2016-11-22 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
CITY OF NIOU.ND MISSION STATEMENT: The City of Mound; through teamwork and cooperation, provides at a reasonable
cost, quality services that respond to the needs of all citizens, fostering a safe; ataactive and flourishing community
AGENDA
MOUND CITY COUNCIL TUESDAY, NOV 22, 2016 - 7:00 PM
RESCHEDULED REGULAR MEETING MOUND CITY COUNCIL CHAMBERS
1. Opening meeting
2. Pledge of Allegiance
3. Approve agenda, with any amendments
*Consent Agenda: Items listed under the Consent Agenda are considered routine in nature, have been evaluated by staff,
recommended by staff for approval by the Council, 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. At this time, anyone present who wishes to offer dissentin¢ comment
to any items on the Consent Agenda is invited to identify themselves and the item of concern so that the it may be removed from the
Consent Agenda and considered after discussion in normal sequence. Separate introduction or further support from petitioners or
requesters is not required at this time and removal of an item from the Consent Agenda for this purpose is not required or appropriate.
Page
4. *Consent Agenda
*A. Approve payment of claims
2865-2887
*B. Approve minutes: October 25, 2016 regular meeting 2888-2895
*C. Approve Resolution Authorizing Contract with Frontier Communications 2896-2897
for Phone and Internet Services and Purchase of Phone System 2896
*D. Approve Policy FIN 009 - Liquor Store Donations Policy 2898
*E. Approve Policy FIN 010 - Official Website Policy 2899
*F. Approve Policy FIN 011- Utility Billing for Non -Homestead Properties 2900
Policy
*G. Approve an Ordinance _-2016 Amending Chapter 30 of the Mound City Code 2901-2902
as it relates to Fire Prevention and Protection
*H. Approve a Resolution Authorizing Publication of Ordinance _-2016 by 2903
Title and Summary
*I. Approve an Ordinance _-2016 Amending Chapter 18 of the Mound City Code 2904
as it relates to Cemeteries
*I. Approve a Resolution Authorizing Publication of Ordinance _-2016 by 2905
Title and Summary
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
*K. Approve Resolution approving Expansion Permit and Public Lands Permit for 2906-2936
4941 Island View Drive
*L. Approve Resolution approving Variance for 1920 Lakeside Lane 2937-2969
2939
5. Comments and suggestions from citizens present on any item not on the agenda.
(Limit to 3 minutes per speaker.)
6. Public Hearing - Consider issuance of a franchise 2970-3036
Applicant: Frontier Communications
7. Action to approve minutes from the November 1, 2016 Special Meeting Workshop 3037-3043
Information/Miscellaneous
A. Comments/reports from Councilmembers
B. Reports: Finance Dept - September 2016 3044-3046
C. Minutes: POSC - June 9, 2016 3047-3049
Planning Commission - October 4, 2016 3050-3052
D. Correspondence:
Adjourn
This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or
at the City of Mound web site: i,- - '%;v
COUNCIL BRIEFING
NOVEMBER 22, 2016
Upcoming Events Schedule: Don't Forget!!
Dec 13 -- 6:55 pm -- LAST HRA Meeting for 2016
Dec 13 -- 7:00 pm -- LAST CC Meeting for 2016
Dec 27 -- HRA and CC regular meetings cancelled in recognition of Christmas Holiday
City Offices Closed
Nov 24 & 25 Thanksgiving Holiday
Dec 23 & 26 Christmas Holiday
Dec 30 & Jan 2 New Year's Holiday
Jan 16 MLK Holiday
City Official's Absences
Please notify the City Manager in advance of an absence. Some votes require more than a simple
majority and Staff needs to plan accordingly.
Inquire in advance, please......
Council members are asked to call or email their questions in advance of a public meeting so that more
research may be done or additional information may be provided that will assist in your quality decision-
making.
City of Mound Claims
11-22-16
YEAR
BATCH NAME
DOLLAR AMOUNT
2016
110916CTYMAN
$
5,872.06
2016
FIRESTATEAID
$
108,903.51
2016
111616CTYMAN
$
722.00
2016
1016HOISINGT
$
2,216.43
2016
1122216CITY
$
162,403.49
2016
112216HWS
$
49,893.72
TOTAL CLAIMS 11 $ 330,011.21
-2865-
CITY OF MOUND 11/15/1610:04 AM
Page 1
Payments
Current Period: November 2016
.rte .-
Batch Name 110916CTYMAN User Dollar Amt $5,872.06
Payments Computer Dollar Amt $5,872.06
$0.00 In Balance
Refer 2 ALCOHOL AND GAMBLING ENFOR _
Cash Payment E 609-49750438 Licenses and Taxes 2017 RETAILERS BUYERS CARD FOR
LIQUOR OR WINE- HWS
Invoice 111416 11/14/2016
Transaction Date 11/14/2016 Wells Fargo 10100 Total
$20.00
$20.00
Refer ..s!�
3 AMERICAN PUBLIC WORKS ASSO
_ •`�_�—' ��`��i
._.___
Cash Payment
E 602-49450434 Conference & Training
PUBLIC WORKS EXECUTIVE PROGRAM-
$250.00
PROFESSIONAL DEVELOPMENT APP &
ENROLLMENT- E. HOVERSTEN
Invoice 741877
10/24/2016
Project 16-3
Transaction Date 11/14/2016
Wells Fargo 10100 Total
$250.00
Refer r
4 BENDICKSON, WES
_
Cash Payment
E 10143100-224 Street Maint Materials
DUMP STREET SWEEPINGS- 29 LOADS 9-1-
$1,087.50
16 THRU 10-20-16
Invoice 111516
11/10/2016
Cash Payment
E 67549425-224 Street Maint Materials
DUMP STREET SWEEPINGS- 29 LOADS 9-1-
$1,087.50
16 THRU 10-20-16
Invoice 111516
11/10/2016
Transaction Date
11/15/2016
Wells Fargo 10100 Total
$2,175.00
Refer_
8 GIESE, LEROY
_
Cash Payment
E 601-49400-218 Clothing and Uniforms
2016 BOOT ALLOWANCE -L. GIESE
$174.99
Invoice 111516
11/14/2016
Transaction Date
11/15/2016
Wells Fargo 10100 Total
$174.99
Refer
7 HEITZ, FRANK
_
Cash Payment
E 101.43100-218 Clothing and Uniforms
2016 BOOT ALLOWANCE - F. HEITZ
$149.99
Invoice 111516
11/14/2016
Transaction Date
11/15/2016
Wells Fargo 10100 Total
$149.99
Refer
9IVERSON, NOAH
_
Cash Payment
E 101-41500.433 Dues and Subscriptions
ASSOC OF CERTIFIED FRAUD EXAMINERS
$175.50
MEMBERSHIP 2016-2017- N. IVERSON
Invoice 111516
11/14/2016 P024807
Cash Payment
E 10141500.434 Conference & Training
CERTIFIED FRAUD EXAMINERS EXAM FEE -
$250.00
N. IVERSON
Invoice 111516
11/14/2016 P024807
Cash Payment
E 10141500434 Conference & Training
CERTIFIED FRAUD EXAMINERS EXAM PREP
$915.64
COURSE FEE - N. IVERSON
Invoice 111516
11/14/2016 P024807
Transaction Date
11/15/2016
Wells Fargo 10100 Total
$1,341.14
Refer
6 JD ROOFING & CONSTRUCTION
Cash Payment G 101-22801 Deposits/Escrow
REFUND FENCE PERMIT APP- NOT
$55..00
APPROVED- 3118 ISLAND VIEW DR. - JD
ROOFING & CONSTRUCTION
Invoice 111516
11/14/2016
Transaction Date
11/152016
Wells Fargo 10100 Total
$55.00
Refer
1 MYERS, TONY
_
-2866-
CITY OF MOUND
Payments
Current Period: November 2016
WI -14
11/15/16 10:04 AM
Page 2
Cash Payment E 22242260-434 Conference & Training REIMB T. MYERS- MEALS- FIRE HOUSE $177.00
EXPO CONE NASHVILLE TN OCT 19 THRU 23
2016
Invoice 110916 11/3/2016
Cash Payment E 222-42260434 Conference & Training
Invoice 110916 11/3/2016
Cash Payment E 22242260-434 Conference & Training
REIMB T. MYERS- LODGING- FIRE HOUSE $868.40
EXPO CONF NASHVILLE TN OCT 19 THRU 23
2016
REIMB T. MYERS-TRANSPORTATION- $543.20
AIRFARE- FIRE HOUSE EXPO CONF
NASHVILLE TN OCT 19 THRU 23 2016
Invoice 110916
11/3/2016
Transaction Date 11/15/2016
Wells Fargo 10100 Total $117.34
Transaction Date
11/4/2016
Wells Fargo 10100 Total
$1,588.60
Refer ._
5 TREBIL, JESSE FOUNDATION
222 AREA FIRE SERVICES
$1,588.60
Cash Payment
R 10142000-32210 Building Permits
REFUND 80% BLDG PERMIT FEE BP# 2016-
$83.44
609 MUNICIPAL LIQUOR FUND
$20.00
00854- JOB CANCELLED- 2236 LANGDON
$1,087.50
$5,872.06
LN - J. TREBIL FOUNDATION
Invoice 111516
11/14/2016
Cash Payment
R 101-42000-34104 Plan Check Fee
REFUND 50% PLAN REVIEW FEE BP# 2016-
$33.90
00854- JOB CANCELLED- 2236 LANGDON
LN - J. TREBIL FOUNDATION
Invoice 111516 11/14/2016
Transaction Date 11/15/2016
Wells Fargo 10100 Total $117.34
Fund Summary
10100 Wells Fargo
101 GENERAL FUND
$2,750.97
222 AREA FIRE SERVICES
$1,588.60
601 WATER FUND
$174.99
602 SEWER FUND
$250.00
609 MUNICIPAL LIQUOR FUND
$20.00
675 STORM WATER UTILITY FUND
$1,087.50
$5,872.06
Pre -Written Checks $0.00
Checks to be Generated by the Computer $5,872.06
Total $5,872.06
-2867-
CITY OF MOUND 11/07/164:25 PM
Page 1
Payments
Current Period: November 2016
s .«x
Batch Name FIRESTATEAID User Dollar Amt $108,903.51
Payments Computer Dollar Amt $108,903.51
$0.00 In Balance
Refer 1 MOUND FIRE RELIEF: ASSOCIATIC, _
Cash Payment E 222.42260-124 Fire Pens Contrib FIRE STATE AID TO RELIEF ASSOCIATION- $108,903.51
RECVD 9-29-16
Invoice 110816 11/7/2016
Transaction Date 11/7/2016 Wells Fargo 10100 Total $108,903.51
Fund Summary
10100 Wells Fargo
222 AREA FIRE SERVICES $108,903.51
$108,903.51
Pre -Written Checks $0.00
Checks to be Generated by the Computer $108,903.51
Total $108,903.51
CITY OF MOUND 11/15/16 3:03 PM
Page 1
Payments
Current Period: November 2016
Batch Name 111616CTYMAN User Dollar Amt $722.00
Payments Computer Dollar Amt $722.00
$0.00 In Balance
Refer 1 STONEBROOKE EQUIPMENT, INC _
Cash Payment E 10145200-500 Capital Outlay FA 2 SIDE MOUNT TRUCK TOOL BOXES- 60" $722.00
#416 PARKS 2016 FORD F350 CREW CAB
Invoice 41062 8/16/2016 P024643
Transaction Date 11/15/2016 Wells Fargo 10100 Total $722.00
Fund Summary
10100 Wells Fargo
101 GENERAL FUND $722.00
$722.00
Pre -Written Checks $0.00
Checks to be Generated by the Computer $722.00
Total $722.00
4--w i YAM
Batch Name
CITY OF MOUND
Payments
Current Period: November 2016
1016HOISINGT User Dollar Amt $2,216.43
Payments Computer Dollar Amt $2,216.43
11/17/16 11:39 AM
Page 1
$2,216.43
Pre -Written Checks $0.00
Checks to be Generated by the Computer $2,216.43
Total $2,216.43
-2870-
$0.00 In Balance
Refer 10 HOISINGTON KOEGLER GROUP, I
_
Cash Payment E 10142400-300 Professional Srvs
MISC PLANNING SVCS OCT 2016
$206.41
Invoice 007-001-101 11/9/2016
Cash Payment G 101-23360 SERENITY HILLS
6639 BARTLETT -SERENITY HILL
$1,297.5C
DEVELOPMENT PLANNING SVCS OCT 2016
Invoice 015-015-19 11/9/2016
Cash Payment G 101-23363 PC16-36 1920 LAKESIDE B
1920 LAKESIDE LN VARIANCE- BAZEWICZ
$712.50
MISC PLANNING SVCS OCT 2016
Invoice 015-015-19 11/92016
Transaction Date 11/172016
Wells Fargo 10100 Total
$2,216.43
Fund Summary
10100 Wells Fargo
101 GENERAL FUND
$2.216.43
$2,216.43
Pre -Written Checks $0.00
Checks to be Generated by the Computer $2,216.43
Total $2,216.43
-2870-
CITY OF MOUND
Payments
Current Period: November 2016
ISR '-
Batch Name 112216CITY
Payments
User Dollar Amt
Computer Dollar Amt
$162,403.49
$162,403.49
$0.00 In Balance
Refer 38 RIFFS, INC PORTABLE RESTROO _
Cash Payment E 101-45200410 Rentals (GENERAL) PHILBROOK PARK BIFFS RENTAL & SVC
10- 12-16 thru 11- 8-16
Invoice W618557 11/9/2016
Cash Payment E 101-45200410 Rentals (GENERAL)
Invoice W618554 11/9/2016
Cash Payment E 10145200410 Rentals (GENERAL)
Invoice W618555 11/9/2016
Cash Payment E 10145200410 Rentals (GENERAL)
CENTERVIEW BEACH BIFFS RENTAL & SVC
10- 12-16 thru 11- 8-16
MOUND BAY PARK BIFFS RENTAL & SVC
10- 12-16 thru 11- 8.16
SKATEPARK BIFFS RENTAL & SVC 10- 12-
16 thru 11-8-16
11/17/16 11:41 AM
Page 1
$89.00
$379.00
$533.00
$379.00
Invoice W618556 11/9/2016
Transaction Date
11/16/2016
Wells Fargo 10100 Total
$1,380.00
Refer ..�R.,_
BBRAUN INTERTEC��.�s
Cash Payment
E 40143116-500 Capital Outlay FA
2016 STREET IMPROV PROJ PW 16411
$1,471.38
BARTLETT BLVD -CONSTRUCTION
MATERIALS TESTING
Invoice B075498
11/22016
Cash Payment
E 40143146-500 Capital Outlay FA
2016 STREET IMPROV PROJ PW 16-03
$1,471.37
CYPRESS -CONSTRUCTION MATERIALS
TESTING
Invoice 8075498
1122016
Transaction Date
11/142016
Wells Fargo 10100 Total
$2,942.75
Refer
39 CENTERPOINT ENERGY (MINNEG
_
Cash Payment
E 10141930-383 Gas Utilities
GAS SVC 9-20-16 TO 10-18-16
$89.78
Invoice 112216
11/82016
Cash Payment
E 22242260-383 Gas Utilities
GAS SVC 9-20-16 TO 10.18-16
$89.78
Invoice 112216
11/8/2016
Cash Payment
E 10145200-383 Gas Utilities
GAS SVC 9-20-16 TO 10-18-16
$104.64
Invoice 112216
11/82016
Cash Payment
E 10141910-383 Gas Utilities
GAS SVC 9-20-16 TO 10-18-16
$405.49
Invoice 112216
11/82016
Cash Payment
E 60249450-383 Gas Utilities
GAS SVC 9-20-16 TO 10-18.16
$63.05
Invoice 112216
11/82016
Project 16-3
Cash Payment
E 609-49750-383 Gas Utilities
GAS SVC 9.20-16 TO 10-18-16
$47.17
Invoice 112216
11/82016
Cash Payment
E 10145200-383 Gas Utilities
GAS SVC 9-20-16 TO 10-18-16 DEPOT BLDG
$42.37
Invoice 112216
11/82016
Transaction Date
11/162016
Wells Fargo 10100 Total
$842.28
Refers
9 CENTRAL MCGOWAN, INCORPOR
Cash Payment
E 60249450-210 Operating Supplies
HIGH PRESSURE CYLINDER RENTAL 2016
$17.36
Invoice 00075760 10/312016
Project 16-3
Transaction Date
3/142016
Wells Fargo 10100 Total
$17.36
Refer
3 CENTURY FENCE COMPANY
-
-2871-
CITY OF MOUND
Payments
Current Period: November 2016
Cash Payment E 28546388-400 Repairs & Maintenance FURNISH & INSTALL PARKING RAMP
PANELS
11/17/16 11:41 AM
Page 2
--L-9
$0.00
Invoice 168512701 10/31/2016
13 FRONTIER/CITIZENS COMMUNICA _
Cash Payment
Transaction Date 11/4/2016
Wells Fargo 10100 Total
$0.00
Refer~ 1
32 DOCKMASTERS OF LAKE MINNET
Invoice 112216
10/302016
Cash Payment
E 101-45200-440 Other Contractual Servic
FALL 2016 MULTIPLE DOCK SLIP REMOVAL-
$5,866.00
Cash Payment
E 60249450-321 Telephone, Cells, & Radi PHONE SVC 10-30-16- TO 11-29-16
CITY DOCK PROGRAM
10/30/2016
Invoice 202994
11/8/2016
Invoice 112216
10/302016
Cash Payment
E 28145210-440 Other Contractual Servic
FALL 2016 SURFSIDE DOCK SLIP REMOVAL
$595.00
Invoice 202994
11/8/2016
Invoice 112216
10/30/2016
Transaction Date
11/152016
Wells Fargo 10100 Total
$6,461.00
Refer
33 EDEN PRAIRIE, CITY OF
_
Cash Payment
E 22242260433 Dues and Subscriptions
2016 WAFTA DUES- FIRE DEPT
$2,000.00
Invoice 3088
11/1/2016
Transaction Date
11/152016
Wells Fargo 10100 Total
$2,000.00
Refer
10 EGAN COMPANIES
Cash Payment
E 281-45210-440 Other Contractual Servic
LOST LAKE DOCKS ELECTRICITY REPAIR-
$4,252.99
INS CLAIM
Invoice jc10146269 11/10/2016
Transaction Date
11/142016
Wells Fargo 10100 Total
$4,252.99
Refer
11 EMERYS TREE SERVICE, INCORP
_
Cash Payment
E 101-45200-533 Tree Removal
REMOVE LIMBS FROM 2 COTTONWOOD
$340.00
TREES- CHANNEL RD 10-18-16
Invoice 21019
11/22016
Transaction Date
5/222014
Wells Fargo 10100 Total
$340.00
Refer
12 FIRSTLAB ,
Cash Payment
E 101-43100-305 Medical Services
DOT PRE-EMPLOYMENT MEDICAL EXAMS-
$95.90
T. PALM & M. TESSEN
Invoice FL00160011 11/82016
Transaction Date 11/142016 Wells Fargo 10100
Refer
13 FRONTIER/CITIZENS COMMUNICA _
Cash Payment
E 101-45200-321 Telephone, Cells, & Radi PHONE SVC 10-30-16- TO 11-29-16
Invoice 112216
10/30/2016
Cash Payment
E 602-49450-321 Telephone, Cells, & Radi PHONE SVC 10-30-16- TO 11-29-16
Invoice 112216
10/302016
Cash Payment
E 609-49750-321 Telephone, Cells, & Radi PHONE SVC 10 -30 -16 -TO 11-29-16
Invoice 112216
10/302016
Cash Payment
E 60249450-321 Telephone, Cells, & Radi PHONE SVC 10-30-16- TO 11-29-16
Invoice 112216
10/30/2016
Cash Payment
E 601-49400.321 Telephone, Cells, & Radi PHONE SVC 10 -30 -i6 -TO 11-29-16
Invoice 112216
10/302016
Cash Payment
E 101-43100-321 Telephone, Cells, & Radi PHONE SVC 1030-16- TO 11-29-16
Invoice 112216
10/302016
Cash Payment
E 10141930-321 Telephone, Cells, & Radi PHONE SVC 10 -30 -16 -TO 11-29-16
Invoice 112216
10/30/2016
Cash Payment
E 222-42260.321 Telephone, Cells, & Radi PHONE SVC 10 -30 -16 -TO 11-29-16
Invoice 112216
10/30/2016
-2872-
Total $95.90
$122.93
$77.67
$604.79
$368.89
$358.04
$358.04
$904.86
$301.62
CITY OF MOUND 11/17/1611:41 AM
Page 3
Payments
Current Period: November 2016
H2_ :
$164.42
10-16
Transaction Date 11/172016
Cash Payment
E 101-41910-321 Telephone, Cells, & Red! PHONE SVC 10-30-16- TO 11-29-16
$150.81
Invoice 112216
10/30/2016
Cash Payment E 10145200.210 Operating Supplies
Project 16.3
Cash Payment
E 101-42110-321 Telephone, Cells, & Radi PHONE SVC 10 -30 -16 -TO 11.29-16
$150.81
Invoice 112216
10/30/2016
Project 16-3
$124.28
Transaction Date
11/14/2016
Wells Fargo 10100 Total
$3,398.46
Refer
53 G & K SERVICES
_
$164.42
Cash Payment
E 609-49750-460 Janitorial Services
HWS -MAT SVC & SUPPLIES 10.17-16
$109.15
Invoice 1006145146 10/17/2016
Cash Payment
E 609-49750-460 Janitorial Services
HWS -MAT SVC & SUPPLIES 10.24.16
$109.15
Invoice 1006156254 10/24/2016
Cash Payment E 10143100404 Machinery/Equip Repairs
Cash Payment
E 609.49750-460 Janitorial Services
HWS -MAT SVC & SUPPLIES 1031-16
$109.15
Invoice 1006167469 10/31/2016
Invoice 1-37924 10/312016
Cash Payment
E 609-49750-460 Janitorial Services
HWS -MAT SVC & SUPPLIES 11-7.16
$153.50
Invoice 1006178644 11/7/2016
_
Transaction Date
11/172016
Wells Fargo 10100 Total
$480.95
Refer 55 G & K SERVICES
Cash Payment E 602-49450-210 Operating Supplies
Invoice 1006133981 10/102016
Cash Payment E 60249450-210 Operating Supplies
Invoice 1006145151 10/17/2016
Cash Payment E 60249450-210 Operating Supplies
Invoice 1006156257 1024/2016
Cash Payment E 602-49450-210 Operating Supplies
Invoice 1006167475 10/31/2016
Cash Payment E 602-49450-210 Operating Supplies
SHOP SUPPLIES & MAT SVC- PUB WKS 10-
$164.42
10-16
Transaction Date 11/172016
Project 16-3
$1,084.72
SHOP SUPPLIES & MAT SVC- PUB WKS 10-
$111.87
17-16
Cash Payment E 10145200.210 Operating Supplies
Project 16.3
$104.97
SHOP SUPPLIES & MAT SVC- PUB WKS 10-
$170.52
24-16
Cash Payment E 10145200.210 Operating Supplies
Project 16-3
$124.28
SHOP SUPPLIES & MAT SVC- PUB WKS 10-
$473.49
31-16
Cash Payment E 10145200-210 Operating Supplies
Project 16-3
$104.97
SHOP SUPPLIES & MAT SVC- PUB WKS 11.7-
$164.42
16
Cash Payment E 10145200-210 Operating Supplies
Invoice 1006178647 11/72016
Project 16-3
Transaction Date 11/172016
Wells Fargo 10100 Total
$1,084.72
Refer 54 G & K SERVICES
_
Cash Payment E 10145200.210 Operating Supplies
PARKS -MAT SVC & SHOP SUPPLIES 10-17-16
$104.97
Invoice 1006145153 10/172016
Cash Payment E 10145200.210 Operating Supplies
PARKS -MAT SVC & SHOP SUPPLIES 10-24-16
$124.28
Invoice 1006156259 10/242016
Cash Payment E 10145200-210 Operating Supplies
PARKS -MAT SVC & SHOP SUPPLIES 10-31-16
$104.97
Invoice 1006167477 10/312016
Cash Payment E 10145200-210 Operating Supplies
PARKS -MAT SVC & SHOP SUPPLIES 11-7-16
$91.43
Invoice 1006178649 11(72016
Transaction Date 11/172016
Wells Fargo 10100 Total
$425.65
Refer u 14 GARY S DIESEL SERVICE
Cash Payment E 10143100404 Machinery/Equip Repairs
BRAKE CHAMBER& CLEVIS KIT- TANDEM
$0.00
STREETS VEHICLE 0605
Invoice 1-37924 10/312016
Transaction Date 11/142016
Wells Fargo 10100 Total
$0.00
Refer 15 HD SUPPLY WATERWORKS, LTD
_
-2873-
CITY OF MOUND 11/17/1611:41.AM
Page 4
Payments
Current Period: November 2016
PYA_ -'-
Cash Payment E 601-49400-210 Operating Supplies 5 FT WATER HYDRANT FLAG MARKERS $1,833.25
Invoice G299807 11/1/2016 .
Transaction Date 11/14/2016 Wells Fargo 10100 Total $1,833.25
Refer 16 HEALTH PARTNERS, INCORPORA _
Cash Payment E 101-43100-305 Medical Services DOT EXAM & PRE-EMPLOYMENT PHYSICAL $166.00
EXAM-T.PALM
Invoice 900030616 11/1/2016
Transaction Date
11/14/2016
Wells Fargo 10100 Total
$166.00
Refer-
17 HENNEPIN COUNTY INFORMATIO
PARKS & DOCKS
Cash Payment
E 602-49450-321 Telephone, Cells, & Radi
PW RADIO LEASE & ADMINISTRATION FEE -
$148.64
Cash Payment
E 281-45210-220 Repair/Maint Supply
OCTOBER 2016
$334.50
Invoice 1000083938 11/4/2016
Project 16-3
PARKS & DOCKS
Cash Payment
E 222.42260-321 Telephone, Cells, & Radi
FIRE DEPT RADIO LEASE &
$1,251.41
Transaction Date
ADMINISTRATION FEE - OCTOBER 2016
Wells Fargo 10100 Total
Invoice 1000083872 11/4/2016
Transaction Date
11/14/2016
Wells Fargo 10100 Total
$1,400.05
Refer
18 HENNEPIN COUNTY RECORDER
_
Cash Payment
G 101-26068 PC1 6-314804-4820 NORTH
ABSTRACT & TORRENS RECORDING -HENN
$46.00
CTY-PC 16-314804 NORTHERN
Invoice 112216
10/31/2016
Cash Payment
G 101-23402 1575 BLUEBIRD VAR+EXP
ABSTRACT & TORRENS RECORDING -HENN
$46.00
CTY-PC 16-28 &16-29-1575 BLUEBIRD
VARIANCE
Invoice 112216
10/31/2016
Cash Payment
G 101-26070 PC -16-34 2936 WESTEDGE
ABSTRACT & TORRENS RECORDING -HENN
$46.00
CTY-PC 16.34 2936 WESTEDGE
Invoice 112216
10/31/2016
Cash Payment
G 101-23356 4831 SHORELINE DR CUP
ABSTRACT & TORRENS RECORDING -HENN
$46.00
CTY-PC 16-64 4831 SHORELINE DR.
Invoice 112216
10/312016
Cash Payment
G 101-23344 PCI 5-23 1732 CANARY KO
ABSTRACT & TORRENS RECORDING -HENN
$46.00
CTY-PC 16-18- KOOPMAN 1732 CANARY
Invoice 112216 10/312016
Transaction Date 11/14/2016 Wells Fargo 10100 Total $230.00
Refer 40 HIGHVIEW PLUMBING, INC. _
Cash Payment E 601-49400-500 Capital Outlay FA REPAIR WORK SEWER BREAK AT STREET $2,279.60
5621 BARTLETT BLVD- 2015 BARTLETT
WATERMAIN PROJ PW 15-09
Invoice 14612 11/82016 Project PW1509
Transaction Date 11/162016 Wells Fargo 10100
Refer 19 HOME DEPOT/GECF (P/Kg
Total $2,279.60
Cash Payment
E 101-45200-220 Repair/Maint Supply
PAINT SPRAYER- GRACO PROX19 CART-
$334.50
PARKS & DOCKS
Invoice 6021064
11/8/2016
Cash Payment
E 281-45210-220 Repair/Maint Supply
PAINT SPRAYER- GRACO FROM 9 CART-
$334.50
PARKS & DOCKS
Invoice 6021064
11/8/2016
Transaction Date
11/142016
Wells Fargo 10100 Total
$669.00
Refer 20 HOVERSTEN, ERIC
-2874-
CITY OF MOUND 11/17/1611:41 AM
Page 5
Payments
Current Period: November 2016
Cash Payment
E 101-41310-331 Use of personal auto
REIMB MILEAGE- CITY MEETINGS-
$58.32
11/142016
Wells Fargo 10100 Total
MISSISSIPPI WATERSHED- MPLS, LEAGUE
47 JUBILEE FOODS
_
Cash Payment
OF MN CITIES- ST. PAUL, - E. HOVERSTEN
Invoice 112216
11/12016
OCTOBER 2016
E 609-49750-210 Operating Supplies
Invoice 112216
11!72016
10/42016
Transaction Date
11/142016
Wells Fargo 10100 Total
$58.32
Refer
21 INTEGRITY LANDSCAPE
Cash Payment
E 22242260431 Meeting Expense
Cash Payment
E 101.43100-440 Other Contractual Servic ADJUST & RESET PAVERS ALONG CURB
$750.00
SERVICES MTG 10-19-16
MEDIAN BY LOST LAKE, ON TRAIL BEHIND
TOWNHOMES, AROUND WATER VALVE AT
DRIVEWAY ON SHOREWOOD DR. ALONG
FENCE AT MOUND TRUE VALUE & PARKING
GARAGE
Invoice 112216
11172016
Transaction Date
11/142016
Wells Fargo 10100 Total
$750.00
Refer
1 (STATE TRUCK CENTER
_
Cash Payment
E 101-43100404 Machinery/Equip Repairs 2014 FREIGHTLINER- STREETS #313
$1,419.19
INSTALL UPDATE PULLY & BELT, REROUTE
HARNESS,
Invoice R241054859 11/32016
Transaction Date 11/42016
Refer — 22 JESSEN PRESS INCORPORATED
Cash Payment E 101-41110-350 Printing
Wells Fargo 10100 Total $1,419.19
PRINT, MAIL -CITY CONTACT NEWS 8 PG
MPV. DEC. JAN 20162017 --6,200 COPIES
Invoice 674247
10/31/2016
$4.99
Transaction Date
11/142016
Wells Fargo 10100 Total
Refer
47 JUBILEE FOODS
_
Cash Payment
E 609.49750-254 Soft Drinks/Mix For Resa SPRING WATER FOR RESALE- HWS
Invoice 112216
11/12016
Cash Payment
E 609-49750-210 Operating Supplies
LYSOL SANITIZING WIPES. HWS
Invoice 112216
10/42016
Cash Payment
E 222-42260-210 Operating Supplies
ICE BAGS- FIRE DEPT
Invoice 112216
10/122016
Cash Payment
E 22242260431 Meeting Expense
COOKIES, SODA FIRE DEPT SHARED
SERVICES MTG 10-19-16
Invoice 112216 10/192016
$1,470.00
$1,470.00
$3.99
$5.94
$15.96
$30.94
Cash Payment
E 60949750-254 Soft Drinks/Mix For Rasa SPRING WATER FOR RESALE- HWS
$4.99
Invoice 112216
10/252016
Transaction Date
11/172016
Wells Fargo 10100 Total
$61.82
Refer-
23 LOFFLER COMPANIES, INCORPOR
Cash Payment
E 101-41930-202 Duplicating and copying
COPY ROOM KONICA C652 - COLOR
$64.96
OVERAGE - 10-14-16 THRU 11-13-16
Invoice 2366452 1122016
Cash Payment E 101-41930-202 Duplicating and copying
Invoice 2366452 1122016
Cash Payment E 60249450-202 Duplicating and copying
Invoice 2366451 1122016
Transaction Date 11/142016
_.:— _ _._
Refer 41 MEDIACOM
COPY ROOM KONICA C652 - B & W
OVERAGE - 10-14-16 THRU 11-13-16
$187.44
KONICA MINOLTA B200 PW COPIER $6.66
OVERAGE CHG 10-10-16 THRU 11-09-16
Project 16-3
Wells Fargo 10100 Total $259.06
_,— 2875-
CITY OF MOUND 11/17/16 11:41 AM
Page 6
Payments
Current Period: November 2016
Cash Payment
E 10142110-321 Telephone, Cells, & Radi ORONO PD INTERNET SVC 411-16-16 THRU
$85.90
Cash Payment
12-15-16
OCT 2016 BUILDING INSPECTION FEES
Invoice 112216
11/62016
11/3/2016
Transaction Date 11/162016
Wells Fargo 10100 Total
$85.90
Refer
24 METROPOLITAN COUNCIL WASTE
_
+
Cash Payment
E 60249450-388 Waste Disposal-MCIS
WASTEWATER SVCS DECEMBER 2016
$55,735.75
Invoice 0001060852 .11/4/2016
Cash Payment
Transaction Date 11/142016
Wells Fargo 10100 TotalF
$55,735.75
Refer^
57 MIDWEST SERVICES
�.�
•��
Cash Payment
E 60249450-440 Other Contractual Servic
MECHANIC SVCS OCT 2016- TRUCK #313 &
$580.00
Transaction Date
11/142016
#109
$20,933.03
Invoice 1303
11/52016
_
Cash Payment
E 60249450440 Other Contractual Servic
MECHANIC SVCS OCT 2016- TRUCK #214,
$640.00
#605, #512
Invoice 1303
11/52016
Cash Payment
E 60249450440 Other Contractual Servic
MECHANIC SVCS OCT 2016- DOT
$680.00
INSPECTION, -TRUCK #1604, #605, WLLL #3
GENERATOR, TRUCK #214
Invoice 1303
11/52016
Cash Payment
E 602-49450440 Other Contractual Servic
MECHANIC SVCS OCT 2016- TYMCO
$640.00
SWEEPER, TRUCK 3109,VACCON, REPLACE
EMPTY 55 GAL OIL DRUM
Invoice 1303
11/52016
Cash Payment
E 602-49450440 Other Contractual Servic
MECHANIC SVCS OCT 2016- TRUCK #1604.
$640.00
DOT INSPECTION, PELICAN SWEEPER,
BAYWOOD SHORES LIFT STATION
GENERATOR,
Invoice 1303
11/52016
Transaction Date
11/17/2016 Wells Fargo 10100 Total
$3,180.00
Refer
34 MINNESOTA EQUIPMENT- SCHAR
Cash Payment
E 22242260.409 Other Equipment Repair
CARB KIT- FIRE DEPT
$25.94
Invoice P51115 1122016
Transaction Date 11/152016 Wells Fargo 10100 Total $25.94
Refer 46 MINNESOTA VALLEY TESTING LA _
Cash Payment E 60149400470 Water Samples MONTHLY CHLORINE REPORT & COLIFORM $77.50
WATER TESTS -10
Invoice 837543 11/14/2016
Transaction Date 11/162016 Wells Fargo 10100 Total $77.50
Refer
25 MNSPECT
_
Cash Payment
E 10142400-308 Building Inspection Fees
OCT 2016 BUILDING INSPECTION FEES
$21,432.03
Invoice 6896
11/3/2016
Cash Payment
G 101-20800 Due to Other Governments
OCT 2016 - ELECTRICAL STATE
-$30.00
SURCHARGE FEE CREDIT
Invoice 6896
11/32016
Cash Payment
R 10142000-32220 Electrical Permit Fee
OCT 2016 ELECTRICAL INSPECTION
-$469.00
PERMIT FEE CREDITS
Invoice 6896
11/3/2016
Transaction Date
11/142016
Wells Fargo 10100 Total
$20,933.03
Refer
---
6 MUELLER, WILLIAM AND SONS, IN
_
-2876-
CITY OF MOUND
Payments
Current Period: November 2016
Cash Payment E 101-43100-224 Street Maint Materials
Invoice 219068 10/19/2016
11/17/16 11:41 AM
Page 7
SIZE A BLACK DIRT- 3.0 TON 10-19-16 $169.20
Transaction Date 11/4/2016 Wells Fargo 10100 Total $169.20
Refer,- �.. 56 NAPA AUTO PARTS - SPRING PAR
Cash Payment E 602-49450-404 Machinery/Equip Repairs HUBCAP- 2004 STERLING DUMP TRUCK- $23.78
SEWER DEPT
Invoice 998624 10/14/2016
Transaction Date 11/17/2016 Wells Fargo 10100 Total $23.78
Refer 26 NEWMAN SIGNS, INC. �.
Cash Payment E40143116-300 Professional Srvs
Invoice TI -0304179 11/7/2016
Cash Payment E 401-03136-300 Professional Srvs
Invoice TI -0304179 11!7/2016
Cash Payment E 40143146-300 Professional Srvs
Invoice TI -0304179 11/7/2016
SIGN MATERIALS- SIGNAGE FOR 2016 $661.41
STREET PROJECT PW 16-01 - BARTLETT
BLVD
Project PW1601
SIGN MATERIALS- SIGNAGE FOR 2016 $661.41
STREET PROJECT PW 16-02 - TUXEDO
BLVD
Project PW1602
SIGN MATERIALS- SIGNAGE FOR 2016 $661.41
STREET PROJECT PW 16-03 - CYPRESS
MAYWOOD
Project PW1603
Transaction Date 11/14/2016 Wells Fargo 10100 Total $1,984.23
Refer 27 OFFICE DEPOT
Cash Payment E 101-41930-200 Office Supplies COLORED COPY PAPER -CITY HALL- $21.90
WRITING PADS, FILE FOLDERS
Invoice 876079760001 11/12016 PO 24671
Cash Payment E 101-41930-200 Office Supplies 11 X 17 COPY PAPER -CITY HALL $18.19
Invoice 876079700001 11/12016 PO 24671
Cash Payment E 101-01410-200 Office Supplies DYMO LABELS- ELECTIONS
Invoice 876079760001 11/12016 P024671
$12.50
Transaction Date 11/142016 Wells Fargo 10100 Total $52.59
Refer
42 OFFICE DEPOT
_
Cash Payment
E 101-01410-200 Office Supplies
DYMO ADDRESS LABELS & BLACK PENS-
$16.01
ELECTIONS
Invoice 878164892001 11/92016 PO 24672
Cash Payment
E 602-49450-200 Office Supplies
PRINTER CARTRIDGES- BLACK, MAGENTA,
$323.98
CYAN, YELLOW- PUB WRKS
Invoice 878164892001 11/92016 PO 24672
Cash Payment
E 609-49750-200 Office Supplies
LASER JET TONER CARTRIDGES- HWS
$465.71
Invoice 876975430001 11/42016 PO 23475
Transaction Date
11/162016
�-_:,�...,�._,
Wells Fargo 10100 Total
• �_ �=,.w...�..r...�.� M'
$805.70
Refer �
28 RAYS SERVICES
Cash Payment
E 401-43135-300 Professional Srvs
REMOVAL OF ROTTEN TREE @
$1,865.00
WATERBURY & TUXEDO- 2015 STREET
PROJ PW 15-02
Invoice 112216 11/92016
Cash Payment E 401-43135-300 Professional Sms
Invoice 112216 11/9/2016
REMOVAL OF 11 TREES IN SWAMP @ 4997 $7,200.00
TUXEDO- 2015 STREET PROJ PW 15.02
-2877-
CITY OF MOUND
Payments
Current Period: November 2016
Cash Payment E 101-45200-533 Tree Removal STUMP GRINDING @ DOONE PARK- 9 ASH
TREE STUMPS
Invoice 112216 11/9/2016
Transaction Date 11/14/2016
11/17/1611:41 AM
Page 8
$1,306.00
Wells Fargo 10100 Total $10,373.00
Refer A
29 REPUBLIC SERVICES
ALARM & DETECTION MONITORING 12-01-16
Cash Payment
E 602-49450-384 Refuse/Garbage Dispose NOV 2016 GARBAGE SVC
$103.30
Invoice 0894-004211745
10/25/2016
Invoice 79005977
Cash Payment
E 67049500-440 Other Contractual Servic OCT 2016 CITY-WIDE RECYCLING SVC
$12,991.77
Invoice 0894-004215044 10/25/2016
11/152016
Transaction Date
11/142016 Wells Fargo 10100 Total
$13,095.07
Refer
30 ROBERTS, COLLETTE
Cash Payment
E 10141500.434 Conference & Training REIMB MILEAGE- GOVT PAYROLL SEMINAR -
$36.72
$82.83
EAGAN 10-27-16- C. ROBERTS
Invoice 112216
11/8/2016
Invoice 78313940 1122016
Transaction Date
11/142016 Wells Fargo 10100 Total
$36.72
Refer
38 SIMPLEX GRINNELL _
$82.82
Cash Payment
E 10141930440 Other Contractual Servic ALARM & DETECTION MONITORING 12-01-16
$187.50
THRU 11-30-17 CITY HALL
Invoice 79005977 10/31/2016
Cash Payment
E 222-42260440 Other Contractual Servic
ALARM & DETECTION MONITORING 12-01-16
$187.50
THRU 11-30-17 FIRE DEPT
Invoice 79005977
10/31/2016
Transaction Date
11/152016
Wells Fargo 10100 Total
$375.00
Refer-
35 SITE ONE LANDSCAPE SUPPLY,L
Cash Payment
E 10141930400 Repairs & Maintenance
IRRIGATION CONNECTORS, PARTS- PUBLIC
$82.83
SAFETY BLDG
Invoice 78313940 1122016
Cash Payment
E 22242260402 Building Maintenance
IRRIGATION CONNECTORS, PARTS- PUBLIC
$82.82
SAFETY BLDG
Invoice 78313940 112/2016
Transaction Date
11/152016
Wells Fargo 10100 Total
$165.65
Refer
36 SOUTH SIDE ELECTRIC, INC
Cash Payment
E 28145210440 Other Contractual Servic
LOST LAKE DOCKS ELECTRICITY REPAIR
$1,153.74
INSURANCE CLAIM
Invoice 341071
9/72016
Transaction Date
11/15/2016
Wells Fargo 10100 Total
r• —�� »��_��,
$1,153.74
Refer-�
31 SOUTHWEST NEWS MEDIA
Cash Payment
E 60949750-340 Advertising
FALL WINE SALE ADS LAKESHORE WEEKLY
$946.40
NEWS 104-16 THRU 10-20-16 HWS
Invoice 1905776
10/312016
Cash Payment
E 60949750-340 Advertising
LIFESTYLE ANNUAL BUSINESS MAGAZINE
$805.00
ADVERTISING 10-25-16 HWS
Invoice 1908769
10/31/2016
Transaction Date
11/152016
Wells Fargo 10100 Total
$1,751.40
Refer
5 SUN PATRIOT NEWSPAPER -CITY _
Cash Payment
E 10142400-351 Legal Notices Publishing
PLANNING COMMISSIONER VACANCIES -AD
$144.00
10-29-16
Invoice 424971 10/302016
-2878-
CITY OF MOUND 11/17/16 11:41 AM
Page 9
Payments
Current Period: November 2016
-
Cash Payment
E 101-01410-351 Legal Notices Publishing
LEGAL NTCE - ELECTION SAMPLE BALLOT
$138.78
PUBLISHED 10-29-16
Invoice 424612
10129/2016
Cash Payment
E 401-43117-351 Legal Notices Publishing
LEGAL PUB HEARING NICE- 2017
$61.68
LYNWOOD/FAIRVIEW STREET IMPROV
PROJ PW17-01 PUB 10-22-16,10-29-16
Invoice 424613
10/29/2016
Project PW1701
Cash Payment
E 40143137-351 Legal Notices Publishing
LEGAL PUB HEARING NTCE- 2017
$69.39
WILSHIRE/MAYWOOD STREET IMPROV
PROJ PW17-02 PUB 10-22-16,10-29-16
Invoice 424614
10/29/2016
Project PW1702
Cash Payment
E 40143147-351 Legal Notices Publishing
LEGAL PUB HEARING NTCE- 2017 TUXEDO
$61.68
BLVD PHASE III STREET IMPROV PROJ
PW17-03 PUB 10-22-16,10-29-16
Invoice 424615
10/29/2016
Project PW1703
Cash Payment
E 101.42400-351 Legal Notices Publishing
PLANNING COMMISSIONER VACANCIES -AD
$144.00
11-05-16
Invoice 427085
11/6/2016
Transaction Date 11/4/2016 Wells Fargo 10100 Total
$619.53
Refer
48 UNIFIRST CORPORATION _
Cash Payment
E 101-45200-218 Clothing and Uniforms
UNIFORM SVC PARKS 10-12-16
$44.99
Invoice 0900327216 10/12/2016
Cash Payment
E 10145200-218 Clothing and Uniforms
UNIFORM SVC PARKS 10-19-16
$44.99
Invoice 0900328294 10/19/2016
Cash Payment
E 10145200-218 Clothing and Uniforms
UNIFORM SVC PARKS 10-26-16
$44.99
Invoice 0900329400 10/26/2016
Cash Payment
E 101-45200-218 Clothing and Uniforms
UNIFORM SVC PARKS 11-02-16
$45.39
Invoice 0900330491 11/2/2016
Transaction Date
11117/2016 Wells Fargo 10100 Total
$180.36
Refer
49 UNIFIRST CORPORATION
Cash Payment
E 602-49450-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-12-16
$20.96
Invoice 0900327215 10/12/2016
Cash Payment
E 601-49400-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-12-16
$15.46
Invoice 0900327215 10/12/2016
Cash Payment
E 101-43100-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-12-16
$34.17
Invoice 0900327215 10/12/2016
Transaction Date
11/17/2016 Wells Fargo 10100 Total
$70.59
Refer
50 UNIFIRST CORPORATION -
Cash Payment
E60249450-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-19-16
$20.96
Invoice 0900328293 10/19/2016
Cash Payment
E 601-49400-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-19-16
$15.46
Invoice 0900328293 10/19/2016
Cash Payment
E 10143100-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-19-16
$34.17
Invoice 0900328293 10/19/2016
Transaction Date
11/17/2016 Wells Fargo 10100 Total
$70.59
Refer
51 UNIFIRST CORPORATION _
Cash Payment
E 60249450-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-26-16
$20.96
Invoice 0900329399 10126/2016
Cash Payment
E 60149400-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-26-16
$15.46
Invoice 0900329399 10/26/2016
-2879-
CITY OF MOUND 11/17/1611.41 AM
Page 10
Payments
Current Period: November 2016
It . ra
Cash Payment
E 101-43100-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 10-26-16
$34.17
Invoice 0900329399 10/262016
Transaction Date
11/172016
Wells Fargo 10100 Total ,
$70.59
Refer
52 UNIFIRST CORPORATION
_
Cash Payment
E 602-49450-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 11-02-16
$20.96
Invoice 0900330490 1122016
Cash Payment
E 601-49400-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 11-02-16
$15.46
Invoice 0900330490 11/22016
Cash Payment
E 101-43100-218 Clothing and Uniforms
UNIFORM SVC PUBLIC WORKS 11-02-16
$34.17
Invoice 0900330490 112/2016
Transaction Date
11/172016
Wells Fargo 10100- Total
= $70.59
Refer
43 UNITED FARMERS COOPERATIVE
Cash Payment
E 101-45200-404 Machinery/Equip Repairs 2 SEMI PNEUMATIC WHEELS RETRO FIT,
$145.03
BULK BOLTS, NUTS- STIGA SWEEPER
PARKS DEPT
Invoice 826449
112/2016
Transaction Date
11/162016
Wells Fargo 10100 Total
$145.03
Refer
37 VESSCO, INCORPORATED
_
Cash Payment
E 501-49400-210 Operating Supplies
FLEX TUBING 3/8" WATER DEPT
$97.91
Invoice 67733
11/1/2016
Transaction Date
11/152016
Wells Fargo 10100 Total
$97.91
44 WATER CONSERVATION SERVICE
_Refer
Cash Payment
E 601-49400-440 Other Contractual Servic JUNE 2016 WATER SYSTEM LEAK SURVEY,
$2,700.00
LEAK LOCATES FROM SURVEY, REPORT
Invoice 6985
8/31/2016
Transaction Date
11/162016
Wells Fargo 10100 Total
����r�y�Mi�4-'�*�•c�-�s�`-�
$2,700.00
Refer � _.S2lNESTSIDE
WHOLESALE TIRE AND
Cash Payment
E 101-43100404 Machinery/Equip Repairs 2 TIRES
$426.12
Invoice 778361
11/32016
Transaction Date
11/42016
Wells Fargo10100_ Total
$426.12
Refer
45 XCEL ENERGY
Cash Payment
E 10143100-381 Electric Utilities
ELECTRIC SVC 10-03-16 THRU 11-02-16 CITY
$4,821.90
OWNED STREET LIGHTS
Invoice 522932213 11/3/2016
Transaction Date
11/162016
Wells Fargo 10100 Total
$4,821.90
Refer
4 ZIEGLER, INCORPORATED
_
Cash Payment
E 601-49400400 Repairs & Maintenance
TROUBLESHOOT & REPAIR GENERATOR-
$8,787.73
EVERGREEN RD
Invoice SW050264981 10/312016
Transaction Date
11/42016
Wells Fargo 10100 Total
$8,787.73
CITY OF MOUND
Payments
Current Period: November 2016
Fund Summary
10100 Wells Fargo
101 GENERAL FUND
$44,126.34
222 AREA FIRE SERVICES
$3,985.97
281 COMMONS DOCKS FUND
$6,336.23
285 MOUND HRA
$0.00
401 GENERAL CAPITAL PROJECTS
$14,184.73
601 WATER FUND
$16,195.87
602 SEWER FUND
$61,217.64
609 MUNICIPAL LIQUOR FUND
$3,364.94
670 RECYCLING FUND
$12,991.77
$162,403.49
Pre -Written Checks $0.00
Checks to be Generated by the Computer $162,403.49
Total $162,403.49
11/17/16 11:41 AM
Page 11
CITY OF MOUND
Payments
Current Period: November 2016
2.y�eer -.-
Batch Name 112216HWS User Dollar Amt $49,893.72
Payments Computer Dollar Amt $49,893.72
$0.00 In Balance
Refer 1 ARCTIC GLACIER PREMIUM ICE
11/17/16 11:42 AM
Page 1
Cash Payment E 609-49750-255 Misc Merchandise For R
ICE
$197.64
Invoice 1922631004 11/5/2016
Cash Payment E 609-49750-255 Misc Merchandise For R
ICE
$112.68
Invoice 1921631608 11111/2016
Transaction Date 11/15/2016 Due 12/31/2014
Wells Fargo 10100 Total
$310.32
Refer 2 ARTISAN BEER COMPANY
_
Cash Payment E 609-49750-252 Beer For Resale
BEER
$934.00
Invoice 3137460 11/3/2016
Cash Payment E 609-49750.252 Beer For Resale
BEER CREDIT
-$91.00
Invoice 363692 10/25/2016
Cash Payment E 609-49750-252 Beer For Resale
BEER CREDIT
-$141.75
Invoice 363536 10/24/2016
Cash Payment E 609-49750-252 Beer For Resale
BEER CREDIT
-$2.25
Invoice 363537 10/24/2016
Cash Payment E 609-49750-252 Beer For Resale
BEER CREDIT
-$64.00
Invoice 363538 10/24/2016
Transaction Date 11/15/2016
Wells Fargo 10100 Total
$635.00
Refer, 3 BELLBOY CORPORATION
_
Cash Payment E 609-49750-210 Operating Supplies
SUPPLIES, BAGS
$21.67
Invoice 94899000 11/11/2016
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa
MIX
$22.00
Invoice 94899000 11/11/2016
Cash Payment E 609-49750-255 Misc Merchandise For R
MDSE- CHAMPAGNE FLUTES, PLASTIC
$156.90
CLEAR LO -BALL CUPS, VACU VIN WINE
STOPPERS
Invoice 94867000 11/4/2016
Transaction Date 11/15/2016
Wells Fargo 10100 Total
$200.57
Refer 4 BELLBOY CORPORATION
_
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$1,328.55
Invoice 56137500 11/4/2016
Cash Payment E 609-49750-265 Freight
FREIGHT
$20.15
Invoice 56137500 11/4/2016
Cash Payment E 609-49750-251 Liquor For Resale
LIQUOR
$704.20
Invoice 56240100 11/11/2016
Cash Payment E 609-49750-265 Freight
FREIGHT
$12.46
Invoice 56240100 11/112016
Cash Payment E 60949750-251 Liquor For Resale
LIQUOR
$2,380.90
Invoice 56158200 11/7/2016
Transaction Date 11/152016
Wells Fargo 10100 Total
$4,446.26
30 BELLBOY CORPORATION
_Refer
Cash Payment E 60949750-251 Liquor For Resale
LIQUOR CREDIT
.$120.00
Invoice 55393400 9/14/2016
Cash Payment E 609-49750-265 Freight
FREIGHT CREDIT
-$1.55
Invoice 55393400 9/142016
-2882_
CITY OF MOUND
Payments
Current Period: November 2016
11 /17/16 11:42 AM
Page 2
Invoice 328286 11/92016
Cash Payment
E 60949750-252 Beer For Resale BEER
$256.95
Invoice 328287
Cash Payment
E 609-49750-251 Liquor For Resale
LIQUOR CREDIT
-$281.00
Invoice 56160900 11/7/2016
Refer
6 BREAKTHRU BEVERAGE MN BEE _
Cash Payment
E 60949750-265 Freight
FREIGHT CREDIT
-$1.55
Invoice 56160900 11/7/2016
9 COCA COLA BOTTLING -MIDWEST
Transaction Date
11/172016
Wells Fargo 10100
Total -$404.10
Refer -�i z
5 BERNICKS BEVERAGES AND VEN
Cash Payment E 60949750-253 Wine For Resale
WINE
Cash Payment
E 60949750-254 Soft Drinks/Mix For Resa MIX
$10.40
Invoice 328286 11/92016
Cash Payment
E 60949750-252 Beer For Resale BEER
$256.95
Invoice 328287
11/92016
Invoice 67-915
Transaction Date
11/152016 Walls Fargo 10100
Total $267.35
Refer
6 BREAKTHRU BEVERAGE MN BEE _
11/15/2016
Cash Payment
E 60949750-252 Beer For Resale BEER
$254.00
Invoice 1090633536 11/32016
Cash Payment E 60949750-252 Beer For Resale
BEER
$2,478.93
Invoice 1090635636 11/9/2016
$643.00
Invoice 67-915
Transaction Date 11/152016
Wells Fargo 10100
�` ���-���
Total $2,732.93
:�"� •-�_.....
Refer 7 BREAKTHRU BEVERAGE MN WINE
_
11/15/2016
Cash Payment E 60949750-253 Wine For Resale
WINE
$1,428.12
Invoice 1080552647 11/10/2016
9 COCA COLA BOTTLING -MIDWEST
Cash Payment E 60949750-251 Liquor For Resale
LIQUOR
$2,163.76
Invoice 1080552645 11/102016
$227.52
Cash Payment E 60949750-253 Wine For Resale
WINE
$210.00
Invoice 1080552648 11/10/2016
Cash Payment
E 60949750-254 Soft Drinks/Mix For Resa COCA COLA PRODUCTS- MIX
Cash Payment E 60949750-254 Soft Drinks/Mix For Resa MIX
$68.81
Invoice 1080552646 11/102016
Transaction Date 11/1512016 Wells Fargo 10100 Total $3,870.69
Refer 8 CLEAR RIVER BEVERAGE CO
Cash Payment
E 60949750-252 Beer For Resale
BEER
$643.00
Invoice 67-915
11/3/2016
Transaction Date
11/15/2016
Wells Fargo 10100
Total
$643.00
Refer
9 COCA COLA BOTTLING -MIDWEST
Cash Payment
E 60949750-254 Soft Drinks/Mix For Resa COCA COLA PRODUCTS- MIX
$227.52
Invoice 3601201605 11/82016
Cash Payment
E 60949750-254 Soft Drinks/Mix For Resa COCA COLA PRODUCTS- MIX
$148.52
Invoice 3601201699 11/15/2016
Transaction Date
11/15/2016
Wells Fargo 10100
Total
$376.04
Refer
10 DAHLHEIMER BEVERAGE LLC
_
Cash Payment
E 60949750-252 Beer For Resale
BEER
$1,085.90
Invoice 1223983
11/92016
Transaction Date
11/152016
Wells Fargo ! 10100 �!
Total .r
$1,085.90
Refer ., —�II
HOHENSTEINS, INCORPORATED
Cash Payment
E 60949750.252 Beer For Resale
BEER
$1,251.00
Invoice 860036
11/10/2016
Transaction Date
11/152016
Wells Fargo 10100
Total
$1,251.00
Refer 12 J & N SPECIALTY IMPORTS, LLC _ -2883-
CITY OF MOUND 11/17/1611:42 AM
Page 3
Payments
Current Period: November 2016
4M A<11111i 1 -
Cash Payment
E 609-49750-253 Wine For Resale
WINE
$295.56
Invoice 4007
11/11/2016
$36.00
Invoice 5582790
Transaction Date
11/152016
Wells Fargo 10100
Total $295.56
Refer ..�..
13 JJ TAYLOR. DISTRIBUTING MINN
$3,616.81
Invoice 5582788
Cash Payment
E 60949750-252 Beer For Resale
BEER
$40.00
Invoice 2577918
11/9/2016
$4,324.90
Invoice 5582789
Cash Payment
E 60949750-252 Beer For Resale
BEER
$3,695.04
Invoice 2577919 11/92016
Transaction Date 11/152016 Wells Fargo 10100 Total $3,735.04
Refer 14 JOHNSON BROTHERS LIQUOR -
Cash Payment E 60949750-251 Liquor For Resale LIQUOR CREDIT -$142.00
Invoice 598808 11/12016
Cash Payment E 60949750-253 Wine For Resale WINE CREDIT -$42.05
Invoice 598147 10/27/2016
Cash Payment E 60949750-251 Liquor For Resale LIQUOR CREDIT -$47.67
Invoice 597913 1026/2016
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR CREDIT -$142.00
Invoice 598809 11/12016
Transaction Date 11/152016 Wells Fargo 10100 Total -$373.72
Refer
15 JOHNSON BROTHERS LIQUOR
-
$679.23
Cash Payment
E 609-49750-254 Soft Drinks/Mix For Resa MIX
$36.00
Invoice 5582790
11/92016
E 60949750.382 Water Utilities
WATER SERVICE 9-1-16 THRU 10-3-16 HWS
Cash Payment
E 60949750-251 Liquor For Resale
LIQUOR
$3,616.81
Invoice 5582788
11/92016
11/152016
Wells Fargo 10100 Total
Cash Payment
E 60949750-253 Wine For Resale
WINE
$4,324.90
Invoice 5582789
11/92016
E 609-49750-253 Wine For Resale
WINE
Transaction Date
11/152016
Wells Fargo 10100
Total $7,977.71
Refer
18 MILLNER HERITAGE VINEYARD &
-
FREIGHT
Cash Payment
E 60949750-253 Wine For Resale
WINE
$81.00
Invoice 21916-6
11/92016
Cash Payment
E 60949750-252 Beer For Resale
BEER
$54.00
Invoice 21916-7 11/92016
Transaction Date 11/162016 Wells Fargo 10100 Total $135.00
Refer 16 MOUND MARKETPLACE ASSOC _
Cash Payment E 60949750.412 Building Rentals DEC 2016 COMMON AREA MTCE & $679.23
INSURANCE HWS
Invoice 112216 12/12016
Transaction Date
11/152016
Wells Fargo 10100 Total
$679.23
Refer
17 MOUND, CITY OF
_
Cash Payment
E 60949750.382 Water Utilities
WATER SERVICE 9-1-16 THRU 10-3-16 HWS
$62.01
Invoice 112216
10202016
Transaction Date
11/152016
Wells Fargo 10100 Total
$62.01
Refer
19 PAUSTIS AND SONS WINE COMPA
_
Cash Payment
E 609-49750-253 Wine For Resale
WINE
$919.00
Invoice 8568556
11/72016
Cash Payment
E 60949750-265 Freight
FREIGHT
$8.75
Invoice 8568556
11/7/2016
_2884_
CITY OF MOUND
Payments
Current Period: November 2016
11/17/16 11:42 AM
Page 4
Transaction Date 11/152016 Wells Fargo 10100 Total $2,024.58
Refer 20 PHILLIPS WINE AND SPIRITS, INC
Cash Payment
E 60949750-253 Wine For Resale
WINE
Cash Payment E 60949750-253 Wine For Resale
WINE
$1,609.83
Invoice 8569384 11/14/2016
Cash Payment
Cash Payment E 609-49750-265 Freight
FREIGHT
$22.50
Invoice 8569384 11/14/2016
11/9/2016
Cash Payment E 60949750-253 Wine For Resale
WINE CREDIT
-$264.00
Invoice 8563854CM 929/2016
$80.00
Invoice 2073197
Cash Payment E 60949750-265 Freight
FREIGHT CREDIT
-$3.75
Invoice 8563854CM 9/292016
11/152016
Wells Fargo 10100
Cash Payment E 60949750-253 Wine For Resale
WINE CREDIT
-$264.00
Invoice 8563854PP 10/13/2016
Cash Payment
Cash Payment E 60949750-265 Freight
FREIGHT CREDIT
-$3.75
Invoice 8563854PP 10/132016
Transaction Date 11/152016 Wells Fargo 10100 Total $2,024.58
Refer 20 PHILLIPS WINE AND SPIRITS, INC
Cash Payment
E 60949750-253 Wine For Resale
WINE
$1,166.40
Invoice 2071276
11/92016
Cash Payment
E 60949750-251 Liquor For Resale
LIQUOR
$1,772.54
Invoice 2071275
11/9/2016
Cash Payment
E 60949750-253 Wine For Resale
WINE
$80.00
Invoice 2073197
11/142016
_
Transaction Date
11/152016
Wells Fargo 10100
Total $3,018.94
Refer
21 PHILLIPS WINE AND SPIRITS, INC
VENT ON ROOF- WATER LEAKED IN- HWS
Cash Payment
E 60949750-251 Liquor For Resale
LIQUOR CREDIT
-$110.65
Invoice 249752 11/1/2016
Cash Payment E 609-49750-253 Wine For Resale WINE CREDIT
Invoice 249487 1027/2016
-$13.35
Transaction Date 11/152016 Wells Fargo 10100 Total -$124.00
Refer 22 RED BULL DISTRIBUTION CO. INC
Cash Payment E 60949750-254 Soft Drinks/Mix For Resa -MIX $110.20
Invoice 13543-569 11/102016
Transaction Date 11/15/2016 Wells Fargo 10100 Total $110.20
Refer 23 SOUTHERN WINE & SPIRITS OF M
Cash Payment
E 60949750-253 Wine For Resale
WINE
$3,066.08
Invoice 1473734
11/102016
Cash Payment
E 609-49750-251 Liquor For Resale
LIQUOR
$2,033.49
Invoice 1473733
11/102016
Transaction Date
11/152016
Wells _ 10100 Total
$5,099.57
Refer
24 ST. CLOUD REFRIGERATION, INC
_
Cash Payment
E 60949750400 Repairs & Maintenance
HVAC REPAIR PANEL BLEW OFF COLD AIR
$201.00
VENT ON ROOF- WATER LEAKED IN- HWS
Invoice W10551 10/31/2016
Transaction Date 11/152016 Wells Fargo 10100 Total $201.00
Refer 25 THORPE DISTRIBUTING COMPAN _
Cash Payment E 609-49750-252 Beer For Resale BEER $3,587.10
Invoice 1167999 11/8/2016
Cash Payment E 60949750-252 Beer For Resale BEER $188.55
Invoice 1167800 11/82016 -2885-
CITY OF MOUND
Payments
11/17/16 11:42 AM
Page 5
Refer 28 WINE COMPANY
Cash Payment
Current Period: November 2016
WINE
Cash Payment
E 60949750-252 Beer For Resale
BEER
$4,420.27
Invoice 1171389
11/15/2016
E 60949750-265 Freight
FREIGHT
Transaction Date
11/15/2016
Wells Fargo 10100
Total $8,195.92
Refer
26 VINOCOPIA, INCORPORATED
_
WINE
Cash Payment
E 60949750-251 Liquor For Resale
LIQUOR
$148.75
Invoice 0165369
11/3/2016
E 60949750-265 Freight
FREIGHT
Cash Payment
E 60949750-265 Freight
FREIGHT
$2.00
Invoice 0165369
11/32016
11/152016
Wells Fargo 10100
Cash Payment
E 609-49750-253 Wine For Resale
WINE
$336.00
Invoice 0165370
11/3/2016
Cash Payment
E 60949750-265 Freight
FREIGHT
$4.00
Invoice 0165370
11/3/2016
Cash Payment
E 60949750-254 Soft Drinks/Mix For Rasa SODA
$120.00
Invoice 0165368
11/3/2016
Cash Payment
E 60949750-265 Freight
FREIGHT
$12.00
Invoice 0165368
11/3/2016
Cash Payment
E 60949750-251 Liquor For Resale
LIQUOR
$1,307.67
Invoice 0165806
11/102016
Cash Payment
E 609-49750-265 Freight
FREIGHT
$21.00
Invoice 0165806
11/10/2016
Transaction Date
11/152016
Wells Fargo 10100
Total $1,951.42
Refer
27 WACONIA BREWING COMPANY
_
Cash Payment
E 60949750-252 Beer For Resale
BEER
$282.80
Invoice 4115
11/8/2016
Transaction Date
1 111 62 01 6
Wells Fargo .10100
Total $282.80
Refer 28 WINE COMPANY
Cash Payment
E 60949750-253 Wine For Resale
WINE
$344.00
Invoice 19122
11/32016
Cash Payment
E 60949750-265 Freight
FREIGHT
$6.30
Invoice 19122
11/3/2016
Cash Payment
E 60949750-253 Wine For Resale
WINE
$200.00
Invoice 19756
11/10/2016
Cash Payment
E 60949750-265 Freight
FREIGHT
$4.20
Invoice 19756
11/10/2016
Transaction Date
11/152016
Wells Fargo 10100
Total $554.50
Refer 29 WINE MERCHANTS _
Cash Payment E 60949750-253 Wine For Resale WINE $701.00
Invoice 7106960 11/9/2016
Cash Payment E 60949750-253 Wine For Resale WINE CREDIT -$48.00
Invoice 710724 11/8/2016
Transaction Date 11/152016 Wells Fargo 10100 Total $653.00
CITY OF MOUND 11 /1 7/16 11:42 AM
Page 6
Payments
Current Period: November 2016
Fund Summary
10100 Wells Fargo
609 MUNICIPAL LIQUOR FUND $49,893.72
$49,893.72
Pre -Written Checks $0.00
Checks to be Generated by the Computer $49,893.72
Total $49,893.72
MOUND CITY COUNCIL MINUTES
October 25, 2016
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
T uesday, October 25, 2016, at 7:00 p.m. in the council chambers of the Centennial Building.
Members present: Mayor Mark Wegscheid, Council Members Kelli Gillispie, Ray Salazar, Heidi
Gesch, and Jennifer Peterson
Members absent: none
Others present: City Manager and Public Works Director Eric Hoversten, Administrative
Assistant Mary Mackres, Community Development Director Sarah Smith, Director of Finance
and Administrative Services Catherine Pausche, Nicole Brodzik, Aubrie Gould, Megan
Lachenmayer, Blake Hopkins, Jan Callison, George Linkert, Andrew Whitmore, Ariel Crawford,
Noah Brammer, Kari Johnson, Neil Schmalz, Grant Sterne, Katie Priercz, Shane Wiskos, Calvin
Christenson, Alex Otteson, and Bobby Kohman.
Consent agenda: All items listed under the Consent Agenda are considered to be routine in
nature by the Council. There will be no separate discussion on these items unless a Council
Member or citizen so requests, in which event it will be removed from the Consent Agenda and
Considered in normal sequence.
1. Open meeting
Mayor Wegscheid called the meeting to order at 7:06 p.m.
2. Pledge of Allegiance
Mayor Wegscheid introduceD high school students in the audience and asked the group to
select a representative to come forward.
Noah Brammer, 5880 Sunnybrook Lane, Minnetrista, stated the majority of the students at the
meeting tonight are from Mr. Heal's Advanced Government class.
Wegscheid pointed out to the students that the Council is also a body that has been selected by
the community to represent them.
3. Approve agenda
Hoversten noted a replacement page 2682 has been provided which specifies the estimated
value for the developer items. Hoversten apologized for omitting the County
Commissioner's update and request that be added as Item 5.1 to the agenda.
MOTION by Salazar, seconded by Gesch, to approve the agenda as amended.
All voted in favor. Motion carried.
4. Consentagenda
MOTION by Salazar, seconded by Gesch, to approve the consent agenda.
Upon roll call vote, All voted in favor. Motion carried.
A. Approve payment of claims in the amount of $865,908.56
Mound City Council Minutes —Oct. 25, 2016
B. Approve Resolutions Receiving Feasibility Reports and Setting Public Improvement
Hearings:
a. RESOLUTION NO. 16-133: RESOLUTION RECEIVING FEASIBILITY
REPORT AND CALLING FOR HEARING ON THE 2017 STREET, UTILITY,
AND RETAINING WALL IMPROVEMENT PROJECT - LYNWOOD
BOULEVARDIFAIRVIEW LANE, CITY PROJECT NO. PW -17-01
b. RESOLUTION NO. 16-134: RESOLUTION RECEIVING REASIBILITY
REPORT AND CALLING FOR HEARING ON THE 2017 STREET, UTILITY,
AND RETAINING WALL IMPROVEMENT PROJECT - WILSHIRE
BOULEVARD/MAYWOOD ROAD/HIDDENVALE LANE, CITY PROJECT NO.
PW -17-02
c. RESOLUTION NO. 16-135: RESOLUTION RECEIVING FEASIBILITY
REPORT AND CALLING FOR HEARING ON THE 2017 STREET, UTILITY,
AND RETAINING WALL IMPROVEMENT PROJECT - TUXEDO BOULEVARD
- PHASE III, CITY PROJECT NO. PW -17-03
C. RESOLUTION NO. 16-136: RESOLUTION APPROVING MASTER PARTNERSHIP
CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION
D. RESOLUTION NO. 16-137: RESOLUTION APPROVING CHANGE ORDER NO. 1,
2016 STREET, UTILITY & RETAINING WALL IMPROVEMENTS - BARTLETT
BOULEVARD, CITY PROJECT NO. PW -16-01
E. RESOLUTION NO. 16-138: RESOLUTION APPROVING CHANGE ORDER NO. 2,
2016 STREET, UTILITY & RETAINING WALL IMPROVEMENTS - BARTLETT
BOULEVARD, TUXEDO BOULEVARD PHASE 11 AND MAYWOOD ROAD/CYPRESS
LANE, CITY PROJECT NOS. PW -16-01, PW -16-02, PW -16-03
F. Approve a 1 -Day to 4 -Day Temporary On -Sale Liquor License for Our Lady of the Lake
Catholic Church's November 5, 2016 CCW Luncheon Fundraiser
5. Comments and suggestions from citizens present on any item not on the agenda.
None offered
5.1 (added)Hennepin County Commissioner's Update provided by Commissioner Jan
Callison
Jan Callison, Hennepin County Commissioner for Mound provided updates on Hennepin County
and the county preliminary budget for 2017.
Callison stated the Ridgedale Library will undergo a significant renovation in the spring of 2017
and will be closed for 8-10 months as it has been 20 years since the last major upgrade. She
added that library computers, meeting rooms, and mechanical systems need upgrading and
added that the Courts and the Social Service center will remain open during this renovation.
KT ST
Mound City Council Minutes — Oct. 25. 2016
Callison stated that the capital improvement plan shows that the Mound Westonka Library is
due to be refurbished in 2021. She added that this will be a $6 million project and the
community will be engaged in the process.
Callison reminded everyone that there is an election in two weeks and that electronic poll books
have been added in Hennepin County to make the process more efficient and secure. Callison
said there won't be paper roster books for election judges to look through and judges will use an
Pad device to look up voters' information.
Callison said 99,000 early voting ballots have been issued with 56,000 ballots returned as of
October 24th
Callison reported pregnancy prevention efforts in the County have been a focus and has been
successful. Callison said there were 477 babies born to teen moms in 2015 compared to 1,170
in 2007, noting teenage moms are much more likely to need social services than other mothers.
Callison noted the percentage reduction in the County was higher than that of the State of
Minnesota.
Callison reported the County is also looking at changes to recycling to focus on organics as a
result of a mandate from the State. Callison said the County is encouraging people to shift to
organics recycling and the City is eligible to receive score funding from Hennepin County to help
in this area. She stated County staff are proposing an ordinance in Hennepin County to ask
haulers to offer the option of organics recycling with participation in the program tied to score
funding Callison added that this program could be coming in early 2017.
Callison said the County property tax base for 2017 is back to the pre -recession 2008 level, but
noted that the percent of the tax base that is due to apartments has grown and the percent of
the tax base due to single-family residential has gotten smaller, therefore a higher percentage of
tax burden has shifted to apartments. In addition, Callison noted new construction, additions
and renovations for almost every City in the County has not gotten back to the 2008 level for
property taxes.
Callison informed the Council that the County maximum levy was set at a 4.49% increase but
the County is expecting the budget will be reduced slightly overall due to declines in programs
not funded by property taxes offsetting increases in programs funded by taxes. Callison added
there are a number of things that change in a budget and one of those changes is the use of
body cameras. She added that many cities in Hennepin County including the Sheriffs office are
asking for body cameras which will affect the County's workload as jurisdictions have to store
the information. If information is used on a case with the County attorney it would need to be
reviewed; transcribed, and stored and at an additional cost of $5 or $6 million.
Callison stated that child protection is also another significant budget area and state standards
have changed which affects the County's workload. She stated child protection is a State
mandated service the County must provide and in 2008 the County had 11,000 cases reported
to child protection services and in 2016 the County is anticipating 22,000 reported cases.
Callison added each reported case needs to be investigated and the County attorney, social
services and foster homes can be involved which will result in a substantial increase in the
County staff workload.
The second area Callison wanted to bring up is the Minnesota Eligibility Technology System
(METS), which is the computer system the County uses to deal with the MNSure program. The
:•1
Mound City Council Minutes — Oct. 25, 2016
METS is provided by the state and doesn't work as well as the County's system, but noted the
State is now requiring that more of the County's cases be put on the METS system also
increasing time and expense.
Callison stated the proposed County property tax levy increase would be $84 per year for the
median valued home in Mound, which is $213,000.
Gillispie asked Callison if she has a stance on the Metropolitan Council Governance Reform
Committee. Callison commented that she only saw what was in the newspaper and Hennepin
County has not expressed a position on this issue yet.
Gesch asked Callison why there would still be a need for a 4.49% property tax increase if the
County budget was decreasing. Callison explained that the property taxes are used areas
where there are no state resources, like for libraries, whereas social services are supported by
state or federal funds. She added that when there is a funding gap, property tax revenues make
up for the gaps. She said her examples of more staffing needed for the MNsure computer
system and child protective services are examples of funding gaps.
Gillispie asked about organics recycling. Callison stated that trash haulers would have to offer
organics recycling as an option for Hennepin County residents. Gillispie asked about costs.
Callison said that she has not seen what the increase in costs are. Gesch asked if Hennepin
County passed an ordinance requiring trash haulers to provide organics recycling and a hauler
wasn't able to provide this service, would the hauler be unable to serve in Hennepin County?
Callison said she doesn't think that would happen. Gesch stated she would like Hennepin
County to think about the small community-based haulers. Salazar asked if organics is better
for recycling. Callison said that the organics recycling reduces the materials going to a landfill
by using them in a composting facility instead. Salazar asked if the residents' trash bills will
increase. Callison stated that residents will have to opt in to the program and cities receive
funds from the County for participating in recycling programs. Gillispie asked that the County
focus on helping small businesses in this organics recycling process.
6. Planning Commission Recommendation
A. Public Hearing - Review of application from Tom Penn, on behalf of Sojourn
Adult Day Services LLC, for proposed amendment to Conditional Use Permit for
property located at 5200 Maywood Road
Smith presented a request submitted by Tom Penn, on behalf of Sojourn Adult Day
Services whose current use of the facility is an adult day care. Smith said the original
CUP had a cap of 30 participants which was amended to 40 program participants and
now is asking for a cap of 50 participants due to increased demand.
Smith stated operations at Sojourn would not change and adding 10 participants will add
an additional 1 or 2 employees and 2 or 3 vehicle trips in the morning and afternoon at
Sojourn.
Smith stated the CUP amendment requires a public hearing and this request has been
reviewed by the Planning Commission and they have recommended approval. Smith
noted thirty to 35% of the participants are from Mound.
Smith stated that staff recommends approval of the CUP request with the conditions
outlined in the summary. She said one of the original conditions of the CUP was the
-2891-
Mound City Council Minutes — Oct. 25, 2016
execution of a shared parking agreement with St. John's Church which allows the use of
15 parking spaces. That agreement is valid for five years. with an option for a five-year
renewal.
Smith said the City Attorney reviewed and recommended that the replacement
agreement be prepared to include 2010 CUP and be supplemented by actions that
approved the 2011 amendment as well as the 2016 amendment.
Wegscheid asked if there would be any additional cost to St. John's or Sojourn to update
the agreement. Smith said she does not foresee that. Gesch asked if there would be
additional attorney time involved for the City. Smith said she does not think it would
involve much more time for City Attorney.
Smith commented that no one from the public attended the planning commission
meeting when the CUP was reviewed. Smith did receive a phone call from an interested
person with a question regarding the current route for busing. Smith stated there would
be no issue with the current busing route and noted that individual did not return her call.
Requested Actions
a. Action on Resolution amending and restating conditional Use Permit
approved by Resolution No. 10-71 and Resolution No. 11-43 for property
located at 5200 Maywood Road
Mayor Wegscheid opened the public hearing at 7:38 p.m. and upon receiving no
comment, closed the public hearing.
Gesch asked if there was any feedback from anyone within the 350 foot area of Sojourn,
recalling that concerns for street parking were noted in the past.
Smith said that she did not receive any phone calls or anything in writing about parking
and said she has been driving by the facility at different times of day to get a gauge for
the parking and sees a few cars parked on the east side of Hidden Vale Lane. The
concern expressed by Sojourn was that requiring other building tenants to enter into a
parking agreement as part of the CUP would be difficult. Smith says there could be
people parking on the street, but it is a public street and open to parking by anyone
unless so signed. Smith also stated that if parking becomes a problem the City has the
opportunity to revisit the issue.
Co-director of Sojourn, Kari Johnson, 5200 Maywood, said she recalls a meeting in 2013
with concern about parking, which was mostly about the smaller companies in the
building and their parking needs but those companies are not there anymore. Johnson
said she has seen a dramatic decrease in parking needs and noted Sojourn staff park in
the church parking lot or on Maywood Road.
Wegscheid asked Johnson for her opinion on the shared parking agreement renewal.
Johnson said that the need is overwhelming for the vulnerable people that need
Sojourn's services and it would be a shame to turn people away, so if the City needs
Sojourn's assistance to help with any additional attorney costs they are willing to help
out.
-2892-
Mound City Council Minutes — Oct. 25, 2016
Gesch asked if the increase in participants would include two to three more vehicles.
Johnson said Sojourn is working with Metro Mobility in order to make fewer trips.
Gesch asked what is normal now with regards to traffic. Johnson says that a rough
estimate is one transit link bus and two to three Metro Mobility buses per day.
MOTION by Salazar, seconded by Peterson to approve resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 16-139: RESOLUTION APPROVING AMENDED AND RESTATED
CONDITIONAL USE PERMIT AMENDMENT FOR PROPERTY LOCATED AT 5200
MAYWOOD ROAD
7. Discussion/consideration of Major Subdivision - Final Plat ("Indian Knoll Manor") and
Development Agreement for Indian Knoll Manor apartment remodel/addition and new
townhome construction project located at 2020 Commerce Boulevard and 5524
Spruce Road
Applicant: IKM Limited Partnership / Aeon
Smith presented three requests for actions related to the Indian Knoll Manor (IKM) project
regarding the redevelopment of the IKM property including the adjacent property at 5524
Spruce. Smith said the proposal is for the redevelopment of the property, including a
substantial remodel and addition to the current apartment building, adding five new apartments
to the complex and 10 new townhomes. She added, the preliminary plat, conditional use
permit, expansion permit, and variances were granted in July and this is the second part of the
subdivision procedures.
Smith stated the HRA has been requested to sign the final plat for the project and it has since
been determined that the recording of deed will take place prior to the final plat being recorded.
Smith added that the City Council will be a signer of the official mylar recorded at Hennepin
County.
Smith said the arrangement and layout of the final plat is consistent with the previously
approved plat. She stated conditions referenced in the final plat are that the Council and the
developer enter into a developer agreement which has been put together by staff and reviewed
by the City Attorney and Aeon's team. Smith mentioned that the developer is responsible for
the payment of 9 trunk fees for sewer and water, which is the same number determined by the
Met Council when they reviewed the site plan. The City attorney prepared a title opinion
ensuring that everything is in good working order.
Smith stated there is a third action tonight which includes the termination and rescinding of the
previous actions on the previous parking lot project. She stated the new project will have site
activities that are current and related to the plan development area and conditional use permit
granted back in July and noted that the development agreement mentions that the park
dedication requirement has been met.
Smith reminded to the Council that the final plats do not require review by the Planning
Commission per code and do not require a public hearing making this activity more of a
housekeeping and administrative function.
-2893-
Mound City Council Minutes — Oct. 25, 2016
Smith states that it is important for the Council to understand that the order of recording is in the
appropriate order.
Blake Hopkins and Aubrie Gould from Aeon shared additional graphics on the project and
thanked City staff for all the feedback and assistance over the last year and a half and noted
that the project is just 3 '/2 wks from closing. Hopkins noted that Aeon has received an email
from Hennepin County that the plat has been approved and Hopkins presented material
samples and color schemes for the project. Hopkins stated the existing IKM building will be
white, with brown and blue gray accent colors while the townhomes will be blue and brown with
the windows edged in white.
Wegscheid commented that overall, this is great for all parties involved.
Gillispie asked about the exterior materials and is pleased that they are long lasting and hardy.
Requested Actions
a. Action approving Major Subdivision - Final Plat for Indian Knoll Manor
MOTION by Salazar, seconded by Peterson, to approve resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 16-140: RESOLUTION APPROVING THE MAJOR SUBDIVISION -
FINAL PLAT FOR INDIAN KNOLL MANOR
b. Action approving Development Agreement for Indian Knoll Manor
MOTION by Salazar, seconded by Peterson, to approve resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 16-141: RESOLUTION APPROVING DEVELOPMENT AGREEMENT
FOR INDIAN KNOLL MANOR
C. Action approving Resolution terminating Resolution No. 89-141 for fence
height variance and Resolution No. 05-119 for conditional use permit and
variance for property located at 2020 Commerce Boulevard
MOTION by Gesch, seconded by Salazar, to approve resolution. All voted in favor. Motion
carried.
RESOLUTION NO. 16-142: RESOLUTION TERMINATING VARIANCE APPROVED BY
RESOLUTION NO. 89-141 AND CONDITIONAL USE PERMIT AND VARIANCE
APPROVED BY RESOLUTION NO. 05-119 FOR PROPERTY AT 2020 COMMERCE
BOULEVARD
8.. Approve minutes from October 11,2016 regular meeting
;.,
Mound City Council Minutes — Oct. 25, 2016
MOTION by Salazar, seconded by Gesch, to approve minutes from October 11, 2016
regular meeting. Wegscheid, Salazar, Gesch, and Gillispie voted in favor, Peterson
abstained. Motion carried.
9. Information/Miscellaneous
A. Comments/reports from Council Members
Hoversten noted the following meetings/special events:
e Regular City Hall hours resume on October 31, 2016 (M -F 8:00 - 4:30)
. Special meeting workshop set for November 1, 2016
. November Council Meeting is rescheduled to November 9, due to the General Election
e Planning commission meeting for November will be moved to November 15
. City offices closed on November 11 in recognition of Veterans Day
Gillispie informed everyone that the Westonka Community and Commerce will host a free
tailgating event including food and beverages, prior to the Mound Westonka football game on
Saturday, October 29.
B. Reports: Finance Dept. - August 2016
C. Minutes:
D. Correspondence: Planning Commission Openings
City of Mound - Notice of Election - November 8, 2016
LMCD - October 14, 2016 - Appointment of 2017 LMCD Board
Members
10. Ad mourn
MOTION by Gesch, seconded by Gillispie, to adjourn at 8:05 p.m. All voted in favor.
Motion carried.
Attest: Catherine Pausche, Clerk
Mayor Mark Wegscheid
-2895-
CITY OF MOUND
RESOLUTION NO. 16 --
RESOLUTION AUTHORIZING CONTRACT WITH FRONTIER COMMUNICATIONS
FOR PHONE AND INTERNET SERVICES AND PURCHASE OF PHONE SYSTEM
WHEREAS, The City of Mound Policy FIN -003 Procurement Policy was approved by the City
Council on July 14, 2015; and
WHEREAS, said policy requires advance Council approval for unbudgeted capital expenditures
greater than $5,000; and
WHEREAS, the City issued Request for Proposals for Internet Service Providers and a new
phone system; and
WHEREAS, Frontier Communications submitted the lowest cost proposal which will produce
significant savings; and
WHEREAS, purchasing the proposed MITEL phone system will produce additional savings
compared to leasing; and
WHEREAS, the unbudgeted expenditure will be paid for with savings from combining the City
Manager and Public Works Director positions;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota,
hereby authorizes the Mayor and City Manager to execute contracts with Frontier
Communications for phone and internet services and to purchase a new Mitel phone system at
prices shown in Exhibit A and made a part here -in.
Adopted by the City Council this 22nd day of November, 2016
Mayor Mark Wegscheid
Attest: Catherine Pausche, Clerk
Page 1 of 1
EXHIBIT A
Summary of Proposal from
Frontier Communications for
Internet and Phone Services
(Additional taxes and surcharges may apply)
-2897-
Current • Frontier
New Frontier Proposal - Based on 80
month agreement
Location
INTERNET
Mo$
Current
Itio$
Total
INTERNET
Moi
Analog Phone Lina
1AImm1EIrvator1F&dOflherj
I Moi
New Phone System
No It
Total
Phone
Cumrd
Phone Lines
Proposed
CityHaPPdicelFiWCB
Dedicated 740
Frontier 1,533
DedicaM 32591nes
274
Ethernet (5M)
Ethernet (10M)
Mild Phone System- 34 phones
Public Weds DSL
DSL - Dynamic IP 80
Frontier 1,365
15M/2m 56
4 Ones 122
OPT 1 Purchase 17,867
Static IP
14lines -OB stations 425OPT2-5
yr lease - Wily 486
Parks Shop
Not in Frontier Tenitory
Lease X60 Mas 29,16C
Liquor Store DSL
DSL - Static IP 90
Frmitier 515
15Wlm 50
5 lines 152112
PW 256
State IP
al 039iterrinel
Total Monthly Coat
910
Jp1J
/,323
dJ1.00
J31Inn 1,003
With Opt 1160 ma 554
1,989
Total Annual Cost
10,923
4095fi
51,878
5,172.0033lines
12,034
6645
23,852
-2897-
nAv
Liquor Store Donations Policy
Original Adoption: 11/22/2016
Reviewed/Updated: TBD
Reference No. FIN -009
PURPOSE: To prescribe the policies and procedures for the municipal liquor store to make
donations, contributions and/or sponsorships of money or in-kind.
SUMMARY: The City of Mound owns and operates a municipal liquor store commonly known as
Harbor Wine & Spirits and, as a municipal entity, is governed by the State of Minnesota
statutes. Per the Office of the State Auditor's Statement of Opinion, in most circumstances,
public entities have no authority to give away public funds as donations. Generally, in order to
spend money, a public entity must have authority to do so. Authority for an expenditure may be
specifically stated in statute or charter, or it may be implied as necessary to do what an express
power authorizes. In addition, the expenditure must be for a "public purpose."
Following these general principles, in-kind services, donations of product and/or gift cards to
people, non -profits, charities, or other groups are generally not permitted. In some cases, a
specific contract for services may be put in place documenting the exchange of value and
determining that there is a clear public purpose in doing so.
Cities (and their municipal liquor stores) may be able to advertise the "resources of the
community" per Minn. Stat. § 469.188. Advertising may be accomplished in multiple ways, and
the Liquor Store Manager must determine how to spend the available budget. In addition,
promotional items received from vendors at no cost to the City and no retail value may be "re -
gifted" to local organizations for fundraising purposes.
PROCEDURES:
1. The liquor store manager will require all requests for donations to be in writing and will use his judgment
to determine if honoring the request serves the interests of the liquor store either in the form of
advertising or by re -gifting a vendor's promotional item, assuming there are items available.
2. Advertising product and services in publications will comply with Minn. Stat. § 469.188. Advertising must
reach a large, local audience (exp. newspapers, resource guides, programs, etc)
3. A contract for service must be authorized by the City Council for any services provided
to non -profits, charities, or other groups citing specific statutory authority, documenting the exchange
of value an determining that there is a clear public purpose in doing so (exp. Spirit of the Lakes Festival).
4. In no event will product that can be sold in the store or gift cards be given away for free.
:•:
Website Policy
Original Adoption: 11/22/2016
Reviewed/Updated: TBD
Reference No. FIN -010
PURPOSE: To prescribe the policies and procedures for permissions to use information
contained on the City of Mound (COM) website and to establish criteria for allowing external
links.
POLICY AND PROCEDURES:
1.1 Copyright, Restrictions and Permissions Notice
Government information at COM websites is in the public domain. Public domain information
may be freely distributed and copied, but it will be requested that in any subsequent use the
City of Mound information be given appropriate acknowledgement.
Images on the COM website are in the public domain may be used without permission, but it
will be requested that if images are reused, the user will credit "City of Mound" as the source.
Some images on the COM website may have been obtained from other organizations and
permission to use those images should be obtained directly from those organizations.
COM websites have links to many other websites. Once a user accesses another site through
a link, they are subject to the copyright and licensing restrictions of the new site.
1.2 External Link Policy
The appearance of hyperlinks does not constitute endorsement by the City of Mound for the
web site or the information, products or services contained therein.
Mound receives numerous requests from other organizations and individuals for reciprocal
website links. When considering requests for links from our website to other websites we use
the following criteria:
• Must be directly related to public utility service providers or non-profit entities with a physical
presence in the area who provide services to area residents
• Must be related to the services the City of Mound provides (GIS, county, utility billing, etc)
• Must not be a commercial site - It is the City's policy not to link from our site to commercial
sites whose primary purpose is to endorse or sell products or services
Utility Billing for Non -Homestead Properties Policy
Original Adoption: 11/22/2016
Reviewed/Updated: TBD
Reference No. FIN -011
PURPOSE: To prescribe the policies and procedures for administering utility billing
accounts for non -homestead properties.
POLICY AND PROCEDURES:
1.1 Primary Accountholder
State law recognizes that the primary parties to the utility supply transaction are the City, as
supplier, and the property benefited by the utility service availability.
Minn.Stat. 444.074, s.3(e), authorizes the City to charge the owner and to certify unpaid
charges against the property served as a tax. Minn. Stat. 325E.025, s.2, distinguishes other
types of utility services (such as electrical, gas, propane, and telephone) from water utilities,
recognizing that water utilities provide a unique benefit to the property and are essential to
human habitation. In fact, the law prohibits owners from renting out any premises without a
connection to the water system. Gas, electric and phone utilities provide a benefit primary to
the end user - accordingly, the landlord is not responsible for their payment and unpaid
charges cannot be assessed against the property.
Therefore, the primary account holder on utility billing accounts will be the owner as listed on
the Hennepin County property tax information records. Property owners may request a
duplicate bill be mailed to the renters.
1.2 Primary Accountholder Responsibilities
The primary accountholder/property owner will be responsible for prorating bills when there is
a change in renters and no new account/final bill will be created in utility billing. Property
owners may choose to pay the utility bill directly and get reimbursed by the renter, or have
their renter pay the bill directly.
City Staff will create a spreadsheet that property owners can use to estimate/prorate a final bill
when a change in renters occurs and create resources giving options for property owners in
developing lease agreements to address how the utility bill will be handled during the course
of the lease and at lease termination.
-2900-
CITY OF MOUND
ORDINANCE -2016
AN ORDINANCE AMENDING CHAPTER 30 OF THE MOUND CITY CODE AS IT RELATES
TO FRE PREVENTION AND PROTECTION
The City of Mound does ordain:
Section 1. Subsection 30-50 (b). Recreational Fires; Definitions, of the Mound City Code is hereby
amended as follows:
Combustible material means things such as wood, paper and plastics. .
Competent, unimpaired adult means a person over 18 years of age who is not under the influence of
alcohol or other drugs, who shall be the responsible party for directly supervising an--epee--bust
recreational fire and who shall be responsible for ensuring compliance with this section.
Fire Chief means the appointed Fire Chief or any individual designated by the Fire Chief to perform
specific duties.
Recreational fire means a fire set for cooking or warming or other recreational purposes which is not
more than three feet in diameter and three two feet in flame height, and has a noncombustible separation
between the fire area and adjoining combustible material such as bricks or stones and has had the ground
two -five feet from the base of the fire cleared of all combustible material.
Starter fuels mean dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles,
commercially available products for use in starting charcoal grills and alcohols are permitted as starter
fuels and as aides to ignition only. Propane gas torches or other clean burning devices causing minimal
pollution may be used to start up an open a recreational fire. The term "starter fuels" does not include
gasoline, diesel fuel, kerosene, and heating oil which are eNpressly prohibited.
Wood means dry, clean wood from trees feel only, such as twigs, branches, limbs, "PfesW Logs,"
"Duraflame logs," charcoal and cord wood. a uffWeated dimensional lumber, :...wide. ele... pallets.
—mss
T-hA «,.,..., "fiJAm ,7,.eq nAt i....t d- Burning wood that is green; leaves or needles; grass clippings; garden
waste; wood that is rotten, oil soaked or treated with paint, glue or preservative; plywood,alb lets, particle
board, chip board, finished paneling, or painted, treated, or stained cardboard or paper is expressly
prohibited.
Section 2. Subsection 30-50 (c). Recreational Fires; Requirements, of the Mound City Code is
hereby amended as follows:
(6) The recreational fire shall be located 25 feet a safe distanee from any structure or
combustible material unless the fire is in an approved container and is not less
than 15 feet (4572 mm) from a structure.
(7) Recreational fires may be conducted between 7:00 a.m. and 2:00 a.m. at-eay-time
of the day or nighA.
-2901-
Section 3. Subsection 30-51. Burning restrictionsi burning r—" required, of the Mound City
Code is hereby amended as follows: Sec. 30-51.
(a) Open burning prohibited. In addition to the requirement contained in section 30-50, it
shall be unlawful for any person to start or allow burning any open fire, except a recreational fire on any
private property within the city or in certain exceptions as described section 30-51(e). witheut a Penn
issued ander- this section. Ne pefmit shed! be requiFed ef a" effleial fire set by ", PwAk-e�
(b) Rules adopted by reference. Minn. Rules pts. 7005.0705-7005.0805 of the Minnesota
Pollution Control Agency are hereby adopted by reference and made a part of this Code as if fully set
forth herein.
(c) Person designated to issue permits. The Fire Chief or Deputy Fire Marshal are is hereby
authorized to issue permits under this section, and may establish reasonable permit conditions for open
burning consistent with the rules adopted herein. The of the Fire Chief is neeessar"' er a P Rnit
to be issued. The app1jeaut shall pay a peFmit fee as established-I)y-flie-eity
(d) Amendment to the state fire code Section 105.6.30, are hereby adopted by reference and
made a part of this Code as fully set forth herein with the exception of deleting "Open Burning," as
adopted by the state fire code and replacing it with the following section (e):
(e) Certain Open Fires Permitted An open burning permit may be issued for the following
purposes:
(1) Instruction and training of firefighting personnel.
(2) Abatement of hazards that in the opinion of the fire chief, cannot be abated by other
reasonable means.
(3) Management of vegetation by the jurisdiction other governmental agencies, or other
individuals that in the opinion of the fire chief, show a valid need, and under the direction of the fire
department.
(4) Special events or ceremonies by recognized organizations, under the direct
supervision of the fire department.
Passed by the City Council this 22nd day of November, 2016
Attest: Catherine Pausche, Clerk
Mayor Mark Wegscheid
Published in the Laker the 3rd day of December, 2016.
Effective the 4th day of December, 2016.
-2902-
CITY OF MOUND
RESOLUTION NO. 16 --
AUTHORIZING PUBLICATION OF
ORDINANCE NO. _-2016 BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Mound has adopted Ordinance No. -2016
amending Chapter 30 of the Mound City Code as it relates to fire prevention and protection; and
WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4, allows publication by
title and summary in the case of lengthy ordinances; and
WHEREAS, the following summary of Ordinance No._ - 2016 has been approved by
the City Council of the City of Mound as clearly informing the public of the intent and effect of
the Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound
has reviewed the following summary of the ordinance and approved its publication in accordance
with Minnesota Statutes, Section 412.191, subdivision 4:
Ordinance _-2016 has been approved by the City Council of the City of Mound. The
Ordinance amends Chapter 30 of the Mound City Code as it relates to fire prevention and
protection to make it consistent with the State of Minnesota fire code, including updating
some definitions, clarifying the requirements of recreational fires, eliminating open burn
permits and restricting open burning to a few, specifically listed events. A copy of the
full text of the ordinance is available at City Hall and at the Westonka Public Library.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Mound directs the City Clerk to keep a copy of the entire text of the ordinance in her office at
City hall for public inspection and to post the entire text of the ordinance at the Westonka Public
Library in the City.
Passed by the City Council this 22nd day of November, 2016.
[requires a four-fifths vote of the council members]
Attest: Catherine Pausche, Clerk
-2903-
Mayor Mark Wegscheid
CITY OF MOUND
ORDINANCE -2016
AN ORDINANCE AMENDING CHAPTER 18 OF THE MOUND CITY CODE AS IT RELATES
TO CEMETERIES
The City of Mound does ordain:
That Section 1. Subsection 18-35. Memorials be hereby amended as follows:
(a) Erection; fees. Lot owners shall provide for the erection of a grave marker in the space
designated by the superintendent after the burial. No memorial shall be placed until the price of the space
used for burial and all burial fees have been paid. All placements of memorials or markers must be
conducted by a City approved designee. No markers may be delivered or installed between November 1
and April 1.
(b) Materials. All markers placed shall be of bronze or natural stone. Limestone, sandstone,
or other material which will not assure relative permanency shall not be used. All stone shall be first
grade clear stone for memorial purposes, shall be free from sap or other impurities which will cause rust
stain, etc.; that it will not chip or crack; and agree that should such faults develop within five years from
day of setting, the memorial will be replaced, without cost to the cemetery or the lot owner. No artificial
stone of any description is allowed. Bronze content shall be not less than 85 percent copper and not more
than five percent lead, ten percent zinc, five percent tin, all case from virgin material, average thickness of
three -sixteenths -inch to one -quarter -inch.
(c) Lettering and carving. Raised lettering and carving shall not be less than three -sixteenths -
inch raised, incised lettering may be used, but no skinned carving will be allowed. All markers must be in
one piece and set level with the ground.
(d) Size and quantity. The markers installed on single graves and lots may not exceed the
following base sizes:
(1) Children's single grave sections, 24 inches by 12 inches with a 4" concrete
border.
(2) Adult's single grave sections, up to 30 24 inches by 4-5 14 inches with a 4"
concrete border.
«:
inseriptien unless mere than one beEbwas inteffed in the Two single grave
markers for a family double Brave can be mounted in a sicnle concrete block and
treated as one double marker. These dimensions could then be 24" x 14" plus 4"
of concrete inbetween. A 4" concrete border then surrounds both markers for a
total combined length of 60".
(4) Only one grave marker will be allowed per grave lot and no marker shall bear
more than one inscription unless more than one body was interred in the Brave.
(5) All markers will be flush with the ground with the exception of those grave lots
in Division A.
Passed by the City Council this 22nd day of November, 2016
Mayor Mark Wegscheid
Attest: Catherine Pausche, Clerk
Published in the Laker the 3rd day of December_ 2016.
Effective the 4th day of December, 2016. -2904-
CITY OF MOUND
RESOLUTION NO. 16 --
AUTHORIZING PUBLICATION OF
ORDINANCE NO. _-2016 BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Mound has adopted Ordinance No. _ -2016
amending Chapter 18 of the Mound City Code as it relates to cemeteries; and
WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4, allows publication by
title and summary in the case of lengthy ordinances; and
WHEREAS, the following summary of Ordinance No._ - 2016 has been approved by
the City Council of the City of Mound as clearly informing the public of the intent and effect of
the Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound
has reviewed the following summary of the ordinance and approved its publication in accordance
with Minnesota Statutes, Section 412.191, subdivision 4:
Ordinance _-2016 has been approved by the City Council of the City of Mound. The
Ordinance amends Chapter 18 of the Mound City Code as it relates to cemeteries in order
to clarify the size and quantity of grave markers, limit the number of inscriptions and to
prohibit installation of markers between November 1 and April 1. A copy of the full tekt
of the ordinance is available at City Hall and at the Westonka Public Library.
NOW, THEREFORE, BE TT FURTHER RESOLVED that the City Council of the City
of Mound directs the City Clerk to keep a copy of the entire text of the ordinance in her office at
City hall for public inspection and to post the entire text of the ordinance at the Westonka Public
Library in the City.
Passed by the City Council this 22nd day of November, 2016.
[requires a four-fifths vote of the council members]
Attest: Catherine Pausche, Clerk
-2905-
Mayor Mark Wegscheid
EXECUTIVE SUMMARY
R
To: Honorable Mayor and City Council
From: Sarah Smith, Community Development Director
Rita Trapp, Consulting City Planner
Date: November 16, 2016
Subject: Expansion Permit and Public Lands Permit for 4941 Island View Drive
REQUEST SUMMARY
The applicant, Kelvin Retterath, has submitted an application on behalf of the property owners
Don and Roxanne Goodwin for an expansion permit and public lands permit for a replacement
home and deck project. The existing lot of record, totaling 4,150 square feet, is a lakeshore lot
located on a cul-de-sac extending from Island View Drive's intersection with Dexter Lane.
According to Hennepin County data, the current home was built in 1950. This lakeshore
property has frontage on Island View Drive, is bordered by a 15 -foot unimproved alley on the
east, and Devon Commons on the lakeside. The applicant is proposing a 2 -story home with
approximately 2,600 square feet of finished space and an unfinished lower level. An expansion
permit is being requested to allow the construction of the east wall of the new home 2 feet into
the setback area to match the placement of the original foundation, as well as to allow for the
construction of a detached deck up to the property line and within the 50 foot shoreland
setback. A public lands permit is being requested to allow for the removal of the existing deck, a
portion of which is constructed in the commons, as well as to allow for the new deck which
extends up to the property line.
PLANNING COMMISSION REVIEW AND RECOMMENDATION
The Planning Commission reviewed this case at their November 15, 2016 meeting. There were
no public concerns raised about the project. Draft minutes from the meeting have been
prepared for your review. The Planning Commission recommended approval of the expansion
permit and public lands permit with the conditions and findings as proposed by Staff.
RECOMMENDATION
Given Staff and the Planning Commission recommendation for approval, a resolution has been
prepared for your consideration.
-2906-
RESOLUTION NO. 16 -
RESOLUTION APPROVING EXPANSION PERMIT AND PUBLIC LANDS
PERMIT FOR 4941 ISLAND VIEW DRIVE
WHEREAS, the applicant, Kelvin Retterath, has submitted on behalf of the
property owners, Don and Roxanne Goodwin, an application for an expansion
permit and a public lands permit for a replacement home and deck; and
WHEREAS, the property is located in the R -1A single-family residential zoning
district; and
WHEREAS, the 4,150 square foot property is located along Devon Commons
and includes a home that as built in 1950 that will be removed and replaced as a
part of the project; and
WHEREAS, the existing home and deck are nonconforming relative to the east
side yard, rear yard, and shoreland setbacks; and
WHEREAS, the existing deck is partially constructed within Devon Commons;
and
WHEREAS, in replacing the home, the applicant is seeking to maintain the same
4 foot east side yard setback as currently exists. An expansion permit is needed
as the proposed home is slightly larger and includes additional square footage on
the second level; and
WHEREAS, in replacing the deck, the applicant is requesting to construct a new
deck within the 50 foot shoreland setback and up to the property line; and
WHEREAS, removal of the existing deck and construction of the new deck will
involve construction occurring within Devon Commons; and
WHEREAS, City Code Section 129-40 (a) outlines the criteria for granting an
expansion permit which is provided below:
(1) the proposed expansion is a reasonable use of the property
considering:
a. function and aesthetics of the expansion.
b. absence of adverse off-site impacts such as from traffic, noise,
odors and dust.
c. adequacy of off-street parking.
-2907-
(2) exceptional or extraordinary circumstances justifying the expansion are
unique to the property and result from lot size or shape, topography, or
other circumstances over which the owners of the property since
enactment of this chapter have had no control.
(3) the exceptional or extraordinary circumstances do not result from the
actions of the applicant.
(4) the expansion would not adversely affect or alter the essential
character of the neighborhood.
(5) the expansion requested is the minimum needed
; and
WHEREAS, Section 62-11 states that construction of any kind in any public way,
park or commons requires a public land permit; and
WHEREAS, details regarding the requested expansion permit and public lands
permit for the proposed project are contained in the Planning Commission report
for the November 15, 2016 meeting and the submitted application and supporting
materials from the applicant; and
WHEREAS, Staff recommended approval of the expansion permit and public
lands permit subject to conditions; and
WHEREAS, the expansion permit and public lands permit request were reviewed
by the Planning Commission at its November 15, 2016 meeting; and
WHEREAS, the Planning Commission recommended Council approval of the
expansion permit and public lands permit as recommended by Staff; and
WHEREAS, the City Council reviewed the expansion permit and public lands
permit request at its November 22, 2016 meeting and determined that approval
would allow the property to be used in a reasonable manner; and
WHEREAS, the City Council's decision on the expansion permit was made within
the timelines included in Minnesota Statutes 15.99; and
WHEREAS, public lands permits are not subject to the timelines included within
Minnesota Statutes 15.99; and
WHEREAS, in granting approval for the expansion permit, the City Council
makes the following findings of fact:
1. The criteria of City Code Section 129-40 (a) are being met.
2. Improvements to the residential use of this property are in keeping
with how it is zoned and guided in the comprehensive plan and will
not change the existing neighborhood character.
3. The existing lot of record is undersized. This poses challenges for
constructing a conforming house. The project as proposed does
improve existing nonconformities as the home on this property will
now be out of the rear and shoreland setback areas.
4. The impact of the expansion permit has been minimized as the
request is located on the east side property.line which is adjacent to a
15 foot unimproved alley.
WHEREAS, in granting approval for the public lands permit, the City Council
makes the following findings of fact:
The construction of a deck/patio for a residential home is reasonable.
2. The City's rights to Devon Commons are maintained and continued.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mound does hereby incorporate and restate the recitals set forth above and
approves the expansion permit and public lands permit for the property at 4941
Island View Drive, as described in Exhibit A, with the following conditions:
Applicant shall be responsible for payment of all costs associated with
the land use request.
2. No future approval of any development plans and/or building permits
is included as part of this action.
3. Applicant shall provide all required information upon submittal of the
building permit application.
4. The proposed new structure must comply with applicable building and
fire codes including the elevations that are located within certain
distances of property lines which may include fire rated walls and
projections and also regulate openings.
5. Applicant shall be responsible for restoring any areas disturbed as
part of the project to pre -construction condition.
6. Impervious surface coverage shall be less than 40% of the site.
Hardcover calculations will be verified as part of building permit
process.
7. Applicant shall be responsible for procurement of any and/or all local
or public agency permits including, but not limited to, the submittal of
all required information prior to building permit issuance.
-2909-
8. The applicant shall be responsible for recording the resolution with
Hennepin County. The applicant is advised that the resolution will not
be released for recording until all conditions have been met.
9. No building permit will be issued until evidence of recording of the
resolution at Hennepin County is provided unless an escrow of
sufficient amount is on file with the City. The applicant may also direct
the City to record the resolution with the fees to be taken out of the
escrow.
10. Effective September 1, 2011, new Minnehaha Creek Watershed
District (MCWD) rules related to wetlands, floodplain, erosion control
and others are in effect. These rules are now under the jurisdiction of
the MCWD as regulatory authority and permitting was officially turned
back to the District by the Mound City Council on August 23, 2011.
Applicant is directed to contact the MCWD related to the new
regulations and applicable permits that may be needed to undertake
the proposed project. Evidence from the MCWD in the form of a
permit or waiver must be provided before release of any future
building permit.
11. Access to the fire lane must be maintained for use by emergency
responders at all times.
12. Foundation and as -built surveys will be a requirement of the future
building permit.
Adopted by the City Council this 22nd day of November, 2016.
Attest: Catherine Pausche, Clerk
Mark Wegscheid, Mayor
-2910-
Exhibit A
-2911-
MINUTE EXCERPTS
MOUND ADVISORY PLANNING COMMISSION
NOVEMBER 15, 2016
Chair Penner called the meeting to order at 7:00 pm.
ROLL CALL
Members present: Chair Cindy Penner; Commissioners Jason Baker, Jeffrey Bergquist, David
Goode, and Jameson Smieja. Members absent: Doug Gawtry and Jennifer Peterson. Staff
present: Community Development Director Sarah Smith, Consultant Planner Rita Trapp, and
Secretary Jill Norlander.
Members of the public: Scott Bazewicz, 1920 Lakeside La; Beatrice Amidon, 1909 Lakeside La;
Kelvin Retterath, 2618 Grove La; Don Goodwin, 4941 Island View Dr; Scott Gates, 1920 Lakeside
La
BOARD OF APPEALS
Expansion Permit PC Case No. 16-37 and Public Lands Permit
4941 Island View Drive New/replacement house and deck
Applicant: Kelvin Retterath (on behalf of owners Don and Roxanne Goodwin)
Rita Trapp introduced the request. The applicant has requested an expansion permit and public
lands permit for replacement of the home and deck. Their existing lot of record is a lakeshore
lot located on a cul-de-sac. The 4,150 square foot lot is smaller than the minimum lot size of
6,000 square feet. An expansion permit is requested as the applicant would like to maintain
the east setback at 4 feet instead of the required 6 feet. The wood landing and proposed
lakeside deck will be in the setback area.
A public lands permit is requested to address the removal of the existing deck, which extends
into Devon Commons. In addition, location of the deck will most likely require some
construction within Devon Commons.
Kelvin Retterath, 2618 Grove Lane, thought that Rita covered everything. Retterath restated
the public lands permit detail and said that this is as big a house and can fit on the property.
MOTION by Goode, second by Bergquist, to recommend approval of the expansion permit
subject to conditions and findings of fact as identified by staff. MOTION carried unanimously.
MOTION bySmieja, second by Baker, to recommend approval of the Public Lands Permit
subject to staff conditions with correction of condition 2 and findings of fact as identified by
staff. MOTION passed unanimously.
-2912-
PLANNING REPORT
TO:
FROM:
DATE:
PLANNING CASE NO.
SUBJECT:
APPLICANT:
LOCATION:
MEETING DATE:
COMPREHENSIVE PLAN:
ZONING:
BACKGROUND
Planning Commission
Rita Trapp, Planning Consultants
Sarah Smith, Community Development Director
November 8, 2016
16-37
Expansion Permit and Public Lands Permit
Kelvin Retterath
4941 Island View Drive (PID No. 25-117-24-11-0119)
November 15, 2016
Low Density Residential
R -1A Single Family Residential
The applicant, Kelvin Retterath, has submitted an application, on behalf of the property owners
Don and Roxanne Goodwin, for an expansion permit and public lands permit for a replacement
home and deck project. Their existing lot of record, totaling 4,150 square feet, is a lakeshore lot
located on a cul-de-sac, extending from the intersection of Island View Drive and Dexter Lane.
According to Hennepin County data, the current home was built in 1950.
REVIEW PROCEDURE
Expansion Permit
City Code Section 129-40 (a) states that an expansion permit for a nonconforming structure
may be granted to provide relief to the landowner where the application of the City Code
imposes practical difficulties. In determining whether practical difficulties exist, the City Council
shall evaluate the following criteria:
(1) the proposed expansion is a reasonable use of the property considering:
a. function and aesthetics of the expansion.
b. absence of adverse off-site impacts such as from traffic, noise, odors and dust.
c. adequacy of off-street parking.
-2913-
(2) exceptional or extraordinary circumstances justifying the expansion are unique to
the property and result from lot size or shape, topography, or other circumstances over
which the owners of the property since enactment of this chapter have had no control.
(3) the exceptional or extraordinary circumstances do not result from the actions of the
applicant.
(4) the expansion would not adversely affect or alter the essential character of the
neighborhood.
(5) the expansion requested is the minimum needed.
Public Lands Permit
City Code Section 62-11 regulates use of public lands in the City of Mound and states that
construction of any kind on any public way, park or commons, or the alteration of the natural
contour of any public way, park, or commons, is unlawful unless a special construction on
public land permit is issued.
60 -DAY PROCESS
Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to
approve or deny the land use request unless an extension is executed by the City in accordance
with state rules. Minnesota Statutes 645.15 sets forth the procedures for determining "Day 1"
for the purpose of application of the 60 -day rule. The "Day 1" was determined to be October 4,
2016 for expansion permit. Public lands permits are not subject to the 60 -day rule.
PUBLIC NOTIFICATION
Property owners abutting the subject site, per Hennepin County tax records, were mailed a
letter on November 8, 2016, to inform them of the variance request and upcoming November
15th special Planning Commission meeting.
SITE INFORMATION
The property has frontage on Island View Drive, is bordered by a 15 -foot unimproved alley on
the east, and Devon Commons on the lakeside abutting Lake Minnetonka. The existing home
and deck are proposed to be demolished as a part of this project. The applicant is proposing a
2 -story home, with approximately 2,600 square feet of finished space and an unfinished lower
level. An expansion permit is being requested to allow the construction of the east wall of the
new home 2 feet into the setback area to match the placement of the original foundation, as
well as to allow for the construction of a detached deck up to the property line and within the
50 foot shoreland setback. A public lands permit is being requested to allow for the removal of
the existing deck, a portion of which is constructed in the commons, as well as to allow for the
new deck, which extends up to the property line.
-2914-
STAFF/CONSULTANT/AGENCY REVIEW
Copies of the request and supporting materials were forwarded to all City departments for
review and comment. Members are advised that some comments received during review have
been addressed and are, therefore, not included in this report. See summary of additional
comments provided below:
Heidi Quinn,
MCWD
An MCWD Erosion Control permit will be required for the
proposed tear -down re -build at 4941 Island View Drive, Mound.
From preliminary review of the plans provided, it does not appear
that other MCWD rules will be triggered.
Stewart Simon,
I do not see any issues with the proposed project; however,
Field Officer
access to the fire lane should be maintained to allow use by
emergency responders, should it become necessary.
Scott Qualle,
Building permit required including the submittal of all
Building Official
required information. Applicant is advised that there are
building/fire code regulations related to structures within
certain distances to property lines that affect
openings/projects and requires fire rating..
DISCUSSION
The applicant is proposing to remove and replace the existing home on the property. At
4,150 square feet, the property is smaller than the minimum lot size of 6,000 square
feet. The existing home has nonconformities, including east side yard setback, rear yard
setback, and lakeshore setback. The new home will improve and eliminate the
encroachments in the rear and lakeshore setback areas.
• An expansion permit is requested, as the applicant would like to maintain the east
wall's 2 foot encroachment on the east side yard setback; placing the home only 4 feet
from the property line instead of 6 feet. The east setback is located adjacent to a 15
foot unimproved alley, so the encroachment does not impact neighboring structures.
Note that the chimney and front stoop do extend 3.5 feet from the property line and are
allowable encroachments in the setback area as long as they are at least two (2) feet
from the property line.
+ While the home will be moved out of the rear and lakeshore setback areas, the wood
landing and proposed lakeside deck are proposed to be in the setback areas. Section
129-197 (4) does allow detached decks to encroach into rear and side yard setback
areas as long as they do not extend within 2 feet of the setback line. On lakeshore lots,
the deck shall comply with the 50 foot lakeside setback of the property. The proposed
deck will be within the 50 foot lakeside setback area.
-2915-
■ A public lands permit is requested to address the removal of the existing deck which
extends into Devon Commons. In addition, the proposed detached deck extends up to
the property line and will likely result in the need for some construction within Devon
Commons.
STAFF RECOMMENDATIONS
Expansion Permit. Staff recommends that the Planning Commission recommend that the City
Council approve the expansion permit for this site subject to the following conditions:
1. Applicant shall be responsible for payment of all costs associated with the land use
request.
2. No future approval of any development plans and/or building permits is included as part
of this action.
3. Applicant shall provide all required information upon submittal of the building permit
application.
4. The proposed new structure must comply with applicable building and fire codes
including the elevations that are located within certain distances of property lines which
may include fire rated walls and projections and also regulate openings.
5. Impervious surface coverage shall be less than 40% of the site. Hardcover calculations
will be verified as part of building permit process.
6. Applicant shall be responsible for procurement of any and/or all local or public agency
permits including, but not limited to, the submittal of all required information prior to
building permit issuance.
7. The applicant shall be responsible for recording the resolution with Hennepin County.
The applicant is advised that the resolution will not be released for recording until all
conditions have been met.
8. No building permit will be issued until evidence of recording of the resolution at
Hennepin County is provided unless an escrow of sufficient amount is on file with the
City. The applicant may also direct the City to record the resolution with the fees to be
taken out of the escrow.
-2916-
9. Effective September 1, 2011, new Minnehaha Creek Watershed District (MCWD) rules
related to wetlands, floodplain, erosion control and others are in effect. These rules are
now under the jurisdiction of the MCWD as regulatory authority and permitting was
officially turned back to the District by the Mound City Council on August 23, 2011.
Applicant is directed to contact the MCWD related to the new regulations and
applicable permits that may be needed to undertake the proposed project. Evidence
from the MCWD in the form of a permit or waiver must be provided before release of
any future building permit.
10. Access to the fire line must be maintained for use by emergency responders at all times.
11. Public lands permit approval for the subject property.
12. A foundation and as -built surveys will be a requirement of the future building permit.
In recommending Staff approval of the expansion permit, the following findings of fact are
offered:
1. The criteria of City Code Section 129-40 (a) are being met.
2. Improvements to the residential use of this property are in keeping with how it is
zoned and guided in the comprehensive plan and will not change the existing
neighborhood character.
3. The existing lot of record is undersized. This poses challenges for constructing a
conforming house. The project as proposed does improve existing nonconformities
as the home on this property will now be out of the rear and shoreland setback
areas.
4. The impact of the expansion permit has been minimized as the request is located
on the east side property line which is adjacent to a 15 foot unimproved alley.
Public Lands Permit. Staff recommends approval of the public lands permit application subject
to the following conditions:
1. Applicant shall be responsible for restoring any areas disturbed as part of the project to
pre -construction condition.
2. Variance approval for the subject property.
In recommending Staff approval, the following findings of fact are offered:
-2917-
The construction of a deck/patio for a residential home is reasonable.
The City's rights to Devon Commons are maintained and continued.
CITY COUNCIL REVIEW
In the event a recommendation is received from the Planning Commission, it will be forwarded
to the City Council for action at an upcoming meeting. At this time, the possible meeting date is
November 22, 2016, but is subject to change.
-2918-
L
r'A
2415 Wilshire Boulevard, Mound, MN 553,
Phone 952-472-0600 FAX 952-472-0620
EXPANSION PERMIT
APPLICATION
Application Fee and Escrow Deposit required at time of application.
Case No.1_I
Planca tuna nr nrint lanihly
SUBJECT
Address -19,11 1 SL4AKf7 V I 15�W
Uzi V�
PROPERTY
Z 3
LEGAL
Lot
Block
DESC.
p � V0 N
Subdivision
PID9 '25I 172�I1 1
Zoning: R1 RIA R2 R3 B1 B2 B3 (Circle one)
PROPERTY
Name POW r RDMNO &OOnWIH
Email FI.oWM8yKo0(?ouyfi`W-(4p�
OWNER
r
&6 7 C RF.P_KyP0012
OT,
Address
Phone Home Work
Fax
APPLICANT
Name Kt, 1, VI IJ rZ fTPCtA1_R Email KV'K0It&%0Uf6(IVE•o0M
(IF OTHER
2 6 8 G p0V F' LA µP
M du FA MN
THAN
Address ,
OWNER)
C'
Phone Home 72 - 3 q i Work 5''' Fax S� �
1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure
for this property? Yes ( ) No ()C). If yes, list date(s) of application, action taken, resolution number(s)
and provide copies of resolutions.
f.! D
2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.):
wJ w LAK,�Horli-,;.51oK`Prl%s'fogy PoRllowS), 26o;1, S.F N.I.C..
UNfiw. ►oW112 I.P_va,
Expansion Permit Information -2919-
(1/14/2016) Page 4 of 6
Case No. _
3. Please complete the following information related to the property and building's conformity with the
zoning regulations for the district in which it is located including the expansion permit request.
SETBACKS:
5W9
REQUIRED
REQUESTED
EXPANSION
war- ro
ri;md
1HE
(or existing)
50E 14ACL A-t6G70VT-
Front Yard:
(N S E W)
NA ft.
ft.
h k ft.
Side Yard:
(N SCDW)
(A ft.
'4 ft.
0 —Z ft.
Side Yard:
(N S E `fq)
6 ft.
6 ft.
C ft.
Rear Yard:
(&S E W)
20 ft.
9_0 ft.
O ft.
Lakeside:
( NQE W)
5*0 ft.
SO ft.
O ft.
(NSEW)
ft.
ft.
ft.
Street Frontage:
ft.
ft.
ft.
Lot Size:
sq ft
-110.51 sq ft
sq ft
Hardcover:
j 6 i sq ft
16614 sq ft
d sq ft
4. Does the present use of the property conform to all regulations for the zoning district in which it is
located? Yes ( ), No ()C). If no, specify each non -conformity:
?HE RAST
5W9
YhJILo
aP -Irr 15 ACQv65TWI
PDX THC N61d
war- ro
ri;md
1HE
6yfym&S?ru6Tu%61s EA31
50E 14ACL A-t6G70VT-
5. Are there exceptional or extraordinary circumstances justifying the expansion unique to the property such
as lot size or shape, topography or other circumstances over which the owners of the property since
enactment of this chapter have no control? Please check all that apply:
too narrow ( ) topography ( ) soil
( ) too small ( ) drainage ( ) existing situation
( ) too shallow ( ) shape ( ) other: specify
Please describe: -rH c LOT 15 5 w &li f l Tf} P Ekw i4,,.bow I tJ 6 o„oy
A �''-6" wivTk AG rW NhRROw55T Pa/vr FIX 1.0; Hou5B , OCA"Waio t
pr.Xnlr two 14.5 + zq' 6" !-4 IPI -14
Expansion Permit Information -2920-
(1/14/2016) Page 5 of
Case No.
6. Were the exceptional or extraordinary circumstances described above created by the action of anyone
having property interests in the land after the zoning ordinance was adopted (1982)? Yes ( ), No (k).
If yes, explain:
NO
7 Were the exceptional or extraordinary circumstances created by any other person -made change, such as
the relocation of a road? Yes (10, No ()0. If yes, explain:
N t7
B. Are the exceptional or extraordinary circumstances for which you request an expansion permit peculiar
only to the property described in this petition? Yes ()0, No ( ). If no, list some other properties which
are similarly affected?
NARA 14 W O -x f To 15 "=T IAKI� ,4(XP�55 .
9. Comments: 1µE 014Nfl:12 4-1 (1�4 J u5'fl f t f_P 'f0 AW Of Nr -.W
MSIi Tb Bl�- PLA6W 10 MAf&N S IZIJOTWLCC-S AhSf
WAU. LINA, k!k A15UTT h IS wf Acztrss 50 'fH6 PK6P05r;R
�IoU.E IS NO -T GROWPING AN APJAOONK HOUSP, ON 'TWAT 51P1--,
I certify that all of the above statements and the statements contained in any required papers or plans to be
submitted herewith are true and accurate. I acknowledge that I have read all of the variance information
provided. I consent to the entry in or upon the premises described in this application by any authorized
official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such
notices as may be required by law.
Owner's
Applicant's
Expansion Permit Information -2921-
(1/14/2016) Page 6 of 6
Date D /
Date 10-3-/6
2415 Wilshire Boulevard, Mound, MN 55364
Phone 952-472-0600 Fax 952-472-0620
Parks and Open Space Commission Date
PUBLIC LANDS 7.2VO
APPLICATION
Date Received
City Council Date
DISTRIBUTION Building Official Parks Director
DNR MCWD
Public Works Other
Check One
NEAR
® CONSTRUCTION ON PUBLIC LAND PERMIT — new construction. NOTE: NO
PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR
OTHER BUILDINGS ON PUBLIC LAND - City Code Section 62-11(a) & (b).
❑ PUBLIC LAND MAINTENANCE PERMIT — to allow repairs to an existing structure -
City Code Section 62-11(c).
❑ CONTINUATION OF STRUCTURE — to allow an existing encroachment to remain in
an "as is" condition - City Code Section 62-11(g).
❑ LAND ALTERATION — change in shoreline, drainage, slope, trees, vegetation, fill,
etc. - City Code Section 62-11(d).
The structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios,
sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which
means that those structures will at some time in the future have to be removed from the public lands. All permits are
granted for a limited time and are non -transferable. Stairway construction must meet the State Building Code when the
permit is for new construction, or a new permit is applied for due to a change in dock site holder.
Please tvDe or Printlegibly
APPLICANT
Name 4111V I N Xelyw g Email CIL kJ t; GRov P E I -I VI� . C411
Address 16 18 Lvlzoy-- HOUND , MN
Phone (H) SAf1re,(W)9572• 422-3 197 (M) 952-qq f - 0835
ABUTTING
Address 5SNI) VIf1W PIZ,
PROPERTY
7 3
�
LEGAL
Lot Block
DESC.
Subdivision
PID # 2511 72411 01 1 q Zoning: R1 R1A R2 R3 137 B2 B3 (Circle one)
Public Lands Permit Application
Page 1 of 2
Revised 4/12/2016
-2922-
OCT 0 3 2016
PUBLIC
Name Email
PROPERTY
To ALi ew
Dock Site # Shoreline Type
CONTRACTOR
Name ib 56 DSTE-MM0469 Email
7- FF QP xJ4LIZ OhWjr1
Address
1., <6
10AW L/NE ,
Phone(H) (W) (M)
A FEE OF 200 0 APPLIES IF VALUATION OF PROJECT EXCEEDS $1,000.00 AND NO
PUBLIC BENEFIT IS DERIVED.
UI•t ICNOW14
PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) $ is / 0",V
DESCRIBE REQUEST& PURPOSE 't'o ALLOW I-6H$TILV&7J014 dl' 2-�}S -5,F-
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Applicant's Signature /� Date 10-3-/6
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Public Lands Permit Application
Page 2 of 2
Revised 4/12/2016
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UPPER FLOOR PLAN
10-11-9
-2933-
BUILDING SECTION COMP05ITF
5CALE 1 /8" = I' -O'
-2934 -
-2935-
4
ZONING
4. Lakeshore, from the ordinary high-water line setback is 50 feet.
5. From any structure on same lot the setback is ten feet.
6. From principal building on an adjoining lot the setback is 20 feet.
b. Private swimming pools are prohibited in the front portion of residential
parcels. The front portion includes the area extending across the entire width of
the lot and situated between the front line of the principal building and the front
lot line.
C. The swimming pool shall be entirely enclosed by a protective fence or other
permanent structure not less than five feet nor more than six feet in height.
Such protective enclosures shall be maintained by locked gates or entrances
when the pool is not tended by a qualified and responsible person.
(2) Hot tubs. Outdoor hot tubs shall comply with subsections (b)(1)a and b of this section
with the exception that the setback from any structure on the same lot shall not apply.
Furthermore, all outdoor hot tubs shall be required to either contain surrounding
decking with appropriate guardrails or shall be secured by a locked cover when not in
use.
(Code 1987, § 350.645; Ord. No. 61-1993, § 350.645, 2-23-1994; Ord. No. 71-1994,10-31-1994)
Sec. 129-197. Required yards and open space.
(a) No yard or other open space shall be reduced in area or dimension so as to make such yard or
other open space less than the minimum required by this chapter, and if the existing yard or other open space as
existing is less than the minimum required, it shall not be further reduced.
(b) No required yard or other open space allocated to a building or dwelling group shall be used to
satisfy yard, other open space, or minimum lot area requirements for any other building.
(c) The following shall not be considered to be encroachments on yard requirements:
(1) Chimneys, window air conditioners, belt courses, leaders, sills, pilasters, lintels, ornamental
features, mechanical devices, comices, eaves, and the like, provided they do not extend
more than two feet into the required yard area. Gutters are allowable encroachments and are
not subject to setback.
(2) Uncovered porches, stoops or similar entrance structures not exceeding 32 square feet
which do not extend in elevation above the height of the ground floor elevation of the
principal building, and steps that do not extend to a distance of less than two feet from any
lot line.
(3) Decks, balconies, and the like, attached to the principal building which extend in elevation
above the height of the ground floor elevation of the principal building; and decks,
balconies, and the like, detached from the principal building and exceeding 30 inches in
height above the surrounding grade; provided that such structures described in this
subsection do not extend within ten feet of the rear lot line or extend beyond side yard and
front yard accessory building setbacks. On lakeshore lots, such structures shall comply with
the lakeshore setback of the principal structure.
(4) Detached decks or similar structures which do not extend above 30 inches in elevation
above the height of the surrounding grade and do not extend to a distance of less than two
feet from any lot line. On lakeshore lots, such structures shall comply with the lakeshore
setback of the principal structure.
(5) Yard lights and name plate signs for single-family and two-family dwellings, lights for
illuminating parking areas, loading areas or yards for safety and security purposes, provided
129:e1 -2936-
EXECUTIVE SUMMARY
To: Honorable Mayor and City Council
From: Sarah Smith, Community Development Director
Rita Trapp, Consulting City Planner
Date: November 16, 2016
Subject: Variance for 1920 Lakeside Lane
REQUEST SUMMARY
The property at 1920 Lakeside Lane is owned by Scott and Desiree Bazewicz. Applicant Scott Bazewicz,
submitted an application for a variance to allow the construction of an attached garage addition on the
north and west sides of the existing house. The proposed addition would provide space to
accommodate 2 vehicles and storage. The existing lot of record has improved frontage on Lakeside Lane
on the north side and Lake Minnetonka on the south side. According to Hennepin County data, the
existing house was built in 1935 and the lot is approximately 6,790 square feet in size. There are existing
nonconforming conditions including setbacks for the existing house and detached garages/sheds, which
are being removed/demolished with the proposed project. The minimum required front setback on the
north side for the garage addition is 30 feet. The applicant is requesting variance approval to allow a
front setback of 3.6 feet. Staffs assignment of the minimum required setbacks for the subject lot are 10
feet on the north side and 6 feet east side, as allowed for a lot of record that has a lot width between
40-79 feet. The applicant is also requesting variance approval to allow a west side setback of 1.4 feet.
PLANNING COMMISSION REVIEW AND RECOMMENDATION
The Planning Commission reviewed this case at their November 15, 2016 meeting. Planning Commission
discussion focused on evaluating the proximity of the proposed addition to the side and front property
lines. Concerns were raised about maintaining all parts of the addition on the applicant's property, as
well as regarding safety given the proximity of the garage to the front property line. The neighbor to the
west of the property attended the meeting and expressed concern about the proximity of the garage to
her existing fence. Staff explained that the updated survey that was provided by the applicant shows
the location of a fence on the applicant's side of the property. Staff also confirmed that the new
garage, as proposed, will be located 1.4 feet from the shared property line. Draft minutes from the
meeting have been prepared as an attachment to the Executive Summary Report. The Planning
Commission on a 4 to 1 vote, recommended approval of the variance with the conditions and findings,
as recommended by Staff.
RECOMMENDATION
Given Staff and the Planning Commission recommendation for approval, a resolution has been prepared
for your consideration.
-2937-
ADDITIONAL INFORMATION
• There is a building permit in the propertyjacket for the property at 1909 Lakeside Lane dated 5-
11-1992 that approved installation of a 3 -foot fence and 4 foot fence inside the property line.
The application included use of a partial survey/site plan that showed the proposed fence
drawn in the proposed location.
-2938-
,-,
RESOLUTION NO. 16 -
RESOLUTION APPROVING A VARIANCE
FOR 1920 LAKESIDE LANE
WHEREAS, the applicants, Scott and Desiree Bazewicz, submitted a request for a
variance to allow the construction of an attached garage addition on the north and west
sides of the existing house; and
WHEREAS, the property is located in the R-1 single-family residential zoning district;
and
WHEREAS, the 6,790 square foot property includes a home that was constructed in
1935; and
WHEREAS, the existing home was constructed far from the lakeshore, limiting the
location for a garage addition to the home; and
WHEREAS, there are nonconforming conditions on the property, including setbacks for
the house and setbacks for the garages/sheds that are proposed to be removed as a
part of the project; and
WHEREAS, the applicants have requested a variance to allow a front setback of 3.6 feet
and a west side yard setback of 1.4 feet for the proposed attached garage addition; and
WHEREAS, City Code Section 129-39 (a) outlines the criteria for granting variances
which is provided below:
(a) Criteria. A variance to the provisions of this chapter may be granted, but is not
mandated, to provide relief to the landowner in those zones where this chapter
imposes practical difficulties to the property owner in the use of the owner's land.
No use variances may be granted. A variance may be granted only in the event
that the following circumstances exist:
and
(1) The variance proposed meets the criteria for Practical Difficulties as defined
in City Code Sub. 129-2.
(2) Granting of the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to owners of other lands,
structures or buildings in the same district nor be materially detrimental to
property within the same zone.
(3) The variance requested is the minimum variance which would alleviate the
practical difficulty.
(4) A variance shall only be permitted when it is in harmony with the general
purposes and intent of the zoning ordinance and when the terms of the
variance are consistent with the comprehensive plan.
-2939-
WHEREAS, according to City Code Sec. 129-2, "Practical Difficulties" is defined as
follows:
Practical Difficulties, as used in conjunction with a variance, means that:
(i) The property owner proposes to use the property in a reasonable manner
not permitted by the zoning ordinance;
(ii) The plight of the landowner is due to circumstance unique to the property
including unusual lot size or shape, topography or other circumstances
not created by the landowner; and
(iii) The variance, if granted, will not alter the essential character of the
locality.
Economic considerations alone do not constitute practical difficulties. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
, and
WHEREAS, details regarding the requested variance for the proposed project are
contained in the Planning Commission report for the November 15, 2016 meeting and
the submitted application and supporting materials from the applicant; and
WHEREAS, Staff recommended approval of the variance subject to conditions; and
WHEREAS, the variance request was reviewed by the Planning Commission at its
November 15, 2016 meeting; and
WHEREAS, the Planning Commission recommended Council approval of the variance
as recommended by Staff; and
WHEREAS, the City Council reviewed the variance request at its November 22, 2016,
meeting and determined that approval would allow the property to be used in a
reasonable manner; and
WHEREAS, the City Council's decision on the variance application was made within the
timelines included in Minnesota Statutes 15.99; and
WHEREAS, in granting approval of the variance, the City Council makes the following
findings of fact:
1. The criteria of 129-39 (a) are being met.
2. Improvements to the residential use of this property are in keeping with how it is
zoned and guided in the comprehensive plan and will not change the existing
neighborhood character.
3. The location of the existing dwelling and the layout of the lot are existing
conditions and were not created by the actions of the applicant.
-2940-
4. Construction of an attached garage for vehicle/storage purposes is practical,
especially because of Minnesota's seasonal conditions.
5. All season interior vehicle and related storage is viewed as favorable.
6. The proposed size of the attached garage addition is reasonable.
7. The proposed garage addition will improve livability for the existing home and
property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound does
hereby incorporate and restate the recitals set forth above and approve the variance for
the property at 1920 Lakeside Lane, as described in Exhibit A, with the following
conditions:
1. Applicant shall be responsible for payment of all costs associated with the land
use request.
2. Applicant shall be responsible for procurement of any and/or all local or public
agency permits including, but not limited to, the submittal of all required
information for building permit issuance.
3. No future approval of any development plans and/or building permits is included
as part of this action in the event the variance application is approved.
4. The applicant shall be responsible for recording the resolution with Hennepin
County or may request the City to record the resolution with the involved fees to
be taken out of the escrow. The resolution will not be released for recording until
all conditions have been met.
5. No building permit will be issued until evidence of recording of the resolution at
Hennepin County is provided.
6. No building permits will be issued until any and/or all fees associated with the
land use application have been paid unless an escrow deposit of sufficient
amount is on file with the City.
7. Eave extension on west elevation will need to be verified to ensure it does not
overhang the property line. This eave must account for and be guttered with
discharge to the front or back of the lot and shall not be directed on to the
neighboring property.
8. No mechanical, heating, or plumbing for the addition shall be placed on the west
lot line.
-2941-
9. All front elevation exterior finishes need to be solid product, impact and weather
resistant and non-fibrous. Metals should be higher gauge than normally
specified, corrosion resistant, and more durably painted to reflect increased risk
of damage by snow removal and street maintenance functions by the City due to
proximity.
10. The City shall not be responsible to fagade damage due to normal municipal
operations.
11. No overhanging on to or over the ROW of parked/stored objects on the proposed
driveway/approach aprons shall be allowed.
12. The submitted survey indicates street elevation of 947 and 948 across the front
of the addition, floor elevation of the garage should be sufficient (948+) to ensure
up-slope from street to protect garage from area runoff following street gutters.
The top of apron -back must be same elevation as back -of -curb to ensure
containment of designed street flows.
13. Hardcover on the subject site, post construction, cannot exceed 40 percent for a
lot of record or not exceed current amounts, if lawful nonconforming. Applicant
will be required to submit detailed hardcover information as part of the future
building permit.
14. A foundation and as -built surveys will be a requirement of the future building
permit.
15. The proposed garage addition structure shall meet the building and fire codes in
all regards.
16. The garage addition shall meet the required minimum construction elevation of
933.0.
Adopted by the City Council this 22nd of November, 2016.
Attest: Catherine Pausche, Clerk
Mark Wegscheid, Mayor
-2942-
MINUTE EXCERPTS
MOUND ADVISORY PLANNING COMMISSION
NOVEMBER 15. 2016
Chair Penner called the meeting to order at 7:00 pm.
ROLL CALL
Members present: Chair Cindy Penner; Commissioners Jason Baker, Jeffrey Bergquist, David
Goode, and Jameson Smieja. Members absent: Doug Gawtry and Jennifer Peterson. Staff
present: Community Development Director Sarah Smith, Consultant Planner Rita Trapp, and
Secretary Jill Norlander.
Members of the public: Scott Bazewicz, 1920 Lakeside La; Beatrice Amidon, 1909 Lakeside La;
Kelvin Retterath, 2618 Grove La; Don Goodwin, 4941 Island View Dr; Scott Gates, 1920 Lakeside
La
BOARD OF APPEALS
Variance PC Case No. 16-36
1920 Lakeside Lane Attached Garage Addition
Applicant: Scott Bazewicz
Smith introduced the variance. The applicant is requesting approval to allow the construction
of an attached garage addition on the west and north sides of the existing house. The addition
would provide space to accommodate 2 vehicles and storage. There ae existing nonconforming
conditions on the west side of the house. The detached structures are being removed and
replaced with the garage addition project.
The applicant is requesting a variance to allow a front setback of 3.6 feet and a side setback of
1.4 feet. The proposed addition would replace 2 existing detached structures located on the
west side of the house. Hardcover is anticipated to increase by 95 square feet, which puts the
property at 41.24 percent; however, driveway and landscaping modifications will reduce
hardcover to within required levels. Due to the proximity of the addition to the lot lines on the
west/north sides of the house, the applicant has been made aware of building/fire code
regulations related to fire rating/openings/projections for structures within certain distances.
Baker questioned the difference of the proposed addition and the existing accessory structures.
Smith demonstrated the measurements.
Bergquist confirmed that the accessory buildings on the site will be removed. Smith agreed.
Smieja asked about the regulations for accessory structures on lakeside. Smith stated that the
setback is 50 feet from the ordinary high water mark and that it applies to structures that are
under the 200 square feet as well.
-2943-
Planning Commission Minutes
November 15, 2016
Smieja referred to Hoversten's notes regarding "truing up the drip lines" and requested
clarification. Smith stated that Hoversten doesn't see a significant difference to what's on the
site today; just adding more bulk.
Penner asked about hardcover. Smith believes that the applicant indicated it would conform to
the 40% requirement after site/landscaping alterations were complete.
Smieja questioned condition 8, referring to exterior units. Smith said, according to the 2 -foot
setback for mechanical units per code and due to the proximity of the proposed structure,
applicant is advised that no mechanical its (i.e., air conditioning units) can be placed on that
side.
Smieja noted that, in condition 10, the City was not responsible for facade damage caused by
normal maintenance. What happens with a new owner? Smith replied that it will be filed
against the title and any future owners would be aware of the variance.
Scott Bazewicz, 1920 Lakeside Lane, restated that the path down to lake will be eliminated to
maintain the hardcover below 40%. Bazewicz also showed a diagram of the cars fitting into the
garage and how the side loaded garage would not work.
Smieja asked about the gutter line. Bazewicz indicates that they will alter it however it needs to
be.
Smieja expressed concerned about the proximity to the road, especially regarding backup
visibility and children darting out of the garage.
Beatrice Amidon, 1909 Lakeside Lane, was concerned about closeness of the garage to her
fence. Discussion took place about the fence including the updated survey dated October 31,
2016 which shows a fence on the applicant's side of the shared property line. Ms. Amidon
showed a survey on the overhead and indicated that a fence for her property was installed with
a permit and was to be 1 -foot on her side of the line.
Staff confirmed that the proposed addition would be 1.4 feet from the property line.,
MOTION by Baker, second by Goode, to recommend approval of the variance with staff
recommendations 1-16 and findings of fact 1-7. MOTION carried. Voting for: Baker, Bergquist,
David, and Penner; Voting against Smieja
In voting against, Smieja stated that he has concerns about the closeness of the garage to the
road and safety concerns as well the proximity of the garage to the shared side lot line.
-2944-
PLANNING REPORT
TO:
FROM:
DATE:
PLANNING CASE NO.
SUBJECT:
APPLICANT:
LOCATION:
MEETING DATE:
COMPREHENSIVE PLAN:
ZONING:
BACKGROUND
Mound Planning Commission
Sarah Smith, Community Development Director
November 8, 2016
16-36
Variance
Scott and Desiree Bazewicz
1920 Lakeside Lane (PID No. 18-117-23-23-0057)
November 15, 2016
Low Density Residential
R-1 Single Family Residential
The property at 1920 Lakeside Lane is owned by Scott and Desireee Bazewicz. Applicant Scott
Bazewicz, submitted an application for a variance to allow the construction of an attached
garage addition on the west and north sides of the existing house. The proposed addition
would provide space to accommodate 2 vehicles and to provide storage. The existing lot of
record has improved frontage on Lakeside Lane on the north side and abuts Lake Minnetonka
on the south side. According to Hennepin County data, the existing house was built in 1935
and the lot is approximately 6,790 square feet in size. There are existing nonconforming
conditions including setbacks for the existing house and detached garages/shed located on the
west side of the house. The detached structures are being removed and replaced with the
proposed garage addition project.
The minimum required front setback on the north side for the garage addition is 30 feet. The
applicant is requesting variance approval to allow a front setback of 3.6 feet. Staffs
assignment of the minimum required setbacks for the subject lot are 10 feet on the west side
and 6 feet on the east side, as allowed for a lot of record that has a lot width between 40-79
feet. The applicant is requesting variance approval to allow a west side setback of 1.4 feet.
REVIEW PROCEDURE
City Code Section 129-39 (a) states that a variance may be granted to provide relief to a
landowner where the application of the City Code imposes practical difficulty for the property
owner. In evaluating the variance the City Council must consider whether:
-2945-
(1) The variance proposed meets the criteria for Practical Difficulties as defined in City
Code Sub. 129-2.
(2) Granting of the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to owners of other lands, structures or
buildings in the same district nor be materially detrimental to property within the
same zone.
(3) The variance requested is the minimum variance which would alleviate the practical
difficulty.
(4) A variance shall only be permitted when it is in harmony with the general purposes
and intent of the zoning ordinance and when the terms of the variance are
consistent with the comprehensive plan.
According to City Code Sec. 129-2, "Practical Difficulties" is defined as follows:
Practical Difficulties, as used in conjunction with a variance, means that:
(i) The property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance;
(ii) The plight of the landowner is due to circumstance unique to the
property including unusual lot size or shape, tomography or other
circumstances not created by the landowner; and
(iii) The variance, if granted, will not alter the essential character of the
locality. Economic considerations alone do not constitute practical
difficulties. Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar energy systems.
60 -DAY PROCESS
The variance application was submitted on October 3, 2016 . Pursuant to Minnesota State
Statutes Section 15.99, the City of Mound has sixty (60) days to approve or deny the land use
request, unless an extension is executed by the City in accordance with state rules. Minnesota
Statutes 645.15 sets forth the procedures for determining "Day 1" for the purpose of
application of the 60 -day rule; "Day 1" for this case was determined to be October 4, 2016.
PUBLIC NOTIFICATION
Property owners abutting the subject site, per Hennepin County tax records, were mailed a
letter on November 8, 2016. to inform them of the variance request and upcoming November
15th special Planning Commission meeting.
-2946-
STAFF/CONSULTANT/AGENCY REVIEW
Copies of the request and supporting materials were forwarded to all City departments for
review and comment. Members are advised that some comments received during review have
been addressed and are, therefore, not included in this report. Please see belowfor summary
of comments:
Eric Hoversten, City Manager -Public Works Director. Although the requested variance
to setbacks in this request is substantial (24.06 front and 8.6 side), changes to the
encroachments only impact the neighboring property to the west at the side lot line
toward the rear of the addition, .2 ft closer than the existing legal, non -conforming
encroachment. Expansion of the front encroachment is toward the requestor's
property, not neighboring properties. A garage is a reasonable amenity in Minnesota's
harsh climate.
A side loaded garage addition is not viable within the current front and side
encroachments, due to limited space on the southeast side for an approach
apron/parking pad. Distance off street and resulting impact to municipal operations,
right-of-way sight lines, and perception of an "over cramped" space doesn't change
with side load orientation so there is no benefit in forcing.
Project is not proposed as a scrape, so "no worse than before" seems to be more
appropriate than elimination of non -conformity and the impact of "truing up" the
drip lines for the new compared to the existing legal, non -conforming is minimal.
Adding congestion against the street is normally undesirable, the cramping along the
NW lot line is concerning; but, this request seems reasonable when taken as a whole.
Heidi Quinn, MCWD. Erosion control permit required.
Dan Faulkner, City Engineer. The existing detached garage is very close to the street
and the proposed garage addition appears to even be a bit closer, making it difficult for
a vehicle to stop, or park, in front of the garage without having the backend of the
vehicle in the street. I don't see any alternative, though, without removing the existing
house and building a new one further back from the R/W line.
Stewart Simon, Field Officer. No issues.
Scott Qualle, Building Official. Building permit required including the submittal of all
required information. Applicant is advised that there are building/fire code regulations
related to structures within certain distances to property lines that affect
openings/projections and requires fire rating.
-2947-
DISCUSSION
The proposed addition would replace two (2), existing detached structures that are
located on the west side of the house. With the proposed garage addition project,
hardcover is anticipated to increase by 95 square feet according to information on the
submitted survey, which puts the property at 41.24 percent. However, information
contained in the applicant narrative states that the driveway and landscaping
improvements to be undertaken with the project will be reducing hardcover. Detailed
hardcover information will be required as part of a future building permit.
Per City Code Chapter 129-19 , eaves are allowed to extend 2 feet into setbacks but
cannot extend over property lines. Gutters are exempt. Due to the proximity of the
proposed addition on the west/north sides of the house to the property lines, the
applicant is advised that there are building/fire code regulations related to fire
rating/openings/projections for structures within certain distances.
STAFF RECOMMENDATION
Staff is recommending that the Planning Commission recommend that the City Council approve
the variance request for the proposed attached garage addition project for a reduced front and
side yard setbacks for the property with the following conditions:
1. Applicant shall be responsible for payment of all costs associated with the land use
request.
2. Applicant shall be responsible for procurement of any and/or all local or public agency
permits including, but not limited to, the submittal of all required information for
building permit issuance.
3. No future approval of any development plans and/or building permits is included as
part of this action in the event the variance application is approved.
4. The applicant shall be responsible for recording the resolution with Hennepin County or
may request the City to record the resolution with the involved fees to be taken out of
the escrow. The resolution will not be released for recording until all conditions have
been met.
5. No building permit will be issued until evidence of recording of the resolution at
Hennepin County is provided.
6. No building permits will be issued until any and/or all fees associated with the land use
application have been paid unless an escrow deposit of sufficient amount is on file with
the City.
7. Eave extension on the west elevation will need to be verified during the building
permit process to ensure it does not overhang the property line. This eave must
accommodate drainage and be guttered, with discharge to the front or back of the lot
and shall not be directed on to the neighboring property.
8. No mechanical, heating, or plumbing for the addition shall be placed on the west lot
line.
9. All front elevation exterior finishes need to be solid product, impact and weather
resistant, and non-fibrous. Metals should be higher gauge than normally specified,
corrosion resistant, and more durably painted to reflect increased risk of damage by
snow removal and street maintenance functions by the City due to proximity to the
fronting street.
10. The City shall not be responsible to facade damage caused by normal municipal
operations.
11. No overhanging onto or over the ROW of parked/stored objects on the proposed
driveway/approach aprons shall be allowed.
12. The submitted survey indicates street elevation of 947 and 948 across the front of the
addition. The floor elevation of the garage should be sufficient (948+) to ensure up-
slope from street to protect garage from area runoff following street gutters. The top
of apron -back must be same elevation as back -of -curb to ensure containment of
designed street flows.
13. Hardcover on the subject site, post construction, cannot exceed 40 percent for a lot of
record or not exceed current amounts, if lawful nonconforming. Applicant will be
required to submit detailed hardcover information as part of the future building permit.
14. A foundation and as -built surveys will be a requirement of the future building permit.
15. The proposed garage addition structure shall meet the building and fire codes in all
regards.
16. The garage addition shall meet the required minimum construction elevation of 933.0.
-2949-
Staff's recommendation for approval is based on the following findings of fact:
1. The criteria of 129-39 (a) are being met.
2. Improvements to the residential use of this property are in keeping with how it is zoned
and guided in the comprehensive plan and will not change the existing neighborhood
character.
3. The location of the existing dwelling and the layout of the lot are existing conditions
and were not created by the actions of the applicant.
4. Construction of an attached garage for vehicle/storage purposes is practical especially
because of Minnesota's seasonal conditions.
5. All season Interior vehicle and related storage is viewed as favorable.
6. The proposed size of the attached garage addition is reasonable.
7. The proposed garage addition will improve livability for the existing home and property.
CITY COUNCIL REVIEW
In the event a recommendation is received from the Planning Commission, it will be forwarded
to the City Council for action at an upcoming meeting. At this time, the tentative date is
Tuesday, November 22, 2016 , but is subject to change.
-2950-
K
November 8, 2016
TO: City of Mound
415 Wilshire Boulevard
Mound, MN 55364
FROM: Scott and Desiree Bazewicz
1920 Lakeside Lane
Mound, MN 55364
RE: Variance Request for Garage Addition— 1920 Lakeside Lane—Mound, MN
To whom this may concern,
We are writing this letter in regards to our garage variance request. We would like to replace
and rebuild the small garage currently on the property. We have revised this letter to reflect
our meeting with City staff and the recommendation's resulting from it.
The house was built in 1920 and they built it, and the current garage, very close to the street.
The existing garage is too small for most vehicles and offers us almost no storage.
We are a growing family of 4, with very young children. We would like to get our cars inside and
protect both them and our kids from the elements. We are very grateful to be able to live on
the water. It has been a dream of ours, a dream come true. However, the house we live in is
very small —just two bedrooms — and it has very little storage.
This garage addition would allow us the room to improve our living conditions. It would provide
the storage we need for things like our Christmas decorations, kid's clothes, winter jackets and
other things we just don't have room for in our home or the current garage.
The reasons supporting our request for a variance for this garage addition include:
• Most homes today have two to 3 (or more) garage stalls, including most homes in the
area.
• Our home is setback along way from the lake —much farther than the minimum
required setbacks. This provides more green space to the lake side, but leaves us unable
to build a garage to the front that would meet current setbacks.
• Many homes in the area have similar issues, with short setbacks, including from the
street, often well below current requirements. Our proposed garage would be similar to
many of these other neighborhood and lake area properties.
Allowing construction of this garage addition would allow us to get two vehicles inside,
which will improve the property's appearance to our neighbors and surrounding
neighborhood, and would help protect our cars and kids from the elements.
-2951-
• We initially designed the addition to maintain existing setbacks —from both the side
yard and the street, and located the new addition so it does not encroach further into
the existing setbacks.
• This garage addition minimally affects the lot hardcover area. We plan to remove other
existing hardcover to add landscaping etc., including in front and on lake side of the
house. The total net hardcover after the addition will end up nearly the same, or a little
less, as it is now.
• As we initially designed it, even with the variance, this garage addition only allowed
enough depth to park one standard sized car pulling in from the street. For a typical
family -sized vehicle there is not enough depth to pull the 2nd car straight in from the
street.
To work within the existing front setback from the street, we initially designed so the
second car parking space inside was parallel to the street, accessed from a single garage
door on left side of the garage. We would have preferred to pull into both stalls from
the street, like a normal garage, but that would require reducing the setback from the
street an additional 2 feet or more from the front of the existing garage.
Based on recommendations from our meeting with City staff, we eliminated the side
load garage door and reduced the setback from the street enough to add the minimum
depth necessary to the garage to allow the 2"d vehicle to enter thru a garage door facing
the street. This change does not realistically cause significant change, as the setback was
already short and largely unusable.
We agree this provides a better overall solution — in many ways. As noted, this would
have been our preference, however, we initially tried to stay within the existing
setbacks.
We have updated the survey, and redrawn the full plan set to reflect this modification.
To try to make this addition best fit the neighborhood and our lot, we paid fora full, new survey
to verify all existing measurements, and accurately show the new addition. We also hired an
architect, and spent many hours going over various designs and revisions to see what worked.
We felt this design was the best overall option. With the modifications suggested by staff we
feel even better about this plan.
Our initial designs had a slightly lower roof height on the garage. However, as we looked at
compatibility with surrounding homes, and reviewed structural and roof design (water)
questions, we determined raising the roof on the addition slightly —to match the existing roof
line on the house, although it incurs additional cost— created a simpler structure and roof, and z
look more in line with the neighborhood and nearby homes. We also added windows to the
garage addition to soften the facade and improve the look of the street visible portions of the
garage.
-2952-
We plan to remove and replace the existing driveway with new paving, and do some
landscaping at the front of the house as a part of the addition as well.
I grew up in Mound, and we love living in this community, and on the lake, but a smaller house
is the only way we can afford it. We want to stay and raise our kids here, but need more room
for storage and covered parking for our cars and the protection of our kids.
Thank you for your time. We are excited about this and hope it can be approved so we can get
started while we can still do the foundation work this fall.
We would be happy to answer any questions.
Thank you,
TK( 13azewicz Family
-2953-
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-2954- 1
app. IV aicub
1920 Lakeside Lane - Mound, MN -- Garage remodel - 9012016
Revision 7 - by Scott Gates (612) 670-7268
-2955-
e!
VARIANCE
""-- APPLICATION
2415 Wilshire Boulevard, Mound, MN 55364
Phone 952-472-0600 FAX 952-472-0620
Application Fee and Escrow Deposit required at time of a tion.
Planning Commission Date Case No.
City Council Date
Please type or print legibly
SUBJECT Address O L I'Z&' r L41
PROPERTY
LEGAL Lot_ 06 l l r' - IfAkl V leicoo P01 n Block_
DESC.
Subdivision
PID# n —�kj—on Z6ing: R1 RIA R2 R3 Bt B2 B3 (Circleone)
PROPERTY Name YC % ✓4 Z L �-JC Z Email �t� C
OWNER _
Address
Phone Home Ua Fax
APPLICANT Name Email
(IF OTHER
THAN Address
OWNER)
Phone Home Work Fax
I. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure
for this property? Yes( ) N? If yes, list date(s) of application, action taken, resolution number(s)
and provide copies of resoluti s.
2. Detailed description of proposed construction or alteration (size, number of stories, type of use
Variance Information
(1/14/2016) Page 4 of 6
-2956-
0
Case No. 3
3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning
district in which it is located? Yes ( ) No. If no, specify each non -conforming use (describe reason
for variance request, i.e. setback, lot area( etc.):
SETBACKS: 61 S`W ED
111-NO�
Front Yard: (N S E W) ft.
Side Yard:
( N S E W)
Side Yard:
(N S E W )
Rear Yard:
(N S E W)
Lakeside:
(N S E W )
(NSEW)
Street Frontage:
Lot Size:
Hardcover:
ft.
ft.
if,
ft.
ft.
ft.
sq ft
sq ft
REQUESTED
(or existing)
i
ft.
ft.
ft.
ft.
ft.
ft.
sq ft
sq ft
VARIANCE
u�
ft.
ft.
sq ft
sq ft
4. Does the present use of the property conform to all regulations for the zoning district in which it is
located? Yes 0, No (° ). If no, specify each non -conforming use:
5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the
uses permitted in that zoning district?
( ) too narrow
( ) too small
( ) ton chnllnw
Please describ�_
Variance Information
(1/14/2016) Page 5 of 6
)topography ( ) soil
( ) drainage ( ) existing situation
I 1 Ghana / 1 nfhar• cnorifv
-2957-
)topography
2957-
Case No.
6. Was the practical difficulty described above created by the action of anyone having property interests in
the land after the zoning ordinance was adopted (1982)? Yes ( ), No PQ. If yes, explain:
7. Was the practical difficulty created by any other human -made change, such as the relocation of a road?
Yes( ),No (A. If yes, explain:
S. Are the conditions of practical difficulty for which you request a variance peculiar only to the property
described in
this petition? Yes N No ( ). If no, list some other properties which are similarly affected?
9. Comments:
I certify that all of the above statements and the statements contained in any required papers or plans to be
submitted herewith are true and accurate. I acknowledge that I have read all of the variance information
provided. I consent to the entry in or upon the premises described in this application by any authorized
official of the City of Mound for the pur specting, or of posting, maintaining and removing such
notices as may be required by
Owner's
Variance Information
(1/14/2016) Page 6 of 6
-2958-
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This information sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning
Ordinance. Every effort has been made to insure the accuracy of the information contained herein. However, if
any information is not consistent with provisions of the City Code, the Code provisions will prevail. For further
information, contact the City of Mound Planning Department at 952-472-0607.
General Zoning Information Sheet
R-1 Zoning District — Single Family Residential
PRINCIPAL BUILDINGS — Lot Area, Lot Width, and Setback Requirements
Minimum Lot Area ......... ......... ............................... ......................... 10,000 Square Feet
MinimumLot Width......................................................................................... 60 Feet
FrontYard Setback....................................................................................... 30 Feet
SideYard Setback........................................................................................10 Feet
RearYard Setback........................................................................................15 Feet
MinimumLot Depth........................................................................................80 Feet
Lakeshore / Ordinary High Water Setback..........................................................60 Feet
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
abutting fire lanes, alleys or unimproved street right-of-ways.
Building Height. The vertical distance to be measured from the average grade of a building line to the top, to
the 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 a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the
highest gable on a pitched or hip roof. No building hereafter erected shall exceed two and one half (2-1/2)
stories or thirty-five (35) feet in height.
LOTS OF RECORD, Special Provisions
40 - 50 feet 10 feet
50 — 80 feet 20 feet
81 feet or more 30 feet
Yard Reauirements — The reauired side vard setback shall be
40 — 79 feet 6 feet
80 —100 feet 8 feet
101 feet or more 10 feet
Front Yard — Except as regulated in Section 129-197 (f) of the City Code, the front yard setback shall be
based on the lot depth as follows:
Lot depth Minimum front vard setback
I 60 feet or less I 20 feet
61 — 80 feet 24 feet
81 feet or more 30 feet
2"
2968-
HARDCOVER REQUIREMENTS Impervious surface coverage of lots shall not exceed 30 percent of the lot
area. On existing lots of record', impervious coverage may be permitted by a maximum of 40 percent
providing that techniques are utilized as identified in Section 129-385 (g)(2). Impervious cover is any surface
impervious or resistant to the free flow of water or surface moisture, including all buildings, driveways and
parking areas whether paved or not, tennis courts, sidewalks, patios and swimming pools. Open decks (1/4"
minimum opening between boards) shall not be counted in impervious cover calculations.
UC IHl.11CU NliV COAVR7 OVILuOYVo iymr%P%y=olonr-uo/ - LVI I uyyraww wju Ovwa4n nC4ull all
An accessory building shall be considered to be an integral part of the principal structure unless it is five
feet or more from the principal structure or use and providing that the structure exceeds,120 square feet.
Area and Size Requirements (see hardcover requirements on nape 1)
A. Accessory buildings shall not exceed a total gross floor area of 3,000 square feet or 15% of the
total lot area whichever is less.
B. Each individual accessory building shall not exceed 1,200 square feet of gross floor area.
C. The total number of accessory buildings for lots measuring 10,000 square feet or less shall be
two (2). On lots exceeding 10,000 square feet, accessory buildings shall be limited to a total of
three (3).
2. Front Yard Setback. All accessory buildings shall meet thte same front yard setback requirements as
the principal building, except for Lakeshore and through lots. For detached garages on a lakeshore or
through lots, a minimum twenty (20) foot front yard setback is required if the garage door(s) open to the
street; an eight (8) foot front yard setback is required if the garage door(s) open to the side lot line.
3. Side Yard Setback. A detached accessory building may be located within four (4) feet of the side lot
line in the rear yard with a minimum of a six (6) foot setback in side yard location. On through and
lakeshore lots, a detached accessory building may be located within four (4) feet of the side lot line in
the front yard. Whenever a garage is designed with the doors facing a side lot line, the minimum
distance between the doors and the side lot line shall be twenty (20) feet.
4. Rear Setback. A detached accessory building may be located within four (4) feet of the rear lot line.
Lakeshore Setback. Detached accessory buildings must maintain a 50 foot setback from the ordinary
high water.
DECKS See separate deck handout for more information.
Front and Sides.....................................................Same as Accessory Building Setbacks
Rear..............................................................................................................10 feet
ELEVATION
Ordinary High_Water
Flood Elevation
Lowest Floor Elevation
REQUIREMENTS
LAKE MINNETONKA
929,4
MCWD 931.5
933
CITY 931
KE
DUE�ANGDON
939.2
940
942
LAKE
932.1
935
937
2AA
2969-
CITY OF MOUND
NOTICE OF INTENT TO CONSIDER ISSUANCE OF FRANCHISE
Notice is hereby given on behalf of the City of Mound ("City") of their intent to consider
issuance of a competitive franchise. This notice is given in accordance with Minnesota law.
The application requirements are set forth in Minnesota Statutes, Section 238.081, subd. 4. In
addition:
1. Applications in response to this Notice must be submitted to the City by 4:00 p.m.,
Monday, November 7, 2016.
2. Applications must be in writing, notarized, and consistent with the application
requirements. Applicants must submit an original and two copies of the application. A
copy of the application must be mailed or delivered to Robert J.V. Vose, Esq., Kennedy
& Graven, 470 US Bank Plaza, 200 South Sixth Street, Minneapolis, MN 55402.
3. Each application shall be submitted along with an application fee of $15,000.00 in the
form of a certified check made payable to the City. Applicants will be required to
reimburse any expenses not covered by the application fee.
4. Applicants are requested to be present at a public hearing before the City beginning at
7:00 p.m. on Tuesday, November 22, 2016 at Mound City Council Chambers, 5341
Maywood Road, Mound, Minnesota.
5. The minimum system design and services to be offered are reflected in the Cable
Franchise Application Instructions supplied to interested parties.
6. Upon review of the application(s) and completion of the public hearing, the City will
make a recommendation regarding award of franchises. Such recommendation shall be
based on applicable law and the record including the application, information provided by
the applicant, and other relevant information received by the City including the results of
any negotiations with applicant(s) and any information submitted by the incumbent
franchise company.
7. In no event will submission of a conforming application entitle any applicant to grant of a
franchise. The City expressly reserves the right to reject both conforming and non-
conforming applications.
8. Any successful applicant(s) will be required to accept the franchise granted within thirty
(30) days after adoption.
9. Any questions concerning applications should be directed to Robert J.V. Vose, Esq.,
Kennedy & Graven, 470 US Bank Plaza, 200 South Sixth Street, Minneapolis, MN
55402; telephone (612)337-9275; e-mail: rvose@kennedy-graven.com
Date: October 12, 2016.
Published in: The Laker on October 15, 2016 and October 22, 2016.
-2970-
< a,
f Greve'
CHARTERED
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9275 telephone
(612) 337-9310 fax
hjV://ww kennedy-@raven.com
rvose@kennedy-graven.com
MEMORANDUM
Date: November 14, 2016
To: City of Mound
From: Bob Vose
Re: Cable Franchise Application; Frontier
Citizens Telecommunications Company of Minnesota, LLC, d/b/a Frontier ("Frontier") recently
approached the City about obtaining a franchise to provide cable service. Frontier has
approached other cities in the west metro including Delano, Watertown and Maple Plain for
cable franchises. In addition, Frontier has already received franchises from Apple Valley,
Burnsville, Farmington, Lakeville, and Rosemount.
Public Hearing
Minnesota law establishes the process for local issuance of cable franchises. As required, the
City published Notice of Intent to consider issuance of a franchise. Frontier filed a timely and
complete application and the required fee.
On November 22nd, the City will hold a statutorily -required public hearing to consider the
application. The public hearing will give Frontier an opportunity to summarize its application
and cable plans. The public and the incumbent cable provider, Mediacom, will also have an
opportunity to comment.
Frontier's application notes that Minnesota has a "level playing field law," Minn. Stat. § 23 8.08,
for issuance of a second cable franchise. This law requires that grant of "an additional franchise
for cable service for an area included in an existing franchise" must not be "on terms and
conditions more favorable or less burdensome" than those in the existing franchise regarding
area served, PEG provisions and franchise fees. State law also requires substantial build -out of a
cable system to make cable service available within five (5) years of receipt of an initial
franchise.
Frontier's application addresses the company's service deployment plans. The application
indicates that Frontier's expansion "should be driven by market success, and not a contractual
requirement for ubiquitous coverage." In negotiations with other cities, however, Frontier has
agreed to construct and activate cable service consistent with state law; i.e. 5 years to
substantially build -out. This issue may be further addressed at the hearing.
RJV-205513v1 -2971-
RE260-17
Finally, any franchise issued to Frontier must state that the applicant's financial, technical, and
legal qualifications were considered and approved. Minn. Stat. § 238.081, subd. 4. Frontier's
application includes information addressing these qualifications. The FCC, however, has
indicated that the need for a detailed review of an applicant's qualifications is diminished in a
case where an incumbent phone company is seeking a cable franchise. Frontier has Minnesota
Public Utilities Commission approval to provide local phone service in Mound and has
constructed facilities in public rights -of -ways to provide such services. Thus, the City's need to
evaluate Frontier's qualifications is diminished.
Process Going Forward
The franchising process is "quasi-judicial" meaning the city council will need to act as a neutral
and independent decision -maker concerning the application and any comments or opposition that
may be presented. In re Application of Dakota Telecommunications Group, 590 N. W.2d 644,
647-8 (Minn. App. 1999). Accordingly, only staff and legal counsel should engage in direct
communications with Frontier regarding its application. City council members should not
communicate with Frontier regarding its cable service plans before rendering a decision.
n
Recommendation ��"•'^' •-•-•••-•—•_,_...._..�..._ ..
4
fi € At the conclusion of the hearing, the hearing record should be closed. In turn, staff and legal
r counsel should be directed to review the application, consider any input received at the hearing,
and begin negotiations with Frontier. Upon completion, a report regarding the application will
be presented to the council along with any negotiated franchise.
Accordingly, we recommend that the council: 1) conduct and close the hearing, and; 2) direct
staff and legal counsel to negotiate proposed franchise terms and provide a report concerning the
application.
RJV-205513VI -2972
RE260-17
11/16/2016
Commitment to those we serve
• Our values
• Put the customer first
Local engagement
• Employees live and work in communities we serve
• Local decision making
Commitment to veterans
• Veterans, reservists and their spouses represent over 1 out of
10 Frontier employees (approximately 13%)
• Member of The Military Spouse Employment Partnership, the
100,000 Jobs Mission, The Employer Partnership of the Armed
Forces, Honor and Remember, and Joining Forces
-2973-
Quick Facts
• S&P 500 Company
• Fortune 500
• Leading provider of communications services
in urban, suburban and rural America
• States Served: 29
• Employees: 29,000 (approx.)
• Revenue: $11B (approx.)
• Minnesota State headquarters: Burnsville, P^
• Corporate headquarters: Norwalk, CT
Current Video Service Areas
• Fiber to home (FTTH)
• Suburban Seattle, WA
• Suburban Portland, OR
• Southern California (from the greater Santa
Barbara area to the Palm Springs area)
• Suburban Dallas, TX
• Fort Wayne, IN
• Tampa, FL
• Fiber to the node and fiber/copper to the home
• Throughout the State of Connecticut
• Durham, NC
• South Twin Cities Metro area (Apple Valley,
Burnsville, Farmington, Lakeville, Rosemount)
-2974-
11/16/2016
2
Vantage TV Overview
• Powered by Ericsson's Mediaroom software platform
NS IPTV platform with over 16.4M subscriber households and 32.OM connected devices
• Operates over IP enabled networks (xDSL, FTTP/FTTN, etc.)
• Core Product Features
• Secure delivery of SO (standard definition), HD (high definition) and 4K/UHD (ultra high
definition)
• Superior HD, SO, UHD picture quality
• WiFi enabled set top boxes allowing customers to place TVs wherever they want in their
home
• Live TV broadcast with instant channel change allowing super -fast navigation through
our interactive programming guide
• Video on demand library
• Total Home DVR records up to six shows at once and lets customers pause, rewind and
play back live TV and store over 370 hours of HD programming (we provide up to 1
Terabyte of on premise storage)
• Next Generation EPG (Elcctronic Program Guide) and enhanced search functionality with
rich, new poster -art driven experience that allows consumers to easily discover and
consume content on their terms
• Integrated interactive applications include Social TV (access to Twitter and Facebook),
Weather, Interactive Workout, Home Shopping Network and interactive games.
Equipment
One DVR, one experience, any receiver
-2975-
11/16/2016
3
11/16/2016
Vantage TV Experiences
Instant Channel Change Multiview Video on Demand Interactive Applications
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-2976-
11/16/2016
Channel Peeks
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Easy way to preview other currently airing programs. PPV. SVOD
Make it easier to find and enjoy content.
-2977-
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What this means to your community...
• Residents and businesses will have access to
• Next generation video experience
• Competitively priced alternative to cable provider
• No inconvenience to the general public/constituents
• Will utilize existing facilities in public rights-of-way
• Network augmentation and upgrades will generally occur in
enclosed cabinets and buildings
• Increased franchise fee revenue and public, educational,
governmental channel (PEG) fee revenue
We look forward to bringing competition and choice
with an innovative video product offering from
Frontier Communications to the residents and
businesses in the City of Mound.
-2979-
11/16/2016
7
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Communications
14450 Burnhaven Drive, Burnsville, MN 55306
Jack Phillips
Director- Gov't and External Affairs
Frontier Communications
(v) 952-435-1373
(f) 952-435-2111
jack.phillil nhaft eom
October 24, 2016
Ms. Catherine Pausche
Director of Finance and Administrative Services
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
Re: Application of Citizens Telecommunications Company of Minnesota, LLC for
Cable Communications Services Franchise in City of Mound, Minnesota
Dear Ms. Pausche:
In response to the City of Mound's Notice of Intent to Consider Issuance of
Franchise, please find one original and two copies of Citizens Telecommunications
Company of Minnesota, LLC's notarized application for a cable communications franchise
in the City of Mound, Minnesota ("City"). Frontier reserves the right to make and redact
any information it determines to be Trade Secret information. Your counsel, Robert J.
Vose, has also been sent an electronic copy and copy by overnight mail. Also enclosed is
a check in the amount of $15,000 payable to the City in full payment of its application fee.
This application fee constitutes the City's "entire reasonable and necessary costs of
processing a cable communications franchise" as contemplated in Minn. Stat. §
238.081 Subd.(8).
Very
Jack P lips
cc: Robert J.V. Vose (via email: rvose(c?.kenned5-araver_.com)
470 US Bank Plaza, 200 South Sixth Street, Minneapolis, MN 55402
•:1
CITY OF MOUND
APPLICATION OF CITIZENS TELECOMMUNICATIONS COMPANY OF MINNESOTA
LLC
FOR A COMPETITIVE CABLE FRANCHISE
Citizens Telecommunications Company of Minnesota, LLC ("Frontier") respectfully files
this application for a competitive cable communications franchise with the City of Mound,
Minnesota ("City") pursuant to the City's published Notice of Intent to Franchise and Request
for Proposals this 24`h day of October, 2016.
Background:
Overview of Frontier
Frontier's motto is "We can help!" Frontier goes the extra mile for our customers and is
extremely proud to serve our communities. Local engagement is more than a strategy to
Frontier. It is in our DNA. Broadband and communications are central parts of daily life
and are requirements for our communities to thrive and grow. Frontier takes seriously
our responsibility to reliably deliver these services to the millions of customers we serve.
Frontier's parent company is Frontier Communications Corporation, Frontier
Communications Corporation is an S&P 500 company and is included in the Fortune
1000 list of America's largest corporations. Frontier serves predominantly a mix of
urban, suburban, and rural areas in 29 states across the United States. Frontier offers a
variety of services to customers over its fiber-optic and copper networks, including video,
high-speed internet, advanced voice and Frontier Secure digital protection solutions.
Frontier Business Edge offers communications solutions to small, medium, and enterprise
businesses.
Frontier's Values
Frontier is committed to its core value of being the leader in providing communications
services to residential and business customers in its markets by putting our customers
first, treating our customers, business partners, and employees with respect, keeping our
commitments, being accountable at all times, being ethical in all of ours dealings, being
innovative and taking the initiative, being a team player, being active in our communities,
doing right the fust time and continuously improving, using resources wisely and always
having a positive attitude.
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2 1
Overview of Frontier in Minnesota
Frontier is one of Minnesota's largest incumbent local exchange carriers and our
Minnesota infrastructure is essential to the success of businesses large and small,
educational institutions, healthcare facilities and public safety agencies in the
communities we serve. Frontier's network is also critical to the support of other
telecommunications (such as wireless carriers) and information service providers. All
Frontier products and services offer 24/7/365 support from a 100% U.S.-based
workforce.
Frontier employees live and work in the Minnesota communities they serve. They are our
customers' friends and neighbors and the subject matter experts on the best
communications technology for home and business. They are customer -focused and
empowered to make the right decisions for the customer. Employees support programs
and initiatives important to their communities and live Frontier's values every day.
Recent examples include:
• Active members in the local chamber of commerce organizations,
including: Delano and West Hennepin Chambers of Commerce
k Sponsor Delano after hours networking event
■ Participation in the Delano Community Spring Expo
• Vendor participation in the 2015 Taste of Delano
• Primary sponsor for the 2015 Christmas with Elvis event
• Major sponsor of the 2016 Lake Rebecca Trail Mix
Frontier's Commitment to Our Customers
Each of Frontier's markets across the 29 states we serve has a General Manager who is
personally accountable for delivering extraordinary service. Decisions are made at the
local level taking into account local needs and interests. In the City area, the General
Manager is Jeff McCabe. Frontier's regional Vice President handling Minnesota is
George Meskowski. Frontier's regional, state and local leadership are actively involved
in day-to-day operations and personally see to it that customers in their markets are
receiving our best. From the CEO down, we are all accountable to our customers every
day. When storms or natural disasters strike our regions, we are among the first to
respond, and have the national resources to call upon. When members of our community
fall on tough times, we pride ourselves on being there to support them. Our technicians
work around the clock in some tough conditions to keep your services running smoothly.
Know that when a person becomes a Frontier customer, they are signing up for over
28,600 employees at their back. Every day, our employees put the customer first.
Frontier's Commitment to Veterans
Frontier is also an award-winning Veteran employer and proud to support those who
served our nation. More than 1 out of every 10 Frontier employees is a veteran, reservist,
-2982-
31 0 -• -
and/or the spouse of a veteran. Frontier is a member of The Military Spouse
Employment Partnership, The 100,000 Jobs Mission, The Employer Partnership of the
Armed Forces, Honor and Remember, and Joining Forces.
Citizens Telecommunications Company of Minnesota, LLC, the applicant, is a Delaware
limited liability company, in good standing and authorized to do business in the State of
Minnesota.
The following responds directly to the requested information set forth in the Request for
Proposals pursuant to Minn. Stat. § 283.081(4):
(1) Plans for channel capacity, including both the total number of channels
capable of being energized in the system and the number of channels to be
energized immediately.
Frontier's underlying technology allows for an almost unlimited channel capacity.
While a final channel lineup has not been finalized at this time, please see "Exhibit A -
channel lineup and programming packages" from another jurisdiction Frontier offers
service. Frontier will provide the City with a copy of the actual channel lineup prior to
launching service. Frontier also provides a robust library of Video on Demand content.
(2) A statement of the television and radio broadcast signals for which
permission to carry will be requested from the Federal Communications
Commission ("FCC").
Frontier will make all appropriate filings and preparations prior to the turn up of its
video service including (1) filing a community registration with the FCC via FCC Form
322; (2) providing notice to local broadcasters and requesting either must -carry or
retransmission consent election.
In its existing markets, Frontier complies with many additional federal requirements in
providing its service, including all of the FCC requirements applicable to multichannel
video programming distributors (such as equal employment opportunity and set-top box
requirements), the FCC requirements applicable to EAS participants that are wireline
video service providers, other FCC requirements applicable to provision of Vantage TV
(Frontier Broadband Service in Minnesota) (such as receive -only earth station license
requirements and annual regulatory fees for IPTV providers), and the Copyright Office
requirements for cable systems filing semi-annual copyright statements of accounts and
paying statutory license fees. Frontier does not file an FCC Form 327 relating to CARS
microwave facilities because Frontier does not use such facilities in connection with the
provision of Vantage TV. Similarly, Frontier does not file FCC Form 320 and FCC
Form 321 as they relate to the use of aeronautical frequencies that are not applicable to
the IPTV technology.
-2983-
a1;=..
In these areas where Frontier offers service, area, Frontier will negotiate retransmission
or must carry agreements with the following stations:
KTSP (ABC)
WCCO (CBS)
KMSP (FOX)
KARE (NBC)
WFTC (My Network)
WUCW (CW)
KSTC (This/Antenna)
KTCA (PBS)
WUMN (Univision)
KPXM (ION)
The planned carriage of the stations identified above could include both primary and
multicast signals of each station.
(3) In the case of a telephone provider, a copy of the MPUC certificate of
authority:
As an incumbent local exchange carrier, Frontier's MPUC certificate of authority
to provide telecommunications service is demonstrated in the Minnesota Public
Utilities Commission's annual Eligible Telecommunications Carrier certification
order shown as Exhibit C.
(4) A description of the proposed system design and planned operation,
including at least the following items:
The following provides a general description of the technology and infrastructure:
Frontier Communications' Vantage TV video offering is powered by Ericsson's
Mediaroom software platform. Mediaroom is the world's #1 IPTV platform — one that is
proven and widely adopted by Network Service Providers worldwide — with over 16.4
million subscriber households and 32 million connected devices running the software to
date. Vantage TV is an innovative, scalable, and highly reliable video service designed
to run over our IP enabled networks (xDSL, FTTP/FTTN, etc.). Our customers'
satisfaction has been extremely high to date — relative to our competitor's video offerings
in the same markets in which we are deployed.
Vantage TV's core product features include:
• Secure delivery of SD (Standard Definition), HD (High Definition)
and 4K/UHD (Ultra High Definition) content — via integrated Digital
Rights Management — to set-top Boxes on each TV.
s Superior HD, SD & UHD picture quality.
-2984-
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• WiFi-enabled set-top boxes are also a deployment option allowing
our customers to place their TVs wherever they want in their homes.
• Live TV broadcast with instant channel change allowing super -fast
navigation through our Interactive Programming Guide.
• Video On -Demand library that will contain more than 100,000
movies and shows.
• Total Home DVR records up to 6 shows at once and lets our
customers pause, rewind and play back live TV and store over 170
hours of HD programming. We provide our customers with up to 1
Terabyte worth of on -premise storage capacity.
• Next generation EPG (Electronic Program Guide) and enhanced
search functionality deliver real time results with a rich, new visual
poster -art driven experience that allows our customers to easily
discover and consume content on their terms.
■ Integrated interactive applications include Social TV (access to
Twitter and Facebook), Weather, Interactive Workout, Home
Shopping Network and interactive games.
It is important to note that Vantage TV is more than just a "middleware" or a User
Interface; it is an end-to-end platform that covers all video functional dependencies starting from
Content Acquisition all the way through to Service Consumption. These are described below:
Content Acquisition: Frontier processes Live and On -Demand content through encoders
and content packaging tools at our Video Headend in Fort Wayne, Indiana and Video
Serving Offices (VSOs) in markets that we serve. Acquisition Servers (A -Servers) in
our service delivery architecture encrypt streams, encapsulate in RTP and/or Smooth
Streaming format, and put multicast streams out on our network for devices to seamlessly
connect to and consume content.
Content Protection: Frontier secures all of the content it received through leveraged
Digital Rights Management (DRM) and Public Key Infrastructure (PKI) systems, which
in tum, establishes trust across its entire server environment and its set-top Box clients.
Service Management. Vantage TV leverages a complex TV Services management tool
to configure and manage subscriber information, Live TV Services, Channel Line -Up /
Channel Maps, and Video On Demand Services all from a web -based interface that our
Video Operations team controls.
Subscriber Management: Frontier integrates Vantage TV with our internal Billing and
Provisioning systems (OSS/BSS) in a seamless fashion to ensure the most efficient
-2985-
61r-=_:-
customer experience. We continuously monitor the system end to end and manage
subscriber groups, entitlements, and user authentication to all content and packages,
while at all times protecting customer information
A subscriber group is essentially a category to which one or more client set-top boxes
are associated with. For example, a single client device might be in the following
subscriber groups: "HD -capable," "Premium Content Package," and/or "Suburban
Minneapolis metro area."
Subscriber groups also have Server clusters associated with them (for VOD and Linear
TV Services). For example "South Metro" might be used to associate a subscriber group
to a set of live channels, public -access channels, and correlated to a specific set of video
distribution servers that provide content.
The TV Services Management tool then offers the ability to associate clusters of Servers
with a subscriber group and to associate subscriber groups with client devices
(propagating associated content rights and entitlements).
Service Delivery: Frontier delivers high-quality Live and Video -on -Demand content
over our Managed IP Network to the customer premise. Distribution Servers (D -Servers)
in our service delivery architecture buffer streams, generate instant channel change
bursts, and do forward error packet correction.
Service Consumption: Frontier presents content to our customers' TVs in a secure and
reliable manner through Vantage TV's client software. That software, which decrypts the
stream (via SOC / System on a Chip), resides directly on our customers' set-top boxes.
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In summary, Vantage TV is an end to end software solution that enables Frontier to deliver
next -generation TV experiences including standard and high-definition/ultra-high-
definition live TV channels, video -on -demand (VOD), digital video recording (DVR) and
connected entertainment experiences to our customers.
The following responds directly to the requested information set forth in the Notice of
-2986-
7I
Intent to Consider Issuance of Franchise regarding a description of the proposed system
design and planned operation:
a.. The location of the headend facilities from which programming will be received.
Frontier has a "super head end" in Fort Wayne, Indiana which has a satellite "farm"
used to download national content. This super head end has redundancy to receive
terrestrial secondary feeds from Verizon, i.e., should an emergency interrupt service
from one of its national content sources. The national content is encoded and then
deployed over diverse 10 GIG circuits to the local head where the local content,
including public, educational and government access channels, is inserted for delivery
to end users. Customers in the City will be served out of the head end in Apple Valley.
Frontier will pick up the local broadcast signals via fiber circuits and/or will also
capture those signals by antennae located at the local head end and /or as a back-up,
precautionary measure.
b. An explanation of the ownership of the facilities comprising the video
system.
Frontier (the franchisee, Citizens Telecommunications Company of Minnesota, LLC)
will own and control all of the facilities comprising the video system within the City of
Mound. The Serving Video Office (SVO) and national head -end will be owned by
Frontier affiliates under a shared cost arrangement.
C. A map identifying the proposed initial service area(s) in the City.
The detailed map showing the initial service area is not yet finalized and will change in
the months following initial deployment of service. Coverage maps are considered
trade secret but will be shown to public officials during the franchise approval process.
d. A proposed schedule for expansion of service beyond the initial service area or
description of the proposed policy for such expansion.
Frontier is still finalizing its initial footprint for the deployment of cable services within
the City service area. Frontier's planned deployment is highly confidential. Pursuant to
an executed franchise agreement(s), Frontier will meet regularly with the City and the
Commission to discuss where service is available and any plans for additional
deployment. Frontier is the second entrant into the wireline video market in the City.
As a second entrant, investment in and expansion of Frontier's cable system should be
driven by market success, and not a contractual requirement for ubiquitous coverage.
The following sets forth some critical background with respect to employment of both
telecommunications and cable infrastructure. Initially, local telephone companies were
granted monopolies over local exchange service in exchange for taking on a provider of
last resort obligation- a duty to provide service - to customers in its service territory.
Similarly, with respect to video services. The incumbent video provider (and its
-2987-
8[: n.-
predecessors) operated as a monopoly over facilities -based video. In exchange for
making the capital investment to deploy facilities, the incumbent cable company got
100 percent of the customers who wanted cable television.
Subsequently, with respect to telephone services, the federal and local governments
effectively eliminated the local telephone monopolies and fostered robust competition. It
should be noted that in doing so, the telecom second entrant had absolutely no obligation
to build any facilities or to serve any particular location(s) at all. As the FCC noted,
imposing build -out requirements on new entrants in the telecommunications industry
would constitute a barrier to entry (13 FCC Red 3460, 1997). Cable companies were free
to enter the telecom market on terms that made business and economic sense to them.
This very environment was the catalyst for robust wireless and wireline competition and
the proliferation of higher broadband speeds.
Congress became concerned about the lack of competition in the video world and in
1992 amended federal law to prohibit a local franchising authority from
"unreasonably[y] refus[ing] to award an additional competitive franchise." 47 U.S.C. §
541(a)(1) provides a direct avenue for federal court relief in the event of such an
unreasonable refusal. 47 U.S.C. § 555(a) and (b). Until the advent, however, of state
statutes granting statewide cable franchises without a mandatory build requirement
(e.g., Florida) or progressive cities willing to grant competitive franchises, cable
monopolies continued to the detriment of consumers and competition. Level playing
field requirements are just one example of barriers to competitive entry erected by
cities at the behest of the cable monopolies.
Courts have ruled, however, that "level playing field" provisions do not require
identical terms for new entrants. See, for example, Insight Communications v. City of
Louisville, 2003 WL 21473455 (Ky. Ct. App. 2003), where the court found: There will
never be an apple -to -apple comparison for Insight and other franchisee simply because
Insight is the incumbent which in its own right and through its predecessors has been
the exclusive provider of cable services in the City of Louisville for almost thirty years.
No new cable franchisee can ever be in the same position as a thirty-year veteran. See
also, In Cable TV Fund 14-A, Ltd. v. City of Naperville (1997 WL 209692 (N.D. Ill);
and New England Cable Television Assn, Inc. v. Connecticut DPUC 717 A.2d 1276
(1998).
In sharp contrast to the monopoly provider, a second entrant faces a significant capital
outlay with absolutely no assurance of acquiring customers; rather, it must compete
with the monopoly incumbent and win each and every customer over. As Professor
Thomas Hazlett of George Mason University has explained, "[i]ncumbents advocate
build -out requirements precisely because such rules tend to limit, rather than expand,
competition." The federal Department of Justice has also noted that "...consumers
generally are best served if market forces determine when and where competitors enter.
Regulatory restrictions and conditions on entry tend to shield incumbents from
competition and are associated with a range of economic inefficiencies including higher
production costs, reduced innovation, and distorted service choices." (Department of
Justice Ex Parte, May 10, 2006, FCC MC Dkt 05-311)
The fact is that the incumbent cable provider has (1) an established market position; (2)
all of the cable customers; and (3) an existing, in-place infrastructure. These disparate
market positions make imposing a build -out requirement on a competitive entrant bad
public policy. Under the guise of "level playing field" claims, incumbent cable operators
seek to require new entrants to duplicate the networks the incumbents built as
monopolies, knowing that such a requirement will greatly reduce, if not eliminate, the
risk of competitive entry.
In 2007, the FCC issued its findings with respect to facilities based video competition
and held as follows: (1) with respect to level playing field requirements, the FCC
stated that such mandates "unreasonably impede competitive entry into the
multichannel video marketplace by requiring local franchising authorities to grant
franchises to competitors on substantially the same terms imposed on the incumbent
cable operators (Para. 138); and (2) with respect to mandatory build out, the FCC held
that "an LFA's refusal to grant a competitive franchise because of an applicant's
unwillingness to agree to unreasonable build out mandates constitutes an unreasonable
refusal to award a competitive franchise within the meaning of Section 621(a)(1) [47
U.S.C. § 541(a)(1)]."
Those two FCC holdings alone should put this entire matter to rest - level playing field
requirements and unreasonable mandatory build requirements are barriers to competitive
entry in the cable market and violate the federal Cable Act and the FCC's order.
Minnesota, however, codified its requirements in a state law and the FCC expressly
declined to "preempt" state laws addressing the cable franchising process.
It is clear, however, that the FCC did not intend to protect the Minnesota statute which
mandates the imposition of barriers to entry on each and every local franchising
authority. As various providers were trying to enter the competitive cable market and
encountering barriers such as level playing field requirements and mandatory build out
provisions, many states passed statutes to facilitate competitive entry and to prevent
local franchising authorities from erecting barriers to entry. Such laws were passed in
26 states including Florida, Missouri and North Carolina, where incumbent video
providers have taken advantage of the streamlined process to enter a market without a
mandatory build obligation. These laws have facilitated competitive entry as
evidenced, for example, by the presence of four facilities based competitors in the
Orlando, Florida market, including CenturyLink and Comcast. As such, these state
laws are aligned and not in conflict with the FCC's and Congress' policies for
promoting competition in the video distribution market.
Minnesota's cable law, however, is quite the opposite. Minnesota's cable act dates back
to the 1970s and directs each local franchising authority to impose not only a level
playing field across a broad range of issues (many of which Frontier does not oppose),
but also a five year mandatory build out requirement. Both of these provisions have
been deemed to be barriers to entry by the FCC. The incontrovertible fact is that the law
has been extremely successful in barring cable communications competition in the City:
-2989-
10�
The City has not experienced any facilities -based competition because of the barriers to
entry Minnesota codified in Chapter 238.
In support of this position, that the FCC's 2007 Order preempts Minn. Stat. Chapter
238, Franchisee notes the following:
Conflict preemption: State law may be preempted without express
Congressional authorization to the extent it actually conflicts with federal
law where state law "stands as an obstacle to the accomplishment and
execution of the full purposes and objectives of Congress." English v.
General Elec. Co., 496 U.S. 72, 79 (1990).
Whether state law constitutes a sufficient obstacle is a matter of judgment
to be informed by examining the federal statute as a whole and
identifying its purpose and intended effects. Crosby v. Nat%Foreign
Trade Council, 530 U.S. 363 #372 (2000).
Minn. Stat.§ 238.08 mandates terms that each municipality must
implement in granting a new or renewed cable franchise.
Minn. Stat. § 238.084 sets forth the required contents of a franchise
ordinance and sets forth very precise requirements in an initial franchise
about the build: commence build within 240 days; must construct at least
50 plant miles per year; construction throughout the franchise area must
be substantially completed within 5 years of granting the franchise; and
these requirements can be waived by the franchising authority only upon
occurrence of unforeseen events or acts of God.
Section 621(a)(1) initially gave local authorities the authority to grant
franchises, but this broad grant resulted in exclusive
franchises/monopolies. Congress "believe[d) that exclusive franchises are
contrary to federal policy ... which is intended to promote the
development of competition." H.R. Conf. Rep. No. 102-862, at 77
(1992).
Legislative history clearly supports that Congress was focused on
fostering competition when it passed the 1992 Act. Qwest Broadband
Servs. Inc. v. City of Boulder, 151 F. Supp. 1236, 1244 (D. Colo. 2001).
In its 2007 order, the FCC found that "an LFA's refusal to grant a
competitive franchise because of an applicant's unwillingness to agree to
unreasonable build out mandates constitutes an unreasonable refusal to
award a competitive franchise within the meaning of Section 621(a)(1)."
The FCC order, however, targeted local and not state laws.
Arguably, the Minnesota build requirements set forth in Section
-2990-
11J.:..
238.084(m) are in conflict with Section 621(a)(1) and are, therefore,
preempted.
In the Boulder case, the court applied Section 621's prohibition on
unreasonable refusals to grant franchises to find conflict preemption
where local rules required voter approval for any new franchises.
The mandatory build out in the Minnesota statute could be considered a
de facto "unreasonable refusal" to grant a franchise and thus conflict with
the pro -competition purpose set forth in Section 621(a)(1).
In upholding the FCC's ruling, the Sixth Circuit stated that "while the
[FCC] characterized build out requirements as 'eminently sensible' under
the prior regime in which cable providers were granted community -wide
monopolies, under the current, competitive regime, these requirements
'make entry so expensive that the prospective provider withdraws its
application and simply declines to serve any portion of the community."
Alliance for Cmty Media v. FCC, 529 F.3d 763, 771 (6th Cir. 2008).
The FCC ruling targeted local rules and actions and the FCC refrained
from preempting state regulation because it lacked "a sufficient record to
evaluate whether and how such state laws may lead to unreasonable
refusals to award additional competitive franchises." FCC Cable
Franchising Order (FCC 06-180, at n.2 &126). That is not to say,
however, that upon full consideration, the FCC would not find the
Minnesota mandatory build requirements to constitute an unreasonable
refusal under Section 621.
o The franchising laws which were being enacted about the
time of the FCC order facilitated competitive entrants into
the facilities based video market.
o In sharp contrast, the Minnesota statutes mandates
individual cities and commissions to include onerous build
out schedules which, standing alone, would run afoul of
the FCC's order.
It should also be noted that at least two cities in Minnesota have chosen to award
competitive franchises to second entrants without satisfying all the mandates of
Chapter 238. See Mediacom Minnesota, LLC v. City of Prior Lake, Minn. Ct. of
Appeals, A09-1379 (Unpublished decision, Filed June 22, 2010). In October 2014, the
City of Owatonna awarded a competitive franchise to a second provider, and the
franchise did not contain the five year build requirement set forth in Chapter 238.
Rather, it contained a market success model expressly endorsed by the FCC. The
competitor will provide service to 25 percent of the City of Owatonna and will have
no further obligation to enable the provision of cable communications services until
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48 percent of households in the footprint subscribe to its service.
Finally, nothing in the FCC's Order on Reconsideration released in January of this year
alters the above analysis.
e. The schedule for activating cable and two-way capacity;
While an exact launch date has yet to be determined, Frontier is working diligently to
complete all necessary work and required testing and operational readiness reviews to
offer service to customers upon successful execution of a Franchise Agreement.
Frontier will meet with Commission and appropriate member jurisdictions to share the
actual launch date when it becomes finalized.
L The number of channels and services to be made available for community
access broadcasting, and a proposal for providing community access programming.
As noted in Section B above, Frontier has provided a sample channel
lineup. See Exhibit A. This illustrates the vast selection of content
available to subscribers.
Vantage TV offers:
• Incredible 100% digital picture and sound.
• Total -home DVR with ability to record up to six shows at once and view
on any TV with a set-top box.
Instant channel change and super -fast navigation through our interactive
program guide and Video on Demand.
• The ability to watch up to six different channels at once with Multi -View.
• The ability to Pause, Fast Forward, Rewind live or recorded shows on up
to eight TVs in your house.
■ Next generation enhanced search which delivers real-time results by
program name, actor/actress and other keywords across Live TV, Video
On Demand and DVR recordings.
• Introducing Channel Peeks which maintains full -screen viewing while
"peeking" into other programming.
• Recent & DVR Peek allows you to preview and tune to any of the last five
channels or DVR recordings.
g The number of channels and services to be made available for community
access broadcasting; and a proposal for providing community access
programming:
See Exhibit A for sample channel lineup. This illustrates the vast selection of
content available to subscribers. Frontier will carry the same number of PEG
stations as the incumbent.
5. A proposal for funding community access programming facilities and/or
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13 1 P . ti e
staff.
i. Frontier will make all franchised cities' access channels available to
its subscribers. For purposes of acquiring the signal, Frontier will
pick up the particular City's access channel signals at the point(s) of
origination via fiber facility and transport such content back to the
local VSO for insertion in the channel lineup. At the point(s) of
origination, Frontier will need rack space and power for its
equipment to receive the signal(s) handed off by the City to Frontier.
Frontier will pay for all facilities and equipment located on its side of
the demarcation point where the City will hand off its content to
Frontier and as is industry practice the City will be responsible for all
equipment on its side of the demarcation point.
ii. Frontier will agree to bill and remit to the City a PEG fee equivalent
to that of the incumbent provider.
6. Terms and conditions under which particular services will be provided to
institutions and identification of any plans for providing free or reduced
price video or data transmission services or capacity or other "in-kind"
services to governmental, educational, and other institutional entities.
Frontier will provide at no charge expanded basic service to all government buildings,
schools, and public libraries located within its service footprint so long as those locations
are capable of receiving service from Frontier and no other cable provider is providing
service at such locations.
7. A schedule of proposed rates in relation to the services to be provided and a
proposed policy regarding unusual or difficult connection of services.
Final rates have yet to be determined, please see "Exhibit B- sample rates" which
are offered here for illustrative purposes.
8. A schedule for constructing and activating the system including the sequence
in which video service will be activated in various parts of the City.
Frontier's planned deployment is highly confidential. Pursuant to an executed franchise
agreement(s), Frontier will meet regularly with the City and the Comrnission to discuss
where service is available and any plans for additional deployment.
9. A statement indicating the applicant's qualifications and experience in the cable
communications field, if any.
Frontier Communications is an S&P 500 company and is included in the Fortune 1000
list of America's largest corporations.
General Manager, Southwest Minnesota (including West Metro): Jeff McCabe is the
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general manager overseeing Frontier's Southwest Minnesota operations. He has overall
responsibility for the operations organization serving this area, including customer
service experience and community relations. Jeff has a wealth of knowledge in sales,
operations and community leadership. McCabe joined Frontier in August 2014 with 25
years of experience in sales and management in the insurance and manufacturing
industries. Jeff is retired from the U.S. Army Reserves where he served honorably for
over twenty-two years.
Area General Manager, Minnesota, Iowa and Nebraska: George Meskowski is
Frontier's Area General Manager with overall operations responsibility for the states of
Minnesota, Iowa and Nebraska. He lives and has his office in the South Metro area. He
has overall responsibility for the entire operations organization in the three states and is
responsible for all customer service and community relations for these areas. George was
formerly a general manager with Frontier in Michigan and Indiana prior to being
promoted to his current position in 2014.
President and Chief Executive Officer: Daniel J. McCarthy became a member of the
Frontier Board of Directors in May 2014. He has been President and Chief Operating
Officer since April 2012 and was Executive Vice President and Chief Operating Officer
from January 2006 to April 2012. Before this, he was Senior Vice President, Field
Operations from December 2004 to December 2005, Senior Vice President, Broadband
Operations from January 2004 to December 2004, and President and Chief Operating
Officer of Electric Lightwave from January 2002 to December 2004.
Mr. McCarthy has been with Frontier Communications Corporation since 1990, when he
joined the company's Kauai, Hawaii, electric division. In 1995, he moved to Flagstaff,
Arizona, and assumed responsibility for the company's energy operations. In 2001 he was
promoted to President and Chief Operating Officer of Citizens Public Services sector,
responsible for the company's energy and water operations. He earned a bachelor's degree
in marine engineering from the State University of New York Maritime College at Fort
Schuyler, and holds an M.B.A. from the University of Phoenix.
In October 2013, he was appointed a Trustee of The Committee for Economic
Development, a nonprofit, nonpartisan, business -led, public policy organization that
combined with The Conference Board, a nonprofit business membership and research
group organization. In December 2013, Mr. McCarthy was elected to the Board of
Trustees of Sacred Heart University in Fairfield, Connecticut. He is also a member of the
Western Connecticut Health Network Corporate Advisory Council.
Executive Vice President and Chief Fynancial Officer: Prior to joining Frontier, Perley
McBride was the Chief Financial Officer of Cable & Wireless Communications Plc until
its May 2016 acquisition by Liberty Global plc. Previously, Mr. McBride served as Chief
Financial Officer at Leap Wireless International, which operated the Cricket
Communications mobile brand, from December 2012 through May 2014 and was part of
the Executive team that led the business through its acquisition by AT&T Inc. Prior to
Leap Wireless, he served as Executive Vice President of Finance at The Weather
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is1--- -_ .
Company, owner of The Weather Channel among other assets, between 2010 and 2012,
where he was instrumental in achieving sustained EBITDA growth and reducing leverage
by two turns. He served in several senior financial management roles at Frontier between
1999 and 2010, and also between 1994 and 1997. During that period, he created a culture
of expense discipline that enabled Frontier to achieve a consistent track record of
sustaining industry-leading margins. He also worked in the finance department at Sprint
Corporation early in his career. He holds a Bachelor of Science degree from Mount
Allison University in Canada and has an MBA from the University of Houston.
Executive Vice President, Frontier Secure and Administration: Cecilia K. McKenney
is Executive Vice President, Frontier Secure and Administration, responsible for Frontier
Secure, Human Resources, Marketing, and Product Development. Before this, she was
responsible for Human Resources, Sales Operations, Corporate Communications and
Public Relations. She was Executive Vice President, Human Resources and Call Center
Sales & Service from February 2008 to May 2012. Ms. McKenney joined the company as
Senior Vice President, Human Resources in February 2006. She is a member of the
company's Senior Leadership Team and reports to the CEO.
Frontier Secure, a service of Frontier Communications, offers products and services to
protect every aspect of digital life, including computer security, cloud backup & sharing,
the connected home, identity protection, equipment protection and 24/7 U.S.-based
premium technical support. Its products and services are sold nationwide directly to
consumers and small businesses, and wholesale through strategic partnerships. Prior to
Frontier, Ms. McKenney was Group Vice President of Headquarters Human Resources
for the Pepsi Bottling Group, Inc. (PBG) in Somers, New York, responsible for all
Human Resources functions supporting PBG's worldwide operations. Her organization
supported PBG's headquarters and call center in addition to providing long-term strategic
direction and day-to-day business support for Staffing, Compensation and Benefits,
Diversity, Training, Talent Development and Human Resources Systems.
Ms. McKenney joined the Pepsi-Cola Company in 1989 in its headquarters -based
employee benefits group. She became Human Resources Manager in Pepsi -Cola's
Northeast Business Unit in 1992. In less than two years, Ms. McKenney transferred to
Northern California to manage HR issues for the company's San Francisco market. In
1995, she was appointed Director of Human Resources for PBG's California Business
Unit. When PBG became an independent company near the end of 1998, Ms. McKenney
was appointed Vice President, Staffing and Diversity at Company's headquarters. In
2000, she was promoted to Vice President, Headquarters Human Resources and was
named Group Vice President, Headquarters Human Resources, in 2004.
Prior to Pepsi, Ms. McKenney worked for Mutual of New York and L.F. Rothschild in
Human Resource and Management roles. She earned a bachelor's degree in business
administration from Franklin & Marshall College and is a Certified Employee Benefits
Specialist.
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161;'::
Ms. McKenney is a member of The Leadership Council of Franklin & Marshall College
and a member of the Board of Directors of The Child Care Council of Westchester
County, Inc. In May 2014, she was honored with the HR Leader Award in the Large
Company category at the 2014 Fairfield County HR People of the Year Awards. The
awards are given each year by The Southern Connecticut Chapter of the Society for
Human Resource Management to recognize individuals whose performance and
contributions have significantly benefited their organizations, the Human Resources
profession and the community.
Executive Vice President, External Affairs: Kathleen Quinn Abernathy is Executive
Vice President, External Affairs, responsible for the company's governmental and
regulatory affairs. From March 2010 to June 2012, she was Chief Legal Officer and
Executive Vice President, Regulatory and Governmental Affairs. Prior to joining
Frontier, she was a Partner at Wilkinson Barker Knauer LLP, advising clients on a wide
range of legal, policy and regulatory issues related to telecommunications and the media.
Before this, she was a Partner at the law firm of Akin Gump Strauss Hauer & Feld, LLP.
Ms. Abernathy served as a Commissioner with the Federal Communications Commission
(FCC) from 2001-2005. While a Commissioner, she chaired the Federal -State Joint
Board on Universal Service and participated as a U.S. representative in numerous
international bilateral and multilateral negotiations, including the 2002 International
Telecommunication Union (ITU) Plenipotentiary Conference and the 2003 ITU World
Radiocommunications Conference. She was appointed by the ITU to chair the 2004 ITU
Global Symposium for Regulators.
Prior to joining the FCC, Ms. Abernathy was Vice President for Public Policy at
BroadBand Office Communications; Vice President for Regulatory Affairs at US West;
and Vice President for Federal Regulatory Affairs at AirTouch Communications. Earlier
in her career, she was Legal Advisor to two FCC commissioners and a Special Assistant
to the agency's General Counsel.
Ms. Abernathy has received numerous honors and awards in recognition of her
contributions to the profession. In 2011 she was named one of the "Top Ten Women in
Telecom" by Fierce Telecom and honored by Legal Momentum with an "Aiming High
Award." She was featured in Chambers USA's "Leaders in their Field" in the Telecom,
Broadcast & Satellite: Regulatory category (2009); included in the Washington, DC
edition of Super Lawyers (2009, 2010); and named one of Washington's Top Lawyers by
Washingtonian magazine (2007, 2009).
Ms. Abernathy served on Frontier Communications' board of directors from April 2006
through February 2010. She is currently on the boards of the John Gardner Fellowship
Association, which is affiliated with U.C. Berkley, and Stanford University and Children
Now. She also serves on the board of ISO New England Inc., the operator of New
England's bulk power and wholesale electricity markets.
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v1; r,.�
Ms. Abernathy received her B.A. magna cum laude from Marquette University and her
J.D. from Catholic University of America's Columbus School of Law, where she was a
Distinguished Practitioner in Residence. She is a member of the District of Columbia Bar
and the Federal Communications Bar Association, of which she is a Past -President, and
has served as an adjunct professor at Georgetown University Law Center and The
Columbus School of Law.
Senior Vice President, General Counsel Secretary: Mark D. Nielsen joined Frontier in
March 2014 as Senior Vice President, General Counsel, and Secretary. Prior to this, he
was Associate General Counsel and Chief Compliance Officer for Danbury, Conn. -based
Praxair Inc. From 2007 to 2009, he was a Vice President and Assistant General Counsel
of defense contractor Raytheon Co. Before that, Mr. Nielsen served as Chief Legal
Counsel, and then Chief of Staff, to Massachusetts Governor Mitt Romney (2004-2007).
Mr. Nielsen began his legal career in 1990 as an associate with the Hartford law firm of
Murtha, Cullina LLP. He also served three two-year terms in the Connecticut Legislature,
one term in the House (1993-1995) followed by two terms in the Senate (1995-1999).
Mr. Nielsen graduated from Harvard College magna cum laude and Phi Beta Kappa. He
earned his law degree, cum laude, from Harvard Law School.
Steve Gable, Executive Vice President and Chief Technology Officer: Mr. Gable
joined Frontier in November 2012 as Senior Vice President and Chief Information
Officer. In April 2015, he became Executive Vice President and Chief Technology
Officer (CTO). Prior to Frontier, Mr. Gable was Executive Vice President/CTO of
Tribune Company. At the same time, he was President, Tribune Digital, with expanded
responsibility for the strategy and supporting technology that powered the company's
digital brands "latimes.com" and "chicagotribune.com."
From 2008 to 2010, he was Senior Vice President and CTO for Tribune Company,
responsible for all aspects of information technology systems for its TV and newspaper
operations.
Before this, he served as Vice President of Technology for Clear Channel Radio,
responsible for the technology strategy and direction of over 1,200 radio stations.
He earned a Bachelor's degree in Business Administration and a Master's degree in
Systems from Northwestern University
Scott Mispagel, Senior Vice President Network Planning and Engineering: Scott is
the Senior Vice President of Technology Planning and Engineering at Frontier
Communications where has responsibility for developing, deploying and managing
Frontier's network technologies and architecture nation-wide. He has over 18 years of
telecommunications experience engineering and managing carrier and video networks.
Prior to Frontier, Scott held a similar position as the Vice President of Network Planning
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1s
and Engineering at Windstream Communications and Valor Telecom where he led all
Voice, Video and Data engineering efforts.
Scott Abbott, VP, Video Strategy and Sales: Scott is a 33 year cable
telecommunications industry veteran specializing in video content negotiation and
management of national cable satellite networks and broadcast television retransmission
consent agreements. He joined Frontier Communications in 2012 and is currently the
Video Content lead whose video portfolio is in excess of $1B annually. Scott provides
input and guidance on the overall corporate video and content strategy as Frontier grows
its video business. In addition to his direct responsibilities for negotiations, relationships
and management of all content matters, he has specific ownership of the large omnibus
content owner portfolios; Fox Cable Networks, CBS, NBCU, Viacom and Discovery,
etc. Scott guides compliance issues with various internal groups; Product, Settlements
and Legal to ensure contractual obligations are met. Most recently, Scott was the Content
lead and integration expert delivering ready -to -go at close of the video portfolio for
Frontier's acquisition of ATT's CT property in 2014 and the 1.2 MM Verizon acquisition
that closed in Q1 2016. Prior to joining Frontier, Scott worked at the National Cable
Television Cooperative for 14 years where, among other duties, he negotiated and
managed a video portfolio of more than $113 annually. As EVP, second in command, he
provided strategic oversight of the entire video portfolio in excess of $2B annually. He
also worked for several major programming networks including HBO, Disney and
NBC. Scott has a Bachelors and a Master's Degree in Telecommunications from
Michigan State University.
Jon Davis, Assistant Vice -President Information Technology: Jon is an experienced
video operations expert with 12 years of experience in IPTV and video delivery
systems. He joined Frontier Communications in November 2015 to run and unify our
video operations. Previously he was Head of Video Support and Managed Services for
Alcatel -Lucent and supported customers across the globe that had over 25 million end
user customers. Jon led the overhaul of Alcatel-Lucent's support and managed services
to create a streamlined, efficient best in class support organization that directly led to
successful service provider video rollouts year after year.
Peter Milhan, Assistant Vice -President of Video Product and Sales: Peter joined
Frontier in mid -2015 from Ericsson, where he was responsible for TV/Media portfolio
sales and business development. Previously he worked for Microsoft for 19 years,
joining Microsoft's Mediaroom division in 2005. His background with Mediaroom
includes video deployment, architecture, marketing and sales. Mediaroom was acquired
by Ericsson in 2013 and is the platform used by Frontier in Connecticut and future
market deployments. Mihan holds a degree in Mechanical Engineering from Vanderbilt
University.
Enrique Ruiz -Velasco, Director- Information Technology: Enrique is a technology
leader with over ten years of experience in the field of cable television and is a pioneer of
internet video streaming apps. He joined Frontier in 2015 and is currently responsible for
software applications and back -ends that power Frontier's TV customer experience.
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191 P..;
Previously he worked at Verizon Communications as Director of Technology and where,
for ten years, he oversaw the software development and various systems that power the
FiCIS TV service for 6 million video customers and 15 million set top boxes. In 2010 he
introduced video streaming to tablets and mobile devices as well as Apps for smart TV's
and game consoles.
Francie Leader, Director Content Strategy & Partnerships: Francie is a veteran with
over 30 years of experience in the cable telecommunications industry. She joined
Frontier in July 2010 as part of the Video Content team to manage linear content for 350+
channels of programming. She is directly responsible for negotiating national satellite
program carriage contracts, (ESPN/ABC/Disney, A&E, Scripps) including broadcast
retransmission consent agreements to capitalize on revenue opportunities and bandwidth
efficiencies. Francie directs all internal constituencies that intersect with video
programming content and also manages the NCTC relationship (National Cable
Television Cooperative) to ensure Frontier maximizes the benefits of its
membership. Prior to joining Frontier, Francie began her career in the cable industry in
franchising where she successfully franchised over 20 cities in Metropolitan Detroit for
cable television service via grassroots marketing efforts. From there, she represented
various national cable satellite networks, The Learning Channel, The Travel Channel,
TNN, CMT, WGN, etc. and drove revenue and distribution growth for those networks as
well as contributed to local and national promotional marketing campaigns to increase
Network value. Francie is a well-connected relationship builder and a creative,
resourceful deal -maker and catalyst for change.
10. Identification of and contact information for the municipalities in which the
applicant either owns or operates a video system, directly or indirectly, or holds video
franchises;
See Exhibit D.
11. Plans for financing the proposed system, which must indicate every significant
anticipated source of capital and significant limitations or conditions with respect to the
availability of the indicated sources of capital. This information should include:
a. Current financial statement
Frontier's ultimate parent company is Frontier Communications Corporation. Frontier
Communications Corporation's most recent Form 10-K (along with all other SEC
filings) may be found here: http://investor.froiitier.cor.dsec.cf.-n.
b. Proposed sources and uses of funds for the construction project
Frontier's parent company is Frontier Communications Corporation. Frontier
Communications Corporation is an S&P 500 company and is included in the Fortune
1000 list of America's largest corporations with reported fourth quarter 2015 revenue
-2999-
20 1
of $1,413 million and operating income of $182 million. Frontier does not require
any unique or additional funding sources (i.e. special notes or bonds) in order to
deploy its Vantage TV service in this, or any other market.
c. Financial budgets for the next three (3) years
Please see response to Section l Ld, below.
d. Documentation regarding the commitment of funds, and
As a publicly traded company, Frontier releases a very limited amount of forward-
looking information for the company as a whole, but it does not provide forward-
looking information at the individual market level because it could lead to incorrect or
inappropriate assumptions or conclusions by its current and potential investors regarding
the business as a whole. Given the extremely sensitive nature of the information
contained in the requested pro forma, Frontier cannot file this information as part of its
application.
e. Any other information that applicant determines would be useful in evaluating
its financial qualifications.
Please see response to Section l La above.
12 A statement of ownership detailing the corporate organization of the applicant, if
any, including the names and addresses of officers and directors and the number of shares
held by each officer or director, and intercompany relationship, including the parent,
subsidiary or affiliated company.
Citizens Telecommunications Company of Minnesota LLC operates as a subsidiary of Frontier
Communications Corporation.
Frontier Communications Corporations Board of Directors believes that the purpose of corporate
governance is to ensure that Frontier maximize stockholder value in a manner consistent with
legal requirements and the highest standards of integrity. The Board has adopted and adheres to
corporate governance practices which the Board and senior management believe promote this
purpose, are sound and represent best practices. We continually review these governance
practices, Delaware law (the state in which we are incorporated), the rules and listing standards
of the NASDAQ Exchange and SEC regulations, as well as best practices suggested by
recognized governance authorities.
Frontier's Board of Directors' Code of Business Conduct and Ethics reflects Frontier's
commitment to maintain a culture of integrity, honesty and accountability when dealing with our
business partners, our customers, our stockholders and each other. It is intended to help us focus
on areas of ethical risk, recognize and deal with ethical issues, and to provide us with the
resources and procedures. The code applies to all of Frontier's directors, officers and employees,
including those at Frontier's subsidiaries and affiliates:
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Directors:
Pamela D. Reeve, Chairman
Leroy T. Barnes Jr., Director
Peter C.B. Bynoe, Director
Diana S. Ferguson, Director
Edward Fraioli, Director
Daniel J. McCarthy, Director
Virginia P. Ruesterholz, Director
Howard L. Schrott, Director
Larraine D. Segil, Director
Mark Shapiro, Director
Byron A. Wick, III, Director
Officers:
Chief Executive Officer and President
Executive Vice President, External Affairs
Executive Vice President and Chief Financial Officer
Executive Vice President, and Chief Custom Office
Executive Vice President, Field Operations
Executive Vice President and Chief Technology Officer
Senior Vice President, General Counsel, Secretary
Executive Vice President and Chief People Officer
Daniel McCarthy
Kathleen Quinn Abernathy
Perley McBride
Cecilia K McKenney
John Lass
Steve Gable
Mark D. Nielsen
Kathleen Weslock
Contact information for the members of Frontier's Board of Directors and Management,
as well as their profiles, may be found at lit ;a/inv stor.fronticr.com/directors.c= and
Frontier's Management's profiles found at httoa/investor.fi ontie- com/mana¢cment.cfm.
For information concerning the number of shares held by each officer or director of
Frontier, please see Frontier Communications Corporation's most recent Form 10-K
(along with all other SEC filings) found at:httn:lfimrestor.frontjer.contl�ec.cfan.
-3001-
221 e
13. A notation and explanation of omissions or other variations with
respect to the requirements of the proposal.
None at this time.
The following responds directly to the requested information set forth in the
Request for Proposals pursuant to Minnesota Statutes, Section 238.081, subd. 4.
A statement as to the proposed service area;
Frontier is still finalizing its initial footprint for the deployment of cable services within
the City service area. Frontier's planned deployment is highly confidential. Pursuant to
an executed franchise agreement(s), Frontier will meet regularly with the City and the
Commission to discuss where service is available and any plans for additional
deployment. As further explained above, Frontier is the second entrant into the wireline
video market in the City. As a second entrant, investment in and expansion of Frontier's
Cable System should be driven by market success, and not a contractual requirement for
ubiquitous coverage.
A resume of prior history of applicant, including the legal, technical and financial
expertise of applicant in the cable television field;
Frontier affiliates provide cable service to approximately 1.5 million subscribers and hold
cable franchises detailed in Exhibit D. Technical and managerial experience is detailed
in Section 9, above. Financial qualifications are described in Section 11, above.
A list of the general and limited partners of the applicant, if a partnership, or the
shareholders, if a corporation;
Please see Frontier Communications Corporation's most recent Form 10-K (along with
all other SEC filings) found at: lettn://iilv.,stor.fro.itier.com/s:.c.cfn;.
4. The percentage ownership of the applicant of each of its partners, shareholders or
other equity owners;
Please see Frontier Communications Corporation's most recent Form 10-K (along with
all other SEC filings) found at: http_/_/invesior.frorti__.co.n/sec.cf-n
5. A list of officers, directors and managing employees of applicant or its general
partner, as applicable, together with a description of the background of each such
person;
Please see response to Section 9, above. Please also see Frontier's Board of Directors'
profiles found at litt-,)://.ii-,v!:.sto,-.fronfier.com/directoi-s.cf and Frontier's Management's
profiles found at httn://investor.,nn*.ier.rcm(i_ran-.zement.cfin.
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23 1 , ,`
6. The names and addresses of any parent or subsidiary of applicant or any other
business entity owning or controlling applicant in whole or in part, or owned or
controlled in whole or in part by applicant;
Please see Frontier Communications Corporation's most recent Form 10-K (along with all
other SEC filings) found at: bttp://i:i.-e3tor.f:•o:}tier.com/sec.cflr..
A current financial statement of applicant verified by an audit or otherwise
certified to be true, complete and correct to the reasonable satisfaction of the City;
Please see Frontier Communications Corporation's most recent Form 10-K (along with
all other SEC filings) found at:,'lttp://i�vestor.fronti,?r.com/sec.cfm.
8. Proposed construction and service schedule;
Please see response to Section 8.
Citizens Telecommunications Company of Minnesota, LLC
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Director vernment & External Affairs
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EXHIBIT C
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34 ,
BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION
Beverly Jones Heydinger Chair
Nancy Lange Commissioner
Dan Lipschultz Commissioner
Matthew Schuerger Commissioner
John A. Tuma Commissioner
In the Matter of Annual Certifications ISSUE DATE: September 30, 2016
Related to Eligible Telecommunications
Carriers' Use of Federal Universal Service DOCKET NO. P-999/PR-16-8
Support
ORDER CERTIFYING ETCS' USE OF
FEDERAL HIGH-COST SUBSIDY
PROCEDURAL HISTORY
I. Introduction
Under the Federal Telecommunications Act of 1996, telecommunications carriers must be
designated "eligible telecommunication carriers" (ETCs) to qualify for subsidies from the
federal Universal Service Fund for serving high-cost areas or low-income consumers. I
State regulatory commissions have primary responsibility for designating ETCs.' State
commissions must annually certify to the Federal Communications Commission (FCC) that all
high-cost support provided to state -designated ETCs was used in the preceding calendar year,
and will be used in the coming year, only for the provision, maintenance, and upgrading of
facilities and services for which the support is intended.'
ETCs must comply with filing requirements to demonstrate their eligibility for certification.
Each petitioning ETC must file (a) an affidavit from a corporate officer stating that Universal
Service funds will be used only for their intended purposes and (b) documentation pertaining to
the previous year's Universal Service Fund subsidies and the company's operating and capital
expenditures.' For example, certain ETCs must file financial statements that have been
' 47 U.S.C. § 254(e).
' 47 U.S.C. § 214(e)(6). The Federal Communications Commission acts on designation requests from
carriers that are not subject to state commission jurisdiction. Id.
' 47 C.F.R. § 54.314(a).
' In the Matter of Annual Certifications Related to ETCs' Use offederal Universal Service Support,
Docket No. P -999/M-02-1403, Order Certifying ETCs' Use of Federal High -Cost Subsidy
(December 23, 2002).
-3014-
reviewed and certified by a certified public accountant (CPA).' The Commission has also
established detailed filing requirements designed to ensure that petitioning companies continue
to meet their obligations as ETCs.6
Consistent with the reporting requirements in 47 C.F.R. §§ 54.313 and 54.422, the Commission
establishedthe following procedural schedule:'
July 1
ETCs file petitions and supporting documentation.
September 1
Interested persons file comments.
September 8
Interested persons file replies.
II. Filings in this Docket
By July 19, 2016, some 88 Minnesota telecommunications carriers had filed their annual
petitions asking the Commission to certify to the FCC that they remain eligible for high-cost
subsidies from the Universal Service Fund. As part of these filings, nine carriers reported
receiving federal high-cost subsidies exceeding $100 per line per month for the first half of 2016.
On September 1, 2016, the Minnesota Department of Commerce (the Department) filed
comments concluding that Dunnell Telephone Company (Dunnell) had failed to file financial
information certified by a CPA. But the Department found that the rest of the ETCs had filed
the information required to show that the high-cost support provided to the petitioning ETCs in
2015 and the first half of 2016 was used, and will be used in the coming year, only for the
provision, maintenance, and upgrading of facilities and services for which the support is
intended. Consequently, the Department recommended that the Commission certify all the
ETCs listed in the Department's comments.
On September 6, 2015, Dunnell filed financial data certified by a CPA.
On September 15, 2016, the matter came before the Commission. At that time the Department
declared that Dunnell had also filed the information required to justify approval of that ETC's
petition. The Commission voted to certify the ETCs listed in the Department's comments.
On September 23, 2016, the Department filed a revised list of ETCs for certification.
' 47 C.F.R § 54.313(f)(2).
6 In the Matter of Possible Changes to the Commission'Annual Certification Requirements Related to
ETCs' Use of Federal Universal Service Support, Docket No. P -999/M-05-741, Order Setting Filing
Requirements and Opening Proceeding to Consider Adopting FCC Standards for Designating ETCs
(July 21, 2005).
7 In the Matter of Annual Certifications Related to Eligible Telecommunications Carriers' Use of
Federal Universal Service Support, Docket No. P-999/PR-14-8, Order (April 11, 2014).
-3015-
On September 29, 2016, the matter again came before the Commission. The Commission voted
to certify the list of ETC included in the Department's revised filing in lieu of the list from the
Department's initial filing, and authorized its staff to correct errors in that list.
FINDINGS AND CONCLUSIONS
I. Certification to the Federal Communications Commission
The Commission has reviewed the petitioning companies' filings and concurs with the
Department that the filings satisfy the requirements for certification set forth by the Commission
and the FCC. All the companies filed sworn affidavits to demonstrate that they have used and
will continue to use federal high-cost subsidies only to provide, maintain, and upgrade the
facilities and services for which the support is intended.
The Commission will therefore grant the petitions and make the requested certification to the FCC.
II. Future Filings
The ETCs' filings reveal data about the amount of subsidies the carriers had received. While
most ETCs received federal subsidies equal to about $25450 per line per month, during the
first half of 2016 nine carriers reported receiving subsidies exceeding $100 per line per month.
At the Commission's meeting on this matter, the Department offered to investigate this
anomaly. The Commission will accept this offer.
Finally, some ETCs had difficulty meeting the deadlines for filing all the data and
documentation required for the Commission to certify compliance to the FCC. At least in the
case of Dunnell, the Department requested additional documentation, which required additional
time for compliance. Consequently, the Commission will delegate to its Executive Secretary
the authority to modify the filing schedule prospectively, including changes required to acquire
additional information from individual companies.
ORDER
The Commission hereby certifies that all the petitioning ETCs listed in Attachment 1
have used High -Cost Support received in 2015 and the first half of 2016, and will
continue to use High -Cost Support in 2017, only for the provision, maintenance, and
upgrading of facilities and services for which the support is intended.
The Commission asks the Department, prior to next year's Federal High Cost Universal
Service Support certification, to gather more detailed information from ETCs receiving
subsidies exceeding $100 per line per month to justify each one's need for the unusually
high level of support.
-3016-
Prospectively the Commission delegates to the Executive Secretary the authority to
modify the filing schedule, including changes required to acquire additional information
from individual companies.
4. This order shall become effective immediately.
BY ORDER OF THE COMMISSION
'Z"U-t /I Gr%
Daniel P. Wolf v
Executive Secretary
This document can be made available in alternative formats (e.g., large print or audio) by
calling 651.296.0406 (voice). Persons with hearing loss or speech disabilities may call us
through their preferred Telecommunications Relay Service.
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-3036-
MOUND CITY COUNCIL MINUTES
NOVEMBER 1, 2016
The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on
Tuesday, November 1, 2016, at 6:30 p.m. in the council chambers of the Centennial Building.
Members present: Mayor Mark Wegscheid; Council Members Kelli Gillispie, Ray Salazar, and
Jennifer Peterson
Members absent: Council Member Heidi Gesch
Others present: City Manager/Public Works Director Eric Hoversten, Community Development
Director Sarah Smith, Public Works Superintendent Ray Hanson, Liquor Store Manager John
Colotti, Fire Chief Greg Pederson, Finance Director/Clerk/Treasurer Catherine Pausche,
Building Official Scott Qualle, Field Officer Stewart Simon, Quinn Pausche, Johanna Baden
1. Open meeting
Mayor Wegscheid called the meeting to order at 6:30 p.m.
2. Approve the agenda
Motion by Salazar, seconded by Peterson to approve the agenda. All voted in favor. Motion
carried.
Council Member Gillispie arrived at 6:39 pm.
3. Review and Discussion of Suggested Changes to the City Code and Miscellaneous Policies
A. Chapter 30 -Burn Permits
Fire Chief Pederson said some changes are housekeeping in nature to update the City Code
based on changes in the 2012 International Fire Code and 2015 Minnesota State Fire Code.
In addition, Pederson said he is the fire warden appointed by the Department of Natural
Resources to issue open burn permits. Pederson recommends limiting open burn permits
to some exceptions which would result in residents only being allowed to have recreational
fires. Pederson said demand in the past has been low and Spring Park and Minnetonka
Beach also do not allow open burn permits because of problems that can result.
The Council members present agreed with the proposed changes.
B. Chapter 42, Nuisances as it relates to public nuisances affecting health, peace, and
safety
Community Development Director Sarah Smith said the information in the packet reflects the
feedback received at the July workshop and the proposed language is an attempt to make the
information more user friendly and fill in gaps where they existed, including the enforcement
process and cost recovery mechanisms. Efforts were also made to distinguish between
nuisances and life saftety issues that would require immediate abatement.
-3037-
Mound City Council Minutes—November 1, 2016 Workshop
Mayor Wegscheid requested that a policy accompany the new language that requires the City
Manager to notify the City Council members anytime a Right of Entry is executed. Building
Official Scott Qualle noted that the language was taken from the building code and that if the
resident refuses entry, a search warrant would be needed.
Salazar asked if the language in Section 3 (1-3) refers to public sidewalks only and
Hoversten suggested adding clarifying language that says "not in the right of way." Qualle
said the intent is to improve vision for drivers. On section 5, it was suggested to move any
wire which is strung less than 15 feet above the surface of the ground" to the beginning of the
section to avoid confusion. Field Officer Stewart Simon highlighted some other changes and
Mayor Wegscheid said No.2 on page 14 first paragraph should include "regardless of cost."
The Council members present agreed with the proposed changes as amended.
C. Chapter 129, Zoning as it relates to definitions and exterior storage
Stewart Simon said staff wishes to expand on the definitions of exterior storage in order to
create classifications by type and make the language consistent with the terms used in the
proposed language changes to Chapter 42 Nuisances. Simon said staff recommends
repealing and replacing sections 129 - 314, with the new language specifically not allowing
living in a trailer on the property.
Discussion ensued on the reasons for the stated setbacks and it was noted improved
driveways are allowed a 1 foot setback. In addition, discussion ensued on whether putting a
24 month limit on inoperable vehicles invites procrastination and abuse and what other
options are available to show progress and commitment to completing the vehicle
restoration. Staff noted the challenge is similar to showing proof of progress on building
permits. It was agreed that Staff would revisit the language and that the reference to 24
months would definitely be omitted.
Simon said(d)2 language was added similar to the fence ordinance language with regard to
blocking views. Wegscheid noted that in subsection (e) he is concerned with all of the lawn
maintenance businesses in town and the language needs to be more specific and allow for
short-term storage vs. permanent storage. Simon said this was in response to asphalt paver
equipment that creates odors. Wegscheid asked if that is more of a nuisance issue.
Discussion ensued about what constitutes heavy equipment, particularly when it can be on
the same trailer smaller equipment can be stored on. Simon suggested removing "bucket
loader" from the definition and use skid loader instead. Staff was directed to revisit that
language.
Discussion on recyclable materials ensued and Staff said it meant for extreme cases of
hording.
-3038-
Mound City Council Minutes —November 1, 2016 Workshop
Discussion ensued about subsection (g) Exterior storage of firewood that requires it be
stored in an orderly fashion. Mayor Wegscheid questioned if the minimum inches off the
ground needs to be specified and Smith said the issues is to prevent pests. It was agreed to
change the language from 8" to 3.5" which is the equivalent of a 2 x 4. Wegscheid also
questioned the setback and Staff said the intent was to prevent encroachment so the shed
set -back was used. It was agreed to add unless separated by a fence, then no closer than
one foot" Also, a maximum height of 6 feet should be added, similar to the fence limit.
Smith noted that changes to the zoning ordinance requires Planning Commission review
and a public hearing at the City Council.
D. Chapter 2 -Administration -Fines
Hoversten said Staff has decided not to pursue the administrative fines option as it is
unclear whether or not cities have statutory authority and use of administrative fines may
expose the city to lawsuits.
E. Chapter 24 - Animals as it relates to chickens
Smith noted that there was extensive analysis done in 2013-2014 to evaluate allowing
chickens, bees, and alpacas that including looking at what other cities were doing and the
LMC model. A wide range of approaches to "sustainability" have been undertaken by cities,
including licensing, classes, setting limits on numbers of animals, mix of sexes, allowing only
eggs and not reproduction, etc. Smith noted that a map showing Mound parcels by size of
lot has been created since the last discussion and that only 10% of parcels had over 20,000
square feet, leaving the majority small lots with narrow set -backs.
Smith said the amount of lakeshore with larger set -backs and the fact that people tend to
build to the maximum allowed hardcover adds to the complexity and reduces the areas
available for.chickens. Smith said Mound is 90% developed with no properties zoned for
agriculture.
Field Officer Stewart Simon also noted that in 2015 there was the Bird Flu epidemic and
Hennepin County Emergency Management wanted counts of backyard flocks. In addition,
Simon said there was a complaint of errant chickens on the island and he discovered 11
chickens and a coop right on the property line so there are cases where tensions can
increase among neighbors. Salazar asked if chickens draw predatory animals and Staff
confirmed we already deal with coyotes.
Peterson said she appreciated the discussion but that she understood the obstacles and
hopes that Gale Woods will create an option for families to have the experience.
Wegscheid said he knows there are people who are passionate about it, but that most
people he talks do don't support it.
The Council members present agreed that no additional analysis was necessary.
-3039-
Mound City Council Minutes —November 1, 2016 Workshop
F. Chapter 18 - Cemeteries
Pausche said Chapter 18 was cleaned up last year, but that clarifying language is still needed
when it comes to marker sizes and inscriptions. Pausche said the language is similar to Our
Lady of the Lake's procedures and Public Works signed off on it.
The Council members present agreed with the proposed changes.
G. FIN OXX - Public Gathering Permit Fees
Pausche gave background on previous discussion and analysis related to public gathering
permits and fees and said that things seem to have been working well now that reduced or
waived fees are approved by Council resolution. Pausche said each event is unique and that
it would be extremely difficult to develop an al -a -cart menu with associated costs for
additional services. Therefore, Pausche said staff suggests creating two categories of fees
based on the location of the event, with the larger, more popular sites having a fee of $300
and the smaller, neighborhood parks having a fee of $50 with a limit on the maximum
number of participants. In addition, Pausche suggested increasing the number of
participants requiring a public gathering permit from 15 to 25 and not permitting public
gatherings on commons, just in parks. Pausche said Staff will continue to refine the Special
Event Checklist that also covers events on private lands.
The Council members present agreed with the proposed changes.
H. FIN OXX- Liquor Store Donations Policy
Liquor Store Manager John Colotti said that in the past, he has primarily given in-store
promotional items from distributors when asked to make donations to silent auctions and
fundraisers, with the exception of the Rotary where he allowed them to purchase gift cards
ata discount. Minnesota Statute limits a cities ability to give away public funds and
requires a contract for services to be in place that defines the public benefit. In addition,
the Council passes a resolution to accept all monetary and in-kind donations each year, of
which the in-store donations have not been included. Pausche said advertising activities are
permitted, but must not be used as a method to disguise a donation.
Hoversten said the challenge includes the implied endorsement if resources are given and
the struggle to fairly distribute them among the many organizations and initiatives in the
area.
The Spirit of the Lakes "sponsorship" was discussed but it was noted that there is a contract
for services in place and no product is donated. Colotti said the major contribution is Staff's
time commitment to manage the beer garden and tastings. Pausche said the festival is the
exception because many city services are being donated and it is clearly spelled out in the
contract.
-3040-
Mound City Council Minutes—November 1, 2016 Workshop
Gillespie said she feels sponsorships should be permitted. Wegscheid said he agreed with
Hoversten that it is difficult to determine which groups should be supported but there
definitely has to be obvious community benefit. The Council Members agreed that
promotional items were acceptable to re -gift. Qualle suggested using the promotional
items for just in-store promotions and basically not giving anything away. Wegscheid noted
the City is in a retail business and has to compete with the private sector within the limits of
the law.
Discussion continued on sponsorships and what is technically advertising. Mayor
Wegscheid said print advertising should be considered advertising. Pausche suggested
requiring it to be available to a large, local audience.
It was agreed that the Liquor Store Manager should receive all requests in writing and use
his judgment to determine which advertising opportunities give the most bang for the
buck, print or otherwise. Re -gifted promotional items should be used for local
organizations and the liquor store is under no obligation to provide. It was agreed that
private fundraisers should not be eligible and in no case should product that can be sold or
gift certificates be given in order to comply with statute.
I. FIN OXX - Official Website Policies
Pausche said the city often receives requests to put links on the city's website and Staff
recommends limiting links to local public utility providers or non-profit entities with a
physical presence in the area who provide services to area residents. Hoversten noted the
Facebook page for Mound is not endorsed or managed by the city but is managed by a
Parks Commissioner. Pausche noted staff is working on updating the content of the
website.
The Council members present agreed with the proposed changes.
J. FIN OXX - Utility Billing for non -homestead properties
Pausche gave background on the issues related to rental property utility bills and
recommended that the primary account holder be the property owner with the option to
send a copy to the renter. Pausche said the benefits include more accountability and
concern about usage and payments since property owners are ultimately responsible
anyway. Pausche said staff will work with owners on how to allocate quarterly bills if there
is a change in renters. Pausche recommended changing the move -in fee from $10 to $50 as
there is administrative time spent to create the final read/bill and special assessment
search. Pausche said it may be mandated on a go -forward basis and then clean up of
existing accounts. Staff will be sure to provide education and best practices.
The Council members present agreed with the proposed changes.
-3041-
Mound City Council Minutes—November 1, 2016 Workshop
4. 2017 CIP update and utility rate projections, fee schedule
A. CIP and utility rates
Pausche noted that the CIP and 2017 rate increases were included in the preliminary budget
and that this exercise was an attempt to estimate rates for 2018 - 2021 based on the
updated CIP from the engineers. Pausche emphasized that bond issues will begin to mature
and that she expects 2017 to be the last year for street improvement G.O. bonds which
should give the City some flexibility in managing levy and utility rate increases. Pausche
estimated minimum rate increases of 6% for water and sewer and 2% for storm water,
assuming reasonable inflation, expenditures on equipment, and level Met Council
Wastewater Treatment charges. Hoversten said Met Council projects 5 - 6% increases and
the city is adding meters at critical lift stations in order to be able to measure inflow and
infiltration and flows from neighboring cities.
Pausche clarified this was provided as informational purposes and that the Council is not
approving the CIP or proposed rate increases for 2018 - 2021.
B. 2017 Fee schedule
1. Contract for building inspections
Pausche said the fee schedule will be approved with the final budget and a draft of changes
have been included with the packet. Pausche said she will be adding fees for the new types
of liquor licenses.
Pausche said staff reviewed a request for an increase in the share of building inspection fees
from MNSpect and noted that the percentage share and permit fees have not changed
since we contracted with MNSpect in 2005. Hoversten said he does not feel 50/50 is
representative of actual time as MNSpect has more responsibility in plan reviews. In
addition, Hoversten said MNSpect is rolling out a permit tracking system that should
provide additional relief for City staff and noted that the permit fees for the residents and
contractors are not changing.
Mayor Wegscheid said that since MNSpect is moving to the permit tracking software he is
no longer proposing to move electrical permits back to the state. Wegscheid said since staff
is proposing to review permit fees down the road, he does not think we should change the
percentage before that review is complete. In addition, Wegscheid said he felt the software
should be provided and it should not be for the City to fund. Peterson asked for Pausche's
opinion. Pausche said she is not involved in the permitting process and she relied on
Hoversten and Smith's input as to what is an accurate percentage split of fees. Pausche
noted that the other professional service contracts have had inflationary adjustments and
that MNSpect assumed all of the risk for lower permit volumes during the recession.
Pausche said she feels these factors outweigh the investments in technology and change in
the percentage split is justified. Pausche said she does not think the current permit fees will
change and noted MNSpect agreed to change maintenance permits to a flat fee from
-3042-
Mound City Council Minutes—November 1, 2016 Workshop
valuation based, which was a voluntary loss in revenue. Qualle also noted the valuations
are tiered, so inflation has less of an impact because the majority of the permit fees are
obtained in the lower tiers.
Wegscheid said he would like to keep the contract as is for 2017 since the City had the
option to sign a three year agreement last year and elected to make it a one year.
Wegscheid said the Council can review the technology improvements in both saved staff
time and customer experience and evaluate the percentage split for 2018 and beyond. It
was agreed the market study on permit fees is not necessary at this time. Qualle said he
would not recommend increasing fees either. Smith thanked MNSpect for the quick,
expedient service, particularly when additional effort is needed and said the City benefits
from MNSpects ability to bring in additional resources versus the City having a single
building official.
C. Review of 2017 Preliminary Budget
Pausche said the preliminary budget packet issued in August contained information on the proposed
2017 utility rate increases of 8.5% for water and 9.5% for sewer and all others remaining the same.
In addition, the General Fund Levy was certified at a 3% decrease with an overall levy increase of
0.54%. Pausche said a few changes are anticipated for the final budget, none of which would impact
the recommendations for revenue increases. Pausche did note that the union contract expires this
year and negotiations will begin in December. Pausche noted the City is moving to the small
employer health insurance market for 2017. Pausche said schedules will be included summarizing
equipment replacement plans, conferences and training, and contract information.
5. Adiourn
MOTION by Gillispie, seconded by Salazar, to adjourn at 9:43 p.m. All voted in favor. Motion
carried.
Attest: Catherine Pausche, Clerk
Mayor Mark Wegscheid
-3043-
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PARKS AND OPEN SPACE COMMISSION MEETING MINUTES
JUNE 9, 2016
The Mound Parks and Open Spaces Commission met on Thursday, lune 9, 2016, at 7:00 p.m. in the
council chambers of the Centennial Building.
Present: Chair Travis Mills, Commissioners Derek Goddard, Shawn Seiler and Linda
Cordie
Absent: Council Representative Heidi Gesch
Others Present: City Manager and Director of Public Works Eric Hoversten, Parks Worker
Gavin Ball
Public Present: Steve and Dawn Audette, Mike Klauda
1. Call to Order
The meeting was called to order at 7:01 p.m.
2. Roll Call
3. Approval of Agenda
MOTION by Goddard, seconded by Seiler, to approve the agenda. All voted in favor. Motion
carried.
4. Approval of Mav 12.2016, Minutes
MOTION by Mills, seconded by Seiler, to approve minutes of May 12, 2016 regular meeting.
All voted in favor. Motion carried.
S. Comments and Suggestions from Citizens Present_
Steve Audette, 3146 Highland, both he and his wife play tennis but they play at the high
school. Those courts are great and they haven't had a problem getting on.
Adjacent to Audette's house is a City of Mound green space. Audette has two ideas to
improve the park so more residents use the space; 1) when City of Mound cuts the grass,
would like the workers to leave a buffer from water to grass of 5 to 10 feet of a shoreline
buffer. This would help to keep geese out. 2) Audette wants to plant some plants that are
recommended by Minnehaha Creek Watershed along the shoreline in the buffer area.
Audette and the neighbors are looking for money to get the seeds. Audette would like to
sign up for Adopt A Green Space.
Cordie stated that Natural Shore Restoration in Long Lake has lots of plants that would fit the
purpose of this park. Hoversten says Highland End was not on the "first -cut" list for
waterside restoration because it is huge and would take city funds that are not currently
available for this. Hoversten would also like to have the waterside garden visible to a lot of
traffic and Highland End park is pretty remote and tucked away where not many people see
it. Hoversten has picked Carlson Park to use as the waterside park repair example.
Mills suggested to Audette that he apply for a watershed district grant to obtain the money
for the waterside restoration project at Highland End. This requires a public lands permit
from the city, which would then be taken to the watershed district in the application process.
-3047-
Mound POSC Meetlng Minutes June 9, 2016
Hoversten stated that the watershed district is currently looking for 75%/25% opportunities.
This means the watershed would provide 75% of the costs for the project, the citizen
providing the other 25%.
In the meantime, Hoversten says the Mound parks department can certainly leave the buffer
strip at the water's edge.
MOTION by Mills, seconded by Cordie, to allow a 15' buffer strip in Highland End Park. All
voted in favor. Motion carried.
Mike Klauda, 4991 Sparrow Road, is Mills' neighbor. Klauda would like to know the plan for
Crescent Park, near his house. Hoversten says the amenity to Crescent Park is its access to
the trail down to the water. This park has been used as a staging area for the recent lift
station project. The contractor for that project has money included in the budget for
restoration of Crescent Park. Hoversten would like the park to be dry seeded with waterside
meadows and prairie grasses, allowing the area to come up in a naturally low maintenance,
waterside meadow. Hoversten says this can be done with the money that was already set
aside by the recent lift station and street projects. The city crews have already cleared away
dead scrub and buckthorn to leave a view. Hoversten would like to put in some benches to
look out to the water.
Seiler commented that the lift stations are not the most "natural" looking things for the park.
Is there any way they can be fenced off? Hoversten commented that these lift stations need
to be accessible by trucks on the back side. Mills asked if natural plants can be put on the
back side of the building. Hoversten says this is being done now but any improvements
would come out of the sewer budget.
6. Prellminary Budget Discussion
Hoversten presented overview of budget guidelines for POSC. Parks are funded out of
general obligation funds, which are financed through tax levies and bonding. Some of the
parks' revenue comes from park dedication fees received from lot subdivisions.
Hoversten believes parks have been underfunded in the past. Mills asked about bringing the
tennis court grants to the council. Hoversten stated that the United States Tennis Assn grant
comes with a matching portion. The Hennepin County Youth Sports grant does not ask for
matching funds, which would be easier to bring to the council for approval.
Seiler questioned whether or not using the grant money for the tennis court upgrade was a
wise use of the money. Mills says he thinks that people would like the court and at some
point, the city will need to either fix it or upgrade it anyway.
Hoversten summarized and asked the commission if there was other input for the list of
budgetary items he brought forward.
Mills asked about the long-term plans for Surfside park. Hoversten says the things that are in
place right now will most likely stay as -is. Play structure needs to be replaced, but that is on
the list. Not a lot of parking available. Work is being done on grading at boat launch area.
STkII.
Mound POSC Meeting Minutes June 9, 2016
Open space area should probably be kept as is.
Mills suggested the USTA grant matching funds be crossed off the list. Mills thinks the
commission should apply for the Hennepin County Youth Sports grant instead. Mills will
work with Jeff Peterson from the Westonka School District to write that grant. Goddard
thinks the commission should still pursue the USTA grant.
MOTION by Mills, seconded by Seiler, to provide instruction to staff to use the budget
document provided by Hoversten with the amendment to change the tennis court item to
reflect $15,000 to tear out or serve as matching funds that the Parks commission would
recover. All voted in favor. Motion carried.
7. Reports
City Council Representative
none offered
Commissioner Comments -
Goddard will not renew as commissioner and will serve until end of 2016.
Seiler stated that he had presented to the City Council the idea of starting a City of Mound
Facebook page. The council denied his request. Seiler then tried to contact the Westonka
Community and Commerce (WCC) about posting Mound city events to the WCC Facebook
page. WCC did not return his calls. As a result, Seiler started a citizens Facebook page - City
of Mound Events & Happenings. This is an open forum allowing people to post local events.
Cordie went to the City of Mound website to find the Adopt A Green Space application and
was frustrated by how many clicks she had to do to get to the application. Hoversten
mentioned that the city will seek budget money to solicit a new webpage at some point in
the future.
8. Ad ourn
MOTION by Cordie, seconded by Mills, to adjourn at 8:28 p.m. All voted in favor. Motion
carried.
Submitted by: Mary Mackres
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MINUTES
MOUND ADVISORY PLANNING COMMISSION
OCTOBER 4, 2016
Chair Penner called the meeting to order at 7:00 pm.
ROLL CALL
Members present: Chair Cindy Penner; Commissioners Jason Baker, Jeffrey Bergquist, David
Goode, Doug Gawtry, and Jennifer Peterson. Members absent: Jameson Smieja. Staff present:
Community Development Director Sarah Smith and Secretary Jill Norlander.
Members of the public: Tom McDougall, 5239 Washburn Ave S, Minneapolis; Lisa Sheplee,
2933 Dickens La; Joan Reno, 2939 Dickens La; Rick & Sherri Bode, 2936 Westedge Blvd; Tom
Penn, 5200 Maywood Rd (Sojourn); Kari Johnson, 5200 Maywood Rd (Sojourn).
APPROVAL OF MEETING AGENDA
MOTION by Baker, second by Goode, to approve the agenda as presented. MOTION carried
unanimously.
REVIEW AND ACTION ON SEPTEMBER 6. 2016 MEETING MINUTES
MOTION by Goode, second by Baker, to approve the September 6, 2016 meeting minutes as
written. MOTION carried unanimously.
BOARD OF APPEALS
Planning Case No. 16-31 Variance
4804-4820 Northern Road Applicant: Tom McDougall, McDougall Investments LLC
Smith introduced the request. The applicant is requesting variance approval to allow for
construction of 2 accessory garages and undertake site modifications. The project includes
removal of an existing detached garage, redesign and replacement of the existing driveways
and parking areas, new sidewalks, landscaping alterations and tree planting. No changes to the
existing apartment buildings are included in this request. The project will reduce hardcover on
the site.
The requested variances include:
■ The west garage does not meet the required 20 -foot distance from the garage doors to
the lot line.
• The proposed driveway/parking areas will be located within 10 feet of the existing
apartment building.
• Two of the proposed driveways do not meet the required 25 foot width of the R-3
district regulations.
• The proposed driveway/outdoor parking areas will be located within 20 feet of the ROW
and within 10 feet of adjacent propertv lines as required by the R-3 regulations.
-3050-
• A variance from the parking requirement for 2'/: spaces per unit, 1 of which must be
indoors.
• A variance from required concrete material for walkways to allow use of a pervious
paver product.
■ Variance from the code provisions regarding plantings/landscaping along property lines.
Staff has recommended approval of the variances with conditions and findings of fact as
outlined in the planning report.
Tom McDougall, 5239 Washburn Ave S, Minneapolis, stated that his proposal is based on a
desire to improve aesthetics, functionality, run-off, and impervious area.
MOTION by Goode, second by Gawtry, to recommend approval subject to findings of fact and
conditions as outlined by staff. MOTION passed unanimously.
Planning Case No. 16-32 Conditional Use Permit
5200 Maywood Road Applicant: Tom Penn, Sojourn Adult Services LLC
Smith introduced the Conditional Use Permit revision to increase client capacity from 40 to 50,
increase staff size, and an increase of traffic by 2 to 3 vehicles between 7:30 am and 9:30 am
and between 2:30 pm and 4:30 pm.
In 2010, a conditional use permit was approved to operate adult day care on the property for
30 clients. In 2011, the CUP was amended to allow 40 clients. In addition, a parking agreement
was approved between Sojourn and St. John's Lutheran Church.
Baker asked if Sojourn has the entire building. Smith indicated that other offices are on the
second floor and Sojourn is on the main level.
Tom Penn, Sojourn, said that the request is based on the high demand for the service they
provide. They turn down clients every day. Sojourn has been in business for 34 years and here
in Mound for 8 years. About 30-35% of the clients come from Mound.
MOTION by Gawtry, second by Bergquist, to recommend approval with staff recommendations
and findings of fact. MOTION passed unanimously.
Planning Case No. 16-34 Variance
2936 Westedge Boulevard Applicant: Rick and Sherri Bode
Smith introduced the variance request to allow the construction of a 30' x 30' two-story
addition on the southern side of their existing home. The proposed addition would include a
main level garage with additional living space on the second level. The existing lot of record is a
corner lot, with frontage on the northeast corner of improved Westedge Boulevard and
unimproved Mound Avenue. The variance request is to allow an 8 -foot setback from the
unimproved Mound Avenue, which is a 2 -foot variance.
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Rick Bode, 2936 Westedge Blvd, said they are currently living in a 2 -bedroom house with 4
children.
Joan Reno, 2939 Dickens La, wants to know when the project would begin. Mr. Bode wants to
start as soon as the variance is approved and be finished in 6 months. Ms. Reno also asked
about dumpster location. Mr. Bode said that the dumpster was gone.
Lisa Shepley 2933 Dickens Lane, thought the project was a great project for a good neighbor.
MOTION by Gawtry, second by Goode, to recommend approval with conditions and findings.
MOTION passed unanimously.
OLD/NEW BUSINESS
A. Staff/Council Liaison Update
- Bluebird variance was approved by City Council
- Council will be taking a look at the parks
B. Next meeting date —Tuesday, October 18, 2016,7:00 pm
MOTION by Goode, second by Bergquist, to recommend approval of the special meeting on
October 18, 2016 at 7 pm, cancel the November 1, 2016 meeting and establish a special
meeting on November 15, 2016. MOTION passed unanimously.
C. 2016 Planning Commission term expirations — Gawtry/ Stone/ Smieja
Letters have been sent. The Planning Commission has 3 vacancies. Interviews are
scheduled for December 6, 2016.
ADJOURNMENT
MOTION by Penner, second by Goode, to adjourn at 7:52 pm. MOTION carried unanimously.
Submitted by Jill Norlander
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