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2005-06-14PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA *Consent A~enda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. 2. 3. 4. Call meeting to order Pledge of Allegiance Approve agenda, with any amendments *Consent Agenda *A. Approve minutes: May 24, 2005 regular meeting May 31, 2005 special meeting *B. Approve payment of claims *C. 2005 Street Reconstruction proiect Payment Request #1 from Buffalo Bituminous in the amount of $196,017.68 *D. 2004 Retaining Wall Improvements (1) Payment Request #3 from Rosti Construction in the amount of $89,429.27 (2) Change Order #1 for +$16,816 *E. Well #8 Pumphouse Proiect (1) Payment Request #3 from Magney Construction in the amount of $136,933.00 (2) Approve Change Order #3 for +$1,716.92 (3) Approve Change Order #4 for +$3,344.40 *F. Lost Lake and Maxwell Sites (1) Approve Barr Engineering Work Order No. 3 (2) Adopt Resolution Approving the Terms of $232,000 Internal Loan (to be reimbursed by MHRD) *G. Pass Ordinance Amending Subsection 330.10 of the City Code as it Relates to Retaining "Lot of Record" Status for Boundary Adjustments, Waiver of Platting and Subdivision Exemption Applications. PC Recommendation: Approval with conditions 1505-1508 1509-1511 1512-1542 1543-1546 1547-1551 1552-1553 1554-1567 1568-1569 1570-1572 1573-1577 1578-1580 1581-1584 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. o ° 8. *H. Adopt Resolution Reaffirming the Authorization of City Sponsorship of State Grant-In-Aid Snowmobile Trail Funds *I. Approve Public Gathering Permit for July 16, 2005, for Wrestling Tournament by Mound Wrestling Organization ' Mound Bay Park *J. Pass Ordinance Amending Section 800 of the City Code as it Relates To Liquor Licenses *K. Pass Ordinance Amending Section 810 of the City Code as it Relates To Beer Licenses *L. Adopt Resolution Authorizing Installation of Stop Signs at Tuxedo Boulevard and Piper Road *M. Approve Hennepin County, Westonka School District 277 and the City of Mound Consent of Assignment of Contract No. A050934 *N. Approve Indenture of License between the City of Mound and the Westonka Historical Society *O. Approve extension of CBD Parking Program for 2005 *P. Approve Overland Lane rip-rap proposal *Q. Planning Commission Recommendation Case #05-18 and 05-19: Minor Subdivision/Variance 1645 Eagle Lane Applicant: Jim Hatchett PC Recommendation: Approval with conditions Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) Adopt Resolution Providing for the Sale of $3,875,000 Taxable General Obligation Temporary Tax Increment Financing Bonds, Series 2005 Lois Van Dyke and Students of MWHS Girl Scouts re Automatic External Defibrillators (AEDs) Action mo on Planning Cases Case #05-44 Action on Resolution Approving Floodplain Alteration Permit and Action on Resolution Approving Wetland Conservation Act (WCA) Permit Application and Replacement Plan Applications - Lost Lake District Applicant - City of Mound/Mound Harbor Renaissance Development Recommendation: Approval with conditions 1585' 1586 1587 1588 1589-1594 1595-1602 1603-1606 1607 1608-1624 1625-1632 1633-1636 1637 1638-1674 2 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. Bo Do Case ~/05-24 Floodplain Alteration and WCA Exemption Permit Applications 5331 Three Points Blvd. Applicant: Taylor Made Homes PC Recommendation: Approval with conditions Case #05-25 Floodplain Alteration and WCA No-Loss Exemption Permit Applications 5341 Three Points Blvd. Applicant(s): Holly Schaad and William Mernick PC Recommendation: Approval with conditions Case #05-37 Variance - side setbacks for new SFD ("After the Fact") 6379 Bartlett Blvd. Applicant: Dan Rivers PC Recommendation: Denial Approve Renewal of Liquor Licenses (contingent upon receipt of all applicable forms, fees and certificates of insurance)- License year 7/1/05 through 6/30/06 Bo Co Do Eo Fo PDQ Food Store - 5550 Three Points Blvd 3.2 Off-Sale License Speedway Superamerica- 5337 Shoreline Blvd. 3.2 Off-Sale License Fi Yin & Shun Bo Moy (trade name: House of Moy) - 5555 Shoreline Blvd. 3.2 On-Sale and Wine On-Sale SKD, Inc. (trade name: Carbone's Pizzeria) - 2155 Commerce Blvd. 3.2 On-Sale and Wine On-Sale *Adopt Resolution Defining Premises for the On-Sale 3.2 Malt Liquor and Wine Licenses Issued to SKD, Inc. (Doing Business as Carbone's Pizzeria) American Legion Post 398 - 2333 Wilshire Blvd. Club and Sunday Liquor *Adopt Resolution Redefining American Legion Post 398 Premises for Club and Sunday Liquor Licenses V.F.W. Post 5113 - 2544 Commerce Blvd. Club and Sunday Liquor *Adopt Resolution Redefining V.F.W. Post 5113 Premises for Club and Sunday Liquor Licenses JDP, Inc. (trade name: Dailey's Pub) - 2151 Commerce Blvd. On-Sale and Sunday Liquor Licenses 1675-1718 1675-1718 1719-1733 1734-1735 1736-1737 1738-1740 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 10. *Adopt Resolution Defining the Premises for the On-Sale and Sunday Liquor Licenses issued to JDP, Inc., (doing business as Dailey's Pub) H. A1 & Alma's Supper Club Corp - 5201 Piper Road On-Sale and Sunday Liquor Licenses Discussion/action on dock sites on Excelsior Commons 1741-1742 1743-1780 11. Miscellaneous/Correspondence A. Questions or comments from Council Members B. Report: Harbor Wine & Spirits Northstar Commuter Rail Update on Proposed Amendment to Nuisance Ordinance C. Minutes: DCAC - May 19, 2005 LMCD - May 11, 2005 12. Adjourn 1781 1782 1783-1795 1796-1800 1801-1809 This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www. citvofmound, com. COUNCIL BRIEFING June 14, 2005 Events Schedule: Don't For~et.q June 14 - 6:30 - HRA regular meeting June 14 - 7:30 - CC regular meeting June 18 - Lake and Shoreline Cleanup Event - Maynard's June 21 - 5:00-10:00- Goal Setting Retreat- Lafayette Club June 28 - 6:30 - HRA regular meeting June 28 - 7:30 - CC regular meeting June 29 - 12:00 - City Golf Event- Timber Creek Golf Course July 14-17 - Spirit of the Lakes Festival of the Arts July 21 - 5:00 - City Appreciation Picnic - Mound Bay Park/The Depot Sept 16 - 6:30-12:00 - Taste of the Lakes - Bayside Event Center Upcoming Absences Sept 23 - 28 Kandis Hanson Conference Ci,ty Hall and Public Safe ,ty Admin Offices Closed July 4 Independence Day Sept 5 Labor Day Music in the Park- 7:00 p.m. June 16 June 23 ~June 30 July 14 July 21 July 28 Rock Doctors Stoney Savanna Tropicana Wild Goose Chase Cloggers Leo & Kathy Lara Tune Into Kids The Blue Drifters Rock and Roll Caribbean Music Traditional Appalachian Clogging and Music Latin American Folkloric Music Family Music and Entertainment Traditional Bluegrass Spirit of the Lake Festival of the Arts Would you or someone you know be interested in playing a role in the upcoming festival? Some responsibilities are not yet covered and we could use the help. We will meet at City Hall at 3:00 p.m., Tuesday, June 14, should you care to sit in and possibly pick up some of the pieces remaining. The Festival was recently moved to the Greenway, over the location previously set behind Threshold. The Festival is just four weeks from next Thursday--July 14-17. Thank you. City Golf Outing The City golf outing is scheduled for Weds, June 29. up. Contact Jodi for a registration form, if you want to sign Goal Setting Retreat Our Goal Setting Retreat is set for June 21, 5-10:00 p.m., at the Lafayette Club. Please arrive any time between 4:30-5:00, so we can begin right away at 5:00. There will be a buffet sandwich and soup meal available that you may help yourself to as soon as you arrive. Jim Prosser has indicated that we may eat while he presents, as well. We need to make the most of the 5 hours. Thank you.\ MOUND CITY COUNCIL MINUTES MAY 24, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session Tuesday, May 24, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Planner Loren Gordon, Public Works Director Carlton Moore, Finance Director Gino Businaro, Jim Roberge, John & Fran Schultz, William & Billy Graham, June McCarthy Consent Agenda: Afl items fisted under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which even the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Osmek requested the removal of item B from the consent agenda and Meisel requested the removal of item A. MOTION by Beise, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Beise, seconded by Specht to approve Items C,D, and E on the consent agenda. All voted in favor. Motion carried. A. (removed) B. (removed) C. Approve Payment Request #2 from Magney Construction in the amount of $74,493,87 for the #8 Pumphouse Project D. ORDINANCE NO. 06-2005: AN ORDINANCE AMENDING SUBSECTION 330.10 OF THE CITY CODE AS IT RELATES-TO DEIGK-PARC-EL SUBDIVISIONS 1 - 1505 - Mound City Council Minutes - May 24, 2005 Eo RESOLUTION NO. 05-76: RESOLUTON AUTHORIZING THE EXECUTION OF A JOINT COOPERATIVE AGREEMENT BETVVEEN THE CITY OF MOUND AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2006-2008. 4A. Approve Minutes Meisel had requested the removal of this item from the consent agenda because she will abstain from voting as she was absent from that meeting. MOTION by Beise, seconded by Brown to approve the minutes of the May 10, 2005 meeting. The following voted in favor. Brown, Specht, Beise, and Osmek. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. 4B. Approve Payment of Claims Osmek asked that this be removed from the consent agenda to question the bill from Mound MarketPlace for Common Area Maintenance in the amount of $850. Gino Businaro explained that bill is for the cost of insurance and maintenance for the shared space, like the parking lot area. The cost is based on the size of the facility, is a monthly charge and was part of the agreement when the liquor store was purchased. Brown questioned the $103.31 bill for Cub Foods Chaplain Training and Kandis explained that this was for the Chaplain training that Mound recently hosted. MOTION by Brown, seconded by Specht to approve payment of the claims in the amount of $244,682.72. Upon roll call vote, all voted in favor. Motion carried. 5. Comments and suggestions from citizens present on any item not on th~- agenda. - None were offered. 6. Comprehensive Annual Financial Report for 2004 and Management Letter Steve McDonald of Abdo, Eick & Meyers, LLP, presented the Comprehensive Annual Financial Report for 2004 and reviewed the accompanying management letter dated April 1, 2005. MOTION by Specht, seconded by Brown to acknowledge receipt of the Comprehensive Annual Financial Report for 2004 and the Management Letter dated April 1, 2005. All voted in favor. Motion carried. 2 - 1506- Mound City Council Minutes - May 24, 2005 7. Action on Plannin.q Commission Case #05-11 - John Schulz Dock Parcel Subdivision Sarah Smith reviewed the request of approval of a dock parcel subdivision associated with the property located at 3192 Westedge Boulevard to create (1) dock parcel to be combined with the property located at 3166-3177 Westedge Road which currently includes a duplex. She explained that the County has no objections and that placement of docks is subject to LMCD jurisdiction. She referenced that the lot that is getting a dock parcel is a duplex and a duplex is allowed one BSU only, not one per side. In the event that the duplex changes hands or converts to single-family use the number of watercraft could change to four, but the number for a duplex is one. MOTION by Beise, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried RESOLUTION NO. 05-77: RESOLUTION TO APPROVE SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTIES LOCATED AT 3192 AND 3166-3170 WESTEDGE BOULEVARD. PID #22-117-24-33-0002 AND 23-117-24-34-0059. 8, Action Requesting Plannin.q Commission Review Sarah Smith advised the Council that the City received applications for floodplain alteration for the properties located at 5331 and 5341 Three Points Boulevard which are commonly known as the former Becker or Stoddard lots. Based on discussion with the Planning Commission Chair Geoff Michael, it is suggested that the proposed applications be referred to the Planning Commission for review at an upcoming meeting. MOTION by Specht, seconded by Brown to refer cases #05-24 and 05-25 to the Planning Commission for their review and recommendation. All voted in favor. Motion carried. 9. Consideration Amendment to American Legion Liquor License. John Dean reviewed the proposed resolution and Jim Roberge, representing the American Legion, stated that he would comply with conditions of the resolution as stated with the railing height being 5' high and it would be equipped with a door/gate device that prohibits entrance directly from the parking lot, but provides an emergency exit from the deck (such device to be approved by the Fire Inspector). Osmek expressed concern over the Legion's plan to building on a smoking room to be used for that purpose. Roberge stated that he just got off the phone with Len who is in charge of inspecting for compliance with the Hennepin County Smoke-Free Ordinance and it is legal to smoke in a room that has the door shut and that has its only heating and cooling system, which he will install. Dean stated that any approval that the City 3 - 1507- Mound City Council Minutes - May 24, 2005 Gives regarding the liquor license is not indication that the Legion is OK as far as compliance with the Hennepin County Smoke-Free Ordinance. Roberge understands that. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-78: RESOLUTION TO AMEND AMERICAN LEGION POST 398 CLUB LIQUOR LICENSE 10. Miscellaneous/Correspondence A. Comments and questions by City Council Members B. Correspondence: Westonka Healthy Community Collaborative Mn Public Transit Association C. Reports: Wine in Grocery Store Legislation 11. Adjourn MOTION by Specht, seconded by Brown to adjourn at 8:20 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 4 - 1508- MOUND CITY COUNCIL MINUTES MAY 31, 2005 The City Council of the City of Mound, Hennepin County, Minnesota met in special session on Tuesday, May 31,2005, at 6:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Manager Kandis Hanson, City Planner Loren Gordon, Public Woks Director Carlton Moore, City Attorney John Dean, Chuck Alcon, Paul Robinson, Russ Falness, Jerry Paquin, Carolyn Krall, David Neuman, Tom Stokes, plus two unidentified residents. 1. Open Meeting Mayor Meisel called the meeting to order at 6:30 p.m. 2. Pledge of Allegiance 3. Action on Planning Commission Case #05-38 - Subdivision Exemption Mayor Meisel stepped down due to possible perceived conflict of interest and Acting Mayor Osmek presided. Loren Gordon presented the request, stating that the City is proposing to transfer a portion of the unidentified property to Mound Harbor Renaissance to satisfy conditions of the development agreement for the Lost Lake District. The property to be conveyed to MHRD is generally the upland features of the property that are north of the Lost Lake Greenway Trail. The City would retain the remnant upland area which essentially includes the Lost Lake Greenway as well as the canal and wetland areas. This subdivision exemption is needed in order to split the parcel into two recordable descriptions for purposes of facilitating the Preliminary Plat request and other development plan applications submitted by MHRD for development of the Lost Lake Area. MOTION by BrOwn, seconded by Beise to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-79: RESOLUTION TO APPROVE SUBDIVISION EXEMPTION APPLICATION FOR THE CITY OF MOUND FOR THE SUBDIVISION OF THE FORMER CITY DUMP SITE IDENTIFIED AS PID #13-117-24-33-0069. 1 - 1509- Mound City Council Minutes - May 31, 2005 4. Public Hearinq - Applicant: Mound Harbor Renaissance Development, LLC Tom Stokes of Mound Harbor Renaissance Development, LLC, presented an overview of the proposed redevelopment with the main focus being on the Lost Lake District. A. Lost Lake Planned Development Area - Conditional Use Permit Acting Mayor Osmek opened the public hearing at 6:54 p.m. and asked for public comment. Upon hearing none the hearing was closed. MOTION by Brown, seconded by Specht approve the conditional use permit as noted in the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. MOTION by Beise, seconded by Brown to approve the variances as noted in the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-80: RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCES FOR THE MOUND HARBOR RENAISSANCE LOST LAKE DISTRICT. CASE #05-34 AND 05-35. B. Preliminary Plat/Development Plans Acting Mayor Osmek asked for public comment and heard none. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-81: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE PROPERTY LOCATED AT 5377 SHORELINE DRIVE. PID#13-117-24-34-0063, 13-117-24-34-0069, AND 13-117-24-34-0075. C. Rezonin.q Acting Mayor Osmek asked for public comment and heard none. MOTION by Specht, seconded by Brown to pass the following ordinance. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. ORDINANCE NO. 07-2005: ORDINANCE AMENDING SECTION 350 OF THE CITY CODE AS IT RELATES TO THE ZONING ORDINANCE. D. Variances (see 4A above) 2 -1510- Mound City Council Minutes - May 31,2005 5. Action on Subdivision A.qreement between the City of Mound and Mound Harbor Renaissance John Dean explained that typically two documents get recorded, being the plat and the subdivision agreement. A preliminary subdivision agreement has been prepared but the final subdivision agreement will not be presented until the Final Plat is presented for approval. No action is needed at this time. Tom Stokes acknowledged and thanked Loren Gordon for all of his work in connection with the Mound Harbor Renaissance Development. He has taken a position with the City of Wayzata. Mayor Meisel returned to preside over the meeting. 6. Adiourn MOTION by Brown, seconded by Specht to adjourn at 7:10 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 3 -1511- JUNE 14, 2005 CITY COUNCIL MEETING 052505SUE $94,864.96 MAY 060705S U E$24,410.35 JUNE 060805SUE $3,849.97 JUNE 061005SUE $3,638.58 JUNE 061405SUE $722,210.32JUNE TOTAL $754,109.22 -1512- CITY OF MOUND 10100 Wells Fargo City of Mound *Check Detail Register(D May 2005 Check Amt Invoice Comment 05/25/05 3:09 PM Page I Paid Chk# 018488 5/25/2005 EDEN PRAIRIE, CITY OF E 222-42260-433 Dues and Subscriptions Total EDEN PRAIRIE, CITY OF $2,000.00 1230-B $2,000.00 BALANCE DUE 2004 DUES Paid Chk# 018489 5/25/2005 KIRTZ, RYAN E 101-41310-400 Repairs & Maint Contract $600.00 052505 Total KIRTZ, RYAN $600.00 SCANNING Paid Chk# 018490 5/25~2005 MAGNEY CONSTRUCTION, INCORPORA E 601-49400-300 Professional Srvs $74,493.87 052505 Total MAGNEY CONSTRUCTION, INCORPORA $74,493.87 WELL #8 PUMPHOUSE Paid Chk# 018491 5/25~2005 PAUL A WALRDON, ASSOC (FIRE) E 101-42400-308 Building inspection Fees $14,229.19 G 101-23047 1645 Eagle Lane #05-18/19 Hatc E 101-42400-308 Building Inspection Fees E 101-42400-308 Building Inspection Fees G 101-23051 G 101-23048 G 101-23050 G 101-23049 G 101-23046 G 101-23111 E E 052505 $40.00 052505 $40.00 052505 $40.00 052505 448 Denbigh #05-27 Johnson $40.00 052505 4957 Islandview Drive #05-22 $40.00 052505 5331 Three Points BIvd-~05-24 $40.00 052505 5341 Three Points Blvd-~05-25 $40.00 052505 6185 Sinclair Variance mtka ho $40.00 052505 Balboa Mini-Storage $40.00 052505 101-42400-308 Building Inspection Fees $1,380.00 052505 101-42400-308 Building Inspection Fees $60.00 052505 Total PAUL A WALRDON, ASSOC (FIRE) $16,029.19 04-16-05 THRU 05-13-05 INSPECT 2128 CENTERVIEW LANE 2200-2238 COMMERCE BLVD 3207 DEVON LANE NUISANCE 4458 DENBIGH ROAD #05-27 4957 ISLANDVIEW DRIVE #05-22 5331 THREE POINTS #05-24 5341 THREE POINTS #05-25 6185 SINCLAIR ROAD MOUND MINI STORAGE 04-20-05 THRU 05-13-05 INSPECT 2997 HIGHLAND BLVD MOLD ISSUE Paid Chk# 018492 5/25/2005 SCOTT COUNTY COURTHOUSE G 101-22801 Deposits/Escrow $315.00 Total SCOTT COUNTY COURTHOUSE $315.00 052505 HUSTON, DAVID #7468 #05-1233 Paid Chk# 018493 G 101-22801 Total 5/25/2005 ST. CLOUD SHERRIF DEPARTMENT Deposits/Escrow $200.00 ST. CLOUD SHERRIF DEPARTMENT $200.00 052505 BICKLEY, ZACHARY #7467 #05-123 Paid Chk# 018494 5/25/2005 SWANSON, AMY G 101-21716 Flex Plan Dependents $575.00 Total SWANSON, AMY $575.00 052505 2005 DEPENDENT CARE Paid Chk# 018495 5/25/2005 VERIZON WIRELESS (P/W) E 101-43100-321 Telephone & Cells G 101-22816 Personal Cell Phone E 601-49400-321 Telephone & Cells E 602-49450-321 Telephone & Cells Total VERIZON WIRELESS (P/W) $187.01 052505 $229.89 052505 $105.00 052505 $105.00 052505 $626.90 05-10-05 CELLS PHONES 05-10-05 CELLS PHONES 05-10-05 CELLS PHONES 05-10-05 CELLS PHONES Paid Chk# 018496 5/25/2005 VFW CLUB #5113 E609-49750-340 Advertising $25.00 052505 ADVERTISING/DONATION -1513- CITY OF MOUND Total Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound *Check Detail Register(D VFW CLUB #5113 10100 Wells Fargo May 2005 Check Amt Invoice $25.00 $94,864.96 10100 Wells FaRo $18,136.09 $2,000.00 $74,598.87 $105.00 $25.00 $94,864.96 Comment 05/25/05 3:09 PM Page 2 -1514- CITY OF MOUND City of Mound 06/07/05 6:15 AM Page Payments Batch Name 060705SUE Payments Refer 60705 BECK, KENNETH Current Period: June 2005 User Dollar Amt $24,410.35 Computer Dollar Amt $24,410.35 $0.00 In Balance Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $616.80 Invoice 060705 6/7/2005 · Transaction Date 6/6/2005 Wells Fargo 10100 Total $616.80 Refer 60705 HEI'I-Z, FRANK _ Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $543.55 Invoice 060705 6/7/2005 Refer 60705 STAR-WEST CHEVROLET/OLDS Cash Payment E 101-42110-500 Capital Outlay FA 2005 COLORADO CREW CAB $5,812.50 Invoice 060705 6/7/2005 PO 19062 Cash Payment E 101-43100-500 Capital Outlay FA 2005 COLORADO CREW CAB $5,812.50 Invoice 060705 6/7/2005 PO 19062 Cash Payment E 601-49400-500 Capital Outlay FA 2005 COLORADO CREW CAB $5,812.50 Invoice 060705 6/7/2005 PO 19062 Cash Payment E 602-49450-500 Capital Outlay FA 2005 COLORADO CREW CAB $5,812.50 ir 060705 6/7/2005 PO 19062 ~action Date 6/7/2005 Wells Fargo 10100 Total $23,250.00 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $12,785.35 601 WATER FUND $5,812.50 602 SEWER FUND $5,812.50 $24,410.35 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $24,410.35 $24,410.35 -1515- City of Mound 05/31/05 2:33 PM Page 1 Payments CITY OF MOUND Current Period: June 2005 Batch Name 060805SUE User Dollar Amt $3,849.97 Payments Computer Dollar Amt $3,849.97 $0.00 In Balance Refer 60805 ACCURINT Cash Payment E 101-42110-440 Other Contractual Servic 03-05 INVESTIGATIVE PROGRAM $30.00 Invoice 1224674-200503 6/8/2005 PO 18740 Cash Payment E 101-42110-440 Other Contractual Servic 04-05 INVESTIGATIVE PROGRAM $30.00 Invoice 1224674-200503 6/8/2005 PO 18740 Cash Payment E 101-42110-440 Other Contractual Servic 05-01-05 THRU 12-31-05 INVESTIGATIVE $240.00 PROGRAM Invoice 1224674-200503 6/8/2005 PO 18740 Transaction Date 5/27/2005 Wells Fargo 10100 Total $300.00 Refer 60805 CASH, PETTY CASH Cash Payment E 101-42110-210 Operating Supplies REPLENISH PETTY CASH, MISCELLANEOUS $298.16 ITEMS Invoice 060805 6/8/2005 PO 19037 Transaction Date 5/31/2005 Wells Fargo 10100 Total $298 16 Cash Payment E 222-42260-434 Conference & Training REPLACE #18394 04-08-05 LEADERSHIP $97.33 TRAINING Invoice 060805 6/8/2005 Transaction Date 5/27/2005 Wells Fargo 10100 Total $97 33 Cash Payment E 101-42400-321 Telephone & Cells 05-19-05 SERVICE CALL $70.00 Invoice 060805 6/8/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Total $70.00 Cash Payment E 601-49400-434 Conference & Training Invoice 060805 6/8/2005 PO 18995 Transaction Date 5/31/2005 Refer 60805 SPEEDWAY SUPERAMERICA (FIR Cash Payment E 222-42260-212 Motor Fuels Invoice 060805 6/8/2005 CERTIFICATION FEE, TACHENY,STEVE $23.00 Wells Fargo 10100 Total $23.00 THRU 05-26-05 GASOLINE CHARGES $234.43 Transaction Date 5/26/2005 Wells Fargo 10100 Total $234.43 Refer 60805 SPEEDWAY SUPERAMERICA (PAR Cash Payment E 101-45200-212 Motor Fuels THRU 05-26-05 GASOLINE CHARGES $526.20 Invoice 060805 6/8/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Tota $526.20 Cash Payment E 101-42110-212 Motor Fuels THRU 05-26-05 GASOLINE CHARGES $2,187.16 Invoice 060805 6/8/2005 Transaction Date 5/31/2005 Wells Fargo 10100 Total $2 187.16 Cash Payment E 101-43100-321 Telephone & Cells 05-17-05 SHARE CELL PHONES $37.89 Invoice 060805 6/8/2005 -1516- CITY OF MOUND Cash Payment E 601-49400-321 Telephone & Cells Invoice 060805 6/8/2005 Cash Payment E 602-49450-321 Telephone & Cells invoice 060805 6/8/2005 Transaction Date 5/31/2005 City of Mound 05/34/05 2:33 PM Page 2 Payments 05-17-05 SHARE CELL PHONES $37.91 05-17-05 SHARE CELL PHONES $37,89 Wells Fargo 10100 Total $113.69 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $3,419.41 222 AREA FIRE SERVICES $331.76 601 WATER FUND $60.91 602 SEWER FUND $37.89 $3,849.97 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $3,849.97 $3,849.97 -1517- CiTY OF MOUND City of Mound 06/06/05 8:14 AM Page 1 Payments Current Period: June 2005 Batch Name 060105SUE User Dollar Amt $3,638.58 Payments Computer Dollar Amt $3,638.58 $0.00 In Balance 04-19-05 THRU 05-19-05 04-19-05 THRU 05-19-O5 Refer 60105 CENTERPOINT ENERGY (MINNEG Cash Payment E 222-42260-381 Electric Utilities $642.48 Invoice 060105 6/1/2005 Cash Payment E 101-42110-381 Electric Utilities $428.32 Invoice 060105 6/1/2005 Transaction Date 6/1/2005 Wells Fargo 10100 Total $1,070.80 Refer 60105 FACKLER, JAMES Cash Payment G 101-21715 Flex Plan Medical 2005 MEDICAL REIMBUSREMENT $159.62 Invoice 060105 6/1/2005 Transaction Date 6/1/2005 Wells Fargo 10100 Total $159.62 Cash Payment E 222-42260-321 Telephone & Cells 04-19-05 THRU 05-18-05 PHONES $67.53 Invoice 060105 6/1/2005 Transaction Date 6/2/2005 Cash Payment E 101-43100-212 Motor Fuels THRU 05-26-05 GASOLINE CHARGES $1,216.18 Invoice 060105 6/1/2005 Cash Payment E 601-49400-212 Motor Fuels THRU 05-26-05 GASOLINE CHARGES $647.64 Invoice 060105 6/1/2005 Cash Payment E 602-49450-212 Motor Fuels THRU 05-26-05 GASOLINE CHARGES $476.81 Invoice 060105 6/1/2005 Transaction Date 6/2/2005 Wells Fargo 10100 Total $2,340.63 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $1,804.12 222 AREA FIRE SERVICES $710.01 601 WATER FUND $647.64 602 SEWER FUND $476.81 $3,638.58 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $3,638.58 $3,638.58 -1518- CITY OF MOUND Batch Name 061405SUE Payments Refer 61405 Cash Payment invoice 061405 City of Mound Payments 06/09/05 9:47 AM Page 1 Current Period: June 2005 User Dollar Amt $722,210.32 Computer Dollar Amt $722,210.32 $0.00 In Balance A-I RENTAL OF LAKE MINNETONK E 222-42260-418 Other Rentals PRESSURE WASHER $31.44 6/14/2005 .44 Refer 61505 ADP SCREENING AND SECTION S Cash Payment invoice 827074 Cash Payment invoice 827074 Cash Payment Invoice 827074 Cash Payment Invoice 827074 Cash Payment Invoice 827074 E 101-43100-305 Medical Services 04-13-05 DRUG SCREENING, SKINNER $6.00 6/14/2005 E 601-49400-305 Medical Services 04-13-05 DRUG SCREENING, SKINNER $6.00 6/14/2005 E 602-49450-305 Medical Services 04-13-05 DRUG SCREENING, SKINNER $6.00 6/14/2005 E 101-43100-305 Medical Services 04-12-05 DRUG SCREEN lNG, JOHNSON $18.00 6/14/2005 E 602-49450-305 Medical Services 04-12-05 DRUG SCREENING, TODD $18.00 6/14/2005 Transaction Date 6/6/2005 Wells Fargo 10100 Total $54.00 Refer 61405 ALEX AIR APPARATUS, INCORPO Cash Payment E 222-42260-430 Miscellaneous COMPRESSOR MAINTENANCE $682.67 invoice 9244 6/14/2005 Transaction Date 6/2/2005 Wells Fargo 10100 Total $682.67 Refer 61405 AMUNDSON, M. LLP Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $621.94 Invoice 180336 6/14/2005 Transaction Date 5~26~2005 Wells Fargo 10100 Total $621.94 Refer 61405 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $46.99 invoice 394514107 6/14/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $77.31 Invoice 438514312 6/14/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $66.03 Invoice 438514709 6/14/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $69.22 Invoice 438515508 6/14/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $137.44 Invoice 438515410 6/14/2005 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $57.85 Invoice 438515711 6/14/2005 Transaction Date 5/23/2005 Wells Fargo 10100 Total $454.84 Refer 61405 BARR ENGINEERING COMPANY _ Cash Payment G 101-22908 Mound Harbor Renaissance 03-26-05 THRU 04-22-05 MOUND HARBOR $5,496.00 RENAISSANCE t lnvoice 061404 6/14/2005 -1519- CiTY OF MOUND City of Mound Payments Current Period: June 2005 Cash Payment G 101-22908 Mound Harbor Renaissance 03-26-05 06/09/05 9:47 AM Page 2 $8,011.69 THRU 04-22-05 MOUND HARBOR RENAISSANCE Invoice 061405 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $13,507~69 Refer 61405 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,003.30 Invoice 33377300 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,766.15 Invoice 33448300 6/14/2005 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $318.18 Invoice 40010000 6/14/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $79.75 Invoice 40028600 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $682.70 Invoice 33479000 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,949.41 Invoice 33508000 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $9 799.49 R;fe; 61405 BEsT Buy cOMPAN~ Cash Payment E 101-45200-200 Office Supplies PRINTER $144.82 Invoice 061405 6/14/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Total $144 82 Cash Payment E 496-46580-500 Capital Outlay FA 05-03-05 SERVICE CALL $1,598.59 Invoice S24453C 6/14/2005 Transaction Date 6/1/2005 Wells Fargo 10100 Total $1,598.59 Refer 61405 BRW ENTERPRISES Cash Payment E 609-49750-252 Beer For Resale BEER $30.00 Invoice 10920 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 Tota $30 00 Cash Payment E 401-43103-500 Capital Outlay FA THRU 05-31 2005 STREET PROJECT $196,017.68 Invoice #1-B 6/14/2005 Project PW0501 Transaction Date 6/2/2005 Cash Payment E 101-43100-230 Shop Materials FUSE CASE $3.02 Invoice N55110 6/14/2005 Cash Payment E 601-49400-230 Shop Materials FUSE CASE $3.02 Invoice N55110 6/14/2005 Cash Payment E 602-49450-230 Shop Materials FUSE CASE $3.03 Invoice N55110 6/14/2005 Cash Payment E 101-43100-230 Shop Materials FUSE CASE $12.08 Invoice N55158 6/1412005 - 1520- CiTY OF MOUND Cash Payment Invoice N55158 Cash Payment Invoice M55158 City of Mound 06~09~05 9:47 AM Page 3 Payments Current Period: June 2005 E 601-49400-230 Shop Materials FUSE CASE $12.08 6/14/2005 E 602-49450-230 Shop Materials FUSE CASE $12.09 6/14/2005 Transact on Date 6~6~2005 Wells Fargo 10100 Total $45.32 Refer 61405 CAT AND FIDDLE BEVERAGE Cash Payment E 609-49750-253 Wine For Resale WINE $194.00 Invoice 40958 6/14/2005 Transaction Date 5~26~2005 Wells Fargo 10100 Total $194.00 Refer 61405 CHADWICK AND MERTZ Cash Payment E 101-41600-304 Legal Fees 05-05 PROSECUTION SERVICES $6,134.75 Invoice 061405 6/14/2005 Transact on Date 6/6/2005 Wells Fargo 10100 Total $6,134.75 Refer 61405 CLAREY'S SAFETY EQUIPMENT, I Cash Payment E 222-42260-210 Operating Supplies ANSUL TRAINING FOAM $252.00 invoice 51694 6/14/2005 PO 18960 Transaction Date 6/2/2005 Wells Fargo 10100 Total $252.00 Refer 61407 COCA COLA BOTTLING-MIDWEST _ Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $332.10 ,ice 83440110 6/14/2005 Payment E 609-49750-254 Soft Drinks/Mix For Resa CREDIT-MIX -$9.20 invoice 834401136 6/14/2005 Transaction Date 5/31/2005 Wells Fargo 10100 Total $322.90 Refer 61405 COPY IMAGES, INCORPORATED Cash Payment E 101-41910-400 Repairs & Maint Contract 05-05 COPIER MAINTENANCE $340.80 Invoice 61125 6/14/2005 Transaction Date 6~7~2005 Wells Fargo 10100 Total $340.80 Refer 61405 COVERALL CLEANING CONCEPTS Cash Payment E 101-41910-460 Janitorial Serv,ces 06-05 CLEANING SERVICE $940.33 Invoice 96806 6/14/2005 Cash Payment E 101-43100-460 Janitorial Servmes 06-05 CLEANING SERVICE -$29.13 invoice 96806 6/14/2005 Cash Payment E 601-49400.460 Janitorial Services 06-05 CLEANING SERVICE -$29.13 Invoice 96806 6/14/2005 Cash Payment E 602-49450-460 Janitorial Services 06-05 CLEANING SERVICE -$29,13 Invoice 96806 6/14/2005 Cash Payment E 222.42260-460 Janitorial Services 06-05 CLEANING SERVICE $621.07 Invoice 96806 6/14/2005 Cash Payment E 101-42110-460 Janitorial Services 06-05 CLEANING SERVICE $414.04 Invoice 96806 6/14/2005 Cash Payment E 609-49750-460 Janitorial Services 06-05 CLEANING SERVICE -$26.71 Invoice 96806 6/14/2005 Transaction Date 6/2/2005 Wells Fargo 10100 Total $1,861.34 Refer 61405 D.H. EXCAVATING Cash Payment E 101.41910-401 Repairs/Maint Buildings ClTYHALL LANDSCAPING $300.00 Invoice 061405 6/14/2005 -1521 - CITY OF MOUND City of Mound Payments Current Period: June 2005 Transaction Date 5/26/2005 Refer 61405 DAVIES WATER EQUIPMENT Wells Fargo 10100 Total 06/09/05 9:47 AM Page 4 $300.00 Cash Payment E 401-43103-500 Capital Outlay FA Invoice 3287746 6/14/2005 Cash Payment E 602-49450-220 Repair/Maint Supply Invoice 3287760 6/14/2005 Cash Payment E 601-49400-221 Equipment Parts Invoice 3287745 6/14/2005 2005 STREET RECONSTRUCTION Project PW0501 CURB BOX, STAT ROD METER,ETC $630.18 $89.72 $1,034.86 Transaction Date 5/26/2005 Wells Fargo 10100 Total $1,754.76 Refer 61405 DAY DISTRIBUTING COMPANY Cash Payment E 609-49750-252 Beer For Resale Invoice 314737 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale Invoice 315734 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale Invoice 312868-B 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale Invoice 316784 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale Invoice 316785 6/14/2005 Transaction Date 5/26/2005 BEER $2,477.85 BEER $1,202.40 CREDIT-BEER -$0.80 BEER $1,264.65 BEER $79.85 Wells Fargo 10100 Total $5,023.95 Refer 61405 E-Z RECYCLING Cash Payment E 670-49500-440 Other Contractual Servic 06-05 CURBSIDE RECYCLING Invoice 8083 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 $8,326.48 Total $8,326.48 Refer 61405 EAST SIDE BEVERAGE Cash Payment E 609-49750-252 Beer For Resale BEER $4,993.20 Invoice 227682 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $55.00 Invoice 227683 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $84.00 Invoice 48636 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $22.00 Invoice 227784 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $4,383.10 Invoice 227783 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $607.00 Invoice 488823 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $1,307.20 Invoice 227879 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $11,451.50 Refer 61405 EHLERS AND ASSOCIA TES, INC, ..................... Cash Payment G 101-22908 Mound Harbor Renaissance 04-05 MOUND HARBOR RENAISSANCE $1,312.50 Invoice 23890 6/14/2005 Cash Payment E 401-45200-300 Professional Srvs 04-05 MARINA PROJECT $300.00 Invoice 23892 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $1,612.50 - 1522- CITY OF MOUND Refer 61405 EHRET, TODD City of Mound 06/09/05 9:47 AM Page 5 Payments Current Period: June 2005 Cash Payment R 281-45210-34725 Dock Permits Invoice 061405 6/14/2005 Cash Payment R 281-45210-34705 LMCD Fees Invoice 061405 6/14/2005 Transaction Date 5/26/2005 REFUND DOCK FEE $275.00 REFUND LMCD FEE $11.25 Wells Fargo 10100 Total $286.25 Refer 61405 EIKANAS, RON/JAN _ Cash Payment G 101-23034 6338 Rambler Lane #05-04 REFUND ESCROW $375.00 Invoice 061405 6/14/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Total $375.00 Refer 61405 EMBEDDED SYSTEMS, INC, Cash Payment E 101-42115-329 Sirens/Phone Linesl 07-01-05 THRU 12-31-05 SIREN $594.00 MAINTENANCE Invoice 31127 6/14/2005 Transaction Date 6/2/2005 Wells Fargo 10100 Total $594.00 Refer 61405 EVERGREEN LAND SERVICES _ Cash Payment G 601-16300 Improvements Other Than BI 2355 CHATEAU LANE WATERTOWER $35.00 Invoice 00-7091 6/14/2005 Project PW0506 Transaction Date 5/24/2005 Wells Fargo 10100 Total $35.00 Refer 61405 FAIOLA AND ASSOCIATES Payment E 101-49999-430 Miscellaneous 05-27-05 DEVELOPMENT FEE $2,000,00 invoice 304 6/14/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Total $2,000.00 Refer 61405 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-43100-321 Telephone & Cells 06-05 952-472-0635 $548.32 Invoice 061405 6/14/2005 Cash Payment E 601-49400-321 Telephone & Cells 06-05 952-472-0635 $548.32 Invoice 061405 6/14/2005 Cash Payment E 602-49450-321 Telephone & Cells 06-05 952-472-0635 $548.32 invoice 061405 6/14/2005 Cash Payment E 101-45200-321 Telephone & Cells 06-05 952-472-0646 $19.41 Invoice 061405 6/14/2005 Cash Payment E 609-49750-321 Telephone & Cells 06-05 952-472-0648 $631.76 Invoice 061405 6/14/2005 Cash Payment E 101-41910-321 Telephone & Cells 06-05 952-472-0600 $1,066.51 invoice 061405 6/14/2005 Cash Payment E 101-42110-321 Telephone & Cells 06-05 952-472-0622 $444.38 Invoice 061405 6/14/2005 Cash Payment E 222-42260-321 Telephone & Cells 06-05 952-472-3555 $266.63 Invoice 061405 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 Total $4,073.65 Refer 61405 G & K SERVICES Cash Payment E 101-43100-218 Clothing and Uniforms 05-17-05 UNIFORMS $51.95 invoice 6459205 6/14/2005 Cash Payment E 601-49400-218 Clothing and Uniforms 05-17-05 UNIFORMS $20.18 ,ice 6459205 6/14/2005 - 1523- CITY OF MOUND Cash Payment Invoice 6459205 Cash Payment Invoice 6459205 Cash Payment Invoice 6459205 Cash Payment Invoice 6459205 Cash Payment Invoice 6459205 Cash Payment Invoice 6465538 Cash Payment Invoice 6465539 Cash Payment Invoice 6465532 Cash Payment Invoice 6465537 Cash Payment Invoice 6465536 Cash Payment Invoice 6478190 Cash Payment Invoice 6478191 Cash Payment Invoice 6478187 Transaction Date City of Mound 06/09/05 9:47 AM Page 6 Payments Current Period: June 2005 E 602-49450-218 Clothing and Uniforms 6/14/2005 E 101-45200-218 Clothing and Uniforms 6/14/2005 E 101-43100-230 Shop Materials 6/14/2005 E 601-49400-230 Shop Materials 6/14/2005 E 602-49450-230 Shop Materials 6/14/2005 E 101-45200-223 Building Repair Supplies 05-24-05 MATS 6/14/2005 E 101-41910-460 Janitorial Services 05-24-05 MATS 6/14/2005 E 609-49750-460 Janitorial Services 05-24-05 MATS 6/14/2005 E 101-42110-460 Janitorial Services 05-24-05 MATS 6/14/2005 E 222-42260-216 Cleaning Supplies 05-24-05 MATS 6/14/2005 E 101-45200-223 Building Repair Supplies 06-07-05 MATS 6/14/2005 E 101-41910-460 Janitorial Services 06-07-05 MATS 6/14/2005 E 609-49750-460 Janitorial Services 06-07-05 MATS 6/14/2005 6/7/2005 Wells Fargo 05-17-05 UNIFORMS 05-17-05 UNIFORMS 05-17-05 MATS 05-17-05 MATS 05-17-05 MATS $28.05 $9.20 $40.42 $0.00 $40.42 $21.31 $101.89 $26.96 $37.09 $82.67 $49.41 $92.87 $43.65 10100 Total $646.07 Refer 61405 GALLS, INCORPORATED Cash Payment G 101-22803 Police Reserves Invoice 5769799900027 6/14/2005 PO 19025 Transaction Date 6/2/2005 Refer 61405 GLENWOOD INGLEWOOD Cash Payment Invoice 061405 Cash Payment Invoice 061405 Transaction Date RAIN JACKETS $21.53 Wells Fargo 10100 Total $21.53 E 101-41310-210 Operating Supplies 6/14/2005 E 101-41910-210 Operating Supplies 6/14/2005 6/7/2005 05-05 WATER SERVICE 05-05 WATER SERVICE Wells Fargo 10100 $6.71 $13.48 Total $20.19 Refer 61405 GLYNN, PAUL Cash Payment Invoice 061405 Transaction Date R 281-45210-34705 LMCD Fees 6/14/2005 6/6/2005 REFUND LCMD FEE Wells Fargo 10100 $7.50 Total $7.50 Refer 61405 GRAND PERE WINES, INCORPOR Cash Payment Invoice 13225 Transaction Date E 609-49750-253 Wine For Resale 6/14/2005 5/31/2005 WINE Wells Fargo $976.00 10100 Total $976.00 Refer 61405 GRIGGS COOPER AND COMPANY Cash Payment E 609-49750-251 Liquor For Resale Invoice 234898 6/14/2005 LIQUOR $0.00 - 1524- CiTY OF MOUND City of Mound 06/09/05 9:47 AM Page 7 Payments Current Period: June 2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,066.17 Invoice 235280 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $756.79 Invoice 235281 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,113.79 Invoice 238471 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,392.05 Invoice 238470 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT--LIQUOR -$104.25 Invoice 667145 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $184.33 Invoice 242482 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $998.51 Invoice 241565 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $2,181.42 Invoice 241266 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$186.90 Invoice 667586 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$59.62 Invoice 668002 6/14/2005 Transaction Date 5~24~2005 Wells Fargo 10100 Total $8,342.09 Refer 61405 HANUS, MARK Cash Payment G 101-23037 4446 Denbigh #05-07 Hanus REFUND ESCROW $470.00 Invoice 061405 6/14/2005 Transaction Date 5~24~2005 Wells Fargo 10100 Total $470.00 Refer 61406 HARDINA, DAMON Cash Payment E 602-49450-218 Clothing and Uniforms 2005 BOOT ALLOWANCE $149.99 Invoice 061405 6/14/2005 Transaction Date 5~26~2005 Wells Fargo 10100 Total $149.99 Refer 61405 HENNEPIN COUNTY TREASUR (R Cash Payment E 101-41600-450 Board of Prisoners 04-05 ROOM AND BOARD $1,972.50 Invoice 000984 6/14/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Total $1,972.50 Refer 61405 HENNEPIN COUNTY TREASURER Cash Payment G 101-22908 Mound Harbor Renaissance MAILING LABELS $242.50 Invoice 2005-66 6/14/2005 Transaction Date 6~8~2005 Wells Fargo 10100 Total $242.50 Refer 61405 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER $24.45 Invoice 14947 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $174.55 Invoice 359643 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $247.10 invoice 360723 6/14/2005 Transaction Date 5/23/2005 Wells Fargo 10100 Total $446.10 Refer 1405 HOME DEPOT/GECF (PA/V) - 1525 - CITY OF MOUND City of Mound 06/09/05 9:47 AM Page 8 Payments Current Period: June 2005 Cash Payment E 670-49500-460 Janitorial Services RAINSUITS $25.92 Invoice 013361/3113852 6/14/2005 PO 18990 Transaction Date 5/24/2005 Wells Fargo 10100 Total $25.92 ~efer 6i40~ ~i~5~ 5FFI~ ~c~i~ ' Cash Payment E 101-42110-202 Duplicating and copying 06-04 COPIER MAINTENANCE $166.96 Invoice 23732676 6/14/2005 Transaction Date 6~2~2005 Wells Fargo 10100 Total $166 98 Cash Payment E 602-49450-500 Capital Outlay FA #105 CAMERA TRUCK MAIN REEL $8,853,96 Invoice 0501653 6/14/2005 Cash Payment E 602-49450-221 Equipment Parts REPROGRAMMED MODUAL $108.54 Invoice 0501752 6/14/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Total $8,962.50 Refer 61405 IsLAN~ ~K ~'E;~ Cash Payment E 101-42110-404 Repairs/Maint Machinery #840 BATTER $145.03 invoice 18562 6/14/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #845 MOUNT/BALANCE TIRES $80,14 Invoice 18568 6/14/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #843 REAR PREMIUM ROTOR,ETC $1,237.38 Invoice 18578 6/14/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #847 OIL CHANGE $27.45 Invoice 18654 6/14/2005 Cash Payment E 101-42110-404 Repairs/Maint Machinery #841 OIL CHANGE $25.86 Invoice 18707 6/14/2005 Transaction Date 6/2/2005 Wells Fargo 10100 Total $1 515.86 Cash Payment E 101-41110-350 Printing SUMMER 2005 NEWSLETTERS $1,436.69 Invoice 51224 6/14/2005 Transaction Date 6/2/2005 Wells Fargo 10100 Cash Payment invoice 3297 Transaction Date E 101-45200-409 Other Equipment Rep-air 6/14/2005 6/6/2005 REPAIRS JET BOAT $396.58 Cash Payment G 101-22808 Adopt A Green Space FLOWERS GREENSPACE $58.50 Invoice 483242 6/14/2005 Transaction Date 6/6/2005 Wells Fargo 10100 Total $58.50 Refer 61405 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$3.99 Invoice 281317 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$2.33 Invoice 281316 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$21.34 Invoice 281315 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$154.26 Invoice 281314 6/14/2005 - 1526- CITY OF MOUND City of Mound 06/09/05 9:47 AM Page 9 Payments Current Period: June 2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$45.50 Invoice 281313 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$24.80 Invoice 281312 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $1,364.80 Invoice 1900971 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $599.07 Invoice 1900970 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,656.50 Invoice 1900969 6/14/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $429.50 Invoice 1904404 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $5,649.05 Invoice 1904403 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $2,741.20 Invoice 1904402 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $744.71 Invoice 1904401 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,551.96 Invoice 1904400 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $500.10 Invoice 1908440 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $847.70 invoice 1908439 6/14/2005 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $194.42 Invoice 1908438 6114/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $190.40 Invoice 1908437 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $500.15 Invoice 1908436 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$10.30 Invoice 282836 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$13.33 Invoice 282837 611412005 Transaction Date 5/23/2005 WelLs Fargo 10100 Total $18,693.71 Refer 61405 JUBILEE FOODS Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Transaction Date E 101-41110-430 Miscellaneous 6/14/2005 E 609-49750-430 Miscellaneous 6/14/2005 E 222-42260-430 Miscellaneous 6/14/2005 5/24/2005 05-23-05 EMPLOYEE MEETING 05-27-05 LEMONS/LIMES HOUSE FIRE Wells Fargo 10100 Total $50.85 $68.76 $94.12 $213.73 Refer 61405 KENNEDYAND GRAVEN Cash Payment G 601-16300 Improvements Other Than BI 04-05 2355 CHATEAU LANE WATERTOWER invoice 66018 6/14/2006 Project PW0506 t Cash Payment E 101-41600-300 Professional Srvs 04-05 DREAMWOOD LAWSUIT Invoice 061405 6/14/2005 $505.50 $240.00 - 1527- CITY OF MOUND Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Transaction Date City of Mound Payments 06/09/05 9:47 AM Page 10 Current Period: June 2005 G 101-23015 Halstead Pointe #04-35 Prepl 04-05 HALSTEAD POINTE LLC 6/14/2005 E 602-49450-300 Professional Srvs 6/14/2005 E 401-45200-300 Professional Srvs 6/14/2005 G 101-22908 Mound Harbor Renaissance 6/14/2005 E 101-41600-300 Professional Srvs 6/14/2005 E 101-41600-300 Professional Srvs 6/14/2005 E 101-41600-312 Legal Police 6/14/2005 G 601-16100 Fixed Asset-Land 6/14/2005 G 101-23111 Balboa Mini-Storage 6/14/2005 E 101-41600-316 Legal P & I 6/14/2005 E 101-41600-316 Legal P & I 6/14/2005 G 101-22855 MetroPlains Develop 00-64 6/14/2005 E 101-41600-300 Professional Srvs 6/14/2005 G 101-22908 Mound Harbor Renaissance 6/14/2005 G 101-22855 MetroPlains Develop 00-64 6/14/2005 G 101-22908 Mound Harbor Renaissance 6/14/2005 5/24/2005 $1,657', .50 04-05 LIFT STATION $48.00 04-05 MARINA PROJECT $739.30 04-05 MOUND HARBOR RENAISSANCE $420.00 04-05 EXECUTIVE $1,470.34 04-05 ADMINISTRATION $282.00 04-05 PUBLIC SAFETY $102.00 04-0 LAND FOR WATERTOWER $1,012.16 04-05 BALBOA MINI STORAGE $48.00 04-05 1599 BLUEBIRD LANE INVOICE #1122 $198.00 04-05 MISC PLANNING AND ZONING $48.00 04-05 METRO PLAINS DEVELOPMENT $27.50 04-05 MISCELLANEOUS BILLABLE $55.00 04-05 MOUND HARBOR RENAISSANCE $522.50 04-05 METRO PLAINS DEVELOPMENT $495.00 04-05 MOUND HARBOR RENAISSANCE $3,854.77 Wells Fargo 10100 Total $11,725.57 Refer 61405 LAKE MINNETONKA ASSOCIATION Cash Payment Invoice 061405 Transaction Date E 101-41110-433 Dues and Subscriptions 2005 MEMBERSHIP DUES 6/14/2005 6/1/2005 Wells Fargo 10100 $50.00 Total $50.00 Refer 61405 LAKE MINNETONKA COMM. COM Cash Payment E 101-41110-433 Dues and Subscriptions Invoice 061405 6/14/2005 Cash Payment E 101-41310-434 Conference & Training Invoice 061405 6/14/2005 Transaction Date 5/23/2005 Refer 61405 LAKER NEWSPAPER Cash Payment Invoice 051405 Cash Payment Invoice 051405 1ST QTR ACCESS FEE VIDEO TAPES Wells Fargo 10100 G 101-23041 3192 Westedge #05-11 Sub- 05-14-05 CASE #05-11 6/14/2005 G 101-22908 Mound Harbor Renaissance 05-14-05 LAND UPS APP 6/14/2005 $13,544.70 $250.00 Total $13,794.70 $35.82 $49.75 - 1528- CITY OF MOUND Cash Payment Invoice 052105 Cash Payment Invoice 051405 6/14/2005 Cash Payment G 101-22908 Mound Harbor Renaissance Invoice 051405 6/14/2005 Transaction Date 5/19/2005 Refer 61405 LAKER/PIONEER NEWSPAPER _ City of Mound Payments 06/09/05 9:47 AM Page 11 Current Period: June 2005 G 101-22801 Deposits/Escrow 05-21-05 REDEVELOPMENT PROPOSAL $23.88 6/14/2005 E 101-41110-351 Legal Notices Publishing 05-28-05 LEGAL NOTICE $87.56 Cash Payment E 609-49750-340 Advertising Invoice 061405 6/14/2005 Transaction Date 6/6/2005 06-04-05 MOUND HARBOR RENAISSANCE $83.58 Wells Fargo 10100 Total $280.59 05-21-05 DISPLAY AD $300.00 Wells Fargo 10100 Total $300.00 Refer 61405 LEAGUE MN CITIES INSURANCE T Cash Payment E 101-41110-151 Worker's Comp Insuranc WORKERS COMP $24.24 Invoice 061405 6/14/2005 Cash Payment E 101-41310-151 Worker's Comp Insuranc WORKERS COMP $280.51 Invoice 061405 6/14/2005 Cash Payment E 101-41500-151 Worker's Comp Insuranc WORKERS COMP $235.49 Invoice 061405 6/14/2005 Cash Payment E 101-42110-151 Worker's Comp Insuranc WORKERS COMP $7,161.63 Invoice 061405 6/14/2005 Cash Payment E 101-42400-151 Worker's Comp Insuranc WORKERS COMP $460.59 invoice 061405 6/14/2005 Cash Payment E 101-43100-151 Worker's Comp Insuranc WORKERS COMP $2,881.27 Invoice 061405 6/14/2005 Cash Payment E 101-45200-151 Worker's Comp Insuranc WORKERS COMP $1,059.70 Invoice 061405 6/14/2005 Cash Payment E 222-42260-151 Worker's Comp Insuranc WORKERS COMP $2,434.54 Invoice 061405 6/14/2005 Cash Payment E 609-49750-151 Worker's Comp Insuranc WORKERS COMP $1,070.09 Invoice 061405 6/14/2005 Cash Payment E 601-49400-151 Worker's Comp Insuranc WORKERS COMP $1,222.46 Invoice 061405 6/14/2005 Cash Payment E 602-49450-151 Worker's Comp Insuranc WORKERS COMP $2,881.28 Invoice 061405 6/14/2005 Cash Payment E 281-45210-151 Worker's Comp Insuranc WORKERS COMP $332.45 Invoice 061405 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 Total $20,044.25 Refer 61405 MAGNEY CONSTRUCTION, INCOR _ Cash Payment G 601-16300 Improvements Other Than BI THRU 05-31-05 WELL #8 PUMPHOUSE $136,933.00 Invoice REQUEST #3 6/14/2005 Project PW0506 Transaction Date 6/7/2005 Wells Fargo 10100 Total $136,933.00 Refer 61405 MARK VII DISTRIBUTOR Cash Payment E 609-497.50-252 Beer For Resale BEER $3.61 Invoice 213-B 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $92.80 Invoice 800939 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $4,187.95 Invoice 800938 6/14/2005 - 1529- CITY OF MOUND Cash Payment Invoice 803497 Cash Payment Invoice 803496 Cash Payment Invoice 804801 Cash Payment Invoice 804802 Cash Payment Invoice 806330 Cash Payment Invoice 806328 Cash Payment Invoice 806329 Transaction Date City of Mound Payments Current Period: June 2005 E 609-49750-252 Beer For Resale BEER 6/14/2005 E 609-49750-252 Beer For Resale BEER 6/14/2005 E 609-49750-252 Beer For Resale BEER 6/14/2005 E 609-49750-252 Beer For Resale BEER 6/14/2005 E 609-49750-252 Beer For Resale BEER 6/14/2005 E 609-49750-252 Beer For Resale BEER 6/14/2005 E 609-49750-252 Beer For Resale BEER 6/14/2005 5/23/2005 Wells Fargo 10100 Total 06/09/05 9:47 AM Page 12 $57.60 $3,172.00 $468.00 $135.00 $135.00 $100.00 $2,366.40 $10,718.36 Refer 61405 MARLIN'S TRUCKING DELIVERY Cash Payment E 609-49750-265 Freight Invoice 15805 6/14/2005 Cash Payment E 609-49750-265 Freight Invoice 15828 6/14/2005 Cash Payment E 609-49750-265 Freight Invoice 15836 6/14/2005 Cash Payment E 609-49750-265 Freight Invoice 15855 6/14/2005 Cash Payment E 609-49750-265 Freight Invoice 15865 6/14/2005 Transaction Date 6/6/2005 Refer 61405 MA TRX MEDICAL Cash Payment Invoice 892623 Transaction Date 05-16-05 DELIVERY CHARGE 05-19-05 DELIVERY CHARGE 05-23-05 DELIVERY CHARGE 05-26-05 DELIVERY CHARGE 05-31-05 DELIVERY CHARGE $14.00 $205,O0 $37.0O $262.00 $25.00 Wells Fargo 10100 Total $543,00 E 101-42110-219 Safety supplies MEDICAL/SAFETY SUPPLIES $246.82 6/14/2005 PO 19021 6/2/2005 Wells Fargo 10100 Total $246.82 Refer 61405 MCCOMBS FRANK ROOS ASSOCI Cash Payment Invoice 51125 Cash Payment Invoice 51126 Cash Payment Invoice 51127 Cash Payment Invoice 51128 Cash Payment E 427-43121-300 Professional Srvs 6/14/2005 E 101-45250-300 Professional Srvs 6/14/2005 E 101-42400-300 Professional Srvs 6/14/2005 E 101-42400-300 Professional Srvs 6/14/2005 E 101-45200-300 Professional Srvs 04-05 2005 SEAL COAT PROJECT Project 06173 04-05 CEMETARY UPDATE MAP Project 07446 04-05 PLANNING MISC ENGINEERING Project 08901 04-05 ZONING MISC ENGINEERING Project 08902 04-05 PARKS MISC ENGINEERING Invoice 51129 Cash Payment Invoice 51130 Cash Payment Invoice 51131 Cash Payment Invoice 51132 6/14/2005 Project 08905 G 101-23008 2020 Commeme Parking Lot 04-05 2020 COMMERCE PARKING 6/14/2005 Project 11894 E 401-46377-300 Professional Srvs 04-05 CTY RD 15 REALIGHMENT 6/14/2005 Project 12533 G 601-16300 Improvements Other Than BI 04-05 2355 CHATEAU WATERTOWER 6/14/2005 Project PW0506 $434.00 $82.5O $504.00 $106.00 $53,00 $794.00 $577.00 $6,864.28 - 1530- CITY OF MOUND City of Mound Payments 06~09~05 9:47 AM Page 13 Current Period: June 2005 Cash Payment G 101-22854 Langdon Bay Major Sub-Divi 04-05 LANGON BAY DEVELOPMENT $123.75 invoice 51133 6/14/2005 Project 12754 Cash Payment G 101-22869 Landgon Woods, 00-35 04-05 LANGDON WOODS $82~50 Invoice 51134 6/14/2005 Project 12911 Cash Payment E 455-43255-300 Professional Srvs 04-05 MCES LIFT STATION $313.50 Invoice 51135 6/14/2005 Project 13132 Cash Payment G 601-16300 improvements Other Than BI 04-05 WELL PUMPHOUSE $7,665.79 Invoice 51136 6/14/2005 Project PW0505 Cash Payment E 401-46540-300 Professional Srvs 04-05 LOST LAKE GREENWAY $567.50 invoice 51137 6/14/2005 Project 13566 Cash Payment E 601-49400-300 Professional Srvs 04-05 WATERMAIN REPLACEMENT $37.50 Invoice 51138 6/14/2005 Project 13681 Cash Payment G 101-22908 Mound Harbor Renaissance 04-05 MOUND HARBOR RENAISSANCE $578.56 Invoice 51139 6/14/2005 Project 13832 Cash Payment E 601-49400-300 Professional Srvs 04-05 UTILITY MAP UPDATE $450.25 Invoice 51140-1 6/14/2005 Project 14103 Cash Payment E 602-49450-300 Professional Srvs 04-05 UTILITY MAP UPDATE $450.25 Invoice 51140-B 6/14/2005 Project 14103 Cash Payment G 101-22939 4955 Donald Dr. #03-25 Vari 04-05 4955 DONALD DRIVE #03-25 $159.00 invoice 51141 6/14/2005 Project 14384 Cash Payment G 101-22957 2420 Westedge #03-37 Horn 04-05 2420 WESTEDGE #03-39 $82.50 Invoice 51142 6/14/2005 Project 14550 Cash Payment E 401-43104-300 Professional Srvs 04-05 2004 STREET RECONSTRUCTION $1,222.00 Invoice 51143 6/14/2005 Project 14615 Cash Payment E 401-43110-300 Professional Srvs 04-05 2004 RETAINING WALL REPLACEMENT $1,443.75 Invoice 51144 6/14/2005 Project 14707 Cash Payment E 675-49425-300 Professional Srvs 04-05 STORM SEWER PROJECT $1,315.00 Invoice 51145 6/14/2005 Project PW0509 Cash Payment E 401-43103-300 Professional Srvs 04-05 2005 STREET RECONSTRUCTION $13,223.90 Invoice 51146 6/14/2005 Project 15000 Cash Payment E 601-49400-300 Professional Srvs 04-05 HYDRAULIC MDOEL WATER $816.00 Invoice 51147 6/14/2005 Project 15113 Cash Payment G 601-16300 Improvements Other Than Bi 04-05 STANDPIPE DEVON LANE $2,658.00 invoice 51148 6/14/2005 Cash Payment G 101-23111 Balboa Mini-Storage 04-05 BALBOA MINI STORAGE $53.00 Invoice 51149 6/14/2005 Project 15143 Cash Payment E 601-49400-300 Professional Srvs 04-05 LIFT STATION EVAULATION $364.00 Invoice 51150 6/14/2005 Project PW0510 Cash Payment E 401-43110-300 Professional Srvs 04-05 2005 RETAINING WALL $895.00 Invoice 51151 6/14/2005 Project 15229 Cash Payment G 101-23035 6619 Bartlett Blvd #05-06 Va 04-05 6619 BARTLETT #05-06 $349.00 Invoice 51152 6/14/2005 Project 15261 Cash Payment G 101-23044 2156 Cardinal Ln #05-14 Sub 04-05 2156 CARDINAL #05-14 $106.00 Invoice 51153 6/14/2005 Project 15289 Transaction Date 5/20/2005 Wells Fargo 10100 Total $42,371.53 Refer 61405 MCGUIRE AND SONS PLUBMING, Cash Payment E 401-43103-500 Capital Outlay FA 2005 STREET RECONSTRUCTION PROJECT $479.98 148084 6/14/2005 Project PW0501 Cash Payment E 401-43103-500 Capital Outlay FA 2005 STREET RECONSTRUCTION PROJECT $352.31 Invoice 148208 6/14/2005 Project PW0501 - 1531 - CITY OF MOUND City of Mound Payments 06/09/05 9:47 AM Page 14 Current Period: June 2005 Transaction ....... Date 6/6/2005 Wells Fargo 10100 Total $832.29 Cash Payment E 222-42260-210 Operating Supplies MISCELLANEOUS SUPPLIES $16.45 Invoice 20949 611412005 Transaction Date 61212005 Wells Fargo 10100 Total ~ . .~ . .. ~, $16.45 Refer 61405 METROPOLITAN COUNCIL ENWR Cash Payment G 602-21825 SAC Deposits 03-05 SAC CHARGES $1,435.50 Invoice 061405 6/14/2005 Cash Payment G 602-21825 SAC Deposits 04-05 SAC CHARGES $0.00 Invoice 061405 6/14/2005 Cash Payment G 602-21825 SAC Deposits 05-05 SAC CHARGES $5,742.00 Invoice 061405 6/14/2005 Transaction Date 5/20/2005 Wells Fargo 10100 Total $7,177.50 Cash Payment E 609-49750-401 Repairs/Maint Buildings 04-11-05 WINDOW WASH $161.88 invoice 515015740 6/14/2005 Transaction Date 5/23/2005 Wells Fargo 10100 Total $161.88 Cash Payment E 101-41310-433 Dues and Subscriptions 05-01-05 THRU 04-30-06 MEMBERSHIP DUES $89.44 Invoice 061405 6/14/2005 Transaction Date 6/1/2005 Wells Fargo 10100 Total $89 44 Cash Payment E 101-42110-434 Conference & Training #6405 06-24-05 DRUNK DRIVING $155.00 Invoice 14348 6/14/2005 PO 19042 Transaction Date 6/6/2005 Wells Fargo 10100 Total $155.00 Refer 61405 MINNESOTA DEPT OF HEALTH Cash Payment R 601-49400-37100 Water Sales 04-01-05 THRU 06-30-05 $4,605.00 Invoice 061405 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 Total $4,605.00 Cash Payment E 601-49400-440 Other Contractual Servic WELL #1 HAZARD FEE $100.00 Invoice 27160001704M 6/14/2005 Cash Payment E 601-49400-440 Other Contractual Servic WELL #3 HAZARD FEE $100.00 Invoice 27160001804M 6/14/2005 Cash Payment E 601-49400-440 Other Contractual Servic WELL #7 HAZARD FEE $100.00 Invoice 27160001904M 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 ................ Total $300.00 Refer 61405 MiNNE~T~ PUBL;~iNe~ Cash Payment E 609-49750-340 Advertising 06-05 ADVERTISING $90,00 Invoice 2371 6/14/2005 Transaction Date 6~6~2005 Wells Fargo 10100 Total Z"'~ $90.00 r~erer 61405 MINNESOTA VALLEY TESTING LA Cash Payment E 601-49400-227 Chemicals COLIFORM, MF - WATER $77.50 Invoice 256191 6/14/2005 Transaction Date 5/31/2005 - 1532- CITY OF MOUND Refer 6'1405 MINUTEMAN PRESS Cash Payment Invoice 5567 Cash Payment Invoice 5567 Cash Payment Invoice 5567 Cash Payment Invoice 5567 Cash Payment Invoice 5567 Cash Payment Invoice 5567 Cash Payment Invoice 5567 Cash Payment Invoice 5567 Cash Payment invoice 5568 Cash Payment invoice 5568 Cash Payment Invoice 5568 Cash Payment Invoice 5568 Cash Payment Invoice 5568 Cash Payment Invoice 66+3 Cash Payment Invoice 5559 Cash Payment Invoice 5559 Cash Payment Invoice 5559 Cash Payment Invoice 5559 Cash Payment Invoice 5559 Cash Payment Invoice 5545 Transaction Date City of Mound Payments 06/09/05 9:47 AM Page 15 Current Period: June 2005 E 101-41310-200 Office Supplies LETTERHEAD $59.37 6/14/2005 E 101-41500-200 Office Supplies LETTERHEAD $59.37 6/14/2005 E 101-42400-200 Office Supplies LETTERHEAD $59.37 6/14/2005 E 101-42400-200 Office Supplies LETTERHEAD $59.37 6/14/2005 E 101-43100-200 Office Supplies LETTERHEAD $59.37 6/14/2005 E 609-49750-200 Office Supplies LETTERHEAD $19.77 6/14/2005 E 601-49400-200 Office Supplies LETTERHEAD $39.59 6/14/2005 E 602-49450-200 Office Supplies LETTERHEAD $39.59 6/14/2005 E 101-41310-200 Office Supplies HERE IT IS CARDS $25.72 6/14/2005 E 101-42400-200 Office Supplies HERE IT IS CARDS $25.72 6/14/2005 E 601-49400-200 Office Supplies HERE IT IS CARDS $10.29 6/14/2005 E 602-49450-200 Office SuppLies HERE IT IS CARDS $10.29 6/14/2005 E 281-45210-200 Office Supplies HERE IT IS CARDS $5.14 6/14/2005 E 609-49750-200 Office Supplies KEG TAGS $227.14 6/14/2005 E 601-49400-203 Printed Forms NOT HOME CARDS $203.50 6/14/2005 E 101-45200-203 Printed Forms CARDS, HANSON, RAY $7.84 6/14/2005 E 101-43100-203 Printed Forms CARDS, HANSON,RAY $7.84 6/14/2005 E 601-49400-203 Printed Forms CARDS, HANSON, RAY $7.84 6/14/2005 E 602-49450-203 Printed Forms CARDS, HANSON, RAY $7.84 6/14/2005 E 101-42110-210 Operating Supplies PROPERTY CONTROL TAGS,ETC $93.83 6/14/2005 PO 19034 5/26/2005 Wells Fargo 10100 Total $1,028.79 Refer 61405 MORRELL AND MORRELL, INCOR Cash Payment E 670-49500-460 Janitorial Services 05-14-05 RECYCLE EVENT $220.35 Invoice 9275 6/14/2005 Cash Payment E 670-49500-460 Janitorial Services 05-14-05 RECYCLE EVENT $3,676.16 invoice 9315 6/14/2005 ~nsaction Date 5/24/2005 Wells Fargo 10100 Total $3,896.51 Refer 61405 MUZAK - MINNEAPOLIS - 1533- CITY OF MOUND Cash Payment Invoice A566745 City of Mound Payments 06/09/05 9:47 AM Page 16 Current Period: June 2005 E 609.49750-440 Other Contractual Servic 06-05 MUSIC SERVICE $101.42 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $101.42 Refer 61405 NAMEPLATES ............................................ Cash Payment E 281-45210-210 Operating Supplies METAL DOCK TAGS $437.57 Invoice 60885 6/14/2005 PO 18906 Transaction Date 6~6~2005 Wells Fargo 10100 Total $437.57 Refer 61405 NASH SALES, INCORPORATED Cash Payment E 670-49500-460 Janitorial Services Invoice 0002313-1N 6/14/2005 Transaction Date 6/6/2005 Refer 61405 NATIONAL WATERWORKS Cash Payment Invoice 2362977 Cash Payment Invoice 2374965 Cash Payment Invoice 2360217 Transaction Date E 401-43103-500 Capital Outlay FA 6/14/2005 E 601-49400-220 Repair/Maint Supply 6/14/2005 PO 18993 E 401-43103-500 Capital Outlay FA 6/14/2005 5/26/2005 05-14-05 RECYCLE EVENT $200.00 Wells Fargo 10100 Total $200.00 2005 STREET RECONSTRUCTION $1,689.31 Project PW0501 FIRE HYDRANT $1,547.10 2005 STREET RECONSTRUCTION $1,943.24 Project PW0501 Wells Fargo 10100 Total $5,179.65 Refer 61405 NELSON, JOYCE Cash Payment E 670-49500-331 Use of personal auto 05-14-05 RECYCLE EVENT $15.80 Invoice 061405 6/14/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Total $15.80 Refer 61405 NEWMAN SIGNS ................. Cash Payment E 101-42110-219 Safety supplies PEDESTRIAN SIGNS $996.74 Invoice TI-0141323 6/14/2005 PO 19029 Transaction Date 6/2/2005 Wells Fargo 10100 Total $996.74 Refer 61405 NEXTEL COMMUNICATIONS (PAR Cash Payment E 101-45200-321 Telephone & Cells 05-22-05 612-221-6740 BERENT,BRIAN $32.37 Invoice 061405 6/14/2005 Cash Payment E 101-45200-321 Telephone & Cells 05-22-05 612-221-6794 TAFFE, JOHN $13.79 Invoice 061405 6/14/2005 Cash Payment E 101.45200-321 Telephone & Cells 05-22-05 612-221-6812 FACKLER,JIM $77.39 Invoice 061405 6/14/2005 Cash Payment E 101-45200-321 Telephone & Cells 05-22-05 612-221-8385 SWARTZER,BRIAN $33.44 Invoice 061405 6/14/2005 Cash Payment E 101-42400-321 Telephone & Cells 05-22-05 612-282-5889 $8.98 Invoice 061405 6/14/2005 Cash Payment E 101-42400-321 Telephone & Cells 05-22-05 612-363-6883 NORLANDER,JILL $27.06 Invoice 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $193.03 Refer 61405 NORTH HENNEPIN MEDIATION PR ~ Cash Payment E 101.49999-300 Professional Srvs 05-26-05 MEDIATION $1,500.00 Invoice 061405 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 Total $1,500.00 Refer 61405 NORTHERN TOOL AND EQUIPMEN - 1534- CITY OF MOUND City of Mound Payments 06/09/05 9:47 AM Page 17 Current Period: June 2005 Cash Payment E 101-43100-226 Sign Repair Materials HANG/STACK, TIPOUT DRAWER $37.24 Invoice 0822103148 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 Total $37.24 Refer 61405 OFFICE DEPOT Cash Payment E 101-41310-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 101-43100-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 609-49750-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 288446369-001 6/14./2005 Cash Payment E 602-49450-200 Office Supplies Invoice 288446369-001 6/14/2005 Cash Payment E 281-45210-200 Office Supplies invoice 288446369-001 6/14/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 289922257-001 6/14/2005 Cash Payment E 101-42110-200 Office Supplies Invoice 288822267001 6/14/2005 PO 19023 Cash Payment E 101-41310-200 Office Supplies Invoice 289565817-001 6/14/2005 Cash Payment E 101-41500-200 Office Supplies Invoice 289565817-001 6/14/2005 Cash Payment E 101-42400-200 Office Supplies Invoice 289565817-001 6/14/2005 Cash Payment E 101-45200-200 Office Supplies Invoice 289565817-001 6/14/2005 Cash Payment E 101-43100-200 Office Supplies Invoice 289565817-001 6/14/2005 Cash Payment E 609-49750-200 Office Supplies Invoice 289565817-001 6/14/2005 Cash Payment E 601-49400-200 Office Supplies Invoice 289565817-001 6/14/2005 Cash Payment E 602-49450-200 Office Supplies Invoice 289565817-001 6/14/2005 Cash Payment E 101-42110-200 Office Supplies Invoice 289727744-001 6/14/2005 PO 19023 Cash Payment E 101-42110-200 Office Supplies Invoice 289726771-001 6/14/2005 PO 19023 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES INK JET CARTRIDGE INK JET CARTRIDGE INK JET CARTRIDGE FOLDING MACHING, FILE FOLDERS INK JET CARTRIDGE,ETC MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES WIRELESS KEYBOARD,MOUSE,ETC WIRELESS KEYBOARD,MOUSE,ETC $6.20 $6.20 $6.20 $6.20 $6.20 $2.05 $4.13 $4.13 $28.29 $28.29 $14.14 $275.22 $346.13 $8.51 $8,51 $8.51 $8.51 $8.51 $2.84 $5.67 $5.67 $100.60 -$89,25 - 1535- City of Mound 06/09/05 9:47 AM '~ Page 18 _/ Payments CITY OF MOUND Current Period: June 2005 Cash Payment E 101-42110-200 Office Supplies TONER,ETC $124.57 Invoice 289581023-001 6/14/2005 PO 19030 Cash Payment E 222-42260-200 Office Supplies INK JET CARTRIDGE, ETC $116.23 Invoice 288617996-001 6/14/2005 Transaction Date 6/8/2005 Wells Fargo 10100 Total $1 042.26 Cash Payment E 401-43103-300 Professional Srvs 1652 DOVE LANE APPRAISAL $1,500.00 Invoice 20550 6/14/2005 Transaction Date 6/2/2005 Wells Fargo 10100 Total $1 500 00 Cash Payment E 609-49750-253 Wine For Resale LIQUOR $959.66 Invoice 8070375 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $488.46 Invoice 8071190 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $2,518.99 Invoice 8071690 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $242.75 Invoice 8071691 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $267.04 invoice 8071599 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $4 476.90 R;fer 6140~ P~i:co~ ~OMpA~'~ Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $260.40 Invoice 78357114 6/14/2005 Transaction Date 6/8/2005 . Wells Fargo 10100 Total $260 40 E 609-49750-253 Wine For Resale CREDIT-WINE Cash Payment Invoice 3318471 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 3318470 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale Invoice 2198997 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 2198996 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 2201491 Cash Payment Invoice 2201490 Cash Payment Invoice 2201489 Cash Payment Invoice 2201488 Cash Payment Invoice 2204344 Cash Payment Invoice 2204343 Cash Payment Invoice 2203035 6/14/2005 E 609-49750-253 Wine For Resale 6/14/2005 E 609-49750-253 Wine For Resale 6/14/2005 E 609-49750-251 Liquor For Resale 6/14/2005 E 609-49750-253 Wine For Resale 6/14/2005 E 609-49750-251 Liquor For Resale 6/14/2005 E 609-49750-253 Wine For Resale 6/14/2005 -$10,67 CREDIT-WINE -$25.00 WINE $164.59 LIQUOR $1,643.75 WINE $125.80 WINE $43.95 WINE $1,387.20 LIQUOR $137.38 WINE $517.85 LIQUOR $303.45 WINE $949.95 - 1 536- CITY OF MOUND City of Mound Payments 06~09~05 9:47 AM Page 19 Current Period: June 2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$7 Invoice 3318727 6/14/2005 Transaction Date 5/23/2005 Wells Fargo 10100 Total $5,230.87 Refer 61405 PLUNKETT'S, INCORPORATED Cash Payment E 609-49750-440 Other Contractual Servic MAY,JUNE,JULY PEST CONTROL $42.40 Invoice 653843 6/14/2005 Refer 61405 QUALITY WINE AND SPIRITS Cash Payment E 609-49750-253 Wine For Resale Invoice 554385-00 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 553804-00 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 557033-00 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 557477-00 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 559878-00 6/14/2005 Cash Payment E 609-49750-251 Liquor For Resale Invoice 559643-00 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale Invoice 557795-00 6/14/2005 WINE $3,356.92 LIQUOR $572.20 LIQUOR $208.60 WINE $313.98 LIQUOR $356.70 LIQUOR $707.95 CREDIT-WINE -$326.60 Transaction Date 5/24/2005 Wells Fargo 10100 Total $5,189.75 Refer 61405 QUARTERMASTER UNIFORM MAN Cash Payment E 101-42110-218 Clothing and Uniforms TROUSERS,SHIRT $224.65 Invoice P601251801014 6/14/2005 PO 19011 Transaction Date 6/6/2005 Wells Fargo 10100 Total $224~65 Refer 61405 RANDY'S SAN/TAT/ON Cash Payment E 101-41910-384 Refuse/Garbage Dispos 05-19-05 2YD $130.03 Invoice 1670 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $130.03 Refer 61405 ROSTI CONSTRUCTION OF MINNE Cash Payment E 401-43110-500 Capital Outlay FA THRU 05-3%05 2004 RETAINING WALL $89,429.27 IMPROVEMENTS Invoice REQUEST #3 6/14/2005 Transaction Date 6/8/2005 Wells Fargo 10100 Total $89,429.27 Refer 61405 SBC MINNCOMM PAGING _ Cash Payment E 222-42260-325 Pagers-Fire Dept. 05-05 PAGING SERVICE $170.69 Invoice 9202333 6/14/2005 Cash Payment E 222-42260-325 Pagers-Fire Dept. 06-05 PAGING SERVICE $107.16 Invoice 9202333 6/14/2005 Transaction Date 6/1/2005 Wells Fargo 10100 Total $277.85 Refer 61506 SCHWAAB, INCORPORATED Cash Payment E 222-42260-200 Office Supplies NAME STAMP $35.73 Invoice S92687 6/14/2005 PO 18962 Transaction Date 6/2/2005 Wells Fargo 10100 Total $35.73 - 1537- CITY OF MOUND City of Mound 06/09/05 9:47 AM · Page 20 Payments Current Period: June 2005 Refer 61405 Cash Payment Invoice 442967 Cash Payment Invoice 442967 Cash Payment Invoice 441145 Cash Payment Invoice 441145 SENTRY SYSTEMS, INCORPORA T E 609-49750-440 Other Contractual Servic 06-05 BURGLARY SYSTEM $22.21 6/14/2005 E 609-49750-440 Other Contractual Servic 06-05 SUPERVISED O/C'S WITH NO $10.65 REPORTS 6/14/2005 E 609-49750-440 Other Contractual Servic 06-05 FIRE MONITORING SERVICES $25.72 6/14/2005 E 609-49750-440 Other Contractual Servic 06-05 FIRE ALARM TEST/INSPECTION $10.65 6/14/2005 Transaction Date 5/26/2005 Wells Fargo 10100 Total $69.23 R;ier 61~5 SHANK~ENcOMMU~i~7~i~,iN Cash Payment E 609-49750-430 Miscellaneous 05-15-05 PUBLICATION $12.50 Invoice 731731 6/14/2005 Cash Payment E 609-49750-430 Miscellaneous 05-31-05 PUBLICATION $12.50 Invoice 731731 6/14/2005 Transaction Date 6/2/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $531.00 Invoice 2966 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $152.00 Invoice 2679 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $0.00 Invoice 2696 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale WINE $574.00 Invoice 2791 6/14/2005 Transaction Date 6/2/2005 Cash Payment E 602-49450-400 Repairs & Maint Contract MISCELLANEOUS SUPPLIES $1,153.60 Invoice 8508 6/14/2005 Cash Payment E 602-49450-400 Repairs & Maint Contract 05-20-05 LABOR $297.50 Invoice 8515 6/14/2005 Transaction Date 6/6/2005 Wells Fargo 10100 Total $1 451 10 Cash Payment E 101-42110-218 Clothing and Uniforms VEST,KNEE PADS,SHIRT,WIEBUSCH $265.49 Invoice 1269241 6/14/2005 PO 19040 Cash Payment E 101-42110-218 Clothing and Uniforms ELBOW PADS, WIEBUSCH $19.12 Invoice 1269238 6/14/2005 PO 19040 Cash Payment E 602-49450-221 Equipment Parts BATTERY,RECHAREABLE $53.14 Invoice 1268492 6/14/2005 Transaction Date 6/6/2005 Wells Fargo 10100 Total $337.75 Cash Payment E 101-45200-218 Clothing and Uniforms UNIFORMS $425.00 Invoice TS051097 6/14/2005 Transaction Date 6/1/2005 Wells Fargo 10100 Tota $425.00 - 1538- CITY OF MOUND City of Mound Payments 06/09/05 9:47 AM Page 21 Current Period: June 2005 Cash Payment E 609-49750-252 Beer For Resale BEER $517.00 Invoice 37383 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $35.75 Invoice 373476 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $9,171.15 Invoice 373492 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $51.00 Invoice 373785 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $624.00 Invoice 374214 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $177.50 Invoice 37503 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $43.75 Invoice 374332 6/14/2005 Cash Payment 'E 609-49750-252 Beer For Resale BEER $4,362.45 Invoice 374346 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale CREDIT-BEER -$344,00 Invoice 36859-B 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $288.00 Invoice 37589 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $135,50 i Invoice 37618 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $4,760,80 Invoice 374991 6/14/2005 Cash Payment E 609-49750-252 Beer For Resale BEER $152.20 Invoice 374990 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $19,975.10 Refer 61405 THRIFTY WHITE DRUG STORE Cash Payment E 222-42260-210 Operating Supplies 03-18-05 BALANCE DUE $0.78 invoice 721480 6/14/2005 Transaction Date 6/6/2005 Wells Fargo 10100 Total $0.78 Refer 61405 THYSSEN-KRUPP ELEVATOR COR Cash Payment E 101-41910-440 Other Contractual Servic 06-01-05 THRU 08-31-05 MAINTENANCE $547.45 Invoice 236671 6/14/2005 Cash Payment E 101-41910-401 Repairs/Maint Buildings 05-17-05 SERVICE CALL $334.00 Invoice 012387 6/14/2005 Transaction Date 6~2/2005 Wells Fargo 10100 Total $881.45 Refer 61405 TKDA ENGINEERS ARCHITECTS P _ Cash Payment E 601-49400-400 Repairs & Maint Contract 6057 LYNWOOD LEAK $282.40 Invoice 000200501964 6/14/2005 Transaction Date 6~6~2005 Wells Fargo 10100 Total $282,40 TRUE VALUE, MOUND Cash Payment E 101-45200-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $255.67 Invoice 061405 6/14/2005 Cash Payment E 101-41910-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $46.57 I Invoice 061405 6/14/2005 Cash Payment E 101-45200-223 Building Repair Supplies MISCELLANEOUS SUPPLIES $16.78 Invoice 061405 6/14/2005 Refer 61405 - 1539- CITY OF MOUND City of Mound Payments 06/09/05 9:47 AM Page 22 Current Period: June 2005 Cash Payment E 101-43100-230 Shop Materials MISCELLANEOUS SUPPLIES $143.47 Invoice 061405 6/14/2005 Cash Payment E 601-49400-230 Shop Materials MISCELLANEOUS SUPPLIES $5,94 Invoice 061405 6/14/2005 Cash Payment E 602-49450-230 Shop Materials MISCELLANEOUS SUPPLIES $115.35 Invoice 061405 6/14/2005 Cash Payment E 609-49750-210 Operating Supplies MISCELLANEOUS SUPPLIES $8.51 Invoice 061405 6/14/2005 Cash Payment E 101-43100-226 Sign Repair Materials MISCELLANEOUS SUPPLIES $26.66 Invoice 061405 6/14/2005 Cash Payment E 101-45200-210 Operating Supplies MISCELLANEOUS SUPPLIES $4.53 Invoice 061405 6/14/2005 Cash Payment E 101-42400-210 Operating Supplies MISCELLANEOUS SUPPLIES $11.12 Invoice 061405 6/14/2005 Cash Payment E 101-43100-210 Operating Supplies MISCELLANEOUS SUPPLIES $11,12 Invoice 061405 6/14/2005 Cash Payment E 601-49400-210 Operating Supplies MISCELLANEOUS SUPPLIES $16,20 Invoice 061405 6/14/2005 Cash Payment E 602-49450-210 Operating Supplies MISCELLANEOUS SUPPLIES $11.13 Invoice 061405 6/14/2005 Transaction Date 6/7/2005 Wells Fargo 10100 Total $673.25 Refer 61405 TRUXSTOR CUSTOM TRUCK ACC Cash Payment E 101-45200-404 Repairs/Maint Machinery SPRAY BEDLINER $452.63 Invoice 28468 6/1412005 PO 18911 Transaction Date 5~24/2005 Wells Fargo 10100 Total $452.63 Refer 61405 UNIFORMS UNLIMITED Cash Payment E 222-42260-210 Operating Supplies SHOULDER PATCH $232.68 Invoice 274665 6/14/2005 Cash Payment E 101-42110-218 Clothing and Uniforms UNIFORM-KURTZ $394.72 Invoice 274249 6/14/2005 PO 19041 Transaction Date 6/2/2005 Wells Fargo 10100 Total $627.40 Refer 61405 UNITED RENTALS Cash Payment E 401-43103-500 Capital Outlay FA 2005 STREET RECONSTRUCTION $700.00 Invoice 109989-001 6/14/2005 Project PW0501 Transaction Date 6/6/2005 Wells Fargo 10100 Total $700.00 Refer 61405 WIDMER CONSTRUCTION, LLC Cash Payment E 601-49400-400 Repairs & Maint Contract 05-27-05 THREE POINTS $800.00 Invoice 1013 Cash Payment Invoice 1011 Cash Payment Invoice 1010 Cash Payment Invoice 1009 Cash Payment Invoice 1018 Transaction Date 6/14/2005 E 401-43103-500 Capital Outlay FA REPLACE HYDRANT $2,047.00 6/14/2005 Project PW0501 E 401-43103-500 Capital Outlay FA VALVES ON HYDRANT AT FINCH $330.00 6/14/2005 Project PW0501 E 401-43103-500 Capital Outlay FA GATE VALVES AT THREE POINTS $1,040.00 6/14/2005 Project PW0501 E 401-43103-500 Capital Outlay FA GATE VALVE AT DOVE LANE $640.00 6/14/2005 Project PW0501 6/7/2005 Wells Fargo 10100 Total $4,857,00 Refer 61405 WINE COMPANY - 1540- CITY OF MOUND City of Mound Payments 06/09/05 9:47 AM Page 23 Current Period: June 2005 Cash Payment E 609-49750-253 Wine For Resale WINE $802,53 Invoice 115891-00 6/14/2005 Transaction Date 5/24/2005 Wells Fargo 10100 Total $802.53 Refer 61405 WINE MERCHANTS Cash Payment E 609-49750-253 Wine For Resale WINE $230.00 Invoice 126089 6/14/2005 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$17.24 Invoice 24594 6/14/2005 Transaction Date 6/6/2005 Wells Fargo 10100 Total $212.76 Refer 61405 WORLD CLASS WINES, INCORPO Cash Payment E 609-49750-253 Wine For Resale WINE $389.00 Invoice 164919 6/14/2005 Transaction Date 5/31/2005 Wells Fargo 10100 Total $389.00 Refer 61405 XCEL ENERGY E 101-43100-381 Electric Utilities $95.48 6/14/2005 E 601-49400-381 Electric Utilities $95.48 6/14/2005 E 602-49450-381 Electdc Utilities $95.49 6/14/2005 E 609-49750-381 Electdc Utilities $971.08 6/14/2005 E 222.42260-381 Electdc Utilities $956.07 6/14/2005 E 101-42110-351 Legal Notices Publishing 04-25-05 THRU 05-23-05 #51-6002831-5 $637.38 6/14/2005 E 101-41910-381 Electric Utilities 04-24-05 THRU 05-21-05 #51-6002838-2 $952.82 6/14/2005 E 101-45200-381 Electric Utilities 04-28-05 THRU 05-26-05 #51-4322305-4 $74.37 6/14/2005 E 101-45200-381 Electdc Utilities 04-28-05 THRU 05-26-05 #51-6380809-7 $168.90 6/14/2005 E 601-49400-381 Electdc Utilities #51-4857247-6 LIFT STATIONS $111.83 6/14/2005 Wells Fargo 10100 Total $4,158.90 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment ) Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment Invoice 061405 Cash Payment invoice 061405 Cash Payment Invoice 061405 Transaction Date 5/31/2005 04-24-05 THRU 05-21-05 #51-6002838-2 04-24-05 THRU 05-21-05 #51-6002838-2 04-24-05 THRU 05-21-05 #51-6002838-2 04-24-05 THRU 05-21-05 #51-6002832-6 04-25-05 THRU 05-23-05 #51-6002831-5 - 1541 - CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 427 SEAL COAT FUND 455 TIF 1-2 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND City of Mound Payments 06/09/05 9:47 AM Page 24 Current Period: June 2005 10100 Wells Fargo $83,377.03 $6,100.93 $1 ,O83.05 $315,767.42 $434.00 $313.50 $1,598.59 $166,300.03 $22,208;04 $109,248.02 $12,464.71 $1,315.00 $722,210.32 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $722,210.32 $722,210.32 - 1542- Engineering ' Planning ' Surveying May 31, 2005 Ms. Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound 2005 Street Improvements Partial Payment MFRA #15000 Dear Ms. Hanson: Enclosed is Buffalo Bituminous's_Payment Request No. 1 for work completed through May 31, 2005 on the subject project. The mount of this payment request is $196,017.68. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MFRA Robert Dehler, City Engineer cc: Gino Businaro, Finance Director Enclosure s:h-nain:Wlou15000\corrcs~ansonS-31 - 1543- 15050 23rd Avenue North . Plymouth, M/nnesota. 55447 phone 763/476-6010 , fax 763/476-8532 e-ma#: mfra@mfra.com Z : .,< : mr.- -q m -n oO Or- z o o *no -I 0 (/> 0 "q m .q -n - 1544- ~x x x ~.~,~ ~ ~.~' = ~<~ o 80080808888 88888888888888 ~' ~' ~' ~ .... o ~omoo8~9~ ooooooooooo ooooo~omoooom~o o ~ ~ ~ ~ ~ OO ~88888~8888888 8 88888888888 8 88 888888 8 88 0 oo~oooooooooo ooooooooooo bb bbbbbbbbbb Obbbbbbbbbb bbboooooooooooo 88888888888888 8 8 8888 88 8 8888888 88 8 88 Z 0o~o~ oo ~o~o ooooooo ooo ooooo~o~oooo~o 00 888888~8888888 8 88888888888 8 8888888888888 8 88 - 1545- .m. m0~ 0 o ~ 0 m m Z C m - 1546 - Engineering ' Planning · Surveying June 7, 2005 Ms. Kan~s Hanson City of Mound 5341Maywood road Mound, Minnesota 55364 SUBJECT: City of Mound 2004 Retaining Wall Improvements Partial Payment MFRA #14707 Dear Ms. Hanson: Enclosed is Rosti Construction's Payment Request No. 3 for work completed through May 31, 2005 on the subject project. The amount of this payment request is $89,429.27. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MFRA !ffb!~!ehl!r!C~~t~ngtneer' ' . I . cc: Gino Businaro Enclosure s:\main:Xlvlou 14707\correskhans on6 -8 C-23 - 1547- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-6532 e-marl: mfra@mfra.com 0 LU ~: d k,- Z Z ~",r ~o ~ ~o ILl o ~ . On"Z< ~ e~ ~ :~ 121 z >_ ~ z .-, .- ~o o < < I.-. on. 0 _~0 0 ZO , ~Z ~g I- Z ~.1 n O0 ~0 000. O0 o°88 oo. 88.8. ,:Do. 88.8. oo ~ ~ oo oo oo . .. 888. 888 888 888 888 888 8.88 888 888 888 888 888 888 888 888 888 888 888 888 888 ~ ~ 88 88 88 88 88 wILl oo ~ oo ~ oo o~ o~ooo o oo oo o~ oo :~:§: ~ dd dd d' dd o oo oo ooo ooo April 8, 2005 City of Mound Carlton Moore, Public Works Director 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: 2004 Retaining Wall Improvements Change Order # 1 MFRA # 14707 Carlton: Please see the attached change order #1 for the 2004 Retaining Wall Improvements. The change order adds a two-tier retaining wall at 4955 Donald Lane. The change order will result in an addition of $16,816 to the contract price. If you have any questions or need additional information, please contact me. Sincerely, MFRA Robert F. Dehler, P.E. Enclosures - 1 552- CHANGE ORDER NO.1 City of Mound 2004 Retaining Wall Improvements MFRA #14707 This Change Order adds a two-tier retaining wall on 4955 Donald Lane. The lower retaining wall is approximately 750 square feet in area and the upper wall is approximately 301 square feet in area. The wall will be charged at the contract price of $16.00/foot. ADD $ 16,816.00 TOTAL THIS CHANGE ORDER ADD $ 16,816.00 ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 $ 229,789.00 $ 16,816.00 REVISED CONTRACT AMOUNT $ 246,605.00 APPROVED: CITY OF MOUND BY: DATE: ACCEPTED: R OSTI CO~T~~ D^T : RECOMMENDED: BY: D ~ s:Xmain:Wlou14707kspec\Change Order No. I - 1553- Engineering ~' Planning ° Surveying June 7,2005 Ms. Kan~s Hanson, City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Well #8 Pumphouse Improvements Partial Payment IvIFRA #13313 Dear Ms. Hanson: Enclosed is Magney Construction's Payment Request No.'3 for work completed through May 31, 2005 on the subject project. The amount of this payment request is $136,933.00. We have reviewed this request, find it in order, and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact me. Sincerely, MFRA Robert Dehler, City Engineer cc: Gino Businaro Enclosure s:Xmain:'uMou 13313\corres~anson6-7 - 1554- 15050 23rd Avenue North · Plymouth, Minnesota o 55447 phone 763/476-6010 · fax 763/476-8532 e-maiL' mfra@mfra, com APPLICATION FOR PAYMENT NO. 3 To: City of Mound (OWNER) From: Magney Construction, Inc. 1401 Park Road, Chanhassen, MN 55317 (CONTRACTOR) Contract: General Construction Project: Well No. 8 Pump House in Mound, MN OWNER'S Contract No. ENGINEER'S Project No. For Work Accomplished through the Date of: 5-31-05 1.) Original Contract Price: 2.) Net change by Change Orders/Written Amendments (+-) 3.) Current Contract Price (1 plus 2): 4.) Total completed and stored to date: 5.) Retainage (per Agreement): 5% of completed work: $12,591.80 5% of stored material: $ 1,174.35 Total Retainage: 6.) Total completed and stored to date less retainage (4-5) 7.) Less previous Application for Payments: 8.) DUE THIS APPLICATION (6-7) $728,500.00 $(89,186.68) $639,313.32 $275,322.96 $ 13,766.15 $261,556.81 $124,623.81 $136~933.0Q Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received for OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR'S legitimate obligations incurred in connection with Work covered by prior Applications for Payment number 1 through 3 inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (expect such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. DATE: June 1, 2005 Magney Construction, Inc. (contractor) ~..:~r :~j ' ' ~ ~ Mark C Magney Presme ~ '"~..~.... MY COmm. expiro* ,Jan. 3 .20 0 -- ?resmeng I State of B'/b~.v'~z//-- co,~~ ~,'u- Subscrib'ed and sworn to ~be~re me this4 _ day of_~.~_~, · My Commission expires: ,.,/F24'L. t/! Payment of the above AMOUNT DUE THIS APPLICATION is recommended. City of Mound (Owner) By. Date /l , MFRA~c. (Engineer) Date0~ - 1555- - 0 ~~ooooo ~ ~~~~o~o o~°OOOOOOOOOOOO 00000~00~0~0~00~00000~000000~000 CZ) CD, Z - 1556- ~ 0 O~ ~ ° 00000~0000 ~0000 O0000 000000~~ 000 O0 O0 ~ ~ ~ · 00~ .~ ~ dddd ~ ~ ZZZZ 000000 m ...... 0000 ~ 0000 o o o o z oo§ '0 0 - 1557- a,J~ODFREY f NSULA TION & I JA TERPROOFING 2t8-746-4014 C ELL 21 ~-321-~J ;'.';'~ FAX: 2t8-746-40t4 M~MI~R: MID-MI~N'~$OTA Bt~ILD~I~ A,'kqOCIATION Bill To Magney Construction 1401 Park Road Chanhassen, MN 55317-9592 Invoice Date Invoice # 5/24/2005 277 Item CMU Core Insulating Thank You P.O. No, Terms Due Date Upon Receit 5/24/2005 DescHpfion Core insulate designated concrete blocks with Thermco Foamed In-Place Insulating Foam. PROJECT: WELL PUMP HOUSE #8 - MOUND, MN For quality and according to Thermco Foam Insulation Guide Specifications for Foam In-Place installation, we drill and fill each open vertical column of open block ceils. Some companies drill every other vertical column. This method is questionable and does not meet installation specifications. Rate 1,496.25 Total Payments/Credits Balance Due Amount 1,496.25 $1,496.25 $0.00 $1,496.25 - 1558- GLEWWE DOORS [NC 935 APOLLO ROAD EAGAN, MN 55121 651-456-9194 Invoice Date Invoice # 5/20/2005 120768 Bill To MAGNEY CONSTRUCTION 1401 PARK ROAD CHANHASSEN, MN 55317 Ship To MOUND PUMP HOUSE MOUND, MN FILE 05 2027 BS MN PO # 279 8100 P.O. Number Terms Rep Ship Via F.O.B. Project Net 30 Days 5/20/2005 Truck Eagan 052027-MOUND PUMP HO... Quantity Item Code Description Price Each Amount HM Hollow Metal per Contract 970.00 970.00T Minnesota Sales Tax 6.50% 63.05 i ~' ~-, ,~ ~: ~.:-_L- ~, .- .,. (iii.,..:~. 7 RECIglVIgD Total ~ '1,033.05 - 1559- GLEWWE DOORS INC 935 APOLLO ROAD EAGAN, MN 55121 651-456-9194 Invoice Date I Invoice # 5/20/2005 120769 Bill To MAGNEY CONSTRUCTION 1401 PARK ROAD CHANHASSEN, MN 55317 Ship To MOUND PUMP HOUSE MOUND, MN FILE 05 2027 BS MN PO # 279 8100 P.O. Number Terms Rep Ship Via F.O.B. Project Net 30 Days 5/20/2005 Truck Eagan 052027-MOUND PUMP HO... Quantity Item Code Description Price Each Amount FH Finish Hardware per Contract 2,147.00 2,147.00T Minnesota Sales Tax 6.50% 139.56 iin~l. ........ . . .... .....~~,~ RECEIVED / Total v/ $2,286.. - - 1560- REMIT ~'0 INVOICE BOX 778 SPICER. MN 58288 (320) 706-2111 all WELLS- PUMPS SALES -- SERVICE Stnco 1893 SOLD TO: 5/26/05 MAGNEY CONSTRUCTION DATE; 1401 :PARK ROAD INVOICE NO.: 1_ 890 CHANHASSEN, MN 55317 TERMS: Net 30 6/25/05 Da ys MAGNEYCONSTRUCT ION QUANTITY DESCRIPTION UNIT PRICE AMOUNT MOUND, MN PROJECT - CHLORINATION EQUIPMENT 1.00 CHLORINATION '~QUIPMENT PER 9,138.50 9,138.50 QUOTE OF 1/17/05 (SEE ATTACHED SHEET) A finance charae of 1.5% will be added to all amounts 30 davs or more overdue, Sat.es Tax Total Invoice Amount $9,138.50 Payment R~:ceived 0.00 SUBTOTAL / r...,~n TOTAL · $9, .1.38.50 wwA CI=RTIFiED MASTE~I=I WATER WFLL CONTRACTOR OTHER LOCATIONS: ROCHESTER, MN 55901 (507) 288-5554 ,,, MONTICELLO, MN 55362 (763) 271-4200 ~,~ - 1561 - WELL$ ~ PUMP:; SALES - SERVICE S/nco 1893 Jnnuaryl7,2005 To: Ail Bidding Contractors RE: Quote for City of Mound Project Wc a~e pleased to provide the following for the Mound, MN project - Chlorination Equipment. I - SC-40I Dual cylinder scale, I. Regal Series 7000 Smart Valve, configurcd for flow proponionnl control at $0PPD, I -Regal model 216 gas chlorination, direct cylinder mount, vacuum operated auto-switch over with A-927 high/Iow pressure ejector assembly with 17A nozzle at 50 ,PPD. I. ResM series 3000 chlorine ga~ detector with battery back-up (#3063), I - I '~ hp booster pump. I - Chlorine gas calibration kit. Lump Sum: $9,131L50 Note: Above pricinR does not include frei§hr charses, pipe, valves, fittins, installation, or other equipment or service not listed, _ Sincerely, Exccuti~,c Vice President MRMnER - NEWA CLARA CITY, MN $e222 1320) e49,3~07 · MONTICELLO, MN ~J302 l?03) 271,4200 · RDCNEJITER, MN iiSI01 (807l 218-88S4 CERTIFIED MASTER WATER WELL CONTRACTOR Eq~/4l Opportunity Employer AWVVA - 1562- Northern Plumbing Tech 16376 230th Avenue NW Elk River, MN 55330 Voice: (763) 263-8995 Fax: (763) 263-0830 Invoice Invoice Number:. 816 Invoice Date: Apr 26, 2005 Page: 1 Sold To: MAGNEY CON ST RUC T ION 1401 PARK ROAD CHANHAS SEN, MN 55317 Ship to: Customer ID Customer PO Payment Terms MAGNEY MOUND PUMP HOUSE #8 Net 30 Days Due Date .,. 5/26/05 Quantity Item Description Unit Price Extension ROUGH IN FLOOR DRAINS 4,000.00 RECEIVED Check No: Subtotal 4, ooo. oo Sales Tax Freight Total Invoice Amount Payment Received TOTAL 4,000.00 0.00 4,000.00 - 1563- bENI bT: bU~I~UM ~HEEI UEIAL; §51 646 8081; UAY-20-05 5:43PU; TO: MAONEY AT: 952-474-1679 ~:~'~!:;:/i;?~;'~:!;~;'~i~?'il;i~!!::i?i. BOSTROM SHEET METAL WORKS INC. 731 IlamlMcn Ave.ut Phu,e; (651)646 - ?475 Patti, ~ 5~114 INVOICE 7080 Date: $12012006 MC0734 MAGNEY CONSTRUCTION, INC. 1401 PARK ROAD CHANA$$EN, MN ~$317 MOUND WELL IiOUS£ ~$ PUMPHOUSE MAGNEY CONSTRUCTION~ IMC. 14~1 PARK ROAD CHANHASSEN, MN $$317 PROORE$$ BILL #1 2/4/200f ORIGINAL CONTRACT AMOUNT CHANGE ORDER #1 - DEDUCT REVISED CONTRACT AMOUNT AMOUNT EARNED LESS 5% RETAINAGE AMOUNT DUE $26,171. O0 1 171.00 $25,001.Q0 $11,028.00 551.4~0 v// $10,476.60 - 1564- : I :C; j't' - 1565- June 3,2005 City of Mound Carlton Moore, Public Works Director 5341Maywood Road Mound, Minnesota 55364 SUBJECT: Well #8 Pumphouse Change Order #3 MFRA #13313 Carlton: Please see the attached change order #3 for the Well #8 Pumphouse. The change order changes three locksets to electronic push button locksets. The change order will result in an addition of $1,716.92 to the contract price. If you have any questions or need additional information, please contact me. Sincerely, MFRA Enclosures - 1568- CHANGE ORDER NO. 3 CITY OF MOUND Well #8 Pumphouse MFRA #13313 The following Change Order changes some lock sets on the exterior doors. Furnish and install two (2) Schlage "Pro" electronic pushbutton lock sets, PRO993-06 for exit devices. · Furnish and install one (1) Schlage "Pro" electronic push button lock sets, PRO5196-06 for cylindrical lock. The "King Cobra" locksets to be installed on single exterior doors to the Chemical 'Room, Chlorine Room and Pump Room. · Contract locksets to be installed on exterior doors to Communication Rooms. ~ · Contract hardware to be installed on the pair of doors to the Pump Room. ADD $ 1,716.92 There is no change to the contract completion date of August 15, 2005. TOTAL THIS CHANGE ORDER ADD $ 1,716.92 ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. t CHANGE ORDER NO. 2 CHANGE ORDER NO. 3 REVISED CONTRACT AMOUNT $ 728,500.00 ($ 104,805.00) $ 10,479.00 $ 1,716.92 $ 635,890.92 APPROVED: ACCEPTED: City of Mound BY: DATE: Magney Construction DATE: RECOMMENDED: DATE: 0~" I ~' 2. 005- sAmain AMou 13313Xspecs\CO#3 4-05 - 1569- June 3,2005 City of Mound Carlton Moore, Public Works Director 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Well #8 Pumphouse Change Order #4 MFRA #13313 Carlton: Please see the attached Change order #4 for the Well #8 Pumphouse. The change order deletes the pad mount single-phase transformer and adds a single-phase transformer mounted on an Xcel Energy pole. The change order will result in an addition of $3,344.40 to the contract price. If you have any questions or need additional information, please contact me. Sincerely, MFRA Robert F. Dehler, P.E. Enclosures - 1570- CHANGE ORDER NO. 4 City of Mound Well #8 Pumphouse MFRA #13313 The following Change Order changes the 120/240 VAC single phase service to the Communications Rooms in the wellhouse building. Electrical drawing E2 shows a single phase padmount transformer located approximately 20 feet from the building. However, Xcel Energy will instead provide power from a transformer mounted on their pole at the street, which is approximately 100 feet northwest of the building. EIM to determine the exact distance. · Delete the concrete pad that would have been required for the padmount transformer. Extend the PVC underground conduits from the building to the base of the pole. There will be two conduits, one for the communications room used by T-Mobile and one for the other, currently unused room. The conduit for the unused room will be capped at the pole end, as it is for future use. Route the service cable (120/240 VAC, 200 amps, single phase) the to the T-Mobile communications room service panel out through the conduit and up the pole, leaving enough extra at the top of the pole for Xcel Energy to make their connections. The service cable may be routed up the side of the pole through a standard pole riser U-channel. · Coordinate connection of the single phase service with Xcel Energy. ADD There is no change to the contract completion date of August 15, 2005. $ 3,344.40 TOTAL THIS CHANGE ORDER ADD $ 3,344.40 ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 CHANGE ORDER NO. 3 CHANGE ORDER NO. 4 $ 728,500.00 ($ 104,805.00) $ 10,479.00 $ 1,716.92 $ 3,422.40 REVISED CONTRACT AMOUNT $ 639,313.32 -1571 - Change Order No. 4 Well No. 8 Pumphouse Page 2 APPROVED: City of Mound BY: DATE: RECOMMENDED: MFRA DATE: 0t~' lq' 2.005 ACCEPTED: Magney Construction DATE: 6 ['L'~lo5- s:Xmain:XMou 13 313~specs\Change Order No. 4 - 1572- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Subject Honorable Mayor and City Council Carlton Moore, Director of Public Works June 14, 2005 Work Order No. 3 - Barr Engineering Company for Lost Lake Summary: For review and consideration by the City Council is proposed Work Order No. 3 with Ban' Engineering Company for professional engineering services for the Lost Lake Dump site remediation. Phase 3 of the Lost Lake Dump site covers oversight of construction activities for the project including preconstruction coordination assistance, project coordination during construction, surveying, soil sampling, water sampling, project management meetings and reporting. Work Order No. 3 is anticipated to cover the remaining work tasks for the dump remediation activities. Recommendation Based on its review, Staff recommends the City Council authorize execution of Work Order No. 3 with Ban' Engineering Company for the Lost Lake site dump remediation. - 1573- Work Order No. _3_ Services to be Furnished Under This Agreement Applicable to Agreement Dated _February 8, 2005 Barr Engineering Co. (Barr) 4700 W. 77th Street Minneapolis, MN 55435-4803 between City of Mound 5341 Maywood Road Mound, MN 55364 Designated Representative: Don E. Richard Designated Representative: Carlton Moore I. Scope Language Ban. will provide professional engineering services for Response Action Implementation and Reporting for the Lost Lake Dump site and Maxwell Property site, hereinafter referred to as the Sites. The planned scope of work for Response Action Implementation and Reporting will include the following tasks: 1) Response Action Site Activities Ban' will provide pre-construction coordination assistance; on-site project coordination and observation during waste material and organic soil removal activities, excavation dewatering and wastewater treatment, backfill of borrow and cover soils, surcharge loading, and site restoration; surveying for quantity determination and construction quality assurance (CQA) grid layout, soil sampling and analysis (subcontracted) to document the materials that will remain, treated water sampling and analysis (subcontracted) to document compliance with MCES discharge permit requirements. Pre-construction coordination assistance for the response action will include phasing of construction, review of technical information submitted by the response action contractor (e.g., project health and safety plan (PHASP), diversion and dewatering plan, wastewater management plan, traffic control plan, disposal and recycling facility qualifications, etc.), andtechnical assistance with site preparation activities by the response action contractor (RAC). Project coordination during response action work will include on-site field staff to determine excavated material designations, assist the RAC with segregation of materials for disposal or recycle, office support for review of technical submittals by the RAC, communications with the City and RAC, and Barr's field staff and subcontractors, and trouble-shooting. Observation during response action work will include field- screening of materials for excavation, review of RAC's CQA testing results, oversight of excavation dewatering and wastewater treatment and discharge, collection of weight tickets for materials removed from the site for disposal/recycle, and collection of other data for documentation of the work. Surveying will include performance of topographic surveys on three material surfaces (e.g., top of waste material layer, top of organic soil layer, and top of till layer), reduction of survey information and volume computations to determine excavated material quantities (e.g., cover soil, waste materials, organic soils), and to assist the RAC in CQA testing by staking out grid layouts. Surveying will also be performed by Ban. to document the extent of organic soil excavation at the site. P:\23L27\F27\City Mound Contract\WorkOrder_3.doc - 1574- Page 1 March 10, 2000 Version Soil samples will be collected from the base and sidewalls of excavation as described in the approved RAP. Soil sampling will include collection of soil samples for analytical testing by a subcontracted analytical laboratory. For response action documentation, Barf will collect up to 30 soil samples and will ship the samples to its subcontractor [Legend Technical Services] for analysis of RCRA metals. Soil samples with organic headspace readings greater than 10 ppm will be analyzed for volatile organic chemicals (VOCs). For backfill material acceptance, Barr will collect up to 2 soil samples from the designated borrow soil source and will ship the samples to its subcontractor for analysis of VOCs, semi-volatile organic chemicals (SVOCs), metals, and potentially diesel/gasoline range organics (DRO/GRO), polychlorinated biphenyls (PCBs), pesticides, and herbicides. Treated water sampling will include collection of treated water during discharge to the sanitary sewer for analytical testing by a subcontracted analytical laboratory. Barf will collect samples at the frequency required by the MCES discharge permit and will ship the samples to its subcontractor for analysis parameters listed in the MCES discharge permit. Based on previous experience and discussion with MCES, Bart anticipates water samples will be collected monthly during the RA (total of 2 samples) and analyzed for polycylic aromatic hydrocarbons (PAHs), VOCs, metals, PCBs, and pH. 2) Reporting Ban. will prepare a response action implementation report following completion of the response action work. The implementation report will be written in accordance with applicable MPCA guidance documents. The implementation report will include a description and photographs of construction activities, as-built drawings that show the extent of excavation and backfill, a summary of materials excavated (dump materials, fill with debris, special waste materials, organic soil), final disposition locations of excavated or removed materials, volume summary of materials removed from the site, results of soil sample analysis, and results of treated water discharge monitoring. The implementation report will also include as-built or plan drawings of foundation (soil gas) venting systems (based on timing of submittal). Ban. will submit the documentation report to the City for review and will submit a final copy to MPCA for approval. Additionally, Barr will prepare MCES discharge report(s) as required by the permit for discharge of treated water to the sanitary sewer. Bart will submit the discharge report(s) to the City for review and will submit a final copy to MCES. 3) Project Management & Meetings Barr will provide project management services throughout the duration of environmental remediation activities associated wit~ the site redevelopment project, including during construction preparation, implementation of response action (construction), and documentation reporting. Project management services include client communications, attendance at weekly project meetings at the site during construction, site coordination, support for decision-making during response action activities, review of the response action implementation report, and project budgeting and invoicing. Ban' will also assist the City in acquisition of the requested assurances listed in the RAP from the MPCA at completion of the project. II. Maximum Compensation and Assumptions ("Service Assumptions") Upon Which Maximum is Based Barr's services under this Work Order will not exceed a total cost of $232,000 without prior written approval by the City of Mound. The assumptions used to estimate this maximum compensation limit ("Service Assumptions") are listed below: 1) Bart estimates Barf field personnel will be on-site for up to 6 days per week for up to 12 weeks during response action implementation activities involving excavation, dewatering and wastewater treatment, or backfilling. Ban. estimates field personnel will do spot checks of RAC's work during site preparation and restoration activities. Bart estimates Barf survey personnel will be on-site up to I day per week for up to 12 weeks during excavation and backfilling activities. p:k23~27\F27\City Mound Contract\WorkOrder_3.doc Page 2 March 10, 2000 Version - 1575- 2) MPCA program oversight costs to review and approve the Response Action Implementation Report for the Sites and to issue the requested assurances are not included in the maximum compensation limit and will result in additional cost incurred by the City of Mound. MCES costs for discharge of treated water from the site to the sanitary sewer are not included in the maximum compensation limit and may result in additional cost incurred by the City of Mound. Barr assumes the City's Developer will provide plan or as- built drawings for foundation venting systems installed for new residential and commercial buildings. 3) Barr estimates Barr personnel will attend up to 12 weekly meetings during response action implementation. City of Mound agrees that a change to any of these Service Assumptions may necessitate a change to the compensation limit. III. Schedule and Assumptions Upon Which Schedule is Based Thc scopcd work will begin immediately upon completion of the scope of work described in Work Order No. 2. The estimated schedule for completion of the scoped work tasks is shown on the attached Figure 1. The assumptions upon which the schedule is based are listed below: I) The City of Mound will advertise for bids from around May 27, 2005 through June 17, 2005, when bids are due to the City. 2) The City of Mound will review bids from June 20, 2005 through June 28, 2005 and will award the contract to the qualified low bidder at its City Council Meeting on Iune 28, 2005. 3) The City of Mound will issue a Notice of Award on June 29, 2005 and will enter into agreement with the RAC by July 8, 2005. 4) The City of Mound will issue a Notice to Proceed to the RAC on July 11, 2005. The contract time will be 100 days and the RAC will complete the work on or before October 19, 2005. 5) Bart estimates that the Response Action Implementation Report can be completed within 2 weeks following RAC's completion of the work, and is planned to be submitted to the MPCA on or around November 7, 2005. 6) Barr has no control over MPCA efforts, including the time required to review project submittals such as the Response Action Implementation Report or issue the requested assurances. Based on our experience, Barr estimates MPCA will require approximately 4 weeks to review the report and issue the assurances. ACCEPTED AND AGREED TO: BARR ENGINEERIN~P~ Title: Vice President Date: June 7, 2005 City of Mound By: Title: Date: P:~23L27~27\City Mound Contract\WorkOrder_3.doc Page 3 March 10, 2000 Version - 1576- 0 - 1577- o~o 5341 Maywood Road Mound, MN 55364 (952) 472-3190 Memorandum To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Comm. Dev. Director and Public Works Director Cadton Moore June 8, 2005 Barr Work Order No. 3 and Internal Loan Resolution Staff is recommending consideration of a resolution on an intemal loan for work associated with remediation of the Lost Lake Dump and Maxwell site(s). As has been explained to the Council in past matters, for situations in which it is possible that intemal borrowing may be necessary to pay, on an interim basis, an obligation which will ultimately is intended to be covered with tax increment, the state laws require that the transaction be memorialized by an intemal fund loan resolution. Therefore, a proposed resolution has been prepared for consideration by the City Council. - 1578- CITY OF MOUND RESOLUTION NO. 05-._ RESOLUTION APPROVING THE TERMS OF $232,000 INTERNAL LOAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA ("CITY") AS FOLLOWS: Section 1. Background. 1.01. The HRA has requested the City for services of Barr Engineering Company, a private consultant to perform services of approved Work Order No. 3 (applicable to agreement dated Feb. 8, 2005). 1.02. The HRA has determined to repay the City for such costs consisting of up to $232,000 which will be financed on a temporary basis by the loan from Mound Water and/or Sewer Enterprise Funds, or other available city funds. Section 2. Terms of Internal Loan. 2.01. The HRA shall repay to the City fund from which the costs are initially paid, the principal amount of $232,000, or such lesser amount as was actually borrowed, together with interest on the principal amount expended accruing from the date of each initial expenditure at 2% per year. 2.02. Principal and interest ("Payments") shall be paid annually on December 31, 2006 and each December 31st thereafter to and including December 31, 2009. Payments shall be applied first to accrued interest, and then to unpaid principal. 2.03. The principal sum and all accrued interest payable under this internal loan are pre-payable in whole or in part at any time by the HRA without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this internal loan. 2.04. This internal loan is evidence of an internal borrowing by the HRA. This internal loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the HRA. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this internal loan or other costs incident hereto and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this internal loan or other costs incident hereto. 2.05. The City or HRA may amend the terms of this internal loan at any time by resolution of the City Council and the HRA including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. JBD-251928vl MU195-15 - 1579- Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel SJB-203339vl NE136-170 - 1580- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Planning Commission, Honorable Mayor and City Council Sarah Smith, Community Development Director May 16, 2005 Amendment to City Code Chapter 330 - Lot of Record Provisions Background. Staff recommends that the following amendment to City Code Chapter 330.10 be approved to clarify that "lot of record" provisions are retained for boundary adjustment, waiver of platting and subdivision exemption applications. Staff Comments. Members of the City Council are advised that the proposed revision involving "lot of record" protection for waiver of platting requests was discussed at the May 2® PC meeting, in conjunction with a land use request at 6185 Sinclair Road, and received support. If the Planning Commission and City Council recalls, "lot of record" status was preserved for the recent Subdivision Exemption request submitted by Mark Hanus. Parcel(s) involved with dock parcel subdivisions do not lose "lot of record" status. Practical application of the "boundary adjustment" regulations by Staff has preserved "lot of record" status for involved parcels. Amendments to the City Code including the subdivision regulations does not require formal review by the Planning Commission however the City Council, at its discretion, may request that the proposed amendment be remanded to the Planning Commission for review and recommendation. Recommendation. A draft ordinance to reflect the proposed revision has been provided. Staff recommends the ordinance amendments be approved. - 1581 - MINUTE EXCERPTS ,MOUND ADVISORY PLANNING COMMISSION June 6, 2005 Review of Subdivision Ordinance Amendments Retention of "lot of record" status for boundary adjustments/waiver of platting/subdivision exemptions Smith indicated this item is a formal code change to allow lot of record status to remain when accomplishing minor boundary changes such as waivers of platting, subdivision exemptions and boundary adjustments. MOTION by Miller, seconded by Mueller, to recommend approval of the amendments as proposed. MOTION carried unanimously. - 1582- CITY OF MOUND ORDINANCE NO. __-2005 AN ORDINANCE AMENDING SUBSECTION 330.10 OF THE CITY CODE (PROCEDURAL REQUIREMENTS) AS IT RELATES TO RETAINING "LOT OF RECORD" STATUS FOR BOUNDARY ADJUSTMENTS, WAIVER OF PLATTING AND SUBDIVISION EXEMPTION APPLICATIONS The City of Mound does ordain: Subsection 330.10 (A) of the Subdivision Ordinance is hereby amended to read as follows: A. Minor Boundary Adjustments. The relocation of a boundary line between two abutting, existing parcels of property; such relocation not causing the creation of a new parcel or parcels and such relocation not violating the Zoning Ordinance may be approved by the Director of Community Development and shall be submitted in a form so as to allow for recording at Hennepin County. At the discretion of the Director of Community Development, a survey may be required. Should the Director of Community Development determine that the relocation of a property boundary may have an adverse effect on either property or may circumvent applicable zoning requirements the Director of Community Development may require the boundary adjustment to be processed as a Minor Subdivision. Subsection 330.10 (B) of the Subdivision Ordinance is hereby amended to read as follows: Waiver of Platting. Any parcel of land, either platted or un-platted, that has been combined for tax purposes or for other reasons, cannot be re-separated or divided without an approved subdivision or a waiver of the platting requirements of this code. The City has many old subdivisions with small platted lots which standing alone do not meet current zoning requirements. Many of these lots have been combined for tax purposes and for various other reasons, i.e., to create a building site, to indicate a desire to combine to avoid or reduce special assessments for improvements, etc. A waiver of the platting requirement may be granted by the City Council after receipt of background information provided by City staff. A request for waiver of the platting requirements shall be signed by the property owner on forms prepared for and approved by the City Council, which shall include a provision to reimburse the City for all of its costs. This request or application for a waiver shall be referred to City Staff for review. The review by staff shall be conducted to - 1583- determine if the division or release of the tax combination and the creating of new Property Identification parcels for tax and building purposes is in compliance with City Codes and all planning and zoning standards and objectives. The staff shall prepare written findings and recommendations for the Council's consideration. The waiver of platting and the release of the tax combination may be approved if it is determined to be in compliance with all City codes. The Council may impose conditions to the waiver and shall require the payment of any deferred or forgiven special assessments that have been avoided by a tax combination. The waiver may be granted without public hearings or without referral to the Planning Commission. Nothing herein shall preclude the staff or Council from referring the matter to the Planning Commission if it is determined that their advise will be helpful in determining if the request meets the City's planning and zoning objectives. If the application for a waiver of platting requests or requires any variances from any City Code requirement, the waiver application shall be processed in accordance with Subsection 330.170 of the City Code and the request shall be referred to the Planning Commission and processed as any other variance equest under th? subd~ws~on code. (ORD. 79-1996 - 8-27-96) Subsection 330.10 (C) of the Subdivision Ordinance is hereby amended to read as follows: C. Subdivision Exemption. In any case in which compliance with Subparagraph A & B above will result in an unnecessary hardship to the property owner and the request is not contrary to the platting regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be recorded. The Council may, at its option, refer such questions to the Planning Commission for recommendation before action. (ORD. 02-2003, Passed by the City Council this __ day of .,2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Published in The Laker the __ day of ,2005 -1584- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION REAFFIRMING THE AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS WHEREAS, the City Council of the City of Mound, Minnesota, did on February 12, 1991, adopt resolution No. 91-30, entitled "Resolution Authorizing City Sponsorship in State Grant-In-Aid Snowmobile Trail Funds"; and WHEREAS, the Department of Natural Resources is requesting that the City again reaffirm its sponsorship of the State Grant-In-Aid Snowmobile Trail funds; and WHEREAS, the Southwest Trails Association has requested the City of Mound to sponsor grant-in-aid snowmobile trails through the Minnesota Trails Assistance Program; NOW, THEREFORE BE IT RESOLVED that the City Clerk is authorized to apply to the Department of Natural Resources for the Minnesota Trail Assistance program on behalf of the Southwest Trails Association; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to execute and approve contractual agreements for this grant. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -1585- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC GATHERING PERMIT Use of a public park or commons by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash and provide a deposit to insure cleaning up of the park area. PERMIT FEE: $300/DAY ~'~O.~[/~j~ Date of Use Area to be Used TimeFrame Intended Use ~ Expected Attendance Organization Representative's Name Address , C-~ ~ .~ Telephone No. Home: ~2 Drivers License Number Work: ~f,Z ~r~O- ~ ~30)-- - 1586- CITY OF MOUND ORDINANCE NO. 08-2005 AN ORDINANCE AMENDING SECTION 800 OF THE CITY CODE AS IT RELATES TO LIQUOR LICENSES The City of Mound does ordain: Subsection 800.35 is hereby amended as follows: Subd. -12- 11. Employment of Under A.qe Persons. Except as authorized by Chapter 340A of Minnesota Statutes, no person under age 21 shall be employed on any licensed premises. Passed by the City Council this 14th day of June, 2005. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk Published in The Laker the 18th day of June, 2005. Effective the 19th day of June, 2005. - 1587- CITY OF MOUND ORDINANCE NO. 09-2005 AN ORDINANCE AMENDING SECTION 810 OF THE CITY CODE AS IT RELATES TO BEER LICENSES The City of Mound does ordain: Subsection 810.35, is hereby amended as follows: ..................................... , ~ ............... ,. may ........ aL ~---, ...., +"'~.-, - '"'~"'~.-, .-,- ~""~,--- ,-~ ,-~-,-, ,. '"~' '~"~ ...... --, .--~ -,.-~"~--, ,--, ,,-..a ."!!. '";-~..., ,--..- ..... ,.,;" t~-,,- frcnL --~ ~-~ ~m~h "1~ ~11 ~ A~ .l~r.l~ ~"A ~ ~;~ A~th ~.~kAI. ;--+--rl.r ~N~II ~mnr~ rOOm ~; ~h r~n~r~n~ ~ hnn~ ~r ~;nn~r~ ~ t*~;~h ~r~ nr~n~ n~l I~ ~n ~;v n~r~n~ Subd. !0 09. Searches and Seizures. Any peace officer may enter, inspect, and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquor found on the licensed premises in violation of Subd. 8. Subd. -t4. 10. Licensee Responsibility. Every licensee shall be responsible for the conduct of his or her place of business and shall maintain conditions of sobriety and order. Passed by the City Council this 14th day of June, 2005. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk Published in The Laker the 18th day of June, 2005. Effective the 19th day of June, 2005. - 1 588- CITY OF MOUND RESOLUTION NO. 05-__ RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS AT TUXEDO BOULEVARD AND PIPER ROAD WHEREAS, a representative of Al & Alma's Supper Club contacted the city regarding the installation of pedestrian cross-walks at Tuxedo Blvd and Piper Road; and WHEREAS, it has been determined by the Police Department and Public Works that crosswalks are not feasible in that area due to the topography of the streets; and WHEREAS, during the investigation it was concluded that there is a need for a three- way stop sign at the intersection of Tuxedo Blvd. and Piper Road, due to vehicle traffic, road design, location of city park, diagonal intersection, and large pedestrian event traffic, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota: To hereby authorize and direct the installation of three-way stop signs at Tuxedo Boulevard and Piper Road Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1589- To~ City Manager Kandis Hanson From: Police Chief Jim Kurtz Date: June 1, 2005 Subject: Request for Council action - 3-way stop - Tuxedo Boulevard / Piper Road On May 10, 2005, I was contacted by Jay Soule who is the manager of A1 & Alma's Supper Club regarding the installation of pedestrian cross-walks at Tuxedo Boulevard and Piper Road. According to Soule, increased traffic in the area and limited lighting has created a hazard for customers and other pedestrians who need to cross the street to access the lake and city park. Public Works Director, Carlton Moore and I went to Al & Alma's and spoke with Soule about his concerns. We surveyed the site and informed Soule that we could not support a pedestrian cross-walk in the area due to the topography of the streets. It's our opinion that the streets are simply too hilly and curvy to allow for a safe pedestrian cross-walk. As we surveyed the site we concluded that there was a need for a three-way stop sign at the intersection of Tuxedo Boulevard and Piper Road. We believe a three-way stop is warranted due to vehicle traffic, road design, location of city park, diagonal intersection of Piper Road, large pedestrian event traffic, and a man was hit by a car and seriously injured near the location. I would like to request a Council Resolution authorizing the installation of a three-way stop at the intersection of Tuxedo Boulevard and Piper Road and a stop sign advisory sign at Drummond Road. We believe once the intersection is properly posted with stop signs it will create a safe environment for future cross-walk plans. - 1590- - 1591 - - 1592- - 1593- --I (,.- X (D Q. 0 ~-- I 0 :::3' o__,, 3> - 1594- Hennepin County Taxpayer Services Elections/Voter Registration A-600 Government Center 300 South 6th Street Minneapolis, MN 55487-0060 612-348-5151, Phone 612-348-9677, Fax www.co.hennepin.mn.us May 26,2005 Bonnie Ri~er City of Mound 5341Maywood Road Mound, MN 55364 Dear Bonnie, Enclosed please find a consent of assignment of contract between the City of Mound, Independent School District No. 277 and Hennepin County for use of Mound's county-owned election equipment by the school district in this fall's election. Please note that this is a three-way agreement that must be approved by all three parties. This original document must be signed and dated by the proper authority. Please forward the signed agreement to the Westonka School District for their approval and signature. They should then mail the original document back to our office. After the County Board's approval, and when the document is finalized, we will forward a copy to you and to School District No. 277. Please note the county attorney has approved the language in the agreement so that it is standard for all jurisdictions using equipment this fall. Because it is a pre- approved standard agreement your city and the school district must approve all of the clauses and language contained within with no additional changes. If there are additional conditions you feel are needed please do so in a separate agreement between your city and the school district. Sin~ David Maeda Elections Specialist Enclo: Agreement No. A050934 An Equal Opportunity Employer - 1 5 95 - Recycled Paper Agreement No. A050934 HENNEPIN COUNTY, WESTONKA SCHOOL DISTRICT 277 AND THE CITY OF MOUND CONSENT OF ASSIGNMENT OF CONTRACT NO. A050934 THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, the INDEPENDENT SCHOOL DISTRICT 277 AND THE CITY OF MOUND, all political subdivisions of the State of Minnesota, hereinafter referred to as the "Countv", the "School District" and "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487, the address of the City is 5341 Maywood Road and the address of the School District is 5901 Sunnyfield Rd E. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99-6-426 authorized the purchase of election equipment (hereinafter "Election Equipment") for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County pursuant to Minn. Stat. § 383B;145, Subd. 9 may transfer County property from the City to the School District for the School District's use; and WHEREAS, the County desires to lease Election Equipment to the School District for use at the 2005 School District general and/or special elections; and NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, the City and the School District agree as follows: 1.1 Section 1 SCOPE OF AGREEMENT The County hereby leases to the School District at the cost identified below and subject to the terms and conditions of this Agreement, and the School District hereby agrees to lease from the County Election Equipment identified as: one (1) Model 100 Optical Scan Precinct Count Unit including two (2) PCMIA memory cards, one (1) Model 100 metal ballot box, and one (1) Model 100 cover carry case for polling places contained within the School District. - 1596- 1.2 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the County Election Equipment included within the scope of this agreement. Hennepin County hereby delegates authority to execute such an addendum to the County Auditor. 2.1 2.2 Section 2 OWNERSHIP The City and the School District acknowledges that the County owns the Election Equipment and that the School District is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. The School District acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ESS) and is protected under federal copyright law or other laws, rules, regulations and decisions. The School District shall protect and maintain the proprietary and trade secret status of the Election Equipment. 3.1 Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION The School District shall be responsible for the Election Equipment while it is in the possession of the School District. The School District either through insurance or a self-insurance program shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment while this contract is in effect, consistent with the School District's defense and indemnity obligations contained in Section 5.6 herein. 4.1 Section 4 TERM, TERMINATION The City, the School District and the County agree that this Agreement is in effect during the period commencing upon signature by the County and terminating when the School District returns the equipment to the City or December 31, 2005, whichever is sooner. 2 - 1597- 5.1 5.2 5.3 5.4 5.5 Section 5 OTHER TERMS AND CONDITIONS No Waiver. No delay or omission by any party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by any of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to any party at law, in equity, or otherwise. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by both parties. No Assignment. None of the parties shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of all of the other parties, and any attempt to do so shall be void and of no force and effect. THE SCHOOL DISTRICT AGREES THAT THE COUNTY IS FURNISHING THE ELECTION EQUIPMENT ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ES&S, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE ELECTION EQUIPMENT. THE COUNTY'S AND THE CITY'S SOLE LIABILITY AND THE SCHOOL DISTRICT'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE ELECTION EQUIPMENT FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT WILL BE ERROR FREE. 3 - 1598- 5.6 5.7 5.8 THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS AGREEMENT OR THE ELECTION EQUIPMENT. In no event shall the County or the City be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County, the City and the School District agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the School District: Mary Landberg Westonka School District 277 5901 Sunnyfield Rd E Minnestrista, MN 55364 To the City: Bonnie Ritter City of Mound 5341 Maywood Road Mound, MN 55364 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 Audit Provision. All parties agree that any party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and - 1599- 5.9 5.10 5.11 5.12 5.13 5.14 5.15 procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the pedod of the contract and for six (6) years after its termination or cancellation. Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the School District, the City and the County hereof shall survive the completion of performance and termination or cancellation of this Agreement. Authority. The person or persons executing this Lease Agreement on behalf of the School District, the City and the County represent that they are duly authorized to execute this Lease Agreement on behalf of the School District, the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. For lease of the Model 100 Optical Scan Precinct County Units, the School District shall: Pay the City the amount of twenty-five dollars ($25) per Model 100 Optical Scan Precinct Count Unit upon receipt of billing for use of the equipment. Maintenance Agreement. The school district shall obtain the services furnished by the Maintenance Agreement directly from Election Systems & Software, Inc. The annual fee for said Maintenance Agreement shall be One Hundred Twenty- eight dollars ($128) per unit, and any increase in the fee shall not exceed three percent (3%) of the prior two (2) year Maintenance Agreement with the County. The School District shall reimburse the County for the County's out-of-pocket costs in securing the Maintenance Agreement at the time of renewal of said agreement by the County. Payment by the School District shall be made within thirty-five (35) days of receipt of invoice. Program Service. The County shall, without charge, provide programming services to the School District. Transporting and Return of Equipment. The School District shall be responsible for the transporting of the equipment from and to the City. Upon termination of this Agreement, the School District shall forthwith deliver the Election Equipment to the City or its designee, complete and in good order and working condition. The School District shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. 5 - 1600- COUNTY BOARD APPROVAL The SCHOOL DISTRICT having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the __ day of , 2005 and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form Assistant dounty Attom~ Date: Approved as to execution COUNTY OF HENNEPIN STATE OF MINNESOTA By:. Chair of Its County Board And: Assistant/County Administrator Assistant County Attorney Date: ATTEST: Deputy/Clerk of County Board SCHOOL DISTRICT Approved as to form By:, School District Attorney Date: By: School District CITY Approved as to form By: City Attorney Date: By: City 6 - 1601 - THIS PAGE IS INTENTIONALLY LEFT BLANK 602- LICENSE THIS INDENTURE of License, dated as of the 14th day of June, 2005, by and between THE CITY OF MOUND, a Minnesota municipal corporation, hereinafter referred to as "Grantor", and the WESTONKA HISTORICAL SOCIETY, a Minnesota non-profit corporation, hereinafter referred to as "Grantee". DEFINITION: "Licensed Premises" - The area designed by the Grantor on the first floor of City Hall located at 5341 Maywood Road. TERM: EARLY TERMINATION: 1. A. Term. In consideration of Grantee's performance of Grantee's obligations under this License, Grantor hereby Licenses the Licensed Premises to Grantee for a term commencing on June 14, 2005 (the "Commencement Date") and expiring on the first anniversary date (the "Expiration Date") unless sooner terminated as provided for in this License. At Grantee's option, upon written notice to Grantor given no later than one month prior to the Expiration Date, Grantee may renew this License for an additional term of one year, subject to all other provisions of this License. B. Termination. In addition to the right to termination contained in Section 9, this License may be terminated by either Grantor or Grantee at any time. Such termination of this License will be effective 30 days following the giving of notice to terminate this License. If the License is terminated by Grantor for reason other than contained in Section 9, the Grantee will be refunded a prorate portion of the License Fee. LICENSE FEE: 2. License Fee. On or before the Commencement date, the Grantor shall pay the Grantor as and for the annual license fee the amount of $300. At the time of any annual renewal of this License, the Grantor shall be entitled to increase the License fee in an amount equal to the increased costs and expenses incurred by Grantor in owning the Licensed Premises. Payment of the License fee shall be made to the City of Mound, 5341 Maywood Road, Mound, Minnesota 55364. USE RESTRICTIONS: 3. Grantee shall use the Licensed Premises as and only for storage of artifacts including, without limitation, usual papers, historical books, tools, and photographs; and as work space for cataloging items and creation displays. Grantee shall not use the Licensed Premises for the storage, handling, transportation or disposal of any Hazardous Substance, Hazardous Waste, pollutant or contaminant as those terms are defined in 42 U.S.C. § 9601 et seq. (CERCLA) or Minn. Stat. Ch. 115B (MERLA). 1 - 1603- UTILITIES AND OPERATING COSTS: 4. The License fee is intended to cover all charges for reasonably anticipated use of water and sewer, garbage and refuse removal, electricity and any other utility services furnished to the Licensed Premises. The Grantor reserves the right to separately charge the Grantee for any extraordinary utility usage by Grantee. MAINTENANCE AND REPAIR OF THE LICENSED PREMISES: 5. Grantee shall, at all times throughout the term of this License, and at its sole expense, clean, keep and maintain the Licensed Premises in a condition of good and safe repair. ALTERATION OR IMPROVEMENT OF THE LICENSED PREMISES: 6. Grantee shall not 'make additions or improvements in or to the Licensed Premises without Grantor's prior written consent. INDEMNIFICATION; CONVENANTS TO DEFEND AND HOLD HARMLESS: 7. Grantee represents as follows: a. It has inspected the Licensed Premises, is fully aware of their nature and condition, and has independently determined that the Licensed Premises are suitable for the intended purposes without the need for any repairs, alterations or modifications. b. It is aware that the Licensed Premises are not separated or partitioned from the other areas, and that the others areas are accessed and used by others, including but not limited to employees of the Grantor, that the entire first floor shares common access through common doorways, that others, including but not limited to employees of Grantor will have access to the first floor and that Grantor has no duty to Grantee to control, limit or otherwise restrict access to the first floor. c. It is aware that the Grantor does not, nor will it have insurance which would cover the loss, damage or destruction of items kept by the Grantee on the Licensed Premises or any improvements made by Grantee to the Licensed Premises. On the basis of the foregoing, and to induce the Grantor to enter into this License, the Grantor accepts the Licensed Premises AS IS and with all defects, and agrees that Grantor will not be holden or liable for any loss or damage which may be sustained by the Grantee by reason of any condition of the Licensed Premises, including, without limitation, freezing, bursting, overflowing or defect in any water, sewer, gas or steam pipes, closets or sinks in or about the Licensed Premises or from premises overhead, nor from any loss or damage which directly or indirectly may be 2 - 1604- sustained by water, damp, sewer or gas, nor for loss or damage caused by water, ice or snow from walls, roofs, floors or otherwise, nor for loss or damage by reason of the present or future condition of repair of said Licensed Premises, or from acts or omissions by Grantor or its agents. 8. Grantee releases and holds Grantor harmless from and will indemnify and defend Grantor against any claim or liability arising in any manner from Grantee's use, improvement or occupancy of the Licensed Premises, or relating to the death or bodily injury to any person or damage to any personal property present on or located in or upon the Licensed Premises, including the person and personal property of Grantee's employees and all persons in or upon the Licensed Premises at Grantee's invitation or sufferance. DEFAULT OF GRANTEE: 9. A. Events of Default: The occurrence of any one or more of the following events shall constitute an Event of Default: (1) Grantee's attempt to sublicense any portion of the Licensed Premises, or assign its interests under this License; (2) Grantee's failure to fully perform any of the Grantee's obligations, which failure remains uncured for thirty (30) days following Grantor's written notice to Grantee of Grantee's failure to perform such obligation. B. Grantor's Remedies: If an Event of Default occurs, Grantor shall have the following remedies: (1) Grantor may terminate this License by written notice to Grantee in which case Grantee shall vacate the Licensed premises. Such termination shall be effective 15 days following the date of giving notice. (2) In addition to all other remedies of Grantor, Grantor shall be entitled to reimbursement upon demand of all reasonable attorneys' fees which Grantor incurs in connection with any Event of Default. (3) Grantor may initiate legal proceedings to enforce the provisions of this License. No remedy provided for herein or elsewhere in this License or otherwise available to Grantor by law, statute or equity, shall be exclusive of any other remedy, but all such remedies shall be cumulative and may be exercised from time to time as often as the occasion may arise. GENERAL: 10. Grantor's Disclaimer of Warranty: Grantor disclaims any warranty or representation regarding the condition of the Licensed Premises, or that the Licensed Premises is suitable for Grantee's use. a. Relationship of Grantor and Grantee: The License does not create the relationship of principal and agent or of partnership or of joint 3 - 1605- venture or of any association between Grantor and Grantee, the sole relationship between the parties hereto being that of Grantor and Grantee under this License. b. Entire Agreement and Amendment: This License constitutes the entire agreement between the Grantor and Grantee affecting the Licensed Premises and there are no other agreements, either oral or written, between them other than said documents and as are herein set forth. No subsequent alteration, amendment, change or addition to this License shall be binding upon Grantee or Grantor unless reduced to writing and executed in the same form and manner in which this License is executed. 11, No Claim Upon Termination. Grantee acknowledges that Grantor is willing to enter into this agreement and provide the Grantee the use of the Licensed Premises only because Grantee, in addition to performing its obligations hereunder, waives any claim it may have based upon Grantor's termination of this Agreement whether based upon the value of the Licensed, or for any other reason known or unknown at'this time. IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. GRANTOR: City of Mound GRANTEE:, Westonka Historical Society By: By:. Kandis Hanson Its: City Manager Its: 4 - 1606- CITY OF MOUND MEMORANDUM 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com May 26, 2005 TO: MAYOR AND COUNCIL FROM: KANDIS M. HANSON, CITY MANAGER SUBJECT: CBD Parking Program As you might know, in 2004 the City Council took action to extend the existing CBD program until June 30, 2005. After this date, unless extended by the Council, the program will no longer exist. If it is your intent to extend this program for one more year, there will be a direct impact on the City budget. We do not have all the costs for the year 2004-2005, but for the year 2003-2004 they were as follows: Snow plowing by City $ 2,600 CBD Lease payments 5,800 Total Cost 8,400 Less Assessments (1,300) Net Cost to City $ 7,100 The Council could consider one of the following options: Continue the CBD program as is for one more year. Terminate the program at the end of the 2004-2005 season. Continue the program for one more year and charge the CBD district for all direct costs incurred by the City. Continue the program for one more year and charge the CBD district for snow plowing at 1/4 of the cost plus the lease payments. Given the parking concerns that we still have in our downtown area, the administration recommends that the program be extended as is for one more year. If you have any questions, please contact me at 952-472-0609. cci Gino Businaro, Finance Director Greg Skinner, P. W. Superintendent _printed on recycled paper 1607- 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com MEMORANDUM TO: FROM: DATE: RE: Pat Meisel and Coun/~ ~/~ Mayor City Jims/23/05Fackler, Park Superintend~ ~ Overland Lane Rip-Rap Proposal On April, 21, 2005, the DCAC approved the rip-rapping of 44' of Overland Lane. Staff sent out letters to three contractors and received two quotes: Minnetonka Portable Dredging, Inc Concept Landscaping 44' ~$80.00/ft ........... $3,520.00 44' ~$100.00/ft .........$4,400.00 The contractor understands that they must meet the attached MCWD rules for Shoreline and Streambank Improvements, and that they must obtain all required permits from governing agencies prior to the work commencing. The contractor also understands that the City of Mound retains the right to reduce the lineal footage listed above so as to meet current budget limitations. On May 19, 2005, the DCAC made the recommendation for Minnetonka Portable Dredging, Inc to complete the rip-rapping of 44' of Overland Lane and has forwarded the recommendation to the City Council for final approved. attachments/dew _printed on recycled paper 1608- CITY OF IND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEE~: www. cityofrnound.com TO: FROM: DATE: RE: DCAC Jim Fackler, Park Superintend~~;'~// May 17, 2005 Overland Rip-Rap Staff received two bids for rip-rapping Overland Lane: Minnetonka Portable Dredging, Inc Concept Landscaping 44' ~$80.00/foot .........$3,520.00 44' ~$100.00/foot ........$4,400.00 Staff is requesting DCAC approval for Minnetonka Portable Dredging, Inc, to complete 44' of rip-rap on Overland Lane. All rip-rap must meet the attached current MCWD rules for Shoreline and Streambank Improvements. attachments/dew __printed on recycled paper 1609- DOCKS AND COMMONS ADVISORY COMMISSION MINUTES May 19, 2005 Present: Commissioners Jim Funk, Greg Eurich, Gerald Jones, Michelle Olson, Council Representative Mike Specht, Park Superintendent Jim Fackler, Secretary Deniee Widmer Absent/Excused: Frank Ahrens Chair Jim Funk called the meeting to order at 7:30pm 1. Av_vroval of April. 21, 2005 Minutes MOTION by Specht to approve the April 21, 2005 Minutes. SECOND by Jones. Motion carried. 2. Agenda Changes. None 3. Comments and suggestions from citizens present. None present 4. Discuss: Rip-Rap Request on Phelps Bay Fackler gave a brief overview of the Overland Lane rip-rap request, stating that the lowest bid for the rip-rap of 44' had come fxom Minnetonka Portable Dredge. There was some confusion as to the Phelps Bay request, but Faekler pointed out that Secretary Widmer should not have had this an Agenda Item, but rather, as an FYI only for discussion later on in the fall. Also stated that Secretary Widmer should also have included the pictures of Overland Lane from last month in the bid information packet and that the colored pictures of Phelps Bay should not have been handed to the commission. Fackler asked for a recommendation for Minnetonka Portable Dredge to complete the rip-rapping of 44' at Overland Lane. MOTION by Funk to recommend that the Iow bidder, Minnetonka Portable Dredge, be contracted to complete the rip-rapping of 44' at Overland Lane at a cost of $80.00 per foot for a total of $3,520.00. SECOND by Jones. Motion carded. 5. Discuss: Change to Mound City Code 437.05, subd 2, Residency Fackler explained that in an attempt to eliminate individuals who reside outside the City of Mound, but retain an uninhabitable/unoccupied home in Mound, from being eligible to participate in the Docks Program, staff has proposed removing "or summer resident" from the Code and adding the definition of Resident as "an individual who resides within the boundaries of the City of Mound, Minnesota, Docks and Commons Advisory Commission Minutes 5/19/2005 -1610- Minnetonka Portable Dredging, nc. May 2, 2005 Bill & Tom Niccum 500 West Lake Street Excelsior MN 55331 952-474-9454 952-474-6712tax Jim Fackler, Park Superintendent City of Mound 5341 Maywood Road Mound MN 55364 RE: Proposed Overland Lane Riprap Approximately 44' ofriprap ~ $80.00/foot ............ $3,520.00 All work to be as specified per City of Mound Proposed Rip-Rapping plan dated April 29, 2005. Thank you, ~ Tom Niccum Minnetonka Portable Dredging -1611 - Concept Landscaping, Inc. 3153 Priest Lane, Mound, IVIN 55364 PROPOSAL MN. Conm~'tor LIC. #000-8997 Shoreline Contractor Bond #LF01-05553 (952)472-4118 City of Mound 5341 Maywood Road Mound, MN 55364 att ~Iim Faclder 5/5/2005 ' Proposed RiP-l~p Install 6" to 24" Fieldstone Boulder Rip-Rap, includes DNR approved filter fabric, MN/DOT 3601-B filter rock, Class 4 Fieldstone Boulders and a 24" to 30" buried toe, alon§ the following shoreline: item distance sm~;~;;er price A Overland Lane 44' $4400.00 Note: The Minnehaha Creek Watershed District has changed a rule for class 4 rip-rap. All class 4 rip-rap shall have a buried toe boulder not to exc~d 30". One haif of the boulder must be buried. Please see new side section attached. No~e: Our rip-rap will top out at 931 to 931.5. Any thing above that is not a part of this bid. (stump removal by others if desired) We propose hereby w furnish material and labor:--compl~ in acoordance with th~ above specifioafions. Terms: Payment due upon Completion of each above listed project. All material is guarant~d to be as spcoifictL AH work to be oompletod in a worknumship lil~ manner according to standsrd praofices. Any altermious or deviations, verbal or wr~ from ~hc above spcoifioafions involving extra costs arc cx~ra fmd will become an extra fire tornado and other n~xy insurance. Our worke~ arc fully cove~l, by work, rs compmsadon insura~. Acceptance of Proposal-Thc above prices, specifications and conditions are sadsfaotory and h~u'oby acc~. You sro authorized to do the work as specified. Paym~t will bo made as outlined above. -1612- -1613- April 29, 2O05 To: From: Subject: Prospective Contractor Jim Fackler, Park Superintendent 2005 Proposed Rip-Rapping Below is the rip-rapping location that the City of Mound is seeking qUotes for completion in 2005: A. Overland Lane Approximately 44 Ln Ft Please provide a quote based on the lineal footage for rip-rap described in the Basic Specifications Sheets provided with this correspondence. Be advised that the City of Mound retains the fight to reduce the lineal footage listed above so as to meet current budget limitations. All required permits from governing agencies must be obtained by the contractor prior to work commencing. All quotes must be received by the City of Mound by noon on May 12, 2005 and will have to be approved by the City Council. If you would like to visit the proposed sites, please feel free to contact me at 952-472- 0611. Attachments: Minimum Rip-Rap Specifications Description Location Map -1614- April 29, 2005 MAILiNG LIST FOR RIP-RAP 2005 Concept Landscaping, Inc 3153 Priest Lane Mound, MN 553 64 Dock and Lift 3790 Meadow Lane Excelsior, MN 55331 Minnetonka Portable Dredge Co 500 West Lake Street Excelsior, MN 55331 -1615- MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS REVISIONS PURSUANT TO MINNESOTA STATUTES §103D.341 Adopted January 13, 2005 RULE F: SHORELINE & STREAMBANK IMPROVEMENTS l. POLICY. It is the policy of the Board of Managers to: (a) Assure that improvement of shoreline and streambank areas to prevent erosion complies with accepted engineering principles in conformity with DNK construction guidelines; (b) Preserve the natural appearance,of shoreline and streambank areas; and (c) Encourage and foster bioengineering, landscaping and preservation of natural vegetation as preferred means of stabilizing shorelines and strearnbanks. 2. REGULATIONS. (a) No person shall install an improvement to prevent erosion of the shoreline of a water basin or public waters wetland or the bank of a watercourse, including but not limited to riprap, a retaining wall, a bioengineered installation, a sand blanket or a boat ramp, without first securing a permit under this Rule and providing a surety pursuant to Rule K. Planting of vegetation not intended to provide deep soil structure stability does not require a permit under this Rule. (b) A fast track permit may be issued for routine riprap projects that conform to the requirements set forth in paragraph 3(b) of this nde. (c) A fast track permit may be issued for routine sandblanket projects that conform to the requirements set forth in paragraph 6 of this nde. (d) Maintenance of an existing shoreline or strearnbank improvement does not require a permit under this role unless it involves the addition of new material to the improvement or, for projects other than riprap, structural change in the improvement. (e) An improvement within the meaning of the rule shall also include any water control structure affixed to the bed or bark of a waterbody. 1 -1616- 3. CRITERIA FOR RIPRAP PLACEMENT. Riprap placement shall comply with the following criteria: (a) General standards: (i) Riprap material shall be durable, natural stone and of a gradation that will result in a stable shoreline embankment. stone, granular filter and geotexfile shall conform to Sections 3601.1 and 3601.2, Standard Specifications for Construction, Minnesota Department of Transportation (2000 ed.), as it may be amended. All materials shall be nonpolluting. (2) The finished slope of the rock fragments, boulders and/or cobbles shall not be steeper than a ratio of 3 feet horizontal to 1 foot vertical (3:1) under normal conditions. Steeper slopes will generally require larger sized riprap. Any rock/boulder stabilization project with a proposed finished slope steeper than 2:1 (horizontal to vertical) shall be evaluated as a retaining wall~. (3) Horizontal encroachment from a shoreline shall be the minimum amount needed and shall not interfere unduly with water flow. Under normal conditions, no riprap or filter materiqls shall be placed more than 5 feet waterward of a shoreline, measured from the ordinary high water level (OHW) elevation. The maximum shoreline encroachment waterward of the OHW is 10 feet. Streambank riprap shall not reduce the cross-sectional area of the channel or result in a stage increase of more than 0.01 feet at or upstream of the treatment. (4) A transitional layer consisting of graded gravel, at least 6 inches deep, and an appropriate geotextile filter fabric shall be placed between the soil material of the existing shoreline and the riprap to prevent erosion of the embankment and to prevent settlement. (5) The design shall reflect lhe engineering properties of the underlying soils and any soil corrections or reinforcements. For a shoreline, the design shall conform to engineering principles for dispersion of wave energy and resistance to deformation from ice pressures and movement, considering prevailing winds, fetch and other factors that induce wave energy. For a streambank, design shall conform to engineering principles for the hydraulic -1617- behavior of open channel flow, considering channel slope, velocity and tractive forces. (6) Riprap shall conform to MnDOT Class IH/IV, The thickness of the riprap layem should be at least 1.25 times the maximum stone diameter. Toe boulders shall be at least 50 percent buried and may be as large as 30 inches in diameter. (7) Riprap shall extend no higher than the top of bank, or two feet above the 100-year high water elevation, whichever is lower. (8) A riprap placement design for a streambank or channel shall be certified as structurally sound and in accordance with the requirements of this Rule by a registered professional engineer in the State of Minnesota in the practice of civil engineering. (b) Routine riprap projects eligible for a'fast track permit: Shoreline riprap projects shall qualify for a fast track permit issued and signed by an authorized representative of the District so long as the project meets the following specifications: (1) Pdprap material shall be durable stone meeting the size and ,gradation requirements of MnDOT Class III or IV riprap; (2) The finished slope of the stone shall not be steeper than 3 feet horizontal to 1 foot vertical (3H:IV); (3) Property comers and lines that delineate the lineal feet of shoreline to be treated shall be located and staked prior to beginning work; (4) Riprap or filter materials shall not be placed more than 5 feet waterward of the staked OHW or NOHW, and shall not be placed on property not owned by the applicant; the encroachment into the water is the minimum amount necessary to provide protection and does not unduly interfere with the flow of the water. (5) A transitional granular filler meeting the requirements of MnDOT 3601.B, at least 6 inches in depth, shall be placed between the native shoreline and the riprap to prevent erosion of the fmc grained soils. A geotextile fabric 3 -1618- meeting the requirements of MnDOT 3733 shall be placed beneath the transitional layer to enhance stability; and (6) Undeflyin$ native soils shall not be classified as organic soils or peat. (c) Riprap installed pursuant to a District permit shall be maintained within slope and encroachment constraints established in the permit. 4. RIPRAP REQUIRED EXHIBITS. The following exhibits shall accompany the riprap permit application. One full-size; one set-reduced to maximum size of 11" x 17". (a) Site plan showing: Survey' locating the existing OHW contour, existing shoreline or streambank, floodplain elevation, and location of property lines; Elevation contours of the upland within 15 feet of the OHW and referenced to accepted datum; and Plan view of locations and lineal footage of the proposed riprap treatment. The plan shall show the location of an upland baseline parallel to the shoreline with stationing. The baseline shall be staked in the field by the applicant and maintained in-place until project completion. Baseline origin and terminus each shall be referenced to three fixed features meastred to the closest 0.05 foot, with measurements shown and described on the plan. Perpendicular offsets from the baseline to the OHW shall be measured and distances shown on the plan at 20- foot stations. The plan shall be certified by a registered engineer or surveyor. (b) Cross section detailing the proposed riprap, drawn to scale, with the horizontal and vertical scales noted on the drawing. The detail should show the finished riprap slope, transitional layer design and placement, distance lakeward of the riprap placement, ordinary high water level elevation and material specifications. (c) Description of the underlying soil materials that will support the riprap. (d) Material specifications for stone, filter material and geotextile fabric. (e) Specification of erosion control and site stabilization practices. 5. GUIDELINES. The engineer shall publish or make available to interested persons a typical cross-sections for shoreline and streambank protection in compliance with this rule. 6. CRITERIA FOR LAYING SANDBLANKETS. All permitted sandblanketing shall comply with the following standards. -1619- (a) The sand or gravel used must be clean prior to being spread. The sand must contain no toxins or heavy metal, as defined by the MDNR, and must contain no weed infestations such as, but not limited to, water hyacinth, alligator weed, and Eurasian watermilfoil, or animal life infestations such as, but not limited to, zebra mussels or their larva. Violators will be prosecuted to the full extent of the law. (b) The sand layer must not exceed six inches in thickness, 50 feet in width along the shoreline, or one-half the width of the lot, whichever is less, and my not extend more than ten (10) feet waterward of the ordinary high water mark. (c) Only one installation of sand or gravel to the same location may be made during a four year period. After the four years have passed since the last blanketing, the location may receive another sandblanket. No more than two applications may be made by an individual landowner during their residency at an individual project site. (d) Exception. Beaches which are operated by governmental entities, and available to the public, shall be exempted from the following restrictions: (i) that sandblankets be no more than 50 feet in width. See subsection (6. b.) of this rule; and (ii) that sandblankets be installed no more frequently than once every four years. See subsection (6.c.) of this rule. Permits shall be required for all public beach sandblankets. 7. SANDBLANKET REQUIRED EXHIBITS. The following exhibits shall accompany the sandblanket permit application. (a) Site plan showing property lines, delineation of the work area, existing elevation contours of the adjacent upland area, ordinary high water elevation, and regional flood elevation (if available). All elevations must be reduced to NGVD (1929 datum). (b) Profile, cross sections and/or topographic contours showing existing and proposed elevations and proposed side slopes in the work area. (Topographic contours should be at intervals not greater than 1.0 foot). (c) A completed Sandblanket Permit Application form, available from the District. 8. CRITERIA FOR RETAINING WALLS. (a) A new retaining wall, or repair/reconstruction of an existing retaining wall that increases floodplain encroachment beyond that required by technically sound and accepted repair/reconstruction methods, is permitted only pursuant to a variance or an exception under District Rule I. The 5 - 1620- applicant must demonstrate that there is no adequate stabilization alternative. ' Co) Wooden seawalls and/or steel sheetpiling retaining walls shall comply with accepted engineering principles. (c) The applicant shall submit a structural analysis prepared by a professional engineer registered in the State of Minnesota, in the practice of civil engineering, showing that the wall will withstand expected ice and wave action and earth pressures. (d) The applicant shall submit a survey prepared by a registered land surveyor locating the finished wall and shall file a certificate of survey with the District. 9. CRITERIA FOR OTHER SHORELINE IMPROVEMENTS. Other shoreline improvements, such as boat ramps, shall comply with accepted engineering principles. - 1621 - - 1622- TOTRL P. 02 Approved 5/19/2005 DOCKS AND COMMONS ADVISORY COMMISSION MINUTES April 21, 2005 Present: Commissioners Jim Funk, Crreg Eurich, Gerald Jones, Michelle Olson, Council Representative Mike Specht, Park Superintendent Jim Fackler, Dock Administrator Katie HolY, Secretary Denice Widmer Absent/Excused: Frank Ahrens Chair Jim Funk called the meeting to order at 7:32pm. 1. Approval of March 17, 2005 Minutes MOTION by Jones to approve the March 17, 2005 Minutes. SECOND by Olson. Motion carded. 2. Agenda Changes. None 3. Comments and suggestions from citizens present. None present 4. Discuss: 2005 Rio Rap Fackler gave a brief explanation of the request to rip-rap 44' on Overland Lane. There is one city dock located next to a private dock. The private dock is having rip-rap done and the city dock holder requested that his area also be rip-rapped at the same time, if possible. Fackler stated that he would get a quote from the contractor and two others. MOTION by Funk to rip-rap 44' on Overland Lane. SECOND by Specht. Motion carded. Fackler stated that he will be holding rip-rap down to $20,000 to compensate for the overage in 2004, so completing the approved Idlewood rip-rapping may have to wait until the fall of 2005 or spring of 2006. 5. Discuss.: Work Rules Brief discussion. No changes. 6. Discuss: Change to City Code 437.05, subd 2 Fackler gave a brief explanation of the reason for the code change and the removal of"summer resident" and the addition of the definition of" permanent resident", adding that the program would not be impacted until 2006 This item was tabled until the May 19, 2005 meeting. Docks and Commons Advisory Commission Minutes 4/21/2005 - 1623- - 1624- Executive Summary Hoisington Koegler Group Inc. TO: Mound City Council, Planning Commission and Staff FROM: Rita Trapp, Consulting City Planner DATE: June 9, 2005 SUBJECT: PC Cases #05-18 & #05-19 Hatchett Minor Subdivision and Variance The Planning Commission reviewed this case at their June 6th meeting where a motion for approval of both the minor subdivision and variance was recommended. No major issues of concern were raised at the Planning Commission meeting. Both Staff and Planning Commission are recommending approval of the request. Members of the Council are advised that two resolutions based on the Planning Commission's recommendation to approve the minor subdivision and the variance have been prepared. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1625- ,MINUTE EXCERPTS ,,,MOUND ADVISORY PLANNING COMMISSION June 6, 2005 CASE 05-18 / 05-19 Minor Subdivision & Variance 1645 Eagle Lane- Jim Hatchett Planner Rita Trapp introduced the application. MOTION by Mueller, seconded by Osmek, to recommend approval per staff with the adjustment to the utility easement along Jennings Road. MOTION carried unanimously. - 1626- RESOLUTION # 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A MINOR SUBDIVISION AND A 16.5 FOOT FRONT YARD SETBACK VARIANCE FOR THE PROPERY LOCATED AT 1645 EAGLE LANE P & Z CASE # 05-18 & # 05-19 PID # 13-117-24-12-0180 WHEREAS, the applicant, Jim Hatchett, has submitted a request for a minor subdivision to create a new buildable parcel from the existing lot of record; and, WHEREAS, the property is located along the one block segment of improved Jennings Road between Dove Lane and Eagle Lane. The property includes lots 11, 12, 13, and 14, Block 10, Woodland Point. The property as currently held, includes approximately 12,701 square feet. The Zoning is R-lA, Single Family Residential; and, WHEREAS, the property is currently developed with a single story residence that was constructed in 1910 according to Hennepin County data. A 26 foot by 24 foot detached garage is also on the property; and, WHEREAS, the applicant proposes the following development standards for the parcels labeled as "1" and "2" on the survey: Parcel 1 Lot Area Lot Width (as platted measurement) Lot Depth (as platted measurement) Sideyards Frontyard Rear/Lakeside (Morton Channel) HardcoVer (maximum) Proposed Required Variance 6352 sq. ft. 6000 sq. ft. - 80 feet 40 feet - 80 feet 80 feet - 10 feet 10 feet - 3.5 feet 20 feet 16.5 feet 50+ feet 15 feet - 1888 sq. ft. 1905 sq. ft. - Parcel 2 Lot Area 6348 sq. ft. 6000 sq. ft. - 1627- ; and, Lot Width (as platted measurement) 50 feet Lot Depth (as platted measurement) 80 feet Sideyards 10 feet Frontyard 20 feet Rear 15 feet Hardcover (maximum) 1882 sq. ft. 40 feet 80 feet 10 feet 20 feet 15 feet 1905 sq. ft. WHEREAS, the proposed minor subdivision meets all applicable zoning minimums for lot and bulk standards. The existing house on Parcel 1 has an existing nonconforming front yard setback along Jennings Road of 3.5 feet for which the applicant is requesting a variance. The proposed home location on Parcel 2 shows conforming setbacks as a non-lot of record property; and, WHEREAS, Given the property elevations, the proposed residence on Parcel 2 can not accommodate a basement per RFPE requirements of 933.0 feet; and, WHEREAS, As noted on the survey, private sanitary sewer service for Parcel 2 will require a pump or lift to get the effluent water to the main located in Eagle Lane. The elevation of the main in Eagle Lane is 930.21 feet which may not be Iow enough for gravity flow; and, WHEREAS, Hardcover estimates for the south parcel show the impervious surface is nearing the allowable maximum of 30% cover with the non-lot of record status; and, WHEREAS, the minor subdivision would create a new parcel, triggering park dedication fees of $1100 for the newly created lot (Section 330.120 Subd. 3); and, WHEREAS, Staff has reviewed the application and recommended approval of the minor subdivision and variance with conditions; and, WHEREAS, the Planning Commission has reviewed the application and has recommended approval as requested by the applicant with the following findings of fact for the variance: 1. The nonconforming front yard setback of the home is a pre-existing condition not created by the actions of the applicant. Allowing the residence to remain with the nonconforming front yard setback until the useful life of the building expires will not change the existing neighborhood character. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the minor subdivision and a 16.5 foot front yard setback variance as requested by the applicant with the following conditions: 3. The City does hereby approve the minor subdivision request with the following conditions: a) Drainage and utility easements be provided along side lot lines 5 - 1628- b) c) d) e) f) g) h) J) k) feet in width, rear lot lines 10 feet in width and front lot lines 10 feet in width, except for that portion of Parcel 1 where the house is only setback 3.5 feet the drainage and utility easement shall extend only 3.5 feet. The City Engineer review grading and drainage easements and plans prior to building permit approval. Installation of utilities prior to the issuance of building permit or provide financial guarantee to cover the cost of utility service connections prior to the release of the Resolution for recording. Provide a 15 foot drainage and utility easement along the west property line of proposed Parcel 2 (document number 8572550). The lots maintain a non-lot of record status. Water and sanitary sewer locates be provided on an updated survey with building permits. Payment of sanitary sewer and watermain trunk charges of $1,500.00 respectively for Parcel 2. Payment of sanitary sewer and water connection fees of $240.00 respectively for Parcel 2. Any private sanitary sewer system required for Parcel 2 be the sole responsibility of the property owner for its design, installation, operations and maintenance. Park Dedication fees of $1100.00 be paid prior to the release of the Resolution for recording. Payment of any City fees for review of the minor subdivision and variance applications. The minor subdivision and variance is approved for the following legally described property included on Exhibit A as stated in the Hennepin County Property Information System. The foregoing resolution was moved by Councilmember seconded by Councilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted June 12, 2005 - 1629- Pat Meisel, Mayor Attest: City Clerk -1630- Exhibit "A" Proposed Legal Descriptions: Parcel 1: Lots 11 and 12, Block 10, Woodland Point Parcel 2: Lots 13 and 14, Block 10, Woodland Point -1631 - ~ D Q~.V E L A N E (3¢ ~ w.) I . ~ 6 EA ANE ~ O' ) ~' ~,cr ~ o.~ ~ R. O.W. ~ 10.0' 4.0' DETACHED GARAGE SE?BACK LINE CITY OF MOUND RESOLUTION NO. 05- RESOLUTION RECOGNIZING AND THANKING INDIVIDUALS AND DEPARTMENTS FOR AID GIVEN DURING RECENT SEARCH WHREAS, during the early morning hours of June 2, 2005, the City of Mound experienced three home invasion burglaries where three people were wakened from their sleep and physically assaulted by an adult male, and WHEREAS, these home invasions were serious and created great fear and anxiety for Mound residents, and WHEREAS, a six-hour man hunt ensued in the neighborhoods in and around Langdon Lake involving police officers, Police K-9's, a State Patrol helicopter and a Hennepin County Water Patrol Unit, and WHEREAS, the suspect was successfully taken into custody without further incident and charged with three counts of First Degree Burglary, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound would like to officially recognize and thank the dedicated police officers, deputies and troops from the Minnetrista, Orono, Minnetonka, New Hope, Medina, Brooklyn Park, South Lake Minnetonka, and Mound Police Departments, West Hennepin Public Safety Department, Minnesota State Patrol, and the Hennepin County Sheriff's Office for their efforts in apprehending this person. AND BE IT FURTHER RESOLVED that the City Council would like to officially thank the City, County and State Government Agencies for allowing their personnel to assist the Mound Police Department. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel CITY OF MOUND RESOLUTION NO. 05-_ RESOLUTION PROVIDING FOR THE SALE OF $3,875,000 TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT FINANCING BONDS, SERIES 2005 A. WHEREAS, the City Council of the City of Mound, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $3,875,000 Taxable General Obligation Temporary Tax Increment Financing Bonds (the "Bonds"), to finance clean-up and remediation of a former landfill site for a mixed-use housing and retail project; Bo WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota CEhlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 469.178; NOW, THEREFORE, BE IT RESOLVED by the City Council of Mound, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on July 12, 2005, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Prepared by Ehlers & Associates, Inc. - 1633- City of Mound, Minnesota Pre-Sale Report June 14, 2005 Proposed Issue: $3,875,000 Taxable General Obligation Temporary Tax Increment Financing Bonds, Series 2005 Purpose: The $3,875,000 Taxable General Obligation Temporary Tax Increment Financing Bonds, Series 2005, are being issued pursuant to Minnesota Statutes, Chapters 469.178. The Bonds are being issued to finance clean-up and remediation of a former landfill site for a mixed-use housing and retail project. Term/Call Feature: The Bonds have a 3-year term, maturing in February 2008. They will have a 6-month call date. Funding Sources: Par Amount of Bonds TOTAL SOURCES $3,875,000.00 $3,875,000.00 Debt service will be paid through tax increment revenue from the Mound Harbor Tax Increment Financing District. Discussion Issues: Following is a summary of key factors in the finance plan: The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the costs of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank. Bidders on this issue may submit a bid, which contains a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption. If the purchaser of the Bonds designates certain of the maturities as Term Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Bonds at least 45 days prior to the call date. Allowing potential purchasers the term bond option results in increased bidder interest in this issue and possible lower interest rates. · Moody's Investors Service will be asked to rate this issue. The City currently has an "AaY' rating on its outstanding general obligation bonds. · Because the aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full - 1634- Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain financial information and operating data relating to the City annually and to provide notices of the occurrence of certain material events. The specific nature of the Undertaking, as well as the information to be contained in the notices of material events will be set forth in the Continuing Disclosure Undertaking that you will enter into at the time of closing for this issue. Schedule: Pre-Sale Review: City opens and tabulates bids on the contract: Ehlers sends information to Moody's to prepare for the rating conference call: Special meeting for City Council to consider bids and contract. City can alter bond amount, if necessary, after awarding a contract. Last day to pull sale or change the bond size with minimal impact on future issues. (If the sale is pulled later than this date, underwriters may not bid on future sales or bid with higher interest rates.) Distribute Official Statement: Conference with Rating Agency: Bond Sale and City Awards Bids: Estimated Closing Date: Council approves first payment to contractor Payment Due to Contractor: June 14,2005 June 17, 2005 Week of June 27,2005 June 28,2005 July 7, 2005 June 30,2005 Week of July 4,2005 July 12,2005 Week of August 1,2005 August9,2005 Em. Augustl5,2005 Attachments: Sources and Uses of Funds Proposed Debt Service Schedule Resolution authorizing Ehlers to proceed with bond sale Ehlers Contacts: Financial Advisors: Bond Analysts: Bond Sale Coordinator: Sid Inman (651) 697-8507 Rebecca Kurtz (651) 697-8516 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Connie Kuck (651) 697-8527 The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. - 1635- City of Mound, ~ (Mound Harbor project) $3,8 75~000 Taxable G.O. Temporary Tax Increment Bonds, Series 3005 Mound Land F~ll Reclamabbn Bonds Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/$ Fiscal Total 06/15/2005 02/01/2006 96,089.24 96,089.24 (96,089.24) 08/01/2006 76,531.25 76,531.25 (76,531.25) 02/01/2007 76,531.25 76,531.25 (76,531.25) 08/01/2007 76,531.25 76,531.25 (76,531.25) 02/01/2008 3,875,000.00 3.950% 76,531.25 3,951,531.25 3,951,531.25 3,951,531.25 Total $3,875,000.00 $402,214.24 $4,277,214.24 (325,682.99) $3,951,531.25 Sec 05 SS. SM Net Taxable SINGLE PURPOSE [ 5/6/2005 / 8:2,9 AM Ehlers & Associates, Inc. Leaders in Public Finance Page 3 - 1636- Mound, MN 553~4 (952) 472-$190 MEMORANDUM To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director June 14, 2005 Dock Parcel Subdivision - 3061 Westedge Boulevard (Sarenpa) Background. As the Council may recall, an amendment was approved for the Dock Parcel Ordinance at a recent, meeting to allow the Council to extend the 90-day timeline for recording of the dock parcel ordinance. The City Council approved the dock parcel subdivision request from Martin Sarenpa for the property located at 3061 Westedge Boulevard on March 22, 2005. Therefore, the 90-day timeline expires on or around June 20~. It is Staff's understanding that the applicant's attorney is currently working on the development agreement however additional time is needed beyond the 6/20 deadline to allow for review of the documents by the City Attomey and recording at Hennepin County. Recommendation. Staff recommends that the timeline for recording of the dock parcel as approved in City Resolution No. 05-49 be extended an additional 60-days. A draft resolution has been prepared. ADD-ON ITEM CITY OF MOUND RESOLUTION # 05- RESOLUTION TO AMEND RESOLUTION NO. 05-49 TO EXTEND TIMELINE FOR RECORDING OF SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3061 WESTEDGE BOULEVARD FOR 60 DAYS PID No. 23-117-24-33-0012 WHEREAS, the City of Mound adopted Resolution No. 05-49 on March 22, 2005 which approved a dock parcel subdivision request submitted by Martin Sarenpa for the property located at 3061 Westedge Boulevard subject to conditions; and WHEREAS, City Code Chapter 330.10, Subd. D (6) states that the City must be provided with evidence that the Dock Parcel and Residential Parcel have been tax combined within 90 days unless the timeline for compliance has been extended by the Council; and WHEREAS, the deadline for providing evidence of recording for the dock parcel request of the property located at 3061 Westedge Boulevard is on or around June 20, 2005; and WHEREAS, Staff has been notified by the applicant and/or applicant's representative that the development agreement and appropriate documentation is in the process of being prepared, however, additional time is needed so as to allow for formal review by the City Attorney prior to the recording of the documents at Hennepin County; and WHEREAS, Staff recommends Council approval of the 60-day extension. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: The City does hereby approve a 60-day extension for providing evidence of recording of the Subdivision Exemption of the property located at 3061 Westedge Boulevard subject to the following condition(s): A. The applicant shall be responsible for payment of all involved fees associated with the current request. Adopted June 14, 2005 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk CERTIFICATE City of Mound STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN) I, the undersigned, being duly qualified and the City Clerk of the City of Mound, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached and forgoing extract was transcribed. 2. I have carefully compared said extract with said original record. 3. I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council. of said City held on the date indicted in said extract, including any resolution adopted at such meeting, insofar as they relate to: RESOLUTION NO. 05-49 RESOLUTION TO APPROVE SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED'WITH PROPERTY LOCATED AT 3061 WESTEDGE BOULEVARD. PID #23-117-24-33-0012 Said meeting was duly held, pursuant to call and notice thereof as required by law on the 22nd day of March, 2005. WITNESS my hand officially as such Clerk, and the seal of said City, this 28th day of March, 2005. Bonnie Ritter, City Clerk CITY OF MOUND ORDINANCE NO. __-2005 AN ORDINANCE AMENDING SUBSECTION 330.10 OF THE CITY CODE AS IT RELATES TO DOCK PARCEL SUBDIVISIONS The City of Mound does ordain: Subsection 330.10, Subd. D (6) of the Dock Parcel Subdivision, is hereby amended to read as follows: 6. Unless the time for compliance is extended by the Council, 3: the approval of the Dock Lot Subdivision will be automatically cancelled and rescinded if the applicant has not furnished the City with evidence that the Dock Parcel and the Residential Parcel have been tax combined within 90 days following approval of the Dock Lot Subdivision. Passed by the City Council this __ day of ,2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Published in The Laker the Effective the __ day of __day of .,2005 ,2005. May 25, 2005 Dear Mound Mayor, City Council Members, and City Manager, Sudden cardiac arrest is a frequently misunderstood worldwide killer. It can affect anyone-including children, anywhere, anytime. Relying on first responders and other emergency medical personnel isn't always an answer. While these groups do their best to quickly arrive at the scene of a cardiac arrest, they cannot control factors like traffic or delayed calls. Not all emergency medical personnel are equipped with Automatic External Defibrillators (AEDs). Having AEDs available in our public schools and community businesses is another tool that can be used in an emergency situation. AEDs do not require extensive medical knowledge to understand or operate, thus allowing trained lay persons to respond to cardiac emergencies. Our goal is to increase public awareness of sudden cardiac arrest and the need to have AEDs readily available. We plan to meet with Mike Wocken and members from Ridgeview Medical Center to help us formulate an emergency plan to use AEDs. We are also forming a partnership with local charitable organizations to have a fund raiser this summer as well as a fund raiser this fall at Mound Westonka High School. We are asking for your support in our project. We feel it will benefit all residents and visitors who may experience an emergency in our community. If you have any questions or would like to speak to us in person, please contact us. We will be happy to give you more information about AEDs and their importance in our community. Thank you. Sincerely, ,,3o - 1637- 5341 Maywood Road Mound, MN 55364 (952) 472~3190 MEMORANDUM To'. From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director June 7, 2005 Review of Floodplain Alteration Permit for City of Mound and Mound Harbor Renaissance (MHR) Proposal for Lost Lake District PC Case: 05-24 and 05-25 Background. The applicants, the City of Mound and Mound Harbor Renaissance have submitted a floodplain alteration permit for excavation and filling activities in the Lost Lake District. The permit is required to allow for remediation of the existing dump and construction of (37) townhomes and 12,500 SF commercial/retail building on the subject property. As the City Council is aware, the preliminary plat, planned development area-conditional use permit and variance(s) were approved on May 31, 2005. Floodplain Alteration Regulations. The 100-year floodplain elevation in the City of Mound is 931.0. City Code Chapter 300.13, Subd 4 (b) states that the placement of fill in the flood fringe shall result in a no-net decrease in 100-year flood storage. In the event the floodplain compensation cannot be accommodated on-site, it must be accomplished on the same waterbody and in an appropriate location approved by the City. Required Flood Protection Elevation. The Regulatory Flood Protection Elevation (RFPE) for the City of Mound is 933.00. Floodplain regulations require that the lowest floor of all structures including basements and crawl spaces must be constructed at or above the RFPE. Permit Review Process. Any and/or all activities which disturb the floodplain requires issuance of a Floodplain Alteration Permit which requires formal review by Staff and approval by the City Council. - 1638- Details. The applicant(s) are proposing to fill 2080 cubic feet below the 931.0 floodplain elevation and are proposing to provide 26,810 cubic feet of floodplain compensation as part of the innovative stormwater treatment system(s). The proposed work is associated with redevelopment of the Lost Lake and Maxwell sites. Notification. Mailed notification was sent to all property owners within (600) feet of the subject site(s) pdor to the City Council's review of the floodplain alteration permit(s) for compliance with the policies contained in the Mound Surface Water Management Plan and MCWD Rule A on or around June 7, 2005. Public Agency Distribution - Permit Application. Copies of the permit application materials were provided to the MCWD, DNR, and the U.S. Army Corps of Engineers as required by the Combined Joint Notification Form - Water Resource Application and were also provided previously as part of the preliminary plat submittal materials which were distributed on or around Apdl 29, 2005. 1991 Wetland Conservation Act (WCA) Permit. Comments on the WCA permitting issues are forthcoming from MFRA Soils / Wetland Scientist Todd UIIom and will be provided as a separate attachment when available. City Review Process and Timeline. The application was received and deemed to be complete on May 12, 2005. Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve a land use request. CITY DEPARTMENT REVIEW Supporting materials regarding the proposed floodplain alteration activities were distributed to all applicable City departments for review and comment as part of the preliminary plat submittal(s) for the Lost Lake project. Recommendation. Staff recommends approval of the floodplain alteration permit(s) subject to the following conditions: a. Verification of the floodplain fill / compensation calculations by the City Engineer for compliance with the floodplain regulations. Silt fence to be installed along the boundary of all impacted work area(s). The silt fence must be positioned to protect adjacent property, wetlands and public water and will need to be maintained until the turf is re-established. c. A signed as-built survey by a professional engineer / surveyor must be submitted. · Page 2 - 1639- d. All fees incurred by the City as part of the floodplain alteration shall be paid by MHR. e. Submittal of an erosion control escrow deposit in an amount to be determined by the Director of Public Works. In the event the floodplain alteration activities are undertaken separately from the building permit(s) for the townhomes and/or commemial/retail building, a separate grading permit shall be required. g. The applicant shall comply to the extent required with the provisions of Section 300.15, Subd. 5 of the City Code. h. The applicant shall comply with the requirements of MCWD Rule B. · Page 3 - 1640- CITY OF MOUND RESOLUTION #05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING THE FLOODPLAIN ALTERATION PERMIT (MCWD RULE C) FROM THE CITY OF MOUND AND MOUND HARBOR RENAISSANCE DEVELOPMENT (MHRD) FOR THE LOST LAKE DISTRICT PID NO. 13-117-24-21-0096 WHEREAS, permitting responsibilities for floodplain alteration (MCWD Rule C) were transferred from the Minnehaha Creek Watershed District to the City of Mound on August 22, 2002 following approval of the Mound Surface Water Management Plan by the MCWD Board of Managers; and WHEREAS, the applicants, the City of Mound and Mound Harbor Renaissance Development MHRD) have requested approval of a floodplain alteration permit to place 2080 cubic feet of fill below the 931.0 floodplain elevation and will provide compensation in the amount of 26,810 cubic feet; and WHEREAS, City Code Chapter 300.13 Subd 4 (b) states that the placement of fill in the flood fringe shall result in a no-net decrease in 100-year flood storage; and WHEREAS, the floodplain alteration and calculations were reviewed by the City Engineer who has verified that the placement of fill and excavation activities result in a no-net decrease in 100-year flood storage; and WHEREAS, Staff has recommended approval of the floodplain alteration permit subject to conditions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The floodplain alteration permit is hereby approved subject to the following conditions: - 1641 - a. Verification of the floodplain fill / compensation calculations by the City Engineer for compliance with the floodplain regulations. Silt fence to be installed along the boundary of all impacted work area(s). The silt fence must be positioned to protect adjacent property, wetlands and public water and will need to be maintained until the turf is re-established. c. A signed as-built survey by a professional engineer / surveyor must be submitted. d. All fees incurred by the City as part of the floodplain alteration shall be paid by MHR. e. Submittal of an erosion control escrow deposit in an amount to be determined by the Director of Public Works shall be required. In the event the floodplain alteration activities are undertaken separately from the building permit(s) for the townhomes and/or commercial/retail building, a separate grading permit shall be required. g. The applicant shall comply to the extent required with the provisions of Section 300.15, Subd. 5 of the City Code. h. The applicant shall comply with the requirements of MCWD Rule B. 2. The floodplain alteration permit is hereby approved for the following legally described property: See Exhibit A. 3. The applicant shall comply to the extent required with the provisions of Section 300.15, Subd. 5 of the City Code. 4. The applicant shall comply with the requirements of MCWD Rule B. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: - 1642 - Adopted by the City Council this 14th day of June 2005 Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk 3 - 1643- COMBINED JOINT NOTIFICATION FORM - WATER RESOURCE APPLICATION Use this form to notify/apply to the City of Mound, their engineering consultants, the DNR, and the Minnehaha Creek Watershed District of a proposed water/wetland project or work that falls within their jurisdiction. These agencies should advise you of their requirements within 10 days. Fill out this form completely and mail a copy, with plan, maps, etc. to the City of Mound, 5341 Maywood Road, Mound, MN 55364. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. APPLICANT NAME APPLICANT ADDRESS CITY STATE ZIP PROJECT ADDRESS CITY STATE ZIP PROPERTY I.D. NUMBER LENGTH OF SHORE AFFECTED (FT) ,~' VOLUME OF FILL OR EXCAVATION (CY) AREA FILLED OR EXCAVATED IS -- ACRES, OR ~ SQUARE FEET. TYPE OF PERMIT BEING APPLIED FOR: (Check all that apply) ALTERATION .~STORM SEWER OUTFALLS APPLICANT'S P, EPRESENTATIVE: (Licensed Contractor, Engineer, etc) ADDRESS CITY STATE ZIP PROJECT PURPOSE (Why is this project needed - what benefits will it provide?) ALTERNATIVES (Describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing water/wetland impacts. Attach additional sheets, if needed. DATES: Proposed start of activity: /¢~/'/,/~5"'- Proposed completion: (Identify any completed work on attached drawing.) NAMES & ADDRESSES OF ADJOINING PROPERTY OWNERS (Attach list if more) PERMITS HAVE BEEN RECEIVED ® OR APPLIED FOR (A) FROM __ __ COUNTY .)(' CITY __ hereby notify the reml other detE require/d pena~_~ Signat~ DNR MN POLLUTION CONTROL AGENCY __ ARMY CORPS OF ENGR )lents of this form of the project proposed herein and request I be advised of any permits or ~~r'~nin/afi- '°"'ns, ~~3itnaignte~jLPal~JbeeCtstuhbltelct tmoU;te~betraail?'stlat~nadne;/'~otar inodcta~aatdPmri°nlset~daitinvge,W~itvl~l/L~//,~,~)__ Wa°n~l~°brecfri°~neina~" ~'f Pers~roposing Project or Agent Date· l - 1644- INSTRUCTIONS - PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc. should be sent to each agency indicated below. Please check the appropriate spaces to show everywhere you are sending this form. Member to keep a copy for your records. innehaha Creek Watershed District (MCWD) Minnesota Department of Natural Resources (MDNR) Regional Office _~US Army Corps of Engineers (ACOE) at: Dept. of the Army, Corps of Engineers, St. Paul District- ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638 Note: The agencies above may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality issues may apply to your proposed project. ATTENTION (from USDA): Any activity including drainage, dredging, filling, leveling or other ma'nipulations, including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with you local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your projects please carefully read the following information and sign where indicated. Application is hereby made for a permit to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the authority_to undertake the proposed activity or I am acting as the duly authorized agent of the applic,,~.~/' \ ./'/// Sign~ur~/f ¢li~'ant D~'o /- S-~gn~ur-'-eof-~pp~--- D-~t~ N~e'. The person who desires to undertake the proposed activity must sign the application (Applicant) or it may be signed by a duly authorized agent if the information requested below is provide. Agent's Name & Title: ~"'~~,.~ Agent's Address: /-.,4'~D ~ ~4f~'l~J~~' Agent's Telephone: ~'/z-&.t'z -~'7'o 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. - 1645- CITY OF MOUND MOUND CITY COUNCIL NOTICE OF FLOODPLAIN ALTERATION PERMIT APPLICATION NOTICE IS HEREBY GIVEN that the City Council will consider a floodplain alteration permit application from the City of Mound and Mound Harbor Renaissance Development (MHRD) associated with site work to be done in the Lost Lake District as part of its regular meeting to be held on Tuesday, June '14, 2005 at 7:30 PM. You are being provided written notice as your property is located within (600) feet of the subject site. Any questions regarding the permit application(s) can be obtained by contacting Community Development Director Sarah Smith at 952-472-0604. Bonnie Ritter, City Clerk - 1646- Mound Harbor Renaissance: Lost Lake District Mound, Minnesota Storm Water Narrative And Calculations April 29, 2005 LANDFORM MINNEAPOLIS .PHOENIX - 1647- LANDFORM EXISTING SITE CONDTIONS The Lost Lake site comprises approximately 4.5 acres and is located just south of CSAFt 15 in Mound, Minnesota. The site has an unglamorous history of being a home for all sorts of debris and serving as a dumping area in the past. As this report is being drafted, plans are being developed to remediate the site by excavating all of the dump materials and replacing them with clean fill. The topography is characterized by gentle sloping terrain from CSAH 15 down to the shoreline of Lost Lake. EXISTING SITE DRAINAGE PATTERNS A portion of the site (0.6 acres) currently drains to public storm sewer in CSAH 15 to the north and the remainder (4.0 acres) sheet drains off site into Lost Lake. No system currently exists for control of either peak flow rate or quality of the runoff entering the public storm sewer or for the runoff into Lost Lake. PROPOSED DEVELOPMENT The proposed project includes the remediation of the existing dump, and the construction of 37 townhomes with a common pool area, a 5000 square foot commemial building, associated streets and utilities, a floating dock system for the townhomes, and an innovative stormwater treatment system that will use stormwater as an asset rather than a liability. JUSRISDICTIONAL BODIES AND REQUIREMENTS In general, the City of Mound has assumed responsibility for design review and ordinance compliance for most issues relating to surface water management. Many of these requirements mirror the Minnehaha Creek Watershed District's (MCWD) rules and requirements. Below are the rules that affect this development and their requirements: Erosion Control {MCWD Rule B): Plans and specifications shall conform to the provisions of the manual, "Protecting Water Quality in Urban Areas" (Minnesota Pollution Control Agency, reprinted 1994), as revised, or if a facility or measure is not addressed in that manual, then to the provisions of the "Erosion and Sediment Control Manual" (Hennepin Conservation District, 1989), as revised. All erosion and sedimentation controls proposed for compliance with this rule will be in place before any land-disturbing activity commences. Please see the attached plans for additional details regarding erosion control. Storm Water Narrative - 1 648-nage 2 of 7 Mound Harbor Renaissance - Lost Lake April 29, 2004 Mound, MN MD004003 LAI~DFOR~ Fi0odpiain Alteration (MCWD Rule C/: The filling shall not cause a net decrease in storage capacity below the projected 100-year high water elevation unless it is shown that the proposed filling, together with the filling of all other properties on the affected reach of the water body to the same degree of encroachment as proposed by the applicant, will not cause high water or aggravate flooding on other properties and will not unduly restrict flood flows. A professional engineer registered in the State of Minnesota shall calculate the allowable fill area. Creation of floodplain storage capacity to offset fill shall occur within the original permit term. Wetland Protection (MCWD Rule D): Mound has previously accepted the responsibility as Local Government Unit (LGU) under the Minnesota Wetlands Conservation Act (WCA) and will continue as the permit authority for wetlands. To paraphrase WCA requirements, all wetland impacts must be mitigated for at a 2:1 ratio using a combination of new wetlands (not be less than 50% of mitigation), public value credits, and wetland buffers. Stormwater Manaqement for Land Development Projects (MCWD Rule N): Note: As part of the cooperative effort between Mound Harbor Renaissance LLC, The City of Mound, and the MCWD to create a project that can serve as a mode/of/akeshore deve/opment, the requirements under this section were modified to provide a high/eve/of storm water treatment. Storm Water Quantity Control: Discharge rates shall be controlled as to not exceed existing subwatershed flowrates. For the purposes of this report, the development will be modeled against this standard using the 1, 5, and 100-year 24-hour, Type 2 storm events. Storm Water Quality Control: Through negotiations with the MCWD and the City of Mound, an agreement was reached where each of the three Mound Harbor Renaissance districts shall be required to remove a minimum of 70% of the total Phosphorus (TP) from storm runoff. If a design can remove over 75% of the TP, every percentage point above 75% can be "banked" and used to reach the 70% goal for future districts. The overarching idea is that the entire 3-district development should remove 70% TP. PROPOSED 100-YEAR FLOODPLAIN IMPACTS As part of the stormwater treatment train, two new wetlands are proposed for construction near the Lost Lake shoreline. This shore is below the 100-year flood elevation of 931.0 and therefore there are some floodplain impacts shown in the proposed design. The design currently shows 2,080 cubic feet of anticipated floodplain fill. In order to mitigate for this, an equal volume must be created. There is a Mound Harbor Renaissance - Lost Lake Storm Water Narrative April 29, 2004 Mound, MN - 1649 ~age 3 of 7 MDO04003 LANDFORM proposed 26,810 cubic feet of additional flood plain capacity created, thus meeting the requirement. Please see the attached "Floodplain Mitigation Exhibit" and calculations for additional information. PROPOSED WETLAND IMPACTS Please see sheet C3.2 for proposed wetland impacts and associated calculations. PROPOSED ON-SITE STORM WATER MANAGEMENT Runoff Quantity: The goal of the proposed stormwater design is to provide rate control, thus limiting the rate of discharge to below the current conditions for the 1-year, 5-year, and 100-year events. Storm water runoff analysis was performed with HydroCAD® models, using simultaneous reach routing. For this report, all calculations were completed using SCS TR-20 unit hydrographs with a Type II - 24-hour distribution, and that the following return period and storm depths were used: 1 -year event: 2.4" 5-year event: 3.5" 100-year event: 5.9" Existing Conditions (see attached Existing Conditions drainage map): Area = 4.6 acres (0.3 ac impervious, 4.3 ac pervious) Existing site drainage to CSAH 15: O1 = 1.2 cfs Q5 = 2.0 cfs Q~oo = 3.8 cfs Existing site drainage to Lake Minnetonka (Lost Lake): Q1 TM 3.5 cfs Q5 = 7.4 cfs Q~0o = 17.0 cfs Total Existing Site Runoff: Q~ = 4.7cfs Q5 = 9.4 cfs Q~oo = 20.8 cfs Proposed Site (see attached Proposed Drainage map): Total Area = 4.5 acres (2.7 ac impervious, 1.8 acres pervious) Proposed Discharge to CSAH 15: O1 = 1.5 cfs Qs = 2.4 cfs Q~oo = 4.3 cfs Proposed Discharge to Lake Minnetonka (Lost Lake): Q~ = 1.4 cfs Qs = 3.9 cfs Q~0o = 15.3 cfs Total Proposed Site Discharge: Q~ = 2.9 cfs Q5 = 6.3 cfs Q~oo = 19.6 cfs Storm Water Narrative - 1 650 Page 4 of 7 Mound Harbor Renaissance - Lost Lake April 29, 2004 Mound, MN MD004003 LANDFORM All of the proposed discharges are less than the existing runoff rates, thereby meeting the requirements of all the jurisdictional bodies. Beyond simply controlling the rate that water leaves the site, we have created a design incorporating several rain gardens, treatment wetlands, and a dry creek bed that has a zero-discharge condition for a 1" storm event. Please see the attached calculations for additional details. Runoff Quality: As mentioned in the "Jurisdictional Bodies and Requirements" section, the level of storm water treatment requires for this development to the removal of 70% of the TP. This goal is 20% higher than the standard MCWD level of 50% TP reduction, and beyond that, if this development were to be constructed elsewhere in the MCWD, it would be required only to provide rate control. No storm water quality treatment would be required. In order to achieve this 70% mark, we needed to look beyond standard stormwater treatment thinking and incorporate various innovative techniques such as rain gardens and dry creek swales. Based on the following results from the calculations shown on the PONDNET spreadsheet attached, it is anticipated that the site will reduce the phosphorous load as follows: Sub Area Treatment Area Area % Of Phosphorous Removal Numbers Structure (Sq feet) (Acres) Site Area Removal % Product, A1 a W ET1 15,300 0.35 9.2% 32.0% 0.03 A1 b* None 4,200 0.00 0.0% 0.0% 0.00 A1 c* WET1 0 0.00 0.0% 32.0% 0.00 A1 d* None 0 0.00 0.0% 42.0% 0.00 A2a MP1 2,240 0.05 1.3% 100.0% 0.01 A2b MP2 10,780 0.25 6.5% 86.0% 0.06 A2c MP3 4,330 0.10 2.6% 25.0% 0.01 A2d MP4 1,980 0.05 1.2% 40.0% 0.00 A2e WET2 16,575 0.38 10.0% 31.0% 0.03 A2f* None 0 0.00 0.0% 0.0% 0.00 A2g* None 0 0.00 0.0% 0.0% 0.00 A2h MP5 6,360 0.15 3.8% 47.0% 0.02 A2j* WET1 0 0.00 0.0% 32.0% 0.00 A3 RG3 30,201 0.69 18.2% 100.0% 0.18 A4 RG4 26,665 0.61 16.1% 100.0% 0.16 A5 & A7 RG1 & RG2 24,918 0.57 15.0% 100.0% 0.15 A6 RG5 26,725 0.61 16.1% 100.0% 0.16 3.81 100% Total Removal: 81.2% J Please note that areas shown with a (*) denote subcatchments within the buffer area than contribute directly to Lost Lake with no contact with impervious surfaces. These calculations were based on the following assumptions: Storm Water Narrative - 'i 651 _~age 5 of 7 Mound Harbor Renaissance - Lost Lake April 29, 2004 Mound, MN MD004003 LANDFORM Season Length: Season Precipitation: Runoff Total Phosphorus: Runoff Ortho P/Total P: Infiltration Rate: Infiltration-Adjusted Retention Coefficient (1-Rpi): 7 months (April - October) 21.60" (1964 - 1993 cumulative average April-Oct precipitation at Minneapolis/St. Paul International Airport) 320ppb (R.T. Bannerman, et.al. "Sources of Phosphorus in Stormwater and Street Dirt from Two Urban Residential Basins in Madison, Wisconsin, 1994-95" 0.30 (William W. Walker, Jr. "Phosphorus Removal by Urban Runoff Detention Basins" p.321) 0.125"/hour (half of predicted rate given rain garden design) Varies, but cannot be less than zero, where annual infiltration = annual overflow (Walker, Jr., p.323) Therefore, based on the calculations and assumptions, the Lost Lake stormwater treatment train can be expected to remove 81% of TP on an average annual basis. To check this result versus the HydmCADe) model, a 1" storm was ran through the model, resulting in no discharge through the treatment wetlands or through to CSAH 15. To put this into perspective, based on data from the State Climatology Office, there are on average five days per April-October growing season that have rainfall amounts greater that 1 ." Please see the attached and calculations showing this 1' storm model for additional details. Based on the anticipated TP removal of 81% and the agreement that the development remove 70% TP and that TP removals above 75% be credited toward future developments, Mound Harbor Renaissance LLC will maintain a TP "credit" of 6%. Temporary and Permanent Best Management Practices: Several BMP's are to be incorporated into this site design, including structural, non-structural and temporary BMP's. Non-structural BMP's proposed for the site are street sweeping, catch basin cleaning, litter management, and fertilizer management. Street sweeping is recommended at minimum every spring and fall seasons, and possibly after heavy storm events that deposit sediment along curb lines. No phosphorus-containing fertilizers will be allowed. Controlling litter on site will benefit water quality and given the dual residential and commercial use it will also be in the best interest of the applicant to maintain a clean site. The structural BMP's implemented on site include five rain gardens, an infiltration dry creek feature, and the construction of two treatment wetlands. The rain gardens are designed in accordance with recommendations in the Minnesota Small Urban Sites BMP Manual. Pretreatment of runoff prior to entering a rain garden or infiltration basin is a crucial component to insuring the BMP's long-term success. Beyond each curb inlet to each rain garden, riprap will be placed to dissipate flow energy, and as the runoff migrates into each basin, it will travel through a minimum 4' of turf grass to allow filtering of larger particulates. The proposed maintenance schedule and activities will follow the recommendations listed in the Minnesota Small Urban Sites BMP Manual. Storm Water Narrative - 1652 Page 6 of 7 Mound Harbor Renaissance - Lost Lake April 29, 2004 Mound, MN MD004003 LANDFORM During construction, slit fence will control sediment migration in all areas where construction activities could result in runoff leaving the site. All catch basins are protected with block and rock sediment filters as shown on sheet C3.1. Tracking of sediment onto adjoining roads will be controlled through a combination of a rock construction entrance and daily street scraping and weekly street sweeping. CONCLUSION As illustrated in the above narrative and associated calculations, the Lost Lake development exceeds all storm water requirements. By using several innovative techniques to infiltrate stormwater rather than simply discharging it, we provide the dual benefits of reduced runoff volume and groundwater recharge with using storm water as a positive design feature. These innovative techniques also allow greater removals of TP on a project that is on the shore of one of the most'famous lakes in Minnesota, hopefully providing evidence that future developments along the lake can be functional, economically viable, and environmentally responsible. Please direct any questions or requests for additional information to Daniel Hughes, P.E. at Landform 612.638.0254, or dhu.qhes @landform.net. Storm Water Narrative ~co '~aae 7 of 7 1 U~lO- ~ Mound Harbor Renaissance - Lost Lake April 29, 2004 Mound, MN MD004003 , /, - 1654- .< ,: / - 1655- / - 1656- ./ 0 0 LANDFORM MINN£APOLIS.PHOENiX FLOODPLAIN IMPACT Site Lost Lake Structure Project # MD04003 Preparer D. Hughes Location Mound, MN Date 29-Apr-2005 Floodplain Elevations Contour Elevation Surface Area 100-yr Flood Elevation 931.0 931 1,196 Lowest existing contour 929.4 930 1,200 929.4 1,739 Total Volume (cf) 2,080 Average depth (ft) 1.74 Note: Volumes calculated using average end area method. Landform Engineering Company 650 Butler North Building 501 First Avenue North Minneapolis, MN 55403 - 1657- LANDFO MINNE&POLI~,- PHOENIX FLOODPLAIN MITIGATION Site Lost Lake Structure Project # MD04003 Preparer D. Hughes Location Mound, MN Date 29-Apr-2005 Floodplain Elevations Contour Elevation Surface Area lO0-yr Flood Elevation 931.0 931 19,271 Bottom of Excavation 927.0 930 11,127 929 5,145 928 1,473 927 332 Total Volume (cf) 26,810 Average depth (ft) 1.39 Note: Volumes calculated using average end area method. Total floodplain impact and mitigation (cubic feet): Impact: 2,080 Mitigation: 26,810 Total: 24,730 Landform Engineering Company 650 Butler North Building 501 First Avenue North Minneapolis, MN 55403 -1658- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director June 8, 2005 WCA Permit Application and Replacement Plan - Lost Lake Members of the Council are advised that a memorandum is forthcoming from MFRA Soil Scientist Todd UIIom regarding the WCA Permit Application and Replacement Plan for the Lost Lake project and will be provided as a separate attachment as public comments on the application are being accepted until 4:30 PM on June 9, 2005. As of this wdting, the formal comment period had not expired. - 1 659- ITY OF MOUND RESOLUTION #05- A RESOLUTION OF THE CITY COUNCIL OF THE WETLAND CONSERVATION ACT WETLAN REPLACEMENT PLAN FROM MOUND (MHRD) IN CONJUNCTION WITH OF MOUND TO APPROVE A PERMIT APPLICATION AND RENAISSANCE DEVELOPMENT NT KNOWN AS "LOST LAKE" PID NO. '13-' 7-24-34-0063 PID NO. 1: 117-24-33-0069 PID NO. ~-117-24-34-0075 WHEREAS, the applicant, Moun< )or Renaissance Development LLC, has submitted a Wetlands Permit Application Replacement Plan pursuant to the Minnesota Wetland Conservation Act (WCA) in to remediate a former dump site and facilitate construction of (37) townhor and a 12,500 commercial/retail building; and WHEREAS, the property'~S located within the Lost Lake redevelopment district which anticipates urban development. The proposed "Lost Lake" development has received preliminary plat and development plan approval from the City finding the consistency with the land use g,oals and requirements of the City Code; and WHEREAS, in g/~nting preliminary approval, the City conditioned this approval pending determination t~at the WCA approval and other public agency approvals; and WHEREAS,/t/he City of Mound, as the Local Government Unit (LGU), has the authority under the V'/CCA to determine if an application is consistent with the intent and provisions of the act;/~d WHEI~AS, the Staff has conducted a thorough review of the applicable City and WCA regul~ions with respect to the proposal and found it to be substantial compliance with the WCA. 1 - 1660- CITY OF MOUND RESOLUTION #05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND TO APPROVE A WETLAND CONSERVATION ACT WETLANDS PERMIT APPLICATION AND REPLACEMENT PLAN FROM MOUND HARBOR RENAISSANCE DEVELOPMENT (MHRD) IN CONJUNCTION WITH DEVELOPMENT KNOWN AS "LOST LAKE" PID NO. 13-117-24-34-0063 PID NO. 13-117-24-33-0069 PID NO. 13-117-24-34-0075 WHEREAS, the applicant, Mound Harbor Renaissance Development LLC, has submitted a Wetlands Permit Application and Replacement Plan pursuant to the Minnesota Wetland Conservation Act (WCA) in order to remediate a former dump site and facilitate construction of (37) townhomes and a 12,500 commercial/retail building; and WHEREAS, the property is located within the Lost Lake redevelopment district which anticipates urban development. The proposed "Lost Lake" development has received preliminary plat and development plan approval from the City finding the consistency with the land use goals and requirements of the City Code; and WHEREAS, in granting preliminary approval, the City conditioned this approval pending determination that the WCA approval and other public agency approvals; and WHEREAS, the City of Mound, as the Local Government Unit (LGU), has the authority under the WCA to determine if an application is consistent with the intent and provisions of the act; and WHEREAS, the Staff has conducted a thorough review of the applicable City and WCA regulations with respect to the proposal and found it to be substantial compliance with the WCA. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The City does hereby grant approval of the WCA Wetlands Permit Application and Replacement Plan as recommended by Staff subject to the following conditions: The WCA Wetlands Permit Application and Replacement Plan is hereby approved for the following legally described property: See Exhibit A The foregoing resolution was moved by Councilmember Councilmember and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted by the City Council this 14th day of June 2005 Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Engineering * Planning ° Surveying MEMORANDUM DATE: June 13, 2005 TO: FROM: Honorable Mayor and Members of the City Council Todd Ullom'5'a~ SUBJECT: Mound Harbor Renaissance - Lost Lake District Wetland Permit Application Mound Harbor Renaissance, LLC Mound, Minnesota MFRA # 15324 Mound Harbor Renaissance, LLC applied to the City of Mound as the Local Unit of Government for a Wetland Conservation Act (WCA) replacement plan approval for the Mound Harbor Renaissance - Lost Lake District development project. Mound Harbor Renaissance, LLC proposes a project involving the construction of 37 townhome units and a small commercial building, which is part of the City's downtown revitalization plan. The proposed development will result in wetland impacts along the fringe portion of Lost Lake and an adjacent wetland. Wetland sequencing discussions were provided in the application. A total of 6,803 square feet of wetland will be impacted by the project. Approximately 5,115 square feet of Wetland 1, a Type 3 (PEMC) wetland that was previously excavated, and approximately 1,688 square feet of the wetland fringe of Lost Lake (DNR#143) will be impacted. On-site wetland replacement is proposed at a 2:1 ratio. Approximately 9,630 square feet of New Wetland Credit (NWC) will be created as two mitigation wetland basins and 9,630 square feet of upland buffer, adjacent to the existing and replacement wetlands, will be established as Public Value Credit (PVC). The City put the plan on notice on May 25, 2005 as required by the WCA and no comments were received. The Technical Evaluation Panel (TEP) members were contacted but a TEP meeting was not requested. A copy of the following documents were submitted to the City for its files: * Wetland Delineation Report, prepared by Kjolhaug Environmental Services Company (KES), dated May 19, 2005. 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-maih mfra@mfra.corn June 13, 2005 Page 2 · WCA Application to City, DNR, BWSR, and Corps of Engineers, prepared by KES, dated May 23, 2005. * Copy of the Notice of Application, prepared by MFRA, dated May 25, 2005. · LGU determination of complete application, completed by MFRA, dated May 10, 2005. · Sequencing Findings of Fact, completed by MFRA,..dated June 10, 2005. · Replacement Plan Findings and Decision, completed by MPRA, dated June 10, 2005. MFRA recommends the City approve the replacement plan with the following conditions: · Supportive information (source, ponding depths and frequency of ponded water) that proves the eastern end of Wetland 1 will continue to exhibit wetland hydrology after completion of the development · Best Management Practices be implemented for the duration of the project. TV.'jm S:h-nn!n :kMou 15324~correshMayo~&Mem10~rsofCityCounci16-13 Name of Local Government Unit: CiW of Mound, Name of Applicant: Mound ~Harbor Renaissance LLC and City of Mound. Application Number:. .... Type of Application (check one): [] Exemption Decision [] No Loss Decision [] Wetland Boundary and Type Determination [] Replacement Plan Decision [] Banking Plan Decision Date of Application: ~ Location of Project: SW SW 13 ! 17N 15W ¼ ¼ ¼ Sec. Twp. Range Summary of Project: Mound Harbor Renaissance LLC is proposing to construct a multi-family townhouse development on approximately 4.5 acres of land in the City of Monnd. As part of the proposed development plan, the City will complete a remediation to safely remove and properly dispose of buried non-hazardous waste materials remaining on the site from its past use as a dump. The remediafion plan has been approved by the Minnesota Pollution Control Agency, and will protect Lost Lake and Lake Minnetonka from long-term pollution via groundwater flow. Also, the proposed plan includes an extensive system of rain gardens and treatment swales that will pretreat runoffto levels that surpass NURP standards prior to entering the lakes. 6,803 square feet (0.16 acre) of wetland fill are proposed within 2 wetlands (Type 3) on the site. Replacement includes constructing 9,630 square feet (0.22 acre) of NWC on-site, and 9,630 square feet (0.22 acre) of PVC bom upland buffer areas. You are hereby notified that the above-referenced application was made to the Local Govemment Unit on the date stated above. Comments on this application will be accepted until June 9~ 2005.. A decision on this matter will be made by the Mound City Council on June 14e, 2005. Contact Todd Ullom at 763-476- 6010 for details or changes to decision- making schedule. LOCAL GOVERNMENT UNIT Signature May 25, 2005 Date Wetland / Soil Scientist Title List of Addressees: Chuck Alcon Mound Harbor Renaissance, LLC 6138 76t Lane #200 Loretto, MN 55357 Page 1 of 2 BWSR._Form_WCA_Replacement_2(App-Le s s- 1 OK) 9/16/04 Sarah Smith City of Mound 5341 Maywood Road Mound, MN 55364-1627 Brad Wozney BWSR One West Water Street Suite 200 St. Paul, MN 55107 Stacey Puranen Hennepin Conservation District 1313 5t~ St. SE Minneapolis, MN 55414 Jim Hafner MCWD 18202 Miunetonka Blvd. ' Deephaven, MN 55391 Wayne Barstad MNDNR Ecological Services 1200 Warner Road St. Paul, MN 55106 Mike North MNDNR Ecological Services 1601 Minnesota Drive Brainerd, MN 56401 . Joe Yanta Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Todd Ullom MFRA 15050 23'a Ave. N Plymouth, MN 55447 cc: Mike DeRuyter, Kjolhaug Environmental Services, 26105 Wild Rose Ln., Shorewood, MN 55331 Page 2 of 2 BWSR_Form_WCA_Replacement_2(App_Less_ 1 OK) 9/16/04 .~0 Project Name: Mound Harbor Renaissance -. Lost Lake District Project Location: Mound, Minnesota. Date Replacement Plan. Submitted:. May 24,. 2005. Initial Contact With Pro[eet Proponent (8420.0510) Yes No [] [] Pre-application raceting [] [] Site Visit (including other agencies) [] [] Evaluation via TEP (ff deemed necessary) COMPLETE APPLICATION Sequencing Analysis (8420.0520) Yes No Has a sequencing snnlysis been submitted? Does the sequencing analysis provide two alternatives avoiding wetland impacts? Does the analysis provide impact min{mi~ation? Does the analysis provide rectification for temporary impacts? Does the analysis provide the reduction or ellmi~ation of impacts over time? Replacement Plan Components. (8420.0530) Yes. No [] [] Minnesota Local/State/Federal Application Form for Water/Wetland Projects [] [] Postal address of applicant(s) [] [] If Company, name of principle Officers, parent companies, owners/partners, subsidiaries, ro~ging agents, involved consultants [] [] Statement of replacement prior to or concuttcat with/mpact [] [] Recent aerial photo or accurate map of impact site [] [] Location of impact by County, watershed, and quarter section [] [] Size of impacted wetland and replacement wetland [] [] Wetl~d Type (c/rcular #39 or Cowardin) [] [] List of dominant vegetation at impact and rephcement site [] [] Soils map showing substrate and type for impact and replacement site (where available) [] [] Location of inlets into and outlets from both the impacted and replacement wetlands [] [] Nature of proposal, areal extent, with detailed description of impacts [] [] Evidence of ownership or rights to affected areas, incl. legal description [] [] List of all other local, state, and federal permits required [] [] Scale chawings of replacement plan, profile views, and fixed photo point [] [] Statement indicating rephcement wetland was not previously restored or created for other regulatory purposes. [] [] Statement indicating the replacement wetland was not drained or filled under an exemption during previous l0 years [] [] Statement indicating replacement not conducted using funds of another unless paid back by landowner. [] [] Statement indicating replacement wetland was not restored with funds from publ/c conservation progr~m.~ [] [] Monitorin~ plan [] [] Other information considered necessary by LGU Note: If any. of the above iteras are checked ~'No,' the application is incomplete,, and shouM not be considered for decision by. the LGU until ~e information i~ submitted, tFhen submitted, record the date to indicate that the re. vlaeeanent plan is. no~ complete, Date Replacement Plan Complete:May 24, 2005 (The 60-day review period begins the day after the application is complete) Page l ofl Mound Harbor__BWSR_Form_WCA_Replacement_8(P..eplace_Complete_App)_Determination of Complete Application (April 2003) Authodzed LGU O~cia~ (~,.. IS-oS- Date 'Page 1 ofl Mound Harbor_BWSR_Form_WCA_ReplacemenC10(seq_FOF)_Sequencing Findings of Fact (December 2002) Date: June 10, 2005 LGU: City of Mound Project Name or Number: Mound Harbor Renaissance-Lost 'Lake District LGU contact: Todd Ullorn, MFRA Location of Project: SW SW 13 117N 15W ¼ ¼ ¼ Sec. Twp. Range I. DETERMINATION OF IMPACT AVOIDANCE 1) Is the project wetland dependent? [] yes [] no (if yes, proceed to. Item II of this form) 2) Has the applicant provided documentation describing at least 2 good faith alternatives that would avoid wetland impacts? (e.g. no-build, alternate sites, alternate project configurations) [] yes [] no (If no, then sequencing requirements are. not met and the permit cannot be approved) 3) Have all feasible and prudent alternatives that would avoid impacts to wetlands been considered? [] yes [] no (If no,. then sequencing requirement~ are not met and the permit cannot be approved) II. DETERMINATION OF IMPACT MINIMIZATION (8420.0520, Subp. 4) 1) Has the applicant sufficiently demonstrated efforts to roinimize impacts to wetlands by considering the following? · Spatial requirements of the project - Individual and cumulative impacts · Locations of existing s~ructural or natural features - Alternative project configurations · Project purpose relative to the proposed impacts · Site constraints · Confining impacts to the fringe of the wetland(s) · Site desigh relative to natural features · Value, function, and distribution of wetlands on the site · Others as necessary [] yes [] no (If no,. then the LGU shall notify the applicant in writing of its objections, to. the project. If the application is not withdrmvn or modified to. satisf~ the. L GU's objectionx within $0 da~s,, then th~ statement of objection shall constitute a denial of the application.) HI. DETERMINATION OF IMPACT RECTIFICATION (8420.0520, Subp. 5) 1) Has the applicant proposed to repair, rehabilitate, or restore to pre-project conditions any temporary impacts associated with the project? [] yes [] no [] N/A (if no, then sequencing requirements are. not met and the permit cannot be approved) IV. DETERMINATION OF REDUCTION OR ELIMINATION OF IMPACTS OVER TIME (8420.0520, Subp. 6) 1) Will additional wetland impacts be reduced or eliminated by maintaining, operating, and managing the project in a raanner that preserves and maintains the remaining wetland functions and values? [] yes [~]'no (if no, then sequencing requirements are not met and the permit cannot be approved) V. UNAVOIDABLE IMPACTS (8420.0520, Subp. 7) 1) Will unavoidable wetland impacts be replaced in accordance with M.R. 8420.0530 to 8420.06307 [] yes [] no (if no,. then sequencing requirements are not met and the permit cannot be approved) VI. SEQUENCING FLEXIBILITY (8420.0520, Subp. 7a) 1) Has sequencing flexibility been requested? [] yes [] no (If yes, explain compliance with. MN Rule 8420.0520, Subp. 7a) Explanation: MN Rule 8420.0520, Subp. 7a, B. (1) 2) Will the proposed replaccment wetland provide equal or greater functions and values than the impact wetland? [] yes [] no (if no,. then sequencing flexibility cannot be implemented) Based on the information above, is sequencing adequately addressed? []Y S C3No Page 1 of 1 Mound Harbor_BWSR_Form_WCA_Replacement_l 0(Seq__FOF)_Sequencing Findings of Fact (December 2002) Replacement Han Approval Note: This section follows review of a COMPLETE replacement plan application. If any of the items below are checked "No'; the replacement plan approval may not be finalized, and no work may begin on the project until this information is submitted. Yes No N/A Has evidence of tire for land containin~ replacement wetland been rex;iewed? Has proof of recording of Declaration of Restrictions and Covenants for replacement wetland been received? Has completed Application for Withdrawal of Wetland Credits been received? Has a Contractor Respons~ility and Landowner Statement Form been completed? days of decision, Notice of Decision must be mailed. Page 2 of 2 Mound Harbor_BWSR_Form_WCA_Replacement._7(Replae Plan Findings)._Findings & Decision (April 2003) Project Name:· Mound Harbor Renaissance ~ Lost Lake District Project Location:. Mound,. MN Date Replacement Plan Complete:May 24, 2005 Date by Which Replacement Plan. Decision. Must be Made:· July 24, 2005 Sequencing Process (8420.0520) Yes No [] [] Has a "Sequencing Findings of Facf' been completed? (If 'qNo," do not proceed with this checklist until a "Sequencing Findings of Fact". has been completed.) [] [] Are the sequencing requirements met by the proposed project? (Attach a copy of the "Sequencing Findings of Fact") ***If the sequencing requirements are not met, the permit cannot be approve,t *** Replacement Plan Evaluation (8420.0540-8420:0549). Yea No Sequencing completed Evaluation of Functions and Values completed (replacement and impacted wetland) Goal of replacement plan is clearly stated and measurable Type of Replacement identificd (i.e., restoration, creation, banlcing) Proposed action is cligfole to serve as replacement Size of replacement is sufficient Timing of replacement is concurrent with or prior to impact Location of replacement is acceptable The requirements and special considerations listed in 8420.0547 and 8420.0548 have been considered Wetland Replacement Standards (8420.0550) Yes No [] [] Will the replacement plan adequately replace the functions and public values lost at the impact site? [] [] Arc thc replacement plan goals supported by plan specifications? [] [] Is a control structure involved and does it need a dam safety permit by MDNR? [] [] Does thc control structure meet the specifications of the Minnesota Wetland Restoration Guide? [] [] Are site perimeter Best Management Practices (BMPs) included in the plan? · [] [] Does the replacement plan discuss revegetation by seeding or planting? '[] [] Have reasonable steps to control invasion by exotic species been included? [] [] Is an erosion control plan included? [] [] Is placement of organic substrate necessat~ [] [] Are there sideslopes of 5:1 or greater in created wetlands and graded portions of buffers? [] [] IS there an undulating bottom in created Types 3, 4, and $? [] [] Does the created wetland have an irregular edge? ***If any of the above items are checked "No," the WCA requirements have not been met and the replacement plan ~annot be approved.*** Wetland Replacement Decisions. and Findines Yes No [] [] Can the replacement plan be approved? List findings to support the approval or denial of the replacement plan: impacted wetlands will be repalced on-site at a 2:1 ratio, the submitted application satisfies the requirements of the WCA Page 1 of 2 Mound Harbor_BWSR_Form_WCA_Replacement_7(Replac_Plan_Findings)_Findings & Decision (April 2003) NOW THEREFORE, BE IT RESOLVED by the City Council of Minnesota: City of Mound, The City does hereby grant approval of the WCA W( and Replacement Plan as recommended by St conditions. Permit Application including any and/or all The WCA Wetlands Permit Application a approved for the following legally describe, Replacement Plan is hereby See Exhibit A The foregoing resolution was moved by Councilmember and seconded by The following Councilmembers in the affirmative: The following voted in the negative: Adopted by the City Council th/is/14th day of June 2005 Mayor Pat Meisel Attest: Bonnie Ritty City Clerk / ? 2 - 1661 - CITY OF MOUND RESOLUTION #05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND TO APPROVE A WETLAND CONSERVATION ACT WETLANDS PERMIT AND REPLACEMENT PLAN FROM MOUND HARBOR RENAISSANCE DEVELOPMENT (MHRD) IN CONJUNCTION WITH DEVELOPMENT KNOWN AS "LOST LAKE" PID NO. 13-117-24-34-0063 PID NO. 13-117-24-33-0069 PID NO. 13-117-24-34-0075 WHEREAS, the applicant, Mound Harbor Renaissance Development LLC, has submitted a Wetlands Permit Application and Replacement Plan pursuant to the Minnesota Wetland Conservation Act (WCA) in order to remediate a former dump site and facilitate construction of (37) townhomes and a 12,500 commercial/retail building; and WHEREAS, the property is located within the Lost Lake redevelopment district which anticipates urban development. The proposed "Lost Lake" development has received preliminary plat and development plan approval from the City finding the consistency with the land use goals and requirements of the City Code; and WHEREAS, in granting preliminary approval, the City conditioned this approval pending determination that the WCA approval and other public agency approvals; and WHEREAS, the City of Mound, as the Local Government Unit (LGU), has the authority under the WCA to determine if an application is consistent with the intent and provisions of the act; and WHEREAS, the Staff has conducted a thorough review of the applicable City and WCA regulations with respect to the proposal and found it to be substantial compliance with the WCA. 3_ - 1662- Name of Local Government Unit: City. of Mound, Name of Applicant: Mound'Harbor Renaissance LLC and City of Moun.d. Application Number: _ Type of Application (check one): [] Exemption Decision [] No Loss Decision [] Wetland Boundary and Type Determination [] Replacement Plan Decision [] Banking Plan Decision Date of Application: ~ 2005 Location of Project: SW SW 13 117N 15W ¼ ¼ ¼ Sec. Twp. Range Summmy of Project: Mound Harbor Renaissance LLC is proposing to construct a multi-family townhouse development on approximately 4.5 acres of land in the City of Mound. As part of the proposed development plan, thc City will complete a remediation to safely remove and properly dispose of buried non-hazardous waste materials remaining on the site fi:om its past use as a dump. The remediation plan has been approved by the Minnesota Pollution Control Agency, and will protect Lost Lake and Lake Minnetonka from long-term pollution via groundwater flow. Also, the proposed plan includes an extensive system of rain gardens and treatment swales that will pretreat runoffto levels that surpass NURP standards prior to entering the lakes. 6,803 square feet (0.16 acre) of wetland fill are proposed within 2 wetlands (Type 3) on the site. Replacement includes constructing 9,630 square feet (0.22 acre) of NWC on-site, and 9,630 square feet (0.22 acre) of. PVC from upland buffer areas. You are hereby notified that the above-referenced application was made to thc Local Government Unit on the date stated above. Comments on this application will be accepted until ~. A decision on this matter will be made by the Mound City Council on June 14t~. 2005. Contact Todd Ullom at .763-476- 601___~0 for details or changes to decision- making schedule. LOCAL GOVERNMENT UNIT Signature May 25, 2005 Date Wetland / Soil Scientist Title List of Addressees: Chuck Alcon Mound Harbor Renaissance, LLC 6138 76~' Lane #200 Loretto, MN 55357 Page 1 of 2 BW SR_Form_WCA_Replacement_2(App-Les s- I OK) 9/16/04 - 1663- Sarah Smith City of Mound 5341 Maywood Road Mound, MN 55364-1627 Brad Wozney BWSR One West Water Street Suite 200 St. Paul, MN 55107 Stacey Puranen Hennepin Conservation District 1313 5th St. SE Minneapolis, MN 55414 Jim Hafner MCWD 18202 Minnetonka Blvd. Deephaven, MN 55391 Wayne Barstad MlqDNR Ecological Services 1200 Warner Road St. Paul, MN 55106 Mike North MNDNR Ecological Services 1601 Minnesota Drive Brainerd, MN 56401 · Joe Yanta Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Todd Ullom MFRA 15050 23ra Ave. N Plymouth, MN 55447 cc: Mike DeRuyter, Kjolhaug Environmental Services, 26105 Wild Rose Ln., Shorowood, MN 55331 Page 2 of 2 ' BWSR_Form_WCA_Replacement__2(App_Less_ 10K) - 1664- 9/16/04 ~ - 1665- Mound Harbor Renaissance- Lost Lake District Mound, Minnesota Wetland Permit Application I. INTRODUCTION Mound Harbor Renaissance LLC, in cooperation with the City of Mound is proposing to construct the Mound Harbor Renaissance- Lost Lake District on 4.5 acres of land in the City of Mound, Minnesota. The project is part of the City of Mound's downtown revitalization plan known as Mound Visions, and is included in the City's comprehensive plan. The overall project rebuilds the downtown as a mixed-use, pedestrian-friendly environment oriented toward the Lost Lake harbor. The proposed plan involves grading to create roadways, driveways, building pads, and stormwater treatment rain gardens in addition to installation of utilities. A combination of 37 townhome units and a small commercial building are proposed. The property is located in the SW ¼, SW ¼ of Section 13, Township 117 North, Range 15 West, City of Mound, Hennepin County, Minnesota. The site lies adjacent to and south of CSAH 15, with Lost Lake to the south and west, and an unnamed property boundary to the east (Figure 1). Other surrounding land uses include retail and offices to the north, a gas station to the east, and ballfields to the southeast. Currently, the property consists of recently cleared land that is primarily bare ground, with a grassy area in th[ western portion of the site dominated by smooth brome grass and Kentucky bluegrass. The site has a gradual slope that drains toward Lost Lake. Two (2) wetlands were identified and delineated within the project area by Kjolhaug Environmental Services Company (KES) in May, 2005, as shown on Figure 2 and described in the attached wetland delineation report (Appendix A). Wetland boundaries were reviewed and approved by Todd Ullum of McCombs Frank Roos Associates, representing the City of Mound on May 18, 2005 (Figure 2). The project would require fdling 6,803 square feet of Type 3 wetland, which would be replaced through the creation of 9,630 square feet of new wetland credit (NWC) and 9,630 square feet of public value credit (PVC) for upland buffer areas and stormwater treatment rain gardens constructed on site. The following text presents a sequencing discussion and describes the proposed replacement plan. Figures and appendices referenced in this application are included. The Minnesota Local/State/Federal Application Forms for Water/Wetlands Projects is included in Appendix B. 1 - 1666- I1. SEQUENCING DISCUSSION The following discussion addresses wetland avoidance, impact minimization, impact~ reduction and elimination over time, and replacement in compliance with the WCA and Section 404 requirements. Specifically, the sequencing discussion includes a summary of alternatives and changes made to the plan to minimize wetland impacts. All avoidance and minimization options considered met the following goals for the development: 1. Provide for sufficient housing units to compensate for infrastructure expenses (roads, utilities, ponds, etc.), construction costs, and land costs. 2. Provide a 5,000 square foot commercial building. 3. Provide a public pedestrian trail and greenway area between Lost Lake and the proposed townhomes. 4. Provide adequate stormwater treatment to meet City and NPDES requirements. 5. Minimize direct, indirect, and long-term impacts to on-site wetlands and downstream waterbodies. The following alternatives were evaluated within the criteria and constraints described above. Wetland Avoidance Per WCA guidelines, wetland avoidance alternatives evaluated included no-build and alternate project designs that avoid all wetland impacts. The no-buiM alternative would avoid direct impacts to all wetlands on the site, but not allow the owner to utilize the property for residential and commercial development. The City Council and Planning Commission have already indicated that a multi-family residential and commercal development would be appropriate for this particular tract, considering its access to existing roads, proximity to the City's downtown area, and surrounding land uses. The City has identified the project as an integral part of its downtown redevelopment and revitalization plan, and includes it within its comprehensive plan. Abandoning the proposed project fails to meet the project goals of the developer and the City and make use of available space within the City which has been allotted for residential and commercial development. In addition, portions of the site have historically been used as a dump for non-hazardous waste materials. As part of the proposed development plan, the City will complete an extensive remediation to safely remove and properly dispose of these materials. The remediation plan has been approved by the Minnesota Pollution Control Agency, and will protect Lost Lake and Lake Minnetonka fi.om long-term pollution via groundwater flow. Also, surface runoff fi'om the site is currently untreated prior to discharging into Lost Lake. The proposed plan includes an extensive system of rain gardens that will pretreat ruri0ffto levels that surpass NURP standards prior to entering the lakes. Abandoning the proposed project would consequently eliminate these proposed water quality improvements to the lakes and adjacent wetlands, and leave the dump materials on the site. For these reasons, the no-build alternative was rejected. 2 - 1667- Alternative project designs that avoid all wetland impacts and allow the applicant to effectively utilize upland areas of the site are not feasible. The northern portion of Wetland 1 consists of an excavated ditch that is proposed to be filled and reshaped to accommodate the proposed pedestrian trail, greenway, and stormwater treatment micropools. An alternative design that would avoid all wetland impact would require the elimination of at least one townhome unit to the west of Wetland 1, and for Block D-8 to be shifted to the north. However, there is insufficient space to shift the townhomes to the north without eliminating their driveway access, and Block D-8 would consequently have to be eliminated. If the wetland was avoided and Block D-8 was not shifted, there would be insufficient space for the public trail and stormwater treatment micropools. Because the affected portion of Wetland 1 is disturbed and provides few remaining functions, the elimination of 9 townhome umts or the C~ty trail for this design alternative was determined to be neither prudent nor feasible. Wetland 1 is low quality because it is excavated, has steep slideslopes, is dominated by invasive vegetation, and has been degraded by trash and partial filling. The proposed impact to this wetland is justified by sequencing flexibility. Sequencing' Flexibility & Section 404 Fiexibilit~ The proposed impact to Wetland 1 can be justified in part by sequencing flexibility (WCA) and Section 404(b)(1) flexibility guidance (Army Corps of Engineers). According to Minnesota Rules 8420.0520 (Sequencing), the local governmental unit may not consider or approve a wetland replacement plan Urdess the local government unit finds that the applicant has demonstrated that the activity impacting a wetland has complied with all of the following principles in descending order or priority: A. Avoids direct of indirect impacts to the wetland that may destroy or diminish the wetland; B. Minimizes the impact to the wetland by limiting the degree or magnitude of the wetland activity and its implementation; C. Rectifies the impact by repairing, rehabilitating, or restoring the affected wetlarid; D. Reduces or eliminates the impact to the wetland over time by preservation and maintenance operations; E. Replaces unavoidable impacts to the wetland by restoring or, if wetland restoration opportunities are not reasonably available, creating substitute wetland areas having equal or greater public value Flexibility in the application of these sequencing steps may be applied (subject to conditions), as determined by the LGU if any of the following apply: 1. the wetland to be impacted has been degraded to the point where replacement of it would result in a certain gain in function and public value; 2. preservation of a wetland would result in severe degradation of the wetland's ability to function and provide public values, for example, because of surrounding 3 - 1668- land uses and the wetland's ability to function and provide public values cannot reasonably be maintained through other land use controls or mechanisms; 3. the only feasible and prudent upland site available for wetland replacement or development has greater ecosystem function and public value than the wetlan~l; 4. the wetland is a site where human health and safety is a factor Per Minnesota Rules 8420.0520, Subpart 7a., sequencing flexibility cannot be implemented unless alternatives have been considered and unless the proposed replacement wetland is certain to provide equal or greater functions and public values as determined based on a functional assessment reviewed by the technical evaluation panel using a methodology approved by the Board. Items 1 & 2 apply to the proposed impact to the northern portion of Wetland 1, which consists of an excavated and partially filled ditch with steep sideslopes, invasive vegetation, and diminished wetland functions. Preservation of the few remaining wetland functions in this portion of the wetland would be difficult in the context of a high-density residential development due to disturbance of the surrounding watershed. A MnRAM 3.0 functional analysis was completed for Wetland 1 in its current condition and its projected condition if the avoidance alternative were implemented. The results were compared with the MnRAM 3.0 functional analysis of the projected conditions of the replacement wetlands (see Appendix C). The projected replacement wetlands would represent an increase in some and no change in other functions and values compared to the existing ditch portion of Wetland 1. Section 404 flexibility refers to Corps-issued guidance related to the level of permit review that is appropriate based on the relative severity of the environmental impact of proposed discharges. The guidance clarifies that for projects that would cause only minor or negligible impacts; a'detailed analysis of project alternatives need not be conducted. Minor impacts are defined as activities that generally would have little potential to degrade wetlands and have at least one of the following characteristics: 1. occur in wetlands which perform limited functions 2. small in size (e.g. < 1 acre) 3. little potential for secondary or cumulative impacts 4. only cause temporary impacts The impacted ditch portion of Wetland 1 performs limited functions, is highly degraded as described previously, and is small in size. The proposed impacts should be considered within the COE sequencing flexibility guidelines. Minor fill is also proposed along the northern edge of Wetland 2 in order to accommodate a low earthen berm between Replacement Wetland #2 and the existing wetland. Because the replacement wetland is needed to satisfy the City's requirements for stormwater rate control, the berm is necessary to hold water back to the 100-year storm event prior to it entering Wetland 2 and Lost Lake. Because of its dual purpose, 4 - 1669- the replacement wetland cannot be downsized to avoid the fill, and the pond cannot be shifted to the north to avoid wetland impact without infringing on the upland buffer area (required under the City's wetland ordinance) and the proposed trail. Alternative designs that satisfied the applicant's and City's goals and allowed for avoidance of direct and indirect impacts to wetlands do not exist within the context of the scope of the development, project goals, and site constraints. Wetland Impact Minimization The Proposed Plan (Figure 3) attempts to balance efficient land use and minimize wetland and other environmental impacts. It makes efficient use of available upland while minimizing wetland impacts to only that necessary to meet City stormwater requirements and the proposed trail system. Wetland impacts have also been limited to the most degraded portion of a small wetland, with the avoided portion of the wetland to remain between the proposed stormwater treatment micropools/greenspace and Lost Lake. The combination of the micropools, greenspaee, and remaining wetland, and adjacent upland buffer areas will improve water quality of runoff entering Lost Lake fi'om current conditions. The proposed impacts have been minimized by utilizing 3:1 sideslopes along the southern edge of the fill. Wetland Impact Rectification As part of the City's remediation work to remove and dispose of dump materials and contaminated soils, temporary impacts will occur to portions of Wetland 2 between its boundary and within 5 feet to the upland side of the Ordinary High Water Level (929.4 ft msl). Shallow excavation will occur in 2 areas identified on the proposed plan (Figure 3) as "Environmental Remediation Impacts" before these areas are restored to the existing ground surface elevatiohs. After the surface contours are restored in these areas, they will be reseeded with a native wetland plant mix similar to that shown in Appendix D. Wetland Impact Reduction or Elimination Over Time The following steps will be taken to minimize the potential for future degradation to the replacement wetlands and downstream aquatic resources due to sediments and contaminants: · Standard Best Management Practices (BMP's) will be implemented during construction to prevent erosion into the remaining wetlands. 5 rain gardens and 2 micropools, indicated on Figure 3, will pre-treat runoff water from impervious surfaces before it is discharged from the site into the existing and replacement wetlands and Lost Lake. The stormwater treatment system has been designed to exceed NURP standards. 5 - 1670- Summary of Unavoidable Impacts The proposed plan represents a reasonable effort to accommodate the desired development while minimizing on-site wetland and downstream waterbody impacts ~nd replacing unavoidable impacts. The proposed plan results in 6,803 square feet of unavoidable fill in two (2) Type 3 wetlands. The plan avoids impacts to the remaining wetlands while maintaining project requirements. III. WETLAND REPLACEMENT PLAN Replacement Requirement Proposed direct wetland impacts involve filling 6,803 square feet of Type 3 wetlands. The required replacement for wetland impacts in a "less than 50% county" (i.e. a county with less than 50 percent of its presettlement wetland acreage remaining) is at a 2:1 ratio. The required replacement calculations are as follows: WCA Impacts: 6,803 sq. ft. of proposed fill x 2 (2:1 ratio) 13,606 sq. ft. of wetland replacement (6,803 sq. ft. must be NWC) The proposed wetland replacement plan is intended to satisfy all WCA and Section 404 requirements. This plan includes the creation of 9,630 square feet of new wetland (NWC), and 9,630 square feet of PVC for upland buffer areas established adjacent to the replacement wetlands (Figure 3). All NWC and PVC will be constructed on-site. New Wetland Credits~ublic Value Credit,s, Replacement Wetland ! (Figures 3 and 4) will include 2,903 square feet of NWC created by excavation in uplands just east of Wetland 2. A small area (670 square feet) of the existing temporarily flooded fringe of Wetland 2 that is dominated by reed canary grass will be incorporated into the replacement wetland. This area has not been counted as part of the 2,903 square feet of created NWC. A low earthen berm will separate the replacement wetland fi'om Wetland 2, with a pipe outlet from the replacement wetland at 929.4, and an emergency overflow rock spillway in the berm at 930.0 ft msl. The lowest bottom contour of the replacement wetland will be 928.0, making the maximum sustained water depth approximately 1.5 feet. Hydrology of the wetland will be provided by treated runoff from the site, which will flow through rain gardens and a greenway prior to entering the replacement wetland. Shallow groundwater, estimated to occur at approximately 929.0' ft msl is expected to also support hydrology in the replacement wetland, based on the proximity to Wetland 2. Sustained water at this elevation is predicted to produce the described wetland acreage to a minimum elevation of 930.0. 6 - 1671 - Soils used in the replacement areas will not include surface soils from impacted or excavated wetlands to minimize potential invasion by undesirable wetland plants. Sideslopes around the created wetland will be 5:1. The shallow water and saturated zones of the replacement area (928.0 to 930.0) will be seeded with a wet meadow mixture as described in Attachment C. Per WCA replacement standards, the applicant will take reasonable steps to maintain a native, noninvasive plant community during the monitoring period. Replacement Wetland 2 (Figures 3 and 5) will include 6,727 square feet of NWC created by excavation in uplands just north of Wetland 2. A low earthen berm will separate the replacement wetland from Wetland 2, with a pipe outlet from the replacement wetland at 929.4, and an emergency overflow rock spillway in the berm at 930.0 ~ msl. The lowest bottom contour of the replacement wetland will be 927.0, making the maximum sustained water depth approximately 2.5 feet. Hydrology of the wetland will be provided by treated runoff fi.om the site, which will flow through rain gardens and a greenway prior to entering the replacement wetland. Shallow groundwater, estimated to occur at approximately 929.0 ft msl is expected to also support hydrology in the replacement wetland, based on the proximity to Wetland 2. Sustained water at this elevation is predicted to produce the described wetland acreage to a minimum elevation of 930.0. Soils used in the replacement areas will not include surface soils from impacted or excavated wetlands to minimize potential invasion by undesirable wetland plants. Sideslopes around the created wetland will be 5:1. V. REPLACEMigNT WETLAND MONITORING PLAN The wetland creation areas will be monitored in compliance with the Wetland Conservation Act. Monitoring will include the following required components, as listed in the WCA rules: 1. A description of the project location, size, current wetland type (Cowardin classification), and desired wetland type (goal). 2. A comparison of the as-built conditions in relation to the design specifications (first annual monitoring only) and a rationale for significant changes. 3. Seasonal water level elevations measured during the period April through October (msl or referenced to a known bench mark). 4. A list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20 percent coverage and an estimate of coverage; for example, 50 percent willow, 20 percent cattail, and 30 percent sedge. 5. Color photographs of the project area taken during the period June through August, referenced to the fixed photo-reference points identified on the Wetland Replacement Plan and labeled accordingly. 7 - 1672- The replacement wetland will be monitored for a maximum of five years after creation and monitoring repons will be submitted to the City of Mound each year. The replacement wetland will be examined two times between April and October each year and the depth of standing water or depth to free water in an unlined bore hole will be measured from the wetland hydrology monitoring points chosen after construction. Color photographs of the vegetation within the wetland creation area will be taken during each growing season from the photo-reference points shown on the Wetland Replacement Plan. Hydrology measurements will be evaluated to assess the viability of the wetland in relation to the creation/restoration goal. The percent coverage of dominant vegetation will be estimated visually. All monitoring reports will include a description of the condition and composition of the vegetation within the wetland replacement area. When it can be shown that the mitigation is successful, the applicant will request that the remainder of the monitoring requirement be waived. - 1673- THIS PAGE IS INTENTIONALLY LEFT BLANK - 1674- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director June 7, 2005 Review of Floodplain Alteration Permit Applications for 5331 Three Points Boulevard (Taylor Made Homes) and 5341 Three Points Boulevard (Schaad / Mernick) PC Case: 05-24 and 05-25 Background. The applicants, Taylor Made Homes and Tracy Schaad and Bill Memick have submitted floodplain alteration and Wetland Conservation Act (WCA) permits for the properties located at 5331 and 5341 Three Points Boulevard. The permits are required to allow for construction of new single-family homes on the lots. As the Planning Commission may recall, the subject lot(s) are part of the minor subdivision and variance approved for William Stoddard of Minnetonka Enterprises in 2003. A copy of Resolution No. 03-03 has been included. Floodplain Alteration Regulations. The 100-year floodplain elevation in the City of Mound is 931.0. City Code Chapter 300.13, Subd 4 (b) states that the placement of fill in the flood fringe shall result in a no-net decrease in 100-year flood storage. In the event the floodplain compensation cannot be accommodated on-site, it must be accomplished on the same waterbody and in an appropriate location approved by the City. Required Flood Protection Elevation. The Regulatory Flood Protection Elevation (RFPE) for the City of Mound is 933.00. Floodplain regulations require that the lowest floor of all structures including basements and crawl spaces must be constructed at or above the RFPE. TEP Wetland Boundary. The wetland boundary as determined by the Technical Evaluation Panel (TEP) was approved by the City Council at its July 9, 2002 meeting and is referenced on the survey(s) submitted by the applicant(s). Permit Review Process. Any and/or all activities which disturb the floodplain requires issuance of a Floodplain Alteration Permit which requires formal review by Staff and approval by the City Council. According to City Policy, the City Council may remand Floodplain Alteration Permit applications to the Planning Commission for review and comment, when appropriate. - 1675- At its May 24"~ meeting, the Council remanded the applications to the Planning Commission for review at its June 6th meeting Project Details. East Lot (Taylor Made Homes). The applicant(s) is proposing to fill 513 cubic feet below the 931.0 floodplain elevation and is proposing to provide 585 cubic feet of floodplain compensation on the west and east sides of the subject lot. The proposed work is associated with construction of a new single-family home. Middle Lot (Schaad/Memick). The applicant is proposing to fill 733 cubic feet below the 931.0 floodplain elevation and is proposing to provide 765 cubic feet of floodplain compensation on the west and east sides of the subject lot. The proposed work is associated with construction of a new single-family home. Notification. Mailed notification was sent to all property owners within (600) feet of the subject site(s) prior to the City Council's review of the floodplain alteration permit(s) for compliance with the policies contained in the Mound Surface Water Management Plan and MCWD Rule A on or around June 3, 2005. Public Agency Distribution - Permit Application. The applicant(s) provided copies of the permit application materials to the MCWD, DNR, and the U.S. Army Corps of Engineers as required by the Combined Joint Notification Form - Water Resource Application. Comments from MCWD Distdct Technician Renae Clark received via email dated May 19, 2005 have been included. Members of the City Council are advised that a wetland buffer is not required for minor subdivisions (3 or less lots) according to the Mound City Code. Copies of the cut and fill calculations were forwarded to the MCWD as requested. 1991 Wetland Conservation Act (WCA) Permit. The approved Technical Evaluation Panel (TEP) wetland delineation boundary has been included on the submitted survey(s). Members of the Council are advised that 240 SF of fill is proposed to be placed in the wetland on the "East Lot" located at 5331 Three Points Boulevard. As the amount of fill to be placed in the wetland is under the 400 SF deminimus exemption as allowed by the 1991 Wetland Conservation ACt, administrative approval can be authorized and will be undertaken by the City of Mound. As no fill is to be placed on the "Middle Lot" located at 5341 Three Points Boulevard, administrative approval of a "No Loss" decision can be authorized and will be undertaken by the City of Mound. City Review Process and Timeline. The application was received and deemed to be complete on May 23, 2005. Pursuant to Minnesota State Statutes Section 15.99, the City of Mound has sixty (60) days to approve a land use request. · Page 2 - 1676- CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. All written comments received to date have been summarized below: Building Official (Waldron & Associates) Soils test(s) may be required at time of foundation inspection(s). Comm. Dev. Director Smith Foundation survey(s) will be required to vedfy compliance with approved building permit survey(s). City policy also requires submittal of an as-built survey. Parks Supt. Fackler No comments. Public Works Supt. Skinner Refer to any comments received from PW Director and City Engineer. Police Dept. Chief No comments. Recommendation. Staff recommends approval of the floodplain alteration permit(s) subject to the following conditions: a. Verification of the floodplain fill / compensation calculations by the City Engineer for compliance with the floodplain regulations. Silt fence to be installed along the boundary of all impacted work area(s). The silt fence must be positioned to protect the wetland and adjacent property and will need to be maintained until the turf is re-established. c. The turf restoration must be completed within one week after the excavation and final grading associated the new home is finished. d. A signed as-built survey by a professional engineer / surveyor must be submitted. e. All fees incurred by the City as part of the floodplain alteration shall be paid by the applicant. f. Submittal of a $500.00 erosion control escrow deposit (per lot) shall be required. · Page 3 -1677- In the event the floodplain alteration activities are undertaken separately from the construction of the new single-family home, a separate grading permit shall be required including the payment of all fee(s). h. The applicant shall comply to the extent required with the provisions of Section 300.15, Subd. 5 of the City Code. i. The applicant shall comply with the requirements of MCWD Rule B. Planning Commission Recommendation The application(s) were reviewed by the Planning Commission at its June 6th meeting who unanimously voted to recommend approval, subject to conditions, as recommended by Staff. A draft resolution has been prepared. · Page 4 - 1678- CITY OF MOUND RESOLUTION #05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING THE FLOODPLAIN ALTERATION PERMIT (MCWD RULE C) AND CERTIFICATE OF WETLAND EXEMPTION FROM TAYLOR MADE HOMES FOR THE PROPERTY LOCATED AT 5331 THREE POINTS BOULEVARD PID NO. 13-117-24-21-0096 WHEREAS, permitting responsibilities for floodplain alteration (MCWD Rule C) were transferred from the Minnehaha Creek Watershed District to the City of Mound on August 22, 2002 following approval of the Mound Surface Water Management Plan bythe MCWD Board of Managers; and WHEREAS, the applicant, Taylor Made Homes, owns the property located at 5331 Three Points Boulevard and has requested approval of a floodplain alteration permit and wetland exemption certificate from the City of Mound to place 240 SF of fill in the wetland as delineated by the Technical Evaluation Panel on July 9, 2002 and 513 cubic feet of fill below the 931.0 floodplain elevation and will provide compensation in the amount of 585 cubic feet; and WHEREAS, City Code Chapter 300.13 Subd 4 (b) states that the placement of fill in the flood fringe shall result in a no-net decrease in 100-year flood storage; and WHEREAS, Minnesota Rules 8420.0122, Subd. 9 (4) states that a wetland exemption certificate can be issued by the Local Governmental Unit (LGU) if the amount of fill placed in a wetland is under the 400 square foot de minimus amount; and WHEREAS, the City of Mound is the Local Governmental Unit (LGU) for administration of the 1991 Wetland Conservation Act; and - 1679- WHEREAS, the floodplain alteration and wetland permit application(s) and compensation calculations were by the City Engineer who has verified that the placement of fill and excavation activities result in a no-net decrease in 100-year flood storage; and WHEREAS, the applicant's registered engineer submitted a wetland delineation survey for the property which was reviewed by the City of Mound who has verified that the placement of fill in the wetland is less than 400 square feet, therefore, a wetland exemption certificate can be approved for the project; and WHEREAS, Staff has recommended approval of the floodplain alteration permit and wetland exemption certificate subject to conditions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The floodplain alteration permit and wetland exemption certificate are hereby approved subject to the following conditions: a. Verification of the floodplain fill / compensation calculations by the City Engineer for compliance with the floodplain regulations. Appropriate erosion control shall be maintained on the property which shall be made subject to review and approval by the City Engineer including but not limited to, the placement of a silt fence to protect the adjacent wetland and waterbody. Appropriate erosion control measures will need to be maintained until the turf is re-established. c. The turf restoration must be completed within oneweek after the excavation and final grading is finished. d. All fees incurred by the City as part of the floodplain alteration and wetland application(s) shall be paid by the applicant. An as-built survey to include all required information pursuant to the City of Mound Survey Requirements as well as and cut and fill calculations shall be submitted the City for review and approval. A certificate of occupancy for the property shall not be issued until the as-built survey has been accepted by the City of Mound. fo In the event the grading and/or site alteration(s) is to be undertaken independently of the construction of the new single-family home, a separate grading permit including the payment of all required fees shall be required. - 1 680- The floodplain alteration permit and wetland exemption certificate are hereby approved for the following legally described property included as Exhibit A and graphically depicted included as Exhibit B. 3. The applicant shall comply to the extent required with the provisions of Section 300.15, Subd. 5 of the City Code. 4. The applicant shall comply with the requirements of MCWD Rule B. o The applicant shall be responsible for recording this resolution with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1 and shall be responsible for paying for all such costs of recording. This shall be considered a restriction on how this property may be used. Evidence of such recording shall be provided to the City. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted by the City Council this 14th day of June 2005 Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1681 - CITY OF MOUND RESOLUTION #05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING THE FLOODPLAIN ALTERATION PERMIT (MCWD RULE C) AND CERTIFICATE OF WETLAND EXEMPTION FROM HOLLY SCHAAD AND BILL MERNICK FOR THE PROPERTY LOCATED AT 5341 THREE POINTS BOULEVARD PID NO. 13-117-24-21-0097 WHEREAS, permitting responsibilities for floodplain alteration (MCWD Rule C) were transferred from the Minnehaha Creek Watershed District to the City of Mound on August 22, 2002 following approval of the Mound Surface Water Management Plan by the MCWD Board of Managers; and WHEREAS, the applicants, Holly Schaad and Bill Mernick, have a purchase agreement to acquire the property located at 5341 Three Points Boulevard and have requested approval of a floodplain alteration permit from the City of Mound to place 733 cubic feet of fill below the 931.0 floodplain elevation and will provide compensation in the amount of 765 cubic feet; and WHEREAS, a "no net loss" wetland exemption certificate is being requested as no fill materials are being placed in the delineated wetland which was established by the Technical Evaluation Panel (TEP) and formally adopted by the Mound City Council on July 9, 2002; and WHEREAS, City Code Chapter 300.13 Subd 4 (b) states that the placement of fill in the flood fringe shall result in a no-net decrease in 100-year flood storage; and WHEREAS, Minnesota Rules 8420.0122, Subd. 9 (4) states that a "No Loss" wetland exemption certificate can be issued by the Local Governmental Unit (LGU) if no fill is being placed in a wetland; and WHEREAS, the City of Mound is the Local Governmental Unit (LGU) for administration of the 1991 Wetland Conservation Act; and - 1682- WHEREAS, the floodplain and wetland permit application(s) and compensation calculations were reviewed by the City Engineer who has verified that the placement of fill and excavation activities result in a no-net decrease in 100-year flood storage; and WHEREAS, the applicant's registered engineer submitted a wetland delineation survey for the property which was reviewed by the City of Mound who has verified that no fill is being placed in the wetland, therefore, a "no loss wetland exemption certificate can be issued for the property; and WHEREAS, Staff has recommended approval of the floodplain alteration permit and wetland exemption certificate subject to conditions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The floodplain alteration permit and wetland exemption certificate are hereby approved subject to the following conditions: a. Verification of the floodplain fill / compensation calculations by the City Engineer for compliance with the floodplain regulations. Appropriate erosion control shall be maintained on the property which shall be made subject to review and approval by the City Engineer including but not limited to, the placement of a silt fence to protect the adjacent wetland and waterbody. Appropriate erosion control measures will need to be maintained until the tuff is re-established. c. The turf restoration must be completed within one week after the excavation and final grading is finished. d. All fees incurred by the City as part of the floodplain alteration and wetland application(s) shall be paid by the applicant. An as-built survey to include all required information pursuant to the City of Mound Survey Requirements as well as and cut and fill calculations shall be submitted the City for review and approval. A certificate of occupancy for the property shall not be issued until the as-built survey has been accepted by the City of Mound. - 1683- fo In the event the grading and/or site alteration(s) is to be undertaken independently of the construction of the new single-family home, a separate grading permit including the payment of all required fees shall be required. The floodplain alteration permit and wetland exemption certificate are hereby approved for the following legally described property included as Exhibit A and graphically depicted as referenced on Exhibit B. 3. The applicant shall comply to the extent required with the provisions of Section 300.15, Subd. 5 of the City Code. 4. The applicant shall comply with the requirements of MCWD Rule B. The applicant shall be responsible for recording this resolution with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1 and shall be responsible for paying for all such costs of recording. This shall be considered a restriction on how this property may be used. Evidence of such recording shall be provided to the City. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted by the City Council this 14th day of June 2005 Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 3 - 1684- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION June 6, 2005 CASE 05-24 / 05-25 Floodplain Alteration Permit Applications 5331 1 5341 Three Points Blvd - Taylor Made Homes I Holly Schad & Wm Mernick Previously, approved subdivision with 20 foot front setbacks. Did not approve any alteration to the floodplain at the time the subdivision was approved. Staff recommends approval subject to the following conditions: 1 .Verification of the floodplain fill/compensation calculations by the City Engineer for compliance with the floodplain regulations. 2. Silt fence to be installed along the boundary of all impacted work areas. The silt fence must be positioned to protect the wetland and adjacent property and will need to be maintained until the turf is re-established. 3.The turf restoration must be completed within one week after the excavation and final grading associated the new home is finished. 4.A signed as-built survey by a professional engineer/surveyor must be submitted. 5.AIl fees incurred by the City as part of the floodplain alteration shall be paid by the applicant. 6. Submittal of a $500 erosion control escrow deposit (per lot) shall be required. 7. In the event the floodplain alteration activities are undertaken separately from the construction of the new single-family home, a separate grading permit shall be required including the payment of all fees. 8.The applicant shall comply to the extent required with the provisions of Section 300.15, Subd. 5 of the City Code. 9.The applicant shall comply with the requirements of MCWD Rule B. Paul Larson (applicant's representative) said the proposed homes are less of an impact on the wetlands than were previously approved. Two lots have sold. All parties are aware of the wetland requirements. Homes are going on pilings, slab on grade. Osmek wanted to be sure all parties, including construction personnel, realize there is no parking allowed on Three Points Boulevard on either side. Weed ordinance. Mueller was concerned that plans show a 932.5 elevation at house corners. The contractor and Mr./arson acknowledged that the lowest floor must be 933 and that the 932.5 elevation is the grade at the foundation, which is acceptable. Mueller also asked what permit is necessary for a dump truck full of dirt. Smith indicated that any activity more than 10 cubic yards requires a grading permit. He feels there needs to be easements to ensure that a future owner cannot fill inappropriately. MOTION by Mueller, seconded by Schwingler, to approve staff recommendation with conditions, to record as-built survey with calculations for elevations, change of survey to reflect lowest floor of 933. MOTION carried unanimously. - 1685- CITY OF MOUND MOUND CITY COUNCIL NOTICE OF FLOODPLAIN ALTERATION PERMIT APPLICATION(S) NOTICE IS HEREBY GIVEN that the City Council will consider floodplain alteration permit applications from Taylor Made Homes for the property located at 5331 Three Points Boulevard and Tracy Schaad / Bill Mernick for the property located at 5341 Three Points Boulevard as part of its regular meeting to be held on Tuesday, June 14, 2005 at 7:30 PM. You are being provided written notice as your property is located within (600) feet of the subject site. Any questions regarding the permit application(s) can be obtained by contacting Community Development Director Sarah Smith at 952-472-0604. Bonnie Ritter, City Clerk - 1686- CITY OF MOUND RESOLUTION # 03-30 A RESOLUTION TO APPROVE THE REQUEST FROM WILLINVl STODDARD OF MINNETONKA ENTERPRISES FOR A MINOR SUBDIVISION I LOT REARRANGEMENT OF LOTS 5-8, BLOCK 4, REPLAT OF HARRISON SHORES, HENNEPIN COUNTY, MINNESOTA TO CREATE THREE (3) NEW LOTS AND FRONT YARD SETBACK VARIANCE TO ALLOW A 20-FOOT FRONT SETBACK P & Z CASE # 03-14 AND 03-15 PID # 13-117-24-22-0046 PID # 13-117-24-21-0050 PID # 13-117-24-21-0051 PID # 13-117,24,21-0052 WHEREAS, the applicant, William Stoddard of MinnetOnka Enterprises, .previously requested a variance(s) approval to alloW a 20-foot front yard setback for Lots 5,8 and lot area variance(s) to allow lots less than the t0,000 sF minimum for LOtS 5,7, Block 4, Replat of Harrison ShOres, Hennepin .C0u.nty~ MinneSOta (the "First Application") Which was withdrawn; and WHEREAS, the applicant, William Stoddard of Minnetonka Enterprises, has submitted an application ("SecOnd Application") and is requesting approval of a minor subdivision of the property legally described at Lots 5-8, Block 4, Replat of Harrison Shores to create three (3) new lots; and WHEREAS, as pan of the SeCOnd Application, the applicant is requesting a variance to Iow a 20-fOot front yard setback forthe proposed minor subdivision and also ,quested a variance to allow, hardcover, up i.o (40) percent Which has now been withdrawn; and - 1687- 1 WHEREAS, the applicant has also requested formal action on a utility easement vacation request, however, formal action on behalf of the .City is not required as it was approved previously; and WHEREAS, the applicant is requesting a waiver of the wetland buffer standards, however, wetland buffers are not required for minor subdivision, projects; and WHEREAS, the applicant is requesting a floodplain alteration permit however formal action on behalf of.the City is not required at this time as a separate permitting process will be required including the submittal of additional information and notification pursuant to the Cooperative Agreement between the City of Mound and the Minnehaha Creek Watershed-District; and WHEREAS, the property is currently zoned R-1 Single-Family Residential District and subject to the provisions of City Code Chapter 350..620 Subd. 2 as follows: '- Lot Lot Lc~t "Front Side Rear Lake Area Width. Depth Setback Setback ._Setback' .,SetbaCk R-I 10,000 60 FT 80 FT 30 FT 10 FT 15 Fi' 50 FT SF WHEREAS, the following table summarizes the lot area, lot width and setback requirements for the subject site as proposed by the applicant:' '-lot. Lot Lot Front Side ' Lakeshore Area Width' Depth Setback Setback(s) Setback Lot 1 13,140 137.4 ft 111 fl: 20ff . 10 / 10 fl: 50 It Lot2 ~2,245'" 11~4,2 ft 115ft · 20ff. '16t'20ff 50..ft LOt3 11;665.J 126.4 ft 98fl 20ff "lO/lift' .~ 50fl WHEREAS, the. minor sUbdivision meets the R.1 District.requirements with the exception of the 204oot SetbaCk requirement; and WHEREAS, strict applicat!on of the 30-foot front setback standard increases impaCts to the floO~l.P[ain and wetland areas located in the rear of the Property due to the potential for additional excavation and filling activities in this area; and WHEREAS, the Planning Commission reviewed the SecOnd Application on March 17, 2003 and unanimously voted to recommend that the City COuncil approve the minor subdivision and variance request .to allow a 20.foot front yard SetbaCk subject to the following Conditions: A. Applicant shall be responsible for payment of ali costs assoCiated with the land use requests. - 1688- 2 Adopted bY the City Council this 25~ day of March, 2003. /s/Bonnie Ritter Attest: Bonnie Ritter, City Clerk IS~ Mark HanuS Acting Mayor Mark Hanus - 1690- RESOLUTION NO. EXHIBIT A -:X~STING LEGAL DESCRIPTION: j3ts 5, 6, T amd 8, B~ock 4, REPLAT OF HARRISON SHORE. S . =ROpOSF. D tJ~GAL DESCRIPTIONS: _~md 11~at p~'[ d Lot 7 whk~h lies we~ed.y. ,J 1', .... ~, ,,.~ r~.,., ~o Northwest ~omer of said Ld~ 7, to a point in the S:~utherly line of said L~ 7 distant 32.14 feet ~asterl¥, as. treasured along said Southerly line, {rom the Southwest comer of saic~ Lot ?, a{~ in BIc~k 4, R~P .{;AT OF HARRISON SHORES, PARCEL 2 and tis extensions, drawn from a 'that part c~ alock 4, REJ='I.-AT· QF HARRISON SHORES, which lies easterly of,a line, . , ne of 7 distant 25, SS feet ras~efly, ~s m~ssured atongI s.ald Nmthedy Ira,e, ,from th.e, iht in the Northerly ii said Lot . · measured am~ sam ~oumer~y po ...... "*- - '"-tnt In the Southerly line of said Lot 7 distant 32.14 feet easterly, aS ng line, from the Southwest c=mmer of said Lot 7; ALSO that part of Lot B, said 'Block 4, which t~es wes~tiy of a line, and rcs extsnslons, drawn from .a point in the Northerly line of sat6 lot 6 distant 51.0Q fe~t easterlY, as measure6 along said Northerly line, fr:3m the Northwest c-c~er ~f said Lot 6, to a point In the Southerly line of said L~t IS dlstsnt 58.24 feet ea~-iy, as measured aJong sal~ Southerly line, from the Southwest comer of saic[ Lot B. PARCEL 3 · Lc~ 5alld that pail; of Lot 6 which ~es ea~edy of a line, and ~ extensions, drawn from a point L~ the Norther'ri line of said Lot 6 'distant 5'I.00 feet easterly, as measured along sa{ti Northerly line, from the No~hwest ~mer of said Lc~ 6; to a point in the .SoutheHy line of said Lc~ ~ distant 5S.24 feet ea~terty, as m~sUred aJong saic[ So .utherly line, from the Southwest corner of said Lot 8, all in Btock 4, REPLAT OF HARPJS'ON SHORES. .. - 1691 - Page 1 of 1 ....... Sarah-Smith .............. From: To: Sent: Subject: "Renae Clark" <rclark@minnehahacreek.org> '"Sarah Smith'" <SarahSmith@cityofmound.com> Thursday, May 19, 2005 9:42 PM 5331 Three Points Btvd, Sarah, The Minnehaha Creek Watershed District has the following comments regarding the above mentioned subdivision: · Calculations should be submitted to demonstrate the cut and fill volumes in the floodplain noted on the proposed plan · Wetland impacts from proposed grading near the homes and from the trails must be accounted for · Wetland buffers must be proposed adjacent to the wetland. A variance from this requirement may trigger the need for District approval per the MOU · District would encourage vegetative restoration of the wetland and shoreline to support a variance request Thank you for the opportunity to provide comments. Renae Clark District Technician 18202 Minnetonka Blvd. Deephaven, MN 55391 Ph. 952-471-0590 Fx. 952-4'71-0682 - 1692- 5/23/2005 ! ! COMBINED JOINT NOTIFICATION FORM - WA~ER RESOURCE APPLICATION Use this form to notifylapplY to the City of Mound, their engineering consultants, the DNR, and the Minnehaha Creek Watershed District of a proposed water/wetland project or work that fails within their jurisdiction. These agencies should advise you of their requirements within 10 days. Fill out this form completely and mail a copy, with plan, maps, etc, tO the City of Mound, 5341 Maywood Road, Mound, MN 55364. Keep a copy for your records, YOU MUsT OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. fAP~_P.LIC~NT NAME r- APPLICANT ADDRESS PROJECT ADDRE~ PROPER~ I.D. N 13 ti I AREA FILLED OR EXCAVATED IS O,a.~ p 74,./, CITY STA i1- Zl P CITY STA1 E ZIP VOLUME OF FILL OR EXCAVATION (CY) ACRES, OR ~ SQUARE FEET· TYPE OF PERMIT' BEING APPLIED FOR: (Check all that apply) [~LOODPLAIN ALTERATION [] STORM SEWER OUTFALLS APPLICANT,S REPRESENTATIVE: !Licensed Contractor, Engineer, etc) '73' CITY STATE Zl P ADDRESS PROJECT PURPOSE (Why is this project needed - v~hat benefits will it provide?) ALTERNATIVES (Describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing Water/wetland impacts. Attach additional sheets, if needed. Proposed completion: DATES: Proposed start of activity: (Identify any completed work on attached__~rawiag~ NAMES & ADDRESSES OF ADJOINING PROPERTY OWNE~ :_RMITS HAVE BEEN RECEIVED ® OR APPLIED FOR (A) FROM. DNR COUNTY cITY MN POLEUTtoN CONTROL,AGeNCY . ARMY CORPS OF ENGR here'by notify the' recipients of this form of the project proposed herein and request I be advised of any permits or other determinations'concerning this' project ..that I muSt obtain.'::. I'~ understand that pro. ceeding with work before all required a/~tho/i~.ti~'are obtained may be subject to Federal, state and/or local administrative, civil and/or criminal. - 1693- INSTRUCTIONS-'PLEASE READ CAREFULLY A copy 'of this form, with copies of all plans, drawings, etc. should be sent to each agency indicated below. Please check the appropriate spaces to show everywhere you.are sending this form. Remember to keep a copy for your records. C.'/Minnehaha Creek Wat. ers ed istrict (MCWD) ,,'"Minnesota Department of Natu'ral P, esour~es'(MDMR) P, egional Office v/US,Army Corps of Engineers (ACOF_) at: Dept, of the .Army, Corps:.p.f. Engineer, s, St. Paul District- A'I'TN: CO-R, 19.0 Fifth Street East, St. PaUl, MN 55101-1638 Notei'¥1~e agencies above may pr'0~id~'a copy of your ~,ornplet'ed form to the Minnesota Control Agency (MPCA). MPCA water quality issues may apply t9 your pmpos~ed~, projec[. ATTENTION (from USDA): Any activity including (]ralnag~, are(~glng, filling, leveling o~' other manipulations, inClUding maintenance, may.~ff~.gt a landuser's el.i~ility for USDA benefits under the 1985 Food Security Act as amended. Check with you local USDA office to request and complete Form AD-1026 prior to initiating activity. IMP.QRT,~N3';.. Some. agencies,jncluding the Corps of Engineers and the MDNR acCept this form · as a perm app~icatlot~ form. If yo~l wmh this form to cons~ute~,n.,,..a~_.p~ltcat!:~.., t~th,,e...Corps ,q0d/or MDNR for ~ny ~ne.cessary permits for your projects please c~r~{uil~;' ~'~ad {1~ ~Olldwih(~'in{0~-~n~ti~n Application is hereby made for a permit to authorize the activities described heroin, I'~certify that.~l am familiar with the information contained in this. application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the authority~3.WD¢.m~ke the proposed activity or I am acting as the duly authorized agent of the Signatur.,~plicant Date. Signature of Applicant Date Note: The perSon who desires' to under'ake the proposed activity must sign the application (Applicant) or it may be signed by a duly authorized agent if the information requested below is provide. ^ enrsAddress: ( /x y2 r P 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction Of any department or ~a~enC~/of the United states knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be' fined not more than $10,000 or imprisoned not more than five years, or both. - 1694- PAUL LARSON EAST LOT FILL BELOW 931.0 FLOOD PLAIN DEPTH AREA 0' 1200 + S.F. 0.5' 500 + S.F. 0.8' 90 4- S.F. INCR. VOL. > 425 C.F. > 88 C.F. 513 C.F. COMPENSATING CUT TO CREATE FLOODPLAIN EAST SIDE DEPTH AREA 0' 1150 4- S.F. 0.5' 650 4- S.F. 0.7' 150 4- S.F. WEST SIDE INCR. VOL. > 450 C.F. > 80 C.F. 530 C.F. DEPTH AREA INCR. VOL. 0' 200 4- S.F. 0.5' 20 + S.F. > 55 C.F. TOTAL COMPENSATING CUT = 585 C.F. GRONBERG & ASSOCIATES. 445 N. WII&OW DR. [.(3NO LAK~ Mlq 55356 - 1695- / I / /'~/// / / / :~o.oo / / / ---/__ / 3.00 / /' 4.00 oO' ~ ~ '~ISASEMENT - 1696- I ! / ! / / / / / I / I I 0 / / / 1- ./ S 35o45,57,, W - 1697- / I I I i ! / / I Name(s) of Applicant / IAI/V 3/o Street Address City, State, Zip Code 1/4 S UTM Coordinates: X Y County Name/Number: ~ meg ~. Minor Watershed Name/Number: /.J~, Size of entire wetland: acres Wetland type: Circular 39 ? ; NWl APPLICANT AND PROJECT LOCATION INFORMATION LOU: .C___ q3mo o 13-i/7-2 VZ Project' Location: I/4 T R (~'/2) '7E) / (~7 ~/ Check one: [] < 50%, [--] 50%- 80%, or ~ > 80% Telephone ~ay) (Evening) Check one: ~ A~culmml l~d ~Non-ag. land PROPOSED PRO.CT DESC~TION Describe the nature and pu~ose of the proposed project: ~ ] ~ff~ ff~[~ ~ ~ (attach additional pages if needed) Timetable: project will begin on '7 / / / 0...,q' (mo/day/yr) and will be completed by 7 / / / ~ t~ The wetland activity at the above site qualifies for the following under the Wetland Conservation Act (WCA) (check one): No Loss Determination (attach plans) Exemption # ff (per MN Rule Chapter 8420.0122) (Note: Applicant is responsible for submitting theproof necessary to show quali, fication for the exemption claimed.) Description of Exe[nption Claimed: APPLICANT SIGNATURE The information provided for this determination is truthful and accurate to the best of my knowledge. I ensure that, in draining, excavating, or filling the subject wetland under an exemption noted above; appropriate erosion control measures will be taken to prevent sedimentation of the water; the drain, excavation, or fill will not block fish passage; and the drain, excavation, or fill activity will be conducted in compliance with all other applicable federal, state, and local requirements; including best management pm. ctices ~nd water resource protection (Signature of Applicant)~ Application for Certificate of No Loss or Exemption requirements established under Minnesota Statutes, Chapter 103H. (Date) Page ! of 2 - 1698- (April 2003) Note: This approval is not effective until the signatures below are completa No work should begin until the 30-day appeal lapsed, or, in the event of an appeal, until the appeal has been finalized. A.) LGU has received adequate-documentation for claim of No-Loss or.Exemption, and approves this certificate as outlined above. This Certificate expires (Date) (LGU OffiCial Signature) (Date) ~- If this certificate aPplies to 8420~01.22, Subp. 1 or SUbp. 2B, then Item B below shall be completed and signed by the LGU. >' If not, the LGU shall write "Not Applicable" in signature block below and the ,certificate is complete. B.) LGU has received evidence of recording of Declaration of Restrictions and Covenants for Impacted Wetland Under Agricultural.Exemption (BWSR Form B): (County where recorded) (Date recorded) (Document # assigned by recorder) (LGU Official.Signature) (Date) *APPROVAL OF THIS CERTIFICATE ONLY APPLIES TO THE WC~. Permits from local, state, and federal agencies may Op required. Check with the appropriate authorities before commencing work in or near wet. lands. The Combined Project lication form can be used for this purpose. Notice of the above decision must be mailed to the following parties within 10 working days of the decision: 1. Landowner/Applicant 2. Members of the Technical Evaluation Panel 3. Watershed District or Watershed Management Organization (If Applicable) 4. Department of Natural Resources Regional Office 5. DNR Wetlands Coordinator ~ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 6. Corps of Engineers Project Manager ~ Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-P,., 190 Fifth Street East St. Paul, MN 55101-1638 7. Members of the public who have requested to receive notice. Application for Certificate of No Loss or Exemption Page 2 of 2 (April 2003) FROM : GRONBERG E ASSOCIATES FAX NO. : 952 473 4435 May. 25 20~5 04:43PM P3 '58,24 ........... 95.65 / / / / LJIL. I - 1700- 6eoo~,es Property Information Search by Property ID Result page Page 1 of 2 WWW. Search By: Property ID: 1311724210096 Hennepin MN Tnf0rmation Search Result Property The Hennepin County Property Tax web database is updab daily (Monday- Friday) at approximately 9:15 p.m. (CSTi Parcel Data for Taxes Payable 2005 Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: ~!~1~, THREE POINTS BLVD MOUND 277 Construction year: 3 Parcel Size: 138X96X 3200 MAIN ST #310 COON RAPIDS MN 55448 Most Current Sales Tnformation Sales prices are reported as listed on the Certificate of Real Estat, and are not warranted to represent arms-length transactions. Sale Date: April, :2005 Sale Price: $345,000 Transaction Type: Vacant Land Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description REPLAT HARRISON SHORES 004 LOT 5 AND THAT PART OF LOT 6 LYING SELY OF A LINE DESC AS BEG AT A POI ON THE N LINE THOF DIST 51.00 FT SE OF THE NW COR OF SAID LOT 6 TO A P' Note: This is a Partial Metes & Bounc Description. To receive full tax parcel description request to ~taxdescription@co.hennepin.mn.us Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable .200-' Values Established by Assessor as of 3anuary 2, 21 Estimated Market Value: $109,000 Limited Market Value: $54,100 http://www2.co.hennepin.mn.us/pins/pidresult-o-- ! 701 - 5/24/2005 Hennepin County Map Server Page 1 of 2 Hennepin County, MN Click on map to view information on adjoining properties Scroll down to see property address, value & tax info Last update: 5/3/2005 at 1:00 PM READ IMPORTANT DISCLAIMER INFORMATION BE LOW Property ID Approximate Approximate Property Perimeter Property Area ;l~q~-ggg& 467 ff. 13,703 sq.f.= 0.315 acres Property Address Market Value Total Tax (2005) MOUND, MN 55364 $ 109,000 $ 798.96 Click on Property Information Button below to view main tax in.formation page for the property you have selected The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618 or via e-mail at Bob. Moulder@co.hennepin.mn.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation. http://wwwl 9.co.hennepin.mn.us/scripts/esrim2~.~7.0..2_2me=Hennepin&Crnd=ZOOMOUT... 5/24/2005 I I I I I I I ! ! I I I ! ! ! ! I -~- 1703-- 00~ I~L~ON LAFAYETTE ~'EEEHJ.~ON 66'96~ THIS PAGE IS INTENTIONALLY LEFT BLANK - 1704- CERTIFICATE OF ,.. _,RVEY FOR PAUL LARSON LOT 5 & PART OF LOT 6, ~BL. 4, REPLAT OF HARRISON SHORES HENNEPIN COUNTY, MINNESOTA LAG / / // i~ / / i / / / / / / i / SW comer 0 0 N. 11,665 + SQ. FT. DRY / / . 95. 65 / / PROPOSED ELEVATIONS 1) Garage: 936.0 2) Top of Foundation: 936.3 3) Basement= 933.0 LEGAL DESCRIPTION OF PREMISES Lot 5 and that part of Lot 6 which lies easterly of a line, and its extensions, drawn from a point in the Northerly line of said Lot 6 distant 51.00 feet easterly, as measured along said Northerly line, from the Northwest corner of said Lot 6, to a point in the Southerly line of said Lot 6 distant 58.24 feet easterly, as measured along said Southerly line, from the Southwest corner of said Lot 6, all in Block 4, REPLAT OF HARRISON SHORES This survey shows the boundaries of the above described property, and the proposed location of a proposed house thereon. It does not purport to show any other improvements or encroachments. O: (933.0) : ---933- : -- ~-~]-: DESCRIPTION GRONBERG & ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYORS, SITE p[J~INERS 445 N. WILLOW DR* LONG LAKE, MN. 55356 952-473-4141 denotes iron marker denotes existing spot elevations, mean sea level datum denotes proposed spot elevations, mean sea level datum denotes existing contour line denotes proposed contour line Bearings shown are based on assumed datum 1 HEREBY CERTIFY THAT THIS PLAN. SPECIFICATION. OR REPORT i WAS PREPARED BY ME OR uNDER MY DIRECT SUPERVISION AND I 1"=20" THAT I AM A OlJl_Y LICENSED PROFESSIONAL ENGINEER AND LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ~ DATE °ATE ~ MN ,io%£ N,..ER _/ZTJ',/ COMBINED JOINT NOTIFICATION FORM - WATER RESOURCE APPLICATION Use this form to notify/apply to the City of Mound, their engineering consultants, the DNR, and the Minnehaha Creek Watershed District of a proposed water/wetland project or work that falls within their jurisdiction. These agencies should advise you of their requirements within 10 days. Fill out this form completely and mail a copy, with plan, maps, etc. tO the City of Mound, 5341 Maywood Road, Mound, MN 55364. Keep a copy for your records. YOU MUst OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. APPLICANT NAME APPLICANT ADDRESS CITY STATE ZIP ~ROJECT ADDRESS CITY ~ROPER~ I.D, NUMBER t~ "~ .... ~ LENGTH OF SHORE AFFECTED (FT) ~ ~ ~ ~REA F~LLED OR EXCAVATED ~S ~,¢~ ACRES OR:~ ~RE'F'~E~. TYPE OF PERMIT BEING APPLIED FOR: (Check all that apply) ~ FLOODP~IN ALTE~TION ~ STORM SEWER OUTFALLS APPLICANT'S REPRESENTATIVE: (Licensed Contractor, Engineer, etc) ¢~- ~ ~1~ STATE P~OJEGT P~OSE (Wky i~ tki~ pmjact ~aadad - ~kat ka~a~t~ will it pra~ida?) ALTERNATIVES (Describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing water/weUand impacts. Attach additional sheets, if needed. DATES: Proposed staA of activin: ~. ~ ~ Proposed completion: ~. (Identi~ any completed work on a~ached dra~ng.) NAMES & ADDRESSES OF ADJOINING PROPER~ OWNERS (A~ach list if more) PERMITS HAVE BEEN RECEIVED ~ OR APPLIED FOR (A) FRoM DNR ~ ARMY CORPS OF ENGR COUN~ CI~ .. MN POLLUTION CONTROL AGENCY I hereby noti~ the recipients of this form of the project proposed herein and request I be advised of any permits or other determinations concerning this project that I must obtain. I understand that proceeding with work before all required authorizations am obtained may be subject to Federal, State and/or local administrative, civil and/or criminal ~ignat:re of pe~~roject or Agent Da~-~~ - 1706- INSTRUCTIONS - PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc. should be sent to each agency indicated below. Please check the appropriate spaces to show everywhere yoU ~are sending this form. Remember to keep a copy for your records. _~ Minnehaha Creek Watershed District (MCWD) ~vlinnesota Department of Natural Resources (MDNR) Regional Office US Army Corps of Engineers (ACOE) at: Dept. of the Army, Corps Engineers, St. Paul of District - ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638 Note: The agencies above may provide a copy of your completed form to the Minnesota Pollution ~ Control Agency (MPCA). MPCA water quality issues may apPly to your proposed project. ATTENTION (from USDA): Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with you local USDA office to request and complete Form AD-1026 prior to initiating activity. I-M-~5~RYAN-T:- S-0m--~-a-~n--cies, i'n~iu--~i~'g the C~3-~i~S' ~'{~n~i~e-~-a~-(J-"t~-'M-~'N-~-~ept this form as a permif application form. If you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your projects please carefully read the following information and sign where indicated. Application is hereby made for a permit to authorize the activities described herein. I certify that I am familiar with the information contained in this. application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the authority to undertake the proposed activity or I am acting aS the duly authorized agent .of the applicant. Date sigfiat~e of ApPlicant"-'""- ~ig&a[ure ot A~pli n~t..-~ .... Date / Note: The person who desires to undedake the proposed activity must sign the application (Applicant) or it may be signed by a duly authorized agent if the information requested below is provide. Agent's Name a Title: Agent's Address: "~/ /D~5~///(~.. C ~//~7 ~/~ Agent's TelePhone: 18 u.s.c, section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United states knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a matedal fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. - 1707- tl i]~ APPLICANT AND PROJECT LOCATION INFORMATION Name(s) of Applicant Project Loca~tion: 1/4 1/4 S T S~,.~ Addre,ss . City, State, Zip Code Telephone (Day) (Evening) Describe the nature and purpose of the proposed project: 3L/E. PT-- A/o NE 7-- Co 3' UTM Coordinates: X__ Y__ __R (~) County Name/Number: Minor Watershed Name/Number: /~(. Size of entire wetland: acres Wetl~d ~e: Circulm 39 v/ .; ~ Check one: ~<50%, ~50%-80%, or~>80% Check one: ~ A~cul~l l~d ~Non-ag. land PROPOSED PRO'CT DESC~TION The wetland activity at the above site qualifies for the following under the Wetland Conservation Act (WCA) (check one): No Loss Determination (attach plans) Exemption # (per MN Rule Chapter 8420.0122) (Note: Applicant is responsible for submitting the proof necessary to show qualification for the exemption claimed.) Description of Exemption Claimed: APPLICANT SIGNATURE The information provided for this determination is truthful and accurate to the best of my knowledge. I ensure that, in draining, excavating, or filling the subject wetland under an exemption noted above; appropriate erosion control measures will be taken to prevent sedimentation of the water; the drain, excavation, or fill will not block fish passage; and the drain, excavation, or fill activity will be conducted in compliance with all other applicable federal, state, and local requirements; including best tanagement practices ~nd water resource protection requirements established under Minnesota Statutes, Chapter 103H. (Signatur~ of A~plicant) (Dat6) ' Application for Certificate of No Loss or Exemption (April 2003) -1708- Note: This approval is not effective until the signatures below are complete. No work should begin until the 30-day appeal window has lapsed, or, in the event of an appeal, until the appeal has been finalized. FOR LGU-USE ONLY A.) LGUhas .reCeiVed adequatcdocumentationforelaim:ofNo-l~oss 0r~Exemption, and approves thiS;Certificate as outlined above. This. eeffificate ,expires (Date) (LGU Offici~il-signatUre) (Date) >' -I,f~this.¢ertificate applies to8420.0122, SUbp. 1 or SQbp. 2B;'then ItemB below shiillbe' completed and signed~by;the LGU: > If:not, ~e LGU Shall write "Not ApPlicable' in Signature block below andthe certificate is-complete. B.):LGU ~hasreceivedevidence.Ot~rec0rding of Declaration of Restrictions and Covenants for Impacted.'Wetland Under Agricultural E*temptlon (BWSRForm .'B): (county where'reeorded) (Date recorded) (Document#,assigned by recorder) *APPR 0 VAL OF THIS CER TIFICA TE ONLY APPLIES TO THE WCA. Permits from local, state, and federal agencies may be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project Application form can be used for this purpose. Notice of the above decision must be mailed to the following parties within 10 working days of the decision: 1. Landowner/Applicant 2. Members of the Technical Evaluation Panel 3. Watershed District or Watershed Management Organization (If Applicable) 4. Department of Natural Resources Regional Office 5. DNR Wetlands Coordinator ~ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 6. Corps of Engineers Project Manager ~ Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 7. Members of the public who have requested to receive notice. Application for Certificate of No Loss or Exemption Page 2 of 2 - 1709- (April 2003) FROM : GRONBERG & ASSOCIATES FAX NO. : 952 4?3 4435 LOT ,; //~ // co/v; Maw. 25 20E]5 04:43PM P2 I / / ~;"~' / / .... · / koO0 / OL" ?'L 0 7' :yHARRISON SHORES, which lies easted' ' istant 25.88 feet e ..... fY-of a line, and ils e~ten$lo,.- .~___ . ,. ,..__, .......... a.. stedy, as measured,alOha ' .~, urawn from ,-1710-rfh~;l~,u.,.. ,,...._ .~. ..... a / / I .,, / / / / PROPC 1) Gara. 2) Top ~ 3) Base PAUL LARSON MIDDLE LOT FILL BELOW 931.0 FLOOD PLAIN DEPTH AREA 0' 2200 ± S.F. 0.5' 500 ± S.F. 0.7' 80 ± S.F. INCR. VOL. > 675 C.F. > 58 C.F. 733 C.F. COMPENSATING CUT TO CREATE FLOODPLAIN EAST SIDE DEPTH AREA 0' 1200 4- S.F. 0.5' 700 ± S.F. 0.7' 130 4- S.F. WEST SIDE INCR. VOL. > 475 C.F. > 83 C.F. 558 C.F. DEPTH AREA INCR. VOL. 0' 800 ± S.F. 0.5' 30 ± S.F. > .207 C.F. TOTAL COMPENSATING CUT = 765 C.F. ?ILO§ G"RO~G & ASSOCIATES. INC~ 445 N. WILLOW DR. lONG LAKE, MN 55356 -1711 - -1712- : : I t I I I I -/ / / / / / / / OF ¢O"T \.'"" 32.14 A=15o31'5~ __.- ---- L-'z12-~.l'~ 64,00 32.07 33.16 "'",,,TEP WETL, PAI LINE ~._~...' 929.4- CONTOUR LINE I ,~'¢~c¢ 58.24 S 73°33'00" E 94.00 -1713- / / / O,NE 98 NORTH LA I I I I I I I I I I I I I I I I I I I I I I I I I I Page 1 of 2 Property Information Search by Property ID Result page Search By: Property 'rD: 'i3 i" i'72~ :;i'009 7 Henne n untY, MN Property information Search Result The Hennepin county Property Tax web database is updat daily (Monday - Friday) at approximately 9:15 p.m. (CS3 Parcel Data for Taxes Payable 2005 1.3.1.17-24-21.-0097 Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: owner Name: Taxpayer Name & Address: 5341 MOUND 277 3 THREE POINTS BLVD Construction year: Parcel Size: 120X123 WILLIAM 3 STODDARD WILLIAM ] STODDARD 2605 KELLY AVE EXCELSIOR MN 55331 Most Current Sales information Sales prices are reported as listed on the Certificate of Real Estat, and are not warranted to represent arms-length transactions. NO SALE iNFORMATION ON FILE FOR THIS PROPERTY. Tax Parcel Description REPLAT HARRISON SHORES Addition Name: Lot: Block: Metes & Bounds: 004 THAT PART OF LOT 6 LYING NWLY OF A LINE DESC AS BEG AT A POINT ON THE LINE THOF D[ST 51,00 FT SELY OF THE NW COR OF SAID LOT 6 TO A PT ON TH Note: This is a partial Metes & Boun( Description. To receive full tax parcel description request to ~-on co.henne in.mn.us Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 200 Values Established by Assessor as of 3anuary 2, 2 Estimated Market Value: $10%000 Limited Market Value: Taxable Market Value: $54,100 $54,1oo ~,,,~,.//www2.co.hermepin'mn'us/pins/pidresult '~- ,171 5 - 5/24/2005 Hennepin County Map Server , Hennepin County, MN C/ick on map t~o view information on adjoin:lng properties Scroll down to see property address, value & tax :info ZOOM PAN Page 1 of 2 Last update: 5/3/2005 at 1:00 PM READ IMPORTANT DISCLAIMER INFORMATION BE LOW Property ID ApProximato Approximat~ Property Perimeter Property Area 13-117-24-21-0097 460 ft. 12,983 sq.ft. = 0.298 acres Property Address Market Value Total Tax (2005) 5341 THREE POINTS BLVD MOUND, MN 55364 $ 109,000 $ 798.96 Click on Property Information Button below to view m.a:in tax in.formation .page for the property you h.ave selected The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies, The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin via e-mail at ~~_.e.r_ co:henne in.mn.us County Survey Division)at (612) 348-2618 or The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution, This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation, THIS PAGE IS iNTENTIONALLY LEFT BLANK -1717- CERTIFICATE OF SURVEY FOR PAUL LARSON IN LOTS 6 & 7, BLOCK 4, REPLAT OF HARRISON SHORES HENNEPIN COUNTY, MINNESOTA Drainoge and i ilit e°$ements / ,, ': ~...' :' ~ .... _., ~ / ~~ IIl~ ~ z~.~........... // · / ........ / ' ~ 0 0 " pROPOSED ELEVATIONS ~ 1) Garage= g36.0 2) Top of Foundation= g36.3 LEGAL DESCRIPTION OF PREMISES: ' ~ - 3) Basement= g33.0 That pa~ of Lot, 7 Block 4, REPOT OF HARRISON SHORES, which lies easterly of a line, and its extensions, drawn from a point in the Nodherly line of said Lot 7 distant 25.88 feet easterly, as measured along said No~herly line, from the No~hwest comer of said Lot 7, to e point In the Southerly line of said Lot 7 distant 32 14 feet easterly, as measured along said Southerly line, from the Southwest corner of said lot 7; ALSO that pa~ of Lot 6, said Block 4, which lies westerly of a line, and ils extensions, drawn from a point in the NoHhedy line of said Lot 6 disland 51.00 feet easterly, as measured along said No~herly line, from the Northwest corner of said Lot 6, to a point in lhe Southerly line of said Lot 6, d stant 58.24 feet easterly, as measured along said Southerly line, from the Southwest comer of said Lot 6. o: denotes iron marker (933.0): denotes existing spot elevations, mean sea level datum This su~ey shows the boundaries of the above described prope~, and the proposed location of a p~posed house thereon. It does not ~: denotes proposed dpot elevations, mean sea level datum purpod to show any other improvements or encroachments. ~ ~93~: denotes existing contour line _. -- --~: denotes proposed contour line Bearings shown are based on assumed datum DESIGNED REVISION DATE OESCR~TION I ~REBY CERTIFY THAT TH~ PLAN, SP{CIFICATION. OR REPORT SCALE WAS PREPAREO BY ~ OR UNDER MY D~ECT SUPERVISION AND gRONBERG & ASSocIATEs, INC. PRJ s,~ ~.~.s 4~28~05 C HECKE~ .5N. WILLOW DR. LONG LA KE, MN. 553~ 952~7~41 ' 5341 Maywood Road Mound, MN 55364 (952)472-3190 Executive Summary TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: June 9, 2005 SUBJECT: Variance Request - Side Setbacks ("After the Fact") OWNER/APPLICANT: Dan Rivers PLANNING CASE NUMBER: 05-37 LOCATION: 6379 Bartlett Blvd. PID: 23-117-24-32-0067 ZONING: Residential District R-1 COMPREHENSIVE PLAN: Residential BACKGROUND At its June 6th meeting, the Planning Commission reviewed a request from Dan Rivers for an After-the-Fact" variance to allow side setback(s) of 9.8 feet on the west side and 9.9 feet on the east side for a new single-family home recently completed at 6379 Bartlett Blvd. The requested variance is outlined below: Existin.q Proposed Required Variance Side - west 9.8 feet 10 feet 10 feet 0.2 feet Side - east 9.9 feet 10 feet 10 feet 0.1 feet BACKGROUND The City Council approved a minor subdivision involving the subject property in 2002, subject to conditions, including the requirement that the newly created lots would be assigned of "non lot of record" status. Based on review of the as-built for the new house, the minimum side setback of (10) feet is not being met on either the west or east side(s). Copies of the approved building permit and as-built survey(s) have been included as attachments. -1719- REVIEW PROCEDURE City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound and generally states that a variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land. 60-DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance application was received and deemed to be complete on or around May 20, 2005. NOTIFICATION City policy requires that abutting property owners are notified of variance requests by mailed notice. CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. GENERAL COMMENTS 1. The side setback(s) for principal structures for non-lots of record in the R-1 District is 10 feet. As the City Council may be aware, City policy now requires the submittal of an as-built survey for all new single-family homes prior to issuance of the Certificate of Occupancy to ensure consistency with the approved building permit. Upon submittal of the as-built for the subject property, staff determined that the new house, as constructed, did not meet the 10 foot side setback requirement. Beginning in 2004, support has been expressed by the Planning Commission and City Council for retainment of "lot of record" status for waiver of platting requests however this approach but has not been applied to minor subdivisions. According to the survey submitted with the building permit, hardcover was under the (30) percent restriction. The proposed as-built hardcover sheet also meets the 30 percent hardcover allowance. - 1720- Members are advised that Staff is working on a new policy to require submittal of a foundation survey. This process is currently used in the City of Minnetrista who has adopted a "zero tolerance" policy for after-the-fact setback variances. The Certificate of Occupancy for the structure has not been issued due to the deficient setback issue. Additionally, final grading activities have not been completed. The applicant has indicated that poor weather has delayed completion of this project. STAFF RECOMMENDATION Staff recommended denial of the request due to lack of hardship and evidence that the requested variance(s) are the minimum amount possible to accomplish the intended task. Specifically, there may be alternate means to bring the new house closer in compliance with the setback standard including, but not limited, to the approval of a boundary adjustment(s). Due to the proposed location of the new house under construction on the east side, there may be little room to correct the deficiency. Members of the Council are advised that the applicant has indicated that he has informally discussed this option with the neighbor to the west however no commitment on either side has been made. Staff has confirmed this information with the "western" neighbor who expressed their strong desire to have the grading and sedimentation control activities completed as soon as possible. No information regarding the "east" property is available. Staff will further comment on this matter at the meeting. PLANNING COMMISSION MEETING OVERVIEW The applicant was not present at the meeting, however, the Planning Commission opted to discuss the case. Specifically, members discussed that 'human error" can occur on construction projects but was unable to determine how the mistake happened or whether there are means to minimize and/or eliminate the deficiencies as the applicant was absent. The Planning Commission further discussed that there needs to be improved methods to prevent this type of error from happening in the future. The Planning Commission voted six in favor and one opposed to recommend denial of the variance as recommended by Staff. A copy of the June 6, 2005 Planning Commission meeting minute excerpts (draft) has been included. Additionally, a draft resolution has also been prepared. - 1721 - ADDITIONAL COMMENT(S) 1. Staff has confirmed the June 14~ City Council meeting date with the applicant. 2. As of June 9~, final grading / sedimentation control activities have not been completed. - 1722- MINUTE EXC'ERPTS MOUND ADVISORY PLANNING COMMISSION June 6, 2005 CASE 05-37 Variance - Side setbacks for new SFD ("After the Fact") 6379 Bartlett Blvd - Dan Rivers Smith reviewed the parcel history with the Commission. The as-built came in with setbacks that were shorter than was approved and shorter than required setbacks by City Code. Due to lack of hardship and evidence that the requested variances are the minimum amount possible to accomplish the intended task, Staff does not support the variance and therefore recommends denial. Specifically, there may be alternate means to bring the new house closer in compliance with the setback standard including but not limited to the approval of a boundary adjustment. Due to the proposed location of the new house under construction on the east side, there may be little room to correct the deficiency. The applicant is currently researching this option. Ayaz felt zero tolerance is zero tolerance. Mueller said that, with dirt work and elevations, it is very difficult to be exact. Poured concrete wall forms sometime move in the course of filling them. ^yaz asked Mueller where his tolerance ends. Mueller said 6 inches would be his limit. Osmek wanted to table to impress the importance of this error on the owner. Glister feels it's a waste of time to table. Ayaz wants a tolerance limit. Schwingler felt that each one should be dealt with on a case by case basis - no "tolerance limit". Michael said that if you have a 40 foot limit stay at 39 feet to allow for errors. MOTION by Osmek, seconded by Miller, to recommend denial. MOTION carried. Voting for: Schwingler, Glister, Michael, Osmek, Hasse, Ayaz, Miller. Voting against: Mueller. - 1723- CITY OF MOUND RESOLUTION # 05- RESOLUTION TO DENY SIDE LOT SETBACK VARIANCES FOR PROPERTY LOCATED AT 6379 BARTLETT BOULEVARD PID No. 23-117-24-32-0067 WHEREAS, the applicant, Dan Rivers, submitted an "after the fact" variance application for a side lot setback variance for a new single-family home located at 6379 Bartlett Boulevard; and WHEREAS, the requested variances are outlined below: Existin_q Proposed Required Variance Side - west 9.8 feet 10 feet 10 feet 0.2 feet Side - east 9.9 feet 10 feet 10 feet 0.1 feet WHEREAS, the subject property was part of a minor subdivision submitted by John Pastuck (Natural Homes) which was approved on August 28, 2002 following adoption of Resolution No. 02-86; and WHEREAS, the minor subdivision approval was made subject to "non-lot of record" provisions which requires 10 foot side setbacks and hardcover not exceeding 30 percent; and WHEREAS, the building permit issued for the new single-family home showed side setbacks of (10) feet on the west and east side(s); and WHEREAS, the location of the new house shifted during the construction process and is 9.8 feet from the west lot line and 9.9 feet from the east lot line and therefore does meet the required minimum setbacks; and - 1724- WHEREAS, the Planning Commission reviewed the request at its June 6, 2005 meeting and voted 6 to 1 to deny the requested variance due to lack of hardship and evidence that the requested variance(s) are the minimum amount necessary to accomplish the intended task as recommended by Staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City does hereby deny the side yard setback variances based on the following findings: a. Hardship has not been demonstrated by the applicant. b. The variance critieria as set forth in City Code Chapter 350.530 are not being met. 2. This variance is denied for the following legally described property as stated in the Hennepin County Property Information System: See Exhibit A The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted June 14, 2005 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk - 1725- CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 VARIANCE APPLICATION Application Fee and Escrow, Deposit required at time of applicati~ ~_~.. Planning Commission Date Case No. ~ P City Council Date Please type or print legibly PROPERTY Subdivision ZONING DISTRICT ~ R-lA R-2 R-3 B-1 B-2 B-3 PROPERTY Name ~,~c i ~ c~ Phone Home ~G~-~-~ Work Fax APPLICANT Name (IF OTHER Address THAN OWNER) Phone Home Work Fax Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes ( ) No (~'). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Vadance Information (10/28/2004) Page 4 of 6 -1726- Case No. 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: REQUIRED REQUESTED VARIANCE (or exi,sting) Front Yard: ( N S E W ) ~ ff. ff. .// ' ff. Side Yard: (, S E W ) t~~) fi. ~,~'~, ~O"'Jff '~. J/--~' .,. Rear Yard: (NS EW) ~5 ft. '~//,~ ftl ff. Lakeside: ( N S E W ) ft. ft. ft. · (NSEW) ft. ff. ft. Street Frontage: ft. ft. ft. Lot Size: ' sq ff .sq ff _sq ff 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (), 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 ( ) too shallow Please describe: ~'~"t~ [ ( ) topography ( ) drainage ( ) shape ( ) soil ( ) existing situation ( ) other: specify x~ Variance Information (10/28/2004) Page 5 of 6 -1727- Case No. 6. Was the hardship described above created by the action,~anyone having property interests i~ the land after the zoning ordinance was adopted (1982)? Yes ( ),1;1~ (). If yes, explain: 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes~::~', No (). If no, list some other properties which are similarly affected? 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. Date Date Variance Information (10/28/2004) Page 6 of 6 -1728- b"TrY OP' MOUND: HARDCOVER C.ALCULATIONS (IMPERVIOUS SURFAOE COVERAGE) IPROPERTYADDESS: GZ'T¢' 4¢~¢/47':zi. 4~ ~Z VO /~oc4V~/ OWNER'S NAME: ,¢~//~-~ ~/ LOT AREA /~//%~, / SQ. FT] X 30% = (for all lots) [ LOT AREA SQ. FT. X 40%: (for Lots of Record) ............................. * Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 6.B.1 (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE X = DETACHED BUILDINGS (GARAGE/SHED) TOTAL HOUSE .................................................... X = X = TOTAL DETACHED BUILDINGS.: ............ , ................ DRIVEWAY, PARKING AREAS, SIDEWALKS~ ETC. DECKS Open decks (1/4" min. Opening between boards) with a pervious surface under are not counted as hardcover. TO%AL DRIVEWAY, ETC X = X = TOTAL DECK ....................................................... X = TOTAL OTHER .................................................... TOTAL HARDOOVER / IMPERVIOUS SURFAOE ................................................... UNDER / OVER (indicate difl~mu~,,..~,, ,.. ........................................................... PREPARED BY ,,, ~"~'7 DATE ~ ~- %-'--(:D .<~ Revised 08/06/03 -1729- THIS PAGE IS INTENTIONALLY LEFT BLANK - 1730- I ~ I~V / ~ ~' I ~ ..... ~ II 0 ~ % The westedy line of ROLUNG SHORES '~, >~ ~ ~.~' ~g~ · m~m~.~- ~ ~ vi ~o~.~ N 00'00'00" If" 34.33 1 70. O0 SOUTH The westeHy line of ROILING SHORES CITY OF MOUND MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound,com June 14,2005 TO: FROM: RE: Mayor and City Council Bonnie Ritter Fi Yin and Shun Bo Moy - dba House of Moy I was informed that the House of Moy has a delinquent utility bill, and our city code states that no license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. Therefore, the approval of the wine and 3.2 beer license for the House of Moy should be contingent upon them paying all delinquent bills with the City. printed on recycled paper Mound City Code 800.30 Places Ineligible for License. 800.30 Subd. 1. General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law. In addition, the existence of any of the following conditions render the applicant and the following premises ineligible for receipt of a Class A On-Sale license or a Class B On-Sale license: (a) Any restaurant which does not have a total market value, including land, building, and equipment, of at least $250,000 as appraised by the City assessor. The foregoing valuation provision shall not apply to the existing municipal On-Sale liquor dispensary or to the terms established by the Council. (b) Any hotel which does not have a total market value, including land, building, and equipment, of at least $500,000 as appraised by the City assessor. 800.35 (c) Any restaurant or hotel located in any zoning district other then a commercial or commercial use district. Subd. 3. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. Conditions of License. Subd. 1. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this Section and of any other applicable ordinance, state law, or regulation. Subd. 2. Chanqes in Corporate Form - Notification Requirements. Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws, or partnership agreement, as the cases may be, shall be submitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his or her spouse, parent, brother, sister, or child, exceeds 5%, and shall give all information about said person as is required of a person pursuant to the provisions of Subsection 800.10, Subd. 2. Subd. 3 Changes in Corporate Form - Early Termination of License. Any change of ownership or beneficial interest or sales of stock entitled to be voted at any meeting of the stockholders of a corporation which result in a change in voting control of the corporation by the persons owning shares of stock therein shall be deemed equivalent to a transfer of the license issued to such corporation, and any such license shall be revoked and terminated 30 days after any such change in 10 10/3/04 ~, ~1, Page 1 of 1 Bonnie Ritter From: "Joyce Nelson" <JoyceNelson@cityofmound.com> To: "Bonnie Ritter" <BonnieRitter@cityofmound.com> Sent: Monday, June 13, 2005 4:45 PM Subject: House of Moy At the present time House of Moy owes $1991.25 for their water bill. 6/13/2005 CITY OF MOUND RESOLUTION NO. 05- RESOLUTION DEFINING THE PREMISES FOR THE ON-SALE 3.2 MALT LIQUOR AND WINE LICENSES ISSUED TO SKD, INC. (DOING BUSINESS AS CARBONE'S PI77ERIA) WHEREAS, City Code states that the City Council may impose additional conditions which the City Council considers necessary to protect the best interest and welfare of the community as a whole; and WHEREAS, concerns have been expressed regarding the control of liquor on the outside patio used by Carbone's Pizzeria; NOW, THEREFORE BE IT RESOLVED that the premises for the on-sale 3.2 Malt Liquor and Wine liquor licenses issued to SKD, Inc., (doing business as Carbone's Pizzeria) be defined as the current establishment itself, plus a patio area adjacent and directly to the south/southeast of said establishment, subject to the following conditions: That this patio area is defined as accessible only from the South/Southeast entrance of Carbone's Pizzeria, said patio to be completed railed off from public access from the sidewalks, parking lot or shared patio space, receiving access only from the interior of the building. The fencing for patio is to be 3 % feet high and if determined that access is being obtained from the shared patio space, the railing will be modified according to City Staff direction. The deck shall be equipped with a door/gate device that prohibits entrance directly from the shared deck or sidewalk, but provides an emergency exit from the deck (such device to be approved by the Fire Inspector). 4. No signage or banners of any kind will be erected or placed on outside fencing. 5. The establishment will ensure that the behavior of the customers is not in violation of State Statutes and City Ordinances concerning liquor use and noise. 6. There shall be no outdoor music or entertainment of any kind, and no outdoor public address systems. 7. Litter control measures shall be taken for the patio area. 8. The City reserves the right to regulate ho~rs of exterior operation so as to prevent public nuisance. 1 - 1734- 9. The City may amend these conditions if considered necessary to protect the bset interest and welfare of the community as a whole. 10.At the time of renewal for 2006/2007, the applicant shall provide documentation for Council review which confirms that more than 50% of the dollar volume of sales comes from the sale of food, as specified in City Code. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 -1735- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION REDEFINING AMERICAN LEGION POST 398 PREMISES FOR CLUB AND SUNDAY LIQUOR LICENSES WHEREAS, American Legion Post 398 made application to amend their 2004/2005 Club and Sunday liquor license as it relates to their premises; and WHEREAS, the City Council adopted Resolution No. 05-78 on May 24, 2005, approving this premises amendment and imposing certain conditions to said liquor licenses; NOW, THEREFORE BE IT RESOLVED that the licensed premises for 2005/2006 and subsequent license years, of American Legion Post 398, 2333 Wilshire Boulevard, be expanded to include a patio to be located to the south of their current building as shown in Exhibit A, subject to the following conditions: That the deck be constructed with a five (5) foot high railing to prohibit entrance onto the deck from the parking lot. If it is determined that people are able to access the deck from the lot, then the railing have to be modified to prevent this. That the deck be equipped with a door/gate device that prohibits entrance directly from the parking lot, but provides an emergency exit from the deck (such device to be approved by the Fire Inspector) 3. The parking lot area shall not be considered an extension of the premises, and the service of liquor is prohibited thereon. 4. The establishment will ensure that the behavior of customers is not in violation of State Statutes and City Ordinances concerning liquor use and noise. 5. There shall be no outdoor music or entertainment of any kind, and no outdoor public address systems. 6. Litter control measures shall be taken to provide litter pickup in the areas of the deck and parking lot 7. Approval is subject to review and approval by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement, if required. 8. The City reserves the right to regulate hours of exterior operation so as to prevent public nuisance. 9. The City may amend these conditions if considered necessary to protect the best interest and welfare of the community as a whole. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1736- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www, cityofmound.com June 9,2005 TO: FROM: RE: Mayor and City Council Bonnie Ritter V.F.W. Request to Amend Premises for Club Liquor License I have received a request from the V.F.W. to alter their premises as it relates to their club liquor license. Attached is a sketch of their proposed addition. It consists fencing in an existing concrete slab, with a new door installed to enter this deck from the interior of the building only. A resolution has been prepared that states conditions that will apply to their license renewal that will be effective July 1, 2005. __prin~ed on recycled paper 1738- CITY OF MOUND RESOLUTION NO. 05- RESOLUTION REDEFINING V.F.W. POST 5113 PREMISES FOR CLUB AND SUNDAY LIQUOR LICENSES WHEREAS, V.F.W. Post 5113 has made application to amend their premises as it relates to their Club and Sunday liquor licenses, NOW, THEREFORE BE IT RESOLVED that the licensed premises for 2005/2006 and subsequent license years, of V.F.W. Post 5113, 2544 Commerce Blvd., be expanded to include a patio to be located to the east of their current building as shown in Exhibit A, subject to the following conditions: 1. That the deck be constructed with a five (5) foot high railing to prohibit entrance onto the deck from the parking lot. If it is determined that people are able to access the deck from the lot, then the railing have to be modified to prevent this. 2. That the deck be equipped with a door/gate device that prohibits entrance directly from the parking lot, but provides an emergency exit from the deck (such device to be approved by the Fire Inspector) 3. The parking lot area shall not be considered an extension of the premises, and the service of liquor is prohibited thereon. 4. The establishment will ensure that the behavior of customers is not in violation of State Statutes and City Ordinances concerning liquor use and noise. 5. There shall be no outdoor music or entertainment of any kind, and no outdoor public address systems. 6. Litter control measures Shall be taken to provide litter pickup in the areas of the deck and parking lot 7. Approval is subject to review and approval by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement, if required. 8. The City reserves the right to regulate hours of exterior operation so as to prevent public nuisance. 9. The City may amend these conditions if considered necessary to protect the best interest and welfare of the community as a whole. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1739- - 1740 '-- i CITY OF MOUND RESOLUTION NO. 05- RESOLUTION DEFINING THE PREMISES FOR THE ON-SALE AND SUNDAY LIQUOR LICENSES ISSUED TO JDP, INC. (DOING BUSINESS AS DAILEY"S PUB) WHEREAS, City Code states that the City Council may impose additional conditions which the City Council considers necessary to protect the best interest and welfare of the community as a whole; and WHEREAS, concerns have been expressed regarding the control of liquor on the outside deck used by Dailey's Pub; NOW, THEREFORE BE IT RESOLVED that the premises for the On-sale and Sunday liquor licenses issued to JDP, Inc., (doing business as Dailey's Pub) be defined as the current establishment itself, plus a deck area adjacent and directly to the south of said establishment, subject to the following conditions: 1. That this patio area is defined as accessible only from the South entrance of Dailey's Pub, said patio to be completed railed off from public access from the sidewalks, parking lot or shared patio space, receiving access only from the interior of the building. 2. The fencing for patio is to be 3 % feet high and if determined that access is being obtained from the shared patio space, the railing will be modified according to City Staff direction. 3. The deck shall be equipped with a door/gate device that prohibits entrance directly from the shared deck or sidewalk, but provides an emergency exit from the deck (such device to be approved by the Fire Inspector). 4. No signage or banners of any kind will be erected or placed on outside fencing. 5. The establishment will ensure that the behavior of the customers is not in violation of State Statutes and City Ordinances concerning liquor use and noise. 6. There shall be no outdoor music or entertainment of any kind, and no outdoor public address systems. 7. Lifter control measures shall be taken for the patio area. 8. The City reserves the right to regulate hours of exterior operation so as to prevent public nuisance. 9. The City may amend these conditions if considered necessary to protect the bset interest and welfare of the community as a whole. 1 - 1741 - 10. At the time of renewal for 2006~2007, the applicant shall provide documentation for Council review which confirms that more than 50% of the dollar volume of sales comes from the sale of food, as specified in City Code. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 - 1742- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com TO: FROM: DATE: RE: MEMORANDUM Mayor Pat Meisel and City Counci~ ~ Jim Fackler, Park Superintendent May 9, 2005 Dock Site Location Request on Excelsior Commons Listed below are the City dock sites that fall within the extended lot lines of Meyer property PID# 19-117-23-23-0139, Lots 15-18, Block 15, Seton: Site 1 - Location #08945 Site 2 - Location #08975 Site 3 - Location #09005 By City Code 437,05, Subd 7, First Priority: An Abutting owner has first priority for a City designated location within his or her lot lines extended to the shoreline. Staff would not recommend location # 08945 because it does not meet setbacks required by the LMCD and it is scheduled to be removed once the site is vacant. An excerpt from the Docks Program data base listing site holders for the above sites is attached. The site holders will be mailed an Agenda for the June 14, 2005 City Council meeting where this issue will be discussed. _printed on recycled paper 1743- t= - 1744- Page 1 of 1 Denice Widmer I From: To: Sent: Subject: "James W. Fackler" <JimFackler@cityofmound.com> "Denice Widmer" <DeniceWidmer(~cityofrnound.com> Monday, May 09, 2005 10:48 AM Meyer Dock Denice, Please put a memo together. To: Mayor & City Council From: Jim Fackler Park Super. Refer. Dock Site Location Request on Excelsior Staff has attached the listing of three City Dock sites that fall within the extended lot lines of the Meyers property PID #19-117-23-23-0139, Lots 15 -18, Block 15 Seton. Site 1, Location # 08945 Site 2, Location # 08975 Site 3, Location # 09005 By City Code 437.05 Subd. 7, A First Priority "An abutting owner has first pdority for a City designated location within his or her lot lines extended to the shoreline." Staff would not recommend Location # 08945 due to it not meeting setbacks required by the LMCD and is on a list to be removed once the site is vacant. Attached is a exert from the Dock Programs data base the list the site holders for the above three dock sites. Staff will notify these residents of the Council meeting that this will be discussed. - 1745- 5/9/2005 - 1746- - 1747- - 1748- 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www, cityofmound,com April 28, 2005 Richard and Connie Meyer 4731 Carlow Rd Mound, MN 55364 Re: Appeal of Meyer Decision by Ross Bingham Dear Mr. and Mrs. Meyer, On Tuesday, April 26, 2005, the City Council discussed the appeal by Ross Bingham to reverse the Council's decision to grant abutting fights for your non-abutting homestead property because he would be assigned a dock location further down Excelsior Commons. The City Council tabled discussion on this item until such a time that you can be present. A copy of the unapproved Minutes from that meeting are attached. The City Council meets at 7:30pm at City Hall on the second and fourth Tuesdays of the month, May 10, May 24, June 14, June 28, July 12 and July 26. Please contact me at 952- 472-0615 and let me know which day will work for you. If you have any other questions regarding this issue, please contact Park Superintendent Jim Faekler at 952-472-0611. Sincerely, Deniee Widmer Administrative Assistant to Public Works and Parks CC: Kandis Hanson, City Manager Jim Fackler, Park Superintendem Katie Hoff, Dock Administrator file ene/dew _~nted on mcyc~ ~r - 1749- MOUND CITY COUNCIL MINUTES APRIL 26, 2005 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 26, 2005 at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Kandis Hanson, Parks Superintendent Jim Fackler, Docks Administrator Katie Hoff, Jim Roberge, Ross Bingham, John and Linda Verkennes, Alison Highberger, Mark Hanus. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council end will be enacted by a roll cell vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which even the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeflna Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledae of Allegiance 3. A=Drove Agenda Meisel requested the removal of item 4L from the consent agenda for discussion. MOTION by Brown, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Beise, seconded by Osmek to approve the consent agenda, minus item L Upon roll call vote taken, all voted in favor. Motion carried. A. Approve minutes of April 12, 2005 and April 19, 2005 meetings. B. Approve payment of bills in the amount of $500,546.04. C. Payment Reouests 1. Magney Construction, Inc., for $50,129.94 for work on the Well #8 Pump House Project 2. Payment Request #7 from Valley Paving for $4,781.22 for work on the 2004 Street Reconstruction Project D. Authorize execution of the purchase agreement with the property owner of 2373 Chateau Lane for Well #3 Water Tower Project E. RESOLUTION NO. 05-61: RESOLUTION ACCEPTING BID FOR THE CHATEAU LANE WATER TOWER PROJECT 1 - 1750- Mound City Coundd Minut~ - April 26, 2005 F. RESOLUTION NO. 06.62: RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE G. Approve Barr Engineering Company Work Order No. 2 in the amount of $62,000 (to be reimbursed by MHRD) H. RESOLUTION NO. 06-63: RESOLUTION APPROVING THE TERMS OF $62,000 INTERNAL LOAN I. Ar~Drove Public Gatherin~ Permits 1. Wedding on July 30, 2005 for commons area ;,butting 5420 Breezy Road 2. Minnetonka Bass Club tournament weigh-in at Mound Bay Park on June 4, 2005. fl. ADDrove .perm.its for Mound Fire Rel',m.f ~tion..for.Fis. h Fry - June 4, 2005 1. License to sell set-ups (Consumption & Display Permit) 2.. Temporary On-Sale 3.2 Malt Uquor 3. Public Dance/Life Music Permit K. Set special meeting for review and action on Mound Harbor Renaissance Preliminary Plat and the Lost Lake District Development Agreement: May 31, 6:30 p.m. L. (removed) 4L. Am~rove Planninu Cemmllmlpn Cale No. 06-09: Ri;h~rd slai, 4900 _~-_rtle, Meisel stated she requested that this be removed from the consent agenda because in the packet the address was stated as 5900 Bartlett, and should be 4900 Bartlett. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carded. RESOLUTION NO. 06-64: RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4900 BARTLETT BLVD. P&Z CASE #05.09. PID #13-1 t7-24-44.0033. 5. Comments and augae~tion$, from c!tt~e~, n~ preaent on. any. item not on ~ agenda. None were offered. 6. Award of Certificate. of. Achievement for Excellence in.Financial Reporting for FiSCal Year ended December 3t. 2003 to Finance Di~ G!-'IO BuMnarn Kandis Hanson made the presentation to Gino Businaro. He accepted and expressed appreciation to members of the Finance Department as well as the Council. 7. Proclaim May 1- May 7 Municll~l clerk~ Week and Reoogni~x~ City Clerk aonnb Rit r Mayor Meisel read part of a proclamation declaring May I through May 7 as Municipal Clerks Week. 2 -1751 - Idound City Gounc:tl Minute~ - April 26, 2005 8. AGUQn on Re~o, lution for.Nuilance Abatement at 3207 Devon ,Lane, Sarah Smith gave the background of the nuisance abatement at 3207 Devon Lane. She updated the Council, presenting a report by the CSO that was the result of an inspection earlier today. John and Linda Verkennes, 4771 Island View Drive, appeared before the Council to express .their disapproval of the condition of this property. They stated that there was a dumpster sitting outside the residence all winter long and that shingles have been stacked outside since last July. They have been hearing for years that the owner is waiting for financing so that he can complete his project. They asked what assurence there is now that this will be taken care of, and asked for the Council's commitment to stay on top of this and exercise every legal right they can. Meisel stated that the Council is committed to getting this property cleaned up and in compliance with code. Sareh Smith stated that the Planning Commission and Council will consider the code to see how it can be revised to make it more expedient to rectify these situations. Examples of other cities' regulations will also be obtained and evaluated. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-65: RESOLUTION TO AUTHORIZE STAFF TO ABATE UNSAFE AND NUISANCE CONDITIONS AT 3207 DEVON LANE, AND ASSESS RESULTING CHARGES AGAINST SAID PROPERTY. PID #25-117-24-11-00t4. 9. AcUon on A~eeal of Meyer Decision by R,o~ Binnham Ross Bingham; 6101 Beachwood Road, wrote a letter requesting that the Council reverse the decision to grant the Meyers' abutting rights for their non-abutting homestead property (lots 15, 16, 17 and 18, Block 15, Seton Addition). By granting this abutting status Bingham would be assigned a different dock location further down Excelsior Commons. Bingham appeared stating that he's had the present site for 10 years. His issue is two- fold; (1) being moved for the wrong reason, so that someone can have abutting status on a non-abutting parcel to make money, and (2) having this set a precedent so that any non-abutter can request abutting rights for non-abutting homestead property. Osmek stated that this was granted because in 1992 a member of the city staff informed the Meyers that this parcel had abutting status. Facker stated that the Council approved the dock map revisions showing the abutting site going to Lot 18, and have a temporary dock down from there as the temporery site for the movement of the Bingham dock. 3 - 1752- MOTION by Osmek, seconded by Brown to direct staff to indicate that Mr. Bingham has privilege to his current location until such time that he exits the dock program, and in the meantime if a house is built and/or is required for the parcel containing Lot 18 (the Meyer Property) they would receive the nearest location until such time that Bingham exists his current location, at which time that location would be deemed abutting. Brown offered an amendment, being that the dock available now be temporarily used until such time as it would be needed for Lot 18. Dean expressed concam that it is arguable that the City Council is affecting the interest of someone that has not been noticed of this meeting, being the Meyers, by saying that they don't get the dock that's closest to their lot until Bingham vacates it, which is contrary to the decision at the January meeting. MOTION by Beise, seconded by Osmek to table the previous motion until such time that all parties involved can be presented. Ali voted in favor. Motion carried. 10. Action Qn Ordinance Amending cKapt~r 800 as it Relate~ to Intoxi;llUna Uauor Ucen~e~ MOTION by Brown, seoonded by Beise to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 05-2005: AN ORDINANCE AMENDING CHAPTER 800 AS IT RELATES TO INTOXICATING LIQUOR LICENSES 11. Aoflon on Amendmen~ to Mound Americen.. Legion Club Lioen~ Jim Roberge, representing the American Legion, presented his request to amend the club liquor lioense to include a 28' x 16' fenced-in patio in the rear of the building. He stated that this is a temporary StTuctura to get through the summer. They have plans to put on an additional room to the building. Meisel stated that the concern is that anyone has access to the patio, with only a four foot fence surrounding it and access directly from the parking lot. Roberge stated that liquor would not be served out there, but carried out from the interior in plastic cups. There was discussion regarding having all patrons use the Wilshire access, which would force them to access the patio from the inside of the building only. A resolution will be prepared for consideration at the next meeting that will spell out some proposed conditions for the amended club liquor license. t2. Umiate o,n D.ump,R®medlation Prolect Sarah Smith gave the Council an update, stating that we are working on permitting and contracts for the remediaflon work and hauling. Required permits have been obtained from the DNR, the LMWD, and the LMCD. 4 - 1753- Mound City Coun~l Minute~ - April 26, 2005 13. ,M, ilmellane ,o, us/Corr--, pondence A. Comments and questions by City Council Members - None. B. Minutes: Lake Minnetonka Conservation Distdct C. Correspondence: LMC Friday Fax D. Reports: Finance Department - March 2005 Update on Mobile Home Court closure 14. Adioum MOTION by Brown, seconded by Osmek to adjourn at 8:57 p.m. All voted in favor. Motion carried. Attest: Bonnie RAter, City Clerk Mayor Pat Meisel 5 - 1754- MS. HANSON, I AM A CURRENT DOCK HOLDER IN THE CITY DOCK PROGRAM. 1 AM AWARE OF THE RECENT DECISION TO GRANT THE MEYERS FAMILY AB~G DOCK RIGHTS IN THE EXCELSIOR COMMONS AREA. IT IS MY UNDERSTANDING THAT THE DECISION GIVES THE MEYERS ABUTTING RICrHTS FOR THEIR NON ABUTTING HOMESTEAD PROPERTY. I I-IA~ BEEN ASSIGNED TO THE SAME DOCK LOCATION FOR 8 YEARS NOW. I AM A NON ABUTTER IN THE EXCELSIOR COMMONS NEXT TO THE MEYERS DOCK AND PROPEKTYS. I HAVE NO DESIRE TO MOVE FROM THIS LOCATION. OVER TI-IE YEARS MY FAMILY HAS DEVELOPED FREINDSHIPS WTFI-I SEVERAL OF THE NIEGHBORS IN THE AREA~ WITHOUT OUR DOCK THIS WOULD HAVE NEVER HAPPENED. OUR DOCK IS IN A CORNER OF THE COMMONS TI-IAT I VIEW TO BE DESIRABLE. ~E HAVE AFTERNOON SHAD~ A STRAIGHT LINE TO DOCK OUR BOAT FROM THE CHANNEL AND A MINIMAL WALK FROM THE ROAD DOYEN TO OUI~ DOCK. IT IS ALSO A QUIET CORNEtL AS A RESULT OF COUNCILS DECISION WE HAVE BEEN TOLD BY THE DOCK INSPECTOR THAT ~ ARE LOSING OUR LOCATION. THERE ARE ALSO 2 OTHER NON ABUTFING DOCKS IN THE CORNER. BOTH DOCK HOLDERS HAVE NOT BEEN AT THE LOCATION NEARLY AS LONG AS MY FAMILY. I DO NOT FEEL MYSELF OR THE OTHER 2 NON ABUTTERS SHOULD BE RELOCATED.. OUR CITY COUNCIL MADE A DECISION BASED ON A LETTER FROM THE PREVIOUS DOCK INSPECTOR WHO DID NOT HAVE TI~ AUTHORITY TO GIVE THE MEYERS ABUT'rING RIGHTS. l DID WATCH THE COUNCIL MEBTING ON TV WHEN THE DECISION HAS MADE. MR. MEYERS STATED THAT HE AND HIS WIFE UTILfZR THEIR DOCK. THEY DO NOT. IN THE g YEARS I HAVE BEEN AT THAT LOCATION I HAVE SEEN 3 BOATS AT THEIR DOCK ON 3 SEPARATE WEEKENDS. I HAVE NEVER SEEN THE MEYERS DOCK AT THEIR DOCK. THIS ISSUE IS NOT ABOUT DOCK RIGHTS, IT IS ABOUT MONEY. AS OUR CITY COUNCIL IS AWARE, THEY ARE GOING TO SELL THEIR NON HOMESTEAD PROPERTY THAT DOES HAVE ABUTTERS RIGHTS. I BELIEVE THEIR ONLY INTENTION IS TO SELL THE HOMESTEAD PROPERTY AS WELL WITH ABLrITERS RIGHTS TO MAXIMIZE THE VALUE OF THE PROPERTY. I AM REQUESTING OUR CITY COUNCIL TO REVERSE THE DECISION TO GRANT THE MEYERS ABUTTING RIGHTS FOR THEIR NON ABUTrlNG HOMESTEAD PROPERTY. AS A NON ABUTTER, I WONDBR WHY I CANNOT HAVE ABLrITING RIGHTS. MY PROPERTY LINES DO NOT EXTEND 1~'O THE LAICB; BUT TH~N AGAIN NIETHER DO THE MEYERS. JOHN ROSS BINGHAM 6101BEACHWOOD ROAD 952472-0701 -1755- 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www,cityofmound,com MEMORANDUM To: Mayor Pat Meisel and City Council From: Jim Fackler, Park Superintendent Date: March 30, 2005 Re: Meyer dock placement Attached you will find a timeline and supporting evidence regarding the request from Richard and Connie Meyer to grant abutting status to two of their properties and the resulting dock placement. CC: Kandis Hanson, City Manager Katie Hoff, Docks Administrator file t~-'1756-~'c"~"'¢er 12-3-04 12-6-04 12-6-04 12-7-04 12-8-04 12-9-04 12-20-04 12-29-04 1-11-05 1-25-05 2-9-05 3-17-05 Mrs. Meyer first called. Mrs. Meyer dropped off letter dated 6-4-92, Hennepin County printout of PID# 19-117-23-23-0015 (Lakeshore home) and PID# 19-117-23-23-0139 (Lakeshore lots) and map Staff (Bonnie and Denice) looked for history of Commission and Co~tncil approval No history could be found Called Mrs. Meyer and asked her for a letter requesting that tw° dock sites be assigned to the two properties. When we receive it will have attorney look at it and then go to DCAC and City Council. Called Mrs. Meyer and told her we found 91-93 and no info supported the change in dock map. Told her to put a letter together asking for abutting status. Received letter and attachments addressed to Kandis Hanson and Jim Fackler from Meyers asking that request go to the City Council. Also received two-page letter from Meyers addressed to the City Council, Kandis Hanson and Jim Fackler asking for approval of their request. Memo from Jim Fackler to Mayor and City Council regarding staff's review of the Meyer's request. Mound City Code 437.05, Applications for and Issuance of Dock Licenses and 437.10 subd 2, Annual Review of Map attached City Council took action on request, remanding -the dock placement and/or design issue to the Docks commission, and asking Meyer's to provide a survey. (Minutes attached) Connie Meyer thanked the Council for their action regarding their abutting property and presented the survey that was asked for at that meeting. (Minutes attached) Memo from Jim Fackler to DCAC regarding Assigning Abutting Dock Site to PID# 19-117-23-23-0139. (Dock Program printout, Hermepin Cry map attached.) February 17, 2005 DCAC Minutes regarding dock placement (Aerial photo attached) - 1757- CITY of MOUND' DATE: 534r '.'.'/WOOD MOUND. M ','JESOTA :."2 472-1155 FA;': 5'2) 472-062: Today I Was at your dock site to inspect for issuance Of your 1992 · permit 'tag. Your dock was not approved for the following reasons: Y_ , Y . , ^ ^ Please correct the anove within seven (7) days.and i wiil return to issue your 1992 tag. Tha~ you. for your .cooperation. Res~e=tfully, Tom McCaffrey '' Dock Inspector DJ - DOCK7 Search By: Property ID: i l 0-117-23-23-0015 Hennepin County, MN I~~ Pro pe~,,.y,...?.f..o..?,.._m...a..,t.!...o....n....S,.._e..a..[..c....h.....Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p,r~. (CST) Parcel Data for Taxes Payable 2004 .Click ~e C 'o o Pf a able 2004 Tax Statement Property TD: Address: Municipality: School Dist: Watersh ed: Sewer Dist: Owner Name: Taxpayer Name & Address: 19-117-23-23-0015 4731 CARLOW RD MOUND 277 Construction year: 1966 3 Parcel Size: 120 X 70 RICHARD R MEYER El'AL RICHARD R MEYER 4731 CARLOW RD MOUND 'MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: August, 1973 Sale Price: $28,500 Transaction Type: Tax Parcel Description Addition Name: SETON Lot: Block: 015 Metes & Bounds: .LOTS 1 2 AND 3 Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2004 Values Established by Assessor as of 3anuary 2, 2003 Estimated Market Value: $198,000 Limited Market Value: $156,600 Taxable Market Value: $156,600 Total Improvement Amount: Total Net Tax: $1,701,64 Total Special Assessments: - 1759- Solid Waste Fee: $27.96 Total Tax: $1,729.60 Property Information Detail for Taxes PaYa hie 2004 Values Established by Assessor as of 3anuary 2, 2003 Values: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying ]:mprovements -'--~ia~ifi cati on s.r Y TYP,e ead Status Relative Homestead Agricultural Exempt Status $73,000 $125,000 $198,000 $57,700- $98,900 $156,600 RESIDENTZAL LAKE SHORE HOMESTEAD 7862 Hennepin County is providing this information as a public service. Tax related questions: taxinfo@co.hennepin.mn.us Need help locating a property on our site? Check out our Search Tips Home I Your County Government I Licenses, Certificates, & R.eqistration I Employment & Volunteering I Health, HOusinq, & Social Services I Law, Public Safety, & Courts I Environment, Property, & Transportation Copyright (D 2004 Hennepin County, Minnesota I www. Hennepin.us Accessibility Policy I Contact Hennepin County. [ Security/Privacy Statement - 1760- Search By: Property ZD: i 19-117-23-23-0139 Hennepin CounW, MN I'~~ P r o P e~..~...n...f...0...r_.m.....a..t_i...o....n.......s._e....a_.r..~_h_Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at apprOximately 9:15 p.m. (CST) Parcel Data for Taxes payable 2004 Click Here for State Copy of Payable 2004 Tax Stater~ent Property ZD: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: 19-117-23-23-0139 85 ADDRESS UNASSZGNED MOUND 277 Construction year: 3 Parcel Size: 160 X 70 R R 8~ C L MEYER RICHARD R & CONNIE L MEYER 4731 CARLOW RD MOUND MN 55364 Most Current Sales Znformation Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: May, 1996 Sale Price: $16,000 Transaction Type: Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description SETON 015 LOTS 15 16 17 AND 18 Abstract or Torrens: TORRENS Value and' Tax Summary for Taxes Payable 2004 Values Established by Assessor as of 3anuary 2, 2003 Estimated Market Value: Limited Market Value: Taxable Market Value: Total Zmprovement Amount: Total Net Tax: Total Special AsSessments: $97,600 $43,600 $43,600 $527.22 -1761 - vO 0~ O~ 0~ 0~ ! % -1762- - 1763- -1764- - 1765- CITY oF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEEI: w'ww.cityofmound.com TO: FROM: DATE: RE: MEMORANDUM Mayor Pat Meisel and City Council Jim Fackler, Park Superintenden~ ~IL1 DeCember 29, 2004 ~/ - Request'to Designate PID# 19-117-23-23-015 and PID~ 19-117-23-23- 0139 Abutting Properties In reviewing the request by Mr. and Mrs. Richard Meyer to designate the above listed properties as Abutting Properties, staff has determined the following: With regardto PID # 19-11%23-23-015, lots 1,2,and 3, which is their residence at 4731 Carlow Rd: As this property does not have lot line extensions to the shoreline, Stmefbelieves this property was erroneously granted abutting stares in 1992 based upon a misunderstanding of the Meyer's ownership of vacant lots 15,16,17 and 18, PID# 19-117-23-23-0139, which did not occur until 1996. Star/researched Minutes from the Park and Open Space Advisory Commission, the advisory body for dock matters at the time, and City Council Minutes and Resolutions from 1990-1993, and found no history to support the change from non-abutting to abutting dock stares as required by Mound City Code. To make such a change,, staff must follow the procedure for determining abutting status as outlined in Mound City Code, Section 437.05, Subd. 7, Dock Location License Priorities. In this priority system, an abutting property would have to meet the First Priority description of lot extensions extending to the shoreline. It would then be reviewed by the appropriate commission and forwarded to the City Council as outlined in Mound City Code, 437.10, Subd 2, Annual Review of Map, for their approval. .W.. ith. regard to PID # 19-117-23-23-0139, lots. !5,16,17 and 18, which are vacant lots.; Staff recommends that the property owner provide a survey in order to determine whether or not the property meets the criteria of abutting status. From the copy of the plat section provided by' the Meyer' s, staff was unable to determine wh~ther the extension of the property lines over the City-controlled property went to the DNR Ord~n_ary. High Water of 929.4 of shoreline. Staff requests that two issues be taken into consideration before making a determln~tion on the abutting stares of these properties: 1. There are similar properties within the City whose owners could also make a claim for an abutting status. 2. Thc possible division of both of the above properties could lead to future requests for dock sites. Attaehrnent: Mound City Code Section 437.05 Subd 7 Mound City Code Section 437.10 Subd 2 - 1767- Mound Cit~ co(le Pa~e 1 of 1 437.05 Applic]_tions for ' . ' $tJbd. 7. l,,Jc~ttse prjorflff~,, The foliowin~ priorities govern the issueance of dock licenses and other dock locations: aa. Residents owning private take, shore within tl~e City which has dockable lake frontage shall have the last priority each year for a dock on public lands, (ORD. 45-1990 - 12-29-90) bb. Dock site holders who combine on a single dock while continuing to apply for and pay for their separate dock site locations shall each be entitled to return to such separate dock site upon termination of their participation in the combined dock facility and notice to th~ City of such termination. (ORD. 92-1997- 12-20-97) a. First Priority_, An abutting owner has first priority for a City designated location within his or her lot lines extended to the shoreline. Docks shall be located in accordance with the doCk location map. (ORD. 45-1990 - 1.2-29-90) b, Second Priority..A licensee or, if licensee has not applied for a new dock license, the shared owner as shown on the permit application for the preceding year, has second priority when applying for a dock permit for the same location hekt by the licensee the immediately preceding year. Second priority licensee has no priority of dock locations where a first priority license is in effect. c. ]~lJ!~LP_l:Lq!!~ A duly qualified applicant has third priority on locations vacant' after the first and. second priority applications have been made within the prescribed time limit described in this ordinance. Licenses will be issued to such applicants in the order of application dates. There shall be no third priority where the first and second priorities are in effect. Residents owning priVate lakeshore within the City which has dockable lake frontage shall have the last priority each year for ar dock on public lands. .d. Admini~trstion of Priority_, The DOck Inspector shall assign all locations to the applicants upon compliance with this ordinance and subject to reasonable conditions and Council approval. - 1768- · ~ .... .~ ,-,:,... ,'-Aa~ Page I of 1 437.10 Rul~and Re~_ulationa Subd. 2, Annual Review of Map. Approved dock location maps shall be kept and maintained by the Dock Inspector and shall be reviewed by the Dock and Commons Advisory Commission at least once a year.. The Dock anti Commons Advisory Commission shall review the dock tocation map between ~eptember 1 and December 31 before each new boating season so their recommencled changes may be referred to and considered by the City Council on or before January 15. Maps shall contain all approved dock locations as established by the C;ouncil upon the advice and recommendation of the Dock Inspector and Dock and Commons Advisory Commission. Final approval of the dock location map and the number of private dock licenses to be permitted shall be recommended by the Dock Inspector, reviewed by the Dock and Commons Advisory Commission and approved by the City Council. (ORD. 45-1990 - 12-29-90) ~,,~,.//,,;.,,,-,¢,-~,,.,,,,,,a ,~,~m/ClT¥o/~'>rlc'OI'Ile./d.'I? h~!~,769- 12/29/2004 Hermepin County Map Server Click on map ~ view i~ormafion on adjeiaing prol~,"d~ Scroll down to s~ prop~'y address, value & tax info READ IlViPORTANT D~S~R'iI~OB~-~TION BELOW $ 7,184.7~ Click on Property Inform~on Ba~n How to view main tax information page., fro, ~h~i~~:~ihave seleoted j:-i~,-.-. ........ The data contained on this page is derived from a cemUilati'on Oi ~ecords and maps and may ~ontain discrepancies that c~n only be disclosed by an accurate su~ey-performed'by a Iieermed land. surveyor. The perimeter and area (square footage and acres) are approximates and may co~Itain dlaompanel~. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is net responslbte, for any misuse or misrepresentation of this information or its derival~ves. Please report any map discrepancies to Bob Moulder (Hennep~ County Suwey Division) et (8'q2) $48-2618 or via e-mall at Bob.Moulder(~co.henneotn.mn.us The quality of the display n~ay be influenced by your semen size and resolution setting and is best viewed a~ 800x600 screen resolution. This application requires Interest'Expiator 3.02 or Nete~ape 2.01 or later version far proper operation. hh, p://www 19. co.hcnnepin.mn.us/scripts/esrimap.dtl ?name=Himnepin&Cmd=ZO~OUT 1/11/2005 - 1770- Mound City Council MinUtes - January 11, 2005 ar,e asking that Mound's pOlice Depa~;l~nt be informed ~~ljw reguiati, ji~f~e thJeir assista~ be called upg~a~turbance oc~rs. If th~ City dc~sn't v/isl~to inJ/olve the ~cal po]~ then the j;;Jrounty neca~s to be inj6rmed of_tl~at fro~ the.begini~ing sclj[they don't expect ~r assistance. He doe~,n't feel~at the ordirt~nce/as written ob~gat be ee ~was the de--of' the Council to,~iim~t the City Mana~dte'a letter in f~ this ordin~nce aN request, exp[~'ssin~he views as,Cfscuss~. Osmek sugjii~.sted~ tt~t this le~er includ~that it is th~unanimo~s opinion~f this Co~[mil that Her~ep.m. C~unty is~esponsible~(3r the cr~tion of this~rdinar~e and is resJ~onsible njF on~ytor ~~ity ofM. o.u.nd .h~s no in~.nt!on to sup ' ed also including a copy of the resol'ution previously passed by the. Council in August. on the 10. Action on request to designate PID~19-I 17-23-23-00t 5 and PID~19-117-23-23- 0139 as abutting properties, as submitted .by Richard and Connie Meyer, 4731 Callow Road Jim Fackler presented the history of this request, submitted by Richard and Connie Meyer, to designate PID #19-117-23-23-0015 and. PID #19-117-23-23-0139 as "Abutting Properties". Presently the applicants own two parcels: PID 1'9-117-23-23- 0139, Lots 1-3, Block 15, which includes the existing house; and PID 19-117-23-23- 0139, Lots 15-18, Block 15, which is currently vacant and was purchased in 1996. The Meyer property located at 4731 Carlow Road currently has "abutting property status" as the extensiOn of Lot 18 appears to extend to Lake Minnetonka. In the event the vacant parcel which includes Lots 1-3 is sold off, the "abutting property status" for the existing meyer property would be eliminated as it would transfer with Lots 15-18. Fackler noted that an updated survey was not submitted and further commented on a similar situation in the Three Points Boulevard area where the status changed for the existing house when the adjacent parcel was sold off by the owner. Based on the information submitted by the applicants, "abutting proPerty status" for the 4731' Carlow Road property was authorized by a former Dock .Inspector as referenced in a 1992 memorandum. Staff indicated that "abutting property status" may have been granted in error as it was assumed that the Meyers also owned Lots 15 through 18 in 1992. Fackler commented that the adjacent vacant .parcel was purchased by the Meyers in 1998 and further commented that the status change for'the 4731 Carlow Road property was not formally approved by the Docks Commission orthe City Council. 5 -1771 - P12 Mound City Council Minutes - January 11,2005 The Council discussed the 1992 memorandum and also discussed the possibility of the Meyers and new owners "sharing" the dock site. The applicants indicated they are not interested in sharing a dock site as the 1992 memo granted them "abutting property status" and further commented that they have been maintaining the property for several years. MOTION by Osmek, seconded by Beige to grant abutting property status to Lot 1 and Lot 18 and remand the dock placement and/or design issue to the Docks Commission on the following findings of fact: (a) 1992 memo granted abutting property status to Lots 1-3 even though Lot 1 did not have lot line extension; and (2) the current owners have contributed to the docks program by maintaining the property for several years. Meisel stated that she cannot support'the motion as the application contains insufficient information, including but not limited to, the lack of submittal of an updated survey. She stated she is not against the concept, rather she wants accurate property data. Brown suggested the applicants prepare an updated survey for review and submittal to the Docks Commission. Fackler stated he supports the comments of the. Mayor and strongly encouraged the submittal of an updated survey and all appropriate information. Specht stated that he would like clarification of the importance of the 1992 memo including whether or not it binds the City to grant "abutting status". Osmek withdrew his motion and Beise withdreTM his second. MOTION by Osmek, seconded by Beise to reaffirm abutting status of Lots 1-3. After discussion Osmek withdrew his motion and Beise withdrew his second. MOTION by Osmek, seconded by BroWn to require the applicants to prepare an updated survey for Lots 15-18 to vedfy abutting status. Osmek withdrew his motion and Brown withdrew his second. MOTION by Brown, seconded by Beise to allow Lots 1-3 to retain abutting status and to assign abutting status to Lots 15-18, if updated survey confirms that extension of the lot line for Lot 18 extends to Lake Minnetoaka. Discussion followed. John Dean clarified that action will obligate the City to provide another dock which may remove a dock for a user in the area and commented that the validity of the 1992 memo is not known. The Meyers commented that they want two (2) docks and that they have maintained the property for over thirty (30) years. They believe they are abutting for Lots 1-3 and stated that they are not willing to share a dock. 6 - 1772- P13 Mound City Council Minutes - January 11, 2005 Bown explained that the abutting status is determined by an extension of the lot line to the lake. MOTION by Osmek, seconded by Beise to affirm "abutting status" for Lots 1-3 and to require the preparation of an updated survey for Lots 15-18 by the applicants to verify the extension of the lot line for Lot 18 to the shoreline. If the survey demonstrates the extension of' the lot line, the abutting status shall be confirmed and abutting status shall be granted. Discussion took place. Osmek offered a friendly amendment to the motion to forward the dock placement/design analysis to the Docks Commission and included the following findings of fact: (1) 1992 memo granted abutting, status to Lots 1-3 even though Lot 1 did not have a lot line extension; and (2) the current owners have contributed the docks program by maintaining the property 'for several years. Beise seCOnded the friendly amendment. The following voted in favor: Beise, Brown and Osmek. The following voted against: Meisel and Specht. Motion carried. 11. Action Approving Proposed Changes to 2005 Dock Map MOTION by Brown, seconded by Osmek to approve' the 2005 dock map as presented. All voted in favor. Motion carried. 12. Information/Miscellaneous A. Report: Finance Department - November 2004 Mohawk Jaycees charitable gambling contribution B. Newsletter: Gillespie Center Minnehaha Creek Watershed District Metropolitan Council C. Minutes: Planning Commission - December 20, 2004. 13. Adjourn MOTION by OSmek, seconded by Brown to adjourn at 10:30 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7 - 1773- P14 Mound City Council Minutes - January 25, 2005 5C. Action on Resolution Restating Council's .Position on Hennepin County Smoke-Free Ordinance #24. Meisel suggested a wording change in the proposed resolution. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-15: RESOLUTION EXPRESSING OPPOSITION TO HENNEPIN COUNTY SMOKE-FREE ORDINANCE #24. 6. Su.~;estions and comments from citizens present on any item not on the aaenda. Tamra Kjos, 1025 W. Cove Lane, Minnetrista, appeared before the Council to urge them to reconsider the action taken on the smoke-free ordinance. She provided various statistics and information regarding the harms of smoking and second-hand smoke. sken--'ieMeyer', Carlow Road, thanked the Council for their action the las~:% ~47~1 *at eating regarding their abutting property status and presented the survey that was.~....-/ d for at that meeting. ' Mike Rutherford, Casco Point, representing Save the Grand Hotel Citizens Committee, informed the Council that he and others are interested in seeing that the hotel project proceeds and has architects wanting to be involved in the project. John Dean explained to him that the appropriate channel is to contact Mound Harbor. Renaissance Development regarding their proposal because MHRD has site control of the Auditor's Road portion of the downtown redevelopment. 7. Public Hearing and Action on Ordinance Sarah Smith reviewed the proposed ordinance as it designates setbacks for membrane structures. Meisel opened the public hearing at 8:07 p.m. and with no public comment being offered, closed the public hearing at 8:08 p.m. MOTION by Brown, seconded by Specht to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 03.2005: ORDINANCE AMENDING SECTION 350.435 (ACCESSORY BUILDINGS) OF THE MOUND CITY CODE (ZONING ORDINANCE) TO REQUIRE MINIMUM SETBACK OF THREE (3) FEET ON ALL SIDES FOR MEMBRANE STRUCTURES LOCATED IN COMMERCIAL AND INDUSTRIAL DISTRICTS AND ACCESSORY BUILDING SETBACKS FOR MEMBRANE STRUCTURES WHICH ARE LOCATED IN RESIDENTIAL ZONING DISTRICTS. 2 - 1774- P15 3O ~,ELSIOR z SOUT~ .... 76]'0d 'LANE (uNDEvELopED) CITY OF MOUND 5341 MAYWOOD ROAD MOU ND, MN 55364-1687 PH: (¢052) 472-0600 FAX: (952) 472-0620 WEB: wvov, cityofmound.com TO: FROM: DATE: RE: DCAC Jim Fackler, Park Superintendent February 9, 2005 Assigning Abutting Dock Site to PID # 19-117-23-23-0139 At the January 11, 2005 City Council meeting, a request was made by Richard and Connie Meyer asking for abutting dock status for two properties, as outlined in the enclosed staffmemo dated December 29, 2004. Following a lengthy discussion, the Council passed a motion, with a 3 .to 2 vote, granting the abutting status to the Meyer's residence at 4731 Carlow Road. The Council also requested that the Meyer's have a survey done on the second property, PID# 19-117-23-23-0139, in order to determine if the property extension line included the city-controlled shoreline which is required for abutting property status. The Meyers did have the enclosed survey done, which shows that the extension of Lot*l 8 includes city-controlled shoreline. The City Council remanded the dock placement/design issue to the DCAC. Staff feels that there are three options available for assigning an abutting dock site to this property: Assign current open site #NIP 09515 until a closer site opens. Assign site NIP 08975 if it is not renewed, Move NIP 08975 site holder, Mary Todd, to NIP 09515 if she renews. Staff will lease out the open site on a temporary basis until there is a home built on the vacant lots and the homeowner moves in. - 1777- ... ~ .. Hennepin County, MN' Click on map to view information on adjoining properties Scroll down to see property address, value & tax info ~X)O~4 ~L 'i Hennepin County, MN Click on map to view information on adjoining properties Scroll down to see proper~y address, value & tax info -1778- APPROVED 3/17/2005 DOCKS AND COMMONS ADVISORY COMMISSION MINUTES February 17, 2005 Present: Commissioners Frank Ahrens, Greg Em'ich, Jim Funk, Gerald Jones, Michelle Olson, Council Representative Mike Specht, Park Superintendent Jim Faekler, Dock Administrator Katie Hoff, Secretary Sue Schwalbe Meeting was called to order at 7:3 lpm 1. Approval of November 18, 2004 Minutes MOTION by Ahrens to approve the Minutes with the change mentioned on pg 2, paragraph 4. SECOND by Specht, who then withdrew since he was not involved with the DCAC at the time. SECOND by Funk. Motion Carried. 2. Agenda Changes None 3. Comments and Suggestions from Citizens Present None 4. Election of Officers' for 2005 MOTION by Ahrens to retain Jim Funk as Chair and Greg Eurich as Vice Chair, SECOND by Jones. Motion carried. 5. Discuss: Request to approve abutting status for PID# 19-117-23-23-0139 Applicants: Connie and Richard Meyer 4731 Carlow Rd Mound, MN 55364 Jones excused himself from this discussion for personal reasons. Fackler gave a brief overview of this request stating that Council already approved this request, remanding the dock placement/design issue for the extension of Lot 18, which includes city-controlled shoreline, to the DCAC. Fackler explained the three options staff feels are available for assigning an abutting dock site to this property. Fackler also pointed out that the non-abutter would not be moved until a home was built and the homeowner moved in, Discussion followed. MOTION by Specht to assign abutting status to 09005 and allowing the current non-abutting dock holder to remain there temporarily until a home is built and the homeowner moves in. SECOND by Eurich. During discussion, Ahrens stated that he did not agree with Council's approval of the abutting status for the two parcels since only one parcel meets the defirfition of abutting property. Funk and Olson agreed with Ahrens on this issue. MOTION CARRIED with Ahrens abstaining from the vote. Docks and Commons Advisory Commission Minutes February 17,2005 - 1779- (6.= LEGALLY :0 ~4P [LAT C'ITY, CO ES AND 0 13400 6BTH AVENUE NORTH-MINNEAPOLIS/MAPLE GROVE ~ MN 55369 DATE OF PHOTOGRAPHY-1780-i9... Date 5/1/2005 5/2/2005 5/3/2005 5/4/2005 5/5/2005 5/6/2005 5/7/2005 5/8/2005 5/9/2005 5/10/2005 5/11/2005 5/12/2005 5/13/2005 5/14/2005 5/15/2005 5/16/2005 5/17/2005 5/18/2O05 5/19/2005 5/20/2005 5/21/2005 5/22/2005 5/23/2005 5/24/2005 5/25/2005 5/26/2005 5/27/2005 5/28/2005 5/29/2005 5/30/2005 5/31/2005 Totals Weather Harbor Wine & Spirits May 2005 Cust 05 Cust 04 Variance sunny/cool 455 -455 cool/rain 40 238 238 cool/50 256 199 57 sun/65 295 248 47 cldy/rain 285 236 49 sun 70's 558 243 315 cldy/70 576 417 159 sunny 591 -591 pt. cun/70 233 233 rain/70 231 231 0 RAIN 220 207 13 RAIN/35 266 232 34 rain/40 442 225 217 cold/rain 445 446 ~1 sunny/cool 427 -427 cldy/rain 241 241 cool/rain 55 250 215 35 cldy/rain 50 265 258 7 PTLY CLDY 264 225 39 cldy/70 546 232 314 68 551 439 112 cool/rain 465 -465 sun/70 284 284 sun/cldy70 251 216 35 CLDY/RAIN 219 210 9 sun/clouds 311 254 57 sunny 521 308 213 CLDY/65 650 , 542 108 rainy 530 -530 CLOSED 0 sunny/80 289 289 8687 8051 636 Sales 05 4019.08 4070.88 4209.53 5147.37 10774.35 12240.55 3849,53 3768.57 3204.75 4975.01 8681,09 9308.04 4090.27 4252.8 5038.56 4634.39 10408.15 12421.07 4532.15 3905.13 3901.79 5854,41 11519.59 17134.08 4993.64 166934.78 Sales 04 9353.55 3360.75 3562.47 3624.35 4126.39 9152.53 12744.29 3206.67 2793.09 4019.58 4059.65 7908.92 8538.5 3284.67 3694.76 3885.86 4027.92 7737.8 9360.13 3214.45 3858.2 4237.54 6593.63 10877.63 12814.63 150037.96 Difference +1- -9353.55 4019.08 710.13 647.06 1523.02 6647.96 3088.02 -12744.29 3849.53 561.9 411.66 955,43 4621.44 1399.12 -8538,5 4090.27 968.13 1343.8 748.53 6380.23 4683.27 -9360.13 4532.15 690.68 43.59 1616.87 4925.96 6256.45 -12814.63 0 4993.64 16896.82 Cash +/- -8.16 -11.15 9.72 -0.06 1.72 13.43 -0.85 2.13 -0.8 11.42 6.62 -4.8 1.94 1.29 2.83 -8.09 -6.63 -0.34 -0.17 0.44 3.62 14.4 -9.33 19.18 _1781- . NORTllSTAR COJifMIITER RAIL June 2, 2005 Dear Ms. Hanson, There have been several exciting developments on the Northstar Commuter Rail project over the past several months, leading to significant progress toward making Northstar a reality. I would like to provide you with an update on the project. State Approves First Step of Funding for Northstar Commuter Rail With overwhelming support from legislators from all parties and areas of the state, the 2005 Legislature voted in favor of state funding for Northstar Commuter Rail. On April 11, Governor Pawlenty signed into law the $886 million bonding bill that includes $37.5 million for Northstar Commuter Rail. This is the first time significant state funding for Northstar has been approved by the Minnesota Legislature. Passage of the bonding bill this year was vital to the future of Northstar Commuter Rail. The previous lack of state funding jeopardized the project's standing with the Federal Transit Administration (FTA) and delayed important progress on the project. The strong support from legislative leaders and the Governor sends a clear signal to the FTA that Minnesota is committed to Northstar and is worthy of a federal investment in the project. Next Steps The coming months will be busy as the Northstar Corridor Development Authority (NCDA) and the Minnesota Department of Transportation continue work on the project. The state funding allows for significant project advancements including: · Application to the FTA for final design approval, regaining a "Recommended" rating and accessing highly competitive federal matching funds. · Proceeding with major engineering, design and property acquisition. · Continuing negotiations on construction and operating agreements with BNSF Railway Company. We anticipate making steady progress as we head into the 2006 legislative session. The NCDA and other project backers will be seeking the final state commitment needed to complete construction on Northstar, which is currently estimated to be $51 million in bonding. This state funding is in addition to the $44.2 million committed locally by the NCDA and the anticipated federal mat.ch of $132.5 million. While there is more to be done before Northstar is operational, the overwhelming support for Northstar this year is a positive sign for the future. We are pleased to see the project moving forward and are optimistic about gaining the remaining state and federal funding that will get Northstar up and running to deliver relief to Minnesota commuters. If you would like to know more about Northstar or learn about ways you can help advance the Northstar project, please contact the NCDA at (763) 323-5729 or at 1-888-478-6782. For the latest news on Northstar please visit the Northstar website at www. mn-GetOnBoard.com. Duane Grandy Chair, Northstar Corridor Development Authority Northstar Corridor Development Authority 2100 3rd Avenue, Anoka, Minnesota 55303-2265 1-888-478-NSTAR (6782) (763) 323-5700 Fax: (763) 323-5682 www. mn_~ 7~l~2_-~oard.com 0949 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: City Council Sarah Smith, Community Development Director June 8, 2005 Proposed Amendment- City Code Chapter 1000 (Nuisance Ordinance) Staff has prepared a proposed amendment(s) to City Code Chapter 1000 (Nuisance Ordinance) to revise the abatement process which was reviewed by the Planning Commission at its June 6th meeting. In general, the existing nuisance regulations for the City of Mound are effective with the exception of the abatement process which often gets dragged out. Very simply, it often takes a long time to get compliance with certain issues which is frustrating to neighbors and Staff. Members of the City Council are advised that the proposed amendment(s) are based on an ordinance currently used by the City of Kasson. Police Chief Kurtz has spoken with Kasson's City Manager and it is Staff's understanding that the process works extremely well and is very effective. The primary purpose for the proposed amendments is to improve the process for resolving nuisance issues and to recoup all involved costs. The PC tabled the matter to its next meeting to be held on June 20th and requested additional ordinance(s) from neighboring communities especially those around Lake Minnetonka. Additionally, questions regarding penalties for repeat violations and the proposed 5-day abatement deadline were discussed. It is anticipated that the proposed amendment(s) will be forwarded to the City Council for action at its June 28th meeting. -1783- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION June 6, 2005 Review of proposed amendments to Nuisance Ordinance - Smith said the nuisance issues are addressed well but the time line for abatement is too long. Staff is proposing to model the code after the code in Kasson, MN. Basically, the new language says the owner gets 5 days to abate the nuisance, after that the city can come in and take care of the problem and assess the property for costs. Osmek wants a penalty for repeat offenders. Smith wants an opinion from the City Attorney on the legal aspects of this. Ayaz felt the 5 day time period could be extended to 7 and add a few more for reasonable cause. Miller said 10 days would take care of the extensions. The Commission generally agreed. MOTION by Hasse, seconded Schwingler, to table consideration for 2 weeks. MOTION carried unanimously. Attest - 1784- Amendment of Mound City Ordinance 1000, section 1000.25 "Abatement" and Repeal of section 100.30 1000.25 Abatement Subd. 1. A person in violation of 1000.0SA and 1000.1SA of this section shall be deemed to have created a public health hazard, or public nuisance affecting peace and safety in the city, which is subject to abatement by city staff members. Subd. 2. If the owner or occupant thereof fails within five days after posting by first class mail of a notice to abate a public health hazard, or public nuisance affecting peace and safety on the property, the city by and through its authorized personnel may enter upon such property and abate the public health hazard, or nuisance affecting peace and safety by any reasonable means, including contracting with a private person to do so. Subd. 3. Any expenses incurred by the city in the abatement of a public health hazard, nuisance affecting peace, safety, or moral decency as defined in this section shall be the. responsibility of the property owner, and if subsequently unpaid, may be assesses against the property as provided in Minnesota State Statute 429.101. - 1785- Mound City Code CHAPTER X. 1000.00 NUISANCES Section 1000 - NUISANCES - ABATEMENTS 1000.01 Public Nuisance Defined. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of.maintaining a public nuisance, which is a misdemeanor: (a) Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public, or (b) Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public, or (c) Is guilty of any other act or omission declared by law or this Section to be a public nuisance and for which no sentence is specifically provided. 1000.05, 1000.10, and 1000.15 relating to nuisances and abatement are hereby repealed in their entirety. (ORD.//29-1989 - 6-26-89) 1000.05A. Public Nuisances Affecting Health. The following are hereby declared to be public nuisances affecting health: (a) Carcasses of animals not buried or destroyed within 24 hours after death; (b) The keeping of any animal over six (6) months of age which has not been vaccinated against rabies with an approved vaccine as determined by the official CO- mprehendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. (c) Alt public exposure of persons having a communicable disease as defined in Minn. Stat. Section 144.4172 and any building, conveyance, or place where contagion, infection, filth or other source or cause of communicable disease exists; (d) Accumulations of stagnant water, manure, or rubbish which are likely to become breeding places for flies, mosquitoes or vermin; (e) Depositing manure upon any city street, city sidewalk, or city property. 12/31/98 - 1786- Mound City Code 1000.10A 1000.10A Public Nuisances Affecting Morals and Decency. The following are hereby declared to be public nuisances affecting public morals and decency: (a) All gambling devices, slot machines and punch boards, unless approved as a legal device by the State of Minnesota; (b) Betting, bookmaking, and all apparatus used in such occupations; (c) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy houses; (d) All p'laees where controlled substances, narcotics, or intoxicating liquor is manufactured or disposed 6f in violation of law or where, in violation of law, persons'are permitted to resort for the purpose of drinking intoxicating liquor or use of controlled substances.or narcotics, or where intoxicating liquor, controlled substances., or narcotics are kept for sale or other disposition in violation of law, and all liquor controlled substances, and narcotics and other property used for maintaining such a place; (e) Any vehicle used for the transportation or intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose; (f) The use of any fish house, warming house, or other similar structure for any activity listed in (a) through (d) above. IO00.1$A Public Nuisances Affecting Peace and Safety. The following are declared to be public nuisances affecting public peace and safety: (a) All snow and ice not removed from public sidewalks 12 hours after the snow or other precipitation causing the condition has ceased to fall; (b) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles, and all limbs of trees closer to the street surface than 15 feet and all limbs of trees closer to the surface of a sidewalk than 8 feet; (c) Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this Section or other applicable law; (d) Radio aerials, radio towers, television antennae, television towers or satellite dishes erected or maintained in a dangerous manner; 2 12/31/98 - 1787- Mound City Code 1000.1SA (e) (e) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free uses of the streets or sidewalks; (f) All hanging signs, awnings, and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by this Section; The al.lowing of rain water, ice, or snow to fall from any building or structure up°n any street or sidewalk or to flow across any sidewalk; (h) Waste water cast upon or permitted to flow upon streets or other public property; (i) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other materials, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health, or safety hazards from such accumulation or from the rank growth of vegetation among the items so accumulated; (3 Noxious weeds, as that term is defined in Section 18.171 of Minnesota Statutes, and any excessive growth of other weeds; excessive growth of weeds means weeds or grass which are 12 inches or more in height; (k) Any wire, except clothes line wire, which is strung less than 15 feet above the surface of the ground; (1) Any fence or other structure maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property; (m) MI buildings., walls, and other structures which have been damaged by fire, decay, or otherwise; and which are so situated as to endanger the safety of the public; (n) All dead standing trees which present a hazard to like or property, all elm or other ~ees found harboring the Dutch elm beetle, all dead standing elm wood, and all cut elm or other wood found harboring the Dutch elm beetle; (o) All dangerous, unguarded machinery, including derelict autos, derelict boats, and derelict refrigerators and freezers, in any public place, or so situated or operated on private property as to attract the public; (p) Swimming in a channel or jumping or diving from a channel bridge; 3 12/31/98 -1788- Mound City Code 1000.15A (q) (q) Operating any water craft, motor vehicle, or powered device, or propelled device, on the open water, or upon the ice of a body of water, in such a manner as to endanger life, limb, or property; (r) Standing upon any street bridge or railroad bridge for purposes of fishing therefrom; (s) Causing to be made any fire on any public beach area or park except in fireplaces designated for that purpose; (0 Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child coming on the premises where it is located; (u) Obstruction to the free flow or water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials; (v) The placing or throwing on any street, sidewalk, or other public property orany glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; (w) The depositing of garbage or refuse on a public right-of-way or on adjacent private property. (ORD.//29-1989.- 6-26-89) 1000.20 Duties of City Officers. The Police Department shall enforce the provisions relating to nuisances. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. 1000.25 Abatement. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the officer shall noti.fy in writing the owner or occupant of the premises of such fact and shall order that such nuisance be terminated and abated. The notice shall be served in person or by certified or reg.istered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall speci.fy the steps to be taken to abate the nuisance and the time, not exceeding 10 days, within which the nuisance is to be abated. If the notice is not complied with wi, thin the time specified, the enforcing officer shall report that fact forthwith to the Council. Thereafter, the Council may, after notice to the owner or occupant and an opportunity to be heard, provide for abating the nuisance by the City. The notice shall be served in the same manner as notice by the enforcing officer is served and shall be given at least seven days before the date stated in the notice when the Council wilt consider the matter. If notice is given by posting, at least 10 days shall elapse between the day of posting the notice and the hearing, and a copy of the notice shall be sent by certified mall to the record owner of the subject property. 12/31/98 - 1789- Mound City Code ~ ,fi 1000.30 ~um;~. a y. f premises on which a nuisance has been ~nb~din~ealleobs~sP2?a~tallYnlJ};b~eeeS.°rlhs ~oCo°2t~°th~;oC2ktYh °asf ~eeenacboat~;~;~ · and thecost determine~;~ e~City Clerk or other official designated by the Council shill p~l for the c0st~l it to the owner. ThereupOn the amount shall be immediately due and payable at the. o'l~qc%the City Clerk. S~ 'nuisance 's~blic health or safety ha?~_~rd on private e growth of weeds on private property or outside the traveled portion of streets, or u or insect-infested trees, any unpaid charges by the City for the cost of elimination of the nuisance may be collected as a special assessment pursuant to Section 370 of the City Code. 1000.35 No Election of Remedles. The notice and abatement as above provided in Subsection 1000.25A above shall not be deemed the exclusive method for the enforcement of Section 1000, Without notice, a proceeding may be instituted in a proper tribunal for the prosecution of a misdemeanor; and the judge in such a criminal case may impose the fine or penalty authorized by law in such case made and provided, including that contained in Section 347.04 of Minnesota Statutes for the disposition of dogs constituting a public nuisance. The civil remedies at law and equity shall be deemed available at all times, without notice. The Health Officer may, concurrently with any such procedures, or without such procedures, condemn such structures as unfit for habitation pursuant to Section 1005. 12/3 t/98 - 1790- (a) The mayor shall be designated the weed inspector and may appoint one or more assistant weed inspectors, who shall have the same power, &uthority and responsibility of the mayor in t/%e capacity of weed inspector. (b) Local Weed inspectors shall examine all lands, including h&ghway~, r~a~ and'. a~ll. ey~, ~c~. determine the existence of n~xiou~ and~ other weeds, and shall issue directives to the property owner as to proper prevention and eradication methods. (c) Compensation for weed inspectors shall be ten dollars per hour plus mileage. (d) An assistant weed inspector shall be the public works director who shall be compensated at the regular rate of pay for the public works director position. Sec. tO'-l.l, ~pem a=ea~. 1 and of premises shall be maintained and kept open areas parts in a reasonably cIean and' neat condition. T~is requirement shali include, but not be limited to, the removal of dead trees, brush and weeds~ garbage and refuse, the removal of inoperable machines, appliances, fixtures and equipment so damaged, deteriorated or obsolete as to have no substantial value and which constitute junk; the removal of lumber piles, and buildinc~, materials, no.t being, used in actual construction on the premises unless such premises are being used by a bu'~iness dealing in or requiring the use of such lumber and materials; and-~he .~em~va..1 .of .t.in .cans, ;br.'ken .glass, ~bro~en f,~,rnit-~re, mattresses, box springs, bo~es, crates, cardboard, tires and other debris. Any weeds or tall grass growing upon any lot or parcel of land in the city of Kasson are hereby declared' to be a nuisance and' dangerous to the health, safety and good order of the city. Nothing in this section shall restrict the activities of duly established and licensed junk yards. ~conforming Motor Vehicles. .{1) Motor vehicle .means .every vehicle which is self~propelled. (2) No person shall place, park, permit to remain, store or leave upon a.~. opem~ s~ace a.rea, of ar{y premis~anym~t~r vehicle u~es~ it conforms with all of the following requirements: a. The vehicle mus't 'have affixed to i't a valid curren~ mo%or vehicle license; b. The vehicle must not lack essential parts that would render it inoperable; and c. The vehicle must not be in a rusted, wrecked, partially dismantled or junked condition. (3) If a motor vehicle fails to meet any of the above requirements, the owner or possessor of the motor vehicle shall be responsible to remove the-motor vehicle to a duly licensed junkyar, d .or other - 1791 - authorized place of deposit or storage within five working days of a demand by the city. In the event the owner or possessor of the motor vehicle cannot be located, then it shall be the responsibility of the owner of the premises to remove the motor vehicle to a duly licensed junkyard or other authorized place of deposit or storage within five working days of a demand by the city. (d) Abatement Procedure. (1) If the owner or occupant thereof fails within five days after posting by first class mail of a notice to abate a public health hazard contained on any property, the city by and through its authorized personnel may enter upon such property and abate the public health hazard by any reasonable means, including contracting with a private person to do so. (2) Any expenses incurred by the city in the abatement of a public health hazard under this section shall be the responsibility of the property owner, and if subsequently unpaid, may be assessed against the property as provided in Minnesota Statute 429.101. (Ord. No. 752, §§ 1- °4.) Article II. Collection and Disposal Generally. Sec. 10-2. Precollection practices--Preparation of refuse. Person accumulating garbage, rubbish or refuse shall comply with the following precollections procedures: (a) Large items from commercial establishments. Commercial establishments handling big cardboard boxes, wooden crates or similar items which cannot be placed in containers as defined in section 10-3, shall keep such items indoors on an impervious surface or outdoors in fixed large metallic containers which are easily drained and so located as to be easily unloaded by the collector. Such containers shall be kept covered at all times. (Ord. No. 752, § 5.) Sec. 10-3. Same--Refuse containers. Refuse containers shall conform to the following regulations: (a) Construction. Ail refuse containers shall be make of equipped with suitable handles and tight-fitting covers, and shall be water tight and vermin proof. (b) Conditions. Refuse containers shall be kept by the responsible tenant in a neat, clean and sanitary condition so as to prevent insect breeding, nuisances and unsightly conditions. Such containers shall be in good repair and free of ragged or sharp edges or other defects - 1792- likely to injure or hamper the person using or collecting the contents thereof. (c) Replacement. Any refuse container which does not conform to the provisions of this chapter shall be promptly replaced with a proper container by the responsible tenant or collector supplying such container. Failure to replace such improper container within ten days after receipt of written notice from the city clerk-administrators office to do so shall constitute a violation of this chapter and shall subject the responsible tenant or collector to the penalties provided therefor. (d) Location; identification. Ail refuse containers shall be kept as near the rear of the premises as practicable, at the alley if there be an alley at such place, and shall be located so as to be easily accessible to the collector. Such containers shall be kept above the ground or on an impervious surface. Each container shall bear the number of the property address or the name of the commercial establishment for the purpose of enabling the collector to return such container to the property and to correctly identify violators. (Ord. No. 752, § 5.) Sec. 10-4. Disposal--Generally. It shall be unlawful for any person to collect, transport or dispose of refuse, except a responsible tenant with respect to his own refuse, a contractor with respect to his own construction waste and a collector licensed by the city. (Ord. No. 752, § 5.) Sec. 10-5. Same--Construction wastes. Construction wastes may be disposed of by the builder, contractor or person responsible therefor without a license or permit in a vehicle normally used for that purpose; provided, that when such construction wastes include paper or other material likely to scatter, such vehicle shall be enclosed or covered in a manner which wilt prevent such scattering. A licensed collector is not required to remove construction wastes which have not been stored as provided in section 10-2 or which are in excess of the quantity agreed to be removed, unless separate arrangements therefor have been made. (Ord. No. 752, § 5.) Sec. 10-6. Same--Hazardous refuse. No hazardous refuse such as radioactive materials, drugs, poisons, infectious wastes and similar materials shall be picked up by licensed collectors but shall be stored and transported by the owners or the person responsible therefor to the county disposal area and disposed of in the manner prescribed by the county environmental quality office. (Ord. No. 752, § 5.) Sec. 10-7. Same--Garbage disposal units. - 1793- Minnesota Statutes 2004, 429.101 Page 1 of 3 House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, laws, and Rules Minnesota Statutes 2004, 429.101 Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota. Minnesota Statutes 2004, Table of Chapters Table of contents for Chapter 429 429.101 Unpaid special charges may be special assessments. Subdivision 1. Ordinances. (a) In addition to any other method authorized by law or charter, the governing body of any municipality may provide for the collection of unpaid special charges for all or any part of the cost of: (1) snow, ice, or rubbish removal from sidewalks; (2) weed elimination from streets or private property; (3) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of sections 463.15 to 463.26; (4) installation or repair of water service lines, street sprinkling or other dust treatment of streets; (5) the trimming and care of trees and the removal of unsound trees from any street; (6) the treatment and removal of insect infested or diseased trees on private property, the repair of sidewalks and alleys; (7) the operation, of a street lighting system; (8) the operation and maintenance of a fire protection or a pedestrian skyway system; (9) reinspections which find noncompliance after the due date for compliance with an order to correct a municipal housing maintenance code violation; (10) the recovery of any disbursements under section 504B.445, subdivision 4, clause (5), including disbursements for payment of utility bills and other services, even if provided by a third party, necessary to remedy violations as described in section 504B.445, subdivision 4, clause (2); or (11) painting the exterior of a structure to remedy a municipal code violation; as a special assessment against the property benefited. http://www.revisor, leg. state.mn, us/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=cu... 5/24/2005 - 1794- Minnesota Statutes 2004, 429.101 Page 2 of 3 (b) The council may by ordinance adopt regulations consistent with this section to make this authority effective, including, at the option of the council, provisions for placing primary responsibility upon the property owner or occupant to do the work personally (except in the case of street sprinkling or other dust treatment, alley repair, tree trimming, Care, and removal or the operation of a street lighting system) upon notice before the work is undertaken, and for collection from the property owner or other person served of the charges when due before unpaid charges are made a special assessment. Subd. 2. Procedure for assessment. Any special assessment levied under subdivision 1 shall be payable in a single installment, or by up to ten equal annual installments as the council may provide. With this exception, sections 429.061, 429.071, and 429.081 shall apply to assessments made under this section. Subd. 3. Issuanoe of obligations. (a) After a contract for any of the work enumerated in subdivision 1 has been let, or the work commenced, the council may issue obligations to defray the expense of any such work financed in whole or in part by special charges and assessments imposed upon benefited property under this section. (b) Section 429.091 shall apply to such obligations with the following modifications: (1) such obligations shall be payable not more than two years from the date of issuance; (2) the amount of such obligations issued at one time in a municipality shall not exceed the cost of such work during the ensuing six months as estimated by the council; (3) a separate improvement fund shall be set up for each of the enumerated services referred to in subdivision 1 and financed under this section. (c) Proceeds of special charges as well as special assessments and taxes shall be credited to such improvement fund. HIST: 1953 c 398 s 10; 1955 c 811 s 6; 1963 c 771 s 5; 1965 c 323 s 2; 1973 c 337 s 1; 1974 c 340 s 1,2; 1984 c 548 s 7; 1984 c 582 s 7; 1984 c 591 s 6; 1984 c 633 s 5; 1986 c 444; 1Sp2003 c 21 art 11 s 29; 2004 c 275 s 2 * NOTE: Subdivision 1, paragraph (a), clause (11), is *repealed on July 1, 2006. Laws 2004, chapter 275, section 5. Please direct all comments concerning issues or legislation to your House Member or State_ Senator. http://www, revisor, leg.state.mn, us/bin/getpub.php?pubtype=STAT_CHAP_SEC&year--cu... 5/24/2005 - 1795- DOCKS AND COMMONS ADVISORY COMMISSION MINUTES May 19, 2005 Present: Commissioners Jim Funk, Greg Eurich, Gerald Jones, Michelle Olson, Council Representative Mike Specht, Park Superintendent Jim Fackler, Secretary Denice Widmer Absent/Excused: Frank Ahrens Chair Jim Funk called the meeting to order at 7:30pm 1. Approval of April 21, 2005 Minutes MOTION by Specht to approve the April 21, 2005 Minutes. SECOND by Jones. Motion carded. 2. Agenda Changes. None 3. Comments and suggestions from citizens present. None present 4. Discuss: Rip-Rap Request on Phelps Bay Fackler gave a brief overview of the Overland Lane rip-rap request, stating that the lowest bid for the rip-rap of 44' had come from Minnetonka Portable Dredge. There was some confusion as to the Phelps Bay request, but Fackler pointed out that Secretary Widmer should not have had this an Agenda Item, but rather, as an FYI only for discussion later on in the fall. Also stated that Secretary Widmer should also have included the pictures of Overland Lane from last month in the bid information packet and that the colored pictures of Phelps Bay should not have been handed to the commission. Fackler asked for a recommendation for Minnetonka Portable Dredge to complete the rip-rapping of 44' at Overland Lane. MOTION by Funk to recommend that the low bidder, Minnetonka Portable Dredge, be contracted to complete the tip-rapping of 44' at Overland Lane at a cost of $80.00 per foot for a total of $3,520.00. SECOND by Jones. Motion carried. 5. Discuss: Chan~e to Mound City Code 437.05, subd 2, Residency Fackler explained that in an attempt to eliminate individuals who reside outside the City of Mound, but retain an uninhabitable/unoccupied home in Mound, from being eligible to participate in the Docks Program, staff has proposed removing "or summer resident" from the Code and adding the definition of Resident as "an individual who resides within the boundaries of the City of Mound, Minnesota, Docks and Commons Advisory Commission Minutes 5/19/2005 - 1796- and has declared it to be their residence to the State of Minnesota, Department of Public Safety as evidenced by their Minnesota Driver's License or Identification Card. Ordinances from Deephaven and Greenwood were included as examples of resident definitions. Section 900, Subd 9, for Deephaven states: Property Owner: Property Owner means the fee owner of the land in the City or the beneficial owner of land in the City who resides on the property from May 15 to October 1, whose interest is primarily one of possession and enjoyment in contemplation of ownership. The term includes purchasers under a contract for deed. Section 425.05, Subd. 3, for Greenwood states: Resident. A "Resident" is an individual who resides within the boundaries of the City of Greenwood, Minnesota and has declared it to be their'residence to the State of Minnesota, Department of Public Safety as evidenced by their Minnesota Driver's License Identification card. Discussion followed as to how to incorporate wording from both of the above Ordinances into Mound's. The DCAC asked what the process for such a change would be. Fackler stated that he would like a motion from the DCAC to send it to Attorney John Dean. The ordinance would then come back to the DCAC for review before forwarding it to the City Council for final approval and adoption. Fackler stated he would like to get the process started for implementation for the 2006 Boating Season. MOTION by Specht to send Deephaven and Greenwood's Ordinances to Attomey John Dean for review to incorporate wording from both into Mound City Code 437.05, sub 2. in order to eliminate the problem of residents who live outside the City of Mound but retain and uninhabitable/unoccupied home in the City which allows them to be eligible to participate in the Docks Program. SECOND by Jones. Further discussion followed. Motion carried. 6. Discuss: Slip Usage Fackler gave a brief background on slip usage, stating that the DCAC originally had intended that boats be required on the 80 slips since they are owned and maintained by the City. Fackler stated that a handful of slip holders will make sure they have a boat in the water for the June 15 inspection, but that's the last time a boat will be seen at the slip. Fackler stated that staff is mindful of mitigating mechanical or medical circumstances that may prevent a holder from having their boat at the slip for a season, but slip holders are also allowed one season to compensate for this. Fackler stated that one recommendation would be to substantially raise the fees because people would think twice about not having a boat at the slip if they were paying, for example, $800.00 instead of $300.00. Fackler did add, however, that a very small percentage of holders do not have boats at the slips, so it would seem unfair to punish those who do. Funk agreed. Docks and Commons Advisory Commission Minutes 5/19/2005 - 1797- 2 Specht stated that he agreed with Fackler on raising the fees, as the program is currently underpriced. Funk agreed that raising a substantial increase in fees would make sense if this was a private business, but it is a government agency and he wondered how much profit the program needs and what the program would do with the profits. Fackler also said it would require more inspections in order to monitor the situation. Fackler stated that now that the new CSO would be doing dock inspections and enforcement, he would have a more accurate end-of the year report. Eurich asked if"spot checks" could be done. Fackler stated that the docks and slips are checked 3 to 4 times a year already, but that the slips would be easier to check more often. Fackler recommended that the DCAC wait until the year-end report was completed, and address this issue for the 2006 Boating Season. Fackler also handed out colored Dock Location Maps to each of the commissioners, stating that the process had taken four years to complete. Fackler stated that he and Katie would be closely monitoring the map and making the necessary changes each year. Fackler also stated that the LMCD respects Mound's boat monitoring as it assists them greatly. MOTION by Specht to review the slip usage issue after the year-end report is completed by the Community Service Officer. SECOND by Olson. Motion carried. 7. Discuss: 2006 Dock Fees There was a four-page handout: Pg 1 contained the 2004 actuals with Rev.03 that the DCAC approved, reflecting $37,000 in total Capital Outlay. Pg. 2 contained 2004 actuals and Rev.03 that the City Council approved for the budget, reflecting $50,000 in Capital Outlay for 2005. This is also reflected on Pg 4 in line item 500 for rip-rap/dredging/stairs. Funk stated that this more closely represents what will be spent because it was approved in the 2005 budget. Specht asked what a comfortable Fund Balance was but was not given an answer. Fackler stated that there are more area that multiple could be installed, adding that even though multiples make his job easier, there is a lot of work involved with them. Fackler stated that the DCAC needs to keep in mind that redecking of the current multiples will need to be completed but that the quality of decking varies. Fackler reminded the commission that low bid isn't always the best bid. Fackler also added that rip-rap has to be monitored. He stated that his 10 year rip-rap program was cut to 20 years and now staff is reacting only if there is a problem. Fackler added that the Marina is still an option, but that it is an expensive endeavor. Fackler stated that the DCAC should be mindful of the fact that this program could be a revenue source for the General Fund, and that he does not have a problem with that as long as Program needs are met before the monies are Docks and Commons Advisory Commission Minutes 5/19/2005 - 1798- funneled to the General Fund. Interest in the Program is high as there is a 6-7 year wait for a dock. Eurich asked how much fees would have to increase to make up for the $25,000 in 2006. Fackler stated that it would be over $50.00. Fackler stated that they are going to the metal tags on the docks and that the CSO will be able to inspect them both from shore and from water. He added that he is looking to purchase a new boat in 2006 for this purpose. Funk then brought the subject back to the Fund Balance, asking if $ 90,000 was a comfortable figure. The commission agreed. Katie will run the figures to show how much of an increase is required to maintain that Fund Balance. Specht asked for direction on what increases need to be made to keep the Fund Balance alive. Jones stated that is they increase the fees $50 per year, the fees will be too high for Mound residents to be expected to pay. Fackler then stated that the Lost Lake Townhome docks will be playing a role in the Fund Balance, stating that the City will own the docks, but that the Association will maintain them. He also stated that dock fees have not been determined, not what staff and DCAC responsibility will be. Ordinances and fees will need to be set for those particular docks. Fackler also stated that this is a very unique situation in the that the permit holder with the LMCD is the City of Mound. Fackler stated that Mound Harbor Renaissance and City Planner, Sarah Smith would be making a presentation of the Lost Lake Docks to the DCAC for their review most likely at the end of June of into July. A special meeting may have to be called for, but Fackler will confirm that with Chair Funk. Discussion continued on the Lost Lake docks. Funk then brought the discussion back to the 2006 Fees and directed staff to adjust the revenue in order to maintain a $90,000.00 Fund Balance out to the year 2010 on the spreadsheet. This item will be brought back at the September meeting. 8. Discuss: 2006 Budget Expenditures/Capital Outlay Funk stated that this topic goes along with the Fees. Fackler stated that the budget process begins in June. No further discussion. 9. Discuss: June, July, August and September Agenda Calendars There will be a special meeting with Mound Harbor Renaissance at some point. Informational packets will be mailed out each month. 10. Repo~s: Docks and Commons Advisory Commission Minutes 5/19/2005 - 1799- 4 Council Representative Mike Specht gave an update on Mayor Meisel. Park Superintendent Jim Fackler stated that the Meyer Dock issue will be discussed at the June 14 City Council meeting. Also stated that they have had thefts at some docks already. Told DCAC that he has been using two contractors for the in and outs and their fees have always been pretty much in line with each other. Stated that one of the contractors has significantly increased his fees, so Fackler may be bringing the issue to the commission to open it up for bids in 2006. Fackler stated that Katie is extremely busy and that realtors are adding to this burden. He stated that realtors continue to give out incorrect information regarding docks to prospective buyers and Katie must field questions and concerns from the parties involved. Eurich offered a suggestion to have this information on the City website and direct callers there. Fackler stated that the whole process is difficult for people to understand even when it's explained several times. Fackler explained various scenarios involving realtors and docks. MOTION by Funk to adjourn. SECOND by Olson. Meeting adjourned at 9:25pm. Docks and Commons Advisory Commission Minutes 5/19/2005 - 1800- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, May 11,2005 Wayzata City Hall CALL TO ORDER Skramstad called the meeting to order at 7:02 p.m, ROLL CALL Members present: Tom Skramstad, Shorewood; Katy Van Hercke, Minnetonka; Paul Knudsen, Minnetrista; Jose Valdesuso, Excelsior; Doug Babcock, Tonka Bay; John Berns, Wayzata; David Gross, Deephaven; Steve Johnson, Mound; Pete Nelson, Victoria; Tom Scanlon, Spring Park; Tom Seuntjens, Uinnetonka Beach; Herb Suerth, Woodland; Cree Zischke, Greenwood. Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician; Emily Herman, Administrative Secretary. Member absent: The City of Orono does not have an appointed member. WELCOME AND INTRODUCTIONS Skramstad welcomed attendees for their participation. He educated the attendees, via a PowerPoint presentation, on the following information: · The historical background of the LMCD. · The governmental agencies the LMCD works with. · Topics that the LMCD regularly addresses. · An overview of the LMCD budget, with an emphasis on the three budgets, a breakdown of the levy contiibutions of the 14 LMCD member cities, and other funding sources for the LMCD. BOAT DENSITY COMMITTEE OVERVIEW Van Hercke educated the attendees, via a PowerPoint presentation, on the background of the Boat Density Committee. She provided the following information: · The charges given to the original Boat Density Committeel · The charges given to the second Boat Density Committee. · The Boat Density Committee member's names. · A summary and conclusion of where the committee is and what steps will be taken next. · An overview of the 1974 Boat Density Policy. This included: 1) the procedures utilized in the 1974 Boat Density Policy, 2) the reasoning for establishing the 1974 Boat Density Policy index definitions, 3) 1974 Boat Density Policy index definitions, 4) 1974 Boat Density Policy index conditions for determining the designated levels of "critical", "potentially critical", and "not crowded", and 5) 1974 Boat Density Policy Board Action Alternatives · An overview of the "Lake Use and Recreation" chapter in the 1991 Lake Minnetonka Management Plan. · She introduced Tom LaForce as the meeting planning and facilitator for the committee and this public meeting. - 1801 - Lake Minnetonka Conservation District Regular Board Meeting May 11, 2005 Page 2 PUBLIC COMENT PROCESS OVERVIEW LaForce addressed the attendees and provided information on the meeting guidelines, the resources available to the attendee in having the LMCD receive their input, and the topics of discussion, He posed the following questions for the audience: 1) Why does one care if the lake is dense? 2) How does density impact one's level of satisfaction? 3) What is the negative impact of the lake becoming more dense and does one think those conditions exist at this time? He further stated that the quality of experience is an individual choice. Ten topics were presented with individual comments from the audience as follows: Topic #1: Assessment of current situation and expectations about safety and overall experience when usinq the Lake. Dick Osgood, representing the Lake Minnetonka Association (LMA), stated that based on the lake use surveys, there has not been a change in boat density in the last 30 years. However, the study is showing an increase in trends and he questioned if the tool used is out of date and needs to be modified. Dean Atkins, 27720 Island View Road, stated he was glad to see density has not increased. However, he questioned if density is that big of concern because half the boaters on a Sunday afternoon are around Big Island and Lord Fletchers. He considered the increase in boating is for social purposes and not a negative impact. Randy Boyd, 19960 Minnetonka Boulevard, compared a 1986 article that had density at one boat per 6.5 acres compared to the current density of 1:8. He questioned the way LMCD has counted the boats, boats in no wake zones, because he felt it was critical to remain consistent in what data is used and how it is obtained. Kathe Flynn, 19155 Lake Avenue, stated she wanted to follow-up on Randy Boyd's comments. She expressed concern for the lack of data for enforcement issues and questioned if studies exists on the affects of water quality for environmental issues, i.e., gas that is utilized for the boats. Keith Stuessi, 5000 Meadville St., informed the Board on his historical use of the lake. He further noted that the boats are bigger now than previously used and he expressed a concern about 30' plus boats going by his dock at 40 mph at 7 a.m. for fishing contests out of Excelsior Bay. Gabriel Jabbour, 985 Tonkawa Road, expressed an interest in reestablishing courtesy and respect on the lake. He stated that in the early 1970's, one could approach a boater differently than now. Deephaven City Council member Kim Crockett, representing the City of Deephaven, made the following comments: - 1802- Lake Minnetonka Conservation District Regular Board Meeting May 11, 2005 Page3 · Density can be defined in many ways. Whatever the Board decides, Deephaven feels it is important that lakeshore property owners and cities not be restricted any further with boat storage. · Deephaven expressed an interest in stepping up enforcement of current rules. · Deephaven believes that commercial charter boats pose few problems and are a great way to get access to the lake. · Deephaven has requested focus be placed on speed, wake, noise, loud music, distance to drop an anchor, partying, fishing, etc., so that homeowners have some sense of privacy. · Deephaven has recognized density as an unattractive destination for homeowners. · Deephaven has requested a generous review, rather than more restrictive review, on dock applications for people living around the lake because this is not a large issue. Bill Baker, 4948 Wilshire Boulevard, stated he was on the Minnetonka Power Squadron but was representing himself. He believed that enforcement is a major concern and concerns on the lake are not so much density as is misuse. He expressed concern that anybody can get a boat and drive without a license or boat safety class. If safety was mandatory and enforced, he believed it would eliminate 55 to 60 percent of the problems. Mike Ronald, 4853 Bartlett, stated the number of the boats have increase a little bit contributing to some problems. However, he was not concerned about the size of the boat. He expressed concern about the lack of education and courtesy of the boat owners. He believed that licensing of boaters was needed. Skipp La Joy, 1872 Shorewood Lane, stated he has witnessed changes over the years and believes density is not an issue. His concerns were more towards weekend activity that is transient or trailer boating because he believed that accidents mostly happen on the weekend. He stated that if it is not broken, don't fix it. He believed that speed limits for specific sizes of boats is a greater concern than just the size of all boats. Topic #2: Enforcement of stora.qe ordinances. LeFevere provided a summary of the most restrictive density standard adopted in 1978, the 1:50' General Rule. He provided an overview of the two-boat and four-boat rule exception, and what needs to be present to qualify for these exceptions. He stated that any site that legally stores five or more restricted need to make application and have Board approval for a multiple dock facility. He provided a general overview of the 1:10' standard for special density licenses and how the public might qualify for a non-conforming, non- multiple permit. LaForce posed the following two questions for the attendees: 1. Should the LMCD move towards more vigorous enfomement of storage ordinances and if so, what effect, if any, will it have? 2. What ideas do you have to make the above approach most effective? Bill Baker expressed concerns about the complexity of how the density code is written. 803- Lake Minnetonka Conservation District Regular Board Meeting May 11, 2005 Page 4 LaForce directed the attendees to the portion of the survey that outlines the density code and urged individuals to mark their comments in that section. Dave Cole, 80 Gideons Point Road, reinforced that enforcing storage concerns on the lake is not as big of concern as enforcing the actions of the boaters. Don Wilbur, 3185 Lake Shore Boulevard, stated that if the LMCD has rules, there is a need to enforce them. Rich Anderson, 3205 Crystal Bay Road, recommended a penalty fee for lack of compliance with code. He further recommended that a fee be placed in a fund for enforcement staff because the LMCD is currently understaffed to maintain the enforcement issues on the lake. Paul Pedersen, 17204 Grays Bay Boulevard, Wayzata, stated that he agreed with the prior two speakers regarding storage and enforcement of rules. Topic #3 Reporting violations. LaForce asked the attendees if they would like an opportunity to report violations should an easier process be developed? Scott Bissen, 16025 36th Place, stated that he was a resident of Plymouth but was in the process of moving to Lake Minnetonka. He recommended that the public needs to be personally responsible for their actions and he questioned whether the Sheriff's Water Patrol would want to deal with additional complaints from the public for speeding and other violations. Allen Haag, 4305 Chimo East, stated that one positive aspect of utilizing the reporting system is that a data base could be created to track repeat violators. Mike Ronald stated that individuals need a way to call in on viblations of boat storage to avoid the possibility of repercussions from their neighbors. Rich Anderson strongly supported the ability to report a violation to avoid repercussions and the hiring of another staff member to regularly check and follow through on violations. Gabriel Jabbour stated it is illegal to disclose who reported a violation and urged citizens to complain. Bill Baker reiterated the need for educating the public on simplified density rules. Dean Atkins expressed an interest in prohibiting dock installers from knowingly installing docks that do not comply with Code. Topic #4: Separation restriction for personal watercraft (PWC). LaForce outlined the current Code requirements and posed the following two questions for the attendees: - 1 804- Lake Minnetonka Conservation District Regular Board Meeting May 11, 2005 Page 5 1. Is there a need to further increase the 150' separation restriction? 2. Should the LMCD work with the Sheriff's Water Patrol to ask them to more vigorously enforce the existing regulations? Council Member Klm Crockett, stated that she believed there was very little likelihood that an officer was going to be available to respond to a citizen's call that would hold up in the Court of Law. She questioned the ability of citizens being deputized to accomplish the task and what the LMCD would do with the information called in. She welcomed the idea of the database being collected; however, she was unsure if money for enforcement was available. Topic #5: Impact of large boats. LaForce posed the following two questions for the attendees: 1. What impact, if any, are large boats having on the lake? 2. Does one think there should be a restriction to the number of large boats or size one should be able to have on the lake? Tom Reese raised a concern about wake boating and tow toys, both of which destroy a bay and should be looked into. Dick Osgood questioned the objective basis for restricting boat sizes. He compared the number of wakes to a mathematical analysis in which a congested area of wakes will produce an angry water affect; placing the concern on congestion, or clustering of boating activity, and not the size of the boat. He stated that the proposal to restrict the number of large boats makes sense only if there is some objective way to tie the proposal to the problem and then spread it evenly to the source of the problem. Randy Boyd reiterated the prior comment that when the boat gets into angry water, it is only natural to increase the throttle to smooth the water out, which further contributes to the problem of all boats traveling at a high speed. Topic #6: Minimum wake zones. LaForce posed the following two questions for the attendees: 1. How affective of a tool do you see minimum wake zones to be? 2. What suggestions do you have for future use? Gabriel Jabbour stated that LMCD already has a way of determining where minimum wake zones should occur. He believes the policy is exceptional and LMCD handles it well. However, he urged caution of taking a problem and moving it someone else creating a major logjam. - 1805- Lake Minnetonka Conservation District Regular Board Meeting May 11, 2005 Page 6 Dave Lentz, 720 Widsten Circle, Wayzata, MN 55391, stated he has been on Tanager Bay for 37 years. Over the last five years, he has witnessed abuse on the bay and he believed that it is virtually dead due to water skiing and toy towing on a constant basis. Topic #7: Education of lake users, LaForce stated that previous comments have been reiterating that boaters are violating ordinances that they do not realize they are violating. He posed the two following questions to the attendees: 1. To what degree do you think lack of education can explain the violation? 2. What impact, if any, do you think putting more efforts into education of the ordinances would have on behavior on the lake? Mike Ronald suggested that all boaters on Lake Minnetonka should take an education program, citing the example of obtaining a permit to snowmobile in other parts of the country. Skipp La Joy agreed that education is a very important topic. He stated that he was a licensed charter boat captain and has dealt with boaters not knowing the right-of-way or following the 150' separation law. Klm Crockett, representing herself, stated that if LMCD were to adopt a licensing procedure, it needs to lend heavily towards courtesy issues and that it not be made as just another governmental step to check off. She recommended a goal be achieved so that boaters crave the respect of other boaters. Topic #8: Density indices. LaForce reiterated Van Hercke's outline of the five indices in the 1974 policy and posed the following two questions to the attendees: 1. Should density be measured and if so, do you have an opinion as to how? 2. Once you find out what density is, what do you think ought to be done with the information? Mayor Tom Anderson, 20225 Cottagewood Road, stated density is perceived to be a negative. However, how does one measure this negative impact without being subjective. He provided the following ideas: 1) If too dense, one has an increase in public safety; providing for a measurable impact, and 2) The increase in the number of boats provides for a decrease in water quality. He stated that density is negative because it creates more hazards, safety issues, and/or poor water quality, which is what density should be measured by instead of a subjective opinion. Historical ways of suggesting density does not perceive to be a measurable way of obtaining the results. With regard to the measurements written in the 1974 policy, it is suggested that one of the resolutions to the measurable density is attributed to the use of watercraft and that it should have so many acres of water to function in a safe manner. One cure to a density issue is "Quiet Waters" and if the LMCD decides to retain the measurements in the 1974 policy and update them to current use, the measurement should be used against non "Quiet Waters" areas. In summary, he - 1806- Lake Minnetonka Conservation District Regular Board Meeting May 11, 2005 Page 7 suggested that: 1) the LMCD find a way to define the impact of density, a measurable impact on public safety, and 2) get a handle on water quality and the impact of boating and the turning of water Gabriel Jabbour generally concurred with the comments raised by Anderson. He questioned the relationship between boats stored on land and between boats being used in the middle of the lake. He believed that density should not be measured by density based on the relationship of boats stored to a mile of lakeshore. Instead, he believed that density should focus on how many boats are physically out in the middle of lake. Jule Hannaford, 1220 Brackett's Point Road, focused on the speed of boats on the lake, pointing out that boats are now faster compared to manufactured boats of 1974. Keith Stuessi stated the major problems consist of speed, noise, and carelessness (particularly due to large wakes). He believed these concerns are an enfomement issue and need to be dealt with via existing laws. Mike Ronald commented that people may own more than one boat, but they still only take out one boat at a time. Because of this, he questioned how the number of boats owned is weighed against density. He believed that public usage on the lake has increased and he was interested to note how many citations are given to people living on the lake compared to transient users. Skipp La Joy, stated that density relates to who is out on the lake. He believed that the studies conducted by the LMCD are done during the weekday hours compared to when the lake is most dense, the weekends. He suggested a study utilizing a fly-over looking at launch ramps, because he believed that people who live on the lake take better care of the lake as they see it as their back yard compared to transient users. Topic #9 Zoning. LaForce questioned whether ordinances should be applied evenly across the lake or is there reason to apply certain ordinances to certain parts of the lake differently? Paul Pedersen stated that he believed the LMCD had already accomplished this by creating "Quiet Waters" areas. Kathe Flynn commented that there has been discussion of a harborage concept, where certain bays would be designated for increased density for boat storage. What was recently allowed in Excelsior Bay is an example of a high use commemial bay that reasonably makes sense to allow for more docks to be installed. If that concept is applied throughout the lake, it could create a concern by deleting areas for kayaking, canoeing, sailing, swimming, etc. She stated that there seems to be a 'hieramhy where big boats are given precedent and all activities should be looked at equally. She also questioned whether LMCD should be the proper bodies for determining which bay should have increased density as the representatives are not elected officials. - 1807- Lake Minnetonka Conservation District Regular Board Meeting May 11, 2005 Page 8 Mike Ronald stated there is talk of zoning for boats, but you can also talk about zoning for kids - having special areas of the lake that are safe for swimming and tubing. He expressed an interest in more swimming areas for kids and establishing more lake usage that does not consist of heavy boating. Topic #10 General comments. LaForce stated this topic was for discussion that is not so structured. Dean Atkins expressed concern about the ability to erect colorful canopies and boat houses. He suggested that a moratorium be established requiring dark green usage to enhance the shoreline view. Dave Cole urged that the control of exotic species be enhanced for transient use. Gabriel Jabbour thanked the Board for allowing this meeting to occur. Public safety should be a top priority and the use of volunteers in that area has diminished. He commented on the positive aspect of increasing the two extra Water Patrol officers. The 1991 Management Plan dictates what steps to take when density reached a certain level and he urged the Board to think 2010 today. He stated it is unacceptable for one Sheriff's Water Patrol deputy officer to take care of the whole body of water. He urged seriously to partner with other agencies and develop mandatory licensing. He stated that many people, including himself, would be happy to work at the legislative effort to make sure that happen. F.G. Jewett, 3605 Parkway, stated that he has never owned property on the lake; however, his family has. He sails with the Minnetonka Yacht Club and commented, that the enjoyment has diminished due to: 1) wave chop on the main lake of the lower lake on race days when it is a nice day with wind below 12-15 miles per hours, 2) speed, and 3) and smog which is developed on weekend, high use days via two-cycle engine and inboard/outboard exhaust underneath the water. The consideration of commercial charters being a concern is unwarranted as they are one of the finest ways to show the lake to individuals. He urged the metering of ramp usage and limiting the use of them, except on holidays. Allen Haag stated that the bulk of the concerns raised, ramp usage and courtesy, could be tracked via proper technology. He understands staff and technology would need to be adjusted; however, it would be a good resource. Tom Warner, 21710 Fairview Street, introduced himself as one of the first LMCD Board members. He made the following comments: · Eliminating pollution is a State law and this was one of his original focus and responsibility as a Board member and citizen. · He wanted the attendees to know that the Board Members before them were volunteers. · He suggested the rules be "dummy proof" as in computer language, · He agreed with the discussion on increased education, · The marinas have a definite reason to be on the lake and could help out in educating the boaters via disseminating brochures. · He agreed with licensing; possibly starting with voluntary displaying a sticker on the windshield and a separate long-range plan. - 1808- Lake Minnetonka Conservation District Regular Board Meeting May 11, 2005 Page 9 · He suggested that boat rage has increased due to boaters not having an identity as they are in enclosed boats. · Speed is a factor but tonnage has become a larger factor, which includes how wide the boats have become. · He suggested that the LMCD look at other lakes and obtain some research as to where the other lakes are at in an evolutionary curve. · He expressed how proud he was of the Board and that he has been On the lake since 1936. · He recommended utilizing volunteers to disseminate educational materials, such as scout troops. Jim Hancock, 23800 Lawtonka Drive, stated that his interest was in competitive sailing on the lake and not with big power boats. He expressed an interest in requiring licensing as to the type of boat that is operated, along .with an inspection of the boats and their operators before entering the water. Greg Shultz, a resident of Wayzata Bay, stated that he has been on the lake for over 25 years and owns both a bass and larger 40' boat. He spoke of the speed discussion for use of different size boats and stated that speed limits are appropriate and work well for his bass boat. However, relative to the large boat on weekends, he finds it difficult to feel safe for his familywhen the 35', 40', and 55' boats create wakes. He suggested that the Board look at enforcing speed control based on the tonnage of the boat. MEETING WRAP.UP AND CLOSING COMMENTS Skramstad thanked the public for attending. He believed it was a very productive meeting because the attendees have provided LMCD with a half a dozen themes to look. He further thanked Van Hercke for chairing the Boat Density Committee. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 p.m. Tom Skramstad, Chair Jose Valdesuso, Secretary - 1 809- Page 1 of 1 Bonnie Rifler From: To: Cc: Sent: Subject: "Sarah Smith" <SarahSmith(~cityofmound.com> "kandis hanson" <kandishanson@cityofmound.com>; "Bonnie Ritter" <BonnieRitter@cityofmound.com> "Pat Meisel" <patm@meiselwoodhobby.com> Tuesday, June 14, 2005 11:39 AM Tabling of Dan Rivers Variance Application - 6/28 I received a call from legal representative of Dan Rivers regarding variance who requested that application be deferred until June 28th. 6/14/2005 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com June 14,2005 TO: FROM: RE: Mayor and City Council Bonnie Ritter Fi Yin and Shun Bo Moy - dba House of Moy I was informed that the House of Moy has a delinquent utility bill, and our city code states that no license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. Therefore, the approval of the wine and 3.2 beer license for the House of Moy should be contingent upon them paying all delinquent bills with the City. printed on recycled paper Mound City Code 800.30 800.30 Places Ineligible for License. Subd. 1. General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law. In addition, the existence of any of the following conditions render the applicant and the following premises ineligible for receipt of a Class A On-Sale license or a Class B On-Sale license: (a) Any restaurant which does not have a total market value, including land, building, and equipment, of at least $250,000 as appraised by the City assessor. The foregoing valuation provision shall not apply to the existing municipal On-Sale liquor dispensary or to the terms established by the Council. (b) Any hotel which does not have a total market value, including land, building, and equipment, of at least $500,000 as appraised by the City assessor. 800.35 (c) Any restaurant or hotel located in any zoning district other then a commercial or commercial use district. Subd. 3. Delinquent Taxes and Charqes. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. Conditions of License. Subd. 1. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this Section and of any other applicable ordinance, state law, or regulation. Subd. 2. Changes in Corporate Form Notification Requirements. Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws, or partnership agreement, as the cases may be, shall be submitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his or her spouse, parent, brother, sister, or child, exceeds 5%, and shall give all information about said person as is required of a person pursuant to the provisions of Subsection 800.10, Subd. 2. Subd. 3 Chanqes in Corporate Form - Early Termination of License. Any change of ownership or beneficial interest or sales of stock entitled to be voted at any meeting of the stockholders of a corporation which result in a change in voting control of the corporation by the persons owning shares of stock therein shall be deemed equivalent to a transfer of the license issued to such corporation, and any such license shall be revoked and terminated 30 days after any such change in 10 10/3/04 Page 1 of 1 Bonnie Rifler From: To: Sent: Subject: "Joyce Nelson" <JoyceNelson(~cityofmound.com> "Bonnie Ritter" <BonnieRitter@cityofmound.com> Monday, June 13, 2005 4:45 PM House of Moy At the present time House of Moy owes $1991.25 for their water bill. 6/13/2005 *NOTE: Replaces proposed resolutionin packet- only change is underlined portion under 1. CITY OF MOUND RESOLUTION NO. 05- RESOLUTION DEFINING THE PREMISES FOR THE ON-SALE 3.2 BEER AND WINE LICENSES ISSUED TO SKD, INC. (DOING BUSINESS AS CARBONE'S PIZZERIA) WHEREAS, City Code states that the City Council may impose additional conditions which the City Council considers necessary to protect the best interest and welfare of the community as a whole; and WHEREAS, concerns have been expressed regarding the control of liquor on the outside patio used by Carbone's Pizzeria; NOW, THEREFORE BE IT RESOLVED that the premises for the on-sale 3.2 Beer and Wine liquor licenses issued to SKD, Inc., (doing business as Carbone's Pizzeria) be defined as the current establishment itself, plus a patio area adjacent and directly to the south/southeast of said establishment, subject to the following conditions: That this patio area is defined as accessible only from the South/Southeast entrance of Carbone's Pizzeria, said patio to be completed railed off from public access from the sidewalks, parking lot or shared patio space, receiving access only from the interior of the building. Design of patio subiect to review and approval by City Staff. The fencing for patio is to be 3 ¼ feet high and if determined that access is being obtained from the shared patio space, the railing will be modified according to City Staff direction. The deck shall be equipped with a door/gate device that prohibits entrance directly from the shared deck or sidewalk, but provides an emergency exit from the deck (such device to be approved by the Fire Inspector). 4. No signage or banners of any kind will be erected or placed on outside fencing. 5. The establishment will ensure that the behavior of the customers is not in violation of State Statutes and City Ordinances concerning liquor use and noise. 6. There shall be no outdoor music or entertainment of any kind, and no outdoor public address systems. 7. Litter control measures shall be taken for the patio area. 8. The City reserves the right to regulate hours of exterior operation so as to prevent public nuisance. 9. The City may amend these conditions if considered necessary to protect the bset interest and welfare of the community as a whole. 10.At the time of renewal for 2006/2007, the applicant shall provide documentation for Council review which confirms that more than 50% of the dollar volume of sales comes from the sale of food, as specified in City Code. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 *NOTE: Replaces proposed resolution in packet- only change is undelined portion under 1. CITY OF MOUND RESOLUTION NO. 05- RESOLUTION DEFINING THE PREMISES FOR THE ON-SALE AND SUNDAY LIQUOR LICENSES ISSUED TO JDP, INC. (DOING BUSINESS AS DAILEY'S PUB) WHEREAS, City Code states that the City Council may impose additional conditions which the City Council considers necessary to protect the best interest and welfare of the community as a whole; and WHEREAS, concerns have been expressed regarding the control of liquor on the outside deck used by Dailey's Pub; NOW, THEREFORE BE IT RESOLVED that the premises for the On-sale and Sunday liquor licenses issued to JDP, Inc., (doing business as Dailey's Pub) be defined as the current establishment itself, plus a deck area adjacent and directly to the south of said establishment, subject to the following conditions: That this patio area is defined as accessible only from the South entrance of Dailey's Pub, said patio to be completed railed off from public access from the sidewalks, parking lot or shared patio space, receiving access only from the interior of the building. Design of patio subiect to review and approval by City Staff. The fencing for patio is to be 3 ~ feet high and if determined that access is being obtained from the shared patio space, the railing will be modified according to City Staff direction. The deck shall be equipped with a door/gate device that prohibits entrance directly from the shared deck or sidewalk, but provides an emergency exit from the deck (such device to be approved by the Fire Inspector). 4. No signage or banners of any kind will be erected or placed on outside fencing. 5. The establishment will ensure that the behavior of the customers is not in violation of State Statutes and City Ordinances concerning liquor use and noise. 6. There shall be no outdoor music or entertainment of any kind, and no outdoor public address systems. 7. Litter control measures shall be taken for the patio area. 8. The City reserves the right to regulate hours of exterior operation so as to prevent public nuisance. g. The City may amend these conditions if considered necessary to protect the bset interest and welfare of the community as a whole. 10.At the time of renewal for 2006/2007, the applicant shall provide documentation for Council review which confirms that more than 50% of the dollar volume of sales comes from the sale of food, as specified in City Code. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director June 14, 2005 Dock Parcel Subdivision -3061 Westedge Boulevard (Sarenpa) Background. As the Council may recall, an amendment was approved for the Dock Parcel Ordinance at a recent meeting to allow the Council to extend the 90-day timeline for recording of the dock parcel ordinance. The City Council approved the dock parcel subdivision request from Martin Sarenpa for the property located at 3061 Westedge Boulevard on March 22, 2005. Therefore, the gO-day timeline expires on or around June 20th. It is Staffs underst~ndinn applicant's attorney is currently working on the development agreemen~-~;~;v';'~ ..... additional time is needed beyond the 6/20 deadline to allow for review of the documents by the City Attomey and recording at Hennepin County. Recommendation. Staff recommends that the timeline for recording of the dock parcel as approved in City Resolution No. 05-49 be extended an additional 60-days. A draft resolution has been prepared. ADD-ON ITEM CITY OF MOUND RESOLUTION # 05. RESOLUTION TO AMEND RESOLUTION NO. 05-49 TO EXTEND TIMELINE FOR RECORDING OF SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3061 WESTEDGE BOULEVARD FOR 60 DAYS PID No. 23.117-24-33-0012 WHEREAS, the City of Mound adopted Resolution No. 05~49 on March 22, 2005 which approved a dock parcel subdivision request submitted by Martin Sarenpa for the property located at 3061 Westedge Boulevard subject to conditions; and WHEREAS, City Code Chapter 330.10, Subd. D (6) states that the City must be provided with evidence that the Dock Parcel and Residential Parcel have been tax combined within 90 days unless the timeline for compliance has been extended by the Council; and WHEREAS, the deadline for providing evidence of recording for the dock parcel request of the property located at 3061 Westedge Boulevard is on or around June 20, 2005; and WHEREAS, Staff has been notified by the applicant and/or applicant's representative that the development agreement and appropriate documentation is in the process of being prepared, however, additional time is needed so as to allow for formal review by the City Attorney prior to the recording of the documents at Hennepin County; and WHEREAS, Staff recommends Council approval of the 60-day extension. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: The City does hereby approve a 60-day extension for providing evidence of recording of the Subdivision Exemption of the property located at 3061 Westedge Boulevard subject to the following condition(s): A. The applicant shall be responsible for payment of all involved fees associated with the current request. Adopted June 14, 2005 Pat Meisel, Mayor Attest: Bonnie Ritter, City Clerk CERTIFICATE City of Mound STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN) I, the undersigned, being duly qualified and the City Clerk of the City of Mound, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached and forgoing extract was transcribed. 2. I have carefully compared said extract with said original record. 3. I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City held on the date indicted in said extract, including any resolution adopted at such meeting, insofar as they relate to: RESOLUTION NO. 05-49 RESOLUTION TO APPROVE SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED'WITH PROPERTY LOCATED AT 3061 WESTEDGE BOULEVARD. PID #23-117-24-33-0012 Said meeting was duly held, pursuant to call and notice thereof as required by law on the 22nd day of March, 2005. WITNESS my hand officially as such Clerk, and the seal of said City, this 28th day of March, 2005. Bonnie Ritter, City Clerk CITY OF MOUND ORDINANCE NO... -2005 AN ORDINANCE AMENDING SUBSECTION 330.10 OF THE CITY CODE AS IT RELATES TO DOCK PARCEL SUBDIVISIONS The City of Mound does ordain: Subsection 330.10, Subd. D (6) of the Dock Parcel Subdivision, is hereby amended to read as follows: 6. Unless the time for compliance is extended by the Council, :i: the approval of the Dock Lot Subdivision will be automatically cancelled and rescinded if the applicant has not furnished the City with evidence that the Dock Parcel and the Residential Parcel have been tax combined within 90 days following approval of the Dock Lot Subdivision. Passed by the City Council this __ day of ,2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Published in The Laker the Effective the ~ day of day of ,2005 ,2005. **This item requested as an addition to the agenda** CITY OF MOUND RESOLUTION NO. 05- RESOLUTION RECOGNIZING AND THANKING INDIVIDUALS AND DEPARTMENTS FOR AID GIVEN DURING RECENT FELON SEARCH WHREAS, during the early morning hours of June 2, 2005, the City of Mound experienced three home invasion burglaries where three people were wakened from their sleep and physically assaulted by an adult male, and WHEREAS, these home invasions were serious and created great fear and anxiety for Mound residents, and WHEREAS, a six-hour man hunt ensued in the neighborhoods in and around Langdon Lake involving police officers, Police K-9's, a State Patrol helicopter and a Hennepin County Water Patrol Unit, and WHEREAS, the suspect was successfully taken into custody without further incident and charged with three counts of First Degree Burglary, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Mound would like to officially recognize and thank the dedicated police officers, deputies and troops from the Minnetrista, Orono, Minnetonka, New Hope, Medina, Brooklyn Park, South Lake Minnetonka, and Mound Police Departments, West Hennepin Public Safety Department, Minnesota State Patrol, and the Hennepin County Sheriff's Office for their efforts in apprehending a very dangerous felon, AND BE IT FURTHER RESOLVED that the City Council would like to officially thank the City, County and State Government Agencies for allowing their personnel to assist the Mound Police Department. Adopted by the City Council this 14th day of June, 2005. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel