _ The Minnesota Supreme Court decided the "photo -cop" case of State v. Kuhlman and -determined that the Minneapolis ordinance was invalid because it was not authorized by law, and conflicted with the Act. Although the facts are clearly different, the important concept here is that the city has now been directed to return fines collected from individuals who have challenged the ordinance; and there is a further potential that the city could be directed to return the fines collected from all persons who were convicted of violating the city ordinance. Observation On the basis of the materials described above, and also outlined in the materials provided by Chief Kurtz, one can easily conclude that the proposal is a good one for the city in terms of realizing revenues from traffic enforcement activities carried out by Mound officers. It may also result in slightly reduced fines imposed on violators, and will not result in reporting the violations to the state (and to insurance companies). It likely will result in less paperwork, and less officer time spent out of jurisdiction to deal with the court system. My concern is that the program is subject to challenge on the basis of the points raised by the State Auditor and the Attorney General. Although their positions are not controlling, the fact remains that they have each given the issue a thoughtful review; and their conclusions are • consistent with statutory and case law. Neither the State Auditor, nor the Attorney General have shown an inclination to take the matter further that merely to issue positions, and to suggest that any revenues collected by redistributed. (On February 24, 2005, State Auditor Anderson did send a letter to DPS Commissioner Campion outlining certain actions that could be taken against cities that established administrative citation programs. A copy of that letter is attached as Exhibit C. To date, none of those actions have been taken.) I am also not aware that any of the district courts have undertaken any attempt to deal with the situation. However, as more communities consider adopting ordinances; of this sort, there will-be an increased likelihood -that -+one or more- .of-those. . sources may seek remedial action. Such action could include an attempt to require the city to redistribute fine revenues previously collected under the ordinance to the court system. 32n36v2 JBD MU220 -1 3 -5818- EXHIBIT A December 1, 300x: The Honorable Steve Smith State Representative Minnesota House of Representatives 2710 Clare Lane Mound, MN 55364 Dcar Representative Smith: Thank you for your correspondence of October 30, 2003 concerning the legality of certain municipal programs which impose administrative penalties upon persons violating state laws and local ordinances. FACTS AND BACKGRovND You provided with your letter examples of city ordinances and explanatory materials from both home -rule and statutory cities describing "administrative offense" procedures established by those cities. Most of the procedures are similar in several respects: I. They are intended to provide an "informal, cost - effective and expeditious alternatives" to traditional prosecutions for certain minor offenses. 2. The covered offenses include violations of the state traffic code (Minn. Stat. Ch. 169) and conforming local ordinances, other statutory offenses such as illegal fireworks (Minn. Stat. Ch. 524), disturbing the peace (Minn. Stat. § 609.72) and shoplitiing (Minn. Stat. § 609.52), and conduct regulated solely by local ordinances such as curfew violations, failure to mow lawns and alcohol consumption in public parks. 3.- They purport to be " voluntary" in that persons charged can elect to be prosdcuted _.. under the normal misdemeanor or petty misdemeanor process instead. 4. They include a schedule of monetary penalties for specified offenses. The penalties are often lower than those normally imposed by counts for similar offenses. 5. All money collected as administrative penalties is retained by the city. 322836v2 JBD MU220 -1 -5819- , �I 61 • The Honorable Steve Smith December 1, 2003 Page 2 6. None apparently provide for reporting any information to other governmental agencies concerning persons "convicted" of, or admitting, violations. 7. Failure to pay the city's administrative penalty results in the city's pursuing a normal misdemeanor or petty misdemeanor prosecution in the courts. Some of the programs provide alleged offenders a means to challenge the imposition of administrative penalties by way of a hearing conducted by a local official or appointed panel. Others provide that a challenge to the civil penalty will result in the filing of the pertinent misdemeanor or petty misdemeanor charge in court. You also enclosed information concerning a diversion program employed by one city whereby local peace officers have the option of "holding" citations for certain traffic offenses to give violators an opportunity to complete an eight hour traffic safety course for which the violator must pay S75. If the violator completes the course within 21 days, the citation is "torn UP.„ Cities have cited the need for increased revenues, along with frustration over the time and resources required for court prosecutions, and the results achieved thereby, as reasons for creating their own enforcement programs. You note that the State Auditor has recently expressed her views questioning the authority of cities to adopt such procedures. • Based upon this information, you ask the following questions. • Is it permissible for a local governmental unit to issue, for an act that would be the equivalent of a misdemeanor, gross misdemeanor, or felony under state law, an administrative citation that provides a penalty substantially below that which would be imposed for a violation of the comparable statute? 2. Does state law preempt county or statutory or home rule charter city ordinances or policies that allow local law enforcement to assess administrative sanctions in lieu of, in addition to, or as an alternative to a citation for a state traffic law violation? 3. Do local administrative procedures and sanctions conflict with state laws intended to punish repeat traffic violators such as Minn. Stat. § 169.89, subd. 1, and § 171.18 (2002)? 4, Does state law preempt county ordinancea, statutory city ordinances, or home -rule city ordinances that allow traffic offenders to attend a driver safety diversion program in lieu of being charged with a petty misdemeanor traffic citation? Are such ordinances or policies in conflict with state law? 322836v2 JBD MU220 -1 -5820- The Honorable Steve Smith December 1, 2003 Page 3 5. Do local administrative hearing procedures deny alleged ordinance violators any of their constitutionally protected due process or equal protection rights? 6. Do local administrative hearing procedures violate the principle of separation of powers between the executive branch and the judicial branch by infringing on the district court's original jurisdiction? Our analysis of these issues is set forth below. LAW AND ANALYSIS As a preliminary matter, this Office does not render opinions on hypothetical questions, conduct general reviews of local enactments or proposals to identify possible legal issues or evaluate the constitutionality of legislative enactments. See Op. Atty. Gen. 629a, May 9, 1975. Consequently, we are unable to render definitive opinions that fully address the complete range of issues implicit in your questions. We can, however, offer the following comments which we hope will be helpful to the committee in its deliberations. First, as you probably know, cities, as subdivisions of the state, have only those powers _ that are expressly granted by statute or charter, or are reasonable and necessary to implementation of such express powers. See, e.g., County Joe, Inc. v. City of Eagan, 560 N.W.2d 681 (Minn. 1997). Second, in the exercise of their general express or implied powers, cities may not establish programs or procedures that are incompatible with state statutes or address areas of the law that have been prempted by state law either expressly or by implication. See, e.g., I.aCrescent Np v City of LaCrescent, 515 N.W.2d 608 (Minn. Ct. app. 1994); Northwmct Residence v City of Brookt m Park, 352 N.W.2d 764 (Minn. Ct. App. 1984). This principle applies notwithstanding the broad powers of self-government generally exercised under home - rule charters. As noted by the Court in Swe ex rel. Town of Lowell v. City of Crookston, 202 Minn. 526, 91 N.W.2d 81 (1958): The power conferred upon cities to frame and adopt home rule chatters is limited - -- by the provisions that such charter-shall always be in harmony - with and subject to- the constitution and laws of the state. Id. at 528, 91 N.W.2d at 83. In general, (a) direct conflict occurs when "the ordinance and the statute contain express or implied terms that are irreconcilable;" (b) more specifically, an ordinance conflicts with state law if it 'Vermits what the statute forbids," (c) similarly, there is conflict if the ordinance "forbids what the statute expressly pamits;" and (d) "no conflict exists where the ordinance, though different, is merely additional and complementary to or in aid and furtherance of the 322836v2 JBD MW20 -1 -5821- • • • The Honorable Steve Smith • December 1, 2003 Page 4 statute." Mangold Midwest Co. v. Village of Richfield, 274 Minn. 347, 352, 143 N.W.2d 813, 816 -17 (1966) (citations omitted). In evaluating whether an area of law has been preempted by the legislature, the courts will consider: (1) the subject matter regulated; (2) whether the-subject matter is so fully covered by state law that it has become solely a matter of state concern; (3) whether any partial legislation on the subject matter evinces an intent to treat the subject matter as being solely a state concern; and (4) whether the nature of the subject matter is such that local regulation will have an adverse effect on the general state population. See Mangold Midwest at 358, 243 N.W.2d 813, 820. Third, both statutory and charter cities have substantial authority to enact regulatory ordinances, see, e.g., Minn. Stat. § 412.221 (2002), and to fix penalties for violations. See, e.g., Minn. Stat. § 412.231 (2002), which provides: The council shall have the power to declare that the violation of any ordinance shall be a penal offense and to prescribe penalties therefore. No such penalty shall exceed a fine of 5700 or imprisonment in a city or county jail for a period of 90 days, or both, but in either case the costs of prosecution may be added. Fourth, the legislature has, however, prescribed in detail the procedures for prosecution of penal offenses. For example, Minn. Stat. § 487.25, subd. 1 (2002) states: • Subdivision 1. General. Except as otherwise provided in sections 487.01 to 87 but subject to the provisions of section 480.059 [Supreme Court authorized to promulgate rules governing criminal procedure], pleading, practice, procedure, and forms in actions or proceedings charging violation of a criminal law or a municipal ordinance, charter provision, or rule are governed by the rules of criminal procedure. (Emphasis added). Subdivision 10 of that section allocates the authority and responsibility for prosecution of various offeases. In general, city ordinance violations, petty misdemeanors, and misdemeanors occurring within a city must be prosecuted by city attorneys, while felonies and most gross misdemeanors must:: be prosecuted by county attorneys. Minn. Scat. § 4$7.25, subd. 10 (2002). With the above principles in mind, we turn your specific questions. 1. Given the extent and detail of legislation addressing statutory criminal offenses and prosecution procedures set forth in Minn. Stat. chs. 169 and 609 through 634, it is clear that the state has preempted the field with respect to the offenses and procedures defined in those statutes. Consequently, while cities are empowered to regulate conduct in areas of local interest and to supplement statutory regulations in many areas, cf., Hannan v. City of Minneapolis, 623 N.W.2d 281 (Minn. Ct. App. 2001), they may not, in our view, redefine the nature or level 322836v2 JBD MU220 -1 -5822- The Honorable Steve Smith December 1; 2003 • Page 5 of criminal offenses as specified by statute or modify statutory procedures for enforcement or penalties for an offense. Further, as you know, city councils arc not normally authorized to direct the conduct of county or state law enforcement officers. It is not consistent with state public policy for a public official to direct or urge that city peace officers not enforce the law of the state to the best of their judgment and ability. In addition, while law enforcement officials and prosecutors exercise substantial discretion in making arrest and charging decisions, those decisions should be made on a case -by -case basis in terms of factors pertaining to the evidence, the culpability of the offender and the nature of the offense rather than, for example, the offender's willingness to make a payment directly to the city. 2. In the specific case of traffic offenses, the legislature has plainly preempted the field of enforcement. Minn.. Star. § 169.022 (2002) provides. The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any rule or regulation in conflict with the provisions of this chapter unless expressly authorized herein. Local authorities may adopt traffic regulations which are not in conflict with the provisions of this _ chapter; provided, that when any local ordinance regulating traffic covers the same subject for which a penalty is provided for in this chapter, then the penalty provided for violation of said local ordinance shall be identical with the penalty • provided for in this chapter for the same offense. In State v. Hoben, 256 Minn. 436, 98 N.W.2d 813 (1959), the court affirmed the preemptive nature of state statutes in this area follows: The fact that the municipality is given authority to adopt such an ordinance does not change the nature and quality of the offense. As we interpret § 169.03, it was the intention of the legislature that the application of its provisions should be uniform throughout the state both as to penalties and procedures, and requires a municipality to utilize state criminal procedure in the prosecution of the act covered by § 169.03. It would be a strange anomaly for the legislature to define a crime, specify punishment therefore, provide that its application shall be uniform throughout the state, and then permit a municipality to prosecute that crime as a civil offense. Id. at 444, 98 N.W.2d at 819. See also Minn. Stat. §§ 169.91 and 169.99 (2002) which specify the procedures to be followed by peace officers in connection with arrest of traffic violators, and the uniform form of traffic ticket, having the effect of a summons and complaint, which must be used by all peace officers. Consequently, while cities are granted specific authority to exercise certain regulatory control of streets and toads within their boundaries, they are plainly precluded from creating their own enforcement systems inconsistent with those prescribed by statute. 01 322836v2 JBD MU220 -1 -5823- • The Honorable Steve Smith December 1, 2003 Page 6 3. Given our response to the second question, it is unnecessary to address whether local administrative enforcement systems conflict with state laws in the particular matter of providing for keeping records of traffic violations. It is likely, however, that the need for uniform and consistent implementation of such programs is one reason for the strong legislative assertion of state preemption in the area of traffic regulation. 4. A number of Minnesota statutes and criminal procedure rules make a provision for pre - trial, or prescatcncing, "diversion" programs. See, e.g. Minn. Stat §§ 38824, 401.065 _(2002), 628.69, 30.03, Minn. R. Crim. Proc, Rule 27.05. In particular, in the case of a traffic violation, Minn. Stat. § 169.89, subd. 5 authorizes atrial court to require, as part of or in lieu of other penalties, that convicted persons attend a driver improvement clinic. All such programs, however, require that a trial court make the determination as to whether attendance at such a clinic is appropriate. We are aware of no express authority for local officials to create a pretrial diversion program. 5. For the reasons set forth in Op. Atty. Gen. 629x, May 9, 1975, the Attorney Gencral's Office does not generally address the constitutionality of statutes or governmentally established procedures. Thus, we are unable to determine the constitutional validity of various administrative "hearing procedures" that might be established by cities. 1 note, however, based on the materials you submitted, the majority of the local is administrative penalty provisions do not appear to provide for any administrative hearing process at all. Rather, they state that parsons who contest their liability or refuse to pay the assessed penalty or complete the required training will be charged through the normal judicial channels. It appears that all the programs to which you refer are entirely voluntary in that the accused may withdraw from the process at any time prior to payment of the city penalty. Given the elective nature of these processes, it is likely that the due process rights of the accused are not jeopardized. 0 6. Likewise, a completely voluntary process would not appear to offend the separation of powers principles embodied in the constitution or to encroach upon the judicial function. In Holmberg v. Holmberg, 588 N.W.2d 720 (Minn. 1999), the court indicated that evaluation of administrative hearing schemes-under the separation of powers doctrine involves - consideration oC inter alia- existence of adequate judicial chocks, appealability and voluntariness of entry into the administrative process. Id at 725. Furthermore, as the court pointed out in concluding that the role of the administrative board was not judicial in nature in Meath V. Harmful Substance Compensation Board, 550 N. W.2d 275 (1996): The claimant makes no election of remedies by bringing a claim to the board; the only purpose of the board's investigation or heating is to provide the claimant the opportunity to prove eligibility for an award. The board's decision is 32n36v2 JBD MU220 -1 -58A- The Honorable Steve Smith December 1, 2003 Page 7 not only unenforceable but, in fact, decides nothing except whether to make the claimant an offer of compensation. If the board makes no offer or if the claimant considers the offer inadequate, the claimant bas the option of turning his or her back on the board's treatment of the claim. The claimant, unencumbered by the board's response, which is inadmissible in a civil action, can then commence a civil action against the person or persons alleged to be responsible for the claimant's injury. Id So long as a citizen is not legally bound by the city's action until he or she accepts the city's "offer"' by payment of the specified penalty, the procedures described would not likely be found to impermissibility encroach upon judicial functions. I hope these comments are helpful to you and to the Committee. Very truly yours, KENNETH E. RASCHKE, JR. Assistant Attorney General (651) 297 -1141 (Voice) (651) 297-1235 (Fax) AG: #%5%0--1 322836v2 JBD MU220 -1 -5805- • 101 01 • • R: REBECCA OTTO STATE AUDITOR EXHIBIT B . STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR Surm 500 525 PARK STREET SAINT PAUL, MN 55103 -2139 Statement of Position Administrative Penalties for Traffic Offenses (651) 296 -2551 (Voice) (651)296.4755 (Fax) sIM, audhor2___`gn n• (E -mail) 1 -IDD -627 -3529 (Relay Somcc) Minnesota law regulates tntiTic enforcement in Minn. Stat. ch. 169. Some Minnesota cities and counties have attempted to implement their own administrative system of traffic enforcement. We believe that local administrative civil penalty traffic tickets are not in compliance with Minnesota law. In December 2003, the Minnesota Attorney General addressed the issue of cities using "administrative fines" for state traffic offenses. The Minnesota Attorney General quoted Minn. Stat. § 169.022: The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no -local authority shall enact or enforce any rule or regulation in conflict with the provisions of this chapter unless expressly authorized herein. Local authorities may adopt traffic regulations which are not in conflict with the provisions of this chapter; provided, that when any local ordinance regulating traffic covers the same subject for which a penalty is provided for in this chapter, then the penalty provided for violation of said local ordinance shall be identical with the penalty provided for in this chapter for the same offense. Cities have only the authority expressly given to them in statute or in a city charter, or nocessarily implied by the express authority given to them. Mangold Midwest Co. v. Village of Richfield, 143 N.W. 2d 813, 819 -20 (Minn. 1966). Counties are subordinate agencies of the State. It is a function of counties to implement State policy. They do not exist exclusively for the benefit of their citizens. Kasch v. Clearwater County, 289 N.W.2d 148, 151 (Minn. 1980). A state law may fully occupy a particular field so that there is no room for local regulation. Id. Moreover, a local regulation may not conflict with state law. Id The Minnesota Attorney General concluded that, by enacting Minn. Star. ch. 169, the State has pre- empted the field with respect to these traffic offenses. Consequently, neither cities nor counties are authorized to change the nature of penalties for traffic offenses specified by chapter 169. The adoption of administrative civil penalty tickets for State traffic offenses is a violation of state law. The administrative ticket process allows violators of state traffic laws to pay a lower fine than state law prescribes, and allows the city or county to retain all of the revenue without forwarding any portion to the State. In addition, state traffic violations Reviewed- March 2007 Revised: March 2007 2007. 1002 322836v2 JBD MU2M0 -1 B -1 -5826- handled through the administrative ticket process are kept off the State's driving records, • leaving the violations unknown to insurance companies, law enforcement officers in other agencies, and the Minnesota Department of Public Safety. Further, Minn. Stat. § 169.99 prescribes a uniform ticket to be used for "violations of this chapter and ordinances in conformity thereto." The administrative tickets we have seen used by cities and counties do not comply with this statute. Therefore, the use of administrative tickets for Minn. Stat. ch. l69 traffic offenses violates the express requirements of Minn. Stat. § 169.99. Until Minnesota law is changed, we will continue to follow the Minnesota Attorney General's opinion. We view the use of local administrative penalty traffic tickets as a legal compliance issue. Reviewed: March 2007 Revised: March 2007 322836v2 !BD MU220 -1 B -2 -5827- 2007 -1002 • • • 10 February 24, 2005 EXHIBIT C STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR SUM 500 (651) 296 -2551 (voice) 525 PARK S1RIXT (631) 296.4755 (Fax) SAINT PAUL, MN 55103 -2139 -M m�n �c (E -mail) 1.800 - 617.3329 (Relay Service) Commissmner Michael W. Campion Department of Public Safety 1000 NCL Tower 445 Minnesota Street St. Paul, Minnesota 55101 Dear Commissioricr Campion: In the past, we have discussed concerns about the issuance of administrative tra& tickets by cities and counties. —Any fines unposed under these tickets remain with the local unit of government, and any violations resulting from these tickets are not reflected on a driver's record 'Chis letter will provide you with an update on this issue. As you know, state law tsrablishes a statewide traffic code and statewide traffic enforcement procedures. Both the Minnesota Attorney General's Office and my Office have taken the position dud local administrative traffic tickets do not comply with State law. t Legislation proposed last session would have allowed citics and counties to issue their own traffic tickets and adopt their own speeding penalties. The bill was tabled in a House Committee, and never received a hewing in the Senate. During the House haring, a repmsantative from your Department explained that federal funding related to ommercial driving privileges could be in jeopardy if local taffic tickets were implemented, because a driver's record would no longer accurately reflect the person's driving conduct. Similarly, concerns %%vrc raised that drivers who were inimical to public safety would not be identified, and insurance companies would not be able to obtain an accurate picture of a person's driving record, because driving offe+m handled locally would not be reported to the State. During the hearing, the POST Board also raised concerns about the loss in state funding caused by administrative tickets. Legislation that world allow cities and counties to issue their own traffic tickets and adopt their own speeding penalties has again been artmduced this session.; 1 Our position, and the Minnesota Attorney General's opinion, are available on our website at: http:llwW w.auditor.stat=tLusldcfault.mpx ?page— prs03admin[ees. = See H.F. No. 2243 and S.F. No. 1951 (2003 -2004 session). See H.F. No- 592 and S.F. No. 1042 (2005 -2006 session). 322936v2 JBD MU220 -1 C -1 -5828- Commissioner Michael W. Campion February 24, 2005 Page 2 The member of local units of government using these tickets is growing. We inehxkd the use of administrative penalties for umflic ofiensens as one of the legal compliance issues auditors should review during govermental audits. During our 2003 audits, we found Hutt two counties had implemented time tickets. During our• recent review of 2003 city audits, we found that city auditors commented on the use of time tickets in about ten cities. However, the Lcaguc of Minnesota Cities (LMC) recently claimed drat about 60 cities have implemented administrative traffic ticket procedures. I am deeply concerned that the IA4C has changed its position on this issue. During the 2004 legislative session, the LMC suggested that cities hold off adopting these programs until the Legislature had a chance to address this topic. However, during the 2005 session, the LMC appears to be taking the position that the state: needs to enact legislation prohibiting cities firm using administraLive fines for minor traffic oftses -- and if such kgislation is enacted, the State should share fine revenues with cities, according to the LMC. The LMC's cxurent position ignores that the State has plainly pro- cmptod cities in the area of traffic enforcement, and eneotrages cities to adopt administrative traffic ticket procedures. Putting the legal questions aside, there are substantial public policy problems inherent in the use of administrative traffic penalties. In fact, administrative fines appear to distort sane of the fimdamen�l pfinciples of law enforcement As the Minnesota Anomey General has stated, law enforcement decisions should be based on culpability and evidence, not on "the offender's willingness to make a payment directly to the city." Administrative fines also place local law enforcement personnel in the awkward position of being ordered to ignore their duties to enforce the state law. In addition, the non - unifaorm nature of administrative traffic, fines removes a degree of accountability and could potentially leave the traffic ticketing process opal to abuse. Because of the Department of Public Safety's interest in this iss%� we are reporting to you this lack of compliance with State law. Auditors can continue to write up cities and counties for this conduct For example, in audits we conducted, we recommended that the practice be discontinued and that the Minnesota Department of Finance be contacted to deterimau the amount owed to the State for the fines illegally collected, However, -some cities and counties seem willing to ignore their auditors' comments, as well as the opinion of the Minnesota Attorney General. In addition to opposing the proposed legislation that would allow local units of govemment to issue their own traffic tickets and to adapt their own speeding penalties, it may be time to consider options such as the following to address the growing conoctm these unauthorized actions present 322836v2 JBD MUM-1 C -2 -5829- • 401 401 • Commissioner Michael W. Campion Fcbruaty 24, 2005 Page 3 • Amend the law so local tents of goverment using administrative tra& tickets forfeit then fate, penalty and fee splits fiom other prosecutions of statutes or ordinances; • Deny public safety grants to local units of government using local trait tickets•, • Seek mandamus or declaratory judgment actions to cornpel complianoe with a sling law; or • Deny highway state -aid to local units of government using administrative traffic tickets. We hope that efforts will be made to resolve this growing legal non - compliance issue. Simerely, Patricia Anderson State Auditor CC. The Honorable Don Betnold, Judiciary Committee Chair The Honorable Richard C..ohcn, Financc_ Corandtee. Chair • The Honorable Leo Foley, Crime Prevention and Public Safety Committcc; Chair The Honorable Linda Higgins, State and Local Government Operations Chair The Honorable Sheila Kiscaden, State Government Budget Division Chair The Honorable Jim Knobtach, Ways and Means Committee Chair The Honorable Phil Krink* Taxes Carnmittcc Chair The Honorable Mark Olson, Local Government Committcc Chair The Honorable Larry Pogcmillcr, Taxes Committee Chair Tbc Honorable Jane Ranum, Public Safety Budget Division Chair The Honorable Marty Seifert, Stale Goverment Finance Committee Chair The Honorable Steve Smith, Public Safety Policy and Futanoc Ccmtmittec Chair Ms_ Pcggy Ingigan, Commissioner of Finance • 4 Sea, cg.. Minn. Star. j 487.33, subtl 5. 322836v2 JBD MU220 -1 C -3 -5830- Memo • To: Bonnie Ritter From: Craig Mertz 10/03/07 Here are my comments on the administrative citation materials which you sent to me via E -Mail on 10/01/07 I am told that there is going to be a meeting about this matter at 4:30 pm on 10/10/07 at City Hall, and I have told the Chief that I will be there. 1. Fail to obey traffic control device: 169.30 should be 169.06 2. Parking violation: 700.30, s.2: delete reference to "s.2" 3. Consider adding: Truck and Loading Zone 700.35 4. Consider adding: Winter Parking 700.45 5. No recreation fire permit: 235.27 should be 390.25 6. Violate recreation fire requirements: 235.25 should be 390.25 7. Consider adding Negligent Burning 390.30 8. Consider adding No Open-Burning 390.27 9. Curfew: 910 should be 900.10 10. Possession of Tobacco: 609.685 s.3 is underage sale of tobacco — so consider re- • labeling this item as Underage tobacco sale. S:Wetback \6678 \COR\2007\Memo Admin Citations.doc - 5831 lei • 1 2 3 4 Le—a5LA-Z C9 t ��✓12So-� C� �-ic s DRAFT SD -25. Administrative Fines (AF) Issue. Cities have implemented administrative enforcement programs for violations of local regulatory ordinances, such as building codes, zoning codes, health codes, and public nuisance ordinances. This use of administrative proceedings has kept enforcement at the local level and 5 reduced pressure on over - burdened district court systems. G 7 The Legislature has repeatedly increased the fine surcharge on district court cases to generate 8 9 10 11 • 12 I* revenues for the state's general fund. The surcharge —the amount paid over and above the fin- is now $72 per citation. The growth in the surcharge has dramatically increased the cost of citations and has caused some to question whether the total of the fine and surcharge is disproportionate for minor matters. To lower the-amount imposed on its residents, a number of cities have expanded their administrative programs to include some offenses traditionally heard 13 in district court, such as minor traffic offenses. 14 15 The increased state surcharges have not been used to assist local units of government with the 16 growing costs of enforcement and prosecution. No matter which entity --- -city, county or state- 17 issues a statutory citation, the violator pays between $115 and $127 for a minor speeding 18 violation. Of this amount, the city receives between $13 and $20, and the county receives just 19 slightly more. 20 21 Further, when a violator requests relief from paying the full amount of the fine and surcharge, the 22 courts have been more inclined to waive the fine than to reduce the surcharge. When this occurs, 23 the local units of government recover no costs even though the city has incurred expenses. 38 -5832- DRAFT I 2 Response: The League supports the use of city administrative fines for local regulatory 3 ordinances, such as building codes, zoning codes, health codes, and public nuisance 4 ordinances. The League supports the use of city administrative fines, at a minimum, for 5 regulatory matters that are not duplicative of misdemeanor or higher level state traffic and 6 criminal offenses. Further, the League endorses the concept that administrative penalty 7 hearings should be held before disinterested third parties, which may include city councils, 8 to ensure fairness in the proceedings. 0 10 If state leaders enact legislation that prohibits cities from using administrative fines for I 1 minor traffic offenses, they should also change the distribution of statutory violation fine 12 revenues so that cities are adequately compensated for enforcement and prosecution costs. 13 Finally, the state should require that if a court reduces the amount paid by a violator, any 14 reduction should be made from the surcharge and not the fine. 15 16 See also SD -3, City Costs for Enforcing State and Local Laws. 17 18 SD -26. Homeland Security Costs and Liability (LH) 19 20 21 22 23 Issue: The federal government's response to terrorism has resulted in new responsibilities for local governments in a number of areas. For example, shortly after the terrorist attacks on September 11, 2001, the federal government tapped local law enforcement personnel to provide security and perform screening at our nation's airports. These new responsibilities increase cities' liability exposure and result in higher local costs for public safety services. In addition, 39 -5833- 61 7 01 TT EM g , Petition to Mound City Council Title: Highland End Park - Sledding and Snowmobile Access Petition: In the interest of providing a safe sledding environment (the primary winter use of this park) for neighborhood children, the undersigned residents request that the City Council not provide snowmobile access through Highland End Park. Name Address IDAVr0 J, Ul, 'SO ►,J 3146 N1614LAND SwD Signature/Date IIIZ'O1ZcT)7 n K, -oe-6- v-\ t 1 ZO Ji �"&A P# 7 e U -/kf 1 Petition to Mound City Council Title: Highland End Park - Sledding and Snowmobile Access Petition: In the interest of providing a safe sledding environment (the primary winter use of this park) for neighborhood children, the undersigned residents request that the City Council not provide snowmobile access through Highland End Park. Name S Address N Sianature/Date 0 F.154 �Fjyffl . .G 3 /it 5 AL.el � Ye 31 �'1�WN�PbC�1 112 r —L 7 A -11, II,� -7 -Or Petition to Mound City Council Title: Highland End Park - Sledding and Snowmobile Access Petition: In the interest of providing a safe sledding environment (the primary winter use of this park) for neighborhood children, the undersigned residents request that the City Council not provide snowmobile access through Highland End Park. Name Address Signature/Date Rwanzt , ) � I 0, r 0, PIN 'I OF, . ma�� Id--) Petition to Mound City Council Title: Highland End Park - Sledding and Snowmobile Access Petition: In the interest of providing a safe sledding environment (the primary winter use of this park) for neighborhood children, the undersigned residents request that the City Council not provide snowmobile access through Highland End Park. Name Address u ld qqtj6tv,5V-5 Q,4' /K c 7J Al �r7 �S Cr✓�tiJ °�7/,)�U. 07 Mound City Council Meeting 27 November 2007 Highland End Snowmobile Access Dave and Cathy Olson 3146 Highland Blvd Background • Motorized vehicles prohibited in park for over 20 years — posted restriction • Snowmobile path marked in Highland End Park on 12/15/06 by snowmobile dub — no advance notification • Mound Ordinance 26 -2006, subsection 705.2, Changed 12/24/06: Allowed snowmobile traffic less than 10 mph within 100 ft of pedestrian, skating rink, sliding (essentially allows snowmobiles in parks). • Attended Jan 07 City Council Mtg and Feb 07 POSDC meeting to raise issues with path placement in Highland End and to discuss change to Ordinance. • Contrary to historical precedent on changes to parks/common areas, no input was solicited from abutting or adjoining property owners on ordinance change or on placement of snowmobile paths. • Action recorded in Feb 07 POSDC meeting as follows: "Staff can put together a map and note all areas that have access and a public hearing notice can go out so residents can have input on the proposed map designating lake access points. Public hearing notification would be posted in the Laker Newspaper, and not mailed to each resident." • Results: No action taken since February meeting. 1 ■ Safety Issue /Path Marking ■ Highland End Park is primarily used for sledding by neighborhood kids. Slope to lake makes it unique for sledding. • Snowmobiles in park pose safety hazard for sledders • Path not marked in accordance with MN State Snowmobile regulation: Path marked across Cul -de -Sac without any warning, to rider that they are crossing street — cars have no warning of snowmobile path Path not marked 'Snowmobilers Permitted" as required by DNR — excludes ATVs. • Path not clear /segregated /safe: No physical restriction to keep riders within path or sledders out of path No marking on lakeside to designate start of path Visibility Restricted — Can not see pedestrians, cars or snowmobiles on either side of Cul -de -Sac from current path due to slope Steep slope does not enable snowmobiles to stop at street or climb at 10mph Mixed use should be avoided if possible Are there other alternatives? • Yes, see neighborhood maps. • There already exist at least two access points from this neighborhood to the lake that do not have mixed use issues. • These access points present the most direct access for the majority of homes in this neighborhood. • There are already more access points for this neighborhood than is found commonly around lake. ❖ It is unnecessary to use Highland End as a snowmobile access - Snowmobiles have numerous access points without mixed use. 2 ■ Recommendation ■ Place child safety above `minority desire' to use Highland End park. ■ Eliminate safety issue of mixed use by eliminating snowmobile access in Highland End ■ How? -Place overlapping snow fence at top — allow foot traffic -Post "No Snowmobiling" at top /base of park. 3 5980 5924. 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Z O O i r L O IllllAta OPW i ; y • I* • MEMORANUM TO: Mayor Hanus and City Council FROM: Jim Fackler, Park DATE: November 15, 2007 RE: Snowmobile Access — Highland End At the November 8, 2007 POSDAC meeting we discussed the snowmobile trail at Highland End. Below is the excerpt from the meeting minutes, The Motion made was voted on and ended up in a tie vote. 1. Discuss: Snowmobile Access — Highland End Fackler gave an overview of this issue. He stated snowmobile trail was done last year with Snoblazers Snowmobile group. City would like to have the trail issue resolved before this winter. One option would be to have snowmobile traffic redirected on Highland End based on concerns over safety, noise, etc. The Snoblazers suggested the trail could be moved toward the other side or more central area of the park. The current trail line is near the Olson's house. Stakes would say snowmobile trail and it would be noted and fenced. Cathy and Dave Olson 3146 Highland Blvd. addressed the Commission. They stated the trail ran along side their property line and was marked closer to their property line than overheads show. They would like consideration of eliminating snowmobile access to Highland End. There are other access points in this neighborhood. Previously the park had been posted as no motorized vehicles. On Dec 15 of last year a snowmobile trail was posted in the park. They did not receive notice before the posting. The area has been primarily used as a sledding area for kids as it has a nice slope for sledding. Snowmobilers do pose a hazard to the sledders. There is no marking on the lake side to indicate where the trail starts or stops. He stated the mixed use should be avoided to insure safety for sledders. There are other access points In area -3 other very close access points in the Highland area along wi Depot as an access point. Olsoq passed out handouts showing accests ts. -5834- Mason asked if homes adjacent to Highland End Park can access lake by another access... Their homes are on steep, sloped lots. Cathy Olson'stated they believe there are more than enough other access points and their recommendation is to place child safety above the interests of the few. There will always be offenders, but we don't have to enable it as a city. Bobby Vandel13117 Highland Blvd addressed the Commission. He stated the basic item here is we have children sledding on that hill all winter. It would be illogical to allow snowmobiling with sledding, kids and pets. We don't have ability to have police or enforcement on the hill. He stated he likes snowmobiles but this is a case of where they shouldn't be there. He said he's gone out at 10:00 at night to tell kids to get off the hill and look out for snowmobilers. Mason asked if kids use the hill at night. Vandell stated there are lights in the park. Mike Savage, 3125 Highland Blvd addressed the Commission and stated he is charged $10.50 on dock fees every year for lights in Highland Park area. He agrees there shouldn't be snowmobiles on this hill and he's a snowmobiler. You could put up the fence but with small kids you're just waiting for an accident to happen. In the Idlewood and Longfellow area there is a lift station and some commons docks down there and with a little work that could be made into a snowmobile access. He'd prefer another access point be used. David Mangen 5475 Ridgewood Rd. addressed the Commission. His house is up on a hill, fairly steep grade down to the park. Kids use his hill to sled too. He called his attorneys his first year there to ask about his liability. He was informed that he wasn't creating an attractive nuisance. Snowboarders start at his deck and go down to lake. Olson's were patient as he was annoyed by noise of snowmobiles. He would be more annoyed if trail were closer to his house. The City might be considered to be creating an attractive nuisance. Last year he witnessed snowmobilers staying in the park doing donuts etc. His retaining wall has been hit and he has burned out the battery on his searchlight trying to get snowmobiles off his property. He would like to see some financial protection for his property. He feels he should be compensated for damage made to his property by snowmobiles. Not for damage caused by kids but by snowmobiles. 01 Darla Pederson, 6252 Bartlett Blvd addressed the Commission. In looking at the way the park slopes we did bring the park down on the side closest to Olson's because they thought it was the best area for snowmobiles to come down through the trees in an effort to keep trail away from the kids sledding area. Discussed putting up snow fence but snowmobiles will still go through as there is no way you can put a total block off down at the lake end. The best option is to have a designated trail to allow snowmobiles to go through. She thinks both snowmobiles and kids can use Highland End Park. When you have a trail • -5835- marked you are telling kids they need to look both ways when crossing the area as they do when crossing a street. • Discussion followed. Dean Pederson, 6252 Bartlett Blvd addressed the Commission. He stated in upper highland there are people who live up there that need to come down through this area. If you try forcing them to go to other areas they have to go 3 or 4 blocks extra to get around and down to the lake. Remember that kids using the park walk to get to the park and will be on these roads. That's dangerous too. The majority of people that use Highland End access are the 12 -15 people who live in the Highland area. They all realize that this is a park and know kids use the park, and so they will be careful. Best thing to do is keep the trail marked to keep the safety issues. Julie Bauer 3135 Highland Blvd addressed the Commission. She stated she has a unique opportunity to view this on a day to day basis from her sunroom as snowmobiles use the fire lane. She stated she can't understand the downside of using the park just to sled in. Her husband and son are snowmobilers and she appreciates the opportunity to use the lake to snowmobile. The difference of inconveniencing a couple of snomobilers and a couple of homeowners vs a child's life - It should be an easy decision Dale Haug, 5515 Three Points Blvd addressed the Commission. He stated he • appreciates the well rounded discussion. He is the current President of the Snoblazers Snowmobile club and snowmobilers want to work with city and homeowners. Last year where trail was marked may not have been the best. He recommends to change the marking of the trail and monitor the situation this year. A compromise of moving the trail seems to be reasonable. The snowmobile club's responsibility is to educate the youth in safe and responsible practices. They are working with the high school in regards to snowmobile education and safety. Discussion followed. Mason asked if we can post no snowmobiles at Highland End. Fackler stated the only place he's seen marked as such is the school property— Shirley Hills. We are limited in how we can block off access and cannot place any hazard in their way to limit access. The trail would give snowmobilers a route to use. Mason asked if a snow fence were to be placed at the top would it have to be placed on private property. Fackler said we don't go onto private property. It would have to stay on city property and we can run a fence down both sides. Fackler stated he and his staff would do whatever the POSDAC and City Council wanted done. Cathy Olson stated if you block it off the park then you have to block the trail it • off at the lake and you can't do that because of the sledders. -5836- Fackler said we don't have areas specifically marked for sledding anymore. Specht asked if light is on in summer — Fackler said the light is on in the boating season May -Sept. Couldn't put light closer to lake because of LMCD rules so that's why • it was placed where it is. City was aware of. sledding use at park at the time the lights were installed.:_:- Discussion followed. Meisel asked why are we moving the trail out of the tree line — Fackler said the main intent was to get if further away from the Olson's home. Meisel stated that kids tend to stay away from trees when they're sledding,. She prefers the trail to go by the tree line. In regards to safety the tree line is a better place for the trail. How visible is the fence at night? Olson said it is lighted. Mason asked are we talking about a single fence or a double – Fackler stated he is short on manpower and had a single fence in proposal. He would look to get additional help from the club. Don't know if hay bales are feasible. His intent is that the bottom would be more open in case a slider comes down there. Monica. Savage, 3125 Highland Blvd addressed the Commission and stated she has a 4 year old grandson she takes sledding and asked the City not to ruin a nice sliding hill. Specht stated where the trial currently is it doesn't take space away from the • I sledding hill. Mr. Pederson stated he's for keeping the trail in trees which is out of the sledding area. Cathy Olson stated we don't have one snowmobiler from the highlands in this room supporting this access point. So I don't know what we're trying to protect. MOTION by Meisel to leave the trail where it has been along the tree line. SECOND by Specht. Specht and Meisel voted yes, Heywood and Mason voted no. Item will go the City Council at their November 27, 2007 meeting. *I -5837- . L` • U Hennepin County Oblique Aerials Page 1 of 1 1NIovyKe, c-,J Y-ox. -�fo j ra', 'CIZ �-A http:// gis. co. hennepin.mn.us/HCPropertyMapBirdseye.aspx?PID= 2311724430037 10/22/2007 .VILLAGE OF .MOUND PARK COMMISSION Description: T.117N. R24 W. ct'on: I Scale: I inch -- .SAD (,- 5839 -, S� G • i .01 • 0 r gg N,Sti http:/ /gis.co.hennepin- mn.us /outpuVHC PROPERTY "2 www84820834057801 jpg :�1 Page 1 of 1 ke-e-ss 10/22/2007 • MEMORANDUM TO: Parks, Open Space and Dock Advisory Commission FROM: Jim Fackler, Park Superintendent DATE: October 23, 2007 RE: Snowmobile Access — Highland End At the February 8, 2007 POSDAC meeting we discussed our Snowmobile ordinance, and a snowmobile trail at Highland End. Staff has-received a request from Cathy Olson at 3146 Highland Blvd to restrict snowmobiles from using the park as an access to Lake Minnetonka This access has been used historically for winter access. Last winter (2006 /2007) there was a trail marked for the first time to • address concerns relating to safety at Highland End, as it is a multiple usage area. The trail was located on the east side of the park near the shared property line of 3146 Highland Blvd and the park. The Trailblazers Snowmobile Club representative Karla Pederson has suggested changing the access to the North side of the Park. This would include installation of approximately 150' of fencing and trail markers which would separate the snowmobiles from the general public and put more distance between the trail and the property at 3146 Highland Blvd. If the Highland End access is blocked off to snowmobile traffic, the alternative route for Lake Minnetonka Access would be to traverse down paved Highland Blvd, 468' past approximately 10 households to the Twin Park access. Staff is looking for a recommendation from the POSDAC either approving the revised snowmobile trail at Highland End, or to divert snowmobile traffic to Twin Park Access. This recommendation will be on the November 27, 2007 City Council Meeting agenda. is IRI.OUE 2311724430020 GUSTAVE R KNOTT JR ETAL 5937 RIDGEWOOD RD OPUND, MN 55364 2311724430023 M & M SAVAGE 3125 HIGHLAND BLVD MOUND, MN 55364 2311724430027 T J & R R WILLIAMS 5983 RIDGEWOOD RD MOUND, MN 55364 . 2311724430030 ROBERT E LEONARD 6009 RIDGEWOOD RD MOUND, MN 55364 2311724430034 J E & K S KITTELSEN 3120 HIGHLAND BLVD MOUND, MN 55364 0311724430037 D J OLSON & C K OLSON 3146 HIGHLAND BLVD MOUND, MN 55364 2311724420095 G R PAULY & M E PAULY 5901 HAWTHORNE RD MOUND, MN 55364 2311724420108 T R REITEN & B S REITEN 5926 HAWTHORNE RD MOUND, MN 55364 2311724430004 CHRISTOPHER J /JEANNE C PROK 3083 HIGHLAND BLVD MOUND, MN 55364 0311724430009 & D HOLMAN 5954 RIDGEWOOD RD MOUND, MN 55364 2311724430021 2311724430022 B VANDELL & S NORDSTROM E & J GOEDE 3117 HIGHLAND BLVD 5943 RIDGEWOOD RD MOUND, MN 55364 MOUND, MN 55364 2311724430025 2311724430026 STEVEN LENZEN DAVID J MANGEN 5967 RIDGEWOOD RD 5975 RIDGEWOOD RD MOUND, MN 55364 MOUND, MN 55364 2311724430028 2311724430029 D B& C M TAYLOR MARK J TYLER, KAREN TYLER 5991 RIDGEWOOD RD 6001 RIDGEWOOD RD MOUND, MN 55364 MOUND, MN 55364 2311724430032 2311724430033 TIM BRANDOW ET AL M J METZGER & S H METZGER 3100 HIGHLAND BLVD 3110 HIGHLAND BLVD MOUND, MN 55364 MOUND, MN 55364 2311724430035 2311724430036 THOMAS R HUFFMAN J A FRETHAM & E S FRETHAM 3130 HIGHLAND BLVD 3138 HIGHLAND BLVD MOUND, MN 55364 MOUND, MN 55364 2311724430038 2311724430043 DONALD A FURRY ETAL D R SAHOLT 3051 LONGFELLOW LA 3111 HIGHLAND BLVD MOUND, MN 55364 MOUND, MN 55364 2311724420096 2311724420106 J MCCAUL & M L MCCAUL JANE E FOOTE 5921 IDLEWOOD RD 5958 HAWTHORNE RD MOUND, MN 55364 MOUND, MN 55364 2311724430001 2311724430003 E R FIGENSKAU &A FIGENSKAU FRANK TODD WARNER 3070 HIGHLAND BLVD 3073 HIGHLAND BLVD MOUND, MN 55364 MOUND, MN 55364 2311724430007 2311724430008 P& J INVESTMENTS LLC S EVANS& R R EVANS JR 5936 RIDGEWOOD RD 5942 RIDGEWOOD RD MOUND, MN 55364 MOUND, MN 55364 2311724420033 2311724420034 S R GRIM & D G GRIM M J MUELLER & R E MUELLER 5900 RIDGEWOOD RD 5910 RIDGEWOOD RD MOUND, MN 55364 MOUND, MN 55364 -5842- 2311724340097 CLAUDIA DE NICOLA MOUND, MN 55364 MOUND, MN 55364 3033 LONGFELLOW LA MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 -5843- MOUND, MN 55364 • 2311724420036 2311724420037 2311724420035 117244 DONALD G WOYTCKE & WIFE L ANDERSON & S A ANDERSON SUZANNE KAY MCKEEVER 5924 RIDGEWOOD RD 5915 HAWTHORNE RD 5918 RIDGEWOOD RD MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 • 2311724420038 2311724420039 2311724420043 LA VERN DEUTSCH ETAL DENNIS G & CHARLENE E POIKEN WILLIAM H GILBERTSON 5911 HAWTHORNE RD 5907 HAWTHORNE RD 5910 HAWTHORNE RD MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 2311724420048 2311724420049 2311724420050 J W RAU & C M RAU LAUREL J NEITZKE S J SMITH /J L ANDERSON -SMITH 5950 HAWTHORNE RD 5942 HAWTHORNE RD 5934 HAWTHORNE RD MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 2311724430048 2311724430049 2311724430050 R J& P E MUONIO RONALD F& JULIE A BAUER J M SAKS & J MONROE 5947 RIDGEWOOD RD 3135 HIGHLAND BLVD 5925 RIDGEWOOD RD MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 2311724430051 2311724430010 2311724430011 STEVEN A HAHN P J SALDEN ETAL JANET D KRAKE 5931 RIDGEWOOD RD 5960 RIDGEWOOD RD 5972 RIDGEWOOD RD MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 2311724430012 2311724430013 2311724430014 • J &A M EVANS RAYMOND F YULE ETAL TERRY E YOUNG 5984 RIDGEWOOD RD 5990 RIDGEWOOD RD 5949 HAWTHORNE RD MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 2311724430015 2311724430016 2311724430017 M V HENTGES & T K HICKEY JOHN MCENANEY GRACE L HOLMBERG 5941 HAWTHORNE RD 5933 HAWTHORNE RD 5919 HAWTHORNE RD MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 2311724340004 2311724340006 2311724340096 MICHAEL S MCCARVILLE G L & L M SIMONS VERNON & VIRGINIA SNODGRASS 5971 HAWTHORNE RD 3017 LONGFELLOW LA 3025 LONGFELLOW LA MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 2311724340097 CLAUDIA DE NICOLA MOUND, MN 55364 MOUND, MN 55364 3033 LONGFELLOW LA MOUND, MN 55364 MOUND, MN 55364 MOUND, MN 55364 -5843- MOUND, MN 55364 • • • James W. Fackler From: "Cathy Olson" <ckolson@mchsi.com> To: "'James W. Fackler" <JimFackler @cityofmound.com> Cc: "'David Osmek"' <David.Osmek@ingenix.com >, "'Greg Skinner" <GregSkinner @Gtyofmound.com >; <mahanus @earthlink.com >; "'John Beise "' lohnbeise@aol.com >; "'Mike Specht'" <mspecht @alliedhomenet.com >; "'Mike Mason "' < Mike.Mason @RCRA- Advantage.com >; "' Kandis Hanson'" <KandisHanson @cityofmound.com >; "'Vicki Weber" <Vic kiWeber@cityofmound.com> Sent: Saturday, November 10, 2007 7:14 AM Subject: RE: Ordinance Section 705.2 Snowmobile Use Good morning, Jim- As a follow up to Thursday's POSDC meeting, I first wanted to thank the members of the commission for their time and patience in listening to all perspectives on this topic. I appreciate the significant time investment and the willingness of the commission members to consider the input from interested residents. While I wish we had been able to come to agreement on Thursday, we appreciate the future consideration of the council members on the 27th. There are two additional pieces of information that I would be interested in accessing. The first is the minutes of the public hearing on the topic of the Ordinance change made last December. I believe Council Member Biese indicated there had been a public hearing two years earlier (2004 ?), but do not have access to this information source. Additionally, in this week's parks commission meeting, you indicated that the 'Sliding' designation for Highland End was removed approximately 4 -5 years ago. I am guessing this was the time the multi -slip commons docks were installed, thus the change being made to allow storage on -sight for docks, but would like to see the parks commission minutes or gain confirmation of the reason for changing this designation and how this decision was made. Could you provide this information? Thank you for your assistance, Cathy Olson From: James W. Fackler [ mailto :JimFadder @dtyofmound.com] Sent: Wednesday, November 07, 2007 8:37 AM To: Cathy Olson Cc: David Osmek; Greg Skinner; mahanus@earthlink.com; John Beise; Mike Specht; Mike Mason; Kandis Hanson; Vicki Weber Subject: Re: Ordinance Section 705.2 Snowmobile Use Cathy, Highland End access is listed as a discussion item and is first on the agenda. I had all the information and a agenda sent to you that will is in the packet the POSDC members will be working from. As a discussion item this topic will be open to all who would like to speak during that time. Sincerely Jim Fackler Park Superintendent -- Original Message -- From: Cathy Olson To: 'James W. Fackler' Sent: Tuesday, November 06, 2007 10:08 PM Subject: RE: Ordinance Section 705.2 Snowmobile Use HI Jim - Can you share with me the planned structure for tomorrow evening's meeting? Will attendees have an opportunity to speak on this topic? If so, should we be doing so during the general citizen talking time or during the specific agenda item on the Highland End Park? Thank you, Cathy From: James W. Fackler [ maiito :TimFaclder@ciWofmound.com1 Sent: Tuesday, November 06, 200712:31 PM To: Cathy Olson Cc: Karla Pederson; Kandis Hanson; Mark Hanus; John Beise 11/15/2007 Page 2 of 5 Subject: Re: Ordinance Section 705.2 Snowmobile Use Cathy, - • I will have your comments and suggestions forward to the POSDC prior to this Thursday meeting. Sincerely - Jim Fackler Parts Superintendent — Original Message -- From: Cathy Olson To: 'James W. Fackler' ; mahanusiMearthlink.com : 'Kandis M Hanson' Cc: 'Karla Snowmobile Club'. ; 'John Beise' ; 'Mike Specht' Sent: Monday, November 05, 2007 9:38 PM Subject: RE: Ordinance Section 705.2 Snowmobile Use Good evening, Jim- I received today your mailing with the statement for the November 8t' Parks meeting. I am concerned that your letter does not present the facts or a balanced representation of this situation. Your letter indicates that the only option other than a trail at Highland End is to divert to Twin Park Access and makes no mention of the direct fire lane access to the lake from Ridgewood (see map below). As I have stated numerous times, there are two options other than Highland End (not just one) – neither of those options have multi -use issues (sledding and snowmobiling). There is not a need to add a third (Highland End); three access points in a four block section of lake is unnecessary and exceeds any other section of lakeshore. This neighborhood already has more access than any other I can find. Note that if you measure the access pathway; it is actually closer for those on Longfellow, most of Hawthorne, and Ridgewood (from fir`ane through 5991/5990) to go to the Ridgewood access. There are only 2 houses on Highland that are closer to Highland End than to Twin Parks. It seems there are a limited number of homes on Ridgewood /Hawthorne that would gain more direct access by having a Highland End access. Your letter also states that this access has been historically used for winter access. What is not stated is that this has is been a op sted 'no motorized vehicles' park for over 20 years – the signage was lost when the Cul-de -sac was installed. As most snowmobilers do abide by the law, most of those in the neighborhood before last year used the other access points; therefore, traffic in Highland End increased last year along with the potential for sledding accidents. The letter goes on to state that it will add 468' on pavement to the Twin Lakes access; not sure how this was measured (seems about one property too long unless you include the park) or what point is being made other than to make it sound like an imposition. Note that those on streets behind Highland Blvd would need to travel on streets to get to Highland End. I again feel that we have created a time issue with inadequate time to professionally consider the situation. It appears as though this action has been precipitated solely by my October 18th e-mail although the February 8th Parks Commission meeting minutes indicated you would generate a map of all areas that have access and schedule a public hearing with announcement in the Laker – I do not believe this happened. Instead of being able to calmly consider the facts and options (there are others), we have now received information from you in a rush 3 days before a parks meeting where you are going to request a decision of the Parks Commission. We plan to attend Thursday's meeting; however, wish this was being addressed in a more interactive manner (such as working group commons docks meeting in the past). Thank you, Cathy Olson 612 - 867 -0951 Cell -5845- 11/15/2007 is • 10 I• Page 3 of 5 Hennepin County Property Map - Tax 'dear: (2006) Ih+,+ it 6wfr t W d xrs°elfx�l9a. N dd +w,bt4411.31 as Bi4aC. MA i5M*" iWKWI" OV iR Me,Wstw *"N" (+ -Rift! ifr `MiF- 'YiYK° sµc=3 uaervtvar I TPA, pcssv Vv� d 1 *# t'oa"-* twa;K we &C11Mi a^w syp;v'&w'—. f'41 ,ys=v± r.'iap ;:mreaa .semi. �i�rsa.ur ° h8 �l'crtE�st,�., w< eis;i G:p� adEa..nS �c urrc,3 Yce ^n:"�i'�:,c Iw'K� �a.asxr p�,w. ur e .r: -.z g,e�mx;Yrx .ter czrnxm a rS +:cnx 'tai 4 ter-rNr -a; �akxe¢� acrd 4� iw! m :iii *x' iii +xis . afy' 7rw€sv , ci s @:w epua w+Eitalwari tK tl.., i= rtrreraslW - 41 dl. Vp,L -$ � if WA s i wi �E L i f r •xti t tj ti d' LOLA W * an t t ft Print*d 1/11/2087 S: Selected PAiCml Data P Parmi ice: 23-117-24-43-0037 Current Rood hate; o1i 10/2007 Owww Name! 0 1 OLSON & C it OLSON Party Add rats: 31" "JOHLAND OLVD , MOUND, , MN 55364 taking this From: James W. Fackler [ mailto :JimFadder@cityofmound.com] Sent: Thursday, October 18, 200710:50 AM To: mahanus@earthlink.com; 'Kandis M Hanson'; Cathy Olson Cc: Karla Snowmobile Club; 'John Beise'; 'Mike Specht Subject: Re: Ordinance Section 705.2 Snowmobile Use In Cathy, I met with a Snowmobile Club representative and Council Member John Beise yesterday about the access at Highland, End Park. What was talked about was the options to take to the POSDC on November 8th and the City Council on November 11/15/2007 Page 4 of 5 .h along with your request to close the Park to all snowmobile traffic. Also we reviewed mapping that was worked on tier in the year to generate a City Directory reflecting take Minnetonka Access within the City of Mound limits whether it summer or winter. u stressed that timing is a issue but with a decision coming from the City Council at the November meeting leaves . equate time to place fencing that bkx*s snowmobiles or directs them on a specified route through the park. Fackler c Superintendent Original Message ---- n: Cathy Olson 'Kandis M Hanson'; mahanus(cD-earthlink.com 'James W. Fackler; 'Mike Specht' ; 'John Beise' t: Saturday, October 13, 2007 6:22 AM iiect: RE: Ordinance Section 705.2 Snowmobile Use day all- forward the enclosed string of a -mails as a reminder of the timing of discussions we had on this topic last winter. My usband and I attended the January 23rd City Council meeting and subsequently the February 8m Parks commission was my understanding that Jim would betaking action to address the situation of this park with the neighborhood )fore this coming season. I have not been contacted, seen any action, nor been notified of any discussions /meetings, c. If action has been taken, please let me know what has been done. rst winter, when the path was marked much to our surprise right before it snowed, we were told there wasn't time to insult the neighbors because winter was coming. There was; however, time to meet with the snowmobile clubs and low them to determine place nent of the paths. It is now October and I would appreciate not facing the same answer in month. We have now had 9 months to facilitate communication this topic. remain steadfast in my opinion that the council needs to take definitive action to eliminate the safety issue posed by • ncouraging and allowing mixed use (sledding and snowmobiling) in this park. There are two other access points for nowmobiles within 2 blocks of this park and neither have a mixed use issue. As far as I have been able to ascertain, its is the only park that is primarily and ideally a sledding hill. though I have expressed my concerns in numerous ways, the lasting image in my memory is from the last day on Lich we had measurable snow. It was a Thursday evening as I returned home from work. I looked across to the park to e two snowmobiles cutting right in between 3 children sledding down the hill. The snowmobiles were headed across park to link up with the path to go up the hill; I believe didn't see the sleds due to limited visibility, but were obviously the park to link up with the pathway. The implementation of a preferred pathway in this park has created the increased tential for this situation and is being enabled by the city. I don't want a serious accident to be the impetuous for action. is a simple answer — use the two access points that exist and eliminate the mixed usage in the park. The snowmobiles > not need 3 access points in a 4 block section of the lake. You have the ability to put a snow fence across the top of is park and still enable foot/sled traffic. Please don't tell me the answer is to come to another Parks meeting... hank you, athy Olson 146 Highland Blvd lound. MN 2- 867 -0951 Cell m: Cathy Olson [mailto:ckolson @mdis1.com1 t: Saturday, February 03, 2007 8:17 PM 'Kandis M Hanson' 'James W. Fackler; 'Mike Specht; 'John Beise' jest: RE: Ordinance Section 705.2 Snowmobile Use nk you, Kandis. I am assuming the next Parks, Open Space and Docks commission meeting is this coming • rsday, February 8th. Jim or Kandis, could you confirm this date (the February calendar wasn't on the website yet, but iming is the second Thursday)? 11/15/2007 -5847- • 10 • Page 5 of 5 lease note that both my husband and I will be returning from business trips late that afternoon – coming from different )asts, but each arriving about 5; so, will make every-attempt to make it to the meeting. lank you, athy m: Kandis M Hanson [ mailto :KandisHanson @cityofmound.comI t: Saturday, February 03, 2007 1:01 PM Cathy Olson James W. Fackler; Mike Specht; John Beise ►iect: Re: Ordinance Section 705.2 Snowmobile Use have your letter and will see to it that it becomes part of the next Parks, Open Space and Docks Commission agenda. its Hanson Manager nal Message — ithy Olson inus earthlink.com isHanson @cityofmound.com ; mspecht(a)mchsi com turday, February 03, 200712:07 PM Ordinance Section 705.2 Snowmobile Use Hanus- is a letter as requested from the January 2314 council meeting. We will also send a paper copy. Your prompt to this matter is appreciated. Please feel free to forward to those necessary. 1 Cathy Olson 1611,111, 11/15/2007 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Loss Control Services Administration: -L.Mc c/o Berkley Risk Administrators Company, LLC 222 South 9s' Street, Suite 1300, Minneapolis, Minnesota 55402 -3332 League of Minnesota Cities Phone: (612) 766 -3172 Fax: (612) 766 -3199 Cities }promoting excellence Web Site: www.lnmc.org December 8, 2003 Gino Busnario, Finance Director City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mr. Busnario: A routine loss control survey was recently conducted concerning a certain premise for the city. This was in conjunction with -the City's participation in the League of Minnesota Cities Insurance Trust (LMCIT) property, liability and workers' compensation program. The purpose of my visit was to assist the city in the reduction of potential loss through loss control and risk management activities. These recommendations are based on a visit to the Hillside Park on December 4, 2003. 01 -12/03 Sledding hill and snowmobile trail: During my survey it was noted that the city has a snowmobile trail and a sledding hill at Cooks Bay without separation. Therefore, we recommend the city separate the two activities by defining the snowmobile trail with orange construction fence. If city ordinances dictate other actions, the city should eliminate the activity that causes the greatest risk to the city. The city should consult with Loss Control Attorney, Ellen Longfellow, 651 - 281 -1269 and the city's attorney when incorporating such changes. The long -term benefits and successes that can be enjoyed by a cooperative, self - insurance organization depend upon serious and careful consideration of loss control recommendations. In that context, we ask that you keep us informed of the steps you take to address these loss control recommendations. Therefore, please respond within 60 days of your receipt of this letter regarding the status of how you intend to respond to these loss. control recommendations. I appreciate the time and courtesy extended to me at the time of my loss control visit. If I can be of any assistance before my next visit, please do not hesitate to contact me. AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER -5849- is • Page 2 Sincerely, Lori A. Severson, M.S. Loss Control Consultant Berkley Risk Administrators Company, LLC cc: James Fackler, Parks Director Arthur J Gallagher & Co.Noungdahl 7825 Washington Ave S. Suite 300 Minneapolis, MN 55439 1 %9` �lQ' Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were • noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. "112 James E. Kurtz. Chief of Police Mound Police Department 2415 Wilshire Boulevard Mound, MN 5536.4 THOMAS E. CASEY Attorney at Law 28.54. Cambridge Lane. 04nd.,,1V,14 55KA (952) 472.1999 (952)-02-4771 (fax) tcasey@visLcom RE: Illegal Snowmobiling — Highland Park and adjacent alley Dear Chief Kurtz, On behalf of the Bauer family, I offer the follwAdrig remarks in reply to your February 15, 2006 letter: 1. Pursuant to the Mlrm, es- to Government Data Practices Act (Minn. `Stat. 13.:01 et seq.), lease mail a copy of the city attorne 's o inon ou referenced in your letter. 2. You stated in your first paragraph, "... snowmobile issues near Highland Park." In fact, the snowmobiles issues include their illegal use in Highland Park. 3. You stated, "our records indicate that .over the past ten years, there has never been a reported property damage or personal injury incident involv=ing a snowmobile at this location." Regarding. propwty damage, snowmobiles, have been damag ng the alley area for years. Frankly, the Bauers are surprised that city personnel and others have not brought this matter to your attention. Regarding personal injury, I assume the Police Department is, or will be, taking the prudent approach of preventing accident injuries h ore they happen. 4. You stated, The Mound Parks Department is aware of your client's concerns; they are monitoring the erosion of the access road, communicating with the Park's [sic] Commission, and consulting with our city attorney. I have forwarded your letter to them." Thank you for forwarding my letter. To clarify communication, please advise me if you intend to follow up of this issue and, if not, which city official I should contact. Also, do you know of the Park Department's progress in this regard? 5. You stated, "... our officers will make every effort to investigate and follow -up on the complaints." On behalf of the Bauers, I thank you for this assurance. -5851- 401 • L tl � + City of Mound Police 1artment March 2, 2006 • TEC /tc . cc: Ron and, Julie Bauer Kand'is Hanson, City Manager Jim Fackler, Parks Director'` file lie 3 -5852- JAMES E. KURTZ Chief of Police February 15, 2006 Mr. Thomas V. Casey 2415 Wilshire Blvd. Telephone (952) 472 -0621 Mound, MN 55364 Dispatch (763) 525 -6210 Fax (952) 472 -0656 EMERGENCY 911 Attorney at Law 2854 Cambridge Lane Mound, MN 55364 i Dear Mr. Casey, This letter is a followt -up to the letter I receive `from' you on �puary 11, 2006 and February 7, 2006 regarding snowmofiiTe issues nearItgl�lanParTc. I met with Mound Parks Superintendent %Jrmdackler and City Manager Kandis Hanson about your letter and the Batter's con N�as iasiaware that your clients had already met with city staff about the rsW`6- s�ding the access road and snowmobiling activity near their house Further, I" s unaware that our. city attorney had issued an opinion about the use motor vehicles on -the access road when I agreed to meet with you and your clients. A: I result, I an4 de�li�t��� meet wtth #d your clients. Your letter suggests your clients believe one okhe solutions Ao the alleged snowmobile violations is to close the _access road.-Under; the, circumstances,. I don't believe your client's concerns warrail life ,and" safety " "rid closure ntervetton ;Our records indicate that over the past ten years, there has never been a reporte�zl property damage or personal injury accident involvirt`; a'odble-or nearthislo±�i : r The Mound Parks Depattment }ts a; erosion of the access r 9 co ' with our city attorney. I hacro� they are monitoring the o*ssion, and consulting With respect to the allegations of noise and nuisance violations, I encourage your clients to call 911 to report any immediate violations and our officers will make every effort to investigate and follow -up on the complaints. I will tell you in advance that snowmobile violations are difficult to investigate due to the location of the violations and the limited ability of our patrol cars. -5853- *I • 10 I• • Thomas E. Casey letter February 15, 2006 p•2 I recognize that snowmobiles can generate noise and nuisance violations. But, I think it's fair for me to point out that Mound is a lake community who values outdoor recreation and that annually, we receive relatively few snowmobile complaints. Further, the access road was at the location long before the Bauer's purchased their home and I personally am not aware of anyone else (past or present) who has voiced similar concerns. This situation closely resembles a concern I spoke with a man about last week. This man purchased a house on a golf course and is upset that golfers keep hitting golf balls into his yard. Sinc ely, es . Kurtz Chief of Police Cc: City Manager Kandis Hanson Parks Superintendent Jim Fackler -5854- MOUND CITY COUNCIL MINUTES JANUARY 11, 2005 The City Council of the City of- Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 11, 2005, at 7 p :30 .m. in the council chambers of city hall. - • Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, Community Development Director Sarah Smith, Finance Director Gino Businaro, Parks Director Jim Fackler, Alison Highberter, Kristin Beise, Ory Burma, Fred and Janet Specht, Andy Specht, Jenny Specht, Mark Hanus, Janice Beise, Ed Fahistrom, Richard and Connie Meyer, Stephanie Specht, Marci and David Kaplan, John Evans, Steve Johnson. 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 even the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel called the meeting to order at 7:30 p.m. 11. Action Approving Proposed Changes to 2005 Dock Map — MOTION by Brown, seconded by Osmek to approve the 2005 dock map as presented. All --voted in favor. Motion carried. • 2. Information /Miscellaneous A. Report: Finance Department – November 2004 Mohawk Jaycees charitable gambling contribution B. Newsletter: Gillespie Center Minnehaha Creek Watershed District Metropolitan Council C. Minutes: Planning Commission – December 20, 2004. 13. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 10:30 p.m. All voted in favor. Motion carried. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk • -5855 - t _ /'NAACO /')Af 4.O/ I) Its • .,...,,.roc Ana r:....� . /T...,,...,R,o %7/17 4 of /� c i�M^7 • lie lie To: DCAC From: Katie Hoff tom' .. Re. 2005 Dock Map Changes 5341 MAYWOOD ROAD MOUND, MN 55364 -1667 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com Below you will find a chart that lists the Dock Location Map changes for the 2005 season. Please remember that all site numbers have been changed to correspond to the newly completed shoreline survey. All site numbers and their corresponding new site numbers are listed on the 2005 Dock Location File that is als"ttached. 2004 Site Land Commons New Site Quad Quad #Abutt/Non Type Name Type # Name # Misc Information n/a a D Cana 3819 TP 1 New abutting site 00685A &B n oodland Rd 2 Slips 05278 A &B TP 1 Cha from D to A- to be consistent with definition 1685A -D n Bluebird North 4 Slip! 06210 A -D TP 1 Chan from D to A- ro be consistent with definiton 1952A -D n Dove Lane 4 Slips 06624 A -D TP 1 Chan born D to A- to be consistent with definition 02150A -D n Eagle Lane 4 Slips 06821 A -D TP 1 Chan from D to A- to be consistent with definiton 2605 a ebble Bch 07643 TP 1 Cha a from D to A- to be consistent with definition 02635 n Pebble Bch 07673 TP 1 han from D to A. to be consistent with definition 02665 n Pebble Bch 07703 TP 1 C from D to A- to be consistent with definition 02695 a Pebble Bch 07733 TP 1 Chan from D to A- to be consistent with definition 02720 1 n Pebble Bch D7763 TP 1 Change from D to A- ro be consistent with definition 02750 n Pebble Bch 7793 TP 1 Charm from D to A- to be consistent with defintton 04070 n ID Beachside N 12290 TP 1 Remove 1 of 2 sites at non - renewal due to rivate setbacks 04110 n Beachside N 12330 TP 1 Remove 1 of 2 eites at non- renewal due to rivate setbacks 20050 a Peabod 00190 TW 2 Change from D to C- to be consistent with definition n/a a D Waterside 03691 TW 2 New abutti ng site for 2128 Centemiew Lane 20790 n D Waterside TW 1 2 Removal due to Private property setbacks n/a a D North Park 05496 TW 1 2 INew abutting site for an abutti ng lot subdivision 31510 D Kenmore 07386 NIP 1 4 lChange from nonabutfing to abutting site for 4621 Kildare Lane 33447 a C Stratford Lane n/a - - ransferred to private Mpft 33487 a C Stratford Lane n/a - - ransferred to private PmPertY 33525 a C Stratford Lane n/a Transferred to PrIvals pmPartl 055OA -K n alon Prk 11 Sli s 0397OA -K EIP 5 Chan from D to B -to be consistent with definition 3080 a von 07882 EIP 5 Chan from C to B - to be consistent with definiton. 3450 a [Devon 08273 EIP 5 Cha a from C to B - to be consis�rt with definition 3520 a von EIP 5 Change from C tD 8 - to be wnsistard with definition �"' 5856r— , "P" CITY OF MOUND ORDINANCE NO. 26 -2006 AN ORDINANCE AMENDING SECTION 705 OF THE MOUND CITY CODE AS IT RELATES TO SNOWMOBILE REGULATIONS The City of Mound does ordain: Subsection 705.20 is hereby amended to read as follows: 705.20 Operations Generally. It shall be unlawful for any person to drive or operate any snowmobile in the following ways: (a) No snowmobile shall be driven within 100 feet of any fisherman, pedestrian, skating rink, or sliding area in excess of 10 miles per hour. OF 1R any other aFea wheFe the Party- (b) No snowmobile shall be driven in any area if the operation would conflict with or endanger other persons or property, 4b4(c) No snowmobile shall be operated in any cemetery. *I (GYd) No snowmobile shall be operated on private property -of another without permission of the owner or lawful occupant of said property. • fe)-No snowmobile shall be operated in a manner so as to create a loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of other persons. �f _No snowmobile shall be operated between the hours of 2:00440 a.m. and 6:007:00 a.m. of each day on the City streets, highways, roadways, and public lands that do not abut public waters. Passed by the City Council this 12th day of December, 2006. Mayor Pat Meisel Attest: City Clerk Bonnie Ritter Published in The Laker on the 23�d day of December, 2006. • Effective on the 24th day of December, 2006. -5857- Mound City Council Minutes — December 12, 2006 • D -Action authorizing transfer of City -owned property to Mound HRA, followed by transfer to Ray Mar Properties Inc in accordance with HRA/Ray Mar Properties, Inc. land agreement MOTION by Beise, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -137: RESOLUTION AUTHORIZNG THE TRANSFER OF CITY -OWNED PROPERTY TO THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY FOR CONVEYANCE TO RAY MAR PROPERTIES, INC. IN ACCORDANCE WITH THE LAND AGREEMENT E Action on public lands permit and variance for temporary area signage MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -138: RESOLUTION APPROVING A PUBLIC LANDS PERMIT AND TEMPORARY SIGN PLAN FOR TRANSIT DISTRICT MOTION by Osmek, seconded by Specht to recess to the HRA meeting at 9:07 p.m. All voted in favor. Motion carried. 11. Reconvene Mound Housing and Redevelopment Authority meeting 12. Adjourn Mound HRA Meeting 13. Reconvene City Council meeting The Council meeting was reconvened at 9:17 p.m. 13A. Consideration and possible action on settlement with Buffalo Bituminous on 2005 Street Reconstruction Project John Dean stated that the City Council held a special meeting at 7:10 p.m. at which time they went into executive session to receive reports from the Public Works Director and legal counsel concerning a proposed settlement. At this session the Council provided direction to legal counsel. r'mtl Parks Division A Action on ordinance amending Section 700 of the Mound City Code as it relates to traffic and motor vehicles Parks Superintendent Jim Fackler explained the proposed changes that would provide marked access for snowmobiles through commons and /or parks. The second proposed ordinance, amending Section 705, addresses speed within 100 feet of fishermen, pedestrians, skating rinks, or sliding areas, and also has a provision prohibiting any snowmobile from Mound City Council Minutes — December 12, 2006 being driven in any area if the operation would conflict with or endanger other persons or property, and address hours of operation. Karla Pederson, 6252 Bartlett Blvd., as a member of the Westonka Snowblazer Snowmobile Club stated appreciation to the city for recognizing the need for access to the lake through the parks system. The club promotes safe snowmobiling, and by providing a designated lake access it keeps them from going where they are not wanted and provides a safe access. Numerous citizens present showed support of this ordinance by a show of hands. No one present objected to the proposed ordinances. Beise stated that the Parks and Docks Commission unanimously recommended approval of these ordinances. Osmek stated for the record that the Council received a letter from Thomas Casey requesting that this item be removed from the agenda. MOTION by Brown, seconded by Specht to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 25 -2006: AN ORDINANCE AMENDING SECTION 700 OF THE MOUND CITY CODE AS IT RELATES TO TRAFFIC AND MOTOR VEHICLES — TRAFFIC REGULATIONS MOTION by Beise, seconded by Osmek to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 26 -2006: AN ORDINANCE AMENDING SECTION 705 OF THE MOUND CITY CODE AS IT RELATES TO SNOWMOBILE REGULATIONS B. Action lifting moratorium on Dock Share for 2007, with conditions as stated Jim Fackler presented the boat and share counts for the last six years, stating that the share moratorium has worked to achieve an acceptable buffer to allow for flexibility for current program users. It is recommended that the share moratorium be lifted but that the total number of share not exceed 50. MOTION by Brown, seconded by Osmek to lift the moratorium on shared docks, but that the total number of share cannot exceed 50. All voted in favor. Motion carried. D -5859- I7 • • I• ■ 10 PARK AND OPEN SPACE ADVISORY COMNIISSION MINUTES February 12, 2004 Derrick Hen Commissioners Ron- Motyka, Norman Present: Vice Char De �, Domholt, John Beise, Council Representative Bob Brown, k Superintendent Jim Fackler, and Secretary Denice Widme it Susan Taylor arrived shortly after the meeting began Citizens Present: Sherrie Jones 6038 Chestnut Rd an a _ David- Manzer 59-7 -& Ridgewood- D'ave .� _Cathy Olson 314�g -bleu vd Ron Bauer 3135 Hi la 'd ... 'dat Monica Wunder 5935 S et (Ca i e) Joe Schlechter 5058S o e r (Candidate) Mike Mason 3125 `High lvd (Candidate) Mike Furnstahl enbi Rd (Candidate)` Mike Savage 125 ghland Blvd. Gus Neys 7 dgewood Rd David Vang 'dgewood "Rd Council Present for Intervie • D 'd ek, Mark Hanus, Peter Meyer Vice Chair Derrick Henh'c&W the meeting to order at 7:35pm. , 1. A . roval er 13 2003 Minutes Motion_ prove the November 13, 2003 Minutes. Second by .1 . Browifto cried. 2. en an None 3. e' rom citizens present. None 4. view . (Procedural discussion preceded the interview questions. It was agr hat each POSAC member and each City Counct Representative nt would ask one question each, and it would be the same question for each candidate.) The candidates were interviewed in following order: Joe Schlechter, Sherrie Jones, Monica Winkler, Mike Mason and Mike Furnstahl. Hentz: "How do you feel you would be able to make an impression as a commissioner ?" Schlechter: Mound's my town and I am interested in being a participant rather than just reading about it. Jones: My experience and background in the City. Winkler: Interested because she has a 4 yr old son. Knows the parks very well. Mason: Experience working on various commissions and dealing with the public on the Boy Scouts, Vice President Lake Minnetonka Association. Furnstahl: Able to make decisions without emotions. 1 - 5860 - 1 7. Discuss: Snowmobile Access at Highland End Applicant: Ronald Bauer 3135 Highland Blvd • There was considerable discussion regarding why this 'issue has bft brought back since POSAC had already made a motion on it. Fackler ave f pdate on the insurance issue regarding the sliding hill... Th a m t �.� tated that restricting snowobile traffic through the par no elp his situation. During discussion it was pointed out that P AC jurisdietion-over a- city -owned e3'R'a3' and therefore of eke a decision on this- issue. . .......... . Taylor suggested putting a subcommittee f th wlu would include members of the local snowmobile club to s s g up snowmobile trails in the City of Mound. Beise requested that thi$ b p aced on the March Agenda. Brown stated that he wo the ue up to the City Council. Motion by Brown to extend t t 10:30. Second by Beise. Carried. 5. Election of Officers for 2 Motion by Brown to ve ylor Chair and Hentz as Vice Chair. Second by Motyka. Discus n ed. Motion carried b. Review: Rork Iles No discussion. re of FYI. 8. Review: SnowmolfSf pmWee, Mound Blues Fest, Revenue Options, Philbrook Park a 9. Revi` o ental Use iscussed at the March meeting. 10. land Park Improvements PON f wants Fackler to go ahead with the playground equipment cement. Widmer will check to see if Council approved $35,000 from the Park Dedication Fund. 11. iscuss: 2004 Goals (Should have :been 2003 Goals) Taylor presented a handout. Discussion followed. 12. Discuss: 2005 Capital Outlay Request Added to March Agenda 13. Review: March Agenda Calendar Snowmobile Sub - Committee Mound Blues Fest Revenue Options 2005 Capital Outlay Request Philbrook Park Issues 14. FYI b. Skate Park Update: Fackler gave a brief update. Dedication scheduled for June. Motion to adjourn b Hentz. Second b Beise. Motion carried. Meeting adjourned • � y y at 10:30pm. 4 -5861- PARK -AND OPEN SPACE ADVISORY COMMISSION MINUTES - November 13, 2003 • Commissioners Susan Taylor, Ron Motyka, Gene Hostetler, N Present. Y Domholt, Derrick.Hentz, John Beise, Council Representative Brown, Park Superintendent Jim Fackler and Secretary Denice Widmer Chair Susan Taylor called the meeting to order at 7:32pm. 1. Approval of the October 9 2003 Minutes Motion by Motyka to approve the October 9, 2003 inu econded by Domholt. Motion carried. 2. A_ gender Changes low IMIL Commissioner Beise requested the ditio 6 (a) City Code 700.70, Driving in Parks. 1. a 4. Interviews: No Taylor None 5. Discuss: He un Tax Forfeited FLUM If ry -1 r • Fackler g a 'ef a erview, stating that staff had recommended releasing this prope r joining property owners only and must be combined with exis pe otion by Brown to release Hennepin County Tax Forfeited P 19- 117 -23 -33 -0234 for sale to adjoining property owners only and co ined with existing property. Second by Beise. Motion Carried. 6. : Ci Code 705 — Snowmobile Ordinance B e gave a brief overview of the existing code as well as the proposed code. eise recommended the highlighted changes due the current code being unenforceable as written. The existing code reads: 705.20 Obera� lions Generally. It shall be unlawful for any person to drive or operate any snowmobile in the following ways: (a) No snowmobile shall be driven within 100 feet of any fisherman, pedestrian, skating rink, or sliding area or in any other area where the operation would conflict with or endanger other persons or property. (b) No snowmobile shall be operated in any cemetery. (c) No snowmobiles shall be operated on private property of another - without permission of the owner or lawful occupant of said property. • (d) No snowmobile shall be operated in a manner so as to create a loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of other persons. 1 -5862- 1 1 (e) No snowmobile shall be operated between the hours of 1:30m n and 7:OOam of each day on City streets, highways, roadways, and public lands that do not abut public waters. The proposed code reads: 705.20 QRgati ons Generally. It shall be unlawful for any pers o e or operate any snowmobile in the following ways. (a) No snowmobile shall be driven wi 0 f o y fisherman, pedestrian, skating rink, or sliding exe of 10 MPH. (b) No snowmobile shall be driven in y if the operation . would conflict with or en r persons or property. (c) No snowmobile shall be opera cemetery. Op property. (d) No snowmobiles shall rated private property of another without permission the o er or lawful occupant of said (e) No snowmobi be ted in a manner so as to create a loud, unn r ual noise which disturbs, annoys, or interfere wi the and .quiet of other persons. () No sno shat be operated between the hours of 1:30am and 7:0 eac y on City streets, highways, roadways, and p lic lan that do not abut public waters. Motion by Beise t e rdinance change. Motion by Brown to accept the ordinance c o ion. Seconded by Hostetler. Discussion followed. Brown accepted a dl am ent from Domholt to remove "where" and substitute "if" on part (b) p osed code. Brown also recommended sending the proposed changes to the Ci cil approval. 6.( ode 700.70. Driving, in Parks B e gave a brief overview of the existing code and the proposed highlighted hanges. Beise explained the addition of trails for planning for future parks which could be designated in the future on a case by case basis. The existing code reads: 700.70. Driving Parks. No person shall drive or operate a motor vehicle in any public park except on roads or designated parking areas. The proposed code reads: 700.70. Driving Parks. No person shall drive or operate a motor vehicle in any public park except on roads, trails, or designated parking areas. Motion by Beise to accept proposed changes to City Code 700.70. Second by Domholt to accept the proposed changes for discussion. Discussion followed. . Motion carried. Proposed changes will be sent to the City Council for approval. 2 -5863- *I • 6. 1. r Discuss: Snowmobile Trail Sub- Committee Beise presented pictures and a "Snowmobile Traffic in Mound Parks" handout. Discussion followed of which Paul Holden, Vice President of the Westonka Snow Blazers Snowmobile Club, was mart. Taylor recommended drafting a purpose for the committee, a process for presentation, a decision on what membership should consist of, and a time frame for when this should happen. It was decided that the committee would assess each park ai.qd on in -order to -mark trails throughout -the City of Mound: Besse tttihze the Showmobile'Club webWe* in order to get informati It lso decided that there should be S members on s mit tee. The wasa members should reside in Mound and both sides of is s ould be represented. Beise and Motyka who represent bo si of a issue, will be on the committee from the Parks Commissio Th w' eek out the 3 other members. Beise stated that the presentation.ke plaee at either the August or September meeting in order to pr t i o the Council in time for the 2004-2005 snowmobile season a ` mmission agreed.: 7. Discuss: Belmont an Fackler suggested that th consideration for the 200 Process. AL 8. Discuss: 9. Discuss: Fackler p their oi� 10. Discuss. d. Sc sues e p at these parks be taken into 5 pla Schedule as part of the 2005 Budget tions Outlay Requests ission start thinking about #8 and #9 so he has ready when budget discussions begin in June. da Calendar all, !fl esi rresenzazion 20 spit Outlay and Revenue Options ow ile Sub - Committee Report our Plan va on Park Light Update ( Will be included as an FYI) 11. Reps Skate Park Update Fackler stated that the Grand Opening has been delayed until the end of August or first part of September due to delays encountered with volunteer work schedules. There will be a soft opening in the spring for the bowl. Sod, water fountain, mister and light poles will be installed. Still on budget. Mason was asked if he had any questions or anything he wished to discuss. He spoke about the Lake .Minnetonka Clean -up that he started, stating that he would like to promote it as a land and water clean -up this year where divers cleaned. the lake, and volunteers cleaned up the_area parks on the same day. Commission very much in favor. Mason will bring this. issue back to the commission. MOTION by Domholt to adjourn. SECOND by Beise. Motion Carried. Meeting adjourned at 9:05pm. 2 -5864- PARK AND OPEN SPACE ADVISORY COMMISSION MINUTES August 14, 2003 Present:., Commissioners Derrick Houtz, Ron Motyka, Gen Hostetler and John Bobo, Parks Director Jim Fa nd Secretary Denice Widmer. Council Representative Bob a ed at 7.40pm Absent and Excused: Susan Taylor and No it Citizens_ Present: Jerry and Karen Wahl 5 _ ar Mill Lane Mike Savros Highland Blvd Gus Knott 5 7 Ridgewood Rd Matt Morris 5936.Ridgewood Rd Roger Muonio Ron Schul 5937 Ridgewood Rd , David Langen 5975 Ridgewood Rd Vice Chair Derrick Hentz ed meeting to order at 7:30. 1. Approval o y , 2003 Minutes MOTI o ka to approve the July 10, 2003 Minutes. SECOND BY Be' 'on carried. 2. en angel; None ents and suggestions from citizens present.-None Discuss: Request to Stop Snowmobile Traffic It should be noted that the applicant, Ronald Bauer, was not present for the meeting. Fackler gave a brief overview of the request by Mr. Bauer to stop snowmobile traffic along the fire lane access to the lake. Fackler also stated that notification was sent out to residents within a 350' radius. Several neighbors were present and expressed their desire to keep the access open for snowmobile traffic. The neighbors acknowledged that owmobilers needed to be responsible and safety conscious. They also stated that when ey have had problems, they simply talked to the individuals about it and that seemed to CJ� take care of it. Motyka pointed out that there seemed to be more residents in favor of keeping the access open. coj MOTION by Beise to deny the request to stop snowmobile traffic on the fire lane access to the lake. SECONDED by Brown. 1 -5865- bi hi discussion, Hentz stated there are safety concerns with children in the area, but Hentz also stated that this access has been utilized for years with only isolated problems. It was pointed out that a similar request in the Twin Park area had been denied. There was some discussion on putting up orange fencing and/or snowmobile signage was also brought up that the applicant has planted some pine trees that will provide a break, but may encroach on the fire lane once mature. Ron Schultz, 5967 o wanted it to go on record that he wanted the Park and Open Space Co to quest that the City do a survey of his property to see if people are trespass property. Beise told Schultz that the Commission could not make tha m as he had to make the request to the City himself. Hentz pointed out that do ve concern for those sliding in the area. Cj MOTION by Beise to deny the request to sn bile traffic on the fire lane access to the lake. SECONDED by Brown. it, if 5. Discuss: Request for le r Sale of Tax Forfeiture Property 13- 17 24-11 006 1 . Appli om Aune Fackler gave brief ove e o request, informing the Commission that the initial request had come fr is arks Supervisor, Greg Skinner. Brief discussion followed MOTION y wn at the request to release for sale, tax forfeiture property 13 -117- 24 -11 -00 ab property owners only, retaining the easterly 20' strip be approved and f d e City Council for review. SECONDED by Beise. Friendly amcD Motyka that all abutting property owners be notified and that once the corporated, it can no longer be subdivided. Friendly amendment accepted by r otion carried. Discuss: Request for Release for Sale of Tag Forfeiture Property 19- 117 -23 -33 -0128 - Applicant: Hennepin County Tax. Payer Services Department Fackler gave a brief overview of this request. Very brief discussion followed during which Motyka stated that he would like to add that all abutting property owners be notified and that once the property is incorporated, it can no longer be subdivided. MOTION by Brown that the request to release for sale, tax forfeiture property 19 -117 - 23 -33 -0128 to abutting property owners only, that all abutting property owners be notified, and that once the property is incorporated, it can no longer be subdivided be approved and forwarded to the City Council for review. SECONDED by Beise. Motion carried. 2 Page 1 of 2 Vicki Weber From: "James W. Fackler" <JimFackler@cityofmound.com> To: "Greg Skinner" <GregSkinner@cityofmound.com >; "David dirnew, - <David.Osmek @Ingenix.com >; "Mark Hanus" <mahanus@earthlink.net>; "Karla Pederson" <KPedersonQaryarch.com >; "Kandis Hanson" <KandisHanson @cityofmound.com >; "John Beise" <johnbeise(a�aol.com >;_ "Cathy Olson" <ckolson@mchsi.com >; "Mike Specht" <mspecht@alliedhomenet.com >; "John Dean" <jdean @kennedy- graven.com> Cc: 'Vicki Weber" <VickiWeber @cityofmound.com> Sent: Tuesday, November 20, 2007 7:44 AM Attach: Mound 12- 8- 03.doc Subject: Fw: Sledding Hill & Snowmobile Trail Issues To All, I called the Cities insurance carrier to review a letter that was received in 2003 dealing with Highland Park and its use. Below is listed the response and attached is the 2003 letter. This matter will be in front of the CC at the November 27, 2007 meeting and the complete history of related information will be in the packet. Jim Fackler ----- Original Message ----- From: markwagner�brkl eey_risk:COm To: JimFackler @cityofmound.com Sent: Monday, November 19, 2007 3:06 PM Subject: Sledding Hill & Snowmobile Trail Issues Re: City of Mound Program: League of Minnesota Cities Insurance Trust Hello Jim, This response is in regards to your question this morning about the potential safety issues created by having a snowmobile trail located nearby a non - designated city sledding hill. These two activities could create some potential safety problems if they are not separated. Snowmobiles and unsuspecting children on sledding hills do not mix. I recommend that the city take a look at these two activities and make a determination as to what activity if any they want to allow. From my discussions with you it appears that the city does not officially designate the sledding hill as such, but it has allowed this practice to take place in previous years. If this is the case, then the city is on notice that this activity is taking place, and it has a duty to protect the general public. I would recommend the city consider the following loss control actions to help minimize the exposure: Separate the two activities by installing an orange safety fence around the perimeter of the sledding hill. *I • Provide retro - reflective materials along the fencing to help illuminate-the area at night. Clearly define the snowmobile trail with the appropriate directional sigflege and any necessary warning signs • such as speed limits, etc. -5867- 11/20/2007 Page 2 of 2 Reconfigure the hill to discourage conflicting use patterns. This could be accomplished by planting trees, providing hay bails around the sledding area or other engineering methods. • I hope this helps. Lastly, I would also recommend that the City Council document the basis for their decision making in the meeting minutes. This could include budgetary, safety, political, and/or other potential reasons for their decision. This will help to establish discretionary immunity for the city's decision making process. I have attached a copy of Lori Severson's 12 -08 -03 letter which previously discussed this issue in detail. I would concur with her original assessment of the situation. Regards: Mark Wagner, CSP, ARM -P Senior Loss Control Consultant Berkley Risk Administrators Company, LLC 222 South Ninth Street, Suite 1300 Minneapolis, MN 55402 -3332 Phone: (612) 766 -3169 Fax: (612) 766 -3199 E -Mail: markwagner@berkleydsk.com Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced in this communication. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these •recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibiflty for conducting safety, loss control and risk management programs must rest with the insured. CONFIDENTIALITY NOTICE: This e -mail and the transmitted documents Contain private, privileged and confidential information belonging to the sender. The information therein is solely for the use of the addressee. if your receipt of this transmission has occurred as the result of an error, please immediately notify us so we can arrange for the return of the documents. In such circumstances, you are advised that you may not disclose, copy, distribute or take any other action in reliance on the information transmitted. C7 -5868- 11/20/2007 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • Loss Control Services AdmJnistradonr c/o Berkley Risk Administrators Company, LLC 222 South T Strut, Suite 1300, Minneapolis, Minnesota 55402.3332 Phone: (612) 766.3172 Fax: (612) 766 -3199 Web Site: www.lumc.org December 8, 2003 Gino Busnario, Finance Director City of Mound 5341 Maywood Road Mound, Mid 55364 Dear Mr. Busnario: A routine loss control survey was recently conducted concerning a certain premise for the city. This was in conjunction with the City's participation in the League of Minnesota Cities Insurance Trust (LMCIT) property, liability and workers' compensation program. The purpose of my visit was to assist the city in the reduction of potential loss through loss control and risk management activities. These recommendations are based on a visit to the Hillside Park on December 4, 2003. 01 -12/03 Sledding hill and snowmobile trail: During my survey it was noted that the city has a snowmobile trail and a sledding hill at Cooks Bay without separation. Therefore, we recommend the city separate the two activities by defining the snowmobile trail with orange construction fence. If city ordinances dictate other actions, the city should eliminate the activity that causes the greatest risk to the city. The city should consult with Loss Control Attorney, Ellen Longfellow, 651 -281 -1269 and the city's attorney when 'incorporating such changes. The long -term benefits and successes that can be enjoyed by a cooperative, self - insurance organization depend upon serious and careful consideration of loss control recommendations. In that context, we ask that you keep us informed of the steps you take to address these loss control recommendations. Therefore, please respond within 60 days of your receipt of this letter regarding the status of how you intend to respond to these loss control recommendations. I appreciate the time and. courtesy extended to me at the time of my loss control visit. If I can be of any assistance before my next visit, please do not hesitate to contact me. AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -5869- *I 01 10 I* I• Page 2 Sincerely, Lori A. Severson, M.S. Loss Control Consultant Berkley Risk Administrators Company, LLC cc: James Fackler, Parks Director Arthur J Gallagher & Co.Noungdahl 7825 Washington Ave S. Suite 300 Minneapolis, MN 55439 Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. -5870- TO: FROM: DATE: RE: • MEMORA"UN Mayor Hanus and City Council Jim Fackler, Park Superintendent November 19, 2007 Seton Bluff Homeowners Association At the November 8, 2007 POSDAC meeting the Commission discussed an issue with non- conforming docks on Seton Bluff. A variance for these docks was issued by the LMCD, and the Seton Bluff Homeowners Association has made some changes to the docks without prior approval from the LMCD. The Homeowners Association would like to amend the variance. The application for this needs to come from the City, as these docks are part of our dock program. The Seton Bluffs Homeowners Association has agreed to pay for expenses incurred in the application process. Below is the excerpt from the November 8, 2007 meeting minutes. Discuss: Seton Bluff Association Docks Fackler reviewed the Seton Bluff dock issue. The Association owns their docks but individual dock holders are individual licenses in our dock program. A variance was granted which gave the Association access to Lake Minnetonka through the LMCD. The dock system was recently inspected by the LMCD and issues of non - compliance were noted. The slip widths were approved at 10' and are currently 12.5', Slip A was approved at 24' in length and is now 32', and a platform installed on the west side of slip A was not approved in the original variance. The Association must either go back to the original conditions of the original variance or the City must apply for a variance change through the LMCD. The Association proposed changes to increase the dock widths from 10' to 121 . Slip B would stay at 24' and slips A, C, D, E, and F would increase to 32' in length, along with the platform staying. The association will incur the costs associated for the variance application. Staff has looked into the variance and is comfortable going ahead with proposed changes. This would go to LMCD in March if it passes POSDAC and Council approval. -5871- 01 01 Jeff Anderson, 4654 Kildare Ln addressed the Commission. He stated he's,the Association President and has dock site E. He would like to see proposed changes • approved and taken before the LMCD. Fackler stated the City would present the variance proposal and not the homeowners, as these docks are under the City of Mound license. I* • MOTION by Meisel to allow staff on behalf of Seton Bluff Homeowners Association to proceed with a variance application to the LMCD with associated costs being born by the Seton Bluff Homeowners Association. SECOND by Specht. Motion carried unanimously. -5872- (i\ October 24, 2007 To: Jeff Anderson, Seton Bluff Association President From: Jim Fackler, Park Superintendent 1 Re: Lake Minnetonka Conservation District Request Dear Mr. Anderson, 5341 MAYWOOD ROAD MO , MN 55364 -1687 H: (952) 472 -0600 /'IFIAX: (952) 472 -0620 WEB: www.cityofmound.com As you are aware the City of Mound received notification from the Lake Minnetonka Conservation District (LMCD) requiring your Association -owned dock come into compliance. In 1999 the LMCD granted a variance to the City of Mound allowing this dock to be added to the City's Dock Program. Attached is a drawing showing the approved LMCD dock configuration. Through an inspection by the LMCD we have been notified there are deviations from the Approved Dock Installation Plan. Listed below are the LMCD's findings: 1) Slip widths are 12.5' which exceeds the approved 10' slip widths. 2) Slip A's length is installed at 32' which exceeds the approved 24' slip length. 3) The 7'x 8' platform on the west side of slip A was not approved. 4) Dock length must be verified to be 123' from the DNR OHW mark of 929.4'. Additionally, all six watercraft must be fully contained within the approved slip length as required in the Variance Order. At this time there are two options your Homeowners Association may take: 1. Remove and reinstall the dock to meet the 1999 Approved Plan 2. Request the City of Mound to apply for an amended variance with the LMCD. If your Association would like to proceed with the second option then the following will be required: 1) A list of all requested changes from the original plan. Due October 31, 2007. 2) A survey (at Association expense) detailing the new dock installation. Due January 25, 2008 for the March 12, 2008 LMCD Meeting. 3) $1,100.00 escrow monies for incurred city costs for the Variance Application. Due November 16, 2007. Incurred city costs may exceed the initial escrow monies received from your Association. If the Association doesn't provide additional funds the City has the right to withdraw the Application to the LMCD. Your Association needs to be reminded that although your Association may want to proceed with the second option, ultimately the decision of if the City of Mound will make a request to the LMCD will be made by the City Council after the-review of the Parks, Open. Space and Docks Commission. Cc: Kandis Hansen, City Manager John Dean, City Attorney File enc. OQ printed on recycled paper -5873- • • • • October 25, 2007 Jim Fackler park Superintendent City of Mound 5341 Maywood Road Mound, MN 55364 -1687 Dear Jim- The docks have been largely unchanged since they were installed by the builder of our' homes back in 1999 to 2000. This situation has come as a surprise to us, but we will comply. Pursuant to your letter dated October 24, 2007, we would like to request that the City of Mound apply for an arneaded variance with the.LMCD. Enclosed, you will find a check for $1,100.00 that will pertain to the escrow Xnonids for the incurred costs associated with the Variance Application. In addition, below is a listing-of the requested changes from the original survey: _ • The width of each slip increased from 10 to 12.5 feet. • All slips will be increased in length from 24 to 32 feet (with the exception of slip B that was originally approved to be 32 feet long). • Add the 7' by 8' swim platform and bench that resides on the west side of the dock structure. • The survey currently indicates that the docks will extend no furkber then 123 feet from the DNR OJ4W mark of 929.4'. We would like to have the distance to be at its current dock location. As requested in your letter, we will obtain a survey detai hng the new dock installation once the city counsel has authorized you to purse the survey changes outlined above on our behalf once this authorization has beau obtained, we should set up a subsequent meeting to discuss how to best communicate these requested changes in the survey. • Sincerely, Jef_6rey H. Anderson President of the Seton Bluff Homeowners Association -5874- v ♦9 • M LAKE MIN`NETONKA CONSERVATION DISTRICT 1833$ MINNETONKA BLVD. DEEPHAVEN, MINNESOTA 55391 - TELEPHONE 952/745 -0789 FAX 952/745 -9085 -SKYE 1NELKKE .�` Gregory S. Nybeck, EXECUTIVE DIRECTOR r1oN BOARD MEMBERS September 14, 2007 Tom Skramstad, Chair Shorewood Katy Van Hercke, Vice Chair Minnetonka Tom Scanlon, Secretary Spring Park Tom Seuntjens, Treasurer Minnetonka Beach Doug Babcock Tonka Bay David Gross Deephaven Steve Johnson Mound Andrew McDermott III Orono Jeff Morris Excelsior Pete Nelson Victoria Kelsey Page Greenwood Herb Suerth Woodland Tom Tanner Wayzata Lisa Whalen Minnetrista Mr. Jim Fackler City of Mound 5341 Maywood Road Mound, MN 55364 Dear Jim: Thanks for meeting with me on -site this morning to inspect docking and boat storage at the Seton Bluff Association development. Per our discussion, docking and boat storage is part of Mound's multiple dock license with the Lake Minnetonka Conservation District (LMCD). Additionally, it was granted a variance from LMCD Code in 1999 for dock length. Enclosed is a copy of the approved Variance Order, dated 6/23/99. There are two general conditions that must be complied with. First, construction of the dock must be maintained in accordance with Attachment One. Second, no watercraft stored at this facility may have a length overall measurement that is greater than the length of the slip as detailed on Attachment one. Based on our inspection today, there were three deficiencies at the 2007 dock installation that were not consistent with Attachment One. First, the width of all six slips installed (12.5') exceeded the width of the approved six slips (10'). Second, Slip A was installed at a length of 32' rather than 24'. Third, there was a platform installed (7' x 8') on the west side of Slip A that was not approved on Attachment One. There are two other details on Attachment One that need to be f ul ther verified at the current dock installation. First, the approved dock length is 123' from the 929.4' shoreline. This was difficult to confirm today because it was unclear of the exact location of the 929.4' shoreline at this site. Two, we need to verify that all six watercraft are fully contained within the approved slip length, as required by the approved 1999 Variance Order: As the 2007 boating season draws to a close, the City of Mound needs to consider how to resolve this for the 2008 boating season. There appears to be two viable options. First, the current dock installation could be adjusted so that it complies with the approved 1999 Variance Order. Two, the City of Mound could amend the variance from LMCD Code at this site. This would require the submittal of a variance application sometime prior to the 2008 boating season. This application would require a public hearing and would need to be approved by the LMCD Board of Directors. My expectations for the 2008 boating season is that docking and boat storage at this site will comply with the approved site plan, ir with a re- inspection planned to verify compliance in the 2008. 50% Recycled Content Web Page Address: http: / /www.Imcd.org 201/6 Post Consumer Waste E -mail Address: Imcd@lmcd.org -5875- 01 - I 0 •I LAKE MINNETONKA CONSERVATION DISTRICT J VP LAKE MINNETONKA CONSERVATION DISTRICT IN RE: APPLICATION OF THE CITY OF MOUND FINDINGS On May 26, 1999, at 7:00 p.m., pursuant to due notice, a public hearing was held by the Lake Minnetonka Conservation District (LMCD) Board of Directors at the Tonka Bay City Hall in the City of Tonka Bay, Minnesota, to consider the application for a variance and new multiple dock license by the City of Mound. The property is located in the channel between Seton Lake and Black Lake. The applicant sought a dock length variance to construct a dock 123 feet long, measured from elevation 929.4 and the amendment to its multiple dock license. The hardship identified for the variance was shallow water and emergent vegetation in the authorized dock use area which did not allow access to navigable water. The facility proposed would be used for six overnight storage slips and one transient slip. The Board finds that there is a hardship within the meaning of LMCD Code Section 1.07 which justifies the granting of the variance described below. ORDER On the basis of the foregoing, IT IS ORDERED: That the dock length variance and new dock license requested by the City of Mound be granted subject to the conditions that it is constructed and maintained in accordance with the dock plan attached as Attachment One and hereby made a part of this Order and that no watercraft stored at the facility have a length overall which is greater than the length of its slip as shown on the site plan. The granting of this variance shall grant no vested rights to the use of Lake Minnetonka. Such use shall at all times remain subject to regulation by the District to assure the public of reasonable and equitable access to the Lake. BY ORDER OF THE BOARD OF this 23d day of June, 1999. ATTEST: Eu ne A. Partyka, retary CU,164122 LK110 -4 Douglas -5877- Lake Minnetonka Conservation District, 0 01 • I � 10 is is 7 ATTAc o ME ri T OrJE I. barroN f1L - szas fMohr 066 — Jp" idp d yry�ldMn IM - Iva yy I 40 i i a.wr �� � err �yy ._.- •-� . �. �.� .� -. . r .+.• ....... . . J � ON 0 ROAD R wr or o i -T+T- ,1 i hi I I I ! l ' I Dock F Deck O Dock ■ I( W 5 I Dook [ I Oook D �I I cl Doak A i 4 3 I • I I I ,I I . I! �I ! I`I I -ill y 1. ,!! t I•I B LJ I K I`I��'"`- s nv3ror w M" KILDARE ROAD Dseton CB Cuff Commons mock - 5341 Maywood Road City • • • • Mound, MN 55364 Planning and Building Department (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director/ Jeff Miller, HKGI Consultant Planner Date: November 19, 2007 Re: 2008 Comprehensive Plan Update — Recommendation from October 22, 2007 Planning Commission Public Hearing Summary. The proposed 2008 update to the Mound Comprehensive Plan has been reviewed by the Planning Commission and is recommended to be authorized for distribution to adjacent governments, affected school districts and affected special districts as required by State law (Metropolitan Land Planning Act). Background. • The Planning Commission, on October 22, 2007, held a public hearing to review and take comment on the proposed 2008 comprehensive plan update. • • The Notice of Public Hearing was published in the Laker on October 6, 2007 and was also posted at City Hall on October 2, 2007. • The City Council may recall that hard copies of the comprehensive plan update were distributed to the Planning Commission and City Council members in July. • Copies of the plan were made available upon request to the general public and were also available for public viewing at City Hall. • A copy of 2008 update (July 2007 version) was also posted on the City's website at www.citvofmound.com for several months. Additionally, articles regarding the plan update were published in the summer edition of the City newsletter and in the Laker. • The Planning Commission held a public informational meeting on July 30, 2007. • The proposed update was discussed at (3) POSDAC meetings in 2006 and most recently was brought back to the POSDAC on October 11th prior to the public hearing held by the Planning Commission on October 22nd. Council • members are advised that the POSDAC did not express any concerns regarding the proposed update. -5879- • A CD of the revised draft of the comprehensive plan dated 10 -17 -2007 was provided by Planning Consultant HKGI in October and is being posted on the City's website to replace the July 2007 version. In general, the October 2007 version has not changed substantially from the July 2007 draft, which was previously provided to the Council, but was modified to correct typos and to respond to comments /suggestions. A copy of the CD and /or plan (October 2007 version) will be provided to the Council upon request. • A presentation from Jeff Miller of HKGi regarding the proposed update will be provided at the Nov. 27t' Council meeting and will be similar to presentations which were given at the July 30"' public informational meeting and October 22nd Planning Commission public hearing. Planning Commission Recommendation. Based on its review, the Planning Commission unanimously voted to recommend Council approval to authorize distribution of the draft comprehensive plan to adjacent and affected governmental jurisdictions including, but not limited to, the county, school district, watershed district, adjacent municipalities, etc. for the-required (6) six -month review period. • Council members are advised that an additional Planning Commission and City Council formal review and approval process will occur following the (6) six -month review period that may or may not include revisions to the plan in response to comments received from the adjacent and affected jurisdictions. • A resolution based on the Planning Commission's review and recommendation has been prepared for review and consideration by the City Council. • Page 2 ..1 MI N U7 XC MOUND ADVISORY AP OLD /NEW BUSINESS S NOVEMBER 19, 2007 MISSION For consistency with the Planning Commission ordinance, Staff is asking for the Planning Commission to pass a resolution approving the proposed Comprehensive Plan and authorizing the City Council to distribute for comments accordingly. MOTION by Stevens, seconded by Ebert, to move the resolution to approve and distribute the proposed comprehensive plan. MOTION approved unanimously. C 01 01 r� • 10 • :III CITY OF MOUND RESOLUTION NO. 07- A RESOLUTION AUTHORIZING DISTRIBUTION OF THE PROPOSED 2008 UPDATE TO THE MOUND COMPREHENSIVE PLAN TO ALL ADJACENT AND AFFECTED GOVERNMENTAL UNITS AS REQUIRED BY MINNESOTA STATE LAW (METROPOLITAN LAND PLANNING ACT) WHEREAS, the City has prepared a proposed update to the Mound Comprehensive Plan, which is required to be completed by the end of 2008, in accordance with Minnesota statutes and the policies of the Metropolitan Council; and WHEREAS, the Planning Commission held a public hearing on October 22, 2007 to review the proposed plan update, receive public comments and recommend to the City Council to authorize distribution of the proposed 2008 updates to the Mound Comprehensive Plan to adjacent governmental units and affected school and special districts for their review and comment; and WHEREAS, the City Council reviewed the matter at its November 27, 2007 meeting and authorized distribution of the proposed plan update in accordance with MN State law and the policies of the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound that the proposed 2008 update to the Mound Comprehensive Plan is hereby authorized to be distributed to all adjacent governments, affected school districts and affected special districts as required by the Metropolitan Land Planning Act. Adopted by the City Council this _ day of November 2007. 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: Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk 1 -5882- _ COPY CITY OF MOUND PLANNING COMMISSION RESOLUTION NO. 07- A RESOLUTION OF THE MOUND PLANNING COMMISSION TO RECOMMEND CITY COUNCIL DISTRIBUTION OF THE PROPOSED 2008 COMPREHENSIVE PLAN UPDATE TO ADJACENT GOVERNMENTAL UNITS AS REQUIRED BY THE METROPOLITAN COUNCIL WHEREAS, the Planning Commission has prepared a proposed update to the Mound Comprehensive Plan in accordance with Minnesota statutes and the policies of the Metropolitan Council; and WHEREAS, the Planning Commission held a public hearing on October 22, 2007 to review the proposed plan update and to authorize its distribution to adjacent governmental units in accordance with the policies of the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Mound does hereby recommend to the City Council that the 2008 comprehensive plan plan update be authorized for distribution to involved and /or affected governmental units as required by the Metropolitan Council. Adopted by the Mound Planning Commission this _ day of November 2007. The foregoing resolution was moved by Planning Commission member and seconded by Planning Commission member The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Chair Geoff Michael Attest: Jill Norlander, Recording Secretary 1 -5883- r� 01 • CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:04 p.m. ROLL CALL Those present:. Chair Geoff Michael; Commissioners: Suzanne. Claywell, Christine Ebert, Becky Glister, Michael Paulsen, Greg Skinner and Eva Stevens. Absent and Excused: Ory Burma and Jorj Ayaz. Staff present: Planning Consultant Jeff Miller and Recording Secretary Jill Norlander. 10 MOTION carried unanimously. BOARD OF APPEALS Planning Consultant Comprehensive Plan. ights and proposed changes of the MOTION by Stevens, seco Ebert, to recommend the, City Council approve the Comprehensive Plan as proposed. MOTION approved unanimously. . OLD /NEW BUSINESS November meeting date was discussed due to the regular meeting falling on the observance of Veteran's Day. A November 19th meeting date was decided on. ADJOURNMENT MOTION by Claywell to adjourn. Seconded and carried by affirmation at 7:17 p.m. Chair Geoff Michael Attest, Planning Secretary SPECIAL MOUND PLANNING COMMISSION MEETING PUBLIC HEARING 2008 COMPREHENSIVE PLAN UPDATE Notice is hereby given that the Mound Planning Commission will hold a special meeting on Monday, October 22, 2007 at 7:00 PM for the purpose of reviewing the proposed 2008 comprehensive plan update. The public hearing will be held in the Council Chambers at Mound City Hall located at 5341 Maywood Road. All interested persons are invited and encouraged to attend. Posted: October 2, 2007 By: Sarah Smith, Community Development Director - 5885 - City of—glound 2008 Comprehensive P , Update Planning for Public Informational 'Meeting Jule 30, 1-007 Meeting Agenda • Purpose of the Comprehensive Plan and Update Plan Update Comhonc °nt s, Proce.s and Tim elinc Oaerviev, of i_Tpdate for Cash Plan Component \ext Steps Question: Public plan to qudc liitnrc local goy crnmrnt actirm, Comprchcn,iw. plain arc I cduircd by State lave fur alt ,1111 s in th, Twill CIi1P, InctropulItan area, including, rc,Tular (10 -scar) updan,• Rccluired plan componcia, arc: land u,c /hounin;, plan, anspnrtation, grater vc— Ill-ees, park, t open ~pace, and implrmentati�m I:,tabli >hc s romnnuniriv's goal,, policies, standard, B map; What does the Comprehensive Plan provide for the community? • L <tabli h�,l,r +nar) c1nnnnmita goal <ft policies Guide growth a.. - .lean cs I, the nn-n III till itN" hh�, <ical, curial and ccn;. mcm Forms file hrn icr. Lr,nin Ordinee1cc rc�ulat.ions Yru� idr� iuidant� t��r file Plmminz ConunJs =inn, Citc C�>> -mcil and Cap: �.�it in their !( � i>lon -makin Why is Mound's Comp Plan being updated now? Vlctropt,hGU1 d, adni_ted till 2010Rc�ional 1 I nI k in 20115, unchtdin;; i n mal sr;tem plans. a� 1,aIre i Scstem Statemcwnts lin' each metro rite in 4pt�rnher 200 • State law rcyun c> J, id I omprehcu::irc plans hi amfin-m n -rth rile regic;tal t, air,,.m, -urk and plans, and he compatible teit ,,. ;aunt traits' plain • \l rtropnl It'll I In I 1,, .let rcyuires (.tlm In Lill It CF to update their e plan; N% 101111 1 aearl ni Jictrol;oliian 5•,- >tcm Jtaicments hem'' prepared. ,o update;! Comp Hall- arc ccc by Srptcmhcr 2008 Guidance from 2030 Regional Development Framework • Tw in Citic I.X - M tll add t III i11ion po 1)1 b. ?0;11. • \urrtbu nCpe,rnit per h„u:ehnhl continue to drop - _S9 m Opp -A in of pnpuiat�nn continues - h<aeeen 2000 and 2030 the pnpulati,n under 5 will increase he 19 "�b NVIIIIc population over increase by I i 1 • Cu ntinue rldi�rrsiiuInm'Apopulation Guiding the City's Future Course I ;`ic ...:aunit� �c w Vnul�d to look like 9n the °ear thr , nln!n ll I! v s V1,1nn for thc. Fit IIII e ni thC ,III III im!I ,h oil Id I) C '7111dcd for �iiam -r �� tl; i rjr��ccnr i', and � � � rcdc�clopincui- Deer �'I h,zt ,,jai• anti ,dfirir> V.I wide the CI lm In lnl It in al-d athwr im, ',..> Update Process Spring 2006 — Fall 2007 I'a,l: 1 (h�+anivr ihr Plan Iipdair G[lurt sl, I II I ir <'nW"NI and C(Am rn] the VI'l,m I, i- I an,I I Ixr .0 d 1 Irnr <in -I a <k `♦ .. Pat k, Opou .Slxiir R Recreation 'I '1A S - Tran,lnoriahnn arl:t. W,1t1-rRe; 'Ill cC- 11,111 cnunt fa,lz IiuIlk-mcllI"hnn ]'I p, e I IllAatCd Plan R SrClc llpprneal, nI I inai Plan 1'lanninr, t;nnnni.,xion (PC� Park", f)prn Spa'C R lln( la Advisor' Commi "mil POST )„int IN !/('it) C olincil Workshoh Pt M1 I i`lblic fid,) nafinnal .Mccini�,, t'i1�� C�a,nul C�mri�lcrati�m i Community Context ]tc�ional setting I istorical d.%.'loplu nt Decrlopcd �oniniu!ut•. Natural tcsourccs • Cultural restxncc; • Demographic: Economic cavironntcnt • C'6 facilities service, • Education t;tciGties • 30'0 I'rol"tioll, W via 2030 Projected Growth �— Vt— 1.1 030 Community Visior Located on th %,. estvrn ,bore: of Lake Minnetonka, Mound is a full- scry icc conununitc that Iccoenizas and appreciate, its unique settin lts strong and sale ocighhorlioods_ qu<tlity schools. «alkabilitc and lake access make it n de,irabic place for re,idents of all ages. In th heart ol'the cot1mnulity- Do%N lllmeu Mound is ea,il_ti' acccc ihl" «ith place, to live shop, norlt and gather- Our conmtitment to prescry ing the nauu al cm: ironmcnt cttiurc; that ever} one can enjoy the commurtitCs ]her ]aka and numerous scetlands, varied topograihhv. open and parks. Updates to Land Use Land lase Goal: Create a land devalopment pattern which fulfills social and economic needs 'tiltile enhancing and prescning natural resources. Updated Land Use Policies: • Establish appropriate residential land use densities to accommodate. changing household sizes & types, development Patterns. housing types and aesthetic values. • Support the development of mixed -usC areas with housing, retail, office, entertainment and institutional uses which can take advantage of regional invesnncnts in transportation. such as major roadnays, transit and trails. Updates to Land Use Land U -se Categories — minor changes • Neighborhood Commercial replaces General Commercial • Separate Parks, Open Space and Public Water, Wetlands categories Future Land Use Plan —minor changes to Publicdristitutional, Pedestrian District and Industrial Downtown Districts — redevelopment guidance added • Pedestrian District Linear District Destination District Industrial Focus Area Studies • City Staff met Nvith property owners within two focus areas that have future redevelopment potential. • Recommend that Focus Area or Master Plans be done when redevelopment seems imminent rather than update the Future Land Use Plan for these areas. East Shoreline Drive Dutch Lake/Commerce Blvd Future Land Use Plan Updates to Housing I jmlated I ousiuh Goal: promote and cncoui age. th., provision of lice -cede housing opportunities li)r all resident,..upporting crcatice mul[i4,uni!y housin , �%hdC 'III phasiz III I the construction and mairtenauce I11 hieh ChtaliIv. sin-Tic- Cannih dwellirttz, units \oc Politics: • Encourasc a nnzture of fill -eccle haisim� icpe> Promote and .,upport the development of nc%% adibrdablc housin I 81'fordzble 1[ousing Needs: Ululated the description oRhc rcaional t.411,rdabic huusiuLI needs ausd guidtmce ibr huss Mound Should address its shore of the is estimated at 58 al"mClable 11011;11111 units h-% 20?ti Updates to Park, Open Space and Recreation Areas PC15R Goa L• Provide a cuietc ut active a��d pas;i,: recreational opportunities to enhance all residents qualitc of life Potential future park eNpansion needs: • Dov,ntovii 1�eighborhood ParFs'Phtrerounds Con,nuuuh Palk, Pia-O olds Updates to Park; Open Space and Recreation Areas V x;;1;1 i. ' �1 i{i \t;111, • �.l11II it ll . all,, Updates to Park, Open Space and Recreation Areas 1pdales to Policies: ( I"MC it cunnci:tal Mound pat1m,l) stem that supports vcnilkine and hikine. Intr:,r,uc tho Iucscrcarion and ccicbnttion of the commullm"s uaunal Mod 111L1t0l IC resources into the POSR system vvfiere (casilalc Reco ill men dcd liclions for the Future: Strote itc as,cssmcsn of connmullm"s POSR investment strategics Part, dedication ordinance updates 1[s1ansion ('l pmhvm }s sv9tem I om Laho Crc;:nwav loop trail I'I 'Sel'v'atinr] of natural orz-as and open spaeres I xpandcd connections to 'Mound Commons i) { lYsnsportMiou Goal: Ensure the dcVelopment ofa transportation sy,tcin thm provides conyemcm and cflccti%e multi -modal connections within Mound, to adjacent nmmicipalmcs, the remainder of the Twin C: hies Metropolitan Area and greater tbtinncsota. Policies address a broader range of transportation and related issues Than current Nall, including: Land use pattern, and connections hnhrtiveincnis lijiLed with land redevelopment Improvcmcnt; linked to reim °esun nitin existinginfrastruclule Nun- autunlobdc transportation infrastructure piny, and hunt nt, strategies Rcryonnl coorduation Updates to Transportation Tut u re Ron (I „a) S: Esistine ;:afiu. volumes and Con<<cstion Issue; Forceasted 34 U -Traffic Volume, Future capaeitp Impro,cment tiecds Updates to Transportation wo:uh,aI , Puwrc Funcliunal Clas,ihcatiun 5ccils: Majol Collector. - Bartict; III,,! %lino, Collectors. - T6ree Pis BI-cd - Gi ,ind, i:v; 131% - lV'es:cdea 13h d - Ridec,cood' Iiicnlauti - LcmvooJ Tair,ic,, - Briehtor BM - 'fused, lard Updates to Transportation Roadway Geometric Design Standards based oil: • Functional classification i ratfic levels • Right- of- Nta� „"idth Existing de,elopment Street 'IN "pes:.Major Collector and '• um Collcco l Non- srebicul:u” patho:tpS: • Side,calks • iVILdti -use trails Updates to Water Resources Public Water Supple Plan Opdaiad hi uw� cut ons r /u nn Plan teas submitted in Pall 2006 to regional ,m imnm,:m;d agencies for ravictc and approval. Water Plan is included as Appendix C of Comp Plan, sanitary setter flan • Updatcd f=uture Sanitan sctser System map Inflow and Infiltration (VI) Study tsill be complctcdin 2007 Surface Water Management Plan (S0A'NIP) i lounTs SNYMP teas comptetcd in ,lanual— 2007 and is under revisor by the Minnehaha Crccic Watershed District for consistenu with their current plan. 77te SWMP is included as Appendix D of Comp Plan. Updates to irnpiementation 1ddc,l the Citc'< C III rCnt71 r11,11 1c11, inrltulin�� n�inimtun Ir>t siie rrdnirements — lictro C.,nnuil rcgmnr n ent lmpk;uuntation of potential wdmam e shames Implcmentatnm of puhlic programs - 1lound A "i;ionv -Rats Itousin� Imhlenuntauon Prn� am Capital lmpnncnunts Program Next Steps Staff complete <reti,nms to the Drat Plan PlanningC 'In InI inn(PC)- Heeic;'nlDtaftPlan public. 6carin« City Council (CC) - Rct iCW & approval of Draft Plan Diatributc Draft flan to adjacent communities and oilier aIlectc(i jru isdicti(ns tlw I annicni t6 -month r ut wv, period) • PC — final retit'v" and I ecommcnclation 4plan fro submittal u, AIcnn Counci! CC - f=inal I C1 ieea and apprucaI of plan 'tor aubmittat to Alctrn COL1nCll C'nIV eIlbjo is Updated Comp Plan to Metro Council -5895- 01 10 10 • MINUTES MOUND ADVISORY PLANNING COMMISSION JULY 30, 2007 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:03 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Ory Burma, Suzanne Claywetl, Christine Ebert, Becky Glister, Michael Paulsen, Eva Stevens and Greg Skinner (7:22). Staff present: Community Development Director Sarah Smith, Planning Consultants Rita Trapp and Jeff Miller, and Recording Secretary Jill Norlander. The following individuals were present: David Pinter (4890 Edgewater Dr), Rebecca Bowers (4937 Crestview Rd), Bill and Dorothy Netka (2360 Commerce Blvd), Tom Casey (3854 Cambridge La), Grant Johnson (6563 Bartlett Blvd) PRESENTATION CDD Smith welcomed attendees and intro d Rita Trapp and Jeff Miller who presented an overview of the Compreh Ian changes and review /adoption process. Staff heard comments and quest"WMWYW the Planning Commission as well as from the public. Items discussed include • Water Conservation Plan • Affordable housing • Preserving the lake views • Public involvement in the process, • Transportation level of service • Traffic issues • Building sizes • School district plans and its effect on playing fields ADJOURNMENT MOTION by Hasse to adjourn. Seconded and carried by affirmation at 8:45 p.m. Attest, Planning Secretary Chair Geoff Michael MOUND CITY COUNCIL MEETING NOVEMBER 13, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on _Tuesday, November 13, 2007, at 7:30 p.m. in the council chambers of city hall. _Members present: Acting Mayor David Osmek; Councilmembers Mike Specht, John Beise and Greg Skinner Members absent: Mayor Mark Hanus Others present: City Manager Kandis Hanson, Public Works Director Carlton Moore, Kathy Kardell 1. Open meeting The meeting was called to order at 7:30 p.m. by Acting Mayor Osmek. 2. Pledge of Allegiance 3. Approve agenda MOTION by Beise, seconded by Specht to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Osmek requested the removal of Item 4E for discussion. MOTION by Beise, seconded by- Specht to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of October 23, 2007 B. Approve payment of claims in the amount of $892,442.32 C. Approve Pay Request No. 6 by GMH Asphalt for 2007 Street Reconstruction Project, in the amount of $410,815.20 D. Approve Pay Request No. 10 and Final Pay Request by Magney Construction for work on Well #3 Pump House Improvement Project, in the amount of $15,152.90 E. (removed) F. RESOLUTION NO. 07 -89: RESOLUTION TO APPROVE THE RELEASE OF TAX FORFEIT PROPERTIES: PID #14- 117 -24-43 -0055. 4E. Approve resolution establishing parking regulations in the Mound Transit Center Osmek questioned what will happen to violators. Carlton Moore explained that the Police Department has the ability to tag and tow illegal parkers like a standard parking ticket. MOTION by Beise, seconded by Skinner to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07 -90: RESOLUTION ESTABLISHING PARKING REGULATIONS IN THE MOUND TRANSIT CENTER 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 1 -5897- • •� • • Mound City Council Minutes — November 13, 2007 � 0 6. Consideration /Action on resolution orovid Kathy Kardell of Ehlers & Associates explained that the purpose of these bonds is to refund the City's $3,875,000 Taxable General Obligation Temporary Tax Increment Bonds, Series 2005D which are payable in full at maturity on February 1, 2008. MOTION by Specht, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07 -91: RESOLUTION PROVIDING FOR THE SALE OF $4,015,000 TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT REFUNDING BONDS, SERIES 2008A 7. Action on resolution adopting assessment policy for PDA (Planned Development Area) as it relates to the 2008 Street Improvement Proiect Carlton Moore reviewed the proposed options for assessment the PDA that's included in the proposed 2008 street project. The Council discussed the pros and cons of the various options. MOTION by Osmek, seconded by Specht to accept Scenario #3 (based on 600' frontage on Elm Road and 450' frontage on Bellaire) as presented, which would give each unit in Village By the Bay a $636 assessment for the 2008 street project. The following voted in favor: Osmek and Specht. The following voted against: Beise and Skinner. Motion fails. MOTION by Specht, seconded by Beise to alter Scenario #3, by reducing the frontage on Elm Road to 300', and leaving the Bellaire Lane frontage at 450', which would result in total front footage of 750' and an assessment per unit of about $ . The following voted in favor: Beise, Specht, and Skinner. The following voted against: Osmek. Motion carried. 8. Miscellaneous /Correspondence A. Comments /reports from Councilmembers: Beise extended congratulations to 9th Grader Julia Harrison who was named to the AA All -state Cross Country Team She finished 17th in the state meet with a time of 15.07 for the 4K race. Specht thanked city staff for the Transit District Ramp ribbon - cutting event. B. Reports: Engineering Progress Report Finance Dept — October 2007 Harbor Wine & Spirits — October 2007 C. Correspondence: Gillespie Gazette Letter from Congressman Ramstad Letter from Metropolitan Council 9. Adlourn MOTION by Specht, seconded by Beise to adjourn. All voted in favor. Motion carried. • Attest: Bonnie Ritter, City Clerk Acting Mayor David Osmek PUBLIC WORKS & PARKS FEEDBACK FROM OPEN HOUSE ON NOVEMBER 39 2007 1. Quueestions /comments onl the preferred facility oration to meet Public Works and Parks Facility Needs We all know that Mound will not grow by 20% by 2030. Certainly the street mileage and parks areas will not grow in size. The plan seems a bit over done for the needs identified. Improvements are needed, ventilation could be added, bathrooms could be remodeled, drainage /mold issues I believe could be addressed, insulation added as needed. Sprinkler systems can be added — tear down Island Park Village Hall and build a bigger building. We all "want", but use money wisely. Could we buy /rent some of the land across the street from the present facility (east of the electric company's facility). In any case, I agree the facilities need upgrading but let's see how the school bond referendum goes. This sounds like the best place to build a much needed facility for both departments. I guess I prefer Option A/B. Why is Option D so expensive? Is this based on an appraisal of land or what the owner is really willing to sell for? If the land price would be lower I would probably choose this option. It is obvious that residents by the A B option will not be happy with what you plan to do. I definitely do not think you need 20+ acres for your new playground. The combination of a PW and PF is certainly a step in the right direction. The needs must be answered in a more conservative method to please the people of Mound. I don't believe options have been fully explored (i.e. remodel, reuse, build up, etc). Where are the safety issues? Why can't they be corrected in current facility? Costs to demolish, reuse, and provide environmental cleanup are not properly identified. #4 - #2 Confusing? -- #5 Make do with what you have with upgrades. 2. Questions /comments on the site options and the site evaluation for a new Public Works and Parks Maintenance Facility. Why buy 20 acres when the proposed need is for 10 acres. They will have plenty of room to grow. • 10 acres seems like a lot. • Why not rent/buy the old Tonka Toy Building. The Option 2 site is large enough to build the buffers to shield the facility and to help with sound problems. Most people may wonder why you need 20 acres. May need to emphasize buffering ability per City of Minnetrista resident comments. Also put in terms of extraa land would be similar to price of buying out only two residences in the neighborhood around the existing facility. Why not look at the Balboa Building and put your sand piles out front along Shoreline Drive. The building is not being utilized. now. You would have more than enough room to park indoors. You could do all your entering on Shoreline Drive. All you would have to do is put in garage doors. From comments at the 11 -3 -07 meeting session, it will be necessary to keep good neighbors now both in Mound and Minnetrista. Possibly a new site will need to be examined. Why is Site C listed as "poor access "? Why can't that be corrected also? Site A B seems to be the best but other considerations, i.e. distance should be • considered. Working with Trista is a must. I would not want any Mound facilities in the Minnetrista area. Especially Option C. 3. Questions and comments on estiMated tax impacts for a new Public Works and Parks Maintenance Facility. I think bonds would be the way to go. Taxes are pushing the upper limit now! We all need to pay for improvements even though we don't like tax raises. I don't like paying higher taxes for things that do not benefit my household directly. This was presented clearly. The timing of the school levy vote and the maintenance facility is deplorable. 4. Question/comments on rinancing„Options. I strongly support a public vote on the bonding referendum. • HRA lease revenue bonds. -5900- Run referendum — G:O Bonds if it gets forward. As Mound residents for many years my husband and I can continue to afford to live in Mound. We support the 10 year • road projects which is in its 5h year and will cost us $3,200.00. Every Mound taxpayer will pay for roads and increased school taxes. #3 - I am against a referendum - driven decision mainly because it will continue the lack of movement on the issue. We are in this position right now because of this inaction. Something else needs to be done. I don't want a referendum. We should have a vote! ! 5. Other Questions /Comments. Mound residents are currently facing or will soon be facing bonding and levy proposals for: 1) school funding levy, 2) Public Works and Parks facilities, 3) School bonding for facilities, and 4) a New City Hall. Voter approval of these initiatives will insure that these proposals are scaled proportionately to actual and realistic future needs. Maintaining facilities (according to City photos) has been a problem as mold, leaking roofs, etc. should have been completed as needed. Purchasing property for public works and parks may be a smart idea and gradually move toward building the new facilities — it's too much too soon in Mound in my opinion. Thank you for opening this up for the public discussion. What about other upcoming expansion projects. Some of them are mandated. -5901- 401 *I