1982-06-08 114
June 8, 1982
REGULAR MEETING
OF THE
CITY COUNCIL
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in
said City on June 8, 1982, at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Polston, Gordon Swenson, Donald Ulrick. Also present were: City Manager Jon
Elam, City Attorney Curt Pearson, Police Chief Bruce Wold, City Clerk Fran Clark,
and the following interested citizens: James A. Kutzner, James C. Hendricks,
William F. Kelley, Roy Holden, John Wagman, Margaret Hanson, Robt. Hanson,
Phyllis Jessen, Jim Scruton, Joan Wold, Ron Gehring.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The minutes of the regular meeting on May 25, 1982, were presented for
consideration. Polston moved and Swenson seconded a motion to approve the
minutes of the May 25, 1982, regular meeting, as presented. The vote was
unanimously in favor. Motion carried.
PUBLIC HEARING - WETLANDS DISTRICTS - ZONING ORDINANCE
The Mayor opened the public hearing and asked for any comments or suggestions
from the people present.
Margaret Hanson - asked what was changed in the Wetlands Ordinance since
it was approved in March?
The City Attorney replied that there were procedural changes made that
needed to be added, such as Section 23.1105 on Authority which was
added in accordance with Minnesota Statutes giving the City control of
the wetlands. The numbering of the sections was also changed to fit
the new Zoning Ordinance. Section 23.1140, subsection A and C -
Building Official was deleted and City Manager or his designate were
added. Section 23.1150 Fees was added. Refining of the wetlands map
to more accurately reflect the sizes of wetlands. All of which has
to be approved again.
Wm. Kelley (Attorney for Priscilla Anderson and Charles Smith) - asked
that Lot 59, Auditor's Sub. 168 be changed from classification 4 to
classification 6 or 7. He then presented the Council with a report
from their consulting engineer, Schoell & Madson, stating that they
would classify Lot 59 as a Type 6 or Type 7. Mr. Kelley then passed
pictures of the area around to the Council.
The City Attorney suggested having the City Engineer look at this
property and study it to see exactly what kind of wetlands it is.
Phyllis Jessen, member of the Wetland Committee who drafted the original
Wetlands Ordinance, stated that Hennepin County Soil & Water did not
feel Type 6 or 7 wetlands were in Mound, only 3, 4 and 5 so they did
not address the other types.
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June 8, 1982
The Mayor closed the public hearing.
The City Attorney suggested delaying action on this ordinance for a couple
of weeks in order to have a study done of the Anderson/Smith property by the
City Engineer, Hennepin County Soil & Water and the Wetlands Committee;
then have them come back and define the lot in question. It was also
his recommendation that the City use all the definitions from the Fish and
Wildlife Service in the Wetland Ordinance.
Mr. Kelley granted the City permission from his client to go on
for this study.
the property
The City Manager concurred with the City Attorney's suggestions.
Swenson moved and Ulrick seconded a motion to continue the Public Hearing
on the Wetlands Ordinance to June 22, 1982, at 7:30 P.M.
There was discussion by the Council on whether to adopt the ordinance as is
and delete the 'piece of property in question.
The vote On the motion was 4 in favor with Councilmember Polston voting no.
Motion carried.
SCHEDULE OF FEES - ZONING MATTERS
Charon moved and Ulrick seconded the following resolution.
RESOLUTION # 82-152 RESOLUTION ESTABLISHING A SCHEDULE OF FEES
FOR ALL ZONING MATTERS IN THE CITY OF MOUND.
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING -. AMENDING THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
PROGRA-'-~"~-~
The City Manager explained that this public heari, ng is being held for citizen
input on the question of reallocating $2,552.74 from the Housing Rehabilitation
Component over into the Senior Citizen Housing Development Component. This
would amend the Urban Hennepin County Development Program for the Program
Year VII as follows:
PROGRAM YEAR ACTIVITY ORIGINAL AMENDED
BUDGET BUDGET
VII Housing Rehabilitation $20,000.00 $17,447 26
VII Westonka Senior Citizens ·
Housing -0- 2,552.74
This money would be used for a number of initial costs involved in a project
such as this, including land appraisal fees, site plans by an architect and
miscellaneous smaller costs. The Mayor opened the public hearing and asked
for comments. There were none. The Mayor then closed the public hearing.
Poison moved and Charon seconded the following resolution.
RESOLUTION #82-153 RESOLUTION AMENDING THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT PROGRAM AS IT INVOLVES
THE CITY OF MOUND FOR PROGRAM YEAR VII FUNDED
UNDER TITLE 1 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974
116
June 8, 1982
The vote was unanimously in favor. Motion carried.
The City Manager explained that now that the City Council has approved the re-
allocation, they need to explore the specifics involved in developing this
project. This includes securing an option by the City on the necessary land
by the Catholic Church. This is necessary in order to show HUD that firm
site control exists and if HUD does fund the project that it can go
aggressively forward next Spring. Once the site is acquired using HUD funds,
it would be resold for $1.O0 to the senior citizens and their nonprofit
housing development corporation. Then the City's actual involvement will
end, except that it will retain 1 position on the project's Board of
Directors. He.further explained that he needs authorization from the City
Council to negotiate an option agreement with the church and that the City
will act as an agent for the senior citizens in seeking to acquire land
for the housing project.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-154 RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AN OPTION AGREEMENT WITH THE CATHOLIC
CHURCH WITH REGARD TO THE LAND THE SENIOR CITIZENS
WOULD LIKE FOR THEIR HOUSING PROJECT
The Mayor stated that he took exception to this item being shoved at the
City Council so quickly. He wanted to know more about all the sites
that were considered and felt the Council and the Planning Commission
should have move information and should have been consulted prior to a
decision.
Councilmember ~Polston stated that over the past two years, the Council has
been made aware, thru memorandums, of the various sites under consideration.
The City Manager explained that under HUD rules, the City must be the agent
in the.acquisition of the land for this type of 202 Senior Housing.
The roll call vote on the above resolution was 4 in favor with Mayor Lindlan
voting no. Motion carried.
PLANNING COMMISSION ITEMS
A. PRELIMINARY LOT SPLIT - JAMES SCRUTON - LOT 31, AUDITOR'S SUB. 170
The City Manager explained that the applicant has submitted a preliminary
subdivision (lot-split) request to divide off an 80 x 125 foot parcel
from his existing lot. Both parcels would meet the 10,000 square foot
lot size requirement for the R-1 Zoning District. The applicant intends
to remove the existing garage, located on the survey, and construct a
new double garage facing Bartlett Blvd., a minimum of 20 feet from the
southwest corner of the lot he would like to split off. The Planning
Commission has recommended approval with the Building Inspector's
recommendations as follows:
1. I would recommend approval of his preliminary concept allowing a 20
foot access to his property for emergency vehicles and general use
from a public right-of-way, due to the excessive depth of the unplatted
property. Final approval of the lot-split should require:
a. The submittal of the legal description for Parcel "A" and Parcel
"BI' with the resetting of the property monuments.
117
June 8, 1982
b. The location of the utilities servicing the existing structure
and topography of the site pl. aced on the survey.
c. The removal of the existing garage from the site.
d. Resubmit a final subdivision approval within one year.
The City Attorney pointed out that the Council would also have to
grant the applicant a 40 foot variance for Parcel "B"'s frontage
on Bartlett Blvd. because the minimum width of a lot facing a public
road in the R-1 District is 60' and he will only have 20'.
Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-155 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE PRELIMINARY LOT SPLIT
AS REQUESTED AND WITH THE BUILDING INSPECTOR'S
RECOMMENDATIONS
Councilmember Ulrick asked the maker of the motion and the
seconder to consider adding 2 other items to the Building Inspector's
recommendations. They are:
1. Make sure the water and sewer unit charges are paid.
2. Reason for approval is an unusually deep lot with unusually
large square footage and not to approve the request would be
denying Mr. Scruton use of his property.
The maker and the seconder agreed to add the above.
Roll call vote was 3 in favor with Councilmembers Charon and Polston
voting no. Motion carried. Councilmember Pol.ston stated that he
voted no because he could see no hardship.
SUBDIVISION (LOT SPLIT) - REBECCA YANTES - LOTS 16 & 17, SKARP & LINDQUIST S
RAVEN~ -- '
The City Manager explained that the Planning Commission recommended
approval of the preliminary subdivision with the stipulation that
the house be brought to compliance with the Zoning Ordinance and the
shed be removed and meet the other recommendations of the Building
Official. The Building Official's recommendations were:
1. Locating utilities servicing the existing structure and topography
of the site placed on the survey.
2. Removal of the existing shed building and basement entrance from
the site including 6'~ encroachment of the house on Parcel B.
3. Ail persons with financial interest in the property submit approval
of the lot-split request.
4. Re-submit final subdivision approval within one year.
After Council discussion, 2 more items were added to the stipulations.
5. Provide off street parking for Parcel "B".
6. Make sure the water and sewer unit charges are paid, also street
assessment unit charges, if applicable.
Ulrick moved and Charon seconded the following resolution.
RESOLUTION #82-156 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE PRELIMINARY LOT-SPLIT
WITH THE 7 STIPULATIONS
The vote was unanimously in favor. Motion carried.
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June 8, 1982
C SIDEYARD VARIANCE -JAMES C HENDRICKS - LOTS 4,5._~,6 & 19, BLOCK 14,
· THE HIGHLANDS
The City Manager explained that the Planning Commission has recommended
approval of a 4.6 foot sideyard variance, acknowledging the existing
encroachment, as the proposed addition does not increase the non-
conformancy. The Building Inspector recommended approval because of
an undue hardship to remove the 4.6 encroachment in the side yard
as that portion has a full basement, is heated and is part of the
present kitchen. Also, the addition to the structure will be in
conformance with the present zoning requirements.
Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82-157 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE 4.6 FOOY $1DEYARD
VARIANCE - LOTS 4,5,6 & 19, BLOCK 14, THE HIGHLANDS
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZEN PRESENT
The Mayor asked for any comments, suggestions or questions from the citizens
present.
Margaret Hanson asked if the recent soil borings done in the Lost Lake
area by County Rd. 15 were done by the P.C.A.?
The City Manager responded no, they were done privately by a prospective
developer.
John Wagman questioned whether the Council thought it wise to bore in an
area that might contain hazardous wastes. The Mayor and the City Manager
told Mr. Wagman that it is all conjecture on the part of the P.C.A. as to
if there is hazardous waste in that area.
TAX FORFEITURE PARCELS OF LAND
The City Manager explained that there are 7 more parcels of land that have
gone tax forfeiture and the County wants to know which lots to sell. He
is recommending that parcels 1, 2, and 3 be released for sale by the County
and parcels, 4, 5, 6, and 7 be withheld for private sale to adjacent property
owners. He explained that 1 thru 3 are buildable sites and 4 thru 7 are
unbuildable sites.
Polston moved and Swenson seconded~the following resolution.
RESOLUTION #82-158 RESOLUTION RELEASING PARCELS 1 THRU 3, ON PAGE
1164 OF THE COUNCIL PACKET, TO THE COUNTY FOR SALE
The vote was unanimous.ly in favor. Motion carried.
Swenson moved and Ulrick seconded the following resolution.
RESOLUTION #82-159 RESOLUTION TO WITHHOLD PARCELS 4 THRU 7, ON PAGE
1164 OF THE COUNCIL PACKET, FOR PRIVATE SALE TO
ADJACENT PROPERTY OWNERS
June 8, 1982
The vote was unanimously in favor. Motion carried.
MANCHESTER ROAD PARKING SIGNS
This item was held over from the May 25th Meeting.
Swenson moved and Charon seconded the following:
ORDINANCE #436 ORDINANCE AMENDING SECTION 46.29, SUBSECTION (c)
OF THE CITY CODE BY ADDING SUBDIVISION #12 -
NO PARKING ANYTIME ON THE SOUTH SIDE OF MANCHESTER
ROAD FROM BRIGHTON BLVD. TO THE COMMONS
Citizen Dick Carlson asked that the no parking anytime be from
Brighton Blvd. to Cambridge only not to the Commons.
The vote was unanimously in favor of the original ordinance amendment.
Motion carried.
BLUEBIRD LANE PROBLEMS
Ms. Holly Lovseth had asked to be put on the Council Agenda for this item.
She was not present. No action was-taken and it was not discussed.
ELECTION BALLOT COUNTER
The City Manager explained that this is just final order approval for
the unit that was approved when the Revenue Sharing Budget was approved~
Swenson moved and Charon seconded a motion to approve the purchase of the
PEPS Unit, Card Reader (300 cpm), Cable Connector and Program License
at a cost of $9,275.00 less the trade in of 2, pin feed style precinct
ballot counters at $1,500.00 each or $3,000.00, making the cost of the
machine $6,275.00 Net to the City. The vote was unanimously in favor~
Motion carried. ,
EASEMENT AGREEMENT FROM 1979 STREET IMPROVEMENT
The City Manager explained that this is an easement from the 1979 Street
Improvement on Lot 10, Block 7, Arden that now belongs to the State of
Minnesota. The City Attorney has supplied the City with an Application
by Governmental Subdivision for Conveyance of Tax-Forfeited Lands that
needs to be approved by the' City Council, signed by the Mayor and the
City Manager and filed at the courthouse.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-160 RESOLUTION AUTHORIZING THE MAYOR AND THE CITy MANAGER
TO SIGN THE APPLICATION BY GOVERNMENTAL SUBDIVISION
FOR CONVEYANCE OF TAX-FORFIETED LANDS WHICH WILL
CLEAR UP ANOTHER PROBLEM EASEMENT FROM THE 1979
STREET IMPROVEMENT '
The vote was unanimously in favor. Motion carried.
120
June 8, 1982
S01L REPORT - WIDMER BUILDING COUNTY RD. 110
The City Manager explained that based on the soil and foundation report
furnished by S°il Exploration Company, the soil and foundation under and
around the Widmer Building on County Road 110 are just not appropriate
for use as a public works site unless the cost was reduced substantially
so that we would have adequate funds on hand for all the repairs we
would have to make over the years.
He stated that Mr. Ron Shaffer and Mr. Bud Stannard were present tonight
if the Council would like to ask their expert opinion on the soil and
foundation report. Mr. Stannard stated that in his opinio~ it would take
an additional $30,000 to $40,000 to correct the site for use as a public
works building.
SWenson moved and Ulrick seconded a motion to notify Mr. Widmer that the
City of Mound is no longer interested in purchasing his property on
County Road llO. The vote was unanimously in favor. Motion carried.
GAMBLING PERMIT - SHORELINE EARLY INTERVENTION & BRIDGE
Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82-161 RESOLUTION TO APPROVE AND AUTHORIZE THE ISSUANCE
OF A GAMBLING PERMIT TO SHORELINE EARLY INTERVENTION
AND BRIDGE FOR A RAFFLE TO BE HELD JUNE 18 & 19, 1982
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
Swenson moved and Ulrick seconded a motion to approve the payment of bills
as presented on the pre-list in the amount of $60,742.11, when funds are
available. Roll call voted was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
The City Manager provided information on the following:
A.
LETTER FROM ATTORNEY JIM LARSON ON CONTINENTAL CASE: Summary of
DPS staff testimony and Derick Dahlen's testimony.
B. PAGE OF MAPLE PLAIN NEWSLETTER: A notice of the June 7th public
hearing in Maple Plain regarding Continental Telephone's proposed
rate increase and a list of contributors who have donated to the
Rate Challenge Fund.
C. CONTINENTAL PURCHASE OF COMPUTOR BUSINESS: An article on Continental
Telephone purchasing a computer services company, STSC.
D. LETTER FROM MTC ON SHELTER AT BARTLETT & SHORELINE: A letter
confirming that a Type D shelter instead of a Type C shelter, should
be adequate to accomodate the bus patrons.
121
June 8, 1982
JIM REGAN'S REQUEST FOR ORDINANCE CHANGE: Jim Regan has submitted
a letter to the City Council asking that our present ordinance
prohibiting automobile racing on the ice during the winter be
expanded to include prohibiting motorized water craft races on
the lake during the summer months. The City Manager wrote to
Mr. Regan and explained that the L.M.C.D. has ordinances prohibiting
this activity.
Go
Polston moved and Ulrick seconded the following:
ORDINANCE #434
AN ORDINANCE AMENDING SECTION 38.64 OF THE CITY
CODE PROHIBITING MOTORIZED WATER CRAFT RACES
The vote was unanimously in favor. Motion carried.
LETTER FROM CITY PROSECUTOR: The 1982 Legislature gave the city
attorneys prosecution authority for gross misdemeanor DWIs effective
April 1, 1982, and also amended the Municipal Court statute, effective
January 1, 1983, to give the Court jurisdiction of all gross misdemeanors.
This could mean additional costs for the cities, both through
prosecuting attorney costs and jail costs.
LETTER FROM CITY ATTORNEY ON LAKE FRONT LOTS: A letter advising
the Council that some items in the old zoning ordi:nance that should
have been carried into the new zoning ordinance were left out. He is
recommending that the Planning Commission prepare an amendment to the
new zoning code to add back in any definitions which have been lost
as a result of typing or unintentionally over-lOoked in bringing the
new code into force.
H& I.
LETTERS FROM BUFFALO BITUMINOUS & HARDRIVES REGARDING THE 1980
STREET PROJECT: Letters from both companies regarding warranty
work that will be done on certain streets from the 1980 Street
Project. The Council would like more information on the work
to be done on Bartlett Blvd. They would like to know the results
of tests done by Twin City Testing on that road.
L.M.C.D. APPOINTMENT TO LAKE MINNETONKA TASK FORCF: A letter from
the L.M.C.D. has designated Robert Tipton Brown as their representa-
tive on the task force with Executive Director Frank Mixa serving
as a resource person and alternate L.M.C.D. representative.
K. BRAD VAN NEST REQUEST FOR SUPPORT FOR HIS APPOINTMENT TO LAKE
MINNETONKA TASK FORCE: The Council felt that since there will be
three citizen members se.lected from the Lake Minnetonka communities,
they should wait to see who comes forward. They would like to see
a good cross-representation of persons on the Task Force.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-162 RESOLUTION TO ENCOURAGE AN ADEQUATELY BALANCED
TASK FORCE FOR ALL PARTS OF ~LAKE MINNETONKA
The vote was unanimously in favor. Motion carried.
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June 8, 1982
L. 1982-83 DOWNTOWN DEVELOPMENT BUDGET: Total allocation for
1'982'-83 tO' the Downtown effort will be $55,745.
M. AGENCIES INVOLVED WITH THE LAKE: L.M.C.D., Minnehaha Creek
Watershed District and the DNR.
N. TONKA TOYS: An article on Tonka's Annual Meeting.
O. L.M.C.D. MINUTES I APRIL 28, 1987
P' ARTICLE "LEGAL ASPECTS OF PUBLIC WORKS'~
Q. HENNEPIN COUNTY AGRICULTURAL SOCIETY REQUEST FOR CONTRIBUTION
No action taken. ----_.___
R. GAMBLING REPORT - AMERICAN LEGION POST 398 - May 1982
S. SCHOOL BOARD MINUTES - May 10 and May 18, 1982
T. ARTICLE WRITTEN BY THE CITY PROSECUTOR - "CIVIL LIABILITY FOR POLICE
ADMINISTRATIO--'~'-~
U. LETTER FROM SENIOR CITIZEN CENTERS, INC.: regarding a project to
coordinate and maximize transportation resources for the elderly.
V. DAC MEETING DATE CHANGF: Change meeting date from June 9, 1982 to
June 16, 1982, at 7:30 P.M. in the Council Chambers at City Hall.
W. BOARD OF REVIEW MINUTES: Polston moved and Swenson seconded a motion
to approve the minutes of the Board of Review held on June 1, 1982,
as submitted. The vote was unanimously in favor. Motion carried.
X. ASSESSMENT DEFERRALS: The City must file with the County Auditor a
resolution setting forth the amount of special assessments being
deferred by PID number.
Polston moved and Ulrick seconded the following resolution.
RESOLUTION #82-163 RESOLUTION TO APPROVE APPLICATIONS FOR SPECIAL
ASSESSMENT DEFERRALS
The vote was unanimously in favor. Motion carried.
Swenson moved and Polston seconded a motion to adjourn at 11:15 P.M. The
vote was unanimously in favor. Motion carried.
Fr~'n Cla~k,-Ci-t~-Clerk
9~E1am, City Manager
BILLS .... JUNE 8, 1982
Air Comm 90.00 Howard Simar 450.00
Earl F. Andersen 59.60
Astleford Equip IO1.40 Total Bills 26,069.84
Diane Arneson 132.50
Assn of Metrop Munic 15.00 ~iRuor Bills
Acro Minnesota 121.63 Blackowiak & Sons 32.00
Albinson 484.00 Bradley Exterminating 19.00
Holly Bostrom 40].00 City of Mound 26.40
Gayle Burns 17.53 Mtka Refrig. 106.55
Carol Burlet 30.00 Real One Acquisition 2,O17.52
Janet Bertrand 28.18 Regal Window Cleaning 10.75
Curtis 1OO0 281.74 Butch's Bar Supply 209.80
Dependable Services 33.00 City Club Distrib 3,891.65
Determan Welding 772.80 Coca Cola Bottling 283.81
Jon Elam 46.97 Day D|strib 4,192.55
Glenwood Inglewood 46.40 East Side Bev. 4,999.70
Hayden Murphy 95.10 Gold Medal Bev 286.07
Wm Hudson 15.26 Home Juice 41.40
Internatl City Mgmt Assn 230.00 Jude Candy 31.20
Kromer Co. 96.85 K°°l Kube Ice 240.00
Doris Lepsch 15.00 The Liquor House 871.08
Lowells 1.63 Midwest Wine 1,641.65
McCombs Knutson 745.00 A.J. Ogle Co. 2,210.32
MS Print 89.60 Pepsi Cola 279.90
Marina Auto Supply 384.61 Pogreba Distrib 3,427.45
Mound Hdwe 7.16 Thorpe Distrib 5 153.75
John S. Plahn 18.74 '
Power Group Trust 73.25 Griggs, Cooper 1,291.65
Prairie Lawn & Garden 72.00 Johnson Bros. 1,241.68
Brad Roy 16.00 Old Peoria 618.14
Suburban Chevrolet 2.18 Ed Phillips 1,548.25
Star-Tex Corp 454.79 Total Liquor Bills 34,672.27
Standard Spring 414.17
State Bank of Mound 14.40
Thrifty Snyder Drug 19.36
Tri State Drilling 417.50 GRAND TOTAL--ALL BILLS 60,742 ll
Village chev 5.16 '
United Fire Fighters 25.00
Water Products 172.72
Westonka Sewer & Water 867.99
Winner Industries 3.08
John Weiland (assess grant) 3,179.11
Widmer Bros. 2,139.75
Cobb Carpet Care 95.00
J.R. Dutton 42.21
Vincent Forsman 35.00
Robert dohnson 63.80
Mike McClelland 126.00
Mound Postmaster 406.08
Bud Orn 500.00
R.L. Youngdahl & Assoc 12,114.59