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2010-04-27• PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA 6� MOUND CITY COUNCIL TUESDAY, APRIL 27, 2010 - 7:30 PM REGULAR MEETING MOUND CITY COUNCIL CHAMBERS *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. Open meeting 2. Pledge of Allegiance 3 0 5 4 Approve agenda, with any amendments *Consent A eg nda *A. Approve minutes of April 13, 2010 regular meeting 650 -654 *B. Approve payment of claims 655 -677 *C. Approve Resolution Approving a Variance for the Property at 678 -713 2270 Langdon Lane *D. Approve Resolution Approving a Variance for the Property at 714 -717 4309 Wilshire Blvd. *E. Approve Resolution Denying a Variance for the Property at 718 -719 4309 Wilshire Blvd. *F. Approve Resolution to Approve Public Lands Permit for 4921 Island 720 -734 View Drive *G. Approve Resolution Authorizing Execution of Energy Efficiency 735 -745 Conservation Block Grant Agreement Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) Finance Director, Catherine Pausche, to present 2009 preliminary financial Results and to request input on the 2011 General Fund Budget and Levy 746 -756 • 7. Discussion/Action regarding MCWD Rule D (Wetland Protection) revision 757 -782 date March 15, 2010 and authorizing formal comments and correspondence from City of Mound for Rule F PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 8. Miscellaneous /Information • A. Comments /reports from Councilmembers /City Manager B. Reports: None C. Informational: None D. Correspondence: Letter of Resignation from Greg Skinner 9. Adjourn • 783 This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting • agendas may be viewed at City Hall or at the City of Mound web site: www.cityofmound.com. COUNCIL BRIEFING April 27, 2010 •[upcoming Events Schedule: Don't Forget!! Apr 26 — 6:30 — CC special meeting — CBD Parking Program Apr 27 — 7:25 — HRA regular meeting Apr 27 — 7:30 — CC regular meeting May 1 — Seasonal Hours begin May 15:00 — Thom Flug talent show benefit May 5 — 4:00 -7:00 — Hennepin County Open Book — attendance not required (corrected date) May 8 — 8:00 -3:00 — Recycling Day at Minnetrista May 11 — 6:30 — HRA regular meeting May 11— 7:30 — CC regular meeting May 13 — Watershed Board Meeting (more info to follow) May 15 — Oct 30 (Saturday's) 8 -12:00 — Farmers' Market & More at Mound Transit Center May 15 — Trista Day and New Facilities Open House May 25 — 6:30 — HRA regular meeting May 25 — 7:30 — CC regular meeting June 7 —12:00 — DARE Golf Open July 15 -17 — Spirit of the Lakes Festival — Mound Bay Park Aug 10 — Primary Elections Aug 11 — Rescheduled HRA and CC meetings from Aug 10 Sept 14 — Approve Preliminary Budget Oct 9 — 8:00 -12:00 — Recycling Day at Minnetrista Oct 31 — Seasonal Hours end Nov 7 — Daylight Saving Time ends Nov 18 — 6:00 — Tree Lighting Ceremony Dec 14 — Approve Final Budget Music in the Park — 7:00 p.m. June 17 June 24 July 8 July 15 — Spirit of the Lakes Festival kickoff July 22 July 29 City Hall Closings May 31 Memorial Day July 5 Independence Day observed Sept 6 Labor Day City Official's Absences May 5 -7 Kandis Hanson Sept 16 -Oct 3 Kandis Hanson Dec 18 -Jan2 Kandis Hanson City Manager's Conf Vacation Vacation • MOUND CITY COUNCIL MINUTES APRIL 13, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 13, 2010, at 7:30 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi Gesch, and Greg Skinner. Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Rita Trapp, Public Works Director Carlton Moore, Rick Jostrom, Robert Howell, Jim Jasper, Steve Hewitt, Sue & Mark Jensen, Petra Schwartle, Dan Nepp, Jack Kimball, Kurt Ostrowski, Grace Hewitt, Gretchen Hewitt Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it 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 Alleaiance • 3. Approve agenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of Items D,E, and G. Skinner requested the removal of Items B and K. MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes of March 23, 2010 B. (removed) C. RESOLUTION NO. 10 -17: RESOLUTION OF MSA STREET REVOCATION D. (removed) E. (removed) F. RESOLUTION NO. 10 -18: RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE AMERICAN LEGION POST 398 G. (removed) H. Approve final payment to Walker Parking Consultants in the amount of $80,270.00 for Transit Center and Deck I. RESOLUTION NO. 10 -19: RESOLUTION OF SPONSORSHIP AS RELATED TO THE SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION J. Approve appointment of Robert Brose to the Parks and Open Space Commission as • recommended K. (removed) -650- Mound City Council Meeting — April 13, 2010 • 4B. Approve payment of claims Skinner asked that this be removed from the consent agenda because of a payment he has in this batch of claims. MOTION by Osmek, seconded by Gesch to approve payment of claims in the amount of $518,215.15. Upon roll call vote, the following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: None. Skinner abstained. 4D. 2010 Seal Coat and Crack Sealing Project Hanus stated the information in the packet says that the funds are available for this project, and asked where the funds are coming from. Moore stated that there is state aid money and money from the seal coat fund. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -20: RESOLUTION AUTHORIZING THE 2010 SEAL COAT AND CRACK SEALING PROJECT AND DIRECT STAFF TO RECEIVE QUOTES FOR THE PROJECT 4E. Approve Resolution Ordering Preparation of report on Lift Station Replacement Program for 2010 Hanus asked if we have an estimate on cost available and Moore stated that it depends on how • many lift stations are done. If we do four, the project will probably be about $1 million. Hanus asked if bonding is the source of funding and Moore stated that it could be paid for by bonding, with support from the utility fund. Salazar asked what the cost of the report would be and Moore answered that it would be $5,000 - $7,000, and the information contained would still apply a year from now if the Council decides not to go ahead with the project. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -21: RESOLUTION ORDERING PREPARATION OF REPORT ON LIFT STATION REPLACEMENT PROGRAM FOR 2010 4G. Approve expenditure to install dock bumpers on Villa docks Jim Fackler brought forward a recommendation from the Docks and Commons Commission to install dock bumpers on the Villa docks at a cost of $2,996.00, and to be reimbursed for this cost by spreading this amount among the Villa dock holders in 2011. MOTION by Osmek, seconded by Gesch to accept the bid of $2,996.00 for docks bumpers for the Villa docks. All voted in favor. Motion carried. Osmek stated that the Villa dock holders are already paying a hefty fee for use of those docks and that payment for the bumpers should come from the docks fund, not assessed to the owners. We wouldn't charge people on multiples for something like this, and if needed these bumpers should have been part of the initial construction. • -651- • Mound City Council Meeting —April 13, 2010 MOTION by Osmek, seconded by Gesch to have the $2,996.00 for the dock bumpers come from the docks fund balance. The following voted in favor: Osmek, Hanus, Gesch and Skinner. The following voted against: Salazar. Motion carried. 5. Comments and sunnestions from citizens present on any item not on the agenda. None were offered. 6. Swearina in of Robert Brose to the Parks and Open Space Commission Kandis Hanson swore Robert Brose in as a new member of the Parks and Open Space Commission. 7. Planning Commission Recommendations A. Review of reauest to consider release /sale of city -owned parcels at 3010/3026 Brighton Boulevard Sarah Smith explained that the Planning Commission and city staff recommend to the Council that the subject parcels not be considered for possible release /sale until such time as the future reconstruction of Brighton Boulevards is completed. The request to release these parcels is coming from Rich Jostrom, owner of the property at 3018 Brighton, and Smith stated that other abutting property owners may also have an interest in these parcels. Osmek stated that he agrees that it is possible that the corner lot at 3010 may be needed for • future construction, but not 3026. Discussion followed regarding the possible reconfiguration of Brighton in that area and the affect it would have on these lots. Skinner feels that it is premature to release these lots because it is not known what will be needed for improvement of this MSA street. Rich Jostrom stated that he still has an interest in the corner lot, but his main goal is to obtain the 3026 lot, which he has been maintaining for the last 22 years. MOTION by Osmek, seconded by Gesch to direct staff to begin release procedures for the lot at 3026 Brighton Blvd, and consideration will only be given to release this lot to adjacent property owners and they must attach the parcel to their existing parcel. Jim Jasper, 3018 Churchill, stated he abuts the rear of the lot and is concerned over it becoming a storage lot because Jostrom already stores things there. Hanus stated that there are restrictions on exterior storage that will have to be adhered to. Upon vote taken on the above motion, the following voted in favor: Osmek, Salazar and Gesch. The following voted against: Hanus and Skinner. Motion carried. Smith will come back to the Council with a punch list of steps needed to proceed with the release /sale of 3026 Brighton Blvd. B. Discussion /Action on PC Case No 10 -01: Variances for reconstruction of single- family house at 4309 Wilshire Blvd. Applicant: Tea2 Architects - Owners: Mark Jensen /Susan Pennington • Rita Trapp reviewed the request for two setback variances to allow for the removal and replacement of the existing home at 4309 Wilshire Blvd. One variance request is to allow the -652- Mound City Council Meeting —April 13, 2010 • home to continue to be within the 50 foot setback of Lake Minnetonka's ordinary high water level of 929.4 feet. The second variance is to allow the eaves to encroach into the front and side setback areas. The Planning Commission and staff recommend approval of the OHWL variance and denial for the eave variance. The applicant is requesting an additional 1.5 feet on the south side and 2 feet on the west. The concern of the Planning Commission is stormwater management. MOTION by Osmek, seconded by Salazar directing staff to draft a resolution of approval to allow the home to continue to be within the 50 foot setback of Lake Minnetonka's ordinary high water mark of 929.4 feet. All voted in favor. Motion carried. MOTION by Skinner to direct staff to prepare a resolution denying the variance request for the eaves. This motion died for lack of a second. Dan Nepp and Petra Schwartle, architects for the project, addressed the Council with the argument that denial will result in them having to redesign as it will affect the staircase, as well as a bedroom and bathroom on the second floor. Hanus stated that there are things that can be done with design to bring the eaves into compliance. Discussion continued on design options for the roof and eaves that would comply with city code, and Osmek made a point of order that the Council is not to get into the design of the project, but if there is a practical hardship that warrants a variance. • MOTION by Osmek, seconded by Salazar directing staff to draft a resolution of denial to allow eaves to encroach into the front (west) and side (south) setback areas. All voted in favor. Motion carried. 8. Dick Osgood of Lake Minnetonka Association with Phelps Bay milfoil treatment progress report and funding request Dick Osgood presented a progress report on the milfoil treatment, stating that the program was initiated in 2008 and is about to provide the third annual treatment for Eurasian watermilfoil control, curlyleaf pondweed control and native plant protection to Phelps Bay. The report included a budget review from 2008 to 2010. Hanus wants to assure that Mound is not subsidizing other cities. An email he received shows that Mound has 30% of the shoreline, Minnetrista has 30% and Shorewood has 40 %, yet Mound's dollar contribution is more than the other two combined. Osgood stated that one difference is that Mound is all public ownership and the other cities include private ownership as well. Hanus requested an accounting by city that shows amount of shoreline compared to money donated. It was noted that the City of Mound has budgeted $10,000 for treatment in 2010, and the Lake Minnetonka Association is requesting $6,000 to $8,000 for 2011. This will be discussed during the 2011 budget cycle. No action taken at this time. • -653- • Mound City Council Meeting —April 13, 2010 9. Discussion /action regarding proposed MCWD Rule F revision and authorizing formal comment from the City of Mound Sarah Smith stated that the MCWD released a revised set of proposed new Rule F (shoreline and streamline stabilization) and Rule D (wetland protection) dated March 15, 2010 at a meeting held on March 17, 2010 which are currently out for public comment until April 12, 2010. Staff has submitted a written request to the MCWD requesting that comments from the City of Mound will be allowed to be submitted by April 30, 2010 so as to provide adequate time for staff research and Council discussion related to the proposed new rules. Also included in the council information was a strike -out version of the proposed rule revisions as recommended by the City of Mound. It was the consensus of the Council that Smith is proceeding in the right direction and to continue, and it was noted that the public comment period is still open if residents of Mound wish to express their opinions. The public hearing will be held sometime in June. 10. Set special workshop to discuss the future of the CBD Parking Program MOTION by Osmek, seconded by Salazar to set a special workshop on Tuesday, April 26, 2010 at 6:30 p.m. to discuss the future of the CBD Parking Program. All voted in favor. Motion carried. 11. Approve minutes • MOTION by Osmek, seconded by Salazar to approve the minutes of March 16, 2010 as amended. All voted in favor. Motion carried. MOTION by Osmek, seconded by Salazar to approve the minutes of March 17, 2010. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: none. Skinner abstained from voting because he was not at that meeting. Motion carried. 12. Miscellaneous /information A. Comments /reports from Councilmembers /City Manager B. Reports: Finance Dept. — March 2010 Harbor Wine & Spirits — March 2010 — Osmek commented that there is a $13,591 increase in sales over the same period in 2009. C. Informational: FY 2011 Federal Appropriation Forms submitted to Sen. Franken 3/5/10 Western Area Fire Training Academy D. Correspondence: Letter from Sojourn Suites LLC providing notification of intent to operate at 5724 Lynwood Blvd. 13. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 10:05 p.m. All voted in favor. Motion carried. • Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus -654- APRIL 27, 2010 CITY COUNCIL MEETING 1 041410SUE $921137.21 APR I 1 041610SUE $450.00 APR I 041910SUE $541.17 APR 1 042110SUE $21764.12 APR I 042710SUE $200,235.17 APR • n u TOTAL $2969127.67 • II&M • CITY OF MOUND 04/22/10 9:03 AM Page 1 *Check Detail Register© CITY OF MOUND April 2010 Check Amt Invoice Comment 10100 Wells Fargo Paid Chk# 034731 4/14/2010 ANDING, DERAK E 222 - 42260 -434 Conference & Training $389.91 041710 03 -05 -10 ART OF READING SMOKE $268.40 Total ANDING, DERAK $389.91 Paid Chk# 034737 4/14/2010 MINNESOTA, UNIVERSITY OF 2010 MEMBERSHIP DUES RAHN Paid Chk# 034732 4/14/2010 BECK, KENNETH $205.00 1155184 05 -12 -10 APWA CONFERENCE, MOORE E 101 - 42110 -434 Conference & Training $37.50 041410 03 -29 -10 TRAINING $410.00 Total BECK, KENNETH $37.50 Paid Chk# 034738 4/14/2010 MOUND CRIME PREVENTION Paid Chk# 034733 4/14/2010 FOSTER, BEN $1,000.00 041410 TRANFER FROM 4MP MM E 222 - 42260 -434 Conference & Training $164.97 041410 03 -06 -10 FRONTLINE TACTICS Total RICE, JASON Total FOSTER, BEN $164.97 E 222 - 42260 -434 Conference & Training $1.72 Paid Chk# 034734 4/14/2010 KRAMER, KRISTOPHER Total MYERS, TONY $1.72 Paid Chk# 034742 G 101 -23150 New Construction Escrow $5,000.00 041410 4942 EDGEWATER DRIVE #2009 -00394 E10143100-212 Total KRAMER, KRISTOPHER $5,000.00 041410 THRU 03 -25 -10 GASOLINE CHARGES Paid Chk# 034735 4/14/2010 LOCKRIDGE GRINDAL NAUEN, P.L.L • E 475 -46386 -300 Professional Srvs $1,500.00 041410 02 -10 FEDERAL LOBBY Total LOCKRIDGE GRINDAL NAUEN, P.L.L $1,500.00 Paid Chk# 034736 4/14/2010 MAAS, JASON E 222 - 42260 -434 Conference & Training $268.40 041410 03 -05 -10 LEADSHIP III Total MAAS, JASON $268.40 Dues and Subscriptions $30.00 Paid Chk# 034737 4/14/2010 MINNESOTA, UNIVERSITY OF 2010 MEMBERSHIP DUES RAHN E 601 - 49400 -434 Conference & Training $205.00 1155184 05 -12 -10 APWA CONFERENCE, MOORE E 601 - 49400 -434 Conference & Training $205.00 1155185 05 -12 -10 APWA CONFERENCE, HANSON, R. Total MINNESOTA, UNIVERSITY OF $410.00 Paid Chk# 034741 Paid Chk# 034738 4/14/2010 MOUND CRIME PREVENTION G 101 -22801 Deposits /Escrow $1,000.00 041410 TRANFER FROM 4MP MM Total MOUND CRIME PREVENTION $1,000.00 03 -05 -10 ART OF READING SMOKE Paid Chk# 034739 4/14/2010 MYERS, TONY Total RICE, JASON $290.46 E 222 - 42260 -434 Conference & Training $1.72 041410 03 -24 -10 MN IAAI CONFERENCE Total MYERS, TONY $1.72 Paid Chk# 034742 4/14/2010 SPEEDWAY SUPERAMERICA (P/W) -656- Paid Chk# 034740 4/14/2010 PROFESSIONAL LAW ENFORCEMENT A E 101 - 42110 -433 Dues and Subscriptions $30.00 041410 2010 MEMBERSHIP DUES RAHN E 101 - 42110 -433 Dues and Subscriptions $30.00 041410 2010 MEMBERSHIP DUES HAWKS al PROFESSIONAL LAW ENFORCEMENT A $60.00 Paid Chk# 034741 4/14/2010 RICE, JASON E 222 - 42260 -434 Conference & Training $290.46 041410 03 -05 -10 ART OF READING SMOKE Total RICE, JASON $290.46 • Paid Chk# 034742 4/14/2010 SPEEDWAY SUPERAMERICA (P/W) E10143100-212 Motor Fuels $1,097.44 041410 THRU 03 -25 -10 GASOLINE CHARGES -656- CITY OF MOUND 04/22/10 9:03 A Page *Check Detail Register© CITY OF MOUND April 2010 Check Amt Invoice Comment E 602 -49450 -212 Motor Fuels $558.96 041410 THRU 03 -25 -10 GASOLINE CHARGES E 601 -49400 -212 Motor Fuels $1,067.85 041410 THRU 03 -25 -10 GASOLINE CHARGES Total SPEEDWAY SUPERAMERICA (P/W) $2,724.25 Paid Chk# 034743 4/14/2010 WALKER PARKING CONSULTANTS E 675 -49425 -300 Professional Srvs $31,655.00 041410 FINAL TRANSIT CENTER DECK E 450 - 46388 -300 Professional Srvs $48,615.00 041410 FINAL TRANSIT CENTER DECK Total WALKER PARKING CONSULTANTS $80,270.00 Paid Chk# 034744 4/14/2010 WAYZATA, CITY OF E 101 -42110 -404 Machinery/Equip Repairs /Maint $20.00 041410 #843 SQUAD REGISTERATION Total WAYZATA, CITY OF $20.00 10100 Wells Fargo $92,137.21 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 450 Parking Deck 1 475 TIF 1 -3 Mound Harbor Renaissan 601 WATER FUND 602 SEWER FUND 675 STORM WATER UTILITY FUND 10100 Wells Fargo $7,214.94 $1,115.46 $48,615.00 $1,500.00 $1,477.85 $558.96 $31,655.00 $92,137.21 -657- • • • CITY OF MOUND • • CITY OF MOUND *Check Detail Register© April 2010 Check Amt Invoice Comment 10100 Wells Fargo Paid Chk# 034745 4/16/2010 MAAS, JASON E 222 - 42260 -434 Conference & Training $450.00 041610 04 -19 -10 FIRE INVESTIGATION Total MAAS, JASON $450.00 Fund Summary 222 AREA FIRE SERVICES 10100 Wells Fargo $450.00 10100 Wells Fargo $450.00 $450.00 -658- 04/22/10 9:03 AM Page 1 CITY OF MOUND 04/22/10 9:03 A� Page *Check Detail Register© CITY OF MOUND April 2010 Fund Summary Check Amt Invoice Comment 10100 Wells Fargo $202.61 601 WATER FUND $169.28 602 SEWER FUND Paid Chk# 034746 4/19/2010 ERVIN, DEREK R. E 101 -45200 -218 Clothing and Uniforms $150.00 042110 2010 BOOT ALLOWANCE Total ERVIN, DEREK R. $150.00 Paid Chk# 034747 4/19/2010 MOUND POST OFFICE E 602 -49450 -322 Postage $142.66 041910 04 -10 UTILITY BILLING E 601 -49400 -322 Postage $142.66 041910 04 -10 UTILITY BILLING Total MOUND POST OFFICE $285.32 Paid Chk# 034748 4/19/2010 O- REILLY AUTO PARTS E 101 - 43100 -404 Machinery/Equip Repairs/Maint $27.09 3251 - 146725- ETHANOL E 101 - 43100 -404 Machinery/Equip Repairs /Maint $25.52 3251 - 158285 BRAKE CLEANER Total O- REILLY AUTO PARTS $52.61 Paid Chk# 034749 4/19/2010 WEBER, VICKI E 602- 49450 -434 Conference & Training $26.62 041910 04 -07 -10 GOPHER LOCATE TRAINING E 601 - 49400 -434 Conference & Training $26.62 041910 04 -07 -10 GOPHER LOCATE TRAINING Total WEBER, VICKI $53.24 • 10100 Wells Fargo $541.17 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $202.61 601 WATER FUND $169.28 602 SEWER FUND $169.28 $541.17 -659- • CITY OF MOUND 04/22/10 8:30 AM Page 1 *Check Detail Register© CITY OF MOUND April 2010 • -660- Check Amt Invoice Comment 10100 Wells Fargo Paid Chk# 034750 4/21/2010 BERENT, BRIAN E 222 - 42260 -434 Conference & Training $80.37 042110 03 -26 -10 BRAINARD FIRE SCHOOL Total BERENT, BRIAN $80.37 Paid Chk# 034751 4/21/2010 DUSSAUT, ALEJANDRO C. R 281 -45210 -34705 LMCD Fees $15.00 042110 TW 01112 WATERBANK R 28145210 -34725 Dock Permits $150.00 042110 TW 01112 WATERBANK Total DUSSAUT, ALEJANDRO C. $165.00 Paid Chk# 034752 4/21/2010 MINNESOTA DEPT OF HEALTH E 601 - 49400438 Licenses and Taxes $23.00 042110 CLASS D WATER LICENSE, KIVISTO E 60149400 -438 Licenses and Taxes $23.00 042110 CLASS D WATER LICENSE, BERENT Total MINNESOTA DEPT OF HEALTH $46.00 Paid Chk# 034753 4/21/2010 OBERSHAW, MICHAEL R 601 49400 -36200 Miscellaneous Revenues $189.35 042110 6239 SUGAR MILL LANE REFUND Total OBERSHAW, MICHAEL $189.35 • Paid Chk# 034754 4/21/2010 SPEEDWAY SUPERAMERICA (POLICE) E10142110-212 Motor Fuels $2,155.71 042110 THRU 03 -26 -10 GASOLINE CHARGES 3tal SPEEDWAY SUPERAMERICA (POLICE) $2,155.71 Paid Chk# 034755 4/21/2010 TCF BANK R 60149400 -36200 Miscellaneous Revenues $61.37 042110 4570 DORCHESTER ROAD REFUND Total TCF BANK $61.37 Paid Chk# 034756 4/21/2010 T- MOBILE CELL PHONE G 101 -22816 Personal Cell Phone $21.30 042110 03 -03 -10 THRU 04 -02 -10 CELL PHONE USE, HOFF, KATIE E 281 -45210 -321 Telephone & Cells $45.02 042110 03 -03 -10 THRU 04 -02 -10 CELL PHONE USE Total T- MOBILE CELL PHONE $66.32 10100 Wells Fargo $2,764.12 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $2,177.01 222 AREA FIRE SERVICES $80.37 281 COMMONS DOCKS FUND $210.02 601 WATER FUND $296.72 $2,764.12 • -660- � � ', CITY OF MOUND Batch Name 042710SUE Payments CITY OF MOUND Payments Current Period: April 2010 User Dollar Amt $200,235.17 Computer Dollar Amt $200,235.17 $0.00 In Balance Refer 42710 AAA NURSERY AND LANDSCAPIN Cash Payment E 101 -45200 -232 Landscape Material 12 YD LOADS BLACK DIRT Invoice 04270 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Total Refer 42710 ABDO E/CKAND MEYERS, LLP Cash Payment E 101 -41500 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Cash Payment E 222 -42260 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Cash Payment E 281 -45210 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Cash Payment E 401 -46540 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Cash Payment E 601 -49400 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Cash Payment E 602 -49450 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Cash Payment E 609 -49750 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Cash Payment E 670 -49500 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Cash Payment E 675 -49425 -301 Auditing and Acct'g Servi 12 -31 -09 THRU 04 -09 -10 AUDIT SERVICES Invoice 263166 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Total $10,000.00 04/22/10 8:58 AM Page 1 $383.40 $383.40 $2,631.40 $1,360.16 $481.64 $583.13 $1,220.66 $1,220.66 $1,858.19 $295.40 $348.76 Refer 42710 ACTION FLEET, INCORPORATED Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs GUN RACK ROLL BAR MOUNT $307.75 Invoice 7307 4/27/2010 PO 21978 Transaction Date 4/19/2010 Wells Fargo 10100 Total $307.75 Refer 42710 AMUNDSON, M. LLP Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $792.63 Invoice 83572 4/27/2010 Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $508.75 Invoice 83238 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total $1,301.38 Refer 42710 APPLIED CONCEPTS, INC. _ Cash Payment E 101 -42110 -500 Capital Outlay FA #845 RADAR $1,871.00 Invoice 187276 4/27/2010 PO 22641 Transaction Date 4/13/2010 Wells Fargo 10100 Total $1,871.00 Refer 42710 AQUA ENGINEERING, INCORPORA Cash Payment E 401 -43109 -500 Capital Outlay FA 3129 ISLAND VIEW DRIVE PIPE FITTING $116.24 Invoice 35677 4/27/2010 Project PWO902 Transaction Date 4/19/2010 Wells Fargo 10100 Total $116.24 Refer 42710 ARCTIC GLACIER PREMIUM ICE fMSe • • • CITY OF MOUND • ', Payments CITY OF MOUND Current Period: April 2010 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE Invoice 462009910 4/27/2010 Transaction Date 4/19/2010 Wells Fargo Refer 42710 AYAZ, JORJ 10100 Total Cash Payment E 401 - 43109 -500 Capital Outlay FA REPAIRS 4844 ISLANDVIEW DRIVE GARAGE Invoice 042710 4/27/2010 Project PWO902 Transaction Date 4/12/2010 Wells Fargo 10100 Total Refer 42710 BELLBOY CORPORATION Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 52904700 -A 4/27/2010 02 -06 -10 THRU 03 -19 -10 PROJECT DESIGN Cash Payment E 609 -49750 -265 Freight 04 -14 -10 DELIVERY CHARGE Invoice 52904700 -B 4/27/2010 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, COST Cash Payment E 609- 49750 -253 Wine For Resale CREDIT —WINE Invoice 52906700 4/27/2010 Cash Payment E 609 -49750 -210 Operating Supplies PAPER TOWELS, BAGS Invoice 83496500 -A 4/27/2010 ANALYSIS CIP Cash Payment E 609 -49750 -254 Soft Drinks/Mix For Resa MIX Invoice 83496500 -B 4/27/2010 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, COST Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE •Invoice 83496500 -C 4/27/2010 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, COST Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 52791200 -A 4/27/2010 Cash Payment E 609 -49750 -265 Freight 04 -02 -10 DELIVERY CHARGE Invoice 52791200 -B 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 52837400 -A 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 52837400 -B 4/27/2010 Cash Payment E 609 - 49750 -265 Freight 04 -07 -10 DELIVERY CHARGE Invoice 52837400 -C 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 52879100 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Total Refer 42710 BOLTON AND MENK, INCORPORA _ Cash Payment E 401 -43108 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 PROJECT DESIGN Invoice 131672 -A 4/27/2010 Project PW0801 Cash Payment E 101 -43100 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, COST ANALYSIS CIP Invoice 131672 -B 4/27/2010 Cash Payment E 601 -49400 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, COST ANALYSIS CIP Invoice 131672 -C 4/27/2010 Cash Payment E 602 -49450 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, COST ANALYSIS CIP Invoice 131672 -D 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, COST ANALYSIS CIP Invoice 131672 -E 4/27/2010 -662- 04/22/10 8:58 AM Page 2 $58.32 $58.32 $5,930.00 $5,930.00 $80.00 $2.55 -$8.00 $91.55 $28.60 $36.00 $104.00 $2.55 $89.00 $170.00 $7.65 $3,015.20 $3,619.10 $213.00 $2,043.25 $2,043.25 $2,043.25 $2,043.25 CITY OF MOUND 04/22/10 8:58 AM ', Payments Page 3 • CITY OF MOUND Current Period: April 2010 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 02 -06 -10 THRU 03 -19 -10 2009 LIFT STATION $132.00 RECONSTRUCTION Invoice 131672 -F 4/27/2010 Project PWO904 Cash Payment E 675 - 49425 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 2007 STORM $176.00 SEWER IMPROVEMENTS Invoice 131672 -G 4/27/2010 Project PW0704 Cash Payment E 101 - 43100 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 CAPITAL $13.75 IMPROVEMENT PLAN Invoice 131672 -H 4/27/2010 Cash Payment E 601 -49400 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 CAPITAL $13.75 IMPROVEMENT PLAN Invoice 131672 -1 4/27/2010 Cash Payment E 602 -49450 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 CAPITAL $13.75 IMPROVEMENT PLAN Invoice 131672 -J 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 CAPITAL $13.75 IMPROVEMENT PLAN Invoice 131672 -K 4/27/2010 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 02 -06 -10 THRU 03 -19 -10 2008 LIFT STATION $55.00 RECONSTRUCTION Invoice 131672 -L 4/27/2010 Project PW0804 Cash Payment E 101 -43100 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, CIP $325.00 COST ESTIMATES • Invoice 131672 -M 4/27/2010 Cash Payment E 601 -49400 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, CIP $325.00 COST ESTIMATES Invoice 131672 -N 4/27/2010 Cash Payment E 602 -49450 -300 Professional Srvs 02 -06-10 THRU 03 -19 -10 DRAFT CIP, CIP $325.00 COST ESTIMATES Invoice 131672 -0 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 DRAFT CIP, CIP $325.00 COSTS ESTIMATES Invoice 131672 -P 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 WCA $567.00 ADMINISRATION Invoice 131675 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 SURFACE $284.00 WATERISTORM WATER MANAGEMENT Invoice 131676 4/27/2010 Cash Payment E 101 -43100 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 UPDATE STREET $590.63 AND UTILITY MAPS Invoice 131677 -A 4/27/2010 Cash Payment E 601 -49400 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 UPDATE STREET $590.63 AND UTILITY MAPS Invoice 131677 -B 4/27/2010 Cash Payment E 602 -49450 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 UPDATE STREET $590.62 AND UTILITY MAPS Invoice 131677 -C 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs 02 -06 -10 THRU 03 -19 -10 UPDATE STREET $590.62 AND UTILITY MAPS Invoice 131677 -D 4/27/2010 Cash Payment G 101 -23225 2270 Langdon Lane Variance 02 -06 -10 THRU 03 -19 -10 LANGDON LANE $71.00 VARIANCE Invoice 131678 -A 4/27/2010 -663- CITY OF MOUND • '` Payments CITY OF MOUND Current Period: April 2010 Cash Payment G 101 -23223 4309 Wilshire Blvd #10 -01 P 02 -06 -10 THRU 03 -19 -10 WILSHIRE BLVD VARIANCE Invoice 131678 -B 4/27/2010 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 02 -06 -10 THRU 03 -19 -10 PORT HARRISON DRAINAGE STUDY Invoice 131679 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs Invoice 131680 4/27/2010 Cash Payment E 402 -43127 -300 Professional Srvs Invoice 161681 4/27/2010 Cash Payment E 401 - 43108 -300 Professional Srvs Project PW0704 02 -06 -10 THRU 03 -19 -10 SWPPP UPDATE 02 -06 -10 THRU 03 -19 -10 MSA SYSTEM UPDATE 02 -06 -10 THRU 03 -19 -10 2008 STREET RECONSTRUCTION Invoice 131683 4/27/2010 Project PW0801 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 02 -06 -10 THRU 03 -19 -10 2008 LIFT STATION RECONSTRUCTION Invoice 131684 4/27/2010 Cash Payment E 401 -43109 -300 Professional Srvs Invoice 131685 4/27/2010 Cash Payment E 401 - 43109 -300 Professional Srvs Project PWO804 02 -06 -10 THRU 03 -19 -10 ISLAND VIEW DRIVE RECONSTRUCTION Project PWO902 02 -06 -10 THRU 03 -19 -10 2009 STREET RECONSTRUCTION Invoice 131687 4/27/2010 Project PW0901 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 02 -06 -10 THRU 03 -19 -10 2009 LIFT STATION RECONSTRUCTION Invoice 131689 4/27/2010 Cash Payment E 101 - 43100 -300 Professional Srvs Invoice 131690 -A 4/27/2010 Cash Payment E 601 -49400 -300 Professional Srvs Invoice 131690 -B 4/27/2010 Cash Payment E 602 -49450 -300 Professional Srvs Invoice 131690 -C 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs Invoice 131690 -D 4/27/2010 Cash Payment E 401 - 43160 -300 Professional Srvs Invoice 131691 4/27/2010 Cash Payment E 675 -49425 -300 Professional Srvs Project PWO904 02 -06 -10 THRU 03 -19 -10 GIS UPDATES 02 -06 -10 THRU 03 -19 -10 GIS UPDATES 02 -06 -10 THRU 03 -19 -10 GIS UPDATES 02 -06 -10 THRU 03 -19 -10 GIS UPDATES 02 -06 -10 THRU 03 -19 -10 STREET LIGHT REPLACEMENT Project PW0907 02 -06 -10 THRU 03 -19 -10 SURFACE WATER MANAGEMENT Invoice 131694 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 BRINKMANS, INCORPORATED Cash Payment E 222 -42260 -500 Capital Outlay FA 2010 HAULMARK TRANSPORT Invoice 36323 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Refer 42710 BUREAU OF CRIMINAL APPREN T •Cash Payment E 101 - 42110 -400 Repairs & Maintenance 1ST QTR CJDN CONNECT Invoice P07- MD0271300 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Refer 42710 CAMPION ENGINEERING SERVICE -664- 04/22/10 8:58 AM Page 4 $213.00 $146.00 $1,035.00 $4,047.00 $2,135.00 $435.00 $6,296.50 $10,287.00 $2,939.00 $139.50 $139.50 $139.50 $139.50 $1,928.50 $3,656.00 Total $47,064.50 $2,595.00 Total $2,595.00 $630.00 Total $630.00 CITY OF MOUND I, Payments CITY OF MOUND Current Period: April 2010 Cash Payment E 609 -49750 -300 Professional Srvs PROJECT COORDINATION Invoice 09009 -3 4/27/2010 PO 22234 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 CARQUEST OF NAVARRE (P/K9 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #851 SQUAD SUPPLIES Invoice 6974 - 117157 4/27/2010 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #842 SQUAD SUPPLIES Invoice 6974 - 117369 4/27/2010 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #848 SQUAD SUPPLIES Invoice 6974 - 117551 4/27/2010 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #847 OIL FILTER Invoice 6974 - 120167 -A 4/27/2010 Cash Payment E 101 - 42400 -404 Machinery/Equip Repairs #905 STANDARD U -JOINT Invoice 6974 - 120167 -B 4/2712010 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #905 STANDARD U -JOINT Invoice 6974 - 120167 -C 4/27/2010 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs #905 STANDARD U -JOINT Invoice 6974 - 120167 -D 4/27/2010 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs #905 STANDARD U -JOINT Invoice 6974 - 120167 -E 4/27/2010 Cash Payment E 675 - 49425 -404 Machinery/Equip Repairs #905 STANDARD U -JOINT Invoice 6974 - 120167 -F 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Refer 42710 CENTERPOINT ENERGY (MINNEG Cash Payment E 101 -45200 -383 Gas Utilities Invoice 042710 4/27/2010 Cash Payment E 101 -41910 -383 Gas Utilities Invoice 042710 4/27/2010 Cash Payment E 101 -45200 -383 Gas Utilities Invoice 042710 4/27/2010 Cash Payment E 101 -43100 -383 Gas Utilities Invoice 042710 4/27/2010 Cash Payment E 601 -49400 -383 Gas Utilities Invoice 042710 4/27/2010 Cash Payment E 602 -49450 -383 Gas Utilities Invoice 042710 4/27/2010 Cash Payment E 609 -49750 -383 Gas Utilities Invoice 042710 4/27/2010 Cash Payment E 101 -42110 -383 Gas Utilities Invoice 042710 4/27/2010 Cash Payment E 222 -42260 -383 Gas Utilities Invoice 042710 4/27/2010 Transaction Date 4/16/2010 Refer 42710 CENTRAL MCGOWAN, INCORPOR _ Cash Payment E 602 -49450 -220 Repair /Maint Supply Invoice 9565 4/27/2010 Cash Payment E 60249450 -220 Repair/Maint Supply Invoice 29100 4/27/2010 02 -17 -10 THRU 03 -18 -10 #5714383 02 -17 -10 THRU 03 -18 -10 #5728173 02 -17 -10 THRU 03 -18 -10 #6093897 02 -17 -10 THRU 03 -18 -10 #5731601 02 -17 -10 THRU 03 -18 -10 #5731601 02 -17 -10 THRU 03 -18 -10 #5731601 02 -17 -10 THRU 03 -18 -10 #5762358 02 -17 -10 THRU 03 -18 -10 #5765631 02 -17 -10 THRU 03 -18 -10 #5765631 Wells Fargo 10100 CYLINDER REQUALIFICATION HIGH PRESSURE CYLINDER -665- 04/22/10 8:58 AM Page 5 • $560.00 Total $560.00 $4.48 $5.31 $5.31 $5.24 $3.83 $3.07 $3.07 $3.07 $2.29 • Total $35.67 $1,033.36 $1,031.73 $206.54 $408.19 $408.19 $408.19 $258.61 $682.64 $682.63 Total $5,120.08 $350.00 S $13.92 CITY OF MOUND • '1 Payments CITY OF MOUND Current Period: April 2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total Refer 42710 COCA COLA BOTTLING - MIDWEST Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 042710 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total Refer 42710 COPY IMAGES, INCORPORATED Cash Payment E 601 - 49400 -440 Other Contractual Servic FINAL 04 -06 -10 THRU 05 -05 -10 COPIER Cash Payment E 60949750 -252 Beer For Resale BEER Invoice 546698 4/27/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER Invoice 547422 4/27/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 547755 -A 4/27/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 547755 -B 4/27/2010 Cash Payment E 60949750 -252 Beer For Resale BEER Invoice 547754 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total Refer 42710 DELL MARKETING L.P. Cash Payment E 101 -41920 -205 Computer Hardware /Soft SKATEPARK PC IN PSB Invoice XDR346DJ6 4/27/2010 PO 22109 -666- 04/22/10 8:58 AM Page 6 $363.92 $207.10 $207.10 $13.20 $13.20 $6.60 $220.00 $253.00 $147.00 $149.00 $296.00 $486.00 $44.64 - $35.96 $494.68 $1,714.95 $259.75 $20.95 $22.40 $2,409.90 $4,427.95 $676.22 MAINTENANCE Invoice 116843 -A 4/27/2010 Cash Payment E 602- 49450 -440 Other Contractual Servic FINAL 04 -06 -10 THRU 05 -05 -10 COPIER MAINTENANCE Invoice 116843 -B 4/27/2010 Cash Payment E 281 - 45210 -440 Other Contractual Servic FINAL 04 -06 -10 THRU 05 -05 -10 COPIER MAINTENANCE Invoice 116843 -C 4/27/2010 Cash Payment E 101- 41910 -440 Other Contractual Servic FINAL 04 -01 -10 THRU 04 -30 -10 COPIER MAINTENANCE Invoice 116844 4/27/2010 Transaction Date 4/16/2010 Wells Fargo 10100 Total 42710 DAHLHEIMER BEVERAGE LLC •Refer Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 75031 4/27/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 74966 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Total Refer 42710 DANIMAL DISTRIBUTING, INCORP Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 3291298 -A 4/27/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 3291298 -B 4/27/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa CREDIT -MIX Invoice 3291298 -C 4127/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total Refer 42710 DAY DISTRIBUTING COMPANY Cash Payment E 60949750 -252 Beer For Resale BEER Invoice 546698 4/27/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER Invoice 547422 4/27/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 547755 -A 4/27/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 547755 -B 4/27/2010 Cash Payment E 60949750 -252 Beer For Resale BEER Invoice 547754 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total Refer 42710 DELL MARKETING L.P. Cash Payment E 101 -41920 -205 Computer Hardware /Soft SKATEPARK PC IN PSB Invoice XDR346DJ6 4/27/2010 PO 22109 -666- 04/22/10 8:58 AM Page 6 $363.92 $207.10 $207.10 $13.20 $13.20 $6.60 $220.00 $253.00 $147.00 $149.00 $296.00 $486.00 $44.64 - $35.96 $494.68 $1,714.95 $259.75 $20.95 $22.40 $2,409.90 $4,427.95 $676.22 CITY OF MOUND 04/22/10 8:58 AM Page 7 • Payments CITY OF MOUND Current Period: April 2010 Cash Payment E 101 -41920 -205 Computer Hardware /Soft LASERFICHE PC SOFTWARE IN CITYAHLL Invoice XDR346DJ6 4/27/2010 P021952 • _ Transaction Date 4/20/2010 Wells Fargo 10100 Total Refer 42710 ESS BROTHERS AND SONS, INCO Cash Payment E602-49450-210 Operating Supplies MANHOLES Invoice MM6289 4/27/2010 PO 21819 Transaction Date 4/20/2010 Wells Fargo 10100 Total Refer 42710 FLAT AND VERTICAL TILE STONE Cash Payment E 101 - 42110 -460 Janitorial Services FRONT LOBBY FLOORS Invoice 042710 4/27/2010 PO 21982 Cash Payment E 222 - 42260 -460 Janitorial Services FRONT LOBBY FLOORS Invoice 042710 4/27/2010 PO 21982 Transaction Date 4/13/2010 Wells Fargo 10100 Total Refer 42710 G & K SERVICES _ Cash Payment E 101 - 41910 -460 Janitorial Services 04 -19 -10 MATS Invoice 6350596 4/17/2010 Cash Payment E 101 -45200 -218 Clothing and Uniforms 04 -12 -10 UNIFORMS Invoice 6339423 -A 4/17/2010 Cash Payment E 101 -45200 -210 Operating Supplies 04 -12 -10 MATS Invoice 6339423 -B 4/17/2010 Cash Payment E 101 -43100 -218 Clothing and Uniforms 04 -05 -10 UNIFORMS Invoice 6328320 -A 4/17/2010 Cash Payment E 601 -49400 -218 Clothing and Uniforms 04 -05 -10 UNIFORMS Invoice 6328320 -B 4/17/2010 Cash Payment E 602 -49450 -218 Clothing and Uniforms 04 -05 -10 UNIFORMS Invoice 6328320 -C 4/17/2010 Cash Payment E 101 -43100 -230 Shop Materials 04 -05 -10 MATS Invoice 6328320 -D 4/17/2010 Cash Payment E 601 -49400 -230 Shop Materials 04 -05 -10 MATS Invoice 6328320 -E 4/17/2010 Cash Payment E 602 -49450 -230 Shop Materials 04 -05 -01 MATS Invoice 6328320 -F 4/17/2010 _ Transaction Date 4/19/2010 Wells Fargo 10100 Total Refer 42710 GLENWOOD INGLEWOOD Cash Payment E 101 -42110 -210 Operating Supplies Invoice 6971761 4/27/2010 Transaction Date 4/13/2010 Refer 42710 GRIGGS COOPER AND COMPANY Cash Payment E 609 -49750 -253 Wine For Resale Invoice 386873 4/27/2010 Cash Payment E 60949750 -253 Wine For Resale Invoice 386872 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale Invoice 386871 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale Invoice 799757 4/27/2010 Cash Payment E 60949750 -251 Liquor For Resale Invoice 799758 4/27/2010 2ND QTR POU HOT AND COLD FITER Wells Fargo WINE WINE LIQUOR CREDIT — LIQUOR CREDIT — LIQUOR -667- $676.23 $1,352.45 $596.36 $596.36 $226.74 $226.74 $453.48 $109.99 $15.98 $62.75 • $19.08 $20.68 $25.77 $42.34 $42.34 $42.34 $381.27 $121.52 10100 Total $121.52 $39.95 $1,354.55 $2,576.47 - $70.70 - $41.22 •' CITY OF MOUND 04/22/10 8:58 AM • I, Page 8 Payments CITY OF MOUND Current Period: April 2010 -668- Cash Payment E 60949750 -251 Liquor For Resale CREDIT — LIQUOR - $73.53 Invoice 799759 4/27/2010 Cash Payment E 609 - 49750 -251 Liquor For Resale CREDIT —WINE - $17.33 Invoice 799588 4127/2010 Cash Payment E 60949750 -254 Soft Drinks /Mix For Resa MIX $61.19 Invoice 383704 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $652.59 Invoice 383703 4/27/2010 Cash Payment E 60949750 -253 Wine For Resale WINE $1,346.88 Invoice 383486 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE $39.95 Invoice 383485 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total $5,868.80 Refer 42710 HEIMAN FIRE EQUIPMENT _ Cash Payment E 222 -42260 -500 Capital Outlay FA 2010 FREIGHTLINER TANKER PUMBER $443.70 EQIPMENT Invoice 0768763 4/27/2010 P021936 Cash Payment E 22242260 -500 Capital Outlay FA 2010 FREIGHTLINER TANKER PUMBER $1,156.00 EQIPMENT • Invoice 0768765 4/27/2010 PO 21936 Cash Payment E 222 -42260 -500 Capital Outlay FA 2010 FREIGHTLINER TANKER PUMBER $2,013.40 EQIPMENT Invoice 0769244 4/27/2010 PO 21936 Transaction Date 4/13/2010 Wells Fargo 10100 Total $3,613.10 Refer 42710 HOEFTAPPLIANCE CENTER, INC _ Cash Payment E 10141910430 Miscellaneous REFRIGERATOR $510.86 Invoice 042710 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Total $510.86 Refer 42710 HOISINGTON KOEGLER GROUP, ! Cash Payment G 101 -23225 2270 Langdon Lane Variance 03 -10 2270 LANGDON LANE $25.75 COMPLETENESS REVIEW Invoice 007 - 001 -22 -A 4/27/2010 Cash Payment E 10142400 -300 Professional Srvs 03 -10 ATTEND MEETING $420.00 Invoice 007 - 001 -22 -B 4/27/2010 Cash Payment G 101 -23227 5248 Sulgrove Rd #10- 03/04/ 03 -10 5248 SULGROVE ROAD POTENTIAL $129.50 PROCESS Invoice 007 - 001 -22 -C 4/27/2010 Cash Payment G 101 -23223 4309 Wilshire Blvd #10 -01 P 03 -10 4309 WILSHIRE BLVD #10 -11 $539.50 Invoice 007 - 005 -26 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Total $1,114.75 Refer 42710 INTERNATIONAL INSTITUTE MUNI Cash Payment E 10141310433 Dues and Subscriptions 06 -30 -10 THRU 06 -30 -11 MEMBERSHIP DUES $125.00 Invoice 16456 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Total $125.00 • Refer 42710 JOHNSON BROTHERS LIQUOR - Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,687.15 Invoice 1816550 4/27/2010 Cash Payment E 60949750 -251 Liquor For Resale LIQUOR $1,434.13 Invoice 1816549 4/27/2010 -668- _ CITY OF MOUND 04/22/10 8:58 AM Page 9 I, Payments • CITY OF MOUND Current Period: April 2010 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE CREDIT —WINE CREDIT — LIQUOR LIQUOR WINE Wells Fargo 10100 Total Cash Payment E 101 -41600 -300 Professional Srvs 03 -10 MISCELLANEOUS BILLABLE Invoice 95197 -A 4/27/2010 Cash Payment E 475 -46386 -300 Professional Srvs 03 -10 AUDITORS ROAD LAND PURCHASE, BECKEL Invoice 95197 -B 4/27/2010 Cash Payment E 475 -46386 -300 Professional Srvs 03 -10 AUDITORS ROAD LAND PURCHASE, PERBIX Invoice 95197 -C 4/27/2010 Invoice 455291 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 455839 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale Invoice 455838 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale Invoice 1812512 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 1812513 4/27/2010 Transaction Date 4/13/2010 Refer 42710 KENNEDYAND GRAVEN CREDIT —WINE CREDIT — LIQUOR LIQUOR WINE Wells Fargo 10100 Total Cash Payment E 101 -41600 -300 Professional Srvs 03 -10 MISCELLANEOUS BILLABLE Invoice 95197 -A 4/27/2010 Cash Payment E 475 -46386 -300 Professional Srvs 03 -10 AUDITORS ROAD LAND PURCHASE, BECKEL Invoice 95197 -B 4/27/2010 Cash Payment E 475 -46386 -300 Professional Srvs 03 -10 AUDITORS ROAD LAND PURCHASE, PERBIX Invoice 95197 -C 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Refer 42710 LAKE MINNETONKA COMM. COMM Cash Payment E 101 -49840 -300 Professional Srvs 1ST QTR PEG ACCESS FEE Invoice 042710 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 LAWSON PRODUCTS, INC _ Cash Payment E 101 -45200 -220 Repair /Maint Supply CABLE TIES, COUNTER SINKS, ETC Invoice 9099789 4/27/2001 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 LEAGUE MN CITIES INSURANCE T Cash Payment E 101 - 41110 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 101 - 41310 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 101 -41500 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 101 -41600 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 101 -41910 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 101 -42110 -351 Legal Notices Publishing GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 101 -42115 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 101 -42400 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 101 -43100 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 -669- - $19.30 -$8.66 -$9.25 $816.10 $1,926.20 $6,826.37 $726.00 $259.00 $28.00 Total $1,013.00 • $11,272.15 Total $11,272.15 $303.02 Total $303.02 $37.36 $11.04 $14.24 $2.61 $5.76 $83.90 $1.19 $13.53 • $85.62 CITY OF MOUND • Payments CITY OF MOUND Current Period: April 2010 Cash Payment E 10145200 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 222 -42260 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 281 -45210 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 285 -46388 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 601 -49400 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 60249450 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Cash Payment E 609 -49750 -361 General Liability Ins GEN LIABILITY INSURANCE Invoice 17834 4/27/2010 Transaction Date 4/12/2010 Wells Fargo 10100 Refer 42710 LURE TECH, INCORPORATED Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs LUBRIPLATE GREASE Invoice 1761259 -A 4/27/2010 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs LUBRIPLATE GREASE isInvoice 1761259 -B 4/27/2010 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs LUBRIPLATE GREASE Invoice 1761259 -C 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 MARK Vll DISTRIBUTOR _ Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 594428 4/27/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 591525 4/27/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 591526 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Refer 42710 METRO SALES, INCORPORATED Cash Payment E 101 - 42400 -440 Other Contractual Servic 1ST QTR COPIER MAINTENANCE Invoice 361327 -A 4/27/2010 Cash Payment E 101 - 43100 -440 Other Contractual Servic 1ST QTR COPIER MAINTENANCE Invoice 361327 -B 4/27/2010 Cash Payment E 601 -49400 -440 Other Contractual Servic 1ST QTR COPIER MAINTENANCE Invoice 361327 -C 4/27/2010 Cash Payment E 602 - 49450 -440 Other Contractual Servic 1ST QTR COPIER MAINTENANCE Invoice 361327 -D 4/27/2010 Cash Payment E 675 - 49425 -440 Other Contractual Servic 1ST QTR COPIER MAINTENANCE Invoice 361327 -E 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 MINE SAFETY APPLIANCES COMP Cash Payment E 222 -42260 -525 Other Capital Improveme SCBA PRINCIPAL LEASE PAYMENT Invoice 94607940 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 MINNEHAHA BUILDING MAINTENA -670- 04/22/10 8:58 AM Page 10 $19.34 $103.54 $11.39 $0.00 $87.34 $80.82 $121.32 Total $679.00 $103.18 $103.18 $103.17 Total $309.53 $1,389.35 $1,975.25 $31.00 Total $3,395.60 $45.35 $36.28 $36.28 $36.28 $27.20 Total $181.39 $17,077.19 Total $17,077.19 CITY OF MOUND 04/22/10 8:58 AM Page 11 I► Payments IN • CITY OF MOUND Current Period: April 2010 Cash Payment E609-49750-400 Repairs & Maintenance 03 -15 -10 WASH WINDOWS Invoice 921070493 4127/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 MNSPECT _ Cash Payment E 101 -42400 -308 Building Inspection Fees 03 -10 BUILDING INSPECTIONS Invoice 3457 4/27/2010 Cash Payment G 101 -20800 Due to Other Governments 03 -10 ELECTRICAL SURCHARGE Invoice 3457 4/27/2010 Cash Payment R 101 -42000 -32220 Electrical Permit Fee 03 -10 ELECTRICAL INSPECTIONS Invoice 3457 4/27/2010 Cash Payment Cash Payment E 101 -42400 -308 Building Inspection Fees 03 -10 RENTAL INSPECTIONS Invoice 3458 4/27/2010 Transaction Date Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 MOUND FIRE RELIEF ASSOCIATIO _ Cash Payment Cash Payment E 222 -42260 -124 Fire Pens Contrib 04 -10 FIRE RELIEF Invoice 042710 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Refer 42710 MOUND MARKETPLACE LLC _ $65.44 Total $65.44 $2,416.87 -$6.00 - $176.00 $90.00 Total $2,324.87 $11,466.67 Total $11,466.67 Cash Payment E 609 - 49750 -412 Building Rentals 05 -10 COMMON AREA MAINTENANCE Invoice 042710 4/27/2010 Cash Payment E 609 - 49750 -412 Building Rentals 2009 BUDGET RECONCILILATION Invoice 042710 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Total Refer 42710 MOUND, CITY OF _ Cash Payment E 609 -49750 -382 Water Utilities 03 -10 WATER/SEWER SERVICE Invoice 042710 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Total Refer 42710 NAPA GUINE PARTS COMPANY Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs NEUTRAL SWITCH Invoice 2732566 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Total Refer 42710 NATIONAL RECREATION PARKAS Cash Payment E 101 - 45200 -433 Dues and Subscriptions 06 -30 -10 THRU 06 -30 -11 MEMBERSHIP DUES Invoice 30904 4/27/2010 $888.25 • $407.91 $1,296.16 $34.42 $34.42 $55.37 $55.37 $140.00 Transaction Date 4/19/2010 Wells Fargo 10100 Total $140.00 Refer 42710 NORTHERN TOOL AND EQUIPMEN Cash Payment E 101 -43100 -500 Capital Outlay FA AIR COMPRESSOR, TANK, PUMP $3,016.74 Invoice 21645264 4/27/2010 PO 21816 Cash Payment E 101 -43100 -500 Capital Outlay FA FUEL PUMP $292.27 Invoice 21850917 4/27/2010 PO 21816 Transaction Date 4/20/2010 Wells Fargo 10100 Total $3,309.01 Refer 42710 OFFICE DEPOT Cash Payment E 101 -43100 -210 Operating Supplies Invoice 513965074001 4/27/2010 PO 21808 Cash Payment E 601 -49400 -210 Operating Supplies Invoice 513965074001 4/27/2010 PO 21808 DIGITAL CAMERA $109.32 DIGITAL CAMERA $109.32 -671- • CITY OF MOUND • �, Payments CITY OF MOUND Current Period: April 2010 Cash Payment E 602 -49450 -210 Operating Supplies DIGITAL CAMERA Invoice 513965074001 4/27/2010 PO 21808 Cash Payment E 281 -45210 -200 Office Supplies ADDRESS LABELS Invoice 514392095001 4/27/2010 PO 22447 PROTECTION ONE Cash Payment E 101 -42110 -200 Office Supplies DVD HOLDER, BATTERIES, RIBBON Invoice 514614966001 4/27/2010 PO 21985 04 -28 -10 THRU 07 -27 -10 FIRE ALARM Cash Payment E 101 -43100 -200 Office Supplies CALCULATOR Invoice 514822457001 -A 4/27/2010 P021802 Invoice 042710 Cash Payment E 601 -49400 -200 Office Supplies CALCULATOR Invoice 514822457001 -B 4/27/2010 PO 21802 E 601 - 49400 -440 Other Contractual Servic Cash Payment E 602 -49450 -200 Office Supplies CALCULATOR Invoice 514822457001 -C 4/27/2010 PO 21802 MONITORING Cash Payment E 101 -45200 -200 Office Supplies INKJET CARTRIDGES Invoice 514392191001 4/27/2010 PO 22447 Transaction Date 4/13/2010 Wells Fargo 10100 Refer 42710 PAUSTIS AND SONS WINE COMPA Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8256229 -A 4/27/2010 Cash Payment E 609 -49750 -265 Freight isInvoice 8256229 -B 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8256063 -A 4/27/2010 Cash Payment E 609 -49750 -265 Freight Invoice 8256063 -B 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8256835 -A 4/27/2010 Cash Payment E 609 -49750 -265 Freight Invoice 8256835 -B 4/27/2010 Transaction Date 4/13/2010 Refer 42710 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609 -49750 -253 Wine For Resale Invoice 2896968 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale Invoice 2896967 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale Invoice 2894081 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 2894082 4/27/2010 WINE 04 -04 -10 DELIVERY CHARGE WINE 04 -05 -10 DELIVERY CHARGE WINE 04 -12 -10 DELIVERY CHARGE Wells Fargo WINE LIQUOR LIQUOR WINE 10100 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 PROTECTION ONE Cash Payment E 101 - 43100 -440 Other Contractual Servic 04 -28 -10 THRU 07 -27 -10 FIRE ALARM MONITORING Invoice 042710 4/27/2010 Cash Payment E 601 - 49400 -440 Other Contractual Servic 04 -28 -10 THRU 07 -27 -10 FIRE ALARM MONITORING Invoice 042710 4/27/2010 Cash Payment E 602 - 49450 -440 Other Contractual Servic 04 -28 -10 THRU 07 -27 -10 FIRE ALARM MONITORING Invoice 042710 4/27/2010 -672- 04/22/10 8:58 AM Page 12 $109.32 $6.11 $74.29 $4.36 $4.36 $4.36 $73.06 Total $494.50 $715.00 $6.25 $1,124.63 $18.75 $184.30 $8.75 Total $2,057.68 $265.40 $401.70 $0.00 $878.90 Total $1,546.00 $65.36 $65.36 $65.37 CITY OF MOUND 04/22/10 8:58 AM Iq Payments I, Page 13 • CITY OF MOUND Current Period: April 2010 Cash Payment E 101 - 41910 -440 Other Contractual Servic 04 -28 -10 THRU 07 -27 -10 FIRE ALARM $163.46 MONITORING Invoice 042710 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total $359.55 Refer 42710 QUALITY WINE AND SPIRITS _ Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $202.95 Invoice 289707 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE $208.00 Invoice 293618 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,168.90 Invoice 293634 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $35.49 Invoice 290758 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $4,603.56 Invoice 290894 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE $416.00 Invoice 290893 -A 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $31.00 Invoice 290893 -B 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total $7,189.02 Refer 42710 R.C. ELECTRIC, INCORPORATED - 0 Cash Payment E609-49750-400 Repairs & Maintenance 03 -30 -10 SERVICE CALL. POWER ISSUE $425.02 COOLER COMPRESSOR Invoice 2563 4/27/2010 PO 22113 Transaction Date 4/13/2010 Wells Fargo 10100 Total $425.02 Refer 42710 SCHARBER AND SONS OF LONG L Cash Payment E 101 - 45200 -409 Other Equipment Repair MISCELLANEOUS SUPPLIES $36.46 Invoice 02- 2018696 4/27/2010 Cash Payment E 101 - 45200 -409 Other Equipment Repair LEFT DECK POISITION SWITCH REPLACED $229.75 Invoice 10248 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total $266.21 Refer 42710 SENTRY SYSTEMS, INCORPORAT Cash Payment E 609 - 49750 -440 Other Contractual Servic 05 -10 BURGLARY AND FIRE MONITORING $67.08 Invoice 618560 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Total $67.08 Refer 42710 ST. CLOUD REFRIGERATION, INC Cash Payment E609-49750-400 Repairs & Maintenance 03 -30 -10 REPLACE COMPRESSOR, DRIER, $1,606.27 ETC Invoice 213516 4/27/2010 PO 22652 Cash Payment E609-49750-400 Repairs & Maintenance 03 -30 -10 REPAIR BEER COOLER $370.81 Invoice 213422 4/27/2010 PO 22651 Transaction Date 4/19/2010 Wells Fargo 10100 Total $1,977.08 Refer 42710 STAPLES BUSINESS ADVANTAGE _ Cash Payment E 101 -41110 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $3.18 Invoice 3134942709 -A 4/27/2010 Cash Payment E 101 -41310 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $9.00 Invoice 3134942709 -B 4/27/2010 -673- -674- CITY OF MOUND 04/22/10 8:58 AM • Payments Page 14 CITY OF MOUND Current Period: April 2010 Cash Payment E 101 -41500 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $12.18 Invoice 3134942709 -C 4/27/2010 Cash Payment E 101 -42400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $6.89 Invoice 3134942709 -D 4/27/2010 Cash Payment E 10145200 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $5.30 Invoice 3134942709 -E 4/27/2010 Cash Payment E 101 -43100 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $3.71 Invoice 3134942709 -F 4/27/2010 Cash Payment E 609 - 49750 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $3.17 Invoice 3134942709 -G 4/27/2010 Cash Payment E 601 -49400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $4.77 Invoice 3134942709 -H 4/27/2010 Cash Payment E 602 -49450 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $4.77 Invoice 3134942709 -1 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Total $52.97 Refer 42710 STERNE ELECTRIC COMPANY Cash Payment E 10143100 -400 Repairs & Maintenance PVC JUNCTION $159.31 Invoice 10434 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Total $159.31 •Refer 42710 SUBURBAN WILDLIFE CONTROL, I Cash Payment E 101 -45200 -300 Professional Srvs BEAVER TRAPPING $300.00 Invoice 3646 4/27/2010 Transaction Date 4/20/2010 Wells Fargo 10100 Total $300.00 Refer 42710 SUN PATRIOIT NEWSPAPER Cash Payment E 609 -49750 -351 Legal Notices Publishing 04 -03 -10 FINANCIAL STATEMENT $191.10 Invoice 980254 4/27/2010 Cash Payment E 28145210 -351 Legal Notices Publishing 03 -20 -10 SLIP AVAILABILITY $42.59 Invoice 976896 4/27/2010 Cash Payment E 609 -49750 -340 Advertising 02 -17 -10 WINE SALE $856.91 Invoice 969021 -B 4/27/2010 Cash Payment E 609 -49750 -328 Employment Advertising 03 -27 -10 LEAD LIQUOR CLERK $117.60 Invoice 977725 4/27/2010 Transaction Date 4/22/2010 Wells Fargo 10100 Total $1,208.20 Refer 402710 SUNBURST CHEMICALS, INC. _ Cash Payment E 10142110460 Janitorial Services SOAP DISPENSORS $59.93 Invoice 0256531 -A 4/27/2010 PO 22050 Cash Payment E 222 - 42260402 Building Maintenance SOAP DISPENSORS $59.92 Invoice 0256531 -B 4/27/2010 PO 22050 Transaction Date 4/13/2010 Wells Fargo 10100 Total $119.85 Refer 42710 SWEEPER SERVICES Cash Payment E 101 - 43100-404 Machinery/Equip Repairs REPLACE RIGHT -HAND JACKSHAFT $493.00 BEARING Invoice 10123 4/27/2010 . Transaction Date 4/19/2010 Wells Fargo 10100 Total $493.00 Refer 42710 TAYLOR, J.J. DISTRIBUTING MINN _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $29.65 Invoice 981249 4/27/2010 -674- CITY OF MOUND I, Payments CITY OF MOUND Current Period: April 2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 1378813 4/27/2010 Cash Payment Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 980440 4/27/2010 4/12/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 1378815 4/27/2010 E 101 -42110 -210 Operating Supplies Transaction Date 4/19/2010 Wells Fargo Refer 42710 THORPE DISTRIBUTING COMPAN E 101 -42110 -210 Operating Supplies Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 770632 4/27/2010 Cash Payment Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 585866 4/27/2010 4/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER Invoice 585868 4/27/2010 E 101 -42110 -210 Operating Supplies Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 585867 4/27/2010 E 101 -42110 -210 Operating Supplies Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 586875 4/27/2010 E 101 -42110 -210 Operating Supplies Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 586877 4/27/2010 E 101 -42110 -210 Operating Supplies Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 586876 4/27/2010 4/13/2010 04/22/10 8:58 AM Page 15 $2,455.00 $88.95 $179.00 10100 Total $2,752.60 Transaction Date 4/13/2010 Wells Fargo 10100 Total Refer 42170 TRUAX, TODD Cash Payment E 101 - 41920 -400 Repairs & Maintenance INSTALL, CONFIGURE COMPUTER, HANSON -675- $680.00 $119.45 $0.00 $4,382.65 $0.00 $2,694.55 $219.85 $8,096.50 $250.00 $300.00 $550.00 $13.02 $12.80 $3.33 $13.19 *I $42.34 $161.50 $2.50 • $172.84 K. Invoice 10 -00029 4/27/2010 Cash Payment E 101 - 42110 -400 Repairs & Maintenance UPDATE ALL DESKTOPS Invoice 10 -00030 4/27/2010 Transaction Date 4/12/2010 Wells Fargo 10100 Total Refer 42710 TRUE VALUE, MOUND _ Cash Payment E 101 -42110 -210 Operating Supplies WIPES, BATTERIES Invoice 68575 4/27/2010 Cash Payment E 101 -42110 -210 Operating Supplies LIQUID CAR WASH, SCREWDRIVER Invoice 68622 4/27/2010 Cash Payment E 101 -42110 -210 Operating Supplies T.V. MOUNT SUPPLIES Invoice 68666 4/27/2010 Cash Payment E 101 -42110 -210 Operating Supplies TOWEL, WASHERS, BOLTS Invoice 68952 4/27/2010 Transaction Date 4/13/2010 Wells Fargo 10100 Total Refer 42710 VINOCOPIA, INCORPORATED Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 25008 -A 4/27/2010 Cash Payment E 609 -49750 -265 Freight 04 -15 -10 DELIVERY CHARGE Invoice 25008 -B 4/27/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 24781 -A 4/27/2010 -675- $680.00 $119.45 $0.00 $4,382.65 $0.00 $2,694.55 $219.85 $8,096.50 $250.00 $300.00 $550.00 $13.02 $12.80 $3.33 $13.19 *I $42.34 $161.50 $2.50 • $172.84 CITY OF MOUND • I, Payments CITY OF MOUND Current Period: April 2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa WINE Invoice 24781 -B 4/27/2010 Cash Payment E 609 -49750 -265 Freight 04 -07 -10 DELIVERY CHARGE Invoice 24781 -C 4/27/2010 4/27/2010 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 WIDMER CONSTRUCTION, LLC Invoice 47740 Cash Payment E 601 - 49400 -400 Repairs & Maintenance WATERMAIN REPAIR Invoice 2785 4/27/2010 Invoice 47741 Cash Payment E601-49400-400 Repairs & Maintenance 03 -12 -10 GRANDVIEW WATERMAIN Invoice 2784 4/27/2010 Invoice 47742 Cash Payment E 601 - 49400 -400 Repairs & Maintenance 03 -12 -10 2201 LYNWOOD WATERMAIN Invoice 2783 4/27/2010 Invoice 47743 Transaction Date 4/19/2010 Wells Fargo 10100 Refer 42710 WINE COMPANY Cash Payment E 609 -49750 -253 Wine For Resale Invoice 240186 -A 4/27/2010 Cash Payment E 609 -49750 -265 Freight Invoice 240186 -B 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale • Invoice 240279 4/27/2010 Transaction Date 4/13/2010 Refer 42710 WINE MERCHANTS WINE 04 -08 -10 DELIVERY CHARGE WINE Wells Fargo WINE CREDIT —WINE CREDIT —WINE CREDIT —WINE CERDIT —WINE WINE 04/22/10 8:58 AM Page 16 $144.00 $7.00 Total $487.84 $915.00 $980.00 $1,172.50 Total $3,067.50 $216.00 $6.30 $160.00 10100 Total $382.30 $664.00 - $11.33 - $10.00 - $22.55 -$8.67 $1,088.00 Wells Fargo 10100 Cash Payment E 609 -49750 -253 Wine For Resale $176.00 Invoice 314029 4/27/2010 04 -12 -10 DELIVERY CHAREG Cash Payment E 609 -49750 -253 Wine For Resale Total $727.80 Invoice 47740 4/27/2010 03 -10 #51- 4802601 -1 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 47741 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 47742 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 47743 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 313191 4/27/2010 Transaction Date 4/13/2010 Refer 42710 WORLD CLASS WINES, INCORPO Cash Payment E 609 -49750 -253 Wine For Resale Invoice 246297 4/27/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 246121 -A 4/27/2010 Cash Payment E 609 -49750 -265 Freight Invoice 246121 -B 4/27/2010 Transaction Date 4/19/2010 •Refer 42710 XCEL ENERGY - Cash Payment E 101 -42115 -381 Electric Utilities Invoice 317083021 4/27/2010 Cash Payment E 101 -43100 -381 Electric Utilities Invoice 316495297 4/27/2010 WINE 04 -08 -10 DELIVERY CHARGE WINE Wells Fargo WINE CREDIT —WINE CREDIT —WINE CREDIT —WINE CERDIT —WINE WINE 04/22/10 8:58 AM Page 16 $144.00 $7.00 Total $487.84 $915.00 $980.00 $1,172.50 Total $3,067.50 $216.00 $6.30 $160.00 10100 Total $382.30 $664.00 - $11.33 - $10.00 - $22.55 -$8.67 $1,088.00 Wells Fargo 10100 Total $1,699.45 WINE $176.00 WINE $544.00 04 -12 -10 DELIVERY CHAREG $7.80 Wells Fargo 10100 Total $727.80 03 -10 #51- 6002835 -9 $25.02 03 -10 #51- 4802601 -1 $5,952.07 -676- Z', CITY OF MOUND Cash Payment E 101 -43100 -381 Electric Utilities Invoice 317388617 4/27/2010 Transaction Date 4/16/2010 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 285 MOUND HRA 401 GENERAL CAPITAL PROJECTS 402 MUNICIPAL STAID ST CONSTUCT 475 TIF 1 -3 Mound Harbor Renaissan 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND CITY OF MOUND Payments Current Period: April 2010 03 -10 #51- 6002836 -0 Wells Fargo 10100 10100 Wells Fargo $43,713.06 $37,184.95 $548.33 $0.00 $27,489.37 $4,047.00 $287.00 $8,298.38 $9,896.72 $59,266.59 $295.40 $9,208.37 $200,235.17 Pre - Written Check $0.00 Checks to be Generated by the Compute $200,235.17 Total $200,235.17 -677- 04/22/10 8:58 AM Page 17 • $214.41 Total $6,191.50 lei 0 � 5341 Maywood Road • Mound MN 55364 (952) 472 -3190 EXECUTIVE SUMMARY TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: April 22, 2010 APPLICANT: Michael and Michelle Wood REQUEST: Variance for New House Construction CASE NUMBERS: 10 -02 LOCATION: 2270 Langdon Lane PROPERTY ID: 14- 117 -24 -42 -0032 ZONING: R -1 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential SUMMARY. At its April 6, 2010 meeting, the Planning Commission reviewed the variance • application from Michael and Michelle Wood, who purchased the subject property in February 2009, to construct a new 2 -story house and attached 3 -car garage at 2270 Langdon Lane. The subject site is zoned R -1 Single - Family Residential and subject to the regulations contained in City Code Section 129.100. The requested variance is outlined below: Existing Requested Required Variance Front setback N/A 25 FT 30 FT 5 FT BACKGROUND. Background regarding the application and proposed project are contained in Planning Report No. 10 -02 and related information /documents which have been included as attachments. MEETING OVERVIEW AND RECOMMENDATION. Details regarding the Planning Commission's review are contained in the April 6, 2010 meeting minute excerpts which have been included as an attachment. In general, discussion focused on the subject property's proximity to the Dakota Trail which is a heavily used recreational facility, positioning of the house to preserve as many mature trees as possible, and the applicants intent to reuse portions of the excavation site which contained the former house to minimize site disturbance and land alteration activities. The Planning Commission voted four (4) in favor and one (1) opposed, to recommend City Council approval of the requested variance as recommended by Staff. A resolution for approval based on the Planning Commission's review and recommendation has been prepared and included as an attachment. ADDITIONAL INFORMATION A 60 -day extension pursuant to M.S. 15.99 was executed on behalf of the City of Mound on April 19, 2010. • -678- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION APRIL 6, 2010 • BOARD OF APPEALS REVIEW OF CASE # 10 -02 VARIANCE — NEW SINGLE FAMILY HOME 2270 LANGDON LANE MICHAEL AND MICHELLE WOOD The applicants have submitted an application for a front setback variance to construct a new 2 -story house and attached 3 -car garage. The parcel is located at the end of Langdon Lane. The former house was damaged by fire and removed in 2008. Staff recommends approval of the variance with conditions outlined in the Planning Report based on the following: 1. The criteria in City Code Section 129.39 are being met. 2. The proposed house location utilizes the existing topography. 3. The location keeps the house closer to the quiet road and maintains additional space from the Dakota Trail in the rear of the house. 4. The reduced setback helps to preserve mature trees on property. 5. The requested setback is measured from the porch a minimal. 6. The location allows for a increased setback from t dja t house to the NE. 7. The configuration of the lot can be described as ing five ' es. Discussion Salazar asked if anything would prevent the trail. Smith indicated she didn't know of anv Glister asked what the impact would existing topography minimizes the Salazar noted that, moving the ling trees to provide a sound buffer from do Wiftin the setbacks. Smith indicated that utilizing the s as well as preservation of mature trees. make the deck 33 +/- feet from the trail area. Ward referenced the variances granted for Langdon Bay and Langdon Trails and asked what the purpose was for front setbacks being altered in those areas. Smith said it wasn't really an accurate comparison because they were planned areas with development agreements and the reasons were varied. Paulsen asked how much right -of -way /easement there was for the trail. Smith thought it was 100 feet. Salazar liked the plan a lot. Michael Wood (4912 Lanark Road — owner of the subject property) was available to respond to questions. Paulsen asked who owned the garage near the site. Mr. Wood indicated it belongs to the neighbor. He also addressed the impact of the trail location as well as questions about drainage. MOTION by Salazar, seconded by Johnson, to recommend approval of Case # 10 -02 based on staff recommendation. MOTION carried. For: Salazar, Johnson, Ward, and Paulsen. Against: Glister. • -679- • • • DRxAFT CITY OF MOUND RESOLUTION # 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 2270 LANGDON LANE P & Z CASE # 10 -02 PID 14- 117 -24-42 -0032 WHEREAS, the applicants, Michael and Michelle Wood, have submitted a request for a variance in order to construct a 2 -story house and attached garage at 2270 Langdon Lane; and WHEREAS, the Zoning is R -1, Single Family Residential, and subject to the regulations contained in contained in City Code Section 129.100. The requested variance is outlined below: Existing Requested Required Variance Front setback N/A 25 FT 30 FT 5 FT WHEREAS, the property is located at the south end of Langdon Lane which included a platted, cul -de -sac that has not been constructed to date but is tentatively programmed for 2011; WHEREAS, a former house was located on the property was damaged by Ore and removed in November 2008; and WHEREAS, the applicant is requesting a 5 foot variance to the front property line for a proposed new house to be constructed so as to minimize site disturbance by using portion(s) of the excavation site from the former house which was removed and to preserve as many mature trees as possible. The applicant also wishes to keep the house closer to Langdon Lane so as to provide as much separation for the home from the Dakota Trail which is located on the south side of the property; and WHEREAS, background regarding the variance, including Staff's review of the application, is contained in Planning Report No. 10-02 and related supporting documents which are on file in the Building and Inspections Department; and -680- WHEREAS, Staff recommended approval of the requested variance subject to conditions; and WHEREAS, at its April 6, 2010 meeting, the Planning Commission reviewed the variance application and voted four (4) in favor and (1) opposed to recommend City Council approval as recommended by Staff; and WHEREAS, the City Council reviewed the application at its April 27, 2010 meeting. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mound, Minnesota as follows: The City Council does hereby approve a 25 -ft front setback for a new single - family house to be constructed at 2270 Langdon Lane, as requested, subject to the following conditions: a. Structures, except balconies, decks and staircases as allowed, shall not be built into the required front, side and rear yards. b. A foundation survey is required in accordance with City policy. c. New construction on the property shall conform to the City Code regulations in all regards with the exception of the approved front setback variance for the new house. d. As applicable, floodplain regulations require that the lowest floor of all • structures including basements and crawl spaces must be constructed at or above the RFPE or three feet above the wetland OHWM. Applicants are advised that they are responsible for compliance with these regulations including any required minimum construction elevation requirements. e. Hardcover shall be limited to 40 %. Where pervious pavers are used to meet this requirement, the installation shall be by a commercial contractor. An as- built survey shall be submitted for all areas where pervious pavers were used to certify that the installation was done according to the submitted plan. This as -built survey shall be signed by a professional engineer. Staff suggests the applicant contact the manufacturer of the pervious paver product to determine what inspections will be required to provide for sign -off' on the as- built survey by the manufacturer. Applicant should be advised that inspection(s) at specific intervals may be required. f. Drainage shall not be directed to neighboring properties or on to Langdon Boulevard. g. Payment of any City fees for review of the variance application. h. No future approval of any development plans and /or building permits is included as part of this land use action. i. Applicant shall be responsible for procurement of any and /or all public agency permits. • -681- • j. The applicant shall be responsible for recording the resolution(s) with Hennepin County. The applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. k. No building permits will be issued until evidence of recording of the resolution has been provided to the City unless an escrow deposit of sufficient amount is on file or submitted with the City of Mound. 1. No building permits will be issued until any and /or all fees associated with the land use application have been paid unless an escrow deposit of sufficient amount is on file with the City. m. Applicant shall ensure that runoff from the roof does not drain on to neighbor's property. n. 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. o. Applicant shall be responsible for procurement of any and /or all local or public agency permits including, but not limited to, the submittal of all required information prior to building permit issuance. p. Applicant shall be responsible for providing the legal description information in electronic form to the City of Mound. • q. As applicable, the installation of new water and sewer service must be completed prior to release of the official resolution or some type of financial guarantee provided, such as a cash deposit, letter of credit or performance bond, to cover the cost of utility service connections prior to the release of the Resolution for recording. Applicant to work with Public Works and Engineering Departments regarding same. • r. Streets and infrastructure which are disturbed because of construction including, but not limited to, the installation of the water service, sewer service and small utilities, shall be subject to repair and /or replacement and shall be coordinated in cooperation with the Public Works and Engineering Departments. s. Payment of sanitary sewer and water connection fees of $240.00 each for the parcel. t. Erosion control 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. Comments from City Engineer Faulkner regarding Best Management Practices (BMP's) shall also apply to the subject project site. -682- 0 2. The variance is approved based on the following findings of fact: a. The criteria included City Code Section 129.39 are being met. b. The proposed house location utilizes the existing topography of the lot which is higher in the front and slopes downward towards the back; applicant also intends to reuse a portion of the previous house location to minimize excavation and to take advantage of the natural drainage on the site. c. The proposed house location keeps the house closer to a quiet local road and will provide for additional space between the house I back yard and the Dakota Trail which is an all- season, well -used recreational amenity used by walkers, runners, bikers, in -line skaters, skiers, snowshoers, etc. d. The reduced setback will help to preserve mature trees on the property including two substantial trees located on south /east sides of the proposed new home as construction of the future cul -de -sac will result in tree loss in the subject area of the new road. e. The 25 -foot front setback is measured from the covered porch located on the front side of the house therefore the area covered by the variance is minimal and the significant portion of the new house and attached garage are consistent with the 30 -foot front setback. • f. The proposed house location allows for a substantially increased setback for the adjacent house to the NE. g. The configuration of the lot can be described as having five (5) sides. 3. The variance is approved for the following described property: Lot 6, Block 1, MACK'S ADDITION 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 April 27, 2010 Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor -683- e • 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 PLANNING REPORT TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: March 31, 2010 (revised April 22, 2010) APPLICANT: Michael and Michelle Wood REQUEST: Variance for New House Construction CASE NUMBERS: 10 -02 LOCATION: 2270 Langdon Lane PROPERTY ID: 14- 117 -24 -42 -0032 ZONING: R -1 Single Family Residential COMPREHENSIVE PLAN: Low Density Residential SUMMARY is The applicants, Michael and Michelle Wood, who purchased the subject property in February 2009, have submitted an application for a variance in order to construct a new 2 -story house and attached 3 -car garage at 2270 Langdon Lane. The subject site is zoned R -1 Single - Family Residential and subject to the regulations contained in City Code Section 129.100. The requested variance is outlined below: Existing Reguested Required Variance Front setback N/A 25 FT 30 FT 5 FT BACKGROUND AND PROJECT OVERVIEW The subject parcel is. located at the end of Langdon Lane as it extends south from Lynwood Boulevard. The property was originally platted as Lot 6, Block 1, Mack's Addition and previously included a single - family home, a portion of which extended on to Lot 7 which is located immediately adjacent to the subject lot to the west. This is an existing lot which abuts a platted cul -de -sac which has not been constructed to date but is tentatively programmed for 2011. The former house was damaged by fire and removed in November 2008. Members are advised that the applicants own both Lot 6 and Lot 7. The proposed new home, to be constructed on Lot 6, will be accessed by a new driveway that extends from Langdon Lane and is located in the vicinity of the existing bituminous driveway that provided access to the former home. The proposed survey, project plans (including floor plans and elevation drawings) have been included with the application materials. The applicants have also submitted a detailed narrative with regard to the project and requested variance. -684- REVIEW PROCEDURE City Code Section 129.39 outlines the criteria for granting variances in the City of is 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 in the event the following circumstances exist: (1) 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 chapter have no control. (2) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter. (3) The special conditions or circumstances do not result from the actions of the applicant. (4) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district. (5) The variance requested is the minimum variance which would alleviate the hardship. (6) The variance would not be materially detrimental to the purposes of • this chapter or to property in the same zone. CITY DEPARTMENT REVIEW 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: Public Works Director Moore -685- Cul -de -sac construction anticipated to be undertaken by City with larger street project in 2011; Public Works Staff previously met with applicant(s) regarding same in advance of submitted variance request. • • City Engineer Faulkner Fire Chief Pederson Police Chief Kurtz Public Works Supt. Skinner Parks Director Fackler Building Official Menth City Attorney Dean • • -686- If approved, the following proposed conditions for this application are recommended: • Best management practices (BMP's) should be used during site grading and construction of the proposed house. • Existing drainage patterns should be retained. No comments No objections No comments No comments Provide two (2) complete sets of plans with applications A new variance is required to permit a reduced setback for the proposed new structure. Per City Code, the 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 line. It appears that if you measure the frontage from either the property line or the building line, you have more than 60 feet. The area within the platted cul -de -sac between the improved street and the property line qualifies as boulevard, so the measurement still is at the property line. You can count the front property line as abutting on the platted street ROW since there is an improved street within the ROW. Therefore, I see no need for a variance for the frontage on improved street. AGENCY REVIEW • Copies of the request and supporting materials were forwarded to involved public agencies for review and comment. All written comments received to date have been - - summarized below: Three Rivers Park District See attached letter dated March 15, 2010 from Kelly Grissman Henn. Co. Regional Railroad Authority Email received on 3/19 from John Tripp indicated no objections to the variance request PUBLIC NOTIFICATION All property owners abutting the subject site were mailed a copy of the Planning Commission agenda on or around April 1, 2010 to inform them of the variance request. Please refer to attached email received on or around March 18, 2010 from the owners of the property the 2248 Langdon Lane that indicates they have no objections to the variance request. A copy has been included as an attachment. TIMELINE FOR AGENCY ACTION The application was deemed to be complete on February 26, 2010. Per Minnesota Statute 15.99, the City has 60 -days to approve or deny a land use application unless an extension is executed. DISCUSSION • • Members may recall that this property was subject of a 2 -lot major subdivision application by EEGE LLC that was granted preliminary plat approval by the City in 2006, however, the applicant did not submit application(s) to undertake or complete the final plat process. Resolution No. 84 -66 approved a variance to allow a front setback of six (6) feet for the former house which was removed in Nov. 2008. The City Attorney reviewed the 1984 resolution and determined that the 1984 variance is no longer valid due to the elimination of the hardship which gave rise to the variance initially, which is the removal of the former encroaching structure. A new structure must either conform to the setback requirement or seek to obtain a variance. • As applicable, the City Code regulations require that the lowest floor of all structures including basements and crawl spaces must be constructed at or above the designated Regulatory Flood Protection Elevation or three feet above the Ordinary High Water Mark of the wetland. Planning and Engineering Tech Ray Hanson has provided preliminary comment that there appear to be no floodplain or wetland issues associated with the request based upon review of the FEMA map and Mound wetlands functions and values manual. Applicant is advised that they are responsible for compliance with these regulations including • any required minimum construction elevation requirements. -687- • The applicant should be aware that the R -1 District limits hardcover to a 40% • maximum for lot of record parcels. Hardcover calculations were included on the survey and indicate that the proposed construction project on the property will be below the 40 percent allowance. If the applicant would like to use pervious pavers, an as -built survey must be submitted for all areas where pervious pavers are used to certify that the installation was done according to the submitted plan. This as -built survey shall be signed by professional engineer. Staff suggests the applicant contact the manufacturer of the pervious paver product to determine what inspections will be required to provide for "sign -off' on the as -built survey by the manufacturer. Applicant should be advised that inspection(s) at specific intervals may be required. Installation of the pervious paver by a commercial contractor is required. • Roof eaves, gutters and the like are allowed to extend no more than two (2) feet into the required setback. Gutters are allowable encroachments in the setback area. • Any retaining wall exceeding four (4) feet requires a building permit and includes the submittal of engineering and /or structural certification. • In general, steps are allowed to encroach in setback areas as long as they are located 2 -feet from any lot line. On -grade stairways and steps not exceeding six feet in width and landings connected to such stairways and steps not exceeding six feet in width and six feet in length do not qualify as a "structure" as defined in the City Code and are exempt from setback requirements; also boardwalks and • sidewalks not exceeding six feet in width. • Mechanical devices are allowed as long as encroachment does not extend more than (2) feet into required setback area. • Uncovered decks are subject to accessory structure setbacks as referenced in the City Code. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend Council approval of the variance to construct the new single - family home and attached garage as proposed based on the following findings of fact: 1. The criteria included City Code Section 129.39 are being met. 2. The proposed house location utilizes the existing topography of the lot which is higher in the front and slopes downward towards the back; applicant also intends to reuse a portion of the previous house location to minimize excavation and to take advantage of the natural drainage on the site. 3. The proposed house location keeps the house closer to a quiet local road and will provide for additional space between the house / back yard and the Dakota Trail which is an all- season, well -used recreational amenity used by walkers, runners, bikers, in -line skaters, skiers, snowshoers, etc. -688- 4. The reduced setback will help to preserve mature trees on the property including two substantial trees located on the south /east sides of the proposed new home as construction of the future cul -de -sac will result in tree loss in the subject area of the new road. 5. The 25 -foot front setback is measured from the covered porch located on the front side of the house therefore the area covered by the variance is minimal and the significant portion of the new house and attached garage are consistent with the 30 -foot front setback. 6. The proposed house location allows for a substantially increased setback for the adjacent house to the NE. 7. The configuration of the lot can be described as having five (5) sides. Staff's recommendation for approval of the variance is made subject to the following conditions: Applicant shall ensure that runoff from the roof does not drain on to neighbor's property. 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 local or public agency permits including, but not limited to, the submittal of all required information prior to building permit issuance. 6. The applicant shall be responsible for recording the resolution(s) with Hennepin County. The applicant is advised that the resolution(s) will not be released for recording until all conditions have been met. 7. No building permits will be issued until evidence of recording of the resolution(s) and easement(s) has been provided to the City by the applicant. 8. No building permits will be issued until any and /or all fees associated with the land use application have been paid unless an escrow deposit of sufficient amount is on file with the City. 9. Structures shall not be built into the required front, side, and rear yards. A foundation survey is required in accordance with City policy. 10. Applicant shall be responsible for providing the legal description information in • electronic form to the City of Mound. -689- 11. Drainage shall not be directed to neighboring properties. •12. As applicable, the installation of new water and sewer service must be completed prior to release of the official resolution or some type of financial guarantee provided, such as a cash deposit, letter of credit or performance bond, to cover the cost of utility service connections prior to the release of the Resolution for recording. Applicant to work with Public Works and Engineering Departments regarding same. 13. Streets and infrastructure which are disturbed because of construction including, but not limited to, the installation of the water service, sewer service and small utilities, shall be subject to repair and /or replacement and shall be coordinated in cooperation with the Public Works and Engineering Departments. 14. Payment of sanitary sewer and water connection fees of $240.00 each for the parcel. 15. Erosion control 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. See also comments from City Engineer Faulkner regarding Best Management Practices (BMP's). CITY COUNCIL REVIEW Variances require approval by the City Council. If a recommendation is received from • the Planning Commission at its April 6, 2010 meeting, a possible date for City Council review is Tuesday, April 27, 2010, however, the applicant is advised that this date is preliminary and therefore subject to change. • -690- AnVARIANCE 5341 Maywood Road, Mound, MN 55364 APPLICATION . Phone 952 - 472 -0600 FAX 952 -472 -0620 g Application Fee and Escrow Deposit required * pP p q ed at time of application. Planning Commission Date Case No. City Council Date Please tvoe or print leaibiv SUBJECT Address 2270 Langdon Lane PROPERTY _LEGAL Lot_6 - Block. ,1 DESC. Subdivision Macks Addition PID # _14- 117 -24 43 0032 Zoning: R1 R1A R2 R3 B7 132 B3 (circle one) PROPERTY Name Michael and Michelle Wood Email OWNER Address 4812 Lanark Rd Mound, MN 55364 Phone Home I*W"Vr-- _�Work=0@WONSW Fax APPLICANT Name Email - (IF- OMHER. THAN Address OWNER) Phone Home Work Fax Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes (X) No ( ). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. April 6, 1984 — Variance on front lot line of 24 feet was requested by prior owner and granted to allow for the construction of a walkout basement and addition to the structure of the previous home. Resolution #84 -66. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Proposed construction of a new single family home on Lot 6, reusing a portion of the original building location. Home to be a two-story with a 3 -car attached garage. Total building footprint is 2504 sq ft, with 2753 finished square feet above ground. See attached building plan for details. Variance Information (2125/2010) Page 4 of 6 -691- r� • • • is Lase -No. /0'0 C;2 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (X) No ( ). If no, specify each non - conforming use (describe reason - for. variance .- request,.i.e- setback; lot -area; etc.): This is currently a vacant lot. SETBACKS: REQUIRED Front Yard: (N S E W) _30 ft. - Side-Yard: (-N--S -E'W) -'M' ft: Side Yard: (N S E W) _10 ft. Rear Yard: (N S E W) _15 ft. lakeside- - .(,N SSW) ft (NSEW) ft. Street Frontage: _60.0 ft. Lot Size: 21,507 sq ft REQUESTED (or existing) 25 ft. _nia VARIANCE 5 ft. n/a ft: _n /a ft. n/a ft. _n /a ft. _n /a ft. ft- A ft. n/a ft. n/a sq ft ft. n/a ft. n/a sq ft Hardcover: _6,452 sq ft n/a sq ft n/a sq ft 4. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (X), No ( ). If no, specify each non - conforming use: Presently a vacant lot. 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the - uses- perrnfted -in-that-zsning_distftt? ( ) too narrow ( X ) topography ( ) soil ( ) too small ( ) drainage (X) existing situation ( ) too shallow ( ) shape () other: specify Please See attached Variance Information (2/25/2010) Page 5 of 6 -692- Case No. '� • 6. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (X). If yes, explain: 7. Was the hardship created by any other man -made change, such as the relocation of a road? Yes( X ),No( ). If yes, explain: As described in the Variance Application dated April 6, 1984 (see attached) that resulted in Resolution 84 -66 a hardship was created in 1958 when street improvements including a cul -de -sac -were-placed -on -the- plat- 6-f eet -from-the- existing-structure. The�creators4ofHhe "58•plat AoSJIED the original house would be demolished in the early 1960's before the street improvements were made. However, the original house survived until 2007 when it was destroyed by fire. The cul -de- sac has never been built. Resolution 84 -66 granted a front yard variance of 24 feet and also waved the side yard requirements between Lots 6 & 7. This combination of the original house location, the later placement of the undeveloped cul -de -sac and the associated front property line make it unrealistic to rebuild atop the original home site. 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (X ), No ( ). If no, list some other properties which are similarly affected? 9.Comments:_ Please See Attached 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 Variance Information (2/26/2010) Page 6 of 6 -693- _ Date aL 201 D (� Zate 4 2 Zal o Variance Application Supplemental Narrative For Lot 6 Block 1 Mack's Addition • 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? The unique physical characteristics of this property are created by a combination of the original house location, the undeveloped cul- de-sac and the location of several mature trees. The original structure on this property was constructed in 1856, on the natural "high spot" along the front of the property and included a walk out basement facing the rear of the property. Ifiis structure also spanned" Ldts15-&`7: In -the 1 58 plat street-improvemerits were included that placed a cul- de-sac within 6 feet of this pre - existing structure under the assumption the house would be demolished in the early 1960's. However, the house survived until 2007 and the platted cul-de -sac has never been built. In 1984 a variance of 24 feet was granted for the front setback (Resolution 84 -66). See attached survey from 1984 'VadanceRequest. -Irt ate 2007 the ofomsTstructure-burned and was subseque raemoved from the property. The location of the original structure and the topography it left behind along with the size and location of the mature trees (24" Maple to the south of the proposed house location :and 36° As>iitothe-nemth t)'-orr- the` property` allow =a -b gilding- site4hat- is -significantly-more-cofrrpiiarri with the Zoning Ordinance than the original structure, but that cannot fully comply with the • front yard setback. 9. Comments As described above the current owners of Lot 6 .Block 1 Mack's Addition wish to construct a new single family residence. The proposed house placement, hence the need for this variance request, are driven by a number of factors: 1. First and foremost by the-location of the previous house and the topography R left behind. Locating the new walk out basement to reuse the original house location will greatly reduce the excavation required and take advantage of the natural drainage away from the home site. 2. Location and size of trees on the property. The large maple, ash and oak trees on the property were one of its desirable features when we purchased the property. We would like to preserve as many trees as we can especially given the fact that the City may someday build the cul -de -sac in front of the property, thus destroying about a dozen trees between 4° and 12" in diameter. The neighbors have also expressed hope that we would save as many of the large trees on the property as possible. 3. Desire to locate our home closer to a very low traffic street/ cul -de -sac and further away from a very busy trail that runs along the south property line. The walking trail receives a . lot of foot and bike traffic from April through October. -694- Variance Application Supplemental Narrative For Lot 6 Block 1 Mack's Addition In an effort to comply with the Zoning Ordinance we have modified our proposed home design • to have a side walkout instead of a rear facing walk out. We have also modified the foot print of the structure removing 6 feet of width and 2 feet of depth (front to back). These modifications -tf�i•�ticiwtfi� i5dti����° rllsitjrt�t��t�r� ,rs-try-i�irt�rrd• vii =tdt•tirn�ri�i-tt�-r�rg�- cr�s�. the north east and south of the proposed house location. However to comply with the 30 foot front yard setback, that would put the house foundation within approximately 10 feet of the large maple tree to the south. The builder and the excavator heLfte 1h,.at AWS zero. -ld he.tm. uann #he dwm Df IhO fDmdat . In summary, we are seeking a 5 foot variance from the required 30 foot front yard setback. We feel this is a reasonable request based on a number of factors including: • 25 foot front yard setback allowed in the nearby Langdon Trails and Langdon Bay developments. • Previous structure was granted a 24 foot front yard variance • Preservation of large mature trees located on the lot. • C7 -695- 91FI, HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDESS: 2270 Langdon Lane OWNER'S NAME: Michael and Michelle Wood LOT AREA _21,507 SQ. FT. X 30% = (for all lots) .. ............................... 6,452 LOT AREA 21.507 SQ. FT. X 40% = ffor Lots of Record) ............................. 8;603 —� Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 129 -385 (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT �1'1l•!l'!t7'C X = TOTAL HOUSE ........................ seas�tAar::., .......... 2,504 DETACHED BUILDINGS X = (GARAGE/SHED) X = • TOTAL DETACHED BUILDINGS ............................... DRIVEWAY, PARKING X = AREAS, -SIDEWALKS, ETC. X = X = TOTAL DRIVEWAY, ETC ...... 11TIM my" ..... 1,580 DECKS Open decks (1/4" min. X = Opening between boards) with a pervious surface under are not X = counted as hardcover. X = TOTAL nEr►c ............... ............................... X = X = TOTALOTHER ..................... ............................... TOTAL HARDCOVER / IMPERVIOUS SURFACE .................... ............................... 4,084 UNDER OVER (indicate difference) ................................................ -- °S ..I ................. �2 6S • PREPARED BY DATE Z Revised 02126110 -696- yU R G QQ � - - - -- = --------------- _ - _._.__�,'• \may, F 3 _ __. 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As you know, Three Rivers Park District (Park District) operates the Dakota Rail Mark Haggerty Regional Trail along the southern boundary of the subject property, However, the • District 3 Park District does not own the abandoned railroad corridor in which the regional trail is located. The regional trail is operated via permit from Hennepin County Regional Railroad Authority (HCRRA), the owner of the abandoned railroad corridor. Dale Woodbeck, The Park District does not have any comments regarding the variance request from Vice chair an operations perspective and will defer to HCRRA to review the variance application District 4 with respect to potential adjacent landowner concerns. Please do not hesitate to contact me at 763 -694 -.7635 with any follow up questions. Rosemary Franxese District 5 Sincerely, Larry Blackstad, Chair Appointed Keiiy rlssman, Senior Manager of Planning Department of Planning and Development Barbara Kinsey C: /John Tripp, Senior Planning Analyst Appointed Hennepin County Regional Railroad Authority J: \DEVELOPMENT STAFF\Keiiy \Comprehensive Plan Review \Mound \03 -12 -2010 variance review.doc Cris Gears Superintendent • Administrative Center, 3000 Xenium Lane North, Plymouth, MN 55441 -1299 information 763.559.9000 • TTY 763559.6119 • Fax 763.559,3287 • www.ThreeR]versParks.org -704- March 15, 2010 Three Rivers MIA11 1 j 2010 Park District Board of Commissioners Ms. Sarah Smith Community Development Director City of Mound Mound City Hall Sara Wyatt District 1 5341 Maywood Road Mound, MN 55364 RE: Variance Request Case No. 10 -02 Marilynn Corcoran, District 2 Dear Ms. Smith: Thank you for the opportunity to comment on Variance Request Case No. 10 -02. As you know, Three Rivers Park District (Park District) operates the Dakota Rail Mark Haggerty Regional Trail along the southern boundary of the subject property, However, the • District 3 Park District does not own the abandoned railroad corridor in which the regional trail is located. The regional trail is operated via permit from Hennepin County Regional Railroad Authority (HCRRA), the owner of the abandoned railroad corridor. Dale Woodbeck, The Park District does not have any comments regarding the variance request from Vice chair an operations perspective and will defer to HCRRA to review the variance application District 4 with respect to potential adjacent landowner concerns. Please do not hesitate to contact me at 763 -694 -.7635 with any follow up questions. Rosemary Franxese District 5 Sincerely, Larry Blackstad, Chair Appointed Keiiy rlssman, Senior Manager of Planning Department of Planning and Development Barbara Kinsey C: /John Tripp, Senior Planning Analyst Appointed Hennepin County Regional Railroad Authority J: \DEVELOPMENT STAFF\Keiiy \Comprehensive Plan Review \Mound \03 -12 -2010 variance review.doc Cris Gears Superintendent • Administrative Center, 3000 Xenium Lane North, Plymouth, MN 55441 -1299 information 763.559.9000 • TTY 763559.6119 • Fax 763.559,3287 • www.ThreeR]versParks.org -704- ----- Original Message - - - -- • From: John.Tripp @co.hennepin.mn.us [ mailto :John.Tripp @co.hennepin.mn.us] Sent: Thursday, March 18, 2010 11:44 AM To: Sarah Smith Subject: RE: Variance Request Case No. 10 -02 It sounds like they are proposing to move the house further from our corridor and we have no concerns pursuant to the variance request. Thanks. John Tripp Sr. Planning Analyst Hennepin County Regional Railroad Authority 612 - 348 -9265 C, -705- Page 1 of 1 Sarah Smith • From: • • Sent: Thursday, March 18, 2010 7:05 PM To: Sarah Smith Cc: Subject: variance We live at 2248 Langdon Lane and were recently asked by our soon to be neighbors, Michael and Michelle Wood, if we would object to their application for a 5 foot front yard variance for the house they intend to build. After reviewing the plans with them, we decided we have no objections to their application for that variance. We look forward to having them as neighbors - they will be a welcome addition to Langdon Lane. Sincerely, Jackie & Wayne Davis 4/1/2010 -706- May 8, 1984 RESOLUTION NO. 84 -66 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE REQUEST FOR A 24 FOOT FRONT YARD VARIANCE FOR LOTS 6 & 7, BLOCK 1, MACK'S ADDITION, PID 114- 117 -24 43 0032 (2270 LANGDON LANE) WHEREAS, George J. Millford, Jeanne M. Olson and Edward J. Olson, the owners of property described as Lots 6 and 7, Block 1, Mack's Addition, PID #14- 117 -24 43 0032 and PID #14- 117 -24 43 0033 (2270 Langdon Lane), have applied for a variance in setback for the existing structure which is 6 feet, plus or minus, to the front property line in order to construct an addition to the rear of the structure and to do structural foundation renovation to the existing structure; and WHEREAS, the City Code requires a 30 foot front yard setback to the front property line; and WHEREAS, the Planning Commission has reviewed the request and does recommend the variance due to exceptional circumstances, applying to the property as the structure was in existence before the platted subdivision was approved and filed with the Hennepin County Recorder. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the 24 foot front yard variance upon the condition that Lots 6 and 7 be combined as one tax parcel for 2270. Langdon Lane, PID #14r- 117 -24 43 0032 and #14- 117 -24 43 0033., as the structure is encroaching onto Lot 7. The foregoing resolution was moved by Councilmember Paulsen and seconded by Councilmember Peterson. The following Councilmembers voted in the affirmative: Charon, Jessen, Paulsen, Peterson and Polston. The following Councilmembers voted in the negative: none. Attest. City Clerk -707- is r+ppi lcatlon no. DJ TY OF :MOD,N.D ee� -Pa i d - $.5D.. DO ION TO PLANNINC E ZONING COMMISSION e type the following information) Street Address of -Property 2270 Langdon Lane, Mound, MN 55364 Date filed Y-/,- ?y Legal Description of Property: Lots 6 and 7 Brock 1 14 -" 7 -24 443 0032 and Addition Mack's Addition PID No. .14- 117 -24 43 4033 Jeanne M. Olson, Edward J. Olson,. Owner Is Names George J.. Millford Day Phone No. 472 -5499 Address 227.0•Langdon Lane, Mound, MN 55364 . Applicant (if other than owner): Name Georjae J. Millford -Day Phone No. 472 -5499 Address 2259 Langdon Lane, Mound, MN 55364 Type of Request: (x ) Variance ( ) .Conditi.flnal Use -Permit ( ) .Amendment { ) Zoning -interpretation & Review ( ) .S.ign .Pe.rmit { ) Wetland Permit { ) P.-U.D. ( ) -Other *i f other, specify: •Present Zoning District -Existing. Use(-s) of -Property Family residence Has an application ever - been. mad -e for zoning, variance., or conditional other zoning procedure -for -this property? No -if s0, 'list list date(s) of application, action taken and provide Resolution No.(s) ., Copies of previous resolutions shall accompany present request. use permit or date(s) of certify that all -o-f the above statements and the statements contained in any required apers or plans to be submitted herewith are true and accurate. I consent to the entry in r upon the premises .descr-ibed .i.n _thi.s application by any .authorized 6ffic-ial of the City f P16und for the purpose-of inspecting, or-of post-i ng , ma i nta l -ni ng and removing such o.t -ices as .may be required by law. ignature of Applicant gip -. �t ),--. �' � Date 4/5/84 1-inri i ng -Commission Recommendation -: Date e.ciI Action: Resolution No. Da..te ^� -708- .Req,uest .fo -r Zon i nq Variance Procedure (2) Case # 3a� D. L:ocat i -on -of: Signs, easements, underground .0 -t-i l.i.ti-es -, .etc -. -E. Indicate -North compass direction • F. Any add- itional -informati -on as may reasonably be required by the City Staff and applicab -le - Sections of the Zoning Ordinance. I'l I . Request for a Zoning Variance A. All information below, a site plan' as - descr-ibed -1n -Part I1, and general application must be provided before a hearing will 'be scheduled. B. Does the present use of the property conform to all use regulations for the zone d i str i -ct in which it -is located? Yes No ( ) If "no ", specify each non - conforming use: C. Do the existing structures comply wi -th all a-rea hei-gl tf. and bulk regulations for the zone district in which it is.located? Yes (A`) No (' } If "no ", specify each non - conform -ing use: .-+4 D . Which -unique phys-i ca l - character i st i cs of the subject property prevent its reasonable use for any of the uses.perm1tted 'in that zoning district? ( ) .Too narrow ( ) Topography ( ) Soil ( ) Too. small ( ) Drai-nage .. ( ) Sub- surface ( ) Too shallow ( ) Shape ( R) Dther: "Specify: See following page for explanation • E. Was the hardship descri -bed above created by the action -of anyone travi-ng p- roperty .interests in the land after the Zoning Ordinance was adopted? Yes ( ) No (g ) If yes, .expl.ai.n-' -F. Was the hardsh-i -p - created by any other man -made change., such -as the .reloca- t i on of a road? Yes ( X) No ( ) If -yes, expl-a i-n-: See following page for explanation. G. Are the cond -i ti ons of-hardship for which you request a -var i-an -ce peculiar only to the property .described in this - petition? Yes (x) No ( ) .1-f -no, -row many -other propert -Fes are s -i -mil-a-rly affected? H. What is the "mi-ni-mum" modificati -on - (variance) from the area -bul -k regulati-ons that will permit you to make reasonable use of your land? (Specify, using maps, site plans with d1mens -ions and wr.i.tten explanation. Attach additional sheets, if necessary.) . N/A 1. Will .granting of the variance be materially detrimental -to property in the same zone, or to the - en- forcement of this ordinance? No • -709- Page 2 . ell Future improvements are planned as-follows: 1. Skinning the entire exterior of the present structure in ord -er to insulate all of the old'structure's walls, replacing siding. 'The attic has already been insulated. 2.. Updating electric and plumbing features in the present' structure., where deemed necessary or prudent. 3. Replacing old windows in p- resent structure, where deemed necessary or prudent. Section III. F. Was the hardship created by any other-man =made change, such as the relo- cation of _a -road? Yes. Explanation follows: It appears from Item 50 (Doc. No. 3149120) of the Abstract of Title to -Lots 6 and 7, Block 1, Mack's Addition, that on November 10, 1958, Walter M. Mack and Vera M. Mack, his -wife (owners and proprietors) donated and dedicated .to The Public all of Lot 33, Koehler's Second Addition to Mound and par -t of Lot 34., Ko.ehler's Second Addition to Mound., subject to Utility. and Drainage.easements- shown on an annexed plat.. Note: The plat is not annexed to the - present owners:. Abstract of Title. If the plat for Mack's Addition -was prepared and the street and cul -de -sac (as amended -in 1982) laid out in•1958, while the.original house was built in 1856, it is apparent that the house pre - dates said plat -by more than 100 year s, . Since the house pre -dates by so many years the plat that shows the cul -de sac, relief is requested from hardship under this unusual-situation-which was not intended or foreseen when the zoning ordinance was adopted.. It is apparent -that at -the time of the designation of the street and cul-de-sac on' Langdon Lane, the plat makers assumed that the .old house would be demolished by the time .street improvements were made to Langdon Lane. One of the neighbors has told • the owners that the neighborhood was led to believe in the early 1960's that Mr. and Mrs. Mack at that ,time did intend to demolish the house and build a new, grand structure. Financial considerations were reported to have aborted that plan. -710- Jl2Y_ -711- - La r� .. C... 43 E AN a N Ci V 0 f V � Aq o - 3JN7� NttQ��y�' ty h � �• r C i cn. m d V c " y� , `� fw .r-t F: N t~ . wt O -711- • • x°r � 61 9x3.92 J I , Q i � 1 i CERTIFICATE OF SURVEY FOR MICHAEL WOOD DESCRIPTION BLOCK 1 5 Lot 6, Block I, MACKS ADDITION Existing House X°Ip aj•�'y opo i 946.1 1 �f x 1 �•y. a , Existing Garage Bituminous Drive 1 "1.41 - 1 t II�yO' , ;t _ - - - �eee yptiY op)f'1 ��sWater y ' arvicl' e� m � 6,ium' f � ♦�' t` it ' w6 aU4 bd i ' I lV 1 60 N 946.0 C 1' 9482 xx - 11 6 67.9 946.7X ' , , t • '�Q i , ,' I t (n , , nn 1' 940.7)4 a' 1 «tr 940.0x it `. - �� •'�� '' t -- "y Drainage :B �� ' u (9'/ 1.4) ! 001104 123_90 -- °50 104 940 ----------------- o ' SAN MH TR •942.7 PROPOSED TOP OF FOUNDATION • 949.0 BENCHMARK PROPOSED'GARAGE FLOOR • 948.7 Top nut of Hydrant on west side of Longdon Lane near south end of Longdon Lane. PROPOSED BASEMENT FLOOR • 941.0 Elevation • 947.4 1 hereby certify that this Survey, Plan or Report was pr epdred by an or under my direct supervision and that 1 am o duly licensed Land Surveyor under the lows of The State of Minnesota. PELLMN LAND SURVEYD Jeff 4 1KR Rcusch D9re:t� /9 J'4 /� / P 0 Box 3"J L lc. No. 0�7'• Hutchinson, Minnesota 55: —712— Phone (320) 887 -4789 LOT COVERAGE W.00 LOT AREA • 21507 Square Feet Building Footprint Area as shown 2504 Sq Fr (inciudes covered Porch) I Driveway and sidewalk area as shown • 1580 Sq Ft 1 (Includes concrete pads 0 doorways) 9 Future Deck Area 271 Sq Ft I b I Allfa 0 — /0 20 40 `'' ✓� / � 943.41 SCr7 119 is /BI?/ nPI Existing Gargl• I I 1 -- - i S\! 1 b 1 The orientation of the bearings shown on this survey are based on the Hennepin County Coordinate System NAD83 ( 1996). bs DY ' H4 Oat Illachmork SAI 1 M� • Denotes Iron monument found i M bb Inv O Denotes iron monument set �TM� I I 94324 --,'p x4,B4 -- - - — - - - 945--- - - - - -- Denotes existing contour line Catch (I foot contour Interval) I GL 942. tic I Irn 939. x Denotes existing spot elevation \ gag. 294 urcn 8 940 - - - - Bast. (946.0) Denotes proposed elevation ' Inv 9 I 84f:37 — 946'_ Denotes proposed contour line 942.8 �F At I Y W1 1 I I I I s4s.r� I g - - - - - - - - - - -9 - `7 39 yg ' �', j SRO. _ 938 I I _ 939 941 1 AN MI t9.9a2.a -713- Executive Summary � Hoisington Koegler Group Inc. ®a ®® TO: Mound City Council, Planning Commission and Staff FROM: Rita Trapp, Consulting City Planner DATE: April 20, 2010 SUBJECT: PC Case 10 -11, 4309 Wilshire Boulevard Variance Request REQUEST SUMMARY The applicant has requested two setback variances to allow for the removal and replacement of the existing home at 4309 Wilshire Boulevard. The property is located on the east side of Wilshire Boulevard just before the bridge to Spring Park. One variance request is to allow the home to continue to be within the 50 foot setback of Lake Minnetonka's ordinary high water level (OHWL) of 929.4 feet. The second variance is to allow the eaves to encroach into the front is (west) and side (south) setback areas. RECOMMENDATION • As directed by the City Council, staff has prepared the following two resolutions: one resolution approves the variance request to build within the 50 feet ordinary high water level setback area. A separate resolution for denial was prepared regarding the extension of the eaves into the required yard areas on the west and north. ADDITIONAL COMMENT The City of Mound executed a 60 -day extension regarding action on the variance application as provided by Minnesota Statutes 15.99 on March 3, 2010. Copy attached. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -714- CITY OF MOUND RESOLUTION # 10- RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 4309 WILSHIRE BOULEVARD P & Z CASE # 10-11 PID # 19- 117 -23 -13 -0012 WHEREAS, the applicant, TEA2Architects, has submitted a variance request on behalf of the property owners to allow an ordinary high water level (OHWL) setback of 22.5 feet on the east and 22.3 feet on the north to allow for the replacement of the existing home at 4309 Wilshire Boulevard; and WHEREAS, the subject property is zoned R -1A Single - Family Residential which requires an ordinary high water level setback of 50 FT; and WHEREAS, details regarding the variance application are contained in Planning Report No. 10 -11; and • WHEREAS, Staff recommended approval of the submitted variance request; and WHEREAS, the Planning Commission reviewed the application at its March 2, 2010 meeting and recommended approval as recommended by Staff; and WHEREAS, at its April 13, 2010 meeting, the City Council in their review of the proposed project and through their discussion with the applicant found practical difficulties for the property owner which could be relieved through the granting of a variance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City Council does hereby approve the variance request to have a 22.5 foot ordinary high water level (OHWL) setback on the east side and 22.3 foot ordinary high water level (OHWL) setback on the north side to allow the replacement of the existing house, based on the following findings of fact: a. The conditions of the site are unique. The property's size and location with Lake Minnetonka on two sides limits the buildable area of the site. b. The applicant is proposing to generally reuse the existing foundation • which was built prior to current code regulations. -715- 0 c. The proposed changes are reasonable and will slightly improve the non - conformity in the lakeshore setback area by 69 square feet. d. The conditions of City Code Chapter 129.39 are being met. 2. The variance is hereby approved subject to the following conditions: a. Applicant shall ensure that there is a crawl space or slab on grade for all parts of the home. If the area where the status is unknown does not have a crawl space, one shall be excavated and built so the new elevation is not lower than 933. b. The applicant shall work with the Engineering Department to implement appropriate techniques to address stormwater management on the property. This shall include, but not be limited to: 1. A reduction in the size of the north accessory parking area from its pre- reconstruction size to increase its distance from the lake and reduce the amount of hardcover on the property. 2. The submission of a grading and drainage plan which is approved by the City Engineer. 3. The use of City approved best practices, such as filter strips or permeable materials, for any impervious areas which are closer than 20 feet to the top of the lake embankment. 4. The installation of gutters and downspouts as appropriate. c. Applicant shall be responsible for payment of all costs associated with the variance request. d. 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. e. Applicant shall submit all required information upon submittal of the building permit application. f. Applicant shall be responsible for procurement of any and /or all permits. g. Applicant shall be responsible for procurement of any and /or all public agency permits including the submittal of all required information prior to building permit issuance. h. The applicant shall be responsible for recording the resolution(s) with Hennepin County. L No building permits will be issued until evidence of recording of the resolution(s) and easement(s) has been provided to the City by the • applicant. -716- j. No building permits will be issued until any and /or all fees associated . with the land use application have been paid unless an escrow deposit of sufficient amount is on file with the City. k. The conditions of City Code Chapter 129.39 are being met. 3. This variance is approved for the following legally described property: That part of Lot A long Northeasterly of follow descn"bed line: Commencing at the Southwesterly corner of said Lot A, thence Northeasterly along the Northwesterly line of said Lot A 60 feet to point of beginning of maid described line, thence Southeasterly deflect right 96 degrees to the Southeasterly lure of said Lot A and said line there terminating, EXCEPT that part lying Northeasterly of a line described as beginning at a point in said Northwesterly line of Lot A distant 1 ill feet Northerly of Southwesterly corner thereof, thence Southeasterly to a paint In Easterly line of said Lot A distant 2015 feet Northerly from Southeast corner thereof and there terminating. "The First Re— arrangernent of Phelps' Island Park --"Ist Div' 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 April 27, 2010 Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor -717- LJ • • CITY OF MOUND RESOLUTION # 10- RESOLUTION DENYING A VARIANCE FOR THE PROPERTY LOCATED AT 4309 WILSHIRE BOULEVARD P & Z CASE # 10-11 PID # 19- 117 -23 -13 -0012 WHEREAS, the applicant, TEA2 Architects, has submitted a variance request on behalf of the property owners to allow the eaves of the proposed house to encroach into the setback areas by 2 feet on the front (west) and 1.5 feet on the side (south); and WHEREAS, the subject property is zoned R -1A Single - Family Residential; and WHEREAS, details regarding the variance application are contained in Planning Report No. 10 -11; and . WHEREAS, Section 129 -197 (c) (1) states that eaves shall not be considered an encroachment on yard requirements as long as they do not extend more than two feet into the required yard area; and WHEREAS, the applicant is requesting to extend the eaves a total of 4 feet in the front (west) and 3.5 feet on the side (south); and WHEREAS, Staff recommended denial of the submitted variance request; and WHEREAS, the Planning Commission reviewed the application at its March 2, 2010 meeting and recommended denial as recommended by Staff; and WHEREAS, at its April 13, 2010 meeting, the City Council, in their review of the proposed project and through their discussion with the applicant, did not find hardship or practical difficulties on the property that could be relieved through granting of a variance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City Council does hereby deny the variance request to allow eaves to extend into the required yard area by 2 feet on the front (west) and 1.5 feet on side (south), based on the following finding of fact: The variance has not been minimized as there are alternative designs is which would meet the requirements and intent of the zoning code. -718- 2. This variance is denied for the following legally described property: • That part of Lest A lying Northeastedy of follow described line: Commencing at the Southwesterly corner of said Lot A, thence Northeasterly olo ng the Northwesterly line of said Lot A 60 feet to point of beginning of said described line, thence Southeasterly deflect right 86 degrees to the Southwestery line of said Lot At and void line there terminating, EXCEPT that part Deng Northeasterly of a line described as beginning at a point in said Northwesterly line of Lot A distant 180 feet Northerly of Southwesterly corner thereof, thence Southeasterly to a point In Easterly line of soli Lot. A distant 205 feet Northerly from Southeast corner thereof and there terminating, 'The First Re— arrangement of Phelps' Island Park -1st Div." 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 April 27, 2010 Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor -719- • n U • MEMORANDUM TO: Mayor and Council Members FROM: Jim Fackler, Park Superintendent DATE: April 20, 2010 RE: Public Lands Permit — 4921 Island View Drive At the April 15, 2010 Docks and Commons Commission meeting the Commission discussed a Public Lands Permit submitted by Tom and Kim McReavy • requesting permission to replace an existing cinderblock retaining wall on Devon Commons. The Commission recommended approval of this request. Below is an excerpt from the meeting minutes: Discuss: Rip Rap and Retaining Wall Request — 4921 Island View Drive Fackler stated a Public Lands Permit was received to replace rip rap and a cinder block retaining wall at 4921 Island View Drive. He recommended the commission consider replacing the rip rap from the dock fund since the rip rap on this property is in worse condition than the rip rap at 4849 Island View Drive. MOTION by Osmek to recommend to the City Council the replacement of 40' of rip rap as a project funded by the dock fund. SECOND by Gardner. MOTION carries unanimously. The Public Lands Permit submitted will be changed to request only the replacement of the cinder block retaining wall, and not include the rip rap request. The retaining wall would be at the owner's expense. Fackler summarized staff comments. MOTION by Osmek approve Public Lands Permit for retaining wall replacement subject to staff conditions. SECOND by Schmidt. MOTION carries unanimously. -720- PUBLIC LANDS REPORT TO: Docks and Commons FROM: _ - -Jim Fackler, Park DATE: April 9, 2010 SUBJECT: Public Lands Permit Application APPLICANT: Tom & Kim McReavy LOCATION: 4921 Island View Dive REQUEST: Replace existing riprap and cinderblock retaining wall at Devon Commons abutting the property located at 4921 Island View Drive. 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: '.57►48 0 is U Jim Fackler, Park Superintendent: 1. The City must approve the contractor to be used and will meet onsite with the contactor. 2. The City will be the applicant to the MCWD for permits. 3. Any cost incurred for permits, construction or additional costs after work completion by applicant to bring to MCWD standard is the responsibility of the applicant. 4. City staff will be notified when the work is to be started. - - 5e-7- City staff will make inspection(s) during the construction.----- - - - - -- 6. Staff recommends that based on the applicant agreeing to all construction costs that the Public Land fee be waved. Sarah Smith, Community Development Director: 1. The photos of the subject site depict an existing retaining wall and evidence of previous rip rap on the shoreline which are proposed to be replaced due to their condition and to prevent further degradation along the shoreline. 2. No clear cutting; selective cutting only subject to approval by Park Superintendent with activities to be consistent with the City Code including Mound's shoreland regulations. 3. No filling or grade alteration at or below 931.5 elevation is allowed unless a separate floodplain alteration permit is approved by City Council. It appears the retaining wall is outside of the 100 -year floodplain area(s) but will need to be confirmed prior to any permitting activities and construction start, if applicable. Applicant to work with Planning and Engineering Technician Ray Hanson regarding same. 4. Retaining wall(s) walls are allowed subject to other governmental provisions within the 50 FT lakeshore setback area; retaining walls over four (4) feet require a building permit including the submittal of engineered plans prepared by a professional engineer. 5. Applicant is advised that a grading permit may be required subject to requirements of the City Code in Mound's shoreland regulations. Applicant to work with Planning and Engineering Technician. 6. Appropriate sediment and erosion control measured must be maintained on site until such time as vegetation has been established and/or subject area has been properly restored. Applicant to coordinate involved erosion control activities with Planning and Engineering Technician. 6. Applicant is required to obtaining any and/or all required permits from involved agencies including but not limited to the MCWD. Ray Hanson - Engineering/Planning Technician: No Comments • -722- SITE INSPECTION i City Officials and Board Members are encouraged to visit the site prior to the meeting. RECOMMENDATION Staff recommends approval of this permit with conditions noted above. CITY COUNCIL REVIEW Is required. ATTACHMENTS: • Public Lands Permit Application dated April 8, 2010 • Map • Photographs • • -723- Date April 8, 2010 Imp— Land Use Application Department and Public Agency Routing and Comment Form Directions: Review and Comment - Return to Vicki Weber by Friday, April 9, 2010 Description: - - _ - Replace 40' of existing riprap and deteriorating cinderblock wall Devon Commons Applicant: Tom and Kim McReavy Property Address: 4921 Island View Drive Public Hearing: No Docks Commission Date: 4 -15 -10 City Council Date: 4 -27 -10 City _Public Agencies Sarah Smith, Commun. Devel. ❑ Carlton Moore, PW Director ❑ Greg Skinner, PW Supervisor Jim Fackler, Parks Superintendent Ray Hanson, Engineering /Planning Technician ❑ Other COMMENTS: -724- PUBLIC LANDS tc#� APPLICATION Ado 5341 Maywood Road, Mound, MN 55364 Phone 952 -472 -0600 Fax 952 -472 -0620 Date Received Parks and Open Space Commission Date City. Council Date Docks and Commons Commission Date DISTRIBUTION Building Official Parks Director --DNR Public Works Other Check One. ❑ CONSTRUCTION ON PUBLIC LAND PERMIT — new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER. BUILDINGS ON PUBLIC LAND - City Code Section 62 -11(a) & (b). ❑ PUBLIC LAND MAINTENANCE PERMIT — to allow repairs to an existing structure - City Code Section 62- 11(c). ❑ CONTINUATION OF STRUCTURE — to allow an existing encroachment to remain in an "as is" condition - City Code Section 62- 11(g). LAND ALTERATION — change in shoreline, drainage, slope, trees, vegetation, fill, etc. - City Code Section 62- 11(d). Fhe structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, Sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance, which neans that those structures will at some time in the future have to be removed from the public lands. All permits are 3ranted for a limited time and are non- transferable. Stairway construction must meet the State Building Code when the )ermit is for new construction, or a new permit is applied for due to a change in dock site holder. Please tvDe or Drint leaibly APPLICANT Name�0rA i K,n (ric20AV z Email VI-M rnc-Q0 AV;�.&LmSnl.Coot Address'702 ( T-S /A4() v,• ei-J D 2 0\041i S6'34041 Phone (H)Vo'Z 8711 $40- (W) (M) QSdt alo I�A?f ABUTTING Address Q Q ;L 1 5 LA,,n . V ta. PROPERTY LEGAL Lot Block DESC. Subdivision PID # �S -• �1� 2 �Z� Zoning: R1 R1A R2 R3 131 62 63 (Circle one) Public Lands Permit Application Page 1 of 2 Revised 312312010 -725- 0 Name PUBLIC PROPERTY` Dock Site # Email Shoreline Type CONTRACTOR Name Email tA0(zv, ; — " 1,ozi coscePT LA tAp (0 Address Phone (H) W (M A FEE OF $200.00 APPLIES IF VALUATION OF PROJECT EXCEEDS $1,000.00 AND NO PUBLIC BENEFIT IS DERIVED. PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) $ (01000 .00 eri DESCRIBE REQUEST& PURPOSE R—(ZPA1(Z, AIPRAP 0f-J U411 W"-Tnp SArAC- Applicant's Signature Date �4 Public Lands Permit Application Page 2 of 2 Revised 312312010 -726- Hennepin County Property Map - Tax Year: 2010 The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepanchm The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this information or its derivatives. 1933 An 4925 ��.�/ 3245+,�� 4884,, -r 4929 4921 40 �1+, ti +�- 4924 40 4Q 106 913 24 0 5r1t �� r 4 909 2 • 4 0\7 f e 2) l f.- 4928 ; / -c , 1' 1 b /� r ! �t r V r! 4921 f 't } r� 4925 a. N13 0 ` :.. ` 1 17 rl 15' 4 -4931 ,`4937 -1 r { \\ r Y4 s`y R;dM.xXx3yXFav'RF" %!8°�. 7�5°w+r?f'i.�f.K% v, Selected Parcel Data Date Printed: 4/6/2010 3:20:19 PM Parcel ID: 25- 117 -24-11 -0124 Current Parcel Date: 4/5/2010 Owner Name: T MCREAVY & K MCREAVY Parcel Address: 4921 ISLAND VIEW DR, MOUND, MN 55364 Property Type: RESIDENTIAL LAK Sale Price: $340,001.00 Homestead: HOMESTEAD Sale Date: 10/2009 Area (sgft): 7762 Sale Code: Area (acres): 0.18 • A-T -B: TORRENS Market Total: $478,000.00 Tax Total: $5,359.08 -727- • 9 .? f f�Anc B >ry G We hereby submit specifications and estimates for: _11d. NAME JOB LOCATION PLANS JOS PH©NE Install _ 40 _ In. ft. Fieldstone Boulder Rip Rap 6 ". to 24" full compliment includes H.D. filtration barrier fabric 3601 =B filter rock and class 4 boulders (Standard Rip Rap) 09, Install f{ o In. ft. Fieldstone Boulder Rip Rap 6" to 30" full compliment includes H.D. filtration barrier fabric 3601 -B filter rock and class 4 boulders (Large size with buried toe) Freshen existing rip -rap In. ft., sort rocks and �d rock as necessary to existing rip -rap $ 34)00,_0,_0 $ to ©©c, ov Permitting, Bonding, Drawing and processing $ ° Install In. Ft. 11/2" Mn. River Rock and edging.. $ Install x x Sand blanket 1S cL '� yC O I.J Di) We Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made as follows: dollars ($ 30% down, Balance day of completion All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifiea- Authorized tions involving extra costs will be executed only upon written orders, and will become an Signature extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Note: this pr posal maybe Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. Acceptance of Proposal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do Signature the work as specified. Payment will be made as outlined above. Date of Acceptance: _ -728- i n r } v a _a ;J � s M - q w. T7 f r` a Y r sap { GI �� 6q ,CS X',°+'��%v }£ sk J� ,c y�,3 �£,� :Y,d """� /_-n'! J " � f ds aj 1 A xr r �y r f y� / CITY OF MOUND • RESOLUTION NO. 10- RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR 4921 Island View Drive WHEREAS, the applicant is seeking Public Lands Permit to replace a cinder block retaining wall on Devon Commons, WHEREAS, City Code Section 62 -10, 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 City Council considered this request at their meeting of Tuesday, April 27, 2010, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve the Public Lands Permit as submitted by Tom and Kim McReavy for 4921 Island View Drive with the following conditions: 1. No clear cutting; selective cutting only subject to approval by Park Superintendent with activities to be consistent with the City Code including Mound's shoreland regulations. 2. No filling or grade alteration at or below 931.5 elevation is allowed unless a separate floodplain alteration permit is approved by the City Council. It appears the retaining wall is outside the 100 -year floodplain area(s) but will need to be confirmed prior to any permitting activities and construction start, if applicable. Applicant to work with Planning and Engineering Technician Ray Hanson regarding same. 3. Retaining wall(s) are allowed subject to other governmental provisions within the 50 ft lakeshore setback area; retaining walls over four (4) feet require a building permit including the submittal of engineered plans prepared by a professional engineer. 4. Applicant is advised that a grading permit may be required subject to requirements of the City Code in Mound's shoreland regulations. Applicant to work with Planning and Engineering Technician. 5. Appropriate sediment and erosion control measures must be maintained on site until such time as vegetation has been established and /or subject area has been properly restored. Applicant to coordinate involved erosion control activities with Planning and Engineering Technician. 6. Applicant is required to obtain any and /or all required permits from involved agencies including but not limited to the MCWD. n U -733- 9 Adopted by the City Council this 27th day of April, 2010. Attest: Bonnie Ritter, City Clerk • • -734- Mayor Mark Hanus 5341 Maywood Road Mound, MN 55364 Mound (952) 472 -3190 Public Works Department MEMORANDUM To: Honorable Mayor and City Council From: Carlton Moore, Director of Public Works Catherine Pausche, Finance Director Date: April 27, 2010 Subject: Approval of State Energy Grant and Consultant Contract Background The City applied for and received an energy efficiency and conservation block grant from the Minnesota Department of Commerce. The grant has a maximum of $100,000 and will be used for upgrades to City facilities including the HRA Indian Knoll Manor building. The City will have a net match commitment of $24,493 for the grant, which should be recaptured in the form of utility savings. In addition, it is recommended that the City execute a contract with Kandiyohi Development Partners to manage and oversee the construction of the proposed improvements. Kandiyohi has assisted the City in its application to the State and has completed all the calculations for the energy savings and costs of improvements. Staff does not have the expertise to manage this contract as it involves very high tech controls for the HVAC systems. Discussion The proposed energy improvements include upgrades to HVAC systems, insulation, lighting, and hot water heaters in all six of the buildings owned by the City. The energy cost savings show between a 2 and 3 year payback and will reduce the City's energy consumption by 303,458 KWh annually. It is anticipated that the construction under this grant will commence early summer and be completed in about a month. Recommendation Staff recommends the City Council authorize execution of the grant agreement with the State of Minnesota, Department of Commerce for receipt of the Energy Efficiency and Conservation Block Grant and authorize execution of the contract with Kandiyohi Development Partners to manage and oversee the grant and construction contract. LJ -735- • Exhibit K STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its commissioner of Commerce ( "State ") and «Organization », ((Addressl )), «Address2 », ((City)), «State» ((Zip)) ( "Grantee "). Recitals 1. Under Minnesota Statute §216C.02 Subdivision 1, the State is empowered to enter into this grant. 2. The State is in need of assistance in the promotion of renewable energy resources. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: «Effective », or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: «Expires », or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will execute the duties set forth in Exhibit A, incorporated herein by reference. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1. Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: 4.1.1. Compensation. The Grantee will be paid the lesser of WORD WORD dollars (((Comp_))) or Word percent (0 %) of actual eligible costs incurred in the performance of the Grantee's duties according to the breakdown of costs contained in the grant budget (Exhibit B) which is attached to and incorporated into this grant contract. 4.1.2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed WORD WORD dollars (((Travel_))) or WORD percent (0 %); provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. 4.1.3. Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed WORD WORD dollars (((Total_))). 4.2. Matching Requirements. The Grantee certifies that the following matching requirement for the grant contract will be met by Grantee: No less than WORD percent ( «Match_ ))%) of the total actual, eligible costs incurred in the performance of the Grantee's duties specified in Exhibit A. Department of Commerce — OES- 12142009- EECBGOI 45 -736- 4.3. Payment 4.3.1. Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the schedule as outlined in Exhibit A. 4.3.2. Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through Title III, part D, of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq. and amendments thereto; CFDA No. 81 -041. Payments under this grant contract also include funding from the American Recovery and Reinvestment Act of 2009 (ARRA). The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is aState_Contact », «State_Title », «State_Phoneo, or their successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is «Rep_1» «Rep 2», aRep_Title», «Rep_Phone ». If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the is State. Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. §16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and /or the State Auditor or is Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. Department of Commerce — OES- 12142009- EECBG01 -737- 46 10 Government Data Practices and Intellectual Property • 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1. Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or . jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2. Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the STATE. The STATE may cancel this grant contract at any time, with or without cause, upon 30 days written notice to the GRANTEE. Upon termination, the GRANTEE will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The STATE may cancel this Grant Contract immediately if the STATE finds that there has been a failure to comply with the provisions of this Grant Contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The STATE may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this contract if: 1) funding for Grant No. ((US_DOE Grant* is withdrawn by the US Department of Energy; 2) it does not obtain funding from the Minnesota Legislature, or other funding source; 3) or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. Department of Commerce — OES- 12142009- EECBG01 47 -738- 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat §§ 16A.15 and 16C.05 Signed: Date: CFMS: 2. ((ORGANIZATION)) The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: 3. MN DEPARTMENT OF COMMERCE Individual certifies thatfunds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: Title: Date: Distribution: MN Dept. of Commerce, Accounting Dept. Grantee State's Authorized Representative (copy) Department of Commerce — OES- 12142009- EECBG01 48 -739- 0 • is • • • Kan mi oni Iubons for a small planet. 250 Marquette Avenue, Suite 1350 Minneapolis, MN 55401 612.455.2177 612.332 -6500 fax CONSULTING SERVICES AGREEMENT This Consulting Services Agreement (the "Agreement ") is entered into between Kandiyohi Development Partners, LLC ( "KANDIYOHI "), with offices located at 250 Marquette Avenue, Suite 1350, Minneapolis, MN 55401 and the City of Mound ( "Mound ") with main offices at 5341 Maywood Road, Mound, MN 55364 collectively, the "Parties" or individually "Party" on April 28, 2010 (the "Effective Date "). In consideration of the mutual obligations set forth below, the Parties hereby agree to the following terms and conditions. 1. Services. 1.1. Scope of Work. KANDIYOHI will provide professional services to Mound to assist it with completion of all state grant contract documents and reporting requirements by the applicable deadlines in order for Mound to receive the full state grant funding available to them through the State of Minnesota's Energy Efficiency and Conservation Block Grant Program. KANDIYOHI is familiar with the provisions of Title III, Part D of the Energy Policy and Conservation Act, and the American Recovery and Reinvestment Act (ARRA) of 2009, and will comply with those provisions in carrying out the scope of services in this Agreement. KANDIYOHI will coordinate its activities with the applicable independent contractors and City of Mound staff including participation in pre - implementation briefings and planning meetings involving all appropriate persons on the requirements and obligations of the state grant contract. A more detailed list of anticipated services to be provided by KANDIYOHI as part of this Agreement is included as Attachment A and incorporated by reference. 1.2. Estimates and Changes. This Agreement includes services provided by KANDIYOHI. All statements and agreements concerning hours of work are good faith estimates based upon information available and circumstances existing at the time made. Either Party will be entitled to propose changes provided that it is mutually acknowledged that any such change affecting fees or charges payable and /or the project schedule must be agreed to in writing by both Parties. 1.3. Standard of Care and Warranty. Services performed by KANDIYOHI under this agreement will be conducted in a manner consistent with the level of care and skills ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. No other warranty express or implied, is made or intended by the agreement for consulting services. KANDIYOHI represents that the data, opinions and recommendations of KANDIYOHI are based solely on the data and best judgment available to KANDIYOHI at the time. 2. Service Fees and Billing. -740- 2.1. Project Fees. Mound will pay KANDIYOHI on a time and materials basis not to exceed $5,000. Kandiyohi will bill Mound and Mound will pay KANDIYOHI within ten (10) business days of its invoicing for services provided under this Agreement. 2.2. Sole Contractor. KANDIYOHI will utilize its own staff and expertise in completing all necessary paperwork and documentation required by the state and will otherwise be responsible for direct payment of any other contractors or vendors and related expenses that may be incurred by KANDIYOHI in providing the services in this Agreement. 2.3. Invoices. KANDIYOHI may accrue interest, at a rate equal to the lesser of 1.5% per month (or part thereof) or the maximum legal rate permitted, on the amount shown on any invoice that is paid later than thirty (30) business days after the date of the invoice. KANDIYOHI will have no obligation to perform any Services when any amount required to be paid by Mound remains due and unpaid beyond the date such amount is due. 2.4. Income tax payments. Any and all income tax returns filed by KANDIYOHI with either the Federal or State governments will be prepared in accordance with the terms of this Agreement; that is, those returns will indicate that all income KANDIYOHI receives as a result of this agreement is income earned as an independent contractor and not as an agent or employee of Mound. Because KANDIYOHI is not an agent or employee, Mound will not withhold monies from KANDIYOHI's job price payments for Federal or State income tax purposes nor make any payment or contribution in KANDIYOHI's name for purposes of social security, unemployment compensation, worker's compensation or any other similar purpose. 3. Ownership. Mound will retain all property right, title, and any interest in any research, . written product, and electronic information produced or developed by KANDIYOHI pursuant to this Agreement. KANDIYOHI will retain the right to use non - proprietary or non - current information produced by KANDIYOHI as examples of the type of historical work performed by KANDIYOHI. 4. Term and Termination. 4.1. Term. The duration of this contract is from the Effective Date to March 31, 2011. 4.2. Termination. Mound may terminate this contract at any time upon written notice to KANDIYOHI. In the event of termination, Mound will compensate KANDIYOHI for all billable hours accrued up to the termination date and reimburse for all expenses incurred up to and including the termination date. 5. Nondisclosure. In the course of performing the Services, KANDIYOHI may have access to confidential information provided by Mound or individuals and organizations working with Mound. KANDIYOHI agrees not to use or disclose any confidential information to third parties, including "trade secret" provisions protected by State law. KANDIYOHI will hold confidential all business or technical information obtained from Mound or its project partners or generated in performance of the services under this agreement and identified as "confidential" and will not disclose such information under this agreement without Mound's consent. KANDIYOHI's obligation hereunder will not apply to information in the public domain or lawfully acquired on a non - confidential basis from others. 6. General. 0 Page 2 of 5 -741- 6.1. Substitution of Project Team Members. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed by KANDIYOHI. 6.2. Waiver. The failure of either Party hereto to insist upon strict performance of any covenants or obligations hereunder, irrespective of the length of time for which such failure continues, shall not be a waiver of that Party's right to demand strict compliance in the future. No express or implied consent to, or waiver of, any breach or default of the performance of any obligations hereunder shall constitute a consent to, or waiver of, any other breach or default in the performance of the same or any other obligations hereunder. No term or provision of this Agreement will be deemed waived and no breach will be deemed excused, unless such waiver is in writing and signed by the Party claimed to have waived. 6.3. Governing Law. This Agreement is governed by and construed in all respects in accordance with the laws of the State of Minnesota (without regard to conflicts of law principles). 6.4. Independent Contractor. KANDIYOHI is providing the services under this Agreement as an independent contractor, and its personnel will not be considered employees or agents of Mound. KANDIYOHI will select the personnel to provide the services and may reassign personnel provided such reassignment does not impede the performance or schedule of services. 6.5. Publicity. Both Parties shall have the right to disclose the relationship between J &B and KANDIYOHI, including the execution of this Agreement. KANDIYOHI may generally reference Mound and this Agreement within its corporate communication /marketing materials and web site to identify Mound as a client. 6.6. Severance and Interpretation. If any provision of this Agreement is found to be illegal or unenforceable, such provision will be deemed to be deleted or narrowly construed to such extent as is necessary to make it enforceable and this Agreement will otherwise remain in full force and effect. 6.7. Notices. All notices required or permitted under this Agreement and all requests for approvals, consents, and waivers must be delivered by a method providing for proof of delivery. Any notice or request will be deemed to have been given on the date of delivery. Notices and requests must be delivered to the Parties at the addresses in this Agreement until a new address has been designated by notice to the other Party. 6.8. Force Majeure. KANDIYOHI will not be liable to Mound for failure to perform an obligation under this Agreement, if said failure to perform is caused by circumstances reasonably beyond the control of KANDIYOHI. Such circumstances include without limitation strikes and labor problems, floods, fires, explosions, transportation or shipping problems, civil unrest, embargoes, government actions, natural disasters, wars and terrorist attacks. 6.9 Insurance. KANDIYOHI shall at all times during the performance of this Agreement provide insurance as required by Mound. 6.10 Indemnification. To the fullest extent permitted by law, KANDIYOHI shall indemnify and hold harmless Mound its officers, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the project, provided that such claim, Page 3of5 -742- damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of KANDIYOHI, KANDIYOHI'S subcontractor or anyone for whose acts RANDN01 -11 or KANDIYOHI'S subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6.11 KANDIYOHI is familiar with the State of Minnesota EECBG Grant Agreement requirements and agrees to comply with the terms of any such Agreement entered into between Mound and the State of Minnesota for purposes of carrying out the activities under this Agreement. SIGNATURE PAGE TO FOLLOW AS ENTERED INTO BY THE PARTIES HEREIN: KANDIYOHI DEVELOPMENT PARTNERS, L.L.C. CITY OF MOUND By: Michael Krause By_ 0 It's: Managing Principal Its Phone: 612 - 455 -2177 Phone: Email: Michaelk @kandiyo.com Page 4 of 5 -743- • • Page 5 of 5 -744- CITY OF MOUND S RESOLUTION NO. 10- RESOLUTION AUTHORIZING EXECUTION OF ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT AGREEMENT WHEREAS, the City applied for and received an energy efficiency and conservation block grant from the Minnesota Department of Commerce; and WHEREAS, the maximum amount of this grant is $100,000 and will be used for upgrades to City facilities including the HRA Indian Knoll Manor building; and WHEREAS, the City will have a net match commitment of $24,493 for this grant; and WHEREAS, the City has received a consulting services agreement for assistance in implementation of this grant, from Kandiyohi Development Partners; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to authorize execution of an Energy Efficiency and Conservation Block Grant Agreement with the Minnesota Department of Commerce for receipt of the Energy Efficiency and Conservation Block Grant. BE IT FURTHER RESOLVED to authorize execution of a contract with Kandiyohi Development Partners to manage and oversee the grant and construction contract. Adopted by the City Council this 27th day of April, 2010. • Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk -745- r q H 10 01 140L 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: 4/27/2010 Re: April 27, 2010 City Council Consent Agenda Add -On Item - Placement /Use of Portable Sign Summary. Police Chief Jim Kurtz is requesting approval of a temporary sign permit to allow placement of a portable sign at the Mound Public Safety building for the purpose of recruiting Mound Police Reserve Officers from April 29th thru May 10th which extends beyond the standard allowance of 10 days. Discussion. Portable Siens. A portable sign, for the purpose of directing the public, may be permitted if the sign is coincidental to, or used in conjunction with, a governmental unit or quasi- public function; the placement of a portable signs on public property requires City Council approval. Refer to submitted temporary sign permit application. The portable sign is proposed to be located in front of the building along Wilshire Boulevard so as to be visible to both north and south bound traffic; also pedestrians. Recommendation. City staff recommends that the City Council approve the temporary sign permit request by the Mound Police Department for a portable sign, including an extended period beyond the 10 -day portable sign allowance, subject to the following conditions: 1. Signage shall be removed from the approved location as soon as possible following the temporary permit end date of May 10, 2010. 2. No signage can be placed upon private property unless permission has been received by the applicant and written documentation regarding same is provided to the City. 3. Portable sign placement is subject to review and approval by the City of Mound. No signage shall be placed in a location so as to affect vehicular and pedestrian traffic. The City of Mound reserves the right to modify sign placement on site. 4. As applicable, the applicant shall be required to obtain any and /or all required permits from other agencies including, but not limited to, Hennepin County. AL Q- 2� EASONAL, BANNER, & ORTABLE SIGN PERMIT 5341 Maywood Road, Mound, MN 55364 APPLICATION Phone 952 - 472 -0600 Fax 952 - 472 -0620 SITE Property Address ! Y \E 0VIS R) �0 L sq- �I /J- Zone Business Name Phone APPLICANT Name \bUAs- N F O ll' �__e e�- Email Phone Fax Other OWNER Name Phone Fax Other SIGN Company Name Address CONTRACTOR Contact Person Email Phone Fax Other See City Code Chapter 119-4 ❑ Seasonal Sign $25 - Dates from to Message Size feet x feet = sf Seasonal Signs - Seasonal signs of a temporary or portable nature may be used in the non - residential districts to promote or advertise on- premise seasonal services or merchandise. Such signs shall be limited to a maximum of thirty -two (32) square feet and shall not be left in place for more than a two (2) month period. Permits and fees shall be required for all seasonal signs, and permits may be issued no more than two (2) times per calendar year per business. ❑ Banner /Pennant $25 - Dates from to Describe event Sign locations (list or attach map) Temporary banners and pennants employed for grand openings of business establishments, special events or promotions and holidays are not exempt from permits and fees and shall be removed within fifteen (15) days upon permit issuance unless an alternate schedule is approved by the City Council. Temporary banners and pennants are prohibited from being placed upon any decorative fencing unless the banner or pennant is used in conjunction with a government, a quasi - public function, or similar - related special event. Permits for banners and pennants can be issued no more than four (4) times per calendar year. aPortable Sign (no fee) - Dates from / 'z 1ha to S 1,a I o Number of signs Sign locations (list or attach map) � 4/S W i 11 h il r-e— moo., /tUC�r -&4 0 V Describe sign (message, materials, etc.) ,J "i J ,°", Portable Signs used for the purpose of directing the public may be permitted under the following conditions: (a) Said sign is coincidental to, or used in conjunction with, a governmental unit or quasi - public function; and (b) The period of use of said sign shall not exceed ten (10) consecutive days; and (c) Signs shall not be used more than four (4) times during a calendar year; and (d) Signs shall be placed on the premises of the advertised event and /or on such other premises following approval of a temporary sign permit by the City of Mound. Administrative approval of a portable sign permit is permitted if the following conditions are met: 1. The sign is not being placed on public property. 2. Written permission from the property owner of record is provided if being located off - premises. 3. The criteria reference in subsections (a), (b), and (c) above are met. 4. The proposed location of the sign is reviewed and deemed acceptable by Mound Staff, which shall include the Police, Planning, and Engineering Departments, based on the following criteria: • The sign is not being placed in the road right -of -way. • The sign does not obstruct the sight triangle for pedestrian or vehicular traffic. • Placement of the sign does not create any potential traffic or other related hazard; and (e) Portable sign placement on public property requires City Council approval; and (f) Such signs shall require the issuance of a permit but will be exempt from all fees; and (g) In the instance of a multi -use facility, only one seasonal sign may be placed on the premises at any one time. Applicants are advised that incomplete applications or insufficient information can delay the processing of the permit request or may result in the application being rejected. Please fully complete all involved sections of the application and provide as much detail as possible, including, but not limited to, the proposed locations of signs, using addresses or landmarks, and written permission from the property owner for off -site locations. S SIGNATURE (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: L-(- z 6 ) D DATE RECEI ED BY & DATE I '� PLANS CHECKED B APPROVED AY & DATE ZONING COPIED APPROVED • • Date: April 22, 2010 To: Mayor and Council From: Kandis Hanson, City Manager Catherine Pausche, Finance Director Re: Year 2011 Levy and Budget Once again we embark on a most difficult task - the 2011 Budget. With the continuation of levy limits, we want to solicit your input on expectations for levy increases and General Fund Balance early in the budget process. We have attached a copy of the preliminary 2009 General Fund Revenue and Expenses, and the final 2010 budget to aid in this discussion. It is typical to state your expectations with regard to the % increase in the levy, the targeted undesignated fund balance and tax rate. It should be noted that our tax base for payable 2010 decreased $125 million, or 10 %, from payable 2009. Last year the levy limit was capped at .877 %, and that inflation factor is not expected to change much, so the financial pressures to reduce costs or diversify our revenue streams remain in full force. For the past two years, we scheduled budget reviews during regular City Council meetings. We hope you will consider a workshop format for at least one of the discussions to allow for a more free exchange of ideas and a review of the long term capital plan and utility rate analysis. Feedback I have received is the workshop setting is better for the newcomers, offering a non - intimidating setting to learn. As always, if you need specific information in preparation for any of the meetings, please let us know in advance so that we can research it for you. The detailed budget pages for each department and all other funds will be distributed later in the budget process. With all of us working together, we are sure we can overcome the financial obstacles and develop a good preliminary budget in September and a final budget in December that you will be willing to support. -746- GENERAL FUND SUMMARY OF REVENUES AND EXPENDITURES 2007 2008 2009 2010 % INCREASE ACTUAL ACTUAL PRELIM ACT APPROVED (DECREASE) REVENUE GENERAL PROPERTY TAXES 3,660,846 3,754,839 3,956,429 3,866,424 - 2.27% INTERGOVERNMENTAL REVENUE 320,985 219,876 156,113 122,060 - 21.81% LICENSES 18,150 17,905 0 18,100 #DIV /0! NON - BUSINESS LICENSES & PERMITS 197,520 140,160 115,203 139,100 20.74% GENERAL GOVT. CHARGES 522,706 531,518 583,065 702,400 20.47% OTHER REVENUE 447,213 410,701 482,612 364,170 - 24.54% INTERFUND TRANSFERS /BONDS 187,957 175.913 161.205 117,625 - 27.03% TOTAL REVENUE 5.355.377 5.250.912 5,454.627 5,329.879 -2.29% EXPENDITURES CITY COUNCIL 80,694 78,834 80,552 79,991 -0.70% PROMOTIONS 5,500 17,250 17,400 71,500 310.92% CABLE T.V. 44,032 45,326 45,151 45,230 0.17% CITY MANAGER/CLERK 331,061 336,535 331,314 327,779 - 1.07% ELECTIONS & REGISTRATION 2,152 16,480 1,059 18,375 ASSESSING 87,969 91,959 92,888 95,650 2.97% FINANCE 357,916 329,299 314,014 326,745 4.05% COMPUTER 12,279 16,592 45,872 29,800 - 35.04% LEGAL 123,811 128,563 128,488 140,506 9.35% POLICE 1,795,979 1,983,962 1,968,437 1,883,189 - 4.33% EMERGENCY PREPAREDNESS 6,384 5,984 13,925 25,950 86.36% PLANNING & INSPECTION 371,048 325,206 316,924 363,099 14.57% STREET 973,531 820,565 775,663 714,551 -7.88% CITY HALL BLDG & SRVS 85,110 119,065 104,770 102,845 -1.84% PARKS (Excludes Park Dedication) 423,515 598,149 513,268 536,882 4.60% CEMETERY 8,556 8,537 8,759 11,239 28.32% RECREATION 5,000 51 4,999 5,000 0.02% CONTINGENCIES 19,312 86,999 81,170 31,700 - 60.95% TRANSFERS 467.782 488.696 553.907 518,600 - 6.37% TOTAL EXPENDITURES 5.201,631 5.498.052 5.398.560 5,328.632 -1.30% INCREASE (DECREASE) 153,746 - 247,140 56,067 1,247 - 97.78% UNDESIGNATED FUND BALANCE, JAN 1 1,376,996 1,494,348 1,189,698 1,245,765 4.71% ADJUSTMENT TO AUDIT - 36,394 - 57,510 UNDESIGNATED FUND BALANCE, DEC 31 UNDESIGNATED FUND BALANCE AS A 0.10% PERCENTAGE OF EXPENDITURES: 28.73% 21.64% 23.08% 23.40% UNRESERVED FUND BALANCE AS A PERCENTAGE OF EXPENDITURES 37.16% 30.48% 31.54% 31.98% NOTE: UNRESERVED FUND BALANCE INCLUDES PARK DEDICATION AND COMPENSATED ABSENSES, UNDESIGNATED DOES NOT. -747- 4/23/2010 • • . CITY OF MOUND TAX LEVY RECAP • TAX LEVIES' REVENUE - GENERAL PURPOSES REVENUE - LEASE PAYMENTS 2001A JUDGMENT BOND FIRE RELIEF G.O. IMPROVEMENT 2001C G.O. IMPROVEMENT 2003A G.O. TAX INCREMENT 2003C G.O. IMPROVEMENT 2004A G.O. EQUIP. CERTIFICATES 2004C G.O. IMPROVEMENT 2005A G.O. EQUIP. CERTIFICATES 2005C G.O. IMPROVEMENT 2006A G.O. EQUIP. CERTIFICATES 2006C G.O. IMPROVEMENT 2007A G.O. EQUIP. CERTIFICATES 2007C G.O. IMPROVEMENT 2008B G.O. EQUIP. CERTIFICATES 2008D G.O. IMPROVEMENT 2009A G.O. EQUIP. CERTIFICATES 2009C G.O. IMPROVEMENT 2010A G.O. EQUIP. CERTIFICATES 2010C G.O. TAX INCREMENT 20xx (Dump) TOTAL SPECIAL LEVIE: TOTAL LEVY SPECIAL TAXING DISTRICT HOUSING & REDEVELOPMENT AUTHORITY (SPECIAL TAXING DISTRICT) 2006 2007 2008 2009 2010 2011 3,126,774 3,524,817 3,586,501 3,726,374 3,726,374 3,726,374 0.0000% 364,060 368,250 366,860 366,860 392,789 392,789 Note: 21,400 20,900 20,500 20,100 19,600 19,200 Levy Limit 67,890 71,010 72,120 74,404 76,030 78,311 for 2010 75,000 73,300 71,500 69,700 50,000 60,000 Was.877% 139,067 141,167 143,162 181,854 120,000 180,000 Expected to 141,494 144,179 146,717 146,717 45,000 45,000 be similar 30,600 26,900 17,700 0 85,000 160,000 in 2011 114,500 111,700 112,100 0 0 0 66,700 68,600 65,100 72,100 70,000 75,000 31,000 64,200 67,500 65,300 22,000 0 0 32,234 29,252 31,520 58,000 58,000 35,000 37,513 70,308 73,353 132,000 0 0 0 116,270 116,385 128,000 128,000 0 0 42,461 41,085 58,000 60,000 0 0 0 150,700 63,000 63,000 0 0 0 37,135 47,000 47,000 0 0 0 0 172,344 136,000 0 0 0 0 36,716 33,450 0 0 0 0 0 0 0 0 0 0 0 25,000 3,420 0 0 0 0 120,349 1,090,131 1,159,953 1,341,550 1,447,213 1,575,479 1,681,099 2006 2007 2008 2009 TOTAL LEVY 4,216,905 4,684,769 4,928,051 5,173,587 CERTIFIED LEVY 4,216,905 4,684,769 4,928,051 5,173,587 FISCAL DISPARITY - 285,070 - 303,426 - 321,170 - 345,286 NET LEVY 3. 931 .835 4.381.343 4.606"881 4"828.301 1.99% 243.932 220"462 -9.62% Decrease due to drop in TMV 2010 2011 5,301,853 5,407,473 1.99% 5,301,853 5,407,473 - 345,286 - 345,286 4.956"567 5"062"187 2.13% S: \FINANCE DEPlABUDGETX201 1k201 1-BUDGET COMBINED _748_ $ Diff. 91.10 121.47 151.84 182.20 4/23/2010 CITY PROPERTY TAX RATE 37.259 36.409 34.816 34.579 37.287 43.360 Tax Tax Tax Tax Tax Tax Property Value: 150,000 558.89 546.14 522.25 514.03 559.31 650.41 Property Value: 200,000 745.18 728.18 696.33 685.38 745.74 867.21 Property Value: 250,000 931.48 910.23 870.41 856.72 932.18 1,084.01 Property Value: 300,000 1,117.77 1,092.27 1,044.49 1,028.07 1,118.61 1,300.81 S: \FINANCE DEPlABUDGETX201 1k201 1-BUDGET COMBINED _748_ $ Diff. 91.10 121.47 151.84 182.20 4/23/2010 0 z Z) O 2 LL 0 CO W 1 w J M� W w w_ W J J Q U w a U) ao rn n 0 M N Ci � r1 O M 07 0 n n M M 3 N N ao N Of u7 O O O 10 N V M N �t O O W N O M � N OD 1!7 N O O COL M N n n O N 1A N N t0 O O O n 1/7 n M N N r O U) O aa a aD M M 1A N n T n I� N N O Of H l� V O f0 n n n f0 m O O N h M N O V N V O l'� �Op OOD n V aaD O M O r Y p N 0 C% N pN t0 O h no t �Mp Y f0 LL Z O fV V O a0 O r7 1n w W N N O O O O � v n n n n ao ao ao ao LL Ay o88RPRFtR 88ck o8 dLL 8 8 Col rrni C07 rr) M 1°�i e°�i c°Qi m m m m m e)i F v1 O o O pMp�� O (�1yyO M O ° C O t00 A r N 1MO < r Ol N N V tnD O (9 m O 1(1 A 0 ' a0 O N a0 r V 1t) o M o p w a w rn ao n 1c co V r .t 8 0 S2 Q 52 ^ 8 2 8 8 25 8 8 g 8 8 8 g 8 O o° �Xc M m (p N] N 117 lA t0 If7 10 N h b tN 10 IC/ C', Cl) F LL N 8 0 C� G o o p C d S S S S o S S S O O S O O O O O o Y Q�p d O O W W 16 M N O 6 W CO N NO 7 LL N N r r N N N N N r N N N N pp p Gp10 p pO y7 11�0 O OOi N O OOi 01ni N Y CR f0'7_ COD N 1% 1N O O�i_� O Eg m 8 O m 8 8 8 N N •� u`i Y� Yi 1n 1X h 1X Y> 1i> v� Yi 1n 1i� v7 1n M o o O O C o 0 0 0 0 0 0 0 0 0 0 i n v m 1 a I a I I I I rn I 1 ;9 9 a- rn LL «NE i 0 8 0 0 �i S 8 8 $ gv p8 g s 8 p 8— p p 8p 8 8 ° O S E, LL f07 M w M V N M M t7 c7 ro7i w NN E 2° ° 8 °s 8 8 § 8 8§ § °s 8 8 0 0 0 0 0 my 'a C7 rl M M M t7 ('� M M M M M C6 fp CCCO O. 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O E N .� 00 N N m N M N Y C .NN.. d O O co 0 0 0 0 O O O 00 00 n F, Ln O M N m y N m N m M N 000 rq ei a N �J N tD m r4 00 Vl 1� n m .•i tD t N M 00 O Y Q -�r 00 Vl a tD m Vl 00 I, N 1, tD M sT tD N m O N Vl Vl N Vl N ;\ tD to N C 07 > 00 Cl ul N O N et N O Ol 1� tD \ •� 9 m N v .� M e-1 .-1 M Vl M rl CL y d C W O CL x N O A ad _ E > m C aR OtI C N N W ter N N H rj 00 w O O a 0 n M 'i N 1H M Q tD 00 Ln 00 tD N M O) M a n a Vl N V) Val N 00 Q W 0/ V1 01 r- 01 VI N V 01 1 P- tD 00 e O N m m r/1 Ol l0 a r1 O a �• 3 g E a tD N M n N M 00 r, w N O M 00 N N tD co tD r1 tD ti {} Ln M N N 00 r1 tD v t0 l0 O ` 0 N A 1� A 1� A� A A� N 10 M � %D Vl rl N M 3 A Vl N O O M pp M r1 pp Q tt N O N Vl 'q* M Ln 00 O 0 O N N N rl N M Ul Vl 4 M m �Y' r .� r a 40 a V1 r` N m 00 8 M 000 Olt I., y W m O N M m a n m m 40 N Do -4 co N m N Kj N • • d a 0 W C 7 OJ O N to Y q CL Q V Q •C W O /F v a ¢ « -751- • • 00 O 9 N ut O \ �p 7 N r C ai w x rl CL y d C W O CL x N O A ad _ C aR OtI C N N W ter N 000 ~ .0.1 I ovN C F Q d in eiJ p a d ,�, Z d N OJ N L V C Ol •C. N m OJ N lu rL 0 0 C Z C. N N N d` a C7 oOC O O g F` c 00 m m H A 1� A 1� A� A A� N 10 � 'C •O OJ l -751- • • O N O M IL O Z O CL E O LL 10 10 D m v C w I i O � O N m 0 0 M N A 0 c 0 w� U a4 44 w colh OO O w w a U ti a w i w ti U A N N ° h � A h A � A I O co LO M N ^ 1 N n r— N co N N w ~ M t7 v v ( y r M r j N N O N c0 iA M N c0 Ln r-- v v co M M N co v � N 04 N N M co c0 N M ccl M W O Cl) co O N O M sT r r O CD O O 00 v cn N O cOD N M M r r O O O O O O O cc0 co Cli Lo Cl) M O ;z M C, O w O a O ac Cl Oi 1fj O O co — n fD co 0. O� a Ci °o � � N -752- ti N � O O N r N N M a O Z 0 CL E O LL 10 m V a 0) 0 0 M a .m. 0 W a as 0.1 0 Q ° w �a y w 4 U O �y N a %r a w ti U V V Q N y a � y A x � A a o LO N Cl) M v r M N O LO N O M Cl) vr N N I C rn to 0 00 rn Co Lq CM N O O O IN o 0 0 0 0 N N N O O O O O ai n 0 0 co m N to eT N N v r � N M N 00 M N m IT r N O N N C7 O N ao m co N CO CV 0 0 00 rn 0 0 0 co M Cl cq O � � O O 00 Lot O N M 0 0 0 °o °o rn V M N M r co O O O O O � m ao rn n Ln o cc -753- 0 N O i� 0 O N O C h �v N Lot �U wV4SN -753- 0 N O i� 0 O N O C h Revenue 57.134% 57.134% 57.134% 57.134% 57.134% 57.134% 21.784% 21.784% 8.466% 31.710% 18.233% 35.045% 35.045% 35.045% 35.045% 35.045% 35.045% 51.056% 51.056% 51.056% 51.056% 51.056% 51.056% 19.741% 19.741% 19.741% 19.741% 19.741% 19.741% 19.741% 19.741% 19.741% 23.366% 23.366% 23.366% 23.366% 36.927% 36.927% 36.927% 36.927% 36.927% 36.927% 42.734% 42.734% 42.734% 42.734% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 22.647% 22.647% 22.647% 22.647% 22.647% 22.647% 11.408% 11.408% 11.408% 11.408% 24.491% 24.491% 24.491% 24.491% 24.491% 24.491% Bonds & ante 3.704% 3.704% 3.704% 3.704% 3.704% 3.704% 3.651% 3.651% 0.000% 0.000% 0.000% 2.824% 2.824% 2.824% 2.824% 2.824% 2.824% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 2.927% 2.927% 2.927% 2.927% 2.927% 2.927% 2.927% 2.927% 2.927% 3.376% 3.376% 3.376% 3.376% 11.256% 11.256% 11.256% 11.256% 11.256% 11.256% 6.256% 6.256% 6.256% 6.256% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 4.406% 4.406% 4.406% 4.406% 4.406% 4.406% 2.262% 2.262% 2.262% 2.262% 0.956% 0.956% 0.956% 0.956% 0.956% 0.956% Municipal Rate Table Sewer 0. 0. Page 1 -754- SE , HRA EDA 1.865% 1.865% 1.865% 1.865% 1.865% 1.865% 1.316% 1.316% 1.316% 1.316% 1.316% 1.316% 0.387% 0.387% 0.387% 0.387% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.511% 0.511% 0.511% 0.511% 0.511% 0.511% Transit Debt 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1,361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% Index Trans Name 1 Dist Minneapolis 2 Dist Minneapolis 3 Dist Minneapolis 4 Dist Minneapolis 5 Dist Minneapolis 6 Dist Minneapolis 7 Dist Chanhassen 8 Dist Chanhassen 9 Dist Woodland 10 Dist Spring Park 11 Dist Greenwood 12 Dist Bloomington 13 Dist Bloomington 14 Dist Bloomington 15 Dist Bloomington 16 Dist Bloomington 17 Dist Bloomington 18 Dist Brooklyn Center 19 Dist Brooklyn Center 20 Dist Brooklyn Center 21 Dist Brooklyn Center 22 Dist Brooklyn Center 23 Dist Brooklyn Center 24 Dist Edina 25 Dist Edina 26 Dist Edina 27 Dist Edina 28 Dist Edina 29 Dist Edina 30 Dist Edina 31 Dist Edina 32 Dist Edina 33 Dist Shorewood 34 Dist Shorewood g 35 Dist Shorewood 36 Dist Shorewood 37 Dist Golden Valley 38 Dist Golden Valley 39 Dist Golden Valley 40 Dist Golden Valley 41 Dist Golden Valley 42 Dist Golden Valley 43 Dist Hopkins 44 Dist Hopkins 45 Dist Hopkins 46 Dist Hopkins 47 Dist Minnetonka 48 Dist Minnetonka 49 Dist Minnetonka 50 Dist Minnetonka 51 Dist Minnetonka 52 Dist Minnetonka 53 Dist Minnetonka 54 Dist Minnetonka 55 Dist Minnetonka 56 Dist Minnetonka 57 Area Minnetrista 58 Area Minnetrista 59 Area Minnetrista 60 Area Minnetrista 61 Area Minnetrista 62 Area Minnetrista 63 Dist Orono 64 Dist Orono 65 Dist Orono 66 Dist Orono 67 Dist Plymouth 68 Dist Plymouth 69 Dist Plymouth 70 Dist 71 Dist Plymouth Plymouth 72 Dist Plymouth Revenue 57.134% 57.134% 57.134% 57.134% 57.134% 57.134% 21.784% 21.784% 8.466% 31.710% 18.233% 35.045% 35.045% 35.045% 35.045% 35.045% 35.045% 51.056% 51.056% 51.056% 51.056% 51.056% 51.056% 19.741% 19.741% 19.741% 19.741% 19.741% 19.741% 19.741% 19.741% 19.741% 23.366% 23.366% 23.366% 23.366% 36.927% 36.927% 36.927% 36.927% 36.927% 36.927% 42.734% 42.734% 42.734% 42.734% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 30.655% 22.647% 22.647% 22.647% 22.647% 22.647% 22.647% 11.408% 11.408% 11.408% 11.408% 24.491% 24.491% 24.491% 24.491% 24.491% 24.491% Bonds & ante 3.704% 3.704% 3.704% 3.704% 3.704% 3.704% 3.651% 3.651% 0.000% 0.000% 0.000% 2.824% 2.824% 2.824% 2.824% 2.824% 2.824% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 2.927% 2.927% 2.927% 2.927% 2.927% 2.927% 2.927% 2.927% 2.927% 3.376% 3.376% 3.376% 3.376% 11.256% 11.256% 11.256% 11.256% 11.256% 11.256% 6.256% 6.256% 6.256% 6.256% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 4.406% 4.406% 4.406% 4.406% 4.406% 4.406% 2.262% 2.262% 2.262% 2.262% 0.956% 0.956% 0.956% 0.956% 0.956% 0.956% Municipal Rate Table Sewer 0. 0. Page 1 -754- SE , HRA EDA 1.865% 1.865% 1.865% 1.865% 1.865% 1.865% 1.316% 1.316% 1.316% 1.316% 1.316% 1.316% 0.387% 0.387% 0.387% 0.387% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.200% 0.511% 0.511% 0.511% 0.511% 0.511% 0.511% Transit Debt 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1,361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% Index Trans Name Revenue 73 Dist Plymouth 24.491% 74 Dist Plymouth 24.491% 75 Dist Plymouth 24.491% 76 Dist Plymouth 24.491% 77 Dist Plymouth 24.491% 78 Dist Plymouth 24.491% 79 Dist Fort Snelling 80 Dist Fort Snelling 81 Dist Richfield 41.261% 82 Dist Richfield 41.261% 83 Dist Richfield 41.261% 84 Dist Minneapolis/St Paul Int'I Airport 85 Dist Minneapolis/St Paul Intl Airport 86 Dist Robbinsdale 36.836% 87 Dist Robbinsdale 36.836% 88 Dist Saint Louis Park 34.599% 89 Dist Saint Louis Park 34.599% 90 Dist Saint Louis Park 34.599% 91 Dist Saint Louis Park 34.599% 92 Dist Saint Louis Park 34.599% 93 Dist Brooklyn Park 44.903% 94 Dist Brooklyn Park 44.903% 95 Dist Brooklyn Park 44.903% 96 Dist Brooklyn Park 44.903% 97 Dist Brooklyn Park 44.903% 98 Dist Champlin 32.792% 99 Dist Champlin 32.792% 100 Area Corcoran 29.885% 101 Area Corcoran 29.885% 102 Area Corcoran 29.885% 103 Area Corcoran 29.885% 104 Area Corcoran 29.885% 105 Dist Crystal 40.140% 106 Dist Crystal 40.140% 107 Dist Crystal 40.140% 108 Area Dayton 33.969% 109 Area Dayton 33.969% 110 Area Dayton 33.969% 111 Dist Deephaven 15.603% 112 Dist Deephaven 15.603% 113 Dist Eden Prairie 27.380% 114 Dist Eden Prairie 27.380% 115 Dist Eden Prairie 27.380% 116 Dist Eden Prairie 27.380% 117 Dist Eden Prairie 27.380% 118 Dist Eden Prairie 27.380% 119 Dist Excelsior 30.666% 120 Area Greenfield 17.218% 121 Area Greenfield 17.218% 122 Area Greenfield 17.218% 123 None Hanover 36.116% 124 Area Hassan 20.854% 125 Area Hassan 20.854% 126 Area Hassan 20.854% 127 Area Independence 29.085% 128 Area Independence 29.085% 129 Area Independence 29.085% 130 Area Independence 29.085% 131 Area Independence 29.085% 132 Area Independence 29.085% 133 Dist Long Lake 31.951% 134 Area Loretto 42.964% 135 Dist Maple Grove 31.002% 136 Dist Maple Grove 31.002% 137 Dist Maple Grove 31.002% 138 Dist Maple Grove 31.002% 139 Area Maple Plain 48.821% 140 Area Maple Plain 48.821% 141 Dist Medicine Lake 34.951% 142 Area Medina 16.292% 143 Area Medina 16.292% 144 Area Medina 16.292% Bonds & Inte 0.956% 0.956% 0.956% 0.956% 0.956% 0.956% 6.735% 6.735% 6.735% 3.712% 3.712% 2.228% 2.228% 2.228% 2.228% 2.228% 1.494% 1.494% 1.494% 1.494% 1.494% 2.170% 2.170% 3.719% 3.719% 3.719% 3.719% 3.719% 2.576% 2.576% 2.576% 16.784% 16.784% 16.784% 0.000% 0.000% 1.685% 1.685% 1.685% 1.685% 1.685% 1.685% 0.000% 7.893% 7.893% 7.893% 4.805% 2.031% 2.031% 2.031% 3.553% 3.553% 3.553% 3.553% 3.553% 3.553% 5.556% 3.814% 2.944% 2.944% 2.944% 2.944% 1.248% 1.248% 0.000% 0.939% 0.939% 0.939% Municipal Rate Table Sewer Page 2 -755- HRA EDA 0.511% 0.511% 0.511% 0.511% 0.511% 0.511% 1.833% 1.833% 1.833% 1.605% 1.605% 1.704% 1.704% 1.704% 1.704% 1.704% 1.880% 1.880% 1.880% 1.880% 1.880% 1.394% 1.394% 1.395% 1.395% 1.395% 0.173% 0.173% 0.173% 0.187% 0.187% 0.187% 0.187% 0.187% 0.187% 1.729% 0.172% 0.172% 0.172% 0.172% Transit Debt 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 0.000% 0.000% 0.000% 0.000% 0.000% 1.361% 1.361% 1.361% 0.000% 0.000% 0.000% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 1.361% 0.000% 1.361% 1.361% 1.361% 1.361% 0.000% 0.000% 1.361% 0.000% 0.000% 0.000% . Index Trans Name 145 Area Medina 146 Area Medina 147 Area Medina 148 Area Medina 149 Area Medina 150 Dist Minnetonka Beach 151 Dist Mound 152 Dist New Hope 153 Dist New Hope 154 Dist Osseo 155 Dist Osseo 156 Dist Osseo 157 Area Rockford 158 Area Rogers 159 Area Rogers 160 Area Rogers 161 Dist Saint Anthony 162 Dist Saint Anthony 163 Area Saint Bonifacius 164 Dist Tonka Bay 165 Dist Wayzata 166 Dist Wayzata • • Revenue 16.292% 16.292% 16.292% 16.292% 16.292% 19.394% 26.890% 47,661% 47.661% 44.312% 44.312% 44.312% 46.322% 37.928% 37.928% 37.928% 34.360% 34.360% 11.039% 15.373% 20.501% 20.501% Bonds & Inte 0.939% 0.939% 0.939% 0.939% 0.939% 3.051% 10.606% 0.200% 0.200% 5.184% 5.184% 5.184% 0.175% 3.855% 3.855% 3.855% 20.084% 20.084% 17.815% 0.000% 0.191% 0.191% Municipal Rate Table Sewer 0.. 0., III] Page 3 6A0 '� 1.282% 1.282% Transit Debt 0.000% 0.000% 0.000% 0.000% 0.000% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 1.361% 0.000% 0.000% 1.361% 1.361% 1.361% 1.361% 0.000% 1.361% 1.361% 1.361% 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 MEMORANDUM • To: Honorable Mayor and City Council From: Sarah Smith, Comm. Dev. Director Date: April 21, 2010 Re: Discussion of MCWD Rule D (Revision Date March 15, 2010) and submittal of suggested revisions /comments from the City of Mound Summary. As Council Members are aware, the MCWD released a revised set of proposed new Rule F (Shoreline and Streambank Stabilization) and Rule D (Wetland Protection) dated March 15, 2010 at meetings held on March 17, 2010. Comments. • Proposed Rule F and suggested revisions on behalf of the City of Mound were initially discussed by the City Council at its 4/13 meeting. • For review and discussion at the 4/27 meeting, MCWD Rule D and suggested Staff revisions will be presented to the Council. Additionally, a proposed comment letter from the City of Mound regarding the current versions of proposed Rule F and Rule D will be reviewed and requested to be authorized for submittal to the MCWD. • Council Members are advised that Staff will provide further comment on the proposed rules revision process at the 4/27 meeting. Pete Willenbring of WBS and Asosciates, Inc., who has been providing assistance to the City during the proposed MCWD rules revision process will be attendance at this meeting. • lJASSmith \My Documents\ Memorandums \20101memoMCWDapoll32010CC overview of Rule D.doc -757- 0 DISCUSSION DRAFT (as of April 22, 2010) DRAFT U • April , 2010 Minnehaha Creek Watershed District Board of Managers Attn: James Wisker 18202 Minnetonka Boulevard Deephaven, MN 55391 RE: City of Mound Comments and Suggested Revisions to the March 15, 2010 Versions of Proposed MCWD Rule F (Shoreline and Streambank Stabilization) and MCWD Rule D (Wetlands) Dear Mr Wisker, Thank you for the opportunity to comment on the March 15, 2010 versions of the proposed revisions to Rule F (Shoreline and Streambank Stabilization) and Rule D (Wetland Protection) proposed by the Minnehaha Creek Watershed District, which were released for public comment on or around March 17, 2010. The City of Mound appreciates the opportunity to be heard regarding these proposed rule changes. Mound Council and Staff have reviewed most recent versions of the proposed rules and we have prepared our recommended changes in legislative format for review by the District. Additionally, a general summary of the City of Mound's key concerns related to the current versions of the rules revisions proposed has been prepared and is provided below. Respectfully, the Mound City Council appreciates your serious consideration of the language and comments submitted herein. Shoreline and Streambank Stabilization Rule 1. Encourage Voluntary Participation. It is recommended the rule be modified to be consistent with the Policy section of the rules that state "encourage and foster bioengineering, landscaping and preservation of natural vegetation as preferred means of stabilizing shorelines and streambanks ". The proposed rule, as currently drafted, requires these practices be implemented. Voluntary implementation of the design practices outlined in the proposed rule, provided they are consistent with City land use ordinances, would be enthusiastically supported. Furthermore, the City would support the establishment of financial incentive programs by the MCWD to help encourage citizen participation and involvement with voluntary projects that would meet the goals and objectives of this rule. The City of Mound supports voluntary participation instead of District- mandated bioengineered design practices as outlined in the proposed rules for the following reasons: -758- April , 2010 James Wisker Page 2 • • Requires the use of shoreline stabilization techniques that will likely be less robust than other practices now allowed and these techniques require a significant time period for the vegetative stabilization measures to take hold and control erosion. • Vegetative stabilization techniques typically have a greater risk of failure, shorter life span, and require more on -going maintenance by property owners than other commonly- accepted practices. Enforcing long term maintenance will be difficult, particularly if the failed design was specifically required by District rules. In the past, District permitting programs and plan review was focused on making sure designs were sound, robust, and limiting probability of failure. • Requiring use of vegetated stabilization practices with the inherent limitations listed above increase the potential that shorelines will be less stable and is likely to result in poorer, not improved, water quality. • If bioengineered shoreline stabilization practices are simply encouraged and remain voluntary, and the applications are successful, there is no need for requiring their use. • Decisions related to shoreline stabilization practices or techniques are best made by the individual property owner. 2. Eliminate Shoreline Stabilization Zone and Access Corridor Requirements The City feels strongly that the proposed Shoreline Stabilization Zone and Access Corridor requirements be removed from the current proposed rule for the following reasons: These provisions dictate land use practice within 20 feet of shoreline, an activity that is regulated by and inconsistent with our City Code. Under Minnesota Statutes Chapter 462, cities are charged with the responsibility of managing and regulating land use which includes shoreland areas. It is the City Council's position that our codes and ordinances relating to land use, including shoreland areas, which have been refined over the years best represent the needs of our community. Requiring the practices as currently outlined in the rules, coupled with the stabilization zone controls that further dictate land use, will discourage property owners from undertaking shoreline stabilization projects, which will result in continued shoreline erosion and water quality degradation. -759- April , 2010 James Wisker Page 3 • Approximately 6.25 miles of Lake Minnetonka shoreline is owned and/or maintained as part of Mound's Docks and Commons program; these rules will impede the traversibility of public shoreland. • The City of Mound supports voluntary participation of suggested shoreline stabilization practices. Wetland Protection Rule 1. LGU Responsibilities for Wetland Permitting. The City of Mound is the Local Governmental Unit for wetland permitting. Any additional MCWD requirements beyond those that are currently required under the Wetland Conservation Act regulations are not supported by the City of Mound. 2. Limit Wetland Buffer Triggers. It is strongly recommended wetland buffers be required only when a major subdivision project, as defined by local ordinance, is proposed. Consistent with this, it is further recommended that the proposed New Principal Residential Structure, Wetland Protection, Stormwater, Streambank and Water Crossing Permit triggers be removed. It is the City Council's position that the aforementioned buffer triggers be eliminated for the following reasons: • Much of Mound's residential property includes small lots. Additional restrictions will involuntarily impact our residents' reasonable use and enjoyment of their property. Represents an unreasonable and unwarranted taking of land from our residents. 3. Buffer Widths. The City of Mound supports the application of buffer widths based on the classification of wetlands instead of its size. The City of Mound does not support any change in buffer width from the current MCWD rules which includes a range of 16.5 feet to 35 feet. • Requiring a buffer as large as 67 feet is, from our perspective, an unwarranted taking of land from our residents. -760- April , 2010 • James Wisker Page 4 • It is the City of Mound's position that the additional buffer widths do not provide a significant increased benefit to water quality that would justify the proposed increase in width. • As an alternative, the City of Mound strongly suggests the District partner with cities on infrastructure projects so as to achieve greater benefits. • It is the position of the City of Mound, as part of these rule revisions, the District limit their focus to the implementation of projects and programs that: 1) Do not require the implementation of non - voluntary uses, activities or the taking of land from existing single family lot owners in our community; 2) Are limited to only areas where the majority of the high strength phosphorus load originates (primarily agricultural land and road runoff); and 0 3) Reflect projects and programs that will significantly reduce phosphorus loading and are cost effective. The District recently provided information to the City indicating roads, single family lots, and agricultural lands in the District generate annual phosphorus loads of 10,000, 15,000 and up to 25,000 lbs respectively, and used this as justification for why single family lots should not be excluded from the buffer requirement. Our analysis of this data indicates that: 1) Less than 2% of the single family lots in the District have wetlands present; 2) Of these lots, typically only about half of the area of the lot would be draining through the buffer; 3) Treatment is already provided for this runoff as it runs through grassy swales that carry this water to the wetland; and -761- • April , 2010 James Wisker Page 5 4) The increased level of treatment provided by changing this existing grassy vegetated condition to one of a constructed native buffer is limited. As a result of the above, we do not believe implementation of a buffer program on single family lots will significantly reduce the phosphorus load in the District. It is also the perspective of the Mound City Council, the implementation of buffer rules and an associated permit program that applies to existing single family lots will be: 1) Expensive and difficult for the District to administer; 2) Expensive, difficult and frustrating for homeowners to construct, maintain, and monitor; and 3) Will be virtually impossible to truly enforce. Given the above considerations, we believe the District's resources would be better spent focusing on means other than constructing buffers on single family lots to achieve District goals. 4. Buffer Monitoring and Signage. When buffers are required for a project, the City recommends the District undertake all necessary monitoring and signage activities. Associated costs could be reflected in permit fees. Once again, the Mound City Council and Staff would like to thank you for this opportunity to be heard. We also wish to express our sincere "appreciation of the relationship it shares with the Minnehaha Creek Watershed District and the mutual cooperation we have enjoyed over the years that has so significantly benefited the City of Mound. We respectfully request that the MCWD carefully consider the aforementioned comments with regards to proposed rules amendments and the significant impacts for our community. If you have any questions regarding this letter or require any additional information, please feel free to contact me at 952.472.0609. Sincerely, Kandis Hanson City Manager -762- l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 0 City of Mo' d Ru d` 00 'i) Abiffl. "D MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS PROPOSED REVISIONS SHORELINE & STREAMBANK STABILIZATION RULE March 15, 2010 1. POLICY. It is the policy of the Board of Managers to: (a) Preserve the natural appearance of shoreline and streambank areas; (b) Encourage and foster voluntary actions to undertake bioengineering, landscaping and preservation of natural vegetation as preferred means of stabilizing shorelines and streambanks; (c),_ ncourage th at improvementshoreline and streambank areas to prevent . - - Deleted: Asswe erosion are consistent with accepted engineeringprincples in conformity with Deleted: oc Minnesota Department of Natural Resources construction guidelines; and complies NW (d) Encourage the p eservation o water quality and the ecological integrity of the ` - - ��: p riparian environment, including wildlife, fisheries, and recreational water Deleted: resources. - - - -- -- 2. REGULATION. (a) An_, improvement or alteration of the shoreline of a water basin or the bank of a watercourse, including but not limited to �bioengineered installation, riprap, �a wall, � sand- blanket or boat ramp, will - - require a permit under this rule and a surety -- - - - - -- -- -- - ------ - - - - -- sup ;t to the District Performance Bond or Letter of Credit Rule.. 4/22/201010:12:34AM___ -763- Deleted: No Deleted: person shall install an Deleted: a Deleted: a retaining Deleted:. a ....... ..................,.._._ Deleted: a Deleted: without first securing Deleted: Deleted: providing Deleted: 4n/2olo 9:29:47 AM • 40 • 41 A maintenance permit shall be required to repair, replace or maintain an existing stabilization practice, improvement or related activity, - Deleted: 42 Planting of vegetation not intended to provide deep soil structure stability does practice consistent with the erosion intensity calculation shall be required to 43 not require a permit under this rule. 59 44 60 requirements of the District Procedural Requirements. 45 I (b) All permit applicationsZNe ired under this rule,tshall be required to include a , - Deleted: submitted 46 detailed erosion intensity calculation of the shoreline or streambank in accordance Deletes: except applications for 47 with section 3, Shoreline Erosion Intensity Calculation (for shorelines), or section maintenance of an existing improvement that has not degraded to a natural state, 48 4, Streambank Erosion Intensity Calculation (for streambanks), of this rule. 49 (a) Applications for shoreline stabilization shall be required to complete the 69 50 ( 70 = Deleted: (c) A permit user this nrle is 51 -.._ ...... .. .................. _. _ ......._ ._ ._ ......._ ._ ._ _.......... _ _... required for maintenance of an existing (b) The proposed shoreline stabilization practice shall be consistent with the 73 riprap or otherwise hard- armored 52 (d) A fast track permit may be issued for shoreline stabilization projects that shoreline f ew material that involves the addition of new material or structural 53 conform to the requirements in section 6, Criteria for Stabilization Techniques, of change to the improvement. 54 this rule. 55 56 (e) Shoreline or streambank stabilization projects that do not utilize a stabilization 57 practice consistent with the erosion intensity calculation shall be required to 58 document compliance with the design flexibility/minimal impact standard in 59 section 5, Design Flexibility. Such projects shall be subject to the public notice 60 requirements of the District Procedural Requirements. 61 62 (f) A fast track permit may be issued for routine sandblanket projects that 63 conform to the requirements set forth in sections 9, Criteria for Laying 64 65 Sandblankets, and 10, Sandblankets Required Exhibits, of this rule. 66 3. SHORELINE EROSION INTENSITY CALCULATION. 67 68 (a) Applications for shoreline stabilization shall be required to complete the 69 erosion intensity scoresheet to document the shoreline erosion intensity (low, 70 medium, high). 71 72 (b) The proposed shoreline stabilization practice shall be consistent with the 73 shoreline erosion intensity calculated (low, medium, high). 74 • 75 (1) Low erosion intensity shorelines are those where the erosion intensity 76 calculated has a score of 41 or less and shall utilize biological stabilization 77 practices in accordance with section 6, Criteria for Stabilization 78 Techniques, of this rule. Deleted: 4n2010 9:29:47 AM 4/22/2010 10:12:34 AM 2 ' -764- 79 80 (2) Medium erosion intensity shorelines are those where the erosion 81 intensity calculated has a score between 41 and 53 and shall utilize 82 biological or bioengineering stabilization practices in accordance with 83 section 6, Criteria for Stabilization Techniques, of this rule. 84 85 (3) High erosion intensity shorelines are those where the erosion intensity 86 calculated has a score of greater than 53 and shall utilize biological, 87 bioengineering or structural stabilization practices in accordance with 88 section 6, Criteria for Stabilization Techniques, of this rule. 89 90 91 EROSION INTENSITY SCORESHEET SHORELINE VARIABLES DESCRIPTIVE CATEGORIES El VALUE EROSION INTENSITY (EI) VALUE IS LOCATED IN PARENTHESIS ON LEFT SIDE OF EACH CATEGORY BOX AVERAGE FETCH— (0) <1 /10 (2) 1/10 -1/3 (4) 1/3 -1 (7) 1 -3 (10) >3 Average distance (miles) across open water to the opposite shore. DEPTH AT 20 FEET — (1) <1 (2) 1 -3 (3) 3-6 (4) 6 -12 (5) >12 Depth of water (feet) 20 feet from the shoreline. DEPTH AT 100 FEET— (1) <l (2) 1 -3 (3) 3-6 (4) 6 -12 (5) >12 Depth of water (feet) 100 feet from the shoreline. BANK HEIGHT— (1) <1 (2) 1 -5 (3) 5 -10 (4) 10 -20 (5) >20 Measure from toe of bank to top of bank-lip (feet). INFLUENCE OF ADJACENT (0) no hard (1) hard armoring (2) hard armoring (3) hard armoring (4) hard armoring STRUCTURES— amtoring on either on one adjacent on both adjacent on one adjacent on both adjacent Likelihood that adjacent structures are adjacent property property properties property with properties with causing flank erosion at the site. measurable measurable recession recession adjacent to both structures AQUATIC VEGETATION — (0) rocky substrates (1) dense or abundant (4) scattered or patchy (7) lack of emergent, Type and abundance of vegetation unable to support emergent, floating or emergent, floating or floating or submergent occurring in the water off the vegetation. submergent vegetation submergent vegetation vegetation shoreline. BANK VEGETATION — (0) bank composed of (1) dense vegetation, (4) clumps of vegetation (7) lack of vegetation Type and abundance of vegetation rocky outcropping upland trees, shmbs and alternating with areas (due to shading or occurring on bank face and unable to support grasses, including lawns lacking vegetation erosion) manediately on top of bank lip. vegetation. BANK STABILITY — (0) established (l) established lawn (4) moderate to dense natural (7) moderate to dense Degree to which bank and adjacent lawn with few with moderate to ground vegetation and canopy canopy trees with moderate area (within 10 feet of bank lip) is canopy trees dense canopy trees trees with shrub layer to dense natural shrub stabilized by natural ground, shrub, and/or shrubs and/or shrubs substantially reduced; or few layer; or other natural and canopy vegetation. Human canopy trees with moderate to features prevents disturbance is typified by tree dense natural shrub layer establishment of ground removal, brushing, mowing, and lawn vegetation establishment. SHORELINE GEOMETRY — (1) coves or bays (4) irregular shoreline or straight (8) headland, point, or island General shape of the shoreline at the shoreline point of interest plus 200 yards on either side. SHORE ORIENTATION — (0) <1/3 mile fetch (I) north to east t0 (4) south to west- (8) west to north - Geo hic direction the shoreline south - southeast 349 ° - southwest 1690-258 northwest 2590-349° 4/ 22/ 201010:12:34AM 3 -765- leW: 4/7/2010 9:29:47 AM • • 4 faces. 360 °, 1 °468° BOAT WAKES — (1) broad open (4) thoroughfare within (8) thoroughfare within (12) thoroughfare within Proximity to and use of boat channels waterbody with low to 100 yards in a no -wake 100 yards carrying 100 yards carrying and thoroughfares. moderate traffic, or zone; broad open limited traffic, or intensive traffic constricted shallow waterbody with thoroughfare 100 yards water body intensive traffic to % mile offshore carrying intensive traffic SLOPE— (0) < 5:1 (1) 5:1 -3:1 (2) 3:1 -2:1 (4) 2:1 -1:1 (6) > 1:1 Average slope of the Shoreland Zone (0-20%) (20 -33 %) (33 -50%) (50 -100 %) ( >100 0/.) 20 feet upland from OH TOTAL EROSION INTENSITY SCORE _ 92 'Nee guidance document for additional information on how to determine EI values. 93 4. STREAMBANK EROSION INTENSITY CALCULATION 94 95 (a) Applications for streambank stabilization shall be required to include the 96 calculations detailed below to document bankfull stream velocity and shear stress: 97 98 (1) Bankfull stream velocity 99 i. Manning's equation: 100 v = Q = (1.49 )R2i3Sv2 A � n 101 v = Average velocity of flow (feet/sec) 102 Q = Bankfull flow (cubic feet/sec) 103 A = Area of flow (square feet) 104 n = Manning's number 105 R = Hydraulic radius (feet) 106 S = Slope of channel bottom (rise /run) 107 0 08 (2) Shear stress on the streambank 109 i. Z =dxuxS 110 T = Shear stress (pounds / square feet) 111 d = Bankfull flow depth (feet) 112 g = Unit weight of water (62.4 pounds / cubic feet) 113 S = Slope of channel bottom (rise /run) 114 115 (b) The proposed streambank stabilization practice shall be consistent with the 116 shear stress calculated (low, medium, high). 117 118 (1) Low erosion intensity streambanks are those where the shear stress 119 calculated is less than or equal to 2.5 lb per square foot and shall utilize 120 biological stabilization practices in accordance with section 6, Criteria for 121 Stabilization Techniques, of this rule. Deleted: 4M2010 9:29:47 AM 4/22/2010 10:12:34 AM 4 ' • -766- 122 (2) Medium erosion intensity streambanks are those where the shear stress •123 124 calculated is between 2.5 and 5 lb per square foot and shall utilize 125 biological or bioengineering stabilization practices in accordance with 126 section 6, Criteria for Stabilization Techniques, of this rule. 127 128 (3) High erosion intensity streambanks are those where the shear stress 129 calculated is greater than 5 lb per square foot and shall utilize biological, 130 bioengineering or structural stabilization practices in accordance with 131 section 6, Criteria for Stabilization Techniques, of this rule. 132 133 5. DESIGN FLEXIBILITY. Where an applicant believes that, as a result of site specific 134 conditions, the shoreline erosion intensity as calculated in section 3, Shoreline Erosion 135 Intensity Calculation, or the streambank erosion intensity as calculated in section 4, Deleted: TECHmQuEs 136 Streambank Erosion Intensity Calculation, may inaccurately predict the degree of Deleted: only where 137 erosion, the District may approve alternative stabilization techniques if the applicant ; ; Deleted: : 138 provides sufficient evidence to demonstrate that the proposed stabilization practice % ;' Deleted: Maintenance of existing riprap 139 represents the minimal impact solution with respect to all other reasonable alternatives. ' may be performed according to the following provisions: Deleted: < #>Areas of 140 6. CRITERIA FOR INSTALLING NEW STABILIZATION PRACTICES.. ; shoreline/streambank located within an - access corridor may be repaired and maintained in accordance with the 141 (a) General criteria: structural stabilization standards in hb for p are grap (c ), setting out criteria structural stabilization;¶ 142 (1) The District will permit the installation of structural stabilization ; "' I 143 practices when there is a demonstrated need to prevent erosion or to i i ; The area of shoreline /streambank located ; , i outside of the access corridor shall 144 restore eroded shoreline / streambank accordin , to the following rovis[on €' �p � 1 incorporate oen veering stabilland/or � bioengineering stabilization practi* 145 where feasible and the energy ' environment and/or shear stresses allow. 146 I (2), ------------------------------------- - - - -'" Formatted: Bullets and Numbering 147 ;, ' � Deleted: within the 148 >� - - - - - - - - - - - - - - - - - - - - ----------- ____ -: ��;' Deleted: stabilization zone 149 Deleted: the following provisions: 150 (3) Removal of native vegetation gpland of the horeline /streambank�shall _ N Deleted. <pxlear cutting shall be 151 I be limited in accordance with ocal shoreland regulations. _ .... _.._ ......_ _......... _........ _......... _..._ prohibited except within the access ._." corridor,¶ 152 ¶ Native vegetation shall be preserved 153 I lam_ ' \ located outside of the access corridor as 154 much as practicable and, where removed, shall be replaced with other vegetation is in 155 (4) Stabilization practices shall be installed at a 3:1 slope or flatter where that equally effective retarding 156 practical and feasible. Practices proposed at slopes steeper than 2:1 shall � runoff and preventing erosion, Formatted: Bullets and Numbering 157 I be evaluated as sea walls in accordance with section 11, Criteria for Other Deleted: retaining 158 Shoreline Improvements, of this rule; Deleted: 4/7/2010 9:29:47 AM 4/22/2010 10:12:34 5__ • -767- 159 160 (5) Horizontal encroachment from a shoreline shall be the minimum 161 amount needed and shall not interfere unduly with water flow. Under 162 normal conditions, hard armoring inert material, such as riprap, or other 163 fill shall be placed no more than 5 feet waterward of a shoreline, measured 164 from the OHW. The maximum encroachment waterward of the OHW is 165 10 feet. Encroachment from streambanks shall be minimized to the 166 greatest extent practical to limit hydraulic impacts; 167 168 (6) Streambank stabilization shall not reduce the cross sectional area of the 169 channel nor result in a net increase in the flood stage upstream or at the 170 site of the streambank stabilization practice unless it can be demonstrated 171 to not exacerbate existing high -water conditions; 172 173 (7) Shoreline /streambank stabilization practices shall conform to the 174 natural alignment of the bank (e.g., maintain an undulating or meandering 175 shoreline /streambank); 176 177 (8) The design shall reflect the engineering properties of the underlying 178 soils and any soil corrections or reinforcements. For a shoreline, the 179 design shall conform to engineering principles for dispersion of wave 180 energy and resistance to deformation from ice pressures and movement. 181 For a streambank, design shall conform to engineering principles for the 182 hydraulic behavior of open channel flow; 183 8 84 (9) For sites involving aquatic plantings or aquatic plant removal, a 185 separate Aquatic Plant Management permit shall be obtained from the 186 Department of Natural Resources, when applicable; 187 188 (10) Any work below the normal water level shall be encircled by a 189 flotation sediment curtain. The curtain shall be constructed and 190 maintained as illustrated in "Protecting Water Quality in Urban areas — 191 Best Management Practices for Minnesota" (MPCA 1989). The barrier 192 shall be removed upon completion of the work after disturbed sediment 193 has settled; 194 195 (11) All shoreline /streambank stabilization applications shall submit the 196 required exhibits as set forth in section 6, Criteria for Stabilization 197 Techniques, of this rule. Deleted: 4n/2olo 9:29:47 AM 4/22/2010 10:12:34 AM 6 , • -768- 198 •199 (a) Criteria for biological and bioengineering techniques (see typical detail 200 examples in Appendix A): 201 202 (1) Live plantings incorporated into the shoreline or bank shall be native 203 aquatic and/or native upland vegetation known to occur in the North 204 Central Hardwood Forest eco- region of Minnesota (refer to the Minnesota 205 Department of Natural Resources "Lakescaping for Wildlife and Water 206 Quality" and the Minnesota Pollution Control Agency "Plants for 207 Stormwater Design "); 208 209 (2) Vegetative treatments shall be installed in accordance with the Natural 210 Resource Conservation Service (MRCS) "Engineering Field Handbook 211 Chapter 16"; 212 213 (3) If wave barriers are utilized, they shall be located within the 3 foot 214 water depth or less and may not create and obstruction to navigation. 215 Wave barriers shall be removed within 2 years of the installation. 216 217 (b) Criteria for structural stabilization (see typical detail examples in Appendix 218 A): 219 220 (1) Hard armoring inert material, such as riprap, shall be considered 221 wetland fill only if proposed to be placed within an area identified as a 222 wetland; • 223 224 (2) Riprap shall extend no higher than the top of the bank, or two feet 225 above the 100 year high water elevation, whichever is lower; 226 227 (3) Riprap materials shall be durable stone meeting the size and gradation 228 requirements of MnDOT Class III or IV riprap. Toe boulders shall be at 229 least 50 percent buried and may be as large as 30 inches in diameter; 230 231 (4) A transitional granular filler meeting requirements of MnDOT 3601.13, 232 at least 6 inches in depth, shall be placed between the native shoreline and 233 the riprap to prevent erosion of fine grained soils. A geotextile filter fabric 234 meeting the requirements of MnDOT 3733 shall be placed beneath the 235 granular filler where appropriate; 236 /7/2010 9:29:47 AM 4/22/2010 10:12:34 AM 7 Deleted: 4 -' -769- •237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 61 62 263 264 265 266 267 268 269 270 271 272 273 274 275 6,1 (5) Riprap shall include plantings between individual boulders wherever feasible and practical; (6) Wherever practical and feasible, structural stabilization practices shall include native upland plantings to retard runoff and prevent erosion. 7. REQUIRED EXHIBITS FOR INSTALLATION OF NEW SHORELINE /STREAMBANK, RACTICES . - Deleted: STABILIZATION. (a) Erosion intensity calculations from section 3, Shoreline Erosion Intensity Calculation, or 4, Streambank Erosion Intensity Calculation, of this rule, whichever is applicable, or materials necessary to make the demonstration required in section 5, Design Flexibility. (b) Site plan showing: (1) Survey locating the existing ordinary high water (OHW) elevation, existing shoreline or streambank, floodplain elevation, and location of property lines including improvements to be undertaken on the situ - - Deleted:; (2) Elevation contours of the upland within 15 feet of the OHW and referenced to accepted datum; ( 3).---------------------- - - - - -- -- - - - - -~ (4)..................................................... (5) Plan view of locations and lineal footage of the proposed shoreline/bank stabilization treatment; and (6) The location of an upland baseline parallel to the shoreline/bank with stationing. The baseline shall be staked in the field and maintained in place until project completion. Baseline origin and terminus each shall be referenced to three fixed features, with measurements shown and described on the plan. Perpendicular offsets from the baseline to the OHW shall be measured and distances shown on the plan at 20 foot stations. (7) Photographs of the project site, showing existing conditions. Deleted: I Location of the shoreline /streambank stabilization zone and access corridor, Formatted: Bullets and Numbering Deleted: Location of existing trees and shrubs within the shoreline/streambank stabilization zone and an indication of whether they are to be removed or retained; (c) Cross section detailing: Deleted: 4/7/2010 9:29:47 AM 4/22/2010 10:12:34 AM 8 -770- 276 .277 (1) The proposed stabilization technique, drawn to scale, with the 278 horizontal and vertical scales noted on the drawing; 279 280 (2) Finished slope, distance lakeward, OHW, 100 year floodplain 281 elevation; 282 283 (3) Material specifications; 284 285 (4) Description of the underlying soil materials. 286 287 (d) Specification of erosion control and site stabilization practices. 288 289 (e) For biological stabilization: 290 291 (1) A planting plan, including a plant list with common and scientific 292 names, seed mix specifications, quantities and origin of all material; 293 294 (2) A maintenance plan specifying methods for controlling invasive 295 species and replacement of vegetation if necessary. 296 297 (f) For bioengineering: 298 299 (1) Detail the location of all hard armoring inert material, such as riprap, 300 to be utilized; 301 302 (2) Provide a written narrative explaining how the use of hard armoring 303 inert material such as riprap has been minimized to the extent practical and 304 feasible. 305 306 (g) For streambank stabilization: 307 308 (1) Cross sectional view of stream channel in existing and proposed 309 conditions; 310 311 (2) Longitudinal view of stream channel in existing and proposed 312 conditions; 313 314 (3) Plan view of stream channel in existing and proposed conditions; Deleted. 4/7/2010 9:29:47 AM 4/22/2010 10:12:34 AM 9 • -771- 315 •316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 0 3 40 41 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 • (4) Identification of bankf ill indicators; (5) Documentation of existing soils, wetlands, vegetation, slopes, bank and channel material; (6) Identification of in- stream features such as woody debris, riffles and pools, etc. (h),. _ ._ ... ........ ... - _.._ ._ - _.__.... _. ... _. _.._ .._ _ ................. ...._ _..... _.._. ... _ . __ ........ _.. .... .... .................... _..... _... - .... __ ....... _. _ .. _. 9. CRITERIA FOR LAYING SANDBLANKETS. All permitted sandblanketing shall comply with the following standards: (a) The sand or gravel used must be clean prior to being spread. The sand must contain no toxins or heavy metal, as defined by the Minnesota Department of Natural Resources, and must contain no weed infestations such as, but not limited to, water hyacinth, alligator weed, and Eurasian watermilfoil, or animal life infestations such as, but not limited to, zebra mussels or their larva. Violators will be prosecuted to the full extent of the law. (b) The sand layer must not exceed six inches in thickness, 50 feet in width along the shoreline, or one -half the width of the lot, whichever is less, and may not extend more than 10 feet waterward of the ordinary high water mark. (c) Only one installation of sand or gravel to the same location may be made during a four -year period. After the four years have passed since the last blanketing, the location may receive another sandblanket. _ - Deleted: No more than two applications may be made at an individual project site. (d) xce tion. Beaches which are operated by governmental entities and available_ -- - Formatted to the public shall be maintained in a manner that represents the m- i-n-i m-a-1 impact to the environment, relative to other reasonable alternatives, and shall be _ - _ _ - - _ - _ - Formamed Deleted: A maintenance plan specifying the methods, schedule and party responsible for ensuring the permanent stability of the shoreline or streambank, including establishment and maintenance of plantings, erosion control and continued compliance with the applicable criteria in section 6, Criteria for Stabilization Techniques, of this rule. Deleted: 8. MAINTENANCE DECLARATION. A declaration or other recordable instrument incorporating the maintenance plan required by paragraph 7(h), and describing techniques for maintenance of access corridors, periodic selective vegetation removal and ongoing vegetation management, must be submitted to and approved by the District, then recorded in the office of the county recorder or registrar before activity under the District permit commences. In lieu of recordation, a public pemvttee may assume the maintenance obligation by means of a written agreement with the District. The agreement shall state that if the ownership of the property on which the shoreline or streambank improvement is transferred, the permittee shall require the transferee to comply with this section.¶ exempted from the following restrictions: (1) Sandblankets be no more than 50 feet in width and extend no more than 10 feet waterward of the ordinary high water mark.. (2) Sandblankets be installed no more frequently than once every four yew,- ...................................... - 4/22/2010 10:12:34 AM 10 -772- Deleted: See go agWit 8(b). Wcgj :fv in¢ sandbhmket criteria of this rule; and Formatted Deleted: and no more than twice at the same project location Deleted: See paragraph 8(c), limiting repeated sandblanket installations, of this rule. Deleted: 4/7/2010 9:29:47 AM 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 10. SANDBLANKET REQUIRED EXHIBITS. The following exhibits shall accompany • the sandblanket permit application: (a) Site plan showing property lines, delineation of the work area, existing elevation contours of the adjacent upland area, ordinary high water elevation, and regional flood elevation (if available). All elevations must be reduced to NGVD (1929 datum). (b) Profile, cross sections and/or topographic contours showing existing and proposed elevations and proposed side slopes in the work area. (Topographic contours should be at intervals not greater than 1.0 foot). (c) A completed Sandblanket Permit Application form, available from the District. 11. CRITERIA FOR SEAtWALLS ------------------------------------------ Deleted: RETAINING (a) A new wall, or repair /reconstruction of an existing s,e � wall that increases - Deleted: retaining floodplain encroachment beyond that required by technically sound and accepted Deleted: gaining repair /reconstruction methods, is permitted only pursuant to a variance or an exception under the District Variance Rule. The applicant must demonstrate that there is no adequate stabilization alternative. (b) Wooden seawalls and/or steel sheetpiling ggxalls shall comply with accepted engineering principles. (c) The applicant shall submit a structural analysis prepared by a professional engineer registered in the State of Minnesota, in the practice of civil engineering, showing that the wall will withstand expected ice and wave action and earth pressures. i (d) The applicant shall submit a survey prepared by a registered land surveyor locating the finished wall and shall file a certificate of survey with the District. i ... ... ... ... .....__ ...._.__..._.._.......__... - - -- - ... ... ... _ ... ... _.._- - -- 4/22/201010:12:34AM____________ 11 -773- Deleted: 12. CRITERIA FOR OTHER SHORELINE IMPROVEMENTS. Other shoreline improvements, such as boat ramps, shall comply with accepted engineering principles as follows:¶ <# >Boat ramps and other similar improvements shall not be allowed riparian shoreline areas unless the applicant demonstrates that no fees alternative riparian access is available, that aquatic habitat and water quality impacts are minimized; and$ 9 #> Installation of boat ramps shall involve placement of no more than 50 cubic yards of inert and clean material, and the maximum width of shoreline disturbance shall be 15 feet unless the facility is a commercial marina or public launch facility that requires a greater width; and¶ t < # >Materials utilized for constmction of boat ramps or other similar improvements shall be safe and cause not adverse environmental impacts; the improvement shall be of sound design and construction so that the improvement is reasonably expected to be safe and effective.¶ Deleted: 4n12010 9:29:47 AM • •392 Definitions 393 • . -- Deleted:AMMCsrMOrMom `-------------------------------------------------------- - - - - -- e�r�telfo3£tpetf�tti�al 394 395 Bioengineering Stabilization means the strategic installation of natural, vegetative, 396 biologically active materials in conjunction with toe stabilization, riprap or other hard - 397 armoring materials to stabilize shoreline or streambank areas and associated slopes and 398 prevent erosion. 399 400 Biological Stabilization means the strategic placement of natural, vegetation, 401 biologically active materials — such as but not limited to brush mattresses, live 402 stakes /plantings, brush layering, fiber rolls, root wads and willow wattles — to stabilize 403 shoreline or streambank areas and prevent erosion. 404 405 JMaintenance Permit means a permit issued for the purpose of maintenance, repair or - - Formatted 406 replacement of an existing improvement or stabilization practice. Formatted: Bullets and Numbering 407 408 I • - Delebad � do ttirtar 409 410 Structural Stabilization is the use of engineered systems — such as riprap, retaining - 411 walls, headwalls, groins, revetments, gabions — to stabilize shoreline or streambank areas wa, of 412 and associated slope and prevent erosion. 413 414 415 • • Deleted: 4/7/2010 9:29:47 AM 4/22/2010 10:12:34 AM 12 -774- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 C Y of MoiWdRecommen"'Itevidons Dated AolrO 2L, 2010 Formatted MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS WETLAND PROTECTION RULE Proposed Revisions March 15, 2010 Linear Construction Project means building a new road, sidewalk or trail_ 1. POLICY. It is the policy of the Board of Managers to: (a) achieve no net loss in the quantity, quality and biological diversity of Minnesota's existing wetlands; l� 1� (b) increase the quantity, quality and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands; (c) avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality and biological diversity of wetlands; (d) minimize direct or indirect impacts from activities that destroy or diminish the quantity, quality and biological diversity of wetlands; (e) rectify the impact of any such activity by repairing, rehabilitating, or restoring the affected wetland environment; (f) reduce or eliminate the impact of such activity over time by preservation and maintenance operation during the life of the activity; (g) compensate for the impact on the wetlands by restoring a wetland; (h) compensate for the impact on the wetlands by replacing or providing substitute wetland resources or environments; (i) promote competent administration of the Wetland Conservation Act within the watershed. 2. REGULATION UNDER WETLAND CONSERVATION ACT AND WATERSHED LAW. is The Wetland Conservation Act, as amended, and its implementing rules as set forth in Minnesota Rules chapter 8420, as amended, specifically including sequencing requirements and all exemptions, are incorporated as a part of this rule!, ......... ............................... 4/22/2010 10:13 AIyL 1 -775- • Deleted: New Principal Residential Structure means a single - family residential building constructed on undeveloped property zoned for residential use or on a property zoned for residential use from which the principal building has been removed for purposes of constructing a new single - family residential building. I Deleted: Re Deleted: c Deleted: resurfacing or re Deleted: within existing right -of -way, and may include an increase in the area of impervious surface. Deleted: I The District regulates activity impacting wetlands pursuant to the Wetland Conservation Act and the Watershed Law. A permit for activities impacting wetlands or requiring wetland buffers is required as follows:¶ (a) In municipalities where the District is the local government unit under the Wetland Conservation Act, ape required from the District for any draining or filling of wetlands, or excavation in the permanently and semipennanently flooded areas of type 3, 4, or 5 wetlands, and in all wetland types if the excavation results in filling, draining, or conversion to nonwedand. Deleted: Wetland replacement, where permitted, shall comply with section 3, Wetland Replacement, of this role.¶ (b) A permit is required from the District pursuant to the excavation and buffer provisions in sections 4, Excavation, and 5, Buffer, of this rule, which are adopted under the District's watershed law authority and apply whether or not the District is the Wetland Conservation Act local government unit. Pursuant to this authority and section 4, Excavation, the District requires a permit for excavation in any type of wetland, except where specifically exempted by the Weiland Conservation Act Deleted: 4/21/2010 10:51 AM4/12/2010 12:38 PM • 47 48 49 3. WETLAND REPLACEMENT. 50 (a) Replacement wetland must be sited in the following order of priority, which 51 replaces the siting priority in Minnesota Rules section 8420.0522, subpart 7, as it 52 may be amended: 53 54 (1) On site; 55 56 (2) Within the same subwatershed as the affected wetland (see Appendix 57 1); 58 59 (3) In the Minnehaha Creek watershed. 60 61 (b) Pursuant to Minnesota Rules section 8420.0522, subp.7, as it may be 62 amended, when reasonable, practical and environmentally beneficial replacement 63 opportunities are not available in a siring priority area in subsection 3(a), 64 providing replacement priority areas, the applicant may seek opportunities at the 65 next level. When replacement opportunities are not available in any priority area, 66 the applicant may comply with this section through the purchase of banked credits 67 from the District at the cost to the District to establish credits, so long as the 68 District has determined that sufficient credits are available, or through the 69 purchase of other banked credits in the District. 70 71 4. EXCAVATION. Excavation in wetlands is subject to the following requirements. 72 73 (a) Excavation is governed by the substantive and procedural standards, criteria 74 and requirements set forth in the Wetland Conservation Act, as amended, and the • 75 rules implementing the Wetland Conservation Act as set forth in Minnesota Rules 76 chapter 8420, as amended, including all exemptions, with the exception that 77 replacement for excavation not subject to the Wetland Conservation Act shall be 78 at the ratio of 2:1. The prior siting requirements of section 3 of this rule, Wetland 79 Replacement, apply to replacement of excavated wetland under this section. 80 81 (b) Excavation of a wetland performed for public benefit, including excavation to 82 remove or control invasive species, shall be deemed self - replacing if the applicant 83 demonstrates that the wetland to be excavated is degraded; the proposed activity 84 would increase the wetland's function and value, as determined using the current 85 version of the Minnesota Routine Assessment Method or other method approved 86 by the District; and the enhanced wetland function and value are likely to be 87 preserved. - Deleted: Excavation shall not result in h88 applicant demonstrates that publics benefit 89 (c) Excavation in a wetland to construct or maintain public infrastructure and " is not obtainable absent such impact 90 related improvements shall be exempt from section 4 (Excavation) and Fonmaffied: Bullets and Numbering 91 section 5 (Buffer) of this Wetland Protection Rule. 92 Deleted: 4/21/201010:51 AM4/12/2010 12:38 PM 4/22/2010 10:1 ?------- ---- -- ------ -___ -� • -776- 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 5. BUFFER. (a) Any major subdivision project. as defined by local ordinance, that has Base Buffer Width wetlands present oil the site, will trigger the need for a buffer in accordance with Manage 3 these rules. r _8 feet (b) Buffer width will be determined in accordance with section 6, Buffer Width, . of this rule. Manage 1 2f feet 12 feet (c) Buffers shall be documented by declaration or other recordable instrument 5 feet approved by the District and recorded in the office of the county recorder or registrar before activity under the MCWD permit commences. A buffer on public land or right -of -way may be documented in a written agreement executed with the District in place of a recorded instrument. The agreement shall state that if the land containing the buffer is conveyed, the public body shall require the buyer to comply with this subsection. (d) A permanent wetland buffer monument shall be provided and installed by the MCWD, at each lot line where it crosses a wetland buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of 100 feet or at other suitable locations as approved by the District Language shall indicate the purpose of the buffer, restrictions, and the name and phone number of the Minnehaha Creek Watershed District­ Onpublic land, or right-way, the monumentation - - -- - ----- - - - - -- requirement may be satisfied by the use of a marker flush to the ground or breakaway markers of durable material. l 6. BUFFER WIDTH. (a) The Base Buffer Width shall be determined by the management class of the wetland as evaluated by the District's Functional Assessment of Wetlands or by the current version of the Minnesota Routine Assessment Method (MnR.AM). Management Class Base Buffer Width Minimum Applied Buffer Width Manage 3 16.5 feet _8 feet Manage 2 0 feet 10 feet Manage 1 2f feet 12 feet Preserve 5 feet 15 feet w (b) The Applied Buffer Width, the actual width of wetland buffer(s) required for a permitted project, isshall be the Base Buffer Width as reduced by beneficial slope or soil conditions or limited tributary drainage area pursuant to the following formulas: • Deleted: activity for which a permit is required under the Deleted: is .__... _ ......_..._ .............. Deleted' Wetland Protection Rule, the Stormwater Management Rule, Deleted: or Deleted: the District Waterbody Crossings and Structures Rule Deleted: , and construction of a New Principal Residential Structure Deleted: Deleted: Deleted: and requires a Major Subdivision according to the local ordinances of a municipality must provide for buffer(s) adjacent to each wetland and public waters wetland. Deleted: To the extent the buffer requirement applies to a proposed New Principal Residential Structure, it will be applied in accordance with protections afforded a zoning nonconformity under state law so as not to unduly restrict the proposed action. Buffer must be provided on that part of the wetland edge that is downgradient from the activity or construction and around each wetland that will be disturbed. Deleted: . Deleted: 20 feet Deleted: 16 feet Deleted: 30 feet Deleted: 24 feet tDeleted: : 40 feet : 34 feet : 75 feet 67 feet (1) For every 5 percent decrease in average buffer slope from 20 percent, the Base Buffer Width may be reduced 2 feet. Deleted: 4/21/201010:51 AM4/12/2010 12:38 PM 4/22/2010 10:13 A1VL 3 -777- • 133 • 134 135 (2) For every grade of Hydrologic Soil Group above Type D for the predominant buffer soil condition, the Base Buffer Width may be reduced 136 2 feet. 137 138 (3) The total area of the buffer shall not exceed eight ( 8) percent of the 139 drainage area tributary to the buffer from the lot. 140 141 Reductions for beneficial slope or soil conditions shall not reduce the buffer width 142 to less than the applicable Minimum Applied Buffer Width. 143 144 (c) The buffer width may be reduced if the total area of the buffer exceeds the 145 area of the wetland it is protecting. 146 147 (d) Buffer width may vary, provided that a width of at least 50 percent of the 148 Applied Buffer Width is maintained at all points, and the buffer provides wetland 149 and habitat protection at least equivalent to a buffer of uniform Applied Buffer 150 Width. Buffer width averaging calculation will exclude any part of the buffer 151 exceeding 200 percent of the Applied Buffer Width. - _ , - - - Deleted: The width of any impervious 152 - -- - - - - - - - - - - - - - - - - path or trail allowed in the buffer 153 (e) The Applied Buffer Width may be further reduced by the District upon a deducted from the buffer width calculation. 154 demonstration by the applicant that the proposed buffer conditions clearly provide 155 a higher function and value than would be required under the Applied Buffer 156 Width. 157 158 (f) The Applied Buffer Width for LinearFC,onstruction Projects shall be limited to - _ _........ _. _. _. ... _ ............... ....... Deleted: Re 159 , the extent of available right -of -way. Deleted: c 160 ---- -- -- •161 (g) The Applied Buffer Width for Major Subdivisions shall be limited to a - f Deleted: New Principal Residential 162 I maximum of 25 percent of the distance between the existing structure at the point structures 163 that it is nearest to the wetland and the wetland, or 25 feet, whichever is greater, 164 provided that such a buffer shall not exceed the Base Buffer Width, and the buffer 165 shall not render a property unbuildable. 166 167 7. WETLAND BUFFER VEGETATION. 168 169 (a) Buffer vegetation shall not be cultivated, cropped, pastured, mowed, fertilized, 170 subject to the placement of mulch or yard waste, or otherwise disturbed, except 171 for periodic cutting or burning that promotes the health of the buffer, actions to 172 address disease or invasive species, mowing for purposes of public safety, 173 temporary disturbance for placement or repair of buried utilities, or other actions 174 to maintain or improve buffer quality, each as approved by District staff or when 175 implemented pursuant to a written agreement executed with the District. 176 Pesticides and herbicides may be used in accordance with Minnesota Department - - - - -- 177 of Agriculture rules and guidelines. No fill, debris _ _ or other material shall be _ _ _ _ _ Deleted: No new structure or bard surface shall be placed within a buffer. 178 excavated from or placed within a buffer. Deleted: a/zinolo lo:sl AM4/12/2010 12:38 PM 4/22/2010 10:13 AM 4 �J -778- 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 ... . ... ... ... ... ............_._._.....__...._.._...__._...----.. ........_...................... -..... (b) All buffers required under this Wetland Protection Rule, the MCWD shall be responsible for performing all monitoring, reporting and enforcement activities in conformance with the conditions outlined in this Wile_ (c) Buffer areas, or portions thereof, that are not vegetated or will be disturbed by grading activities during construction, shall be replanted and maintained according to the following standards: (1) Soils must be decompacted to a depth of 18 inches and organic matter must be incorporated into soils before revegetation. Decompaction shall be accomplished solely by incorporation of organic matter within the drip line or critical root zone of trees or within 10 feet of underground utilities. (2) Erosion/sediment control practices, including provisions of sections 5, Erosion Control Plan, and 9, Maintenance, of the District Erosion Control Rule, as appropriate, shall be used during buffer vegetation establishment. (3) Buffers shall be planted with a native seed mix and/or native plantings approved by the District. (4) Buffer maintenance and monitoring shall be performed in accordance with section 10, Wetland Buffer Monitoring, of this rule. 8. PERFORMANCE BOND OR LETTER OF CREDIT. A performance bond or letter of credit, consistent with the District Performance Bond or Letter of Credit Rule, may be required for any project involving wetland replacement or replanting of wetland buffers. The bond or letter shall be maintained until the monitoring period has ended and District has approved the wetland replacement or establishment of the buffer. 9. REQUIRED EXHIBITS. The following exhibits shall accompany the Combined Joint Notification (CJN) form: (a) Complete delineation report, in accordance with the guidelines provided by the Board of Water and Soil Resources, for any wetland(s) that will be impacted or require a buffer. The report must be approved by the WCA Local Government Unit. (b) Site plan, one set - full size and one set - reduced to a maximum size of 11" x 17", showing: Deleted: (b) For public land, right -o way or property held by a homeowng association, the applicant may comp with paragraphs 5(d), requiring buffer monumentation Deleted: compliance Deleted: a Deleted: section Deleted: Deleted: Deleted: 7(a), vegetation management, and section 9, Wetland Buffer Monitoring, of this rule by demonstrating that the buffer will be maintained in accordance with a written maintenance agreement with the District meeting the buffer monumentation, vegetation management and wetland buffer monitoring requirements in this rule, listing required elements of paragraph 8(h), the Wetland Buffer Maintenance Plan, including terms describing in detail the location of wetland buffer on the subject property and providing detailed protocols for buffer maintenance.9 (1) Property lines and corners and delineation of lands under ownership of the applicant; Deleted: 4/21/2010 10:51 AM4/12/2010 12:38 PM 4/22/2010 10:13 AM 5 -779- • 225 .226 (2) Existing and proposed elevation contours; including the existing 227 runout elevation and flow capacity of the wetland outlet; 228 229 (3) Boundaries of all wetlands on the property; 230 231 (4) Boundaries of all existing or proposed buffers; 232 233 (5) Proposed locations of buffer signage. 234 235 (6) Area of the wetland portion to be filled, drained, or excavated. 236 237 (c) Identification and area of the total watershed area presently contributing 238 stormwater runoff to the wetland. 239 240 (d) A replacemesit plan, if required, meeting all the requirements of Minnesota 241 Rules chapter 8420, as amended. Replacement plans for wetland impacts not 242 subject to the WCA must meet these same requirements. 243 244 (e) For projects involving wetland excavation (including projects deemed self - 245 replacing under paragraph 4(b)), the application shall identify spoils placement on 246 upland and specify how the deposited materials will be stabilized and vegetated. 247 248 (f) Information showing whether the subject wetland is protected by either the 249 State or municipality or both. 250 251 (g) Wetland Buffer Planting Plan, if required under section 7, Wetland Buffer 252 Vegetation, including: 253 254 (1) Proposed seed mixes and other plant materials to be used; 255 256 (2) Seed or plant supplier and origin of materials; 257 258 (3) Seed/planting bed preparation (i.e. disking, raking, clearing, herbicide 259 control, topsoiling, etc.); 260 261 (4) Seeding and/or planting method (i.e. broadcast, drill, etc.); 262 263 (5) Application rate in either pounds of seed per acre and/or the number of 264 plants per unit area if using plugs or seedlings. Specify if using pure live 265 seed (PLS). Higher application rates will be required if not using PLS; 266 267 (6) Detailed erosion control plan for establishing wetland buffer. 268 269 (h) Wetland Buffer Maintenance Plan, if required under section 7, Wetland Buffer 270 Vegetation, including: Meted: 4/21/201010:51 AM4/12/2010 12:38 PM 4/ 22/ 2010 10:13 ANL 6 • -780- 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 (1) Schedule of establishment and maintenance activities for the first five years of establishment (i.e. watering, burning, mowing, herbicide control, etc.); (2) Identification of probable invasive species and steps that will be taken to control the spread of invasive species; (3) Inspection methods and schedule for monitoring invasive species and documenting native species germination and establishment. 10. WETLAND BUFFER MONITORING. For buffer areas required to be established or replaced under subsection 7(c), setting standards for buffer establishment and maintenance: (a) Upon final establishment, wetland buffers shall contain little or no bare soil and shall exhibit a dominance of native vegetation. r1 LJ (b) FThe District shall prepare an annual Wetland Buffer Inspection Report on or _ - - Deleted: The applicant shall submit tD before January 1 of each year for five years for projects where buffers are the re uire - - - Deleted:. (1) The,- istrict may cease annual monitoring office the wetland buffer is - ,established., (2) If the wetland buffer is poorly established at the end of the five year monitoring period, the District mayFontinue,,monitoring and maintenance activitie ` (c) The annual Wetland Buffer Inspection Report prepared by the MCWD shall include: (1) Site plan showing: i. Location of permitted buffer area; ii. Areas of bare soil or erosion; iii. Areas of invasive vegetation; iv. Location and type of any encroachments on the buffer (structures, unapproved mowing, trails, etc.) (2) Color photos of the wetland buffer taken during the growing season. Vantage points for these photos shall be labeled on the site plan. Deleted: 4/21/2010 10:51 AM4/12/2010 12:38 PM 4/22/2010 10:13 A1VL 7 -781- 0 317 •318 319 320 321 322 323 324 325 326 327 328 329 330 331 0 332 • (3) Description of buffer vegetation including: i. List of dominant plant species and their estimated percent cover. ii. Comparison of the species present to the approved planting/seeding plan. (d) A written narrative that identifies the management strategies that will be utilized during the upcoming growing season to manage invasive species, improve percent vegetative cover and species diversity, and mitigate any encroachments on the buffer. 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