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2007-07-24
G PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. Px VT L' 111 L Px /� *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page 1. Call meeting to order 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent Agenda *A. Approve meeting minutes: July 10, 2007 regular meeting *B. Approve payment of claims *C. Action on Resolution to Approve a Public Lands Permit for Village by the Bay — 2100 Old School Road *D. Approve Garbage & Refuse Collection License for Blackowiak *E. Approve Applications for Lawful Gambling from the Gillespie Center, Our Lady of the Lake, and Mount Olive Church *F. Approve Payment Request No. 4 from Graham Penn -Co in the amount of $688,606.19 for the Mound Transit Center *G. Action on Resolution Accepting Bid for Sinclair (133) and Baywood Shores (0) Lift Station Improvements *H. Action on Resolution Re- defining the Premises and Conditions for the Club and Sunday Liquor Licenses issued to American Legion post 398 4564 -4565 4566 -4588 4589 -4597 4598 -4602 4603 -4608 4609 -4613 4614 -4617 4618 -4621 *I. Action on Resolution Approving a Variance for Lakeside Deck 4622 -4656 Replacement for the Property Located at 4932 Glen Elyn *J. Action on Resolution Approving Hennepin County Justice 4657 -4670 Integration Subscriber Agreement *K. Action on Resolution Approving Contributions 4671 PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 5. Public Hearin • A. PC Case No. 07 -12 — Cancelled and will be rescheduled to future date. 4672 CUP amendment — trail modification in Village by the Bay B. PC Case No. 07 -13 CUP amendment — building remodel /addition at Rite Away Oil 4673 -4694 5293 Shoreline Drive Applicant: Tony Hentges 6. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minute per speaker) 7. PC Case No. 07 -02 4695 -4752 Variance for house setback (after the fact) 5017 Avon Drive Applicant: George Linkert 8. Action receiving Feasibility Report and authorizing preparation of final Insert plans and specifications for the 2007 Strom Drainage Improvements 9. Sherry Butcher on the Public Leadership Academy for Elected Officials 4753 -4756 •10. Steve Johnson, Mound LMCD Rep, on 2008 LMCD Budget 4757 -4763 11. Consideration/action on petition from residents regarding no parking 4764 -4774 signs on Shorewood Lane 12. Update on meeting with Minnetrista City Council on Public Works Facility sites 13. Miscellaneous /Correspondence A. Comments /reports from Council Members B. Reports: Harbor Wine & Spirits — June 2007 4775 The Gillespie Gazette 4776 LMCC Schedule 4777 -4779 C. Minutes: POSDAC minutes of July 12, 2007 4780 -4782 D. Correspondence: Letter from resident regarding Swenson Park area 4783 Comprehensive Plan press release and meeting 4784 -4785 announcement — July 30, 2007, 7:00 p.m. Three Rivers Park District 4786 14. Adj ourn Whis is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas maybe viewed at City Hall or at the City of Mound web site: www.cityofmound.com. MOUND CITY COUNCIL MINUTES • July 10, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 10, 2007 at 7:30 p.m. Members present: Mayor Mark Hanus; Councilmembers Mike Specht, John Beise, and Greg Skinner Members absent: Councilmember David Osmek Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Amanda Schwarze, Doug Kaiser, Ken Perbix, Jane Skinner, Connie Szarka, Bruce & June Larson, Scott Lindberg, Stan Mierzesewski, Marion Poteete Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:30 p.m. • 2. Pledge of Allegiance • 3. Approve agenda MOTION by Specht, seconded by Beise to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Beise, seconded by Specht to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of June 26, 2007 regular meeting B. Approve payment of claims in the amount of $355,064.28. C. Approve Payment Request No. 9 from Magney Construction in the amount of $35,125.20 for the Well #3 Pump House Project D. Approve Payment Request No. 2 from GMH Asphalt in the amount of $183,454.26 for the 2007 Street Project E. Approve Payment Request No. 8 from Hardrives, inc. in the amount of $165,041.41 for the 2006 Street Project F. Approve temporary sign permit for Our Lady of the Lake 2007 Incredible Festival -4564- Mound City Council Minutes — July 10, 2007 5. Comments and suggestions from citizens present on any item not on the agenda. Ken Perbix, owner of property at 5575 Shoreline Drive, asked the Council for direction regarding a possible purchase agreement for his property. Hanus explained that the Council has not yet decided on a process and city staff will work with property owners on specifics. Kandis Hanson suggested that Perbix put his request in writing and submit it to Sarah Smith for staff review. 6. Consideration /action on petition from residents regarding no parking signs on Shorewood Lane Doug Kaiser, 1880 Shorewood Lane, presented a petition to the Council signed by residents requesting that the no parking signs on Shorewood Lane, from Resthaven to the lake, be put back where they were for the last 50 years. After the 2006 Street Project no parking signs were placed on the east side of the street, instead of the west side where they have been for the past 50 years. Hanus explained that this issue has not yet been reviewed by city staff, which is the usual way that this would be handled. MOTION by Hanus, seconded by Beise to remand this request to city staff for recommendation to the Council at their July 24, 2007, meeting for final decision on the signage issue on Shorewood Lane. All voted in favor. Motion carried. 7. Miscellaneous /Correspondence A. Comments /reports from Councilmembers: Hanus read an announcement for the 24th Annual National Night Out, to take place on August 7, 2007. Specht stated there are now over 50 units entered in the July 21, 2007 Spirit of the Lakes parade, and thanked the Festival Steering Committee. B. Reports: Bolton & Menk — Engineering Project Status 8. Adiourn MOTION by Specht, seconded by Hanus to adjourn the meeting at 7:50 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -4565- �1 I* I• • JULY 249 2007 CITY COUNCIL MEETING 071107SUE $3877268.70 JULY _] 071707SUE $57963.12 JULY � 071807SUE $920.01 JULY I [--- 072407SUE $2427754.22 JULY _] TOTAL $636,906.05 -4566- Batch Name 071107SUE Payment Computer Dollar Amt $387,268.70 Posted Refer 71107 City of Mound 07/18/07 10:37 AM --- -- Page 1 Cash Payment Payments CITY OF MOUND $183,454.26 Current Period: July 2007 Batch Name 071107SUE Payment Computer Dollar Amt $387,268.70 Posted Refer 71107 GMHASPHALT Ck# 025385 7/11/2007 Cash Payment E 401 -43107 -500 Capital Outlay FA THRU 06 -29 -07 2007 STREET $183,454.26 RECONSTRUCTION Invoice REQ #2 7/11/2007 Project PW0701 Transaction Date 7/3/2007 Due 0 Wells Fargo 10100 Total $183,454.26 Refer 71107 HARDRIVES, INCORPORATED Ck# 025386 7/11/2007 Cash Payment E 401 -43106 -500 Capital Outlay FA THRU 06 -26 -07 2006 STREET $165,041.41 IMPROVEMENTS Invoice REQ #8 7/11/2007 Project PW0706 Transaction Date 7/3/2007 Due 0 Wells Fargo 10100 Total $165,041.41 Refer 71107 MAGNEY CONSTRUCTION, INCOR Ck# 025387 7/11/2007 Cash Payment G 601 -16300 Improvements Other Than BI THRU 06 -30 -07 WELL #3 PUMPHOUSE $35,125.20 Invoice REQ #9 7/11/2007 Project PW0608 Transaction Date 7/5/2007 Due 0 Wells Fargo 10100 Total $35,125.20 Refer 71107 SPEEDWAY SUPERAMERICA (P/W Ck# 025388 7/11/2007 Cash Payment E 602 - 49450 -212 Motor Fuels THRU 06 -26-07 GASOLINE CHARGES $315.55 Invoice 071107 7/11/2007 Cash Payment E 601 -49400 -212 Motor Fuels THRU 06 -26 -07 GASOLINE CHARGES $877.80 Invoice 071107 7/11/2007 Cash Payment E 101 -43100 -212 Motor Fuels THRU 06 -26 -07 GASOLINE CHARGES $1,909.24 Invoice 071107 7/11/2007 Cash Payment E 101 -45200 -212 Motor Fuels THRU 06 -26 -07 GASOLINE CHARGES $45.24 Invoice 071107 7/11/2007 Transaction Date 7/11/2007 Due 0 Wells Fargo 10100 Total $3,147.83 Refer 71107 ERVIN, DEREK R. Ck# 025384 7/11/2007 Cash Payment G 101 -21715 Flex Plan Medical 2007 FLEX SPENDING ACCOUNT $500.00 Invoice 071107 7/11/2007 Transaction Date 7/11/2007 Due 0 Wells Fargo 10100 Total $500.00 -4567- *I •I r� I* • • CITY OF • r Fund Summary 101 401 601 602 City of Mound Payments 07/18/07 10:37 AM Page 2 Current Period: July 2007 BATCH Total $387,268.70 10100 Wells Fargo $2,454.48 $348,495.67 $36,003.00 $315.55 $387,268.70 Pre - Written Check $387,268.70 Checks to be Generated by the Compute $0.00 Total $387,268.70 _ City of Mound 07/1.7/07 2:12 PM Page 1 Payments CITY OF MOUND -4569- •I `r Current Period: July 2007 Batch Name 071707SUE User Dollar Amt $5,963.12 Payments Computer Dollar Amt $5,963.12 $0.00 In Balance Refer 71707 LORETTO AUTO RECONDITION Cash Payment E 101 -43100 -500 Capital Outlay FA #207 EXTERIOR SURFACES $5,037.50 Invoice 071707 7/17/2007 Transaction Date 7/12/2007 Wells Fargo 10100 Total $5,037.50 Refer 71707 MOUND POST OFFICE Cash Payment E 601 -49400 -322 Postage 07 -07 UTILITY BILLING $138.01 Invoice 071407 7/17/2007 Cash Payment E 602 - 49450 -322 Postage 07 -07 UTILITY BILLING $138.01 Invoice 071407 7/17/2007 Transaction Date 7/17/2007 Wells Fargo 10100 Total $276.02 Refer 71707 SOUTHERN POLICE INSTITUTE Cash Payment E 101 -42110 -434 Conference & Training 07 -23 -07 TRAINING, MCKINLEY $275.00 Invoice 071707 7/17/2007 PO 20159 Transaction Date 7/12/2007 Wells Fargo 10100 Total $275.00 Refer 71707 T- MOBILE CELL PHONE Cash Payment E 281 -45210 -321 Telephone & Cells 06 -03 -07 THRU 07 -02 -07 CELL PHONE $45.13 Invoice 071707 7/17/2007 Transaction Date 7/17/2007 Wells Fargo 10100 Total $45.13 Refer 71707 VERIZON WIRELESS (P/VV) Cash Payment E 101 -45200 -321 Telephone & Cells 08 -07 CELL PHONES $216.77 Invoice 1730494087 7/17/2007 Cash Payment G 101 -22816 Personal Cell Phone 08-07 CELL PHONES $5.79 Invoice 1730494087 7/17/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $222.56 Refer 71707 XCEL ENERGY Cash Payment E 101 -43100 -381 Electric Utilities 06 -07 #51- 6002836 -0 $106.91 Invoice 180829782 7/17/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $106.91 -4569- •I `r City of Mound 07/17/07 2:12 PM Page 2 Payments CITY OF MOUND $5,963.12 Pre - Written Check $0.00 Checks to be Generated by the Compute $5,963.12 Total $5,963.12 lie -4570- Current Period: July 2007 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $5,641.97 281 COMMONS DOCKS FUND $45.13 601 WATER FUND $138.01 602 SEWER FUND $138.01 $5,963.12 Pre - Written Check $0.00 Checks to be Generated by the Compute $5,963.12 Total $5,963.12 lie -4570- City of Mound 07/19/079:24 AM Page 1 Payments Rogow 1 • CITY OF MOUND Current Period: July 2007 Batch Name 071807SUE Payment Computer Dollar Amt $920.01 Posted Refer 71807 CASH, PETTY CASH Ck# 025395 7/18/2007 Cash Payment G 101 -22801 Deposits /Escrow FESTIVAL CHANGE FUND $600.00 Invoice 071807 7/18/2007 Transaction Date 7/18/2007 Due 0 Wells Fargo 10100 Total $600.00 Refer 71807 FACKLER, JAMES Ck# 025396 7/18/2007 Cash Payment G 101 -21715 Flex Plan Medical 2007 FLEX SPENDING ACCOUNT $320.01 Invoice 071807 7/18/2007 Transaction Date 7/18/2007 Due 0 Wells Fargo 10100 Total $320.01 Fund Summary BATCH Total $920.01 M11 10100 Wells Fargo $920.01 $920.01 Pre -Written Check $920.01 Checks to be Generated by the Compute $0.00 Total $920.01 -4571- •I • �e CITY OF MOUND City of Mound Payments Current Period: July 2007 Batch Name 072407SUE User Dollar Amt $242,754.22 Payments Computer Dollar Amt $242,754.22 $0.00 In Balance Refer 72407 A -1 RENTAL OF LAKE MINNETONK _ Cash Payment E 602- 49450 -440 Other Contractual Servic SEWER SNAKE Invoice 43179 7/24/2007 7/10/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Refer 72407 ALERT -ALL CORPORATION _ AMUNDSON, M. LLP Cash Payment E 222 -42260 -217 Fire Prevention Supplies CHILDREN HANDOUTS Invoice 7050606 7/24/2007 PO 20409 E 609 -49750 -256 Tobacco Products For R Transaction Date 7/18/2007 Wells Fargo 10100 Refer 72407 ALLIED WASTE SERVICES #894 7/24/2007 Cash Payment E 222 -42260 -384 Refuse /Garbage Dispos 07 -07 WASTE SERVICE Invoice 072407 -A 7/24/2007 E 609- 49750 -254 Soft Drinks /Mix For Resa MIX Cash Payment E 101- 42110 -384 Refuse /Garbage Dispos 07 -07 WASTE SERVICE Invoice 072407 -B 7/24/2007 ICE 07/19/07.9:48 -AM Page 1 $39.55 Total $39.55 $759.00 Total $759.00 $102.16 $102.16 Transaction Date 7/10/2007 Wells Fargo 10100 Total $204.32 Refer 72407 AMUNDSON, M. LLP Refer 72407 ARCTIC GLACIER PREMIUM ICE _ Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $367.58 is Invoice 18264 -A 7/24/2007 Invoice 395716009 7/24/2007 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $19.20 Invoice 18264 -B 7/24/2007 ICE Invoice 438718814 7/24/2007 Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $757.03 Invoice 17839 7/24/2007 Wells Fargo Refer 72407 ARSON INVESTIGATORS MINNES _ Transaction Date 7/10/2007 Wells Fargo 10100 Total $1,143.81 Refer 72407 ANCOM TECHNICAL CENTER Cash Payment E 222 - 42260 -325 Pagers -Fire Dept. PAGER REPAIRS Invoice 74203 7/24/2007 Transaction Date 7/18/2007 Wells Fargo Refer 72407 ARCTIC GLACIER PREMIUM ICE _ Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE Invoice 438719502 7/24/2007 Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE Invoice 395716009 7/24/2007 Cash Payment E 609- 49750 -255 Misc Merchandise For R ICE Invoice 438718704 7/24/2007 Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE Invoice 438718814 7/24/2007 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE Invoice 438719012 7/24/2007 Transaction Date 7/9/2007 Wells Fargo Refer 72407 ARSON INVESTIGATORS MINNES _ $190.00 10100 Total $190.00 $87.46 $234.06 $50.44 $247.96 $44.23 10100 Total $664.15 Cash Payment E 222 - 42260 -433 Dues and Subscriptions 2007 MEMBERSHIP DUES, MYERS, TONY �nvoice 072407 7/24/2007 Transaction Date 7/10/2007 Wells Fargo Refer 72407 ASPEN EMBROIDERY AND DESIG -4572- $25.00 10100 Total $25.00 City of Mound 07/19/07 9:1.8 AM Payments Page 2 CITY OF MOUND Current Period: July 2007 Cash Payment E 101- 42400 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE, NORLANDER $63.85 Invoice 072407 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE Cash Payment E 101 - 41500 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE, PAUSCHE $19.20 Invoice 072407 7/24/2007 $311.42 Invoice 43208000 -A 7/24/2007 Cash Payment E 101 -42400 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE, SMITH $85.05 Invoice 072407 7/24/2007 Cash Payment E 101 - 41500 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE, ROBERTS $59.00 Invoice 072407 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Cash Payment E 101 -41500 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE, NELSON $47.05 Invoice 072407 7/24/2007 $12,415.67 Refer 72407 BERGERSON - CASWELL, INCORP Cash Payment E 101 -41500 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE, BUSINARO $26.95 Invoice 072407 7/24/2007 Project PW0608 Cash Payment E 101 -41310 -218 Clothing and Uniforms 2007 CLOTHING ALLOWANCE, RITTER $40.22 Invoice 072407 7/24/2007 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 07 -07 CENTERVIEW BEACH Transaction Date 7116/2007 Wells Fargo 10100 Total $341.32 Refer 72407 BELLBOY CORPORATION Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,151.65 Invoice 41383200 -A 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,208.00 Invoice 41383200 -B 7/24/2007 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $311.42 Invoice 43208000 -A 7/24/2007 Cash Payment E 609 -49750 -210 Operating Supplies SUPPLIES $113.10 Invoice 43208000 -B 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,373.80 Invoice 41443000 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $6,257.70 Invoice 41337400 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $12,415.67 Refer 72407 BERGERSON - CASWELL, INCORP Cash Payment G 601 -16300 Improvements Other Than BI 06 -15 -07 LAWN SPRINKLER INSTALLATION $3,305.00 Invoice 4162 7/24/2007 Project PW0608 Transaction Date 7/16/2007 Wells Fargo 10100 Total $3,305.00 Refer 72407 BIFFS, INC PORTABLE RESTROO Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 07 -07 CENTERVIEW BEACH $250.21 Invoice W327484 7/24/2007 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 07 -07 MOUND BAY PARK $467.82 Invoice W327485 7/24/2007 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 07 -07 SKATE PARK $247.91 Invoice W327486 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $965.94 Refer 72407 BOND TRUST SERVICES CORPOR Cash Payment E 333 -47000 -620 Fiscal Agent's Fees GEN OBLIG EQUIP CERT SERIES 2007C $450.00 Invoice 3130 7/24/2007 Cash Payment E 361 -47000 -620 Fiscal Agent's Fees GEN OBLIG IMPRO BONDS SERIES 2007A $450.00 Invoice 3131 7/24/2007 -4573- 0 � • • �• City of Mound 07/19/07 9:18 AM Page 3 Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 601- 49400 -620 Fiscal Agent's Fees GEN OBLIG UTILITY REV BONDS SERIES $157.50 2007B Invoice 3132 -A 7124/2007 Cash Payment E 602 -49450 -620 Fiscal Agent's Fees GEN OBLIG UTILITY REV BONDS SERIES $216.00 2007B Invoice 3132 -B 7/24/2007 Cash Payment E 675 -49425 -620 Fiscal Agent's Fees GEN OBLIG UTILIITY REV BONDS SERIES $76.50 2007B Invoice 2132 -C 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $1,350.00 Refer 72407 BORDER STATES ELECTRIC SUP _ Cash Payment E 101 - 41910 -220 Repair /Maint Supply FLOURESCENT BULBS $151.44 Invoice 96690880 7/24/2007 Transaction Date 7/17/2007 Wells Fargo 10100 Total $151.44 Refer 72407 BUREAU OF CRIMINAL APPREHE _ Cash Payment E 101 - 42110 -400 Repairs & Maintenance 2ND QTR CJDN SERVICE $630.00 Invoice P07- MN0271300 7/24/2007 Transaction Date 7117/2007 Wells Fargo 10100 Total $630.00 Refer 72407 CARQUEST OF NAVARRE (PIW) Cash Payment E 601- 49400 -404 Machinery /Equip Repairs BLOWER MOTOR RESISTOR $39.22 •Invoice 6974 -41797 7/24/2007 $1.93 Cash Payment E 101 - 43100 -230 Shop Materials TIRE VALVE Invoice 6974- 42298 -A 7/24/2007 Cash Payment E 601 -49400 -230 Shop Materials TIRE VALVE $1.93 Invoice 6974 - 42298 -B 7/24/2007 Cash Payment E 602 -49450 -230 Shop Materials TIRE VALVE $1.94 Invoice 6974 - 42298 -C 7/24/2007 Cash Payment E 101 -43100 -404 Machinery/Equip Repairs OIL FILTERS $54.00 Invoice 6974 - 42017 -A 7/24/2007 PO 20249 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs OIL FILTERS $54.00 Invoice 6974 - 42017 -B 7/24/2007 PO 20249 Cash Payment E 602- 49450 -404 Machinery/Equip Repairs OIL FILTERS $54.00 Invoice 6974 - 42017 -C 7/24/2007 PO 20249 Cash Payment E 601 -49400 -221 Equipment Parts SEALANT $12.76 Invoice 6974 -42677 7/24/2007 Cash Payment E 101 -43100 -221 Equipment Parts AIR FILTER $45.81 Invoice 6974 -42150 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $265.59 Refer 72407 CHADWICK, MERTZ, BLEDSAW AN Cash Payment E 101 -41600 -304 Legal Fees 06 -07 PROSECUTION SERVICES $6,776.75 Invoice 072407 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $6,776.75 Refer 72407 CLARK PRODUCTS, INCORPORAT Cash Payment E 101 - 41110 -431 Meeting Expense PLASTIC SPOONS $22.82 Invoice V592731 7/24/2007 PO 19517 •Transaction Date 7/16/2007 Wells Fargo 10100 Total $22.82 Refer .72407 COCA COLA BOTTLING - MIDWEST _ -4574- City of Mound 07/19/079 :18 AM Page 4 Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $594.80 Invoice 0188058718 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $594.80 Refer 72407 CONCRETE CUTTING AND CORIN Gash Payment E 602 -49450 -221 Equipment Parts HEDGE TRIMMER Invoice 63170 7/24/2007 BEER Transaction Date 7/16/2007 Wells Fargo 10100 Refer 72407 COPY IMAGES, INCORPORATED E 401 -46590 -300 Professional Srvs Cash Payment E 601- 49400 -440 Other Contractual Servic 07 -07 COPIER MAINTENANCE Invoice 86076 -A 7/24/2007 Invoice 417578 -B 7/24/2007 Cash Payment E 602 - 49450 -440 Other Contractual Servic 07 -07 COPIER MAINTENANCE Invoice 86076 -B 7/24/2007 Transaction Date 7/13/2007 Cash Payment E 281 - 45210 -440 Other Contractual Servic 07 -07 COPIER MAINTENANCE Invoice 86076 -C 7/24/2007 Cash Payment E 101 - 41910 -440 Other Contractual Servic 06 -07 COPIER MAINTENANCE Invoice 86075 7/24/2007 $235.86 Total $235.86 $11.00 $11.00 $5.50 $396.00 Transaction Date 7/16/2007 Wells Fargo 10100 Total $423.50 Refer 72407 DAY DISTRIBUTING COMPANY uasn rayment t 6U9 -49750 -251 Liquor For Resale LIQUOR Invoice 417439 -A 7/24/2007 E 475 -46387 -300 Professional Srvs Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 417439 -B 7/24/2007 E 475 -46387 -300 Professional Srvs Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 417440 7/24/2007 E 401 -46590 -300 Professional Srvs Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 417578 -A 7/24/2007 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX Invoice 417578 -B 7/24/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 417899 7/24/2007 Transaction Date 7/13/2007 Wells Fargo 10100 Total Refer 72407 EVERGREEN LAND SERVICES Cash Payment E 401 -46590 -300 Professional Srvs 06 -01 -07 THRU 06 -15 -07 PARKS AND P/W FACILITY Invoice 00 -8118 7/24/2007 Cash Payment E 475 -46387 -300 Professional Srvs Invoice 00 -8120 7/24/2007 Cash Payment E 475 -46387 -300 Professional Srvs Invoice 00 -8119 7/24/2007 Cash Payment E 401 -46590 -300 Professional Srvs Invoice 00 -8145 7/24/2007 Project 08900 06 -01 -07 THRU 06 -15 -07 AUDITORS RAMP #2 Project PW0710 06 -01 -07 THRU 06 -15 -07 AUDITORS ROAD TIF Project PW0710 06 -16 -07 THRU 06 -30 -07 Project 08900 Transaction Date 7/10/2007 Wells Fargo 10100 Total $1,109.00 Refer 72407 EXTREME BEVERAGE $412.80 $2,290.85 $23.95 $360.00 $98.50 $120.40 $3,306.50 $799.00 $80.00 $80.00 $150.00 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 574354 7/24/2007 Transaction Date 7/16/2007 Wells Fargo Refer 72407 FIRE DEPT ASSOC OF MINNESOT -4575- $87.00 10100 Total $87.00 401 • � 0 City of Mound Payments CITY OF MOUND Current Period: July 2007 07/19/07 9:18 AM Page 5 Cash Payment E 222 - 42260 -433 Dues and Subscriptions 07 -01 -07 THRU 12 -31 -07 MEMBERSHIP DUES $165.00 Invoice 072407 712412007 Transaction Date 7/16/2007 Transaction Date 7/18/2007 Wells Fargo 10100 Total $165.00 Refer 72407 G & K SERVICES _ Invoice 6163746 7/24/2007 Cash Payment E 101 - 45200 -218 Clothing and Uniforms 07 -10 -07 UNIFORMS $15.18 Invoice 6377498 -A 7/24/2007 Cash Payment E 101 - 45200 -210 Operating Supplies 07 -10 -07 MATS $118.66 Invoice 6377498 -B 7/24/2007 Cash Payment E 101 - 41910 -460 Janitorial Services 07 -17 -07 MATS $117.14 Invoice 6384013 7/24/2007 Cash Payment E 101 - 43100 -218 Clothing and Uniforms 07 -03 -07 UNIFORMS $70.43 Invoice 6371124 7/24/2007 Cash Payment E 601 - 49400 -218 Clothing and Uniforms 07 -03 -07 UNIFORMS $39.98 Invoice 6371124 7/24/2007 Cash Payment E 602 -49450 -218 Clothing and Uniforms 07 -03 -07 UNIFORMS $42.39 Invoice 6371124 7/24/2007 Cash Payment E 101 -43100 -230 Shop Materials 07 -03 -07 MATS $42.12 Invoice 6371124 7/24/2007 Cash Payment E 601- 49400 -230 Shop Materials 07 -03 -07 MATS $42.12 Invoice 6371124 7/24/2007 Cash Payment E 602 - 49450 -230 Shop Materials 07 -03 -07 MATS $42.13 • Invoice 6371124 7/24/2007 Cash Payment E 101 -43100 -218 Clothing and Uniforms 06 -26 -07 UNIFORMS $64.06 Invoice 6364603 7/24/2007 Cash Payment E 601- 49400 -218 Clothing and Uniforms 06 -26 -07 UNIFORMS $36.32 Invoice 6364603 7/24/2007 Cash Payment E 602 - 49450 -218 Clothing and Uniforms 06 -26 -07 UNIFORMS $38.54 Invoice 6364603 7/24/2007 Cash Payment E 101 - 43100 -230 Shop Materials 06 -26 -07 MATS $37.20 Invoice 6364603 7/24/2007 Cash Payment E 601 -49400 -230 Shop Materials 06 -26 -07 MATS $37.20 Invoice 6364603 7/24/2007 Cash Payment E 602 -49450 -230 Shop Materials 06 -26 -07 MATS $37.19 Invoice 6364603 7/24/2007 Cash Payment E 101 - 45200 -218 Clothing and Uniforms 06 -26 -07 UNIFORMS $13.74 Invoice 6364605 -A 7/24/2007 Cash Payment E 101- 45200 -210 Operating Supplies 06 -26 -07 MATS $115.65 Invoice 6364605 -B 7/24/2007 Cash Payment E 222 - 42260 -460 Janitorial Services 07 -17 -07 MATS $113.80 Invoice 6384014 7/24/2007 Transaction Date 7/12/2007 Wells Fargo 10100 Total $1,023.85 Refer 72407 GARY'S DIESEL SERVICE _ Cash Payment E 101 -43100 -221 Equipment Parts Invoice 1641 7/24/2007 Transaction Date 7/16/2007 Refer 72407 GLENWOOD INGLEWOOD _ Cash Payment E 101 - 42110 -430 Miscellaneous Invoice 6163746 7/24/2007 LIGHT SIGNAL Wells Fargo 10100 06 -07 HOT AND COLD FILTER -4576- $193.54 Total $193.54 $60.55 Refer 72407 GRAND PERE WINES, INCORPOR Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 19262 7/24/2007 Transaction Date 7/16/2007 Wells Fargo Refer 72407 GRAPE BEGINNINGS, INCORPOR Cash Payment E 609 -49750 -253 Wine For Resale WINE $576.00 10100 Total $576.00 Invoice 92356 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total Refer 72407 GREEN WITH ENVY LAWN CARE Cash Payment E 101 -43100 -440 Other Contractual Servic 06 -23 -07 SIDEWALK AREAS Invoice 10301 7/24/2007 Cash Payment E 101- 43100 -440 Other Contractual Servic 06 -21 -07 ASPEN LANE Invoice 10302 7/24/2007 $403.00 $403.00 $874.47 $143.64 Transaction Date 7/16/2007 Wells Fargo 10100 Total $1,018.11 Refer 72407 GRIGGS COOPER AND COMPANY Cash Payment City of Mound 07/19/07 9:18 AM LIQUOR Page 6 Invoice 616633 Payments CITY OF MOUND Cash Payment Current Period: July 2007 Transaction Date 7/10/2007 Wells Fargo 10100 Total $60.55 Refer 72407 GRAND PERE WINES, INCORPOR Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 19262 7/24/2007 Transaction Date 7/16/2007 Wells Fargo Refer 72407 GRAPE BEGINNINGS, INCORPOR Cash Payment E 609 -49750 -253 Wine For Resale WINE $576.00 10100 Total $576.00 Invoice 92356 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total Refer 72407 GREEN WITH ENVY LAWN CARE Cash Payment E 101 -43100 -440 Other Contractual Servic 06 -23 -07 SIDEWALK AREAS Invoice 10301 7/24/2007 Cash Payment E 101- 43100 -440 Other Contractual Servic 06 -21 -07 ASPEN LANE Invoice 10302 7/24/2007 $403.00 $403.00 $874.47 $143.64 Transaction Date 7/16/2007 Wells Fargo 10100 Total $1,018.11 Refer 72407 GRIGGS COOPER AND COMPANY Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,434.91 Invoice 616633 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,582.47 Invoice 622041 7/24/2007 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $185.92 Invoice 622040 7/24/2007 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $5,415.33 Invoice 622039 7/24/2007 Cash Payment E 609 - 49750 -253 Wine For Resale CREDIT - -WINE - $168.00 Invoice 726851 7/24/2007 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $28.95 Invoice 619364 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $669.77 Invoice 619363 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,012.15 Invoice 619262 -A 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $112.85 Invoice 619362 -B 7/24/2007 Transaction Date 7/1012007 Wells Fargo 10100 Total $12,274.35 Refer 72407 HAWKINS, INCORPORATED Cash Payment E 601- 49400 -227 Chemicals CHLORINE CYLINDER $15.00 Invoice 1085862 -RI 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $15.00 Refer 72407 HD SUPPLY WATERWORKS, LTD Cash Payment E 602 -49450 -220 Repair /Maint Supply FIP BV FUL PORT $34.41 Invoice 5518307 7/24/2007 Cash Payment E 601 -49400 -220 Repair /Maint Supply MXU DUAL PORT, CURB BOX, ETC $3,572.56 Invoice 5586543 7/24/2007 PO 20127 Cash Payment E 401 -43107 -300 Professional Srvs REPAIR LID, FLRXFLR, ETC $1,160.04 Invoice 5504030 -A 7/24/2007 PO 20248 Project PW0701 -4577- • *I • City of Mound 07/19/07 9P ge 7 Payments / • �Illr 1. CITY OF MOUND Current Period: July 2007 Cash Payment E 601 -49400 -220 Repair /Maint Supply BELMONT BOOSTER STATION $4,319.90 Invoice 5504030 -B 7/24/2007 PO 20248 Cash Payment E 601 - 49400 -220 Repair /Maint Supply VXU MAGNET MOUNT ANTENNA $352.21 Invoice 5282454 7124/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $9,439.12 Refer 72407 HECKSEL MACHINE SHOP Cash Payment E 101 -43100 -404 Machinery/Equip Repairs #504 PIPE, FLATS $414.55 Invoice 76083 7/24/2007 Cash Payment E 101 -43100 -404 Machinery/Equip Repairs BOOM, TUBE FLAT, PIPE $81.13 Invoice 76088 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $495.68 Refer 72407 HENNEPIN COUNTY INFORMATIO Cash Payment E 101 -42110 -418 Other Rentals 07 -07 RADIO LEASE $1,796.89 Invoice 27068034 7/24/2007 Cash Payment E 222 - 42260 -418 Other Rentals 07 -07 RADIO LEASE $1,027,84 Invoice 27068033 7/24/2007 Transaction Date 7117/2007 Wells Fargo 10100 Total $2,824.73 Refer 72407 HENNEPIN COUNTY SHERIFF'S A Cash Payment E 101 - 41600 -450 Board of Prisoners 06 -07 PROCESSING FEE $144.39 1598 7/24/2007 •Invoice Transaction Date 7/17/2007 Wells Fargo 10100 Total $144.39 Refer 72407 IKON OFFICE MACHINES Cash Payment E 222 -42260 -202 Duplicating and copying 07 -27 -07 TO 10 -26 -07 MAINTENANCE $106.23 Invoice 73710153 7/24/2007 Transaction Date 7/18/2007 Wells Fargo 10100 Total $106.23 Refer 72407 ISLAND PARK SKELLY _ Cash Payment E 101 - 42400 -404 Machinery/Equip Repairs #842 SOLENOID SHIFT $809.15 Invoice 23870 7/24/2007 Cash Payment E 101 - 42400 -404 Machinery/Equip Repairs SPEED TRAILER BATTERIES $341.90 Invoice 23873 7/24/2007 Cash Payment E 101 - 42400 -404 Machinery/Equip Repairs #844 R &R DISC ROTOR, ALIGNMENT $158.45 Invoice 23953 7/24/2007 Cash Payment E 101 - 42400 -404 Machinery/Equip Repairs #845 OIL CHANGE $54.28 Invoice 24019 7/24/2007 Cash Payment E 101 - 42400 -404 Machinery/Equip Repairs #840 OIL CHANGE $30.01 Invoice 23989 7/24/2007 Cash Payment E 101 - 42400 -404 Machinery/Equip Repairs #846 OIL CHANGE $31.45 Invoice 24014 7/24/2007 Cash Payment E 101 - 42400 -404 Machinery/Equip Repairs #847 SEAT BELT LATCH $150.50 Invoice 24012 7/24/2007 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs FLUSH AUTO TRANSMISSION $92.95 Invoice 23914 7/24/2007 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs FLUSH AUTO TRANSMISSION $152.95 23911 7/24/2007 ,Invoice Cash Payment E 601- 49400 -404 Machinery/Equip Repairs FLUSH AUTO TRANSMSSION $92.95 Invoice 23917 7/24/2007 Cash Payment E 101 -43100 -404 Machinery/Equip Repairs FLUSH AUTO TRANSMISSION $152.95 Invoice 23908 7/24/2007 -4578- City of Mound 07/19/07 9:18 AM Page 8 Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 101 -45200 -404 Machinery/Equip Repairs BATTERY $151.42 Invoice 23870 7124/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $2,218.96 Refer 72407 JANI -KING OF MINNESOTA, 1NCOR Cash Payment E 101 -42110 -460 Janitorial Services 07 -07 CLEANING SERVICE $736.98 Invoice MIN07070714 7/24/2007 Transaction Date 7/17/2007 Wells Fargo 10100 Total $736.98 Refer 72407 JOHNSON BROTHERS LIQUOR Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $32.99 Invoice 1287214 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,245.89 Invoice 1287213 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $921.95 Invoice 1268715 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,455.00 Invoice 1286714 7/24/2007 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $3,426.78 Invoice 1286716 7/24/2007 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $98.75 Invoice 1286717 7/24/2007 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $2,430.65 Invoice 1283734 7/24/2007 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $61.44 Invoice 1283735 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $855.00 Invoice 1283736 7124/2007 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $13.79 Invoice 347805 7/24/2007 Cash Payment E 609- 49750 -251 Liquor For Resale CREDIT— LIQUOR $37.84 Invoice 347515 7/24/2007 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT — LIQUOR - $19.$4 Invoice 347514 7/24/2007 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT — LIQUOR -$9.92 Invoice 347513 7/24/2007 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $10.00 Invoice 347512 7/24/2007 Transaction Date 7/10/2007 Wells Fargo 10100 Total $11,512.74 Refer 72407 JOHNSON, M. W. CONSTRUCTION Cash Payment G 101 -23007 Erosion Control Escrow 6115 LANGDON TRAIL #2006 -00256 $750.00 Invoice 072407 7/24/2007 Transaction Date 7/13/2007 Wells Fargo 10100 Total $750.00 Refer 72407 JUBILEE FOODS Cash Payment E 609 -49750 -255 Misc Merchandise For R LEMONS AND LIMES $22.00 Invoice 071407 7/24/2007 Cash Payment G 101 -22801 Deposits /Escrow FESTIVAL SUPPLIES $4.98 Invoice 071407 7/24/2007 Transaction Date 7116/2007 Wells Fargo 10100 Total $26.98 Refer 72407 LAKER NEWSPAPER -4579- • 401 • � 0 _ City of Mound 07/19/07 9:18 AM Page 9 Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 609 -49750 -340 Advertising 06 -30 -07 4TH OF JULY AD $55.00 Invoice 747469 7/24/2007 Invoice 11268 7/24/2007 Transaction Date 7/17/2007 Wells Fargo 10100 Total $55.00 Refer 72407 LARSON PRINTING AND GRAPHIC _ Invoice 11268 7124/2007 Cash Payment E 222 -42260 -350 Printing LETTERHEAD AND ENVELOPES $635.92 Invoice 16495 7/24/2007 Invoice 11268 7/24/2007 Transaction Date 7/18/2007 Wells Fargo 10100 Total $635.92 Refer 72407 LEAGUE MN CITIES INSURANCE T Invoice 11268 7/2412007 Cash Payment E 101 -41110 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 Cash Payment E 101 -41310 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 Cash Payment E 101 -41500 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 Cash Payment E 101 -42110 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7124/2007 Cash Payment E 101 -42400 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 Cash Payment E 101 - 43100 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 •Cash Payment E 101 -45200 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 Cash Payment E 222 -42260 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/2412007 Cash Payment E 281 -45210 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 Cash Payment E 601 -49400 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/2412007 Cash Payment E 602 -49450 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 Cash Payment E 609 -49750 -151 Worker's Comp Insuranc 3RD QTR WORKERS COMP Invoice 11268 7/24/2007 Transaction Date 7/17/2007 Wells Fargo 10100 Total Refer 72407 LOGEL/N, SCOTT AND TAMIE Cash Payment E 222 - 42260 -500 Capital Outlay FA 1998 CHEV TAHOE, #9855 Invoice 072407 7/24/2007 PO 20420 Transaction Date 7/18/2007 Wells Fargo Refer 72407 LUBE TECH, INCORPORATED _ Cash Payment E 101 -43100 -230 Shop Materials Invoice 1424602 -A 7/24/2007 Cash Payment E 601 -49400 -300 Professional Srvs Invoice 1424602 -B 7/24/2007 Cash Payment E 602- 49450 -230 Shop Materials Invoice 1424602 -C 7/24/2007 •Transaction Date 7/16/2007 Refer 72407 MARK VII DISTRIBUTOR Cash Payment E 609 -49750 -252 Beer For Resale Invoice 212532 7/24/2007 MOBILE GREASE MOBILE GREASE MOBILE GREASE Wells Fargo BEER ImI -10 $22.35 $384.96 $303.00 $8,677.79 $315.42 $4,607.13 $1,609.39 $2,804.01 $310.45 $1,254.23 $4,607.13 $1,497.64 $26,393.50 $4,500.00 10100 Total $4,500.00 $12.68 $12.68 $12.68 10100 Total $38.04 $3,518.55 City of Mound 07/19/07 9:18 AM Page 10 Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $5,255.90 Invoice 209883 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $8,774.45 Refer 72407 MARLIN'S TRUCKING DELIVERY Cash Payment E 609 -49750 -265 Freight 06 -01 -07 DELIVERY CHARGE Invoice 19283 7/24/2007 Cash Payment E 609 -49750 -265 Freight 06 -04 -07 DELIVERY CHARGE Invoice 19293 7/24/2007 Wells Fargo 10100 Cash Payment E 609 -49750 -265 Freight 06 -07 -07 DELIVERY CHARGE Invoice 19316 7/24/2007 Cash Payment E 609 -49750 -265 Freight 06 -11 -07 DELIVERY CHARGE Invoice 19327 7/24/2007 $49.54 Cash Payment E 609 -49750 -265 Freight 06 -14 -07 DELIVERY CHARGE Invoice 19352 7/24/2007 Cash Payment E 609 -49750 -265 Freight 06 -18 -07 DELIVERY CHARGE Invoice 19364 7/24/2007 Cash Payment E 609 -49750 -265 Freight 06 -21 -07 DELIVERY CHARGE Invoice 19389 7/24/2007 $49.53 Cash Payment E 609- 49750 -265 Freight 06 -28 -07 DELIVERY CHARGE Invoice 19416 7/24/2007 Transaction Date 7/10/2007 Wells Fargo Refer 72407 MCCOMBS FRANK ROOS ASSOC/ $67.10 $38.50 $359.70 $14.30 $190.30 $45.10 $405.90 $275.00 10100 Total $1,395.90 Cash Payment E 401 -43103 -300 Professional Srvs 06 -07 2005 STREET RECONSTRUCTION $125.00 Invoice 59010 7/24/2007 Project PW0501 Transaction Date 7/16/2007 Wells Fargo 10100 Total $125.00 Refer 72407 METRO SALES, INCORPORATED Transaction Date 7/10/2007 Wells Fargo 10100 Cash Payment E 101 -42400 -400 Repairs & Maintenance 04 -03 -07 THRU 07 -03 -07 COPIER $49.54 MAINTENANCE Invoice 256879 -A 7/24/2007 Cash Payment E 101- 43100 -400 Repairs & Maintenance 04 -03 -07 THRU 07 -03 -07 COPIER $49.54 MAINTENANCE Invoice 256879 -B 7/24/2007 Cash Payment E 601 - 49400 -400 Repairs & Maintenance 04 -03 -07 THRU 07 -03 -07 COPIER $49.54 MAINTENANCE Invoice 256879 -C 7/24/2007 Cash Payment E 602 - 49450 -400 Repairs & Maintenance 04 -03 -07 THRU 07 -03 -07 COPIER $49.53 MAINTENANCE Invoice 256879 -D 7/2412007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $198.15 Refer 72407 METROPOLITAN COUNCIL WASTE Cash Payment E 602 -49450 -388 Waste Disposal -MCIS 08 -07 WASTEWATER Invoice 851073 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Refer 72407 MINNEHAHA BUILDING MA/NTENA Cash Payment E 609 - 49750 -400 Repairs & Maintenance 06 -11 -07 WASH WINDOWS Invoice 71038556 7/24/2007 Transaction Date 7/10/2007 Wells Fargo 10100 Refer 72407 MINNESOTA PUBLISHING -4581- $53,032.61 Total $53,032.61 $64.97 Total $64.97 6� *I • City Of Mound 07/19/07 9:18 AM ����_ _ Page 11 /, Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 609- 49750 -340 Advertising 07 -07 1/4 PAGE AD $99.00 Invoice 8185 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $99.00 Refer 72407 MINNESOTA ROADWAYS COMPA - Cash Payment E 101 - 43100 -224 Street Maint Materials 06 -28 -07 ASPHALT EMULSION $334.41 Invoice 55617 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $334.41 Refer 72407 MINUTEMAN PRESS _ Cash Payment E 101 - 42110 -203 Printed Forms NO PARKING SIGNS $153.25 Invoice 8558 7/24/2007 PO 20155 Transaction Date 7/17/2007 Wells Fargo 10100 Total $153.25 Refer 72407 MOUND FIRE DEPARTMENT Cash Payment E 222 -42260 -180 Fire -Drill Pay 06 -07 DRILLS $740.00 Invoice 072407 7/24/2007 Cash Payment E 222 - 42260 -185 Fire - Maintenance Pay 06 -07 MAINTENANCE $741.00 Invoice 072407 7/24/2007 Cash Payment E 222 -42260 -190 Fire - Monthly Salaries 06 -07 SALARIES $6,033.25 Invoice 072407 7/24/2007 Transaction Date 7/10/2007 Wells Fargo 10100 Total $7,514.25 -Refer 72407 MOUND FIRE RELIEF ASSOCIATIO Cash Payment E 895 -49990 -124 Fire Pens Contrib 07-07 FIRE RELIEF $10,485.83 Invoice 072407 7/24/2007 Transaction Date 7/17/2007 Wells Fargo 10100 Total $10,485.83 Refer 72407 MOUND MARKETPLACE LLC _ Cash Payment E 609 - 49750 -412 Building Rentals 08 -07 COMMON AREA MAINTENANCE $782.00 Invoice 072407 7/2412007 Transaction Date 7/17/2007 Wells Fargo 10100 Total $782.00 Refer 72407 MOUND, CITY OF _ Cash Payment E 609 -49750 -382 Water Utilities 07 -07 WATER AND SEWER $26.39 Invoice 072407 7/24/2007 Transaction Date 7/17/2007 Wells Fargo 10100 Total $26.39 Refer 72407 MUELLER, WILLIAM AND SONS _ Cash Payment E 101 - 43100 -224 Street Maint Materials 06 -04 -07 BLACKTOP $169.19 Invoice 132291 7/24/2007 Cash Payment E 101 - 43100 -224 Street Maint Materials 06 -05 -07 BLACKTOP $88.74 Invoice 132377 7/24/2007 Cash Payment E 101 -43100 -224 Street Maint Materials 06 -11 -07 BLACKTOP $176.64 Invoice 132603 7/24/2007 Cash Payment E 101 - 43100 -224 Street Maint Materials 06 -12 -07 CONCRETE $90.21 Invoice 132727 7/24/2007 Cash Payment E 101 -43100 -224 Street Maint Materials 06 -13 -07 BLACKTOP $133.12 Invoice 132807 7/24/2007 Cash Payment E 101 - 43100 -224 Street Maint Materials 06 -13 -07 CONCRETE $443.32 Invoice 132808 7/24/2007 Cash Payment E 101 -43100 -224 Street Maint Materials 06 -18 -07 BLACKTOP $133.12 Invoice 133014 7/2412007 -4582- City of Mound 07/19/07 9:18 AM Page 12 Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 101- 43100 -224 Street Maint Materials 06 -25 -07 BLACKTOP $151.49 Invoice 133356 7/24/2007 Cash Payment E 101 -43100 -224 Street Maint Materials 06 -27 -07 BLACKTOP $42.67 Invoice 133526 7/24/2007 Cash Payment E 101 - 43100 -224 Street Maint Materials 06 -28 -07 BLACKTOP $148.48 Invoice 133615 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $1,576.98 Refer 72407 NEA TON BROTHERS EROSION LL Cash Payment G 101 -23086 1774 Heron Lane Utility Cons 1774 HERON SILT FENCING $1,156.70 Invoice 5505 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $1,156.70 Refer 72407 NELSON ELECTRIC MOTOR REPAI Cash Payment E 602 - 49450 -440 Other Contractual Servic NORTHERN LIFT $656.50 Invoice 2991 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $656.50 Refer 72407 NEOPOST Cash Payment E 101 - 41910 -400 Repairs & Maintenance 07 -05 -07 THRU 07 -04 -08 METER RENTAL $921.44 Invoice 43466489 7/24/2007 Transaction Date 7/13/2007 Wells Fargo 10100 Total $921.44 Refer 72407 NEWMAN SIGNS Cash Payment E 101 -43100 -226 Sign Repair Materials POSTS, CAPS, ETC $2,897.50 Invoice TI- 0178424 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $2,897.50 Refer 72407 OFFICE DEPOT Cash Payment E 222 -42260 -200 Office Supplies LAMINATING MACHINE, PAPER $337.58 Invoice 392638676 -001 7/24/2007 PO 20419 Cash Payment E 222 -42260 -200 Office Supplies INKJET CARTRIDGES $206.12 Invoice 391542498 -001 7/24/2007 PO 20414 Transaction Date 7/18/2007 Wells Fargo 10100 Total $543.70 Refer 72407 OTTEN BROTHERS Cash Payment E 601 -49400 -220 Repair / Maint Supply SOD $31.73 Invoice 1- 1068381 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $31.73 Refer 72407 PAUSTIS AND SONS WINE COMP Cash Payment E 609 - 49750 -253 Wine For Resale WINE $721.44 Invoice 8151645 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $219.00 Invoice 8150724 7/24/2007 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,743.39 Invoice 8151219 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $2,683.83 Refer 72407 PEDERSON, GREG Cash Payment E 222 -42260 -210 Operating Supplies STORAGE RACK, CARDS, ETC $130.16 Invoice 072407 7/24/2007 Cash Payment E 222 -42260 -350 Printing STORAGE RACK, CARDS, ETC $31.52 Invoice 072407 7/24/2007 -4583- 101 •I • City of Mound 07/19/07 9:18 AM Page 13 Payments CITY OF MOUND Current Period: July 2007 Transaction Date 7/18/2007 Wells Fargo 10100 Total $161.68 Refer 72407 PEPSI -COLA COMPANY Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 11843304 7/24/2007 Invoice 3364286 Transaction Date 7/1312007 Wells Fargo 10100 Refer 72407 PHILLIPS WINE AND SPIRITS, INC Invoice 3364287 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR Invoice 2486749 7/24/2007 Invoice 2484351 Cash Payment E 609- 49750 -253 Wine For Resale WINE Invoice 2486750 7124/2007 Invoice 2484352 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 2486751 7124/2007 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE Invoice 3364286 7/24/2007 07 -28 -07 THRU 10 -27 -07 FIRE MONITORING Cash Payment E 609 -49750 -253 Wine For Resale CREDIT - -WINE Invoice 3364287 7/24/2007 07 -28 -07 THRU 10 -27 -07 FIRE MONITORING Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR Invoice 2484351 7/24/2007 07 -28 -07 THRU 10 -27 -07 FIRE MONITORING Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 2484352 7/24/2007 07 -28 -07 THRU 10 -27 -07 FIRE MONITORING Dash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 2484353 7/24/2007 $174.70 Total $174.70 $3,796.75 $1,035.45 $29.25 -$7.50 -$5.33 $115.10 $333.95 $60.00 Transaction Date 7/10/2007 Wells Fargo 10100 I Mal q)0,0a1 .01 Refer 72407 PROTECTION ONE _ Invoice 882912 -00 7/24/2007 Cash Payment E 101 -41310 -440 Other Contractual Servic 07 -28 -07 THRU 10 -27 -07 FIRE MONITORING Invoice 072407 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale Cash Payment E 101 - 43100 -440 Other Contractual Servic 07 -28 -07 THRU 10 -27 -07 FIRE MONITORING Invoice 072407 7124/2007 Refer 72407 REED BUSINESS INFORMATION Cash Payment E 601 - 49400 -440 Other Contractual Servic 07 -28 -07 THRU 10 -27 -07 FIRE MONITORING Invoice 072407 7/24/2007 Cash Payment E 602- 49450 -440 Other Contractual Servic 07 -28 -07 THRU 10 -27 -07 FIRE MONITORING Invoice 072407 7/24/2007 Transaction Date 7/12/2007 Wells Fargo 10100 Total Refer 72407 QUALITY WINE AND SPIRITS _ Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR Invoice 882912 -00 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 883327 -00 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 881003 -00 7/24/2007 Transaction Date 7/10/2007 Wells Fargo Refer 72407 REED BUSINESS INFORMATION $142.14 $53.50 $53.50 $53.49 $302.63 $1,229.24 $1,534.51 $703.50 10100 Total $3,467.25 Cash Payment G 601 -16325 Distribution System 06 -25 -07 LEGAL ADS $165.02 Invoice 3669377 7/24/2007 Project PW0705 ash Payment G 601 -16325 Distribution System 07 -02 -07 LEGAL ADS $165.02 Invoice 3685855 7/24/2007 Project PW0705 Transaction Date 7/12/2007 Wells Fargo 10100 Total $330.04 City of Mound 07/19/07 9:18 AM Page 14 Payments • CITY OF MOUND Current Period: July 2007 Refer 72407 REYNOLDS WELDING SUPPLY CO Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN $23.04 Invoice 863536 7/24/2007 Transaction Date 7/18/2007 Wells Fargo 10100 Total $23.04 Refer 72407 ST. BONIFACIUS MOTOR SPORTS Cash Payment E 101 - 42110404 Machinery/Equip Repairs 4- WHEELER REPAIRS $753.39 Invoice 151398 7/24/2007 PO 20157 Transaction Date 7/17/2007 Wells Fargo 10100 Total $753.39 Refer 72407 STERNE ELECTRIC COMPANY Cash Payment E 602 - 49450 -440 Other Contractual Servic WOLNER FIELD UG $246.60 Invoice 9203 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $246.60 Refer 72407 SWEATT, CYNTHIA Cash Payment R 281 -45210 -34725 Dock Permits REFUND OF OVERPAYMENT $200.00 Invoice 072407 7/24/2007 Transaction Date 7/13/2007 Wells Fargo 10100 Total $200.00 Refer 72407 TAYLOR, J.J. DISTRIBUTING MINN _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $72.35 Invoice 1091478 7/24/2007 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $104.00 • Invoice 869183 7/24/2007 Cash Payment E 609- 49750 -252 Beer For Resale BEER $4,655.02 Invoice 1091477 7/24/2007 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $169.00 Invoice 1090560 7/24/2007 Transaction Date 7/10/2007 Wells Fargo 10100 Total $5,000.37 Refer 72407 THORPE DISTRIBUTING COMPAN Cash Payment E 609 -49750 -252 Beer For Resale BEER $362.00 Invoice 55008 7/24/2007 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $9,819.95 Invoice 454367 7/24/2007 Cash Payment E 60949750 -252 Beer For Resale BEER $211.45 Invoice 454366 7/2412007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $140.00 Invoice 453680 7/24/2007 Transaction Date 719/2007 Wells Fargo 10100 Total $10,533.40 Refer 72407 THRIFTY WHITE DRUG STORE Cash Payment E 222 - 42260 -210 Operating Supplies 06 -06-07 PHOTO PROCESSING $25.68 Invoice 841346 7/24/2007 Transaction Date 7/18/2007 Wells Fargo 10100 Total $25.68 Refer 72407 TRUE VALUE, MOUND Cash Payment E 601 -49400 -218 Clothing and Uniforms 06 -07 MISCELLANEOUS SUPPLIES $19.16 Invoice 072407 7/24/2007 Cash Payment E 101 -45200 -220 Repair /Maint Supply 06-07 MISCELLANEOUS SUPPLIES $159.92 • Invoice 072407 7/2412007 Cash Payment E 609 -49750 -210 Operating Supplies 06 -07 MISCELLANEOUS SUPPLIES $35.92 Invoice 072407 7/24/2007 -4585- I* City of Mound 07/19/07 9:18 AM Page 15 Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 101 - 43100 -230 Shop Materials 06 -07 MISCELLANEOUS SUPPLIES $7.45 Invoice 072407 7/24/2007 Cash Payment E 601 -49400 -230 Shop Materials 06 -07 MISCELLANEOUS SUPPLIES $15.95 Invoice 072407 7/24/2007 Cash Payment E 602 -49450 -230 Shop Materials 06 -07 MISCELLANEOUS SUPPLIES $7.45 Invoice 072407 7/24/2007 Cash Payment E 602 -49450 -220 Repair /Maint Supply 06-07 MISCELLANEOUS SUPPLIES $174.30 Invoice 072407 7/24/2007 Cash Payment E 401 - 43107 -500 Capital Outlay FA 06 -07 MISCELLANEOUS SUPPLIES $29.96 Invoice 072407 7/24/2007 Project PW0701 Cash Payment G 601 -16300 Improvements Other Than BI 06 -07 MISCELLANEOUS SUPPLIES $107.49 Invoice 072407 7/24/2007 Project PW0608 Cash Payment E 601 -49400 -221 Equipment Parts 06 -07 MISCELLANEOUS SUPPLIES $120.03 Invoice 072407 7/24/2007 Cash Payment E 602 -49450 -221 Equipment Parts 06 -07 MISCELLANEOUS SUPPLIES $5.85 Invoice 072407 7/24/2007 Cash Payment E 101- 43100 -221 Equipment Parts 06 -07 MISCELLANEOUS SUPPLIES $1.59 Invoice 072407 7/24/2007 Cash Payment E 101 - 43100 -226 Sign Repair Materials 06 -07 MISCELLANEOUS SUPPLIES $21.29 Invoice 072407 7/24/2007 Cash Payment E 222 -42260 -210 Operating Supplies 06 -07 MISCELLANEOUS SUPPLIES $27.66 •Invoice 072407 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $734.02 Refer 72407 TWIN CITY SEED COMPANY _ Cash Payment E 101 - 43100 -221 Equipment Parts GRASS SEED $127.53 Invoice 16965 7/24/2007 PO 20245 Transaction Date 7/12/2007 Wells Fargo 10100 Total $127.53 Refer 72407 VER/ZON WIRELESS (FIRE /FIN) _ Cash Payment E 222 -42260 -321 Telephone & Cells 07 -07 CELL PHONES $2.25 Invoice 1729374631 7124/2007 Cash Payment E 101 -41310 -321 Telephone & Cells 07 -07 CELL PHONES $36.43 Invoice 1729374631 7/24/2007 Transaction Date 7/12/2007 Wells Fargo 10100 Total $38.68 Refer 72407 WACONIA FARM AND HOME SUPP Cash Payment E 101 -45200 -232 Landscape Material STRAW BALES, SEED $176.74 Invoice K91465 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $176.74 Refer 72407 WALDRON AND ASSOCIATES _ Cash Payment E 101 -42400 -308 Building Inspection Fees 06 -07 RENTAL COMPLAINT INSPECTION $70.00 Invoice 072407 7/24/2007 Transaction Date 7/13/2007 Wells Fargo 10100 Total $70.00 Refer 72407 WESTONKA MECHANICAL Cash Payment E 601 - 49400 -440 Other Contractual Servic 1583 GULL LANE SWITCH METER $141.90 Invoice 32020 7/24/2007 eransaction Date 7/16/2007 Wells Fargo 10100 Total $141.90 Refer 72407 WILLIAMS TOWING _ -4587- City of Mound 07119/07 9:18 AM Page 16 /, Payments CITY OF MOUND Current Period: July 2007 Cash Payment E 222 - 42260 -409 Other Equipment Repair 06 -10 -07 BLAZER $130.11 Invoice 096379 7/24/2007 Transaction Date 7/18/2007 Wells Fargo 10100 Total $130.11 Refer 72407 WINE COMPANY Cash Payment E 609 -49750 -253 Wine For Resale WINE $592.05 Invoice 170542 -00 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $592.05 Refer 72407 WINE MERCHANTS Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,694.40 Invoice 197708 7/2412007 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $16.52 Invoice 33888 7/24/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,018.00 Invoice 197086 7/24/2007 Transaction Date 7/9/2007 Wells Fargo 10100 Total $3,695.88 Refer 72407 XCEL ENERGY Cash Payment E 101 -42115 -381 Electric Utilities 06 -07 #51- 6002835 -9 $23.34 Invoice 180693403 7/24/2007 Cash Payment E 101 -43100 -381 Electric Utilities 06 -07 #51- 4802601 -1 $5,789.09 Invoice 180025655 7124/2007 Transaction Date 7/10/2007 Wells Fargo 10100 Total $5,812.43 • Refer 72407 ZACKS, INCORPORATED _ Cash Payment E 101 -43100 -230 Shop Materials BRUSHES, HANDLES $27.73 Invoice 23044 -A 7/24/2007 Cash Payment E 601 -49400 -230 Shop Materials BRUSHES, HANDLES $27.73 Invoice 23044 -B 7/24/2007 Cash Payment E 602 -49450 -230 Shop Materials BRUSHES, HANDLES $27.74 Invoice 23044 -C 7/24/2007 Cash Payment E 101 - 43100 -230 Shop Materials BRUSHES, SQUEEGE, HANDLES $29,72 Invoice 23043 -A 7/24/2007 Cash Payment E 601 -49400 -230 Shop Materials BRUSHES, SQUEEGE, HANDLES $29.72 Invoice 23043 -B 7/24/2007 Cash Payment E 602 -49450 -230 Shop Materials BRUSHES, SQUEEGE, HANDLES $29.71 Invoice 23043 -C 7/24/2007 Cash Payment E 101 -43100 -230 Shop Materials GLOVES, BUNGE CORDS, ETC $126.44 Invoice 23042 -A 7/2412007 Cash Payment E 601 -49400 -230 Shop Materials GLOVES, BUNGE CORDS, ETC $126.44 Invoice 23042 -B 7/24/2007 Cash Payment E 602 - 49450 -230 Shop Materials GLOVES, BUNGE, CORDS, ETC $126.45 Invoice 23042 -C 7/24/2007 Transaction Date 7/16/2007 Wells Fargo 10100 Total $551.68 Refer 72407 ZEE MEDICAL SERVICE Cash Payment E 101- 45200 -210 Operating Supplies ANTIBIOTIC OINTMENT, ETC $37.47 Invoice 54080576 7/24/2007 Transaction Date 7/12/2007 Wells Fargo 10100 Total $37.47 • -4587- ■, CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 333 G.O. 2007 - C Equip Cert 361 G.O. 2007 - A Improvements 401 GENERAL CAPITAL PROJECTS 475 TIF 1 -3 Mound Harbor Renaissan 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 675 STORM WATER UTILITY FUND 895 FIRE RELIEF FUND City of Mound Payments Current Period: July 2007 10100 Wells Fargo $48,065.33 $18,857.33 $515.95 $450.00 $450.00 $2,264.00 $160.00 $14,409.79 $59,783.05 $87,236.44 $76.50 $10,485.83 $242,754.22 Pre - Written Check $0.00 Checks to be Generated by the Compute $242,754.22 Total $242,754.22 7 • 07/19/07 9:19 AM Page 17 • MEMORANDUM TO: Mayor Hanus and City Council FROM: Jim Fackler, Parks Superintendent DATE: July 1'7, 200'7 RE: Public Lands Permit Village by the Bay At the July 12, 2007 Parks, Open Space and Docks Advisory Commission Meeting, the Commission recommends approving the Public Lands Permit for Village by the Bay to plant trees and add a spigot to the City's irrigation box. Below is an excerpt from the July 12, 2007 meeting: Discuss: Public Lands Permit — Village by the Bay Fackler explained the applicant would like to plant trees on public lands by Village is by the Bay and add a water spigot to the City's irrigation box. Staff reviewed and recommends approval with the provisions stated by staff in the Public Lands Report. Shirley Romness - 2100 Old School Road addressed the Commission. She stated they have enough donations for seven trees. The trees will be purchased and installed from Art Alstrom. The trees will be well watered and fertilized. Dick Morrision will install the spigot on the west side of the irrigation box and it will have a removable handle. The trees will be planted 12' back from the sidewalk. MOTION by Funk to approve Public Lands permit as recommend by staff. SECOND by Meisel. Motion carries unanimously. Attached is the Public Lands Application. ;. • CITY OF MOUND • RESOLUTION NO. 07- RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR Village by the Bay 2100 Old School Road WHEREAS, the applicant is seeking a Public Lands Permit for tree planting on public right of way, and installing a spigot on the City's irrigation box, and WHEREAS, City Code Section 320, requires City Council approval by a majority vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons; and WHEREAS, the Parks, Open Space and Docks Advisory Commission recommended the approval of this request with conditions, and WHEREAS, the City Council considered this request at their meeting of Tuesday, July 24, 2007, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Public Lands Permit as submitted by Village by the Bay Homeowners Association for 2100 Old School Road with the following conditions: 1. City is not responsible for replacement if the trees do not survive or if utility work requires their removal. Set back of all trees need to be wide enough not to block sidewalk when fully grown. 2. No trees may be planted within 5' radius of water shut -offs. 3. Applicant must be responsible for moving irrigation if needed. 4. Installation of spigot must be done by a licensed plumber and must have a removable shut off handle. City is not responsible for repair or replacement of the spigot or handles. 5. The water at the irrigation box is turned off seasonally by the City. The City has the discretion to turn off the water as needed for repair or maintenance. Adopted by the City Council this 24th day of July, 2007. Attest: Bonnie Ritter, City Clerk • -4590- Mayor Mark Hanus rn: (M5e) 4 1e-UMU FAX: (952) 472 -0620 —wE : w w. i o mo .com June 29, 2007 Village By the Bay Homeowners Association 2100 Old School Road Mound, MN 55364 Attn: Virginia Reiland Re: Public Lands Permit Enclosed is a Public Lands Report with staff comments. Your Public Lands Application will be brought before the Parks, Open Space and Docks Advisory Commission on Thursday, July 12, 2007 at 7:30 p.m. in the Council Chambers at City Hall. You will receive an agenda prior to the meeting. Please contact me if you have any questions. Sincerely, Vicki Weber Administrative Assistant to Public Works & Parks 952 -472 -0615 enc. *-4591 -,,,d m,., • w PULILLANDS REPORT __ TO: Parks, Open Space and Docks Advisory Commission FROM: Jim Fackler, Park Superintendent—— DATE: June 28, 2007 SUBJECT: Planting Trees on Public Lands APPLICANT: Village By the Bay Homeowners Association Virginia Reiland 952 - 472 -8999 Shirley Romness 952 -472 -3388 LOCATION: 2100 Old School Road REQUEST: Plant Trees on Public Lands and Install Spigot on City Irrigation Control Box 320.01 Special Permits for Certain Structures on Public Land. Subd.1. Construction on Public Land Permit. Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land permit is issued as provided in this section. Any proposed construction, special use or land alteration shall require the applicant to provide necessary drawings to scale, specifications of materials to be used, proposed costs, and purpose for change. All special permits shall require a survey by a registered land surveyor before a special permit will be issued. Survey shall comply with the Mound. Building Code survey requirements. Copies of such surveys, drawings, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices. No special permit shall be issued unless approved by a simple majority of the Council members. (ORD. 108-2000, 7/16/00) 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: -4592- r Jim Fackler, Park r;t3, -is net- responsible far- reglacgmenif- the�ees ds �t sorvive or if�atility�,a�urk required their removal. Set back of all trees need to be wide enough not to block sidewalk when fully grown. Installation of spigot must be done by a licensed plumber and must have a removable shut off handle. City is not responsible for repair or replacement of the spigot or handles. The water at the irrigation box is turned off seasonally by the City. The City has the discretion to turn off the water as needed for repair or maintenance. Sarah Smith, Community Development Director: No comments Ray Hanson — Engineering/Planning Technician: No comments. • Greg Skinner, Public Works Superintendent: No trees planted within S' radius of water shut -offs • Carlton, Public Works Director: No comments SITE INSPECTION City Officials and Board Members are encouraged to visit the site prior to the meeting. PHOTOGRAPHS Included in application RECOMN ENDATION Staff recommends approval of this permit with provisions listed above. CITY COUNCIL REVIEW Is required. ATTACHMENTS: • Public Lands Permit Application dated May 30, 2007 • Site survey 2 -4593- U 10 • -4594- r 5341 Maywood Road, Mound, MN 55364 Phone 952.472-0600 Fax 952 - 472-0620 PUBLIC LANDS APPLICATION Date Received RECEIVED MAY 3 0 2001 I • DISTRIBUTION Check one Building official 911"1 Parks Director MCWD Public Works Other ❑ CONSTRUCTION ON PUBLIC LAND PERMIT -- new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). ❑ PUBLIC LAND MAINTENANCE PERMIT — to allow repairs to an existing structure (City Code Section 320, Subd. 3). CONTINUATION OF STRUCTURE — to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3). LAND ALTERATION — change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). rht structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, ;hells, etc, are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which neans that those structures will at some time in the future have to be removed from the public lands. All permits are Iranted for a limited time and are non- transferable. Stairway construction must meet the State Building Code when the yermit is for new construction, or a new permit is applied for due to a change in dock site holder. APPLICANT or Phone (ti) q�9 - ft - !q q f (W) � ` (M) ABUTTING Address PROPERTY LEGAL Lot Block DESC. C Subdivision PID # Plat # ZONING DISTRICT R -1 R -1A R -2 R -3 B -1 . B-2 B -3 Public Lands Permit Application Page 1 of 2 Revised 4120107 -4595- • • Name--- PROPERTY hock Site # Shoreline Type J,:5c' a, e Ae-t A _sz::� A6 ,47- CONTRACTOR Nam . - I Add Phone (M W: 3 - �/ *7f-- .5,6e g (M) 00. ExcV .*ANo A FEE OF,$2 00 APPLIES 'IF VALUATION OF PROJECT -EDS $1,000. No PUBLIC BENEFIT IS DERIVED. PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) $ DESCRIBE REQUEST & PURPOSE Applibanftl • Signature - <::z Data Q -7 Revised 4/20/07 -4596- 5740 STo 5920 5970 RY R3 q� 07/05/200712:08 FAX 9524720620. CITY OF MOUND [a 001 5341 Maywood Road Mound, Minnesota 55364 GA"AGE AND REFUSE COLLECTION LICENSE APPLICATION (Flint or type only) Applicant Name: Steven P. Blackowiak Applicant Date of Birth: 1.1 -2 -64 Social Sec. #: Driver's Lic. #: Home Phone: 952 472 3398 Home Address: 8415 Pioneer Ck Rd City: Maple Pi a; n Zip:55� Is the Firm a Corporation x Partnership_ Private Owner. Company Name:_ Blackowiak Disposal Inc _ Co. Phone:95 - - Company Address: 1195 Sunnyfield Rd N City: Mound 11 -2 -64 Zip :55364 • Company Officials: 1. • Steven P. B a k wiak (First) (Middle) (bast) (Date of Birth) 2_ (First) (Middle) (Last) (Date of Birth) 3 (First) (Middle) (Last) (Date of Birth) Does anyone other than above have a financial interest in the business? No (If yes, please list others having a financial interest on separate sheet and attach to this application, giving full name, address, telephone number and date of birth.) SCHEDULE Of CHARGES AND RAW Will charges be billed monthly bi- monthly _ quarterly other Explain charges or list charges: 32 Gallon Can $13.99 + Tax 68 Gallon Cart $15-99 + Tax and 95 Gallon Cart $18.99 +•Tax Billing Date: 1 to 5 of month _�_ 6 to 10 of month • 11 to 15 of month _ 16 to 20 of month 21 to 25 of month 26 to end of month. If billing is other than monthly, bills will be sent in which months: 07/05/2007 12:08 FAX 9524720620 CITY OF MOUND a 002 SCT DULEp DAYS OF COLLECTION Days collection will be made: Monday thru Friday and Maybe Saturday • Number of cans acceptable and size:_ 2 cp1 1 on si es 68 or 95 gal on carts provided Describe how large items will be accepted: up to ` the 95 gallon cart size NU 0M OF AND MEXPI. rION OF 'V'EMCLES LICENSED: Serial Body Body Make Model # &Lle Make MN. License 1 I u TB NRR Isuzn YAU6623 2 3 4 YNSURAI.IVCE Name of Insurance Co.: Lincoln General Ins Co Name of Agent: David Lessard Minimum Amount Required: Liability: $100,000 _ $300,000 $25,000 Each Person Each Accident Property Damage (A copy of the Insurance Policy must accompany application.) MITE: See Insurance Certificate • MNEURMANCE BOND Enclosed Before license is granted, a Performance Bond of $1,000 must be deposited with the City Clerk: (Name of Bonding Company) The undersigned hereby certifies that he will perform the Collection and Disposal Service in compliance with applicable State Statutes, Pollutions Control Agency rules and regulations, Hennepin County, and that he will collect and dispose of all garbage and refuse as defined in City of Mound Ordinances. . Company Name Blackowiak Disposal Inc Dated:_ 7 —a ?-ov — Owner Steven P. 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Paul, MN 55128 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED 952 -472 -3398 Blackowiak Disposal Inc. 1195 Sunnyfeild RD Mound, MN 55364 INSURERA: Lincoln General Insurance Company POLICY EFFECTIVE INSURERB: LIMITS INSURER C: INSURER D: POLICY NUMBER INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L - POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE $ 1,000,000 A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY PENDINGI 06/25/2007 06/25 /2008 °PREMISES Eaoccurence $ 100,000 MED EXP (Any one person) $ 5, 000 CLAIMS MADE a OCCUR PERSONAL BADVINJURY $ 1,000,000 ` GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 POLICY PRO- LOC AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT $ 1,000,000 A ANY AUTO LWI102230 06/25/2007 06/25/2008 (Ea accident) BODILY INJURY $ X ALL OWNED AUTOS (Per parson) SCHEDULED AUTOS HIREDAUTOS BODILY INJURY $ (Per accident) NON -OWNED AUTOS Owned Private Pass, Autos PROPERTY DAMAGE $ (Per accident) Owned Autos O/T Priv Pass. GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE , $ RETENTION $ WC OTH- WORKERS COMPENSATION COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below - OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Waste Hauling Mound Minnesota and surrounding Communities. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 � .11 Jul 09 07 04:42p Wiser Insurance Agency OD °l 952 472 7404 Western Surety Company CONTINUATION CERTIFICATE p.2 Western Surety Company hereby continues in force Bond No.._ 58086182 briefly described as GARBAGE HAUTFR TTY OF MO ND f'or BLACKOWIAK & OI3, TNG , as Principal, in the sum of $ ONE THO 1SANin jZ NO .100 Dollars, for the term beginning —_ iMa3ch 01 2007 , and ending Ma_ rah 01 2Q08 ,subject to all the covenants and conditions of the original bond referred to above. This continuation is issued upon the express condition that the liability of Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. Dated this _ 21 day of December 2006 ��''a °�'yyy°"yy ' "F.f Rk O 635°1- k . ye°s WESTERN URETY COMPANY 43y •+� a B Paul T. Bruflat, SeAior Vice President ��fWO 4D�d _aPV ,qb Form 90- A-4.2002 THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND. -4601- • • • Jul 09 07 04:42p C7 • C Wiser Insurance Agency Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat -_ of 5i0Ux Falls State of South Dakota its regularly elected Senior Vice President as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: bond with bond number 580fi6 Z R2 for B At` OWT K & SON, TNC as Principal in the penalty amount not to exceed: $1 - 000 _00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety Company duly adopted and now in force, to -wit: Section 7. Ali bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this ---2-1- day of December 2006_ ATTEST WE N SUR CO PANY 1 L. Nei o . By L. Nelson, Assistant Secretary Paul T. Bru t, Senior Vice President STATE OF SOUTH DAKOTA r� S'd'fi COUNTY OF MINNEHAHA SS '°r�4 p....••'•y ^qe On this 21 day of December 12006 , before me, a Notary Public, personally appeared Paul T. Bruflat and L. Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice. President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. } s D. KRELL s s ^ NOTARY PUBLIC f SEAL SEAL s �� Notary Public s SOUTH DAKOTA s My Commission Expires November 30, 2012 �e Form F1975 -9 -2006 -4602- i"./�' Minnesota Lawful Gambling Page 1 of 2 6107 LG220 Application for Exempt Permit For Board Use Only An exempt permit may be issued to a nonprofit organization that Fee is 50 for • conducts lawful gambling on five or fewer days, and • awards less than $50,000 In prizes during a calendar year. each event $ ORGANIZATION INFORMATION Organization na ` Previous gambling permit number «e.5`� �- Type of nonprofit organization' () one. ❑ Fraternal ❑ Religious ❑ Veterans Other nonprofit organization Mailin ddress �11 16 eb Ci State/Zip Code County i rnYn¢rr a VCS O u R(A n n Name of chief executive officer (CEO) Daytime phone number ATTACH A -COPY OF = OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS * Do not attach a sales tax exempt status or federal ID employer numbers as they are not prod of nonprofit stag. _ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651 - 296-2808 _ Internal Revenue Service - iRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS, P.O. Box 2508, Room 4010, Cincinnati, OH 45201 _Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of bQM of the following: a. IRS letter showing your parent organization is a registered nonprofit 501(c) organization with a group ruling b. the charter or letter from your parent organization recognizing your organization as a subordinate. _Internal Revenue Service - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required. GAMBLING PREMISES INFORMATION NameA premises w ere g mbling activity will be conducted (for raffles, list the site where the drawing will take place) �eS -R jhe� i 1 CC- C e_ r Address (do noliipe PO box) City Zip Code 1. y unty rn fAe_)^ r� t� n c� Date(s) of activity for ra s, indicate the date of the drawing) Check the box or s t t indicate the type of gambling activity your organization will conduct: *Bingo ❑ "Paddlewheels ❑ `Pull- Tabs ❑ Mpboards (Raffies * Gambling equipment for pull -tabs, tipboards, paddlewheels, and bind (bingo paper, hard cards, and bingo number selection device) must be obtained from a distributer licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and dick on list of Licensed Distributors, or call 651 - 639 -4076. -4603- • • W] • • • LG220 Annlication for Exempt Permit Page 2 of 2 6/07 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT if the gambling premises is within city limits, If the gambling premises is located in a township, both the city must sign this application. the county and township must sign this application. Check (4) the action that the city is taking on Check (4) the action that the county is taking on this application. this application. The application Is acknowledged with no waiting period. The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting perms, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days. days (60 days for a 1st class city). The application is denied. _ The application is denied. Print county name Print city name On behalf of the oourtiy, t acknowledge this appilicanan. Signature of county personnel receiving application On behalf of the city, I acknowledge this application. Signature of city personnel receiving application Title DateaJ / Title Date / / TOWNSHIP: On behalf of the township, l acknowledge thatthe organization is applying for exempted gambling activity within the township limits. [Atownship has no statutory authority to approve or deny an application [Minnesota Statute 349.213, subd. 2)] Print township name -Signature of township official acknowledging application Title _ Date l / CHIEF EXECUTIVE OFFICER'S SIGNATURE The inkm ation provided in this appOcation is complete and accurate to the best of my knowledge. l acknowledge that Hie financial report will be completediand returned to the Board within 30 days of the date of our gambling activity. Chief executive officeessignature l t c J �� Date 0 7 Complete an application for each gambing activity: Financial report and recordkeeping • one day of gambling activity required -- . • two or more consecutive days of gambling activity A financial report form and instructions will be • each day a raffle drawing is held sent with your permit. Within 30 days of the activity date; complete and return the financial Send application with: report to the Gambling Control Boars. • a copy of your proof of nonprofit status, and • $50 application fee for each event. Questions? Make check payable to "State of Minnesota." Can the Licensing Section of the Gambling Control Board at 651 - 639 -4076. To: Gambling Control Boars 1711 West County Road B, Suite 300 South Roseville, MN 55113 Data privacy. This form will be made available in altemative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawfui gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to deten,nine your qualifications and, as a consequence, may refuse to issue you a permit if you supply the intbim ation requested, the Board wig be able to process your application. Your name and and your organization's name and address will be pubes information when received by the Board. AN the other information you provide will be private data until the Board issues your peanut When the Board issues your pemt, all of the information provided to the Board will become public. If the Board dos not issue a pemtit, all information provided remains private, with the exception of your name and your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Comrnissioners ofAdnrnisbation, Finance, and Revenue, Legislative Auditor; national and intemationat gambling regulatory ages des; anyone pursuant to court order, other individuals and agencies that are specifically authorized by state or federal law to have access to the inbomreboru; individuals and agencies for which law or legal order authorizes a new use or sharing of inbomtation after this Notice was given; and anyone with your consent Minnesota Lawful Gambling Page I of 2 6107 LG220 Application for Exempt Permit For Board Use Only An exempt permit may be issued to a nonprofit organization that: Fee is $50 for Check# • • conducts lawful gambling on five or fewer days, and $ • awards less than $50,000 in prizes during a calendar year. each event ORGANIZATION iNPORMATION Organization name 0u alb +ham wee_ C, U Previous gambling permit number x - a-� � Type of nonprofit organization. Check (4) one. ❑ Fraternal []Religious ❑ veterans ❑ Other nonprofit organization Mailing address /1 �Dmnne.r6e Ci bUnd State/Zip Code MA/ 55364 /' County der i ofZg5 n Name f chief executive officer CEO) S �Q� Daytime phone number ad X I �a- ATTACH A COPY OF f_NE OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651 - 296 -2803 Internal Revenue Service - IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS, P.O. Box 2508, Room 4010, Cincinnati, OH 45201 _Internal Revenue Service:- Affiliate of national, statewide, or international parent nonprofit organization (charter) • If your organization falls under a parent organization, attach copies of both of the following.- - a. IRS letter showing your parent organization is a, registered nonprofit 501(c) organization with agroup ruling b. the charter or letter from your parent organization recognizing your organization as a subordinate. —Vin rnal Revenue Service - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be cond d (for raffles, list the site where the drawing will take place) Du La e _4e Lt f Address (do no use O box) a3 ,ZS` JUA. City Nbund Zip Code C my ranmere_e of Dates of activity (for raffle$, i dicate the date of the drawing) 7 1201 :1 B IF- oD Check the box or boxes that indicate1he type of gambling activity your organization will conduct: ©" "Bingo ©-IRaffies ❑- "Paddlewheels ❑ ''Pull -Tabs ❑ * Tipboards Gambling equipment for pull -tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo number selection device)' must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651- 639 -4076. • -4605- • • 1 _G220 Annfication for Exempt Permit Page 2 of 2" 6/07 If the amblin remises is located in a towrnsnip, porn If the gambling premises' is within city limits, g g p the city must sign this application, the coin and townshi must si n this a " ication. tY . P 9 ppi Check (`�) the action that the cIV is taking on Check (4) the action that the county is taking on this application, this application,._ The application is acknowledged with no waiting period. The application is acknowledged with no waiting period, The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a per period, and allows the Board to issue a permit after 30 mit after 30 days. days (60 days for a 1st Gass city). The application ` is denied: The application is denied. Print city name On behalf of the city, l acknowledge this application. Signature of city personnel receiving application Title Date / Print county. name On behalf of the county,• 1 Eacknowledge this application. Signature of county personnel receiving application Title ...Date / ..._/ . TOWNSHIP' On behalf of the township, I acknowledge that the organization is applying forexoWted;gambling activity within the township,llmits., [Atownship. has ,nostatutoryauthoritytoapprove or deny an application [Minnesota Statute 349.213, subd. 2)] Print township name Signature of township official acknowledging application Title Date /. The information provided rn"fhis application is complete and accurate'to the bestof rry'knota]6dyet acknowledge that the financial:reporfwfll be completed and returned tothe Board within 30. days of <the.late:;of our gambiing activity. Chief executive officer's signature � � A& t Date Complete an application for each gait bing activity: one day of gambling activity two �or more consecutive -days of gambling activity • each day a raffle drawing is held Send application with • a copy of your proof of nonprofit status, and • $50 application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Data privacy. This form will be made available in alternative format (i.e. large print, Braille) upon request The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful ; gambling activities in Minnesota; Ybu have the tight to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit If you supply the information requested, A financial report form and: jnstructions wjlVbe sent with'yotr permit Vlfithin 30 day;: ore activity date', complete and return the financial report form: to the Gambling Control Boahtl. Questions? Call the Licensing Section of the Gambling Control Board at 651 -639 -4076. the. Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information you provide will be private data untilthe Board issues your;pemttt When the_ Board issues your; pemlit; all, of the information provided to the Board will become public. If the Board does npt issue a permit, all information provided remains private, with the exception of your name and your organization's name and address which will remain public, Private data are available to: Board members, Board staff whose•work requires access to the information; Minnesotan Department of Public Safety; Attorney General; Commissioners of Administration, Finance, and Revenue; Legislative Auditor, national and international gambling•,regulatory agencies; anyone pursuant to ,court order,_other individuals and agencies that ,are spgcfic0ly authorized by state or federal law to have .access to the information; individuals and agendas for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent JUL, 9 200 10:51AM MARCUS DENTAL NO 426 P. 3/8 IwInnesots'Lawfid Gambling. Page 1 C92 LG240B Application to Cofiduct Excluded INIng• (No fee) 11X4 wRhacxx*jfhktheststeIhk, oradvicaddxadonIfItIscomkztedan 12ortvwcomm0wedaysinawlerdwyear. Ifyour arambmdmhatbamiowaodarommobdintheaxnmtGakndwvoar.vwarermtdkdWebamtvibrowkxledbhwo- Orpnization InfanTMon Organbcadonlegal name PfevIcus ficense orpwmInumber, Ifohy OtIV-E Lzffi&&0,y\ U0QCAe\ Y)AOU-,Ai sirset Cky Sbft V-nItIj- Type. of nonma omnkiadon (d" orwsk 11nomal Raslow Veterans ❑ odw Imp,olft w9aftwoon r-I Now* Aftes of lr=fpmft or Cadicals of Giood Sbnft • MW=* 5eastary of State's oraw InWM Rrmm SwAce mants or pwe* nonproR owuftmum (&MW) Oxcluded Bingo Activity InfbnnW*n Has your organk0on hakl a bhwa &AM In ft assent year? Nq Yes_ ff ym M On daW G* MW wa =W*d The Mw als"two IN we of tworibow bW mmft Wd this year. DO*) of bingo .0R. [3 • The bkWev"willbecomituftd (up to 12=wm*wsft")Iawmw:fionwAhw CwW Fair — DoWs) of bwV event State Fair — DebKoW bow ewt c7nft cowbnow *- Dd*) of 0w ev" A dWo Webreft Is defined as an evert cmkxftd In MinnevAs that b qwmxod by a local unit of pvmnwd kwinaju&dWw0w the F" ', Nam of pmm in dwse oftwe bkw event — IV\VV& - I*iW- aWWnwt (fwd awft WW paper, ltd binp bW skOm dt MUst be pmdwmd from a *wftftr Umnsed by Ift Gambling control Bland. To W a kawd ciftbiwo go tD www4ft6aftamAs and dkkan List efUmnsedDbMtorus. Or call M4X.OM Premises Whom Excluded Kn-46. VAII Be ConducWd Nam of pnerrtises VV,N0 City or wonshlp zo moo County LI JUL-9-2007 MON 11:46AM ID: -4607- I PAGE: 3 .01 *I 1.•1 I* 1w JUL, 9. 2007 10:51AM MARCUS DENTAL LQWS Application to Conduct Excluded Bingo OrwanLwdon ram NO, 426 F. 4/1 'Psg&202 Chief Exectitive OffieWs Signature The Inkarogm pwMed In fts appfiedon is coftgOsU and a=tste to the brat of my kxwiedgfL ULC-1 q -?Aj�JS s4fialare mv"�M Dayam phone nw6w Cr:;;t 4 Ap sia= (pwm prints TVckmA , L , fj1 A-n5 Local Unit of Government Acknowledgment and Appmval tr** ;;Mng prmplon Is wftW My Rmft the city must s1p gdi gd On behalf of the city, I hereby apprcrim Oft appr4ation for weduded bkW a0vily at the Print name of dly premises kcated VOW the ft's W*T"w. sipawre of 4* p0mond reams VIPPOG aKr If the gambling iamnbasix kemled lnaUwn&tI% both tie c*unly and tow F-or-the kmmWjjZ On behiff of the townsKip, I admovAedge that the orgargroW Is applying for excluded bingo activity wftn the WwtWp fimb PriFt nwne at tmwjo A toWnehip has no statutory authorky to approve or spawre of wmw" dW v*wWwgwq aWwpeon deny an appilcadon Mrine9ft St W% 349213 subd. 2)• For ti__ On behalf oi the =wdy, I hereby approve this appr4abon for wduded bmo acbft aft name of OWW at the promises located wk* to county's jwisdiedion. (Signature of am* personnel ;;;;;Q appkeffori) Mall application and aftchmenffs) Send the cornpleted appikafion and a copy of your prod of nonprofft sb" (m W6tuclorts) at least 30 days prior ft ad mty dads to; Gambling Canft Board SuRe 300 South 1711 W. 000W RCL 13 Rosmllw MN 55113 • JUL-9-2007 MON 11:46RM ID: -4608- PAGE:4 46 WALKER PARKING CONSULTANTS Sarah Smith City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Application and certificate for payment Mound Transit Center Walker Commission No. 21- 3338.00 JULY 9.2007 Walker Parking Consultants 1660 S. Highway 100, Suite 350 Minneapolis, MN 55A16 Voice: 952.595.9116 Fax: 952.595.9518 www.walkerporking.com Here is ( 3 ) originals of the application and certificate for payment. AIA Document G702 Pay Application No 4 Respectfully, WALKER PARKING CONSULTANTS Mark Baldiwn P,ee,, , 7-9 -07 001--.. J: \21- 3338 -00 -Mound Transit Center PF \Correspondence \Itr 07907 Smith-09 ord.doc -4609- • LJ • • • • N Co N O t0 N z m-I c D o 0 O O <, o v q Z o CD z a k "4 w a a o -0 ? x CD _ O' -n 0 (U 3 a 3 O 0 Cn O N o z O o N o ci m G) C 0 D CD 0 CD O U) m 0 0 CL ;a -< m n S (n •a N m N v m o 0 0 O N O 0 s < Q CD O o n a a o a T> N m r cn C S v fTP 0 o 0 CD 0 a 3 CD CD 0 0 c v O z co v m v a O z N c y a 0 n o CD S � f CD CD M CD m O ? 7 CD N N o c o O CO a o v cc o < 0 0 CD Qv� m a m C D fir' 0 o -0 o OC v CD m r o �I v O - Fn p 5u CD i o N CD c• a m o c CD 0, m ^°, o v 0 o O Co 07 V 6) C)7 .A w N w 0 -u r -4 -1 -I � x -1 C1 Q o� 0 0 m N � d -m o l 0 --I z z N ,Tl O c '-I vONi m-4 Z m y m° °-'' E'° I'i o o O m o a r �= z 3 8, =,o m o m =" c O CD 'n R m C m m o m n o 0 O O r C 7� z7 07 Z O N C>t o r O In + 0 �mq � d m o m o m O m 0 m °w 0 0 3 0 2 3 N p -p d. 5 'o po v m -+ O N O v o T w w m D N r C �_ Z1 + CD m 1 c f/! 0 CS C� W 0 CD ?r. m C m z o v 0 m m -i N G) v m 0 O -� z °' TO m O + m rn -rA 4A j N ca � o N EA (fl [!i Efl O A � 469 69 °o o°o N t I ! iA 4� ic � n 167 �� II ICA N j ,� toCO o s t i 1 a loo .o ao rn Im o Nis ;b �o CO ico I .co !6) O i0 '',C c n c D o 0 O =_ p7 ? 30. o v q Z o CD z a k "4 o o N. 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C C 'o 0 m 0 o a o OA 0 0 al w N N O O J i r m m D 0 0 0 C ic m z V 0 W m N w O W O cn co pM D � m m 3 n fx 0 m o 0 m — o cn c7 0 z W 0 T CD 0 A A cn n 0 w Dm N o r- 0 mr- n C, m o 0 m 0 CD 0 O 0 D0O W pr-0 +Drn 0 CD co :5 x rw w O O z x o cn p = m ? w m m m FO `° 0 N o O z OU) AD (nm zOM OmZ� D -n o O XO m °o CD m 0 Ozn 10K-j Amcf)v0 �+ O M > A O mmm O 0* +00 0 O 1 71 N N O 0o to ..a A O .. !v n O D to cNi, �Z z 2 � cn m00 N 2 V N O X m w D _ D P. m O O w O s8 6 N C CO o t° p 0 to o ar CD @ 0 0 • o N N O N C O N CD v CL co m 0 a� tr N y 7 �+ N n CD 3 N. N rL O N T 0 .ZJ D m z D 0 ? D m — a 0 0. oo o. C C 'o 0 m 0 o a o OA 0 0 al w N N O O J i r m m D 0 0 0 C ic m z V 0 W m N w O W • Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200, Chaska, MN 55318 Phone: (952) 448 -8838 • Fax: (952) 448 -8805 July 19, 2007 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 Subject: Sinclair Rd. & Baywood Shores Dr. Lift Station Improvements City Project No. PW -07 -05 Award of Bid Dear Mayor and Members of the Council: • Final Plans and Specifications for the Lift Station Project were approved at the June 12, 2007 City Council meeting and the bid date was set for July 19, 2007. A total of five bids were received for this project as follows: Contractor Bid Widmer Construction $268,741.80 Jay Brothers, Inc. $308,269.50 Northdale Construction Co., Inc. $334,510.57 Penn Contracting, Inc. $349,582.00 Engineering & Construction Innovations, Inc. $372,834.00 A bid tabulation is attached for your information which also includes the Engineer's Estimate of $236,055.00. The low bid is 13.8% higher than our estimate but we feel this is still a very good bid and within the scope of total project cost budgeted for this improvement. The site conditions will be rather restrictive for the deep excavations required and this was reflected in all bids received. The project is scheduled for completion late this fall. The low bidder, Widmer Construction, Maple Plain, MN has done a considerable amount of work for the City of Mound and is currently working on the 2007 Street Reconstruction Project as the watermain and Arbor Lane lift station subcontractor. It is our recommendation that the contract be awarded to Widmer Construction LLC in the amount of $268,741.80. • I U1.1 [� If you have any questions or need further clarification of information, please contact me. Sincerely, • Y Bolton & Menk, Inc. Daniel L:- Faulk rr, P� -- - - -- - - -- - -- -- City Engineer cc: Carlton Moore, Director of Public Works n • -4615- O - EyM A C. w o> -2 09 p Z V141 -Vn a D[ [ 000 A +m m-�m ow- wD o Oomm mm m mJ g as 0O �j (III m m p000 m am0°: °° °. 9 O y 00 rammmmm m >0 v« mp0 z m�vvz g m�zmym o °- <mfjzvm �" <����Tm "nPs zZOC -� • m mm�4m poOZpp -i -I Z�mZZ vNOCZizmmmm0 9O00<00 <T- nm <5eyg o�ro0 m DnT� p 22-Di Di Vii D�D D mmo ammym GDZ LZ7mNm mm� m0-DI m {m Oc 00 ?'aan r<mm0y m -im ",m 2,T,, 000 00- m Cm12Sm � ZZ ,n0 {< mAmmsi�mCZA`Lm8 L7y G[_z -rz yzZm OaFi CS C".G �n '8> N ��202 m200 -y xy V'O D9ZG`�D < 2-{ W 9D2 9O9S C { { 3 8 1 T 0 `L a . 0 2 2 m 2 2 v m C m m m m D m O m o m D p o �+ t S g Z m Z ? m '_Im ZZ. X22 m• m *OMM205 W r -ml mmT Sr N 2 5w C C n' mO -O �cm ,n O(/�(/��Z OO -D C w S m m o $ j�j $ g z ��1p N �' x m m�C10N v Z z m m 3 m Sr p 'S m W b Z� W D 9 OCR 0 m w r 0 °1 pO Zz 2-0 W m55 Z Z L1 2 z x a 8 mm Z n O mK O m _ 3@ � U) s o D K'�c T a 3 m i F 9 x z m C 3� a D m ° xx � � w D m -19 mn m _ y le 10 H H X � G m = T NnD am D a = r { {_ _= N r 1 = T rrrOmr m m r mrr= 0000 ➢n zzzz� 00 T - �" -4616- ac F) m m 4 m O c c z H 9 2 F) i a H s 3 s o 0 c c z H C v Z z 1 z s a CITY OF MOUND • RESOLUTION NO. 07 -_ RESOLUTION ACCEPTING BID FOR SINCLAIR (133) AND BAYWOOD SHORES (C3) LIFT STATION IMPROVEMENTS (CITY PROJECT NO. PW- 07 -05) WHEREAS, pursuant to an advertisement for bids for the Sinclair (133) and Baywood Shores (C3) lift station improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Widmer Construction $268,741.80 Jay Bros, Inc. $308,269.50 Northdale Construction $334,510.57 Penn Contracting, Inc. $349,582.00 ECI $372,834.00 AND WHEREAS, it appears that Widmer Construction of Maple Plain, MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1. The Mayor and Clerk are hereby authorized to enter into a contract with • Widmer Construction of Maple Plain, MN in the name of the City of Mound for the Sinclair (133) and Baywood Shores (C3) lift station improvements according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 24th day of July, 2007. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -4617- • � cinr of nnou July 17, 2007 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com TO: Mayor and City Council FROM: Bonnie Ritter RE: American Legion Liquor License — Resolution re- defining premises The American Legion as requested that their liquor license premises be amended to include an outside fenced area (16 x 24) adjacent to the building. • This area was used last year, but inadvertently omitted from the renewal for 200712008. • printed on recycled paper -4618- CITY OF MOUND RESOLUTION NO. 07- • RESOLUTION RE- DEFINING THE PREMISES AND CONDITIONS FOR THE CLUB AND SUNDAY LIQUOR LICENSES ISSUED TO AMERICAN LEGION POST 398 WHEREAS, City Code states that the City Council may impose additional conditions which the City Council considers necessary to and welfare of the community as a whole; and WHEREAS, the City Council adopted Resolution No. 07 -51 establishing the premises as the building located at 2333 Wilshire Blvd; and WHEREAS, the American Legion has requested the premises be expanded to include the fenced -in area adjacent to the building at 2333 Wilshire Blvd; NOW, THEREFORE BE IT RESOLVED that the premises as defined in Resolution No. 07 -51, item 6, be amended to include fenced area adjacent to the building at 2333 Wilshire Blvd, as depicted in Exhibit A, with the following conditions: 1. The depicted outdoor area shall be enclosed by a fence that meets the approval of City Staff. • 2. The outdoor fenced area shall be equipped with a gate device that prohibits entrance directly from outside the building during business hours, but provides an emergency exit from that area (such device to be approved by the Fire Inspector). 3. All other conditions stated in Resolution No. 07 -51, included as Exhibit B, remain in force. The above conditions shall remain in effect as long as the subject liquor licenses and yearly renewals are in effect. Adopted by the City Council this 24th day of July, 2007. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -4619- • I• • 0 17-3/Iky Nor pro- Tl�,Lf+ fie 1 01) (RiVA3�no9 3�JIHS-10 g '00'98 3 .,9L LL-00 S'••., - 4620 i 0 i 1 r fai 1 1 0� 1°'°" 1 I I I; 1 � Z 1? ry I J Q ` 1 O F— 1 I I I [ p{ I 1 CO. l cn W I I W r / , 1J ' � z 1 1 O +\ I I V I - - - - - -- -- � 10 D U) 1 I I i ' \I 1 I I I I 1 JJ, - -1 10 Ip ItD <Li I W J F— IN - - - - - -a -Jw I O ,o Q v LLJ z la, I f _, 100 - ;Z LL— n I ly- L.. U O z 1 C+�J V Mw" W + -- 1 1 W i 1 I � 1 1. o. 1 1 - 4620 i -I I I I I cn p c9 O z O +z ?� r7 T) m r-- 6 �:: /w\ + do _I•:-- a -46 - - -- IJ � L•,TY \- r:• 00'92 M ,.00 ,S I o�- 00 M „9-V ,6 L o00 N 3Nd-1 SS38dJlO I i 1 r fai 1°'°" 1 I 1 � Z 1 � I J I J $ �1 m R I I [ p{ I 1 CO. l 1 , 1 � +\ I I V I i I I - 1 1 I I 1 I I i ' \I 1 I I I I 1 JJ, - -1 1 , 1 <Li I 1 `,1 I I -I I I I I cn p c9 O z O +z ?� r7 T) m r-- 6 �:: /w\ + do _I•:-- a -46 - - -- IJ � L•,TY \- r:• 00'92 M ,.00 ,S I o�- 00 M „9-V ,6 L o00 N 3Nd-1 SS38dJlO Resolution No. 07- Exhibit B CITY OF MOUND RESOLUTION NO. 07 -51 • RESOLUTION DEFINING CONDITIONS FOR THE CLUB AND SUNDAY LIQUOR LICENSES ISSUED TO AMERICAN LEGION POST 398 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; an NOW, THEREFORE BE IT RESOLVED that the Club and Sunday liquor licenses issued to American Legion Post 398 are subject to the following conditions: 1. All signage and banners of any kind must comply with City Code Section 365. 2. No minors are allowed on the premises after 10:00 p.m. 3. The establishment will ensure that the behavior of the customers is not in violation of Minnesota State Statute and City Ordinances concerning liquor use and noise. 4. Customers comply with state statute governing club liquor licenses. 5. There shall be no live outdoor music or entertainment of any kind. 6. There is no consumption of alcohol permitted outside the premises, being the building located at 2333 Wilshire Blvd. 7. The City may amend these conditions if considered necessary to • protect the best interest and welfare of the community as a whole. The above conditions shall remain in effect as long as the subject liquor licenses and yearly renewals are in effect. Adopted by the City Council this 12th day of June, 2007. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -4621- • • 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council City of Mound Planning and Building Department From: Sarah Smith, Community Development Director Date: July 24 2007 Re: City Council members are advised that a REVISED survey and hardcover calculation was received via email from Brad Etherington on Friday, July 20, 2007 after packet preparation regarding the lakeside deck variance for the property located at 4932 Glen Elyn Road. Members are advised that the applicant had the surveyor confirm the lot size of the subject property, which now uses the OHW as the northern boundary, and the applicant has confirmed that the project, following construction, will keep the property within the 40 percent hardcover allowance. CADocuments and Settings \Sarah Smith \My Documents\ Memorandums \2007\memoethednton.doc (44,.i • • • - - - -- Original Message - - - -- From: Brad Etherington To: sarahsmithecityofmound.com ; ieff.miller(d-)hkgi.com Sent: Friday, July 20, 2007 10:05 AM Subject: Re: Brad Etherington - 4932 Glen Elyn Road - Survey Revision July 19th Hello Sarah and Jeff, Attached is our revised survey dated July 19th. The hardcover calculation now uses the OHW as the northern boundry. The survey certificate also indicates this. I am also indicating on the survey, the concrete walk I am planning to remove, as part of this project. The end result is a hardcover calc of 38.7 %, well under the 40 %. Please let me know if you have any questions prior to Tuesday evening. Sincerely, Brad cell No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.476 / Virus Database: 269.10.10/908 - Release Date: 7/19/2007 6:10 PM 7/24/2007 • Established in 1962 •u INVOICE N0. 76367 LOT SURVEYS COMPANY, INC. F.B.NO. 1034 -76 LAND SURVEYORS SCALE: 1" = 20' N REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA o Denotes Iron Monument n 7601 73rd Avenue North (763) 560 -3093 Fax No. 560 -3522 O Denotes Wood Hub Set for excavation only n Minneapolis, Minnesota 55428 x000.0 Denotes Existing Elevation �t IY R� u r u r g II r z T e r t i f i r a t r 000.0 Denotes Proposed Elevation $ yde Denotes Surface Drainage d e c k I I 11.5 NOTE: Proposed grades are subject \ to results of soil tests. Proposed building information BRAD ETHERINGTON must checked with approved building plan and development or y grading plan before excavation o \ a and construction. \ \\ `♦ ` Proposed Top of Block \\ `Cr \ \ Proposed Garage Floor tn•\ `0 Proposed Lowest Floor I ; Type of Building L A K E M l N N E T O N K A N w d water elev 929.6 (June 8th 20071 y _ p 929. 4) 930" roHw face of boulder woll + — "-_��� • ___� and edge of water concrete `3 += pvC inv =931. 13 9"- � - -- found man 32 - found mon� � a -- � 934'• - -I 934.4 o f Garage e •95 fl, o'r ` \947 V8 \ s I 9¢4•. power pole concrete drive 15� — GLEN ELYN ROAD Legal Description: Lot 7, Block 23, SHADYWOOD POINT Benchmark: lop NUt or rtyara ' ar Paradise Lane and Glen Elyyn Road Elevation = 957.24 N.G.V.0. HARDCOVER CALCULATIONS Current Hardcover Calculation Area of concrete = 574 Area of House = 1689 Area of Garage = 440 Area of Deck = 0 Area of Landing = 0 Total Hardcover = 2703 Area of Lot = 7270+ — Percentage of Hardcover = 37.2% Proposed Hardcover Calculation Area of concrete = 463 Area of House = 1689 Area of Garage = 440 Area of Deck = 198 Area of Landing = 24 Total Hardcover = 2814 Area of Lot = 7270 Percentage of Hardcover = 38.7% House Northern boundary is OHW line. �. 4924 .5 944.81 L =3.90 13 The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the al__ location of all buildings and visible encroachments, if any, from or on Signe said land. revised 7 -13-07 Charles F. Anderson, Minn. Reg. No.21753 or Surveyed by us this 8th day of June 2007. revised 7 -19 -07 hardcover Gregory R. Prasch, Minn Reg No. 24992 proposed deck _\ ray c crate^, - - - - --� ! �t IY yde 5.3 d e c k I I 11.5 6.8 \` 30J \� \ \ y \ o \ a \ \\ `♦ ` 8Ei \\ `Cr \ \ H ou\ s\e\ • tn•\ `0 >aoq> j o I ; \ ZNo ;436 9 N w d 36.7 o 9 Ion ® 3 , 5. eq sA ` eh \ '� rst\, `\♦ ` '•938.56\ basin u /low= \ \ o `\ �\f looi \ \� 936.2 U o o f Garage e •95 fl, o'r ` \947 V8 \ s I 9¢4•. power pole concrete drive 15� — GLEN ELYN ROAD Legal Description: Lot 7, Block 23, SHADYWOOD POINT Benchmark: lop NUt or rtyara ' ar Paradise Lane and Glen Elyyn Road Elevation = 957.24 N.G.V.0. HARDCOVER CALCULATIONS Current Hardcover Calculation Area of concrete = 574 Area of House = 1689 Area of Garage = 440 Area of Deck = 0 Area of Landing = 0 Total Hardcover = 2703 Area of Lot = 7270+ — Percentage of Hardcover = 37.2% Proposed Hardcover Calculation Area of concrete = 463 Area of House = 1689 Area of Garage = 440 Area of Deck = 198 Area of Landing = 24 Total Hardcover = 2814 Area of Lot = 7270 Percentage of Hardcover = 38.7% House Northern boundary is OHW line. �. 4924 .5 944.81 L =3.90 13 The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the al__ location of all buildings and visible encroachments, if any, from or on Signe said land. revised 7 -13-07 Charles F. Anderson, Minn. Reg. No.21753 or Surveyed by us this 8th day of June 2007. revised 7 -19 -07 hardcover Gregory R. Prasch, Minn Reg No. 24992 CITY OF MOUND LAKE MINNETONKA CONSERVATION DISTRICT YEAR ANNUALDUES 2002 $18,791.76 2003 $19,793.20 5.33% 2004L $19,940.00 0.74% 2005 $21,013.00 5.38% 2006 $22,024.00 4.81% 2007 $23,639.00 7.33% 2008 $24,548.00 3.85% 0 0 Executive Summary Hoisington Koegler Group Inc. TO: Mound City Council, Planning Commission and Staff FROM: Jeff Miller, Consulting City Planner DATE: July 19, 2007 HK 3i SUBJECT: PC Case #07 -15, 4932 Glen Elyn Road Variance to Expand Nonconforming Deck The Planning Commission reviewed this, case at their July 9th meeting where a motion for approval of the variance was recommended. Both Staff and Planning Commission are recommending approval of the request. Members of the Council are advised that a resolution based on the Planning Commission recommendation has been prepared. It should be noted that the applicant has submitted a revised lot survey, dated July 13, 2007. The hardcover calculations were revised slightly and proposed hardcover calculations were added to the survey. The revised calculation for existing hardcover is 36.9% versus the 38.7% shown on the previous survey. For existing lots of record, City Code Section 350.645 Subd 1 permits hardcover or impervious surfaces up to a maximum of 40 percent so the existing lot and structures are meeting this regulation. The applicant has completed a recent rip -rap project along the lot's shoreline which is reflected on the revised survey. The proposed hardcover calculation is 39.9 %. The applicant had originally submitted do -it- yourself design information that appeared to meet the definition of an open deck design, which requires a minimum of t /4" openings between boards and a pervious surface beneath the deck. Condition #1 of the Planning Commission recommendation required that the replacement deck be constructed with an open deck design as defined above. Following the Planning Commission meeting, the applicant clarified that the design of the deck would use 1/8" openings between boards, so the survey was revised to reflect the addition of the replacement deck as hardcover. The applicant is still planning to remove the concrete beneath the existing deck, which will benefit the lot's stormwater filtration capacity. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -4622- • RESOLUTION # 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 4932 GLEN ELYN ROAD P & Z CASE # 07-15 PID # 13- 117 -24 -11 -0082 WHEREAS, the applicants, Brad and Dina Etherington, have submitted a request for a variance to allow them to replace and expand a non - conforming attached deck, which is in poor condition, at their home located at 4932 Glen Elyn Road; and WHEREAS, this existing lot of record has shoreline frontage on Lake Minnetonka along its rear lot line and the City's Shoreland Management Zoning Ordinance (Section • 350.1225 Subd 3.A.1) requires that all structures have a minimum setback of 50 ft. from the Ordinary High Water Level (OHWL), which is defined as 929.4 ft for Lake Minnetonka, and the existing attached deck is located 40 ft. from the OHWL at its closest point; and WHEREAS, the property, according to Hennepin County data, currently has a one -story frame house and detached one -car garage, which were built in 1918; and WHEREAS, the applicants are requesting to replace and expand the existing non - conforming wood deck, which has an irregular shape and size, by squaring it off to create a more usable outdoor dining space; and WHEREAS, 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; and WHEREAS, Section 350.440 Subd 3.0 provides that decks, balconies, and the like, attached to the principal building which extend in elevation above the height of the ground floor elevation of the principal building shall not be considered to be encroachments on yard setback requirements, however, on lakeshore lots, this same provision states that such structures shall comply with the lakeshore setback of the principal structure; and • -4623- WHEREAS, in addition, to the existing deck being a non - conforming structure, • the existing detached garage is a non - conforming structure because it does not meet required minimum setbacks for front yard (20 ft) and side yard (4 ft); and • WHEREAS, the subject lot, which is located within the Shoreland Management Overlay Area, is approximately 7,179 sq ft in area which exceeds the minimum lot size of 6,000 sq ft for an existing lakeshore lot of record in the R -1A zoning district but does not meet the required minimum lake frontage requirement of 50 feet for lakeshore lots of record; and WHEREAS, no comments were received from the DNR regarding the variance request relating to the OHWL structure setback; and WHEREAS, Zoning Ordinance Section 350.440 Subd 3.0 provides that decks shall not extend beyond side yard accessory building setbacks, which is four (4) feet of the side lot line in the rear yard per Section 350.435 Subd 5.A, and at its closest point to the side lot line, the existing deck is 6.5 ft from the side lot line in the rear yard and the applicants are not proposing any change to the side yard setback; and WHEREAS, the existing deck has an irregular shape and size that is nine (9) ft in width for approximately 2/3 of its length, which is 16.5 ft, and 12 ft in width for the remaining 1/3 of its length and the variance application states that the width and irregular shape of the existing deck does not allow enough space to accommodate four people sitting around a typical size table on the deck; and WHEREAS, Zoning Ordinance Section 350.420 Subd 2 provides that non- conforming structures are allowed to be replaced as long as the non - conformity is not expanded or intensified; and WHEREAS, a twelve (12) foot width is a typical minimum width for defining usable outdoor space and for accommodating typical uses of raised outdoor decks and thhe applicants are proposing to replace the irregular shaped deck with a rectangular 12' x 16.5' that would not extend closer to the OHWL than the closest point of the existing deck and although the applicants' proposed expansion of the existing deck would expand the area of the non - conformity, it wouldn't extend the deck closer than the closest point of the existing deck to the OHWL; and WHEREAS, the applicants have submitted a revised lot survey, dated July 13, 2007 that shows existing hardcover calculated at 36.9% and proposed hardcover calculated at 39.9 %, which meet the maximum hardcover requirement of 40 percent, and includes the proposed deck as hardcover since the design will use 1/8" space between the deck boards; and WHEREAS, Staff has reviewed the application and recommended approval of the variance with conditions; and WHEREAS, the Planning Commission has reviewed the application and has recommended approval of the variance for this existing lot of record with the following findings of fact: -4624- 1. By "squaring up" and expanding the width of a portion of the deck, which is • irregular in shape and size, from 9 ft to 12 ft, the variance requested is the minimum variance which would alleviate the hardship. 2. A twelve (12) foot width is a typical minimum width for defining usable outdoor space and for accommodating typical uses of raised outdoor decks. The literal interpretation of the provisions of the City's ordinance would deprive the applicants of the right to replace their existing raised deck, which is irregular in shape and size (9 ft width), with a slightly expanded raised deck that is typical in shape and size (12 ft width). 3. The expanded deck is not being extended any further into the required 50 ft shoreline setback than the closest point of the existing deck, which is 40.0 ft from the OHWL. 4. The conditions of City Code Chapter 350.530 are being met. 5. The proposed deck expansion, which will have an open deck design with a pervious surface beneath, will replace an existing impervious concrete path, so it will maintain impervious surface coverage on the lot. 6. This non - conforming lot is narrow for a lakeshore lot with a lake frontage width of 43.15 ft versus the 50 ft minimum lot width required for R -1A lakeshore lots. 7. The applicants have discussed their deck remodel plans with their neighbors and • state that these neighbors, including the two properties to the east and two properties to the west, are supportive of the requested variance. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the variance to replace and expand a non - conforming attached deck, which does not meet the minimum setback of 50 ft. from the OHWL, as requested by the applicant with the following conditions: 1. Hardcover area on the lot shall be limited to 40 percent or less and only decks designed with a minimum of 1/" between boards with a pervious surface beneath shall not be counted as hardcover. 2. Applicant shall submit an as -built survey after completion of the deck replacement project to confirm the deck setbacks and hardcover calculations for lot. 3. Applicant shall be responsible for payment of all costs associated with the variance request. 4. No future approval of any development plans and /or building permits is included as part of this action in the event the variance application is approved. 5. Applicant shall be required to submit all required information upon submittal of • the building permit application. -4625- • 6. Applicant shall be responsible for procurement of any and /or all permits. 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 July 24, 2007 Attest: City Clerk • • Mark Hanus, Mayor -4626- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION JULY 9, 2007 CASE #07 -15 VARIANCE FOR LAKESIDE DECK REPLACEMENT 4932 GLEN ELYN RD BRAD ETHERINGTON Applicant is requesting approval of a variance to allow them to replace and expand a non - conforming attached deck, which is in poor condition. The existing deck is located 40.0 feet from the OHWL at its closest point. The whole lot is wrought with non conformities. Decks, in general, are not considered to be encroachments on yard requirements, except for the shoreland requirement of 50 feet. Twelve feet is usually considered a standard minimum for deck size. Hardcover is conforming at 38% and would improve with the w deck plan. Staff is recommending approval with the 5 lors if . ns listed in the planning report. Brad Etherington (4932 Glen Elyn): The te_eltZack. are in favor of the plan. The deck wouldn't encroach any further into th MOTION by Michael, seconded b a Isen, to recommend Council approve the • variance as recommended by staff Discussion Michael indicated that the size is not as small as it could be and still be comfortable. Burma thought that a 10 foot deck would be adequate. MOTION carried. Voting for: Paulsen, Ebert, Skinner, Stevens and Claywell. Voting against: Burma, Ayaz and Michael • -4627- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: July 24 2007 Re: t�e�tt City Council members are advised that a REVISED survey and hardcover calculation was received via email from Brad Etherington on Friday, July 20, 2007 after packet preparation regarding the lakeside deck variance for the property located at 4932 Glen Elyn Road. Members are advised that the applicant had the surveyor confirm the lot size of the subject property, which now uses the OHW as the northern boundary, and the applicant has confirmed that the project, following construction, will keep the property within the 40 percent hardcover allowance. CADocuments and Settings \Sarah Smith \My Documents\ Memorandums \2007\memoethednton.doc - - - -- Original Message - - - -- From: Brad Etherington To: sarahsmith(cDcityofmound.com ; ieff.miller(cDhkgi.com Sent: Friday, July 20, 2007 10:05 AM Subject: Re: Brad Etherington - 4932 Glen Elyn Road - Survey Revision July 19th Hello Sarah and Jeff, Attached is our revised survey dated July 19th. The hardcover calculation now uses the OHW as the northern boundry. The survey certificate also indicates this. I am also indicating on the survey, the concrete walk I am planning to remove, as part of this project. The end result is a hardcover calc of 38.7 %, well under the 40 %. Please let me know if you have any questions prior to Tuesday evening. Sincerely, Brad cel I No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.476 / Virus Database: 269.10.10/908 - Release Date: 7/19/2007 6:10 PM 7/24/2007 Established in 1962 LOT SURVEYS COMPANY, INC LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue North (763) 560 -3093 Fax No. 560 -3522 Minneapolis, Minnesota 55428 �urvP>�urs C�rrtifirtttP BRAD ETHERINGTON L A K E M/ N N E T O N K A water elev 929.6 (June 8th 2007) 929.4) 93O - --OHW _ face of boulder wall + — and edge of water ZI rconcrete 3 += "pvc i-931. 13 found man �I chi Ipower pole 944.81 L =3.90 GLEN ELYN ROAD Legal Description: Lot 7, Block 23, SHADYWOOD POINT INVOICE N0. 76,367 F.B.NO. 1034 -76 SCALE: 1 " = 20' O Denotes Iron Monument O Denotes Wood Hub Set for excavation only x000.0 Denotes Existing Elevation 000.0 Denotes Proposed Elevation E — Denotes Surface Drainage NOTE: Proposed grades are subject to results of soil tests. Proposed building information must be checked with approved building plan and development or grading plan before excavation and construction. Proposed Top of Block Proposed Garage Floor Proposed Lowest Floor Type of Building Benchmark: Top Nut of Hydrant at Paradise Lane and Glen Elyn Road Elevation = 957.24 N.G.V.D. HARDCOVER CALCULATIONS Current Hardcover Calculation Area of concrete = 574 Area of House = 1689 Area of Garage = 440 Area of Deck = 0 Area of Landing = 0 Total Hardcover = 2703 Area of Lot = 7270+ — Percentage of Hardcover = 37.2% Proposed Hardcover Calculation Area of concrete = 463 Area of House = 1689 Area of Garage = 440 Area of Deck = 198 Area of Landing = 24 Total Hardcover = 2814 Area of Lot = 7270 Percentage of Hardcover = 38.7% Northern boundary is OHW line The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and visible encroachments, if any, from or on Signe said land. revised 7 -13 -07 Charles Surveyed by us this 8th day of June 2007. revised 7 -19 -07 hardcover Gregory F. Anderson, Minn. Reg. No.21753 or R. Prasch, Minn Reg No. 24992 Page 1 of 1 Cornh Smith • From: "Brad Etherington" To: < sarahsmith @city6fm6und.ct;ff55" Sent: Monday, July 16, 2007 8:55 AM Attach: Glen Elyn Survey Revision 20070713.pdf Subject: Brad Etherington - 4932 Glen Elyn Road - Survey Revision for council meeting Good morning Sarah, Our survey has been revised July 13th and signed. Please see attached. This document is to scale. If you print on 11X17, it is to scale. I reviewed the hardcover calculations with the survey team and we posted the current calculation and the proposed calculation on the certificate. We are under the 40 %, even with counting the deck as hard cover, since we plan to use 1 /8th inch gaps between the boards. I have shown the wood landing on the side of the house (not part of the variance request) also part of the hard cover calculation, due to the 1 /8th inch gap of top boards. I plan to remove the concrete underneath the deck, even though it is not necessary. It makes good sense to do so, to help with absorbtion and filtration. I just received this updated survey this morning and wanted you to have it ASAP in order to include with the packets to be sent out to the council members. • 1 will call to confirm your receipt and ask if you have any questions. • Both my wife and I plan to be at the council meeting next Tues night the 24th. Sincerely, Brad No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.476 / Virus Database: 269.10.6/902 - Release Date: 7/15/2007 2:21 PM -4628- 7/16/2007 Established in 1962 LOT SURVEYS COMPANY, INC. N0.10346767 F.BNOE LAND SURVEYORS SCALE: 1" = 20' REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA o Denotes Iron Monument 7601 73rd Avenue North (763) 580 -3093 O Denotes Wood Hub Set Fax No. 560 -3522 for excavation only Minneapolis, Minnesota 55428 x000.0 Denotes Existing Elevation 3 u r u r g a r s (E )Denotes Proposed Elevation E Denotes Surface Drainage NOTE: Proposed grades are subject ♦ to results of soil tests. ZAD ETHERINGTON Proposed building information must be checked with approved door`\ \♦ building plan and development or grading plan before excavation and construction. Proposed Top of Block Proposed Garage Floor Proposed Lowest Floor L A K E M/ N N E T O N K A Type of Building found d e c k MOU' No. `49 water elev 929.6 (June 6th 2007) Y = W X979 face of boulder wall+ - 5� and edge of water concrete 3+- unpvc inv-9J 1. 13 _ fod man 9)4.4 proposed deck re— h 7 Cte � mb Ipower pole \ \- \ M �' \\ \`� ° \`♦ House 0 o `\ °c $ No. s - `\ 4924 9)6.7 ` e catch ♦ basin \ ` door`\ \♦ 936.2 ` 30.7 ` \ I' - drive 944.81 curb GLEN ELYN ROAD L =8.90 Legal Description: Lot 7, Block 23, SHADYWOOD POINT The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and visible encroachments, if any, from or on said land. Surveyed by us this Bth day of June 2007. revised 7 -13 -07 -4629- Benchmark: Top Nut of Hydrant at Paradise Lane and Glen Elyn Road Elevation = 957.24 N.G.V.D. HARDCOVER CALCULATIONS Current Hardcover Calculation Area of concrete = 574 Area of House = 1689 Area of Garage = 440 Area of Deck = 0 Area of Landing = 0 Total Hardcover = 2703 Area of Lot = 7330+ — Percentage of Hardcover = 36.9% Proposed Hardcover Calculation Area of concrete = 574 Area of House = 1689 Area of Garage = 440 Area of Deck = 198 Area of Landing = 24 Total Hardcover = 2925 Area of Lot = 7330 Percentage of Hardcover = 39.99 Charles F. Anderson. Minn. Reg. No. 21753 orl Gregory R. Presch, Minn Reg No. 24992 U w N N n N U • *I 0I jn d e c k I 11:5 36 . Area of House = 1689 so 7 � Area of Garage =440 Area of Deck - 198 Area of Landing = 24 Total Hardcover = 2925 Area of lot = 7330 Percentage of Hardcover = 39.9% House No. 49 Legal Description: Lot 7, Block 23, • •� `�, Established in 1962 U INVOICE NO. 76367 LOI SURVEYS COMPANY, INC. F.B.NO. 1034 -76 936.7 LAND SURVEYORS SCALE: 1 = 20' M N REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA o Denotes Iron Monument 7601 73rd Avenue North (763) 560 -3093 Fax No. 560 -3522 p Denotes Wood Hub Set v� for excavation only o Minneapolis, Minnesota 55428 x000.0 Denotes Existing Elevation 3 r u r n r s P r t i f i r ix t o 000.0 Denotes Proposed Elevation u u Denotes Surface Drainage NOTE: Proposed grades are subject to results of soil tests. 19441.5 Proposed building information must be checked with approved MD HERINGTON building plan and development or grading plan before excavation and construction. Proposed Top of Block Proposed Garage Floor Proposed Lowest Floor Type of Building L A E M/ N N E T O N K A water elev 929.6 (June 8th 2007) 930 a'M- 929.4) ONW — face of boulder wall + — " and edge of water Benchmark: Top Nut of Hydrant of Paradise Lane and Glen Elyn Road 932 -_- __' :::_� -� - "pvc inv =93t. 13 concrete 3 +- found man Elevation = 957.24 N.G.V.D. found -= stone wal blk.wol HARDCOVER CALCULATIONS Current Hardcover Calculation 934 4 ; 6- Area of concrete - 574 v .g3 Area of House = 1689 Area of Garage = 440 Area of Deck = 0 h proposed geck- _� �' Area of Landing = 0 Total Hardcover - 2703 11 tn, j 6' • 1 are Area of Lot = 7330+ - Percentage of Hardcover = 36.9% -- --j c 6. �N �� Proposed Hardcover Calculation 15 3 Area of concrete = 574 d e c k I 11:5 36 . Area of House = 1689 so 7 � Area of Garage =440 Area of Deck - 198 Area of Landing = 24 Total Hardcover = 2925 Area of lot = 7330 Percentage of Hardcover = 39.9% House No. 49 Legal Description: Lot 7, Block 23, • •� `�, o"qqi,, �' douse No. 4924 ��� 936.7 u catch beein flow! �` \ i0.7 13.0 19441.5 ;1 �- concrete —"'— drive •+�4-8 944.81 curb L =3.90 GLEN ELYN ROAD POINT The only easements sh wn are from plats of record or information Iprovided by client. L We hereby certify that this is a true and correct representation of a survey of the bound ries of the above described land and the location of all buildin s and visible encroachments, if any, from or on Signe said land. Charles F. Anderson, Minn. Reg. No.21753 or Surveyed by us this 8 h day of June 2007. revised 7 -13 -07 Gregory R. Prasch, Minn Reg No. 24982 -4630- 5341 Maywood Road City of Mound Mound, MN 55364 (952) 472 -3190 Planning . - - • PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Jeff Miller, Staff Planning Consultant DATE: July 3, 2007 MEETING DATE: July 9, 2007 REQUEST: Variance — Expansion of Non - Conforming Deck from OHWL Setback OWNER/APPLICANT: Brad and Dina Etherington PLANNING CASE NUMBER: 07 -15 HKGi FILE NUMBER: 07 -08 LOCATION: 4932 Glen Elyn Road PID: 13- 117 -24 -11 -0082 ZONING: Single Family Residential (R -1A) District COMPREHENSIVE PLAN: Low Density Residential BACKGROUND Brad and Dina Etherington have submitted an application requesting approval of a variance to allow them to replace and expand a non - conforming attached deck, which is in poor condition, at their home located at 4932 Glen Elyn Road. This lot, which includes a one -story frame house (1,689 sq ft) and detached two -car garage, has shoreline frontage on Lake Minnetonka along its rear lot line. The City's Shoreland Management Zoning Ordinance (Section 350.1225 Subd 3.A.1) requires that all structures have a minimum setback of 50 ft. from the Ordinary High Water Level (OHWL), which is defined as 929.4 ft for Lake Minnetonka. The applicants have submitted an updated lot survey, which is dated June 8, 2007 that shows the existing attached deck, at its closest point to the shoreline, located 40.0 ft from the OHWL, which makes the deck a non - conforming structure. In fact, a majority of the existing deck is located closer than the required 50 ft. setback from the OHWL. PROJECT OVERVIEW The applicants are requesting to replace and expand the existing non - conforming wood deck, which has an irregular shape and size, by squaring it off to create a more usable outdoor dining space. The requested variance is outlined below: C� -4631- • Existin Proposed Required Variance Structure Setback from OHWL 40.0 ft 40.0 ft 50 ft 10.0 ft 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 around June 12, 2007. NOTIFICATION City policy requires that abutting property owners are notified of variance requests by mailed notice. Members of the Planning Commission are advised that this activity was completed on or about July 5, 2007. • CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to applicable City departments for review and comment. All written comments received to date have been summarized below: Public Works Supt. Skinner No objections. Parks Supt. Fackler Building Official Waldron & Assoc Plan /Eng. Coordinator Hanson Comm. Dev. Director Smith • No comments necessary. Plan review and building permit required. -4632- No objections with request. If approved, written notification be provided to Mn /DNR per shoreland regulations contained in City Code. DISCUSSION • 1. The City's Shoreland Management Zoning Ordinance (Section 350.1225 Subd 3.A.1) requires that all structures have a minimum setback of 50 ft. from the Ordinary High Water Level (OHWL), which is defined as 929.4 ft for Lake Minnetonka. Section 350.440 Subd 3.0 provides that decks, balconies, and the like, attached to the principal building which extend in elevation above the height of the ground floor elevation of the principal building shall not be considered to be encroachments on yard setback requirements. However, on lakeshore lots, this same provision states that such structures shall comply with the lakeshore setback of the principal structure. According to the submitted lot survey, the existing attached deck, at its closest point to the shoreline, is located 40.0 ft from the OHWL and, at its furthest point from the shoreline, is located 42.7 ft. from the OHWL. In fact, a majority of the existing deck is located closer than the required 50 ft. setback from the OHWL and is therefore a non - conforming structure. 2. In addition to the existing deck being a non - conforming structure, the existing detached garage is also a non - conforming structure because it does not meet required minimum setbacks for front yard (20 ft) and side yard (4 ft). 3. No comments were received from the DNR regarding the variance request relating to the OHWL structure setback. The subject lot, which is located within the Shoreland Management Overlay Area, is approximately 7,179 sq ft in area which exceeds the minimum lot size of 6,000 sq ft for a lakeshore lot of record • but does not meet the minimum require lakeshore width requirement of (50) feet. 4. Zoning Ordinance Section 350.440 Subd 3.0 provides that decks shall not extend beyond side yard accessory building setbacks, which is four (4) feet of the side lot line in the rear yard per Section 350.435 Subd 5.A. At its closest point to the side lot line, the existing deck is 6.5 ft from the side lot line in the rear yard and the applicants are not proposing any change to the side yard setback. 5. The existing deck has an irregular shape and size that is nine (9) ft in width for approximately 2/3 of its length and 12 ft in width for the remaining 1/3 of its length. The length of the existing deck is 16.5 ft. The variance application states that the width and irregular shape of the existing deck does not allow enough space to accommodate four people sitting around a typical size table on the deck. A twelve (12) foot width is a typical minimum width for defining usable outdoor space and for accommodating typical uses of raised outdoor decks. The applicants are proposing to replace the irregular shaped deck with a rectangular 12' x 16.5' that would not extend closer to the OHWL than the closest point of the existing deck, which is 40 feet. Zoning Ordinance Section 350.420 Subd 2 provides that non - conforming structures are allowed to be replaced as long as the non - conformity is not expanded or intensified. Although the applicants' proposed expansion of the existing deck would also expand the area of the non- conformity, it wouldn't extend the deck closer than the closest point of the • existing deck. -4633- • 6. The applicants submitted a Hardcover Calculations form that calculates the lot's existing hardcover at 38.7 %. Section 350.645 requires that impervious surface coverage of lots in residential zones shall not exceed 30 percent of the lot area. On existing lots of record, impervious coverage may be permitted up to a maximum of 40 percent consistent with the specific techniques are utilized, as outlined in Zoning Ordinance Section 350.1225 Subd 6.13.1. A plan must be submitted and approved by the Building Official. Open decks with a minimum' /" opening between boards and a pervious surface underneath are not counted as hardcover. The applicants have submitted do- it- yourself deck design information showing a deck constructed of wood beams and deck boards supported by posts and concrete piers, which would appear to meet the definition of an open deck design. 7. The proposed deck expansion, which will have an open deck design with a pervious surface beneath, will replace an existing impervious concrete path, so it will reduce impervious surface coverage on the lot. RECOMMENDATION Staff recommends that the variance be approved for the expansion of a non - conforming attached deck for the property located at 4932 Glen Elyn Road so as to allow the existing deck, which is in poor condition and irregular in shape and size, to be replaced • and expanded to be made more usable, subject to the following conditions: 1. Construction of replacement deck shall meet definition of open deck design, including a minimum '/4" opening between boards and a pervious surface beneath. 2. Applicant shall be responsible for payment of all costs associated with the variance request. 3. No future approval of any development plans and /or building permits is included as part of this action in the event the variance application is approved. 4. Applicant shall be required to submit all required information upon submittal of the building permit application. 5. Applicant shall be responsible for procurement of any and /or all permits. In recommending approval of the requested variance, Staff offers the following findings of fact: 1. By "squaring up" and expanding the width of a portion of the deck, which is irregular in shape and size, from 9 ft to 12 ft, the variance requested is the • minimum variance which would alleviate the hardship. -4634- 2. A twelve (12) foot width is a typical minimum width for defining usable outdoor space and for accommodating typical uses of raised outdoor decks. The literal interpretation of the provisions of the City's ordinance would deprive the applicants of the right to replace their existing raised deck, which is irregular in shape and size (9 ft width), with a slightly expanded raised deck that is typical in shape and size (12 ft width). 3. The expanded deck is not being extended any further into the required 50 ft shoreline setback than the closest point of the existing deck, which is 40.0 ft from the OHWL. 4. The conditions of City Code Chapter 350.530 are being met. 5. The proposed deck expansion, which will have an open deck design with a pervious surface beneath, will replace an existing impervious concrete path, so it will reduce impervious surface coverage on the lot. 6. This non - conforming lot is narrow for a lakeshore lot with a lake frontage width of 43.15 ft versus the 50 ft minimum lot width required for R -1A lakeshore lots. • 7. The applicants have discussed their deck remodel plans with their neighbors and state that these neighbors, including the two properties to the east and two properties to the west, are supportive of the requested variance. UPCOMING MEETING DATE. If a recommendation is received at the July 9, 2007 Planning Commission meeting, it is anticipated that the variance will be forwarded to the July 24, 2007 City Council meeting. Applicant is advised that this date is tentative and therefore subject to change. • -4635- M ,ii' q4 VARIANCE APPLICATION 5341 Maywood Road, Mound, MN 55364 w Phone 952 - 472 -0600 FAX 952 -472 -0620 Application Fee and Escrow Deposit required at time of application. Planning Commission Date -T C4 ZY Case No. 0 -1 City Council Date Z L! L %� Please type or print legibly SUBJECT Address 3 Z GLEN L�N �Dj 7,� PROPERTY Block Z 3 LEGAL Lot DESC. Subdivision �T/ �� 0 1A F PID# 1-3- 1 t% --2y —It — 068 Z Plat# ZONING' "DISTRICT R -1 R -1A R -2 R -3 B -1 B -2 B -3 PROPERTY Named r4'� ��'l7 �mx OWNER 11932 C�L�i� '6'o' 'CDC' 7 Address Phone H Fax APPLICANT Name (IF OTHER Address THAN OWNER) Phone Home Work Fax 1. Has an application ever bee ma a 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 resoluti ns. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): 0 Variance Information '(811:2/2007) Page 4 of 6 uZ'4k -4636- Case No. 3. Do the existing structures comply with all rea, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No If no, specify each non - conforming use (describe for variance request, i.e. setback, lot area, e c.): ry d uti t2 5u PPF_X 't^St,)_E o v AEGk. 'BACKS: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: (N S E W) Side Yard: (N S E W) ft. Side Yard: (N S E W) ft, ft. ft Rear Yard: (N S E W) ft, ft. ft Lakeside: (N S E W) ft, ft. ft (NSEW) ft. ft. ft. Street Frontage: ft. ft. ft Lot Size: sq ft sq ft sq ft Hardcover: sq ft sq ft sq ft 4. Does the present use f the property conf to all regulations for the zoning district in which it is located? Yes ( ), No/ lhi specify each non- conforming use: F is /AJl: � h/LA6 e_- , FXW-tAJ,4 0477ej 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: ( ) topography ( ) drainage shape ( ) soil (existing situation ( ) other: specify • 101 - - r.. . _w i v. 1011 (/Ir . T64AI Do E-s Noff- C/4u. F&vz- 4-D ✓ANCW6 l MT57- F X 13-1 JG Fwz mom s ' nosy Polwrr lNp�, oer54 ,�. . Variance Information (6112t2oo7) Page 5 of 6 -4637- Case No. _1 • 6. Was the hardship described above created by the action of any ne having property interests in the Land after the zoning ordinance was adopted (1980? Yes O, N If yes, explain: 7. Was the ha dsh' created by any other man -made change, such as the relocation of a road? Yes ( ), No . If yes, explain: 16 8. Are the conditions f Vardship for which you request a variance peculiar only to the property described in this petition? Yes IK No ( ). If no, list some other properties which are similarly affected? 9. Comments: 1!7w A�Fj ' 5 gpj 51 Des ' �44 -/J` D N`�1Ge41&X� S %�tJb X6 5 �d N yry f3o? SET S $c-c -i An,t1.F 5, AA1r . GJC-- XLL 7�/s 722 i� f1- "TiFf7�c e�itf t�tL- V rDE -A.47 MA. ,l 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. / �EL'gnature_ Date QGuNE/L / XA04Z -XA1T- / ,4 nnftSignature 6LA Date `� i Z cs • Variance Information (6/12/2007) Page 6 of 6 Established in 1962 LOT SURVEYS COMPANY, INC. F.BIO. NO. 103476367 N LAND SURVEYORS SCALE: i° = 20' REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 0 Denotes Iron Monument 7601 73rd Avenue North (763) 560 -3093 o Denotes Wood Hub Set Fax No. 560 -3522 for excavation only Minneapolis, Minnesota 55428 x000.0 Denotes Existing Elevation § n r u P LJ a r s Cpl P r t i f i r a t P OOO.r7 Denotes Proposed Elevation Denotes Surface Drainage NOTE: Proposed grades are subject to results of soil tests. Proposed building information BRAD ETHERINGTON must be checked with approved building plan and development or grading plan before excavation and construction. Proposed Top of Block Proposed Garage Floor Proposed Lowest Floor L A K E M I N N E T O N K A Type of Building L =;J.yO GLEN ELYN ROAD Legal Description: Lot 7, Block 23, SHADYWOOD POINT Benchmark: Top Nut of Hydrant at Paradise Square and Glen Elyn Lane Elevation = 957.24 N.G.V.D. ;DCOVER CALCULATIONS of concrete - 608 sq ft of House = 1689 aq ft of Garage = 440 sq ft Hardcover 2777 eq ft Lot =7179+ —sgft ige of hardcover a 38.7% The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and visible encroachments, if any, from or on Sig said land. Charles F. Anderson, Minn. Reg. No.21753 or Surveyed by us this 8th day of June 2007. Gregory R. Prasch, Minn Reg No. 24992 -4639- lei *1111 ♦ Established in 1962 INVOICE NO. 76-- — 367" — LOT SURVEYS COMPANY, INC. 1034206 House•♦ SCALE: 1,, LAND SURVEYORS N REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA (763) 560 -3093 o Denotes Iron Monument ❑ Denotes Wood Hub Set 7601 73rd Avenue North Fax No. 560 -3522 for excavation only a Minneapolis, Minnesota 55428 x000.0 Denotes Existing Elevation 000.0 Denotes Proposed Elevation @ j u r u p 1J D r 8 CAS p r t i f i r tt f P �� Denotes Surface Drainage �♦ ♦ ♦\ t1) NOTE: Proposed o eu s of object soil tests. 1 Proposed building information be checked with approved BRAD ETHERINGTON must building pion lan before vexca ation r grading p cretf and construction. r Proposed Top of Block Proposed Garage Floor o Proposed Lowest Floor 30.7 Type of Building L A K E M I N N E T O N K A Y water elev 929.6 (Oho .929. 4) 9.3r7 y�`'•.- _ ._ ,,,, `` - - --u ��,� ' f ,footer. P3 Benchmark: Top Nut of Hydrant of paradise Square and Glen Elyn Lone Elevation = 957.24 N.GV.D. ♦ ugJ ♦ ♦\ \ ♦♦ \ found mon ', - -- House•♦ -- - No. 4936 �\♦ % ;' 4 _ 934'' 934. 4 v proposed deck -= –% �♦ ♦ ♦\ t1) \�firsti 1 ♦ Mc ♦ cretf ♦ \♦♦ r d e c k i o 11.5 36• 30.7 ♦ ugJ ♦ ♦\ \ ♦♦ \ C' \ ♦♦ ♦u- N House•♦ No. 4936 �\♦ % ;' ♦ \•N ♦♦ \♦ _. w l Ion c4nq` ` �♦ ♦ ♦\ \�firsti ♦♦ \ ♦ o u ♦ ♦ \♦♦ ♦ ;1m ♦♦ coot tilevei .9' ♦ \22\ Garage glee Power pole concrete drive , n v -931. mon % � N ♦ A �\ p N ♦ \1\ii uq''6 3 ♦♦\ ; ao 936.7 �♦ cdtch ♦♦ ♦ o basin ♦♦ u flaw2 .♦ �♦ 936.2 7 ♦� ,rr GLEN ELYN ROAD Legal Description: Lot 7, Block 23, SHADYWOOD POINT HARDCOVER CALCULATIONS Area of concrete = 608 sq ft Area of House 1689 sq ft Area of Garage = 440 sq ft Total Hardcover = 2777 sq ft Area of Lot = 7179 +– sq ft Percentage of hardcover = 38.7% House �. 4924 1.5 L - - 944.61 L =3.90 The only easements shown are from plats of record or information 1' vided by client. hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and visible encroachments, if any, from or on said land. Surveyed by us this 8th day of June 2007. Si 9 Charles F. Anderson, Minn. Reg. No.2171 Gregory R. Prasch, Minn Reg No. 24992 off-11112 ,A PIF-Asp- SEE se-CA v ; HARDCOVER CALCULATIONS CAZ (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDESS: �1 7 3 z OWNER'S NAME: 2 AD 1¢A--D 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 = X DETACHED BUILDINGS (GARAGE /SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. Opening between boards) with a pervious surface under are not counted as hardcover. TOTAL HOUSE .................................................... X = X = TOTAL DETACHED BUILDINGS ............................... X = X = X = TOTAL DRIVEWAY, ETC ........................................ X = X = X = TOTALDECK ........................ ............................... X = X = TOTAL OTHER ..................... ............................... TOTAL HARDCOVER / IMPERVIOUS SURFACE .................. ............................... UNDER / OVER (indicate difference) .................................... ............................... PREPARED BY Revised 08/06/03 -4641- yyv 6©6 2 77> DATE *I 491 \ ° t 2 a� ± - »* �« VIM «m -. { ,_ �':4� �- r � 1 =a :,� ,��,,: �, �,.. nd Plan Your Peck Lowes Deck Design For Print this document and take it to your local Lowe's. One of our associates will help you find the materials you need. All rights reserved copyright ©2007 DIY Technologies -4645- 0 • k mi*iii� # J #i P Deck Part Identification Top Tread Riser Cap Rail Baluster Bottom Rani Concrete Pier Baluster The vertical pieces of a railing spaced at regular intervals between posts. Beam A horizontal framing piece, which rests on posts and supports joists. Decking The boards used to make the walking surface of the deck Joist A horizontal frame piece that supports the decking and spreads the weight over the beams Ledger A horizontal strip that connects the deck to the house. Concrete Pier A vertical piece of concrete, used as a footing to support a post Post A vertical framing piece, used to support a beam or a joist. Riser The board attached to the verticcal cut surface of a stair stringer. Stringer The diagonal board used to support treads and risers on a stairway. Tread The horizontal surface of a stair, perpendicular to the riser. Bottom Rail The lower horizontal piece that connects rail posts Top Rail The upper horizontal piece that connects rail posts Cap Rail The top horizontal trim on railing. Rail Post The vertical posts connected to the deck framing, to which railing is secured. All rights reserved copyright ©2007 DIY Technologies Page 3 -4647- • • Installation Checklist Building code and zoning requirements Check deed restrictions, building codes and /or zoning laws to make sure your deck complies. Check with local utility companies to make sure deck construction will not disturb piping or wiring. Deck function While planning your deck, determine how it will be used. Your climate While planning your deck, consider local weather. Take advantage of good views. Install ledger Install ledger to anchor deck to house. Ledger placement determines the deck floor level, normally 2-4" below floor line. If unsure about attaching a ledger board, consult a professional. Use batterboards and mason's string to mark off deck area and locate footing. Square with string • Attach string to ledger and /or batterboards. Batterboards go just outside perimeter comers of the deck. Use the 3-4 -5 method to get a 90 degree angle in one corner. Install posts Footing /posthole depth is dictated by local codes. Check with local utility companies to make sure deck construction will not disturb piping or wiring. • All rights reserved copyright 02007 DIY Technologies Page 4 • Installation Checklist Post bracing Brace posts as dictated by local codes. Attach beams to posts Determine the desired deck floor height on the posts. Determine height for securing the top of the beam to the post. Attach joists Joists are attached to ledger board with joist hangers or by toenailing. Determine where blocking will go and snap a chalk line, but make sure to stagger pieces for ease of nailing. Lay decking Attach boards "bark side up" to minimize cupping and warping. The deck boards can be trimmed after they are installed. Railings Railings must be firmly attached to the framing members of the deck. Check for local code restrictions on railings. Stairs Check local codes on stair restrictions. Measure the rise and run of the stairs. • Multi -level decks When planning a multi -level deck, for aesthetics make one deck larger than the other. All rights reserved copyright 02007 DIY Technologies • Page 5 ENEROM • • • Tools Required: Carpenter's level Carpenter's square Chalk line Chisel Circular saw Claw hammer Combination square Crescent wrench Drills and bits Dust mask Extension cord Framing square Gloves Tips for success: 2. 3. 4. 5. 6. 7. 8. 9. 10. Tools Required & Tips for Success Hearing protection Hammer Hand saw Hoe and hose (to mix concrete) Ladder Line Mallet Nail set Pencils Pick Plumb bob Post hole digger Rafter square Ruler Safety glasses Screwdrivers Shims or spacers Shovel Socket wrench Stakes or batter boards String Tamper Tape measure Transit Tool belt Two foot level When cutting or drilling wood, always wear eye protection to prevent injury from flying wood particles When cutting lumber, a fabric breathing mask will help to avoid ingestion of the dust. Wear gloves as the surface is rough and can cause splinters. For outdoor projects, nails and other hardware should be hot - dipped zinc - coated or equally well - protected material to keep them from rusting. To help prevent splitting, drill pilot holes in each piece of lumber before nailing or screwing. Make sure to treat your deck to prolong its lifespan. Before you apply a finish on your deck, test for moisture by sprinkling the surface of a small area of the deck with water. If the droplets bead up, the wood is still wet. Wood that is dry enough for treatment will quickly soak up the water. Deck finishes come in both water and oil based. While oil -based finishes penetrate deeper into the wood, water -based products are easier to clean up and are more forgiving in damp conditions. When applying finish or cleaner to your deck, protect surrounding vegetation by wetting with a hose and covering with plastic. Invest in a pair of kneepads if you are doing floor jobs or working on a deck. Dispose of scraps in the regular trash or take to a landfill - never burn. "How to Guide" Download Information If you have not read our deck building article, read it at Lowes.comNourDeck All rights reserved copyright 02007 DIY Technologies Page 6 -4650- Below are the Specifications And Materials that you have selected for your deck. Overview Number of Levels: 1 Footer Depth: 30" Joists Total Square Feet: 192 Live Load: 40 psf Beams 2 x 10 Dead Load: 10 psf Component Size Wood Type Joists 2 x 10 TOD Choice Treated Beams 2 x 10 Top Choice Treated Posts 6 x 6 Top Choice Treated Deckin 5/4 x 6 Woodtone ChoiceDek Railing None Bench None Lattice None FooterDe th 30" 1 Live Load 40 sf Dead Load 10 psf All rights reserved copyright 02007 DIY Technologies Page 7 -4651- J C7 • • • Item Numbers May Vary By Location Some Items May Not Be Available In All Locations Unforini List Lumber Materials Item Number Quantity Description 109487 5 2X10X16 TOP CHOICE STRUCT HF ACQ 132402 3 4X8 CEDAR LATTICE PREM PRIVACY 23717 15 2X10X12 TOP CHOICE STRUCT HF ACQ 179332 26 11 6' CDEK WOODTONE DEK 2827 11 6X6X8 #2.40 ACQ TREATED Other Materials Item Number Quantity Unit Description 6472 3 1 6X6 TZ 2 SIDE POST ANCHOR PA66E -TZ 10385 10 80 CONCRETE MIX 80# QUIKRETE 70664 3 1 1/2 "X6 HDG ANCHOR BOLT WASHER/NUT 69264 1 5 NAIL COMMON GALV 5 LB 16 D 63449 24 1 GALV ROUND WASHER 1/2" 67358 12 1 GALV CARRIAGE BOLT 1/2 X 10 67342 12 1 GALV 1/2 HEX NUT 132406 5 96 CEDAR CAP 1X2 1743 1 96 CEDAR DIVIDER PLASTIC 69138 3 1 NAIL COMMON GALV 1 LB 8D 14328 22 1 XTENDED RAFTER TIE RT -15 68408 1 1 JOIST HGR.NAIL 1 LB 1-1 /2"NA1 11 CD 21993 4 1 HURR ANCHOR 6.5X1.5TZ DBL PLATE TIE 44626 22 1 2 2X8 -10 18GA JOIST HGR TZ 124475 1 5 15LB N10D HOT -DIP GALVINIZED NAIL 69262 1 5 INAIL COMMON GALV 5 LB 10 D 37164 4 1 JANGLECUP TZ 1- 5/16 "X2 -3/8" X6- 31581 2 1 5# BOX 2 -1/4" STAINLESS STEEL DECK SCREW 67365 32 11 1 GALV LAG SCREW 1/2 X 6 All rights reserved copyright 02007 DIY Technologies Page 8 -4652- BEAM LABEL A Beam Layout Level 1 BEAM LENGTH POST COUNT 151911 3 All rights reserved copyright @2007 DIY Technologies Page 9 -4653- POST SPACING 7' 3 3/4" • • • • Materials Cut List: Level 1 Cut Angles: L =Left, R--Right, F= Front, S =Side • All rights reserved copyright 02007 DIY Technologies Page 10 -4654- QTY LENGTH BEVELS 2 11' 9" 11 11'6" LABEL NAME QTY LENGTH BEVELS LABEL NAME A Fascia 2 12' F45 S45 D Outer Joist B Fascia 1 16' F45 S45 E Joist C Header 2 15' 6" Cut Angles: L =Left, R--Right, F= Front, S =Side • All rights reserved copyright 02007 DIY Technologies Page 10 -4654- QTY LENGTH BEVELS 2 11' 9" 11 11'6" Permit Page: Level 1 LOAD AND SUPPORT: Your deck will support a 40 PSF live load. Posts have 30" below ground support. DECK AND POST HEIGHT: You selected a height of 30" from the top of the decking to the ground level. The top of the deck support posts will therefore be 19.25" above ground level. Joists: Set joists on top of beams, 16'; center to center. Stress Analysis: Level 1 Component PSF Joist Deflection 200 Joist Bending 50 Joist Shear 100 Joist Compression 135 Beam Deflection 66 Beam Bending 66 Beam Shear 60 Bolt Shear 1100 Post Stability 152 All rights reserved copyright 02007 DIY Technologies Page 11 -4655- r� • • • Warning: This may not be a final design plan. Variations in building codes, specific architectural considerations, or site conditions may require changes to this design. You are responsible for the final structural, code verification, material usage, and structural safety of this design. Be sure to check and verify the design with your architect, engineer and building inspector. Lowe's is a supplier of Material only. Lowe's does not engage in the practice of engineering, architecture, or general contracting. Lowe's does not assume any responsibility for design, engineering, or construction; for the use of installation of materials; or for compliance with any building code or standard of workmanship. Always refer to information on fastener packaging for use with pressure treated lumber. Preferences: Certain assumptions have been made in order to provide an accurate material quote for your Deck Project. Because local codes vary throughout the country, it is imperative that you check with your local municipality for compliance with local building codes. The following building practice assumptions have been made in providing the materials for your project: Footer Depth: 30 Joist Cantilever: 12 inches Joist Spacing: 16" center to center Spacing Between Deck Planking: 1/8 inch Stair Stringers: 10 inches Deck Live Load: 40 psf Deck Dead Load: 10 psf Stairs Live Load: 40 psf Stairs Dead Load: 10 psf Be sure to check and verify the design with your architect, engineer and building inspector. Oto: It is recommended that joist that meet on top of beams should be spliced with gussets. The gussets should be 2- by wood the same width at the joist and overlap by 6 inches on each side.These gussets should be held in place with 12 16d galvanized nails. Handling Precautions for Pressure-Treated Wood Disposal. Dispose of treated wood by ordinary trash collection. Treated wood should not be burned in open fires, stoves, fireplaces, or residential bilers because toxic chemicals may be produced as part of the smoke and ashes. Treated wood from commercial or industrial use (e.g construction sites) must be disposed of in accordance with state and Federal regulations, which may inctude burning only in commercial or industrial incinerators or boilers. Always refer to information on fastener packaging for use with pressure treated lumber. Operating Conditions: Avoid frequent or prolonged inhalation of sawdust from treated wood. When sawing, sanding and machining treated wood, wear a dust mask. Whenever possible, these operations should be performed outdoors to avoid indoor accumulations of airborne sawdust from treated wood. ( Lowe's in- store saws are equipped with a vacuum to minimize airborne sawdust). Protection: When power- sawing and machining, wear goggles to protect eyes from flying particles. Clean Thoroughly: Wear gloves when working with the wood. After working with the wood, and before eating, drinking, toileting, and use of tobacco products, wash exposed areas thoroughly. Wash Separately: Because preservatives or sawdust may accumulate on clothes, they should be laundered before reuse. Wash work clothes separately from other household clothing. For Additional Information: www.epa.gov - www.healthybuilding.net - www.ccasafetyinfo.com www.treatedwood.com - Cali: (1300)282 -0600 or (800)356 -AWPI • All rights reserved copyright ©2007 DIY Technologies Page 12 -4656- OF' L94 July 19, 2007 TO: Mayor and City Council FROM: Bonnie Ritter 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472-0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com RE: Hennepin County Justice Integration Subscriber Agreement This comes before you at the request of Officer Todd Truax and our prosecuting attorney, Craig Mertz. If you have questions, please contact Todd on his cell at 952 - 292 -6405. He will • be unable to attend the meeting on Tuesday. Thanks printed on recycled paper -4657- • CITY OF MOUND • RESOLUTION NO. 07 -_ RESOLUTION APPROVING HENNEPIN COUNTY JUSTICE INTEGRATION SUBSCRIBER AGREEMENT WHEREAS, it has been determined that the City Prosecuting Attorney and the Mound Police Department desire that the City of Mound be a subscriber to Hennepin County's Integrated Criminal Justice Information Network ( "HC- CJIN "), and specifically the Subject Identification and Locator Service ( "SILS ") and the Court Calendar Databases; and WHEREAS, SILS contains private and confidential criminal justice and criminal history information; and WHEREAS, access to SILS and the Court Calendar will be limited to those agencies and individuals granted access to this data pursuant to the Minnesota Data Practices Act, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, To enter into the Hennepin County Justice Integration Subscriber Agreement • (contract A- 071173), and authorize the Major and City Manager to sign said agreement on behalf of the City. Adopted by the City Council this 24th day of July, 2007. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk July 18, 2007 Hennepin County Information Technology Operations Division A -015 Government Center Minneapolis, MN 55487 Officer Todd Truax City of Mound 2415 Wilshire Blvd Mound, MN 55364 Enclosed is the agreement for access to SILS and Court Calendar as requested by the City. • The agreement has been revised and is specific to the SILS and Calendar access request. Please have the agreement signed by the appropriate city official(s) and return both originals to me along with a certified copy of the city council resolution authorizing the contract. If the City has delegated authority to the person signing, please send the applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority (this can be in place of the certified copy of the city council resolution) with the two signed originals. Once signed by the County, a fully executed original will be returned to you. Thank you. If you have any questions, let me know. Sincerely, Jean Myers Hennepin County IT Operations 300 South 6`h Street A -015 Government Center • -4659- • Minneapolis, MN 55487 612- 348 -6666 � Lz u.) N° Ov, 0 0 -..� Contract No. A071173 • HENNEPIN COUNTY JUSTICE INTEGRATION SUBSCRIBER AGREEMENT THIS AGREEMENT, made and entered into between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as "COUNTY" and the City of Mound, 2415 Wilshire Blvd., Mound, MN 55364, hereinafter referred to as "SUBSCRIBER "; This Agreement details the obligations and requirements placed on the SUBSCRIBER that is connected to the COUNTY's integrated criminal justice information network ( "HC- CHN "), and specifically the Subject Identification and Locator Service ( "SILS ") and the Court Calendar databases. WHEREAS, SILS contains private and confidential criminal justice and criminal history information; and WHEREAS, access to SILS and the Court Calendar will be limited to those agencies and individuals granted access to this data pursuant to the Minnesota Data Practices Act; and WHEREAS, SUBSCRIBER desires connection to SILS and/or the Court Calendar database. WIT NE SSE TH: NOW, THEREFORE, the parties hereto agree as follows: A. ACCESS. 1. The COUNTY shall allow the SUBSCRIBER file inquiry access to the HC -CJIN through SUBSCRIBER owned computer equipment operating in conjunction with the COUNTY computer system. 2. SUBSCRIBER will sign and submit to the COUNTY separate request forms regarding access to data files and databases contained in HC -CJIN. 3. SUBSCRIBER's access to data files and databases shall be limited to those that are identified in approved request forms, and SUBSCRIBER shall attempt to access such information only according to instructions provided by the COUNTY. B. DATA. • 1. SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be • amended. -4661- 2. SUBSCRIBER will access information in SILS only as necessary to assist is SUBSCRIBER in the efficient performance of SUBSCRIBER'S duties required by law in connection with its criminal justice obligations. SUBSCRIBER's access to SILS for personal or non - official use is prohibited. 3. No SUBSCRIBER will furnish to a non - criminal justice entity any information from SILS. Non - criminal justice entities must be referred to the originating agency for dissemination of information contained in SILS. 4. All personnel who have access to any of the interconnect equipment must be screened under the authority and supervision of the SUBSCRIBER. This screening will also apply to all maintenance personnel, contract technical personnel, and all other individuals having access to any of the interconnected equipment. 5. SUBSCRIBER shall advise each Authorized Employee of the restrictions upon use of SILS and disclosure of information from SILS contained in this agreement and the Minnesota Data Practices Act, and shall require each Authorized Employee who is permitted use of and /or access to SILS to acknowledge in writing that the individual has read and understands such restrictions. C. EQUIPMENT. 1. The SUBSCRIBER shall be solely responsible for selecting obtaining, installing, maintaining, repairing, modifying and /or replacing any equipment used to access or attempt to • access the computer system. At SUBSCRIBER's request, the COUNTY will furnish information concerning equipment the COUNTY believes to be compatible for requested access. 2. The SUBSCRIBER agrees to install and maintain and keep up to date virus protection software and firewall technology on each personal computer or device being connected to the COUNTY's network. The SUBSCRIBER agrees to upgrade virus protection software, virus definitions and firewall technology to keep at the most current level. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized access through the SUBSCRIBER's equipment and for any virus being transmitted to COUNTY computer systems through authorized or unauthorized use by the SUBSCRIBER. 3. During the term of this Agreement, the technical aspects of connections may change which may require change or action by SUBSCRIBER. SUBSCRIBER will receive notice of any required changes and will be expected to comply within the specified timeframe indicated in the notice. Unless absolutely necessary, specified timeframe should not be less than 30 days. 4. SUBSCRIBER agrees to protect and keep private and secure, any access passwords given to SUBSCRIBER, and to not release passwords to any unauthorized individual. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized use of the access password(s) by any authorized or unauthorized • individual. -4662- D. PAYMENT. 1. The COUNTY shall set forth costs, billing information and type(s) of information • which the COUNTY will permit the SUBSCRIBER to access in Exhibit A, attached hereto and made a part hereof by this reference. SUBSCRIBER will be billed by the COUNTY on a monthly basis and may be billed separately by the telephone company for the telephone or frame relay charges. Payment shall be made by SUBSCRIBER within thirty (30) days after receipt of each said bill. Connection and telephone or frame relay charges shall be payable whether or not SUBSCRIBER has accessed the public information during any month SUBSCRIBER is permitted to access such public information. 2. During the term of this Agreement, the COUNTY may change any portion of the monthly - charges, provided that a thirty (30) day written notice be given to the SUBSCRIBER prior to the effective date of the change. Any such change will appear on the appropriate monthly billing, except that any telephone line or frame relay charge change shall. not require written notice but shall be effective immediately and shall be payable when included in the monthly billing presented to SUBSCRIBER as provided herein. Additional connections and accesses to information may be requested in writing at any time. If access is authorized, the appropriate description and charges will be outlined in an exhibit bearing an exhibit letter in proper sequence to Exhibit A, and be attached to and made part of this Agreement. 3. This Agreement shall commence on the date of its approval by the COUNTY and remain in effect until cancelled by either party. Rates charged for this service are reviewed annually by the COUNTY and rate changes take effect January 1 st of each year. Notice of any rate changes affecting this service will be sent out 30 days prior to the effective date. These • rate changes will take effect on the first of January. 4. SUBSCRIBER agrees that during the term of this Agreement, in addition to the fees /charges provided herein to be paid, it will promptly pay all taxes, assessments and other governmental charges, if any, levied or assessed upon the services furnished hereunder to SUBSCRIBER, and SUBSCRIBER will promptly pay or reimburse the COUNTY for all taxes levied or assessed against and paid by the COUNTY on account of its furnishing services to SUBSCRIBER hereunder. 5. In the event the SUBSCRIBER shall fail duly and promptly to perform any of its obligations under the provisions of this Agreement, the COUNTY, at its option, may immediately, or any time thereafter, perform the same for the account of the SUBSCRIBER without waiving such default, and any amount paid or expense or liability incurred by the COUNTY in such performance, together with interest thereon at the highest maximum rate permitted by applicable law until paid by the SUBSCRIBER to the COUNTY, shall be payable by the SUBSCRIBER upon demand. • -4663- • E. SERVICE INTERRUPTION. 1. It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time and capacity utilization of the computer system in order to carry out COUNTY activities properly, the COUNTY may reduce or discontinue service for such length of time as the COUNTY may deem appropriate. The COUNTY, in good faith, shall endeavor to notify the SUBSCRIBER prior to any such service interruption whenever the COUNTY shall determine the pertinent circumstances reasonably permit such notification. F. HOURS OF OPERATION. 1. The hours of service furnished hereunder are subject to the provisions of this Agreement and generally limited to the business hours observed by the COUNTY at the Hennepin County Government Center and, therefore, will be observed as follows: (a). Monday through Friday - 8:00 a.m. to 5:00 p.m. (b). Service will not be available on holidays or other time off observed by the COUNTY. (c). The COUNTY reserves the right to change said business hours and shall give written notice to SUBSCRIBER of any such change. 2. Access to this service may also be available (at the COUNTY's sole discretion) at times beyond normal business hours. • G. GRANT OF LIMITED LICENSE. 1. The County hereby grants SUBSCRIBER a non - exclusive, nontransferable and nonassignable limited use license to use the HC -CJIN, which includes self developed computer software under Minn. Stat. § 375.86, in connection with SUBSCRIBER'S official business. This license authorizes use by authorized SUBCRIBER employees and /or personnel pursuant to the terms of this Agreement. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the Agreement unless terminated sooner, in accordance with the provisions hereof. H. ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE. 1. The SUBSCRIBER acknowledges and agrees that the HC -CJIN is the exclusive property of the County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the HC -CJIN as trade secret and confidential information, which County entrusts to the Entity in confidence to use in the conduct of the SUBSCRIBER'S criminal justice activities. The SUSCRIBER further acknowledges and agrees the HC -CJIN is a creative selection, coordination, arrangement and method of • arrangement of data which is identified as being subject to copyright protection; is self - developed computer software under Minn. Stat. § 375.86 and is an entire or substantial and discrete portion of a pattern, compilation, method, technique, process, data base or 4 � system developed with significant expenditure of funds by County under Minn. Stat. § • 13.03. The SUBSCRIBER agrees that the County owns and reserves all rights, protection and benefits afforded under federal copyright law in all HC -CJIN furnished to the SUBSCRIBER as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and /or trade secret information respecting said HC -CJIN, and that the SUBSCRIBER will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in or to HC -CJIN. SUBSCRIBER acknowledges that it is granted only a limited right of use of the HC -CJ1N , which right is not coupled with an interest, and the SUBSCRIBER shall not assert nor cause or cooperate with others to assert any right, title, or interest in HC -CJIN. I. NO GUARANTEE ON SERVICE. 1. The COUNTY does not warrant or guarantee the performance of the main computer system, the telephone lines and/or cabling, or any software and /or equipment in connection or in association with any or all of the foregoing, nor does the COUNTY warrant or guarantee any programming utilized in any of the above. Further, the COUNTY shall have no obligation or liability whatsoever concerning any aspect of the telephone line or frame relay lines. It is specifically understood by the SUBSCRIBER that changes and adjustments are made in the official records from time to time which may be in process at any given time; and, under the circumstances, the information received by the SUBSCRIBER will be subject to such • changes and adjustments. Accordingly, errors or omissions may occur in the data received on or through the pertinent equipment utilized by or servicing the SUBSCRIBER. Further, the SUBSCRIBER specifically understands and agrees that the service furnished under this Agreement is subject to the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors, omissions, damages, reductions, discontinuances, malfunctions, inoperativeness, scheduled downtimes, delays or interruptions which may be due to any one or a combination of a wide spectrum of causes. While the COUNTY shall endeavor in good faith to maintain a high degree of accuracy and efficiency in the services provided hereunder, the sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY liability of any kind whatsoever, including but not limited to liability for nonperformance or any deficiencies with respect to said services, shall be limited to restoring the services and/or any deficiency in said service as is reasonably possible under the pertinent circumstances. SUBSCRIBER fully understands and agrees that the COUNTY may change, modify and/or replace said computer system and any components thereof including, without limitation, any related equipment, software, wiring and/or cabling, and that, incidental thereto, any such change, etc. could possibly extinguish or impair the compatibility between SUBSCRIBER's equipment and said computer system, thus necessitating, perhaps, the replacement of, changes to, and /or modification of SUBSCRIBER's equipment to access said computer system; and that in any such event the COUNTY will in no manner be liable for the costs and /or damages which are sustained by SUBSCRIBER and which are, in any respect, associated, directly or indirectly, with any or all of the foregoing occurrences but that SUBSCRIBER shall bear the full costs thereof. In no event shall the COUNTY be liable for • actual, direct, indirect, special, incidental, consequential damages (even if the COUNTY has 5 -4665- been advised of the possibility of such damage) or loss of profit, loss of business or any other • financial loss or any other damages. 2. Supplemental to and in no manner in limitation of the foregoing the following is set forth: The information furnished and to be furnished has been and shall be obtained from the COUNTY'S records and is believed to be reliable. But the accuracy, completeness, timeliness or correct sequencing of the information is not guaranteed by COUNTY. There may be delays, interruptions, omissions or inaccuracies in the receipt of the public information. The SUBSCRIBER agrees that the COUNTY shall have no liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the data, or for any decision made or action taken by SUBSCRIBER in reliance upon the data. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE. J. TERMINATION OF AGREEMENT. The County may terminate this Agreement immediately with or without cause. 2. It shall be deemed a breach of this Agreement: (a) If the SUBSCRIBER shall default in any payment due hereunder and such default shall continue for a period of ten (10) days after due; or • (b) If SUBSCRIBER defaults or breaches any term or condition contained herein. defined: In the event of SUBSCRIBER's default or breach of this Agreement, as herein (a) The COUNTY may cancel this Agreement upon written notice to SUBSCRIBER. (b) The SUBSCRIBER shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and /or also in canceling or terminating this Agreement. (c) All sums due and to become due hereunder, at the COUNTY's option, shall become payable forthwith. (d) The COUNTY may also enforce specific performance of the applicable covenants of this Agreement by appropriate legal proceedings, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and /or to recover other damages sustained by the COUNTY on account of such breach, the SUBSCRIBER shall pay a reasonable sum as attorney's fees, as ordered by the court. • 4. Provisions in this Agreement that by their nature are intended to survive the term, cancellation or termination of this Agreement shall survive indefinitely. K. REMEDIES. • 1. No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be cumulative and in addition to every other right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being exercised on one or more occasion and may be enforced concurrently or from time to time. L. INDEMNIFICATION. 1. The SUBSCRIBER shall defend, indemnify and hold the COUNTY harmless from any and all liability, claims, damages, judgments, costs (including reasonable attorneys' fees), demands or actions arising, directly or indirectly, out of any act or omission on the part of the SUBSCRIBER, its employees, officers, agents, contractors or representatives relating to the obtaining, use, and or possession of information provided hereunder, SUBSCRIBER's access to the computer system, including without limitation, the obtainment, installation/de - installation and/or existence of telephone lines and any and all activities related thereto, and /or relating to the ownership, use or operation of SUBSCRIBER's equipment and/or software and items relating to such software and /or equipment, and from all loss or liability by reason of failure of the SUBSCRIBER, in any respect, to perform fully or observe all obligations under this Agreement. M. NOTICE. 1. Any notice or demand, which may or must be given or made by a parry hereto, • under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other parry addressed as follows: TO SUBSCRIBER: City of Mound City Manager 2415 Wilshire Blvd Mound, MN 55364 TO COUNTY: Hennepin County Administrator A -2300 Government Center Minneapolis, MN 55487 Copy to: Division Manager Information Technology Operations A -015 Government Center Minneapolis, MN 55487 Either party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand • shall be deemed received upon actual delivery. 7 -4667- • N. ENTIRE AGREEMENT. 1. No oral agreement, guarantee, promise, condition, representation or warranty shall be binding; all prior conversations, agreements or representations related hereto are integrated herein, and no modification hereof shall be binding unless in writing and signed by the COUNTY. O. GOVERNING LAW. I. This Agreement shall be governed by and construed under the laws of the State of Minnesota. Hennepin County shall be the appropriate venue and jurisdiction for any litigation arising hereunder, except that venue and jurisdiction in the Federal courts shall be in the appropriate Federal Court within the State of Minnesota. If any provision of the Contract is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. P. INDEPENDENT PARTIES. 1. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint ventures or co- partners between the parties hereto or as constituting the SUBSCRIBER as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. The SUBSCRIBER is to be and shall remain an independent SUBSCRIBER under this Agreement. Any and all personnel of the SUBSCRIBER or other persons, while engaged in the performance of any activity under this Agreement, shall have no Contractual relationship with the COUNTY and shall not be • considered employees of the COUNTY. Q. NO WAIVER. 1. The COUNTY's failure to insist upon strict performance of any covenant, Agreement or stipulation of the Contract or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, Agreement, stipulation or right unless the COUNTY consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, Agreement, stipulation or right. R. SUCCESSORS AND ASSIGNEES. 1. SUBSCRIBER binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. 2. SUBSCRIBER shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by SUBSCRIBER, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve SUBSCRIBER of its liabilities and obligations under the • Agreement. E:3 Z..: 3. SUBSCRIBER shall not subcontract this Agreement and /or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve SUBSCRIBER of its liabilities and obligations under the Agreement. Further, SUBSCRIBER shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between SUBSCRIBER and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. SUBSCRIBER shall make contracts between SUBSCRIBER and subcontractors available upon request. S. COMPUTER SECURITY, 1. SUBSCRIBER, its employees, officers, agents, contractors, representatives, subcontractors and /or assigns agree to comply with COUNTY's computing environment security policies and facility security policies, rules, regulations and directions. SUBSCRIBER, having signed this Agreement, and Hennepin County having duly approved this Agreement on the day of , 20_, and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions set forth herein. COUNTY OF HENNEPIN, STATE OF MINNESOTA Reviewed by the County Attorney's Office: Assistant County Attorney Date: City organized under: Statutory Option A Deputy /Associate County Administrator Date: SUBSCRIBER City of Mound By: Its And: Its Option B 9 -4669- Charter • • is • Ul • EXHIBIT A to Contract A071173 2007 and 2008 Rates 1. The COUNTY will provide inquiry -only access to one or more of the following information systems: Hennepin Subject Identification and Locator Services (SILS) Hennepin Calendar System 2. Billing Charges for all services will be billed monthly. Usage Charges • For 2007, a fee of $19.00 per ID per month will be charged for each ID assigned. • For 2008, a fee of $21.00 per ID per month will be charged for each ID assigned. 10 -4670- CITY OF MOUND RESOLUTION NO. 07 -_ RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, The City of Mound is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 412.21 and 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational service pursuant to Minnesota Statutes Section 471.17; and WHEREAS, The following persons and entities have offered to contribute the cash sums set forth below to the City: Name of Donor Amount Date Purpose Residential Mortgage Group $ 50.00 6 -11 -07 Fire Department Residential Mortgage Group 100.00 6 -11 -07 Fire Department Mohawk Jaycees 500.00 3 -29 -07 Adopt A Green Space WHEREAS, The City Council hereby finds that it is appropriate to accept the contributions offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA, AS FOLLOWS: 1. The contributions described above are hereby acknowledged and accepted by the City of Mound. 2. The City Council of the City of Mound expresses its thanks and appreciation for the contributions. Adopted by the City Council of the City of Mound this 24th day of July, 2007. Attest: Bonnie Ritter, City Clerk -4671- Mayor Mark Hanus is *I U • 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 • • MEMORANDUM To: Honorable Mayor and City Council City of Mound Planning and Building Department From: Sarah Smith, Community Development Director Date: July 19, 2007 Re: Public Hearing — CUP Amendment — Village By the Bay PDA City Council members are advised that a public hearing was scheduled to be held on Tuesday, July 24, 2007 at 7:30 PM to review a proposed CUP amendment to the Village by the Bay planned development area with regard to a trail modification. The applicant requested that the public hearing be cancelled as it was learned after the notice had been published and mailed that the VBTB Homeowner's Association is holding their annual meeting on the same evening. Members are advised that a new public hearing notice process will be undertaken as soon as convenient. CADocuments and Settings \Sarah Smith\My Documents\ Memorandums\ 2007\memovillagebythebaymemoPHcancell .doc -4672- Executive Summary Hoisington Koegler Group Inc. ©® • TO: Mound City Council, Planning Commission and Staff FROM: Jeff Miller, Consulting City Planner DATE: July 19, 2007 SUBJECT: PC Case #07 -13, 5293 Shoreline Drive — Rite Away Oil Change CUP Amendment The City Council will hold a public hearing for review of a CUP Amendment for building and site alterations at Rite Away Oil Change which is located at 5293 Shoreline Drive. The Planning Commission reviewed this case at their July 9th meeting where a motion for approval of the CUP Amendment was recommended. Both Staff and Planning Commission are recommending approval of the request. Members of the Council are advised that a resolution based on the Planning Commission recommendation to approve the CUP Amendment has been prepared. In response to the discussion and recommendations of the Planning Commission meeting on July 9th, the applicant has submitted a revised site plan, dated July 15, 2007. The modifications to the • site plan are focused on reducing the number of parking spaces, since the original site plan proposed more parking spaces than are required by the City's Zoning Ordinance, as well as expansion and improvements to the proposed green spaces on the site. The applicant has reduced the number of parking spaces from 18 spaces to 12 spaces, not including the parking space designated for handicapped persons. The City's Zoning Ordinance requires a minimum of 10 off - street parking spaces. The modified site plan also shifts the four (4) proposed trees to the green spaces located closer to Shoreline Drive rather than near the building, as was shown on the original site plan. The trees are located back from the corner of Shoreline Drive and Wilshire Boulevard to ensure safe viewing lines for drivers. The existing tree located along Wilshire Boulevard will be retained rather than removed for parking spaces, as shown on the original site plan. These modifications result in significant improvements to the existing site and proposed site plan, particularly in regard to the issue of hardcover and green spaces. The existing site is essentially 100% hardcover and the original site plan showed hardcover of 83 %. The City's maximum hardcover requirement is 75% and the modified site plan is showing hardcover of 73.6 %, thus eliminating the site's existing non - conformity relating to excessive hardcover. • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -4673- U RESOLUTION # 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE PROPERTY LOCATED AT 5293 SHORELINE DRIVE P & Z CASE # 07 -13 PID # 13- 117 -24 -34 -0021 WHEREAS, the applicant, Tony Hentges, who is the owner of the existing Rite Away Oil Change business located at 5293 Shoreline Drive, has submitted a request for a Conditional Use Permit (CUP) Amendment to allow alterations to the existing building, including two small building additions, removal of a portion of the building, and reorganization of the site's parking spaces and circulation; and • WHEREAS, this property was originally granted a conditional use permit (CUP) in 1963, Resolution No. 63 -262, for a gasoline retail filling station or automobile service station and the City is required to administer a CUP amendment in a manner similar to that required for a new CUP per Zoning Ordinance Section 350.525 Subd 3F; and WHEREAS, the site is 18,500 sq. ft. in area and contains the existing 1,714 sq. ft. Rite Away Oil Change building, which abuts a former alley located directly south of this site that was previously vacated; and WHEREAS, The current legal description is included on the as -built survey, which was prepared in 1998, that was submitted with the application. At its June 11, 2007 meeting, the Planning Commission deemed this as -built survey as acceptable for the purpose of land use application review; and WHEREAS, this site is located in the Central Business (B -1) zoning district, which does not have any required yard setbacks unless the subject property is abutting a residential zoning district; and WHEREAS, the applicant is proposing to remove the indoor storage area of the existing automobile service station building (240 sq. ft.) and add two (2) new sections (storage and mechanical areas totaling 420 sq. ft.), resulting in an expansion of the building from 1,714 sq. ft. to 1,801 sq. ft. overall; and • WHEREAS, removal of the existing indoor storage area, which is located on the south side or back of the building, enables the building to be redesigned to -4674- accommodate drive -thru oil change service with automobiles entering on the north side of the building and exiting on the south side, which requires redesign of the site to • improve the site's access, circulation and location of parking spaces; and WHEREAS, Section 350.760 Subd 5(K) requires at least two (2) off - street parking spaces plus four (4) off - street parking spaces for each service station stall, so the minimum number of off - street parking spaces required is ten (10), whereas, the submitted site plan shows 18 parking spaces plus one (1) parking space for handicapped persons; and WHEREAS, the site plan proposes to remove the existing northern access driveway, in order to improve the safety of this intersection and enable parking spaces to be relocated to this area and would not alter the southern access, which is also the main access from Wilshire Boulevard to the shopping area to the east; and WHEREAS, traffic exiting the remodeled drive -thru building will now be entering into this main access drive into the shopping area to the east, which may require some type of caution or warning signage for drivers exiting the drive -thru building because the site plan shows just 15 ft. between the back of the building (drive -thru exit) and the main access drive; and WHEREAS, the B -1 zoning district allows a maximum of 75 percent hardcover, which is currently exceeded as the site is approximately 100% hardcover which is deemed to be an existing condition; and WHEREAS, the applicants modified site plan has significantly expanded and • improved the site's hardcover percentage and green spaces reducing hardcover to 74 percent, which eliminates an existing non - conformity regarding excessive hardcover on the site; and WHEREAS, based on the site's street perimeter of approximately 265 lineal feet, the tree requirement would be five (5) trees with the minimum size of plantings for deciduous trees being 2.5 inches of caliper diameter and for deciduous shrubs two (2) feet in height.; and WHEREAS, the applicant's modified site plan, dated July 15, 2007, proposes five (5) trees, including retaining the existing large tree located along Wilshire Boulevard; and WHEREAS, an existing freestanding sign is located at the northwest corner of the site, which is a non - conforming sign relating to setbacks, and the site plan proposes to keep this sign; and WHEREAS, Staff reviewed the application on July 9, 2007 and unanimously recommended approval of the CUP Amendment with conditions; and WHEREAS, in reviewing the application and recommending approval, the Planning Commission offered the following findings of fact: 1. The remodel of the existing building will improve the visual appearance and functionality of the automobile service station conditional use. • -4675- • 2. The improved site design will improve the visual and drainage quality of the site by more efficiently organizing parking spaces, reducing the hard /impervious surfaces from 100% to 74 %, which eliminates the existing non - conformity regarding excessive hardcover on the site, and adding green spaces. 3. The removal of the existing northern access drive on Wilshire Drive, which is located approximately 20 ft. south of the intersection, will improve the traffic safety of the Shoreline Drive/Wilshire Boulevard intersection. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound does hereby approve the CUP Amendment to allow the requested alterations to the building and site of the automobile service station use at 5293 Shoreline Drive, as requested by the applicant with the following conditions: 1. Payment of any City fees for review of the CUP amendment application. 2. Any disturbance to the existing curb, gutter, streets and sidewalks due to construction including, but not limited to, installation of the water service, sewer service, small utilities and removal of existing driveway, shall be the applicant's responsibility to replace. 3. Applicant shall be required to add some type of caution or warning signage on the south side of the building for drivers exiting the drive -thru service area and entering the east -west access driveway between Wilshire Boulevard and the shopping area to the east, since the site plan proposes only 15 ft. of • driveway space between the back of the building and the east -west access driveway. 4. A sign permit is required for all signs that shall be installed, erected, relocated, modified, altered, or changed. The site plan proposes to retain the existing freestanding sign which the applicant has indicated may be repainted and shows a wall sign on the north elevation of the remodeled building. Any and /or all new signage shall conform to City Code Chapter 365. 5. The applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 6. Any required cross access and parking easement documents will be submitted as needed with final documents. • 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: -4676- Adopted July 24, 2007 Attest: City Clerk Bonnie Ritter Mark Hanus, Mayor -4677- U • • MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION J U LY 9, 2007 CASE #07 -13 CUP AMENDMENT RITE AWAY OIL BUILDING REMODEL/ADDITION 5293 SHORELINE DRIVE The applicant requests an amendment to the existing CUP granted in 1963 to accommodate a drive through oil change service and a small addition to the building. It is also planned to add some green space. It was noted that the hardcover for this site is over the maximum of 75% for the zoning district. The applicant is encouraged to bring the hardcover into conformance. Neil Webber, project architect (Long Lake): T amoun of parking spaces was in consideration of the total amount of spaces ed by the shopping center. The sign will be painted and /or cleaned to match the r ed building fagade. The exit issues into the shopping center drive will be ad e d by internal warning signs as well as outside as necessary. Irrigation for the g space is not required by the City and has not been discussed. • MOTION by Paulsen, seconded rt to recommend Council approve the CUP Amendment as recommended by st including the retention of the existing tree along Wilshire Boulevard. MOTION carried unanimously. U NOTICE OF A CITY COUNCIL PUBLIC HEARING CONDITIONAL USE PERMIT AMENDMENT TO ALLOW BUILDING REMODEL AND ADDITION PROJECT AT RITE AWAY OIL LOCATED AT 5293 SHORELINE DRIVE IN MOUND, MN NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 PM or as soon as possible thereafter, on Tuesday, July 24, 2007, to hold a public hearing to consider a conditional use permit amendment to allow a building remodel /addition project at Rite Away Oil located at 5293 Shoreline Drive, Mound, MN. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard. Information regarding the public hearing or • proposed project is available for viewing at City Hall during regular office hours or by appointment. Additionally, questions can be directed to Community Development Director Sarah Smith at 952.472.0604. Email is www.sarahsmith @cityofmound.com. Rv Jill Norlander Planning and Building Inspections Published in the Laker on July 14, 2007 Posted on July 10, 2007 • -4679- o C� • architects 8. planners 2280 Watertown Road, Long Lake, MN 55356 -9419 952.476.4434 • Fax 952.476.5863 • nw @weberarchitects.com 15 July 2007 To: Mound Council, Mound Staff ��,( From: Neil Weber, AIA, Weber Architects & Planners /��(v"' RE: Rite Away Oil Change Application for CUP Amendment Attached is a copy of the original plan layout submitted to the Planning Commission. The second attached plan is in response to discussion and direction given my client at the meeting. We have not in any way altered the entrances or exits to our site. Only internal items as they relate to parking stalls and plantings have been adjusted. These alterations have been made in a wav as to increase the arc--I-of -green space. Changes include; 1. We have decreased the number of parking stalls from 19 to 13. Staff has • indicated that we are required by code to provide 10. 2. We have allowed for a clear drive lane thought the site of 24' wide. 3. We have moved the four additional trees to larger islands closer to Shoreline Drive as requested by the staff and Planning Commission. We have kept them back from the corner to insure safe viewing lines at the corner. 4. We have kept the one large existing tree along Wilshire Blvd. The revised site calculations with these changes are; 1. As stated the original site area is 18,500 sf and the whole site is hardcover. 2. The original site plan provided 3267.5 sf of green space (17.6 %). 3. The revised site plan provides 4891.5 sf of green space (26.4 %). With these changes we have addressed the tree issue while meeting the max hardcover area of a min of 75 %. !• • Existing sign to remain 0 cc E W . ft 1 i lot i♦1 I In r t 'ro m 0 N N u V U l6 C N X W DATE I� tl �1 .. �rrl! /lXl�n�'�fr errrrrrrr t 1 _r REVISED SUBMITTAL 1 HEREBY CERTIFY THAT THIS PLAN. SPECIFICATIO14 OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECI �. UNDER. THE. LAWS OF THE STATE OF MINNESOTA - t ; architects & planners DATE 2280 Watertown Road, Long Lake, MN 55356 -9419 NEIL WEBER, AIA REGISTRA -_'4681— 952.476.4434 • Fax 952 476.5863 • nw @weberarchitects.com IYNNP � H �l aMehllI� w�IttF », 11 }NtINA ��� itt IN It KIM N �err�rN�i r arrrrRywrr rrrl��n�eas, iAM4�IM41��� irrrrr� �dl�li�� � 11�11r ri►, �►�� rr�w`v■rrtrr►tr�/ ��yg; PAN11 %14I Vil REVISED SUBMITTAL 1 HEREBY CERTIFY THAT THIS PLAN. SPECIFICATIO14 OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECI �. UNDER. THE. LAWS OF THE STATE OF MINNESOTA - t ; architects & planners DATE 2280 Watertown Road, Long Lake, MN 55356 -9419 NEIL WEBER, AIA REGISTRA -_'4681— 952.476.4434 • Fax 952 476.5863 • nw @weberarchitects.com • NOTICE OF A CITY COUNCIL PUBLIC HEARING CONDITIONAL USE PERMIT AMENDMENT TO ALLOW BUILDING REMODEL AND ADDITION PROJECT AT RITE AWAY OIL LOCATED AT 5293 SHORELINE DRIVE IN MOUND,MN NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 PM or as soon as.-possible thereafter, on Tuesday, July 24, 2007, to hold a public_ hearing to consider a conditional use permit amendment to allow a building remodelladdition pr6jecl at i , Mound, MN. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard. Information regarding the public hearing or • proposed project is available for viewing at City Hall during regular office hours or by appointment. Additionally, questions can be directed to Community Development Director Sarah Smith at 952.472.0604. Email is www.sarahsmith @cityofmound.com. By: Jill Norlander Planning and Building Inspections Published in the Laker on July 14, 2007 Posted on July 10, 2007 • PLANNING REPORT Hoisington Koegler Group Inc. ©© • ©e TO: Mound Council, Planning Commission and Staff FROM: Jeff Miller DATE: July 3, 2007 MEETING DATE: July 9, 2007 APPLICANT: Tony Hentges, Rite Away Oil Change REQUEST: CUP Amendment CASE NUMBERS: 07 -13 HKGi FILE NUMBER: 07 -07 LOCATION: 5293 Shoreline Drive PROPERTY ID: 13- 117 -24 -34 -0021 ZONING: B -1 Central Business COMPREHENSIVE PLAN: Destination Commercial District BACKGROUND e The applicant, Tony Hentges, is the owner of the existing Rite Away Oil Change business located at 5293 Shoreline Drive, at the southeast corner of Shoreline Drive and Wilshire Boulevard. This property was originally granted a Special Use Permit in 1963, Resolution No. 63 -262, for a gasoline retail filling station or automobile service station. The applicant is now planning to alter the existing building, including two small building additions, removal of a portion of the building, and reorganization of the site's parking spaces and circulation, which require the applicant to amend the original CUP. The applicant has submitted a CUP amendment application, which the City is required to administer in a manner similar to that required for a new CUP per Zoning Ordinance Section 350.525 Subd 3F. The site is 18,500 sq. ft. in area and contains the existing 1,714 sq. ft. Rite Away Oil Change building. The former alley, which is located directly south of this site, was previously vacated. The current legal description is included on the as -built survey, which was prepared in 1998, that was submitted with the application. At its June 11, 2007 meeting, the Planning Commission deemed this as -built survey as acceptable for the purpose of land use application review. This site is located in the Central Business (B -1) zoning district, which does not have any required yard setbacks unless the subject property is abutting a residential zoning district. This site is surrounded by other B -1 zoned properties to the west, south and east, with the Light Industrial (I -1) zoning district to the north, so there are no required yard setbacks for this property. • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax(612)338 -6838 p. 2 • #07 -13 5293 Shoreline Drive CUP Amendment July 9, 2007 PROPOSED LOTBUILDING DIMENSIONS Proposed Minimum Lot Area 18,500 sq. ft. Maximum Building Height 27 feet CITY DEPARTMENT REVIEW Required Variance 7,500 sq. ft. - 35 feet - Copies of the request and supporting materials were forwarded to all City departments for review and comment. All written comments received to date have been summarized below: Fire Chief Pederson Public Works Superintendent Skinner Parks Superintendent Fackler Building Official Waldron & Assoc. • Engineering Technician Hanson City Engineer Faulkner Hennepin County Transportation • No comments. No comments. Water shut off at NW corner. No comments. No comments. No comments. The removal of the northern most access drive on Wilshire Boulevard is a very good idea. Some type of caution or warning sign should be considered for vehicles exiting the service bays as these vehicles will be entering the main access drive off of Wilshire Boulevard to the shopping area to the east. With the new "mechanical" building addition, it will likely be difficult to see an eastbound vehicle entering into the shopping center from Wilshire Boulevard. Any damage that may be done to the existing sidewalk along Wilshire Boulevard will be the applicant's responsibility to repair. No objections or comments. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 .0 P. 3 #07 -13 5293 Shoreline Drive CUP Amendment • July 9, 2007 DISCUSSION The applicant is requesting approval of a CUP amendment for an automobile service station in order to remodel the existing building and improve the overall design of the site. The applicant is proposing to remove the indoor storage area of the existing automobile service station building (240 sq. ft.) and add two (2) new sections (storage and mechanical areas totaling 420 sq. ft.), resulting in an expansion of the building from 1,714 sq. ft. to 1,801 sq. ft. overall. Removal of the existing indoor storage area, which is located on the south side or back of the building, enables the building to be redesigned to accommodate drive -thru oil change services. Automobiles would enter on the north side of the building and exit on the south side. To support the circulation needs of the drive - thru service, the site has been redesigned to improve the site's access, circulation and location of parking spaces. coon 3 5 Subd 5kIEj requires-at leas tW0 -(_ off= sheet- parking- spaeees-pfu off- street narking spaces for each service station stall. Since the site -& building plans propose two (2) service station stalls, the minimum off - street parking spaces required is ten (10). The submitted site plan shows 18 parking spaces plus one (1) parking space for handicapped persons. • Since the site has no direct access off of Shoreline Drive, the access to the site shown in • the northeast corner of the site requires access across adjacent properties to the east. The subject property and the properties to the east are owned by one entity, so any required cross access and parking easement documents will be submitted as needed with final documents. The site currently has two access driveways off of Wilshire Boulevard; the northern access is located approximately 20 ft. south of the intersection with Shoreline Boulevard and the southern access is located at the block's midpoint where an alley was previously vacated. The site plan proposes to remove the northern access driveway, in order to improve the safety of this intersection and enable parking spaces to be relocated to this area. The southern access, which is also the main access from Wilshire Boulevard to the shopping area to the east, will not be altered. However, traffic exiting the remodeled drive -thru building will now be entering into this main access drive into the shopping area to the east, which may require some type of caution or warning signage for drivers exiting the drive -thru building. The site plan shows just 15 ft. between the back of the building (drive -thru exit) and the main access drive. • The site currently contains essentially 100% hard/impervious surface. By rearranging the site's access points, on -site circulation and parking areas more efficiently, the applicant is proposing to reduce the hard/impervious surface down to approximately 82% and add green space to the site. The most significant green space areas are on the east and north sides of the building and in the northwest corner of the site. Hardcover in the B -1 zoning district is allowed up to 75 percent which is currently exceeded and deemed to be an • existing condition. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 NOT= P. 4 #07 -13 5293 Shoreline Drive CUP Amendment • July 9, 2007 Staff recognizes that the applicant's site plan substantially improves the visual and drainage quality of the site by reducing existing impervious surfaces and adding green space and brings the site closer to the 75 percent allowance. • The site currently has no green space with one existing tree located in the southwest portion of the site along Wilshire Boulevard. The site plan proposes removal of the existing tree to allow parking spaces to be relocated in this area. Section 350.725 Subd 2(A) requires a minimum number of trees for a commercial site as the greater of • One (1) tree per 1,000 sq. ft. of gross building floor area, or • One (1) tree per 50 lineal feet of site perimeter. The proposed 1,801 sq. ft. building would require two (2) trees, whereas, the site perimeter requirement would require five (5) trees based on a street perimeter of approximately 265 lineal feet. The minimum size of plantings for deciduous trees is 2.5 /n% r- — _— 1- - :-1.+ Tl..o diameter, and shrubs (Arctic Sun Dogwood) (3 feet on center) around the building. • An existing freestanding sign is located at the northwest corner of the site and the site plan proposes to keep this sign. Within the B -1 zoning district, one freestanding sign per street frontage is permitted with the following limitations: • o signs shall not exceed 48 sq. ft. in area o signs shall not exceed 25 ft. in height o signs shall not be located closer than ten (10) feet from any street right -of -way and the ten (10) foot setback may be increased at intersections or other areas where freestanding signs may obstruct vehicular site distances. Since the existing sign is located right at the street right -of -way with essentially no setbacks, it is a non - conforming sign. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend to Council approval of an amendment to the conditional use permit (CUP) for an automobile service station use at 5293 Shoreline Drive, with the following conditions and findings: 1. Payment of any City fees for review of the CUP amendment application. 2. Any disturbance to the existing curb, gutter, streets and sidewalks due to construction including, but not limited to, installation of the water service, sewer service, small utilities and removal of existing driveway, shall be the applicant's responsibility to replace. • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax(612)338 -6838 P. #07 -13 5293 Shoreline Drive CUP Amendment July 9, 2007 3. Applicant shall be required to add some type of caution or warning signage on the south side of the building for drivers exiting the drive -thru service area and entering the east - west access driveway between Wilshire Boulevard and the shopping area to the east, since the site plan proposes only 15 ft. of driveway space between the back of the building and the east -west access driveway. 4. The landscape plan shall be modified to add at least one (1) tree to meet the minimum number of trees requirement of five (5) trees. The submitted landscape plan shows the four (4) trees located near the building; three (3) trees on the east side and one (1) tree on the north side. Staff suggests that the applicant consider placing some of the required or additional trees in the green space adjacent to the streets in the northwest corner of the site as long as appropriate sight distances are being maintained. 5. Staff would also like the applicant to consider increasing the green space on the site by reducing the number of parking spaces, since the site plan proposes excess parking spaces sser number, the site-could potentially be designed to incr_eas� een mace along Shoreline Drive (including the addition of trees) and allows the placement of a tree along Wilshire Boulevard. Also, hardcover would be further reduced and/or possibility eliminated which improves an existing nonconforming condition. e 6. A sign permit is required for any and/or all signs that are installed, erected, relocated, modified, altered, or changed. The site plan proposes to retain the existing freestanding • sign and shows a wall sign on the north elevation of the remodeled building. Since the existing freestanding sign is non - conforming due to lack of adequate setbacks from both street rights -of -way, Staff recommends that any future changes that are approved for this sign also require the sign to be relocated to meet minimum setbacks. 7. The applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 8. Any required cross access and parking easement documents will be submitted as needed with final documents. Findings of fact in support of the CUP amendment: 1. The remodel of the existing building will improve the visual appearance and functionality of the automobile service station conditional use. 2. The improved site design will improve the visual and drainage quality of the site by more efficiently organizing parking spaces, reducing the hard/impervious surfaces from 100% to 82 %, and adding green spaces. The removal of the existing northern access drive on Wilshire Drive, which is located approximately 20 ft. south of the intersection, will improve the traffic safety of the Shoreline Drive/Wilshire Boulevard intersection. e 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 H•: r CONDITIONAL USE PERMIT APPLICATION 5341 Maywood Road, Mound, MN 55364 Phone 952 -472 -0600 FAX 952 -472 -0620 Application Fee and Escrow Deposit required at time of application. PLANNING COMM. DATE CITY COUNCIL DATE: Distribution: City Planner: City Engineer: Public Works: Parks: Please type or print the following information: CASE NO. Fire Dept. Other: PROPERTY Subject Address ✓� 1 Nv -- INFORMATION Business Name of Lot 2� Z� � UN 11' Subdivision+ The applicant is�y Owner Other: Block PID #i1� Plat # LEGAL DESCRIPTION APPLICANT �A,,�,,/ �T Name (yj}/ Address v� AW& ( t - ab M =V� e� G �✓' Z 63 J� �t rrsl' •t ��w...,.n 1 1 i.+�. 1 vG , �`'��^n/ Phone Horne Cell E- ail Addres fi Fax d I' .� aj(44A T S" 1 r*AtU*#! d-MAIf .S Name ✓ v . —I -- OWNER 4 2501 Mk'�� (if other than Address applicant) q% • Tic) • $A Cell Phone Home Work. Name 14� wV i WWLt3 ARCHITECT, ZZ&� W ,�J`� - I W 0 t ..a 1� i !"( if ob SURVEYOR, Address AA o IA/� n OR Phone Office 47� �Y/ Cell • Fax qC �� ENGINEER ZONING Circle: R -1 R -1A R -2 R -3 � B -2 B -3 DISTRICT •* • Conditional Use Permit Info (211012007) Page 4 of 5 �Jllfir Description of Proposed Use: Proposed use remains the same as the -- existing use. The intention is to improve both the site and building image. EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke /odor, parking, and describe the steps taken to mitigate or eliminate the impacts. Proposal will impact the surrounding properties in a positive manner by increasing the image of an existing facility. There will be no change in traffic, noise, light, smoke /odor (none currently exist) and parking will be orderly. i :. Has an application ever been made for zoning; variance, conditional use permit, or other zoning procedure for this property? ( ) yes, Kno. If yes, list dafe(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by al1 owners of the e:/ Ch�� Print Applicant's Name Ap is 157VNF6 ,47-e pl-,4 2 * G L t property, or an explanation given why this is not the case. Print Owner's Name Owner's Signature Print Owner's Name Owner's Signature Date S"� © i Date Date City Code Section 350:525 relating to-Conditional Use Permits must be reviewed by the applicant. ' If applying for a two family dwelling, City Code Section 350 :630, Subd. 4, must be reviewed,by the applicant. Conditional Use Permit Info (2/10/2007) Page 5 of 5 MM,• • r� !W 149.23 -- Lo N 15530.54'1 WILSHIRE BLVD N, �y. g RITE AWAY OIL CHANGE ....,� CX_{m -i a;lsg F:0m�In g;F —u z. o � V1�� TONY HENTGES, OWNER enm rmmwD <o5O g: � § d 'a m wZ C d zm Z p 0 _ cl) Z -a A D za --:gI.L 1 .11 a 1 -1 1 1; ff �y. g RITE AWAY OIL CHANGE ....,� c `,. :. 5293 LINE DRIVE SHORE MOUND, MINNESOTA 55364 ii �yry�� 811°` "`"f0M""p'"" """wour wosrelmMaertcr nru TMes.re on wewrw a� C=!h - movr.m+.�ae.a ayuweN xvsan �s�• r.,an.asxn•�.O.e..n+.m.m.� V1�� TONY HENTGES, OWNER enm J f D- 4 Lm 9 0 E.I.H.V ataaaa to remain R- --gatl P•lk ng alai" F.J." aaeaaa b ba —W m- a 7 m 0 m a7 T 3 1=11 g v m m W < m ma3 ? 0 ID m m 5 Q�'am0a��� m m c m D° �m m m a m noS�mv�� 9 Q. 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OWNER � 0 I* • RESOLUTION No, 63-262 RESOLUTION GRRANTING PERMIT FOR SPECIAL USE WHEREAS, Jots 21-25, inclusive, Block 1, Shirley Ijills Unit F are presently zoned Commercial Use District; WHEREAS, the owners theriF=ol have made rapplication for Special Use Permit for gr,�-,oline retail filling stati(.-)n or automot)i1e service station pursuant to Section 23.15 subd. 4, Mound Code of Ordinances; AND WHEREAS, not-ice of hearing of the application was duly pub- lished and the hearing was held -thereon on the 3rd day of December, 1963 and continued to December 10, 1963, at which hearing all persons desiring to be heard were given an opportunity to be heard., and it appears in the public interest to grant the same; NOW THEREFORE BE IT RESOLVED BY T14E VILLAGE COUNCIL OF MOUND, MINNESOTA: Conditioned upon Construction of said service station in accord with the plans as filed with the Village, and conditioned upon inclusion of concrete curb and gutter around the radii-is and up to the property line on Wilshire Drive, that permit for use of Lots 21-25, inclusive, Block 1, Shirley Hills Unit F, as gasoline retail filling station or automobile service station be, and hereby is, granted. Adopted by the ("ouncil this l0th day of December, 1963. -4693- THIS PAGE IS INTENTIONALLY LEFT BLANK MA- 0 � r� 0 5341 Maywood Road Mound, MN 55364 • (952) 472 -3190 EXECUTIVE SUMMARY City of Mound Planning and Building Department TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: July 19, 2007 SUBJECT: Variance Request — Side Setback for SFD (After the Fact) OWNER/APPLICANT: George Linkert PLANNING CASE NUMBER: 07 -02 LOCATION: 5017 Avon Drive P I D : 24-117-24-13-0002 ZONING: Residential District R -1 COMPREHENSIVE PLAN: Residential • BACKGROUND The City Council will review an application from George Linkert who is requesting "after - the- fact" variance approval of a side setback(s) of 1.5 feet on the east side associated with the constructed location of a new home which is inconsistent with the City's 2004 variance(s) approval for the project which required a 2.1 foot setback in this location. • The City Coun ' 'approved a variance (PC Case No. 04 -29) in 2004 to allow tear down of the ex sting home and construction of a new dwelling on the existing foundation (subs t_(o conditions.) • The building permit for the house was issued on March 1, 2005 and was made subject to the several conditions including, but not limited to, the City's variance approvals as referenced in Resolution No. 04 -112 adopted on September 28, 2004. • The Certificate of Occupancy was issued for the structure on October 31, 2005 following submittal of an as -built survey by the applicant. • In June 2006, the City notified the property owner by letter that the constructed setback needed to be confirmed for accuracy. Shortly thereafter, the applicant informed Staff that the information provided on the submitted as -built survey was incorrect and provided an alternate as -built survey indicating that the setback on the east side was actually 1.5 feet from the lot line and therefore not consistent • with the original approval of 2.1 feet. -4695- 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. A variance may be granted only in the event that the following circumstances exist: A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this ordinance have no control. B. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. C. That the special conditions or circumstances do not result from the actions of the applicant. D. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which would alleviate the hardship. F. The variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone. 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 unless an extension is executed by the City. • Members are advised that the variance application was received and deemed to be complete on or around March 22, 2007. • A 60 -day extension for agency action was executed on or around May 4, 2007 and reaffirmed again on May 18, 2007. • Due to the commencement of a mediation process in cooperation with an adjacent property owner, the applicant granted an extension to the City of Mound for an indefinite period of time but not beyond 30 days following the conclusion of mediation discussions. 01 • • On or around June 28, 2007, the applicant notified the City of Mound that mediation discussions were discontinued on June 27,2007 and also granted an extension to the City for an additional 60 days beyond the original applicant deadline of on or around July 25, 2007 to allow adequate time for review of the variance by the Planning Commission and City Council. Members are advised that this date is a correction from the previous report which included a timeframe of 60 days from the June 27, 2007 date. CITY DEPARTMENT / PUBLIC AGENCY REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments and involved agencies for review and comment. Waldron & Associates No comments. Ray Hanson, P/E Technician Any additional details regarding how / when the construction error occurred would be helpful. Refer to applicant/ construction manager narrative and supplemental information provided in packet. Rita Trapp, HKGI Application complete. No comments. John Dean, City Attorney Application complete. GENERAL COMMENTS 1. The standard side setback(s) for principal structures for lots of record in the R -1 • District are 6 FT / 10 FT respectively. 2. As the Council may be aware, City policy 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. The as- built survey provided to the City by the applicant showed that the east setback for the structure to be 2.1 feet which was consistent with the City's variance approval. 3. Members are advised that the foundation survey policy was not in -place when the building permit was issued. 4. The applicant informed the City in June 2006 that the information contained on the submitted as -built survey was incorrect as a mistake occurred during the design /construction process. Applicant was advised of the alternatives available to resolve the issue, including but not limited to, the approval of a boundary adjustment, modification of the structure and/or approval of an after the fact variance. • -4697- 5. Since that time, the applicant has discussed the possibility of a boundary • adjustment with the involved property owner(s) to the east. Additionally, both parties worked with a mediation service in May /June 2007 to attempt to find a cooperative solution. The property owner has also undertaken discussions with a contractor to evaluate whether there are alternatives to modify the house to conform with the project approvals. It is Staff's understanding that such an undertaking involves reconstruction and /or modification of the foundation, exterior walls and roof in the foyer corner of the house. STAFF RECOMMENDATION Due to lack of hardship and evidence that the requested variance is the minimum amount possible to accomplish the intended task, Staff does not support the variance and therefore recommends denial. The following findings are offered: 1. The submitted as built survey provided to the City by the applicant incorrectly depicted the setback to be consistent with the City's approval. 2 Reconstruction of the east wall / foyer area(s) would alleviate the condition. 3. The conditions of City Code Section 350.530 are not being met. PLANNING COMMISSION OVERVIEW/ RECOMMENDATION The case was heard by the Planning Commission at its July 9, 2007 meeting. In general, discussion included an overview of the construction project including a • summary of how the error occurred and when the setback deficiency was discovered by the applicant. Additionally, the applicant also explained the actions that have been undertaken to date with regard to possible options and /or ways to alleviate the condition which have included a review of possible building alterations, a proposed boundary adjustment and /or property swap involving the neighboring property owner(s), mediation discussions and pursuit of an after the fact variance. The adjacent property owner was present at the meeting and explained that they have several concerns including construction of the structure closer that their property line than what was approved, a possible property line encroachment, water runoff problems during the spring and snow loading. The neighbor also commented that they were considering possible legal action which is explained in a letter which was received earlier in the day and distributed to the Planning Commission at the meeting. The Planning Commission voted 5 in favor (Claywell /Burma /Stevens /Michael /Paulsen) and 1 opposed (Ebert) to recommend City Council approval of the after - the -fact variance. Council Representative Skinner abstained from the voting. Some Commissioners who supported the variance discussed that the construction error was unintentional and was the result of a miscommunication between the owner /surveyor /designer. • • Details regarding the meeting are included in the July 9, 2007 meeting minute excerpts (Draft). Due to lack of findings from the Planning Commission, Staff also prepared notes from the meeting tape which have been included to provide additional background for the Council. • 0 Due to differing recommendations from Staff and the Planning Commission, a resolution has not been prepared in advance of the City Council meeting. It is anticipated that a resolution, based on the City Council's action and findings, would be prepared and brought back at the next meeting. MINUTE EXCERPTS (DRAFT / NOT APPROVED) MOUND ADVISORY PLANNING COMMISSION JULY 9, 2007 CALL TO ORDER DRAFT Chairman Michael welcomed the public and called the meeting to order at 7:00 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz (8:12), Ory Burma, Suzanne Claywell, Christine Ebert, Michael Paulsen, Eva Stevens and Greg Skinner. Absent: Becky Glister; Staff present: Community Development Director Sarah Smith, Planning Consultant Jeff Miller, and Recording Secretary Jill Norlander. The following individuals were present: Brad Etherington (4932 Glen Elyn Rd); Scott Henricks (5013 Avon Dr); Austin Evans (5799 Colony La); Neil Weber (2250 Watertown Rd, Long Lake); Tony Hentges (5293 Shoreline Dr); George & Janet Linkert (5017 Avon Dr) APPROVAL OF JUNE 11, 2007 MEETING MINUTES MOTION by Burma, second by Stevens, to approve the minutes of the June 11, 2007 is Planning Commission meeting. MOTION carried unanimously. APPROVE AGENDA WITH ANY AMENDMENTS Request was made to move Case 07 -02 to the top of the agenda. Commissioners had no objection. Other applicants agreed as well. BOARD OF APPEALS CASE #07 -02 VARIANCE FOR HOUSE SETBACK (AFTER THE FACT) 5017 AVON DRIVE GEORGE LINKERT The applicant is requesting approval of a side setback of 1.5 feet on the east side associated with an error in the construction of a new home. The variance approved in 2004 authorized a 2.1 foot setback in this location. Mr. Linkert addressed the questions from the Planning Commission. Mr. Henricks (5013 Avon Dr), the neighbor to the east, also presented his viewpoint to the Commission. He felt that construction of the new house had affected drainage and water infiltration into their basement. • -4700- Chair Michael reminded the audience of the hardship requirement • asked about the need for legal council because of the issues 1 Stevens ask • • Burma reminded the Commission that it wasn't a deliberate mistake. The drainage issue doesn't make sense looking at the elevations. Selling the house won't fix the problem; it will still be a non - conforming property. MOTION by Burma, seconded by Stevens, to recommend Council approve the variance as requested. Discussion Christine expressed her regrets for the property owner but it is what it is and it's illegal. Chair Michael rarely goes against Staff but feels this variance is appropriate. Burma felt there was hardship on both sides but considerably more on the Linkert's. MOTION carried. Voting for: Claywell, Burma, Stevens Michael, Paulsen; Voting against: Ebert; Abstaining: Skinner -4701- July 9, 2007 PC Tape Notes 0 CASE #07 -02 - Variance Request 5017 Avon Drive ( Linkert) The applicant is requesting approval of a side setback of 1.5 feet on the east side associated with an error in the construction of a new home. The variance approved in 2004 authorized a 2.1 foot setback in this location. Michael — In the March 22, 2007 letter from George Linkert he says: "This was not revealed to me until I received the as -built survey..... ". Was it revealed from the survey? Smith — The original survey depicted a 2.1 setback. An issue was raised and brought to our attention that the structure may not be meeting the setback, at which time we notified the property owner and asked that it be re- verified. It was some time shortly thereafter that the applicant came in and indicated and commented that the setback was actually 1.5 feet and not 2.1. Michael — Did a regular builder build it? Smith — A construction manger, I think it's HomeWerx that was the construction manager and I think that the Linkerts can provide a lot of the detail. Michael — So, it would have been the construction manager? • Smith — Based on the detail in the packet and staff's discussions I think it was probably — it sounds like there was a misunderstanding between the surveyor and the contractor and it ended up that one wall got turned or changed and it was supposed to be the other wall. It was probably miscommunication via the telephone. Michael — Would not the developer be held responsible? Smith — Good question. The Linkerts can provide that detail for you. Michael — Has there been no contact with the neighbor? The neighbor didn't return phone calls, except once. They met face to face and the neighbor was to get back to them. Now, if I understand the terms of the letter, they are vehemently opposed to the 8 inch variance. Smith — My understanding is that the parties have attempted to work in good faith. I think that there was an inability to get in contact with one another later on last year, early into fall, and that there were certain family members that lived out of town and there was difficulty making contact and e-mail addresses and things. There appeared to be a willingness to at least discuss the issues and work out the issues. Again, that was one of the discussions staff had with the applicants and it seems that there was is -4702- certainly attempts made but I think there was certainly some delay. The mediation • efforts seem to be cooperatively engaged. Regretfully, they just didn't come to any cooperative settlement for the involved parties. Burma — Just trying to get the time frame here to what happened first and what happened next. The variance was granted for 2.1 setback; then this surveyor, Untied were still okay with the 2.1. Are they the ones that said the east wall had to be beefed up? Smith — I'm not certain of that exact detail. What I can tell you is that the building permit that was issued depicted an east setback of 2.1 feet in that location. It was during the construction after the building permit was issued. Not uncommon. Things change as you're moving along. Again, it sounds like it was miscommunication in error, perhaps one person thought it was one and the other person thought it was here and something moved. Subsequently, that's when the footprint changed. Claywell — How far away is this house that's next to it that's opposed to letting it stand? Are they right on top of the lot line? Smith — They are about 15 feet from their west line. Claywell — Is the roof extending into their property too difficult for them to deal with? It's over their lot line but it's not like it's.. • Smith — The expectation for the affected property owner is that the house was to be constructed at 2.1 feet and it was constructed at 1.5 feet. Therefore, it moved closer to them. And it is my understanding that moving closer may also have created a condition that some of it may be overhanging. Mr. Linkert (applicant) — Thank you very much for this time and opportunity to hear our case. It is very embarrassing; something I took very much pride in to have to, and I knew there'd be mistakes, but I didn't realize there'd be anything like this. I want to clarify what happened with the miscommunication that happened in 2004. When we were getting ready for the 2nd meeting I was on the phone with the surveyor to adjust things. We needed to redo the entryway going up to the front door. The old entryway was very narrow, now it's safe. The ice would form on it all the time, we wanted something safer. I was on the phone with the surveyor trying to adjust that corner of the house. We were brainstorming ideas on how to get it to fit to 2.1 and I said "What if we move the front door, the front wall back a foot. Where do we sit there? I heard him click on a mouse and do some adjustments and he said "that fits perfect ". So, I said "print that off and I'll run that to the City and talk to the designer ". I got my print, built the house and then in October, 2005 1 had the as -built survey done, moved in and we're very excited. I saw the survey at that time showing 1.5 not the 2.1. 1 talked with them and asked what was going on. He had it on his computer still, and he said "this wall here you said is too close and you were going to build it like this ", but, the surveyor • moved the wrong wall back a foot. -4703- I panicked. I doctored the survey to show it was 2.1. 1 submitted an incorrect survey to • the City. I really regret that. I regretted it at the time, but, let me just say that we had our first daughter born with Down's syndrome. We were dealing with that and all the health issues. We were living with Janet's, my wife's dad, who lived here in Mound for 40 years and he was pretty much bed ridden. It was my primary responsibility to take care of him. We were really excited to move back to Mound into the house my wife grew up in. So, I panicked. When the City asked me to verify what the number was there, I had to tell Sarah what happened. When I asked her how I could fix this, how I could make it right, she gave me the three options of reconstruction, boundary adjustment and a new variance. This was about a year ago. I finally started to try to talk with my neighbor who returned one of my calls. I talked with her face to face when she was in town in September 2006 and she would get back to me. She never did. The construction option is prohibitively expensive. It's 11 foot of basement foundation wall plus footings, plus we have attic trusses that hold up the floor. So, that was not an option for us. That's why we're here. We were set to meet in June and then I got a letter from my neighbor outlining her concerns finally to me. Actually, up to when I talked with her face to face I didn't realize her issues. She sent us a letter asking for a large sum of money we are not able to pay. That's when we suggested mediation, which she tried to do from Florida. I don't know how successful that was. After the second meeting it was apparent that it wasn't going to be successful. That's why we're here. Let me just finish by saying that the reason this variance needs to be approved. There is no other option for my family. If we have • to do one of the other two options it's going to be probably us having to sell and move on. I really built this house for my family. I have grown to love Mound. We have tried to become here in town. We are active in our church. We are both musicians and have volunteered at the school band program a couple times; I've volunteered to be an election judge last year; we are involved with the special education program in the schools. I think we are a big asset to Mound and hope that the City can see us for who we are. I know that we screwed this up and hope that we can be forgiven. Claywell — Can't you hold someone liable for this? Linkert — No, I was the owner /contractor. It was my miscommunication with the designer and surveyor. I didn't make myself clear or they misheard me. I never compared design with survey to make sure they matched. I don't believe so. Scott Henricks (5013 Avon Dr, the neighbor to the east) I'm representing my mom, Marilyn. She owns the house. We went through mediation and were unable to come to an agreement. (He demonstrated on the overhead.) We have water runoff issues, we believe because of the new construction. (He pointed to the area of new footings) It seems quite apparent to us that any reasonable person would come to the conclusion that, starting at 2 feet already and you add existing footings, considering the orientation of the house on a pie shaped lot that you are going to encroach further onto the property line. They did that, they added 18 inch overhangs with gutters. We haven't had • -4704- a survey to confirm that the overhangs are on our property but simple math tells you it's • there. I did have a survey. I think the problem originally came to light through a survey that we conducted. If you'd like a copy I'd be happy to provide that. We had the survey crew specifically measure the distance from a property to their footings and they did point out the 1.5. My mother's currently retired to Florida. She is very bitter about the whole issue. We have retained a lawyer. You should have a copy of his letter to the City. The issue will probably go to litigation. We are asking that this issue be delayed until we have a chance to resolve it through the legal system. Michael — How far do you think those overhangs extend over the property? Henricks — It's hard to say; a couple of inches in the corner. We didn't have the surveyor measure that distance because we were still trying to determine if they met the original building permit at that time. That's probably something our lawyer will eventually will get the surveyor to come out and get an official measurement. Stevens — You mentioned you have water runoff? Please explain that to us. What does that mean? Henricks — We have water issues in the spring. Only on this side of the house, we have water issues starting in March. This year it was particularly wetter we hhad water n thewater in the basement for about a week. Last year when as basement until the middle of June, we believe because of the size of the house, size of • the roof line it's funneling more snow into this area. Between our houses it's all clay. The clay gets saturated and causes the water issue for us. • Stevens — I think the applicant mentioned that the homeowner was willing to sell a piece of the property? Henricks — They offered to do a property swap. (The location wasn't acceptable.) I don't think the City Council would have approved the variance to 1.5. We would have objected to further encroachment. We weren't given that opportunity because they said they were going to build on existing and original building footprint. We're looking for other legal resolution now. The water runoff is just an additional issue we're going to deal through litigation. Michael — Were their drainage issues submitted with the building plan? Smith — Yeah, the whole building permit would have been reviewed by members of staff including Public Works and Engineering. We've got John Cameron's comments in the packet. I also believe there are gutters on the house. -4705- Henricks — The gutters are not the problem. We don't have a summer water issue we have a spring water issue and we believe that it's due to snow stockpiling between the houses. Ninety five percent of that property is our property and we feel their house is depositing more snow onto our property. Michael — Ninety -five percent of that property is your property? Henricks — Yes Michael — So, five percent of theirs would be putting snow onto your property? Ninety - five percent of the space you're having the problem with is your land? So, wouldn't ninety -five percent of that water problem be your problem as opposed to your neighbor's problem? Henricks — We believe it's caused by their new house. It wasn't a problem until they built the new house. Their new house is considerably bigger than their old house and causes more snow. It's not an issue for you guys as it is for........ Michael — Well, it is. Because when people build new houses we ask for a grading and drainage plan and we're assured by that plan that it's not going to be a problem to the neighbor's house. That's why I'm asking you. Henricks again offered a copy of their survey. Sarah made a copy. Henricks — We are simply asking to allow this process to run through the legal system • before any decisions are made. Linkert — I wanted to point out that the footprint of the new house is essentially the same as the old house. We didn't touch the grading between the houses at all. We didn't drive any construction vehicles between our homes. If you look closely at the survey you can see the grade actually comes toward our house. We didn't try to hide from anyone that we planned to put a new entryway in, which includes some of the footings I believe he is talking about. Regarding the snow between our homes, our house is blocking a good chunk of the snow blowing as well. Michael — I've been on this commission a good long time and never run into anything quite like this. It seems that someone could come to an agreement about 7.2 inches. You should be able to work this out with neighbors. It would seem to me that there was a mistake. Anyone can make a mistake. The worst mistake, however, was trying to cover. The good thing about that mistake is at least you owned it and didn't keep saying "well, it's not my fault ". However, where to we stop with variances, which this community is just surrounded by? Because of things like this we now have an as -built as well as a foundation survey which is more rules upon rules upon rules. I'm not sure that it's in our purview to table this so any legality can be decided. The case comes to us and we have to decide on it. I can see a hardship, small as it may be. I can also see the neighbor's point of view in that what's built is built and just because it has to be • -4706- corrected, a variance with us does not allow us to take into account the financial • hardship. We can't allow that to interfere with the final opinion on it. Having said that, I would like to turn this back to the commission and have us kick it around. Stevens — When somebody threatens legal action don't we need an attorney to tell us how to behave? Can we send this forward to City Council without recommendations? Michael — We should either vote on it as it is or table it. Stevens — So, if this attorney asks us not to act and we're advised they intend to proceed legally we can't table it and ask for legal council? Michael — We can, but I'm not sure we should be concerned what that attorney thinks. The Ci t y Council needs to. Burma — The attorney is asking us, not ordering us. It's not an act of the court to tell us not to act on this. I feel that it's our obligation to take action on it whatever that action might be. My thoughts, as are yours Mr. Chairman, is that it wasn't a deliberate mistake. There was a deliberate act to cover it up and to own up to that mistake. The drainage issue doesn't make sense looking at the elevations causing more of a drainage problem for the applicant in my mind. The 1.5 foot setback and an 18 inch overhang and a concern that a portion of that overhang is in that neighbor's property is a little questionable in my mind. The applicant has said that if he doesn't get the • variance he will be forced to sell his home, which is legally not a concern of our, but doesn't solve the problem. It doesn't eliminate the variance, the house has to be sold with a non - conformity and it's still the City's problem. Finally, I look at the benefit to the neighbor or the detriment to the neighbor of the lesser setback as opposed to the cost of redoing this house and it's a non -issue as far as I'm concerned. Claywell I didn't quite catch when you first found the mistake in the foundation; was it when it was first poured or after construction had started? If it was when it was first poured it was easy to fix. Linkert —The mistake was not noted until we as-built very beginning but not the house was completed. The differences happ ened at the detected at all until the house was finished. Michael — In place today is the foundation survey to preclude future situations. As you have read in your packet, the recommendation was not supported by the staff. The findings that were offered were the submitted as -built survey provided by the applicant that incorrectly depicted the setback to be consistent with the City's approval; reconstruction of the east wall / foyer area(s) would alleviate the condition; the conditions of City Code Section 350.530 are Y t be variance or deny t. either recommend to the City Council that the approve this 7.2 var • Claywell — I'm going to abstain from voting. -4707- Michael — You may • Claywell — It's really a hard decision. I think that people should respect setbacks. I had a neighbor that didn't and it's a bad deal. This is unintentional and it's a big, costly expense to fix it but......... Motion by Burma, seconded by Stevens, to recommend Council approve the variance request. Discussion Claywell — I'm just really torn. Ebert — I completely feel for you, but, the rules are the rules and it was doctored. It was given a variance on all aspects of it; hardcover, side, front, everything and it was approved for all of those. I would not want to be in your place. But, it is what it is and it's illegal. Too much Michael — Nobody is tougher on variances than I am. I hate 'em. I kind of like Orv's comment, though. I'm not sure how this gets resolved if it's turned down and the house has to be sold. It will be a problem for the future owner and obviously the neighbor is not going to sell their land, the amount being exorbitant. There should be a way to swap that out. There's enough strife in this world without trying to work with one • another to work something out. Where do you stop in giving variances is very, very difficult. I, as a rule, 99% of the time absolutely go with staff, no questions asked. But, this time I have to disagree. I don't think that's going to resolve this issue and I'm going to move it on to the City Council as well. Burma — This body has heard me time after time, ad nauseam, talk about "what's the hardship ". In this particular case there's a hardship on one side, a hardship on the other side and I think the one outweighs the other immensely. Motion carried. Voting for: Claywell, Burma, Stevens Michael, and Paulsen. Voting against: Ebert. Abstaining: Skinner. Geoff — We are a recommending body. We are charged with going with code, but sometimes a little common sense might interfere here. The City Council makes that final decision and how they rule. I certainly recommend to both of you to come to the Council meeting and state your cases because those folks will make that final decision. I'm not sure when that will be. Smith — No date has been set. Potentially it could be the second meeting in July, which would be at the earliest the 20th of July. The compelling date for the City is that we are under timelines in terms of agency action unless an extension is granted by the applicant. Currently, we have been granted a 60 day timeline beyond the conclusion of • s: the mediation, which was on or around the 28th of June. Some time within that time • frame this application needs to get to the Council for formal action. It will be a very similar presentation to what we've heard tonight. Lastly, for those folks that voted to recommend approval it would be my suggestion that you prepare or suggest some findings for the record to include as we proceed to the Council. Skinner — If that 60 day is not met....... Smith — It automatically gets approved. The applicant granted an extension in June on the basis that we were going to be on the June calendar. The property owners that were involved had opted to pursue mediation. We thought that was a good route to pursue as it continues the ways to minimize variances or alleviate variances to resolve the issue. But, at the same time, because we lost a month, we asked the applicant for an extension just to make sure we were working within our own timelines that the State puts on it. As that concluded on the 28th, again, we worked with the property owners because my concern was that 30 days would have expired on or around the 27th of July, which is only 3 days in advance of the 2 Council meeting. My concern as a staff member is that I don't want to be put in a box that an application gets approved or denied because we failed to act. Therefore, sometime between then and the 60 day expiration this will advance on to the City Council. We, of course, will prepare the record and notify the involved and proceed with preparation of the documents. Michael — Would it have been a better motion to table this because of this reason? • Smith — I think that that's at the discretion of the Planning Commission that if there are more issues you feel you would like more information on, that's certainly a reason to table. I apologize; we just got that letter this afternoon. When we got it we faxed it to the applicant and forwarded it to the City Attorney and didn't have time to appropriately respond in advance of the meeting, but our City Attorney has been made aware of it. But those issue relative to land use recommendations and when it goes to the Council, they'll be reviewed before it gets to the Council, I'm certain. Michael — Would John have time to ......... Smith — We just made him aware that the letter had been received and that the issues that were outlined in the letter and he directed that as requested by the applicant the legal representative that we provide a copy to members of the Planning Commission as a courtesy because it was a public document that was going to be shared that get it to the involved property owner as well. That was the extent of our conversation this afternoon. I didn't have an opportunity to make arrangements for him to be here, but, at the same time, it was our understanding that applicant's neighbor had no intention of bringing his legal council either. The Planning Commission's purview is to act on the land use issues. The legal issues will be dealt with by the City Attorney and the Council. Unless the property owners want more time we can certainly....... • Michael — We can certainly move to reconsider a hasty...... -4709- Henricks — When did the 60 days timer start clicking? Does it start at the original • meeting date, or ...... Smith — What was officially submitted on the 18th or 22nd of March, that's when the application came in and everything was here that we needed. And so, the first 60 days would have expired mid -May. By law, we get an automatic 60 day extension, which we executed. That's 120 days. We were scheduled to be on the June agenda I was concerned that our timeline was getting tight to make meetings and things in case things got tabled and such. So, we asked the applicant because of the mediation discussion if they would be willing to grant us an extension. That was favorable for all parties. Then, when we were notified a week or so ago that the settlement discussions were concluded just where we were in the month 30 days put the City in a very, very tight timeline. We asked and were granted fully 60 days. So, that puts us 60 days in late August. Again, under law an applicant can ask to extend the deadline. And they do from time to time and for good reason. This is a good example of it. Michael — Mr. Henricks and Mr and Mrs. Linkert, I am very sorry you are having a problem. I do hope it gets worked out. We try our best. It's a tough job sometimes. This is probably one of the toughest. So, hopefully, you guys can reconcile. Thank you very much for coming before use tonight. We appreciate your time and patience with us as we sit here and try to discuss this and work it out in our minds. • • -4710- Jul 09 07 12:43p Jaspers Moriarty Walburg 206 Scott Street Shakopee, MN 55379 (952)4452817 — Phone • (952)445 -0612 -Fax 16 14D c� To: City Administrator/Clark From: Kevin W etherilie Fax: 952 - 472 -0679 Pages: 2 ind. cover Phone: Date: Re: 7l9 Planning Commission meeting CC: REMOVED JUL 9'' 2007 MOUND PLANNING X Urgent ❑ For Review ❑ Please Comment ❑ Please Reply O Please Recycle e Comments: Please find enclosed a letter to be presented to the Planning Commission prior to tonight's meeting. Please call with any questions. Kevin Wetherille Confidentiadltv Notice: The document(s) accompanying this fax contain confidential informatioe which is legally privileged. The information is intended only for the use of the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance an the contents of this telecopied information except in its direct delivery to the Intended recipient named above is strictly prohibited. H you have received this fax in error, please notify us immediately by telephone to arrange for retum of the original documents to us. -4711- P.2 JASPERS MORIARr1' WALBUR July 9, 2007 City of Mound VIA FACSIMELE (952) 472 -0679 Attn: Planning Commission 5341 Maywood Road Mound, MN 55364 RE: Linkert variance application, July 9, 2007 To Whom It May Concern: ft 9 4'06Nop '?ao/> G9N��NG Please be advised that our office has been retained by the Henricks family who are the adjacent property owners to the above variance applicant. We are in the process of investigating this matter to determine the appropriate course of legal action on behalf of our clients, and believe that in no way should a variance be granted for the Linkert property. The original permit for the Linkert project actually proposed iacreasinE the already existing set back from 2.0 feet to 2.1 feet on the east side of the property. As you may be aware, it appears that the actual construction on the Linkert property exceeded the scope of the building permit issued by the City of Mound in that the setback on the east side of the subject property was reduced from the permitted 2.1 feet to 1.5 feet. As a result, the roof line and extensions on the subject property encroach upon, and may in fact extend- over the property line. The applicants are now seeking a retro - active variance allowing the encroachment towards our clients' home. Our clients' vehemently object to this request. We are unable to be in attendance at this evening's meeting, but a representative of the Henricks family will be present to voice a formal objection to the requested variance. In the meantime, if you have any questions, please feel free to contact the undersigned. Very truly yours, JASPERS MQ,K ARn` ND WALBURG, P.A. J evin . Wetherij e Attorney at Law KJW:kjw Cc: Scott Henricks 206 SCOTT STREET • SHAKOPEE, MINNESOTA 55379 TELEPHONE (952) 445 -28171 FAX (952) 445-0812 www.jmwiaw_com E -MAIL: dmorjarty@jmwlaw.com lvickenTmn@jmwlaw.com swalbw'g @jmwlaw.com kwedierilleeimwlaw.com eostlund4@jmwlaw.com -4712- • • • JEROME JASPERS o91&i w) DENNIS PATRICK MORIARTY G, P.A. STEPHEN W. WALBURG LEE VICKERMAN ATTORNEYS & COUNSELLORS AT LAW KEVIN J. WETHERILLE ERIK R- OSTLUND July 9, 2007 City of Mound VIA FACSIMELE (952) 472 -0679 Attn: Planning Commission 5341 Maywood Road Mound, MN 55364 RE: Linkert variance application, July 9, 2007 To Whom It May Concern: ft 9 4'06Nop '?ao/> G9N��NG Please be advised that our office has been retained by the Henricks family who are the adjacent property owners to the above variance applicant. We are in the process of investigating this matter to determine the appropriate course of legal action on behalf of our clients, and believe that in no way should a variance be granted for the Linkert property. The original permit for the Linkert project actually proposed iacreasinE the already existing set back from 2.0 feet to 2.1 feet on the east side of the property. As you may be aware, it appears that the actual construction on the Linkert property exceeded the scope of the building permit issued by the City of Mound in that the setback on the east side of the subject property was reduced from the permitted 2.1 feet to 1.5 feet. As a result, the roof line and extensions on the subject property encroach upon, and may in fact extend- over the property line. The applicants are now seeking a retro - active variance allowing the encroachment towards our clients' home. Our clients' vehemently object to this request. We are unable to be in attendance at this evening's meeting, but a representative of the Henricks family will be present to voice a formal objection to the requested variance. In the meantime, if you have any questions, please feel free to contact the undersigned. Very truly yours, JASPERS MQ,K ARn` ND WALBURG, P.A. J evin . Wetherij e Attorney at Law KJW:kjw Cc: Scott Henricks 206 SCOTT STREET • SHAKOPEE, MINNESOTA 55379 TELEPHONE (952) 445 -28171 FAX (952) 445-0812 www.jmwiaw_com E -MAIL: dmorjarty@jmwlaw.com lvickenTmn@jmwlaw.com swalbw'g @jmwlaw.com kwedierilleeimwlaw.com eostlund4@jmwlaw.com -4712- • • • 060212 24 /117 /24 HENRICKS, MARILYN ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 MARIL YN HENRICKS SURVEYED_ April 11, 2006 DRAFTED: April 12, 2006 LEGAL DESCRIPTION: Lots 3 and 4, Block 3, Shirley Hills Unit B, Hennepin County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. -s H. Parker P.E. & P.S. No. 9235 -4713- GRAPHIC SCALE p0 0 10 20 ( IN FEET Lax® -4714- Drw. No. 060212 • • • • 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 PLANNING REPORT TO: Planning Commission City of Mound Planning and Building Department FROM: Sarah Smith, Community Development Director DATE: June 4, 2007 SUBJECT: Variance Request — Side Setback for SFD (After the Fact) OWNER/APPLICANT: George Linkert PLANNING CASE NUMBER: 07 -02 LOCATION: 5017 Avon Drive P I D : 24- 117 -24 -13 -0002 ZONING: Residential District R -1 COMPREHENSIVE PLAN: Residential BACKGROUND The applicant, George Linkert, has submitted an After - the -Fact" variance application requesting approval of a side setback(s) of 1.5 feet on the east side associated with the constructed location of a new home which is inconsistent with the City's 2004 variance(s) approval for the project which required a 2.1 foot setback in this location. • The City Council approved a variance (PC Case No. 04 -29) in 2004 to allow tear down of the existing home and construction of a new dwelling on the existing foundation (subject to conditions.) • The building permit for the house was issued on March 1, 2005 and was made subject to the several conditions including, but not limited to, the City's variance approvals as referenced in Resolution No. 04 -112 adopted on September 28, 2004. • The Certificate of Occupancy was issued for the structure on October 31, 2005 following submittal of an as -built survey by the applicant. • In June 2006, the City notified the property owner by letter that the constructed setback needed to be confirmed for accuracy. Shortly thereafter, the applicant informed Staff that the information provided on the submitted as -built survey was incorrect and provided an alternate as -built survey indicating that the setback on • the east side was actually 1.5 feet from the lot line and therefore not consistent with the original approval of 2.1 feet. -4715- 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. A variance may be granted only in the event that the following circumstances exist: A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this ordinance have no control. B. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. C. That the special conditions or circumstances do not result from the actions of the applicant. D. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which would alleviate the • hardship. F. The variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone. 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 unless an extension is executed by the City. • Members are advised that the variance application was received and deemed to be complete on or around March 22, 2007. • A 60 -day extension for agency action was executed on or around May 4, 2007 and reaffirmed again on May 18, 2007. • Due to the commencement of a mediation process in cooperation with an adjacent property owner, the applicant granted an extension to the City of Mound for an indefinite period of time but not beyond 30 days following the conclusion of mediation discussions. • -4716- • On or around June 28, 2007, the applicant notified the City of Mound that mediation discussions had been discontinued and also modified the applicant extension to the City for 60 -days beyond conclusion of the mediation discussions to allow adequate time for review of the variance by the Planning Commission and City Council. NOTIFICATION City policy requires that abutting property owners are notified of variance requests by mailed notice. This task was undertaken on or around July 5, 2007. CITY DEPARTMENT / PUBLIC AGENCY REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments and involved agencies for review and comment. Waldron & Associates No comments. Ray Hanson, P/E Technician Any additional details regarding how / when the construction error occurred would be helpful. Refer to applicant/ construction manager narrative and supplemental information provided in packet. • Rita Trapp, HKGI Application complete. No comments. Ri pp, John Dean, City Attorney Application complete. GENERAL COMMENTS 1. The standard side setback(s) for principal structures for lots of record in the R -1 District are 6 FT / 10 FT respectively. 2. As the Planning Commission may be aware, City policy 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. The as -built survey provided to the City by the applicant showed that the east setback for the structure to be 2.1 feet which was consistent with the City's variance approval. 3. Members are advised that the foundation survey policy was not in -place when the building permit was issued. 4. The applicant informed the City in June 2006 that the information contained on the submitted as -built survey was incorrect as a mistake occurred during the • design /construction process. Applicant was advised of the alternatives available to resolve the issue, including but not limited to, the approval of a boundary -4717- adjustment, modification of the structure and /or approval of an after the fact • variance. 5. Since that time, the applicant has discussed the possibility of a boundary adjustment with the involved property owner(s) to the east. Additionally, both parties worked with a mediation service in May /June 2007 to attempt to find a cooperative solution. The property owner has also undertaken discussions with their contruction manager to evaluate whether there are alternatives to modify the house to conform with the project approvals. It is Staff's understanding that such an undertaking involves reconstruction and /or modification of the foundation, exterior walls and roof in the foyer corner of the house. RECOMMENDATION Due to lack of hardship and evidence that the requested variance is the minimum amount possible to accomplish the intended task, Staff does not support the variance and therefore recommends denial. The following findings are offered: 1. The submitted as built survey provided to the City by the applicant incorrectly depicted the setback to be consistent with the City's approval 2 Reconstruction of the east wall / foyer area(s) would alleviate the condition. 3. The conditions of City Code Section 350.530 are not being met. CITY COUNCIL REVIEW Tentatively, the variance application is scheduled to be forwarded to the City Council for review at its July 24th meeting in the event a recommendation from the Planning Commission is made at the July 9th meeting. • -4718- L 5341 Maywood Road, Mound, MN 55364 Phone 952 - 472 -0600 FAX 952 - 472 -0620 RECENED(�j � JAN 2 9 2006 �a�0 MOUND PLANNING Application Fee and Escrow Deposit required at time of application. Planning Commission Date City Council Date Case No. 0 1 - SUBJECT f- Gfa.7{ —i a v v• Address S Ave, -04\1p- PROPERTY LEGAL DESC. Block Lot i l Subdivision ��' r le �-t d �S " �► B PID# �y'!I�' -13 Plat# ZONING DISTRICT R -1 R -1 A R -2 R -3 B -1 B -2 B -3 PROPERTY Name 6-*-° rye L R Addres'! l '1 A vim-, a ✓ H OWNER Phone Home Work��ax APPLICANT Name (IF OTHER THAN Address OWNER) Phone Home Work Fax —:4 — -+L,-r �^ninry nrn. -arli im 1. tias an app irallun ever uVGn iiiauv U1 cU11 1 iy3 vauui Irv'I- --aa........ r ......, -. - _. - -- -- for this property? Yes (K No ( ). if yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. it�vq Zc � n�����cl j- -zoo — l sa� o�i - I �2 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): 45" in Gh,�r'�+� UQilyla 6� Luse t�d 4-, Ae �in v Sc �7X r bv j 6 r •moo c es, tV1o) j-e ,-r, 41 e- •Variance Information (3/29/2006) Page 4 of 4 -4719- 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 (p, f If no, specify each non - conforming use (describe reason for variance request, i.e. setback, lot area, etc.): Wt- we.r'e � [O J �` , �.c)� Se- w�re �i•c, h�a�. er�-rcnCe l5 ���' Cu�s�-d'vC�i�.. i �- GvcS �� Co�e!°cc� SETBACKS: Front Yard Side Yard: Side Yard: Rear Yard: Lakeside: Street Frontage: Lot Size: Hardcover: ft. i,J V I, S' c REQUESTED VARIANCE (or existing) ft. ft. ft. ft. ft. ft. sq ft sq ft sq ft sq ft u� A 6" ft. ft. ft. ft. ft. ft. sq ft sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located ?) Yes ( ), No ( kf Iftno, specify each non - conforming use: `�eS�- p{ °(Ierk-j I�^t j^OvS� 9 �'loe� C-n CZA110I0 . 40 P/c( � l nQ, 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 ( ) topography ( ) soil ( ) too small ( ) drainage (AKexisting situation ( ) too shallow { ) shape (� ( ) other: specify Please describe: IAO�JS' cC9-"' -1 1`� �.iS�ed '}- Oct r� <nee- Fr®6L" 66sco✓ery _,VLr C,rA_rurt;oe% Variance Information (3/29/2006) Page 5 of 5 -4720- • I 1 J REQUIRED (NSEW) (NSEQ ft. ft. (NSEW) ft. (NSEW) ft. (NSEW) ft. (NSEW) ft. Street Frontage: Lot Size: Hardcover: ft. i,J V I, S' c REQUESTED VARIANCE (or existing) ft. ft. ft. ft. ft. ft. sq ft sq ft sq ft sq ft u� A 6" ft. ft. ft. ft. ft. ft. sq ft sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located ?) Yes ( ), No ( kf Iftno, specify each non - conforming use: `�eS�- p{ °(Ierk-j I�^t j^OvS� 9 �'loe� C-n CZA110I0 . 40 P/c( � l nQ, 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 ( ) topography ( ) soil ( ) too small ( ) drainage (AKexisting situation ( ) too shallow { ) shape (� ( ) other: specify Please describe: IAO�JS' cC9-"' -1 1`� �.iS�ed '}- Oct r� <nee- Fr®6L" 66sco✓ery _,VLr C,rA_rurt;oe% Variance Information (3/29/2006) Page 5 of 5 -4720- • I 1 J .7 • • Case No. 01- 6 Z, 6. Was the hardship described above created by the action of agyRne having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No r If yes, explain: 7. Was the hardsh' 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? 9. Comments: >ce �- �c, SL e.t- I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the variance information provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature LU IDt Date ±-2 2 `i' -0`7 Applicant's Signature Variance Information (3/29/2006) Page 6 of 6 -4721- Date Variance application — additional comments This problem happened during the planning and design of the house. The initial s • urvey showed the design of the house would be too close to west property line. Over the phone, the surveyor was asked to move the entrance (north wall) back a foot. He indicated that it seemed to work, and let the house fit. Then over the phone the designer was also asked to move the entrance back a foot, which he did. After construction, it was discovered that the surveyor and designer moved different walls. The surveyor moved the western wall back a foot on the survey, and the designer moved the northern wall back a foot in the house plans, leaving the house sitting .6 feet too close to the western property line. Gr e Linket -4722- • • MOUND CITY COUNCIL MEETING SEPTEMBER 28, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, eptember 28, 2004, at 7:30 p.m. in the council chambers of city hall. embers Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John Cameron, Public Works Director Carlton Moore, Grant and Julie Johnson, Allan Moran, Susan and Rick Bloomquist, Gene Cook, Sharon Cook, Lorrie Ham, Mike Specht, Cathy Bailey, Mary Ellen Storlien, Peter Johnson, Sue Eskedahl, Leah Weycker, George & Janet Linkert, Tom Jones, Rob Ruetten, Mary Sells, Tom Stokes, Gene Zulk, Keith Randkiev, Kevin ham, Carleen Estrem, Jacob Schroden Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel called the meeting order at 8:04 p.m. 2. Pledge of Allegiance 0 Approve Agenda eisel requested the removal of 5C from the consent agenda for discussion, and item 51 for a correction. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. Action on Proclamation Mayor Meisel introduced Kevin Ham, Carleen Estrem, and Jacob Schroden. They are seniors at Westonka Schools and represented the student body for a presentation from the Mayor. Meisel read and presented a Proclamation that proclaimed October 3 -9, 2004 as Westonka Students' Week and urged all citizens to join in saluting the students and encourage the community to show their support through attendance at not only the Homecoming activities, but all student activities and events. 5. Consent Agenda MOTION by Hanus, seconded by Brown to approve the consent agenda with the exception of item 5C and 51. Upon roll call vote taken all voted in favor. Motion carried. A. Approve minutes of September 15, 2004 regular meeting B. Approve payment of claims in the amount of $212,428.52. C. (removed) D. Set Special Meetings 1. Interview candidates for Park and Open Space Commission and LMCD representative: 0 November 8, 2004, 7:30 p.m. 2. Workshop for Key Financial Strategies with Ehlers & Associates: November 16, 2004, at 6:30 p.m. E. ORDINANCE NO. 09 -2004: AN ORDINANCE AMENDING SECTION 903 OF THE CITY CODE -4723- AS IT RELATES TO REGULATION OF FISHING AT LOST LAKE CHANNEL. F. RESOLUTION NO. 04 -107: RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE GENERAL ELECTION NOVEMBER 2, 2004. G. Approve the summary of terms of Labor Agreement between the City of Mound and Law Enforcement Services, Inc. (LELS) — Local No. 35: Police Supervisors, as determined by arbitration. • H. RESOLUTION NO. 04 -108: FEE SCHEDULE I. (removed) 5C. Public Lands Permit for Denise Bader RESOLUTION NO. 04 -109: RESOLUTION TO APPROVE AN AFTER- THE -FACT PUBLIC LANDS PERMIT FOR DENISE BADER, 6116 EVERGREEN RD, MOUND, MN 55364. 51. Approve Planning Commission Recommendations 1. Case #04 -32 & 33: Suncrest Builders LLC 3000 Highland Blvd., Waiver of Platting RESOLUTION NO. 04 -110: RESOLUTION APPROVING A WAIVER OF PLATTING AND LOT WIDTH VARIANCES FOR THE PURPOSE OF DIVIDING A TAX PARCEL INTO THE TWO ORIGINALLY PLATTED LOTS LOCATED AT 3000 HIGHLAND BOULEVARD, LOTS 1 AND 2, BLOCK 2, HIGHLANDS, P&Z CASE #04 -32 AND 04 -33. PID #23- 117 -24-41 -0008. 2. Case #04 -30: James Reuper /Susan Eskedahl 4815 Island View Drive Variance RESOLUTION NO. 04 -111: RESOLUTION APPROVING LAKESIDE SETBACK AND LOT SIZE VARIANCES FOR THE CONSTRUCTION OF A NEW RESIDENCE ON THE PROPERTY LOCATED AT 4815 ISLAND VIEW DRIVE, LOT 5 AND THE WEST % OF LOT 4, BLOCK 13, DEVON, P&Z CASE #04 -30. PID #25- 117 -24 -11 -0031. 3. Case #04 -29: George Linkert 5017 Avon rive Variance RESOLUTION NO. 04 -112: RESOLUTION APPROVING FRONT AND SIDE YARD SETBACK, LOT AREA AND LOT WIDTH VARIANCES FOR THE CONSTRUCTION OF A NEW RESIDENCE ON THE PROPERTY LOCATED AT 5017 AVON DRIVE, P&Z CASE #04 -29. PID #24- 117 -24 -13 -0002. 6. Comments ik suggestions from citizens present on any item not on the agenda Sharon Cook, president of the Gillespie Center, appeared before the Council to make a statement. She wanted to thank all of the cities and individuals that have supported the Gillespie Center. She also thanked the City of Mound for the services that they provide for the Center. 7. Public Hearings A. Case #04 -26: Super America 5337 Shoreline Drive Action on resolution Super America is seeking to improve their gasoline pump islands for better access and traffic flow. The property currently operates under a conditional use permit so a public hearing is required for the proposed improvement. Mayor Meisel opened the hearing at 8:28 p.m., and with no public comment being offered, closed the public hearing at 8:29 p.m. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. *I RESOLUTION NO. 04 -113: RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE • PURPOSE OF CHANGING GASOLINE PUMP ISLAND CONFIGURATION AND OVERHEAD CANOPY FOR THE SUPER AMERICA CONVENIENCE STORE LOCATED AT 5337 SHORELINE BOULEVARD, -4724- March 22, 2007 City of Mound arah Smith 341 Maywood Rd Mound, MN 55364 -1687 Here is additional information requested by your letter dated February 16, 2007. Details regarding the construction mistake and submitted as -built survey: I was not aware of the construction mistake, where our approved variance of 2.1 feet was missed and turned out to be 1.5 feet instead. This was not revealed to me until I received the as -built survey mid - October 2005. I admit I made a terrible mistake. I "doctored'the as-built survey, and submitted it to the city as authentic. When the city questioned me in June of 2006 about the variance, I immediately admitted what Pd done. I submitted the authentic as -built survey, and we discussed possible resolutions to the problem. My list of the alternatives that have been considered with regard to the constructed setback deficiency: The first thing I tried was to work out a "land swat 'with my neighbor. It was difficult to communicate with her, as it seems she has relocated to Florida to some other property she owns there. I spent several months attempting to contact her, each time leaving a message about what I wanted to discuss. She did return one call in July and told me she would be touch with me, but never followed up. I spoke directly with her in September 2006, when she was in Mound, and at that time she again indicated she would get back to me regarding this matter. However, I never heard back from her. I made another attempt to reach her in December 2006, and at that time my message to her indicated that since she hadn't returned my calls, I would be applying for a new variance. I did place one more email message to her this week, suggesting how we might be able to negotiate a •swap. As for yet, I have not heard anything from her. Another alternative, that of the corner of the house which is in violation of the setback allowance being altered in such a way as to comply with the setback has turned out to be highly impractical, if not nearly impossible. The west wall holds up the attic truss, and moving it even the 7.2 inches needed would affect the structural integrity of the attic trusses. I have been in touch with our framing company, and will ask them to write up their assessment of this option, which I can share with your office as soon as I receive it. This brings me to the final option I have considered for resolution of this issue, applying for a new variance. If you would like any further explanation, or need to speak with me for whatever reason, please do not hesitate to contact me at Sincerely, George Linkert • -4725- Page 1 of 1 This is the rerponse I got from our house construction manager about changes to make to our home. The foundation question he asks about, is that this was new foundation at this corner. To change the foundation at this corner of the house, would involve digging very deep, the basement wall under the foyer is 11.5 feet high in itself, then I suppose you would have to modify the footings too. Let me know if you have further questions. - - - -- Original Message---- - Sent: Friday, April 06, 2007 11:34 AM Re: George Sorry it has taken so long to get back to you. I have looked at the house a number of times over the past month trying to come up with a clever way to resolve the problem. I can think of no easy fix. The only thing that can be done is to modify the foyer corner of the house. In all cases this would involve modifying the foundation, exterior walls, and the roof. This could be very expensive. One question, need we build off the old foundation or was the foundation pushed out in the foyer? If this is all old foundation I would think that you would not have any issues. I'm not being of much help. If you would like Jeremy and me to come to house and take a look I would be happy to do ----- '9RTI'Ral Message - - - -- From: George Matthew Linkert • To: moo Sent: Wednesday, March 07, 2007 12:44 AM Subject: A favor i:n I am wondering if you could write up a quick paragraph about a builder's perspective on altering the corner of o� � -- -- so our house would conform with the variance? Remember that it was supposed to be 2.1, and it ended up bei As I understand it, to make our house legal, we would need to move a corner of our foyer in 7.2 inches. So pro modifying a section of that wall, perhaps 4 -5 feet of it. Also a statement about the attic trusses, and potential modifications there as well. Your help would be greatly appreciated... I've attached a jpg of the survey so that it might help you. I'm just gat infomation for the city, and they want me to explore all possibilities to fix this, including modifying my house. Si your familiar with the house, your expertise would be valuable to me and the city. Thank you. Linkert -4726- 4/9/2007 • m THIS PAGE IS INTENTIONALLY LEFT BLANK -4728- • 0 0 rn N d B uilt ��. OO L' Benchmar : Top of Monho/. 941.1 `5ca+i.o 41:1 X941.0 941.5 X940.9 1.80 os po/nted K4(" X941.4 941.0�t 4 4 Y9+1b via sdz `� 94 ;.6 X °s . ted EXIS t P °� 0 _ 94119 00" 944,6 943.2 X 9435 D(IN6WDy 9425 X 949.1 9436 947 2.5x 4.2 944$x 94 1 = m 945.2 94&9 9494,/. N N &0 to 949.1 e X" ' �• 94&6. 944.6 Q X 91st X 78� .951.5 x946.9 944, A _ _Y X93/.6 ^ X 937.5 x 937.0 937.2 9351 X935.0 �'' 50'00 -N E 935.6 N �g'1317 s RECEIVE JUN 212006 MOUND PLANNING s x934.0 v X932.3 X9336 X932.3 X932.7 �F \\ x9ss v 930s 930.6 930 With PI.- 929.4 92&4, Rock e29.+ 595 s4, Ft er � 929.4 X9_4 d 92&3 92x.3 929.+ Ed96 of wat Drw. No. 040861 ..,,,�i -)e rrwritRRT [;FORGE ADVANCE SURVEPING P&honeENG VEERING 4CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55 SLrRVEY FaR GEORGE LINKERT gURVEitED: October 12, 2005 DRAFTED: October 13, 2005 LEGAL DESCRIPTIOHillsUnit B, Hennepin County, Minnesota. Lot 5, Block 3, Shirley SCOPE OF WORK: of the above legal description The I. Showing the length and direction of boundary what you own, which is a legal matter. scope of our services does not include determining or at you with competent legal counsel, Please check the legal description with your records matters of With ,.such- casements, that if necessary, to make sure that it-is correct; and that any. you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed important 3. Setting new monuments or verifying old monuments to mark the corners of the properly ng hard cover and area of the lot for your review and for the review of 4. Showing and tabulati such governmental agencies as may have jurisdiction over hard cover requirements• s s Showing elevations ci the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 112" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted - certify hereby certify that this plan, specification, report or survey was PrePared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. ;am s H. Parker P.E. & P.S. No. 9235 HARD COVER TABULATION: G HARDCOVER House House 1,784 Sq. Ft. Landscaping w. Plastic under 595 Sq. Ft. Concrete Surfaces TOTAL EXISTING HARDCOVER 908 Sq. Ft 3,287 Sq. Ft AREA OF LOT TO OHW 9,039 Sq. Ft % HARDCOVER 36.4% 6 co CIA GRAPHIC SCALE p /0 20 ( IN FEET > Wit? /Wm Atrbvttf - -Built . x94&9-, x 6.5 5<943.5 - 947. W.0 948.2_ 'B X937.8 X 937.5 X 937.0 I. 937.2 - 935.8 / X935.8 935.1 • - X935.01. ;50•p0� »E - 9358 - N 7873'17 6 6 X934.0 V 41- X9323 � - X933.8 X9323 X9327 V 930.5 930.8 830.9, Plastic 929.4 Roc Witt' 929.4 to x929.4 929 595 9z9F Edge of water and 929.4 929.3 829.3 1 +� wPg=, 0ffi4p X031.2 Drw. No. 04(' 461 I Benchmark: ToP of Monho% 941.1 X41.0 X41.1 X941.0 941.3 / X940.9 1....•,E50 1/ . os pointed R 'Q421 X941.4 941941.4 Q _'9, O 110, J�941.5 .4 `. rj8(N 941.8 X r tt 1 05 to in i1 EXWIn�eti P. 843.5 943.2 X 941.8 000 944.9 949.1 Driveway 9423 x 943.9 2.5x .2 8420 94 4.21 ..944.3X j n 9X948.9 . F1aor 942. ro n i o �I j 2.1 949./• 8.0 7 0`� ti n y 7• �`S, 4 Q � �. 949.1 Q O. 944.4 r" �• 94418 .p 94&8 X 94&1 x 944.8 1b LA `7- 8F%Oaf 951.5 + s 0 44.9 l m 944.9 9484- 94& m 9441 . x94&9-, x 6.5 5<943.5 - 947. W.0 948.2_ 'B X937.8 X 937.5 X 937.0 I. 937.2 - 935.8 / X935.8 935.1 • - X935.01. ;50•p0� »E - 9358 - N 7873'17 6 6 X934.0 V 41- X9323 � - X933.8 X9323 X9327 V 930.5 930.8 830.9, Plastic 929.4 Roc Witt' 929.4 to x929.4 929 595 9z9F Edge of water and 929.4 929.3 829.3 1 +� wPg=, 0ffi4p X031.2 Drw. 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PRINTED WITHOUT ISSUING 2/28 /2005 ADDRESS : 5017 AVON DR PIN : 2411724130002 LEGAL DESC : SHIRLEY HILLS UNIT B : LOT 005 BLOCK 003 PERMIT TYPE : BUILDING PROPERTY TYPE : SINGLE FAMILY, DETACHED CONSTRUCTION TYPE : NEW CONSTRUCTION PERMIT NO.: 2005 -00070 DATE ISSUED: VALUATION $ 440,000.00 NOTE: PLEASE CALL WALDRON & ASSOCIATES FOR INSPECTIONS 952 -442 -7520. CERTIFICATE OF OCCUPANCY REQUIRED. AS -BUILT SURVEY REQUIRED BEFORE C.O. WILL BE ISSUED. ADDITIONAL PERMITS REQUIRED FOR PLUMBING, MECHANICAL, FIREPLACE AND ELECTRICAL WORK. WATER SHUTOFF CANNOT BE IN DRIVEWAY SURFACE. SEE ATTACHED CAMERON AND SMITH MEMOS FOR ADDITIONAL REQUIREMENTS WATER METER 601 -37144 APPLICANT RTHI,GM &JD AVON DR MOUND, MN 55364 OWNER LINKERT III, G M & JD 5017 AVON DR MOUND, MN 55364 AGREEMENT AND SWORN STATEMENT This permit becomes null and void if work or construction authorized is not commenced within 180 days, or if construction or work is suspended or abandoned for a period of 180 days at any time after work is commenced. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and city ordinances governing this type of work will be compiled with whether specified' herein, violated x cancel the provisions of any other state or`local law .eng construction or the performance of construction. kpplicant tate 1 BUILDING PERMIT FEE 101 -32210 2,897.75 PLAN REVIEW FEE 101 -34104 1,883.54 STATE SUR, VALUE/BLDG 101 -20800 220.00 WATER METER 601 -37144 392.00 EROSION ESCROW 101 -23007 500.00 PRECON SITE CHECK 101 -32210 70.00 TOTAL 5,963.29 J, I 00� SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. -4733- IJEMORANDUM DATE: FEBRUARY 24, 2005 TO: MOUND BUILDING OFFICIAL FROM: JOHN CAMERON, CITY ENGINEER SUBJECT: 5017 AVON DRIVE SURVEY REVIEW MFRA File No. 8901 As requested, we have reviewed the survey submitted with the building permit application for subject property and have the following comments: 1. Need silt fence along both side lot lines and the lake side of the construction area.. 2. Maintain the existing drainage patterns, which directs the runoff towards the Street, and/or lake and not onto the neighboring property. 3. It is my understanding that the structural integrity of the existing retaining walls has been approved by a Structural Engineer. CC: Jill Norlander Sarah Smith Carlton Moore 15050 23RD AVENUE NORTH n1 V</AIITU "Ll GGAA7 1. 'FRA mclNnbs Frank Reoa • SaWAUM. iac. *I JCAMERON @MFRA.COM • l7Q9%ARC CAAN GAV 19C41 A70 ORSn -4734- i0 X341 Maywood Road Mound, MN 55364 (952) 472 -3190 Memorandum City of Mound Planning and Building Department To: Jill Norlander From: Sarah Smith, Community Development Director Date: February 2, 2005 Re: CDD Comments - Building Permit for remodel project at 5017 Avon Drive (Linkert) The following conditions should be placed on the building permit for the subject property referenced above. 1. Evidence of recording of resolution at Hennepin County must be confirmed prior to release of building permit. 2. Building permit shall be made subject to all conditions included in Resolution No. 04 -112. CopyAttached. •3. A pre - construction site inspection must be scheduled by the applicant with Paul Waldron and Associates and the Mound Public Works Departmeht Prior to commencement of construction activities to ensure that the site has been adequately prepared. A copy of the inspection list is included. 4. Submittal of a $500.00 Erosion Control Construction Deposit. 5. All conditions by the City Engineer. 6. Submittal of an as -built survey prior to the issuance of the certificate of occupancy including hardcover calculation verification which cannot exceed 40 percent. 7. Structure must meet minimum setbacks of R -1 District for "Lot of Record" with the exception of approved front and side yard setback variances as set forth in Resolution No. 04 -112. 8. Erosion control including but not limited to silt fence must be maintained on site until turf has been established and /or an alternate sedimentation method has been undertaken following approval by the City Engineer. Copies To: Building Official City Engineer Public Works Director 40 -4735- OPERTY ADDESS: OWNER'S NAME LOT AREA LOT AREA HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) SQ. FT. X 30% _ (for all lots) ........ ............................... SQ. FT. X 40% _ (for Lots of Record) ............................. `3 (� " Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 63.1 (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE X = X = TOTALHOUSE ..................... ............................... DETACHED BUILDINGS X = (GARAGE /SHED) KI TOTAL DETACHED BUILDINGS ...................u.......... DRIVEWAY, PARKING � h X = F i AREAS, SIDEWALKS, Q c � L ETC. ,, (( X - X TOTAL DRIVEWAY, ETC ......... ............................... DECKS Open decks (1/4" min. X = Opening between boards) with a pervious surface under are not X = counted as hardcover. X TOTAL DECK ........................ ............................... X = X = TOTAL OTHER ..................... ............................... (4 19 •i *I TOTAL HARDCOVER / IMPERVIOUS SURFACE .................... ............................... --� UNDER / OVER (indicate difference) ..................................... ............................... PREPARED BY J�— �.1 :- IVPIDATE ^� 5�� t��; • Revised 08/06/03 -4736- JAN 2 8 2005 040861 24/117/24 LINKERT, GEORGE AND JANET ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax(952)4748267 SURVEY FOR: GEORGE AND JANET LINIKERT SURVEYED: July,2004 DRAFTED: July 29, 2004 REVISED: August 12, 2004 to show proposed dwelling. REVISED: September 16, 2004 to relocate proposed dwelling., REVISED: December 20, 2004 to relocate proposed dwelling. REVISED: February 22, 2005 to show additional info. required by the City of Mound. LEGAL DESCRIPTION: Lot 5, Block 3, Shirley Hills Unit B, Hennepin County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. 4. Showing and tabulating hard cover and area of the lot for your review and for the review of such governmental agencies as may have jurisdiction over hard cover requirements. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confirm that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can.. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. STANDARD SYMBOLS & CONVENTIONS: M " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set;-unless" c) otherwise noted. NO 7E- P!4 PLACED OP I hereby certify that this plan, specification, report or survey was prepared by me or EVS77NG h under my direct supervision and that I am a licensed Professional Engineer and REMAIN. Professional Surveyor under the laws of the State of Minnesota. )s H. Parker P.E. & P.S. No. 9235 HARD COVER TABULATION: EXISTING HARDCOVER Crolc House 984 Sq. Ft. Landscaping w. Plastic under & misc. 595 Sq. Ft. Concrete Surfaces 2,718 Sq. Ft. TOTAL EXISTING HARDCOVER 4,297 Sq. Ft. AREA OF LOT TO OHW 9,039 Sq. Ft. % HARDCOVER 47.5% PROPOSED HARDCOVER House 1,818 Sq. Ft. Landscaping w. Plastic under & misc. 595 Sq. Ft. Concrete Surfaces 1,821 Sq. Ft. TOTAL PROPOSED HARDCOVER 4,234 Sq. Ft. GRAPHIC SCALE AREA OF LOT TO OHW 9,039 Sq. Ft. 20 o +o an %HARDCOVER 47.5% l IN per. 1 19800 oN Map L je t$ e C*= t-696 p'w piow 1° sbp3 v raze - is rez6x 93 f6 9'ef8 sn !� J� -1£6 931 s1roX c��tf6 •• LZ£eX h F6. £•Z£eX s'tC6X 93 rZCeX awce 9 9� s g sue \owex 6 B � � 1 Z Lc6 a�y� Was 't6 L DD'3 I fro od r B} 2 O!1 screx 996 *&\ 00 Q BYie a' to 1 6• a� °I�n \\�\ I l � I Fwzmv", � may NOU VONnO-4 . way 01 JN /OVyJ ONV "00 SnHl `MOLL VGNnO -4 JNUS! 2a n/ 7Nl m M3N 1 y 0 4' V, k96 13t 94a w6 �p0 A awri�� N N O 946 �¢•6►e j'l ' � � esrexzsre x €t►6 ozre 44'SZ 01" fDMvAIJ0 X ZTi6 I acv rare B^rre 1 wt" 5, !X 9R? - palW 8D- ♦•a i X rlre �•lt6•ti6 J6�DM r��c r•u6x izra. 2i Pa)v°d so TV Z/ O$ � v �,/ a�cuvs avMag rwe Witex enrex 17*6 0104DOM jD abi J 00�� 0 I* • 16c City of Mound CERTIFICATE OF OCCUPANCY This Certificate is issued Pursuant to the requirements of Section 1300.0010 of the Minnesota State Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the city regulating building construction or use. For the following: Building Address: 5017 AVON DR PIN: 2411724130002 Legal Description: SMRLEY HILLS UNIT B Block 003 Lot 005 Zoning District: R1 Permit No: 2005 -00070 Work Activity: NEW CONSTRUCTION Construction Type: TYPE V -B Occupancy: R-3 Fire Sprinkler: N Applicant: LINKERT III, G M & JD Applicant Address: 5017 AVON DR City, State, Zip: MOUND, MN 55364 Paul Waldron & Associates, Build Official Comments: I -4739- i Date i J.� 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. 1 have carefully compared said extract with said original record. 3. 1 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. 04 -112 RESOLUTION APPROVING FRONT AND SIDE YARD SETBACK, LOT AREA AND • LOT WIDTH VARIANCES FOR THE CONSTRUCTION OF A NEW RESIDENCE ON THE PROPERTY LOCATED AT 5017 AVON DRIVE, P&Z CASE #04 -29 PID #24- 117 -24 -13 -0002 Said meeting was duly held, pursuant to call and notice thereof as required by law on the 28tt' day of September, 2004. WITNESS my hand officially as such Clerk, and the seal of said City, this 291h day of September, 2004. Bonnie Ritter, City Clerk -4740- • • • • CITY OF MOUND RESOLUTION # 04 -112 A RESOLUTION APPROVING FRONT AND SIDE YARD SETBACK, LOT AREA AND LOT WIDTH VARIANCES FOR THE CONSTRUCTION OF A NEW RESIDENCE ON THE PROPERTY LOCATED AT 5017 AVON DRIVE, LOT 5, BLOCK 3, SHIRLEY HILLS UNIT B, PID # 24- 117 -2413 0002 P & Z CASE #04 -29 WHEREAS, The applicant has submitted request for front and side yard setback, lot area and lot width variances to build a new home on the existing foundation of the current home. The variance request is as follows: ; and, WHEREAS, the property is located within the R -1 Single Family Residential Zoning District which according to City Code requires a minimum of 10,000 square feet of lot area, 60 feet of street frontage, a 30 feet front yard, 6 feet side yard, 15 feet rear yard, and 50 feet lakeside setbacks for single family residences on lots of record; and, WHEREAS, the lot is considered a lot of record and undersized for both lot area (9039 SF) and lot width (35 feet); and, WHEREAS, the existing residence is a 1 '/z story with a single car tuck under garage. Lakeside, a large multi- purpose is built into the hillside attached to the home; and, WHEREAS, the proposed plans show a 1 y2 story walkout residence measuring 32 feet by 60 feet 4 inches. The applicant is proposing to construct the new residence on the existing foundation of the house and lakeside garage; and, -4741- Existin Proposed Required Variance Side yard (west) 2.5 feet 2.5 feet 6 feet 3.5 feet 3.9 feet Side yard (east) 2 feet 22.1 feet 2.1 feet 21.6 feet 6 feet 30 feet 8.4 feet Front yard Lot Area 9039 SF 9039 SF 10,000 SF 961 SF Lot Width 35 feet 35 feet 60 feet 25 feet ; and, WHEREAS, the property is located within the R -1 Single Family Residential Zoning District which according to City Code requires a minimum of 10,000 square feet of lot area, 60 feet of street frontage, a 30 feet front yard, 6 feet side yard, 15 feet rear yard, and 50 feet lakeside setbacks for single family residences on lots of record; and, WHEREAS, the lot is considered a lot of record and undersized for both lot area (9039 SF) and lot width (35 feet); and, WHEREAS, the existing residence is a 1 '/z story with a single car tuck under garage. Lakeside, a large multi- purpose is built into the hillside attached to the home; and, WHEREAS, the proposed plans show a 1 y2 story walkout residence measuring 32 feet by 60 feet 4 inches. The applicant is proposing to construct the new residence on the existing foundation of the house and lakeside garage; and, -4741- Resolution No. 04112 • WHEREAS, the applicant has indicated that the home would be built on the existing foundation. A foundation plan from Ulteig Engineers verifies that existing walls will be used in addition to other newly constructed walls and support foundations; and, WHEREAS, the revised hardcover calculations show conformance with the 40 percent allowable maximum; and, WHEREAS, the Planning Commission has reviewed the request and recommended that the Council approve the variances as requested by the applicant. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the front and sideyard setback, lot area and lot width variances as requested with the following conditions: a. The City Engineer review grading and drainage issues, if applicable, at the time of building permit. b. The applicant shall be responsible for the payment of all costs associated with the variance request. c. The applicant shall be responsible for all necessary building permits. • 2. The City Council adopts the following findings in support of the front and sideyard setback variances: a. The proposed home is being constructed on an existing foundation. b. The proposed front and west side yard setbacks would be maintained, not increasing the existing level of nonconformity. C. The proposed east side yard setback would be improved, decreasing the level of nonconformity. d. The proposed improvements will increase the livability of the property and positively influence the character of the neighborhood. 3. This variance is approved for the following legally described property as stated in the Hennepin County Property Information System: LOT 5, BLOCK 3, SHIRLEY HILLS UNIT B 4. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to M.S.S. 462.36, Subd. 1. This shall be considered a restriction on how this property may be used. 5. The property owner shall have the responsibility of filing this resolution with • Hennepin County and paying for all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. -4742- • Resolution No. 04 -112 6. The variance is valid for one (1) year following its approval unless an extension is approved by the City Council pursuant to the City Code 350:530, Subd. 2 (E). Adopted by the City Council this 28th day of September, 2004. /s/ Bonnie Ritter Attest: Bonnie Ritter, City Clerk • /s/ Pat Meisel Pat Meisel, Mayor -4743- Executive Summary Hoisington Koegler Group Inc. ®© MIS, TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 24, 2004 SUBJECT: PC Case #04 -29 — Linkert Variance — 5017 Avon Drive The Planning Commission reviewed this case at their September 13'' and 2e meetings. At the first meeting, the request was tabled due to some inaccuracies in the setbacks for the proposed residence. An updated survey was provided to Staff prior to the September 20'h meeting showing the proposed setbacks. These are indicated in the updated Staff Report. The applicant desires to utilize the existing foundation to construct the new 1 '/2 story home. Staff requested an engineer's report for the existing foundation to verify its structural integrity to support the new residence. Plans are provided in the packet material. The lot is very narrow at 35 feet of width at the building setback, making the construction of a • home in conformance with sideyard setbacks almost impractical. Utilizing the existing foundations is a reasonable approach to designing a home that respects the existing neighborhood conditions. Staff s recommendation is for approval which is endorsed by the Planning Commission. A Resolution in support of the case is provided for Council review and consideration. • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -4744- • PLANNING REPORT Hoisington Koegler Group Inc. ®® TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 17, 2004 SUBJECT: Variance Request — Updated report APPLICANT: George Linkert CASE NUMBERS: 04 -29 HKG FILE NUMBER: 04 -05 LOCATION: 5017 Avon Drive ZONING: R -1 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential . BACKGROUND/DISCUSSION: The applicant has submitted request for front and side yard setback, lot area and lot width variances to build a new home on the existing foundation of the current home. The variance request is as follows: • The lakeshore property lot is located across from Avon Park and has approximately 64 feet of frontage on Seton Channel. Zoning is R -1, requiring 30 feet front, 6 feet side, a 50 feet lakeside setback and a maximum of 40 percent hardcover as a lot of record. The existing residence is a 1 1/2 story with a single car tuck under garage. Lakeside, a large multi- purpose is built into the hillside attached to the home. The proposed plans show a 1 1/2 story walkout residence measuring 32 feet by 60 feet 4 inches. The applicant is proposing to construct the new residence on the existing foundation of the house and lakeside garage. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -4745- Existing Proposed Required Variance Side yard (west) 2.5 feet 2.5 feet 6 feet 3.5 feet Side yard (east) 2 feet 2.1 feet 6 feet. 3.9 feet Front yard 22.1 feet 21.6 feet 30 feet 8.4 feet Lot Area 9039 SF 9039 SF 10,000 SF 961 SF Lot Width 35 feet 35 feet 60 feet 25 feet The lakeshore property lot is located across from Avon Park and has approximately 64 feet of frontage on Seton Channel. Zoning is R -1, requiring 30 feet front, 6 feet side, a 50 feet lakeside setback and a maximum of 40 percent hardcover as a lot of record. The existing residence is a 1 1/2 story with a single car tuck under garage. Lakeside, a large multi- purpose is built into the hillside attached to the home. The proposed plans show a 1 1/2 story walkout residence measuring 32 feet by 60 feet 4 inches. The applicant is proposing to construct the new residence on the existing foundation of the house and lakeside garage. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -4745- 10 p. 2 5017 Avon Drive Variance September 17, 2004 CITY DEPARTMENT REVIEW COMMENTS: Parks Director: No comments received. Building Official: Fire Chief- Police Chief: City Engineer: No comments received. No comments received. No comments received. No comments received. Public Works Superintendent: No comments received. DNR Hydrologist: No comments received. REVIEW PROCEDURE: City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the City of Mound and generally states that a variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those areas where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his or her land. 60 -DAY PROCESS: Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance application was deemed to be complete on August 23, 2004 and the 60 -day timeline expired on or around October 21, 2004. Within the 60 -day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. NOTIFICATION: City policy requires that abutting property owners are notified of variance requests by mailed notice. DISCUSSION: The following discussion points are offered by Staff for consideration in making a recommendation. 1. The proposed improvements are a positive investment for the neighborhood as the current home is falling into disrepair. 2. The lot is narrow, measuring 35 feet at the front yard setback. With conforming side yard setback of 6 feet, the building pad would be 23 feet in width. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -4746- • p. 3 • 5017 Avon Drive Variance September 17, 2004 3. The applicant has indicated that the home would be built on the existing foundation. A foundation plan from Ulteig Engineers verifies that existing walls will be used in addition to other newly constructed walls and support foundations will be incorporated. 4. The building foundation plans are consistent with each other in terms of building width and depth. 5. As proposed, the east side yard setback be reduced from 2 feet to 1.7 feet as shown on page 2 of the variance application. The applicant also notes on the submitted survey that the setback could be increased to 2.1 feet. The west setback would maintain the current 2.5 feet from the property line. 6. The proposed home design is a good response to providing minimal but adequate space for a two car garage and entry within the width of the existing foundation. 7. The hardcover calculations show conformance with the 40 percent allowable maximum. RECOMMENDATION: Staff recommends the Planning Commission recommend the Council approve the variance • request with the following conditions: 1. The east side yard maintain a 2 feet or more setback as measured from building to property line. 2. The City Engineer review grading and drainage issues, if applicable, at the time of building permit. 3. The applicant shall be responsible for the payment of all costs associated with the variance request. 4. The applicant shall be responsible for all necessary building permits. Staff would offer the following as findings of fact in support of the variance: 1. The proposed home is being constructed on an existing foundation. 2. The proposed front and side yard setbacks would be maintained, not increasing the existing level of nonconformity. 3. The proposed improvements will increase the livability of the property and positively influence the character of the neighborhood. • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax(612)338-6838 -4747- *I � Benchmark 01% e, Benchmo� Top of Mmhofe 941.1 O 41.0 X940.9 X941.0 941.3 / ... R 1.80 6� X941.4 941.0 941.4 941.5 IAIOCe 941.5 X 5 'x ` ted \ 41.8 843.2 X 943.5 9423 44.2 944.5 ref, 4�0 f j 942.0 2.�._ 945.2 t T.. ° -y XM-9 916,0 Frarrla v = h° 41�X 944 984 5q- i e 94&1 •.�.� � 47.E 44.9 944.E X94&9 X 40.4 44'1 AT NEW HOME TO BE - -- 32-0 X94 x943.5 MAAG FOUNDATION, THUS 949 z ' 94e.e 943.0 OVER AND GRADING Tn X937.8 roce y �; - to /� Ga' r� 3^' 937.51 5 0. k •z aA 937 937.0 O S i - 937.2 X935\ I n 1 78'13'17 E 1 6 \ �u QrI g 6 X933.a X9323 X9327 \ 930b V a3o.s 930.E \ 109tIC 29.4 ROdr with P 929.{ y3 x9za.4 929.3 397 929.4 Edge of voter and 929.4 929.3 929.3 X931.2 -4748- Drw. No. 040861 0 MINUTES MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 20, 2004 BOARD OF APPEALS CASE #04 -29 VARIANCE (continued from 9/13 meeting) NEW HOUSE 5017 AVON DRIVE— GEORGE LINKERT Gordon reviewed the highlights of the case. In addition to the setbacks outlined on the survey, the property owner said the east side yard setback can be increased to 2.1, if necessary. Gordon indicated that, with the small side setbacks, he was concerned about fire access. Chief Pederson indicated there were no fire regulations covering this specific issue. Fire Chief has no issue with side setbacks. Est side yard can be made less non- conforming at 2.1 with entry modifications } �0 t. George Linkert (2017 Avon Drive)g a preffistory of the home indicating that the home has been in the family sirtCe fih s. The lakeside walkout was designed for an • organ but was never installed. icated that the neighbors have been supportive of the pending plans. Hasse asked if the foundation is adequate. Linkert said his engineer has approved the project. Hasse wanted to know why, when this is more than a 50% rebuild, we wouldn't require it be conforming. Michael agreed but only if it would alleviate all of the variances. Findings of fact: 1.The proposed home is being constructed on an existing foundation. 2. The proposed front and one side yard setback would be maintained and the other side yard setback would be improved, not increasing the existing level of non- conformity. 3.The proposed improvements will increase the livability of the property and positively influence the character of the neighborhood. Schwingler added that the hardcover reduction was another plus. MOTION by Osmek, seconded by Schwingler, to move staff recommendation with the following variances: 3.5 feet (east side), 3.9 feet (west side), 8.4 feet (front yard). MOTION carried. Voting for: Ayaz, Osmek, Michael, Glister and Schwingler. Voting is against: Hasse -4749- MINUTE EXCERPTS • MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 13.2004 CASE #04 -29 VARIANCE NEW HOME CONSTRUCTION 5017 AVON DRIVE — GEORGE LINKERT The applicant submitted a request for front yard, side yard and hardcover variances to build a new home on the existing foundation. The variances are outlined as follows: This lakeshore property lot is located across from Avon Park and has approximately 64 feet of frontage on Seton Channel. The existing residence is a 1 '/ story with a single car tuck under garage. Lakeside, a large music room is built into the hillside attached to the home. The proposed plans show a 1 %Z walkout residence measuring 32 feet b 60 feet 4 • 9 Y inches. It is proposed to construct the new residence on the existing foundation of the house and lakeside room. Originally, Staff recommended denial of the variance as submitted. After a brief discussion it was discovered that the survey was not correct and hardcover calculations were questionable. MOTION by Hasse, seconded by Miller, to table action pending corrected survey and hardcover calculations. MOTION carried unanimously. • VARTi11 Existing Proposed Required Variance Side yard (east) 2.0 feet 0 feet 6.0 feet 6.0 feet Side yard (west) 2.5 feet 2.5 feet 6.0 feet 3.5 feet Front yard 22.1 feet 22.1 feet 30.0 feet 7.9 feet This lakeshore property lot is located across from Avon Park and has approximately 64 feet of frontage on Seton Channel. The existing residence is a 1 '/ story with a single car tuck under garage. Lakeside, a large music room is built into the hillside attached to the home. The proposed plans show a 1 %Z walkout residence measuring 32 feet b 60 feet 4 • 9 Y inches. It is proposed to construct the new residence on the existing foundation of the house and lakeside room. Originally, Staff recommended denial of the variance as submitted. After a brief discussion it was discovered that the survey was not correct and hardcover calculations were questionable. MOTION by Hasse, seconded by Miller, to table action pending corrected survey and hardcover calculations. MOTION carried unanimously. • VARTi11 This information sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 952 - 472 -0607. General Zoning Information Sheet R -1 Zoning District — Single Family Residential PRINCIPAL BUILDINGS Lot Area, Lot Width and Setback Requirements Minimum Lot Area ................ ..................... ..............................1 00 Feet 00 Square MinimumLot Width.. ........................................ ............................... 60 Feet FrontYard Setback ........................................................ ............................... 30 Feet SideYard Setback ................ ............................... ............................... 0 Feet RearYard Setback ........................................................... .............................15 F eet MinimumLot Depth ........................................................... .............................80 Feet Lakeshore / Ordinary High Water Setback ................ ...... .............................50 Feet Minimum Floor Area Requirement ............................ ............................840 S q u are Feet *Minimum lot frontage on an improved public street shall be 60 feet, except that lots fronting on a cul -de -sac shall be 60 feet at the front building setback line. Applicable side or rear yard setbacks apply to lot lines abutting fire lanes, alleys or unimproved street right -of -ways. & uilding Height. The vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. No building hereafter erected shall exceed two and one half (2 -1/2) stories or thirty -five (35) feet in height. LOTS OF RECORD Special Provisions Corner Lots Lot width Minimum side yard setback 40 - 50 feet 10 feet 50 — 80 feet 20 feet 81 feet or more 30 feet Side Yard Requirements — The required side yard setback shall be a minimum of 10 feet. Lot width Minimum setback on 1 side yard 40 — 79 feet 6 feet 80 —100 feet 8 feet 101 feet or more 10 feet Front Yard — Except as regulated in Section 350.440, Subd. 6 of the City Code, the front yard setback shall be based on the lot depth as follows: Lot depth Minimum front yard setback 60 feet or less 20 feet • 61 — 80 feet 24 feet 81 feet or more 30 feet 2006 -4751- HARDCOVER REQUIREMENTS Impervious surface coverage of lots shall not exceed 30 percent of the lot area. On existing lots of record *, impervious coverage may be permitted by a maximum of 40 percent providing that techniques are utilized as identified in Section 350:1225, Subd. 6.13.1. Impervious cover is any • surface impervious or resistant to the free flow of water or surface moisture, including all buildings, driveways and parking areas whether paved or not, tennis courts, sidewalks, patios and swimming pools. Open decks (1/4" minimum opening between boards) shall not be counted in impervious cover calculations. DETACHED ACCESSORY BUILDINGS (GARAGES /SHEDS) — Lot Coverage and Setback Reguirements An accessory building shall be considered to be an integral part of the principal structure unless it is five (5) feet or more from the principal structure or use and providing that the structure exceeds 120 square feet. Area and Size Requirements (see hardcover requirements on page 1) A. Accessory buildings shall not exceed a total gross floor area of 3,000 square feet or 15% of the total lot area whichever is less. B. Each individual accessory building shall not exceed 1,200 square feet of gross floor area. C. The total number of accessory buildings for lots measuring 10,000 square feet or less shall be two (2). On lots exceeding 10,000 square feet, accessory buildings shall be limited to a total of .three (3). 2. Front Yard Setback. All accessory buildings shall meet thte same front yard setback requirements as the principal building, except for lakeshore and through lots. For detached garages on a lakeshore or through lots, a minimum twenty (20) foot front yard setback is required if the garage door(s) open to the street; an eight (8) foot front yard setback is required if the garage door(s) open to the side lot line. 3. Side Yard Setback. A detached accessory building may be located within four (4) feet of the side lot • line in the rear yard with a minimum of a six (6) foot setback in side yard location. On through and lakeshore lots, a detached accessory building may be located within four (4) feet of the side lot line in the front yard. Whenever a garage is designed with the doors facing a side lot line, the minimum distance between the doors and the side lot line shall be twenty (20) feet. 4. Rear Setback. A detached accessory building may be located within four (4) feet of the rear lot line. 5. Lakeshore Setback. Detached accessory buildings must maintain a 50 foot setback from the ordinary high water. DECKS See separate deck handout for more information. Front and Sides .......................... ...........................Same as Accessory Building Setbacks Rear.......... .................... ............................... ................. .............................10 feet ELEVATION Ordinary High Water Flood Elevation Lowest Floor Elevation REQUIREMENTS LAKE MINNETONKA 929.4 MCWD 931.5 933 CITY 931 DUTCH LAKE 939.2 940 942 LAKE LANGDON 932.1 935 937 2006 -4752- • 2638 Shadow Lane, Suite 200 • Chaska, MIV »s 16 Phone: 952.448.8838 • Fax: 952.448.8805 July 18, 2007 City of Mound Attn: Carlton Moore 5341 Maywood Road Mound, MN 55364 RE: Engineering Report 2007 Storm Drainage Improvements City Project No. PW -07 -04 Honorable Mayor and Council Members, The purpose of this report is to provide a summary of five areas of drainage concern within the City and request approval to proceed with easement acquisition and project design. This report includes an assessment of the condition of those areas identified by Staff and the City's Storm Water Management Plan for improvements in 2007. An overall project location map, site - specific preliminary design drawings and selected photographs are attached in an appendix for your perusal. The results of our analyses, conclusions and recommendations are as follows: Findings & Recommendations City staff and concerned property owners have identified various areas of localized flooding and/or excessive erosion and sedimentation in recent years. Five of these areas have been evaluated and subsequent preliminary designs have been prepared to remedy each site - specific problem. Following is a summary of those areas as well as the proposed solution and estimated project costs. 1. Port Harrison Townhome Area Ditch Erosion and Bay Sedimentation Findings: The Port Harrison Townhome area is located north of downtown on the east side of Commerce Boulevard and south of Three Points Boulevard. (Figure 1). The storm sewer system under Commerce Blvd. drains approximately 22 acres (Figure 2) and discharges to a flat drainage channel, which conveys the runoff approximately 200 feet into a docking area on Lake Minnetonka. Due to the flat nature of the channel, standing water and debris are frequently causing a nuisance condition for the residents. Additionally, the channel erosion and erosion from the upstream drainage area contribute to sedimentation in the lake requiring annual dredging by the City. Recommendation: The area encompassing the existing drainage channel does not currently contain an adequate drainage & utility easement. It is recommended that the City pursue a perpetual drainage easement to provide for the construction and adequate future maintenance of the system improvements. It is expected that this easement would be granted to the City without monetary compensation. The recommended improvements include: easement acquisition, storm sewer construction, sediment treatment structure installation, channel grading and reinforcement, and impermeable geotextile liner installation (Figure 3). These improvements will greatly reduce the amount of sediment reaching the lake, as well as restore the drainage channel to an aesthetically pleasing condition and adequately convey small and large rainfalls. In addition, an impermeable liner will be attached to the recently replaced (by the adjacent homeowners) metal piling "sea wall" to minimize future corrosion of the wall possibly due to road salt. The sediment removal device will collect grit from the drainage area and require vacuum maintenance approximately two times per year. This should effectively eliminate the annual, and expensive, dredging operation. The estimated costs associated with the proposed work are as follows: Construction Subtotal: $39,075.00 Soft Costs (30 %) $11,722.50 Total Project Site: $50,797.50 2. FranklinlGladstone Area Flooding & Erosion Findings: The Franklin/Gladstone area is located on the west side of the Island and drains into Cook's Bay (Figure 1). The south end of Gladstone contains a catch basin that does not effectively capture the runoff from the street. Consequently, the runoff proceeds past the inlet and cascades over the existing retaining wall destabilizing the structure and eroding the downstream channel. Recommendation: The recommended improvements include: storm sewer casting replacement & adjustment, bituminous grading & curb formation, riprap installation and plunge - pool construction (Figure 4). These improvements should force runoff into the catch basin and protect the retaining wall, as well as further protect the downstream drainageway from excessive erosion. The estimated costs associated with the proposed work are as follows: Construction Subtotal: $6,800.00 Soft Costs (30 %) $2,040.00 Total Project Site: $8,840.00 3. Highland Area Ditch Erosion & Sedimentation Findings: The Highland Boulevard area is located in the Highland Neighborhood between Ridgewood Road and Highland Boulevard and drains into Priests Bay. (Figure 1). The storm sewer from Bryant Lane/Ridgewood Road discharges at the top of the existing ravine, northwest of Highland Boulevard. The ravine is very steep and consequently is eroding due to the flows coming from the storm sewer outlet. The erosion is causing excessive sedimentation near Highland Blvd., as well Priests Bay. The erosion problem is also beginning to approach nearby residential driveways. Recommendation: The recommended improvements include: storm sewer construction, ditch grading and reinforcement, treatment structure installation, and bioretention area and outlet construction (Figures 5 & 6). These improvements will greatly reduce the amount of sediment reaching the lake, as well as restore the ravine and reduce runoff volume through infiltration. The sediment removal device will collect grit from the drainage area and require vacuum maintenance approximately two times per year. The estimated costs associated with the proposed work are as follows: Construction Subtotal: $55,987.00 Soft Costs (30 %) $16,796.10 Total Project Site: $72,783.10 4. Lynwood/Cottonwood Area Flooding Findings: The Lynwood/Cottonwood area is located at the northeast corner of Lake Langdon (Figure 1). This area contains an inadequate storm sewer outlet resulting in standing water on the adjacent private property. Additionally, it appears that the storm sewer present in Cottonwood Lane does not effectively drain the property and may actually contribute runoff to the area. Recommendation: The recommended improvements include: swale grading and trenchless culvert installation (Figure 7). These improvements will provide adequate drainage of the city and private properties and reestablish the historic drainage patterns to the area. The estimated costs associated with the proposed work are as follows: Construction Subtotal: $19,600.00 Soft Costs (30 %) $5,880.00 Total Project Site: $25,480.00 5. Walnut /Rambler Area Flooding & Ditch Erosion Findings: The Walnut /Rambler area is located on the far northwest portion of the City, south of Dutch Lake (Figure 1). The culvert under Walnut Road discharges at the top of the existing ravine between Walnut Road and Rambler Road and drains a portion of Minnetrista (Figure 8). The ravine is very steep and contains an inadequate storm sewer from Rambler Road to Dutch Lake. The ravine is eroding and the system is frequently plugged causing stormwater to overland flow downstream into homes on Rambler Road. The erosion problem is also very near residential driveways. Recommendation: The area encompassing the existing drainage channel had been within a dedicated roadway but the road right -of -way was vacated and apparently no drainage and utility easement was retained. It is recommended that the City pursue a perpetual drainage & utility easement to provide for the construction and adequate future maintenance of the storm drainage improvements, as well as for future connection of the deadend watermain in Walnut and Rambler. This connection will significantly improve fire flow in the area. This watermain work is anticipated to be included with the 2008 Street Reconstruction Project. It is expected that the necessary drainage and utility easement would be granted to the City without monetary compensation. The recommended improvements include: easement acquisition, storm sewer construction, channel grading and reinforcement, and street & driveway restoration (Figures 9 & 10). These improvements will significantly reduce the erosion currently occurring in the ravine, as well as remedy the flooding problem of the downstream homeowners. The estimated costs associated with the proposed work are as follows: Construction Subtotal: $41,051.00 Soft Costs (30 %) $12,315.30 Total Project Site: $53,366.30 Summary City Staff have identified five areas within the City Limits of excessive erosion and/or flooding that require immediate attention. These areas have been studied and feasible solutions have been identified and described above. The City should pursue acquisition of Drainage & Utility easements at the Port Harrison Townhome site and Walnut/Rambler site, at no cost to the City. The estimated costs associated with the recommended improvements are summarized in the following table: Total Estimated Project Cost: $211,266.90 Funding for this project is available in the Storm Water Utility Fund. Please feel free to contact me for additional clarification or information: 952.448.8838, ext. 2607 Respectfully Submitted, Bolton & Menk, Inc. -3:14� David Poggi, P.E. DMP /dmp Enclosures Location I Improvement Project Cost 1 Port Harrison Townhome Storm Sewer, Treatment Structure, $50,797.50 Area Ditch Grading 2 Franklin /Gladstone Area Storm Sewer, Street Grading, Outlet $8,840.00 Restoration 3 Highland Area Storm Sewer, Treatment Structure, $72,783.10 Ditch & Bioretention Area Grading, 4 Lynwood /Cottonwood Site Grading, Trenchless Culvert $25,480.00 Area Installation 5 Walnut/Rambler Area Storm Sewer, Ditch Grading $53,366.30 Total Estimated Project Cost: $211,266.90 Funding for this project is available in the Storm Water Utility Fund. Please feel free to contact me for additional clarification or information: 952.448.8838, ext. 2607 Respectfully Submitted, Bolton & Menk, Inc. -3:14� David Poggi, P.E. DMP /dmp Enclosures Appendix A Figures 'J%' M W z W z p (� of W W Lj 0 3: � LLJ p ZLdU) LU �) LL i 3 _ 0 t c w = ZOtn \ \\ C N p 110 ZQ O d ccc -� v �rn °moo 0z z Q J J o II m r m rn II e ? 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I � \Fi ■ • • ■ • • i N 121 V460is .9v 3NVTA1OOMNO-4q ao 11 0a: O aaZ d Z i ■I ZiW. 2.1; 41;1 zi 012 ,I- 0 m r > w�. e S1 i� saw c_ 4 AW _ x 4 r. a AREA, = 7.5 A �'F;4� t _K tee$ ME tam II NI oil 11 1 P�A 0 !100:; �I II�I8�1 In 0 1 milli 1111111111111111111 II 1101111111 mom Appendix B Photographs iy� .� I'.5 ` mi j �_ l yam,, * � f � � � � ;� fTJ ,i 4 `. i . `� "i-ci � }� , < "• f ��` � s r, � - / j A � , `� y e� �41P i y ] 1 � '� �a � �K �Y� j5�__ l 3 �} � } �' �� 'pp`y t�kn ` +� � �. � 6 �.. / Y �`R.i c �.� � . '��, -� it � <e z F� 7.a -' � � _ 1 ,+ ���� 2�.�n 'g�:'i'8 i � X � � r � .r iy; � ..'ry.. mss. :. .. { � � � � � y�� � � �' � � �, P� s , �`� � lr � �V � �' `w ' adz 'sq �' ,�ej �` ���'" _. .� � °�� �: �; . 1 ,� ,r � Port Harrison Townhome Area — Outlet Riprap/Piling at Lake Minnetonka X a NVO M ft� o ov-* w �Y �°�.- �'!` — ' ti.,.. 1`S, s'`�y' .rte -'�`'��.rt�."� •�a1 -'yt:: - �. s' +a .i;€n � � � � .+. a �' :.x,, -sue' _ , s \��\e�' A.� `�r,r• IL +W4f 7-4 e i * i • • Now that you are elected... develop the capacity you need to be the most effective leader possible! It takes strong leadership and a mastery of many skills to be successful in public office today. Invest in yourself and your community by expanding your own leadership ability through enhanced critical thinking, powerful problem solving and decision making. Join your peers and enhance your success as a public leader, while building new connections and strengthening the role of local government. The Public Leadership Academy for Elected Officials is a program "Leadership and learning are designed to provide a transformational experience by building new skills, indispensable to each other." new networks and new perspectives to help elected officials meet the John F: Kennedy challenges of our complex and changing communities. Reserve your space today! Call 763.433.1200 to register or for more info Beginning March 22, 2007 Sessions run the 3rd Thursday of each month, from 5:30- 9:00 p.m. Join other elected officials and participate in this five session leadership academy where you will first develop an accurate understanding of your own leadership assets and learn new creative and engaging methods to lead in local government. Using your instincts, core beliefs, and passion you will gain knowledge; perspectives and approaches from. great leaders and discover the experiences and beliefs that transformed them. The Public Leadership Academy for Elected Officials allows you to practice your newly acquired skills as you strengthen your own leadership spirit and define your leadership philosophy. You will benefit by: Learning the art of translating vision into action • Gaining new ways to be an effective and enduring leader • Developing a broader perspective of issues facing our communities • Forming partnerships with other elected officials to increase regional capacities for a stronger future "Effective elected officials have to do a lot more than just represent the wishes of their constituents. To make real change, they must work across boundaries, inspiring common vision and cooperative efforts." Arn Miller Executive Director, League of Minnesota cities Designed for Elected Officials —by Elected Officials! Sponsored by: - 4- - Ci0kaRC�C sey -4753- #1 - Leadership Capital Assessing Your Potential To begin the academy you will develop an understanding of your leadership potential and areas you wish to expand. By using the Leadership Challenge model and taking the Leadership Practices Inventory, you will gauge your own leadership assets. • Use the Leadership Challenge instrument • Create a personalized leadership plan • Begin a personal "leadership log" • Create a credo and metaphor of your leadership philosophy Thursday, March 22, 2007 5:30- 9: <00p.m. Introduction: Sherry Butcher, Anoka - Ramsey Community College sheer Butcher and City Council Member, Eden Prairie Facilitator: Mary Jo McGuire, Attorney Mary Jo McGurei and former member of the Minnesota House of Representatives Instructor: Denise Gamble, Anoka.- Ramsey Community College #2 - Honesty and Trust in Public Leadership The "Right Stuff" Now that you are elected what is expected of you by your community and what do you expect from yourself? How do you gain trust in a political world of disengagement and skepticism? As a leader how will you motivate and empower others to ensure the well -being and sustainability of your community. Explore effective leadership models and meet respected leaders who make things happen in extraordinary ways: Guest speakers: ., Harry Boyte: Co- director of the Center for Democracy and Citizenship, Senior Fellow, Humphrey Institute, University of Minnesota. Karen Anderson: (former) Mayor, City of Minnetonka, (past) President, National League of Cities Thursday, April 19, 2007 5:30- 9 :00p.m. Facilitator: Mary Jo McGuire #3 - Collaborative Leadership A Bridge Over Troubled Waters You can't do it alone. The most important work of the elected leader is to get people working together to set a shared vision and achieve common goals. Good leaders build a collective sense of "we" and enable others to act. '.How do you put together and work with teams to make the best possible decisions for your community? In this session learn the art of consensus building and collaboration. • Explore best practices in consensus building • Participate in a group activity on how consensus building works Guest speakers: Elizabeth Kautz: Mayor, City of Burnsville Linda Koblick: Hennepin County Commissioner Thursday, May 17, 2007 5: 30 -9: 00 p. m. Facilitator: Mary Jo McGuire -4754- Unda Koblck M� i Elizabeth Kautz • �j I* #4 - Turning Conflict Around Where the Rubber Meets the Road Conflict, disagreement and controversy are all natural occurrences in our world. As a leader much of your work involves managing conflicting issues and making decisions that may be unpopular. In this session you will explore the nature of conflict and learn positive and effective strategies for solving interpersonal and group conflict. Discover the ways to communicate the facets of conflict and controversy Learn the 5 conflict styles "Our chief want is Practice a five -step process to conflict resolution someone who will Develop an Action Plan to resolve current conflict in your world inspire us to be what Guest speaker : Melissa Krull, Superintendent, Eden Prairie Schools we know we could Thursday, June 21, 2007 5:30 -9:00 p.m. be. " Facilitator: Mary Jo McGuire Ralph Waldo Emerson Melissa Krull #5 - Driving Positive Change in Your Community "The Times They are A- Changing" Elected leaders drive change in their communities. They challenge themselves and inspire others to do their best to achieve positive outcomes. In this session you will learn how to lead by creating a readiness for change in your community —and develop steps to overcome the resistance to change. You will learn to use a simple, yet powerful tool to drive change and overcome resistance • You will learn new ways to inspire others to positive action for the community You will hear examples of positive change makers in local government and how they succeeded Guest speaker: Tim Penny, former Congressman and Senior Fellow, Center for the Study of Politics and Governance, Humphrey Institute of Public Affairs, University of Minnesota The Leadership Academy will conclude with a ceremony, awarding of the certificate and a celebration. rim Penny Thursday, July 19, 20075:30 -9:00 pm. _. 3 Conclusion: Sherry Butcher Facilitator: Mary Jo McGuire < l Dlic Leader is essential in serving Academy will help you identify ierent leadership abilities as you build invaluable professional Elizabeth Kautz Mayor, Burnsville -4755- Program Componen s. • Expert instructors • Distinguished speakers • Leadership Challenge Practices Inventory and book • All additional workshop materials • A professional journal • Dinner and refreshments at each session Leadership Certificate, Continuing Education Units (CEUs) Public Leadership Academy for Elected Officials Program details: The Leadership Academy runs for five weeks beginning March 22, 2007 5:30 - 9:00 p.m. (includes dinner.) Location: Ridgedale Library, Minnetonka Mar 22, 2007 April 19, 2007 May 17, 2007 June 21, 2007 July 19, 2007 I Don't Delay— Limited availability Register., byph,on,e„ at„763.4,33.,1, 200„ o,r „fax, 7,63.,433.1,201„ Registration Deadline 3/5/07 1. Complete the mail -in /fax registration form below. 2. Pay fees by check, PO or credit card. 3. Only ONE person per registration form. 4. This form may be duplicated. 5. Retain your check as your receipt! No confirmation is sent. Refunds /Cancellation College reserves the right to cancel the offerings should the need arise and you will receive a 100% refund. The workshop will be held unless we notify you of cancellation. Full refund is granted if the re- fund is requested 15 days prior to session. Cancellations received after this date and no -shows are subject to the full course fee. Credit Cards are not credited; rather, you will be refunded with a check. Leadership Academy for Elected Officials Name (please print) .................... .........................._.... ......................,.,,,.... __, Social Security* First _ _ ................. .......................Last..,, MI SSN OR Student ID# Title Address City................. Company Name .......... State....._. ZIP Phone E -mail Day *Providing a Social Security number is voluntary. College uses this information for positive identification to ensure your records are not confused with those of other students. In the records system the SSN is the primary means of identification. Although your reg- istration will be accepted without a SSN, providing it reduces the likelihood of error when matching data with your registration. Program Fee: $595 /person Method of Payment: ❑ Check ❑ Visa ❑ MasterCard 01 -4756- r1Lm LMCD REPORT TO THE CITY OF MOUND Summary of Current LMCD Activities 7124107 City Council Meeting 1. 2007 Aquatic Invasive Species Programs A) Milfoil Harvesting Program • Program initiated in 1989, primary purpose is to clear impediments public navigation from docks & public accesses caused by milfoil (not aesthetics) • Harvesting equipment initiated its harvesting on June 13th and is planned through mid August • Budget for the 2007 program is $109,000, with a MN DNR grant of $32,700 to reduce the levy to Mound and the other 13 LMCD member cities • Harvesting was conducted in the Mound area (Harrison Bay, Black Lake area, Cooks Bay, & Priests Bay) on June 21St, 22rd, 25th, & 26th B) Lake Minnetonka Milfoil Demonstration Project • In 2006, the LMCD partnered with the Lake Minnetonka Association, the Minnesota Department of Natural Resources (MN DNR), and the Army Corps of Engineers to determine the effectiveness of herbicides as an adjunct to the Milfoil Harvesting Program • This was conducted on 3 bays, including a 6.3 acre plot on the northwest corner of Phelps Bay • No herbicide treatments were coordinated by the LMCD in these, or any other areas of Lake Minnetonka, in 2007 to allow the Army Corps of Engineers to further evaluate the success of the 2006 project • This analysis has been conducted, anticipate an updated Report sometime in late August or September C) Public Access Inspection Program • The LMCD has coordinated with the MN DNR on this program since 2001 • The primary purpose of this program is to inspect watercraft/trailers prior to launching into Lake Minnetonka from mid May through mid September at high volume public accesses, during peak times, to prevent the introduction of new aquatic invasive species (AIS) • High volume public accesses include: 1) Grays Bay, 2) Maxwell Bay, 3) North Arm, & 4) Spring Park Bay • Peak times include: 1) Fridays (11 a.m. to 7 p.m.), & 2) Saturday, Sundays, & Holidays (9:00 a.m. to 5:00 p.m.) • Approximately 7,850 of inspections have been conducted by this program since 2001 • The MN DNR has approximated that this coverage covers 50% of all watercraft/trailers launched into Lake Minnetonka D) Internet Landing Installed Device Sensors (I -LIDS) • In 2006, the LMCD funded a $2,000 grant to Environmental Sentry Protection, LLC to determine the feasibility of developing a boat launching monitoring system to aid in the prevention of the spread of AIS • One I -LIDS unit was contracted in 2007 to compliment the Public Access Inspection Program from May 12th through October 11th at the Grays Bay, Maxwell Bay, North Arm, & Spring Park Bay public accesses • This has been contracted for seven days a week, 24 hours per day for non MN DNR inspection hours • This program monitors watercraftitrailers being launched into Lake Minnetonka only t 2. Adopted 2008 LMCD Budget • In June, the LMCD Board adopted its 2008 LMCD Budget & forwarded it to the 14 LMCD member cities by the July 1st deadline • In 2008, the overall levy increase to the 14 LMCD member cities increased 5.8% compared to 2007 ($318,241 in 2008 ors. $300,820 in 2007) • In 2008, the levy increase to Mound increased 3.8% compared to 2007 ($24,548 in 2008 vs. $23,639 in 2007) • The primary factor for this increase in the 2008 levy was an additional %2 time staff member for more proactive LMCD Code enforcement at residential sites • Although this project is taking place in 2007, the Board determined that staffing levels were not adequate to continue this project in 2008 without additional LMCD staff 3. 2007 LMCD Code Enforcement Project • In May of 2005, the LMCD Board of Directors conducted a Public Meeting to discuss considerations being discussed by the Lake Minnetonka Boat Density Committee • Nine concepts were discussed at this Public Meeting, with one including enforcing existing storage ordinances • Those in attendance recommended enforcing existing storage ordinances at residential sites rather than adopting new ordinances (primarily boat rental situations) • LMCD staff documented potential boat rental situations during the 2006 boating season and sent out educational letters to these property owners • Further documentation is taking place in 2007 to: 1) verify whether non - compliant sites in 2006 have been resolved, and 2) to document potentially new sites during the 2007 boating season that are in non- compliance with LMCD Code (with follow -up educational letter similar to 2006) CITY OF MOUND LAKE MINNETONKA CONSERVATION DISTRICT YEAR ANNUALDUES 2002 $18,791.76 2003 $19,793.20 5.33% 2004 $19,940.00 0.74% 2005 $21,013.00 5.38% 20061 $22,024.00 4.81% 20071 $23,639.00 7.33% 2008 $24,548.00 3.85% N1INNFT���9 v�� • LAKE MINNETONKA CONSERVATION DISTRICT M 18338 MINNETONKA' BLVD. • DEEPHAVEN, MINNESOTA 55391- TELEPHONE 9521745 0789 FAX 952/745 -9085 y '.SAVE THE LIKE ' ,�� Gregory S. Nybeck, EXECUTIVE DIRECTOR BOARDNEMBERS - Tom Skramstad, Chair June 28, 2007 Shorewood Katy Van Hercke, Vice Chair Minnetonka Tom Scanlon, Secretary Spring Park; Tom Seuntjens, Treasurer TO LMCD Member"Cities- City Administrators Minnetonka Beach Gene Altstatt LMCD Board of Directors" Greenwood Doug Babcock Tonka Bay (L FROM: Greg Nybeck, Executive Director Mary Bader Wayzata David cross SUBJECT: Adopted 2008 LMCD Budget Deephaven , Leigh Harrod #the 2008 Lake Minnetonka Conservation District Excelsior Steve Johnson Mound Enclosed is a copy o (LMCD) Budget; which was recently adopted and certified by the Andrew McDermott Ill LMCD Board of, Directors. Minnesota State Statute 1036..635; Subd. Orono Nelson 1 requires the LMCD Board, on or before July 1 Of each year,.to Pete Victoria prepare and submit a detailed "budget .of the LMCb'1s needs for the Herb Suerth Woodland �isa next calendar year to -the governing body of each municipality in the of the budget to be provided Whalen LMCD with a statement of the proportion Minnetrista by each municipality. , Per enabling legislation, the maximum levy the LMCD could fgrward to its member cities in 2007 is $504,086. , e are pleased to forward an "2008 LMCD Budget that is well below the maximum levy at approved $31 8,241. This levy is a 5.8% increase compared to 2007 ($$00,820). The primary contributing factor to this increased levy is the addition' of a, 1/2 time position to LMCD staff to more proactively educate and enforce LMCD Code at residential sites on bake Minnetonka. " If your city has any comments about the adopted 2008 LMCD" Budget, please let me know. We are glad to discuss this further and are required by state,statute to schedule a public hearing on this matter, i# requested. On behalf of the LMCD Board of Directors, I would like to thank all 14- member cities for their continued participation and support of LMCD related activities. Please feel free to contact me at the LMCD office if you have questions or concerns. My a -mail address is; gnybecka mcd.org Web Page Address: http: / /www.Imcd.org soi Recycled Content 20% Post consumer waste E -mall Address: Imcd @ lmcd.org -4757- m o m m X �. w Cc N @ X d m "' o rn � m o s' X C n cc w 3 �. FD' co fA � to 3 0 c 7 N N 0 'O CD a N y .. N N V O N co x O O Co C7 O CJA OCD - m vo v 0 0 0 R z CD X (7 D) 0 CD 0 7 z m X n a ro C) co O 0 0 O A N \o O tD CA Cl W N O OD W 0 O_ 0 0 0 N W O O A V O O O 0 N A * 2< -10 = 0 3 3 3 3 0 m p 0 OO ->G -ni z M 0 0 c z Z rn n rn p O z m z z m m m rn v O� oz O � w y z a a n y cn O m p < M v 0 n= G z m C O 4 V W 4 N W 111 C? 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N a m 0) m Q m O �< CD N y WCD CD co r rfl O n O O c m 0 0V0 CD c0 CD 3 CD CD o X m y 3 Om v ,a 0 CD :E = m a ° : m W ca a O N o. -4762- 0 � 401 C7 [7 nib ° ° -mm0 � ��mm°°� 0, 0 0. 0) CO) to N � N_ N CD ( n ( Z C o fD ( (D (D (D 0 W 0 N c c a c C Q a W 0o w N m> > Q N m> > III III 4 o o s � S.>0.0 -0 D O O CD 0 p m 7 nWi D crimp ° °W— �vo�mm c v m c 0 - o o U3 > W c CD a a U1 N O -P 7 ifl 4A N O D) 0 A cn (00 (O '0 !A 6, O FA O Of Efl ifl 0 49 (T -� C 0 0 0 0 0 0 0 0 0 0 0 0 0 WID W 3 O .OPD y O do � 69 ts N O (0 (0O C0 (D & Efl Oifl40 OEfldi69 - OD OOOOOD 000OD y C7 -4763- m c -a 3 M eD 00 OD o N N N CD W 0 P CO O 0O EA 4fl FA A A O D p 000 co (O 0000(0 m C7 -4763- m c -a 3 M eD 00 OD o N N N CD W 0 P CO O 0O EA 4fl FA A A O D p 000 co (O 0000(0 m MEMORANDUM is To: City Manager Kandis Hanson From: Police Chief Jim Kurtz Subject: Shorewood Lane — No parking petition .................................... ............................... E M M O N S I was requested to review and evaluate a citizen petition to relocate "No Parking" signs on Shorewood Lane. History On or around 2001, the City of Mound adopted, by resolution, a parking plan for our city streets referred to as a "parking map ". The purpose of the parking map was to uniformly and consistently plan and enforce No Parking zones on city streets. The City of Mound is required by State Statute to post one side of our city streets as "No Parking" due to the limited size or diameter of our roads. The Parking Map established general rules that state city streets running north/south will have No Parking posted on the west side of the road and streets that run east/west will be posted No Parking on the north side of the road. The rules were designed to coincide with fire hydrant placement which places additional burdens on parking. Minnesota State Statute 169.34(4) prohibits parking within ten feet of a fire hydrant. To date, the only . exceptions to the Map Plan have occurred on city streets where city parks are located. Exceptions were made in these instances to reduce repeat nuisance complaints generated from people using the parks who parked their vehicles in front of residential homes. Shorewood Lane In 2007, as part of the street reconstruction project, Shorewood Lane had its No Parking signs moved from the east side of the street to the west side of the street to be in compliance with the Parking Map. Moving the signs created some parking hardships for people living on Shorewood Lane south of Lakeside Lane. The hardships included a reduction in "curb parking spots" from 24 potential spots to 19 potential spots and some postal service delivery problems. All of the residents on this section of street have their mailboxes located on the east side of the street. The Post Office will not deliver mail if a vehicle is parked in front of a mailbox. Another issue that has been identified in this matter is the perception of unused parking spots. The vast majority of residence on this section of road have their driveways on the east side of the street, which creates a large section of uninterrupted curb space on the west side of the street that residents are prohibited from using. This uninterrupted curb space creates the perception, opinion, or view of "unused parking spots." In fact, this section of road has the largest uninterrupted curb space on the entire street. is -4764- • In contrast, the residence who live on Shoreline Lane between Three Points Boulevard and Lakeside Lane are seemingly un- impacted by the change in signing. Their driveways and mailboxes are equally distributed along the roadway and their curb space is short and spaced in- between. I have identified three options for councilmembers consideration: Option A. Do nothing and keep parking in accordance to the Parking Map — No Parking on west side Upside 1. Parking will be uniformed and consistent throughout the city. 2. No Parking would be on the same side of street as hydrants and feeder streets. 3. No enforcement problems. Downside 1. Reduce potential parking spots by five. 2. Mail delivery could be disrupted. Option B. Deviate from the parking Map — move No Parking signs to east side of street • Upside 1. Creates five additional potential parking spots 2. Vehicles will be prohibited from parking in front of some mailbox (specifically, south of Lakeside Lane) and thus not disrupt postal service. • Downside 1. Inconsistencies in city street signage could create an enforcement problem. 2. May promote petitions from other neighborhoods. Option C. Preserve the Parking Map and have residents move mailboxes to the west side of street. Upside 1. Parking will be uniform and consistent throughout the city. 2. No parking will be on the same side of the streets as the hydrants and feeder streets. 3. Mailboxes will be on the same side of the street as No Parking and hydrants, therefore mail service will be unaffected. 4. No enforcement problems. Downside 1. Reduce potential parking spots by five. 2. Residents would be required to move their mailboxes. -4765- Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2007 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 perform ed 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. j 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. Selected Parcel Data Parcel ID: 18- 117 -23 -23 -0076 Owner Name: 3 W CARRIER & R K PEDERSON Parcel Address: 1847 SHOREWOOD LA, MOUND, MN 55364 Property Type: RESIDENTIAL LAK Homestead: HOMESTEAD Area (sgft): 10996 Area (acres): 0.25 A -T -B: ABSTRACT Market Total: $813,000.00 Tax Total: $7,747.80 n N�V M Date Printed: 7/15/2007 12:03:51 PM Current Parcel Date: 07/13/2007 Sale Price: $564,000.00 Sale Date: 04/2002 Sale Code: WARRANTY DEED http: / /wwwl3 .co.hennepin.mn.us /HCPropertyN- 4766- _or.aspx ?PID= 1811723230076 7/15/2007 0 ai cIC'- KI 169.34, Minnesota Statutes 2006 Page 1 of 2 Legislature Home I Links to the World I Help I Ac Ce1 "ts • Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules House I Senate I p apter169 Table_of Contents Minnesota Statutes,Table of-Chapters 169.34, Minnesota Statutes 2006 Copyright ® 2006 by the Office of Revisor of Statutes, State of Minnesota. 169.34 PROHIBITIONS; STOPPING, PARKING. (a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic- control device, in any of the following places: (1) on a sidewalk; (2) in front of a public or private driveway; (3) within an intersection; (4) within ten feet of a fire hydrant; (5) on a crosswalk; (6) within 20 feet of a crosswalk at an intersection; (7) within 30 feet upon the approach to any flashing beacon, stop sign, or traffic - control signal located at the side of a roadway; (S) between a safety zone and the adjacent curb or within 30 feet of points on the curb • immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; (9) within 50 feet of the nearest rail of a railroad crossing; (10) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted; (11) alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic; (12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) upon any bridge or other elevated structure upon a highway or within a highway tunnel, except as otherwise provided by ordinance; (14) at any place where official signs prohibit stopping. (b) No person shall move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful. (c) No person shall, for camping purposes, leave or park a travel trailer on or within the limits of any highway or on any highway right -of -way, except where signs are erected designating the place as a campsite. (d) No person shall stop or park a vehicle on a street or highway when directed or ordered to proceed by any peace officer invested by law with authority to direct, control, or regulate traffic. History: (2720 -219) 1937 c 464 s 69; Ex1937 c 38 s 1; 1939 c 430 s 13; 1989 c 342 s 16 • Please direct all comments concerning issues or legislation to your House Member or State_ Senator. -4767 http: / /ros. leg .mn /bin/getpub.php ?pubtype =STS _milL - LP_ SEC &year-- current§ion =l6... 7/19/2007 Date July 12, 2007 —J�0 LUMNn ROUTING FORM Directions: Please review the attached petition submitted on or about July 1, 2007 for - -- - - ---a change- if"arking en 8h0rewosd L-ane:--C—omment"f-e- due -no- later -- than 12:00 Noon on Wednesday, July 18, 2007. Please forward comments to Vicki Weber. Description: Petition requests no parking be changed for 1872 through 2010 Shorewood Lane from the west side of the street to the east side of the street. Property Address: 1872 through 2010 Shorewood Lane City Staff U Sarah Smith, Commun. Devel. ❑ Carlton Moore, PW Director ❑ Greg Skinner, PW Supt ❑ Ray Hanson, Engineering /Planning Technician ❑ Jim Kurtz, Police Chief ❑ Greg Pederson, Fire Chief ❑ Other Public Asiencies COMMENTS: N e=> (f � VV^ VAA- -e YL .: • • • • July 1, 2007 To: Greg Skinner and the Mound City Council This petition is to return the no parking signs on Shorewood Lane, from Resthaven to the lake, back to where the residents say they were for the last 50 years. Of the 40 homes on Shorewood Lane, 28 are on the lake side and only 12 on the inside. There is considerably less parking on the west side of the street. When people do park there, they block the majority of the mail boxes, since all the mail boxes from the lake side on, are on the west side. This change in parking has greatly reduced the amount of space available and is an inconvenience to both sides of the street. "All" of the people who signed the petition for change, could not understand the city's reason to move the signs. Our friends and relatives were used to parking on the east side. You can see by the accompanying regularly can't deliver mail because of blocked mail boxes. vt utc "ry uvww, %JL".T - owners were adamant in their request to park on the east side. The other 6 homes were either vacant or unable to reach.. • 1 would request that the city council address this issue immediately. If there is any further reason foT-the homeownw to anend a meaft -g, all 32 that signed- f or the c-'halige said they would attend the meeting to voice their concerns. Hopefully this petition will be enough to give us back our parking on the east of Shorewood Lane, from Resthaven to the lake. To let us know of your progress and final decision, could you please refer any correspondence to: Doug Kaiser, 1880 Shorewood Lane,, Mound, MN 55364, 612 -804 -7702. • �lC Yav, -4769- PETITION TO CHANGE NO PARKING SIGNS We the residents of Shorewood Lane in Mound, MN, petition the city of Mound t& restore the no parking signs to the west side of Shorewood Lane as they were placed for the last 30 years. Density on the east is so great that it has reduced parking spaces, blocked driveways and disrupted the mail service, as almost all mail boxes are on the east i 4-4�t -iS� • 0 0 4,10 & 1 _ 4012 7 rz �1�o 0 0 �,-jAzk I's 4 ,-t- `�GT�" .GCS 1 r o tuz ;U zmi Unwe- //o 1- m 6�L d�t ,Z71 6ftql� W�� 6-- w J All 1 AJO pro eal V `is� Vim' ✓ Vt Vi�"WV�./ � WJ�f! ✓V� -' -4772- J F " r t - F } f, Tp fI &A Ivai nrnn 4774- r t Vli � • IA el KA N b Is domp Harbor Wine & Spirits JunedP 0 -i • Date Weather Cust 07 Cust 06 Variance Sales 07 Sales 06 Difference +l- Cash +l- I• C7 6/1/2007 ovrest 80's 6/2/2007 sun /rain 80 6/3/2007 6/4/2007 sun /rain 80 6/5/2007 SUN 75 6/6/2007 sun /rain 80 6/7/2007 wind 80 6/8/2007 SUN 78 6/9/2007 SUN 87 6/10/2007 6/11/2007 sun 94 6/12/2007 sun 95 6/13/2007 SUN 90 6/14/2007 sun 92 6/15/2007 SUN 90 6/16/2007 SUN 90 6/17/2007 6/18/2007 pt sun 82 6119/2007 sun 77 6/20/2007 sun 83 6/21/2007 sun85rain75 6/22/2007 PTSUN 78 6/23/2007 SUN 90 6/24/2007 6/25/2007 SUN 94 6/26/2007 SUN 95 6/27/2007 SUN 78 6/28/2007 SUN 75 6/29/2007 SUN 80 6/30/2007 SUN 82 Totals 569 312 662 591 755 295 291 264 271 279 356 325 604 334 698 471 493 324 334 340 370 621 766 255 283 290 355 534 697 332 337 303 311 674 793 277 275 268 326 495 674 240 276 294 315 551 594 273 292 325 344 666 11665 10309 257 14909.23 6098.53 71 15817.79 13099.89 -755 19339.51 295 5106.75 27 6566.26 4589.96 -8 5088.45 4898.68 31 7485.35 6490.44 270 14803.59 6808.52 227 17314.74 11940.23 -498 12486.18 324 6627.28 57 6304.52 5233.56 65 6685.03 5543.87 102 8533 4731.13 295 14729.79 6445.79 271 18644.89 11297.82 -674 17463.53 255 3902.76 43 6092.09 4300.53 14 5977.18 5098.81 61 7704.54 6576.84 219 13158.74 6710.94 146 18477.64 11709.22 15761.59 332 5646.27 64 6630.09 4946.11 11 6354.21 5337.17 -14 6677.84 6614.98 330 17317.4 8132.81 127 21241.03 18764.07 1356 267796.46 228913.97 -4775- 8810.7 2717.9 - 19339.51 5106.75 1976.3 189.77 994.91 7995.07 5374.51 - 12486.18 6627.28 1070.96 1141.16 3801.87 8284 7618.07 -17463 3902.76 1791.56 892.37 993.6 6447.8 6768.42 5646.27 1683.98 1017.04 62.86 9184.59 2476.96 ✓38882:49 F (oOL, 150 2 1.9 5.76 -0.66 -0.56 -6.74 0.08 -1.44 1.01 -0.47 -0.62 -0.08 0.85 0 6.21 0 -0.08 0 -0.03 3.31 -9.53 1.1 -0.4 -1.44 0.18 -1.29 0.23 -2.71 1 T -H GIL n' SPIE GA/ EM VOLXIV NO 19 JULY 2007 Greetings. Spring planting activities are now starting to slow down a bit for me at the Landscape Plant Development Center (LPDC) but Pm way behind in other things. Shelby and I just returned from spending a week in Oregon where the Center has a research station. In addition to taking some notes on our plantings and catching up on things at the Center, we had time to do some hiking at several of the state parics. Oregon has some lovely. scenery. I'm looking forward to showing Gillespie Center members some of the LPDC's promising plants that are growing at our place. That will take place tomorrow morning as I write this. By the time you get this newsletter, constriction of an expanded storage room for the kitchen at The Gillespie Center should be well underway and hopefully nearly completed. Work is scheduled to start on June 25. Harold Pellett . • Hello everyone! it's good to be home. Henry (my dog) and I safely returned from another "adventure". He is a good • traveling companion; silently spending long hours in the car between stops. But I missed everyone at the center. My daughter and I say to each other "Don't have any fun without me ". But I hope you had tons of fun without me and that you will continue to have fun at TGC all summer. Are Your spirits dragging, suffering from the heat, or in need of a boost? Well; what you need may be coming soon — The Spirit of the Lakes Festival. This citywide event may lift your spirits or help keep them high. During the three days, there will be activities to match everyone's interests. We are planning our second annual "Bird BBQ" for Sat. the 21°`. The ewe is grilled free -range chicken served with homemade barbecue sauce, made from scratch baked beans, coleslaw, bread, and delicious desserts. There will be coffee, iced tea, and lemonade to drink. Serving will begin at 5pm and continue until the food is gone. Excitement will be high from 7 -9pm because Timbre Junction will be performing! I This versatile four member blue -grass band was with us three years ago and left our members wanting more. We are happy to have them back. You can come for dinner and music; then go to the park for the fireworks. Don't miss this great evening!! Barbara Calhoun, President, Advisory Committee Hello everyone, I hope you are enjoying your summer. Are you looking for a fun family outing or scenic day trip this summer? Why not lnvkte your family and friends in go on an AI & Alma's Boat Guise & lunch on Mondays from 11:30 a.m.-1:30 P.M. for only $15 in July and August? It Is a wonderful fundraiser for The Gillespie Center. Al & Alma's generously donates $5 to The Gillespie Center from each ticket sold. Tickets may be Purchased at the front desk at The Gillespie Center. Join us in July for: two travel, programs on July 11; Senior Golf outings on Thursdays at !fivers Edge G.C.; Trip to the Old Log Theater: Play, RLeaving Iowa" on July 18; Spirit of the Lakes Bird B8Q and Music by Timbre Junction on July 21; Trip to Mystic Lake Casino on July 23; Cabin Program by Doug Ohman °Escape to the Lake" on July 26; Summer Flower Tour at the Minnesota Landscape Arboretum on July 31 and more. A special thank you to Linda Hugh and all the volunteers who worked so hard on The Flea Market The Flea • Market offered a variety of vendors, food and fun for everyone. A big thank you to Gerry Smith for all his manpower in setting up tables and rooms for special events/rentals. Thanks to all the volunteers who contribute everyday to the operation and the success of The Center. We appreciate all of you! Happy Fourth of July! Hope to see you at The CP^+n< ^l Take care, Mindy Anderson, Center Director -4776- 2007 -07- 1712 :56 9524719151» 9524720620 • • FE L v co as c c t h O N y N E -4777- a 0 U o e 3 9 = ' c —O g CD Y g � o li O li. N �i r a$ 14 N c .2 c N p LL N > $ rye O! yy i m N O C Q` G.2 m ��- L H C w p t H m it .� L F- C CL y c re g •O 13 � 13 0 7j( s c a E � O C O c N 3 LLI m 3 o g o_ C O � V1 J c 3 i N c tyy7� co Im 4 �dSj 0 $ m, IN 0 7 W C 0 am � am N a d CIr� 4° a m CA ° ° $ C �+ 2 2 N N E 1 2 E 5- E E E Cf N 1� Of N h of LV t+. 9s N t� 6f N ti -4777- a 0 U 2007 -07- 1712:56 9524719151» 9524720620 d 0 N Z C C cc h O 0 N a -4778- P 3/4 0 c�. • • • IN H N c N c Q w W ?mOi m W a V O 0 N Gt ILO -i [f _e _j3 �n C O C G O 0 ID cm w .^ IL I m LL N , 3 c a `_ �m o O :. N m �_. •= pf N y o (� J qnqt1 C7 ~ CL U ZE c ce i 0 c O C G y, 7 is 0 O t °$ N :: d e s O a, g � �C ° r"n � v t°t O 5 c° o= o ep � ' a Ir 0. C z N $ h N a �? ° 9 Cp N U 'Jft U 9 a o C 8 V H cc 5 2 •-� v i 0` aS o g dA 2 ,^cv cc v m m v 8 s CL m E cL 06, e+ N h Oi <V H Oo N fr CI N 1� � of R CV R A -4778- P 3/4 0 c�. • • • 2007-07-1712.,57 95271951> 9524720620 � � 0 � 3 @ @ g . 1! � § ;o 0 � C4 2 o 2 -4779- P #4 w % / § 2 42 Q � � � � ■ $ iE A k cm ° § / LM / ■ . En F. . G 5 I� $ .2 2 2 A § 0 c d M © -0 cc ■ 7 1.2-$/ C4 lo- $_ 2 I _ c s rL 13 0 C, 2 I = M j 1 § 0 / 2 A V $ ■. $ L § s £ _ ■ # & • 2 s £ ■ cn -4779- P #4 w % / § 2 42 Q DRAFT PARKS, OPEN SPACE AND DOCKS ADVISORY COMMISSION MINUTES • July 12, 2007 Members Present: Chair Mike Mason, Vice Chair Jim Funk, Commissioners, Pat Meisel, Teri Turner Absent: Sue Pilling Don Heywood Arrived at 7:34 p.m. Council Member Mike Specht arrived at 7:35 p.m. Chair Mason called meeting to order at 7:33 p.m. Approval of Agenda MOTION by Turner to approve the agenda as written. SECOND by Mason. Motion carried unanimously 2. Approval of April 12, 2007 Minutes MOTION by Meisel to approve the April 12, 2007 minutes as written. SECOND by Funk. Motion carried unanimously. 40 3. Comments and Suggestions from Citizens Present None present 4. Discuss: Public Lands Permit — Village by the Bay Fackler explained the applicant would like to plant trees on public lands by Village by the Bay and add a water spigot to the City's irrigation box. Staff reviewed and recommends approval with the provisions stated by staff in the Public Lands Report. Shirley Romness - 2100 Old School Road addressed the Commission. She stated they have enough donations for seven trees. The trees will be purchased and installed from Art Alstrom. The trees will be well watered and fertilized. Dick Morrision will install the spigot on the west side of the irrigation box and it will have a removable handle. The trees will be planted 12' back from the sidewalk. MOTION by Funk to approve Public Lands permit as recommend by staff. SECOND by Meisel. Motion carries unanimously. U 190TIN 5. Discuss: 2008 Dock and Slip Fees Fackler explained the budget process for 2008. Fees are presented as part of the request for the budget. Fackler explained spreadsheet in packet. Staff is recommending increasing fees for new participants coming off the waiting list in the 2008 Dock Program with no changes to the current participants who renew for 2008. Staff is recommending a $450.00 dock fee for new participants, a $25.00 per foot slip fee for new participants and the new shares into the program be the same fee as a new primary dock holder of $450.00. Staff is also recommending share fees for existing shares be graduated over two years to be the same fee as the current primary pays. The Villas on Lost Lake have their own fee schedule, and staff is working with the Villas to establish an escrow account to cover dock expenses. Discussion followed. MOTION by Turner to support Staff recommendation to increase fees. SECOND by Meisel. Discussion followed. is Turner withdrew motion, Meisel withdrew second. • Discussion followed. MOTION by Meisel to recommend dock fees be increased as recommended by staff for new participants and we phase in current participants fees to be equal to the fees paid by new participants by the year 2012. SECOND by Specht. Friendly amendment by Turner to list the changes recommended by staff that proposed dock fees for new participants coming off the waiting list in 2008 increase to $450.00, slip fees increase to $25.00 per foot, and new shares to be $450.00, the same as new primary participants. SECOND by Specht. MOTION by Funk at 9:32 to extend meeting for 15 minutes. SECOND by Specht. Motion carries unanimously. Discussion followed. Vote on motion. Voting in favor were Meisel, Turner, Specht, Funk, Mason. Heywood abstained. Motion carries. 2 -4781- blymm 6. Discuss: Jennings Cove Dredge Fackler stated we invited residents from Jennings Cove in last spring. 'qW One private homeowner was going to communicate with the other private homeowners and get back to the City to let us know if they were open to participating in the dredge project. To date we have not heard from this individual. Staff measured the channel depth based on the 929.4 ordinary high water for Lake Minnetonka. The channel has enough depth for the boats to navigate to the multiple slips. Staff will come back to the Commission with a recommendation for a maintenance this fall. We will invite the abutting private property owners to the September POSDAC meeting. No motion needed 7. Review: Calendar No comments on the calendar 8. Reports: Council Member Mike Specht stated Spirit of the Lakes festival will be held July 19th through the 21St. The committee is still working on fund raising. Commissioner Mason asked if staff has been able to contact neighboring cities regarding Park Master Planning. Fackler stated we have plans from a few cities. Superintendent Fackler reported he has 11 people working out of the parks building. The department is keeping up with mowing and has had time to work on other projects. When the ramp is completed, his staff will take over the maintenance of the area around the ramp. MOTION by Specht to adjourn meeting SECOND by Meisel. Meeting adjourned at 9:53 pm. 3 -4782- 91 • • June 26, 2007 City of Mound 5341 Maywood Road Mound, MN 55364 Attn: Ms. Kandis Hanson Dear Kandis, My family and I live at 3005 Brighton the Blvd. Cooks near Swenson nson reason for We moved d to Mound voice my concern regarding the area on much. We are very pleased with the almost eight years ago and enjoy the communuty very to continued improvements and beautification projects of Mound. Howevneas and around disappointed with the condition of the homes on the Island; particularly the Swenson Park area. The Parks Building and the former Island Park Town Hall area are -of major conoern. Frankly, the entire area is an eyesore. Further, many of the nearby homes here are poorly maintained. I am troubled with the growing, disproportional number of rentals properties in this vicinity. Recently, I have even heard of a young family on Manchester selling their home because there were too many rental properties in the neighborhood. This is not a good sign... Solutions.....Well, first, I strongly, support the new proposed Parks Building If this is done, the former Island Park Hall and the garage can be demolished and replaced with something beautifying to the area. Secondly, I also believe that we need standards regarding rental properties. I -recently learned that our City Code is lacking guidelines and expectations regarding rental property. This is very much in need and I praise those council members and staff that are working to address this situation. Lastly, as property owners, we all need to help the city enforce existing rules; our community will only improve if each of us takes interest and pride in its betterment. It is my hope that this letter can help support change to the area near and around Swenson Park. Kindest Regards, e g 3005 BRIGHTON BLVD MOUND, MN 55364 -4783- 2008 MOUND COMPREHENSIVE PLAN UPDATE LOOKING AHEAD TO THE YEAR 20301 What do we want Mound to look like in the year 2030? What goals and policies will help guide us toward this vision? The City's Comprehensive Plan is the primary tool for establishing the community's vision for the future, as well as the City's long -term goals, policies and implementation strategies. City of Mound staff and officials are in the process of reviewing and updating the City's Comprehensive Plan, which was last updated in 2000. Mound's Comprehensive Plan serves as the community's official policy plan for guiding future community changes and initiatives that will be demanded by anticipated population growth, physical redevelopment and economic development needs. All cities within the Twin Cities metropolitan area are required by State law to review and update their entire comprehensive plans at least once every ten years, with the next round of updates due to the Metropolitan Council for their review by September 2008. This plan update will look out through the year 2030, whereas, the City's current Comprehensive Plan looks out to the year 2020. The key elements of the Comprehensive Plan are land use, transportation (roads, transit, bikeways, sidewalks), housing, parks and recreation facilities, natural environment, and public infrastructure (water, sewer and stormwater systems). Over the past year, Staff has been working with the Planning Commission and the • Parks /Open Space /Docks Advisory Commission to evaluate each of these community elements in order to identify any needs for modifying and /or adding goals and policies to the Comprehensive Plan. Community members are advised that a public informational meeting will be held by the Mound Planning Commission on Monday, July 30, 2007 at 7:000 PM in the Council Chambers at Mound City Hall, 5341 Maywood Road, Mound, MN to hear residents' input regarding potential updates to the Comprehensive Plan. In addition, a public hearing will be held in conjunction with the formal review and adoption of the final updated plan by the Planning Commission and City Council in the new few months. Based on preliminary evaluations and discussions of the various elements of the Comprehensive Plan thus far, major changes to the current Comprehensive Plan are not anticipated. Some of the changes that are likely to be reflected in the updated Comprehensive Plan are: • Community Vision: Updated vision should identify the community's most highly valued assets, including its unique physical setting, neighborhoods, schools, walkability, plentiful lake access, vibrant downtown and the community's commitment to preserving its natural environment, and the importance of preserving and enhancing them whenever possible. • Z11 M01 a • . Land Uses: The City is interested in providing stronger guidance for future redevelopments in the downtown area to ensure a mixed -use environment, including medium and high density housing, retail, office, entertainment and institutional uses, that is pedestrian- oriented and creates a unique sense of place linked to Mound's beautiful natural environment. In particular, the Pedestrian District and Linear District are guided for this type of redevelopment, which would build upon the downtown redevelopment activities already happening. • Housing: Mound's population growth is projected to grow to approximately 11,400 residents in 2030; which would be approximately 600 additional housing units. Housing growth will occur primarily through redevelopment and in the form of medium and high density housing units, including mixed -use redevelopment in the Pedestrian District and the Linear District. Parks, Open Space and Recreation: The City of Mound has established a diverse park system that provides a multitude of recreational opportunities for all residents. The strategies being considered for inclusion in the future park, open space and recreation system are intended to enhance the existing system so that the community is in a position to the meet the needs of its residents through the year 2030. • Natural Environment: As Mound experiences redevelopment, the City would like to consider and incorporate the use of innovative stormwater management . techniques and other natural resource and /or environmental practices into development projects, when possible, in order to preserve and enhance Mound's unique and sensitive natural environment. • • Transportation: As the City's street system ages and requires reconstruction, the Comprehensive Plan would provide design guidance for street reconstruction to ensure that the system is multi - functional, supporting the City's land use plan, redevelopment, and multiple modes of transportation, including vehicular, transit, bicycle and pedestrian. Mound's updated Comprehensive Plan is intended to serve as a "big picture" policy tool to help guide the City's priorities, actions and investments over the next 10 -20 years. Questions regarding the comprehensive plan update may be directed to Community Development Director Sarah Smith at 952.472.0604. Email: www.sarahsmith(a),citvofmound.com. -4785- Three Rivers Park District Board of Commissioners Sara Wyatt District 1 ThreeRivers PARK DISTRICT June 28, 2007 Ms. Kandis Hanson City Manager City of Mound 5341 Maywood Rd Mound, MN 55364 Dear Ms. Hanson: As I believe you know, Three Rivers Park District is charged with the Marilynn Corcoran District z P development and operation of regional parks, trails and recreation facilities throughout suburban Hennepin County and the surrounding area. These facilities are not intended to duplicate the facilities that cities provide to their residents, but rather to provide open space and Mark Haggerty regionally significant amenities for residents from the entire metro District 3 area to enjoy. Three Rivers has begun the process of developing its operating budget Dale Woodbeck for 2008. The Board of Commissioners would like to consider input from local communities as we work on plans for park and trail District operations, natural resources management, programs and events, public safety, and other aspects of operating Park District facilities. Rosemary Franzese If your community would like to provide input into Three Rivers Park District 5 District's proposed 2008 operating budget, please feel free to contact me at (763) 559 -6734 or hkoolick (a)ThreeRiversParkDistrict org. The Board of Commissioners will review your response as part of their budget deliberations in early August. Larry Blackstad, Chair Appointed Sincerely, /A' latil�'l Joan Peters, Vice Chair Appointed Howard Koolick Chief Financial Officer Cris Gears Superintendent Administrative Center, 3000 Xenium Lane North, Plymouth, MN 55441 -1299 Information 763.559.9000 • TTIY_4'786_719 • Fax 763.559.3287 • www,ThreeRiversParkDistrict.org • is D RAFT -1 �00ctk PARKS, OPEN SPACE AND DOCKS ADVISORY COMMISSION MINUTES July 12, 2007 Members Present: Chair Mike Mason, Vice Chair Jim Funk, Commissioners, Pat Meisel, Teri Turner Absent: Sue Pilling Don Heywood Arrived at 7:34 p.m. Council Member Mike Specht arrived at 7:35 p.m. Chair Mason called meeting to order at 7:33 p.m. Approval of Agenda MOTION by Turner to approve the agenda as written. SECOND by Mason. Motion carried unanimously 2. Approval of April 12, 2007 Minutes MOTION by Meisel to approve the April 12, 2007 minutes as written. SECOND by Funk. Motion carried unanimously. 3. Comments and Suggestions from Citizens Present None present 4. Discuss: Pu 1. c Lands Permit — Village by the Bay Fackler explained the applicant would like to plant trees on public lands by Village by the Bay and add a water spigot to the City's irrigation box. Staff reviewed and recommends approval with the provisions stated by staff in the Public Lands Report. Shirley Romness - 2100 Old School Road addressed the Commission. She stated they have enough donations for seven trees. The trees will be 6 -8 foot Black Hills Spruce to be purchased and installed from Art Alstrom. The trees will be well watered and fertilized. Dick Morrision will install the spigot on the west side of the irrigation box and it will have a removable handle. The trees will be planted 12' back from the sidewalk. MOTION by Funk to approve Public Lands permit as recommend by staff. SECOND by Meisel. Motion carries unanimously. DRAFT 5. Discuss: 2008 Dock and Slip Fees Fackler explained the budget process for 2008- Fees are presented as part of the request for the budget. Fackler explained spreadsheet in packet. Staff is recommending increasing fees for new participants coming off the waiting list in the 2008 Dock Program with no changes to the current participants who renew for 2008. Staff is recommending a $450.00 dock fee for new participants, a $25.00 per foot slip fee for new participants and the new shares into the program be the same fee as a new primary dock holder of $450.00. Staff is also recommending share fees for existing shares be graduated over two years to be the same fee as the current primary pays. The Villas on Lost Lake have their own fee schedule, and staff is working with the Villas to establish an escrow account to cover dock expenses. Discussion followed. MOTION by Turner to support Staff recommendation to increase fees. SECOND by Meisel. Discussion followed. Turner withdrew motion, Meisel withdrew second. Discussion followed. MOTION by Meisel to recommend dock fees be increased as recommended by staff for new participants and we phase in current participants fees to be equal to the fees paid by new participants by the year 2012. SECOND by Specht. Friendly amendment by Turner to list the changes recommended by staff that proposed dock fees for new participants coming off the waiting list in 2008 increase to $450.00, slip fees increase to $25.00 per foot, and new shares to be $450.00, the same as new primary participants. SECOND by Specht. MOTION by Funk at 9:32 to extend meeting for 15 minutes. SECOND by Specht. Motion carries unanimously. Discussion followed. Vote on motion. Voting in favor were Meisel, Turner, Specht, Funk, Mason. Heywood abstained. Motion carries. 2 DRAFT 6. Discuss: Jennings Cove Dredge Fackler stated we invited residents from Jennings Cove in last spring. One private homeowner was going to communicate with the other private homeowners and get back to the City to let us know if they were open to participating in the dredge project. To date we have not heard from this individual. Staff measured the channel depth based on the 929.4 ordinary high water for Lake Minnetonka. The channel has enough depth for the boats to navigate to the multiple slips. Staff will come back to the Commission with a recommendation for a maintenance this fall. We will invite the abutting private property owners to the September POSDAC meeting. No motion needed 7. Review: Calendar No comments on the calendar 8. Reports: Council Member Mike Specht stated Spirit of the Lakes festival will be held July 19th through the 21St. The committee is still working on fund raising. Commissioner Mason asked if staff has been able to contact neighboring cities regarding Park Master Planning. Fackler stated we have plans from a few cities. Superintendent Fackler reported he has 11 people working out of the parks building. The department is keeping up with mowing and has had time to work on other projects. When the ramp is completed, his staff will take over the maintenance of the area around the ramp. MOTION by Specht to adjourn meeting SECOND by Meisel. Meeting adjourned at 9:53 pm. 3