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2010-05-25
PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. o through teamwork and cooperation, provides at a y cog tCY 1IIQIJND MISSION STATEMENT: The City of Mound, gh p , reasonabl p q�lity services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA �� °CITY COUNCIL TUESDAY, MAY 25, 2010 - 7:30 PM " "i F AR 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. Pate Open meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. * Consent A eg nda *A. Approve minutes: May 11, 2010 regular meeting 884 -886 *B. Approve payment of claims 887 -906 *C. Approve Right of Entry Authorization for Watercraft Inspections 907 -908 �. Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) 6. Action on Resolution Recognizing DECA Students for their "Little for 909 Lights" Fundraiser 7. Steve Johnson, City representative to the LMCD, with Draft 2011 LMCD 910 -918 Budget 8. Discussion/action on Planning Cases #10 -03 / 10 -04 / #10 -05 919 -967 Waiver of platting/boundary adjustment/variance(s) 5248 Sulgrove Lane Applicant: Brenshell Construction 9. Discussion/action on Planning Case #10 -07 968 -1061 Woodlyn Ridge Residential Subdivision Project 6301 Lynwood Boulevard Applicant: Timothy A Hartman A. Action on Resolution Approving Final Plat /Major 971 -976 B. Action on Resolution Approving Development Agreement 993 -1015 C. Action on Resolution Approving Early Start Agreement 1016 -1024 D. Action on Resolution Approving Wetland Buffer Declaration 1025 -1033 E. Action on Resolution Approving Trail Easement 1034 -1046 F. Action on Resolution Amending Resolutions No. 08 -15, 08 -16, 1047 -1061 08 -17 and 08 -114 to correct typographical errors in legal description PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 10. Discussion/action on Ordinance Amending Chapter 2 of the Mound City 1062 • Code as it Pertains to Council Meetings 11. Information/Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Reports: 2010 Open Book Meeting — May 5, 2010 1063 -1064 Finance Department — April 2010 1065 -1067 Fire Commission Meeting Agenda — May 19, 2010 1068 -1071 C. Minutes: Parks & Open Space Comm — May 13, 2010 1072 -1074 D. Correspondence: Letter from Lake Minnetonka Association 1075 Fire Department Fish Fry — June 5, 2010 1076 12. Adjourn .7 *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 May 25, 2010 Upcoming Events Schedule: Don't Forget! May 15 — Oct 30 (Saturday's) 8 -12:00 — Farmers' Market & More at Mound Transit Center May 22 —10:00 -2:00 — Police Auction — Pond Arena May 25 — 7:25 — HRA regular meeting May 25 — 7:30 — CC regular meeting June 5 — 3:00 -12:00 — Fire Department Fish Fry & Dance June 7 —12:00 — DARE Golf Open June 8 — 6:30 — HRA regular meeting June 8 — 7:30 — CC regular meeting July 8 — Minnehaha Creed Watershed District Public Hearing June 22 — 6:30 — HRA regular meeting June 22 — 7:30 — CC regular meeting July 15 -17 — Spirit of the Lakes Festival — All three days at Mound Bay Park! July 29 -31 — Crazy Days at Mound area businesses Aug 2 — noon- Rotary Golf — Pioneer Golf Course Aug 3 — Night to Unite (formerly National Night Out) Aug 3 -17 — Filing for local elections 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 20 —1:30 -4:30 — Flu Shot Clinic at Mound City Hall ,, Oct 31 — Seasonal Hours end Nov 7 — Daylight Saving Time ends Nov 18 — 6:00 — Tree Lighting Ceremony Dec 14 — Approve Final Budget Feb 19 — 6:00 -9:00 — Moonlight Trail Night 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 Sept 16 -Oct 3 Kandis Hanson Oct 16 -21 Kandis Hanson W ec 18 -Jan2 Kandis Hanson Sumner ik here ! YeaJv► Vacation City Manager's Conf Vacation MOUND CITY COUNCIL MINUTES MAY 11, 2010 • The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 11, 2010, at 7:30 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch Members absent: Councilmember Greg Skinner Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Amanda Schwarze, City Engineer Dan Faulkner, Vince Forstyk, Terry& Julie Tasche, Steve 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 meetina Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda MOTION by Osmek, seconded by Gesch to approve the agenda. All voted in favor. Motion carried. 4. Consent aaenda • MOTION by Osmek, seconded by Gesch to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of April 26, 2010 and April 27, 2010 special meetings B. Approve payment of claims in the amount of $233,328.77 C. Approve permits for Fire Department Fish Fry as applied for by Fire Relief Association: 1. Dance permit 2. Temporary one -day consumption & display permit (set -ups) 3. Temporary one -day on -sale liquor license (June 5) 4. Temporary sign permit D. RESOLUTION NO. 10 -27: RESOLUTION AWARDING CONTRACT FOR 2010 CRACK REPAIR E. RESOLUTION NO. 10 -28: RESOLUTION AWARDING CONTRACT FORO 2010 BITUMINOUS SEAL COAT PROJECT F. Approve temporary sign permit for 2010 Spirit of the Lakes Festival G. RESOLUTION NO. 10 -29: RESOLUTION ACCEPTING BID ALTERNATES AND AUTHORIZING REVISED CONTRACT FOR STREET LIGHTING UPGRADE PROJECT FOR COUNTY ROAD 15 AND COUNTY ROAD 110. SP 145 - 035 -01, MINNESOTA PROJECT NO. ES 10- ES(31) CITY OF MOUND PROJECT PW -09 -07 H. Approve rip -rap project requests for 4921 and 4849 Island View Drive 5. (This item moved in sequence to be considered after Item 7) 6 Comments and suggestions from citizens present on any item not on the agenda. Troy Tasche, 5238 Sulgrove Road, expressed his disapproval regarding a proposed subdivision of neighboring property that would result in four residential homes being constructed. Hanus stated that • the Council hasn't seen anything on this proposal yet and urged Tasche to attend the meeting when they discuss this topic and make his comments at that time. -884- Mound City Council Minutes — May 11, 2010 Vince Forstyk, 3131 Inverness, commented on a recent incident involving a neighbor of his and a Mound Police Officer. He expressed concern over the actions of the officer. Hanus stated he can't • comment because he has no knowledge of the incident. 7. 2010 Lift Station Reconstruction Project City Engineer Dan Faulkner of Bolton & Menk presented the feasibility report for the 2010 Lift Station Reconstruction Project. Councilmember Salazar arrived at this point in the meeting, at 7:50 p.m. Faulkner stated that there are four lift stations involved in the proposed project, with an estimated cost of $1,376.303. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -30: RESOLUTION RECEIVING REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BID FOR THE 2010 LIFT STATION RECONSTRUCTION PROJECT 5. Public hearing to consider ordinance amending Section 129 of the Mound Zoning Code Sarah Smith reviewed the proposed amendment is to the corner lot section, adding: In cases where the street side yard setback established is greater than the required front yard setback, the street side yard setback shall be the same as the front yard setback. She indicated that this is a housekeeping action that was recommended by the Planning Commission in 2009, but it was not brought to the Council until after the code was recodified. • Mayor Hanus opened the public hearing at 8:03 p.m. Vince Forstyk questioned what the amendment was concerning and Hanus explained it to him. Upon no further comment, the public hearing was closed. MOTION by Osmek, seconded by Salazar to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 01 -2010: AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE (ZONING ORDINANCE) AS IT RELATES TO CORNER LOT SETBACKS 8. Feedback on GEARS Board definition of terms and process for seating members Hanson stated that the GEARS Board is the Grant Evaluation and Ranking System Board established in 2008 to improve transit in the metropolitan region. Their role is to evaluate and rank grant applications based on criteria established by the Counties Transit Improvement Board, and forward these recommendations to CTIB. GEARS is asking the City of Mound for their input regarding the methodology for determining the terms of office and the seating /election of GEARS Board members to CTIB. Discussion followed regarding if it is fair and equitable for a GEARS board member to be instrumental in recommending grant monies for a county in which they reside. It was the consensus of the Council to have Kandis Hanson convey that they recommend two -year terms to the GEARS board, with a term limit of one term, with four terms expiring one year, and the other four the next. 9. Approve minutes MOTION by Osmek, seconded by Salazar to approve the minutes of the April 20, 2010 special • meeting. All voted in favor. Motion carried. -885- Mound City Council Minutes — May 11, 2010 • 10. Executive Session for purpose of the City Manager's performance evaluation At 8:15 p.m., Mayor Hanus announced that the Council would be going into closed session to discuss the City manager's performance evaluation. The Council returned from closed session at 9:10 p.m. MOTION by Osmek, seconded by Salazar adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -31: RESOLUTION AMENDING EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOUND AND CITY MANAGER KANDIS HANSON 11. Information /Miscellaneous A. Comments /reports from Councilmembers /City Manager 1. Mayor Hanus stated that his article in the recent City Contact regarding the MCWD proposed rule changes has resulted in an individual suggesting that the Council hold an informational meeting for the residents impacted by these proposed changes. This individual stated he was willing to pay for an ad in the Laker to advertise such a meeting. He noted that there is a MCWD meeting on May 13 and suggested that if this informational meeting is held, it be held between that meeting and the public hearing that will be held. Kandis suggested waiting until after the 13 meeting to determine timing and advertising for this proposed meeting. 2. Osmek stated that he would like to have an item put on the next agenda that would change the regular start time of Council meetings to 7:00 p.m. instead of 7:30 p.m. The 7:30 time was set when the HRA traditionally met at 6:30 p.m., and it has been some time since HRA meetings were held at that time. • 3. Osmek also expressed concern over a Councilmember that has been absent quite frequently from meetings. He stated that the Council needs to know if he intends not to attend meetings because of his retirement. Hanus also expressed concern over this absence. 4. Hanson announced the Mound Fire Department Fish Fry on June 6 and Greg Skinner's Retirement Party on May 19 at 5:00 p.m. at the American Legion. B. Reports: Staff update regarding FY2011 Senator Klobuchar federal appropriation request for Lakeside Trailhead construction at Gillespie Center project C. Minutes: April 6, 2010 Planning Commission April 8, 2010 Parks & Open Space Commission April 15, 2010 Docks and Commons Commission D. Correspondence: League of Minnesota Cities letter Gillespie Gazette DNR Shoreland rules Update Project — May 2010 12. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 9:20 p.m. All voted in favor. Motion carried. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • -886- MAY 25, 2010 CITY COUNCIL MEETING 1 051210SUE $26,925.88 MAY I 1 051810SUE $4 MAY I 052510SUE $231 MAY TOTAL $262,469.44 -887- 0 0 CITY OF MOUND 05/18/10 1:53 PM Page 1 �P *Check Detail Register© CITY OF MOUND May 2010 10100 Wells Fargo $26,925.88 is -888- Check Amt Invoice Comment 10100 Wells Fargo Paid Chk# 034971 5/12/2010 HENTGES, MATTHEW E 222 - 42260 -434 Conference & Training $81.98 05 1210 04 -09 -10 STATE FIRE SCHOOL Total HENTGES, MATTHEW $81.98 Paid Chk# 034972 5/12/2010 KURTZ, JAMES E 101-42110-430 Miscellaneous $127.66 05 1210 DISPLAY CASE FOR LOBBY Total KURTZ, JAMES $127.66 Paid Chk# 034973 5/12/2010 MCATEE, JEFFREY G101-20800 Due to Other Governments $1.98 051210 2900 HALSTEAD LANE #2010 -00184 R 101 -42000 -34104 Plan Check Fee $40.04 051210 2900 HALSTEAD LANE #2010 -00184 R 101 -42000 -32210 Building Permits $61.60 05 1210 2900 HALSTEAD LANE #2010 -00184 Total MCATEE, JEFFREY $103.62 Paid Chk# 034974 5/12/2010 MINNESOTA DEPT OF HEALTH E 601 - 49400 -438 Licenses and Taxes $23.00 05 1210 2010 WATER LICENSE RENEWAL, NELSON, J. Total MINNESOTA DEPT OF HEALTH $23.00 Chk# 034975 5/12/2010 MOUND CRIME PREVENTION • Paid E 609 -49750 -340 Advertising $400.00 051210 2010 DARE OPEN TEAM FEES E 609 -49750 -340 Advertising $150.00 05 1210 2010 DARE OPEN SPONSORSHIP Total MOUND CRIME PREVENTION $550.00 Paid Chk# 034976 5/12/2010 NORLANDER, JILL E 101 -45200 -218 Clothing and Uniforms $48.97 05 1210 2010 MOUNDWEAR Total NORLANDER, JILL $48.97 Paid Chk# 034977 5/12/2010 PEDERSON, GREG E 222 -42260 -331 Use of personal auto $27.50 051210 UNIFORM PICKUP E 222 -42260 -210 Operating Supplies $54.25 05 1210 KITCHEN SUPPLIES Total PEDERSON, GREG $81.75 Paid Chk# 034978 5/12/2010 TY AND JAKE LLC G 101 -22801 Deposits /Escrow $61.37 05 1210 1735 CANARY LANE UTILITY REFUND Total TY AND JAKE LLC $61.37 Paid Chk# 034979 5/12/2010 WACONIA FORD MERCURY E 101 - 45200 -500 Capital Outlay FA $25,847.53 05 1210 #6018 2011 FORD F550 Total WACONIA FORD MERCURY $25,847.53 10100 Wells Fargo $26,925.88 is -888- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 609 MUNICIPAL LIQUOR FUND CITY OF MOUND 05/18/10 1:53 PM Page *Check Detail Register© 0 May 2010 Check Amt Invoice Comment 10100 Wells Fargo $26,189.15 $163.73 $23.00 4tsx;n nn $Zb,VZb.t$t5 • • -889- CITY OF MOUND 05/18/10 1:46 PM • �/'"^ Page 1 *Check Detail Register© CITY OF MOUND May 2010 10100 Wells Fargo $4,179.62 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $3,847.23 601 WATER FUND $154.53 602 SEWER FUND $154.52 680 HRA PUBLIC HOUSING $23.34 $4,179.62 • -890- Check Amt Invoice Comment 10100 Wells Fargo Paid Chk# 034980 5/18/2010 BECK, KENNETH E 101 - 42110 -434 Conference & Training $37.50 05 1810 05 -05 -10 TRAINING Total BECK, KENNETH $37.50 Paid Chk# 034981 5/18/2010 KLESK, MARK R 680 -49800 -36200 Miscellaneous Revenues $23.34 05 1910 5496 LOST LAKE LANE W/S REFUND Total KLESK, MARK $23.34 Paid Chk# 034982 5/18/2010 MOUND POST OFFICE E 601 -49400 -322 Postage $154.53 051810 05 -10 UTILITY BILLING E 602 - 49450 -322 Postage $154.52 05 1810 05 -10 UTILITY BILLING Total MOUND POST OFFICE $309.05 Paid Chk# 034983 5/18/2010 RITTER, BONNIE E 101 - 41310 -434 Conference & Training $52.07 05 1810 05 -13 -10 CLERKS CONFERENCE Total RITTER, BONNIE $52.07 Paid Chk# 034984 5/18/2010 WEBER, VICKI E 101 - 41110 -430 Miscellaneous $64.98 05 1810 SKINNER RETIREMENT • Total WEBER, VICKI $64.98 Paid Chk# 034985 5/18/2010 XCEL ENERGY E 101 -43100 -381 Electric Utilities $3,692.68 32 0381941 04 -10 #51- 4802601 -1 Total XCEL ENERGY $3,692.68 10100 Wells Fargo $4,179.62 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $3,847.23 601 WATER FUND $154.53 602 SEWER FUND $154.52 680 HRA PUBLIC HOUSING $23.34 $4,179.62 • -890- CITY OF MOUND 05/18/10 1:42 PM Page 1 Z' Payments CITY OF MOUND Current Period: May 2010 Batch Name 052510SUE User Dollar Amt $321,363.94 Payments Computer Dollar Amt $321,363.94 $0.00 In Balance Refer 52510 A& S TRAINING, LLC _ Cash Payment E 10142110 -434 Conference & Training TEAM LEADER COURSE, SCHOENHERR $225.00 Invoice DS -P -10-1 5/25/2010 PO 21996 Transaction Date 5/17/2010 Wells Fargo 10100 Total $225.00 Refer 52510 A -1 RENTAL OF LAKE MINNETONK Cash Payment G 101 -22803 Police Reserves SIGN FOR APPS FOR RESERVES $45.36 Invoice 66990 5/25/2010 PO 21998 Transaction Date 5/17/2010 Wells Fargo 10100 Total $45.36 Refer 52510 AAA NURSERYAND LANDSCAPIN _ Cash Payment E 40143109 -500 Capital Outlay FA DIRT AUDITORS ROAD GREEN SPACE $160.92 Invoice 052510 5/25/2010 Project PW0901 Transaction Date 5/10/2010 Wells Fargo 10100 Total $160.92 Refer 52510 ADVANCED GRAPHIX, INCORPOR _ Cash Payment E 101 - 42110404 Machinery/Equip Repairs #843 CUSTOM GRAPHICS $379.00 Invoice 181345 5/25/2010 PO 21987 Transaction Date 5/11/2010 Wells Fargo 10100 Total $379.00 Re fer 52510 AMUNDSON, M. LLP _ Cash Payment E 60949750 -256 Tobacco Products For R CIGARETTES $517.30 Invoice 85474 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $517.30 Refer 52510 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $98.56 Invoice 461012610 -A 5/25/2010 Cash Payment E 609 -49750 -265 Freight 05 -06 -10 DELIVERY CHARGE $1.00 Invoice 461012610 -B 5/25/2010 Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $178.44 Invoice 387013411 -A 5/25/2010 Cash Payment E 609 -49750 -265 Freight 05 -14 -10 DELIVERY CHARGE $1.00 Invoice 387013411 -B 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $279.00 Refer 52510 BELLBOY CORPORATION _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,413.15 Invoice 53220200 5/25/2010 Cash Payment E 60949750 -210 Operating Supplies BAGS, SHELF STRIPS $130.40 Invoice 83608300 -A 5/25/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $119.00 Invoice 83608300 -B 5/25/2010 Cash Payment E 60949750 -251 Liquor For Resale LIQUOR $1,330.50 Invoice 53168100 -A 5/25/2010 Cash Payment E 609 -49750 -265 Freight 05 -05 -10 DELIVERY CHARGE $18.45 Invoice 53168100 -B 5/25/2010 Cash Payment E 60949750 -255 Misc Merchandise For R PLASTIC CUPS $81.76 Invoice 83650100 -A 5/25/2010 01 �11 01 -891- -892- CITY OF MOUND 05/18/10 1:42 PM Page 2 Payments CITY OF MOUND Current Period: May 2010 Cash Payment E 609- 49750 -210 Operating Supplies BAGS $73.70 Invoice 83650100 -B 5/25/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $59.50 Invoice 83650100 -C 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $3,226.46 Refer 52510 BIFFS, INC PORTABLE RESTROO _ Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 04 -07 -10 THRU 05 -04 -10 MOUND BAY PARK $18.14 Invoice W404855 5/25/2010 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 04 -07 -10 THRU 05 -04 -10 SKATEPARK $172.35 Invoice W404856 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Total $190.49 Refer 52510 BOLTON AND MENK, INCORPORA Cash Payment E 101 -43100 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 RESEARCH METRO $378.25 CITIES SPECIAL ASSESSMENT POLICIES Invoice 132303 -A 5/25/2010 Cash Payment E 601 -49400 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 RESEARCH METRO $378.25 CITIES SPECIAL ASSESSMENT POLICIES Invoice 132303 -B 5/25/2010 Cash Payment E 602 - 49450 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 RESEARCH METRO $378.25 CITIES SPECIAL ASSESSMSENT POLICIES • Invoice 132303 -C 5/25/2010 Cash Payment E 675 -49425 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 RESEARCH METRO $378.25 CITIES SPECIAL ASSESSMENT POLICIES Invoice 132303 -D 5/25/2010 Cash Payment E 675 -49425 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 WCA $55.00 ADMINISTRATION Invoice 132304 5/25/2010 Cash Payment E 101 -43100 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 UPDATE STREET $50.75 AND UTILITY MAPS Invoice 132305 -A 5/2512010 Cash Payment E 601 -49400 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 UPDATE STREET $50.75 AND UTILITY MAPS Invoice 132305 -B 5/25/2010 Cash Payment E 602 -49450 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 UPDATE STREET $50.75 AND UTILTIY MAPS Invoice 132305 -C 5/25/2010 Cash Payment E 675 -49425 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 UPDATE STREET $50.75 AND UTILITY MAPS Invoice 132305 -D 5/25/2010 Cash Payment G 101 -23227 5248 Sulgrove Rd #10- 03/04/ 03 -20 -10 THRU 04 -16 -10 5428 SULGROVE $142.00 VARIANCE REQUEST Invoice 132306 -A 5/25/2010 Cash Payment G 101 -23231 6301 Lynwood #10 -07, Wood 03 -20 -10 THRU 04 -16 -10 6301 LYNWOOD $411.00 BLVD WOODLYN RIDGE WCA REVIEW Invoice 132306 -B 5/25/2010 Cash Payment E 675- 49425 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 PORT HARRISON $44.00 DRAINAGE STUDY Invoice 132307 5/25/2010 Project PW0704 Payment E 675 -49425 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 SWPPP UDPATE $680.50 . Cash Invoice 132308 5/25/2010 -892- Refer 52510 BRYAN ROCK PRODUCTS Cash Payment CITY OF MOUND 05/18/10 1:42 PM 5/25/2010 Cash Payment E 601 49400 -224 Street Maint Materials 1" RED DECORATIVE Page 3 / Cash Payment Payments Invoice 052510 CITY OF MOUND Transaction Date 5/10/2010 Wells Fargo 10100 Refer 52510 CARQUEST OF NAVARRE (P/149 Current Period: May 2010 Invoice 6974 - 123083 Cash Payment E 401 -43127 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 MSA SYSTEM $3,797.00 Cash Payment E 101 - 43100-404 Machinery/Equip Repairs #1105 ADV GEN BATTERY UDPATE 5/25/2010 Invoice 132309 5/25/2010 Invoice 6974 - 122134 5/25/2010 Cash Payment Cash Payment E 401 -43102 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 AUDITORS ROAD $132.00 Invoice 132310 5/25/2010 Project PW0806 Cash Payment E 401 -43109 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 ISLAND VIEW DRIVE $2,798.50 RECONSTRUCTION Invoice 132311 5/25/2010 Project PWO902 Cash Payment E 401 - 43109 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 2009 STREET $2,222.50 RECONSTRUCTION Invoice 132312 5/25/2010 Project PWO901 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 03 -20 -10 THRU 04 -16 -10 2009 LIFT STATION $6,768.50 RECONSTRUCTION Invoice 132313 5/25/2010 Project PWO904 Cash Payment E 401 -43160 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 STREET LIGHT $1,349.00 REPLACEMENT Invoice 132315 5/25/2010 Project PW0907 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 03 -20 -10 THRU 04 -16 -10 2010 DRAINAGE $194.00 IMPROVEMENTS Invoice 132316 5/25/2010 Project PW1003 Cash Payment E 675 -49425 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 SURAFCE WATER $1,599.50 MANAGEMENT Invoice 132317 5/25/2010 Cash Payment E 401 -43101 -300 Professional Srvs 03 -20 -10 THRU 04 -16 -10 2010 SEAL COAT $2,120.50 • PROJECT Invoice 132318 5/25/2010 Project PW1001 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 03 -20 -10 THRU 04 -16 -10 2010 LIFT STATION $1,305.50 RECONSTRUCTION Invoice 132319 5/25/2010 Project PW1002 Transaction Date 5/17/2010 Wells Fargo 10100 Total $25,335.50 Refer 52510 BRYAN ROCK PRODUCTS Cash Payment E 101 -45200 -232 Landscape Material RED BALL AGGREGATE Invoice 052510 5/25/2010 Cash Payment E 601 49400 -224 Street Maint Materials 1" RED DECORATIVE Invoice 052510 5/25/2010 Cash Payment E 60249450 -224 Street Maint Materials 1" RED DECORATIVE Invoice 052510 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Refer 52510 CARQUEST OF NAVARRE (P/149 Cash Payment E 101 45200 -404 Machinery/Equip Repairs RUBBER TRACK FLAP Invoice 6974 - 123083 5/25/2010 Cash Payment E 10143100 -404 Machinery/Equip Repairs PLATE TAMPER Invoice 6974 - 122540 5/25/2010 Cash Payment E 101 - 43100-404 Machinery/Equip Repairs #1105 ADV GEN BATTERY Invoice 6974 - 121995 5/25/2010 Cash Payment E 10143100 -404 Machinery/Equip Repairs #1105 CORE RETURN Invoice 6974 - 122134 5/25/2010 Cash Payment E 10143100404 Machinery/Equip Repairs #404 FRICTION CALIPER Invoice 6974 - 122816 5/25/2010 Cash Payment E 10143100404 Machinery/Equip Repairs #604 OIL FILTER Invoice 6974 - 121206 -A 5/25/2010 $140.23 $387.78 $387.77 Total $915.78 $19.22 $16.54 $209.43 - $25.65 $231.05 $2.24 • -893- -894- CITY OF MOUND 05/18/10 1:42 PM Page 4 Payments CITY OF MOUND Current Period: May 2010 Cash Payment E 601- 49400 -404 Machinery/Equip Repairs #604 OIL FILTER $2.24 Invoice 6974 - 121206 -B 5/25/2010 Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs MIRROR HEAD $22.23 Invoice 6974 - 123082 5/25/2010 Cash Payment E 101 -43100 -404 Machinery/Equip Repairs 03 -31 -10 SHOP SUPPLIES $0.46 Invoice FC2503993 -A 5/25/2010 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs 03 -31 -10 SHOP SUPPLIES $0.46 Invoice FC2503993 -B 5/25/2010 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs 03 -31 -10 SHOP SUPPLIES $0.46 Invoice FC2503993 -C 5/2512010 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs SQUAD SUPPLIES $17.76 Invoice 6974 - 120458 5/25/2010 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs #604 SUPPLEIS $4.48 Invoice 6974 - 121206 5/25/2010 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs #302 CORE RETURN - $84.43 Invoice 6974 - 122591 5/25/2010 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #847 CERAMIC BRAKE PAD $74.14 Invoice 6974 - 122951 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $490.63 Refer 52510 CAT AND FIDDLE BEVERAGE Cash Payment E 609 -49750 -253 Wine For Resale WINE $432.00 • Invoice 86291 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $432.00 Refer 52510 CENTURY FENCE COMPANY Cash Payment E 101 -43100 -223 Building Repair Supplies FENCE EAST SIDE OF PM BLDG $3,623.33 Invoice 9819C00 -A 5/25/2010 PO 22295 Cash Payment E 601 -49400 -223 Building Repair Supplies FENCE EAST SIDE OF P/W BLDG $3,623.33 Invoice 9819C00 -B 5/25/2010 PO 22295 Cash Payment E 602 -49450 -223 Building Repair Supplies FENCE EAST SIDE OF PAN BLDG $3,623.34 Invoice 9819C00 -C 5/25/2010 PO 22295 Transaction Date 5/10/2010 Wells Fargo 10100 Total $10,870.00 Refer 52510 COCA COLA BOTTLING - MIDWEST Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $394.70 Invoice 0168052115 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $394.70 Refer 52510 CROWDER SUPPLY COMPANY, IN _ Cash Payment E 101 -43100 -500 Capital Outlay FA COMPRESSOR FOR 2002 CHEVY $203.18 Invoice 44441 5/25/2010 P021814 Transaction Date 5/17/2010 Wells Fargo 10100 Total $203.18 Refer 52510 DAHLHEIMER BEVERAGE LLC _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $400.00 Invoice 78411 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $400.00 52510 DANIMAL DISTRIBUTING, INCORP • Refer Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $207.00 Invoice 4301097 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $207.00 -894- CITY OF MOUND 1� Payments CITY OF MOUND Current Period: May 2010 Refer 52510 DAY DISTRIBUTING COMPANY Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 551591 5/25/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 551592 5/25/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 552016 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 DOCKMASTERS OF LAKE MINNET 05/18/10 1:42 PM Page 5 • $1,051.85 $41.90 $148.00 Total $1,241.75 $646.59 $6,096.00 $518.00 Cash Payment E 101 -45200 -220 Repair /Maint Supply AVALON, EAGLE, FAIRVIEW, TWIN PARK, AND SAFETY CAPS Invoice 201890 5/25/2010 Cash Payment E 281 - 45210 -440 Other Contractual Servic INSTALL DOCK SECTIONS Invoice 201886 -A 5/25/2010 Cash Payment E 101 - 45200 -400 Repairs & Maintenance INSTALL DOCK SECTIONS Invoice 201886 -B 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Refer 52510 EMERGENCY AUTOMOTIVE TECH Cash Payment E 601- 49400 -404 Machinery/Equip Repairs PERMANENT AMBER MOUNT Invoice CS050510 -4 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 EMERGENCY MEDICAL SOLUTION Cash Payment E 101 - 43100 -434 Conference & Training HEARTSAVER CPR Invoice 0038 -A 5/25/2010 Cash Payment E 601 - 49400 -434 Conference & Training HEARTSAVER CPR Invoice 0038 -B 5/25/2010 Cash Payment E 602- 49450 -434 Conference & Training HEARTSAVER CPR Invoice 0038 -C 5/25/2010 Cash Payment E 101 - 45200 -434 Conference & Training HEARTSAVER CPR Invoice 0038 -D 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 EXTREME BEVERAGE _ Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 33792 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 G & K SERVICES _ Cash Payment E 101 -43100 -218 Clothing and Uniforms 05 -03 -10 UNIFORMS Invoice 6372899 -A 5/25/2010 Cash Payment E 601 -49400 -218 Clothing and Uniforms 05 -03 -10 UNIFORMS Invoice 6372899 -B 5/25/2010 Cash Payment E 602 -49450 -218 Clothing and Uniforms 05 -03 -10 UNIFORMS Invoice 6372899 -C 5/25/2010 Cash Payment E 101 -43100 -230 Shop Materials 05 -03 -10 MATS Invoice 6372899 -D 5/25/2010 Cash Payment E 601 -49400 -230 Shop Materials 05 -03 -10 MATS Invoice 6372899 -E 5/25/2010 Cash Payment E 602 -49450 -230 Shop Materials 05 -03 -10 MATS Invoice 6372899 -F 5/25/2010 $19.08 $20.68 $25.77 $42.34 $42.34 • $42.34 -895- Total $7,260.59 $128.41 Total $128.41 • $58.33 $33.33 $83.34 $75.00 Total $250.00 $630.00 Total $630.00 CITY OF MOUND I` Payments CITY OF MOUND Current Period: May 2010 Cash Payment E 609 - 49750 -460 Janitorial Services 04 -19 -10 MATS Invoice 6350592 5/25/2010 Invoice 195024 Cash Payment E 609 - 49750 -460 Janitorial Services 04 -26 -10 MATS Invoice 6361721 5/25/2010 5/25/2010 Cash Payment E 101 -45200 -218 Clothing and Uniforms 05 -10 -10 UNIFORMS Invoice 6383866 -A 5/25/2010 Cash Payment Cash Payment E 101 -45200 -210 Operating Supplies 05 -10 -10 MATS Invoice 6383866 -B 5/25/2010 5/25/2010 Cash Payment E 101 - 41910 -460 Janitorial Services 05 -17 -10 MATS Invoice 6394912 5/25/2010 Refer 52510 Cash Payment E 609 - 49750 -460 Janitorial Services 04 -12 -10 MATS Invoice 6339419 5/25/2010 Invoice 399575 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 GERTENS LIQUOR 10100 10100 05/18/10 1:42 PM Page 6 $51.60 $51.60 $15.98 $62.75 $109.99 $51.60 Total $536.07 $1,621.28 Total $1,621.28 Total $813.00 $813.00 $600.00 $2.25 $300.00 $6.75 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 118721 -A 5/25/2010 Cash Payment E 609 - 49750 -265 Freight 05 -06 -10 DELIVERY CHARGE Invoice 118721 -B 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 118878 -A 5/25/2010 Cash Payment E 609 -49750 -265 Freight 05 -12 -10 DELIVERY CHARGE Invoice 118878 -B 5/25/2010 Cash Payment E 101 -45200 -232 Landscape Material PARK PLANTS Refer 52510 Invoice 195024 5/25/2010 Cash Payment E 609 -49750 -251 Liquor For Resale Transaction Date 5/10/2010 Wells Fargo 5/25/2010 Refer 52510 GRAND PERE WINES, INCORPOR E 609 -49750 -253 Wine For Resale WINE Cash Payment E 609 -49750 -253 Wine For Resale WINE Cash Payment Invoice 24969 5/25/2010 Invoice 400055 • Transaction Date 5/17/2010 Wells Fargo E 609 - 49750 -253 Wine For Resale Refer 52510 GRAPE BEGINNINGS, INCORPORA 5/25/2010 10100 10100 05/18/10 1:42 PM Page 6 $51.60 $51.60 $15.98 $62.75 $109.99 $51.60 Total $536.07 $1,621.28 Total $1,621.28 Total $813.00 $813.00 $600.00 $2.25 $300.00 $6.75 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 118721 -A 5/25/2010 Cash Payment E 609 - 49750 -265 Freight 05 -06 -10 DELIVERY CHARGE Invoice 118721 -B 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 118878 -A 5/25/2010 Cash Payment E 609 -49750 -265 Freight 05 -12 -10 DELIVERY CHARGE Invoice 118878 -B 5/25/2010 Transaction Date 5/17/2010 Wells Fargo Refer 52510 GRIGGS COOPER AND COMPANY _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 396402 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 396403 5/25/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 400055 5/25/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 399576 5/25/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 399575 5125/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 399574 5/25/2010 Date 5/17/2010 Wells Fargo • Transaction Refer 52510 HAWKINS, INCORPORATED _ 10100 Total $909.00 $512.88 $1,331.05 $50.00 $199.85 $25.60 $3,451.14 10100 Total Cash Payment E 601 -49400 -227 Chemicals CHLORINE CYLINDER Invoice 3115159 5/25/2010 $5,570.52 $50.00 -896- CITY OF MOUND Payments CITY OF MOUND Refer 52510 HENNEPIN COUNTY INFORMATIO 05/18/10 1:42 PM Page 7 $3,086.83 $3,136.83 $51.98 $42.17 $44.30 $138.45 $153.90 $153.90 $2.50 $2.00 $2.00 $2.00 $1.50 $10.00 Cash Payment E 101 - 42110 -418 Other Rentals Current Period: May 2010 Cash Payment E 601 -49400 -227 Chemicals ACID, CHLORINE Invoice 3117543 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Total Refer 52510 HD SUPPLY WATERWORKS, LTD Refer 52510 HENNEPIN COUNTY SHERIFF'S A _ Cash Payment E 401 -43109 -500 Capital Outlay FA IRRIGATION AUDITORS ROAD Invoice 1309332 5/25/2010 PO 21822 Project PWO901 Cash Payment E 401 -43109 -500 Capital Outlay FA IRRIGATION AUDITORS ROAD Invoice 1306729 5/25/2010 PO 21822 Project PWO902 Cash Payment E 601 -49400 -220 Repair /Maint Supply PRESSURE GUAGE Invoice 1319671 5/25/2010 P021824 Transaction Date 5/10/2010 Wells Fargo 10100 Total Refer 52510 HECKSEL MACHINE SHOP _ $48.00 Cash Payment E 602 - 49450404 Machinery/Equip Repairs #195 HOSE WITH ENDS Invoice 90453 5/25/2010 Transaction Date 5/17/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Total Refer 52510 HENNEPIN COUNTY GIS USER GR _ Cash Payment E 101 - 42400 -433 Dues and Subscriptions 2010 MEMBERSHIP DUES, HANSON, R. Invoice 052510 -A 5/25/2010 Cash Payment E 101 - 43100 -433 Dues and Subscriptions 2010 MEMBERSHIP DUES, HANSON, R. Invoice 052510 -B 5/25/2010 Cash Payment E 601 - 49400 -433 Dues and Subscriptions 2010 MEMBERSHIP DUES, HANSON, R. Invoice 052510 -C 5/25/2010 Refer 52510 JOHNSON BROTHERS LIQUOR _ Cash Payment E 602 - 49450 -433 Dues and Subscriptions 2010 MEMBERSHIP DUES, HANSON, R. Invoice 052510 -D 5/25/2010 WINE Cash Payment E 675- 49425 -433 Dues and Subscriptions 2010 MEMBERSHIP DUES, HANSON, R. Invoice 052510 -E 5/25/2010 Transaction Date 5/11/2010 Wells Fargo 10100 Total Refer 52510 HENNEPIN COUNTY INFORMATIO 05/18/10 1:42 PM Page 7 $3,086.83 $3,136.83 $51.98 $42.17 $44.30 $138.45 $153.90 $153.90 $2.50 $2.00 $2.00 $2.00 $1.50 $10.00 Cash Payment E 101 - 42110 -418 Other Rentals 04 -10 RADIO LEASE $1,306.03 Invoice 20048036 5/25/2010 Transaction Date 5/11/2010 Wells Fargo 10100 Total $1,306.03 Refer 52510 HENNEPIN COUNTY SHERIFF'S A _ Cash Payment E 101 - 41600 -450 Board of Prisoners 04 -10 PROCESSING FEE $247.40 Invoice 3033 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $247.40 Refer 52510 HENNEPIN COUNTY TREASURER _ Cash Payment G 101 -23220 4942 Edgewter #09 -14 Varia 4942 EDGEWATER VARIANCE $48.00 Invoice 9504180 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $48.00 Refer 52510 HOLASEK, EARL AND SON GREEN _ Cash Payment E 101 -45200 -232 Landscape Material HANGING BASKETS $715.53 Invoice 31857 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $715.53 Refer 52510 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609 - 49750 -253 Wine For Resale WINE $765.00 Invoice 1829408 5/25/2010 �11 101 01 -897- 10 CITY OF MOUND Payments CITY OF MOUND Current Period: May 2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 1829174 5/25/2010 Cash Payment Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 1829175 5/25/2010 Cash Payment Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 1833176 5/25/2010 Transaction Date 5/10/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 1833175 5/25/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 1833174 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 JUBILEE FOODS _ Cash Payment E 680 - 49800 -460 Janitorial Services 05 -08 -10 RECYCLE DAY Invoice 052510 5/25/2010 5/25/2010 05/18/101:42 PM Page 8 $2,971.78 $2,136.55 $32.49 $6,406.40 $1,507.65 Total $13,819.87 $62.84 $62.84 Transaction Date 5/17/2010 Wells Fargo 10100 Total Refer 52510 KANDIYOHI DEVELOPMENT PART _ Cash Payment E 101 - 41115 -430 Miscellaneous Cash Payment E 101 -41910 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Refer 52510 LAKE MINNETONKA CONSERVATI _ Cash Payment E 101 -41910 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Transaction Date 5/10/2010 • Cash Payment E 285 -46388 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Cash Payment E 609 -49750 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Cash Payment G 101 -13100 Due From Other Funds APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Cash Payment E 101 -42110 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Cash Payment E 222 -42260 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Cash Payment E 101 -43100 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Cash Payment E 601 -49400 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Cash Payment E 602 -49450 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 Cash Payment E 675 -49425 -300 Professional Srvs APPLICATION STATE EFFICIENCY GRANT Invoice 504 5/25/2010 D t 5 812 0 1 0 Wells Faro 10100 Total Transaction a e 9 Refer 52510 LAKE MINNETONKA ASSOCIATION Cash Payment E 101 - 41115 -430 Miscellaneous MILFOIL TREATMENT Invoice 4612 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Refer 52510 LAKE MINNETONKA CONSERVATI _ Payment E 101 - 41110 -433 Dues and Subscriptions 2ND QTR LEVY PAYMENT is Cash Invoice 052510 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Refer 52510 LAWSON PRODUCTS, INC _ $254.28 $153.18 $401.46 $391.11 $738.47 $59.45 $59.45 $29.40 $29.40 $29.40 $29.40 $2,175.00 $73,370.96 Total $73,370.96 $6,322.50 Total $6,322.50 -898- CITY OF MOUND 05/18110 1:42 PM Page 9 Payments IN A , CITY OF MOUND Current Period: May 2010 Cash Payment E 101 -43100 -230 Shop Materials PIPE TAPE $23.97 Invoice 9197478 -A 5/25/2010 Cash Payment E 601 -49400 -230 Shop Materials PIPE TAPE $23.97 Invoice 9197478 -B 5/25/2010 Cash Payment E 602 -49450 -230 Shop Materials PIPE TAPE $23.98 Invoice 9197478 -C 5/25/2010 Transaction Date 5/18/2010 Wells Fargo 10100 Total $71.92 Refer 52510 MARK VII DISTRIBUTOR Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,686.68 Invoice 602761 5/2512010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $31.00 Invoice 606746 5/25/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,283.58 Invoice 606745 5/25/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $115.00 Invoice 607392 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $3,116.26 Refer 52510 MARLIN'S TRUCKING DELIVERY _ Cash Payment E 609 - 49750 -265 Freight 04 -19 -10 DELIVERY CHARGE $19.50 Invoice 23685 5/25/2010 Cash Payment E 609 -49750 -265 Freight 04 -22 -10 DELIVERY CHARGE $208.00 Invoice 23708 5/25/2010 Cash Payment E 609 -49750 -265 Freight 04 -26 -10 DELIVERY CHARGE $20.80 Invoice 23710 5/25/2010 Cash Payment E 609 -49750 -265 Freight 04 -29 -10 DELIVERY CHARGE $442.00 Invoice 23732 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $690.30 Refer 52510 MERTZ, CRAIG M. LAW OFFICE _ Cash Payment E 101 -41600 -304 Legal Fees 04 -10 PROSECUTION SERVICES $9,946.31 Invoice 052510 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $9,946.31 Refer 52510 METROPOLITAN COUNCIL WASTE Cash Payment E 602 -49450 -388 Waste Disposal -MCIS 06 -10 WASTEWATER $47,189.41 Invoice 930238 5/25/2010 Transaction Date 5/11/2010 Wells Fargo 10100 Total $47,189.41 Refer 52510 MIDWEST ASPHALT CORPORA TIO _ Cash Payment E 101 - 43100 -224 Street Maint Materials BLACKTOP FOR AUDITORS ROAD $1,787.38 Invoice 103911MB 5/25/2010 Cash Payment E 101 -43100 -224 Street Maint Materials SAND MIX FOR AUDITORS ROAD $1,330.95 Invoice 104060MB 5/25/2010 Cash Payment E 101 -43100 -224 Street Maint Materials SAND MIX FOR POTHOLE REPAIR $1,165.96 Invoice 104215MB 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Total $4,284.29 Refer 52510 MINNEHAHA BUILDING MAINTENA Cash Payment E609-49750-400 Repairs & Maintenance 04 -12 -10 WINDOW WASH $65.44 Invoice 921071414 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $65.44 40 1 61 01 -899- �r • CITY OF MOUND CITY OF MOUND Payments Current Period: May 2010 Refer 52510 MINNESOTA DEPT OF HEALTH Cash Payment R 601 -49400 -37170 State fee - Water Invoice 052510 5/25/2010 Transaction Date 5/17/2010 Refer 52510 MINNESOTA PLAYGROUND, INCO Cash Payment E 101 -45200 -221 Equipment Parts Invoice 052510 5/25/2010 PO 22448 04 -01 -10 THRU 06 -30 -10 CONNECTION FEE Wells Fargo 10100 Total REPLACEMENT PARTS Cash Payment E 609 - 49750 -412 Building Rentals Invoice 052510 5/25/2010 Transaction Date 5/17/2010 Refer 52510 MOUND, CITY OF Cash Payment E 609 -49750 -382 Water Utilities Invoice 052510 -B 5/25/2010 06 -10 COMMON AREA MAINTENANCE Wells Fargo 10100 04 -10 WATER/SEWER Total 05/18/10 1:42 PM Page 10 $5,883.00 $5,883.00 $2,093.90 $2,093.90 $10,250.58 - $180.00 -$7.50 $0.00 Total $10,063.08 $11,466.67 Total $11,466.67 $888.25 Total $888.25 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 MNSPECT Cash Payment E 101 -42400 -308 Building Inspection Fees 04 -10 BUILDING INSPECTIONS Invoice 3536 5/25/2010 Project PWO901 Cash Payment R 101 -42000 -32220 Electrical Permit Fee 04 -10 ELECTRICAL PERMITS Invoice 3538 5/25/2010 Project PWO901 Cash Payment G 101 -20800 Due to Other Governments 04 -10 ELECTRICAL SURCHARGE Invoice 3538 5/25/2010 Cash Payment E 101 - 42400 -308 Building Inspection Fees 04 -10 RENTAL INSPECTIONS Invoice 3536 5/25/2010 Cash Payment Transaction Date 5/10/2010 Wells Fargo 10100 Invoice 10058 Refer 52510 MOUND FIRE DEPARTMENT Project PWO901 • Cash Payment Invoice 052510 E 222 -42260 -124 Fire Pens Contrib 5/25/2010 05 -10 FIRE RELIEF • Cash Transaction Date 5/18/2010 Wells Fargo 10100 Refer 52510 MOUND MARKETPLACE LLC 5/25/2010 Cash Payment E 609 - 49750 -412 Building Rentals Invoice 052510 5/25/2010 Transaction Date 5/17/2010 Refer 52510 MOUND, CITY OF Cash Payment E 609 -49750 -382 Water Utilities Invoice 052510 -B 5/25/2010 06 -10 COMMON AREA MAINTENANCE Wells Fargo 10100 04 -10 WATER/SEWER Total 05/18/10 1:42 PM Page 10 $5,883.00 $5,883.00 $2,093.90 $2,093.90 $10,250.58 - $180.00 -$7.50 $0.00 Total $10,063.08 $11,466.67 Total $11,466.67 $888.25 Total $888.25 $38.17 $38.17 $1,731.38 $3,206.25 $363.38 $5,301.01 $1,800.00 $1,800.00 $320.00 -900- Transaction Date 5/18/2010 Wells Fargo 10100 Total Refer 52510 MULCH STORE, THE Cash Payment E 401 -43109 -500 Capital Outlay FA COMPOST FOR AUDITORS ROAD Invoice 052510 5/25/2010 Project PWO901 Cash Payment E 401 -43109 -500 Capital Outlay FA COMPOST FOR AUDITORS ROAD Invoice 052510 5/25/2010 Project PWO901 Cash Payment E 101 -45200 -232 Landscape Material MULCH FOR GREENWAY Invoice 052510 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Total Refer 52510 NEA TON BROTHERS EROSION LL Cash Payment E401-43109-500 Capital Outlay FA SEEDING AND MULCH AUDITORS ROAD Invoice 10058 5/25/2010 Project PWO901 Transaction Date 5/10/2010 Wells Fargo 10100 Total • Cash Refer 52510 NEW FRANCE WINE COMPANY _ WINE Payment E 609 -49750 -253 Wine For Resale Invoice 59692 -A 5/25/2010 $38.17 $38.17 $1,731.38 $3,206.25 $363.38 $5,301.01 $1,800.00 $1,800.00 $320.00 -900- CITY OF MOUND 5/25/2010 05/18/10 1:42 PM Transaction Date Payments Wells Fargo 10100 Page 11 CITY OF MOUND Cash Payment E 609 -49750 -253 Wine For Resale WINE Current Period: May 2010 5/25/2010 Cash Payment E 609 - 49750 -265 Freight 05 -03 -10 DELIVERY CHARGE CREDIT — LIQUOR $7.50 Invoice 59692 -B 5/25/2010 Cash Payment E 609 -49750 -251 Liquor For Resale Transaction Date 5/17/2010 Wells Fargo 10100 Total $327.50 Refer 52510 NORTHERN WATERWORKS SUPP Cash Payment E 601 -49400 -220 Repair /Maint Supply METERS $87.78 Invoice SO10247743.001 5/25/2010 PO 21823 Cash Payment E 601 -49400 -220 Repair /Maint Supply METERS (10) $1,364.74 Invoice SO1247284.001 5/25/2010 PO 21821 Transaction Date 5117/2010 Wells Fargo 10100 Total $1,452.52 Refer 52510 OFFICE DEPOT _ Cash Payment E 101 -42110 -200 Office Supplies BATTERIES, CLIPS $83.07 Invoice 517053562001 5/25/2010 PO 21991 Cash Payment E 101 -42110 -200 Office Supplies INKJET CARTRIDGE $82.26 Invoice 517191763001 5/25/2010 P021995 Transaction Date 5/11/2010 Wells Fargo 10100 Total $165.33 Refer 52510 ORONO, CITY OF _ Cash Payment E 101 -42110 -350 Printing SAFE AND SOBER PROMOTIONAL $39.13 MATERIALS Invoice 20100068 5/25/2010 PO 22001 Transaction Date 5/17/2010 Wells Fargo 10100 Total $39.13 Refer 52510 PA USTIS AND SONS WINE COMPA Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8259990 -A 5/25/2010 Cash Payment E 609 -49750 -265 Freight Invoice 8259990 -B 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8260447 -A 5/25/2010 Cash Payment E 609 -49750 -265 Freight Invoice 8260447 -B 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8260419 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale Invoice 8260280 -A 5/25/2010 Cash Payment E 609 -49750 -265 Freight Invoice 8260280 -B 5/25/2010 Transaction Date 5/17/2010 Refer 52510 PEDERSON, SARAH WINE 05 -10 -10 DELIVERY CHARGE WINE 05 -13 -10 DELIVERY CHARGE CREDIT —WINE WINE 05 -12 -10 DELIVERY CHARGE Wells Fargo 10100 Cash Payment E 101 - 41110 -430 Miscellaneous 05 -19 -10 SKINNNER RETIREMENT Invoice 10 -514 5/25/2010 Transaction Date 5/18/2010 Wells Fargo 10100 Refer 52510 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 2905927 5/25/2010 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR Invoice 3436531 5/25/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 2908982 5/25/2010 $1,435.22 $32.50 $116.00 $4.50 - $13.24 $949.30 $12.50 Total $2,536.78 $66.00 Total $66.00 $4,684.20 -$6.39 $39.95 l ei Cl *I -901- 10 f� CITY OF MOUND Invoice 2908980 5/25/2010 Transaction Date 5/17/2010 Refer 52510 POWERHOUSE ELECTRIC SERVIC Cash Payment E 101 - 41910 -401 Building Repairs Invoice 2999 5/25/2010 Transaction Date 5/17/2010 Refer 52510 PPL INDUSTRIES _ Cash Payment E 670 - 49500 -460 Janitorial Services Invoice 0137279 5/25/2010 Transaction Date 5/17/2010 Refer 52510 QUALITY WINE AND SPIRITS CITY OF MOUND Payments Current Period: May 2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 2908981 5/25/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR 05/18/10 1:42 PM Page 12 $3,029.55 $320.50 Wells Fargo 10100 Total $8,067.81 GENERATOR REPAIR $209.00 Wells Fargo 10100 Total $209.00 05 -08 -10 RECYCLE DAY $1,170.00 Wells Fargo 10100 Total $1,170.00 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $3,509.85 Invoice 302462 5/25/2010 Invoice 10337 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE $2,569.50 Invoice 302461 5/25/2010 Cash Payment E 609 - 49750 -440 Other Contractual Servic Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,831.35 305243 5/25/2010 Refer 52510 STERNE ELECTRIC COMPANY _ • Invoice Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $85.06 Invoice 305255 5/25/2010 Cash Payment Cash Payment E 609 - 49750 -253 Wine For Resale WINE $575.07 Invoice 305242 5/25/2010 Wells Fargo 10100 Total • Refer 52510 Transaction Date 5/17/2010 Wells Fargo 10100 Total $8,570.83 Refer 52510 R & S COLLISION SERVICES, INCO 5/25/2010 PO 22005 Cash Payment E 222 - 42260 -409 Other Equipment Repair 1998 CHEV TAHOE REPAIR DOOR HINGES $134.65 Invoice 0678 525/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $134.65 Refer 52510 SCHARBER AND SONS OF LONG L Cash Payment E 101 - 45200 -409 Other Equipment Repair REPAIR LEFT DECK Invoice 10337 5/25/2010 Transaction Date 5/10/2010 Wells Fargo 10100 Total Refer 52510 SENTRY SYSTEMS, INCORPORAT Cash Payment E 609 - 49750 -440 Other Contractual Servic 06 -10 BURGLARY AND FIRE MONITORING Invoice 620246 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total Refer 52510 STERNE ELECTRIC COMPANY _ Cash Payment E 101 -42110 -300 Professional Srvs JIFFY SLINGS TO MOVE SIGN Invoice 10446 5/25/2010 PO 21997 Cash Payment E 101 - 43100 -400 Repairs & Maintenance SERVICE OUTLETS FOR IRRIGATION Invoice 10459 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total • Refer 52510 STREICHER'S _ Cash Payment E 101 -42110 -218 Clothing and Uniforms BOOTS, KURTZ Invoice 1737642 5/25/2010 PO 22005 $402.88 $402.88 $67.08 $67.08 $209.76 $130.62 $340.38 $71.18 -902- CITY OF MOUND CITY OF MOUND Payments Current Period: May 2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 SUN PATRIOIT NEWSPAPER Cash Payment E 675 -49425 -300 Professional Srvs 05 -08 -10 SWPPP HEARING Invoice 987881 5/25/2010 G 101 -22816 Personal Cell Phone Cash Payment E 101 -42400 -351 Legal Notices Publishing 05 -01 -10 SETBACK ORD HEARING Invoice 985939 5/25/2010 TOTAL REGISTER SYSTEMS, INC. _ Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 TACTICAL SOLUTIONS _ Cash Payment G 101 -22805 Police Forfeiture Program TACTICAL VEST, MCKINLEY Invoice 816 512512010 PO 22625 Cash Payment Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 TAYLOR, J.J. DISTRIBUTING MINN BEER Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 1378958 5/25/2010 BEER Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 983649 5/25/2010 Wells Fargo 10100 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 1379870 5/25/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 1378957 5/25/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 1364112 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 THORPE DISTRIBUTI COMPAN Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 770881 5/25/2010 G 101 -22816 Personal Cell Phone Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 589862 5/25/2010 TOTAL REGISTER SYSTEMS, INC. _ Cash Payment E 609 - 49750 -252 Beer For Resale BEER Invoice 589861 5/25/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 590729 -A 5/25/2010 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 590729 -B 5/25/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 590730 5/25/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 61080 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 T- MOBILE CELL PHONE Cash Payment E 281 -45210 -321 Telephone & Cells Invoice 052510 5/25/2010 Cash Payment G 101 -22816 Personal Cell Phone Invoice 052510 5/25/2010 Transaction Date 5/17/2010 Refer 52510 TOTAL REGISTER SYSTEMS, INC. _ Total $13,909.60 $45.02 $21.30 $66.32 40 1 40 1 05/18/10 1:42 PM Page 13 Total $71.18 $41.16 $51.45 Total $92.61 $1,960.30 Total $1,960.30 $25.60 $221.00 $304.00 $3,478.65 $356.00 Total $4,385.25 $20.00 $8,542.50 $49.30 $116.35 $43.20 $4,833.25 $305.00 Total 04 -03 -10 THRU 05 -02 -10 CELL PHONE 04 -03 -10 THRU 05 -02 -10 CELL PHONE, HOFF Wells Fargo 10100 -903- CITY OF MOUND 1 � Payments CITY OF MOUND Current Period: May 2010 Cash Payment E 609 -49750 -210 Operating Supplies COMPUTER PACKAGE Invoice 25364 5/25/2010 PO 22661 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 TR COMPUTER SALES, LLC Cash Payment Cash Payment E 101 - 42400 -400 Repairs & Maintenance 04-20-103.3 UPGRADE Invoice 74085 5/25/2010 Transaction Date Transaction Date 5/11/2010 Wells Fargo 10100 Refer 52510 TROPHIES BY LINDA _ E 10142110 -218 Clothing and Uniforms Cash Payment E 101 - 42110 -430 Miscellaneous ENGRAVING Invoice 22045 5/25/2010 P022000 5/17/2010 Cash Payment E 101 - 42110 -430 Miscellaneous PLAQUE Invoice 22113 5/25/2010 E 609 -49750 -251 Liquor For Resale Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 TRUE VALUE, MOUND _ E 609 - 49750 -253 Wine For Resale Cash Payment E 101 -42110 -210 Operating Supplies STAIN REMOVER Invoice 069642 5/25/2010 E 609 -49750 -265 Freight Cash Payment E 101 - 42110 -210 Operating Supplies SQUAD CLEANING SUPPLIES Invoice 070124 5/25/2010 E 609 -49750 -253 Wine For Resale Cash Payment E 101 -42110 -210 Operating Supplies OFFICE CLEANING SUPPLIES • Invoice 070538 5/25/2010 Transaction Date 5/11/2010 Wells Fargo 10100 Refer 52510 TWIN CITY GARAGE DOOR COMP $31.46 Cash Payment E 10141910401 Building Repairs ALIGN LEFT DOOR Invoice 331640 5/25/2010 $27.53 Transaction Date 5/11/2010 Wells Fargo 10100 Refer 52510 UNIFORMS UNLIMITED _ Total Cash Payment E 10142110 -218 Clothing and Uniforms STRIPES FOR SUSSMAN Invoice 31653 5/25/2010 PO 22002 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 VINOCOPIA, INCORPORATED Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 25746 -A 5/25/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 25746 -B 5/25/2010 Cash Payment E 609 -49750 -265 Freight 05 -06 -10 DELIVERY CHARGE Invoice 25746 -C 5125/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 25965 -A 5/25/2010 Cash Payment E 60949750 -265 Freight 05 -12 -10 DELIVERY CHARGE Invoice 25965 -B 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Refer 52510 WATER CONSERVATION SERVICE Cash Payment E 601- 49400 -400 Repairs & Maintenance 04 -26- 101761 SUMACH LANE • Invoice 1867 5/25/2010 Cash Payment E 601- 49400 -400 Repairs & Maintenance 04 -29 -10 THREE POINTS, HERON Invoice 1867 5/25/2010 05/18/10 1:42 PM Page 14 $1,384.03 Total $1,384.03 $100.00 Total $100.00 $10.50 $20.96 Total $31.46 $9.07 $21.97 $27.53 Total $58.57 $110.00 Total $110.00 $98.86 Total $98.86 $157.00 $440.00 $16.00 $290.00 $2.50 Total $905.50 $284.00 $284.00 -904- CITY OF MOUND 05118/10 1:42 PM Payments Page 15 CITY OF MOUND Current Period: May 2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $568.00 Refer 52510 WIDMER CONSTRUCTION, LLC - Cash Payment E601-49400-400 Repairs & Maintenance 04 -29 -10 THREE POINTS AND HERON $550.00 Invoice 2801 5/25/2010 Cash Payment E 601 - 49400 -400 Repairs & Maintenance 04 -26 -10 1761 SUMAC $440.00 Invoice 2800 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $990.00 Refer 52510 WILLIAMS TOWING _ Cash Payment E 101 - 42110 -436 Towing Charges 04 -15 -10 2007 CHEV TRAILBLAZER $165.66 Invoice 119436 5/25/2010 PO 22003 Transaction Date 5/17/2010 Wells Fargo 10100 Total $165.66 Refer 52510 WINE COMPANY _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $482.67 Invoice 242225 -A 5/25/2010 Cash Payment E 60949750 -265 Freight 05 -06 -10 DELIVERY CHARGE $11.55 Invoice 242225 -B 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $494.22 Refer 52510 WINE MERCHANTS _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,192.50 Invoice 316555 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,127.75 Invoice 312342 5/25/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,005.50 Invoice 317423 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $3,325.75 Refer 52510 XCEL ENERGY _ Cash Payment E 101 -43100 -381 Electric Utilities 04 -10 #51- 7781566-4 $363.24 Invoice 320983131 -A 5/25/2010 Cash Payment E 601 -49400 -381 Electric Utilities 04 -10 #51- 7781566 -4 $363.24 Invoice 320983131 -B 5/25/2010 Cash Payment E 602 -49450 -381 Electric Utilities 04 -10 #51- 77815664 $363.23 Invoice 320983131 -C 5/25/2010 Cash Payment E 10143100 -381 Electric Utilities 04 -10 #51- 6002836 -0 $109.29 Invoice 321691782 5/25/2010 Cash Payment E 101 -42115 -381 Electric Utilities 04 -10 #51- 6002835 -9 $15.12 Invoice 321369503 5/25/2010 Transaction Date 5/17/2010 Wells Fargo 10100 Total $1,214.12 Refer 52510 ZACKS, INCORPORATED _ Cash Payment E 222 -42260 -210 Operating Supplies TRUCK CLEANERS $244.36 Invoice 4151 5/25/2010 PO 22066 Transaction Date 5/17/2010 Wells Fargo 10100 Total $244.36 r� C7 01 -905- CITY OF MOUND I, Payments CITY OF MOUND Current Period: May 2010 Fund Summary 05/18/10 1:42 PM Page 16 Pre - Written Check $0.00 Checks to be Generated by the Compute $321,363.94 Total $321,363.94 • • -906- 10100 Wells Fargo 101 GENERAL FUND $123,933.61 222 AREA FIRE SERVICES $11,905.13 281 COMMONS DOCKS FUND $6,141.02 285 MOUND HRA $401.46 401 GENERAL CAPITAL PROJECTS $19,412.20 601 WATER FUND $17,076.40 602 SEWER FUND $60,621.94 609 MUNICIPAL LIQUOR FUND $77,759.28 670 RECYCLING FUND $1,170.00 675 STORM WATER UTILITY FUND $2,880.06 680 HRA PUBLIC HOUSING $62.8 $321,363.94 05/18/10 1:42 PM Page 16 Pre - Written Check $0.00 Checks to be Generated by the Compute $321,363.94 Total $321,363.94 • • -906- v�� p►1NNEr���9 M LAKE MINNETONKA CONSERVATION DISTRICT 1- 23505 SMITHTOWN ROAD, SUITE 120 • SHOREWOOD, MINNESOTA 55331 • TELEPHONE 9521745 -0789 • FAX 952!745 -9085 • 'Z = SAYE THE LIINE� � Gregory S. Nybeck, EXECUTIVE DIRECTOR VAt10N BOARD MEMBERS May 5, 2010 Lisa Whalen, Chair Minnetrista Kelsey Page, Vice Chair M s. Kandis Hanson Greenwood City Of Mound Andrew McDermott Ili, Secretary Y Orono 5341 Maywood Road Tom Scanlon, Treasurer Spring Park Mound, MN 55364 Dan Baasen Wayzata D Doug Babcock ear KandiS: Tonka Bay Davie chose Deephaven During the 2010 boating season, the Lake Minnetonka Conservation District (LMCD) PeterHartwicn will be contracting with VOLT Workforce Solutions (VOLT) for watercraft inspections Excelsior from Memorial Da weekend thro Labor Da Inspections are p lanned b Chris Jewett Y g Y• ' p p Y Minnetonka VOLT on the following days and times at the City of Mound public access on Cooks Steve Johnson Mound Bay: Dennis Klohs Minnetonka Beach Bill Olson Fridays (11 a.m. to7 p.m.)' Victoria Herb suerth • Saturd y Y ( P ) Woodland ys,. Sunda s and Holida s 6 a.m. to 6 m. Dick Woodruff Shorewood Watercraft insp ectors laced b VOLT will be trained very similarly to those p p Y supervised by the Minnesota Department of Natural Resources. Please sign and date both copies of the enclosed Right of Entry Form that will allow VOLT employees to conduct watercraft inspections at the public access on Cooks Bay.. Please forward me a fully executed copy in the self - addressed envelope. Feel free to contact me if you have, questions relating to this request. Thanks!, Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Gregory S. Ny eck Executive Director Enclosure za 50 Recycled content Web Page Address:' / /www.Imcd.org 20% Post Consumer Waste E -mail Address: lmcd Imcd.or q - 907 - RIGHT OF ENTRY AUTHORIZATION FOR WATERCRAFT INSPECTIONS . 1. DEFINITIONS The following definitions apply to the terms used in this document: LMCD means Lake Minnetonka Conservation District. AGENCY means City of Mound WATERCRAFT INSPECTIONS means inspection of watercraft for harmful invasive species; ensuring that public water accesses are weed and debris free while inspectors are present; verbal communication of the laws and issues surrounding the existence, spread, and effects of invasive species to Minnesota's waters; distribution of written materials and exotic alert tags; collection of information and data necessary to evaluate the spread of invasive species, the effect of public awareness, the response of recreational watercraft users to the project, and other pertinent research information. PUBLIC WATER ACCESS means any public area designated for the primary purpose of launching and retrieving watercraft to an adjacent body of water. 2. PERMISSION TO ENTER The Agency gives permission to enter and occupy, for the purpose of Watercraft Inspections, the public water accesses administered by the Agency located at Mound Bay Park (Cooks Bay) The LMCD may exercise this permission through its employees, contractors and authorized volunteers. The LMCD may not transfer or assign this permission. This permission shall remain in force until revoked. The LMCD shall act with due care while on the property of the above agency and the LMCD and its employees, contractors and agents shall be responsible for damages, to the extent authorized and limited by Minnesota Statutes, Chapter 466. The Agency reserves the right to revoke this permission upon notification to the Executive Director of the LMCD. LAKE MINNETONKA CONSERVATION DISTRICT Agency BY: BY: ' Gregory S. ybeck TITLE: TITLE: Executive Director DATE: DATE: 1 368016v2 CLL LK110 -4 -908- CITY OF MOUND • RESOLUTION NO. 10 -32 RESOLUTION RECOGNIZING DECA STUDENTS FOR THEIR "LITTLE FOR LIGHTS" FUNDRAISER WHEREAS, a team of DECA, an Association of Marketing Students at Mound Westonka High School, organized a fundraiser to enhance the Christmas Lighting in downtown Mound; and WHEREAS, this fundraiser consisted of a presentation to 7 th grade students at Grandview, a presentation to the 8 th and 9" grade advisories at the high school, a Christmas bake sale, distribution of donation boxes at local businesses, and a Valentine's Day omelet breakfast at the American Legion all of which produced donations and other revenues; and WHEREAS, the team's goal was to raise $500; and WHEREAS, their fund raising efforts nearly tripled their goal with a result of $1,455.98; and WHEREAS, the team presented the City of Mound with a check for $1,455.98 at the City Council meeting of March 23, 2010; and WHEREAS, this fund raising effort won them second place at the state competition, which allowed them to advance to international competition in Kentucky, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to • extend it's heartiest congratulations to Kaitlyn Tierney, Valory Schoenecker, Kayla Schultz and Krissy Sherburn on their successful "Little for Lights" fund raising campaign, as this effort will benefit the entire community during the Holiday Season. The City of Mound is fortunate to have these bright, energetic young people, as well as the other participating members of DECA representing our Community in such an exemplary manner. Adopted by the City Council this 25 day of May, 2010. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk C7 -909- • (]A L) 5341 MAYWOOD ROAD CITY OF MOUND MOUND, MN 55364 -1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com May 4, 2010 Steve Johnson 2660 Wilshire Blvd Mound, MN 55364 Re: May 25, 2010 Mound City Council Meeting Dear Steve: Your attendance is requested at the Mound City Council Meeting at 7:30 p.m. on Tuesday, May 25, 2010. The 2011 Draft LMCD Budget will be a discussion item. • Please confirm you received this letter and will be able to attend the meeting. incerely, Jim Fackler Park Superintendent 952 - 472 -0611 iimfacklerPcityofmound.com /vw • ® printed on recycled paper -910- v�� N1INNETp��' • M • LAKE MINNETONKA CONSERVATION DISTRICT nO " =_ _ _ 23505 SMITHTOWN ROAD, SUITE 120 • SHOREWOOD, MINNESOTA 55331 •TELEPHONE 952/745 -0789 •FAX 952f745-9085 • s try us i �' Gregory S. Nybeck, EXECUTIVE DIRECTOR \ArI0N O� BOARD MEMBERS April 30, 2010 Lisa Whalen, Chair Minnetrista Kelsey Page, Vice Chair Greenwood Andrew McDermott III, Secretary TO: LMCD City Administrators y Orono LMCD Board Members Tom Scanlon, Treasurer Spring Park Dan Baasen FROM: Greg Nybeck, Executive Director Wayzata Doug Babcock Tonka Bay SUBJECT: Draft 2011 LMCD Budget David Gross Deephaven Peter Hartwich Enclosed is a copy of the draft 2011 Lake Minnetonka Conservation Excelsior Chris Jewett District ( LMCD ) Budget. A meeting has been scheduled at the LMCD 9 Minnetonka office on Thursday, June 3 at 11 a.m. to review it and receive your Steve Johnson Mound input on it. Dennis Klohs Minnetonka Beach Bill Olson The proposed p p levy to the 14 member cities ($330,649) would remain Victoria the same when compared to the levy for the adopted 2010 LMCD Herb Suerth woodland Wo odlan d Budget. The LMCD recognizes the economic challenges the 14 LMCD e g g Dick Woodruff member cities are currently facing and the LMCD Board has taken this • Shorewood into consideration. There are instances where there may a slight increase in the proposed levy to some of the member cities. By state statute, the allocation of levy to the member cities is based on their percentage of the cumulative next tax capacity, with no member city paying greater than 20% of the overall levy. The primary purpose for this slight increase is that these member cities have an increase in their percentage of cumulative net tax capacity of the 14 member cities. Although there is no proposed increase in the levy, there are a number of line -items that I would like to provide you further explanation of. These include: 1) A $10,000 transfer from the General /Administration Reserve Fund has been budgeted to reduce the levy to the LMCD member cities (line -item lb under "REVENUES "). It is projected that this Reserve Fund balance will be approximately 34% as of 12/31/11. 2) $47,000 has been budgeted for Court Fines (line -item 1c under "REVENUES ") and for Prosecution Services (line -item 5b under "DISBURSEMENTS "). This budgeting better reflects recent • trends on these two line items. Za 50% Recycled Content Web Page Address: htb: / /www.lmcd.orp 20% Post Consumer Waste E -mail Address: lmcdCa-lmcd.org -911- • LAKE MINNETONKA CONSERVATION DISTRICT 3) A $32,800 grant from the Minnesota Department of Natural Resources has been budgeted for Other Public Agencies (line -item 2b under "REVENUES "). This grant is used to partially fund the LMCD's Eurasian Watermilfoil (EWM) Harvesting Program and has been reduced from $40,000 to better reflect a recent trend of declining grant funds from the MN DNR. 4) A $6,500 transfer from the Aquatic Invasive Species (AIS) Management Reserve Fund has been budgeted to reduce the levy to the LMCD member cities (line -item 2c under "REVENUES "). It is projected that this Reserve Fund balance will be approximately 33% as of 12/31/11. 5) $91,221 has been budgeted for the EWM Harvesting Program (line -items 1a through 1e under "DISBRUSEMENTS "). The budget for the 2011 EWM Harvesting Program has been reduced from $108,000 in the adopted 2010 LMCD Budget, which will most likely result in a slight reduction in the length of the season. 6) No funding has been budgeted for EWM Equipment Replacement (line -item 2 under "DISBURSEMENTS "). This Reserve Fund is used to replace depreciated EWM Harvesting Program equipment and is well below where it needs to be. This will need to be addressed in • future LMCD Budgets. 7) $30,000 has been budgeted for AIS Prevention Programs (line -item 5 under "DISBURSEMENTS "). This will be used primarily on watercraft inspections of incoming watercraft at selected public accesses to prevent the introduction of new AIS into Lake Minnetonka. In 2010, 4,096 paid watercraft inspection hours are planned, with an additional 864 hours of watercraft inspection hours provided by the Three Rivers Park District as an in- kind service at the Lake Minnetonka Regional Park. The LMCD plans to expand watercraft inspection hours in 2011 by researching alternative funding sources and investigating other means of staffing watercraft inspectors. The LMCD values your review and input on the draft 2011 LMCD Budget. If you are unable to attend this meeting and would like to comment on it, feel free to call me or forward your comments to the LMCD office by Wednesday, June 2 "d . My e-mail address is gnybeckQ- 1mcd.ong • -912- LAKE MINNETONKA CONSERVATION DISTRICT 2011 BUDGET AND LEVY (DRAFT) �o w Share of Increase in % of Share of AIS Share of Total Share of Total Admin. Levy Levy in 2011 Levy in 2011 Levy in 2010 Total Levy Increase in 2011 1 1 from 2010 from 2010 $15,728 $6,112 $4,925 $50,046 $4,655 $21,471 $18,417 $44,932 $23,643 $4,282 $8,967 $14,930 $27,496 $4,626 $5,055 $1,964 $1,583 $16,084 $1,496 $6,900 $5,919 $14,441 $7,599 $1,376 $2,882 $4,798 $8,837 $1,487 105,486 21,612,726,400 255,385,929 100.0% $250,228 $80,421 Maximum Levy Per MN statute 1038.635 (Total Taxable Market Value * .00242 %): $20,782 $8,076 $6,507 $66,130 $6,152 $28,371 $24,337 $59,373 $31,242 $5,658 $11,848 $19,728 $36,333 $6,112 $330,649 (Note 1) Per MN statute 10313.631, no city may pay more than 20% of the total levy. The City of Minnetonka would pay a constant 20% of any amounts to be levied. Remaining cities factor for determining levy amounts is computed as: (City Net Tax Capacity / ( Total Net Tax Capacity - Minnetonka Net Tax Capacity ) ) * 80% Total Net Tax Capacity 255,385,929 less Minnetonka Net Tax Capacity (102.241,271) Net Tax Capacity for remaining 13 cities 153,144,658 0 0 $21,137 -$355 - 1.7% $8,135 % of Total -0.7% 2008 2009 Taxable 2009 Net Tax Net Tax City Population Market Value Capacity Capacity $27,885 Estimates 1.7% $25,290 (Note 1) DEEPHAVEN 3,793 1,064,954,400 12,031,979 4.7% EXCELSIOR 2,382 374,978,600 4,675,727 1.8% GREENWOOD 804 325,924,000 3,767,521 1.5% MINNETONKA 51,756 8,231,108,300 102,241,271 40.0% MTKA BEACH 610 302,951,700 3,561,541 1.4% MINNETRISTA 6,189 1,522,181,400 16,425,607 6.4% MOUND 9,769 1,317,188,500 14,089,812 5.5% ORONO 7,896 2,990,216,800 34,374,039 13.5% SHOREWOOD 7,582 1,631,938,000 18,087,557 7.1% SPRING PARK 1,882 275,799,700 3,275,525 1.3% TONKABAY 1,532 597,477,300 6,859,627 2.7% VICTORIA 6,665 1,094,953,500 11,421,712 4.5% WAYZATA 4,119 1,582,668,300 21,035,184 8.2% WOODLAND 507 300,385,900 3,538,827 1.4% Share of Increase in % of Share of AIS Share of Total Share of Total Admin. Levy Levy in 2011 Levy in 2011 Levy in 2010 Total Levy Increase in 2011 1 1 from 2010 from 2010 $15,728 $6,112 $4,925 $50,046 $4,655 $21,471 $18,417 $44,932 $23,643 $4,282 $8,967 $14,930 $27,496 $4,626 $5,055 $1,964 $1,583 $16,084 $1,496 $6,900 $5,919 $14,441 $7,599 $1,376 $2,882 $4,798 $8,837 $1,487 105,486 21,612,726,400 255,385,929 100.0% $250,228 $80,421 Maximum Levy Per MN statute 1038.635 (Total Taxable Market Value * .00242 %): $20,782 $8,076 $6,507 $66,130 $6,152 $28,371 $24,337 $59,373 $31,242 $5,658 $11,848 $19,728 $36,333 $6,112 $330,649 (Note 1) Per MN statute 10313.631, no city may pay more than 20% of the total levy. The City of Minnetonka would pay a constant 20% of any amounts to be levied. Remaining cities factor for determining levy amounts is computed as: (City Net Tax Capacity / ( Total Net Tax Capacity - Minnetonka Net Tax Capacity ) ) * 80% Total Net Tax Capacity 255,385,929 less Minnetonka Net Tax Capacity (102.241,271) Net Tax Capacity for remaining 13 cities 153,144,658 0 0 $21,137 -$355 - 1.7% $8,135 -$59 -0.7% $6,344 $163 2.6% $66,130 $0 0.0% $6,167 -$15 -0.2% $27,885 $486 1.7% $25,290 -$953 -3 $58,994 $379 0.6% $31,026 $216 0 $6,056 -$398 -6.6% $11,504 $344 3 $19,690 $38 0.2% $36,158 $175 0.5% $6,135 -$23 -0.4% $330,651 -$2 0.0% $523,028 • I A • 2011 BUDGEOAIL (Draft) • 2008 2009 2009 2010 2010 Actual 2011 Footnote # AM Actual Budget Actual Budget Projected Budget See Appendix A 1. General/Administration a) LMCD Communities Levy 241,240 265,649 265,649 265,649 265,649 250,228 b) Transfer from General/Admin. Reserve 0 0 0 0 0 10,000 1 c) Court Fines 50,377 30,000 80,431 40,500 47,000 47,000 d) Licenses 120,730 115,000 121,0ib 115,000 115,000 115,000 e) Other Public Agencies 0 0 0 0 0 0 f) Interest 7,378 5,000 1,525 4,000 2,000 2,000 g) Prepaid Mgmt Plan Expenses 0 7,875 0 0 0 0 h) Other Income 2,925 2,000 1,249 2,000 2,000 2,000 SUB -TOTAL ADMINISTRATION 422,650 425,524 469,869 427,149 431,649 426,228 2. Aquatic Invasive Species (AIS) Management a) LMCD Communities Levy 77,001 65,000 65,000 65,000 65,000 80,421 b) Other Public Agencies 39,000 40,000 32,800 40,000 32,800 32,800 2 c) Transfer from AIS Management Reserve 0 30,000 28,034 30,000 30,000 6,500 3 d) Interest 4,546 4,000 1,493 3,000 1,500 1,500 SUB -TOTAL (AIS) MANAGEMENT 120,547 139,000 127,327 138,000 129,300 121,221 TOTAL REVENUES 543,197 564,524 597,196 565,149 560,949 547,449 Total Levy 318,241 330,649 330,649 330,649 330,649 330,649 ADMINISTRATION 1. Personnel Services: a) Salaries 173,053 189,121 179,789 187,264 183,884 188,782 4 b) Employer Benefit Contributions 34,595 39,720 38,406 42,724 41,835 43,653 5 SUB -TOTAL PERSONNEL SERVICES 207,648 228,841 218,195 229,988 225,719 232,435 2. Contractual Services: a) Office Lease & Storage 31,498 33,423 40,221 42,081 42,399 43,392 6 b) Professional Services 18,998 17,000 13,196 12,500 18,500 12,500 7 SUB -TOTAL CONTRACTUAL SERVICES 50,496 50,423 53,417 54,581 60,899 55,892 3. Office & Administration: a) Office, General Supplies 6,048 6,250 4,418 5,750 5,750 5,750 b) Telephone 2,946 3,960 2,127 2,040 2,220 2,500 8 c) Postage 4,303 5,000 5,642 5,000 5,000 5,000 d) Printing, Publications, Advertising 9,924 10,000 9,609 10,000 10,000 10,000 9 e) Maintenance, Office Equipment 495 1,000 219 1,000 500 500 0 Subscriptions, Memberships 1,714 1,750 1,582 1,750 1,750 1,750 g) Insurance, Bonds 5,415 7,500 5,553 6,000 6,000 6,000 10 h) Public Information, Legal Notices 1,421 2,000 786 1,500 1,500 1,500 i) Meeting Expenses 3,100 3,000 3,096 3,100 3,100 3,100 j) Mileage 1368 1400 1476 1500 1500 1500 k) Employee Training 0 300 0 400 400 400 SUB -TOTAL OFFICE & ADMINISTRATION 36,734 42,160 34,508 38,040 37,720 38,000 4. Capital Outlay: a) Furniture & Equipment 4,042 4,000 8,805 1,500 1,500 1,500 b) Computer Software & Hardware 2,626 3,000 976 2,000 2,000 2,000 11 SUB -TOTAL CAPITAL OUTLAY 6,668 7,000 9,781 3,500 3,500 3,500 I .r 5. Legal: a) Legal Services b) Prosecution Services c) Hennepin County Room & Board SUB -TOTAL LEGAL 6. Contract Services/Studies: a) Boat Count & User Attitude Surveys b) Audit c) Access/Channel Signage SUB -TOTAL CONTRACT SERVICES /STUDIES 7. General Reserve Fund 8. Contingency TOTAL ADMINISTRATION AQUATIC INVASIVE SPECIES (AIS) MANAGEMENT 1. Eurasian Watermilfoil (EWM) Program a) Salaries & Employer Taxes/Insurance b) Trucking Contract c) Administrative d) Operational Supplies e) Contract Services SUB -TOTAL WEED HARVESTING OP. EXP. 2. EWM Equipment Replacement SUB -TOTAL EWM HARVESTING PROGRAM 3. AIS Management Reserve Fund 4. Herbicide Treatment Program 5. AIS Prevention Programs TOTAL AIS MANAGEMENT TOTAL DISBURSEMENTS 2008 2009 2009 2010 2010 Actual 2011 Footnote # Actual Budget Actual Budget Projected Budget See Appendix A 35,759 37,500 33,881 37,100 37,100 37,000 12 51,475 37,500 54,195 47,000 47,000 47,000 13 378 500 636 500 500 750 87,612 75,500 88,712 84,600 84,600 84,750 0 0 0 0 0 0 6,400 6,600 5,200 6,440 6,440 6,651 0 0 0 0 0 0 6,400 6,600 5,200 6,440 6,440 6,651 5,000 10,000 10,000 5,000 2,500 0 9,190 5,000 6,386 5,000 5,000 5,000 409,748 425,524 426,199 427,149 426,378 426,228 29,564 38,000 30,192 37,000 32,300 29,721 14 17,388 22,000 23,760 22,000 23,000 20,000 1,787 3,000 5,328 3,000 3,000 2,500 18,617 20,000 18,803 22,000 19,000 18,000 27,600 31,000 22,000 24,000 22,000 21,000 94,956 114,000 100,083 108,000 99,300 91,221 0 0 0 0 0 0 94,956 114,000 100,083 108,000 99,300 91,221 0 0 0 0 0 0 0 0 0 0 0 0 15 19,479 25,000 27,244 30,000 30,000 30,000 16 114,435 139,000 127,327 138,000 129,300 121,221 524,183 564,524 553,526 565,149 555,678 547,449 • • • • • Lake Minnetonka Conservation District (LMCD) Draft 2011 LMCD Budget Appendix A �o a Transfer from General /Administration A $10,000 reserve fund transfer has been budgeted for 2011. Further analysis of this reserve Reserve (Footnote #1) fund balance is detailed on page 3. Other Public Agencies (Footnote #2) It is anticipated that the MN DNR will fund the LMCD with a grant of $32,800 for the 2011 EWM Harvesting Program. Transfer from AIS Management Reserve A $6,500 reserve fund transfer has been budgeted for 2011. Further analysis of this reserve (Footnote #3) fund balance is detailed on page 3. Salaries (Footnote #4) Executive Director Administrative Technician (EWM Project Manager for 1 pay period) Administrative Assistant/Code Enforcement Administrative Clerk (part-time) Seasonal Code Enforcement (part-time) 2011 Salary/Hourly Adjustments Employer Benefit Contributions (Footnote 95) P.E.R.A. (7.25 %) NCPERS Life Insurance F.I.C.A. & Medicare Medical & Dental Insurance Less 1 pay period for EWM Project Manager Office Lease & Storage (Footnote #6) Professional Services (Footnote #7) Bookkeeping Cleaning Service Telephone (Footnote #8) Qwest Cell Phone 2011 estimated actual $74,160.00 $51,178.02 $44,678.40 $13,520.00 $1,500.00 $3,745.28 $188,781.70 $13,467.88 $576.00 $14,612.20 $15,553.45 ($556.05) $43,653.48 Monthly Rate Months $3,590.49 8 $28,723.92 $3,667.14 4 $14,668.56 $43,392.48 $12,500.00 $0.00 $12,500.00 $1,980.00 $520.00 $2,500.00 i s Page 1 �o Printing, Publications, & Advertising (Footnote #9) Insurance, Bonds (Footnote #10) Computer Software & Hardware (Footnote #11) Legal Services (Footnote #12) Prosecution Services (Footnote #13) EWM Salaries & Employer Taxes/ Insurance (Footnote #14) Salaries F.I.C.A. & Medicare Insurance (Auto & Workers Comp.) Project Manager (Administrative Technician) $10,000 has been budgeted for two LMCD Newsletters, the re- printing of the Summer and Winter Rules brochures, and other LMCD literature. $6,000 has been budgeted with the League of Minnesota Cities for insurance for the LMCD. $2,000 has been budgeted for information technology, hardware, and software updates. $37,000 has been budgeted for legal services, which will be partially off -set by charging expenses back to applicants. $47,000 has been budgeted for prosecution services. These expenses will be offset by projected $47,000 of court fines (see line item 1 c). $22,265.00 $1,672.00 $3,000.00 $2,783.53 $29,720.53 Herbicide Treatment Program No funding has been budgeted for a coordinated herbicide treatment project on Carmans, Grays, and (Footnote #15) Phelps Bay. This is a five -year project and is outlined in a Lake Vegetation Management Plan (LVMP) for Lake Minnetonka. Any funding in 2011, if approved, will come from Save the Lake funds. AIS Prevention Programs (Footnote #16) This line -item will focus on comprehensive public access inspections for incoming watercraft to prevent the introduction of zebra mussels and other invasive species. A $30,000 levy to the 14 LMCD member cities has been budgeted in 2011, with additional funds most likely planned from the LMCD Save the Lake. Other potential funding sources include a Prevention Grant from the MN DNR, the MCWD, the Lake Minnetonka Association, and other undetermined organizations. • P6 • 0 0 0 RESERVE FUND ANALYSIS I r Page 3 General/Admin. AIS Management EWM Equipment Replacement 2010 12/31/09 Balance $153,321 $82,303 $79,393 Designated Expense- Mgmt Plan $0 $0 $0 Designated Expense- Z.M. Inspections $0 $0 $0 Reserve Fund Contribution $0 $0 $0 Transfer from Reserve Fund $0 ($30,000) $0 Transfer to Equip. Repl. Fund $0 $0 $0 Projected 12/31/10 Balance $153,321 $52,303 $79,393 2011 Projected 12/31/10 Balance $153,321 $52,303 $79,393 Designated Expense- Mgmt Plan $0 $0 $0 Reserve Fund Contribution $0 $0 $0 Transfer from Reserve Fund ($10,000) ($6,500) $0 Transfer to Equip. Repl. Fund $0 $0 $0 Projected 12/31/11 Balance $143,321 $45,803 $79,393 Projected % of 2010 Annual Budget 33.7% 33.0% I r Page 3 5341 Maywood Road City of . . • Mound, MN 55364 Planning Building (952) 472 -0604 D . n , u . EXECUTIVE SUMMARY TO: Mound Council, Planning Commission and Staff FROM: Sarah Smith, Community Development Director DATE: May 19, 2010 MEETING DATE: May 25, 2010 APPLICANT: Brenshell Construction REQUEST: Waiver of Platting / Boundary Adjustment / Variance(s) CASE NUMBERS: 10 -03 /10 -04 / 10 -05 LOCATION: 5248 Sulgrove Road PROPERTY ID: 25- 117 -24 -21 -0168 ZONING: R -2 Two - Family Residential COMPREHENSIVE PLAN: Low Density Residential • SUMMARY. The applicant has submitted a series of applications for 5248 Sulgrove Road to subdivide the property into 4 lots. The property is located at the intersection of Sulgrove Road, Warner Lane, and Seabury Road. As provided for in the City's subdivision regulations, the applicant has requested a waiver of platting, three variances and a minor boundary adjustment to subdivide the property. The variances requested are for minimum lot size on lot 1; a rear yard setback on lot 4; and a corner lot street side setback for lot 4. Please be advised that the May 11 th adoption of a City Code revision to the corner lot setback requirements has eliminated a need for the third variance request as the proposed subdivision will now be in compliance with City Code. DISCUSSION. Concerns regarding the development have been raised by the surrounding property owners. Letters received regarding the proposal have been included for your review. Two neighbors also attended the Planning Commission meeting. A summary of their comments are noted in the included meeting minutes. Many of the adjacent property owners' concerns relate to the proposed density of the development. The property is located in a neighborhood with R -1 zoning along the lake and R -2 zoning on the interior. The property itself is zoned R -2, which allows a minimum lot size of 6,000 square feet. With 25,000 square feet, the minimum lot size allows the creation of four (4) lots. As the enclosed map shows lots sizes of surrounding properties vary. is -919- Recognizing the unique character of Mound, the City Code provides multiple means of • subdividing property, including waiver of platting, minor boundary adjustment, minor subdivision and major subdivision. The applicant has requested the waiver of platting and minor boundary adjustment process, in part, because it allows the properties to retain lots of record status. With lot of record status the maximum hardcover will be 40% instead of 30% as is allowed through major subdivision, which would be required as the subdivision creates more than 3 lots. The lot of record status will also allow side yard setbacks of 6 feet rather than 10 feet. The applicant states that these differences are significant for the redevelopment of the site. TIMELINES FOR AGENCY ACTION. Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance(s) application was deemed to be complete on March 18, 2010. The City of Mound executed a 60 -day extension on its review of the variance application(s) on April 27, 2010 to allow sufficient time for Planning Commission and City Council review. Members are advised that Minnesota Statutes 462.358, Subd. 3(b) requires approval /denial of subdivision applications within 120 -days. NOTIFICATION. City policy requires that abutting property owners are notified of variance requests by mailed notice. Members of the City Council are advised that this activity was completed on or about April 28, 2010 for the Planning Commission meeting • and again on May 20, 2010 for the City Council meeting. RECOMMENDATION. The Planning Commission reviewed this case at their May 4 t ' meeting. The Planning Commission made the following series of motions recommending approval of the applicant's request as recommend by Staff: 1) Approve the waiver of platting subject to approval of the 3 variances. 2) Approve the lot size variance 3) Approve the Lot 4 rear setback variance 4) Approve the Lot 4 corner lot street side setback variance - please refer to applicant letter dated May 20, 2010 withdrawing this variance which is no longer required following adoption of the City Code changes to the corner lot street side setback provisions approved by the City Council on May 11, 2010. The effective date is May 23, 2010. 5) Approve a minor boundary adjustment All of the motions were approved on a 5 to 1 vote. Since both Staff and the Planning Commission recommended approval of the applications, Staff has prepared the included resolutions for City Council consideration. -920- 1. I N 15600 16133 -, 2500 32620 _. B8 7056 / n. ©® 12 5248 Sulgrove Road Neighborhood May 14, 2010 w Waterbury Road • MEMO Date: May 20, 2010 To: Sarah Smith, City of Mound, Community Development Director From: Chuck Alcon, Project Manager, Sulgrove Addition Subj: Variance Requests I V. JJLZ 1 L-UU I J 1. 1 1. With the City Council passage of Ordinance No. 01 -2010, which will be effective May 23, 2010, it is my understanding that the Lot 4 rear setback and corner lot street side setback variances originally requested are no longer required as the proposed Waiver of Plat configuration now meets the requirements of the new ordinance for Lot 4 setbacks. 2. It is requested that the previous variance requests for these two Lot 4 variances be removed from consideration leaving only the lot size variance for Lot 1 in the Waiver of Plat application. This variance is then eliminated with the minor boundary adjustment proposed for this lot in conjunction with the Waiver of Plat process. � � ' Chuck Alcon • C -922- CITY OF MOUND ORDINANCE NO. 01 -2010 AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE (ZONING ORDINANCE) AS IT RELATES TO CORNER LOT SETBACKS The City of Mound does ordain: That Section 129 -197, Subd.(e) be amended to read as follows: (e) Corner lots. Lots which abut on more than one street shall provide the required front yards along every street except for lots of record. Lots of record shall provide a side yard setback abutting the street based on the lot width as follows. In cases where the street side yard setback established above is greater than the required front yard setback, the street side yard setback shall be the same as the front yard setback. Minimum side and setback Lot width feet On corner lots feet 40 -50 10 51 -80 20 81 or more 30 Passed by the City Council this 11 day of May, 2010. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk Published in The Laker the 22 day of May, 2010. Effective the 23 day of May, 2010. • -923- • CITY OF MOUND RESOLUTION # 10- RESOLUTION APPROVING A WAIVER OF PLATTING FOR THE PROPERTY LOCATED AT 5248 SULGROVE ROAD P & Z CASE # 10 -03 PID # 25- 117 - 24-21 -0168 WHEREAS, the applicant, Brenshell Construction, has submitted a waiver of platting request to allow the property to be subdivided back to original lot lines in order to create four residential lots; and WHEREAS, details regarding the waiver of platting application are contained in Planning Report No. 10- 03/10- 04/10 -05; and WHEREAS, the subject property is zoned R -2 Single - Family Residential which requires lots to be a minimum of 6,000 square feet; and WHEREAS, the requested waiver of platting will create one lot, identified on proposed • survey as Lot 1 that is under 6,000 square feet. WHEREAS, the applicant has concurrently submitted a request for minor boundary adjustment to modify the original lot lines so as to ensure all lots are greater than 6,000 square feet; and WHEREAS, City Code Section 121 -33(2) allows the City Council to grant waivers of platting when the proposed subdivision is not in compliance as long as a variance is granted following the procedures set forth in Section 121 -3; and WHEREAS, the applicant has concurrently submitted a variance request to allow the waiver of platting to create Lot 1 with less than 6,000 square feet with the intent of using the minor boundary adjustment process to make it greater than 6,000 square feet; and WHEREAS, the applicant has concurrently submitted a variance request to allow a reduced rear yard setback for Lot 4 due to the original placement of the house facing Sulgrove Road rather than Warner Lane; and WHEREAS, the applicant has proposed that after the waiver of platting, two variances and minor boundary are complete, the following will be the proposed dimension of the four lots: • -924- WHEREAS, Staff recommended approval of the submitted waiver of platting request; and WHEREAS, the Planning Commission reviewed the application at its May 4, 2010 meeting and recommended approval as recommended by Staff; and WHEREAS, the requested variance was reviewed by the City Council at its May 25, 2010 meeting. • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of • Mound, Minnesota as follows: 1. The City Council of the City of Mound does hereby approve the waiver of platting subject to the approval of two variances to allow the subdivision of the property into four lots using original lot lines. 2. The waiver of platting is hereby approved subject to the following conditions: a) Applicant shall be responsible for payment of all costs associated with the waiver of platting request or any related land use permitting. b) Structures shall not be built into the required front, side, and rear yards. A foundation survey will be required if the proposed structures are within 5 feet of the required minimum front/side /rear setbacks. c) The applicant shall work with the City Engineer and Public Works to ensure drainage from the site is adequately addressed. d) Payment of park dedication fees in lieu of land dedication based on Mound City Code requirement prior to the release of the resolution. • -925- Required Proposed Lot 1 Lot 2 Lot 3 Lot 4 Lot Area 6,000 sq. ft. 6,090 6,030 6,100 6,700 Lot Width 40 ft 62.5 74 74 107.9 Lot Depth 80 ft 84 81 83 80 Front Yard 20 ft 20 20 20 20 Rear Yard 15 ft 15 15 15 7 Side Yards Lots 2 & 3 6/10 - 6/10 6/10 - Interior Lots 1& 4 6 6 - - 6 Corner Lot 1 20 20 - - - Corner Lot 4 30 - - - 20 WHEREAS, Staff recommended approval of the submitted waiver of platting request; and WHEREAS, the Planning Commission reviewed the application at its May 4, 2010 meeting and recommended approval as recommended by Staff; and WHEREAS, the requested variance was reviewed by the City Council at its May 25, 2010 meeting. • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of • Mound, Minnesota as follows: 1. The City Council of the City of Mound does hereby approve the waiver of platting subject to the approval of two variances to allow the subdivision of the property into four lots using original lot lines. 2. The waiver of platting is hereby approved subject to the following conditions: a) Applicant shall be responsible for payment of all costs associated with the waiver of platting request or any related land use permitting. b) Structures shall not be built into the required front, side, and rear yards. A foundation survey will be required if the proposed structures are within 5 feet of the required minimum front/side /rear setbacks. c) The applicant shall work with the City Engineer and Public Works to ensure drainage from the site is adequately addressed. d) Payment of park dedication fees in lieu of land dedication based on Mound City Code requirement prior to the release of the resolution. • -925- e) Payment of all required utility fees at the current approved rates prior to release of • the resolution: Water Trunk Area Charge (WTAC) - $2,000 /unit, Sewer Trunk Area Charge (STAC) - $2,000 /unit. Payment of water service connection fee -$240 /unit, and sewer service connection $240 /unit fee as part of building permit. Payment of SAC fees as part of the building permit. f) Drainage and utility easements, as required by the City Engineer, shall be provided and submitted in a form so as to allow for recording at Hennepin County and shall be subject to the review and approval by the City. g) Lots shall have lot of record status. h) The maximum hardcover allowed on any individual lot is 40 %. i) Locations of water and sewer services need to be approved by Mound Public Works Department. 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, all fees have been paid, and the resolution approving the minor boundary adjustment has been approved and recorded. k) No building permits will be issued until evidence of recording of the resolution(s) and easement(s) have been provided to the City by the applicant. I No future approval of any development plans and /or building permits is included as part of this action in the event the waiver of platting application is approved. m) Applicant shall submit all required information upon submittal of the building permit application. n) Applicant shall be responsible for procurement of any and /or all permits. 3. This waiver of platting is approved for the following legally described property: - insert — 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 May 25, 2010 Mark Hanus, Mayor • Attest: Bonnie Ritter, City Clerk -926- CITY OF MOUND RESOLUTION # 10- RESOLUTION APPROVING A LOT SIZE VARIANCE CREATED THROUGH THE WAIVER OF PLATTING OF THE FOR THE PROPERTY LOCATED AT 5248 SULGROVE ROAD P & Z CASE # 10 -04 PID # 25 -117- 24-21 -0168 WHEREAS, the applicant, Brenshell Construction, has submitted a variance request to allow the waiver of platting process to create a lot that is smaller than 6,000 square feet; and WHEREAS, details regarding the waiver of platting application are contained in Planning Report No. 10- 03/10- 04/10 -05; and WHEREAS, the subject property is zoned R -2 Single - Family Residential which requires lots to be a minimum of 6,000 square feet; and WHEREAS, the waiver of platting allowed by Resolution #10- created one lot, • identified on the proposed survey as Lot 1 that is under 6,000 square feet. Resolution #10 -_ included a condition that this variance request be granted; and WHEREAS, the concurrently submitted application for minor boundary adjustment will result in all of the lots to be greater than 6,000 square feet; and WHEREAS, City Code Section 121 -33(2) allows the City Council to grant waivers of platting when the proposed subdivision is not in compliance as long as a variance is granted following the procedures set forth in Section 121 -3; and WHEREAS, Staff recommended approval of the submitted requested lot size variance for Lot 1; and WHEREAS, the Planning Commission reviewed the application at its May 4, 2010 meeting and recommended approval as recommended by Staff; and WHEREAS, the requested variance was reviewed by the City Council at its May 25, 2010 meeting. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City Council of the City of Mound does hereby approve the variance request for minimum lot size for Lot 1 with the following findings of fact: • -927- a. While returning to the original lot lines results in an undersized lot, at 25,000 • square feet, the parcel is sufficient in size to allow each of the four proposed lots to be at least 6,000 square feet in size if a minor boundary adjustment would be made. 2. The minimum lot size variance is hereby approved subject to the following conditions: a) Applicant shall complete a subsequent minor boundary adjustment to make all lots at least 6,000 square feet in size. b) Applicant shall be responsible for payment of all costs associated with the minimum lot size variance request or any related land use permitting. c) 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 and all fees have been paid. d) No building permits will be issued until evidence of recording of the resolution(s) and easement(s) have been provided to the City by the applicant. e) No future approval of any development plans and /or building permits is included as part of this action in the event the waiver of platting application is approved. f) Applicant shall be required to submit all required information upon submittal of the building permit application. • g) Applicant shall be responsible for procurement of any and /or all permits. 3. This variance request terminates once the minor boundary adjustment is complete. 4. This minimum lot size variance is approved for the following legally described property: - insert - 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 May 25, 2010 Mark Hanus, Mayor • Attest: Bonnie Ritter, City Clerk -928- • CITY OF MOUND RESOLUTION # 10- RESOLUTION APPROVING A REAR YARD SETBACK VARIANCE CREATED THROUGH THE WAIVER OF PLATTING OF THE FOR THE PROPERTY LOCATED AT 5248 SULGROVE ROAD P & Z CASE # 10-04 PID # 25- 117 -24 -21 -0168 WHEREAS, the applicant, Brenshell Construction, has submitted a variance request to allow the waiver of platting process to create a lot which will have a rear yard setback of 7 feet; and WHEREAS, details regarding the waiver of platting application are contained in Planning Report No. 10- 03/10 - 04/10 -05; and WHEREAS, the subject property is zoned R -2 Single - Family Residential which requires lots to have a rear yard setback of at least 15 feet; and WHEREAS, City Code Section 129 -2 identifies the front lot line as that portion of the lot • which has the shortest dimension on a public street and the rear lot line as that portion which is opposite the front. For Lot 4, the front of the lot would be Warner Lane and the rear of the lot is the eastern property line; and WHEREAS, Lot 4 contains the original house for the property. The house was placed on the lot such that it faces Sulgrove Road rather than Warner Lane; and WHEREAS, the placement of the house on the lot has resulted in the northern part of the lot to act more as a rear yard and the eastern portion as a side yard; and WHEREAS, City Code Section 121 -33(2) allows the City Council to grant waivers of platting when the proposed subdivision is not in compliance as long as a variance is granted following the procedures set forth in Section 121 -3; and WHEREAS, Staff recommended approval of the requested rear yard setback variance for Lot 4; and WHEREAS, the Planning Commission reviewed the application at its May 4, 2010 meeting and recommended approval as recommended by Staff; and WHEREAS, the requested variance was reviewed by the City Council at its May 25, 2010 meeting. -929- NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of • Mound, Minnesota as follows: 1. The City Council of the City of Mound does hereby approve the variance request for rear yard setback for Lot 4 with the following findings of fact: a. The house was originally placed and constructed with an orientation toward Sulgrove Road rather than Warner Lane. This has resulted in the northern yard being used as a rear yard rather than a side yard and the eastern yard being used as a side yard rather than a rear yard. 2. The rear yard setback variance for Lot 4 is hereby approved subject to the following conditions: a) Applicant shall be responsible for payment of all costs associated with the minimum lot size variance request or any related land use permitting. b) 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 and all fees have been paid. c) No building permits will be issued until evidence of recording of the resolution(s) and easement(s) have been provided to the City by the applicant. d) No future approval of any development plans and /or building permits is included as • part of this action in the event the waiver of platting application is approved. e) Applicant shall be required to submit all required information upon submittal of the building permit application. f) Applicant shall be responsible for procurement of any and /or all permits. 3. This variance for rear yard setback is approved for the following legally described property: - insert - 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 May 25, 2010 Mark Hanus, Mayor • Attest: Bonnie Ritter, City Clerk -930- • CITY OF MOUND RESOLUTION # 10- RESOLUTION APPROVING A MINOR BOUNDARY ADJUSTMENT FOR THE PROPERTY LOCATED AT 5248 SULGROVE ROAD P & Z CASE # 10 -05 PID # 25 -117- 24-21 -0168 WHEREAS, the applicant, Brenshell Construction, has submitted a minor boundary adjustment request to allow an adjustment to the boundary lines created through the waiver of platting granted in Resolution #10- ; and WHEREAS, details regarding the minor boundary adjustment application are contained in Planning Report No. 10- 03/10- 04/10 -05; and WHEREAS, the subject property is zoned R -2 Single - Family Residential which requires lots to be a minimum of 6,000 square feet; and WHEREAS, the waiver of platting allowed by Resolution #10- created one lot, • identified on proposed survey as Lot 1, that is under 6,000 square feet; and WHEREAS, the applicant concurrently submitted a minimum lot size variance request to allow the waiver of platting to create Lot 1 with less than 6,000 square feet with the intent of using the minor boundary adjustment process to make it greater than 6,000 square feet; and WHEREAS, the boundary adjustments proposed in this request will result in all of the lots to be greater than 6,000 square feet; and WHEREAS, City Code Section 121 -33(1) allows the City Council to grant minor boundary adjustments which do not create new parcels; and WHEREAS, the applicant has proposed that this minor boundary adjustment is complete, the following will be the proposed dimension of the four lots: • -931- Required Pro osed Lot 1 Lot 2 Lot 3 Lot 4 Lot Area 6,000 sq. ft. 6,090 6,030 6,100 6,700 Lot Width 40 ft 62.5 74 74 107.9 Lot Depth 80 ft 84 81 83 80 Front Yard 20 ft 20 20 20 20 Rear Yard 15 ft 15 15 15 7 • -931- C7 WHEREAS, Staff recommended approval of the submitted minor boundary adjustment request; and WHEREAS, the Planning Commission reviewed the application at its May 4, 2010 meeting and recommended approval as recommended by Staff; and WHEREAS, the requested variance was reviewed by the City Council at its May 25, 2010 meeting. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City Council of the City of Mound does hereby approve the minor boundary adjustment of the subject property. • 2. The minor boundary adjustment is hereby approved subject to the following conditions: a) Applicant shall be responsible for payment of all costs associated with the minor boundary adjustment request or any related land use permitting. b) Lots shall have lot of record status. c) 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 and all fees have been paid. d) No building permits will be issued until evidence of recording of the resolution(s) and easement(s) have been provided to the City by the applicant. e) No future approval of any development plans and /or building permits is included as part of this action in the event the waiver of platting application is approved. f) Applicant shall submit all required information upon submittal of the building permit application. g) Applicant shall be responsible for procurement of any and /or all permits. 3. This minor boundary adjustment is approved for the following legally described property: • -insert - -932- Required Pro osed Lot 1 Lot 2 Lot 3 Lot 4 Side Yards Lots 2 & 3 6/10 - 6/10 6/10 - Interior Lots 1& 4 6 6 - - 6 Corner Lot 1 20 20 - - - Corner Lot 4 30 1 - - - 1 20 WHEREAS, Staff recommended approval of the submitted minor boundary adjustment request; and WHEREAS, the Planning Commission reviewed the application at its May 4, 2010 meeting and recommended approval as recommended by Staff; and WHEREAS, the requested variance was reviewed by the City Council at its May 25, 2010 meeting. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City Council of the City of Mound does hereby approve the minor boundary adjustment of the subject property. • 2. The minor boundary adjustment is hereby approved subject to the following conditions: a) Applicant shall be responsible for payment of all costs associated with the minor boundary adjustment request or any related land use permitting. b) Lots shall have lot of record status. c) 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 and all fees have been paid. d) No building permits will be issued until evidence of recording of the resolution(s) and easement(s) have been provided to the City by the applicant. e) No future approval of any development plans and /or building permits is included as part of this action in the event the waiver of platting application is approved. f) Applicant shall submit all required information upon submittal of the building permit application. g) Applicant shall be responsible for procurement of any and /or all permits. 3. This minor boundary adjustment is approved for the following legally described property: • -insert - -932- 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 May 25, 2010 Mark Hanus, Mayor Attest: Bonnie Ritter, City Clerk • -933- MINUTE EXCERPTS • MOUND ADVISORY PLANNING COMMISSION MAY 4, 2010 Those present: Chair Geoff Michael; Commissioners: Becky Glister, Grant Johnson, Michael Paulsen, Stephen Ward and Ray Salazar; Staff present: Community Development Director Sarah Smith, Consultant Planner Rita Trapp, and Recording Secretary Jill Norlander. The following individuals were present: Tom Stokes (Brenshell Construction); Chuck Alcon ( Alcon Associates); Barb Flug (5251 Sulgrove Rd); Meredith Brandt (3367 Warner La); B. Amidon (1909 Lakeside La) BOARD OF APPEALS y " a. PLANNING CASE NOS. 10 -02, 03 & 04 WAIVER OF PLATTING /BOUNDARY A =,TRUCTION IEN .. ARIANCES 5248 SULGROVE LANE BRENSHEL The applicant is proposing to • property was originally platted be remodeled, as well as a de e� e��` property into 4 building lots. The .n s. There is an existing house, which will re that will be removed as part of this project.or , The property is propos to belivided on existing lot lines under the waiver of platting provisions with s y "ent boundary adjustments to insure conformance with minimum lot size. The is a rear yard setback variance on Lot 4 (the lot with the existing house) and a corner lot street side setback variance on the same lot. Smith noted that the City Council will be considering an amendment to the City Code at its May 11 meeting which, if approved, would eliminate the need for the corner lot street side setback variance as the lot would be in conformance with City Code. Chuck Alcon ( Alcon Associates) confirmed that all assessments and taxes have been paid and /or are current. Tom Stokes (property owner; Brenshell Construction) said their goal is to build a quality, affordable house, similar to the recent construction on Waterbury, Dundee, Kildare and improve the neighborhood. In response to the question of the impact of the waiver of platting /minor boundary adjustment process versus a major subdivision process, Stokes noted that the additional 10% hardcover allowed through the waiver of platting /minor boundary adjustment process makes a big difference on these lots. In addition, the existing house is oriented towards Sulgrove making the requested • variances logical. -934- Planning Commission Minutes May 4, 2010 Glister asked if the new houses would be built conforming. Stokes indicated that they would. Salazar asked if the new homes would be 1 or 2 story. Stokes said they may be either depending on the customer. Barb Flug (5251 Sulgrove) — Expressed dismay at the 4 -home plan. She thought the very best plan would be 2 houses. Meredith Brandt (3367 Warner) state that there are a dozen homes affected by the quality of this piece of land. She sees the Commission tripping over itself with a laundry list of variances and lot line adjustments to approve the 4 -home plan that is materially detrimental to the neighborhood. She believes this would be contrary to the code as it does not impose an undue hardship to the owner; it will be materially detrimental to the surrounding homes; it will not be in harmony with the existing neighborhood; and does not constitute a desirable anotable development of this particular area. There is also a drainage issue in fr `of her home that she believes will increase with the additional hardcover. Mic4a' s d drainage is a primary consideration in new construction. Brandt coitAued by king about park dedication fees. Staff commented park dedication fees Vu e cold cted as appropriate. Barb Flug indicated that there was, property which was filled in. She house. ravine that once ran through the is a mold issue in the existing • • Tim Landon (1365 Lan 'Mp ,, innetrista and ReMax) stated that Mr. Stokes builds a nice house. leis opi" n4 he proposed development will improve the neighborhood. New ho s 9 erally encourage neighbors to clean up and fix up their homes. These house the start of a new improvement in the neighborhood to bring back the property values and should help rather than hinder. Stokes addressed drainage concerns. He met with Greg Skinner and Ray Hanson and they suggested that any drainage problem in the street will be corrected when the street reconstruction is done in this area. He also said that the streets in the area are all sized to accommodate the traffic and will not be a concern. Ward asked Tom how he became aware of this property's availability. Tom said he has been in the area for a long time and real estate friends make him aware of opportunities. Smith asked about the property ownership. Tom indicated that the Brandon estate owns the property and Stokes is acting as an agent for her tonight but will act on his own behalf at the Council meeting because he will own it at that time. Michael stated that new development with variances doesn't feel right. He can 1 -935- Planning Commission Minutes May 4, 2010 understand the variance for the corner setback but can't understand using this • process so the applicant can retain the lot of record 40% hardcover requirement. Salazar initiated a discussion regarding corner lots and front vs. side setbacks as well as the impact of the lot of record status on hardcover and setbacks. Glister asked about Faulkner's desire for a re -plat rather than a waiver of platting. Trapp and Smith thought he was after a simple procedure. Glister wanted to know if the only way we could get to 30% hardcover is by major subdivision or can we change the hardcover for this proposal. Smith and Trapp thought it would be hard to layer that on top of any other kind of approval and that a major subdivision would be the only way. Ward thought that the definition of a new subdivision includes major utility construction. Trapp read the major vs. minor subdivision definition from the Code. In this case, it is the number of lots (4) that would trigger the major subdivision. Michael confirmed that this plan meets City Code vu Smith. She confirmed that, with the variances, they meet the City Code. MOTION by Johnson, seconded by Ward, t cpMmendtouncil approve the waiver of platting subject to approval of the 3 ananc ,as recommended by Staff. �a Discussion ` Ward confirmed that the othef#s iginal plat are lots of record. MOTION carried. Votm�4-6t -1 l r, Ward, Johnson, Glister and Paulsen; Voting against: Michael. 4 a MOTION by Johnson, sec ,. d by Salazar, to recommend Council approve the lot size variance as recommended by Staff. MOTION carried. Voting for: Salazar, Ward, Johnson, Glister and Paulsen; Voting against: Michael. MOTION by Johnson, seconded by Paulson, to recommend Council approve the Lot 4 rear setback variance as requested. MOTION carried. Voting for: Salazar, Ward, Johnson, Glister and Paulsen; Voting against: Michael. MOTION by Ward, seconded by Salazar, to recommend Council approve the corner lot street side setback variance as requested. MOTION carried. Voting for: Salazar, Ward, Johnson, Glister and Paulsen; Voting against: Michael. MOTION by Salazar, seconded by Ward, to recommend Council approve the minor boundary adjustment as recommended. MOTION carried. Voting for: Salazar, Ward, Johnson, Glister and Paulsen; Voting against: Michael • Michael opinionated about granting variances in newly created lots. -936- • May 18, 2010 RECD MAY 2 0 2010 City of Mound 5341 Maywood Road Mound, MN 55364 Re: Development plan for 5248 Sulgrove Road, Mound Lots 11 -17, Block 26, Whipple Addition 25- 117 -24 -21 -0168 Submitted by Brenshell Construction City Council Members, I am writing, as have my neighbors, to express my concern and my opposition to this development plan. Four homes of the proposed size /hardcover on this parcel would be too many and would necessitate the removal of most of the mature trees on this site, further impacting the character and appeal of our neighborhood. Many of the non - lakefront lots surrounding us are undersized and /or irregular. There is • enough change to the neighborhood when rebuilds are done on original footprints. More often than not, 2 to 3 story homes have replaced former single story cabin -like structures on these smaller lots. This however is a very gradual process compared to this plan that would overdevelop and overcrowd these lots all at once. If I had wanted to live in an area where houses were packed densely together side by side, I would have stayed in Minneapolis. Please do not approve the development plan that has been submitted for this space. Thank you for considering our objections. 4, '_ /��_ Pam Moe 5230 Sulgrove Road -937- Sarah Smith From: Grant at Suncrest Builders [ grant .johnson @suncrestbuilders.com] • Sent: Monday, May 10, 2010 1:29 PM To: 'Geoff Michael' Cc: Kandis Hanson; Sarah Smith; 'Becky Glister'; 'Michael Paulsen'; 'Stephen Ward; Jill Norlander Subject: RE: Sulgrove Lane case Geoff, Thank you for taking the time to communicate your opinion on this case. Your experience on the PC provides you a depth of knowledge and understanding few can offer the community, and for that reason I sincerely respect your opinion. Because I didn't have time to talk after the meeting, however, and I could see you were not pleased with the result, I want to provide some explanation as to why I voted the way I did. I think our fundamental difference is I didn't look at this proposal as a "new" development, primarily because the applicant approached the City with a Waiver of Platting and simple boundary adjustment strategy. I may have misinterpreted the code, but as I understand the Waiver of Platting and Simple Boundary Adjustment provisions, if the applicant had also proposed removing the existing house (which is common in Waiver of Platting requests, and after looking at this particular house, might not have been such a bad idea) this would have been a pretty standard procedure. There would be four vacant lots at 40% hardcover and no permanent variances required to do so. In this case, the primary variances were only to effectively recognize the fact that the existing house fronts on Sulgrove and not Tuxedo, and should have its front and side yards recognized as such, which seemed both obvious and minor technical points to me, so that's why I voted to recommend approval. I agree that truly "new" developments should be held to the higher 30% hardcover standard, and I could probably also be persuaded that new construction resulting from Waiver of Platting subdivisions should • also be held to that higher standard (what's good for the goose ... etc.), but that's not the way our code reads. I don't know if this helps explain anything or not, but I felt you deserved some sort of explanation. Thanks for taking the time to write, Office (763) 479 -5555 Cell (612) 209 -5916 Fax (763) 479 -5550 www.suncrestbuilders.com grant. iohnson()-suncrestbuilders.com • 5/19/2010 -938- • d "t1 Geoff Michael Group, Inc. Service, #1 Priority May 6, 2010 To: Members of the Planning Commission cc: City Manager Kandis Hanson cc: Community Development Director Sarah Smith cc: Members of the City Council Before I begin, let me be absolutely clear that no criticism is being directed towards staff or PC members. In my business, I deal with city staff in many different cities, both in Minnesota and out of state, and there is no staff that "bests" Mound's. The same can be said of the PC. The PC has always thoroughly discussed each and every case with the highest of intentions and with consideration for the applicant. That said, I wish to express a concern with a case acted upon during the PC meeting of May 5. • Throughout my tenure on the PC, I have never strongly disagreed with commission findings of individual cases until the May 5 meeting. My concern regarding Case #10 -02, 03, and 04 (5248 Sulgrove Lane), is that a very mixed message is being sent. To me, that message is that the PC MAY think it's ok to have variances with a NEW development. For years, everyone has heard the comment "Mound is a unique community ". Quite frankly, I don't find it anymore unique than any other community, either here in the Lake Minnetonka area or somewhere else. It seems to me that the "uniqueness" is sometimes reinforced by some of our collective (CC and PC) actions. We all recognize that variances are a necessary part of the process especially in an area once heavily populated with mostly lake cabins and should be seriously considered when dealing with remodels and /or additions. However, I do think that NEW developments should be held to a higher standard and the Sulgrove Lane case is a prime example. The part I had a most difficult time with was the "lot of record" issue requested merely so each home could have a two -car garage. In the project manager's letter to the Mayor and CC members regarding hardcover, he writes "The 40% hardcover is essential in order to provide two car garages for the new homes and the remodeled home." 1713 Avocet Lane, Mound, MN 55364 952 - 472 -4216 office 952 - 472 -4216 fax • -939- • May 6, 2010 There is a substantial quantity of 6,000 square foot lots in Mound with quality homes that have two -car garages. Regarding this particular development, either the home is too large for the lot or the lot is too small for the home. Had the developer laid out the property with three homes or four smaller homes, no problems (or variances) would have been encountered. By using the Waiver of Platting application instead of a Major Subdivision application (as suggested by City Engineer Dan Faulkner and referenced for discussion by Consultant Planner Rita Trapp), the developer was able to circumvent the process and keep the lots as "lots of record ". In the project manager's letter to the Mayor and CC members regarding the Waiver of Platting application, he writes "This approach allows the original hardcover of 40% to be retained for three new homes to be built on the property and for the re- modeling activity which will occur on the existing home on the property." I totally understand that no variance, per se, was granted for the hardcover but once the Waiver of Platting was approved, the increased hardcover allowance became acceptable which, in effect, is allowing a "variance" to what would normally be required for any new lot. It seems to me that a Major Subdivision (four or more lots) would have been the best course of action. • I'm not a developer but logic would seem to dictate that three homes may not be a profitable venture and perhaps, neither would four smaller homes. That may be unfortunate but the developer knew the situation prior to purchasing the land. The PC's charge is to base a large percentage of any decision on code and therefore to not take neighbor's comments, pro or con, into serious consideration. The CC, however, can take neighbor's comments into consideration and in this particular case, there seemed to be an abundant amount of interest. In closing, I trust that all concerned will carefully consider the approval of this project and the ramifications it could have regarding future cases. I'm well aware of the thought process that each case is weighed on its own merits but approval of this project as presented by the developer would seem to be setting a precedent for future such projects. Geoff • 1713 Avocet Lane, Mound, MN 55364 952 - 472 -4216 office 952 - 472 -4216 fax -940- May 1, 2010 City of Mound • 5341 Maywood Road, Mound, MN 55364 Re: Brenshell Constructions application for variance on property at 5248 Sulgrove Road Dear Mound City Council, In reviewing the request for variance from Chuck Alcon, I see that he lied in his point 3a, stating that this property's garage "recently burned down." In fact, Mound Fire Dept. volunteers did an awesome job, and although the garage suffered some minor damage, it's certainly still there. Perhaps this is an indicator of the type of person you have seeking this variance to get what works best for him, with no regard for impact on others. Adverse impact to Mound: The City Council should want to uphold Mound's rules, such as the minimum square footage for a home (Isn't it 10,000 square feet? Isn't this property 25,000 square feet total ?). This request to build 4 homes in that space strikes me as not as a variance but a mockery of Mound's rules. When we replaced a rear deck with a windowed 2nd story room, Mound City Council noted our current dwelling being 9" inside the setback, and asked if we could put a jog in our plan to meet the setback. My 3D rendering using a simple software package showed them how our home would look with a straight line building on our north side, versus having a jog, and they granted us a 9" variance. Our "variance" was for inches, with good reason, not for 15,000 square feet short of the rules. If Mound City Council approves this type of request, it could set a precedent that could undermine your future ability to uphold the rules that are in place. • Also, Mound's tax revenue in the neighborhood would be reduced (see my next point). Adverse impact to neighbors: The value (for resale & taxes) of lake homes across from this property would be adversely affected by having 4 homes with a much lower value (which is not fair to those expecting Mound's services to hell) us maintain their value). My neighbor Fred Merrill (3359 Warner Lane agrees with our concerns. Finally, as friends of Sharon and Phil all the years we lived across the street from their property (since 1987), we heard her intentions. She was delighted when neighborhood kids used her lawn for occasional pick -up games, and told us that if she sold her home, she wanted to maintain as much lawn and space as possible (2 homes maximum). The proposed construction is not at all per Sharon's wishes, as we heard them, direct from her. Of course, we have no proof, in writing. Perhaps Mount Calvary Church does. If I did not have to work in Iowa when this meeting occurs, I would be there to present the above in person. I hope this letter is read by all of the esteemed members of the Mound City Council. Thanks for your consideration from both my wife Dawn and I. Respectfully submitted, Mark Berg (3355 Warner Lane, -941- • May 2, 2010 City of Mound 5241 Maywood Road Mound, MN 55364 Re: Brenshell Construction development plan for Lots 11 -17, Block 26, Whipple Dear Mound City Council, One of my neighbors stopped by this evening and informed me of the proposed development of the property across the street from me. I have been a next door neighbor of this property for the past 36 years and I am extremely disappointed with the City of Mound that I received no official notification of this plan. I am unable to attend the hearing that is planned for May 4, 2010 so I am writing this letter to express my opposition to the proposed development. The developer claims that the proposed development "will blend nicely with the current neighborhood ". I my opinion, that is not true. The property currently has two small houses on it and probably has room for two modem houses. Putting four houses on the property, however, would be too dense; it would not blend in the neighborhood and would result in a severe loss of one of the neighborhood's best assets. Phil and Sharon Haugen kept their back lawn open and enjoyed having it serve as an open park for local children to play in. There are no similar open • ' spaces in the neighborhood and the proposed dense development on the property would force the children in the neighborhood to play in the street. I got to know Phil Haugen in 1974 when I moved into the neighborhood. He told me that he wanted to keep his back lawn open for both aesthetic and practical reasons. When I moved in, the property looked similar to the way it does today, a large flat grassy lawn. As Phil described it, however, the properties adjacent to Seabury originally formed a deep ravine that lead all the way down to Tuxedo Boulevard. The land was filled to make a roughly level lawn but, according to Phil, the fill was not stable enough to be suitable as a building site. I have personally observed signs of this. Over the past 36 years, the Haugen had to periodically fill the sink holes that would develop in their lawn. For these reason, I strongly oppose the proposed development of the property across the street from me. I know that many of my neighbors feel the same way I do. Although I cannot attend the meeting, I trust that you will consider our opposition to the planned development. Sincerely Thomas D. Frick 3340 Warner Lane Mound, MN 55364 • -942- May 3, 2010 City of Mound 5341 Maywood Road Mound, MN 55364 Meredith and Bill Brandt 3367 Warner Lane Mound, MN 55364 RE: 5248 Sulgrove Road, Application for Variance and Plat Line Adjustment To: City Council Members and Planning Commission While I recognize the need for the city council to accommodate land owners in their desire to develop their property, and the need for new development within our community for improvement and increased tax base, I must encourage the council to carefully assess the request for plat adjustment on the Haugen property and the developer's plan to place four homes there. Situated as it is, this property serves as a focal point for all of the surrounding homes. The present spaciousness and residential beauty of the lot add to the . value of these properties. Approving a variance which allows the developer to place four homes on this small piece of land will be materially detrimental to the surrounding property. Sections 121 -3 and 129 -39 of the city code specifically state that a variance must not be issued in this type of circumstance. In addition, Section 121 -120 indicates that "in subdividing, due regard shall be shown to all natural features...", yet the construction of four homes will eliminate nearly all the large trees, shrubs and greenspace which beautify the property. Without any variance or plat line adjustment, the developer still has three buildable lots. These lots would remain "lots of record ", and thus have setback and hardcover regulations which would allow for the construction of desirably - sized homes, while hopefully maintaining some of the natural beauty of this critical location. I believe the city has the right and the responsibility to deny this developer's request to take this parcel from three buildable lots to four. Doing so in no way "...imposes undue hardship or practical difficulty to the property owner in the use of his land... ", as are the stated requirements for issuing a variance from section 129 -39 of the city code. The parcel in question already provides for development which can serve as an improvement to the community without undue, negative impact on the surrounding homeowners who look to the city council to protect their rights and preserve their property values. Sincerely, Meredith and Bill Brandt U • • -943- • 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: April 28, 2010 MEETING DATE: May 4, 2010 APPLICANT: Brenshell Construction REQUEST: Waiver of Platting / Boundary Adjustment / Variance(s) CASE NUMBERS: 10 -03 /10 -04 / 10 -05 LOCATION: 5248 Sulgrove Road PROPERTY ID: 25- 117 -24 -21 -0168 ZONING: R -2 Two - Family Residential • COMPREHENSIVE PLAN: Low Density Residential BACKGROUND • The applicant, Brenshell Construction, is representing the property owners of 5248 Sulgrove Road in their request for a waiver of platting, boundary adjustment and variances for the purposes of subdividing the property into four lots. The 25,000 square foot property is located at the intersection of Sulgrove Road, Warner Lane and Seabury Road. The property was originally platted as seven lots. There is an existing house, constructed in 1934, which is intended to remain and be remodeled as part of the project. There is a detached garage as well that will be removed as part of this project. PROPOSED DIMENSIONS (discussion will follow about highlighted items) -944- Required Proposed Lot 1 Lot 2 Lot 3 Lot 4 Lot Area 6,000 sq. ft. 6,090 6,030 6,100 6,700 Lot Width 40 ft 62.5 74 74 107.9 Lot Depth 80 ft 84 81 83 80 Front Yard 20 ft 20 20 20 20 Rear Yard 15 ft 15 15 15 15 Side Yards Lots 2 & 3 6/10 - 6/10 6/10 - -944- p. 2 #10- 03110 - 04110 -05 5248 Sulgrove Road April 28, 2010 WAIVER OF PLATTING & VARIANCES The applicant has requested a waiver of platting to subdivide the property back to its original lot lines. Sec 121 -33 (2) allows the City Council to grant waivers when the proposed subdivision is in compliance with City Code. When the proposed subdivision is not in compliance, a variance can be requested for review by the Planning Commission and City Council. The proposed waiver of platting involves three variances: 1) Lot 1 — lot size 2) Lot 4 — rear setback 3) Lot 4 — corner lot street side setback • It is important to note that the subdivision variances are regulated by Sect 121 -3. This section states that the City Council may grant a variance following a finding that all of the following conditions exist: 0 1) There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. 2) The special circumstances or conditions affecting said property were not created by the applicant. 3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated and will not have an adverse effect upon traffic or traffic safety. 4) The granting of the variance would not be contrary to the intent of the applicable ordinance. Lot 1 Lot Size Variance Going back to the original lot lines through a waiver of platting results in Lot 1 having a lot area of 5,100 square feet and Lots 2 to 4 being 6,500 to 6,700 square feet in size. As Sec 129 -102 requires minimum lot areas of 6,000 square feet, a variance is needed for the waiver of platting for lot 1. With the entire property being over 25,000 square feet the applicant is able to make boundary line adjustments to increase the size of Lot 1 to 6,090 square feet will still maintaining the minimum lot sizes of Lots 2 through 4. As adjustments can be made to meet City Code, Staff is recommending that the variance • -945- Required Pro osed Lot 1 Lot 2 Lot 3 Lot 4 Interior Lots 1& 4 6 6 - _ 6 Corner Lot 1 20 20 - - - Corner Lot 4 30 - - - Y0 Hardcover (40 %) 1 2,436 10 2,4 -- Z,4 - 40 -- 7 2,680 WAIVER OF PLATTING & VARIANCES The applicant has requested a waiver of platting to subdivide the property back to its original lot lines. Sec 121 -33 (2) allows the City Council to grant waivers when the proposed subdivision is in compliance with City Code. When the proposed subdivision is not in compliance, a variance can be requested for review by the Planning Commission and City Council. The proposed waiver of platting involves three variances: 1) Lot 1 — lot size 2) Lot 4 — rear setback 3) Lot 4 — corner lot street side setback • It is important to note that the subdivision variances are regulated by Sect 121 -3. This section states that the City Council may grant a variance following a finding that all of the following conditions exist: 0 1) There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. 2) The special circumstances or conditions affecting said property were not created by the applicant. 3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated and will not have an adverse effect upon traffic or traffic safety. 4) The granting of the variance would not be contrary to the intent of the applicable ordinance. Lot 1 Lot Size Variance Going back to the original lot lines through a waiver of platting results in Lot 1 having a lot area of 5,100 square feet and Lots 2 to 4 being 6,500 to 6,700 square feet in size. As Sec 129 -102 requires minimum lot areas of 6,000 square feet, a variance is needed for the waiver of platting for lot 1. With the entire property being over 25,000 square feet the applicant is able to make boundary line adjustments to increase the size of Lot 1 to 6,090 square feet will still maintaining the minimum lot sizes of Lots 2 through 4. As adjustments can be made to meet City Code, Staff is recommending that the variance • -945- p. 3 #10- 03110- 04110 -05 5248 Sulgrove Road • April 28, 2010 request for minimum lot size be granted with a condition that the applicant make minor boundary adjustments to ensure all lots are greater than 6,000 square feet. Lot 4 Rear Yard Setback Variance For corner lots, Sec 129 -2 identifies the front lot line as that portion of the lot which has the shortest dimension on a public street and the rear lot line as being that lot line which is opposite the front. The intent of these designations is to establish where the appropriate building setbacks should be. Applying the definition results in Lot 4's front of the lot being Warner Lane and the rear lot line being just east of the existing home. Lot 4 is therefore required to have a 20 foot setback from Warner Lane, a 15 foot setback from the east property line and a 6 foot setback from the north property line. The original house and garage were constructed with an orientation toward Sulgrove Road rather than Warner Lane. This resulted in the house being placed so that the rear yard is the north property line rather than the east. Lot 4 Corner Lot Street Side Setback Variance According to City Code 129 -97 (e), all lots which abut more than one street are required • to provide a side yard setback abutting the street of 30 feet when the lot width is greater than 80 feet. This 30 foot setback is greater than the 20 feet required for the front yard setback. With a 6,000 square foot lot, this requirement significantly reduces the buildable area on the site. This requirement also results in adjacent properties having inconsistent setbacks as the side yard is greater than neighboring properties' front yards. The Planning Commission and City Council have previously reviewed this portion of the code and recommended that a change be made so that the street side setback is never required to be larger than the front yard setback. The City Council will be considering a modification to the City Code at their May 11, 2010 meeting. MINOR BOUNDARY ADJUSTMENT Section 121 -33 allows the relocation of a boundary line between two abutting, existing parcels of property as long as the relocation does not create a new parcel and does not violate the zoning code. The minor boundary adjustment is being requested so that all four lots are at least 6,000 square feet in size. The minor boundary adjustment is being recommended as a condition for the waiver of platting request. -946- p. 4 #10- 03110- 04110 -05 5248 Sulgrove Road April 28, 2010 60 -DAY PROCESS Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The variance application was deemed to be complete on March 18, 2010. City staff filed an 60 -day extension on its review of the application on April 27, 2010 to allow sufficient time for Planning Commission and City Council review. Members are advised that Minnesota Statutes 462.358, Subd. 3(b) requires approval /denial of subdivision applications within 120 - days. NOTIFICATION Adjacent property owners were provided notice of the applications by mailed notice on on April 30, 2010. CITY DEPARTMENT REVIEW Copies of the request and supporting materials were forwarded to all City departments for review and comment. Comments received are summarized below: Dan Faulkner, City Engineer Suggest property be re- platted rather than approving a simple boundary adjustment due to the number of lots involved. The proposed GFE (garage floor elevation) for adjusted lots 16 and 17, should be higher in order to provide for positive rear yard drainage to the proposed drainage swale at the back lot lines. It should also be noted that the surveyor named on the Waiver of Platting Application, Stem Surveying, is different than the surveyor who prepared the Proposed Lot Division drawings, Frank R. Cardarelle. Ray Hanson, Eng Tech. No comments. Dan Menth, Building Official No comments. Greg Skinner, PW Supt. No comments. Greg Pederson, Fire Chief Jim Kurtz, Police Chief Jim Fackler, Parks Supt. No comments. No comments. No comments. • 41 • -947- p. 5 #10- 03110- 04110 -05 5248 Suigrove Road • April 28, 2010 Rita Trapp, HKGi Consultant Planner raises question whether the request should be processed as a Major Subdivision including the maximum allowed hardcover provisions. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend Council approval of the waiver of platting with the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the waiver of platting request. 2. Applicant shall be responsible for payment of any deferred or forgiven special assessments that have been avoided by tax combination. 3. No future approval of any development plans and /or building permits is included as part of this action in the event the waiver of platting application is approved. 4. Applicant shall submit all required information upon submittal of the building permit application. 5. Applicant shall be responsible for procurement of any and /or all permits. . Staff recommends that the Planning Commission recommend Council approval of the variance request to allow the lot size of lot 1 be less than 6,000 square feet after the waiver of platting with the following conditions: 1. Applicant shall complete a subsequent minor boundary adjustment to make all lots at least 6,000 square feet in size. 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 submit all required information upon submittal of the building permit application. 5. Applicant shall be responsible for procurement of any and /or all permits. In recommending approval of the requested variance, Staff offers the following findings of fact: 1. While returning to the original lot lines results in an undersized lot, at 25,000 square feet, the parcel is sufficient in size to allow each of the four proposed lots to be at least 6,000 square feet in size if a minor boundary adjustment would be • made. -948- p. 6 #10- 03110- 04110 -05 5248 Sulgrove Road April 28, 2010 Staff recommends that the Planning Commission recommend Council approval of the variance request for a rear setback for lot 4 as part of the waiver of platting with the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the variance request. 2. 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. 3. Applicant shall submit all required information upon submittal of the building permit application. 4. Applicant shall be responsible for procurement of any and /or all permits. In recommending approval of the requested variance, Staff offers the following findings of fact: • 1. The house was originally placed and constructed with an orientation toward • Sulgrove Road rather than Warner Lane. This has resulted in the northern yard being used as a rear yard rather than a side yard and the eastern yard being used as a side yard rather than rear yard. Staff recommends that the Planning Commission recommend Council approval of the variance request to allow the front and street side setbacks for Lot 4 to be 20 feet as part of the waiver of platting with the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the variance request. 2. 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. 3. Applicant shall submit all required information upon submittal of the building permit application. 4. Applicant shall be responsible for procurement of any and /or all permits. In recommending approval of the requested variance, Staff offers the following findings of fact: 1. The intent of the City Code is maintain similar setbacks amongst neighboring properties. Thus, the strict application requiring a larger street side setback than • front yard setback is inconsistent with the intent and should not be enforced. -949- p. 7 • #10- 03110- 04110 -05 5248 Sulgrove Road April 28, 2010 Staff recommends that the Planning Commission recommend Council approval of the minor boundary adjustment with the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the minor boundary request. 2. 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. 3. Applicant shall submit all required information upon submittal of the building permit application. 4. Applicant shall be responsible for procurement of any and /or all permits. CITY COUNCIL REVIEW. The variance application, including the recommendation from the May 4, 2010, Planning Commission meeting, will be presented at an upcoming City Council meeting (date to be determined). • -950- b _-C,_ WAIVER OF PLATTING 5341 Maywood Road, Mound, MN 5364 APPLICATION Phone 952 -472 -0600 FAX 952 -472 -0620 • City Council Date: Case No. Application Fee and Escrow Deposit re uired at time of application. PROPERTY w INFO Subject Address , , �(" L6 h o � i EXISTING Lot(s) /r _ 1 LEGAL Block DESCRIPTION .Z Subdivision ,�} PID# PROPOSED i A. Lot(s) _ / — 1,i ( (r 5 c . , ' LEGAL *� Block / DESCRIPTION B. Lot(s) �— Block_ Zoning District Circle: R -1 R -1A R -2� R -3 B -1 B -2 B -3 PROPERTY g structures on the property? / yes no tructures comply with the zoni ordinance for setbacks, hardcover etc.? yes / no APPLICANT owner_ other email FAddress2 .. — ✓4S�E, 2 `(( Phone Hom Work L 1(2--221- / Cell fr✓lL- ZZ1— /I E -mail Address OWNER �j Fax + Name — , A l (j V R IV 0A (if other than applicant) email Address a Y Phone Home ur . SURVEYOR! Name �i - Y��,r ` JCS i email ENGINEER Address Office Phone f L — '— 0 7 L 7 Fax Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this pro ( ) yes, (crno. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by all owners of the subject property, or explanation given why this is not the case. I certify that all of the statements above and 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 information provided and that I am responsible for all costs incurred by the City related to the processing of this application 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. Applicant Signature-,.,, '• Date �- � � � ��� • Owner's Signature Waiver of Platting Information Date J (1/20/2010) Page 4 of 4 �� �� -951- -ti- 5341 Maywood Road, Mound, MN 5364 Phone 952 -472 -0607 FAX 952 - 472 -0679 BOUNDARY ADJUSTMENT APPLICATION J- 0 PROPERTY INFO EXISTING LEGAL DESCRIPTION PROPOSED LEGAL DESCRIPTION PROPERTY APPLICANT • OWNER (if other than applicant) SURVEYOR/ ENGINEER 100 A lication Fee and $750 escrow re wired at time of a lication. Subject Address . 5�J (", k _. C / _ s _ is Lot(s) 7 Block_ Subdivision Plat # A. Lot(s) /—� Si., (- B. Lot( Zoning District Circle: R -1 R -1A R -2 R -3 B -1 B -2 B -3 Block Block Are there existing structures on the Property? yes y no Do the existing structures comply with the zoning idinance for setbacks, hardcover, etc.? e / Y no The applicant is: owner_ other Z Email Name Phone Home 4 12 - " Z2 J -11 E -m Ad dress i Work C1 L. Z21 _/ J' I 1 Cell �) L. — 22 Nam 6J'A O /V . Email _ Address _ Phone Home Name Email Address 0 ZL �Yi CRS v. Office Phone C Z — 5 tr Fax iM. Application must be signed by all owners of the subject property, or explanation given why this is not the case. I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true and accu rate. I acknowledge that I have read all of the information provided and that 1 am responsible for all costs incurred by the City related to the Processing this application 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. of Applicant Signatureti Date' ..� . Owner's Signature Date Minor Boundary Adjustment Information r (1/20/2010) Page 4 of 4 -952- ____CrffATTyU,. )i. 5341 Maywood Road, Mound, MN 55364 Phone 9 52 - 472 -0600 FAX 952 - 472 -0620 ity Council Date Application Fee and Escrow Deposit required at time of application. Planning Commission Date Case No. LQ C' Plea type or SUBJECT Address_ PROPERTY LEGAL Lot DESC. Subdivision 0 Phone Home Block PID # Zoning: R1 R1A D2 R3 61 132 B3 (Circle one) PROPERTY Name OWNER Email Address APPLICANT (IF OTHER THAN OWNER) 1. VARIANCE 40 APPLICATION C Work ax Name Address %I 1 t Phone Home 6lj_ aIN 1, >> Work 6 l Has an application ever been made for zoning, variance, cod \ t, � t Pax condition use permit, or other zoning procedure for this property? Yes ( ) No (If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed description of proposed construction or alteration (size, number of stories type of use, etc.): • Variance Information (1120/2010) Page 4 of 6 -953- Case No. (� • 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ) No (,,)—Tf' no, specify each non - conforming use (describe reason for variance request, i.e. setback, lot area, etc.): M SETBACKS REQUIRED REQUESTED (or existing) VARIANCE Front Yard: (N S E W) Side Yard: (N S E W) Side Yard: (N S E W) Rear Yard: (N S E W) Lakeside: (N S E W) ft ft. ft. ft. ft ft. ft. ft. ft. ft. ft. ft. ft. (NSEW) Street Frontage: • Lot Size: Hardcover: ft. ft. __ ft _____ - _s q ft ft. sq ft sq ft ft. s q ft s q ft 4. Does the present us of the property conform to all regulations for the located? Yes , No ( ). If no, specify each non - conforming use: zoning district in which it is 5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) too small ( ) too shallow Please describe: • Variance Information 0/20/2010) Page 5 of 6 ( ) topography ( ) drainage ( ) shape ( ) soil ( existing situation ( ) other: specify J -954- C-1 7. Was the hardship reated by any other man -made change, such as the relocation Yes ( ), No (. . If yes, explain: of a road? 8. Are the conditions of hardship for which you request a variance peculiar only to the property descri this petition? Yes ( -I ( ). If no, list some other properties which are similarly affected bed in n 1.s 9. Comments: I certify that all of the above statements and the statements contained in any required papers or I submitted herewith are true and accurate. I acknowledge that I have read all of the variance infor provided. I consent to the entry in or upon the premises described in this appl Y Y authorized ication b an pans to be official of the City of Mound for the purpose of inspecti Posting notices as may be required by law. ng, or of ng, maintainin g and r emoving such Owner's Signature Applicant's S Variance Informaiion 0/20/2010) Page 6 of 6 Case No. Was the hardship described above created by the action of anyone havin after the zoning ordinance was adopted (1982)? g property interests in the land Yes (�; No O If yes, explain: c _ Date �, _/ �,"— GU 0 Date 3 - 1s - - lo • -955- March 19, 2010 • City of Mound 5341 Maywood Road Mound, MN. 55364 Attn: Mayor and City Council Members Subj: Waiver of Plat for Sulgrove Addition with Attendant Minor Boundary Adjustments Encl: 1) Waiver of Plat Application with Fee and Survey 2) Minor Boundary Adjustment application with Fee and Survey 1. As background, the property at 5248 Sulgrove Road, PID# 25- 117 -24 -21 -0168 has become available for re- development. This property was originally the combination of Lots 11 through 17 of Block 26 of the Whipple Addition. Enclosure 1) shows a 4 lot configuration following the original tot lines of the Whipple Plat, Lots A, B, C, and D. This approach allows the original hard cover of 40% to be retained for three new construction homes to be built on the property and for the re- modeling activity which will occur on the existing home on the property. The 40% hardcover is essential in order to provide two car garages for the new homes and the remodeled home. You will note however that following the original plat lot lines creates a non - conforming lot, A, and another non - conforming situation on Lot D with • the lot line running through the existing porch of the existing house. 2. To correct these deficiencies created by the Waiver of Plat process, the Developer proposes to apply a minor boundary adjustment to three of the existing lot lines thus creating the configuration noted in enclosure 2). Lot 1 is now conforming and Lot 4 now has a 7.0 foot side setback after the existing porch is removed. 3. The scope of work for this project as proposed by the Builder is as follows: a. Construct new homes on Lots 1, 2 and 3 with setbacks as noted and 40% hardcover; the price range will be approximately $250,000. The existing garage on Lot 3 recently burned down so this will be removed as part of the insurance settlement. b. Re -model the existing residence at 5248 Sulgrove which will include removal of the existing porch, construction of a new garage and application of the 40% hardcover to this lot as above in Lots 1, 2 and 3. 4. The hardship consideration for this approach is the existing home orientation with frontage on Sulgrove and the previously platted lot lines with small nonconforming parcels. The hardcover and proposed new home configurations and remodeling will blend in nicely with the current neighborhood and the price point is expected to attract buyers even in this down market. Park dedication is assumed to have been satisfied on the original plat. Chuck Alcon, P sect Manager 6138 76 Lane, Loretto, MN. 55357 . H- 763 -477 -6470 C- 612 -201 -7139 -956- b fJ� J N 0 20 40 60 IN FEET � S y CALE ,0 EXISTNG SPOT ELEVATION. X(998.0) = PROPOSED SPOT ELEVATION = DIRECTION SURFACE DRAINAGE CON = CANTILEVERED OVERHANG OR - OVERHEAD UTUTY LINE GFE = GARAGE FLOOR ELEVATION TFE - TOP OF FOUNDATION ELEVATION LFE = LOWEST FLOOR ELEVATION tiAM.a = SANITARY SERVICE JY7� = WATER SERVICE pFP - HYDRANT CR - UTILITY POLE a SM1MTM1HY Y' y L. _.. — BENCHMARK TR SAN MH ' ELEV = 973.1 � Q J � a ap l M1'1 h g i I ROAD x 0 0 0 SURVEY IS SUBJECT TO CHANGE PER LEGAL DESCRIPTION: TITLE OR EASEMENT INFORMATION LOTS 11 THRU 17, BLOCK 26, WHIPPLE. HENNEPIN CO., MN. VERIFY ALL DIMENSIONS AND ELEVATIONS WITH HOUSE PLANS ADDRESS - 5248 SULGROVE ROAD Existing configuration VERIFY ALL SETBACKS WITH CITY UTILITY LOCATIONS SHOWN ARE MOUND, MN. PID 25_ „7- 24_2,_D,68 PER LOCATION AND CITY PLANS LOT AREA = 25000 SF/ 0.57 AC along lot lines VERIFY ALL LOCATIONS 0 0 0 9 0 • ROOD I � , 1 88°.38�W 138.SO Jib � `J 0 20 40 60 1 o a�,9�* e - —r - SCALE IN FEET KEY av - EXISTING SPOT ELEVATION. X(996.0)- PROPOSED SPOT ELEVATION ........ = DR2ECTION SURFACE DRAINAGE COH = CANTLEVERED OVERHANG OHL - OVERHEAD UTILITY LINE GFE = GARAGE FLOOR ELEVATION TFE - TOP OF FOUNDAVION ELEVATION LFE - LOWEST FLOOR LEVATION .%Ares. = SANITARY SERVICE -4ML - WATER SERVICE i p0 - HYDRANT C,e = UTfUTY POLE HCA = HARDCOVER ALLOWED I � U 00 , BENCHMARK E R SAN MH LEV 973.1 SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION VERIFY ALL DIMENSIONS AND ELEVATIONS WITH HOUSE PLANS VERIFY ALL SETBACKS WITH CITY UTILITY LOCATIONS SHOWN ARE PER LOCATION AND CfTY'PLANS VERIFY ALL LOCATIONS LEGAL DESCRIPTION LOTS 11 THRU 17, BLOCK 28, WHIPPLE, HENNEPIN CO.. MN. ADDRESS - 5246 SULGROVE ROAD MOUND, MN, PDJI 25- 117 -24 -21 -0168 LOT AREA - 25000 SF/ 0.57 AC LOT TA&" rA01V LOT 1 - 6090 $a FT. / 0.14 AC X a4OX - 2436 RCA -- — - LOi 2 - 6030 Sa Fr / 0.14 AC X a4OX - 2410 WA LOT3 -8100 SO. Fr.. /0.14 AC $ g X a#OX - 2440 MCA LOT 4 - 6700 SO. FT. / 0.154 AC X a4OX - 2680 HCA SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION VERIFY ALL DIMENSIONS AND ELEVATIONS WITH HOUSE PLANS VERIFY ALL SETBACKS WITH CITY UTILITY LOCATIONS SHOWN ARE PER LOCATION AND CfTY'PLANS VERIFY ALL LOCATIONS LEGAL DESCRIPTION LOTS 11 THRU 17, BLOCK 28, WHIPPLE, HENNEPIN CO.. MN. ADDRESS - 5246 SULGROVE ROAD MOUND, MN, PDJI 25- 117 -24 -21 -0168 LOT AREA - 25000 SF/ 0.57 AC - -- _ —� — — — — WATER I 1 I to � SEA BU D ( 9�- --a - -- �-_ - -- T - zl T,, SANITARY SEWER �$ - N 89 ir' 136.50 7. ( _ o eR g• 6T.3 - I- -_ II ... 74 SCALE IN FEET (( 11 5 I 11 _ KEY 1 j 2OFSB � --, I 20FS 987.5 _ �( GFE 983 � GFE = 987.51 j0° = EXISTING SPOT ELEVATION. �( 7 I 1 I � X(998.0)= PROPOSED SPOT ELEVATION ( W = DIRECTION SURFACE DRAINAGE (� ( �o o I I ` � 8 � Y = CANTILEVERED OVERHANG (� c o Z ' 44 COH C v w -- - - - - -- OHL = OVERHEAD UTILITY LINE % ( A ' g ° l e�. \o GFE = GARAGE FLOOR ELEVATION TFE _ TOP OF FOUNDATION ELEVATION ( 'y' J 6090 SF i 1 d30 S 1 W Z TlON LFE = LOWEST FLOOR ELEVATION ( o -c l F J LOT TABULA SANS = SANITARY SERVICE J LFE =975 1y c` ' 1 ,6 l✓ (W I �LFG =979. - _ 97$ r h 7 0 .�g0 ( g el- ) t : _F - ' h Z LOT 1 = 6090 SO. FT. / 0.. 14 AC �tTl WATER SERVICE r _� (�pp (9 9)., 5 �o = - 1 X a40% = 2436 HCA p�t HYDRANT o = UTILITY POLE L 19 � ( -- -- 2 = 6030 SO. FT. / 0. 14 AC - -- �' —^ _ _ 74 980.0 - -x X 0.40% = 2410 HCA — — HCA = HARDCOVER ALLOWED ( QNAGE AND ( UTILITY EASE (� ( �.�' ; 78.4 WALE la 1.9% 1 ° _ o �k2� <ODRA �IA�GE — — LOT 3 - 6100 SO. FT. / 0.14 AC _j 1 (( z ( F — — — — I-� 6 101. S s $ x 0.40% = 2440 HCA Q.• 1 6`l40 SF 9�$ `;`i se 5 51 r I �5 y `� �) o T 10 55 •� _ _ _ _ _ _ ' L E =972 LOT 4 = 6700 SO. FT. / 0.154 AC l o oQ l 1 6 ► 7 y l X 0.40% = 2680 HCA 15 c�, - - -- I— 58 - - - - -- g�g� C I 1g l _ g1 l -__ 412 .0 I 22 l �, EXISTING w° W f ) I EXISTING g l l I 1 HOUSE HOUSE � Q ( #5238 1 9 i l ,5 0�c� ti =t�R C. � I f __-__ — #5248 I l 15.1 �' M a GF =980 GFE =97� 41.2 00 W I ; z3 3 gig' I Li � 2 � o Y / � / � 5• 70 J '� 979 X� `L � 9 , 1 C 3 1 I O Q- / F� /�'ti� / ,2 � I 6� 9 1 I g I N 4 g 107.9 UTILITY (ET4E EN ! i / S 89 °30' E 18 1. 9 - _WATER. — — uQi '` - -- �9 .. —� 1 '� 4's SUL GRO VE I I ROA D — — — — — — -- .---"= -- — — — — — — — SANITARY SEWER — — -959- 'I9� • SEABURY ROAD N 89"38'W �o 0 v h e Z 0 62.5 i 1 I s �2a i g ' I I� l 13 6090 sr I a 78.4 DRAINAGE AN 4 0_ I S — — -- -1 6100 sF Oio 15 1 22 ' PRA 0 EXISTING HOUSE ' CARA #5248 I I // - -- }-- -- - --( 107.9 1 i S 89430' E 181.9. SUL GRO VE 136.50 0 174 r -- __- i- - - - --, 5 I 20FS8L I II i I 11 12 6q0 -V 77 5 ° �I 74 0 U i -1 o 5 ( 6 10 SF 5 1 1 1 �I 1 ta( 116 1 17 I �I I I INro E � i I GARAGE A 20F L 174 lv Q 'K EXISTING HOUSE #5238 • LOT 7ABULA77ON LOr t = 6090 S0. Fr. / 0.14 AC X 0.40X = 2436 HCA LOT 2 = 6030 SQ. Fr. / 0.14 AC xa40X =2410 HCA LOr 3 - 6100 SO, Fr. / a14 AC X 0.40X = 2440 HCA LOr 4 - 6700 SO. FT. / a 154 AC X 0.40X = 2680 HCA 51 3 arss SO /-7 416 4/7 zo Original Plat 0 � -961- 1 eFe. 4.. so Ao - T C tt. zo 1,3 4 16 AK 4/7 16 L17 q 4v Original Plat 0 � -961- 1 41 e. WIW; tt. zo A 16 /.r L17 q 4v 44 �74* Original Plat 0 � -961- 1 41 e. WIW; tt. A q �74* 29 -4 L 2627 4 Ar., Original Plat 0 � -961- 1 • Hennepin County Property Map Print -962- Page 1 of 1 Property Information Search by Street Address Result page Pagel of 2 Hennepin County, Minnesota Home • Abstract or Torrens; TORRENS Value and Tax Summary for Taxes Payable 2010 Values Established by Assessor a of January 2, 2009 Estimated Market Value; Property Information Search Result Taxable Market Value: $160,000 The Hennepin County Property Tax web database is updated Total Net Tax: daily (Monday - Friday) at approximately 9:15 p.m. (CST) Total Special Assessments: Search By., Parcel Data for Taxes Payable 2010 Total Tax: Click Here for the 2010 State Copy to be used when filing for the 2009 M 1PR State Refund Print .... Qualifying Improvements .M Veterans Exclusion Property ID: 25- 117 -24 -21 -0168 ......................... .............................. Address: 5248 SULGROYE RD Property Type RESIDENTIAL Municipality: MOUND Homestead Status Relative Homestead HOMESTEAD School Dist; 277 Construction year: 1.934 Agricultural Watershed; 3 Approx. Parcel Size: IRR €GULAR Exempt Status Sewer Dist: HOUSE or BUILDING Owner Name: SHARON A HAUGEN #: Name SHARON A HAUGEN 5248 & Address: 5246 SULGROVE RD STREET NAME: MOUND MN 55364 (at least first 3 characters) Sulgrove Most Current Sales Information UNIT # (if applicable) Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms- length transactions. NO SALE INFORMATION ON FILE FOR THIS PROPERTY. Search Clear 20 ;; records per page Tax Parcel Description • Addition Name: WHIPPL.E Lot: Block: 026 Metes & Bounds: LOTS 1.1. THRU I.7 INCL SUBJECT TO ROAD Abstract or Torrens; TORRENS Value and Tax Summary for Taxes Payable 2010 Values Established by Assessor a of January 2, 2009 Estimated Market Value; $1.60,000 Taxable Market Value: $160,000 Total Improvement Amount: Total Net Tax: $1,565.82 Total Special Assessments: Building Market Solid Waste Fee: Total Tax: $1,565.82 _.___..__........... http: / /www16.co.hennepin.mn.us /pins /addrresul_963- 4/26/2010 Property Information Detail for Taxes Payable 2010 Values Established by Assessor as of January 2, 2009 Values: Land Market $64,000 Building Market $96,000 Machinery Market Total Market: $1.60,000 Qualifying Improvements Veterans Exclusion Classifications: Property Type RESIDENTIAL Homestead Status Relative Homestead HOMESTEAD Agricultural • Exempt Status http: / /www16.co.hennepin.mn.us /pins /addrresul_963- 4/26/2010 Hennepin County Property Map Print Page 1 of 1 sutGoov • Selected Parcel Data Parcel ID: 25-117-24-21-0168 Owner Name: SHARON A HAUGEN Parcel Address: 5248 SULGROVE RD, MOUND, MN 55364 Property Type: RESIDENTIAL Homestead: HOMESTEAD Area (sgft): 25464 Area (acres): 0.58 A -T -B: TORRENS Market Total: $160,000.00 Tax Total: $1,565.82 Date Printed: 4/26/2010 2:55:10 PM Current Parcel Date: 4/5/2010 Sale Price: $0.00 Sale Date: / Sale Code: http:// gis. co. hennepin.nm.us /HCPropertyMap /L — — )r.aspx 4/26/2010 • April 24, 2010 City of Mound 5341 Maywood Road Mound, MN 553 -64 6 x)10 PQ� � Re: Brenshell Construction Development Plan for Lots 11 -17, Block 26, Whipple Addition 25- 117 -24-21 -0168, 5248 Sulgrove Road, Mound City Council Members and Planning Commission: I'm writing to communicate my opposition to the four residential home development plan submitted to the city by Tom Stokes of Brenshell Construction for the Haugen Estate at 5248 Sulgrave Road in Mound. In my opinion, this plan, like so many development plans, is too dense. Two homes would be fine on that parcel; four will be too crowded for the character of this Lake Minnetonka neighborhood. Although I am aware of the plat developed in 1913 which allows for four homes, I would think 97 • years might give one pause to reconsider the wisdom of the original plan in terms of today's shift in priorities toward land preservation and away from blind development. I think the city has done well with the Mound Visions Program and I would like to see that same vision and restraint applied to our neighborhood. Please help us retain the park -like quality of Phelps Island just as you have committed to retaining the small town charm and natural features of downtown Mound. Do not approve this particular plan as currently presented. Thank you. Barb F ug 5251 Sulgrove Road cc: Mark Hanus, Kandis Hanson, Heidi Gesch, Dave Osmek, Ray Salazar, Greg Skinner Sarah Smith • szIS-2 Page 1 of 1 • Sarah Smith From: Julie Tasche 0111111111111 . Sent: Monday, April 26, 2010 9:49 PM To: Subject: 5248 Sulgrove Road City Council Members and Community Development Director, We, Troy and Julie Tasche, are 23 year residents of Sulgrove Road In Mound. We find the planned re- platting at 5248 Sulgrove Road not in accordance with the current city ordinances and local neighborhood interests. We would appeal to each of you to come view the site in question, if you have not done so already. To build 4 residences on this property is unimaginable. As the plat lines are currently mapped, 2 residences are all that should be allotted for this property. In addition, the letter written to you by Chuck Alcon, Project Manager, is incorrect. The existing garage was not "burned down" as stated, but was merely damaged. Please consider what is in the best interests of our neighborhood and the Mound community as a whole. Thank you for your time and consideration in this matter as we will be out of town and • unable to attend the May 4th meeting. Troy and Julie Tasche • The New Busy is not the too busy. Combine all your e-mail accounts with Hotmail. Get busy. 4/27/2010 -966- 5341 MAYWOOD ROAD • MOUND, M N 55364 -168 PH: (952) 472-0600 FAX: (952) 472-0620 April 27, 2010 WEB: www.cityofmound.com Brenshell Construction 2541 Wexford Lane Mound, MN 55364 Martha Brannon 30 Crabapple Lane Tonka Bay, MN 55331 RE: Notification to Extend Deadline for Action on Variance(s) Application This letter is in regard to the waiver of platting, boundary adjustment and variance(s) applications for the property at 5248 Sulgrove Road that were submitted and deemed to be complete on or around March 18, 2010. Pursuant to Minnesota Statutes 15.99, please be advised that the City of Mound hereby extends the deadline for approval/ denial of the variance(s) request for an additional 60 days. You are advised that Minnesota Statutes 462.358, Subd. 3(b) requires approval /denial of subdivision applications within 120 days. At this time, Staff has tentatively scheduled the applications to be reviewed by the Planning Commission at its Tuesday, May 4, 2010 meeting, which may be subject to change, with possible City Council review to be held on Tuesday, May 25, 2010. Therefore, the purpose for the extension is to allow adequate time to prepare for the upcoming Planning Commission and City Council meeting including, but not limited to, the preparation of any and /or all Staff Reports and related documents associated with the City's review and pending action(s). If you have any questions, please feel free to contact me directly at (952) 472 -0604 or by email at sarahsmithPcityofmound.com I will be happy to answer any questions you may have. Sincerely, ith Community Development Director ® printed on recycled paper • • -967- za-� 8 1+C,C, 0 t..t May 25, 2010 City of Mound 5341 Maywood Road Mound, MN 55364 Meredith and Bill Brandt 3367 Warner Lane MQund.. FAR 5,4$ra4. RE: 5248 Sulgrove Road, Appl'n for Variance and Plat Line Adjustment While I recognize the need for the city council to accommodate land owners in their desire to develop their property, and the need for new development within our community for improvement and increased tax base, I must encourage the council to carefully assess the requests on the Haugen property and the developer's plan to place four homes there. Variance request does not meet subiegtive requirements of zoning ordinances. Without the granting of any variances or waivers, this parcel already has.three buildable. lots, one. with an existing. home and. two- which are already legally sized to accommodate development. Denying the application does not in any way prevent the owner from developing the land. Approving the application is against our city code for the following reasons: (1) 129- 39(a), that a variance maybe issued where the code imposes undue hardship or practical difficulties to the property owner in the use of his land. Approval of the application only provides for construction of a fourth home on what can already be a three home development and thus does not impose undue hardship. (2) 129- 39(a)(1), that exceptional circumstance apply which do not apply to other properties. No exceptional circumstance exists; the parcel can already be developed with three homes (3) 129- 39(a)(2), that literal interpretation of the code deprives the applicant of rights enjoyed by others. Again, this is not the case as the parcel can already be developed with three homes. (4) 129- 39(a)(6), that the variance would not be materially detrimental to other property. The overly dense construction of four homes on this parcel removes all greenspace and numerous mature trees from the area - an area which serves as a focal point for a dozen surrounding homes — thus having a negative impact on their value. Drainag2 caused by increased hardcover is not gol3golled by existing city storm drain infrastructure The lots which front Sulgrove drain to the southwest corner of the parcel. In the planning meeting, Mr. Stokes indicated there was a storm drain at this comer. Upon inspecting the area, there is no storm drain in the southwest corner. Increased runoff may require the city to lay additional storm drain pipes in this area. Sheer number of Waivers, adiustments and variances required In this regljtlt indicate an u finable situation Due to the circular nature of the requests, even the city planning commission was unsure as to what order in which to vote upon them. Also, the city code indicates that when four lots are developed they should fall under subdivision regulation; the planning commission bypassed this altogether. The layers of requests being made are unreasonable and too greatly bend our city code. It should not be the city's responsibility to twist so many aspects of our building code to suit a potential developer. The surrounding homeowners, all longtime residents of our city, look to the city council to protect their rights and preserve their property values. Si rely, eredith and BiII Brandt Zi 8 �dl, o ut May 25, 2010 City of Mound Council Meeting re: 5248 Sulgrove — Brenshell Construction Application Council — I might not have a voice tomorrow night — allergies and respiratory problems ... I'm sending this to you ahead of time in case I can't talk. I ask that you read it before the meeting and THINKABOUT IT Barb Flug, 5251 Sulgrove Rd, Mound -------------------------------------------------- The council has the planning commission's recommendation and a record of its vote, which you can see was not unanimous. I don't think the majority of the commission understands this, but a recommendation, even from its planning director, is just that. It's not a directive. It's a recommendation only and I don't think you are obligated to follow it. I think the job of the members of both the commission and the city council is to independently examine each issue and make informed decisions from which you then vote according to your conscience At least that's what I expect of you. That requires you to think on your own and to have enough interest and courage to disagree by vote with your planning commission and your fellow council members, if you have to. If there's any obligation here at all, it's not to the planning director, it's not to the developer; it's to the people who put you in your seats. I have a question for all of you -- WHY AREN'T ANY OF YOU LIVING ON 6,000 SF LOTS? I did some research. As far as I could tell, none of you on either the commission or the council is living on a 6,000 sf lot. I'm wondering why, if you think that size is such a great idea. And, I'm very curious to know which of you would be willing to buy one of these new properties and make it home. If you can't see yourself living in the development Mr. Stokes wants to build, I don't know how you can possibly vote for his proposal. TRAFFIC I think planning staff at the May 4 meeting said it did not think the introduction of additional cars and boats around this small parcel will affect traffic in the neighborhood. I not only disagree; I think that's blatantly irresponsible. Of course it will affect traffic. It will affect safety; it will affect noise levels; it will affect city requirements in the neighborhood. Along with additional traffic that is going to come with this development, there will be an additional four families, possibly with children, living in houses with little to no yards. Guess where the kids will play? They'll play in the streets where the traffic has just been increased. Kids already play in the streets in our neighborhood to some extent, and I love it; that's fine right now. It won't be fine with the added traffic of this development. You will be putting even the kids who are already here in jeopardy. FAVORS I hope this wasn't happening at the commission meeting, and I certainly hope it isn't going to happen here, but none of us would even be here tonight if Marti Brannon had not been paying back a favor, so I really hope there aren't more deals or favors going on under the table tonight. I say this because I've known Marti Brannon, the executor of the Haugen estate, for about two years. Marti has known Mr. Stokes longer than that. He was not the only buyer. The reason Marti sold the property to Stokes was because she thought she owed him a favor for work he had done on a previous project of hers. I have an email from her saying exactly that, and I guess that's perfectly legal. I just wish Marti had given more thought to the community the Haugens lived in and less to Mr. Stokes when she sold the property. In fact, I wish she'd given more thought to what I requested of her and what she could have heard from other neighbors if she'd sought their advice before it even went up for sale. Shortly after Sharon died, Marti asked me what I thought should happen to the property, and I said please just don't sell it to someone who wants to put up three houses. So what does she do? She sells it to someone who wants to put up four! Obviously, she didn't hear me. But at the time, I trusted her, and I didn't push it. So, to answer your question of May 4 Mr. Salazar; I didn't do anything about buying the property myself (as if I even could) because I thought my preference was clear. Well, by now, you've heard from a lot more of us saying exactly the same thing. And, I hope you will do what Marti failed to do; which is genuinely listen to and represent the people who put you here and who are telling you what they don't want in their neighborhood. HE WON'T SUFFER This is a business deal for Mr. Stokes. He's a developer. He's not going to live on this property. This is not his home; this is not your home; this is OUR home. Stokes is building to sell to make a profit; so of course, he's going to say it's a good idea. And, of course his realtor will say the same thing because he'll be making commissions on the houses that they hope will sell. But, I really don't think you need to worry about Stokes. He won't suffer if he doesn't get approval for this overdevelopment. He'll continue buying up property to subdivide. He will continue building. This is, by no means, the end of the line for him if you deny his application. This is, however, a big deal for us. And, perhaps part of the reason we're here tonight is to remind you and Stokes that there's a lot more to life than subdivision; especially when you have to cram in buildings and circumvent minimum requirements to get it to work. In case you've forgotten (or never knew), in addition to subdivision, there are plenty of other factors here: quality of life, respect for the land we're living on; comfort, character and feel of the neighborhoods we create. My dad died in January this year, and going through some of his magazines I found a quote that seems perfect right now. "The sun, the moon, and the stars would have disappeared long ago ... had they been within reach of the predatory hands of mankind." It seems to be hard for city officials, somehow, but I would like to urge you to give it a shot. Look beyond the numbers and the ordinances, and the variances and the profit and see if you can glimpse the vision. Then make it reality by voting against this plan. Ro il W:1:r_11 313 This is not a hardship for Mr. Stokes. It's not a hardship to ask someone to be reasonable and restrained rather than overzealous and greedy. If Stokes builds just two houses, he can be much more creative with design, with placement, with landscape. He'll still make a very nice profit. And, he might just gain a little respect and support from the community. And if all else fails, and he just can't stand the prospect of working on fewer than four houses; he can buy mine Mine needs plenty of help. But there will be no subdivision of my property! 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Comm. Dev. Director Date: May 25, 2010 Re: Proposed Trunk Water /Sewer Area Charges - Sulgrove City Council Members are advised that Condition E in the draft resolution for approval of the waiver of platting of the Sulgrove proposal states as follows: "Payment of all required utility fees at the current approved rates prior to release of the resolution Water Trunk Area Charge (WTAC) - $2, 000 1unit, Sewer Trunk Area Charge (STAG) - $2,000 1unit. Chuck Alcon, on behalf of the applicant, Brenshell Construction, submitted a letter on May 25, 2010 requesting that the trunk area charges for sewer and water for the new lots be paid as part of the building permit process. Based on discussion with Mr. Alcon, Staff recalls preliminary discussion regarding same took in advance or early on in the application process, however, it is possible that since the item was not referenced in the applicant narrative it was not addressed or could have been overlooked. Members are advised that payment of these fees have generally been paid prior to the release of the resolution. However, the trunk area charges have also been collected as part of the building permit process as well based on Staffs review of past cases. The Public Works Director has indicated that it is acceptable to collect these fees with the building permit as the stubs to the property are already in. Copies of the excerpts from the City Code related to Water Trunk Area Charges and Sewer Trunk Area Charges have been included. 5/25/2010 City Council Regular Agenda Item No. 8 Add -On Documents UASSmith \My Documents\ Memorandums \2010\memosulgrovetrunk.doc Sarah Smith From: charles a. alcon [alcon @usinternet.com] Sent: Tuesday, May 25, 2010 9:00 AM To: Sarah Smith Cc: tstokes11 @googlemail.com Subject: Sulgrove Addition Fee Payment 1. At the beginnoing of the process to proceed with a Waiver of Plat and Boundary Line Adjustment for the Sulgrove Addition it was my inderstanding that all applicable sewer and water fees could be paid at the time of building permit application since the stub laterals were already in place and this was a waiver process as opposed to a regular new platting action. Either through a miscommunication or my lack of understanding during the initial budgeting process with the bank, the park dedication fees are in the Development Budget and all of the sewer and water fees are in the Building Budgets for the three new homes. The Staff report of May 19, 2010 requires payment of WTAC and STAC prior to release of the resolution which was a bit of a surprise. 2. The project acknowledges and does not dispute that payment of both park dedication and the various sewer and water fees are required for this waiver of plat process. However due to the placement of the fees is separate budgets with the fina ncing authority, it is requested that the park dedication fees be paid prior to release of the resolution and that all sewer and water fees be allowed to be paid with the building permits for each of the the three new houses. 3. Your support of this request is requested. Chuck Alcon Project Manager, Sulgrove Addition UTILITIES times, the top of the curb box shall be level with the ground surface. (b) Separate service connection; multiple dwellings. Every separate building and each unit in a duplex, twin home, double bungalow, or townhouse supplied with water must have its own service connection directly with the mains and each unit must be provided with a shut -off and drip valve in the ~ ' d cellar from an independent riser pipe. Each water service shall be at least one inch in diameter or larger for single- family homes and for each unit in a duplex, twin home, double bungalow, or townhouse. Each water service serving commercial buildings shall be at least one inch in diameter for buildings containing up to 1,500 square feet of floor area; any building which has more that 1,500 square feet of floor area shall have a minimum service of at least 1 %: inches in diameter. These provisions shall apply to all new construction and for any units which connect to the city's water mains hereafter; existing units which do not have separate services as of the effective date of the ordinance from which this section is derived and which are now connected to the city's mains are excepted from these provisions except as set forth below. Two or more adjacent buildings owned by the same person shall be supplied through the same connection only so long as the single ownership continues and provided that the owner agrees to pay all charges for water consumed on the entire premises. Upon the termination of such single ownership, a separate connection shall be made immediately to the building or premises theretofore having the indirect connection, provided that in case there is not water main on any street on which said premises abut, the city may permit such connection to remain until the water main is laid in such abutting street. (c) Remote readers required Every service shall be metered and shall have remote readers included as a part of the installation. Only meters and readers furnished by the city shall be installed, and they shall remain the property of the city. (Code 1987, § 610.35; Ord. No. 01-2001,2-25-2001; Ord. No. 02- 2002,1 -20 -2002) Secs. 7478 - -7497. Reserved. DIVISION 3. SERVICE APPLICATIONS Sec. 74-98. Rewired. Property owners desiring service connections made to their premises must file an application with the city on forms provided for this purpose. Each application must be accompanied by the payment of the charge specified in section 74 -127. Upon payment of such charge and allowance of the application, the city shall allow the connection from the main or curb box to be installed by a duly registered plumber. (Code 1987, § 610.10) Sec. 74-99. Contents. Applications must state the purpose for which the water is to be used, together with a proper description and location of the property and must be signed by the owner or their authorized agent. The application must state distinctly the point on the property line where the service is to enter the premises. (Code 1987, § 610.20) Sees. 74-100- 74-126. Reserved. DIVISION 4. RATES AND CHARGES Sec. 74-127. Water service. — — ...- .....« — vr.... 6W k rr ais 1. a aav ..any %JFwawa a wa1.p1 .9G1 V MV 3y.1LGJU1 UML M VM U10 needs of the community. A water trunk area charge (WTAC) is needed to establish, construct, repair, replace, maintain, enlarge and improve said system. The WTAC is payable by every lot, parcel or piece of property that will connect to the water service system, or an expansion of an existing use caused added consumption of water, whether residential, commercial, or industrial. The amount of this area charge shall UTILITIES have violated this section will be subject to the $100.00 per month penalty for all months between the two most recent inspections. (Code 1987, § 600.25; Ord. No. 88 - 1997, 3 - 15 - 1997) Secs. 74- 217 -74 -240. Reserved. DIVISION 4. RATES AND CHARGES Sec. 74 -241. Established. (a) Council action. Rates and charges for the collection and treatment of sewage shall be established by the city. All availability charges, area charges and connection fees shall be paid at the time a building permit is obtained, unless a subdivision agreement, development agreement, or resolution provides otherwise. (b) Service availability charge. In addition to, and not in lieu of, all other charges imposed from time to time by the city for building permits, sewer connection permits, sewage usage rates, and sewer area charges, the then prevailing Metropolitan Council Environmental Services agency service availability charge (SAC) shall be paid to the city at the time a building permit for new construction is issued, or at the time a sewer connection permit is issued for the connection of an existing building to the city sanitary sewer system. The a mount n�the service charges blish Sewer trunFarea charge (STAG }. The city operates a sewage collection system to serve the needs of the community. A sewer trunk area charge (STAG) is needed to establish, construct, repair, replace, maintain, enlarge and improve said system. The STAC is payable by every lot, parcel or piece of property that will connect to the sewage collection system, or cause additional use or excessive discharge of sewage, whether residential, commercial or industrial, or the construction of additional units upon land already connected to the system. The amount of this area charge shall be as established by ordinance and shall be calculated according to the current guidelines of the Metropolitan Council Environmental Services, `/rd NApVFC ?MN . -No pe'FIRF RIaII be i or any Owic sewer system of the city either directly or indirectly from any lot, tract, or parcel of land unless a sewer service connection fee has been paid. The amount of this connection fee shall be as established by the city. (e) Unusual wastes; special rates. As to any sewage or industrial waste which is unusual in either character or amount, the City Council reserves the right to impose such supplemental sewage rate charge as said City Council shall determine is reasonable and warranted on the basis of all relevant factors, in addition to all applicable charges hereunder. (Code 1987, § 600.45; Ord. No. 01-2001,2-25-2001; Ord. No. 01- 2002,1 -20 -2002) . Sec. 74 -242. Strength charge. (a) Recitals. The Metropolitan Council Environmental Services, a metropolitan WCES organized and existing under the laws of the state (WCES), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the Act), has determined. to impose an industrial user sewer strength charge upon users of the metropolitan disposal system (as defined in Minn. Stats. § 473.121, subd. 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the city to pay such costs based upon strength of industrial discharge and allocated to it each year by the MCES, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the city. Furthermore, Minn. Stats. § 444.075, subd. 3, empowers the city to make such sewer charge a charge against the owner, lessee, occupant, or all of them and certify unpaid charges to the county auditor as a tax lien against the property served. (b) Establishment. For the purpose of paying the costs allocated to the city each year by the CD74:12 Memorandum Hoisington Koegler Group Inc. MIN ®8 TO: Honorable Mayor and City Council FROM: Rita Trapp, AICP DATE: May 18, 2010 MEETING DATE: May 25, 2010 APPLICANT: Timothy D. Hartman REQUEST: Final Plat — "Woodlyn Ridge" CASE NUMBER: 10 -07 LOCATION: 6301 Lynwood Boulevard COMPREHENSIVE PLAN: Low Density Residential ZONING: R -1 Single Family Residential BACKGROUND: The applicant, Timothy D. Hartman, has submitted a Final Plat for an 11 -lot single family development named "Woodlyn Ridge." The 4.17 -acre property was subdivided in 2008 using the Planned Development Area — Conditional Use Permit (PDA -CUP) process. The Final Plat is consistent with the previously approved Preliminary Plat (Resolution #08 -15). Below is a brief overview of development details: PARCEL SIZE 4.17 ac PROPOSED UNIT # 11 LAND USE PLAN Low Density Residential 1 -6 units acre) ZONING (EXISTING ) R -1 DENSITY 2.6 units /acre ZONING BULK STANDARDS (PDA) Minimum Lot Area 10,000 sf Minimum Lot Width 60 feet Minimum Lot Depth 80 feet Front Yard Setback 25 feet Side Yard Setbacks 6 and 10 feet Rear Yard Setbacks 15 feet Woodlyn Ride Court ROW width 50 feet Park Site Dedication None — fees in lieu • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 -968- p. 2 #10 -07 Woodlyn Ridge Final Plat May 18, 2010 After Preliminary Plat approval, the B. Benson Group sold the property to Timothy D. Hartman in February 2010. City Council members are advised that the abstract of title was updated by Old Republic and the Plat Opinion was prepared by Kennedy and Graven; revised documents are forthcoming related to the inclusion of 1 /2 of vacated Butternut Road following the City Council's July 24, 2001 action included in Resolution No. 01 -62 following submittal of a certified copy of the aforementioned resolution to the title company. Identified issues in the Preliminary Plat approval have been satisfactorily addressed. They include: • Drainage and utility easements have been modified on Lots 6, 7, 8, and 9 as required by the City Engineer. • A trail easement has been created within the drainage and utility easement along CSAH 15 to accommodate the future county trail. • A wetland buffer has been created and a wetland buffer declaration filed. • The utility plan has been modified to provide a gravity sanitary sewer system. • A development site plan has been created to communicate the maximum hardcover percentages allowed for each individual lot so as to ensure the 30% maximum hardcover percentage is maintained by the entire development. • OTHER APPROVALS: Also on the agenda for this project are proposed resolutions to approve the Development Agreement, the Wetland Buffer Declaration, the Trail Easement Agreements and Early Start Agreement. City Council members are advised that the Wetland Buffer Declaration and Trail Easement documents, following resolution approval, will be recorded as separate documents but will also be included as Exhibits to the Development Agreement. Members are further advised that Exhibit A of the Development Agreement, which includes the estimate for project improvements is currently being prepared by the applicant's engineer and will be subject to review and approval by the City Engineer. The applicant has requested the ability to begin early construction of a single home and the installation of utilities, curb and gutter, and the roadway surface to serve that home. The applicant would like to have the home ready for the next "Parade of Homes." The Early Start Agreement provides for the requested early start with specific conditions, including that the certificate of occupancy (which is needed for public showing) will not be granted until the final plat has been recorded. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612)338 -0800, Fax(612)338 -6838 -969- p. 3 #10 -07 Woodlyn Ridge Final Plat • May 18, 2010 ADDITIONAL COMMENT: In preparing the legal descriptions for the final plat and associated documents it was discovered that there was a typographical error in the 2008 legal description for the preliminary plat and its associated documents. In that error, Lot 3 was omitted. However, all plans and exhibits clearly identified Lot 3. The error subsequently occurred in the 2008 extension resolution as well. As the preliminary plat resolution was not recorded a correction did not need to be made. However, on the advice of the City Attorney a resolution has been prepared to address this matter. RECOMMENDATIONS: A resolution approving the Woodlyn Ridge Final Plat is in order for City Council approval with a number of conditions that will help to ensure quality development is achieved. Staff recommends approval of the Woodlyn Ridge Final Plat with the conditions as contained in the Final Plat Resolution. Staff also recommends approval of the related resolutions for the project including the Development Agreement, the Early Start Agreement, the Wetland Buffer Declaration, the Trail Easement Agreements and the resolution to correct the legal description in the previously adopted documents. • • 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338 -0800 Fax (612) 338 -6838 WK111 C7 CITY OF MOUND RESOLUTION # 10 A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE WOODLYN RIDGE RESIDENTIAL DEVELOPMENT AT 6301 LYNWOOD BOULEVARD WHEREAS, the applicant, Timothy D. Hartman, submitted a Final Plat Application for the proposed Woodlyn Ridge residential development on April 8, 2010; and WHEREAS, the subject site is located on the south side of Lynwood Boulevard in the area between Westedge Boulevard and Robin Lane, near the western edge of Mound; and WHEREAS, the applicant is proposing to subdivide the 4.17 -acre property into 11 residential lots for single - family detached homes; and WHEREAS, the applicant is proposing to create one new public street, Woodlyn Ridge • Court, as part of the subdivision, which would have a 50 -foot right -of -way and access Lynwood Boulevard (CSAH 15) on the north side of the subject property; and WHEREAS, the City's Comprehensive Plan guides this land for Low Density Residential, which allows single - family detached and attached housing types within the density of one (1) to six (6) units per acre, and the proposed subdivision would be 2.6 units per acre, which is consistent with the Comprehensive Plan's land use and density guidance; and WHEREAS, the property is located in the R -1 (Single - Family Residential) zoning district, which has a minimum lot area of 10,000 square feet or maximum density of 4.4 units per acre, and the proposed subdivision would be 2.6 units per acre, which does not exceed the maximum density permitted in the R -1 zoning district; and WHEREAS, the Planning Commission held a public hearing and reviewed the proposed Woodlyn Ridge Major Subdivision - Preliminary Plat, land use and related applications at its January 14, 2008 meeting and recommended that the City Council approve the Major Subdivision /Preliminary Plat Application for Woodlyn Ridge subject to conditions; and 0 -971- • WHEREAS, the City Council, on January 22, 2008, held a public hearing pursuant to Mound City Code for review of the proposed preliminary plat and Planned Development Area — Conditional Use Permit (PDA -CUP). The City Council through Resolutions #08 -15, 08 -16 & 08 -17 approved the proposed subdivision. The conditions contained in the aforementioned resolutions are referenced in this Resolution and are applicable to the provisions contained within the Final Plat; and WHEREAS, the City Council has studied the practicability of the Final Plat taking into consideration the requirements of the City, giving particular attention to the lot arrangement, their relation to topography, wetlands, water supply, sewage disposal, drainage, the present development of adjoining lands and the requirements of the Zoning Ordinance and other official controls; and WHEREAS, the City Council, on November 25, 2008, approved a 1 -year extension for City approvals of the preliminary plat and related land use approvals until January 22, 2010 following adoption of Resolution No. 08 -114; and WHEREAS, the City Council, on November 24, 2009, approved a 1 -year extension for City approvals of the preliminary plat and related land use approvals until January 22, 2011 following adoption of Resolution No. 09 -96; and WHEREAS, said Final Plat is in all respects consistent with the Preliminary Plat, City • Comprehensive Plan, and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1. Final Plat issuance subject to compliance with the following requirements and conditions: a. The final plat drawing labeled Exhibit A is hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City Engineer. b. The Final Plat shall be recorded by the developer with the County Recorder or the Registrar of Title within 60 days of its approval or shall become null and void as provided by Mound City Code Section 121 -87. c. The City Attorney shall examine title to the property and shall render a title opinion to the city showing the ownership of the property. • -972- d. The 30% maximum hardcover percentage shall be maintained by the • eleven (11) lots in total. It shall be the applicant's responsibility to verify and maintain documentation regarding the status of hardcover calculations. The development site plan which shows the maximum hardcover percentages allowed for each individual lot is hereby incorporated as Exhibit B . e. The proposed retaining wall(s), which shall be located on private property and shall not be the responsibility of the City, will need to be designed and stamped by a licensed structural engineer in the State of Minnesota as is required for wall structure exceeding four (4) feet in height. f. Modifications to the proposed retaining wall including a two- tiered wall and placement of the wall(s) are subject to review and approval by the City of Mound. Applicant is advised that in the event the retaining wall or portion thereof is located within the wetland or buffer area(s), additional permitting may be required. Any retaining wall over four (4) feet in height shall require a fence or railing to be constructed along the top of the wall and shall be subject to approval by the City Engineer. A fence up to 48 inches in height on top of the retaining wall(s) is permitted under the PDA -CUP Resolution #08 -16. g. A trail easement shall be provided along CSAH 15 within the drainage • and utility easements to accommodate a future county trail. The trail easement shall be recorded along with the plat by the developer at his expense providing proof that the easement has been recorded. h. Drainage and utility easements, as required by the City Engineer, shall be provided and submitted in a form so as to allow for recording at Hennepin County and shall be subject to review and approval by the City. The applicant shall be responsible for preparation, execution and recording of a Wetland Buffer Declaration, the form and content of which shall be subject to review and acceptance by the City of Mound. Utility Plan shall provide a gravity sanitary sewer system designed in a manner acceptable to the City Engineer. k. Payment of all required utility fees at the current approved rates prior to release of the resolution: Water Trunk Area Charge (WTAC) - $2,000 /unit, Sewer Trunk Area Charge (STAC) - $2,000 /unit. Payment of water service connection fee - $240 /unit, and sewer service connection $240 /unit fee as part of building permit. Payment of SAC fees as part of the building permit. • -973- I. Payment of any City fees associated with review of the Final Plat Application • or related land use permitting. m. Park dedication requirement shall be fulfilled by cash payment in lieu of land in accordance with City Code shall be paid prior to the release of the Final Plat. n. Any and /or all conditions included in the official resolution approving the PDA -CUP for the project. o. Any and /or all conditions included in the Water Resources Permit. p. The lots shall have non -lot of record status. q. Applicant shall be responsible for providing all existing /proposed legal description information in electronic form to City of Mound. r. Structures shall not be built into the required front, side and rear yards. s. The homes shall have at least 840 square feet of area, not including any garage. t. Structures, roadways, driveways and parking areas must be located outside • of the wetland buffer. u. A hazardous material inventory and demolition permit will be needed prior to the demolition of the existing house per MPCA requirements and City policy (if applicable.) v. The installation of new water and sewer service must be completed prior to release of the 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. w. Any curb, gutter and streets which are disturbed because of construction including but not limited to installation of the water service, sewer service and small utilities, shall be replaced. x. An approved Hennepin County permit will be required for any construction taking place within CSAH 15 right -of -way. y. Locations of water and sewer services need to be approved by Mound Public Works Department. CJ -974- z. 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 and all fees have been paid. aa. 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. bb. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and accesses servicing the homes are approved by the City Engineer, Public Works Director and Building Official. cc. No future approval of any development plans and /or building permits is included as part of this action in the event the major subdivision - preliminary plat is approved. dd. The applicant shall submit all required information upon submittal of the building permit applications, when appropriate. ee. 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. ff. No work is authorized or approved on public property. Applicant is advised that additional permitting may be needed in the event construction or other related activities are undertaken on public -owned land and is contingent upon the specific improvements proposed to be constructed. gg. Early construction of one home and installation of utilities, curb and gutters, and a roadway to service that home can occur as stipulated by a separate Early Start Agreement. hh. Applicant shall meet all requirements and /or conditions identified in the Development Agreement. ii. Exhibit A of the Development Agreement, which includes the estimate for project improvements, is currently being prepared by the applicant's engineer and will be subject to review and approval by the City Engineer. 2. The Major Subdivision — Final Plat Application is hereby approved for the subject property as depicted on the attached Exhibit A . • -975- • The foregoing resolution was moved b Councilmember and seconded b 9 9 Y Y Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted by the City Council this 25 day of May 2010. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • is -976- j� 5341 Maywood Road, Mound, MN 5364 Phone 952 -472 -0600 FAX 952 - 472 -0620 Planning Commission Date r- Case No. o JCD City Council Date e- ! • FEES MUST BE SUBMITTED WITH APPLICATION. CHECK BOX TYPE OF APPLICATION A p OM INFO SKETCH PLAN REVIEW $200* EXISTING PRELIMINARY PLAT $350 +$15 per lot LEGAL DESCRIPTION FINAL PLAT $350 +$15 per lot APPLICANT CONDITIONAL USE PERMIT/ PDA $350' ESCROW DEPOSIT $5,000' Address VARIANCE $200 TOTAL $ * CALL THE MOUND PLANNING DEPARTMENT TO CONFIRM CURRENT FEES. PLEASE PRINT OR TYPE PROPERTY /I 3 Subject Address 1 � J 3� INFO 6 W Name of Proposed Plat �hA EXISTING Lot A t� 6,A E I 4 Block �_ Subdivision LEGAL DESCRIPTION PID# Zoning: R1 R1A R2 R3 61 B2 B3 (Circle one) APPLICANT The applicant is: owner other_ Email ('\0'LA4-y7 Cr) V\/\ Name Address j4V A1< 3� Phone Home S° � _1 1 S Work ( 1 ( ' 50 L9 ) Fax Name Email OWNER (if other than Address applicant) Phone Home Work Fax Name � (' Email SURVEYOR/ ENGINEER Address Phone Home Work Fax Major Subdivision Information r� • -977- Description of Proposed Use: • jy � p' ?0 EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke /odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: RESIDENTIAL DEVELOPMENTS: Number of Structures: Lot Area Per Dwelling Unit: sq. ft. Number of Dwelling Units /Structure: Total Lot Area: sq. ft. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by al1 owners of the subject property, or explanation given why this is not the case. I certify that all of the statements above and 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 information provided (including Section 121 of the Mound City Ordinance) and that I am responsible for all costs incurred by the City related to the processing of this application. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for a purpose of inspecting, o'r of posting, maintaining and removing such notices as may be required by law. A e V ) • Print Applicant's Name Applica t'sAignature Date Major Subdivision Information -978- Print Owner's Name Owner's jgnature Date Print Owner's Name Owner's Signature Date • 0 • Major Subdivision Information -979- • Impervious Allowances WOODLYN RIDGE Mound, Minnesota # Square Feet Elevation Hardcover Lot 1 10959.09 LO 35.0% 3835.68 Lot 2 10031.04 LO 35.0% 3510.86 Lot 3 10059.26 FB 35.0% 3520.74 Lot 4 14238.74 FB 30.0% 4271.62 Lot 5 22696.23 WO 25.0% 5674.06 Lot 6 27078.13 WO 22.0% 5957.19 Lot 7 16781.48 WO 28.0% 4698.81 Lot 8 10114.52 WO 35.0% 3540.08 Lot 9 10074.87 LO 35.0% 3526.20 Lot 10 10135.31 LO 35.0% 3547.36 Lot 11 10450.91 FB 35.0% 3657.82 Total 152619.58 1 30.0% 145740.43 Setbacks Front - 25' Side (10' one side, 6' opposite side) Rear 15' • -980- TTY SSOCIATES ENGINEERS & LAND SURVEYORS, INC. MEMORANDUM DATE: March 22, 2010 TO: Sarah Smith, City of Mound FROM: Cara Schwahn Otto, Otto Associates RE: WOODLYN RIDGE Mound, Minnesota Otto Project No. 2 -10 -0026 As part of the final plat process, Hartman Property Development requests that the City review /approve a WCA "No Net Loss Certificate" for this project. No wetland impact is proposed. • • • 9 WEST DIVISION STREET - BUFFALO, MINN. 55313 - (763) 682 -4727 FAX (763) 682 -3522 -981- WOOCOYN RIDGE __-- f--_._ _.. s I °` rPara d.vP•a!•drl .lv —._ x . 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Mn/ehI h.a.n.rrt am adrra.letll.d Mb. mI UII. _ tlaY d Mb hMrmart .a. aableM.dy.tl eM.a m by Pad E dl �( IMnTMAn aabneea Pdd _ ey d T wfrn v. son, tMmb a.rvYr ey Mara Pdrf.Q cnavry 2oarot*. NamrpPr am YR.r...b (Yarake +) Yebr Mmna ambl wmpte I ea.e� +cry as ae dMRr Mf d wadd.ni Muar ap nmd.+ h a► aMe. ah Ndey P.Yb; Rbrerpt Yhmpb wMea M Oe.NR RbrerW Kp.rlr by v." fy tvanhYan oPrp Et/NUSNW4]ale I I 00 QA W 1 I I I I i � I � � I I I �I I f VICINITY MAP NOT RT SCALE m I I I 11 \ I 1 \ \ i l / V 00 Cp O / 1 r0A ma. Yl{p I Il,.e«un pRp,,E ,eea LOCATION � tlrbul read .e.drda na A.wra aw ad. � 1 A-p r� o\ o� ,\ eh RA OWERAEVELOPER.• NARTMAN PROPERTY DEVELOPMENT AIiN. 71M HARTLTAll 1 9622 DANDER LANE ST. BONIFACIU$ MN 55375 (612) 501 -1487 WOODLYN RIDGE C50 MLN ND TNT I AM A LIULY LxSTOFn PR9REAORaL EaLWiEm COVER SHEET 2 -10 -0028 T rO "I SO HARTMAN PROPERTY DEVELOPMENT cso LICF118E 4043, MM 3 o W m �� MOUND,MN SHEET NO. 1 OF 7 SHEETS 3/19/10 0 0 0 L PIWA4 TO ANY EX AVATM RK CONTRACMR SHALL LERR"Y 1 ♦ IM LOCATION OF ALL UNDERO aM URUTIES 2 CALL 45 HOURS BEFORE DIL1 . R GOPHER STALE OYE CALL 1 FM On AREA MI- 454 -0062 MN RILL FREE 1 -800- 152 -nBB 1 I f � GOVERNING SPECIfICA DONS 1, RE 2005 EDRION.OF AW4"OTA DEPARTMENT OF 1RAWWT VOY I 1 I 'STANDARD SPECMCA TILNS FOR CONSTRUCTION'. 1 2. OTY ENONEERS ASSODA TDTI OF MINNESOTA MEAD) STANDARD I UTUIES SPECMAi. 1 ALL APPLICABLE FEDERAL, STATE AND LOCAL LAMS AND OROWANCES MLL BE COMPLED WIN DI INf COVSTMXT7ON OF DRS PROECT 1 � I INDEX SHEET. DESCRIPDON 1 COWR SHEET 2 COMPOSITE UTUTY PLAN J SANITARY SEMER 4k WATERMAIN 4 STREET k STORM SEMER 5 GRACING PLAN 6 STORM WATER POLLUTION PREWNRON PLAN 7 DETAILS WOODLYN RIDGE C50 MLN ND TNT I AM A LIULY LxSTOFn PR9REAORaL EaLWiEm COVER SHEET 2 -10 -0028 T rO "I SO HARTMAN PROPERTY DEVELOPMENT cso LICF118E 4043, MM 3 o W m �� MOUND,MN SHEET NO. 1 OF 7 SHEETS 3/19/10 0 0 0 L_J I 3 I 4 I T I cgvnET:r TD EA>sT: AN F �{ l . P• c \ V OD Cp i Y � F A OWNER E✓ELOPER: I , \ Z'iR 1 NARTMAN PROPERTY OE4ELOPMENT I ` \ D ATRJ: RM NARTMAN 8622 OANOER LANE Sr. BOMFACIM MN 55375 3 (612) 501 - 1487 I a W/ I I =1 n A fAl nl' 21 p N I R x I CSO MLN CIEQ® cSo 1 j J WOODLYN RIDGE ` E HARTMAN PROPERTY DEVELOPMENT epawTS ~ _ ___ � MOUND. MN RAMBLER " — L ANE 1 � I I NOIER 1 1, ALL D.I.P. WAWRWWN SHALL BE CLASS eE UMESS OT,ERe1SE A pVC 3AMrARY sEB9i sNAU soB B SO uME4 oT1FAYA8 SA my sl W s SHALL E {' PAC 8TM ze. A. ftm ssmm SHALL BE ,• COPPER LATIN ,• COPP. I I ( S. ALL VTLrIY CROSSINGS WN HAVE A WS M OF 18 CP VEg1MAL I I SEPARA,M N BETSEN! PIPES. e. INE WGiN1N5 Di E105NN0 UIEfTORO,ND Uru,ES ARE SNOWN M N7 APPROIDIIA7E WAY ONLY. 71E CONMAC70R SHAM. OETENAINE ME Uf LO GON M M EASTNO IIi1311ES INTOE COWINCRN0 WORM. HE Aq I AI AT OCCASNMFD BY MS N EIUCRY LACA7E AND PRIUN ANY 1 1 ( ANO RILL C ED EDVEPIp UNOERO IMAG 0N5 - U1EAlE3 GOVERNING S XiT11iDE: I TIE A SKC CA CF ONS FOG O NS7 K j IT DF M.--ON STN 1 ENCHI IRS MSOCTIIAM MI FML WNEBOT A ( IOCE -d1Y FNw11EER9 ASIAT Di LIRINEBOT4AL) STANDARD U7W1E5 EPECE10Al,ON. 1 -ALL APPUCAeUE TFOFAN. STALE AND LOCAL LARK AND WM7ANCp 7S � I EBI. BE CCYPWm WITH M TE CpN91RUCilON a iN3 PRDIECT. e. CONIRACI'CR 91ALL PELD YE16Y LOGINN3 AND [IEVATONS OF EfESTNC I O I SEEN N S S AT TNIES ONE TO Nil' NC C SHAl IIML I p. A IE75r OE 0ONNE LANE SHALL CON iR OPEN W N.C. IN ND. ,e M, H UI ALL STATE CANNC LOM P E GIJIA CCN0. SNALL BE M ACCORDANCE RIIH ALL TAL A LACA L ECI 1 EX I 0. WAIM CTOR HALL STM TO AVOID, AS NECESSARY WIEAE WAIERWAN AS AT CONSIDERED 1D p ANO CMEVCT MIM CO UfSf1ES. E%iFNDCNS SNALL BE CONSONIFD INCIDENTAL 10 NYMUNT COST. PWOJECf N0: COMPOSITE UTILITY PLAN z I 00 00 0 00 100 100 "WERIOCKLOPER, MARiNAN HARMA YoEw.aPMENr ATM: TM HARMAN 9622 CANCER U Sr. RMWAW1. W 00J70 (612) 6M -1167 NoiE3 1. ALL OI.P. WATER1IMN MAU N CLASS 02 UWEE6 OT MDSE TORO. 2 ML M SAMTARY SERER SWILL SE SOR 36 U1KEW 07MMW ROTD. 9. SANITARY SEANCES SHALL K 4' M SOR 26, 1. WATER SEANCE➢ SIME K 1' COPPER WTI 1' CORP. 6. A LL U iIIRY MOSSNOS STALL WAN: A NAW.IIM D In' Oi NTIILAL SEPAR— BEIREEN PARS. 6. TIE LOCATORS O Ep6TR0 UNOFTOROUNO NIUM AIR: MM M I 1 \ iP II 1 S J[ [ �— \ \ VVV \\ A \ 1N W 1 9n O\ CWNTY PERMIT REWIRED FOR ALL WVRK NI MIN ME COUNTY RIQ4T -OF -WAY • • • (0 T i R s *5 tp \ y R It N`? •`���� n 1R �' o ar o�r'� � qy x i NOTES q 1. ALL STORM SEWER SHALL BE RCP G.AS! N UNLESS OTHEPIRSE NOTED. , w \ \1 =i # D, 4+� g O, INTERSECTION DETAIL 1 � _ ` 1 ��� 'scut I• _ bN 1001.91 � � 1 = , A•> 1 X L T 1 Z t la9zel ,� 1• �• 1 b1'ioW` 0 STRUCTURE NO. Y£LOPfR: Z PROPERTY OEIELOP9ENi AiTM W NARTNAN 9Ja JNARTN� %22 MWER LANE O Sr. bf. BOMFAGY/S NN blJ)b CBllli I (bn) ba9 -r487 NEQIAN R —JCW —V I NFENAN R -1a42� 1 \ t \ wseo- l+44O9a\ 1 L _ 11] \ _ tp \ y R It N`? •`���� n 1R �' o ar o�r'� � qy x i NOTES q 1. ALL STORM SEWER SHALL BE RCP G.AS! N UNLESS OTHEPIRSE NOTED. , w \ \1 =i # D, 4+� g O, INTERSECTION DETAIL 1 � _ ` 1 ��� 'scut I• _ bN 1001.91 � � 1 = , A•> 1 X L T 1 Z t la9zel ,� 1• �• 1 b1'ioW` 0 STRUCTURE NO. STRUCTURE SRE CASTING ca I 9Ja R— }Oa7 —V CBllli I NEQIAN R —JCW —V I NFENAN R -1a42� M1 nn / - ^n Al I I I 1 v/ VC_ Vii if ' I _ 17 \ RAJ 1 I J 1 i GRADING WIN1N THE RIGHT - -OF -WAY / / / / � %9\ / P � ) I I 1 I , 1 . p IS NECESSARY FOR PROPER SIGHT DISTANCE e RA LL. I /'17 J \\ \ B TNl ON TIROL " DFev \\ 4 IIaRGL \ ? � ik F SB -8 SIMMOUNTABHE CONCRETE + 3�0} - "B AND WTIEIt I j 1 1 /2' SIRMINOUS 1W:AR C3EW(RSE (LVWE 350 iR 5 A4�EGA %5E ) TYPICAL STREET SECTION CSO MLH 0lLtKID Cso E E vAREa v !EE PuI m E I vAwts v aE suN ar I R awry FLAY. AT _ _net��T xPi4 �'� w�r��mal�a.M ° � M ai°0a FTam 9wAa au al a[ Tn a > 1 ras n mrac Pu a �n.l �v arnuc mMn Pra wv�at) TYPICAL RAMBLERIFULL BASEMENT (FB TYPICAL FULL WALKOUT (WO) TYPICAL FULL BASEMENT OR SPLIT ENTRY (BE) OR SPOT ENTRY WALKOUT (SEWO) WILOOKOUT WNDOWS (LO) WOODLYN RIDGE �n af TH [_ r m3E G uxNOOrA_mnE G uxNOOrA TTO. Nr.a i HARTMAN PROPERTY DEVELOPMENT __ flfl _ " MOUND. MN P.HP 11Pf MA BMFwNI Il RtV.YWr a I•xGWa aIARAa elewNr/ Il.ema nr a rBAWAIXw FTavAmx PP'PRJ R.tMlRTEIII !<FEXAAIOI X �aenorts cRAIr Ar PAPr a v,W GRADIN NO 1. WETLANDS DELINEATED BY kJOLHAUG ENVIRONMENTAL SERVICES COMPANY. 2. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXNATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL COSTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMANGES 'WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. 3. SPOT ELEVATIONS ARE GUTTER ELEVATIONS. 4. FGR RETAINING WALL DESIGN REFER TO SHOP DRAWINGS PREPARED BY GRAY ENGINEERING, LI.C. GRADING PLAN 1 2 -10 -0026 • • • �G �g \ ` \ I P M eW Iw _ \ I 6M h \ Raja IAA OWNER/DEVIELOPL72: HARTMAN PROPERTY DEVELOPMENT \ ATTN.. 77M HARTMAN Ij 9622 GANDER LANE • ST. SONIFAOUS, MN 55375 aao (612) 507 -1187 d -Le - gar - /• z y n�8 p 1 I J 1 i GRADING WIN1N THE RIGHT - -OF -WAY / / / / � %9\ / P � ) I I 1 I , 1 . p IS NECESSARY FOR PROPER SIGHT DISTANCE e RA LL. I /'17 J \\ \ B TNl ON TIROL " DFev \\ 4 IIaRGL \ ? � ik F SB -8 SIMMOUNTABHE CONCRETE + 3�0} - "B AND WTIEIt I j 1 1 /2' SIRMINOUS 1W:AR C3EW(RSE (LVWE 350 iR 5 A4�EGA %5E ) TYPICAL STREET SECTION CSO MLH 0lLtKID Cso E E vAREa v !EE PuI m E I vAwts v aE suN ar I R awry FLAY. AT _ _net��T xPi4 �'� w�r��mal�a.M ° � M ai°0a FTam 9wAa au al a[ Tn a > 1 ras n mrac Pu a �n.l �v arnuc mMn Pra wv�at) TYPICAL RAMBLERIFULL BASEMENT (FB TYPICAL FULL WALKOUT (WO) TYPICAL FULL BASEMENT OR SPLIT ENTRY (BE) OR SPOT ENTRY WALKOUT (SEWO) WILOOKOUT WNDOWS (LO) WOODLYN RIDGE �n af TH [_ r m3E G uxNOOrA_mnE G uxNOOrA TTO. Nr.a i HARTMAN PROPERTY DEVELOPMENT __ flfl _ " MOUND. MN P.HP 11Pf MA BMFwNI Il RtV.YWr a I•xGWa aIARAa elewNr/ Il.ema nr a rBAWAIXw FTavAmx PP'PRJ R.tMlRTEIII !<FEXAAIOI X �aenorts cRAIr Ar PAPr a v,W GRADIN NO 1. WETLANDS DELINEATED BY kJOLHAUG ENVIRONMENTAL SERVICES COMPANY. 2. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXNATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL COSTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMANGES 'WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. 3. SPOT ELEVATIONS ARE GUTTER ELEVATIONS. 4. FGR RETAINING WALL DESIGN REFER TO SHOP DRAWINGS PREPARED BY GRAY ENGINEERING, LI.C. GRADING PLAN 1 2 -10 -0026 • • • PwD N'"n r� I AARALL ANAM ATA1N H TNAKS ' w SEYFA EurAUAtxM O 1 1 S � POND e vII D /j wxAP �urrAY \ xxt w Paw NreR cnxsmuena -- / o °oo \ / O nll ,, \ S - 4. i 4' alW �TIOAI R WIDE WOOD FIBER �® BLANKET DETAK. (IN DITCH BOTTOM) r .III aIT 1°wLmeA� NwINO"""Aa� MNA)OT 3666 CAT. 3 EROSION CONTROL BLANKET CSO MAN CSO 1.7 VATKN M 2 WR5 V \ \ 1 / LG / WSTALL S' PoptnLL I OEN01E3 AETLAND BUAFER {o i4 -at b =X 1 - oENOTf6 ORANGE TRFE PRomcnm FENCE ��1 u0 a4m �RA81Nt� � N �AC� �"r LIRA I X BIOROLL BLANKET SYSTEM I �AxENR11 AaL� l TYAt 3 /ML AID > 0' rM YN Imlm NRA PwAS vMAe ixAr Tu ?DRS om DAE Aw Nw AAauAD M rros AND �EI�SY�T � uY � A R I� 1@ \ ah l Are wY = Auxvr na n °AO �Naa AnExaa r + 3 xTFENLEDETAA I I nI k (J1 �& I f ) 1 �I • z�j OWNER/OEVELOPER. 1 11ARTMAN PROPERTY DED£LOPMENT ATTM. TIM NAR7MAN 9622 CANOE? LANE ST. BON clusU MN 55375 (612) 501 -1467 SEDIMENT TRAP AS MANUFACTURED BY WIMCO, LLC. SHAKOPEE. MN. �R�mA Arles rAa NAN Am,. Aw AoA.Ra. nDrDI ' � mie+peDllDn Rnu uenu rra ua A.N Ken. WOODLYN RIDGE HARTMAN PROPERTY DEVELOPMENT MOUND, MN 4 lMxm ro M RournA+m A[IbK 9lb1EI1T Mal POIOb NS) g1gIFS w1ET1 NAw i1R1. Aw VPw —T w M x! rFIICE (NMM N NOIAIS) > ANrAM TPow ODxSTROCIION dlRNlw. 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ANY OfAATEw10 9WLLL SE DpC11AAwD TO A TEOwASY 9UWIXf S 9!L A M CDN,AACrw MALL SE aESxM IOR MANIFNNICE O ALL fROYAaI uxTRaL DEYIm uxn as NAS A uxsnaA vuerAnvt mxA TRm A aaraTr w ]NR aEA M ExrmE PERNwB AISA uNx1FNANx WALL Rdt)NE Sur wr SEDIMENT TRAP AS MANUFACTURED BY WIMCO, LLC. SHAKOPEE. MN. �R�mA Arles rAa NAN Am,. Aw AoA.Ra. nDrDI ' � mie+peDllDn Rnu uenu rra ua A.N Ken. WOODLYN RIDGE HARTMAN PROPERTY DEVELOPMENT MOUND, MN 4 lMxm ro M RournA+m A[IbK 9lb1EI1T Mal POIOb NS) g1gIFS w1ET1 NAw i1R1. Aw VPw —T w M x! rFIICE (NMM N NOIAIS) > ANrAM TPow ODxSTROCIION dlRNlw. PlPIAmEOrr a3oNo CMSTINDDDR 4AY K NfrLS4ARY. d /d1Y OFPDSiNO w BLT OR MA M MLA OR FAd1110 SIwM snAn DR SNMF9 9HNL SE OEIpAFD ATRR EAO1 MM NA ArreaEO IAF.AS gLDRD. ]. M ODN,MCidi EIIAIl K Pt'M+QEaIE faS N®AIO ATSIAIO PALED wwADES atAY w SEDAIOIT Aw YuA AmMMrt a xuD sNAU SE AEYOwa EmRx EI NgMf w Ducnrnr. 0. R N M ,ASPONSNMIY w M D,AEtt OONTMCTMt ro MSTNL SALT MOTECNM MpSO AIIETE A]RA AAY NK NSTAVLD PN]u ro corsIRIICOaII PLWS iON arNS) A ODxEaTED Bro S C T om A%HALT Aw COIRtlE1E MALNOA RMISN DFMD PIRA. PUSw, ABTYn ONSawnOX Aw DEMa111CN DFSRIS AND OIXFR A9IE4 MOST DE 019P08FO w MOLLY Aw WST C011P1Y NM YPM M�OBAL ,A:CUTSSIDIn f0. sr3xAw Aw DISPOSAL w al. OASaME. PAMT Aw IaY NATNOOIIB we3rANa3 MUSE Bf M taIANINILE YAAI MPCA AFAAAAIIOn. IL f%IMNULL AAfIxS w 10.11CIf8 MD ODAT COwIRUaIXN KJMEB Yx3r % OaRp ro A DPrmm AAPA w M mIE a avaAr uenID AS wrx YSIDPF uu3, eE DaNrAAm Aw NASIE q I W q w. w M DS PO4D3. Di AILONED aN Sln MAA1 NAUAE ro 8E A LYAYM w 200 RET MW AMY EE1t/aIDA PWDE. OA OTi1EA =SS1 DDNEA u slDaaxv wAU eE ErAalrsm ATM TAYPp1ARY SEEO buAaT ux LSD) a wLw Aw =r rNU YIAU x ANrNLLD AA01M M eorlDU wneR T DAn Mau M u3r cwDmurnw Ac,mlrs nur PaNAa M sTDOOAL. r3. Au uaw NRD wIn rrASrts owmArzD SY caxaElE AA9Mn wuAnao uusr w CONIAND M A ILAIf -MOaF C011lAEMFIIT PAaAtt Aw Aoa�Rn mau M PROdFLT ALE. tNlw MO 9aA1 WASTES IANT K: MEP09ro w PRwlIAY ATO M alWARLE ATDI VCA IIEdRASONi STORM WATER POLLUTION [ 2-;o -0026 PREVENTION PLAN HFFT NO. B OF 7 SHEETS 359!10 MAN Mr l ull 1 1 � pp I $ t R I � P� N Tn¢ m PR°RCnDY I Ik 1 SEDIMENT TRAP AS MANUFACTURED BY WIMCO, LLC. SHAKOPEE. MN. �R�mA Arles rAa NAN Am,. Aw AoA.Ra. nDrDI ' � mie+peDllDn Rnu uenu rra ua A.N Ken. WOODLYN RIDGE HARTMAN PROPERTY DEVELOPMENT MOUND, MN 4 lMxm ro M RournA+m A[IbK 9lb1EI1T Mal POIOb NS) g1gIFS w1ET1 NAw i1R1. Aw VPw —T w M x! rFIICE (NMM N NOIAIS) > ANrAM TPow ODxSTROCIION dlRNlw. PlPIAmEOrr a3oNo CMSTINDDDR 4AY K NfrLS4ARY. d /d1Y OFPDSiNO w BLT OR MA M MLA OR FAd1110 SIwM snAn DR SNMF9 9HNL SE OEIpAFD ATRR EAO1 MM NA ArreaEO IAF.AS gLDRD. ]. M ODN,MCidi EIIAIl K Pt'M+QEaIE faS N®AIO ATSIAIO PALED wwADES atAY w SEDAIOIT Aw YuA AmMMrt a xuD sNAU SE AEYOwa EmRx EI NgMf w Ducnrnr. 0. R N M ,ASPONSNMIY w M D,AEtt OONTMCTMt ro MSTNL SALT MOTECNM MpSO AIIETE A]RA AAY NK NSTAVLD PN]u ro corsIRIICOaII PLWS iON arNS) A ODxEaTED Bro S C T om A%HALT Aw COIRtlE1E MALNOA RMISN DFMD PIRA. PUSw, ABTYn ONSawnOX Aw DEMa111CN DFSRIS AND OIXFR A9IE4 MOST DE 019P08FO w MOLLY Aw WST C011P1Y NM YPM M�OBAL ,A:CUTSSIDIn f0. sr3xAw Aw DISPOSAL w al. OASaME. PAMT Aw IaY NATNOOIIB we3rANa3 MUSE Bf M taIANINILE YAAI MPCA AFAAAAIIOn. IL f%IMNULL AAfIxS w 10.11CIf8 MD ODAT COwIRUaIXN KJMEB Yx3r % OaRp ro A DPrmm AAPA w M mIE a avaAr uenID AS wrx YSIDPF uu3, eE DaNrAAm Aw NASIE q I W q w. w M DS PO4D3. Di AILONED aN Sln MAA1 NAUAE ro 8E A LYAYM w 200 RET MW AMY EE1t/aIDA PWDE. 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MrmW t• rw SECDON .' : >a a to io m: n. _ STORM SEWER JUNCTION MANHOLE pweR.Rr A-A RIPRAP AT RCP OUTLETS "•~ WOODLYN RIDGE e ra HARTMAN PROPERTY DEVELOPMENT MOUND, MN DETAILS 2 -10 -0026 7 OF 7 SHEETS 3119%15 • • • Y�• Y � M I� p.' wl nn ° rwuR tr' el eL°d" a. pp P.1 rU RxyiPa lama b) M Iv rW WI.1W a ii Iw a= u u ll.l w al e[ivalm w M�wn emweea ue Rlw euw¢r m �telanW.ww �Ma Nn .:...• Y ® 1a wM 01ea IwWA r Nam Ns wNaa, a• n ta• 1. .qn. tw..ae. MrmW t• rw SECDON .' : >a a to io m: n. _ STORM SEWER JUNCTION MANHOLE pweR.Rr A-A RIPRAP AT RCP OUTLETS "•~ WOODLYN RIDGE e ra HARTMAN PROPERTY DEVELOPMENT MOUND, MN DETAILS 2 -10 -0026 7 OF 7 SHEETS 3119%15 • • • �o O 0 0 • I 33 i nl I E Cn M 1 C N tU moo' � M G. jw to 4 CD o = �M� 90 M WOODLYN RIDGE SITE PLAN n 00 ; & uhTit) easement q ° o ° o i � -10' trao � rl I I I ° ° 0 00 1 easement { a Side - 10' on one side 6' on other side III j 1 i o o I 1 1 Rai III 10 I Q 8 III I 3a OX HC 1 2a OX HC I : 7 000 X0 • 35 0% HC I 35 OX HC I I .OX HC I retw ling �r-� �..� iL.. I � .- it °00 f\ ------- -- - --J L__ -- -J L - - - - -J ` � oo ° o °O O O� 000a 00000 WOODLYN RIDGE COURT - 00000 0 °000a \ -_, �_� -° °o °o ---- \ 35.0% HC I 999 OX HC I 1 35 OX HC I I i I 30.0 HC �I t . .- 10�trar7 �..� easement Ing r j �L �I L - - - -- y ease' j 1:1h u tot .;t LEGEMD 000000 o 0000 0000 denotes wetland buffer denotes bu#ding setback the Front - 25' Side - 10' on one side 6' on other side Rear - 15' Fran HCSAH - 20' JA' aC HC denotes hardcover opowence NOTE Refer to Final Plot for Lot and easement dimensions. DRAINAGE AND UBUTY EASEMENTS ARE SHOWN THUS � -5 0 5--I BEING 10 FEET IN WIDTH, UNLESS OTHERMSE INDCATED, AND ADJOMNG RIGHT- OF-WAY LINES, AND BEING 5 FEET IN WON UNLESS 07HERWTSE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT. &ainQe . ut I 22 OX HC - - - - -° - I .. —.._.. 25 OX HC I — .. —.. —. I 'a I� 33 \ 33 CITY OF MOUND RESOLUTION NO. 09-96 • A RESOLUTION APPROVING 1 -YEAR EXTENSION FOR CITY APPROVALS FOR WOODLYN RIDGE RESIDENTIAL DEVELOPMENT AT 6301 LYNWOOD BOULEVARD WHEREAS, the City of Mound adopted the following resolutions on January 22, 2008 for the Woodlyn Ridge residential development for the property at 6301 Lynwood Boulevard: Resolution No. 08 -15 Major subdivision /preliminary plat Resolution No. 08 -16 Conditional use permit — planned development area (CUP -PDA) Resolution No. 08 -17 Water resource permit ; and WHEREAS, City Code Chapter 330.30, Subd. 9 includes provisions that govern the extension of the 1 -year provision for preliminary plats which includes submittal of an application a minimum of 45 days in advance of the expiration of the preliminary plat and formal review by the Planning Commission prior to consideration and action by the City Council; and WHEREAS, at its November 25, 2008 meeting, the City Council, extended the approvals for Woodlyn Ridge for one (1) year until January 22, 2010 following review and a recommendation for approval from Staff and the Planning Commission; and WHEREAS, the property owner, Brian Benson, on or around October 13, 2009, submitted a request for an additional 1 -year extension of the City approvals for the Woodlyn Ridge • development project; and WHEREAS, there are provisions in City Code Chapter 330, Subd. 9 which allow the City to recalculate park dedication or other related financial guarantees; and WHEREAS, there are no expirations for City approvals of CUP, PDA and water resource permit(s) in the Mound City Code; and WHEREAS, if approved, the 1 -year extension would run until January 22, 2011; and WHEREAS, as required by City Code Chapter 330, Subd. 9, the request was reviewed by the Planning Commission at its November 17, 2009 meeting who unanimously voted to recommend City Council approval of the 1 -year extension request as recommended by Staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The approvals granted by the City of Mound for the Woodlyn Ridge residential subdivision of the property at 6301 Lynwood Boulevard as contained in Resolution No. 08 -15, Resolution No. 08 -16 and 08 -17 including all conditions are officially extended until January 22, 2011. 2. Park dedication fees for the project shall be based on Pay 2008 Taxable Market Value from Hennepin County for land ($250,000.00) that was in effect at time of January 22, 2008 preliminary plat approval. Payment of utility fees shall be at the current approved • rates at the time of final plat. I P111e • Resolution No. 09 -96 3. Any future extension request shall follow the procedures as set forth in City Code Chapter 330.30, Subd. 9. 4. The extension request is hereby approved for the following described property: Lots 2, 3, and the East Half of Lot 4, Block 11, MOUND TERRACE, Hennepin County, Minnesota, according to the record plat thereof. Adopted by the City Council this 24 day of November 2009. Mayor Mark Hanus • • Attest: Bonnie Ritter, City Clerk I VI!YAI CITY OF MOUND • RESOLUTION 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND TO APPROVE THE DEVELOPMENT AGREEMENT WITH TIMOTHY D. HARTMAN F FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD WHEREAS, the City Council has approved the Preliminary Plat, Conditional Use Permit - Planned Development Area, Final Plat and other related permits for the Woodlyn Ridge residential subdivision located at 6301 Lynwood Boulevard; and WHEREAS, a condition of the City's approvals included preparation of a Development Agreement with the applicant, Timothy D. Hartman; and WHEREAS, the Development Agreement for the subject property has been included as Exhibit A and is recommended for approval by Staff. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota to hereby approve the Development Agreement for the Woodlyn Ridge subdivision subject to the following conditions: 1. The final form and content of the Development Agreement shall be in • substantially the form as Exhibit A and shall be subject to review and acceptance by the City Attorney. 2. The Mayor and City Manager are authorized to execute the Development Agreement in substantially the form as Exhibit A and all related documents which are included as Exhibits. The foregoing resolution was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted by the City Council this 25th day of May 2010 Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk and -993- • • Exhibit A -994- • Execution Copy DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into on the _ day of , 2010 by and between Timothy D. Hartman referred to as "Developer" and the City of Mound, a municipal corporation, situated in the County of Hennepin, State of Minnesota, hereinafter referred to as the "City." RECITALS • A. Developer is the fee owner and developer of parcels of land described as: Lots 2, 3 and the East %2 of Lot 4, Block 11 Mound Terrace, Hennepin County, Minnesota, and which property is proposed to be developed as a subdivision in the City bearing the name " Woodlyn Ridge" and may sometimes hereinafter be referred to as the "Subject Property." B. City has approved the preliminary plat (Resolution No. 08 -15), a CUP -PDA (Resolution No. 08 -16), a Water Resources Permit (Resolution No. 08 -17) and final plat (Resolution No. ) named Woodlyn Ridge, a single - family development on 4.17 acres that is subdivided into 11 single - family lots; contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein. C. City requires that certain public improvements, which are herein referred to as the "Public Improvements" including, but not limited to, storm drainage systems, storm sewer, watermain, sanitary sewer, grading, driveway aprons, street lighting, and streets, be installed to serve the Subject Property and other properties affected by the development of the Subject Property, all at the expense of the Developer. D. City further requires that the Developer perform other work and install certain on and off - site improvements within the Subject Property, which work and improvements typically consist of • boulevard landscaping, drainage swales, erosion control, street cleaning, and front yard trees, 367084v5 JBD MU220 -5 -995- wetland buffer and retaining wall, which improvements to the Subject Property shall be referred to • herein as "Developer Items ". The Developer Items and Public Improvements are collectively referred to as the "Improvements." AGREEMENT ARTICLE ONE CONSTRUCTION OF IMPROVEMENTS 1.01. Improvements Developer agrees to construct the Improvements required for development of the Property, as described in plans and specifications approved by of the Public Works Director (the "Approved Plans "). The Improvements shall be constructed in accordance with City specifications and the Approved Plans. A copy of the Approved Plans must be filed with the Public Works Director prior to commencement of construction of the Improvements. All labor and work will be done and performed in the best and most workmanlike manner and in strict conformance with the Approved Plans. Any deviation from the Approved Plans must be approved in writing by the Public Works Director. 1.02. Staking, Surveying and Ins ecp tions Developer must provide all staking and surveying for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for construction inspection. Developer must notify the Public Works Director at least 48 hours in advance, not including weekend days or holidays, for inspection • service or scheduling of tests to be performed. Costs incurred by the City for the inspection activities will be recovered through the escrow described in Section 3.05. 1.03. Unsatisfactory Labor or Material In the event that the Public Works Director rejects as defective or unsuitable any material, then such material must be removed and replaced with approved material at the sole cost and expense of the Developer. In the event that the Public Works Director rejects as defective or unsuitable any labor supplied by the Developer, then the labor must be completed again to the specifications and with the approval of the Public Works Director at the sole cost and expense of the Developer. 1.04. Records Upon request by the Public Works Director, Developer will provide requested copies of bids, change orders, suppliers, subcontractors, etc., relating to the work to be performed by the Developer. 1.05. Street Signs The Developer shall be financially responsible for the cost and installation of street identification signs for "Woodlyn Ridge." The number and location of signs to be installed will be at the direction of the City. 1.06. Maintenance of Public Improvements Developer shall be responsible for all maintenance, upkeep and repair (including snow plowing and grading) of the Public Improvements until such are completed and accepted by the City. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's • acts or omissions in performing the obligations imposed upon Developer by this paragraph. 3670845 JBD MU220 -5 2 -996- 1.07. Clean-up and Restoration • (A) The Developer shall clean streets (whether within or without Woodlyn Ridge of dirt and debris that has resulted from erosion, siltation or construction work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. If the Developer fails to complete any clean-up within 24 hours of oral notice from the City, the City Public Works Director, or designee, will complete or contract to complete the clean up at the Developer's expense to be paid in accordance with Section 3.05. (B) The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas (whether within or without Woodlyn Ridge) of erosion/siltation and restore to the original condition within fifteen days following the end of home construction. All silt fence and other erosion control should be removed following the establishment of turf. Completion of these items is secured through the Financial Guaranty described in Section 2.02. 1.08. Additional Work or Materials All work that Developer is required to perform pursuant to this Agreement shall be done at no expense to the City, including, without limitation, any reimbursement by the City for work paid for by the Developer. The Developer agrees that it will make no claim for compensation for work or materials so done or furnished. • 1.09. Final Inspection/Acceptance Upon completion of all work required by the Public Works Director, the Public Works Director and representatives of the Developer's contractor and/or engineer will promptly make a final inspection of the work. Before final payment is made to the contractor by the Developer, the Public Works Director shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Developer's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the development and Public Improvements shall take the form of a resolution duly passed by the city council of the City, on the advice of the Public Works Director. The city council will not unreasonably delay action on such resolution. 1.10. As -built Plans Upon completion of the work, the Developer shall provide the City with: (i) a full set of as -built plans in a digital PDF format; and, (ii) an as-built survey in a CADD format, for City records. 1.11. Maintenance Bond Upon completion and acceptance of the work, the Developer and/or its contractor shall be required to furnish the City a two -year maintenance bond guaranteeing said work to the City. 1.12. Time for Developer's Performance The Developer will commence work on the Developer Improvements as soon after execution of this Agreement as is feasible in light of weather • 367084v5 JBD MU220 -5 3 -997- conditions, and will have all work done and the Improvements completed to the satisfaction and • approval of the City on or before September 30, 2010, with the exception of the bituminous wear course which must be completed after nine homes have been constructed, or by September 30, 2012, whichever comes first. The City may at its discretion extend the date specified for completion upon receipt of written notice from the Developer of the existence of causes over which the Developer has no reasonable control that will delay the completion of the work. Whenever an extension of the date of completion is granted by the City, the Developer must continue the bond or financial guaranty required by this Agreement to cover the work during the extension of time. ARTICLE TWO FINANCIAL GUARANTY AND REQUIRED PAYMENTS 2.01. Park Dedication and Fees In fulfillment of park dedication requirements established by city ordinance, the Developer must pay to the City the amounts of $25,000 for park fees in lieu of dedication, $22,000 ($2,000 per unit) for Water Trunk Area Charges for area charges, $22,000 ($2,000 per unit) for Sewer Trunk Area Charges prior to release of the plat. Payment of water service connection fees of $240 per unit and sewer service connection fee of $240 per unit and payment of SAC fees will be made as part of the building permit application. 2.02. Financial Guaranty Prior to commencement of construction, the Developer will furnish the City an irrevocable letter of credit (the Security), approved by the City Attorney, in the amount of 125% of the estimated project costs for the Improvements, and the clean-up described in 1.07 (B), as set forth in Exhibit A. The initial term of the letter of credit shall be to October 31, 2012, provided that the City will approve a letter of credit containing a shorter initial term upon a showing that the requested initial term is not available. The Security must contain a provision that prohibits the issuer or surety from terminating the Security without first giving 30 days' written notice to the City of the proposed termination or expiration of the Security. Failure of the Developer to post a substitute Security within 5 days after notice by the City shall constitute a default that shall be grounds for drawing on the letter of credit. The City Council may grant a reduction in the Security upon written request by the Developer based upon the value of the completed work at the time of the requested reduction. The Security may not be reduced to less than 20% of the original amount until all work required of the Developer by this Agreement has been completed and accepted by the City. Upon failure of the Developer to perform, the City may declare the Agreement to be in default and the amount of the Security shall be paid over to the City. From the proceeds of the Security, the City shall be reimbursed for any attorneys' fees, engineering fees or other technical or professional assistance, including the work of the City staff and employees, and the remainder thereof shall be used by the City to complete the Improvements. The Developer shall be liable to the City to the extent that the Security is inadequate to reimburse the City its costs and pay for the completion of the work. ARTICLE THREE OTHER REQUIREMENTS 3.01. Indemnification Notwithstanding anything to the contrary in this Agreement, the City, its • officials, agents and employees shall not be personally liable or responsible in any manner to the 367084v5 JBD MU220 -5 4 -998- Developer, the Developer's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or • character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by the Developer. The Developer will save the City, its officials, agents and employees harmless from all such claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys' fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. 3.02. Insurance The Developer shall furnish proof of insurance acceptable to the City, covering any public liability or property damage by reason of the operation of the Developer's equipment, laborers, and hazard caused by the Improvements. The Developer must keep the insurance in force at all times that construction on the development is in progress. The insurance must name the City as an additional insured and must provide that the insurer will give the City not less than 30 days' written notice prior to cancellation or termination of the insurance policy. 3.03. Building Permits and Occupan cy . Unless the parties shall, by separate agreement determine otherwise, no building permits will be issued for construction of dwelling units in the subdivision until aggregate base course for streets is in place and recommended for acceptance by the Public Works Director. No occupancy of any newly constructed building in said plat shall occur until the base course of bituminous is in place. The Developer shall maintain reasonable access to any occupied house within said addition, including necessary street maintenance such as grading and graveling and snow removal prior to permanent street surfacing and acceptance of the streets by the City. 0 3.04. Underaround Utilities The Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city clerk. 3.05. Escrow A cash escrow has been submitted to the city in an amount of $5,000. This escrow is to be used by the city staff to charge costs of services or materials in connection with the review of the plat and the carrying out of inspection activities, clean-up activities under 1.07(A), and other activities required under this Agreement. If the escrow balance nears $1,500, the city shall notify the Developer that additional escrow cash must be placed in the escrow account so that the balance will not be reduced below $1,500 until acceptance of the Improvements. If all or a part of the Improvements have been completed, inspected, and accepted, all escrow monies for that portion accepted by the city may be reduced by the City Council and full or partial payment be returned to the Developer. Upon acceptance of all items covered in this Agreement, the City Council shall return the unused escrow balance to the Developer. 3.06. Construction Hours. Developer will comply with all requirements of the City pertaining to the hours and days during which construction activities may take place. 0 3670845 JBD MU220 -5 5 SSS2 3.07. Miscellaneous Obligations Within ten days of execution of this Agreement, the Developer • shall provide to the City documentation, acceptable to the city manager, evidencing compliance with any conditions imposed in the Final Plat Approval which are to be satisfied prior to recording of the Plat. ARTICLE FOUR DEFAULT AND REMEDIES 4.01. Default by Developer In the event of default by the Developer as to any of the work to be performed hereunder by the Developer, its successors or assigns, the City is granted the right to declare any sums provided by this Agreement due and payable in full, and the City may immediately bring legal action against the Developer to collect the sums covered by this Agreement and/or draw upon the financial guaranty posted in conformance with paragraph 2.02 of this Agreement. In the event the City draws from the financial guaranty sums that exceed the costs or damage to the City, the City will return such excess amounts. 4.02. Com lep to Improvements-Right of EntrX In addition to the City's other remedies under this Agreement, if the Developer's breach involves failure to complete the Improvements, the City is hereby authorized, at its option, to enter on to all portions of the Subject Property it deems necessary to complete the installation of any or all of the Improvements to which the default relates. 4.03. Denial of Permits Breach of any term of this Agreement by the Developer or failure to • comply with City ordinances shall be grounds for denial of building or occupancy permits for buildings within the subdivision until such breach is corrected by the Developer. 4.04. Rights Cumulative No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. 4.05. Attorney Fees The Developer will pay the City's costs and expenses, including attorneys' fees, in the event a suit or action is brought to enforce the terms of this Agreement. ARTICLE FIVE MISCELLANEOUS PROVISIONS 5.01. Amendment Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assignment The Developer may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld. 5.03. Agreement to Run with Land The Developer agrees to record this Agreement among the land records of Hennepin County, Minnesota immediately prior to recording the plat of "Woodlyn Ridge ", the provisions of this Agreement shall run with the land and be binding upon the Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the Subject 367084v5 JBD MU220 -5 6 -1000- Property or any part thereof shall relieve the Developer of its personal liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. • 5.04. Release Upon completion and approval of all work required herein, including completion and acceptance of the Improvements, and satisfaction of all of the Developer's obligations under this Agreement, the City agrees to execute an instrument releasing all lots from the terms of this Agreement. 5.05. Severability The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 5.06. Notices All notices, certificates or other communications required to be given to City, Developer or Developer hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: To City: City of Mound 5341 Maywood Road Mound, MN 55364 Attention: Kandis Hanson To Developer: Timothy D. Hartman 9622 Gander Lane Minnetrista, MN 55375 The City and Developer, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.07. No Third Party Beneficiary This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.08. Wetland Buffer Declaration Immediately upon filing the Plat, the Developer will file a Wetland Buffer Declaration in substantially the form of the attached Exhibit C. 5.09. Trail Easements. Immediately upon the filing of the plat, the Developer will file a Trail Easements in substantially the form of the attached Exhibit D. 5.10. Consent The Developer represents and warrants that there are no other persons or entities with Developership interests in the Property except such lenders who hold mortgages on the Property and have consented to this Agreement by executing the Consent attached as Exhibit B. • 5.11. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. • 3670845 JBD MU220 -5 7 -1001- • IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUND: Mark Hanus Its: Mayor By: Kandis M. Hanson Its: City Manager ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA ) )ss. is COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ' 2010, by Mark Hanus and Kandis M. Hanson, the mayor and city manager, respectively, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 367084v5 JBD MU220 8 -1002- • Timothy D. Hartman ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Timothy D. Hartman. Notary Public • THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered QBD) 470 U.S. Bank Plaza. 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 • 367084v5 JBD MU220 -5 9 -1003- L ' EXHIBIT A (ESTIMATED COSTS) Item description Amount x 125% • • SECURITY FOR IMPROVEMENTS 367084v5 JBD MU220 -5 A -1 -1004- EXHIBIT B • BANK CONSENTS ( "Bank ") holds a mortgage encumbering the Property. The Property is subject to the foregoing Development Agreement and, accordingly, Bank hereby consents to the Development Agreement; provided, that in doing so, Bank shall not be liable to the City or any other person for the performance or non - performance of the Agreement by the Developer; provided further, that in the event that Bank acquires fee title to the Property by foreclosure or sale in lieu of foreclosure, Bank shall not be required to perform any of the obligations required of the Developer in said Agreement during the Bank's term of ownership so long as Bank is actively marketing the Property for sale and maintaining the Property in compliance with applicable ordinances. Dated: , 20 I' , Its: • STATE OF MINNESOTA COUNTY OF ACKNOWLEDGEMENT FOR BANK )ss. The foregoing instrument was acknowledged before me this day of , 2010, by , the of a under the laws of , on behalf of the Notary Public • 367084v5 JBD MU220 -5 -1005- • EXHIBIT C WETLAND BUFFER DECLARATION THIS DECLARATION ( "Declaration ") is made this day of , 20 by Timothy D. Hartman ( "Declarant "). RECITALS WHEREAS, Declarant is the owner of real property within the City of Mound, Hennepin County, Minnesota, platted and legally described as: Lots 6 and 7, Block 1, WOODLYN RIDGE, Hennepin County, Minnesota, according to the record plat thereof. (the "Property") and no one other than Declarant, has any right, title or interest in the Property and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the City of Mound for the mutual benefit of the owners of the Property. NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this • Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used , occupied, and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Wetland Buffer. The wetland buffer, measuring various widths, at all points surrounding the wetlands as delineated on the site plan for the Property attached hereto and incorporated herein as Attachment A, shall be maintained by Declarant in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 2. The recitals set forth above are expressly incorporated herein. • 367084v5 JBD MU220 -5 C -1 -1006- IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year • first set forth. STATE OF MINNESOTA ) ) ss. COUNTY OF ) DECLARANT: Timothy D. Hartman The foregoing instrument was acknowledged before me this day of , 20_, by Notary Public This Instrument Was Drafted By: • Otto Associates Engineers & Land Surveyors, Inc. 9 West Division Street Buffalo, Minnesota, 55313 • 367084v5 JBD MU220 -5 C -2 -1007- EXHIBIT D • TRAIL EASEMENT AGREEMENT THIS TRAIL EASEMENT AGREEMENT ( "Easement ") is dated as of the day of , 2010, by Timothy D. Hartman, an individual ( "Grantor ") and the City of Mound, Minnesota, a ( "Grantee "). WHEREAS, Grantor is the owner of certain real property (the "Property ") in Hennepin County, State of Minnesota, legally described as: LOT 11, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Grantee desires to obtain a permanent easement for a public pedestrian and non - motorized vehicle use over and across a portion of the Property (the "Trail Easement Area "), legally described as: NORTH 10.00 FEET OF LOT 11, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: • 1. Grant of Easement Grantor hereby grants to Grantee a permanent easement over and across the Trail Easement Area for the purposes of public pedestrian non - motorized vehicle traffic and the construction, maintenance, repair and replacement of the pavement in the Trail Easement Area. It is understood that the grant of the Trail Easement does not obligate the Grantee to construct the Trail. 2. Maintenance Once constructed, Grantee shall maintain, repair and replace the pavement within the Trail Easement Area and shall keep the same in a safe and clean condition and in a good state of repair. 3. ' Liability. Grantee agrees to indemnify, defend and hold Grantor and his successors and assigns harmless from and against any injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from or arising out of the trail easement and Grantee's and other's use, maintenance, repair and replacement of the Trail Easement Area, except for claims which are the direct result of actions of Grantor, or Grantor's heirs, representatives, successors and assigns. 4. Binding Effect This instrument shall run with the Property and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. • 5. Amendments Any modification or other termination of this Easement shall become 367084v5 JBD MU220 -5 D -1 -1008- effective only upon the execution by Grantor and Grantee of a written instrument. 6. Entire A reement This Easement constitutes the entire agreement � gr ement between Grantor and Grantee relating to the Trail Easement Area. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. • r� 3670845 JBD MU220 -5 D -2 -1009- • STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) GRANTOR: Timothy D. Hartman The foregoing instrument was acknowledged before me this day of , 2010, by Timothy D. Hartman, and individual Notary Public Hennepin County, Minnesota My commission expires: Acting in Hennepin County, Minnesota • • 367084v5 JBD MU220 -5 �, -1010- GRANTEE: • City of Mound, Minnesota By: Mark Hanus Its: Mayor By: Kandis Hanson Its: City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Mark Hanus, the Mayor and Kandis Hanson, the City Manager of the City of Mound, Minnesota, on behalf of said City. • Notary Public County, Minnesota My commission expires: Acting in Hennepin County, Minnesota Drafted by: Martina Sailer Robins, Kaplan, Miller & Ciresi L.L.P 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55402 When recorded return to: Timothy D. Hartman 9622 Gander Lane Minnetrista, MN 55375 • 367084v5 JBD MU220 -5 D -4 -1011- • TRAIL EASEMENT AGREEMENT THIS TRAIL EASEMENT AGREEMENT ( "Easement ") is dated as of the day of , 2010, by Timothy D. Hartman, an individual ( "Grantor ") and the City of Mound, Minnesota, a ( "Grantee "). WHEREAS, Grantor is the owner of certain real property (the "Property ") in Hennepin County, State of Minnesota, legally described as: LOT 1, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Grantee desires to obtain a permanent easement for a public pedestrian and non - motorized vehicle use over and across a portion of the Property (the "Trail Easement Area "), legally described as: NORTH 10.00 FEET OF LOT 1, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. NOW, THEREFORE, for and in consideration of the covenants contained herein, the • parties agree as follows: 1. Grant of Easement Grantor hereby grants to Grantee a permanent easement over and across the Trail Easement Area for the purposes of public pedestrian non - motorized vehicle traffic and the construction, maintenance, repair and replacement of the pavement in the Trail Easement Area. It is understood that the grant of the Trail Easement does not obligate the Grantee to construct the Trail. 2. Maintenance Once constructed, Grantee shall maintain, repair and replace the pavement within the Trail Easement Area and shall keep the same in a safe and clean condition and in a good state of repair. 3. Liability. Grantee agrees to indemnify, defend and hold Grantor and his successors and assigns harmless from and against any injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from or arising out of the trail easement and Grantee's and other's use, maintenance, repair and replacement of the Trail Easement Area, except for claims which are the direct result of actions of Grantor, or Grantor's heirs, representatives, successors and assigns. 4. Binding Effect This instrument shall run with the Property and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. • 3670845 JBD MU220 -5 D -5 -1012- 5. Amendments Any modification or other termination of this Easement shall become effective only upon the execution by Grantor and Grantee of a written instrument. • 6. Entire Amement This Easement constitutes the entire agreement between Grantor and Grantee relating to the Trail Easement Area. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. • • 367084v5 JBD MU220 -5 D -6 -1013- • GRANTOR: Timothy D. Hartman STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Timothy D. Hartman, and individual Notary Public Hennepin County, Minnesota My commission expires: Acting in Hennepin County, Minnesota • • 367084v5 JBD MU220 -5 D -7 -1014- GRANTEE: • City of Mound, Minnesota By: Mark Hanus Its: Mayor By: Kandis Hanson Its: City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Mark Hanus, the Mayor and Kandis Hanson, the City Manager of the City of Mound, Minnesota, on behalf of said City. • Notary Public County, Minnesota My commission expires: Acting in Hennepin County, Minnesota Drafted by: Martina Sailer Robins, Kaplan, Miller & Ciresi L.L.P 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55402 When recorded return to: Timothy D. Hartman 9622 Gander Lane Minnetrista, MN 55375 is 367084v5 JBD MU220 -5 Wo -1015- • CITY OF MOUND RESOLUTION 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND TO APPROVE EARLY START AGREEMENT FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD WHEREAS, the City Council has approved the Preliminary Plat, Conditional Use Permit - Planned Development Area, Final Plat and other related permits for the Woodlyn Ridge residential subdivision located at 6301 Lynwood Boulevard; and WHEREAS, a condition of the City's approvals included provisions to provide for early construction start for up to two (2) homes upon approval of an agreement by the City Council; and WHEREAS, the applicant, Timothy D. Hartman is requesting early construction start to accommodate construction of a new home on Lot 2, Block 1, Woodlyn Ridge, so as to have the model ready for the "Fall Parade of Homes ". WHEREAS, the Early Start Agreement for the subject property has been included as • Exhibit A and is recommended for approval by Staff. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota to hereby approve the Early Start Agreement for the Woodlyn Ridge subdivision subject to the following conditions: 1. Final form and content of the Early Start Agreement which shall be in substantially the form as Exhibit A shall be subject to review and acceptance by the City Attorney and Staff. 2. The Mayor and City Manager to execute the Early Start Agreement and any and /or all related documents on behalf of the City of Mound. 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: • -1016- Adopted by the City Council this 25th day of May 2010 Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • • C7 -1017- • • • Exhibit A -1018- EARLY START AGREEMENT Execution Copy • THIS AGREEMENT made this day of , 2010 by and between Timothy D. Hartman (hereinafter "Developer "), and the City of Mound, a Minnesota municipal corporation (hereinafter "City "). WITNESSETH: WHEREAS, Developer is the owner of the lands lying within the boundaries of the City of Mound legally described as Lots 2, 3 and the East '/2 of Lot 4, Block 11 Mound Terrace, Hennepin County, Minnesota together with land in vacated streets accruing thereto (the "Property "); and WHEREAS, the City has previously given final approval to the replat of the Property as "Woodlyn Ridge "; and WHEREAS, because of conditions imposed in final approval of the plat, it is not likely that the plat will be available for recording for up to 60 days; and WHEREAS, Developer has asked the City for permission to allow it to begin • construction of one single family residential structure prior to the filing of the plat in order that the home may be available for the "Parade of Homes "; and WHEREAS, Developer is further requesting that it be allowed to begin installation of utilities, curb and gutter, and the roadway surface all necessary to serve such home; and WHEREAS, Mound is willing to grant Developer the right to do so upon receiving certain assurances and undertaking from Developer; and WHEREAS, Developer is willing to make certain assurances and undertakings as consideration for the City's consent to commence construction. NOW, THEREFORE, on the basis of the mutual covenants and agreements hereinafter provided, it is hereby agreed by and between the parties hereto as follows: 1. Early Start. Subject to the conditions imposed in this agreement, the City hereby grants to Developer the permission: (i) to commence construction of the single family residential home located in the area of the Property which is known as Lot 2, Block 1, "Woodlyn Ridge "; and (ii) to begin installation utilities, curb and gutter and roadway surface necessary to serve such home. 2. Conditions. The permission granted in paragraph 1 is subject to the following: • a. Developer will locate the dimensions of the lot on which the building will 3681340 JBD MU220 -5 -1019- be constructed so as to reasonably assure the Building official that the structures are placed on • the lots as approved by the City. b. Developer shall apply for and obtain the necessary building permits and other governmental permits and approvals. C. All utility, curb and gutter and roadway work will be based on plans and specifications to be approved by the Public Works Director. of the plat. d. The City will not grant any Certificate of Occupancy prior to the recording e. To the extent applicable, the provisions of the Development Agreement between the parties dated May , 2010 will apply to this Agreement, including, without limitation, sections 2.02, 3.01, 3.02 and 3.05 thereof. 3. Developer Acknowled mg. ents. Developer acknowledges that it is proceeding at its own risk in starting construction of the building and installation of the utilities in advance of recording of the plat, and understands that this agreement imposes no obligation on the City to take any action or do any thing that would compromise the City's ability to exercise its legislative discretion. Developer further acknowledges that the single family home may not be occupied, or be available for public showing prior to the issuance of a Certificate of Occupancy; and further acknowledges that the City has the authority to take all actions as it • determine necessary and appropriate in enforcing the provisions of its ordinances, including zoning regulations. 4. Indemnity. As further consideration for the permission granted the City hereunder, Developer indemnifies and holds harmless the City, its officers, agents and employees from any claim or cause of action occasioned by or arising out of such early start permission. 5. Successors and Assi ngns. The provisions in this Agreement are binding on and inure to the benefit of the parties hereto and to their respective successors and assigns. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. 1�1 3681340 JBD MU220 -5 -1020- THE CITY OF MOUND, MINNESOTA 0 By: Its City Manager By: Its Mayor DEVELOPER Timothy D. Hartman ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of • 2010, by and , respectively, the City Manager and Mayor of the City of Mound, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2010, by Timothy D. Hartman. Notary Public 3681340 JBD MU220 -5 Its -1021- • This Instrument Was Drafted By: KENNEDY & GRAVEN, CHARTERED (JBD) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 612- 337 -9300 • • 368134A JBD W220 -5 -1022- EXHIBIT A tion of Property • Descri P C 368134v3 JBD MU220 -5 -1023- Early Start Agreement is I, as Developer and owner of the property "Woodlyn Ridge" am requesting an Early Start Agreement to commence development and construction of the property. The purpose of this request is to complete construction of a model home in time for the Fall Parade of Homes 2010. Therefore, I request an Early Start Agreement beginning on May 1, 2010. Within the Early Start Agreement, I request the permission to begin earthwork upon the property as soon as possible. This work includes clearing, grading, and construction of a road on the property. Upon its completion, excavation for the foundation of a model home would be necessary, as well as construction of the home itself. Therefore, I as Developer of the property request two (2) building permits for the model home and possible spec home upon the property. The model home will be completed in time for the Fall Parade of Homes, beginning early September of 2010. The spec home will be a completed for immediate purchase. Sincerely, Timothy Hartman • • -1024- • CITY OF MOUND RESOLUTION NO. 10- RESOLUTION TO APPROVE A WETLAND BUFFER DECLARATION FOR THE WOODLYN RIDGE RESIDENTIAL DEVELOPMENT PROJECT AT 6301 LYNWOOD BOULEVARD WHEREAS, the applicant, Timothy D. Hartman, on March 24, 2010, submitted a letter of request to the City of Mound for a Wetland Conservation Act (WCA) No Impact or Loss Determination for the Woodlyn Ridge residential development project located at 6301 Lynwood Boulevard; and WHEREAS, Mark Perry of Bolton and Menk, Inc, has been assigned the responsibility for review of wetland applications to determine if an application is consistent with the intent and provisions of the act on behalf of the City of Mound who serves as the Local Governmental Unit (LGU) under WCA; and WHEREAS, the Wetlands Delineation Report for the subject site was prepared by Kjolhaug Environmental for the project and a copy was provided to the City of Mound in September 2007; and WHEREAS, a Notice of Wetland Conservation Act Decision for Boundary • Determination was approved and made on October 3, 2007; and WHEREAS, an Amended Wetland Conservation Act Notice of Decision for No Loss was approved by Mark Perry on April 19, 2010 on behalf of the City of Mound for the Woodlyn Ridge development project; and WHEREAS, approval of a determination of a WCA No Impact or Loss Decision Notice is required under WCA and the preparation of a Wetland Buffer Declaration was a condition of the Preliminary Plat and Conditional Use Permit - Planned Development Area project approvals contained in Resolutions No. 08 -15 and 08 -16 and 08 -17, respectively, which were adopted on January 22, 2008; and WHEREAS, as required by the City Code and in accordance with the project's preliminary plat and related approvals, the preparation and execution of a wetland buffer declaration agreement was required; and WHEREAS, the Wetland Buffer Declaration for the subject property has been included as Exhibit A and is recommended for approval by Staff. • -1025- • NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby approve the Wetland Buffer Declaration for the Woodlyn Ridge subdivision subject to the following conditions: A. Final form and content of the Wetland Buffer Declaration which shall be in substantially the form as Exhibit A shall be subject to review and acceptance by the City Attorney and City Engineer or designee. B. The applicant shall be responsible for recording of any and /or all documents associated with the Wetland Buffer Declaration at Hennepin County and shall provide evidence of such recording to the City of Mound. The foregoing resolution was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: • Adopted by the City Council this 25 day f M 2010 Y Y Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • and -1026- Exhibit A • • • -1027- • DECLARATION THIS DECLARATION ( "Declaration ") is made this day of , 20 by Timothy D. Hartman ( "Declarant ") RECITALS WHEREAS, Declarant is the owner of real property within the City of Mound, Hennepin County, Minnesota, platted and legally described as: Lots 6 and 7, Block 1, WOODLYN RIDGE, Hennepin County, Minnesota, • according to the record plat thereof. (the "Property ") and no one other than Declarant, has any right, title or interest in the Property; and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the City of Mound for the mutual benefit of the owners of the Property. NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Wetland Buffer. The wetland buffer, measuring various widths, at all points surrounding the wetlands as delineated on the site plan for the Property attached hereto and incorporated herein as Attachment A, shall be • maintained by Declarant in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement -1028- of structures or any other alteration that impedes the function of the buffer in • protecting the quality of water in the wetland or buffering flows into the wetland. 2. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: Timothy D. Hartman STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of • 20--- by Notary Public This Instrument Was Drafted By: Otto Associates Engineers & Land Surveyors, Inc. 9 West Division Street Buffalo, Minnesota, 55313 2 -1029- • • • ATTACHMENT "A" 6 4 WETLAND BUFFER P ' � *do& wattand 7 Lil RETAINING WALL c' 11�0 0 c) 0 0 0 6 0 0, Q C 0 0 0 c- 0 0 ••� 0 . 1 6 1 0 , ) 0 000 Q, Jb 000 0J Ex. House l 'F TIV e- Vx. House -1030- Minnesota Wetland Conservation Act Notice of Decision� Local Government Unit (LGU) Address Wfu City Of Mound 5341 Maywood Road Mound, MN 55364 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Timothy Douglas Hartman Woodlyn Ridge Application Number 4/15/2010 01 -10 ❑ Attach site locator map. Type of Decision: ❑ Wetland Boundary or Type ® No -Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan 0 l'echnical Evaluation Yanel ❑ Approved and Kecommenaation (it ❑ Approved with conditions ❑ Deny Summary (or attach): • 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 04/19/2010 ❑ Approved ® Approved with conditions (include below) ❑ Denied L Findings and Conclusions (attach additional sheets as necessary): This is an amended decision (amended to include condition of signage placement) A wetlands delineation report was prepared by Kjolhaug Environmental Services and a copy was submitted to the City of Mound for review in September, 2007. A Notice of Wetland Conservation Act Decision; Boundary Determination - Approved; was made on October 3, 2007. The Woodlyn Ridge Development Plan is approved with the following condition: The areas identified and recorded as wetland buffer on the Grading Plan needs to be properly identified with approved signage. Examples of approved signage can be obtained from The City office. • BWSR Forms 11 -25 -09 Pagel of 3 -1031- For Replacement Plans using credits from the State Wetland Bank: • Bank Account # .. "'. ; ank Service Area County Credits Approved for Withdrawal Name Title Mark L. Perry (sq. ft. or nearest .01 acre) Signature Date 4/19/2010 Phone Number and E -mail 952 - 448 -8838 Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project - specific replacement that is not in- advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project - specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confinnation that BWSR has withdrawn the, credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! C • LGU Authorized Sicnature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Title Mark L. Perry Natural Resources Specialist Signature Date 4/19/2010 Phone Number and E -mail 952 - 448 -8838 mark a bolton- menk.com THIS DECISION ONLY APPLIES TO THE MINNESOTA WET CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing ofthis Notice to the following as indicated: Check one: ❑ Appeal of an LGU staff decision. Send petition ❑ Appeal of LGU governing body decision. Send and $ fee (if applicable) to: petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. P MN 55155 BWSR Forms 11 -25 -09 -1032- Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Ms. Stacy Lijewski, Hennepin Conservation District, 417 North 5th Street Suite 200, Minneapolis, MN 55401 -1397 ® BWSR TEP member: Lynda Peterson, 520 Lafayette Road North, Saint Paul, MN 55155 ® LGU TEP member (if different than LGU Contact): Ms. Sarah Smith, City of Mound, 5341 Maywood Road, Mound, MN 55364 ® DNR TEP member: Melissa Doperalski, DNR, Region 6, 2100 Warner Road, St. Paul, MN, 55106 ❑ DNR Regional Office (if different than DNR TEP member) ❑ WD or WMO (if applicable): ® Applicant and Landowner (if different)Timothy Hartman, 9622 Gander Ln, Minnetrista, MN 55375 ❑ Members of the public who requested notice: ® Corps of Engineers Project Manager Mr. Joe Yanta, U.S. Army Corps of Engineers, Reg. Branch, 190 Fifth Street East, St: Paul, MN 55101 ❑ BWSR Wetland Bank Coordinator (wetland bank plan decisions only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives, see: www.bwsr. state .mn.us /aboutbwsr /workareas/WCA areas.pdf ➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us /wetlands /wca/DNR TEP contacts.pdf ➢ De artment of Natural Resources Regional Offices: NW Region NE Region Central Region Southern Region Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchmont Beach Rd. NE 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South Bemid MN 56601 Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 For a map of DNR Administrative Regions, see: http: / /files.dnr.state.mn.us /aboutdnr /dnr reg ➢For a list of Corps of Project Managers, see: www.mvp.usace.army.mil /re ug latory /default.asp ?paizeid =687 or send to: Dept. of the Army, Corps of Engineers, St. Paul District ATTN: CO -R, 190 Fifth Street East St. Paul, MN 55101 -1638 For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: • • • BWSR Forms 11 -25 -09 -1033- Page 3 of 3 • CITY OF MOUND RESOLUTION 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND TO APPROVE TRAIL EASEMENT AGREEMENTS FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD WHEREAS, the City Council has approved the Preliminary Plat, Conditional Use Permit - Planned Development Area, Final Plat and other related permits for the Woodlyn Ridge residential subdivision located at 6301 Lynwood Boulevard; and WHEREAS, a condition of the City's approval included dedication of trail easements to be located in the drainage and utility easements on Lot 11 and Lot 1, Block 1, Woodlyn Ridge; and WHEREAS, the Trail Easement Agreements for the subject property have been included as Exhibit A and Exhibit B and are recommended for approval by Staff. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, • Minnesota to hereby approve the Trail Easement Agreements for the Woodlyn Ridge subdivision subject to the following conditions: 1. Final form and content of the Trail Easements which shall be in substantially the form as Exhibit A and Exhibit B shall be subject to review and acceptance by the City Attorney and Hennepin County. 2. The Mayor and City Manager to execute the Trail Easement Agreements and any and /or all related documents on behalf of the City of Mound. 3. The applicant shall be responsible for recording of any and /or all documents associated with the Trail Easement Agreements at Hennepin County and shall provide evidence of such recording to the City of Mound. 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: -1034- Adopted by the City Council this 25th day of May 2010 Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • • -1035- • Exhibit A • • -1036- • TRAIL EASEMENT AGREEMENT THIS TRAIL EASEMENT AGREEMENT ( "Easement ") is dated as of the day of , 2010, by Timothy D. Hartman, an individual ( "Grantor ") and the City of Mound, Minnesota, a ( "Grantee "). WHEREAS, Grantor is the owner of certain real property (the "Property ") in Hennepin County, State of Minnesota, legally described as: LOT 11, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Grantee desires to obtain a permanent easement for a public pedestrian and non - motorized vehicle use over and across a portion of the Property (the "Trail Easement Area "), legally described as: NORTH 10.00 FEET OF LOT 11, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a permanent easement over and across the Trail Easement Area for the purposes of public pedestrian non - motorized vehicle traffic and the construction, maintenance, repair and replacement of the pavement in the Trail Easement Area. It is understood that the grant of the Trail Easement does not obligate the Grantee to construct the Trail. 2. Maintenance. Once constructed, Grantee shall maintain, repair and replace the pavement within the Trail Easement Area and shall keep the same in a safe and clean condition and in a good state of repair. 3. Liability, Grantee agrees to indemnify, defend and hold Grantor and his successors and assigns harmless from and against any injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from or arising out of the trail easement and Grantee's and other's use, maintenance, repair and replacement of the Trail Easement Area, except for claims which are the direct result of actions of Grantor, or Grantor's heirs, representatives, successors and assigns. • 81466661.2 1 stilki►e • 4. Binding Effect This instrument shall run with the Property and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. 5. Amendments. Any modification or other termination of this Easement shall become effective only upon the execution by Grantor and Grantee of a written instrument. 6. Entire Agreement This Easement constitutes the entire agreement between Grantor and Grantee relating to the Trail Easement Area. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. C7 C7 81466661.2 2 -1038- GRANTOR: • Timothy D. Hartman STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Timothy D. Hartman, and individual Notary Public Hennepin County, Minnesota My commission expires: Acting in Hennepin County, Minnesota is • 81466661.2 3 -1039- City of Mound, Minnesota By: Mark Hanus Its: Mayor By: Kandis Hanson Its: City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Mark Hanus, the Mayor and Kandis Hanson, the City Manager of the City of Mound, Minnesota, on behalf of said City. Notary Public County, Minnesota My commission expires: Acting in Hennepin County, Minnesota Drafted by: Martina Sailer Robins, Kaplan, Miller & Ciresi L.L.P. 800 LaSalle Avenue, Suite 2800 • Minneapolis, MN 55402 When recorded return to: Timothy D. Hartman 9622 Gander Lane Minnetrista, MN 55375 81466661.2 4 -1040- rail L� � ✓ V s VIV I I IVLl� TIro 9WptOMSbn Sbeet Buffalo, MN b59f9 ale: Checked .By: (reala 2.4727 Job No. ac 1" = 30' P.E.O. ssoaarss F (7sa)eaz lu2 y_10 f5ngkeoers 8 Lew surwyas, da. I� J I / jj 33 .5822751'E 11.75 r 40 r �^ � AA I i t �nIVI L E F l 1 nn/r L-/ VL i I �C J C� Cj �> I _ Y J I r I J CJ �) I > I �. I � � I I I B3 40 . I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that 1 am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto Date: License # 40062 isement Exhibit SOOV4 3n 10.09 i 10 1269 r - -. z • N62275l'W I �3 I PROPOSED I nm& EA3DNENT B 1401.46 SF I 3 I N N � WOODLYN In NO2 49'44'W RIDGE COURT S0249'44'r la m� hm i I 2 10 h PROPOSED 7RAQ EASEMENT A 1301.79 SF l Z 10 10 X W 3 a 7n �m 1a22 NOOt71'40`E • � 1 TRAIL EASEMENT A: 33 A 10.00 foot easement for tro& Lot 1, Block 1, Wt10DLYN R! PWPOM Oyer and acs the North 10.00 feet of DCl; Hgnnepin CountX Minnesoto, according to the record Plat thereof described as failowa. i TRAIL EASEIWMVT 9. A 1000 foot easement for tra/ p W`` pp gses o�.vr and across the North 10.00 Lot 11, Mock 1, MMUN R/OG✓r Hengspin Counfjf Minnesota. according to encore! plat thereof described as f4fiows. 0 denotes iron monument found requested By: p denotes iron pipe set, � Hartman Prop and marked ds shown. 11 denotes soil boring la denotes percolation test hole 1 3/17/10 M.L.H. -1041- 0 • Exhibit B -1042- • TRAIL EASEMENT AGREEMENT THIS TRAIL EASEMENT AGREEMENT ( "Easement ") is dated as of the day of , 2010, by Timothy D. Hartman, an individual ( "Grantor ") and the City of Mound, Minnesota, a ( "Grantee "). WHEREAS, Grantor is the owner of certain real property (the "Property ") in Hennepin County, State of Minnesota, legally described as: LOT 1, BLOCK 1, WOODLYN RIDGE, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Grantee desires to obtain a permanent easement for a public pedestrian and non - motorized vehicle use over and across a portion of the Property (the "Trail Easement Area "), legally described as: NORTH 10.00 FEET OF LOT 1, BLOCK 1, WOODLYN RIDGE, HENNEPIN • COUNTY, MINNESOTA. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a permanent easement over and across the Trail Easement Area for the purposes of public pedestrian non - motorized vehicle traffic and the construction, maintenance, repair and replacement of the pavement in the Trail Easement Area. It is understood that the grant of the Trail Easement does not obligate the Grantee to construct the Trail. 2. Maintenance. Once constructed, Grantee shall maintain, repair and replace the pavement within the Trail Easement Area and shall keep the same in a safe and clean condition and in a good state of repair. 3. Liability, Grantee agrees to indemnify, defend and hold Grantor and his successors and assigns harmless from and against any injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from or arising out of the trail easement and Grantee's and other's use, maintenance, repair and replacement of the Trail Easement Area, except for claims which are the direct result of actions of Grantor, or Grantor's heirs, representatives, successors and assigns. 0 81466661.2 1 -1043- • 4. Binding Effect This instrument shall run with the Property and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. 5. Amendments. Any modification or other termination of this Easement shall become effective only upon the execution by Grantor and Grantee of a written instrument. 6. Entire Agreement This Easement constitutes the entire agreement between Grantor and Grantee relating to the Trail Easement Area. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. • • 81466661.2 2 -1044- Timothy D. Hartman STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Timothy D. Hartman, and individual Notary Public Hennepin County, Minnesota My commission expires: Acting in Hennepin County, Minnesota 81466661.2 3 -1045- • LJ • GRANTEE: City of Mound, Minnesota By: Mark Hanus Its: Mayor By: Kandis Hanson Its: City Manager • STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Mark Hanus, the Mayor and Kandis Hanson, the City Manager of the City of Mound, Minnesota, on behalf of said City. Notary Public County, Minnesota My commission expires: Acting in Hennepin County, Minnesota Drafted by: Martina Sailer Robins, Kaplan, Miller & Ciresi L.L.P. 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55402 is When recorded return to: Timothy D. Hartman 9622 Gander Lane Minnetrista, MN 55375 81466661.2 4 -1046- • CITY OF MOUND RESOLUTION NO. 10- Amending Resolutions No. 08 -15, 08 -16, 08 -17 and 08 -114 for Woodlyn Ridge Residential Project Located at 6301 Lynwood Boulevard to Correct Typographical Errors in Legal Descriptions WHEREAS, the City of Mound adopted the following resolutions for the Woodlyn Ridge residential development for the property at 6301 Lynwood Boulevard: Resolution No. 08 -15 Major subdivision /preliminary plat Resolution No. 08 -16 Conditional use permit — planned development area (CUP -PDA) Resolution No. 08 -17 Water resource permit Resolution No. 08 -114 1 -year extension of City approvals ; and WHEREAS, the exhibits contained in the resolutions included typographical errors in the legal descriptions; and WHEREAS, the City Attorney has advised that a new resolution be adopted to amend the previously adopted resolutions to correct the legal descriptions related to the City's approval of the Woodlyn Ridge residential project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound hereby adopts Resolution No. 10- to amend Resolutions No. 08 -15, 0816, 08 -17 and 08 -114 to correct the errors in the legal descriptions. 1. This resolution is hereby approved for the following described property: Lots 2, 3 and the East Y2 of Lot 4, Block 11, Mound Terrace, Hennepin County, Minnesota Adopted by the City Council this 25 day of May 2010. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • -1047- CITY OF MOUND RESOLUTION ,NO.08 -15 A RESOLUTION APPROVING A MAJOR SUBDIVISION- PRELIMINARY PLAT FOR THE PROPOSED WOODLYN RIDGE RESIDENTIAL DEVELOPMENT AT 6301' L BOULEVARD __ �._.._.._...._._......___ ,....._._._._..._._._.__.____.....___..... ___..... ....... ...__._...._._.- ._......_. WHEREAS, the applicant submitted a Preliminary Plat pp ry Application forthe proposed Woodlyn Ridge residential development on November 29, 2007; and WHEREAS, the applicant previously submitted a sketch plan for this proposed residential development, as permitted by the City's Subdivision Ordinance, which was informally reviewed by • Staff, the Planning Commission at its October.8, 2007 meeting, and the City Council at its October 23, 2007 meeting; and WHEREAS, the subject site is located on the south side of Lynwood Boulevard in the area between Westedge Boulevard and Robin Lane, near the western edge of Mound; and WHEREAS, the applicant is proposing to subdivide the 4.77 -acre property into 11 residential lots for single- family detached homes; and WHEREAS, the applicant is proposing to create one new public street, Woodlyn Ridge Court, as part of the subdivision, which would have a 50 -foot right -of -way and access Lynwood. Boulevard (CSAH 15) on the north side of the subject property; and WHEREAS, the City's Comprehensive Plan guides this land for Low Density Residential, which allows single- family detached and attached housing types within the density of one (1) to six (6) units per acre, and the proposed subdivision would be 2.6 units per acre, which is consistent with the Comprehensive Plan's land use and density guidance; and WHEREAS, the property is located in the R -1 (Single - Family Residential) zoning district, which has a minimum lot area of 10,000 square feet or maximum density of 4.4 units per acre, and the proposed subdivision would be 2.6 units per acre, which does not. exceed the maximum density permitted in the R -1 zoning district; and -1048- Resolution No. 0815 --- li p L Utility Plan shall be modified to provide a gravity sanitary sewer system rather than.a forcemain system to meet City Engineer's recommendations outlined in Proposed Woodlyn Ridge Preliminary Review memo dated December 13, 2007, including adequate drainage & utility easement adjustments to accommodate the shifting of the sanitary sewer line. j. Payment of all required utility fees at the current approved rates prior to release of the final plat: Water Trunk Area Charge (WTAC) = $2,000 /unit; Sewer Trunk Area Charge (STAG) - $2,000 /unit. Payment of water service connection fee - $240 /unit, *and sewer service connection $240 /unit fee as part of building permit Payment of SAC fees as part of the building permit. k. Payment of any City'fees associated with review of the Preliminary Plat Application or related land use permitting. I. Park dedication requirement shall be fulfilled by cash ' payment in lieu of land in accordance with City Code. m. Any and /or all conditions included in the official resolution approving the PDA -CUP for the project. n. Approval of the Water Resource Permit for the project including satisfaction of any and /or all conditions. o. The lots shall have non -lot of record status. • p. Applicant shall be responsible for providing all existing /proposed legal description information in electronic form to City of Mound. q. Structures, with the exception of retaining walls, shall not be built into the required front, side and rear yards. r., The homes shall have at least 840 square feet of area, not including any garage. s. Structures, roadways, driveways and parking areas must be located outside of the wetland buffer. t. A hazardous material inventory and demolition. permit will be needed prior to the demolition of the existing house per MPCA requirements and City policy (if applicable.) u. of new water and sewer service must be completed prior to release of the 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. i -1049- Re.wfution NO. 00-15 v. Any curb, gutter and. streets which are disturbed because of construction including but not limited to installation of the water service, sewer service and small utilities, shall be replaced. w. An approved Hennepin County permit will be required for.any construction taking place within CSAH 15 right -of -way. x. Locations of water and sewer services need to be approved by Mound Public Works Department. y. 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 and all fees have been paid_ z. 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. aa . No future approval of any development plans and /or building permits is included as � part of this action in the event a major su vision -pre immary plat is approve . bb. The applicant submit all required information upon submittal of the building permit applications, when appropriate. cc. Applicant shall be responsible for procurement of any and /or all public agency • f permits including. the submittal of all required information prior to building permit issuance. dd. No work is authorized or approved on public property. Applicant is advised that additional permitting may be needed in the event construction or other related activities are undertaken on public - owned land and is contingent upon the specific improvements proposed to be constructed. ee. The applicant shall be responsible for submittal of the Final Plat in accordance with the established #imeframes in the City Code. ff. An agreement between the City and Developer to allow for early construction start(s) for up to two (2)'homes is prepared and shall be subject to review and approval by the City Council. 2. The Major Subdivision - Preliminary Plat Application is hereby approved for the subject property as depicted on the attached Exhibit A . Adopted by the City Council this 22 day of January 2008 Is/ Mark Hanus Mayor Mark Hanus Is/ Bonnie Ritter Attest: Bonnie Ritter, City Clerk -1050- Resolution No. 08-15 Exhibit A Legal Description Lots 2, 4, and the East Half of Lot 4, Black 11, MOUND TERRACE, Hennepin County, Minnesota, according to the record plat thereof. L� 6I -1051- CITY OF MOUND RESOLUTION NO. 08-16 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FORA PLANNED DEVELOPMENT AREA (PDA) FOR THE PROPOSED WOODLYN RIDGE RESIDENTIAL. _ __......._ .._._.._..__._.._AF..�CEk.OP.ME AIG301-LYNWOOD BOULEVARD WHEREAS, the applicant, the B. Benson Group, is requesting approval of a Planned Development Area (PDA) Conditional Use Permit (CUP) in accordance with City Code Chapter 350.460 for the proposed Woodlyn Ridge residential development at 6301 Lynwood Boulevard; and • WHEREAS, the purpose of the PDA -CUP process is to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires more unique and controlled platting techniques to protect and promote the quality of life in the City; and WHEREAS, the applicant previously submitted a sketch plan for this proposed residential development, as allowed by. the City's Subdivision Ordinance, which was informally reviewed by Staff, the Planning Commission at its October 8, 2007 meeting, and the City Council at its October 23, 2007 meeting; and WHEREAS, the subject site is located on the south side of Lynwood Boulevard in the area between Westedge Boulevard and Robin Lane, near the western edge of Mound; and WHEREAS, the applicant is proposing to subdivide the 4,17-acne property into 11 residential lots for single- family detached homes; and WHEREAS, the applicant is proposing to create one new public street, Woodlyn Ridge Court, as part of the subdivision, which would have a 50 -foot right -of -way and access Lynwood Boulevard (CSAH 15) on the north side of the subject property; and • -1052- Resolution No. 08-16 WHEREAS, the City's Comprehensive Plan guides this land for Low Density Residential, which allows single - family detached and attached housing types within the density of one (1) to six (6) Units per.acre, and the proposed subdivision would be 2:6 units per acre, which is consistent with the Comprehensive Plan's land use and density guidance; and WHEREAS, the property is located in the R -1 (Single - Family Residential) zoning district, which has a minimum lot area of 10,000 square feet or maximum density of 4.4 units per acre, and the proposed subdivision would be 2.6 units per acre, which does not exceed the maximum density permitted in the R -1 zoning district; and WHEREAS, the R -1 (Single - Family Residential) zoning district has the following minimum requirements: • Minimum Lot Area 10,000 sq ft • Minimum Lot Width 60 ft • Minimum Lot Depth 80 ft • --- .Minimurct- Fr- ont-Yard- Setback_.. ___. ........ _.._. • Minimum Side Yard Setback loft • Minimum Rear Yard Setback 15 it Minimum lot frontage on an improved public street shall be 60 ft, except that lots fronting on a cul- de-sac shall be 60 ft at the front building setback line; and • WHEREAS, all of the proposed lots meet the minimum lot area, lot width, lot depth, lot frontage and rear yard setback requirements; and WHEREAS, the applicant has indicated that the purpose of the PDA -CUP request is to enable site design flexibility and variety for an unusual site due to its irregular shape, the resulting lot geometries, the site's topography, the location of the traveled versus platted centerline of the adjacent CSAH 15 roadway, and the fact that this project is an Infill residential development bounded on three (3) sides by existing residential development and on the fourth side by a County Road. Additionatly, during construction of CSAH 15, the platted centerline was not adhered to resulting in a traveled centerline that is located south of the platted centerline and therefore crowds the northern property line. of the proposed development site; and WHEREAS, as part of the PDA -CUP, the applicant is proposing smaller front yard setbacks of 25 ft versus the R -1 minimum requirement of 30 ft and alternating side yard setbacks of six (6) ft on one side and ten (10) ft on the other side versus the R -1 minimum requirement of 10 ft; and' WHEREAS, as part of the PDA -CUP, the applicant is also proposing smaller comer side yard setbacks of 20 ft for Lots 1 & 11 versus the minimum comer side yard setback requirement of 30 ft as measured from CSAH 15 right -of -way; and WHEREAS, maximum hardcover surfaces allowed in residential zoning districts is 30% of the lot area; and • -1053- • Resolution No. 018 WHEREAS,. as part of the PDA -CUP, the applicant is proposing a variety of hardcover percentages by lot that range from 22% on the largest lot to 35% on the smallest lots, however, the cumulative hardcover for all lots would meet the 30% maximum requirement; and WHEREAS, as part of the PDA -CUP, flexibility from the fence regulations in the City Code which restricts the height of fences for retaining walls to no more than 42 inches and permit a fence up to 48 inches to be placed on the top of the retaining wall(s) as recommended by the City Engineer, and WHEREAS, the Planning Commission held a public hearing and reviewed the proposed Woodlyn Ridge major subdivision /preliminary plat, land use and related.permit applications at its January 10 meeting and recommends to the Council to approve the PDA -CUP Application for Woodlyn Ridge subject to conditions; and WHEREAS; the City Council held a public hearing for review of the PDA -CUP application in accordance with the City Code at its January 22, 2008 meeting. . N WTH REFORE; BE - 1T - RESOLVED - bytWCfiy , Council - ofthoCity MMmnesota: . - -- _. The Conditional Use Permit for a Planned Development Area Application for the proposed Woodlyn Ridge 11 -unit residential development is hereby approved subjectto the following conditions: • a. The 30% maximum hardcover percentage shall be maintained by the eleven (11) lots in total. It shall be the applicant's responsibility to verify and maintain documentation regarding the status of the hardcover calculations. The applicant shall submit a development site plan that visually communicates the maximum hardcover percentages allowed for each individual lot as part of the Final Plat application submittal. b. The proposed retaining wall(s), which shall be located on private property and shall not be the responsibility of the City, will need to be designed and stamped by a licensed structural -engineer in the State of Minnesota as is required for wall structures exceeding four (4) feet in height. • c. Modifications to the proposed retaining wall including a two -tiered wall and placement of the walls) are subject to review and approval by the City. of Mound. Applicant is advised that in the event the retaining wall or portion thereof is located within the wetland or buffer area(s), additional permitting may be required. d. Any retaining wall over four (4) feet in height shall require a fence or railing to be constructed along the top of the wall and shall be subject to approval by the City Engineer. e. A fence up to 48 inches in height on top of the retaining wall(s) is hereby approved as part of the PDA -CUP. f. Payment of any City fees associated with review of the PDA -CUP. 3 2o- -1054- Resolution No. 06-16 g. Approval of the Water Resource Permit including any and/or all conditions , referenced in the official resolution. , h. Approval of the Preliminary Plot including any and/or all conditions referenced in the official resolution. 1. The proposed private retaining wall(s), portions of which are proposed to be. higher than four (4) feet in height, are approved to be constructed within the side, front and rear yards of Lot 6 and Lot 7 as part of the PDA-CUP. 2. The PDA-CUP Application is hereby approved for the subject property as depicted on the attached Exhibit A Adopted by the City Council this 22 day of January 2008 • /s/ Mark Hanus ............... . I -MayGF-Ma*--H--aAUS.- is/ Bonnie Ritter Attest: Bonnie Ritter, City Clerk • • -1055- • Resolution No. 08-16 - Exhibit A Proposed Legal Description Lots 2, 4, and the East Half of Lot 4, Block 11, MOUND TERRACE,. Hennepin County, Minnesota, according to the record plat thereof.. • • -1056- CITY OF MOUND' RESOLUTION #08 -17 A RESOLUTION APPROVING THE WATER RESOURCE PERMIT APPLICATION FOR STORMWATER AND EROSION CONTROL FOR THE WOODLYN RIDGE SUBDIVISION AT ..... .... ...__.... _.._ _. __.... - -- _..__._.....- 630- 1- LYMaAL00D_BOULEVARD: _. __...,_...,....____. _..__ ........ ...... . ... ... .... ..... _... WHEREAS, permitting responsibilities for stormwater (MCWD Rule N) and erosion control (Ruie were transferred from the Minnehaha Creek Watershed District to, the City of Mound on August 22, 2002 following approval of the Mound Surface Water Management Plan by the MCWD Board of Managers; and WHEREAS, the applicant has requested approval of a stormwater and erosion control permit associated with a proposed new residential subdivision at 6301 Lynwood Boulevard; and WHEREAS, the subject site is located on the south side of Lynwood Boulevard in the area between Westedge Boulevard wind Robin Lane, near the western edge of Mound; and WHEREAS, the grading and utility plans were reviewed by the City Engineer and Director of Public Works in accordance with the Mound Surface Water Management Plan, City Code Chapter 375, and MCWD Rule N and MCWD Rule D and deemed satisfactory; and. WHEREAS, Staff has recommended approval of the water resource permit application for stormwater and erosion control subject to conditions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1. The water resource application for stormwater and erosion control is hereby approved subject to the following conditions: a. Grading Plan shall be modified improve the functioning and placement of the swale in the backyards of Lots 7, 8 and 9 as recommended by City Engineer in Proposed Woodlyn Ridge Preliminary Review memo dated December 13, 2007. LJ -1057- Resoiutlon No: 08-17 b. Applicant shall work with the City Engineer to resolve issues with the proposed public access to the stormwater pond located in rear yards of Lots 5 and 6 prior to submitting a Final Plat application for Woodlyn Ridge as recommended by City Engineer in Proposed Woodlyn Ridge Preliminary Review memo dated December 13, 2007. c. Proposed silt fend shall generally follow constant contours. When this is not possible, the slit fence should be broken and hooked upslope to slow the flow while still allowing overflow. d. Additional silt fence shall be provided around the south side of Lots 5 & 6 to slow flow and contain sediment at the top of the hill. Bioroll or silt fence should be provided on Lot 6 south of the building pad (midway down the hill) to form a grade break and slow storm water runoff. e. Temporary ditch checks shall be provided in the swaies at the lot lines. f. Temporary erosion control'blanket is required on all slopes steeper than 4:1. g. The applicant shall comply with the requirements of MCWD Rule N, MCWD Rule D, City Code Chapters 375, and the Mound Surface Water Management Plan. 2. The water resource permit application is hereby approved for the subject property as . depicted on the attached Exhibit A . • Adopted by the City Council this 22 day of January 2008 %s/ Mark Hanus Mayor Mark Hanus /s/ Bonnie Ritter Attest: Bonnie Ritter, City Clerk -25- -1058- Resolution No. 08-17 Exhibit A Proposed Legal Descriotion Lots 2, 4, and the East Half. of Lot 4, Block 11, MOUND TERRACE, Hennepin County, Minnesota, according to the record plat thereof. C J U -1059- CITY OF MOUND • RESOLUTION NO. 08-114 A RESOLUTION APPROVING 1 -YEAR EXTENSION FOR CITY APPROVALS FOR WOODLYN RIDGE RESIDENTIAL DEVELOPMENT AT 6301 LYNWOOD BOULEVARD WHEREAS, the City of Mound adopted the following resolutions on January 22, 2008 for the Woodlyn Ridge residential development for the property at 6301 Lynwood Boulevard: Resolution No. 08 -15 Major subdivision /preliminary plat Resolution No. 08 -16 Conditional use permit — planned development area (CUP -PDA) Resolution No. 08 -17 Water resource permit ; and WHEREAS, City Code Chapter 330.30, Subd. 9 includes provisions that govern the extension of the 1 -year provision for preliminary plats which includes submittal of an application a minimum of 45 days in advance of the expiration of the preliminary plat and formal review by the Planning Commission prior to consideration /action by the City Council. WHEREAS, there are provisions in City Code Chapter 330, Subd. 9 which allows the City to recalculate park dedication or other related financial guarantees; and WHEREAS, there are no expirations for City approvals of CUP, PDA and water resource permit(s) in the Mound City Code; and • WHEREAS, the property owner, Brian Benson, on or around October 6, 2008, submitted a request for a 1 -year extension of the City approvals for the Woodlyn Ridge development project; and WHEREAS, if approved, the 1 -year extension would run until January 22, 2010; and WHEREAS, as required by City Code Chapter 330, Subd. 9, the request was reviewed by the Planning Commission at its November 17, 2008 meeting who unanimously voted to recommend City Council approval of the 1 -year extension request. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound as follows: The approvals granted by the City of Mound for the Woodlyn Ridge residential subdivision of the property at 6301 Lynwood Boulevard contained in Resolution No. 08- 15, Resolution No. 08 -16 and 08 -17 including all conditions are officially extended until January 22, 2010. 2. Park dedication fees for the project shall be based on Pay 2008 Taxable Market Value from Hennepin County for land ($250,000.00) which was in effect at time of January 22, 2008 preliminary plat approval. Payment of utility fees shall be at the current approved rates at the time of final plat. 3. Any future extension request shall follow the procedures as set forth in City Code • Chapter 330.30, Subd. 9. -1060- Resolution No. 08 -114 4. The extension request(s) are hereby approved for the following described property: Lots 2, 4, and the East Half of Lot 4, Block 11, MOUND TERRACE, Hennepin County, Minnesota, according to the record plat thereof. Adopted by the City Council this 25 day of November 2008 Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk 0 -1061- CITY OF MOUND is ORDINANCE NO. _ -2010 AN ORDINANCE AMENDING CHAPTER 2 OF THE MOUND CITY CODE AS IT PERTAINS TO COUNCIL MEETINGS The City of Mound does ordain: That Chapter 2, Section 2 -51, Subd. (a) Regular meetings, be amended to read as follows: (a) Regular meetings. Unless the Council determines otherwise, regular meetings of the Council shall be held on the second and fourth Tuesdays of each calendar month at 7-LW per- 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held at city hall. Passed by the City Council this _ day of , 2010. Mayor Mark Hanus • Attest: Bonnie Ritter, City Clerk -1062- Hennepin County Memo DATE: May 12, 2010 TO: Kandis Hanson, Mound City Manager FROM: Jon Klockziem SUBJECT: 2010 Mound Open Book Meeting The 2010 Mound Open Book meeting was held May 5 th from 4 -7 p.m. The meeting provides an open forum for property owners to discuss the current assessment and classification and address any concerns they may have with the assessor. 0 7 attendees spoke with our appraisers. 6 of the discussions resulted in no change to the market value or classification. 1 change to the market value is occurred, resulting in a reduction for that parcel of 10.7% In addition, approximately 65 individual residential reviews have been conducted as of this date. This number is significantly less than last year. Currently, there have been no residential appeals within Mound made to the County Board of Equalization. Enclosed is the list of attendees and the results. A final copy of all individual appeals can be provided, if necessary, after the final appointment date for the County Board of May 26, 2010. End: Open Book Form • -1063- M1NNt5U1A• KtVtNUl 1 CT code is the city /town code that has been issued by the Property Tax Division of the Department of Revenue. This four -digit code is unique to each city or town withir 2 Jurisdiction Total EMV is the amount that is reported in item 30 of the 2009 Spring Mini Abstract. 3p - Appeal by property owner; W - Appeal in writing; R - Appeal by representative; 0 - Other (miscellaneous board actions); AR - Assessor recommendations brought tc 4 D not use class code numbers to describe the type of property. Identify the class by name, i.e., residential homestead instead of 201. Name of property owner Appeal code Parcel number one parcel per line . if no change Explanation for change Assessor's EMV Land Improvements Total Beatrice Amidon P 18- 117 -23 -23 -0058 X Diana Watson P 1 12-117-24-43-0003 X Dan Strot P 12- 117 -24 -43 -0002 X Ted and Becky Hall P 23- 117 -24 -14 -0142 Land Value comparision 168,000 168,( Vince Forystek P 19- 117 -23 -33 -0064 x Paul Johnson P 13- 117 -24 -32 -0002 x Janice Olson P 13- 117 -24-42 -0012 X O • • • Open Book Record for 2010 City of Mound Cashfinvestments Balances by Fund At the End of April 2010 FUND NAME $ Amount • General Fund 918,106 Park Dedication Fees 10,670 Area Fire Protection Services 302,468 Dock 376,282 Mound HRA 21,035 G.O. Equip. Certf. 2004 - C 25,110 G.O. Equip. Certf. 2005 - C (47,639) G.O. Equip. Certf. 2006 - C (58,857) G.O. Equip. Certf. 2007 - C (38,037) G.O. Equip. Certf. 2008 - D (36,212) G.O. Equip. Certf. 2009 - C (3,116) Mound Transit Center Series 2006 (12,601) G.O. Bonds 2001 - C 57,266 Commerce Place TIF 42 G.O. Bonds 2003 - C TIF 1 -2 365,119 G.O. Bonds 2001 - A 16,561 G.O. Bonds 2003 - A 155,414 G.O. Bonds 2004 - A (149,124) G.O. Bonds 2005 - A 309,677 G.O. Bonds 2006 - A 306,667 G.O. Bonds 2007 - A 282,827 G.O. Bonds 2008 - B 218,226 G.O. Bonds 2009 - A (84,494) Taxable G.O. TIF Bonds 2008 A 173,305 HRA Lease Rev Bonds (206,722) Capital Improvement 1,284,820 MSA (4,047) Sealcoat 118,907 Parking Deck - Downtown TIF 1 -2 63,910 Downtown TIF 1 -3 MHR 136,913 HRA Public Safety Bldg - Water 451,579 Sewer 1,200,275 Liquor Store (584,909) Recycling (25,091) Storm Water (706,438) Total Cash 4,837,892 66,936 Note: The above schedule shows the combined cash and Investment balances by fund for the months indicated as recorded in the General Ledger. The balances do not reflect receivable, payables, authorized transfers, encumbered funds, or dedicated /reserved resources, etc. Only some accrued transactions are reflected. Investment Income will be distributed to the funds at the end of the year and is not Included. A long and complete process is followed to record all transactions, before we close the books, at the end of the year. In addition, the audit from the independent auditor is perforated and an official Comprehensive Report will be presented to the City Council and made available to interested parties. In no way this schedule is Intended to represent balances of funds • available for spending. -1065- I* CITY OF MOUND BUDGET REVENUE REPORT Apr. 2010 33.33% Apr. 2010 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED GENERAL FUND 10 I* Taxes 3,861,424 - - (3,861,424) 0.00% Business Licenses 18,100 2,650 5,150 (12,950) 28.45% Non - Business Licenses /Permit 99,000 16,574 32,085 (66,915) 32.41% Intergovernmental 122,060 - 15,000 (107,060) 12.29% Charges for Services 89,400 735 33,391 (56,009) 37.35% Court Fines 55,000 7,984 20,891 (34,109) 37.98% Street Lighting Fee 216,000 17,969 72,704 (143,296) 33.66% Franchise Fees 397,000 84,502 107,518 (289,482) 27.08% G.O. Equipment Certificates 105,625 - - (105,625) 0.00% Charges to Other Dpts 12,000 - 743 (11,257) 6.19% Park Dedication Fees - - - - 0.00% Other Revenue 354,270 10,558 64,264 (290,006) 18.14% TOTAL REVENUE 5,329,879 140,973 351,746 (4,978,133) 6.60% FIRE FUND 1,052,805 78,083 388,193 (664,612) 36.87% DOCK FUND 155,140 6,560 163,252 8,112 105.23% MOUND HRA - - - - #DIV 101 WATER FUND 1,200,000 83,553 326,789 (873,211) 27.23% SEWER FUND 1,439,250 110,813 448,486 (990,764) 31.16% LIQUOR FUND 3,003,000 211,126 754,562 (2,248,438) 25.13% RECYCLING FUND 231,700 15,758 64,300 (167,400) 27.75% STORM WATER UTILITY 229,488 19,270 77,940 (151,548) 33.96% INVESTMENTS (Net of Exp) 160 2,703 2,703 -1066- GENERAL FUND TOTAL 5,328,631 425,344 1,542,264 3,786,367 28.94% Area Fire Service Fund CITY OF MOUND 79,015 303,828 748,979 28.86% Dock Fund BUDGET EXPENDITURES REPORT 32,336 141,665 18.58% HRA Fund 40,250 Apr. 2010 16,783 23,467 33.33% Capital Projects 1,672 - 262,891 - 195,763 197,435 TIF 1 -2 Downtown Mound • 0 0 Apr. 2010 YTD TIF 1-3 MHR PERCENT 5,464 16,082 BUDGET EXPENSE EXPENSE VARIANCE EXPENDED 595,384 1,103,219 35.05% GENERAL FUND 1,645,388 129,788 589,175 1,056,213 35.81% Liquor Fund Council 79,991 3,691 20,117 59,874 25.15% 240,943 Promotions 71,500 0 0 71,500 0.00% 54,864 City Manager /Clerk 327,779 26,170 98,096 229,683 29.93% Elections 18,375 58 1,878 16,497 10.22% Finance 326,745 25,593 96,649 230,096 29.58% Assessing 95,650 0 32 95,618 0.03% Legal 140,506 9,792 25,672 114,834 18.27% City Hall Building & Srvcs 102,845 5,613 26,097 76,748 25.38% Computer 29,800 6,777 17,837 11,963 59.86% Police 1,883,189 139,635 584,656 1,298,533 31.05% MEMO: Police Reimb. (75,000) - 75,000 0.00% Emergency Prepardeness 25,950 4,634 18,458 7,492 71.13% Planning /Inspections 363,099 22,225 84,884 278,215 23.38% Streets 714,551 92,630 230,958 483,593 32.32% Parks 536,882 34,933 142,921 393,961 26.62% Park Dedication Fees - 0 8,380 -8,380 #DIV /01 Cemetery 11,239 0 954 10,285 8.49% Recreation 5,000 300 300 4,700 6.00% Transfers 518,600 42,704 170,818 347,782 32.94% Cable TV 45,230 11,272 11,272 33,958 24.92% • Contingencies 31,700 -683 2.285 29.415 7.21% GENERAL FUND TOTAL 5,328,631 425,344 1,542,264 3,786,367 28.94% Area Fire Service Fund 1,052,807 79,015 303,828 748,979 28.86% Dock Fund 174,001 11,966 32,336 141,665 18.58% HRA Fund 40,250 2,496 16,783 23,467 41.70% Capital Projects 1,672 - 262,891 - 195,763 197,435 TIF 1 -2 Downtown Mound - 0 0 0 TIF 1-3 MHR - 5,464 16,082 - 16,082 Water Fund 1,698,603 91,928 595,384 1,103,219 35.05% Sewer Fund 1,645,388 129,788 589,175 1,056,213 35.81% Liquor Fund 604,849 48,048 182,043 422,806 30.10% Recycling Fund 240,943 28,391 61,523 179,420 25.53% Storm Water Utility 346,012 54,864 125,782 220,230 36.35% 01 -1067- Mound Fire Department Fire Commission Meeting Wednesday May 19, 2010 11:00 a.m. —1:00 p.m. AGENDA 1. General Information and Updates • 2009 Mound Fire Annual Report — Distribution of Copies and a short review • 2009 Annual Report — Focus on Challenges for Future • 2010 Organizational Structure, Promotions, and Firefighter Staffing 2. Apparatus Efficiency Plan Implementation NEWS • Apparatus Bay Tour to explain purpose of all Apparatus • Response Sequence improvements and changes effective May 3, 2010 3. Mound Volunteer Fire Department Relief Association issues • 2009/2010 Relief Association Special Fund Account Balance • Relief Association - Actuarial Valuation 2009 Year End Report • • MFD Relief Association Pension Plan Member survey results • MFD Relief Association Pension Plan Study — next steps • 2010 Fish Fry and Dance sponsored by MVFD Relief Association 4. Financial and Budgets • MFD Grant Summary with updates • 2009 Budget vs. Expenditures (actual) • Budget considerations for the Future • MFD Relief Association Pension Fund — Pension Plan Study • Apparatus Replacement and Fund Balance (AFG) • False Alarm Policy • Charging for Fire Department emergency responses 5. Other Important Topics — Follow up Only • Joint Cooperative Agreement for Fire Protection — New Fire Contract • The Duty Officer and /or Duty Crew study (evaluation of feasibility) — Test Program July 1, 2010 for a (6) six month trial period b. Fire Service NEWS 7. Adjourn • 5i DL�:2 Mound Fire Department Relief Association Pension Plan Survey Total Vote Points 1. The MFD Pension Plan should offer a choice of a monthly benefit pension plan and/or a lump sum benefit plan, 40 172 and allow the retiring firefighter to choose the plan that best fits his/her retirement needs: 1 2 3 4 5 2. Most FD pension plans offer less than 20 year vesting, the MFD pension plan should offer 10 year partial vesting to 40 135 benefit those firefighters that cannot meet the 20 year commitment: 1 2 3 4 5 3. Our current MFD pension plan limits years of service vesting and caps benefits at the 20 year mark. Our plan should 40 162 increase benefits and pay an equal benefit for every year beyond the 20 year vesting: 1 2 3 4 5 4. The MFD pension plan should have a maximum years of service clause which sets limits of maximums for benefit 39 103 years paid: 1 2 3 4 5 5. The MFD pension plan should allow new MFD experienced firefighters to gain years of service credit for previous 40 74 experience at another fire department: 1 2 3 4 5 0 6. In the event of the death of a firefighter (active or retired), our current plan limits spousal benefits to 75% of pension 40 171 benefit, this benefit should be increased to 100% for the beneficiary: 1 2 3 4 5 7. Firefighters that do not meet the department minimums standards for fire call response percentages, training drills and 37 148 maintenance attended should not receive service credit time toward the pension vesting for the periods of non - performance: 12345 8. We should change our plan to a lump sum only plan: 1 2 3 4 5 40 73 9. We should leave the plan exactly as it is and not change anything: 1 2 3 4 5 40 65 10. Our current pension plan is somewhat outdated and should be evaluated and studied to make sure it is current and 40 175 appropriate based upon today's firefighter time commitment: 1 2 3 4 5 1— Strongly disagree, is not important to me, or is a low priority 2 - Somewhat disagree, is somewhat important to me, and is a medium to low priority 3 - Disagree, is moderately important to me, and is a medium priority 4 - Very much agree, is very important to me, and is high priority 5 — Strongly agree, is most important to me, and is a top priority item Average 4.30 3.38 4.05 2.64 1.85 4.28 4.00 1.83 1.63 4.38 Name: Am optional • • MW 0 0 • • Relief Association Pension Plan Survey rating Guide 1— Strongly disagree, is not important to me, or is a low priority 2 - Somewhat disagree, is somewhat important to me, and is a medium to low priority 3 - Disagree, is moderately important to me, and is a medium priority 4 - Very much agree, is very important to me, and is high priority 5 — Strongly agree, is most important to me, and is a top priority item MFD -APPARATUS RESPONSE SEQUENCE High Capacity Hydrant 1 out— Engine ( #29) 2 " out - Engine ( #24 - #18) 3 rd out - Utility Heavy ( #22) 4th out - Aerial Ladder ( #17) 5 out - Rescue ( #34) 6 out - Utility Pickup ( #26) Residential 'Structure Fire Low Capacity Hydrant 1 out— Engine (#40) 2nd out — Engine ( #29) 3 rd out — Tanker ( #35) 4 out — Utility Heavy ( #22) 5 out — Aerial Ladder ( #17) 6 out — Rescue ( #34) Non - Hydrant Area 1 S out — Engine ( #29) 2nd out — Engine ( #24 - #18) 3 rd out — Engine (#40) 4 out — Tanker ( #35) 5 out — Utility Heavy ( #22) 6 out —Aerial Ladder ( #17) Commercial, Industrial or Apartment Fire -= All Areas 1 out — Engine ( #29) 4 out — Utility Heavy ( #22) 2nd out — Aerial Ladder ( #17) 5 out — Rescue ( #34) 3 out — Engine ( #24 - #18) 6 out — Engine (if necessary) Personal Injury Accident'or Special Rescue On Land or Roadway 1 st out - Rescue* ( #34) 2nd out - Engine * ( #29) 3 out — Utility Heavy ( #22) 4 out — Utility Pickup ( #26) Ice Rescue 1 st out — Utility Heavy ( #22) 2nd out — Rescue & Boat ( #34) 3 rd out — Polaris 6x6 ( #37) 4 out — Utility Pickup ( #26) Water Rescue 1 out — Utility Pickup ( #26) • 2nd out — Boat #11 3 rd out — Rescue ( #34) 4 out — Utility Heavy ( #22) *NOTE: Order of response is reversed if confirmed smoke or fire showing Special Situation Calls Grass or Brush Fire 1 st out — Engine (#40) 2nd out — Tanker ( #35) 3` out - Grass Rig ( #33) 4 out — Polaris 6x6 ( #37) Mutual Aid — Fire ** 1 out — Engine (#40) 2nd out — Tanker ( #35) 3" out — as requested 4 out — evaluate resources HazMat Incident 1 out — Engine w /trailer ( #29) 2 out — Utility Heavy ( #22) 3 rd out - Utility Pickup ( #26) 4 out — as requested NOTE: for Hazardous Condition calls for service such as wires down, carbon monoxide alarms, or basic service calls such as faulty smoke alarm the initial response will be handled as follows: • A small firefighter crew of a minimum of two firefighters and the Utility Pickup - Unit #26 or the Duty Vehicle Rescue #12 - Unit # 39. Respond in groups of two when possible. • For a wire down call response with a fire reported or thought to be immanent, fire response will require an Engine and crew • For Carbon Monoxide Alarm call and response with a report of a party feeling ill will also • require an Engine and crew ** Mutual Aid responses require an authorized pump operator and fire officer on board -1071- PARKS AND OEN SPACE COMMISISON MEETING MINUTES • Thursday, May 13, 2010 Present: Chair Mike Wilkus, Commissioners Josh Dunwoody, Todd Peterson, Robert Brose, Council Member Heidi Gesch Excused: Sharon Holden, Mark Lee Other Present: Park Superintendent Jim Fackler, Administrative Assistant Vicki Weber Chair Wilkus called meeting to order at 7:00 p.m. 1. Election of Officers: MOTION by Peterson to nominate Mike Wilkus as Parks and Open Space Commission Chair. SECOND by Gesch. MOTION carried unanimously. MOTION by Wilkus to nominate Todd Peterson as Parks and Open Space Commission Vice Chair. SECOND by Gesch. MOTION carried unanimously. 2. Approval of N ,;P M Gesch requed an ' d 0 ,d� PUS issi er summer work nights. • Wilkus reque ed .t , - a tion i o �iscuss Sh n Holden's idea of Picnic in the . MOTION by Gesch to approve agenda with the addition of items I Oa and l Ob. SECOND by Peterson. MOTION carried unanimously. 3. Approval of April 8, 2010 Meeting Minutes: MOTION by Gesch to approve minutes as written. SECOND by Dunwoody, Voting in favor, Dunwoody, Peterson, Gesch. Abstained, Wilkus, Brose. MOTION carried. 4. Comments and suggestions from citizens present: None present 5. Discuss: Work Rules: MOTION by Gesch to approve work rules with changing Section B, item 5 to read, "A majority of the members shall constitute a quorum." SECOND by Peterson. MOTION carries unanimously. 0 -1072- I 6. Discuss: Depot Upgrades: Fackler discussed the estimated cost to replace the roof at the Depot and upgrade • the heating and cooling system as a request for the 2011 Budget. Discussion followed. The commission recommended staff to proceed with the budget request to replace the roof and upgrade the heating and cooling system. 7. Discuss: Adopt a Green Space Weber updated the Commission on the response on the Adopt -A -Green Space program. Discussion followed. The Adopt -A -Green Space will be a discussion item on the February 2011 agenda. 8. Discuss: 2011 Parks Budget Fackler stated the budget process starts in June and any requests from the Commission will brought forth to the City Manager for budget consideration. Discussion followed on bonding for Park Improvements. Gesch suggested adding a line item in the budget for park upgrades and/or play structures or equipment replacement. Discussion followed on condition of play structures. Fackler stated structures are inspected on a regular basis. MOTION by uni*dY - 111 re r j st $4 '00 consider for the 2011 budget for play structureplacn�f�`: Ol Pe MOt ION carried • 5� GSA. h F� S 4. �S= f. unanimously 9. Park Planning — see above 10. Review: Calendar: Add play structure discussion in September, 2010, Work Rules in January, 2011 calendar and Adopt -A -Green Space in February, 2010. Change Thursday November 11 meeting to Wednesday, November 10 due to conflict with Veterans Day. 10a. Discuss: Meeting as work sessions in summer months. Gesch suggested the Commission meet during the summer to perform work in a park or green space. The Commission will meet at 6:30 p.m. on June 10 at the Andrews Sister's Trail, and at Swenson Park at 6:30 p.m. on Thursday, July 8th Gesch will head up the June 10 event and Bob Brose for the July 8 event. l Ob. Discuss: Suggestion from Sharon Holden for a Picnic in the Park Event. • 6D1►AR Holden suggested having monthly "Picnic in the Park" events. Discussion • followed. The Commission likes the concept, but more planning would be needed. This will be added to the February, 2011 calendar as a discussion item. 11. Reports: Council Representative Gesch stated the council is projecting a 0% increase in the levy for 2011, and would like to reduce franchise fees by $.25. Meetings have been held with the Minnetonka Creek Watershed District (MCWD) regarding shoreline rules. The Mound Fire Departments Annual Fish Fry is June 5 Park Superintendent Fackler reported mowing has started, play structures were inspected and replacement parts ordered, and the play structure at Seton Park should be completed in June. MOTION by Gesch to adjourn. SECOND by Peterson. Meeting adjourned at 8:31 p.m. • -1074- Y CC Y>� N l• �t Y Sh. �ay�� � ky5 � • -1074- LAKE MINNETONKA ASSOCIATION May 6, 2010 To: Greg Nybeck, LMCD Cc: Kandis Hanson, Michael Funk, Brian Heck, Jessica Loftis From: Dick Osgood, Lake Minnetonka Association RE: Reimbursement Request for the 2010 Three Bay Milfoil Treatments I am pleased to report the herbicide applications in Carmans, Grays and Phelps Bays have been completed. I thank the Lake Minnetonka Conservation District and the Cities of Mound, Minnetrista, Orono and Shorewood for your financial support of this important project. In accordance with the respective commitments and agreements, I hereby request payment as follows: Lake Minnetonka Conservation District Save - the -Lake Fund Carmans Bay $10 Grays Bay (25% of $4,284.80) $ 1,071.20 Phelps Bay (25% of $28,280.40) $ 7,070.10 Cities Mound $12,000 Minnetrista $ 3,000 Orono $ 3,000 Shorewood $ 6,000 Please remit to: Lake Minnetonka Association, PO Box 248, Excelsior, MN 55331. The Cities may remit through the LMCD or directly to the LMA. I have attached the applicators' invoices. Please contact me if you have any questions. Thanks, n el l — �oo Dick Osgood Executive Director Attachments: PLM Lake & Land Invoice LAxt MINNETONKA A SSOCIATION 0 P.O. Box 248, Exc:els.ior, MN 55331 ") ( • 0 • -1075- • Mound Fire Department 59 Annual Fish Fr y and Dance Saturday, June 5, 2010 • Dinner 3 -8 p.m. and Dance 8 -12 p.m. Tickets: $8.00 Advance $10.00 at the Door Dance to the Deep Fried Tweeters! • -1076-